INSTRUCTIONS

Upon completion of instructions, file all forms with the Clerk of the
Court hearing your case.

1. DEFENDANT’S MEMORANDUM IN OPPOSITION TO

PLAINTIFF’S MOTION FOR SUMMARY

JUDGMENT

IN THE CIRCUIT COURT OF THE Add number for JUDICIAL CIRCUIT

IN AND FOR Identify COUNTY Add {State} CIVIL DIVISION

Substitute the name of the Plaintiff(s) as shown on the Complaint

__________________________ AS TRUSTEE OF ___________

_____________________________, ASSET BACKED

PASS-THROUGH CERTIFICATES, SERIES CASE NO: ______________

20__-xx UNDER THE POOLING & SERVICING

AGREEMENT DATED AS OF AUGUST __, 20__,

WITHOUT RECOURSE.

Plaintiffs

v.

Insert the name of the Defendants including you as shown on the Complaint

____________ and _____________

Defendants.

______________________________________________________________________________

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 DEFENDANT’S MEMORANDUM IN OPPOSITION TO

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Defendant Insert your name and name of spouse if she is also an owner, now files
this Memorandum in Opposition to Plaintiff’s Motion for Summary Judgment in the
above-captioned case. Fla. R. Civ. P. 1.510(a). For the reasons….

CONCLUSION

For the above-mentioned reasons, Defendant states that Plaintiff‘s Motion for

Summary Judgment should be overruled in its entirety.

Respectfully submitted.

Sign your name (and have spouse sign if she

too is an
owner)

Print the signed name(s), Defendant, pro se

0000 Shell Isle Rd., Suite 0000

_____________, Fl. 00000

(000) 000-0000

(000) 000-0000 (Facsimile)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent

via facsimile and regular mail to Insert Name and address of lawyer(s) for

Plaintiff(s), Esq., 00000 Biscayne Blvd., Ste. 000, _________ Florida 33161 this ____

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day of _________, 20__. If there is another lawyer, add the name and address to this

list. Mail a copy to each named lawyer by certified mail, return receipt requested.

Sign your name (and have spouse sign

if she too is an owner)

______________________

Spell Name,
Defendant, pro se

2. Answer

IN THE CIRCUIT COURT OF THE Add number for JUDICIAL CIRCUIT

IN AND FOR Identify COUNTY Add {State} CIVIL DIVISION

Substitute the name of the Plaintiff(s) as shown on the Complaint

__________________________ AS TRUSTEE OF ___________

_____________________________, ASSET BACKED

PASS-THROUGH CERTIFICATES, SERIES CASE NO: ______________

20__-xx UNDER THE POOLING & SERVICING

AGREEMENT DATED AS OF AUGUST __, 20__,

WITHOUT RECOURSE.

Plaintiffs

v.

Insert the name of the Defendants including you as shown on the Complaint

____________ and _____________

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Defendants.

______________________________________________________________________________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was mailed this _________ day
of ____________________, 20____, to all parties on attached Service List.

Insert a list with the name and address of each attorney representing the Plaintiff(s). Mail a
copy of the Answer to each attorney by certified mail; return receipt requested

Attorney Name

Address

Telephone

Fax

Sign the complaint

__ /s/ ________

{Signed by attorney or defendants pro se}

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 3. MOTION TO DISMISS

IN THE CIRCUIT COURT OF THE Insert Number JUDICIAL CIRCUIT

IN AND FOR Insert COUNTY, Insert {State} CIVIL DIVISION

Insert name of Plaintiff from first page of Complaint.

__________________________ AS TRUSTEE OF ___________

_____________________________, ASSET BACKED

PASS-THROUGH CERTIFICATES, SERIES CASE NO: ______________

20__-xx UNDER THE POOLING & SERVICING

AGREEMENT DATED AS OF AUGUST __, 20__,

WITHOUT RECOURSE.

Plaintiff,

v.

Insert name(s) of Defendant(s)

____________ and _____________

Defendants.

________________________________________/

MOTION TO DISMISS

Defendants, Insert name and Insert name of spouse, by and through undersigned
counsel {or “pro se” if you are representing yourselves and have not secured legal
representation}, move to dismiss this action and state:

1. Defendants, [ insert names….

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 WHEREFORE, Defendants request this court dismiss the Plaintiff’s complaint with
prejudice together with court costs, legal costs and damages, as this court may
determine to be appropriate.

Sign name

Spell Name

Attorney for Defendant or pro se

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing was served via U.S. Mail to

[List the name and address of every other attorney representing Plaintiffs on [date]:

______________________________________

Spell Name

Attorney for Defendant or pro se

Mail a copy to each listed attorney by certified mail; return receipt requested.

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 4. Affidavit
To use the Motion and Affidavit, you must first go on the internet to sunbiz.org .
Determine if the Plaintiff trust is listed as a registered trust. If it is not listed you may file
this motion and affidavit after the documents have been completed in accordance with
the instructions. The affidavit must be signed in front of a notary as explained below.

IN THE CIRCUIT COURT OF THE insert number JUDICIAL CIRCUIT

IN AND FOR insert COUNTY; insert {State} CIVIL DIVISION

CASE NO: Insert

Insert name of Plaintiff from first page of Complaint.

__________________________ AS TRUSTEE OF ________________________________________,

ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 20__-xx UNDER THE
POOLING & SERVICING AGREEMENT DATED AS OF AUGUST __, 20__, WITHOUT
RECOURSE.

Plaintiff,

v. Insert the names of Defendant(s)

____________ and _____________

Defendants.

_______________________________________/

AFFIDAVIT

AFFIANT DOES DEPOSE, AVER AND STATE:

1. Affiant is a defendant in this action and a resident of Florida.

2. The Florida Division of Corporations’ Sunbiz™ web site enables a person to

search and access filed information for corporations, limited liability
companies, limited partnerships, general partnerships, trademarks, fictitious
name registrations and liens. A Declaration of Trust filed in accordance with
the laws of Florida can be searched and accessed at this website.

3. Affiant searched Sunbiz.org to access and inspect the Declaration of Trust

field on behalf of Plaintiff.

4. No such document was found by Affiant.

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 5. Affiant states that the search provides substantial evidence of Plaintiff’s non-
compliance with Florida law.

VERIFICATION OF AFFIDAVIT

I, the undersigned, do hereby swear or

affirm, under
penalty of perjury, that the information contained in the attached pages is a
true, accurate
and complete statement of the facts.

Signature:

INSTRUCTIONS TO NOTARY
This form must be the product of an oath, not merely an acknowledgment.
Before the
verification is signed you must:
1. Place the affiant under oath;
2. Insure the affiant understands that all assertions are sworn to as
accurate and the affiant is subject to the penalty of perjury for any
false statement; and
3. Have the verification signed in your presence.
STATE OF Florida

} ss
COUNTY OF
Subscribed and sworn to me this day of , 2009, by
.

Notary Public
(SEAL)
My Commission Expires:

CERTIFICATE OF SERVICE

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 I hereby certify that a true and correct copy of the foregoing was served via U.S. Mail to

[List the name and address of every other attorney representing Plaintiffs on [date]:

______________________________________

Spell Name

Attorney for Defendant or pro se

Mail a copy to each listed attorney by certified mail; return receipt requested.