.::

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OFFLORIDA, FT. MYERS 2DI; ;~;jii'\ 28 PN 12: 13

US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR GSMPS 2004-4

Plaintiffv.

Larry R. Bradshaw18291 Useppa Rd.Ft. Myers, Florida 33912

Defendant,

CASE NO. ~: 11- CV·~J 7/- rtNt-2..'lSPGState case # 08-CA-055974

/--------------------------NOTICE OF REMOVAL

PLEASE TAKE NOTICE that pursuant to 28 U.S.C. §§ 1331(Federal

Question) 15 U.S.C. § 1692(e), 18 U.S.C. § 1346, 1332 Diversity Jurisdiction),

1441 (Removal Generally)1443(1) (Civil Right), 1446(a) & Rule 11 FRCP,42

U.S.C. 1983 (Civil action for deprivation of rights), 1985(2) &(3), and 1986

(Action for neglect to prevent), the defendant, Larry R. Bradshaw, hereby removes

this action from the Twelfth Judicial Circuit in and for Lee County, Florida to the

United States District Court Middle District of Florida Ft. Myers Division. In

support of removal, Defendant submits the following:

SUMMARY

Where the State court was created for the protection of citizens rights

secured by the Constitution from which the court obtains its power, the Twentieth

judicial circuit in and for Lee County has not only lost its way but has become at

1

I

least in this case a conspirator to deprive the defendant Larry R. Bradshaw of his

rights to substantive and procedural "due process" and "equal protection" of the

law. The court's blatant refusal to abide by the State and Federal Constitutions and

laws made thereunder, including the rules of Court established for the express

purpose to safe-guard the defendant's rights to procedural due process, including

conspiring with the law Firm of Florida Default Law Group, P.L., DBA

Exhevarria, Codillis & Stawriski, to prevent Larry R. Bradshaw from attending a

critical hearing set and noticed for hearing in Judge McHugh's court at 11:00 a.m.,

on the fifth floor of the Lee County Court House on February 22,2010, which

Larry R. Bradshaw was present, while the hearing was actually held in Judge

Richards court on the first floor in which attorney's for the plaintiff were present

(minutes of February 22,2010 Judge Richards and the attorney's were seen in the

locked court room by Larry R. Bradshaw and his father) after the hearing was

concluded. The motion was denied by Judge Richards. However, on 311512010

Judge McHugh issued a corrected order regarding the February 22, 2010 hearing

wherein he claimed to have heard the motion and argument from both plaintiff

counsel and defendant wherein he granted plaintiffs motion to compel discovery.

Some months later Larry R. Bradshaw was in the court observing the docket and

discovered the minutes of the Richards hearing on February 22, 2010 had been

changed from denied to granted. (See Exhibit D-land D-2) Exhibit D-l is time

2

stamped across the top of the document by the clerk of court, while the substitute

document (Exhibit D-2) is filed stamped with no signature on the bottom of the

page. The court has further refused over objections, to comply with the rules of

Court and Judicial Administration, regarding attorney of record, where the motion

filed in the case are signed by attorneys who have not made the proper appearance

in violation of the rules and decisional law of the 2nd District Court of Appeals,

who did address the issue on point in Pasco County v. Quail Hollow Prop., 693 So.

2d 82 (Fla. App. 2 Dist. 1997). The State Court has conspired with Florida Default

Law Group, P .L. and the 19 attorneys and 5 judges, have contributed to the

conspiracy to deprive Larry R. Bradshaw of his Constitutional Right and has

caused great emotional distress and economic injury to Larry R. Bradshaw. This

court has federal question jurisdiction in that Larry R. Bradshaw's constitutional

right s were egregiously violated by the State court's disregard of Federal Law

(FDCP A) and the fundamental rules of Judicial administration, including the Rules

of Civil Procedure, Judicial Cannons, and the professional requirement of the

Florida Bar, that governs attorney ethics.

Coming to the realization after the third foreclosure action (08-CA-055974,

that was voluntarily dismissed twice before), that the court was participating in a

"fraud on the court" designed to prevent defendant Larry R. Bradshaw from

defending his rights to due process of law. Defendant in desperation filed a Writ of

3

Mandamus with the second District Court of Appeals. In an apparent defiance of

their own holding regarding the requirements of notice of appearance and their

rulings that pleading and motions signed by attorney's not of record were legally

nullities, (which is evident in the record in both cases 07-CA-011562 and 08-CA-

055974), denied defendant application for Writ of Mandamus that sought an order

to the trial court to dismiss case number 08-CA-055974 and reopen 07-CA011562,

and grant defendant's motion to dismiss with prejudice or in the alternative motion

for summary judgment, on the grounds that all motions filed in both cases after the

original complaint were signed by attorney's not of record. Fraud on the Court and

Conspiracy to Fraud on the Court engaged in by the trial judges and opposing

attorneys should not only "shock" the conscience of any respectable court, it

should cause an investigation of possible criminal activity. Larry R. Bradshaw

believes that because he is not an attorney, the attorneys and judges conspired to

prevent him from defending his rights under the Constitution and laws of the

United States, so that the attorney's could save face for their gross incompetence.

CAUSE OF ACTION

The facts contained in each cause of action are herein restated andincorporated into each successive cause of action, and the applicationfor Wirt of Mandamus with its exhibits contained in the trial courtrecord is herein incorporated by reference.

1. In Case 07-CA-11562 "the Firm" via attorney Kiersten Jensen filed the

original complaint, but then left "the Firm". Ms. Jensen did not withdraw

4

from the case, and no other attorney filed a notice of appearance. When

defendant objected to the unauthorized substitution of counsel, the court

ordered plaintiff to resolve the issue of who represents plaintiff (order dated

April 18, 2008 Judge Steinbeck). That order was disregarded by "the Firm"

who continued the illegal substitution of counsel until the case was

dismissed by the court (substitute judge, Judge Adams), under protest by

defendant who had filed, served and set the hearing on his motion to dismiss

with prejudice or in the alternative summary judgment. "The Firm" was in

violation of a court order, and any motions, objections or pleadings were a

violation of Rule 2.060 U) of the Florida Rule of Judicial Administration and

so held by the 2nd DCA in Pasco County v. Quail Hollow Prop., 693 So. 2d

82 (Fla. App. 2 Dist. 1997).

2. In case number 08-CA-055974 "the Firm" continued the unlawful practice

of substituting counsel without complying with Rule 2.060U) over written

and verbal objection by defendant, falling on deaf ear of the musical judges

(McHugh, Richards, Stems, McIver, Thompson, and Schriber, & Hawthorn)

who have participated in case number 08-CA-055974 to this date, in

violation of petitioner due process rights protected by the United States

Constitution, and the Constitution of the state of Florida, codified in the

5

Civil Rules of Procedure, Rules of Judicial Administration, and the Bar Rule

of Professional Conduct.

3. On February 22, 2010 @ 11:00 am, a hearing was set and notice served, for

plaintiffs motion to compel discovery in Judge McHugh's Court. Defendant

was present in Judge McHugh's court room. While checking in with the

Judicial Assistant (hereafter JA), defendant learnedthe hearing on plaintiffs

motion was being heard by Judge Richards. Defendant hurried to Judge

Richards's court room on the first floor only to find the door locked, but

recognized one attorney Gregg Goetz who had represented plaintiff in past

hearing. Defendant immediately returned to judge McHugh's court, where

the JA escorted defendant to Judge Richards's court room. Upon arrival, the

door was still locked, but the attorney's were gone. The JA asked defendant

to wait while she found someone with a key to the court room. She returned

with a deputy sheriff who had a key and did unlock the door. Once inside the

JA checked the computer and told defendant that the motion was heard by

Judge Richards, and denied. Defendant obtained a copy of the minutes (see

exhibit D-l) which showed the motion to compel was denied. On 3/15/1 0

Judge McHugh issued a "corrected Order" on Plaintiffs Motion to Compel,

where he claimed that he heard the motion and granted same (see Exhibit D-

3). On or about December 2011 defendant found the minutes from Judge

6

Richards February 22,2010 hearing had been changed to granted. (See

Exhibit D-2). The above actions by Judge Richards and Judge McHugh was

simply "fraud on the Court" done in violation of the very rudiment of

substantive and procedural due process, Judicial Cannons, Bar Association

Rules and, Constitutional protections of 42 U.S.C § 1983, 1985 and 1986

wherein the judges had a duty to protect and a duty to honest service, and to

uphold the integrity of the judiciary.

4. In the original complaint u.S. Bank National Association as Trustee for

GSMPS 2004-4 (425 Walnut Street Floor 1 Cincinnati, OH 45202)

claims @ 2. The firm has complied with the notice requirement of the Fair

Debt Collection Practices Act 15 U.S.C. § 1692., et seq., as amended

hereafter the Act. The Firm is alleged to be Florida Default Law Group, P.L.

(hereafter "the firm"), and alleges in its demand letter (Exhibit D-5 & 6)

that it is a debt collector, attempting to collect a debt. However, the Articles

of Organization of Florida Default Law Group, P.L. Article V., (Exhibit D-

4) prohibits the Firm's engaging in any business other than the practice of

law. Being the Act applies to attorneys when they are collecting debts, and

their statement contained in the October 6, 2008 & December 19, 2008

demand letter clearly states that the Firm is a debt collector, the Firm was

clearly not pursuing any legal remedy of the creditor or creditors which

7

could exempt the Firm from the Act. Therefore, by issuing the demand

letter, knowing the Firm was prohibited from engaging in the business of

debt collection, the Firm has violated 15 V.S.C. § 1692(e), that prohibits

debt collectors from making false, deceptive or misleading representation, or

implication that the debt collector is vouched for or threatening to take

actions that cannot legally be taken, such as filing suit before complying

with the notice and validation requirements of 15 V.S.C. § 1692 et seq.,

which neither the plaintiff nor the Firm did. Because the corporate charter

of Florida Default Law Group and DBA Exhevarria, Codillis & Stawriski,

(Exhibit D-4) prohibits the engaging in any business other than the practice

of law, the demand letters dated October 06,2008 and December 19,2008

are legal nullities, because the requirements of the FDCP A have not been

satisfied, nor does Florida Default Law Group, P .L. have capacity or

standing of agency as a debt collector.

