COMPLAINT
Plaintiff PERSIO LIRANO, (“the Plaintiff”), files this Complaint, against FEDERAL NATIONAL MORTGAGE ASSOCIATION (“Fannie Mae”) (“defendant”), and alleges the following:
NATURE OF ACTION
This is a civil action for fraud following the loss of the Plaintiff’s house in a foreclosure case where the Defendant got final judgment after a reassignment of the loan was fraudulently made to them.
THE PARTIES
The Plaintiff is an individual, a resident of Orlando, Florida, United States of address 445 S Deerwood Ave., Orlando, Fl 32825.
The Defendant is a government-sponsored enterprise (GSE) founded in 1938 by Congress. It buys and guarantees loans.
FACTUAL BACKGROUND
On or about December 19, 2006, the Plaintiff executed a mortgage with Century Lending Company, which mortgage was duly recorded in the official public records of Orange County, Florida.
Accordingly, the Plaintiff became the owner of the property whose address is:
Lot 2, Block 4, DEERWOOD UNIT ONE, according to the plat thereof as recorded in Plat Book 4, Page 75 of the Official Public Records of Orange County, Florida.
Parcel Identification Number: 31-22-31-1986-04020.
Consequently, Century Lending Company sold the said loan to Citimortgage on or about January 2007. MERS #100330712060007811. EXHIBIT A, page 5.
On or about July 27, 2017, the Defendant, a stranger party to the existing arrangement with Citimortgage, filed a complaint against the Plaintiff for foreclosure of the Plaintiff’s lien in the said property. EXHIBIT B, page 6.
On or about November 7, 2018, the court ruled in favor of the Defendant and foreclosed the Plaintiff’s lien over the said property. EXHIBIT C, page 42.
FRAUD
The Defendant falsely and willfully represented itself as the assignee of Citimortgage when it sought to foreclose the Plaintiff’s lien over the property.
The Defendant had an intention to deceive the Plaintiff that it was the rightful assignee of the loan from Citimortgage. Upon the Plaintiff’s information and belief, this is far from the truth because the loan was first taken from Century Lending Company which later sold the loan to Citimortgage.
The representation was as to a material fact because it related to the owner of the Plaintiff’s loan.
The Defendant made no efforts to make any notification to the Plaintiff that it has been assigned the Plaintiff’s loan, pursuant to Florida Statutes, § 559.715.
Consequential and incidental to the Defendant’s fraudulent conduct, the Plaintiff suffered because he lost the property because of the foreclosure.
PRAYER AND RELIEF
WHEREFORE, the Plaintiff, respectfully request that this Court enter judgment in his favor and as against Defendant as follows:
- Judgment against the Defendant finding them liable for fraudulent conduct.
- The Defendant be ordered to pay the Plaintiff $293,137.64 plus interest at the rate of 6.09% being the value of the said property during foreclosure.
- The Plaintiff be awarded other compensatory damages at a court determined figure, plus interests and costs.
- For punitive damages based upon the defendants’ conduct and breach.
- For all costs of suit incurred herein; and
- For such other and further relief as the Court deems appropriate.
DATED: ________________________
Respectfully submitted,
________________________
Persio Lirano
445 S Deerwood Ave
Orlando, Fl 32825
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this ______ day of __________, 20______, a copy of the foregoing was to: the Defendant’s address below on __________________ Date_____/____2020.
________________________
Persio Lirano
445 S Deerwood Ave
Orlando, Fl 32825
ADDENDUM
EXHIBIT A- CENTURY LENDING LETTER
EXHIBIT B- DEFENDANT’S COMPLAINT
EXHIBIT C- FORECLOSURE JUDGMENT
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