ANSWER TO EVICTION COMPLAINT AND REQUEST FOR JURY TRIAL

ANSWER TO EVICTION COMPLAINT AND REQUEST FOR JURY TRIAL

Defendants, XXX and XXX answer the Complaint filed by Plaintiff as follows:

ANSWER

  1.   Defendants admit the allegations in Paragraph 1 of the Complaint for jurisdictional purposes only.
  2.   Defendants deny the allegations in Paragraph 2 of the Complaint.

Plaintiff lacks good title to the property. The Grantor in the Special Warranty Deed that is attached to the Complaint does not have good title to the property. The Complaint also fails to identify how the said Grantor obtained title to the property and from whom it obtained the title, in the first place. As a result of the pleading deficiency, the complaint should be dismissed, either because of a repugnancy created by the complaint and the exhibit, or because the complaint fails to allege sufficient ultimate facts to show Plaintiff’s standing to bring the action. XXXX

  1.   Defendants admit the allegations in Paragraph 3 of the Complaint that Defendants were the owners of the property. However, Defendants did not cease ownership of the property. Defendants have instituted a fraud claim against the Plaintiff of the cited case cited No. XXX. Therefore, the validity of the said foreclosure is still in question.   
  1.   Defendants deny the allegations in Paragraph 4 of the Complaint.

Defendants are the valid owners of the property. On or about December 19, 2006, Defendants executed a mortgage with Century Lending Company, which mortgage was duly recorded in the official public records of Orange County, Florida. Consequently, Century Lending Company sold the said loan to Citimortgage on or about January 2007. MERS #100330712060007811. EXHIBIT A.  On or about July 27, 2017, a stranger party to the existing arrangement with Citimortgage (the Plaintiff identified in 3 above) filed a complaint against Defendants for foreclosure of the lien in the said property. EXHIBIT . When exhibits are inconsistent with Plaintiff’s allegations of material facts as to who the real party in interest is, such allegations cancel each other out. Fladell v. Palm Beach County Canvassing Board, 772 So.2d 1240 (Fla. 2000); Greenwald v. Triple D Properties, Inc. 424 So.2d 185, 187 (Fla. 4th DCA 1983) Costa Bella Development Corp. v. Costa Development Corp, 411 So.2d 114 (Fla. 3d. DCA 1983).

Accordingly, Plaintiff lacks standing to bring this Complaint because he does not have any valid title to the said property. Standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bring the claim be recognized in the law as being the real party in interest entitled to bring the claim. This entitlement to prosecute a claim in Florida Courts rests exclusively in those persons granted by substantive law, the power to enforce the claim. Kumar Corp. v. Nopal Lines Ltd, et al, 462 So.2d 1178 (Fla. 3d. DCA 1985).

  1.   Defendants deny the allegations in Paragraph 5 of the Complaint.

Defendants reiterate the responses in 2,3, and 4 above. Accordingly, Defendants are entitled to remain on the property.

  1.   Defendants deny the allegations in Paragraph 6 of the Complaint that Plaintiff is entitled to an award for attorney’s fees. 

Plaintiff is not entitled to an award for attorney’s fees because he lacks standing to bring the Complaint. 

  1.   All allegations not specifically admitted are hereby denied.  
  1.   Defendants reserve the right to any additional defense as discovery may reveal. 

DEMAND FOR JURY TRIAL

Defendants demand jury trial. 

WHEREFORE, having answered Plaintiff’s Complaint, Defendants respectfully request that the Court enter judgment:

  1. Dismissing Plaintiff’s Complaint with prejudice. 
  2. Awarding Defendants all the costs of this action. 
  3. Awarding Defendants any such further relief that this Court deems just and proper.

        Respectfully Submitted

                                                                                                    _________________________

XXX

                                                                                                                        XXX

              _________________________

XXXX

CERTIFICATE OF SERVICE

I, the undersigned, hereby certifies that on [ENTER DATE], via United States Postal Service, First Class, postage pre-paid, that a true and complete copy of the foregoing Instrument was mailed to:

                                                                                                    _________________________

XXXX

                                                                                                                       XXX

              _________________________

XXXX

XXXX

ADDENDUM

EXHIBIT A

EXHIBIT B

S

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