5. "The Firm" after the second voluntary dismissal (Case Number 07-CA-

11562), which operates as an adjudication on the merits when served by a

plaintiff who has once dismissed in any court an action based on or

including the same claim, filed the third foreclosure under the name of US.

Bank as Trustee for GSMPS 2004-4 which includes the same claim, in

violation of Florida Civil Rules of Procedures Rule 1.420(a)(1)(B), and

8

constitute a deprivation of Constitutional rights to due process and equal

protection as well as honest service by government officers.

6. The Court in case number 07-CA-llS62 hearing on defendant's motion for

summary judgment, dismissed the case without proof by plaintiff that a

timely served voluntary dismissal had been filed, over objection of

defendant that voluntary dismissal was prohibited at a "summary judgment"

hearing, pursuant to Florida Civil Rule 1.420(a)(1)(A), a violation of

fundamental "due process" of law.

"The Firm" later admitted in the third filing against the same property

and defendant, under the name of U.S. Bank National Association as trustee

for GSMPS 2002-4 (State case number 08-CA-OSS974) that "the Firm" had

filed the previous action (07-CA-OllS62) in the name of the wrong plaintiff.

7. "The Firm" knowingly sent a third demand letter in the name of U.S. Bank

National Association as Trustee for GSMPS 2004-4, the demand letters

failed to comply with the provisions of subchapter "V" a violation of IS

U.S.C. § 1692k, which invalidates the demand of IS U.S.C § 1692g

(Validation of debt), which challenges plaintiff standing to file a foreclosure

action in State court on ripeness grounds.

8. Both Plaintiffs, Washington Mutual et al, and U.S. Bank via "the Firm"

mailed or caused to be mailed in violation of the mail fraud provisions of 18

9

v.S.C. § 1346 where "the Firm's" charter, prohibited the firm's engaging in

the debt collection business, the demand letters for the collection of debt are

legal nullities, and the Complaint and following motions rise to the level of

sham pleadings. "The Firm" also mailed or caused to be mailed an unsigned

letter dated June 21,2010, containing a HUD 9539 Form, which informed

the current occupant that the property was about to be foreclosed, and the

ownership of the property to be transferred to V.S. Bank National

Association, as Trustee for GSMPS 2004-4 within the next 60 to 90

days.(Exhibit D-8) The anticipation of imminent foreclosure by "the Firm"

strongly suggest a collusion with the court, and knowledge of its pending

decision in the plaintiff s favor. The unsigned letter appears to be an idle

threat made with intent to cause emotional distress and further financial

hardship on the defendant a violation of 15 V.S.C. § 1692 et.seq. The

Federal District Court has original jurisdiction over provisions of federal law

under 28 V.S.C. § 1441(a) & (b).

9. "The Firm" representing both Washington Mutual et al., and V.S. Bank as

Trustee for GSMPS 2004-4 have made false and misleading representation

concerning the standing of both plaintiff s to file the three foreclosure

action, where there was no recorded assignment to either plaintiff, a

violation of 15 V.S.C. § 1692(e), which raises the question of standing.

10

10. The value of is in excess of$100,000.00.

11. U.S. Bank is not registered as doing business in the State of Florida which

creates diversity of the parties.

RELIEF REQUESTED

Wherefore, federal laws have been violated by "the Firm" and the plaintiff s

it claims to represent, coupled with egregious "fraud on the Court" by Judges,

Richards and McHugh, and other conspirators and their blatant disregard for both

substantive and procedural due process of law, wherein they have not only

conspired to deprive Larry Bradshaw of his Constitutional protections, of due

process and equal protection of the law, the court has participated in "honest

service fraud" by neglecting their duty to prevent conspiracies actionable under 42

U.S.C. § 1985 and the fact that the court is disinterested in the rules of court and

decisional law that requires attorneys to make an appearance before participating in

the case, and the in the interest of justice defendant Larry R. Bradshaw believe he

cannot obtain a fair trial where the trial judge has conspired to commit constructive

fraud, with intent to deprive Larry R. Bradshaw of his Constitutional Right, and

property, and cause egregious emotional and financial distress, hereby removes

this case to Federal District Court Middle District of Florida Fort Myers,

Submitted ~~~~

11

Larry R. Bradshaw18291 Useppa Rd.Ft. Myers, Florida 33912Ph# 239-770-7393

CERTIFICATE OF SERVICE

I, Larry Bradshaw, hereby certify that a true and correct copy of the foregoing hasbeen sent by U.S. Mail to: Florida Default Law Group P.L. P.O. Box 25018Tampa, Florida 33622-5018 on the,2£ day of March, 2011.

12

'!!.JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as providedby local rules of court. This form, approved by the Judicial Conference of the United States In September 1974, IS required for the use of the Clerk of Court for the purpose of Initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS

U.S. Bank National Association as Trustee for GSMPS 2004-4

(b) County of Residence of First Listed Plaintiff Cincinnati, Ohio

(EXCEPT IN U.s. PLAINTIFF CASES)

DEFENDANTS

Larry R. Bradshaw, et al

County of Residence of First Listed Defendant Lee County Florida

(IN U.S. PLAfNTIFF CASES ONLY)

NOTE: fN LAND CONDEMNATION CASES, USE THE LOCATION OF THELAND INVOLVED.

(c) Attorney's (Finn Name, Address, and Telephone Number)

William A. Malone, Florida Bar # 28079

Brian Hummel Florida Bar # 46162

II. BASIS OF JURISDICTION (Place an "X" in One Box Only)

Attorneys (lfKnown)

Pro Se

o I U.S. GovernmentPlaintiff

\!II 3 Federal Question(U.S. Government NOIa Party)

III. CITIZENSHIP OF PRINCIPAL P ARTIES(Place an "X" in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

PTF DEF PTF DEFCitizen of This State 0 I \!II I Incorporated or Principal Place 0 4 \!II 4

of Business In This State

o 2 U.S. GovernmentDefendant

o 4 Diversity

(Indicate Citizenship of Parties in Item Ill)

Citizen of Another State flII2 0 2 Incorporated and Principal Place ~ 5 0 5of Business In Another State

Citizen or Subject of a 0 3 0 3 Foreign Nation 0 6 0 6Forcizn Countrv

IV. NATURE OF SUIT (Placean"X"inOneBoxOnlv)

o 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 0o 120 Marine 0 310 Airplane 0 362 Personal Injury • 0 620 Other Food & Drug 0 423 Withdrawal 0o 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 0o 140 Negotiable Instrument Liability 0 365 Personal Injury > of Property 21 USC 881 l!!Io 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws ;1!G:PRl'il!'"R'J.;~r'lU'· HJ:S·i!"ll'l,X, 0

& Enforcement of Judgment Slander 0 368 Asbestos Personal 0 640 R.R. & Truck 0 820 Copyrights 00151 Medicare Act 0 330 Federal Employers" Injury Product o 650 Airline Regs. o 830 Patento 152 Recovery of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0

Student Loans 0 340 Marine PERSONAL PROPERTY Safety/Health 0(Excl. Veterans) 0 345 Marine Product 0 370 Other Fraud 0 690 Other 0

o 153 Recovery of Overpayment Liability 0 371 Truth in Lending ##r:?ryf.~;W1r,'.,~;f;;t.:I!lAB ~KIF:%;~'t)~~!f{~~~~·(~~iS~(:·I~l9rsE·"'jKI < l!;¥~~.1;rl-':fo~'(aof Veteran's Benefits 0 350 Motor Vehicle 0 380 Other Personal 0 710 Fair Labor Standards 0 861 HIA (I 395ff)

o 160 Stockholders' Suits 0 355 Motor Vehicle Property Damage Act 0 862 Black Lung (923)o 190 Other Contract Product Liability 0 385 Property Damage 0 720 LaborlMgmt. Relations 0 863 DlWClDlWW (405(g»o 195 Contract Product Liability 0 360 Other Personal Product Liability 0 730 LaborlMgmt.Reponing 0 864 SSID Title XVI 0o 196 Franchise In"urv & Disclosure Act 0 865 RSI (405(g)) 01',;;;.:,:!"c·REM:i1pRep.ERffi¥:r2~o;i';<~f.ttf:~11,(;mm;RIGH'rS1,"!.1:)'l%·~:!iIlRIS:IDNi!jRi!I'E!FIa:I()NS~140 740 Railway Labor Acttt;W;;EEnE~r~.SIJI;fS:-:;:N1 0o 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation 0 870 Taxes (U.S. Plaintiff 0o 220 Foreclosure 0 442 Employment Sentence 0 791 Emp!. Ret. Inc. or Defendant) 0o 230 Rent Lease & Ejectment 0 443 Housing! Habeas Corpus; Security Act 0 871 IRS-Third Party 0o 240 Tons to Land Accommodations 0 530 General 26 USC 7609o 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty y0"1,)Oj>~GR~,1rJ(,)N~%1¥;o 290 All Other Real Property 0 445 Amer. wlDisabilities· 0 540 Mandamus & Other 0 462 Naturalization Application

Employment 0 550 Civil Rights 0 463 Habeas Corpus·o 446 Amer. w/Disabilities v 0 555 Prison Condition Alien Detainee

Other 0 465 Other ImmigrationC!!: 440 Other Civil Rights Actions

400 State Reapportionment410 Antitrust430 Banks and Banking450 Commerce460 Deportation470 Racketeer Influenced and

Corrupt Organizations480 Consumer Credit490 CablelSat TV810 Selective Service850 Securities/Commodities/

