Florida Foreclosure Attornyes PLLC filed a nine page motion to strike my affirmative defenses to a Deutche Bank as Trustee foreclosure. As they did not allege that they held the note in their complaint, the copy of the note attached to the complaint bore no endorsements from the original holder, Argent, and as there was no allegation of an assignment of mortgage ever being executed, I defended on standing and privaty. At this morning’s hearing their attorney whipped out a copy of Castillo v Deutche Bank for the proposition that the borrower did not have standing to question the trustee’s authority. The judge ruled that I did have standing to question whether Plaintiff was the holder though. Motion to strike denied.
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