JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4160020 OR BOOK 3836 PAGE 2798, Recorded 02/15/2016 at 05:10 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL
CIRCUIT OF FLORIDA IN AND FOR SAINT LUCIE COUNTY,
GENERAL JURISDICTION BIVISI a
E mow 0 — ~~ 2 6
S{BANK, NATION: ( sheocunms '
=)
TRUSTEE rop)
"HE HOLDERS OF C§FB 2005-6, a,
Cc —
s.
DIM: _ a)
MATEDIMANT; BRIDGETFDI
Defendant(s).
etal,
/
JUDGMENT GRANTING DEFENDANT’S MOTION FOR INVOLUNTARY DISMISSAL AND.
ORDER DISMISSING CASE
IN came before the Court for
that they werdyeady for Th
and Bridgett Dimant, his wife, payable to the alleged Lender, America’s Wholesale Lender,
‘which is stated to be a New York Corporation. The Mortgage states that: “the Note states that
Borrower owes Lender $391,900.00.
2. e Noteisin the amount OF
(oan fale Vander”.
| ‘The Court finds tHat:
\e oe (der /a New York Corporation, and the alleged “Lender”,
= ffically named i Kortgag! did not filets action, afbnotappeera, Trial,
and did not assign any of the interest in the mortgage.
b. America’s Wholesale Lender, stated to be a New York Corporation, the alleged
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St. Lucie County File Date: 02/15/2016
‘St. Lucie County File Date: 02/15/2016OR BOOK 3836 PAGE 2799
Lender in this case, was not licensed as a mortgage lender in Florida in the year
@ wep i not have
llorida Statute 607.1506.
alleged
REGISTRATION SYSTEMS, INC FOR AMERICA’S WHOLESALE LENDER,
which purported to transfer interest in this mortgage and note to U.S. Bank,
National Association, as trustee for the Holder of CSFB ARMT 2005-6A on June
~~ arr alleged New
purported assignment was without authority, and, therefore invalid.
e. The alleged undated blank indorsement by COUNTRYWIDE HOME LOANS,
INC. DOING BUSINESS AS AMERICA’S WHOLESALE LENDER is a direct
~ vidlatjon of Piorida Statiite 677.5 CoE ‘that th docfiment
( Qehy footjdted by the oes \d deliver
| £ plaints profided no evidence that me Loans ceived the
Ww - ps fmpyish a of the loat i
675.2011. In addition; there is no meme fence provided by Plaintiff of the relationship
between America’s Wholesale Lender, Countrywide Home Loans, d/b/a America
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St. Lucie County File Date: 02/15/2016
‘St. Lucie County File Date: 02/15/2016OR BOOK 3836 PAGE 2800
Wholesale Lender, Countrywide Home Loans Inc., Countrywide Bank, N.A. or
of Amesica, N.A-
| br
bs
and
\ ae
“eee
INC.’s DBA AMERICA’S WHOLESALE LENDER after February, 14, 2002
g The notice of default required by paragraph 22 of the mortgage and a condition
precedent to the filing of a foreclosure lawsuit, provided by Plaintiff at trial contains
- ress that'ts —_ ‘address, and
4 s 0 wf oF i
KO conffadjed xt an
——prééedent to the
4. Based upon the foregoing, the Plaintiff, U.S. BANK, NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE HOLDERS OF CSFB ARMT 2005-64, has no standing to bring
this action and has also failed to meet all conditions precedent to bringing this action. The
_case 1S dijmisse
5. The Defin
appropriately file
Sess
of February, 2016.
Circuit Court Judge
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St. Lucie County File Date: 02/15/2016
‘St. Lucie County File Date: 02/15/2016OR BOOK 3836 PAGE 2801
ar Conformed Copies to:
jocd Raton, FL 33487
W3Cott Brown, Esquire,
aie it Sa \ S)
sberts6n, Ansechutz & ScfineigP.L.
Ly
VY) LS
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St. Lucie County File Date: 02/15/2016