Exchangeo 875 Customer Challenge

12 USC 3410890 Other Statutory Actions891 Agricultural Acts892 Economic Stabilization Act893 Environmental Matters894 Energy Allocation Act895 Freedom of Information

Acto 900Appcal of Fee Determination

Under Equal Accessto Justice

o 950 Constitutionality ofState Statutes

V. ORIGIN01 Original

Proceeding

(Place an "X" in One Box Only)1812 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict

State Court Appellate Court Reopened ~~~~~i%~lstnct Litigationo 7

Appeal to DistrictJudge fromMagistrateJudzment

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSEOFACTION~2~8~U~.S~.C~.1~3~3~1----------------------------------------------------------Brief description of cause:violation of FDCPA and fraud on the court

VII. REQUESTED IN

COMPLAINT:

o CHECK IF THIS IS A CLASS ACTION DEMAND sUNDER F.R.C.P. 23

CHECK YES only if demanded in complaint:

JURY DEMAND: 0 Yes e No

VIII. RELATED CASE(S)

IF ANY(See instructions):

JUDGE Michael T. McHugh DOCKET NUMBER 08-CA-055974

DATE

03/25/2011SIGNATURE OF ATIORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT------- ------------- APPLYING IFP--------- JUDGE MAG. JUDGE

2/22/2010 4:23 PM Filed Lee County Clerk of Court

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FORLEE COUNTY, FLORIDA CIVIL ACTION

US Bank National Association,a/fGSMPSPlaintiff

vsBradshaw, Larry R etalDefendant

------------------------------~/MINUTES

Date: 2/22110

Judge: George Richards

Attorney for Plaintiff: Greg Goetz

Attorney for Defendant: Larry RBradshaw

Hearing Information

I:8J Motion to Compel

D Motion ~ _

o Motion _'--- _

Case No.: 08-CA •.055974

Deputy Clerk: Sylvester

Court Reporter:

[gJ Present 0 NotPresent

o Present [8]. Not Present

o Granted I:8J Denied o Reserved

D Granted o Denied o Reserved

D Granted D Denied D Reserved

D Granted o Denied D Reserved

Notes:

Order to be prepared by:

[8J Plaintiff's Attorney o Defendant's Attorney o Order signed in open court

--~ -- ....--- ------- ------

D HEARING CANCELLED

o Other: __

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FORLEE COUNTY, FLORIDA CIVIL ACTION

US Bank National Association, atj GSMPSPlaintiff

vsBradshaw, Larry R etal

Defendant________________________________ ~I

Case No.: 08-CA-055974

MINUTES

Date: 2122/10 Deputy Clerk: Sylvester

Judge: George Richards Court Reporter:

Attorneyfor Plaintiff Greg Goetz [8] Present o Not Present

Attorney for Defendant: Larry R Bradshaw o Present [gJ Not Present

Hearing Information

[gJ Motion to Compel rgJ Granted o Denied o Reserved

o Motion o Granted o Denied o Reserved

o Motion o Granted o Denied o Reserved

o Other: __ o Granted o Denied o Reserved

Notes:

Order to be prepared by:

[gJ Plaintiffs Attorney o Defendant's Attorney o Order signed in open court

o HEARING CANCELLED

FILEDFEB 22 2010

QIARI.lE GREeN, QfRKORaJIT,ICOUNTY a>lJRTS

BY D.C.

0:'"1

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUITIN AND FOR LEE COUNTY, FLORIDA

CIVIL ACTION

US BANK NATIONAL ASSOCIATION, ASTRUSTEE FOR GSMPS 2004-4,

Plaintiff,

vs.CASE NO.: 36-2008-CA-055974DIVlSION:. G

LARRY R. BRADSHA W, ct ai,Defendant(s).

CORRECTED ORDER ON PLAINTIFF'S MOTION TO COMP£L

. TrHS CAUSE having come before the Court on February 22, 20ro, on Plaintiff's Motion toCompel:

and having reviewed the aforementioned documents and having heard the arguments of Plaintiff's Counsel and the

Defendant, and being otherwise fully advised in the premises, it is

ORDERED AND ADJU])GED as follows:

1. '-Plaintiffs Motion to Compel is bereby GRANTED.

2. Defendant has twenty (20) days to respond to discovery.

________ ,,2010.

day ofin Chamber at LEE County,DONE AND ORDERED

111~11~111I1~~III1I1III~~III~~ll

Circuit Court Judge

Conformed copies to:Frances E. Johnson, EsquireFlorida Default Law Group, P.L.P.O. Box 25018 .Tampa, Florida 336n-50 18All parties on the attached Service List

FILE_NUMBER: F08086375 DOC_ID: M012913

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REFERENCE 362504 118517A -1~% (/ '\0~:--v~ ~~1', ~AUTHORIZATIO .: 1.1-~~.d.-I'; ~0- ~

~ '-<,0' aCOST LIMIT : .s 155.00 (o.~~ (?--------------------------------------------------------------~~ ~

ORDER DATE May 10, 2005

ACCOUNT NO. 07210000'0032CORPGIIATIOI IEIVICE COMI'AIY'

ORDER TIME 10:44 AMORDER NO. 362504-005CUSTOMER NO: 118S17ACUSTOMER: Jeffrey M. Fuller, Esq

Fuller Holsonback Bivins &MalloySuite 1500400 North Ashley DriveTampa, FL 33602

NAME:DQMESTIC FILINGFLORIDA DEFAULT LAW GROUP,P.L.

EFFECTIVE DATE:THE FIFTH BUSINESS DAY PRECEDING

THE DATE THE ARTICLES ARE FILED.___ ARTICLES OF INCORPORATION

CERTIFICATE OF LIMITED PARTNERSHIPXX ARTICLES OF ORGANIZATIONPLEASE RETURN THE FOLLOWING AS PROOF OF FILING:XX CERTIFIED COPY

PLAIN STAMPED COpyCERTIFICATE OF GOOD STANDING

CONTACT PERSON: Sarah Crutchfield - EXT. 2996EXAMINER'S INITIALS;

ARTICLES

OF

FLORIDA DEFAULT LAW GROUP, P.L.

The undersigned, acting as-tile authorized representative of amember of Florida Default Law Group, P.L., and pursuant to Section608.407 of the Florida Limited Liability Company Act, and Chapter621 of the Professional Service. Coxporation and Limited LiabilityCompany Act, executes the following Articles of Organization:

ARTICLE I. NAME

The name of the professional limited liability company (the"Company") is:

Florida Default Law Group, P.L.

ARTICLE II. MAILING .AND STREET ADDRESSOF PRINCIPAL OFFICE

The principal office and mailing address of the professionallimited liability company shall be 9119 Corporate Lake Drive,Suite 300, Tampa, Florida 33643.

ARTICLE III. INITIAL REGISTERED AGENT AND OFFICE

The street address of the initial registered office of theCompany Ls 400 North Ashley Drive, Suite 1500, Tampa, Florida33602, and the name of the Company's initial registered agent forservice of process at that address is Jeffery M.Fuller. -

ARTICLE IV. EFFECTIVE DATE AND DURATION

The existence of the Company will commence on the fifthbusiness day preceding the date that the.se_Art.;i.cles_of Organiza-tion are filed with the Florida Department of Statel and theexistence of the Company will continue in perpetuity.

ARTICLE V. PURPOSE

The Company may engage in ev~ry aspect of the practice of lawand shall not engage in any business other than the practice oflaw.

ARTICLE VI. PQWERS

The Company shall have all t.hepowers granted to .all profes-sional limited liability companies by the Professional ServiceCorporation and. Limited Liability Company Act except that theCompany shall not have the power to engage in any business otherthan the rendition of professional services for which it· wasincorporated as set forth in Article V. Notwithstanding theforegoingl .the Company may invest its funds in bonds, stocks,mortgages, real estate, and other types of investment, and theCompany may own any real and personal property that is necessaryfor the rendition of the professional services set forth inArticle V.

ARTICLE VII. RENDITION Of PROFESSIONAL SERVICESThe Company shall render the professional services described

in Article V only through its agents, officers,members, andemployees agents who are duly licens~ or otherwise legallyauthorized under the laws of the State of Florida to practice law.The term nemployees" shall not include clerks, secretaries,bookkeepersr technicians, and other assistants who are not usuallyand ordinarily considered by custom and practice to be renderingprofessional services to the public for which a license or otherlegal authorization is required.

ARTICLE VIII. MEMBERSNo person other than a professional corporation,professional

limited liability company, or an individual, each of which must beduly licensed or otherwise legally authorized to practice law inthe State or Florida shall be a member of the Company.

