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IN THE CIRCUIT COURT OF THE ______ JUDICIAL CIRCUIT

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IN THE CIRCUIT COURT OF THE ______ JUDICIAL CIRCUIT Powered By Docstoc
					       IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
               IN AND FOR _____________ COUNTY, FLORIDA
                             CIVIL DIVISION

[BIG BANK] NATIONAL TRUST
COMPANY, AS TRUSTEE OF NOTME
MORTGAGE ASSETS INC., ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES                           CASE NO:
      ______________
20__-xx UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF ____________, 20__,
WITHOUT RECOURSE.

                              Plaintiff,
v.

[SMART CLIENT] and [SMART CLIENT2], et. al.

                        Defendants.
________________________________________/


       MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

       Defendants, [SMART CLIENT] and [SMART CLIENT2], (“SMART”), by and
through undersigned, move for an Extension of Time to Respond to Plaintiff‟s Complaint
and as grounds therefore state:

       1.      The Plaintiff has served an action upon SMART for foreclosure of a
mortgage on real property.


       2.      SMART disputes the amounts alleged to be due and owing to the Plaintiff.


       3.      SMART has filed certain demands for disclosures and written
verifications pursuant to Federal law needed in order to properly respond to the
complaint.

       WHEREFORE, Defendants respectfully move this Court to enter an order
granting this motion with any other relief deemed just and proper.




                                                                                      1
                            CERTIFICATE OF SERVICE


       I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to:
[ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                                           [SMART CLIENT
                                           [SMART CLIENT ADDRESS]


                                           By: [SMART CLIENT SIGNATURE]
                                               PRO SE DEFENDANT




                                                                            2
                              Letter to Trustee

This letter is suited for the Trustee to put the trustee on notice that a wrong may have
occurred.

The letter must be notarized and a copy sent to the trustee of the trust




                                                                                      3
                  Name of Homeowner: your name
                  Property Address:
                  Loan #:
                  Social Security #:
                  OCC File #
                  OTS File #
                  HUD File #

Dear Trustee,


I am in receipt of Foreclosure CASE NO.: 000000000 dated insert date here .


         I hereby object to e Notice and request that you send a copy of this letter to your
insurance carrier all other interested parties as described herein for the following reasons:

       1. There is no delinquency or default. The Lender has been paid in full plus a fee
for standing in or an undisclosed third party lender that was not properly registered or
regulated as a financial institution or lender at the time the transaction took place.

      2. The Lender as failed to state the name or address of the holder in due course,
John Does 1 1000, being the holders of certificates of asset backed securities, which are
backed by the security instrument (mortgage) on the subject residential property.

      3. The Lender does not own, possess or control the note or the mortgage, which has
been satisfied in full. Demand is herewith made for satisfaction of mortgage to be filed in
the appropriate county records.

       4. Your authority as Trustee has also been transferred to the Trustee of the pooled
mortgages holder notes on various properties, real and personal, that were included in
asset pooled that was eventually securitized and sold to investors, who along with others
in the chain of securitization acquired rights and obligations t the note, mortgage, and
stream of revenue eventually due to the investor.

      5. Because of the known presence of necessary and indispensable parties to any
dispute that the true holders in due course might have against me, only a judicial
proceeding in which all parties are included will provide a fair determination of the
rights, obligation and title to the property, mortgage and note.

      6. The "loan closing" was in fact a scheme to trick me into issuing a negotiable
instrument that was pre-sold to investors as an unregulated security. The parties and their
fees were not revealed nor was the true APR disclosed, as it was inflated considerably by
the intentional overstatement of the appraisal on the property.




                                                                                             4
      7. The title agent, which might well be the same as the trustee also has insurance for
errors and missions and the title insurance company that issued the policy will have total
liability for this fraudulent transaction, to the extent it had knowledge through its agents
of the fraudulent scheme.

      The totality of the transaction violates numerous state and federal laws including,
but not limited too, usury, truth in lending, deceptive business practices, administrative
standards for the practice of professions, the fair credit reporting act, the fair debt
collections practices act and other stated black letter laws.

      Therefore, please confirm the filing and recording of the satisfaction of mortgage,
send the original note back to me (or tell me where it is), and confirm the retraction of the
attempt to collect debt which is incorrectly stated, improperly computed, improperly
obtained, and frequently produced and transmitted.

IF THIS TRANSACTION IS OR WAS COVERED UNDER ERRORS AND
OMISSIONS INSURANCE OR INDEMNIFICATION OR INVESTOR INSURANCE
OR COLLATERAL GUARANTEES OR TRANCHE ASSURANCE IN A
SECURITIZED TRANSACTION (SALE OF ASSET BACKED SECURITY WITH
ONE OR MULTIPLE TRANCHES) THESE MUST BE DISCLOSED TO THE
UNDERSIGNED your name AND A COPY OF THIS LETTER MUST BE SENT TO
ALL PARTIES WHO HAVE ACTUAL OR POTENTIAL LIABILITY, INSURANCE
OR RIGHTS OF INDEMNIFICATION.




                                          With kind regards,


                                              Your name




                                                                                             5
                             This is a letter of recession

The form is used to rescind loans within certain rules of law within this work are links
 to these laws, where you may ready and try to understand what these laws mean to
 you and how they may benefit you. The letter can be sent at any time and it must be
              sent to all the parties that is or was involved with the loan




                                                                                      6
Name of homeowner: name

Property address: address of home

Loan Number:        place number here



Name and Address of all parties.

Write all the parties here

With addresses


DATE

Via Certified Mail, Return Receipt Requested: 0000 0000 0000 0000 0000




Dear Sir or Madame,




RE: Account # XXXXXXXXXXX



Notice of Rescission




With this letter, I hereby exercise my rights under the Federal Truth in Lending Act,
15 U.S.C. § 1635, Regulation Z § 226.23, to rescind the above referenced mortgage
loan.


Pursuant to 15 U.S.C. § 1635(f), my right to rescind this loan extends to three-years
as a result of a defective Truth in Lending disclosure statement. This rescission notice
has been sent to you within that time period therefore, “I WISH TO CANCEL.”




                                                                                      7
If these accounts have been paid off, please complete the attached satisfaction of
Deed of Trust form or the Satisfaction of Mortgage, reflecting the original Decision.


Pursuant to 15 U.S.C. § 125 (b) “When an obligor exercises his right to rescind under
subsection (a), Within 20 days after receipt of a notice of rescission, the creditor shall
take any action necessary or appropriate to reflect the termination of any security
interest created under the transaction.”


(g) “In any action in which it is determined that a creditor has violated this section, in
addition to rescission the court may award relief under section 130 for violations of
this title…”


Thank you for your immediate attention to this matter.



                    Sincerely,



                    Your name




                                                                                        8
     in the circuit court of the Numberth judicial circuit, in and for NAME OF COUNTY
                                         county, florida

NAME OF PLAINTIFF,
Et al.;

                        Plaintiff,                             CASE                     NO:
XXXXXXXXXXXX
vs.

NAME OF DEFENDANT; et al.

                  Defendant.
____________________________________/

     AFFIDAVIT IN OPPOSITION OF MOTION FOR SUMMARY JUDGMENT OF
                          NAME OF DEFENDANT

STATE OF FLORIDA                       )
                                       ) SS.
COUNTY OF COUNTY NAME                  )


         BEFORE ME, the undersigned authority, personally appeared NAME OF

DEFENDANT who after being duly sworn, deposes and says:

1.       NAME OF DEFENDANT is over the age of 18 years and of sound and competent

mind to execute this affidavit.

2.       NAME OF DEFENDANT is personally familiar and has first hand knowledge of

all the matters hereinafter stated.

3.       NAME OF DEFENDANT has carefully reviewed the pleadings and facts in this

matter. NAME OF DEFENDANT has examined all records and documents kept by the

Defendant concerning the matter herein with the Plaintiff.

4.       Based upon said examination, NAME OF DEFENDANT states that:

         4.1    I did not enter into any agreement with the Plaintiff in this matter.


                                                                                          9
        4.2.     I did not sign a promissory note with the Plaintiff in this matter.

        4.3      I did not sign a Mortgage with the Plaintiff in this matter.

        4.4.     I did not borrow any monies from the Plaintiff in this matter.

        4.5      I never approved any assignment of a mortgage and a promissory note to

the     Plaintiff in this matter.

        4.6.     The real property that is being foreclosed in this matter by the Plaintiff is

my      residence.

        4.7.     As a result of the Final Judgment in this matter, I am concerned that any

third   party including but not limited to the original lender may make a claim against me

for     monies borrowed.

        4.8      Plaintiff‟s Final Summary Judgment in this matter does not provide for

any form                of indemnification against the claim by third parties, including but

not limited to                  the original lender in this matter.

        4.9      Plaintiff‟s Complaint and cause in this matter is defective (See

Defendant‟s      Motion to Dismiss).

        4.10     Plaintiff could not satisfy § 673.3091 because Plaintiff was never in

possession of the instrument.

        4.11     Discovery in this matter is pending (See Defendant‟s Request for

Production).


        FURTHER AFFIANT SAYETH NOT.




                                                                                           10
                                            _________________________________
                                            NAME OF DEFENDANT

      SWORN TO AND SUBSCRIBED that the foregoing instrument was

acknowledged before me this _____ day of __________________, 2010, by NAME OF

DEFENDANT        who     is    personally      known    to   me    or   produced

________________________ as identification.




                                            ___________________________________
                                            Notary Public, State at Large
                                            My Commission Expires:




                                                                                11
      IN THE CIRCUIT COURT OF THE NUMBER TH JUDICIAL CIRCUIT
                IN AND FOR NAME OF COUNTY, FLORIDA

NAME OF PLAINTIFF, ET AL.,

                            Plaintiff,
                                                          CASE NO:
                                                               XXXXXXXXXX

v.

NAME OF DEFENDANT

                        Defendants,
________________________________________/


                    ANSWER AND AFFIRMATIVE DEFENSES

       Defendants, NAME OF DEFENDANT by and through undersigned counsel, files
their Answer and Affirmative Defenses to Plaintiff‟s foreclosure complaint:

                                GENERAL ALLEGATIONS

      1.     Admitted.

      2.     Admitted.

      3.     Admitted.

      4.     Defendant admits he executed a promissory note in DATE, which speaks

             for itself. Defendant is without knowledge or information sufficient to

             form a belief as to the remaining allegations of paragraph 4 and therefore

             denies the allegations and demands strict proof thereof.

      5.     Defendant is without knowledge or information sufficient to form a belief

             as to the       allegations and therefore denies the allegations and

             demands strict proof thereof.




                                                                                    12
6.    Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

7.    Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

8.    Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

9.    Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

10.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

11.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

12.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.




                                                                             13
13.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

14.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

15.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

16.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.

17.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.



                               COUNT I

                   MORTGAGE FORECLOSURE

18.   Defendant is without knowledge or information sufficient to form a belief

      as to the      allegations and therefore denies the allegations and

      demands strict proof thereof.




                                                                             14
19.   Defendant is without knowledge or information sufficient to form a belief

      as to the        allegations and therefore denies the allegations and

      demands strict proof thereof.

20.   Defendant is without knowledge or information sufficient to form a belief

      as to the        allegations and therefore denies the allegations and

      demands strict proof thereof.

                               COUNT II

                  REESTABLISHMENT OF LOST NOTE

21.   Defendant is without knowledge or information sufficient to form a belief

      as to the        allegations and therefore denies the allegations and

      demands strict proof thereof.

