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Florida Quiet Title complaint by Kathy Ann Garcia-Lawson (KAGL)

Florida Quiet Title complaint by Kathy Ann Garcia-Lawson (KAGL)

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Published by Bob Hurt
Bob Hurt provides this Florida Quiet Title complaint by Kathy Ann Garcia-Lawson (KAGL) against mortgage fraud and marriage tort. USDC Southern DIstrict of Florida case # 9:10-cv-80240-KAM. This model pleading shows many ways to attack mortgage fraud and divorce tort.
Bob Hurt provides this Florida Quiet Title complaint by Kathy Ann Garcia-Lawson (KAGL) against mortgage fraud and marriage tort. USDC Southern DIstrict of Florida case # 9:10-cv-80240-KAM. This model pleading shows many ways to attack mortgage fraud and divorce tort.

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Published by: Bob Hurt on Apr 16, 2010
Copyright:Attribution Non-commercial

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05/08/2014

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1 of 85
Feb. 12, 2010
10-CV-80240-Marra/Johnson
Case 9:10-cv-80240-KAM Document 1-1 Entered on FLSD Docket 02/12/2010 Page 1 of 85
ILED
by
OTS
D.C.
ELECTRONIC
STEVEN M.
LARIMORE
CLERK
U.S. orST. CT.S.
O.
OF
FLA.'
MIAMI
UNITED
STATES
DISTRICT
COURTSOUTHERN
DISTRICT
OF
FLORIDA---PALM BEACH
Kathy Ann Garcia-Lawson,Plaintiff,
v.
Case No.
§§§§§§§§§
-------
SUNTRUST MORTGAGE,
INC.,
SUNTRUST
BANK, INC., andJeffrey P. Lawson,And all
JOHN
&
JANE
DOES
1-50Defendants.
§
§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§TRIAL-by-JURY
DEMANDED
underRules 38-39,
FRCP
and
The
7
th
Amendment
COMPLAINT
FOR
QUIET
TITLE
AND
BREACH
OF
CONTRACT
1.
Comes now the Plaintiff Kathy Ann Garcia-Lawson, with this her OriginalComplaint
For
Quiet
Title, complaining for declaratory judgment in respect
of
the same, and
demanding
damages arising from fraudulent conveyance andslander
of
title to inflicted
by
SUNTRUST
MORTGAGE,
INC.,
SUNTRUST
BANK,
INC.,
Jeffrey P. Lawson, and John
&
Jane Does 1-50 all relating to thePlaintiffs Homestead real estate located at the above-noted address at 2620Nature's Way,
Palm
Beach Gardens, Palm Beach County, Florida 33410.
2.
Jurisdiction
is
conferred upon this court pursuant to
28
U.S.C.
§
1331
inthat the claims alleged therein arise under the laws
of
the United States.
3.
This
court has supplemental jurisdiction
pursuant
to
28
U.S.C.
§
1367
to
hear and determine Plaintiffs state law claims, including but not limited todetermination
of
status
as
holder in due course
under
Florida Statutes§§673.0021-673.0081, §§673.l011-673.l091, and §§673.2021-673.2091, on the onehand, and equitable action for quiet title in Chancery
Court
pursuant to FloridaStatutes §§65.011-65.061.
Kathy
Ann
Garcia-Lawson
v.
SUNTRUST
MORTGAGE, INC.,SUNTRUST BANK, INC.,
and
Jeffrey
P.
Lawson,
FEBRUARY
12,2010
1
 