ARTICLE IX. MANAGEMENT OF COMPANY

Thecompany,follows:

Company 'aha Ll.The name and

be a manager-managed limited liabilityaddress of the initial_ manager are as

Name Address

Michael J. Echevarria 9119 Corporate Lake DriveSuite 300Tampa, Florida 33634

-2-

ARTICLE X. Lno;J;TATlON ON TRANSFER OF OWNERSHIP lNTEREST

The Company may transfer ownership only to persons who areduly licensed or otherwise legally authorized to practice law inthe State of Florida. In the event that a member:

(i) becomes legally disqualified to practice lawin the state of Florida;

(ii) is elected to a public.o.ffice-_or·~ac:cepts-em-ployment; that, pursuant to law, places re-strictions or limitations upon the renditionof pro£essional ~ervices as an attorney;

(iii)sells, assigns, corrveys ; pledgesr transfers,hypothecates, or otherwise disposes of, orattempts to sell, assign, convey, pledge,transfer r hypothecate, or o,t.herwise disposeof, any ownership iriterest in: the Company toany person ineligible by law or by the Ar-ticles of Organization to be a member of __theCompany r or if the sale, pledge, transfer,assignmentr conveyance, hypothecation, orother disposition of I or attempt to sell,assignr convey, pledge, transfer,hypothecate, or oCherwise dispose of, anyownership interest in the Company is done- ina manner prohibited by law I the Articles ofOrganizationr or the Operating Agreement ofthe CompanYi or

(iv) suffers an execution to be levied upon its,his, or her ownership interest, or theownership interes t is subjected to sale orother process, the effect of which is to vestany legal or equitable interest in theownership interest in some person other thanthe member,

the employment of that member will automatically terminate and theownership interest of the member immediately shall be deemedforfeited; .t.he Company immediately shall cai1.celthe ownershipinterest of the member; and the member or other person inpossession of t.he.ownership interest shall be enti_tled only toreceive payments for the value of the ownership interest which, inthe absence of an Operating Agreement provisionr· a writtenagreement between the Company and its members, or a writtenagreement among its members, shall be the net book value as of thelast day of the month preceding the month in which any of theevents enumerated above occurs. The member whose interest becomesforfeited and are cancelled by the Company shall immediately ceaseto be a member, and except as to the member! s right to receivepayment for the interest in accordance with the foregoing

-3 -

provision and the payment of any other sums then lawfully due andowing to the member by the Company, the member shal.l.terminate I

its, his, or her employment with the Company and shall have nofurther financial interest of any -kind in the Company. AnyOperating Agreement provision, a written agreement between theCompany and its members, or a written agreement among its membersaddressing these events shall control over these Articles ofOrganization.

ARTICLE XI. ALIENATION OF OWNERSHIP INTERESTS

No member of the Company may sell or transfer ownershipinterest in the Company except to another professional corpora-tion, professional limited liability company, or individual, eachof which must be eligible to be a member of the Company and incompliance with the Operating Agreement .

.ARTICLE IV. AMENDMENT OF ARTICLES OF ORGANIZATION

The Articles of Organization of the Company may be amended bya vote of a Majority-in-Interest of the Members (as that term isdefined in the Operating Agreement of the Company) .Executed: May 9, 2005

fa M. Fullerthorized Representative of

chevarria & Associates, P.A.Member

-4-

FLORIDA DEFAULT LAW GROUP, P. L.

CERXIFICATE DESIGNATING REGISTERED AGENT

Pursuant to Section 608.415, Florida Statutes, the followingis submitted to designate a registered office and registered agentin the State of Florida: -

That Florida Default Law Group, P.L., desiring to organize asa professional limited; liability-company unde r the laws of theState of Florida with its initial registered office, as indicatedin its ALticles of Organization, at 400 North Ashley Drive, Suite1500, Tampa, Florida 33602, has named Jeffery M. Fuller as itsagent to accept service of process within the State of Florida.

Having been named as registered agent and to accept serviceof process for Florida Default Law Group, P.L. at the placedesignated .Ln this certificate, I hereby accept the appointment asregistered agent and agree to act inthis.capacity. I furtheragree to comply with the provisions of .alI statutes relating tothe proper and complete performance of my duties, and I am famil-iar with, and accept the obligations of, my position as registeredagent as provided for in Chapter 608, Florida Statutes.Executed: .May 9, 2005

05/09/05 9: SlAM

Ib\Echevacria\FLDefaull\AIticlesO!Org5-9-05

-5-

Please reply to:Post Office Box 25018Tampa, FL 33622-5018

FLORIDA DEFAULT LAW GROUP, P.L.ATTORNEYS AT LAW

9119 CORPORATE LAKE DRIVE3RD FLOOR

TAMPA, FLORIDA 33634

Telephone (8l3) 251-4766Telefax (813) 251-1541

October 06, 2008

VIA CERTIFIED AND REGULAR MAILLARRY BRADSHAW18291 USEPPA ROADFORT MYERS, FL 339675432

Re: Loan No.:Mortgage Servicer:

Creditor:Property Address:

Our File No.:

Dear LARRY BRADSHAW:

DEMAND LETTER

6164361104WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGOHOME MORTGAGE, INe.US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-418291 USEPPA ROAD, FORT MYERS, FL 33912

F08086375

Please be advised this firm represents US BANK NATIONAL ASSOCIATION, AS TRUSTEE FORGSMPS 2004-4. According to our client's records, the above referenced loan is in default. The mortgage paymentdue for March 01, 2007 and all subsequentpayments have not been made.

Referenced below is an itemized list of the funds required to bring your loan current and the dates theywerelare due:

March PaymentApril PaymentMay PaymentJune PaymentJuly PaymentAugust PaymentSeptember PaymentOctober PaymentNovember PaymentDecember PaymentJanuary PaymentFebruary PaymentMarch PaymentApril PaymentMay PaymentJune Payment

FILE NUMBER: F08086375

l~ l~l!l~lllllllll!

(Due 03/0112007)(Due 04/01/2007)(Due 0510112007)(Due 06/0112007)(Due 07/0112007)(Due 08/0 I12007)(Due 0910112007)(Due 1010112007)(Due 11/01/2007)(Due 1210112007)(Due 0110112008)(Due 02/0 I12008)(Due 0310112008)(Due 04/0112008)(Due 0510112008)(Due 0610112008)

$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1228.87$1619.99$1619.99$1619.99

oocjo. M012919

lll~llll~~1I1~1I

July PaymentAugust PaymentSeptember PaymentOctober Payment

(Due 07/01/2008)(Due 08/0112008)(Due 09/0112008)(Due 1% 112008)

$1619.99$1619.99$1619.99$1619.99

Corporate AdvanceLate ChargesAttorney's FeesTotal Amount Due if payment is received by October 31, 2008

$4831.57$1057.79

$35.00$33239.60

November Payment (Due November 1,2008)

Total Amount Due if payment is received on or after November 1,2008, but prior to November 05, 2008

$1619.99

$34859.59

The total amount due must be submitted in the form of a cashier's check, money order or certified fundsmade payable to the Trust Account of Florida Default Law Group, P.L ..

Ifpayment is not received on or before November 5, 2008 curing the default, US BANK NATIONALASSOCIA TlON, AS TRUSTEE FOR GSMPS 2004-4 may accelerate the loan by declaring all sums secured by theNote and Mortgage due and payable. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-4 may exercise any and all remedies permitted by the loan documents and/or by applicable law.

7Upon acceleration, you will still have the right to reinstate the Note. You also have the right to bring acourt action to assert the non-existence of a default or any other defense you may have to acceleration and sale.

Please be advised, that if you previously received a discharge in a bankruptcy involving this loan and didnot sign a reaffmnation agreement, then this letter is not an attempt to collect a debt from you personally.

All figures are subject to the clearance of funds in transit and confmnation by the mortgage holder. Themortgage holder reserves the right to demand additional funds, before or subsequent to reinstatement ofthe loan, tocorrect any error or omission in these figures made in good faith, whether mathematical, clerical, typographical, orotherwise. The reinstatement figures are also subject to change to reflect any transactions that may occur on orsubsequent to the date of this demand letter.

In accordance with the Housing and Community Development Act of 1987, home ownership counseling isavailable from non-profit organizations. If you are in need of financial advice, you may contact a HUD-approvedhousing counseling agency. These agencies provide experienced home ownership counseling at no charge to you.For the agency in your area, call (800) 569-4287.

NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT,(THE ACT) 15 V.S.C, SECTION 1601 AS AMENDED

The law firm of Florida Default Law Group, P.L. (hereinafter referred to as "law firm") has been retainedby US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-4 to represent its interests relatingto the promissory Note and Mortgage executed by Larry R. & Eileen J. Bradshaw on October 16, 1998. As of thedate of this letter, the current amount owed to payoff our client is $126,343.30. Additional interest will accrue at therate of$19.98 per day after the date of this letter.

UNPAID PRINCIPAL BALANCEINTERESTACCUMULATED LATE CHARGESESCROW SHORTAGECORPORATE ADVANCE

$100,596.0512,863.071,057.796,994.824,831.57

TOTAL AMOUNT OF THE DEBT $126,343.30

Also, our client may make advances and incur fees and expenses after the date of this letter which arerecoverable under the terms of the the promissory Note and Mortgage. Therefore, if you wish to receive figures toreinstate (bring your loan current) or pay off your loan through a specific date, please call this law firm at (813) 251-4766.

Unless you notify this law firm within thirty (30) days after your receipt of this letter that the validity ofthis debt, or any portion thereof, is disputed, this law firm office will assume that the debt is valid. If you do notifythis law office in writing within thirty (30) days after receipt of this letter that the debt, or any portion thereof, isdisputed, this law firm will obtain verification ofthe debt or a copy of the judgment against you, if any, and mail itto you. Also, upon your written request within thirty (30) days after your receipt ofthis letter, this law firm willprovide you with the name and address of the original creditor, if different from the current creditor. is a debtcollector. This law firm is attempting to collect a debt, and any information obtained will be used for that purpose.

Finally, if you previously received a discharge in a bankruptcy involving this loan and did not sign areaffirmation agreement, then this letter is not an attempt to collect a debt from you personally.

Written requests should be address to William A. Malone, Esq., Florida Default Law Group, P.L., 9119Corporate Lake Drive, Suite 300, Tampa, Florida 33634.

This law firm is a debt collector. This law firm is attempting to collect a debt, and any information obtainedmay be used for that purpose.

*IMPORTANT IF TENANTS OCCUpy THE PROPERTY*Pursuant to applicable assignment of rents provision in the the promissory Note and Mortgage (and

pursuant to Florida Statutes Section 697.07) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS2004-4 is entitled to an assignment of rents by virtue of the above-referenced default. By law, US BANKNATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2004-4 hereby demands all rents due and/or presentlyin your possession upon receipt of this letter and further demands tender of all rental income collected you hereafter.

The notice required by the Fair Debt Collection Practices Act, 15 U.S.c., Section 1601, as amended,is attached hereto and incorporated herein by reference.

