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The following rules along with the banks inability to provide a filing of A pool ing ans service agreement

(S.E.C.fraud) is how to fight a foreclosure Its easy when the bank submits fraudelent notes and documents file a complaint with Florida bar on attorneys who testify to FRAUD. a complaint with the O.C.C against the bank that pays them to do it. a complaint with the Attorney generals office on the attorneys and the judge tha t lets them cheat. and maybe the A.C.L.U. will look into it. The 2012 Florida Statutes Title VII EVIDENCE Chapter 90 EVIDENCE CODE 90.953 Admissibility of duplicates.A duplicate is admissible to the same extent as an original, unless: (1) The document or writing is a negotiable instrument as defined in s. 673.1041, a security as defined in s. 678.1021, or any other writing that evidences a righ t to the payment of money, is not itself a security agreement or lease, and is o f a type that is transferred by delivery in the ordinary course of business with any necessary endorsement or assignment. (2) A genuine question is raised about the authenticity of the original or any oth er document or writing. (3) It is unfair, under the circumstance, to admit the duplicate in lieu of the or iginal. History.s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s . 57, ch. 92-82; s. 29, ch. 99-2 FLORIDA RULE OF CIVIL PROCEDURE 1.110 b. The reasons provided by the Florida Supreme Court in February 2010 for instituti ng the amendment to Rule of Procedure 1.110(b) were as follows: The primary purposes of this amendment are (1) to provide incentive for the plai ntiff to appropriately investigate and verify its ownership of the note or right to enforce the note and ensure that the allegations in the complaint are accura te; (2) to conserve judicial resources that are currently being wasted on inappr opriately pleaded lost note counts and inconsistent allegations; (3) to prevent th e wasting of judicial resources and harm to defendants resulting from suits brou ght by plaintiffs not entitled to enforce the note; and (4) To give trial courts greater authority to sanction plaintiffs who make fals e allegations. Florida Rule of Civil Procedure 1.110(b) sets forth the requirements for verifi cation of foreclosure complaints and in pertinent part states: When filing an act ion for foreclosure of a mortgage on residential real property the complaint sha ll be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement: Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.' Under the plain language of the rule, the document filed shall include and oath or affirmation means that the oath or affirmation will be included in the documen t itself and not in a separate document. RULE 1.140. DEFENSES (b) How Presented. Every defense in law or fact to a claim for relief in a pleading shall be asserted in the responsive pleading, if one is required, but the following defenses may be made by motion at the option of the pleader:

(6) failure to state a cause of action. A motion making any of these defenses shall be made before pleading if a furthe r pleading is permitted. The grounds on which any of the enumerated defenses are based and the substantial matters of law intended to be argued shall be stated specifically and with particularity in the responsive pleading or motion. (e) Motion for More Definite Statement. If a pleading to which a responsive ple ading is permitted is so vague or ambiguous that a party cannot reasonably be re quired to frame a responsive pleading ,that party may move for a more definite s tatement before interposing a responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within 10 days a fter notice of the order or such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it de ems just. (f) Motion to Strike. A party may move to strike or the court may strike redunda nt, immaterial, impertinent, or scandalous matter from any pleading at any time Committee Notes 1972 Amendment. Subdivision (a) is amended to eliminate the un necessary statement of the return date when service is made by publication, and to accommodate the change proposed in rule 1.100(a) making a reply mandatory und er certain circumstances. Motions to strike under subdivision (f) are divided in to 2 categories, so subdivision (a) is also amended to accommodate this change b y eliminating motions to strike under the new subdivision (f) as motions that to ll the running of time. A motion to strike an insufficient legal defense will no w be available under subdivision (b) and continue to toll the time for responsiv e pleading. Subdivision (b) is amended to include the defense of failure to a su fficient legal defense. The proper method of attack for failure to state a legal defense remains a motion to strike. Subdivision (f) is changed to accommodate t he 2 types of motions to strike. The motion to strike an insufficient legal defe nse is now in subdivision (b). The motion to strike under subdivision (f) does n ot toll the time for responsive pleading and can be made at any time, RULE 1.130. ATTACHING COPY OF CAUSE OF ACTION AND EXHIBITS (a) Instruments Attached. All bonds, notes, bills of exchange, contracts, accoun ts, or documents upon which action may be brought or defense made, or a copy the reof or a copy of the portions thereof material to the pleadings, shall be incor porated in or attached to the pleading. No papers shall be unnecessarily annexed as exhibits. The pleadings shall contain no unnecessary recitals of deeds, docu ments, contracts, or other instruments. (b) Part for All Purposes. Any exhibit attached to a pleading shall be considere d a part thereof for all purposes. Statements in a pleading may be adopted by re ference in a different part of the same pleading, in another pleading, or in any motion. RULE 1.210(a) Only the real party in interest has standing to bring suit