Can a Motion to Dismiss for Fraud on the Court be joined to a Motion in Opposition to a Foreclosure Motion for Summary Judgment

Asked almost 2 years ago - Tallahassee, 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 The Trustee was de-registered and withdrawn by the Fl Dept of State from doing business in Fl.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.

Additional information

The note was altered twice. Plaintiff confirmed in an interrogatory answer that the note attached to the complaint was a copy of the original. The copy was not endorsed and the original was endorsed with no written signature, but a rubber stamp only.

Attorney answers (1)

  1. Eugene P. Castagliuolo

    Contributor Level 16


    Lawyers agree


    Answered . Do you want me to tell you what you want to hear, or would you prefer that I give you an honest answer? Because I'm not going to give you a BS answer, I'm going to give you a real world, honest answer.
    Here we go: If you want to have a fighting chance to win your foreclosure case, if you want to stay in your home as long as possible, if you want to possibly prevail in that you force the plaintiff to modify your mortgage, then hire a foreclosure defense lawyer. But if you want to lose your case, then keep on handling it yourself. Do you really think that this forum is the place to learn how to do this??? It's not. Do the right thing, before it's too late. Good luck with your decision and your case.

    If you think my response is the best response, it would help me if you would indicate that. Also, please note... more

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