This law firm is a debt collector. This law firm is attempting to collect a debt, and any information obtainedmay be used for that purpose.

Florida Default Law Group, P.L.Attorneys for US BANK NATIONAL ASSOCIATION, ASTRUSTEE FOR GSMPS 2004-4

William Andrew Malone

FLORIDADEFAULTLAWGROUP,P.L.

ATIORNEYS AT LAW9119 CORPORATE LAKE DRIVE

31U> FLOORTAMPA, FLORIDA 33634

Please reply to:Post OffICe Box 25018Tampa, FL 33622·5018

Telephone (813) 251-4766Telefax (813) 25J-l:541

December 19, 2008

LARR y BRADSHAW182\1l USEPPAROADFORTMYERS,fL 339675432

Re:Loan N\ID1bcr. 6]64361104Mortgage Servicer WELLS FARGO BANK.,NA SUCCESSOR BY MERGER TO

WELLS FARGO H011E MORTGAGE, INC.Credsor.to.wbom US BANK NATIONAL ASSOCIATION, AS TRUSTEE fOR

:~-.tliedebtis owed~---GSMPS2-0044-- - .- .. .. . ..·--=Propeny Address: 18291-USEPPAROAD, FORTMYERS, FL 33912

___ ...:.~_File·No.: _F08086375 - ...:.._.,.,.__._ .,,",...._.::'::~ ::.~-,-,~-=~.:~~'!.:~;-,-·:·-:::~---#~¥.Fr~":.",.',~...~ ~:;':.'- :. -,;.,'

Dear Borrower: _.:.... _.,,_ ..

- .--', -'.~.. --:~".- ..•. -'--.... ."-

_ .... :.,-'. :-...,.. ..' \;.._.:. ,---

,..~·_._.r ~.:•....•.·..._'__ :_~· -

The law firm of Florida Default Law Group, P~. (hereinafter referred to as "law firm") has been retained torepresent US BANK NA TIONAL ASSOCIA nON; AS TRUSTEE FOR GSMPS 2004-4 with regards to its interestsin the promissory Note and Mortgage executed by LARRY BRADSHAW on October 16, 1998. Pursuant to the i--terms of the promissory Note and Mortgage; ourclielltbas accelerated an sums due and owing, which-means that-the·entire principal balance and all other sums r:ec6verab!(ilnder the terms of the promJssory Note and Mortgage arc -now due. - . .

As of the date of this letter, the amount owed to our client is $]26,343.30, which includes the unpaidprincipal balance, accrued interest through today, late charges, and other default-related costs recoverable under theterms of the promissory Note and Mortgage. Additional interest will accrue after the date of this letter.

This correspondence is being sent to comply with the Fair Debt Collection Practices Act and should not beconsidered a payoff Jetter. Our client may make advances and incur fees and expenses after the date ofthis letterwhich are recoverable under the terms of the promissory Note and Mortgage. Therefore, if you wish to receivefigures to reinstate (bring your loan current) or pay off your loan through a specific dale, please contact this Jaw firmat (813) 251-4766 or cUent.serviceS@defouJtlawflcom.

Unless you notify this Jaw firm within thirty (30) days after your receipt of this Jetter that the validity of thisdebt, or any portion thereof, is disputed. this law firm will assume that the debt is valid. If you do notify this lawfirm in writing within thirty (30) days after receipt of this letter that the debt, or any portion thereof; is disputed, thislaw firm will obtain verification of the debt or a copy of the judgment against you, if any, and mail it to YOIL Also,upon your written request witJrin thirty (30) days after your receipt of this letter, this law firm will provide you withthe name and address of the original creditor. if different from the CllITCIlt creditor. Florida Default Law Group, P.L-is a debt collector. This law firm is attempting to collect a debt, and any information obtained will be used for thatpurpose.

..._-_. _._--

I, .r~-

All written requests should be addressed to William A. Malone, Florida Default Law Group, P.L.. P.O. Box25018, Tampa. Florida 33622-5018.

This law firm is in the process of filing a Complaint on the promissory Note and Mortgage to foreclose onreal estate. The advice in this letter pertains to your dealings with this law firm as a debt collector. .It does not affectyour dealings with the Court, and in particular, it does rot change the time at which you must answer the ComplaintThe Summons is a command from the Court, not from this law firm. and you must follow its instructions even if youdispute the validity or amount of the debt The advice ill this letter also does not affect this law firm's relations withthe Court. This law firm may file papers in the suit scccrding to the Court's rules II1Id the judge's instructions.

Finally, if you previously received a discharge in IIbankruptcy involving this loan and did not sign areaffirmation agreement, then this letter i<; 110t an attempt fo collect a debt fram you personally, This law firm isseeking solely to foreclose the creditor's lien on real estate and this law film will not be seeking a personal moneyjudgment against you.

If you have questions regarding this matter, please do not hesitate to contact this law firm.

Sincerely,

Florida Default Law Group, Pl.

--,.- ::," ---.:

.-, "-.: .',,~-.~.=;;.:;..~ -.. ~.

':Florida ·D~fllultLawGroup,P.L. is.adeb!co!l.~c;12r~,·::.ri.£~J!Vm~bat,tem:pfuigjii'-:coI1ed::a~-c,.,~·'_,,-~'~:.~~~,>.:-. ~_;..C

debt, and infermarion obtained 'may be used for.the.purpose, .. ...-: -.',. ". ".,--.-.~-.

JWN:'30-2010 14:57 FROM:MARV'S PAK/SHIP 239-466-6280 TO:3526101 P.l

FLORIDA DEFAULT LAW GROUP, P.L.ATTORNEYS AT LA W

9] ]9 CORPORATE LAKE DRIVE3RDFLOOR

TAMPA, FLORIDA 33634

Please reply to:Post Office Box 25018Tampa, FL 33622-5018

Telephone (813) 25 1-4766Telefax (813)251-1541

June 21, 2010

VIA CERTIFIED MAIL AND V.S. MAILCURRENT OCCUPANT18291 USEPPA ROADFORT MYERS, FL 33912

AVISO IMPORTANTE PARA PERSONAS DEHABLA HISPANA. ESTE ES UN AVISO MUYIMPORTANTE. SI NO ENTIENDE ELCONTENIDO, OBTENGA UNA TRADUCCIONIMMEDIATAMENTE. SI USTED NO RESPONDEDENTRO DE VEINTE (20) DJAS PUEDE SERQUE LO HAGAN MUDAR DE LA CASA 0APARTAMENTO EN DONDE VIVE.

Re: Account No.FHA Case No.Our File No.

6164361104098-0063663F08086375

Dear Occupant:

The mortgage for the property in which you are living is about to be foreclosed (sometimes referred to asrepossessed). We expect that ownership of the property will be transferred to US BANK NATIONALASSOCIATION, AS TRUSTEE FOR OSMPS 2004-4 probably within the next 60 to 90 days. Shortly thereafter, itis probable that ownership will be transfetTed to the Secretary of Housing and Urban Development (HUD).

HUD generally requires that there be no one living in properties for which it accepts ownership unless certainconditions are met. We have enclosed a copy of those conditions in Attachment l. These conditions should be readcarefully to help you decide whether you wish to apply to continue Jiving in the house.

If you wish to submit a request to continue to live in this property. after HUD becomes owner. your writtenrequest must be received by HUD within 20 days of the date at lhetop of this letter. Oral requests are not permitted.We recommend that you USethe enclosed Attachment 2, "Request for Occupied Conveyance", in making yourrequest as it gives HUn iIIformation it needs to make its decision. If you have additional information which youwish to include with your request, you may write it on the second page of the form or on additional pages which canbe attached to the form. Also, please fill out boxes 1,7 and 8 of the enclosed Attachment 3, "Request for

FILE_NUMBER: F08086375Serial: 13785185DOC_IO: M007400

111111111~11~1~~111 I~~IIIIII'IIII

JU~30-2010 14:57 FROM:MARV'S PAK/SHIP, ~ 239-466-6280 TO:3526101

Verification of Employment", and send it to HUD with your request. Your request must be sent to the ChiefProperty Officer at the following address:

Oklahoma Nationwide OfficeMichaelson, Connor & Boul4400 Will Rogers ParkwaySuite 300Oklahoma City, OK 73108-1837(405) 595-2000

IfYOD believe that you can meet the condition for a temporary. permanent, or long term illness or injury (seeItem I(d) in Attachment J, "Conditions for Continued Occupancy"), you should say so in your request and includedocumentation supporting your claim. This documentation must include 8 projection of the time you could bemoved without severely aggravating the illness or injury. and a statement by a State-certified physician establishingthe validity of your claim.

IfHUD approves your request to remain in the property. it will only be for a temporary period. SeeAttachment 4, "Temporary Nature of Continued Occupancy".

IfHUD denies your request, you will be given an opportunity to ask that the denial be reconsidered and tofurnish information relating to the reasons for the request being denied.

IfHUD does not in fact become owner of this property, any decision it may make with respect to yourcontinued occupancy will no longer apply.

If you have any questions concerning this notice, please contact the Chief Property Officer at the HUD FieldOffice shown above. '

IMPORTANT NOTICE

YOU MUST REPLY TO THE HUD FIELD OFFICE IN WRITING WITHIN THE NEXT 20 DAYS OF TIlEDATE ON TIffS LElTER OR YOU WILL BE REQUIRED TO MOVE FROM THE PROPERTY BEFORE HUDBECOMES OWNER OF THE PROPERTI'.

Sincerely.

Florida Default Law Group, P.L.AttachmentsNMNC-FHA-csilvcmo

~.JU~-30-2010 14:57 FRoM:MARV'S PAK/SHIP 239-466-6280 TO:3526101 P.3

(Attachment #1 to Mortgagor's Notice of Pending Acquisition)CONDITIONS FOR CONTINUED OCCUPANCY

The following conditions must be met before HUD can approve the occupied conveyance of an acquiredproperty:

I. One or more of the following must be sent:

A. Your occupancy is necessary to protect it from vandalism.

B. The average time in inventory for HUD's unsold inventory in the residential area in which theproperty is located exceeds six months.

c. With respect to two-to-four-unit properties, the marketability of the property would be improvedby your continuing in occupancy.

