IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR

MIAMI DADE COUNTY, FLORIDA

__________________________________ GENERAL JURISDICTION DIV.

FL BAR NO.: 0253049
Plaintiff(s) Case No.: ______________

vs.

_________________________________

Defendant(s)
_____________________________________/

AFFIDAVIT IN OPPOSITION OF MOTION FOR SUMMARY JUDGMENT

STATE OF FLORIDA
COUNTY OF MIAMI DADE

BEFORE ME, the undersigned authority personally appeared _______________,

the Defendant(s) who after first being duly advised of the penalties of perjury and after
taking an oath or an affirmation depose(s) and says:

1. He/She is the Defendant(s) in the herein case.

2. The Plaintiff’s affidavit of the amount due is incorrect in that it does not take into
consideration two (2) late payments made by the Defendant(s) and late payment
charges after acceleration that should not be added into the total amount.
3. The Defendant(s) has not received a notice of acceleration and right to reinstate.
4. That the entity filing the Complaint for foreclosure is not the entity to whom the
Defendant owes the note and mortgage for which I (we) are sued on.
5. That the Plaintiff has failed to engage in loss mitigation with the Defendant.
6. That the Plaintiff has failed to facilitate HUD mandated standards of residential
single family servicing protocols applicable to the subject note and mortgage.
7. That at the Plaintiff and charged attorney fees, legal fees, foreclosure fees,
advances, and other fees and charges that are not authorized by or in conformity
with the terms of the subject note and mortgage.
8. Plaintiff did not provide the homeowner within 45 days of home loan payment
default, notice about access and availability of homeownership counseling to
defaulting homeowners as required by the National Housing Act.
9. Plaintiff did not provide the Defendant with access to pre foreclosure relief under
certain pre foreclosure relief under the Pooling and Servicing Agreement.
 10. Plaintiff, by and through its authorized agents and or representatives, made false
and fraudulent misrepresentations to the Defendant(s) as to forbearances and
modifications of the herein loan.
11. That the herein loan was obtained by the Plaintiff and or it’s representative by
advertisements which were misleading and fraudulent and intended under false
pretenses.
12. The herein loan was at the same a high cost home loan and contained prepayment
penalty which is in violation of Fl Statute Section 494.00791.

SWORN OR AFFIRMEND before me an officer qualified to take oath or

Affirmation by _____________________, presented a Florida Driver’s License as
identification this ____ day of ______________, 2008.

_______________________________ _______________________________
Affiant NOTARY PUBLIC STATE OF FL.
Name: Name:
My commission expires:

CERTIFICATE OF SERVICE
I HERBY CERTIFY that a true and correct copy of the Affidavit in Opposition of the
Summary Judgment attached hereto has been furnished via US Mail to: _____________
______________________________________ this ___ day of _______, 2008.

DAVID M. SOSTCHIN, P.A.

Attorney for Defendant
419 West 49th Street #210
Hialeah, Florida 33012
Telephone No.: 305-819-2118
Facsimile No.: 305-819-4991

________________________________
David M. Sostchin, Esq.