IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA AMERICAN HOME MORTGAGE CASE NO. 502008CA027495XXXXMB SERVICING, INC. Plaintiffs, vs. JESSICA CADWELL Defendant. DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Defendant JESSICA CADWELL files this objection to the plaintiff's motion for summary judgment currently set for April 20, 2010 and shows: Introduction In any summary judgment to foreclose an interest in a mortgage the plaintiff is "required to establish, through admissible evidence that it held the note and mortgage and so had standing to foreclose the mortgage before it would be entitled to summary judgment in its favor. Whether (the plaintiff) does so through evidence of a valid assignment, proof of purchase of the debt, or evidence of an effective transfer, it (is) nevertheless required to prove that it validly held the note and mortgage it sought to foreclose. BAC Funding Consortium Inc. v. Jean-Jacques, 2010 WL 476641 (Fla. 2d DCA Feb. 12, 2010). "Summary judgment is appropriate only upon record proof-not assumptions. Given the vastly increased number of foreclosure filings in Florida's courts over the last two years, which volume has taxed both litigants and the judicial system and increased the risk of paperwork errors, it is especially important that trial courts abide by the proper burdens of proof when considering a summary judgment motion in a foreclosure proceeding." BAC Funding, supra at 1. EFTA01113930