22.   Defendant is without knowledge or information sufficient to form a belief

      as to the        allegations and therefore denies the allegations and

      demands strict proof thereof.

23.   Defendant admits he executed a promissory note and mortgage in October

      2006, which note and mortgage speak for themselves. Defendant is

      without knowledge or information sufficient to form a belief as to the

      remaining allegations and therefore denies the allegations and demands

      strict proof thereof.

24.   Defendant is without knowledge or information sufficient to form a belief

      as to the        allegations and therefore denies the allegations and

      demands strict proof thereof.




                                                                               15
   25.     Defendant is without knowledge or information sufficient to form a belief

           as to the        allegations and therefore denies the allegations and

           demands strict proof thereof.

   26.     Defendant is without knowledge or information sufficient to form a belief

           as to the        allegations and therefore denies the allegations and

           demands strict proof thereof.

   27.     Defendant is without knowledge or information sufficient to form a belief

           as to the        allegations and therefore denies the allegations and

           demands strict proof thereof.

   28.     Defendant is without knowledge or information sufficient to form a belief

           as to the        allegations and therefore denies the allegations and

           demands strict proof thereof.



                          FIRST AFFIRMATIVE DEFENSE

   This action is barred because Plaintiff is not in possession of the original

promissory note. The original promissory note was not attached as an exhibit to the

Plaintiff‟s Complaint (only a copy and not even a certified copy as “true and exact

copy”). As a result, Plaintiff‟s complaint must be dismissed.

                         SECOND AFFIRMATIVE DEFENSE

The Complaint fails to establish a reasonable chain of ownership for the note nor does

the Plaintiff fairly account for the absence of the note that is the subject matter of this

litigation other than to allege that “the note was lost, stolen, or destroyed.” As a




                                                                                         16
   result, the Plaintiff is not the real party in interest and did not have the standing to

   maintain this foreclosure action.

                             FIRST AFFIRMATIVE DEFENSE


   NAME OF LENDER‟s Failure to Provide Required Truth in Lending Disclosures;

                                         Rescission

       1.      NAME OF DEFENDANT, whose ownership interest in the residential

property being foreclosed upon with address of ________________________ (the

“Home”) is subject to the security interest created by the NAME OF PLAINTIFF

mortgage, elects to rescind the mortgage and note being foreclosed upon (the “Loan”).

       2.      BIG BANK is subject to defenses available against LENDER NAME as

an assignee of the mortgage and note and as it knew or should have known of the conduct

and acts of LENDER NAME as alleged herein and thus is further jointly and severally

liable to SMART with LENDER NAME

       3.      LENDER NAME E violated TILA and Regulation Z by, inter alia:

               a.      failing to provide accurate disclosures;

               b.      failing to provide material disclosures in a form SMART could

                       keep prior to consummation;

               c.      failing to provide SMART with notices of right to cancel that were

                       clear, conspicuous, and reflective of the parties‟ legal obligations;

                       and

               d.      charging fees that were not bona fide and reasonable in amount

                       including title, document preparation, credit report, appraisal, and

                       escrow closing fees.



                                                                                              17
       4.      Pursuant to the Truth-in-Lending Act, SMART, had an absolute right to

cancel the transaction for three business days after the transaction, or within three days of

receiving proper disclosures from LENDER NAME, after which the borrower is not

responsible for any charge or penalty.

       5.      LENDER NAME violations of the Truth-in-Lending Act give rise to a

three year continuing right of rescission on the part of SMART.

       6.      SMART hereby elects to rescind the loan transaction with WASN‟TME,

pursuant to the continuing right of rescission.

       7.      When a consumer elects to rescind pursuant to the Truth-in-Lending Act,

any security interest taken in connection with the transaction becomes void. 15 U.S.C. §

1635(b).

       8.      When a consumer elects to rescind pursuant to the Truth-in-Lending Act,

the consumer is not liable for any finance or other charge. 15 U.S.C. § 1635(b).

       9.      The mortgage that is the subject of this foreclosure action was taken in

connection with the transaction that SMART has elected to rescind.

       10.     Since the mortgage is now void, this foreclosure case must be dismissed.

       WHEREFORE, SMART prays that this Court dismiss this complaint, with

prejudice.


SECOND AFFIRMATIVE DEFENSE
    Recoupment for Violation of the Real Estate Settlement and Procedures Act

       11.     The transaction between LENDER NAME and SMART as mortgagor was

for a “federally related mortgage loan” as that term is defined in the Real Estate

Settlement and Procedures Act (“RESPA”), 12 U.S.C. § 2602(1).




                                                                                          18
        12.      LENDER NAME closing, funding and origination of this transaction are

“settlement services” as that term is defined in RESPA, 12 U.S.C. § 2601(3).

        13.      As part of the transaction, LENDER NAME required SMART to pay fees

to WASN‟TME, ____________ as closing agent of LENDER NAME, and a title

company (“____________ Title”) to refinance an existing prior loan.

        14.      The new loan with LENDER NAME provided no meaningful economic

benefit since so much equity was lost to obtain the loan and unsecured debts were rolled

into the loan.

        15.      LENDER NAME ____________ as closing agent of LENDER NAME

and ____________ Title, or some or all of the foregoing provided no goods or services

for the fees.

        16.      LENDER NAME payment of fees to _____________ as closing agent of

LENDER NAME, and _____________ Title or the requirement that SMART utilize

them and pay such fees to them violates RESPA‟s prohibition against providers of

settlement services from paying referral fees and kickbacks. 12 U.S.C. § 2607.

        17.      LENDER NAME violation of RESPA is a violation that subjects

LENDER NAME to a civil penalty of three times the amount of any charge paid for

settlement services. 12 U.S.C. § 2607(d)(2).

        18.      BIG BANK is subject to defenses available against LENDER NAME as

an assignee of the mortgage and note (the “loan”) and as it knew or should have known

of the conduct and acts of LENDER NAME as alleged herein and thus is further jointly

and severally liable to SMART with LENDER NAME.




                                                                                     19
       WHEREFORE, SMART, prays that this Court dismiss the complaint, with

prejudice, or, in the alternative, reduce the amount owed by SMART by the amount of

damages available under RESPA.

                          THIRD AFFIRMATIVE DEFENSE

  Violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes §
                                    501.201, et seq.


       19.     SMART is a consumer within the meaning of the Florida Deceptive and

Unfair Trade Practices Act (“FDUTPA”).

       20.     WASN‟TME has conducted trade or commerce with SMART within the

meaning of FDUTPA.

       21.     In the conduct of LENDER NAME trade or commerce, LENDER NAME

has engaged in unconscionable acts or practices, and unfair or deceptive acts or practices

unlawful within the meaning of FDUTPA.

       22.     LENDER NAME violated FDUTPA by, inter alia:

               a.     misrepresenting loan terms to bait SMART to obtain the loan and

       then switching to unfavorable terms at closing of the loan;

               b.     misrepresenting the loan as having no costs when in fact the loan

       given had huge up front costs rolled into the loan which stripped equity from

       SMART;

               c.     falsifying income, employment, assets and deposits to purposefully

       qualify SMART for a loan of such size as is unaffordable;




                                                                                          20
       d.      engaging in high-pressure tactics and deceit whereby SMART was

forced and induced into signing loan documents without being permitted the

opportunity of reading them;

       e.      misrepresenting the terms of the loan documents at closing and

failing to leave a true copy of loan documents in SMART‟s possession, ensuring

SMART could not review them to properly exercise SMART‟s right of rescission;

       f.      misrepresenting the existence of escrow accounts by stating

provision would be made for payment of property taxes and insurance when in

fact this was not the case in order to replace the amount of monthly payment

allocated for taxes and insurance with the payment of a higher cost loan;

       g.      forcing loans and SMART‟s loan through approval and closing

without final figures or documents in place whereby inaccurate payoff

information is used, title is not checked, accurate appraisals are not completed or

are exaggerated and closing statements are not finalized until after the statutory

right of rescission has passed and until borrower has no choice but to go through

with the loan to pay other creditors whose payments borrower has put off in

reliance upon the representations of LENDER NAME;

       h.      charging unfair and excessive fees and expenses that bear no

relation to the services rendered exceeding the fees usually charged in mortgage

transactions, and misleading borrowers about those fees and expenses;

       i.      failing to provide accurate Truth In Lending disclosures prior to

closing and then changing loan terms at closing without notice or warning; and




                                                                                 21
                 j.     placing SMART into a loan that increased SMART‟s monthly

          mortgage payments and provided absolutely no real economic benefit.



          23.    LENDER NAME unconscionable acts or practices, and unfair or

deceptive acts or practices offend established public policy.

          24.    LENDER NAME unconscionable acts or practices, and unfair or

deceptive acts or practices are immoral, unethical, oppressive, unscrupulous, or

substantially injurious to consumers, including SMART who was damaged thereby.

          25.    LENDER NAME unconscionable acts or practices, and unfair or

deceptive acts or practices involve false representations, express or implied, made to

SMART concerning material facts and intended by LENDER NAME to make SMART

rely thereon.

          26.    SMART, acting reasonably under the circumstances, relied on LENDER

NAME misrepresentations concerning the loan and was misled. But for these

misrepresentations, SMART would not have been voluntarily bound to the loan.

          27.    The acts of LENDER NAME as described herein were willful, wanton and

in conscious disregard of SMART‟s rights.

          28.    SMART is entitled to an injunction against LENDER NAME prohibiting

it from enforcing its rights to foreclose on the Home for the violations of law alleged

herein.

          29.    SMART is entitled to a declaratory judgment that the acts or practices

alleged violate FDUTPA.




                                                                                    22
       WHEREFORE, SMART prays that this Court dismiss the Complaint with

prejudice, or in the alternative, reduce the amount owed by SMART by the amount of

damages available under FDUTPA.


FOURTH AFFIRMATIVE DEFENSE
                    Intentional Misrepresentation

       30.    WASN‟TME made false statements to SMART including that the loan

would be at no cost, would include escrows, that they would act in SMART‟s best

interest, obtain a fixed rate   7% loan which would be to SMART‟s benefit, lower

SMART‟s monthly payment, and pay off SMART‟s debts and none of the statements

were true.

       31.    WASN‟TME also misrepresented and purposely failed to disclose the

amount it was charging SMART for its purported services.

       32.    LENDER NAME misrepresented the terms and finance charges imposed

on the loan. LENDER NAME and LENDER NAME closing agent _____________

misrepresented the import and contents of the documents which SMART signed at

closing, and concealed the terms of the loan while requiring SMART to sign the

documents.

       33.    LENDER NAME and ___________ as closing agent of LENDER NAME

and _____________ Title entered into a conspiracy to defraud SMART by agreeing to

the payment of kickbacks for the purpose of getting SMART to accept the loan without

disclosing to SMART the purpose and nature of the fees and charges constituting the

kickback and that $_______ in closing costs would be paid off from equity in the Home.




                                                                                    23
         34.   The misrepresentations were material in nature, as they concerned the

basic terms and benefits of the loan.

         35.   LENDER NAME and its employees and agents knew that their

representations were false at the time they were made.

         36.   LENDER NAME knew that its Truth In Lending disclosures were

inaccurate.

         37.   WASN‟TME knew that representations to SMART at the closing were

false.

