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FL APPEALS 2nd DCA “Unsupportable Claim, Lost Note Affidavit” COUNTRY PLACE COMM v. JPMORGAN

FL APPEALS 2nd DCA “Unsupportable Claim, Lost Note Affidavit” COUNTRY PLACE COMM v. JPMORGAN


COUNTRY PLACE COMMUNITY
ASSOCIATION, INC.,

v.

J.P. MORGAN MORTGAGE
ACQUISITION CORP.,

Opinion filed December 29, 2010.

Appeal from the Circuit Court for
Hillsborough County; William P. Levens,
Judge.

Leslie M. Conklin, Clearwater, for
Appellant.

No appearance for Appellee.

WALLACE, Judge.

EXCERPTS:

The lender named in the copy of the note and mortgage attached to the
complaint was First Franklin Financial Corporation. The mortgage designated Mortgage
Electronic Registration Systems, Inc., as the mortgagee. J.P. Morgan did not attach to
its complaint any evidence of an assignment of either the note or the mortgage in its
favor. When J.P. Morgan filed the action, no assignment of the mortgage in its favor
had been recorded in the public records of Hillsborough County.

<SNIP>

2The note had apparently been endorsed in blank. Oddly, J.P. Morgan
had filed an “Affidavit of Lost Original Instruments” after the entry of the adverse
summary judgment and about seven weeks before the hearing on Country Place’s
motion for attorney’s fees. In the affidavit, J.P. Morgan’s representative swore that the
original note and mortgage “have been lost or misplaced and cannot be located by
Plaintiff. Plaintiff has caused an extensive search of Plaintiff’s records and said Note
and Mortgage cannot be found.”

Continue below…

[ipaper docId=46137500 access_key=key-24kokwkxzzsfbuyfu9nz height=600 width=600 /]

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