Effective date of assignment? No requirement for date; take depo to discover date.

How can you tell if mortgage securitized? By plaintiff as trustee, or in interrogatories ask if bought back from MBS. Rule 1.30 Can use Interrogatories in trial. Under TILA, mortgage broker fee is included as cost of loan. HUD statement can be introduced without closing agent if referred to in Interrogatory responses or in Request to Produce. Run google search on MERS MIN number to see who owns mortgage. CIK space search will take you to EDGAR search of SEC website. Type in name of trust. AK form has section (article II) describes how note and mortgage placed into trust. Note and mortgage must be signed off and identified by cutoff date and in trust by closing date. Since transaction not placed into trust timely, trust has no standing to bring action. If trust got docs after closing, they are no longer passive taxed at 0%, but is an investment vehicle taxed at 100%. Can inform IRS and get payment for tip to collect tax. Under Request for Admissions, ask if document is a genuine copy. Do not ask it truthful and accurate. Can be used to avoid calling records custodian by admitting genuiness of documents. Motion for Relief from Untimely Response to Discovery. State that admission deemed admitted is in dispute. Request for Judicial Notice. Take judicial notice of websites, etc. Useful if client does not have money for experts. If HOEPA loan, must provide disclosures. If t-bill trigger, or mortgage broker, must provide disclosures. See Martinecs Request for Judicial Notice.

APRwin at comptroller site calculates APR. Take judicial notice of APR program and calculations. Will not have to hire economist to state APR or calculations if formula for calculations was judicially noticed. HP 12C Financial Calculator 90.201 Judicial Notice statute. Out of state depos duces tecum (see Robert Abraham case). Object to motion for telephone deposition. Argue that must question regarding documents submitted to Request to Produce. Impossible to determine if deponent reviewing the same documents over telephone. Costly and expensive. Cannot get judgment on unknown person. Costs for depos, costs for attending, costs for motion. Ex-parte motion to compel under the local rule. See attached Motion to Compel Ex-Parte. Failure to appear, move for sanctions and contempt without making effort to resolve. See enclosed Order. For sanctions, get an order to pay, instead of Judgment. Can be held in contempt if dont pay. Rule 1.330. Using non-party depo at trial. 4th DCA website posted case. Vacate judgment bc no standing bc robo-signer. Mers website may show different owner of note and mortgage than plaintiff. Different than robo signers affidavit. Run MERS MIN number. 1.540 motion to take robo signer depo. Present affidavit from client that he doesnt owe money to plaintiff. Depos. Can object to form or privilege. 10 days to file objection to sale. Attack service of process or robosigner. Request to court to take judicial notice of SEC website as agency of federal government.

If original mortgage and note, challenge endorsement and not signed by person with authority, no consideration, Allonge with endorsement in blank. UCC, only authorized to use allonge if run out of space on note to endorse. Endorsement by shipping agent? Challenge validity of authority of signer. Discovery objections must be heard before summary judgment can be heard. Alejandre v. Deutsche Bank SJ reversed if Affirmative Defenses not denied. Frost v. ___________, 15So3d905 Notice must be given. Velletri v. Dixon 2DCA Denied loan bc usurious when add origination fee to loan; greater than 25%. Fraud eliminates contracts. Promissory note is an installment contract. Without acceleration, payments are not due until future date. At trial, must introduce acceleration note, otherwise must due every month for missed monthly payment; or, after 30 years, wait to sue on all missed payments. At time of trial, payments not due yet. Must have acceleration letter. If automatic acceleration clause, must sue within 5 years, or statute of limitations runs. Lender must properly exercise his option to accellerat, or future payments are not due yet. Paragraph 22. Written notice, date of default, default occurred, 30 days to pay, or at his option, lender can accelerate. Must meet all conditions precedent. If doesnt give 30 days to pay, not proper acceleration. Must read paragraph 22. Move for involuntary dismissal, notice does not comply with mortgagae. Records custodian can introduce records. If robosigner, attack unless the source of information shows lack of trustworthiness. Affiant or records themselves not trustworthy because routinely signed w/o examing them. Witness and/or underlying documents not trustworthy. Original note and copy of mortgage must be introduced. Must attack mortgage assignment to preserve attack at trial. Raise issue in pleadings and preserve issue in Pre-Trial Statement. Untrustworthy Hearsay

Best evidence Summary If docs untrustworthy, they can bring the individual that received monthly payment to testify which monthly payments were made. (They filed the lawsuit, they hired and condoned practices of robosigner, they bear the burden of properly introducing records regardless of how burdensome.) Cross examination Use interrogatories and deposition to cross and impeach. Involuntary Dismissal No notice of acceleration Not introduced original note and copy of mortgage Etc. 10 days to SERVE motion for rehearing. If untimely served motion for rehearing, 30 days to appeal begins running after trial, not motion for rehearing. Denial of SJ nonfinal. Can rehear at any time.(non-final). Cannot rehear final order beyond 10 days. Motion for atty fees must be filed within 30 days after event. If not, you lose. Motion and affidavit attached. Objection to Sale must be done w/in 10 days from sale, not before. HOEMP (Making Home Affordable) application can prevent sale. Show up with all documents at sale. Mortgage and note usually address atty fees. Contract defines costs. Can argue not seeking atty fees, seeking costs p Entitled to multiplier in NY v. Williams. 979/347. Must bring atty to testify to fees.