         38.   The misrepresentations and omissions were made with the intent to induce

SMART‟s reliance and thereby to enter into the transaction.

         39.   SMART reasonably and detrimentally relied on LENDER NAME‟s

misrepresentations.



         WHEREFORE, PAPA prays that this Court dismiss the Complaint with prejudice,

or in the alternative, reduce the amount owed by PAPA by the amount of PAPA‟s

damages.




                              DEMAND FOR JURY TRIAL
         YOUR NAME demands a trial by jury on all counts.




                              CERTIFICATE OF SERVICE
         I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to:



                                                                                    24
[ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                               [SMART CLIENT
                               [SMART CLIENT ADDRESS]


                               By: [SMART CLIENT SIGNATURE]
                                   PRO SE DEFENDANT




                                                              25
       IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
               IN AND FOR _____________ COUNTY, FLORIDA
                             CIVIL DIVISION

[BIG BANK] NATIONAL TRUST
COMPANY, AS TRUSTEE OF NOTME
MORTGAGE ASSETS INC., ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES                          CASE NO:
      ______________
20__-xx UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF AUGUST __, 20__,
WITHOUT RECOURSE.

                             Plaintiff,
v.

[SMART CLIENT] and [SMART CLIENT2], et. al.

                             Defendants.


v.

WASN‟TME MORTGAGE LENDER,

Counter-Defendant
________________________________________/


                   ANSWER, DEFENSES AND COUNTERCLAIM

       Defendants, [SMART CLIENT] and [SMART CLIENT2], (“SMART”) by and
through undersigned counsel, answer the foreclosure complaint [BIG BANK], (“BIG
BANK”), and allege:


       29.    Admitted to the extent BIG BANK is actually the owner and holder of the

note and mortgage and is in possession of same.

       30.    Admitted Exhibits A and B speak for themselves and that the home was

and is the home of SMART. The rest is denied.

       31.    Admitted Exhibit C speaks for itself. The rest is denied.



                                                                                  26
       32.       Without knowledge and therefore denied.

       33.       Admitted payment has not been made but denied that SMART is liable for

any default.

       34.       Denied.

       35.       Denied as Plaintiff has no entitlement to do so.

       36.       Without knowledge and therefore denied.

       37.       Denied as to SMART.

       38.       Admitted as to ownership of SMART. The rest is denied.

       39.       Without knowledge and therefore denied.

       40.       Without knowledge and therefore denied.

       41.       Without knowledge and therefore denied.

       42.       Denied.

       43.       Denied.

                             FIRST AFFIRMATIVE DEFENSE


  WASN‟TME‟s Failure to Provide Required Truth in Lending Disclosures; Rescission

       4.        SMART, whose ownership interest in the residential property being

foreclosed upon with address of ________________________ (the “Home”) is subject to

the   security    interest   created   by   the   WASN‟TME          MORTGAGE   LENDER

(“WASN‟TME”) mortgage, elects to rescind the mortgage and note being foreclosed

upon (the “Loan”).

       5.        BIG BANK is subject to defenses available against WASN‟TME as an

assignee of the mortgage and note and as it knew or should have known of the conduct




                                                                                    27
and acts of WASN‟TME as alleged herein and thus is further jointly and severally liable

to SMART with WASN‟TME.

       6.      WASN‟TME violated TILA and Regulation Z by, inter alia:

               a.      failing to provide accurate disclosures;

               b.      failing to provide material disclosures in a form SMART could

                       keep prior to consummation;

               c.      failing to provide SMART with notices of right to cancel that were

                       clear, conspicuous, and reflective of the parties‟ legal obligations;

                       and

               d.      charging fees that were not bona fide and reasonable in amount

                       including title, document preparation, credit report, appraisal, and

                       escrow closing fees.

       40.     Pursuant to the Truth-in-Lending Act, SMART, had an absolute right to

cancel the transaction for three business days after the transaction, or within three days of

receiving proper disclosures from WASN‟TME, after which the borrower is not

responsible for any charge or penalty.

       41.     WASN‟TME‟s violations of the Truth-in-Lending Act give rise to a three

year continuing right of rescission on the part of SMART.

       42.     SMART hereby elects to rescind the loan transaction with WASN‟TME,

pursuant to the continuing right of rescission.

       43.     When a consumer elects to rescind pursuant to the Truth-in-Lending Act,

any security interest taken in connection with the transaction becomes void. 15 U.S.C. §

1635(b).




                                                                                          28
        44.      When a consumer elects to rescind pursuant to the Truth-in-Lending Act,

the consumer is not liable for any finance or other charge. 15 U.S.C. § 1635(b).

        45.      The mortgage that is the subject of this foreclosure action was taken in

connection with the transaction that SMART has elected to rescind.

        46.      Since the mortgage is now void, this foreclosure case must be dismissed.

        WHEREFORE, SMART prays that this Court dismiss this complaint, with

prejudice.


SECOND AFFIRMATIVE DEFENSE
    Recoupment for Violation of the Real Estate Settlement and Procedures Act

        47.      The transaction between WASN‟TME and SMART as mortgagor was for

a “federally related mortgage loan” as that term is defined in the Real Estate Settlement

and Procedures Act (“RESPA”), 12 U.S.C. § 2602(1).

        48.      WASN‟TME‟s closing, funding and origination of this transaction are

“settlement services” as that term is defined in RESPA, 12 U.S.C. § 2601(3).

        49.      As part of the transaction, WASN‟TME required SMART to pay fees to

WASN‟TME, ____________ as closing agent of WASN‟TME, and a title company

(“____________ Title”) to refinance an existing prior loan.

        50.      The new loan with WASN‟TME provided no meaningful economic

benefit since so much equity was lost to obtain the loan and unsecured debts were rolled

into the loan.

        51.      WASN‟TME, ____________ as closing agent of WASN‟TME, and

____________ Title, or some or all of the foregoing provided no goods or services for the

fees.




                                                                                        29
       52.    WASN‟TME‟s payment of fees to _____________ as closing agent of

WASN‟TME, and _____________ Title or the requirement that SMART utilize them and

pay such fees to them violates RESPA‟s prohibition against providers of settlement

services from paying referral fees and kickbacks. 12 U.S.C. § 2607.

       53.    WASN‟TME‟s violation of RESPA is a violation that subjects

WASN‟TME to a civil penalty of three times the amount of any charge paid for

settlement services. 12 U.S.C. § 2607(d)(2).

       54.    BIG BANK is subject to defenses available against WASN‟TME as an

assignee of the mortgage and note (the “loan”) and as it knew or should have known of

the conduct and acts of WASN‟TME as alleged herein and thus is further jointly and

severally liable to SMART with WASN‟TME.

       WHEREFORE, SMART, prays that this Court dismiss the complaint, with

prejudice, or, in the alternative, reduce the amount owed by SMART by the amount of

damages available under RESPA.

                          THIRD AFFIRMATIVE DEFENSE

  Violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes §
                                    501.201, et seq.


       55.    SMART is a consumer within the meaning of the Florida Deceptive and

Unfair Trade Practices Act (“FDUTPA”).

       56.    WASN‟TME has conducted trade or commerce with SMART within the

meaning of FDUTPA.




                                                                                          30
       57.    In the conduct of WASN‟TME‟s trade or commerce, WASN‟TME has

engaged in unconscionable acts or practices, and unfair or deceptive acts or practices

unlawful within the meaning of FDUTPA.

       58.    WASN‟TME violated FDUTPA by, inter alia:

              k.      misrepresenting loan terms to bait SMART to obtain the loan and

       then switching to unfavorable terms at closing of the loan;

              l.      misrepresenting the loan as having no costs when in fact the loan

       given had huge up front costs rolled into the loan which stripped equity from

       SMART;

              m.      falsifying income, employment, assets and deposits to purposefully

       qualify SMART for a loan of such size as is unaffordable;

              n.      engaging in high-pressure tactics and deceit whereby SMART was

       forced and induced into signing loan documents without being permitted the

       opportunity of reading them;

              o.      misrepresenting the terms of the loan documents at closing and

       failing to leave a true copy of loan documents in SMART‟s possession, ensuring

       SMART could not review them to properly exercise SMART‟s right of rescission;

              p.      misrepresenting the existence of escrow accounts by stating

       provision would be made for payment of property taxes and insurance when in

       fact this was not the case in order to replace the amount of monthly payment

       allocated for taxes and insurance with the payment of a higher cost loan;

              q.      forcing loans and SMART‟s loan through approval and closing

       without final figures or documents in place whereby inaccurate payoff




                                                                                     31
       information is used, title is not checked, accurate appraisals are not completed or

       are exaggerated and closing statements are not finalized until after the statutory

       right of rescission has passed and until borrower has no choice but to go through

       with the loan to pay other creditors whose payments borrower has put off in

       reliance upon the representations of WASN‟TME;

               r.      charging unfair and excessive fees and expenses that bear no

       relation to the services rendered exceeding the fees usually charged in mortgage

       transactions, and misleading borrowers about those fees and expenses;

               s.      failing to provide accurate Truth In Lending disclosures prior to

       closing and then changing loan terms at closing without notice or warning; and

               t.      placing SMART into a loan that increased SMART‟s monthly

       mortgage payments and provided absolutely no real economic benefit.



       59.     WASN‟TME‟s unconscionable acts or practices, and unfair or deceptive

acts or practices offend established public policy.

       60.     WASN‟TME‟s unconscionable acts or practices, and unfair or deceptive

acts or practices are immoral, unethical, oppressive, unscrupulous, or substantially

injurious to consumers, including SMART who was damaged thereby.

       61.     WASN‟TME‟s unconscionable acts or practices, and unfair or deceptive

acts or practices involve false representations, express or implied, made to SMART

concerning material facts and intended by WASN‟TME to make SMART rely thereon.




                                                                                        32
          62.   SMART, acting reasonably under the circumstances, relied on

WASN‟TME‟s misrepresentations concerning the loan and was misled. But for these

misrepresentations, SMART would not have been voluntarily bound to the loan.

          63.   The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

          64.   SMART is entitled to an injunction against WASN‟TME prohibiting it

from enforcing its rights to foreclose on the Home for the violations of law alleged

herein.

          65.   SMART is entitled to a declaratory judgment that the acts or practices

alleged violate FDUTPA.

          WHEREFORE, SMART prays that this Court dismiss the Complaint with

prejudice, or in the alternative, reduce the amount owed by SMART by the amount of

damages available under FDUTPA.


FOURTH AFFIRMATIVE DEFENSE
                    Intentional Misrepresentation

          66.   WASN‟TME made false statements to SMART including that the loan

would be at no cost, would include escrows, that they would act in SMART‟s best

interest, obtain a fixed rate   7% loan which would be to SMART‟s benefit, lower

SMART‟s monthly payment, and pay off SMART‟s debts and none of the statements

were true.

          67.   WASN‟TME also misrepresented and purposely failed to disclose the

amount it was charging SMART for its purported services.




                                                                                   33
         68.   WASN‟TME misrepresented the terms and finance charges imposed on

the loan.

         69.   WASN‟TME         and     WASN‟TME‟s    closing   agent    _____________

misrepresented the import and contents of the documents which SMART signed at

closing, and concealed the terms of the loan while requiring SMART to sign the

documents.

