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Documentary Clearing House and Associates LLC. (DCH) is proud to announce the release of its second legal form for attorneys to be used only in Florida for mortgages that have been converted into securities. To the “Show Me the Original Note!” defense, DCH now proudly adds the “Show Me Your Certificate!” defense.

DCH’s motion argues that, because the securitized mortgages are held by a Special Purpose Vehicle (SPV) and the SPV has failed to register, the mortgage is unenforceable. Unless opposing counsel can produce a certificate of registration which predates the issuance of the certificates, operation of the SPV in Florida is a third class felony. When was the last time you were able to plead plaintiff’s commission of a third degree felony as a defense to foreclosure?

Have we got your attention now?  For $124.99, you can have your own copy of this motion. Please do  not ask me why no attorney in Florida has filed this motion. Why did none of the major financial institutions issuing certificates register the SPV in Florida? I have no idea. It seems very simple and obvious. Sometimes ideas are new and untested as in the case of our Omnibus Motion which is on the cutting edge of emerging law. For purposes of this motion, the enacted, statutory language is plain and unambiguous. This is a “black letter law”, block and chop affirmative defense.

I only regret that I cannot be a fly on the wall to see the reaction of opposing counsel when you serve a copy of this motion.  DCH is currently investigating how to adapt this motion for use in other jurisdictions.

“Show me your certificate Counselor or this lawsuit is over!”