IN THE CIRCUIT COURT OF THE 6" JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PINEL COUNTY U.S. Bank, National Association, as Trustee for WAMU Mortgage Pass-Through Certificate for MWALT 2006-AR9 Trust Plaintiff, CASE #: 2009-01487-CI seph Grondin a/k/a Robert J. Grondin, ‘ondin, Wachovia Bank, National Association, City of Madeira Beach, Florida Defendant(s) AFFIDAVIT IN OPPOSITION TO PLAINTIFF MOTION FOR FINAL, ROBERT J. GRONDIN, being duly sworn, deposes and says: 1. On the face of the Complaint, Defendant, Robert J. Grondin, entered into a mortgage with American Mortgage (AMNET), which was a mortgage loan company operating in Florida in 2006. 2. Defendant did not enter into any transaction with Plaintiff. 3. No assignment of the note and mortgage has been pleaded in this case, and no legally proper nment was recorded in Pinellas County, Florida, before this foreclosure proceeding began. 4, Plaintiff, U.S. Bank, National Association, is not the real party in interest with this case, and is not shown to be authorized to bring this foreclosure action,5. Even if the assignment could take effect retroactively, it is not sufficient to plead merely that the loan was “assigned.” See: Jeff-Ray Corp. v. Jacobson, 566 So.2d 885 (Fla 4" DCA 1990); see also, Progressive Express Ins. Co. ¥. McGrath Comm. Chiro. 913 80.24 1281 (Fla 2d DCA 2005). 1 proceeding may “Only those who have standing to be heard in the judi it.” Byron v. Gallagher, 578 So. 2d 715, 717(Fla. 5" DCA 1991). participate i if's motion for final ‘The foregoing issues of fact require this Court to deny Pla Summary Judgment in its entirety. WHEREFORE, Defendant, Robert J. Grondin, respectfully requests that this Court denies Plaintiff's Motion for Final Summary Judgment in its entirety and such other relief that may be appropriate, FURTHER AFFIANT SAYETH NOT. Robert J. Grondin SWORN TO AND SUBSCRIBED, before me the undersigned authority. This day of 2010, by . whom I identify by means of Notary PublieCERTIFICATE OF SERVIC I certify a copy of the foregoing was served upon Meghan Kenefic, Esq., Shapiro & shman, LLP, 10004 N. Dale Mabry Highway, Suite 112, Tampa, Florida, 33618; via first class certified U.S. mail on the day of 2010. Robert J. Grondin