         70.   WASN‟TME and ___________ as closing agent of WASN‟TME, and

_____________ Title entered into a conspiracy to defraud SMART by agreeing to the

payment of kickbacks for the purpose of getting SMART to accept the loan without

disclosing to SMART the purpose and nature of the fees and charges constituting the

kickback and that $_______ in closing costs would be paid off from equity in the Home.

         71.   The misrepresentations were material in nature, as they concerned the

basic terms and benefits of the loan.

         72.   WASN‟TME and its employees and agents knew that their representations

were false at the time they were made.

         73.   WASN‟TME knew that its Truth In Lending disclosures were inaccurate.

         74.   WASN‟TME knew that representations to SMART at the closing were

false.

         75.   The misrepresentations and omissions were made with the intent to induce

SMART‟s reliance and thereby to enter into the transaction.

         76.   SMART      reasonably and     detrimentally relied   on   WASN‟TME‟s

misrepresentations.




                                                                                    34
       WHEREFORE, SMART prays that this Court dismiss the Complaint with

prejudice, or in the alternative, reduce the amount owed by SMART by the amount of

SMART‟s damages.



                                    COUNTERCLAIM

       __________ SMART and ____________ SMART (“SMART”) by and through

undersigned counsel, sue BIG BANK BANK NATIONAL TRUST COMPANY AS

TRUSTEE OF WASN‟TME MORTGAGE ASSETS INC., (“BIG BANK”) and

WASN‟TME MORTGAGE LENDER (“WASN‟TME”), and allege:



       1.      SMART seeks both legal and equitable relief arising out of residential

mortgage financing on SMART‟S residential property located in ____________ County,

Florida (the “Home”) including breach of contract, misrepresentation, deceptive and

unfair trade practices, and criminal practices in connection therewith.


 WASN‟TME‟s PRACTICES CONSTITUTE A PATTERN OF ILLEGAL ACTIVITY


       2.      WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of unfair, unlawful, illegal and deceptive business practices in

soliciting, inducing and closing residential loan transactions in Florida, which damaged

SMART and violated SMART‟s rights.

       3.      WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of “bait and switch” practices whereby WASN‟TME lures

borrowers to apply for a WASN‟TME loan with promises that their loans will have



                                                                                          35
certain terms and conditions such as a low interest rate, low monthly payments, or fixed

rates of interest with “no costs” up front, to induce them to sign loan documents with

significantly less favorable terms and conditions and in fact, with terms and conditions

never requested or disclosed such as high variable rates of interest, points which must be

paid for the making of the loan, prepayment penalties which continue to be in effect after

any period of fixed rate interest, and huge up front costs rolled into the loan which strip

equity from borrowers.

       4.      WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent and illegal pattern of falsification of income, employment, assets and

deposits to purposefully qualify borrowers for larger loans than they can afford without

borrowers‟ knowledge or consent. WASN‟TME thereby wrongfully induces borrowers

to enter into mortgages that burden them with monthly payments that exceed their

monthly income or which WASN‟TME knows or should know borrowers‟ actual income

will not support.

       5.      WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of high-pressure tactics and deceit whereby borrowers are

forced and induced into signing loan documents without being permitted the opportunity

of reading them while misleading borrowers about the contents of those documents and

representing that there is no need or time to read them.        During loan transactions,

WASN‟TME fails to provide required disclosures, including the statutorily mandated

Notice of Right to Cancel. WASN‟TME circumvents statutory protections by misleading

borrowers about loan terms and failing to leave a true copy of loan documents in




                                                                                        36
borrowers‟ possession, ensuring they cannot review them to properly exercise their right

of rescission.

       6.        WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of misrepresentation of the use of escrow accounts whereby

the borrower is told that provision will be made in their loan for payment of property

taxes and insurance when in fact this is not the case.          WASN‟TME intentionally

misrepresents that their loan provides for a low monthly payment without disclosing that

in fact escrow payments for taxes and insurance have not been included in the monthly

loan payment.

       7.        WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of forcing loans through approval and closing without final

figures or documents in place whereby inaccurate payoff information is used, title is not

checked, accurate appraisals are not completed and closing statements are not finalized at

or before closing all to the detriment of the borrower who does not obtain final figures

until after the statutory right of rescission has passed and until borrower has no choice but

to go through with the loan to pay other creditors whose payments borrower has put off in

reliance upon the representations of WASN‟TME.

       8.        WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of obtaining false appraisals of properties in amounts suited to

generate the highest loan fees for the largest loan obtainable from the borrower.

       9.        WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of charging unfair and excessive fees and expenses that bear

no relation to the services rendered, the borrower‟s credit or risk profile, or other




                                                                                          37
legitimate considerations, and in misleading borrowers about those fees and expenses.

WASN‟TME profits from the exorbitant fees and expenses they strip from borrowers‟

equity in originating these loans and profit again by quickly selling the loans for inclusion

in mortgage-backed securities or by refinancing the borrower repeatedly.

       10.     WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of intentional and unlawful violation of 15 U.S.C. § 1601 et

seq. (Truth in Lending Act), 12 U.S.C. § 2601 et seq. (Real Estate Settlement Procedures

Act), 15 U.S.C. § 1691 et seq. (Equal Credit Opportunity Act) and related state laws.

WASN‟TME fails to provide required disclosures including, but not limited to the HUD-

1 statement, Notice of Right to Cancel, a “good faith” Good Faith Estimate, the

settlement process information booklet and all other disclosures required under TILA and

the RESPA. WASN‟TME fails to timely provide required notice of approval of,

counteroffer to, or adverse action on borrowers‟ loan applications.

       11.     WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of oppressive and harassing marketing techniques to induce

consumers to obtain loans with unfavorable terms. Borrowers are bombarded by mailers,

telephone calls and personal visits by WASN‟TME‟s Account Executives (“AEs”) who

utilize WASN‟TME‟s misleading sales approaches developed and implemented by

WASN‟TME whereby borrowers are invited to “consolidate their debts” or obtain money

for remodeling all under the misleading pretext that such loans are at “no cost” and will

enable consumers to reduce their monthly payments.

       12.     WASN‟TME was and is engaged in, and did so engage in the case sub

judice, a persistent pattern of misrepresenting to borrowers that any “inaccuracies” or




                                                                                          38
“mistakes” in their loan documents, including the improper practices related to interest

rates, fixed or variable loans, prepayment penalties and escrow payments will be adjusted

by “head office” when in truth WASN‟TME attempts to refinance borrowers to give

them loan terms more closely resembling terms initially represented by WASN‟TME and

asked for by the borrower.

       13.     WASN‟TME engages in this persistent pattern of practices, and did so

engage in the case sub judice, intentionally, maliciously, and with conscious disregard for

borrowers‟ legal rights and financial wellbeing. Despite numerous lawsuits, government

investigations and community group actions aimed at stopping WASN‟TME‟s predatory,

illegal and otherwise wrongful lending practices, and despite WASN‟TME‟s repeated

promises of remedial measures in settlement agreements, WASN‟TME continues to run

its operations in a manner that enables, encourages and rewards these practices.

               a.     WASN‟TME customers filed over ______ complaints with the

       Federal Trade Commission from 20___ through 20___. In June 20___,

       WASN‟TME agreed to a $225,000,000.00, settlement to resolve predatory

       lending allegations brought by various states‟ attorneys general requiring

       restitution be paid to consumers and further requiring sweeping reforms of

       WASN‟TME‟s business practices.

               b.     A class action lawsuit filed in __________ County, state of

       _______________ was settled in January 20___ for $75,000,000.00. The suit

       alleged various predatory lending practices committed by WASN‟TME including

       giving borrowers adjustable interest rates when a fixed rate had been initially

       promised, giving a higher than promised interest rate, requiring points to be paid




                                                                                        39
       when the loan was sold as having no cost, including prepayment penalty terms

       when none were disclosed, and failing to disclose the monthly payment would

       exclude taxes and insurance.




                    BACKGROUND OF LOAN TRANSACTION

       14.    SMART owns the home located in _____________ County Florida at

_______________ (the “Home”).

       15.    In or around _________________ of _________________ SMART

wished to refinance the existing loan on the Home.

       16.    The WASN‟TME “Account Executive” (“AE”) who handled the loan was

_________________ out of the _________________, Florida office of WASN‟TME who

thereafter filled out all paper work which resulted in the loan secured by the Home as

evidenced by that certain promissory note and mortgage executed on __________, and

recorded on ___________, (the “loan”).

       17.    The AE suggested that _________________ be put on the loan application

to help SMART qualify for a fixed rate mortgage.

       18.    In addition to the loan, the AE also refinanced _________________ home

at _________________, Florida at the same time.

       19.    The    AE    and   WASN‟TME         failed   to   disclose   that   in   using

_________________ as a borrower on the loan, he would be the only borrower on the

loan and SMART would have no ability or authority to discuss or negotiate the loan with




                                                                                         40
WASN‟TME after closing, that _________________ would be placed on title, and that

_________________ debts would be paid off from SMART‟S equity.

       20.     Though     a   title   company   listed   on   the   closing   statement   as

_________________ Title (“____________ Title”) issued a lenders policy on the loan,

the loan was closed by WASN‟TME, and the AE and __________ as closing agent of

WASN‟TME, conducted the closing, obtained signatures on the closing documents and

had the mortgage and other closing documents notarized.

       21.     _________________ Title, utilized by WASN‟TME, was the settlement

agent for the loan and disbursed funds and issued a lenders title insurance policy on the

Home. WASN‟TME also employed a separate notary, _________________, as closing

agent responsible to have SMART execute closing documents at closing.

       22.     WASN‟TME, in connection with the loan, failed to properly disclose the

final loan terms including but not limited to a prepayment penalty provision and that

closing costs would exceed $_________________.

       23.     In addition, WASN‟TME delivered rescission notices that were blank and

did not provide a specific date before which SMART could exercise the right to rescind

the loan. This resulted in the inability of SMART to make an informed decision to

exercise the right of rescission within three days from closing in violation of Federal law.

       24.      In order to close the loan, the AE caused a quit-claim deed to be executed

by SMART which placed _________________ on the title of the Home and collected

only 70 cents for documentary stamp taxes which was the improper amount based on the

existing mortgage balance.




                                                                                          41
       25.     The closing on the loan was conducted in such a way as to purposefully

prevent and withhold full disclosure of the actual loan terms to SMART.

       26.     WASN‟TME now complains that SMART has not abided by the terms of

the loan though it refused to resolve any of the deficiencies on the loan and

misrepresentations made in connection with the origination of the loan.

       27.     The loan was a loan SMART could not afford and WASN‟TME knew

SMART could not afford the loan and refinanced the Home using an inflated appraisal.

       28.     In fact notwithstanding all of these facts known to WASN‟TME, it made

the loan unaffordable by including undisclosed costs and by not including escrows for

taxes and insurance in the monthly mortgage payment.

       29.     Thereafter, WASN‟TME engaged in a persistent pattern of outrageous

collection conduct aimed at harassing and intimidating SMART.

       30.     WASN‟TME‟s conduct, including misrepresenting the terms of the loan

and misrepresenting the true applicant of the loan as _________________ to show an

ability to repay a higher loan amount violates all applicable state and Federal laws.

       31.     WASN‟TME further failed to include property taxes that were due and

payable.

       32.     The conduct of WASN‟TME was designed to, and in fact did, result in

stripping equity from the Home and leaving SMART liable on an ever increasing loan

amount in order to keep the Home.

