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Case 9:10-cv-80240-KAM Document 1-1 Entered on FLSD Docket 02/12/2010 Page 2 of 85
These state law claims constitute the foundation, in turn, for Plaintiffsfederal claims in that all arise out
a common nucleus
related facts and formpart
the same case or controversy under Article III
the United StatesConstitution.
execution, handling, and crediting
inextricably intertwined with questions
payment and consumercredit and hence, all questions
legal and equitable claims to right, tile, andinterest in the property, subject
this lawsuit and equitable action.
pnmaryDefendant because that
the bank claiming interest in Plaintiffsproperty, despite having submitted claims in U.S Bankruptcy
whichdefinitively show that
neither in privitywith Plaintiff Kathy Ann Garcia-Lawson on any contract (because
the holder in due course
the note which the Plaintiffsigned, and that this lack
privity and transfer
apparent from the
the documents submitted in Bankruptcy
the note in blank and without recourse (See Exhibit A).
endorsement indicates that Defendant
MORTGAGE,INC., has "cashed" or fully negotiated the Plaintiffs note.
Mortgage, and or
BANK, have (since accepting thenote from Plaintiff on or about May 23, 2003) transferred the Plaintiffs note andbeen paid for that Note in full.
holder in due course
the note, attached herein
couldliterally be anyone in the world
for the endorsing party SUNTRUST,pursuant to Florida common and statutory law, to wit Florida Statutes Chapter
("Uniform Commercial Code: Negotiable Instruments):
MORTGAGE, INC.,SUNTRUST BANK, INC.,