Request,Application: U.S. BANK, NATIONAL ASSOCIATION VS OSCAR D MATUS ET AL

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                                Filing # 89207828 E-Filed 05/08/2019 04:51:30 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA

US BANK, N.A., CIRCUIT CIVIL DIVISON
Plaintiff, CASE NO. 2017-014302 CA 15
vs.
10283 LJJ, INC., et al.,
Defendants. /

DEFENDANT 10283 LJJ, INC. FIRST REQUEST FOR ADMISSIONS TO
PLAINTIFF

Defendant 10283 LJJ, Inc. by and through undersigned counsel and pursuant
to Florida Rule of Civil Procedure 1.370 requests plaintiff to admit the following
within the time frame prescribed by said rules, and states:

1. The Note giving rise to this action is not payable to plaintiff.

2. Plaintiff was not the holder of the Note giving rise to this action when suit
herein was filed.

3. Plaintiff is not the owner of the Note giving rise to this action.

4. The original lender of the Note and Mortgage giving rise to this action did
not transfer possession of the Note and Mortgage to plaintiff before suit herein was
filed.

5. Plaintiff was not in possession of the Note giving rise to this action when

suit herein was filed.

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Graham Legal, P.A. * 814 Ponce de Leon Boulevard * Suite 410 * Coral Gables, Florida 33134 * Telephone 305.445.9185CASE NO. 2017-014302 CA 15

6. No endorsements were affixed to the Original Note which is the subject of
this foreclosure action before suit herein was filed.

7. The purported Allonge was not an exhibit to the complaint filed herein.

8. No allonge was permanently affixed to the Note giving rise to this action
when suit herein was filed.

9. An allonge cannot be permanently affixed to a Note by way of a paper
clip, staple or scotch tape.

10. Plaintiff does not possess standing to bring this lawsuit.

11. Plaintiff does not possess a true and correct copy of the acceleration
letter sent to defendants herein.

12. Plaintiff possesses no proof that the demand letter was ever placed in an
envelope and mailed to defendants.

13. Conditions precedent to acceleration required by the Note and or
Mortgage which are the subject of this action have not occurred, been performed,
waived or excused.

14. No assignment of mortgage of the Note and Mortgage giving rise to this
action was executed in favor of plaintiff before the filing of this action.

15. The Note giving rise to this action is part of a securitized trust, composed
of more than one mortgage loan.

16. The Trust referred to in the paragraph above was created by a Pooling

and Servicing Agreement.

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Graham Legal, P.A. * 814 Ponce de Leon Boulevard * Suite 410 * Coral Gables, Florida 33134 * Telephone 305.445.9185CASE NO. 2017-014302 CA 15

17. Servicing of the Note and Mortgage giving rise to this action is governed
by a Pooling and Servicing Agreement.

18. Once the loan giving rise to this action was transferred to the securitized
trust, all rights of the originating lender and Mortgage Electronic Registration
Systems in the Note and Mortgage giving rise to this action were terminated.

CERTIFICATE OF SERVICE

WE HEREBY CERTIFTY that a true and correct copy of the foregoing was
served by eservice to Kelly M. Williams, Esquire, answers@shdlegalgroup.com;
SHD Legal Group, P.A., Attorney for Plaintiff, 499 NW 70 Avenue, Suite 309,
Fort Lauderdale, Florida 33317 and Carla A. Jones, Esquire, service@
cjlawoffices.com; carla@cjlawoffices.com; Law Office of Carla Jones, P.A.,
Attorneys for Defendant Milan by Lennar Homeowners Association, Inc., 550 NE
124 Street, North Miami, Florida 33161 on May 8, 2019.

GRAHAM LEGAL, P.A.
Counsel for Defendant 10283 LJJ
Ponce Plaza, Suite 410

814 Ponce de Leon Boulevard
Coral Gables, Florida 33134

Telephone (305) 445-9185
Telecopier (305) 444-8015

eservice@grahamlegalpa.com

By: s/ Dillon Gahan

H. Dillon Graham, III, Esquire
Florida Bar Number 0371955

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Graham Legal, P.A. * 814 Ponce de Leon Boulevard * Suite 410 * Coral Gables, Florida 33134 * Telephone 305.445.9185