       33.     The conduct of WASN‟TME was designed to, and in fact did, result in

SMART being placed into a loan SMART could not afford to pay with no regard for

SMART‟s actual debt-to-income ratios and SMART‟s actual ability to pay but based




                                                                                        42
solely on the value of the Home as determined/influenced by WASN‟TME itself which is

a classic indication of predatory lending.

        34.     SMART‟s ownership interest in the Home is subject to the security

interest created by the WASN‟TME mortgage securing the loan.

        35.     BIG BANK is subject to defenses and claims available against

WASN‟TME as an assignee of the mortgage and note and since it knew or should have

known of the conduct and acts of WASN‟TME as alleged herein and thus is further

jointly and severally liable to SMART with WASN‟TME.

                                FIRST CAUSE OF ACTION

   Violation of the Truth in Lending Act, 15 U.S.C. § 1601 et seq. and Federal Reserve
                          Regulation Z, 12 C.F.R. § 226.1 et seq.


        36.     SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        37.     WASN‟TME is a creditor within the meaning of the Truth in Lending Act

(“TILA”) as implemented by Regulation Z.

        38.     WASN‟TME violated TILA and Regulation Z by, inter alia:

                a. failing to provide accurate disclosures;

                b. failing to provide material disclosures in a form SMART could keep

                    prior to consummation;

                c. failing to provide SMART with notices of right to cancel that were

                    clear, conspicuous, and reflective of the parties‟ legal obligations; and




                                                                                           43
                d. charging fees that were not bona fide and reasonable in amount

                    including title, document preparation, credit report, appraisal, and

                    escrow closing fees.

        39.     WASN‟TME has been unjustly enriched at the expense of SMART, who

therefore is entitled to equitable restitution, disgorgement and rescission for failure to

make clear, conspicuous, and accurate material disclosures.

        40.     The closing on the loan was conducted in such a way as to purposefully

prevent and withhold full disclosure of the actual loan terms to SMART.

        41.     Copies of loan documents were not delivered to SMART at closing and it

was not until SMART retained counsel that SMART was able to understand how

SMART‟s rights were violated.

        42.     The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

        43.     SMART is entitled to an injunction against WASN‟TME prohibiting it

from enforcing its rights to foreclose on Home for the violations of law alleged herein.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

        a.      Actual damages;
        b.      Statutory damages;
        c.      Disgorgement of profits;
        d.      Restitution;
        e.      Rescission;
        f.      Injunctive relief; and
        g.      Attorneys‟ fees and costs pursuant to 15 U.S.C. § 1640(a).


                              SECOND CAUSE OF ACTION




                                                                                           44
  Violation of the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. and
                Federal Reserve Regulation X, 24 C.F.R. § 3500.1 et seq.


        44.     SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        45.     WASN‟TME provided settlement services within the meaning of the Real

Estate Settlement Procedures Act (“RESPA”) as implemented by Regulation X.

        46.     The loan is a federally regulated mortgage loan as defined in the Real

Estate Settlement Procedures Act 12 U.S.C. § 2602.

        47.     WASN‟TME had an agreement or understanding for the referral of

settlement service business incident to or part of a settlement service established by

practice, pattern and course of conduct between itself ________ and ________ Title.

        48.     WASN‟TME, ________ and ________ Title did refer settlement service

business to each other.

        49.     WASN‟TME did give and receive a fee, kickback or other thing of value

for the referral of settlement service business.

        50.     WASN‟TME gave and received a portion, split or percentage of fees

charged other than for services performed in connection with the closing of the loan.

        51.     WASN‟TME did charge fees for which no or nominal services were

performed and for which duplicative fees were charged constituting an unearned fee or

were not reasonably related to the services performed.

        52.     WASN‟TME did receive a portion of charges for settlement services for

which no services were actually performed.




                                                                                         45
        53.     WASN‟TME charged SMART for the preparation of disclosure

statements required by the Truth in Lending Act, the HUD-1 Settlement Statement and/or

escrow statement.

        54.     WASN‟TME further violated RESPA by failing to provide servicing

disclosures required by RESPA in an accurate and timely fashion.

        55.     WASN‟TME further violated RESPA by failing to respond to SMART‟s

inquiry into the servicing of SMART‟s loan account in an accurate and timely fashion.

        56.     WASN‟TME has been unjustly enriched at the expense of SMART, who

therefore is entitled to equitable restitution and disgorgement of profits realized by

WASN‟TME.

        57.     The closing on the loan was conducted in such a way as to purposefully

prevent and withhold full disclosure of the actual loan terms to SMART.

        58.     Copies of loan documents were not delivered to SMART at closing and it

was not until SMART retained counsel that SMART was able to understand how

SMART‟s rights were violated.

        59.     The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

        60.     SMART is entitled to an injunction against WASN‟TME prohibiting it

from enforcing its rights to foreclose on Home for the violations of law alleged herein.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

        a.      Actual damages up to three times the amount of each violative charge;
        b.      Actual damages for each failure to comply;
        c.      Disgorgement of profits;
        d.      Restitution;



                                                                                           46
        e.      Injunctive relief; and
        f.      Attorneys‟ fees and costs pursuant to 12 U.S.C. § 2605(f) and § 2607(d).


                                THIRD CAUSE OF ACTION

   Violation of the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. and Federal
                  Reserve Board Regulation B, 12 C.F.R. § 202.1 et seq.


        61.     SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        62.     WASN‟TME is a creditor within the meaning of the Equal Credit

Opportunity Act (“ECOA”) as implemented by Regulation B.

        63.     WASN‟TME violated ECOA and Regulation B by, inter alia:

                a. failing to timely provide SMART with required notice of approval of,

                    counteroffer to, or adverse action on SMART‟s loan application;

                b. changing SMART‟s loan terms at closing and claiming they were

                    unable to obtain the promised terms;

                c. engaging in bait-and-switch tactics whereby bait by attractive terms

                    offered turned into a switch to a loan with a higher principle amount,

                    cost and rate; and

                d. creating the fiction that WASN‟TME was accepting an offer to extend

                    credit which WASN‟TME itself had created for SMART on changed

                    and unfavorable terms.

        64.     The closing on the loan was conducted in such a way as to purposefully

prevent and withhold full disclosure of the actual loan terms to SMART.




                                                                                         47
        65.     Copies of loan documents were not delivered to SMART at closing and it

was not until SMART retained counsel that SMART was able to understand how

SMART‟s rights were violated.

        66.     The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

        67.     SMART is entitled to an injunction against WASN‟TME prohibiting it

from enforcing its rights to foreclose on Home for the violations of law alleged herein.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                a.   Actual damages;
                b.   Disgorgement of profits;
                c.   Restitution;
                d.   Punitive damages up to $10,000;
                e.   Injunctive relief;
                f.   Attorneys‟ fees and costs pursuant to 15 U.S.C. § 1691e.


                              FOURTH CAUSE OF ACTION

  Violation of the Florida Deceptive and Unfair Trade Practices Act, Florida Statutes §
                                    501.201, et seq.


        68.     SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        69.     This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney„s fees, and for injunctive relief.

        70.     SMART is a consumer within the meaning of the Florida Deceptive and

Unfair Trade Practices Act (“FDUTPA”).




                                                                                           48
       71.      WASN‟TME has conducted trade or commerce with SMART within the

meaning of FDUTPA.

       72.      In the conduct of WASN‟TME‟s trade or commerce, WASN‟TME has

engaged in unconscionable acts or practices, and unfair or deceptive acts or practices

unlawful within the meaning of FDUTPA.

       73.      WASN‟TME failed to disclose that in using ________ as a borrower on

the loan, he would be the only borrower on the loan and SMART would have no ability

or authority to discuss or negotiate the loan with WASN‟TME after closing, that

________ would be placed on title, and that ________ debts would be paid off from

SMART‟s equity.

       74.      In addition, WASN‟TME violated FDUTPA by, inter alia:

             a. misrepresenting loan terms to bait SMART to obtain the loan and then

                switching to unfavorable terms at closing of the loan;

             b. misrepresenting the loan as having no costs when in fact the loan given

                had huge up front costs rolled into the loan which stripped equity from

                SMART;

             c. falsifying income, employment, assets and deposits to purposefully qualify

                SMART for a loan of such size as is unaffordable;

             d. engaging in high-pressure tactics and deceit whereby SMART was forced

                and induced into signing loan documents without being permitted the

                opportunity of reading them;

             e. misrepresenting the terms of the loan documents at closing and failing to

                leave a true copy of loan documents in SMART‟s possession, ensuring




                                                                                       49
                SMART could not review them to properly exercise SMART‟s right of

                rescission;

             f. misrepresenting the existence of escrow accounts by stating provision

                would be made for payment of property taxes and insurance when in fact

                this was not the case in order to replace the amount of monthly payment

                allocated for taxes and insurance with the payment of a higher cost loan;

             g. forcing loans and SMART‟s loan through approval and closing without

                final figures or documents in place whereby inaccurate payoff information

                is used, title is not checked, accurate appraisals are not completed or are

                exaggerated and closing statements are not finalized until after the

                statutory right of rescission has passed and until borrower has no choice

                but to go through with the loan to pay other creditors whose payments

                borrower has put off in reliance upon the representations of WASN‟TME;

             h. charging unfair and excessive fees and expenses that bear no relation to

                the services rendered exceeding the fees usually charged in mortgage

                transactions, and misleading borrowers about those fees and expenses;

             i. failing to provide accurate Truth In Lending disclosures prior to closing

                and then changing loan terms at closing without notice or warning; and

             j. placing SMART into a loan that increased SMART‟s monthly mortgage

                payments and provided absolutely no real economic benefit.

       75.      WASN‟TME‟s unconscionable acts or practices, and unfair or deceptive

acts or practices offend established public policy.




                                                                                            50
        76.     WASN‟TME‟s unconscionable acts or practices, and unfair or deceptive

acts or practices are immoral, unethical, oppressive, unscrupulous, or substantially

injurious to consumers, including SMART who was damaged thereby.

        77.     WASN‟TME‟s unconscionable acts or practices, and unfair or deceptive

acts or practices involve false representations, express or implied, made to SMART

concerning material facts and intended by WASN‟TME to make SMART rely thereon.

        78.     SMART, acting reasonably under the circumstances, relied on

WASN‟TME‟s misrepresentations concerning the loan and was misled. But for these

misrepresentations, SMART would not have been voluntarily bound to the loan.

        79.     The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

        80.     SMART is entitled to an injunction against WASN‟TME prohibiting it

from enforcing its rights to foreclose on Home for the violations of law alleged herein.

        81.     SMART is entitled to a declaratory judgment that the acts or practices

alleged violate FDUTPA.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                a.   Actual damages;
                b.   Prejudgment interest;
                c.   Declaratory judgment;
                d.   Injunctive relief;
                e.   Attorneys‟ fees and costs pursuant to section 501.2105, Florida
                     Statutes.


                                FIFTH CAUSE OF ACTION

  Violation of the Florida Civil Remedies for Criminal Practices Act, Florida Statutes §
                                     772.101 et seq.



                                                                                           51
        82.        SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        83.        This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney„s fees.

        84.        WASN‟TME is an enterprise within the meaning of the Florida Civil

Remedies for Criminal Practices Act (“Act”).

        85.        WASN‟TME has engaged in a pattern of criminal activity within the

meaning of the Act.

        86.        WASN‟TME has engaged in a pattern of criminal activity to acquire or

maintain, directly or indirectly, any interest in or control of the Home.

