dence to dispute them.
” C. Ehrhardt, Florida Evidence §90.803(18) (2013 Edition) (emphasis added).In the instant case, on or about May 2, 2011, Plaintiff properly filed a First Amended Complaint for Foreclosure (hereinafter “Amended Complaint”) (a copy of the note attached to the Amended Complaint is attached herein as Exhibit A). Attached to the Amended Complaint is a copy of a note bearing one indorsement, in blank. Paragraph four therein states “[c]opies of the original note and mortgage are attached hereto and incorporated herein…” The note attached to the Plaintiff’s Notice of Filing Trial Exhibits, filed on January 30, 2014, the day before trial
,listed as a “Copy of Original Promissory Note” is the same as the one attached to the Amended Complaint.
(See Plaintiff’s Notice of Filing Trial Exhibits, without attachments, attached as Exhibit B).However, when reviewing these alleged “copies of the original note” provided by Plaintiff both in the Amended Complaint and in the Notice of Filing Trial Exhibits, it is evident that these copies are materially different than the original. The original note, filed on May 29, 2009, almost two full years
the Amended Complaint was filed, has two indorsements. (Copy of a certified copy of the original note contained in the Court’s file is attached as Exhibit C). One indorsement is apparently signed by Amanda Alvarez, Closing Manager of First Magnus Financial Corporation, the original lender, indorsing the note to Residential Funding Company, LLC. The second indorsement is apparently signed by Judy Faber, Vice President of Residential Funding Company, LLC, indorsing the note to Deutsche Bank Trust Company Americas as Trustee. However, both the copy of the note attached to the Amended Complaint filed on May 2, 2011, which again is
the original note was filed with the court, and the copy of the “original
The trial order required exhibits to be made available to opposing counsel on 1/10/2014. Defendant requested copies on 1/13/2014 via a filing and serving a Notice of Request to Make Trial Exhibits Available.
There was no note at all attached to the original complaint.