D. An individual residing in the property suffers from a permanent, temporary, or long-term illnessor injury that would be aggravated by the process of moving from the property.

2. The house must be habitable (except for approval under condition led»~.

3. You must have been living in the house at least 90 days prior to the date the lender acquires title to thehouse (except for approval under condition led»~.

4. You must agree to sign a month-to-month lease at fair market rental on a form prescribed by HVD at thetime HUD acquires the house.

5. You must have the financial ability to make the monthly rental payments under the terms of the lease.

6. You must agree to pay one month's advance rent when you sign the lease (except for approval undercondition l(d».

7. You must allow access to the property during normal business hours:

A. By HUD representatives for a physical inspection of the property, with two days notice.

B. By HUD contractors doing repairs, with two days notice.

c. By real estate brokers and their clients.

8. You must disclose and verify the Social Security~~.wqf78g{~ family members six years of age andFILE_NeJ61~R: F08086375 DOC_ID: M007400

IIIII1IIIIIII 1IIIilllllllll~l~

\"" ••••JJJlIglll tt.t. IV lVlongagor·s Nonce 01 t'enomg Acqutsition)

Request (or Occupied Conveyance U,S. Department of Housing and OMB Approval No. 2502-0268Urban DevelopmentOffice of Housin2

Public reporting burden for dais collection of information estimllled to average 0.25 hours per mortgagee and O.S hours per occupant, includin£ the time for reviewingInsllUctiollS,searching existing dala soarces, gllthering ·and maintaining the daia needed. and oompleting and reviewing the oollection of infhrmation. Send commentsregardin8 this burden estimate or any other aspect of this collection of infonnation, includina sUII~lions for reducing this burden, to the Reports ManaGcment Officer,Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 204 J 0-3600 ·and to the Office of Manageme,"and Budget, Papnwork Reduction Projec.t (2502..0268). Wasbington, D.C. 20503.Privacy Act Statement: The Departmenl of Housing and Urban Developmenl (HUD) is aulhorized to collect this information by 24 CFR 203.67S (b)(3). Section 165 oflhe Housing and Community Developmellt Act of 1987, 42 U.S.C. 3543, requires persons applying for lSSistancc llflder HUD programs to ti.mish his or her SotialSecurity Number (SSN). The information will c:lNlbIcHUD to dclCl1IIincwhc:1hc:ryou qu!tlify lIS • tenant. to IMlntain tenant rental accounts, and will provide the basisfor faeil ilating the management and administration of the property disposition prollM!. The informlllion will be released to the local real estate broker who manage.!the property to filcilitatc property Allllegement The informatiOn may be used to facilitate collection of overdue rent! and may be relellSC.dto collection agencies,consumer reportin& and wmmcrciill credit qeneies. and lIItomeys hired by the Department. II may also be released 10 appropriate Federal, State and local agencies tofilcilill1e oollec:lion of rent and, when relevanl. to civil, criminal, or regulatory' invcstiglllions or prosecutions. The information will not be otherwise di$<:losedorn:lellSed ouuide of HUD, CXceplllSpermitted or n:quirc:d by law. You must providc all of !he infonnation requcsted, im:hlding all SSNs you and all oth~ householdmembers of age six (6) years of age and oldcrhave and use. Giving the SSNsofaJl family members 6 years orage and older is mandatory'; liIihm 10 provide dac SSNswill at1ect your eligibility in lIIe program. Failure to provide the requested information may result in a delay or rejection of your regucstlO remain as an occupanl.Tltl~fomt '"1151 ". COMDIe~dby ,he OccwHmt(.J. When completed. send 10 the local HUD Oflic:e Manu.er. Attention: ChiefProllCI1Y OfficcrProperty Address: I Unit No.:

City, Slatc .t Zip Code:

Name of Moltgagc Company (Lend~) Mortsage Loan No. FHA Case No. :

Dear Sir:1 (We) desire to continue in occupancy as a tenant of this property ifacquired by HUD. !(We) have lived in this property since ~

(please insert dale). I (We) will sign a month-to-month lease and pay one month's rent within 1.5days oflhe lease being presented to mc(us). I (We)believe that we can afford to make monthly rental payments. In my (our) opinion, this property, in its preSCnt condition is StTUCturally sound, freefrom health and safety hazards, and is otherwise habitable.

You may contact me (us) for arranging a convenient time for HUI)'s required inspection al the following telephone number:--_:-- or my (our) representative at . (HUD must be able to mate contact during nonnal workinghours.)

I (We) understand that HUO's approval of my (our) request will, in part, be based on my (our) ability to make monthly rental payments. Toassist HUn in making its determination,l (we) submit the following infonnatit)n concerning my (our) income:

~upanl'S Name: Social Security No.

Employer's Telephone No.

Gross Pay Per Month:s

Occupation:

Employer's Name" Address: Employer's Telephone No.

Spouse's Nl/lle: Social Securily No. Gross Pay Pcr Monlll:$

Occupation:

Employer's Nllllc & Address:

Names & Social Security Nos. oil Other Hou5eho.Jd Members 6 yrs. Or older:

Other Family Income{explllin): l>thcrSources of Income (lfany):Obligations (list all obliglllionsinciuding car loans, instaJlment payments, and credit cards)Crcdito"s Name Address (include city. state.t: zip code) Present Balance Monthlv Pavment

You have my (Qur) permission to contact any of the above for verification purposesOi;wpant's Signature Spouses' SignatureX X

ss

Date:

Form HUD-9S39Ref. Handbook 4310.5

-_._-_ .•. --- _._----- --._----_._----

~

IU:.j::>cbl~l t-'.b

(Attachment #4 to Mortgagee's Notice of Pending Acquisition)

TEMPORARY NATURE OF CONTINUED OCCUPANCY

This is to advise you that occupancy ofHUD-owncd property is not penn anent but is only temporary in all cases and is subjectto termination to facilitate preparing the property for sale and completing its sale. Temporary means that your lease arrangement withHUD is subject to tennination at the convenience of the government upon 30 days' notice. You should not view your Jiving in thisproperty as a permanent or long-term arrangement. It is HUD's policy to ask you to vacate the property and, if necessary, takeappropriate eviction action for the following causes:

1. Failure to execute the lease.

2. Failure to pay the required rent, including the initial payment at the time of execution of the lease,

3. Failure to comply with the terms of the lease.

4. Failure to aJlow access to the property to accomplish necessary repairs, inspect the property, or allow real estatebrokers to show the property to a prospective purchaser.

5. Preparation of the property for sale.

6. Assignment of the property by the Field Office to a different use or program.

JUN~'30-2010 14:58 FROM:MARV'S PAK/SHIP• c'

239-466-62813 TO: 35261131 P.5

Attachment #3 to Mortgagee's Notice of Pending Acquisition)

Request for Verification of Employment U.S. Department of Housing and UrbanDevelopment Veterans AdministrationUSDA, Fanners Home Administration

HUD OMB Approval No. 2502-0059V A OMB Approval No. 2900-0460

FmHA OMS Approval No. 0575-0009

Privacy Act Notice: The. information is to be used by lhe egenc:y coJlCl;ling it indetermining whether you qualily as a prospective mortgagor under its program. Ityou will not be disclosed outside the a,cncy CKUpt to yo.. cmployer(s) forvcrifi~.tion of employment and as required and permitted by law. You do nothave to give us this infonnation, but if you do not, your application for approve!as a prOlpcc.:livc mortgl&or or borr:ower may be delayed or rejcc.:ted. Theinformation requested in this fonn is authorized by Title 38, USC, Chapaef 37(iIVA); by 12 USC. Smion 1701 et.seq, (ifHUDIFHA); IJld.Title 42 USC. 1471et.seq., or 7 USC., 1921 et, Scq (if USDA, FmHA)

Publi~ reporting burden fur this coll"tion of infonnation is estimllkd to average1010)0 minutes per response, inCluding the lime for reviewing instructions,searching existing dara sources. gathering ~d mainllining tho data needed, andcomplelina and reviewing the collection of informalion. Send commentsregarding this burden estimaae or any other aspe~ of this collecllon ofinformation, in~ludinalUBFStions for reducing this burden, to the ReportsMlJlagemcnt Oftil;Cr. 0fIi1;C of Information Policies IJld Systems, U.S,Dcpanmcnl of Housing IJld Urban Development, Washington, D.C. 20410-3600IJld to the Office of ManagelftCllt IJld Budget, Paperwork Reduction Project(2502-0059). Wasbinaton. D.C. 20503.

Lender or Local Processing Agency (LPA): Complete items I through 7. Have the applicant complete items 8 and 9. FOlWITd the compleaed form directly to theemployer named in item I.Employer: Complete either partS II and IV or p811SIII and IV. Return the form directly 10 the lender or local prOl;essing agency named in item 2 of part I.P I R d f: R stcdbart- equesae o. (eaue ev:I.Name &: Address of Employer 2. Name de Address of Lender or Local Pro~ssl", Agonl (LPA)

3. Name &: Address of Applicant 4. J I;Crtify that this verification has been sent directly to the employer IJlcl has notpassed through the hands of tho applicant or any other interested party.SignalUrc of Lcndcr, Official ofLPA Of FmHA Loan PackagerX

1have applied for a mortgage loan or rehabilitation loan IJld stated that I amlwas 5.Tilloemployed by you. My signature in the bl~k below lIU\horizes verification ormyemolovmenl infonMtion.a.Applicant·s Signature 19. Employee Indentification Number 6. Date /7.HUDIFHAlCPO. VA or fmHA No.