        87.        WASN‟TME‟s criminal activity consists of committing, to attempt to

commit, or conspiring to commit, or to solicit, coerce, or intimidate another person to

commit:

              a. transacting insurance required on its loans and on SMART‟s loan without

                   a certificate of authority in violation of Section 624.401, Florida Statutes;

              b.   gross fraud by altering documents, falsifying borrower applications,

                   exaggerating appraisals, forging signatures, falsifying income and assets

                   of borrowers and of SMART in violation of Section 817.29, Florida

                   Statutes; and

              c. fraudulently connecting parts of genuine instruments by cutting and taping

                   and through the use of liquid paper and re-copying of loan documents of

                   borrowers and of SMART in violation of section 831.12, Florida Statutes.




                                                                                               52
        88.     WASN‟TME acts of criminal activity have the same or similar intents,

results, accomplices, victims, or methods of commission or otherwise are interrelated by

distinguishing characteristics and are not isolated incidents.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                a. Threefold actual damages;
                b. Prejudgment interest;
                c. Attorneys‟ fees and costs pursuant to section 772.104 and 772.185,
                   Florida Statutes.


                                SIXTH CAUSE OF ACTION

                        INTENTIONAL MISREPRESENTATION

        89.     SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        90.     This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney„s fees.

        91.     WASN‟TME made false statements to SMART including that the loan

would be at no cost, would include escrows, that they would act in SMART‟s best

interest, obtain a fixed rate 7% loan which would be to SMART‟s benefit, lower

SMART‟s monthly payment, and pay off SMART‟s debts and none of the statements

were true.

        92.     WASN‟TME misrepresented and failed to disclose the true amount of the

fees and charges SMART was charged that would be paid out of SMART‟s equity in the

Home.




                                                                                     53
        93.     WASN‟TME made misrepresentations to SMART, including but not

limited to statements that there would be no closing costs for the loan.

        94.     WASN‟TME also misrepresented and purposely failed to disclose the

amount it was charging SMART for its purported services.

        95.     WASN‟TME misrepresented the terms and finance charges imposed on

the loan.

        96.     WASN‟TME and WASN‟TME‟s closing agent ________ misrepresented

the import and contents of the documents which SMART signed at closing, and

concealed the terms of the loan while requiring SMART to sign the documents.

        97.     WASN‟TME and ________ as closing agent of WASN‟TME, and

________ Title entered into a conspiracy to defraud SMART by agreeing to the payment

of kickbacks for the purpose of getting SMART to accept the loan without disclosing to

SMART the true purpose and nature of the loan.

        98.     WASN‟TME knew or should have known the representations were false.

        99.     WASN‟TME intended that the representations induce SMART to act

thereon.

        100.    SMART suffered damages in justifiable reliance on the representations

including damage to SMART‟s credit rating.

        101.    The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                a. Actual damages;
                b. Consequential damages; and



                                                                                   54
                c. Prejudgment interest.


                               SEVENTH CAUSE OF ACTION

                                 BREACH OF CONTRACT

        102.    SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        103.    This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney„s fees.

        104.    WASN‟TME offered based on specific oral statements and SMART

accepted a mortgage loan that would be at no cost, would include escrows, and would

have an interest rate of 7%.

        105.    WASN‟TME breached the oral agreement by failing to deliver a mortgage

loan under the agreed terms.

        106.    SMART suffered damages as a result of WASN‟TME‟s breach including

damage to SMART‟s credit rating.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                a. Actual damages;
                b. Consequential damages; and
                c. Prejudgment interest.

                               EIGHTH CAUSE OF ACTION

                                 BREACH OF CONTRACT

        107.    SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.




                                                                                   55
        108.    This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney„s fees.

        109.    When SMART fell behind in payments, WASN‟TME offered and

SMART accepted a written forbearance agreement which provided for specific payments

to be made in order to bring the loan current.

        110.    WASN‟TME breached the agreement by failing to properly credit

SMART for her mortgage payments under the agreed terms of the forbearance

agreement.

        111.    SMART suffered damages as a result of WASN‟TME‟s breach including

damage to SMART‟s credit rating.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                d. Actual damages;
                e. Consequential damages; and
                f. Prejudgment interest.


                                NINTH CAUSE OF ACTION

                               NEGLIGENT SUPERVISION

        112.    SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        113.    This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney‟s fees.

        114.    WASN‟TME employed Account Executives (“AEs”) as loan officers to

take loan applications, recommend loan products and gather required information and




                                                                                   56
documents required for approval of loans which AEs were improperly trained and

supervised by upper management.

         115.    The AEs‟ work performance was reviewed only on the basis of their

production of closed loans.

         116.    The AEs were compensated only on the basis of their production of closed

loans.

         117.    The AEs were given new software which permitted them to manipulate

information on a borrower‟s loan application to qualify the borrower for a loan they could

not afford.

         118.    WASN‟TME approved loans on the basis of this information and not with

the examination of documentation required as part of the loan application.

         119.    The AEs were given access to older software to generate mandatory

Federal disclosures to be sent to borrowers within three days of application which

allowed them to manipulate the true terms of the loan or whether the borrower would

even receive any disclosures.

         120.    SMART was approved for her loan after the AE __________ intentionally

caused SMART to qualify for a loan that SMART could not afford.

         121.    The AE ____________ intentionally caused SMART to receive no

disclosures.

         122.    The AE ____________ intentionally misrepresented loan terms to

SMART.

         123.    SMART suffered damages as a result including damage to SMART‟s

credit rating.




                                                                                       57
        124.    The acts of WASN‟TME and the AE as described herein were willful,

wanton and in conscious disregard of SMART‟s rights.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                a. Actual damages;
                b. Consequential damages; and
                c. Prejudgment interest.

                               TENTH CAUSE OF ACTION

                             BREACH OF FIDUCIARY DUTY

        125.    SMART hereby incorporates by reference the allegations of paragraphs 1

through 35, inclusive, as if fully set forth herein.

        126.    This is an action for damages which exceed $15,000.00, exclusive of

interest, costs, and attorney‟s fees.

        127.    WASN‟TME “assume[d] the authority of closing a real estate transaction

where neither the seller nor the purchaser [was] represented by attorneys at law, act[ed]

as agent for both and in such capacity [was] acting in a fiduciary relationship.” Gerson v.

Broward County Title Co., 116 So.2d 455, 457 (Fla. DCA 2d 1959).

        128.    As a result, WASN‟TME owed fiduciary duties to SMART whereby

SMART reposed trust and confidence in WASN‟TME who undertook such trust and

assumed the fiduciary duty by closing the loan.

        129.    WASN‟TME breached its duties owed to SMART by failing to disclose

the true terms of the transaction, that escrows for taxes and insurance were not collected

or provided, and that only WASN‟TME was getting a title insurance policy and further

breached its duties because it did not:




                                                                                        58
                a.      prepare required closing documents;
                b.      hold and disburse monies out of escrow;
                c.      examine title after conducting a title search;
                d.      obtain proper execution of all documents;
                e.      properly supervise the closing; and
                f.      conduct the closing in a reasonably prudent manner.

        130.    SMART suffered damages as a result of WASN‟TME‟s breach including

damage to SMART‟s credit rating.

        131.    The acts of WASN‟TME as described herein were willful, wanton and in

conscious disregard of SMART‟s rights.

        WHEREFORE, SMART prays for relief as set forth below together with such

further relief as this court deems just:

                d. Actual damages;
                e. Consequential damages; and
                f. Prejudgment interest.

                               DEMAND FOR JURY TRIAL
        SMART demands a trial by jury on all counts.



        ________________________________________



                               CERTIFICATE OF SERVICE
        I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to:
[ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                                               [SMART CLIENT
                                               [SMART CLIENT ADDRESS]



                                                                                 59
By: [SMART CLIENT SIGNATURE]
    PRO SE DEFENDANT




                               60
June 27, 2011




Clerk, County Court
Clerk Address




RE: Case No. __________________ [BIG BANK] v. [SMART CLIENT]


Enclosed herein please find the original of the [Name of Document] in the above matter.

Also enclosed is an additional copy of the [Name of Document] for return to me in the
self-addressed, stamped envelope provided.


Sincerely yours,



[SMART CLIENT]
[SMART CLIENT ADDRESS]




                                                                                        61
June 27, 2011




[BIG BANK ATTORNEY]
[BIG BANK ATTORNEY ADDRESS]



RE: Case No. __________________ [BIG BANK] v. [SMART CLIENT]


Dear [ATTORNEY NAME],

Enclosed herein please find a copy of the [Name of Document] in the above referenced
matter.


Sincerely yours,



[SMART CLIENT]
[SMART CLIENT ADDRESS]




                                                                                       62
       IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
               IN AND FOR _____________ COUNTY, FLORIDA
                             CIVIL DIVISION

[BIG BANK] NATIONAL TRUST
COMPANY, AS TRUSTEE OF NOTME
MORTGAGE ASSETS INC., ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES                            CASE NO:
      ______________
20__-xx UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF AUGUST __, 20__,
WITHOUT RECOURSE.

                              Plaintiff,
v.

[SMART CLIENT] and [SMART CLIENT2], et. al.

                        Defendants.
________________________________________/

             BORROWER DEMAND FOR DISCLOSURES REQUIRED
            BY THE REAL ESTATE SETTLEMENT PROCEDURES ACT

         Defendants, [SMART CLIENT] and [SMART CLIENT2], (“SMART”), AS Pro
Se, hereby demand proof of: (a) disclosure of the HUD special information booklet,
Good Faith Estimate and Servicing Disclosure which were to be provided to SMART at
or within three (3) days of the loan application; (b) all escrow disclosure statements
prepared from the date of loan application to the date of this request; (c) all notices
regarding servicing transfers; and/or assignments or sales of the loan; (d) a breakdown of
the fees charged at closing for “document preparation”; (e) receipts for and payment
history for all payments made since the origination of the loan; and (f) all other
disclosures required by Section 6 of the Real Estate Settlement Procedures Act
(“RESPA”) which is codified at 12 U.S.C. 2605. Failure to provide the disclosures
within 60 days of this written demand for them gives rise to a civil action in favor of the
mortgagor against the mortgagee. The mortgagor will seek any and all remedies
available against the mortgagee in this case for failure to provide the required disclosures
in the time provided for by law, including attorney‟s fees and costs of litigation.




       ________________________________________




                                                                                         63
                                CERTIFICATE OF SERVICE
       I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to:
[ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                                           [SMART CLIENT
                                           [SMART CLIENT ADDRESS]


                                           By: [SMART CLIENT SIGNATURE]
                                               PRO SE DEFENDANT




                                                                           64
           IN THE CIRCUIT COURT OF THE ______ JUDICIAL CIRCUIT
                IN AND FOR ______________ COUNTY, FLORIDA


[BIG BANK]
    Plaintiff,                                        CASE NO:
                                                      _____________________
v.

[SMART CLIENT] and [SMART CLIENT2], et.
al.

                        Defendants.
________________________________________/


         DEFENDANT‟S DEMAND FOR WRITTEN VERIFICATION OF
       REINSTATEMENT AND PAYOFF FIGURES FOR CONSUMER DEBT
        PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT

       Defendant, [SMART CLIENT] and [SMART CLIENT2], by and through their

undersigned attorney, hereby demands written verification of the disputed reinstatement

and payoff figures of the consumer debt sued upon in this case. The Fair Debt Collection

Practices Act, 15 U.S.C. 1692 et seq., requires debt collectors to provide written

verification of this information within a reasonable amount of time when disputed by the

consumer. The verification in this case must consist of both payoff and reinstatement

figures for the consumer mortgage loan sued upon. Time is of the essence with this

request and failure to comply will result in the imposition of sanctions or other remedies

against the debt collector.




