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    Affidavit Summary Judgment

    Uploaded by

    Adrian Reyes
    This document is an affidavit filed in opposition to a motion for summary judgment in a foreclosure case. The affidavit alleges 12 points in opposition, including that the plaintiff's affidavit of amount due is incorrect, the defendant did not receive proper notice of acceleration, the plaintiff filing the foreclosure is not the entity owed the note/mortgage, and the plaintiff failed to engage in required loss mitigation efforts. The affidavit was sworn before a notary and served on the plaintiff.

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    Affidavit Summary Judgment

    Uploaded by

    Adrian Reyes
    372 views2 pages
    This document is an affidavit filed in opposition to a motion for summary judgment in a foreclosure case. The affidavit alleges 12 points in opposition, including that the plaintiff's affidavit of amount due is incorrect, the defendant did not receive proper notice of acceleration, the plaintiff filing the foreclosure is not the entity owed the note/mortgage, and the plaintiff failed to engage in required loss mitigation efforts. The affidavit was sworn before a notary and served on the plaintiff.

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    Affidavit Summary Judgment[1]

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    This document is an affidavit filed in opposition to a motion for summary judgment in a foreclosure case. The affidavit alleges 12 points in opposition, including that the plaintiff's affidavit of amount due is incorrect, the defendant did not receive proper notice of acceleration, the plaintiff filing the foreclosure is not the entity owed the note/mortgage, and the plaintiff failed to engage in required loss mitigation efforts. The affidavit was sworn before a notary and served on the plaintiff.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    372 views2 pages

    Affidavit Summary Judgment

    Uploaded by

    Adrian Reyes
    This document is an affidavit filed in opposition to a motion for summary judgment in a foreclosure case. The affidavit alleges 12 points in opposition, including that the plaintiff's affidavit of amount due is incorrect, the defendant did not receive proper notice of acceleration, the plaintiff filing the foreclosure is not the entity owed the note/mortgage, and the plaintiff failed to engage in required loss mitigation efforts. The affidavit was sworn before a notary and served on the plaintiff.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    IN THE CIRCUIT COURT OF THE 11TH

    JUDICIAL CIRCUIT IN AND FOR


    MIAMI DADE COUNTY, FLORIDA

    __________________________________ GENERAL JURISDICTION DIV.


    FL BAR NO.: 0253049
    Plaintiff(s) Case No.: ______________

    vs.

    _________________________________

    Defendant(s)
    _____________________________________/

    AFFIDAVIT IN OPPOSITION OF MOTION FOR SUMMARY JUDGMENT

    STATE OF FLORIDA
    COUNTY OF MIAMI DADE

    BEFORE ME, the undersigned authority personally appeared _______________,


    the Defendant(s) who after first being duly advised of the penalties of perjury and after
    taking an oath or an affirmation depose(s) and says:

    1. He/She is the Defendant(s) in the herein case.


    2. The Plaintiff’s affidavit of the amount due is incorrect in that it does not take into
    consideration two (2) late payments made by the Defendant(s) and late payment
    charges after acceleration that should not be added into the total amount.
    3. The Defendant(s) has not received a notice of acceleration and right to reinstate.
    4. That the entity filing the Complaint for foreclosure is not the entity to whom the
    Defendant owes the note and mortgage for which I (we) are sued on.
    5. That the Plaintiff has failed to engage in loss mitigation with the Defendant.
    6. That the Plaintiff has failed to facilitate HUD mandated standards of residential
    single family servicing protocols applicable to the subject note and mortgage.
    7. That at the Plaintiff and charged attorney fees, legal fees, foreclosure fees,
    advances, and other fees and charges that are not authorized by or in conformity
    with the terms of the subject note and mortgage.
    8. Plaintiff did not provide the homeowner within 45 days of home loan payment
    default, notice about access and availability of homeownership counseling to
    defaulting homeowners as required by the National Housing Act.
    9. Plaintiff did not provide the Defendant with access to pre foreclosure relief under
    certain pre foreclosure relief under the Pooling and Servicing Agreement.
    10. Plaintiff, by and through its authorized agents and or representatives, made false
    and fraudulent misrepresentations to the Defendant(s) as to forbearances and
    modifications of the herein loan.
    11. That the herein loan was obtained by the Plaintiff and or it’s representative by
    advertisements which were misleading and fraudulent and intended under false
    pretenses.
    12. The herein loan was at the same a high cost home loan and contained prepayment
    penalty which is in violation of Fl Statute Section 494.00791.

    SWORN OR AFFIRMEND before me an officer qualified to take oath or


    Affirmation by _____________________, presented a Florida Driver’s License as
    identification this ____ day of ______________, 2008.

    _______________________________ _______________________________
    Affiant NOTARY PUBLIC STATE OF FL.
    Name: Name:
    My commission expires:

    CERTIFICATE OF SERVICE
    I HERBY CERTIFY that a true and correct copy of the Affidavit in Opposition of the
    Summary Judgment attached hereto has been furnished via US Mail to: _____________
    ______________________________________ this ___ day of _______, 2008.

    DAVID M. SOSTCHIN, P.A.


    Attorney for Defendant
    419 West 49th Street #210
    Hialeah, Florida 33012
    Telephone No.: 305-819-2118
    Facsimile No.: 305-819-4991

    ________________________________
    David M. Sostchin, Esq.

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