XPart II-Verification of Present Emolovment10. Prescnt Position III.Datc of 112. Probability of 13. a.Salaric:~~'2Ci 113.b.l~ overtimelbonus likely to continue?S Employment Continuci;l EmplOYmeJlt Commission es No Pi:.llr, r1v~nnes Nol es No14. Current Base PayH~a1UMOf1thlyUW"kIyUHOurlY 16& Monthly tUGlo Pay (for Military Personnel Only)

Other (slIecifv):ISa. Base Earnings Year·to-Datc Past Year Base Pay CarecrCPay Pro PayS , S S IS ISb. Overtime Year-to-Date PaslYcar Flight Pay I ~er (SpecifY)s , S Sc. Commissions Ycar-lo-Date Pasl YCIT 16b. Monthly Nontaxable Pay (for Mililary Personnel Only)S , S Quarters , VHA , Clothina

s 1$ /$d. Bonuses YOIT-to-Daae Past Year Rations I ~ther (specify)$ , S s

I 17. Remarks. If paid hourlv. olease indic:ate avera" ham worked each week durinlt current and NSI vear,

CommissionsS

Bonuss

Part IV - Certification Federal statutes provide penalties for any fraud. inaentional misrepresentation. or 'rlminel connivlJlc:e or c:onspira~y purposed to inOucn~ theissuance of any guaranty or insurance by the VA or USDA, FmHA Administrators, or the FHA Commissioner.

22. Signatvrc

X

23. Title of Employer 24. DIIte

Previous Editions may be used untilSupply is exhausted

FmHA form 410-S VA form 26-3497 form HUD-92004-Gref. Handbooks415S.I,43JO.S

Case 2:11-cv-00171-JES-SPC Document 5 Filed 04/01/2011 Page 1 of 2 PagelD <pageID>

UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

In re: Filing of Documents that ExceedTwenty-Five Pages

Case No. 2:06-mc-27-FTM-29

____________________________ ~---------------.I

STANDING ORDER

In order to facilitate the Court's review of certain documents, the judges of the Fort Myers

Division agree that parties should submit to Chambers a courtesy copy of any document filed

electronically in the Fort Myers Division that exceeds twenty-five (25) pages (including exhibits) in

length. Courtesy copies need not be provided simultaneously with the electronic filing of the

document. However, they should be submitted as promptly as possible and may be provided via

United States Mail or other reliable service.

Accordingly, it is hereby ORDERED:

I. A party who, electronically files a document exceeding twenty-five (25) pages

(including exhibits) in length must provide a courtesy copy of the document (including

exhibits) in paper format to the assigned judge's chambers.

2. In order to implement this requirement, the Clerk of the Court is directed to file this

Standing Order in every new civil case filed in the Fort Myers Division until further

Order.

3. This Standing Order is not applicable to criminal cases.

•

Case 2:11-cv-00171-JES-SPC Document 5 Filed 04/01/2011 Page 2 of 2 PagelD <pageID>

/i11ilDONE AND ORDERED at Fort Myers, Florida, this _--<_I-- __ day of December, 2009.

For the Court:

John '. teeleUnit d tates District Judge

C/vM.t.4' q,. ErL A m&.J<J W-unOI ,l .•••,g ~Charlene E. Honeywell IUnited States District Judge

Jj"",,~Dou~.Frazie;United States Magistrate Judge

Sheri Polster ChappellUnited States Magistrate Judge

:J:n-~ CQ,."""'~::o CD;-irr'!?" 0::roc.; ~-<tnu,""-1' • "'TI;:Q~o -.I -(1)-'- r-. ntn.....,-1-. ""t' r'Ttr-c>~' :J: 0O-"c-2?.....,-. Ngr-c-. ••oc 0::Oc:-:0~-

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OFFLORIDA, FT. MYERS

US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR GSMPS 2004-4

Plaintiffv.

CASE NO. 2:11-cv-171-FtM-29SPCLarry R. Bradshaw, et al.,18291 Useppa Rd.Ft. Myers, Florida 33912

Defendant,/------------------------~

RESPONSE TO ORDER TO SHOW CAUSE

The Federal District Court has jurisdiction where there is a complete

diversity of citizenship between the parties and the amount in controversy is in

excess of$ 75,000.00.

(a). The plaintiff U.S. Bank National Association, as Trustee for GSMPS

2004-4 is incorporated in a state other than Florida and its principle places of

business are located in states other than Florida. U.S. Bank, National Association,

as Trustee for GSMPS 2004-4 is listed on the internet website as doing business at

250 E. s" Street Cincinnati, Ohio 45202-8232.

(b). Defendant Larry R. Bradshaw is a United States citizen residing in and

domiciled in Florida at 18291 Useppa Road Fort Myers. FL 33912. No other

defendants have joined the case.

ARGUMENT

While diversity jurisdiction is predicated upon the theory that diversity is

granted to shield the defendant from possible discrimination in a foreign forum i.e.,

when an in-state defendant is being sued in a state court it is expected that he will

not be subject to unfair prejudice. However, in the present case, and as a matter of

[Type text]

"first impression" where the record contains evidence of an unconscionable

scheme sentiently set in motion, calculated to interfere with the judicial system's

ability impartially to adjudicate a matter by unfairly hampering the presentation of

the opposing parties claim's or defenses (Aoude v. Mobil Oil Corp., 892 F. 2d

1115, 1118 (1st Cir. 1989), crafted by the court acting under "color of law", custom

or policy: and in collusion with plaintiffs legal counsel, designed specifically to

deprive a class of citizens (defendant's) in mortgage foreclosure cases, regardless

of citizenship or residency of the defendant's or plaintiff s, of their rights to due

process and equal protection of the law under the 14thAmendment to the United

States Constitution and parallel protections of the state Constitutions, as well as

federal/state common law', and with the uniformity Rule. But more importantly the

instrument at issue in the original complaint has a contractual nexus to the federal

government via the FHA (Federal Housing Administration) loan, evidenced by the

note attached to the original complaint, and references by plaintiff to the

requirements of the Federal Fair Debt Collection Act, which apparently governs

conflicts involving the FHA loan. Defendant contends a significant nexus between

federal law and the original note invokes the federal common law jurisdiction

under § 1331(EMPlRE HEALTHCHOICE v. McVeigh, 547 U.S. 677 (2006).

The extrinsic frauds of the mass foreclosure docket operates as an auxiliary

court system within the Twentieth Circuit, not supported by statute, rules of court

established by the Florida Supreme Court, nor are there any distinctive procedures

published to guide litigants through the process. From its inception, the goal of the

mass foreclosure docket has been to dispose of as many cases as possible as

1 (A "suit arises under the law that creates the cause of action"). And this Court has explained that § 1331 's statutorygrant of 'jurisdiction will support claims founded upon federal conunon law as well as those of a statutory origin.'"National Farmers Union Ins., Cas. v Crow Tribe, 471 U.S. 845, 850 (1985); See also Illinois v. Milwaukee, 406 U.S.91 (1972); 19 C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 45] 4, p. 455 (2nded. 1996) ("Acase 'arising under' federal common law presents a federal question and as such is within the original subject matterjurisdiction of the federal court's"). In other words, "[f]ederal common law as articulated in rules that are fashionedby court decisions are 'laws' as the term is used in § 1331." National Farmers, supra, at 850.

[Type text]

quickly as possible. By effectively suspending the Civil Rules of Procedure the

court itself has set in motion an artifice to disadvantage defendants, and open the

door for unscrupulous lenders and debt collectors to scam the judicial system and

profit from unlawful foreclosure actions. Such favor by the Lee County Court

system while acting in collusion with the certain law firms, prior to the filing of the

instant case is essentially reverse discrimination against a class of persons known

as defendant's which involves all race and nationality of individual and is of great

public importance, wherein the scheme was designed to entrap, like the string gun

behind the door, whoever, pulls the knob suffers the injury. Where defendant's,

whether black, white, or brown, being citizens of the United States possessing

rights secured by the 14thAmendment and federal law, subjected to the "mass

foreclosure docket" suffer the same faith, defendant's racial status is significantly

connected to terms of racial equality that surpasses black white and raises to a

higher discrimination involving the public at large. Such heightened public interest

when considered with the extrinsic fraud of conspiring to discriminate against

defendants committed by judicial officers, attorneys and surely the lenders

themselves, should invoke 28 U.S.C. § 1443 et seq.

Such egregious acts by state actors, acting under "color" of state law has

awaken the American Civil Liberties Union (ACLU), who recently filed a Petition

for Writ of Certiorari or Writ of Prohibition with Florida's 2nd DCA case number

2Dll-1728, which details the mass foreclosure docket, including specific judge's

contribution to the planned scheme knowing that defendant's Constitutional rights

would be abused, access to the court would be hindered, and defendant's would not

be allowed to present any defense.

As in Hazel-Atlas c«. v. Hartford Co., 322 U.S. 238 (1944) "Equitable

relief against fraudulent judgments in not of statutory creation. It is a judicially

devised remedy fashioned to relieve hardships which, from time to time, arise from

[Type text]

a hard and fast adherence to another court-made rule, ... Created to avert the evils of

archaic rigidity, this equitable procedure has always been characterized by

flexibility which enables it to meet new situations which demand equitable

intervention, and to accord all the relief necessary to correct the particular injustice

involved in these situations.