       ________________________________________




                                                                                         65
                            CERTIFICATE OF SERVICE
       I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to:
[ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                                           [SMART CLIENT
                                           [SMART CLIENT ADDRESS]


                                           By: [SMART CLIENT SIGNATURE]
                                               PRO SE DEFENDANT




                                                                           66
      IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
              IN AND FOR _____________ COUNTY, FLORIDA
                            CIVIL DIVISION

[BIG BANK] NATIONAL TRUST
COMPANY, AS TRUSTEE OF NOTME
MORTGAGE ASSETS INC., ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES                    CASE NO:
      ______________
20__-xx UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF AUGUST __, 20__,
WITHOUT RECOURSE.

                          Plaintiff,
v.

[SMART CLIENT] and [SMART CLIENT2], et. al.

                        Defendants.
________________________________________/


       DEFENDANTS‟ CERTIFICATE OF SERVING INTERROGATORIES

      I HEREBY CERTIFY that interrogatories have been propounded to Plaintiff and
served with a copy of this certificate by regular U.S. Mail this _____ day of
_____________ 20____, to: [BIG BANK ATTORNEY].




      __________________________________________
                                    [SMART CLIENT
                                    [SMART CLIENT ADDRESS]


                                        By: [SMART CLIENT SIGNATURE]
                                            PRO SE DEFENDANT




                                                                              67
       IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
               IN AND FOR _____________ COUNTY, FLORIDA
                             CIVIL DIVISION

[BIG BANK] NATIONAL TRUST
COMPANY, AS TRUSTEE OF NOTME
MORTGAGE ASSETS INC., ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES                            CASE NO:
      ______________
20__-xx UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF AUGUST __, 20__,
WITHOUT RECOURSE.

                              Plaintiff,
v.

[SMART CLIENT] and [SMART CLIENT2], et. al.

                        Defendants.
________________________________________/


            DEFENDANTS‟ FIRST INTERROGATORIES TO PLAINTIFF

                         DEFINITIONS AND INSTRUCTIONS


        1.     Response to any interrogatory by reference to a document. The terms
"document" or "documents" shall mean all original writings of any nature whatsoever and
all non-identical copies thereof in your possession, custody and control, regardless of
where located, and regardless of whether printed, or reproduced by any process, or
written and/or produced by hand, or stored in any form of mechanical or electronic
information retrieval system including computer data files, and whether or not claimed to
be privileged or otherwise excludable from discovery, and including, but not limited to,
contracts, agreements, records, tape recordings, correspondence, memoranda,
communications, reports, studies, summaries, compilations, abstracts, minutes or records
of all meetings, including directors, shareholders, and executive officer meetings, notes,
agenda, bulletins, notices, announcements, statements, instructions, charts, manuals,
brochures, schedules, price lists, telegrams, teletypes, papers, books, accounts, letters,
photographs, objects, transcriptions of oral statements, court papers, or any other tangible
thing.

        2.     The terms "concerning" or "concerns" as used herein means referred or
referring to, alluded or alluding to, related or relating to, connected with, regarding,
describing or reflecting.



                                                                                         68
       3.       The terms "you" or "your" as used herein shall mean the party to whom
these are directed and each and every name by which said party is known or has been
known and all present and former agents, employees, representatives, attorneys and all
other persons acting on its behalf of said party and may also include the original lender as
defined herein.

       4.      The term "person" as used herein means the plural as well as the singular
and shall include any natural person, corporation, partnership, joint venture, association,
governmental agency, and every other form of entity cognizable by law.

       5.      The terms "and" and "or" shall be both conjunctive and disjunctive.

        6.      The term “original lender” as used herein shall mean the lender who made
the loan or loans as defined herein.

       7.    The term “Loan” as used herein shall mean the loan evidenced by the
promissory note and mortgage executed on or about ___________, and recorded on
______________.




                                                                                         69
                             INTERROGATORIES

INTEROGATORY NO. 1.           State the name and address of all parties answering or
assisting in providing answers to these interrogatories.




INTEROGATORY NO. 2.           Please state whether you claim to possess legal or
beneficial interest, or both interests, in the note or mortgage or both the note and
mortgage, and if so, explain why you so claim identifying any document(s) and clauses
therein which gives you the interest(s) you claim and specifying whether you claim rights
as an owner or holder of the note or both, and specifying any other rights claimed. If you
do not claim any such interest(s) or rights please explain why you do not claim such
interest(s).




                                                                                       70
INTEROGATORY NO. 3.          Please state whether you claim to possess the authority or
power to file and pursue foreclosure of this note or mortgage or both, and if so, explain
why you so claim identifying any document(s) and clauses therein which gives you the
authority or power you claim. If you do not claim any such authority or power please
explain why you do not claim such authority or power.




INTEROGATORY NO. 4.          Please state, for each of the note and the mortgage, from
what person or entity (“assignor”) you took assignment of the Loan specifying the
contact name, full legal name, address, and phone number of the assignor together with
the date you took assignment, and state the same information for any person or entity to
which the Loan was ever assigned.




                                                                                      71
INTEROGATORY NO. 5.          Please state the date, amount and nature of and fully
describe the consideration or value given in exchange for each and every assignment of
the Loan and identify from and to what person or entity such consideration or value was
given providing the contact name, full legal name, address, and phone number of each
such person or entity.




INTEROGATORY NO. 6.          Please state all parties that took assignment of the note or
mortgage between the making of same and your taking assignment of same and provide
the contact name, full legal name, address, and phone number of each such party.




                                                                                      72
INTEROGATORY NO. 7.            Please state whether between the time of making the Loan
and the time of your taking assignment of the Loan, the original lender maintained
ownership of the Loan.




INTEROGATORY NO. 8.            Please state whether and on what date the Original Lender
owned the Loan, took assignment of the Loan, made an assignment of the Loan, or had
any interest in the Loan and specify the nature of the interest had on that date.




                                                                                     73
INTEROGATORY NO. 9.          Please state if the Loan was ever subject to or included in a
“mortgage loan purchase agreement” or similar agreement and if so, please specify the
name to the agreement, the date of the agreement and any amendments, and the parties to
the agreement.




INTEROGATORY NO. 10. Please state whether the Loan was ever repurchased or
reassigned from the buyer or assignee back to the original seller or assignor or to any
predecessor of the buyer or assignee and if so state the dates of such and the parties
involved.




                                                                                       74
INTEROGATORY NO. 11. Please explain and describe, for the Loan, the relationships
among parties (including you, the original lender, any servicer, any custodian, any
depository, any Special Purpose Vehicle or Special Purpose Entity etc. etc.), the structure
of the securities offered (including the flow of funds or any subordination features) and
any other material features of any transaction concerning the sale, transfer or assignment
of the Loan at any time between the making of same and your filing of the action at issue
herein.




INTEROGATORY NO. 12. Please identify each and every document which contains an
obligation or option to repurchase the Loan and explain fully the terms, conditions, costs
to be incurred or paid by each party upon repurchase and whether and by whom, and
from whom, the Loan were ever repurchased.




                                                                                        75
INTEROGATORY NO. 13. Please state, for each of the note and mortgage, whether
and as of what date you secured the originals thereof and from whom providing the
contact name, full legal name, address, and phone number of each such party.




INTEROGATORY NO. 14. Please identify each and every document you obtained or
reviewed in connection with your taking assignment of the Loan and specify for each
such document whether you maintain the original or a copy thereof.




                                                                                76
INTEROGATORY NO. 15. Please state all parties who have provided servicing of the
Loan and provide the contact name, full legal name, address, and phone number of each
such party and the dates each began servicing the Loan.




INTEROGATORY NO. 16. Please state for the history of the Loan, the persons or
entity who at any time collected mortgage payments specifying the applicable dates each
such person or entity did so collect and specifying the full legal name, address, and phone
number of each such party.




                                                                                        77
INTEROGATORY NO. 17. Please state for the history of the Loan, on whose behalf
mortgage payments were collected specifying the applicable dates collection was made
for each such person or entity and specifying the full legal name, address, and phone
number of each such party.




INTEROGATORY NO. 18. Please state for the history of the Loan, a full description of
the disposition of collected mortgage payments specifying any person or entity to which
mortgage payments were delivered, transferred, or paid, the applicable dates each such
person or entity received the payments and further specify the full legal name, address,
and phone number of each such party.




                                                                                     78
INTEROGATORY NO. 19. Please identify a representative of Plaintiff with knowledge
of the facts necessary to respond to each of the interrogatories contained herein or if more
than one, identify each such representative providing the name, address and telephone
number for each with a brief summary of each representative‟s knowledge in this matter.




INTEROGATORY NO. 20. Please fully explain how the APR and finance charge were
calculated for the Loan (the “TIL calculations”), identify and describe any software
utilized in the TIL calculations and how same was used as to the Loan, and identify any
documents containing information necessary to complete the TIL calculations and what
information was contained therein.




                                                                                         79
INTEROGATORY NO. 21. Please state whether the TIL calculations, software utilized
for the TIL calculations, and documents necessary to complete the TIL calculations were
used for every loan made to consumers at the time the Loan was made. If not, please
fully explain why not and describe any differences.




INTEROGATORY NO. 22. Please state whether the TIL calculations, software utilized
for the TIL calculations, and documents necessary to complete the TIL calculations used
at the time the Loan was made subsequently changed in any manner and fully explain
how.




                                                                                    80
INTEROGATORY NO. 23. For each request for admission contained in Defendant‟s
First Request for Admissions you denied, please state detailed reasons and explanations
for each such denial.




STATE OF _______________

COUNTY OF

       The foregoing instrument was sworn and acknowledged before me this _____ day
of ________________ 20____, by                          who is personally known to
me or who produced _____________________ as identification.



                                           NOTARY         PUBLIC,      STATE       OF
______________

                                           (Name of Notary, typed, printed or stamped)
                                           Commission No.




                                                                                    81
IN THE CIRCUIT COURT OF THE                  11TH JUDICIAL CIRCUIT

IN AND FOR NAME OF COUNTY, FLORIDA

PLAINTIFF NAME                                               Case No. XXXXXXX

       Plaintiff,
v.


NAME OF DEFENDANT,
    Defendants.
                                       /


                        MOTION TO COMPEL
       COMES NOW, the NAME OF PLAINTIFF, by and through his undersigned

attorney and files this, his Motion for Order to Compel and therefore states:

       1. That on DATE, Plaintiff‟s attorney filed a Request to Produce for documents

           and Interrogatories to be received by the undersigned within thirty (30) days

           from that date (a copy of which is attached and marked as Exhibit “A”)

       2. More than thirty (30) days have passed since the filing of the Request to

           Produce and Interrogatories. As of this date, the undersigned has received

           neither the documentation nor the Response nor the Interrogatories, nor have

           any objections been made thereto.

       WHEREFORE, Petitioner requests an Order of Production to Compel Defendant

to comply with the Request to Produce and file the Response to Interrogatories.

