Legal Question in Consumer Law in Florida
Defunct Corporation
We received a lis pendens initiating lawsuit/foreclosure in Florida. The named plaintiffs, Greenpoint Mortgage funding operates as a foreign corporation here and originated the Note. Last year they became defunct having filed a certificate of surrender to the California Secretary of State. I believe their assets were acquired by Capital One. The lawsuit reads Greenpoint Mortgage Funding, Inc. Can I have this lawsuit dismissed by motion for them not having standing?
Asked on 6/10/08, 1:15 pm
1 Answer from Attorneys
Brent Rose
The Orsini & Rose Law Firm
Re: Defunct Corporation
By Florida law, a defunct corporation cannot maintain a lawsuit. You should file a motion to dismiss.
Answered on 6/10/08, 1:27 pm
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