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LETTERHEAD

TODAYS DATE VIA FAX AND MAILFAX NUMBER

LAWYER ADDRESS

Re: NAME OF CASE AND CASE NUMBER, IF ANY: FORMAL STATUTORYDEMAND TO DISMISS FORECLOSURE ACTION WITH PREJUDICE, CLEAR

TITLE TO REAL PROPERTY, REFUND MONIES PAID, AND FOR PAYMENT

OF ATTORNEYS FEES AND COSTS PURSUANT TO FLA.STAT. SEC. 57.105

Dear LAWYERS NAME:

This letter is being provided to you, the Law Offices of NAME OF FIRM, and your clientNAME OF LENDER (Plaintiff in the Action identified herein) as formal notice, pursuantto the matters herein and Fla.Stat. sec. 57.105, of this Firms client NAME OFBORROWER (hereinafter Borrower) demand that you immediately and forthwithdismiss, with prejudice, that certain civil action styled COMPLETE STYLE OF CASEE.G. JONES BANK V SMITH, CASE # IN THE 20TH CIRCUIT OF THE COUNTY OFXXXXX, STATE OF XXXXX, hereafter referred to as the Action); to provide clear titleto the real property the subject of the Action; for refund of all monies paid by Borrowerincident to the alleged loan the subject of the Action; and for payment of attorneysfees and costs which are awardable under various Federal and state statutes violatedby your filing of the Action. This letter is also being sent as formal notice of BorrowersMotion for Sanctions (copy attached hereto) which will be filed and set for hearingunless, pursuant to Fla.Stat. sec. 57.105(4), within twenty-one (21) days of today,

Borrowers demands as set forth herein are not complied with in writing confirmed byfax receipt, by this Firm, of this notice of this date necessary documents to legally effectthe demands made herein.

The facts supporting this demand and the attached Motion are as follows, which areadmissions by you, as an agent of the above-referenced Law Offices , in the Complaintwhich you filed:

(a) On or about DATE, you, as an agent and attorney of the above-referencedLaw Offices, caused a civil action for foreclosure and to enforce loandocuments to be filed in the xxth Judicial Circuit in and for XXXXXXXXCounty, Florida, which has been assigned case number XXXXXXXXXXX;

(b) In paragraph X. of Count X of the Complaint, you affirmatively represent tothe Court that The Plaintiff owns and holds the Note and Mortgage;

(c) In paragraph X of Count X, you affirmatively represent to the Court that themortgage was subsequently assigned to the Plaintiff by virtue of anassignment to be recorded (that being some time in the future);

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(d) In paragraph XX of Count XX, you affirmatively represent to the Court thatThe Plaintiff is not presently in possession of the Note and Mortgage andthe Plaintiff cannot reasonably obtain possession of the Note and Mortgagebecause THEIR whereabouts cannot be determined (original emphasis):

(e) In paragraph XX of Count XX, you affirmatively represent to the Court thatThe Plaintiff will agree to the entry of a Final Judgment of Foreclosurewherein it will be required to indemnify and hold harmless the Defendant(s)from any loss they [sic] may occur by reason of a claim by another person toenforce the lost Note and Mortgage.; [Editors note: So far this is a veryunique allegation. It probably does not appear in your pleadings].

(f) The Action thus inconsistently but affirmatively alleges, in Count X, thatPlaintiff owns and holds the Note and Mortgage when in fact theadmissions in Count II demonstrate, by the allegations of paragraphs XX

and XX of the Complaint, that the PlaintiffDOES NOT and CANNOT legallyestablish possession or ownership of the Note or the Mortgage and thatsame is/are in the possession of an unknown party or parties;

(g) A copy of the Note is not even attached to the Complaint (only an allegedledger of loan);

(h) By virtue of the admissions of the Plaintiff in paragraphs XX, XX, and XXof the Complaint, the Plaintiff has actual knowledge that it never, at any timematerial, had possession of either the mortgage or the note as same weresold, assigned, or transferred as part of the single-transaction securitization

process which resulted in the subject mortgage and/or note being sold asparceled obligations and becoming part of one or more tranches within aspecial investment vehicle;

(i) that the Plaintiff cannot establish that the subject note or mortgage is ownedor controlled by the Plaintiff indenture trustee for unnamed holders of aseries of asset-backed bonds (a copy of which are not even attached to theComplaint);

(j) As a direct and proximate result of the transaction referred to in paragraphh above, the Plaintiff does not and cannot establish legal standing to even

institute a foreclosure action;

(k) As such, the allegation by the Plaintiff in paragraph 5 of the Complaintconstitutes matters which are completely devoid of factual or legal supportand are thus frivolous within the meaning of Fla.Stat. sec. 57.105;

(l) As the primary and threshold issue of legal standing to institute the Actioncannot be satisfied (which was known to you, the Law Offices of David J.

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Stern, P.A., and the Plaintiff at the time that the Action was instituted), theAction is a patently frivolous claim within the meaning of Fla.Stat. sec 57.105and the filing and prosecution thereof constitutes a fraud upon the Court.

Your client and your Firm are thus charged with actual notice of the filing of an frivolous

claim, as you, your client, and the Law Offices of David J. Stern, P.A. knew or shouldhave known that the Action was both not supported by the material (and record) factsnecessary to establish the claim for foreclosure and would not (and could not) besupported by the application of then-existing law to the material (and record) facts.

As such, this Firm has been directed to file and set for hearing, after the expiration oftwenty-one (21) days from today (that being DATE), the attached Motion for Sanctionsand to seek attorneys fees from both your client and your Firm if the demands set forthherein for immediate dismissal of the Action with Prejudice, providing of clear title to theproperty the subject of the action, refund of all monies paid by Borrower in connectionwith the original loan the subject of the Action, and payment of all attorneys fees and

costs associated with this demand are not complied with in writing by the close ofbusiness (5:00 p.m.) DAY, DATE.

Sincerely,