       I HEREBY CERTIFY that a copy of the foregoing Motion to Compel was

furnished by mail this ___day of July, 2010 to NAME OF OPPOSING PARTY.,

ADDRESS OF PARTY, Florida ZIP.




                                                                                     82
       By____________________________
                                                   NAME OF DEFENDAND AND
ADDRESS




IN THE CIRCUIT COURT OF THE                 11TH JUDICIAL CIRCUIT

IN AND FOR DADE COUNTY, FLORIDA

NAME OF PLAINTIFF                                           Case No. XXXXXXX

       Plaintiff,
v.


NAME OF DEFENDANT,
    Defendants.
                                      /

                                NOTICE OF HEARING


       YOU ARE HEREBY NOTIFIED that the undersigned will call up for hearing

before the NAME OF JUDGE, in her Chambers, in the NAME AND ADDRESS OF

COURT, Room #, Miami, Florida on DAY, the DATE day of MONTH           2010 at

TIME, or as soon thereafter as counsel can be heard:


Plaintiff‟s Motion to Compel and

Defendant‟s Motion to Compel Discovery




                                                                           83
      PLEASE BE GOVERNED ACCORDINGLY.

       I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of
Hearing was furnished by U.S. Mail this ___ day of MONTH, 2010 to ADDRESS OF
OPOSING PARTY




      _________________________
      YOUR NAME
      AND ADDRESS




                                                                            84
       IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT
               IN AND FOR _____________ COUNTY, FLORIDA
                             CIVIL DIVISION

[BIG BANK] NATIONAL TRUST
COMPANY, AS TRUSTEE OF NOTME
MORTGAGE ASSETS INC., ASSET BACKED
PASS-THROUGH CERTIFICATES, SERIES                         CASE NO:
      ______________
20__-xx UNDER THE POOLING & SERVICING
AGREEMENT DATED AS OF ____________, 20__,
WITHOUT RECOURSE.

                              Plaintiff,
v.

[SMART CLIENT] and [SMART CLIENT2], et. al.

                        Defendants.
________________________________________/


       MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

       Defendants, [SMART CLIENT] and [SMART CLIENT2], (“SMART”), by and
through undersigned, move for an Extension of Time to Respond to Plaintiff‟s Complaint
and as grounds therefore state:

       4.      The Plaintiff has served an action upon SMART for foreclosure of a
mortgage on real property.


       5.      SMART disputes the amounts alleged to be due and owing to the Plaintiff.


       6.      SMART has filed certain demands for disclosures and written
verifications pursuant to Federal law needed in order to properly respond to the
complaint.




                                                                                    85
       WHEREFORE, Defendants respectfully move this Court to enter an order
granting this motion with any other relief deemed just and proper.



       ________________________________________




                                                                        86
                            CERTIFICATE OF SERVICE
      I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to: [ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                                      [SMART CLIENT
                                      [SMART CLIENT ADDRESS]


                                      By: [SMART CLIENT SIGNATURE]
                                          PRO SE DEFENDANT




                                                                          87
             IN THE CIRCUIT COURT OF THE ______ JUDICIAL CIRCUIT
                  IN AND FOR ______________ COUNTY, FLORIDA


[BIG BANK]
                                                   CASE NO: _____________________
      Plaintiff,

v.

[SMART CLIENT]

     Defendants,


________________________________/


                                    MOTION TO ABATE


       Defendants, [SMART CLIENT], by and through their undersigned counsel, move
this Court for an Order to Abate the case herein above and in support thereof, states that:

         1. The Plaintiff, [BIG BANK], is a non-resident Plaintiff.


         2. Pursuant to F.S. §57.011, “when a non-resident Plaintiff begins action…. He
             or she shall file a bond with Surety to be approved by the Clerk of $100.00,
             conditioned to pay all costs which may be adjudged against him or her in said
             action in the Court in which the action is brought.”


         3. The Plaintiff‟s action was filed on or ____________________. Pursuant to
             F.S. §57.011, when a Plaintiff fails to file such a bond within thirty (30) days
             after the commencement of an action in this State, the Defendant may, move
             to dismiss the action or may hold the Attorney bringing or prosecuting the
             action liable for such costs and if they are adjudged against Plaintiff, on
             execution shall issue against said Attorney. In the event the Court proceeds
             with this action without requiring the Plaintiff to file the appropriate cost bond
             pursuant to F.S. §57.011, it will be reversible error.


                                                                                            88
89
WHEREFORE, the Defendants, [SMART CLIENT], respectfully request that this Court
enter an Order abating this matter along with an award of attorneys fees and costs
pursuant to §57.105 along with any other relief deemed proper under the circumstances.


                            CERTIFICATE OF SERVICE
       I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by fax and/or U.S. mail on [DATE] to:
[ATTORNEY FOR BIG BANK]
[ADDRESS OF ATTORNEY FOR BIG BANK]

                                           [SMART CLIENT
                                           [SMART CLIENT ADDRESS]


                                           By: [SMART CLIENT SIGNATURE]
                                               PRO SE DEFENDANT




                                                                                     90
         IN THE CIRCUIT COURT OF THE #th JUDICIAL CIRCUIT IN AND
                          FOR COUNTY, FLORIDA

NAME OF PLAINTIFF,
                             Plaintiff,
                                                     CASE NO.: XXXXXXX
vs.

NAME OF DEFENDANT

                     Defendants.
_______________________________________/

       DEFENDANTS‟ MOTION FOR LEAVE TO FILE AMENDED ANSWER

       COMES NOW the Defendants, CHRISTINE GLOSSMAN and MICHAEL

GLOSSMAN (Hereinafter referred to as “Defendants”) by and through the undersigned

counsel, and hereby respectfully requests this Honorable court to grant leave, thereby

permitting Defendants to file the attached Amended Answer, and states as follows:

1.     The Plaintiff has filed a lawsuit against the Defendants, for what purports to be a

       foreclosure action.

2.     Defendants filed pro se answers in the above-mentioned-mentioned matter.

3.     Defendants‟ counsel has just been retained in this matter and by and through

       undersigned counsel, the Defendants requests leave to amend their answer.

4.     It is in the interest of justice to permit Defendants to amend their Answer as it

       allows for the proper resolution of the dispute between all the parties.

5.     Attached to this Motion to Amend the Answer is Defendants‟ Amended Answer.

 MEMORANDUM IN SUPPORT FOR THE MOTION TO AMEND ANSWER AND
                      COUNTERCLAIM

               Rule 1.190, Fla. R. Civ. P., requires that "leave of court [to amend
pleadings] shall be given freely when justice so requires," and that the court may permit
a pleading to be amended "at any time in furtherance of justice." Fla. R. Civ. P. 1.190(a),


                                                                                           91
(e) (emphasis added). Indeed, Florida's well reasoned public policy overwhelmingly
favors the liberal amendment of pleadings so that cases may be decided on their merits.
Craig v. East Pasco Med. Ctr., Inc., 650 So. 2d 179 (Fla. 2d DCA 1995). All doubts must
be resolved in favor of allowing amendment of pleadings. Thompson v. Publix
Supermarkets, Inc., 615 So. 2d 796 (Fla. 1st DCA 1993). The failure to permit
amendment constitutes an abuse of discretion unless it clearly appears that the
amendment would prejudice the opposing party, the privilege to amend has been abused,
or amendment would be futile. Carter v. Ferrell, 666 So. 2d 556 (Fla. 2d DCA 1995).


         Leave to amend is especially appropriate when the amendment is based on
the same conduct, transaction or occurrence as the original pleading the movant seeks to
amend. Dimick v. Ray, 774 So. 2d 830 (Fla. 4th DCA 2000) (holding that proposed
addition of claims not previously made would not prejudice defendants since the
proposed amendment was filed prior to trial); Florida East Coast Railway Co. v. Ssanford
Sshulman, 481 So. 2d 965 (Fla. 3d DCA 1986) (holding that trial court did not abuse its
discretion in permitting plaintiff to amend his complaint after he had rested his case at
trial); Passekoff v. Kaufman, 392 So. 2d 971 (Fla. 3d DCA 1981)(finding no indication
that privilege to amend was being abused, where the motion to amend was filed before
case was set for trial); Knipp v. Weinbaum, 351 So. 2d 1081 (Fla. 3d DCA 1977)("liberal
construction of [Rule 1.190(a)] is particularly applicable in a situation … where the
amendment is based on the same conduct, transaction and occurrence upon which the
plaintiff had brought his original claim"), citing Turner v. Trade Mor Inc., 252 So. 2d 383
(Fla. 4th DCA 1971). Indeed, the true test for determining whether the proposed
amendments should be allowed under Florida law is "whether the pleading as amended is
based on the same specific conduct, transaction or occurrence between the parties upon
which the plaintiff tried to enforce his original claim." David Miller Distributing
Company, Inc. v. Florida National Bank at Arlington, 342 So. 2nd 856 (Fla. 1st DCA
1977).
                For instance, in Pasekoff, 392 So. 2d 971, the Third District reversed
the trial court's denial of the plaintiff's motion to amend the third amended complaint in
an action to quiet title, where the proffered amendment involved the same transactions as



                                                                                         92
the plaintiff's earlier pleadings, and the only amendment set forth an additional legal
theory. See id. at 976. The Third District stated, in relevant part:
               Since all of the factual allegations had been revealed in earlier
               discovery, the [defendants] could not have been, and, indeed
               make no claim that they were surprised by the contents of the
               amendment. Furthermore, when the motion was made, the case
               had not yet been set for trial… Finally, there was no indication
               that the "privilege to amend" had been or was being abused.


Id. (emphasis added). Given that the conduct, transactions and occurrences forming the
basis of the original pleadings filed by the Plaintiff is the same as the proposed amended
pleadings, and the case is not set for trial an amendment is proper.


             Plaintiff Will Not Be "Prejudiced" by Defendants Filing of the Proposed
                                        Amended Pleadings
               Moreover, Florida courts will not find the existence of "prejudice,"
unless the amendment proposes new and different causes of action either during trial or
after the trial has been completed. Dimick v. Ray, 774 So. 2d 830 (Fla. 4th DCA 2000).
In Dimick, the court examined the definition of "prejudice" in light of a party's desire to
amend a pleading, and stated:


               The cases have analyzed this prejudice element primarily in
               respect to the defendant's ability to prepare for the new
               allegations prior to trial on the merits.      For instance, in
               [numerous Florida cases] …amendments were not allowed
               which proposed to add new and different causes of action
               either during trial or after the trial had been completed. The
               prejudice in adding new causes of action or claims in those
               cases was obvious since the defendants had already fully
               prepared for, and in some instances, had actually completed
               the trial when the plaintiff's sought to add different claims.



                                                                                        93
6.    Plaintiff will not be prejudiced by the amendment of the pleadings and said

      amendment is proper in the interest of justice.



         WHEREFORE, the above-stated reasons the Defendants respectfully requests

         this Honorable Court enter judgment and allow the Defendants to serve the

         attached Answer upon the Plaintiff therefore amending the Defendants‟

         original Answer to reflect the proper pleading and award such other additional

         relieve as the Court deems just, necessary and proper.




                            CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that a true and complete copy of the foregoing has been
furnished via facsimile # and U.S. Mail to NAME OF OPPOSING PARTY., Post
ADDRESS this ____day of MONTH 2010.

                                                    ___________________
                                                          NAME OF PRO SE
                                                          DEFENDANT
                                                          ADDRESS




                                                                                    94

				
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