2 of 85
Case 9:10-cv-80240-KAM Document 1-1 Entered on FLSD Docket 02/12/2010 Page 2 of 85
4.
These state law claims constitute the foundation, in turn, for Plaintiffsfederal claims in that all arise out
of
a common nucleus
of
related facts and formpart
of
the same case or controversy under Article III
of
the United StatesConstitution.
The
execution, handling, and crediting
of
these negotiableinstruments
is
inextricably intertwined with questions
of
payment and consumercredit and hence, all questions
of
legal and equitable claims to right, tile, andinterest in the property, subject
of
this lawsuit and equitable action.
5.
Defendant
SUNTRUST
MORTGAGE, INC.,
is
named
as
pnmaryDefendant because that
is
the name
of
the bank claiming interest in Plaintiffsproperty, despite having submitted claims in U.S Bankruptcy
Court
whichdefinitively show that
SUNTRUST
MORTGAGE,
INC.
is
neither in privitywith Plaintiff Kathy Ann Garcia-Lawson on any contract (because
of
assignment)and
is
plainly
NOT
the holder in due course
of
the note which the Plaintiffsigned, and that this lack
of
privity and transfer
of
interest
is
apparent from the
face
of
the documents submitted in Bankruptcy
Court
because
SUNTRUST
Mortgage
ENDORSED
the note in blank and without recourse (See Exhibit A).
6.
This
endorsement indicates that Defendant
SUNTRUST
MORTGAGE,INC., has "cashed" or fully negotiated the Plaintiffs note.
In
other words,
SUNTRUST
Mortgage, and or
SUNTRUST
BANK, have (since accepting thenote from Plaintiff on or about May 23, 2003) transferred the Plaintiffs note andbeen paid for that Note in full.
7.
The
holder in due course
of
the note, attached herein
as
Exhibit
A,
couldliterally be anyone in the world
EXCEPT
for the endorsing party SUNTRUST,pursuant to Florida common and statutory law, to wit Florida Statutes Chapter
673
("Uniform Commercial Code: Negotiable Instruments):
Kathy
Ann
Garcia-Lawson
v.
SUNTRUST
MORTGAGE, INC.,SUNTRUST BANK, INC.,
and
Jeffrey
P.
Lawson,
FEBRUARY
12,2010
2
 
3 of 85
Case 9:10-cv-80240-KAM Document 1-1 Entered on FLSD Docket 02/12/2010 Page 3 of 85
§
673.1091. Payable to bearer or
to
order
(1)
A promise or order
is
"payable to bearer" ifit:
(a)
States that it
is
payable to bearer
or
to the order
of
bearer orotherwise indicates that the person in possession
of
the promise ororder
is
entitled to payment;
(b)
Does not state a payee; or
(c)
States that it
is
payable to or to the order
of
cash or otherwiseindicates that it
is
not payable
to
an identified person.
8.
If
any debt
is
owing to any party, despite the lack
of
mutuality
III
consideration, with
NO
consideration whatsoever identified in the mortgagecontract (Exhibit
B)
as
flowing from
SUNTRUST
MORTGAGE, INC.,
to
thePlaintiff, that debt
is
owing
NOT
to
SUNTRUST
MORTGAGE, INC., or
SUNTRUST
BANK, INC., but
to
the true holder
in
due course
of
Plaintiffsnote, identified
in
this Original Complaint only
as
one
of
up
to fifty "John or Jane
D"
es.
9.
SUNTRUST
MORTGAGE, INC., identifies "lender's address" listed
as
901
Semmes Avenue, Richmond, Virginia 23224 on the May 23,
2003
Mortgagecontract, and further identifies itself
as
a "Virginia Corporation" on the May
23,2003
Promissory Note signed
by
Plaintiff Kathy Ann Garcia -Lawson and herhusband Jeffrey P. Lawson.
This
note
is
the primary focus and subject
of
thislawsuit.
SUNTRUST
MORTGAGE, INC., operates in a number
of
statesthroughout the United States organized into different groups.
SUNTRUST
MORTGAGE,
INC.,
appears, however, to be a subsidiary
of
and otherwiseaffiliated with
SUNTRUST
BANKS, INC., incorporated in the State
of
Georgiawith its Principal Place
of
Business at
303
Peachtree Street,
NE,
Suite 3600, inAtlanta, Georgia30308.See http://media.corporate-ir.net/media files/iro1!82/82273/STI Articles
of
Incorporation09.pdf andhttps://www.suntrust.com/portal!server.pt/communitylcorporate_governance/144
4.
Kathy
Ann
Garcia-Lawson
v.
SUNTRUST MORTGAGE,
INC,
SUNTRUST BANK,
INC,
and
Jeffrey
P.
Lawson,
FEBRUARY
12,2010
3

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