IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA WELLS FARGO

BANK, N.A., Plaintiff, vs. VALRIE BINNS, ET AL., Defendant(s). / AMENDED OBJECTION TO ISSUANCE OF CERTIFICATE OF TITLE, MOTION TO VACATE DEFAULT, FINAL JUDGMENT AND SALE AND DISMISS CASE FOR FRAUD UPON THE COURT THE DEFENDANTS VALRIE BINNS, et al., (collectively referred to as Mrs. Binns), by and through THE LAW OFFICE OF MARIO R. THEODORE, P.A. (Firm) and under Florida Rules of Civil Procedure 1.540(b)(3) and 1.540(b)(4) requests this Honorable Court to enter an Order vacating the sale of her property held on May 13, 2011, vacating and voiding the order granting default and summary judgment on or about September 27, 2010 and dismiss this matter due to Plaintiffs fraud and misconduct upon this Court. In support of this request, Mrs. Binns states: BACKGROUND Plaintiff retained Florida Default Law Group, P.L. (Florida Default), to act as its legal representative in this matter. On or about May 29, 2009, Plaintiff served Mrs. Binns with its Mortgage Foreclosure Complaint (Complaint) and supporting documents which began the foreclosure process on her homestead. Paragraph four of the Complaint alleges Plaintiff is now the holder of the Mortgage Note and Mortgage and/or is entitled to enforce the Mortgage Note and Mortgage. Plaintiff attached a Mortgage listing the borrowers as Valrie Binns, a married woman and Albert Binns, her CASE NO.: 2009CA019185XXXXMB

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husband. The lender on the Mortgage is listed as Liberty Mortgage of South Florida, LLC.
Plaintiff also attached a copy of a Note, which reveals borrowers promise to pay the lender Liberty Mortgage of South Florida, LLC (Liberty Mortgage of South Florida, LLC). A search of Palm

Beach County Records revealed an Assignment of Mortgage from Liberty Mortgage of South Florida, LLC to Liberty Mortgage of South Florida, Inc, dated September 4, 2003. 1 See Exhibit A attached hereto and made part hereof. Finally, Plaintiff attached an Allonge for the purpose of endorsing the note to its Complaint purportedly making loan number #02-5617 payable to WELLS FARGO HOME MORTGAGE, INC., by LIBERTY MORTGAGE OF SOUTH FLORIDA, LLC, signed by Richard Phillips, President, also signed by Amy Sharp, Vice President, Loan Documentation. See Exhibit B attached hereto and made part hereof. Mrs. Binns executed her mortgage with Liberty Mortgage of South Florida, LLC on September 4, 2003. See Exhibit C attached hereto and made part hereof. That same day Liberty Mortgage of South Florida, LLC assigned the mortgage to Liberty Mortgage of South Florida, Inc. See Exhibit A. Plaintiff did not attach any documentation relating to or verifying any merger or transfer of interest between Wells Fargo Home Mortgage, Inc., to Wells Fargo, N.A. A foreclosure sale was held on or about May 13, 2011 and it appears Plaintiff was the successful bidder on Mrs. Binns home. PLAINTIFF FRAUDULENTLY FILED AN AFFIDAVIT OF LOST ASSIGNMENT OF MORTGAGE IN ATTEMPT TO CREATE STANDING TO BRING SUIT 1. On September 18, 2009 Plaintiff recorded an Affidavit of Lost Assignment of

Mortgage (Affidavit) claiming Affiant made a complete and thorough investigation as to the
1

See Clerk & Comptroller of Palm Beach County website http://oris.co.palm-beach.fl.us/or_web1/details.asp? doc_id=13710879&index=6&file_num=20030724853

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whereabouts of an original unrecorded assignment of mortgage from LIBERTY MORTGAGE OF SOUTH FLORIDA, LLC (Assignor) to WELLS FARGO BANK, NA (Assignee), assigning any and all interest of Assignor to the Assignee in that mortgage made by VALRIE BINNS on 9/4/2003 and recorded in Official Records Book 15839, Page 1550, of the Public Records of Palm Beach County Florida; however, such assignment appears to be lost or otherwise missing.2 Emphasis added. See Exhibit D attached hereto and made part hereof. 2. 3. Plaintiffs Affidavit is fraudulent and disingenuous on at least 2 levels. First, Liberty Mortgage of South Florida, LLC could never have assigned any

interest to Plaintiff because it immediately assigned all interest in the mortgage to Liberty Mortgage of South Florida, Inc. See Exhibit A. 4. Moreover, it appears from the Complaint that any assignment would have been

originally made to Wells Fargo Home Mortgage, Inc., and not Wells Fargo, N.A., as sworn to in the Affidavit. 5. Any assignment from the original lender to Wells Fargo, NA, would have to have

been from Liberty Mortgage of South Florida, Inc. 6. Consequently, Plaintiff has committed fraud upon this Court in an effort to

establish standing to bring this suit. 7. It is black letter law that standing is determined as of the time of filing the

Complaint and if a Plaintiff does not have standing it cannot later acquire it during the pendency of the lawsuit. See Jeff-Ray Corp. v. Jacobson, 566 So.2d 885, 886 (Fla. 4th DCA 1990). 8. Plaintiff had no standing to file and prosecute this Action and this Courts

September 27, 2010 Final Judgment is void ab initio.

See Clerk & Comptroller of Palm Beach County website http://oris.co.palm-beach.fl.us/or_web1/details.asp? doc_id=17645538&index=16&file_num=20090324110

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9.

Moreover, at the commencement of this action and at the hearing on Plaintiffs

Motion for Summary Judgment, Plaintiff knew that it did not have standing to pursue this action or effectuate a foreclosure of Mrs. Binns property and made material misrepresentations in its pleadings and other verified documents in order to convince this Court otherwise, which constitutes fraud upon this Court pursuant to Florida Rule of Civil Procedure 1.540(b)(3) and a violation of this Courts subject matter jurisdiction. WHEREFORE, Valrie Binns requests this Honorable Court to review this motion and evidentiary submissions find Plaintiff had no standing to sue and enter an Order for the following:
A. B. C.

voiding sale; vacating Summary Judgment; voiding Default; dismissing case with prejudice; and any other relief this court deems just and proper under the circumstances.

D. E.

I HEREBY CERTIFY that a copy of this Notice of Change of Address has been furnished to Florida Default Law Group, P.L., P.O. Box 25018, Tampa, Florida 33622-5018 via 1st Class U.S. Mail and facsimile (813) 251-1541 on September 13, 2011. Respectfully submitted,
THE LAW OFFICE OF

MARIO R. THEODORE, P.A. By: __________________________ Mario R. Theodore, Esq. Florida Bar Number 0038195 9900 West Sample Road, Suite 318 Coral Springs, Florida 33065 Tel: (954) 825-0435 Fax: (954) 825-0437

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