Você está na página 1de 4

IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY MARYLAND

Diane S. Rosenberg, et al Substitute Trustees Plaintiffs, v.

Patrice Lenore Johnson, et al Defendants.

* * * * Case No.: 02C13180024 * * MOTION TO DISMISS * MOTION TO SHOW CAUSE * * HEARING REQUESTED * *

MOTION TO DISMISS OR, IN THE ALTERNATIVE, MOTION TO SHOW CAUSE Comes now Defendant Patrice Lenore Johnson, per Md. Rule 2-322, moves the court to enter an Order Dismissing Plaintiffs case with prejudice for failure to state a claim upon which relief can be granted or pursuant to MD Rule 14-207.1(b)(2) to enter an Order to Show Cause why Plaintiffs Statement of Debt, Affidavit of Note Ownership and Affidavit Pursuant to Md. Real Property Code 7-105.1(D)(II) and rule 14-207 should not be stricken from the record and why Plaintiffs case should not be dismissed with prejudice for failure to state a claim upon which relief can be granted. In support of her Motion Defendant states that: 1. This is a foreclosure case filed on July 16, 2013. 2. The jurisdiction of this court was invoked by the filing of an Order to Docket Suit, exhibits, and affidavits. 3. There are two conditions precedent to the filing of an Order to Docket Suit: a. The instrument creating or giving notice of the existence of the lien has to have been filed for the record; and b. There is a default that lawfully allows a sale. 4. Plaintiffs invoked the jurisdiction of this Court by the filing of the Order to Docket

Suit, exhibits, and affidavits. There are, however, allegations in Plaintiffs Order to Docket Suit, exhibits and affidavits which together prove to be fatal to the instant cause. 5. Specifically, by filing the STATEMENT OF DEBT, which was executed on April 16, 2013 by Lacy Reasons Limited VP of Nationstar Mortgage, LLC as Attorney in Fact for First Horizon Home Loans, Plaintiffs have falsely alleged that a balance is due. 6. This is false because the Certificate of Satisfaction regarding the alleged debt was executed on May 12, 2008 and filed in the land records of Anne Arundel County on June 23, 2008 at Book 20244 Page 0631. It clearly states that the note described in and secured by said trust deed/mortgage has been paid in full and that First Horizon Home Loans does hereby release and discharge the lien thereof. The deed of trust referred to therein, recorded at Book 19761 Page 0497, is the same Deed of Trust that is the subject of this foreclosure action. 7. The only other Deed of record regarding the subject property is a Deed dated February 8 2011, and recorded on March 29, 2011 at Book 23348 Page 165 in the Anne Arundel County Land records. The purpose of this deed was to grant full unencumbered ownership and interest to Patrice Lenore Johnson. 8. Therefore neither First Horizon Home Loans nor Substitute Trustees have met the conditions for filing this Order to Docket Suit because: a. There is no instrument creating or giving notice of the existence of a lien that has been filed for the record; and b. There is no default to lawfully allow a sale because the underlying alleged debt has been satisfied according to First Horizon Home Loans own record.

9. For the foregoing reasons Plaintiffs have failed to state a claim upon which relief can be granted. 10. Additionally, for the foregoing reasons, Plaintiffs Statement of Debt, Affidavit of Note Ownership and Affidavit Pursuant to Md. Real Property Code 7-105.1(D)(II) and rule 14-207 must be stricken from the record.

WHEREFORE, Defendant moves the court to enter an Order Dismissing this case with prejudice or in the alternative, enter an Order to Show Cause: a. Why this case should not be dismissed with prejudice; b. Why Plaintiffs have filed or caused to be filed false affidavits; c. What facts and admissible evidence Lacy Reasons relied upon to execute Statement of Debt that was sworn to under penalties of perjury. d. Why Plaintiffs Statement of Debt, Affidavit of Note Ownership and Affidavit Pursuant to Md. Real Property Code 7-105.1(D)(II) and Rule 14-207 should not be stricken from the record. Defendant also moves the court to grant such other and further relief as the court may seem just and equitable to include sanctions if the court determines Plaintiffs claim was a fraud upon the court. Dated this _______ day of __________________ 2013.

_____________________________ Patrice Lenore Johnson [Certificate Follows]

CERTIFICATE OF SERVICE UNDER PENALTY OF PERJURY, I CERTIFY that on this ___ day of _______________ 2013 a copy of foregoing Defendants' Motion to Dismiss and Motion to Show Cause was served upon the following parties via USPS first class mail: Diane S. Rosenberg, Mark D. Meyer, John A. Ansell III, Kenneth Savitz, and Stephanie Montgomery at the following address:

Rosenberg & Associates LLC 7910 Woodmont Avenue STE 750 Bethesda, Maryland 20814

____________________________ Patrice Lenore Johnson

State of Maryland

County of ______________________

BEFORE ME_________________________Notary Public, personally appeared Patrice Lenore Johnson identified in accordance with Maryland law, and acknowledged the foregoing document to be her act in my presence this day of 2013.

_________________________ Notary Public My commission expires: