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IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA, GENERAL CIVIL DIVISION

CHASE HOME FINANCE, LLC,


Plaintiff
v. Case No. 52-2008-CA-012751

RICHARD PONCE, et al.,


Defendants
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MOTION FOR SUMMARY JUDGMENT

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

thereof states as follows:

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.

2. That said mortgage explicitly states in paragraph (C) on page 1 of the

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

lien interest to the mortgage appears on page 3, and reads as follows:

“Borrower does here mortgage, grant and convey to MERS.”

4. According to said grant language MERS is the holder of said mortgage.

5. That the mortgage, however, limits or restricts the mortgage conveyance to

MERS by identifying said holder’s interest under the mortgage with the

additional language: “Solely as nominee for Lender.”


6. Said mortgage further limits or restricts the holder’s grant by use of a

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

contain, by incorporation, any other written extrinsic document expanding the

power or authority of MERS beyond that restrictively granted in the mortgage.

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

County, Florida: Document dated November 10th, 2008 between MERS as

assignee and Plaintiff was recorded on November 26, 2008 in O.R. Book 16437,

Page 1053, Public Records of Pinellas County, Florida.

9. That said assignment bears an incomplete blank regarding its effective date.

Said assignment came without any recorded power of attorney or other valid

and recordable authorization or power to act on behalf of the original lender,

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

the res of this action.” (Affidavit of Gregory D. Clark, a copy of which is

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