Professional Documents
Culture Documents
Plaintiff,
v. BORROWER’S
MOTION FOR SANCTIONS
NAME OF BORROWER, PURSUANT TO FLA.STAT. sec. 57.105
Defendants.
____________________________________/
[EDITOR’S NOTE. THIS IS GENERALLY NOT FILED WITH THE CLERK BUT
CLAIM BUT ANY PART OF ANY ALLEGATION THAT THE PLAINTIFF KNEW OR
THE PLEADING, AND THE LAW FIRM THAT THE LAWYER FOR PLAINTIFF WORKS
FOR]
pursuant to Fla.Stat. sec. 57.105, decisional law thereunder, and the record facts below,
moves this Court to enter an Order of Sanctions against Plaintiff, and as grounds for
same states:
1
OF LAW FIRM. (hereafter “agent and attorneys”), caused this civil action
and attorneys, affirmatively represent to the Court that “The Plaintiff owns
4. In paragraph “XX” of Count XX, Plaintiff, through its agent and attorneys,
possession of the Note and Mortgage” and “the Plaintiff cannot reasonably
5. In paragraph “XX” of Count XX, Plaintiff, through its agent and attorney
affirmatively represent to the Court that “The Plaintiff will agree to the entry
and hold harmless the Defendant(s), from any loss they [sic] may occur by
2
6. Plaintiff, through its agent and attorneys, thus inconsistently but
affirmatively allege, in Count X, that “Plaintiff owns and holds the Note and
allegations of paragraphs “XX” and “XX” of the Complaint, that the Plaintiff
the Note or the Mortgage and that same is/are, at all times material, in the
7. A copy of the actual Note is not even attached to the Complaint, with the
“XX” of the Complaint, the Plaintiff has admitted its actual knowledge that
it never, at any time material, had possession of either the mortgage or the
the Complaint).
3
10. As a direct and proximate result of the transaction referred to in
paragraph “8” above, the Plaintiff does not and cannot establish legal
institute this action ab initio and the alleged authority of the Plaintiff to
11. Based on the foregoing, the allegation by the Plaintiff in paragraph “X” of
or legal support and are vitiated by the Plaintiff’s own admissions in Count
II of the Complaint, and are thus “frivolous” within the meaning of Fla.Stat.
sec. 57.105.
12. As the primary and threshold issue of legal standing to institute this action
cannot be satisfied by the Plaintiff (which was known to Plaintiff and its
agent and attorneys at the time that this action was instituted), this action
and in fact the filing and prosecution thereof constitutes a fraud upon this
Court.
13. In view of the foregoing, both Plaintiff and its agent and attorneys knew or
should have known, at the time they filed the Complaint in this action, that
the foreclosure claim was legally nonexistent, and that any suit to
impossibility prohibited by law, and further that the filing of any such action
4
14. As such, both Plaintiff and its agent and attorneys knew or should have
known, at the time of the filing of the Complaint in this action, that the
claim for foreclosure was both not supported by the material facts
necessary to establish the claim, and also that the claim would not and
material facts.
written demand, which was both faxed and mailed, to immediately and
forthwith dismiss the instant action with prejudice, provide clear title to the
connection with the alleged “loan” the subject of this action, and to pay all
Fla.Stat. sec. 57.105(4) permitting Plaintiff and its agent and attorneys to
comply with the demands per the attached DATE OF FRIVOLOUS CLAIM
or its agent/attorneys.
17. As such and pursuant to Fla.Stat. sec. 57.105(4), Defendants file the
both the Plaintiff and its above-referenced counsel and the above-
referenced Law Offices for having to defend the instant action; for the
5
Fla.Stat. sec. 57.105(1), and for all other attorneys’ fees and other relief
provided by applicable law, and Fla.Stat. sec. 57.105 and decisional law
thereunder.
CERTIFICATE OF SERVICE
THE UNDERSIGNED HEREBY CERTIFIES that a true and correct copy of the
foregoing has been forwarded, via fax and mail, to NAME OF LAWYER WHO SIGNED
THE PLEADING., Law Offices of NAME OF LAW FIRM, ADDRESS, on this XX rd day
of MONTH, 2008.