Judges in Pinellas County FL Have Begun to Deny Defendant’s Motions To Dismiss Without Hearing – A Stunning Denial of a Homeowner’s Fundamental Rights!
Ex-Parte Orders Denying Motions To Dismiss
THE COURTHOUSE IS CLOSED TO LOCAL HOMEOWNERS WHO PAY TO KEEP IT OPEN!
by Matthew D. Weidner, Esq.
Last week I reported a rumor that judges in Pinellas County were going to begin denying Motions to Dismiss without having a hearing on the matter and accordingly, without fully considering the legal issues and facts contained within the Defendant’s motion. Those rumored orders have begun to surface, with the judges including the following findings in the Orders:
- No evidentiary issues are presented by Motion and the court is thus able to rule w/o hearing.
- Complaint contains all necessary allegations to state a cause of action for foreclosure.
- Court must assume all facts alleged in complaint are true and must confine itself to four corners. Temples v. Fla. Indus. Const, 310 So. 2d 326
- Fact that Plaintiff are not named mortgagee is not basis for dismissal; assignees has same status* as if named in mortgage. Foster v. Foster 703 So. 2d 1107
- Plaintiff has alleged that is is holder of note. Being the holder of negotiable instrument is all that is necessary to have standing & mortgage note is a negotiable instrument per Fla. Stat 673.1041; Mason v. Rubin, 727 So.2d 283.
A fundamental issue raised in many Defense Motions to Dismiss is that the note and mortgage attached to the complaint say that one creditor is owed the money sued upon and thus has the right to collect the money from the borrower, while the form allegations contained within the Plaintiff’s poorly-drafted complaint provide that another party (namely the Plaintiff) has the right to collect the money claimed in the lawsuit. When challenged on these crucial details, the Plaintiffs often commit fatal evidentiary and pleading issues by submitting false affidavits questionable endorsements and bogus assignments of mortgage.
Ironicly, on a side note, you can
right on Pinellas Countys website or by sending an email here firstname.lastname@example.org
“Public Integrity Unit”
Division of Inspector General
400 Cleveland Street, 4th Floor
Clearwater, Florida 33755-4041
*Guess they havent seen how BOGUS some of these assignees can be…