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Can a Motion to Dismiss for Fraud on the Court be joined to a (foreclos) Motion in Opposition to a Motion for Summary Judgment?

Fort Lauderdale, FL |

Can a Motion to Dismiss for Fraud on the Court be joined to a Motion in Opposition to a (Foreclosure) Motion for Summary Judgment? Pleadings include interalia:...1. The Mortgage was assigned to a Trustee after the Cut-Off date of the REMIC Trust....2. The Trustee was made inactive two months before the Assignment.....3. The Trustee was de-registered and withdrawn by the Fl Dept of State from doing business in Fl. (certified document is on hand and see Fl Statutes 609.04, 609.06) before the Notice of Acceleration was mailed....4. The Trustee was barred from foreclosure proceedings in terms of the Pooling and Servicing Agreement, the Prospectus and the Supplementary Prospectus. This is the duty of the Servicer.....5. The last SEC filing took place nine months before all this transpired.

Attorney Answers 1


  1. You cannot mix these two. The standards are inopposite.

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