IN THE CIRCUIT COURT OF THE_______JUDICIAL CIRCUITOF FLORIDA, IN AND FOR _______________COUNTY

Bank

Case #____________________

Division #: _______________

Plaintiff,vs.

YOUR NAME

Defendant(s).______________________________________________________________________

DEFENDANTS MOTION TO DISMISS/ABATE ACTION FOR FAILURE TO SUBSTITUTE PLAINTIFF

COMES NOW, the Separate Defendant and moves the court to dismiss/abate this action on account of the plaintiffs failure to substitute the United States Office of Thrift Supervision (OTS) and/or the Federal Deposit Insurance Corporation (FDIC) and/or JPMorgan Chase as the real party in interest and in support, states:

1. On September 25, 2008, the OTS closed the plaintiff, Washington Mutual Bank, and appointed the FDIC as receiver.

2. Subsequent to the closure of the plaintiff, JPMorgan Chase acquired the assets of the plaintiff from the FDIC as the receiver for the plaintiff.

3. This defendant has until December 30, 2008 to file her proof of claim to the FDIC as receiver to present and preserve her claims against the plaintiff that arise out of the mortgage transaction and the foreclosure that are the subject of this litigation.

4. A copy of the Bank Acquisition Information sheet and the notice to creditor from the FDIC to file proof of claim downloaded from www.fdic.gov concerning the plaintiff and documenting the above information is attached and incorporated herein.

5. The plaintiff, Washington Mutual, no longer has any interest in the subject matter or outcome of this litigation.

6. The plaintiff, Washington Mutual, is not the real party in interest and has no standing to pursue this action.

7. Despite notice to counsel for plaintiff and despite the fact that the FDIC was appointed receiver almost 3 months ago and the plaintiff then was sold to JPMorgan Chase, the plaintiff has failed to substitute the real party in interest as the plaintiff in this foreclosure.

8. The present owner of the subject mortgage and holder of the subject promissory note is the entity with standing and the real party in interest and is an indispensable party to this action and must be substituted in order for relief to be accorded in this action pursuant to Florida law and the Florida Rules of Civil Procedure.

Wherefore, pursuant to Rule 1.260 of the Florida Rules of Civil Procedure, the defendant requests the court grant this motion and dismiss or abate this action for failure to substitute plaintiff and for all other relief to which defendant proves herself entitled.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all parties of record this ______day of _________ 20____ via U.S. Mail postage prepaid.

Respectfully submitted

By: ______sign here__________

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