IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION:

CASE NO: CASE 13-2011 CA 027955 JP MORGAN CHASE BANK, NATIONAL ASSOCIATION Plaintiff, vs. TANNIA LARACUENTE A/K/A TANIA LARACUENTE., ET AL. Defendant(s) _______________________________ / DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT Defendant TANNIA LARACUENTE (herein Defendant) pro se and pursuant to Rule 1.140 and other applicable rules of the Florida Rules of Civil Procedure files this motion to dismiss plaintiff s complaint, and states: 1. Plaintiff herein is identified only in the style of the case as JP MORGAN CHASE BANK, NATIONAL ASSOCIATION However, plaintiff has failed to set forth any allegations in the complaint whatsoever as is required to demonstrate the nature of its existence and whether it

is authorized to bring suit in Florida. If plaintiff is an artificial business entity it must be authorized to do business in this state and post a cost bond pursuant to Florida Statutes, Section 57.011. Plaintiff fails' to set forth any allegations as to the nature of its existence; therefore, the complaint should be dismissed. 2. Allegations of plaintiff s complaint fail to demonstrate that it has standing to bring this action. Plaintiff fails to allege that it owns and holds the note and mortgage attached to the complaint. The note and mortgage attached 'to the complaint are payable to another not plaintiff. The note is endorsed, but plaintiff does not allege it holds this note. Plaintiff makes no allegations regarding ownership of the mortgage, nor has plaintiff alleged any assignment of the mortgage. Therefore, plaintiff has failed to demonstrate that it has any interest in the subject note upon which standing to bring this action may rest. 3. Furthermore, based upon the argument set forth in paragraph two above, there is a fatal conflict between the allegations of the complaint and exhibits attached thereto requiring dismissal. Appel v, Lexington Insurance Co., 29 So. 3d 377 (5th DCA 2010); BAC Funding Consortium Inc. ISAOA/ATlMA v. Jean- Jacques, 28 So. 3d 936 (2nd DCA 2010); Fladell v. Palm Beach County Canvassing Board, 772 So. 2d 1240 (Fla. 2000) 4. The complaint filed by plaintiff violates Rule 1.110(b) of the Florida Rules of Civil Procedure as it is not verified. Therefore, plaintiff's complaint should be dismissed. See In Re: Amendments To The Florida Rules Of Civil Procedure, 2010 WL 2195736 (Fla. 2010.) 5. Plaintiff's complaint fails to state a cause of action. Plaintiff does not allege that it owns or holds the note or mortgage. See Florida Rules of Civil Procedure Form 1.944. 6. Plaintiff's complaint fails to set forth ultimate fact and fails to attach necessary exhibits required to demonstrate that conditions precedent to the bringing of this action were met.

(See Complaint, paragraph 9.) The mortgage attached to the complaint provides that lender may not bring suit until the borrower is provided with written notice of a breach and afforded reasonable time thereafter to take corrective action. (See Mortgage, paragraph 20.) This amounts to a contractual condition precedent to the lender's right of action. Rule 1.130 requires that all documents upon which an action may be brought shall be attached to the complaint. See Frost v. Regions Bank, 15 So. 3d 905 (Fla. 4th DCA 2009). Therefore plaintiff's complaint is defective and should be dismissed. 7. Plaintiff's complaint fails to set forth a cause of action for acceleration of the alleged mortgage debt. The mortgage attached to the complaint requires lender to give borrower written notice prior to acceleration following breach. The written notice must specify (a) the default; (b) the action required to cure the default; (c) a date not less than 30 days from the date the notice is given for borrower to cure the default; and (d) that failure to cure the default in the time specified may result in acceleration of the debt, foreclosure and sale of the property. (See Mortgage, paragraph 22.) This requirement is a contractual condition precedent to acceleration under terms of the mortgage attached to the complaint. Rule 1.130 requires that all documents upon which an action may be brought shall be attached to the complaint. See Frost v. Regions Bank, 15 So. 3d 905 (Fla. 4th DCA 2009). Therefore plaintiff's complaint is defective and should be dismissed. 8. Allegations of plaintiff's complaint fail to demonstrate that plaintiff has met statutory conditions precedent to the filing of this action pursuant to the National Housing Act, 12 U.S.C. 1701x(c)(5). The Act requires all private lenders of any home to advise borrowers, of any home ownership counseling Plaintiff offers together with information about counseling offered by the U.S. Department of Housing and Urban Development. The U.S. Department

of Housing and Urban Development has determined that 12 U.S.C. 1701x(c)(5) creates an affirmative legal duty on the part of the Plaintiff. Plaintiffs non-compliance with the law's requirements makes the filing of this foreclosure premature based on a failure of a statutory condition precedent to foreclosure. 9. There is no business between the Plaintiff and the Defendant and the Plaintiff through their attorney of record are acting as debt collectors for unknown parties not fully stated herein. The Defendant demands full proof thereof that the Plaintiff and the attorney are acting as real parties in interest and require. a. A license from the state of Florida from each of them showing that they are licensed to collect a debt in the state of Florida. b. A written power of attorney from the holder in due and real party in interest giving the parties stated herein the authority to collect on said claim. c. A copy of the attorneys bond and the Plaintiff's bond as required by the state of Florida in case the Defendant is damaged by their actions. d. A Demand for a bond equal to or exceeding the amount of the mortgage to indemnify the Defendant from commercial injury and damages. e. The address of the registered agent for service of process of the holder in due course.

WHEREFORE defendant requests this court to enter its order granting this motion to dismiss for those reasons set forth herein and to grant such further relief deemed proper. CERTIFICATE OF SERVICE

WE HEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail upon RONALD R. WOLFE & ASSOCIATES, P.L. Attorneys for Plaintiff, P.O. BOX 25018 TAMPA, FL 33622-5018. Date: December 12, 2012.

TANNIA LARACUENTE, ET AL. 11161 SW 154TH PLACE MIAMI, FL 33196 By: ___________________________________ _