Defendant Victoria Ponce, by and through her undersigned attorney, files this motion for
summary judgment on the grounds there is no genuine issue of material fact in dispute and
Defendant is entitled to a summary judgment dismissing this case as a matter of law and in support
1. Defendant Victoria Ponce signed the mortgage a copy of which is attached to the
complaint, which mortgage was originally recorded on October 5th 2005 in O.R.
Book 14655, Page 1930, of the Public Records of Pinellas County, Florida.
instrument (in bold print) that “MERS is the mortgagee under this security
agreement”.
3. The grant language which operates as the conveyance of the specific real estate
MERS by identifying said holder’s interest under the mortgage with the
redendum clause that does not grant MERS the power or authority to transfer or
sell the mortgage, nor the power to assign or convey its interest or duties as
“nominee.”
7. The mortgage does not otherwise define the term “nominee” nor does it
8. That since the recording of this mortgage only one purported “assignment of
mortgage” appears in the official record books of the public records of Pinellas
assignee and Plaintiff was recorded on November 26, 2008 in O.R. Book 16437,
9. That said assignment bears an incomplete blank regarding its effective date.
Said assignment came without any recorded power of attorney or other valid
IRWIN.
10. As a result of the above unrefutable facts, there is a Failure of Title “regarding
the ‘ownership’ and ‘holdership’ by Plaintiff of the note and mortgage forming
attached).
WHEREFORE, Victoria Ponce requests this Court to grant this motion and enter a judgment
dismissing this case with prejudice and any other relief to Court deems proper and just.
I HEREBY CERTIFY that a true and correct copy of the foregoing is being furnished by
U.S. mail on March 3, 2010, to Kerry Green, 1800 N.W. 49th St., Suite 120, Fort Lauderdale, FL
33309.
Randall O. Reder
Florida Bar No. 264210
1319 W. Fletcher Ave.
Tampa, FL 33612-3310
phone 813-960-1952
fax 813-265-0940