No fraud is more odious than an attempt to subvert the administration of

justice (Mr. Justice Roberts 322 U.S. 238 at 250). The flagrant participation in the

intrinsic fraud detailed in the notice of removal involving Judges McHugh and

Richards. The highly detailed claims of judicial participation in the creation of the

mass foreclosure docket, which this case was assigned in the state court (08-CA-

055974), designed to interfere with a class of defendant's, whether racially

motivated, as could be claimed by certain races and not by others even though the

cases are identical, creates an unlevel playing field, highly favorable to purported

lenders and servicing agents. Such favoritism discriminates across-the-board

against any defendant claimed to be in default without the Constitutional

protections afforded to all U.S. Citizens contained in the Civil Rules of Procedure,

that provide the procedural due process to the defendant's who have a duty to

prevent the property from being taken by anyone who claims an interest regardless

of their legal right to do so. The court by devising the mass foreclosure docket

have simply presumed facts not in evidence, and constructed a scheme to prevent

defendant's from challenging lenders capacity, standing and admission of evidence

that may have been fabricated by plaintiff s or by plaintiff s legal counsel. Such

egregious acts by state actors in collusion with private persons should invoke the

equitable power of the federal court to remove the case from the hands of state

actors who have shown by their knowing acts, that they have no intention of

upholding the rights of lesser citizens of the United States, where opposing parties

are the ruling class (banks).

[Type text]

RELIEF

Wherefore, federal common law and equity jurisdiction should be invoked

where the evidence is clear and convincing that state actors in collusion with

private law firms and big lenders have conspired to defraud a class of U.S. Citizens

of their rights secured by the 14th Amendment and procedural rules of court

designed to provide the protections secured by the Constitutions of both the United

States and Florida. Where state courts have created a scheme or devise having no

lawful foundation that defaults against a class of persons known as defendants and

in favor of large corporate plaintiff s who willingly abuse the state justice system,

by introducing fabricated evidence, and making false claims that they are owners

and holders of notes and mortgages where there are no assignments or other legal

documents that support their claims.

Diversity jurisdiction has also fallen victim to the new judge made rules of

the mass foreclosure docket that openly favor foreign plaintiff s and discriminate

against forum state defendants. Such deliberate acts by state actors to neuter

federal law and Constitutional protections of its citizens, should invoke the federal

equitable powers and the federal common law regarding fraud and issues of great

public interest, and provide the basis for removal of this case from the state court.

SUbmitted, .~ /-~~~.

Larry R. Bradshaw18291 Useppa Rd.Ft. Myers, Florida 33912Ph 239-770-7393

[Type text]

CERTIFICATE OF SERVICE

I, Larry Bradshaw, hereby certify that a true and correct copy of the foregoing hasbeen sent by U.S. Mail to: Florida Default Law Group P.L. P.O. Box 25018Tampa, Florida 33622-5018 on the ~ day of April 2011.

[Type text]

Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 1 of 4 PagelD <pageID>

UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FORT MYERS DIVISION

US BANK NATIONAL ASSOCIATION, asTrustee for GSMPS2004-4,

Plaintiff,

vs. Case No. 2:11-cv-171-FtM-29SPC

LARRY R. BRADSHAW,

Defendant.

OPINION AND ORDER

On AprilS, 2011, the Court issued an Opinion and Order (Doc.

#8) directing defendant to show cause why the case should not be

remanded to the state court for lack of jurisdiction. On April 15,

2011, defendant filed a Response (Doc. #14).

In his response, defendant indicates that he is a citizen of

and domiciled in the State of Florida. Defendant further indicates

that plaintiff is a citizen of a state other than Florida, and its

website reflects an address in Ohio. Defendant states that "[nJo

other defendants have joined the case." Defendant argues that the

collusion of attorneys and the state court to hamper the

presentation of rights "arise under" federal law by depriving

people's constitutional rights in mortgage foreclosure cases.

Defendant further argues that a "significant nexus between federal

law" and the original note" provide federal question jurisdiction

because it is a FHA loan and plaintiff makes references to the

requirements of the "Federal Fair Debt Collection Act".

Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 2 of 4 PagelD <pageID>

"Federal courts are courts of limited jurisdiction." United

States v. Rojas, 429 F.3d 1317, 1320 (11th Cir. 2005) (collecting

cases). Diversity jurisdiction requires complete diversity: every

plaintiff from every defendant. Triggs v. John Crump Toyota, Inc.,

154 F.3d 1284, 1287 (11th Cir. 1998) (citing Tapscott v. MS Dealer

Servo Corp., 77 F.3d 1353, 1355 (11th Cir. 1996)). A corporation

is a citizen of both the state of its incorporation and the state

where it has its principal place of business. 28 U.S.C. §

1332(c) (1). The principal place of business is determined by the

"nerve center" test. Hertz Corp. V. Friend, 130 S. Ct. 1181, 2010

U.S. LEXIS 1897, at **28-29 (Feb. 23, 2010).

The Court finds that defendant Bradshaw has failed to show

that plaintiff's citizenship is not the State of Florida for

purposes of establishing complete diversity. Additionally,

Bradshaw states that the other defendants did not join the case.

Although the other defendants may not have joined in the removal of

the case, defendant Bradshaw cannot ignore or dismiss their

participation in this case, and their citizenship is also relevant

to the inquiry. See Russell Corp. V. Am. Home Assur. Co., 264 F.3d

1040, 1050 (11th Cir. 2001) (unanimity of consent required in

removal cases involving multiple defendants); see also Bailey V.

Janssen Pharmaceutica, Inc., 536 F.3d 1202, 1208 (11th Cir.

2008) (consent of unserved defendants not required) .

-2-

Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 3 of 4 PagelD <pageID>

The Court rej ects the argument that the mere reference to

compliance with the Fair Debt Collection Practices Act (Doc. #2, ~

2) provides jurisdiction. The Mortgage Foreclosure Complaint (Doc.

#2) seeks a determination as to the amount due under a Mortgage

Note and Mortgage, and to foreclose if the amount is not paid

immediately pursuant to Florida Statute Section 45.031 (2006); and

for re-establishment of the Note pursuant to Florida Statute

Section 673.3091. For a cause of action to "arise under" federal

law, the federal law has to create the cause of action. Johnson v.

Wellborn, No. 10-12494, 2011 WL 914302, *4 (11th Cir. Mar. 17,

2011) (citing Pacheco de Perez v. AT & T Co., 139 F.3d 1368, 1373

(11th Cir. 1998)). The causes of action in this case are not based

on, and do not arise under, a federal law or the United States

Constitution. The fact that the Mortgage may be backed by the

Federal Housing Administration (FHA) does not provide jurisdiction

because the cause of action is not brought pursuant to a federal

statute, ~' Fair Housing Act. Therefore, the Court finds that

defendant Bradshaw has failed to meet his burden of proving proper

federal jurisdiction.

Accordingly, it is now

ORDERED:

Finding no subject matter jurisdiction shown, the Clerk is

directed to remand the case to the Circuit Court of the Twentieth

Judicial Circuit, in and for Lee County, Florida, and to transmit

-3-

Case 2:11-cv-00171-JES-SPC Document 16 Filed 04/26/2011 Page 4 of 4 PagelD <pageID>

a certified copy of this Orde r to the Clerk of that Court. The

Clerk is further directed to terminate all pending motions and

deadlines and close this case.

DONE AND ORDERED at Fort Myers, Florida, this _.::.2..:::.6..:::.t.:.:hc-- day of

April, 2011.

JO¥~ E. STEELEUn~ted States District Judge

Copies:Parties of record

-4-

Case: 2:11-cv-00171-JES-SPC

Larry R. Bradshaw18291 Useppa RoadFort Myers, Fl 33912

MIME-Version:1.0From:cmecf_flmd_notification@flmd.uscourts.govTo:cmecf flmd notices@localhost.localdomain- -Bcc:--Case Participants:--Non Case Participants:--No Notice Sent:

Message-Id:<8732313@flmd.uscourts.gov>Subject:Activity in Case 2:11-cv-00171-JES-SPC US Bank National Association v.Bradshaw Opinion and orderContent-Type: text/plainThis is an automatic e-mail message generated by the CM/ECF system.Please DO NOT RESPOND to this e-mail because the mail box is unattended.***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions.u.S. District CourtMiddle District of Florida

Notice of Electronic FilingThe following transaction was entered on 4/26/2011 9:48 AM EDT and filedon 4/26/2011

Case Name: US Bank National Association v. BradshawCase Number: 2:11-cv-00171-JES-SPChttps://ecf.flmd.uscourts.gov/cgi-bin/DktRpt.pl?256527

Filer:

Document Number: 16

Copy the URL address from the line below into the location bar of your Webbrowser to view the document: Document:https://ecf.flmd.uscourts.gov/doc1/04719306384?caseid=256527&de_se~num=53&magic

num=MAGIC

Docket Text:OPINION AND ORDER directing the Clerk to remand the case to the TwentiethJudicial Circuit, in and for Lee County, Florida, and to transmit a certifiedcopy of this Order to the Clerk of that Court. The Clerk is further directedto terminate all pending motions and deadlines and close this case. Signedby Judge John E. Steele on 4/26/2011. (RKR)2:11-cv-00171-JES-SPC Notice has been electronically mailed to:Jeffery Michael Gano jgano@echevarria.com

2:11-cv-00171-JES-SPC Notice has been delivered by other means to:Brian HummelFlorida Default Law Group9119 Corporate Lake Dr., Suite 300Tampa, FL 33634

Christina N. RileyFlorida Default Law Group, PL*Suite 3009119 Corporate Lake DrTampa, FL 33634

Frances Evelyn JohnsonFlorida Default Law Group, PLSuite 3009119 Corporate Lake DrTampa, FL 33634

Larry R. Bradshaw18291 Useppa RoadFort Myers, FI 33912

William Andrew MaloneFlorida Default Law Group, PLSuite 3009119 Corporate Lake DrTampa, FL 33634

The following document(s) are associated with this transaction:Document description: Main DocumentOriginal filename: n/aElectronic document Stamp:[STAMP dcecfStamp_ID=1069447731 [Date=4/26/2011] [FileNumber=8732312-0][30bOdfb8fdS947410ce3aeS1f9b290S2bf62b90bd3ad64112144aSedeS7396a821d14dc7942309b93dSf3c76ebaS41baadaceead7834ead838dd3034bac949ae]]