Must file special appearance, not general appearance, to quash service of process.

-Quash service -Invalid service of process will set aside default. -Can still file motion prior to court filing default order. -F.S. 673 is enforcement, not reestablishment statute. -Rule 1.420 P must pay atty fees and costs on original action, if voluntarily dismissed, before bringing second action. -Complaint must be verified. -Attachment overrrides language in complaint. -Trustee (complaint shd attach trust docs, assignment, endorsement of note, etc.) -How can you hold a note if the note is lost? (Cant be holder and enforcer if note is lost) UCC -owner and holder or entitled to enforce Dismiss bc vague. -Mtg secured by note. MERS mtg gives rights to lender to collect, etc. Mers not entitled to payment, accelerate, etc. under mortgage. -Distinguish Taylor, Mers is not repository for note and instruments. Aziz, 2nd DCA MERS has no standing.MERS began assigning mtg and note. Does MERS have right to assign note when had no right to collect payment? Assignor can only assign those rights he has. UCC code upon which Taylor relied, must be a holder of instrument to assign right. MEDIATION -Lender seeks performance. BANKRUPTCY FS 222 Florida exemptions $4,000/person plus $1,000 exemption if not claiming homestead. FRAUD FraudDigest.com Foreclosurefraud.com Foreclosurehamlet.com Sheryl Sammons/Linda Green/Tywanna Thomas/Jessica Ohde ees of DocX, subsidiary of Lender Processing Services in Alpharetta, GA. They hire the attys to foreclose. Website says provide missing document services for foreclosures. Jeffrey Stephan, Bryan Bly, Scott Anderson, Herman John Kennerty, Erica JohnsonSeck, Christina Trowbridge, Whitney Cook, In re Mitchell (MERS) MERSINC website Prior to March 09 assignment, not valid. None signed by people appointed by board. Assignment must be before lis pendens filed. Fraud: Signing as grantor when working for grantee. The taker cannot sign as if it is the giver. Cant give something you dont own. Cant give after filed for bankuruptcy, or taken over by FDIC. Cant give retroactively.

RMBS Pooling and Servicing Agreement contains specific language about mortgages and notes safekeeping.. Mortgage, note, assignment, titile ins. Trusts have closing dates. Mortgage Assignment is the proof that ownership has benn transferred. Closing date of trust precedes assignment (BIG CLUE). Pooling & Servicing Agreement Other mtg docs: Lost note affidavits Affidavits Endorsements Proof of publication affidavits Reasonable atty fee affidavits RMBS Definitions of PSA will have closing date. SEC name of trust Pooling and Servicing Agreement will pull up PSA SEC should also have on file. MERS servicer ID type in MERS number. FNMA loan lookup. Google names of signers on Assignments You werent orig lender, no assignment, Kontos v. Am home servicing decided August 10 Atty Gen press release stating 4 firms investigates for supplying fraudulent documents to accomplish foreclosures. False endorsements on Notes. (View original on file to see no endorsement). 1. Make them produce docs 2. Lay groundwork to get them defeated. When filing Motion to Quash bc lack of service, cannot file any other docs bc will waive issue of bad service. At same time of filing Motion to Dismiss, send Interrogatories, Request to Produce, and set Plaintiffs depo.