Answer: HURON RIVER AREA CREDIT UNION vs CORRIDORI, ANDREW

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                                NELFTH JUDICIAL CIRCUIT IN AND FOR
_CIVIL DIVISION

HURON RIVER AREA CREDIT UNION
Plaintiff,

Case Number: 2007-CA-7953 NC
VS.

Judge: Division A Circuit
ANDREW CORRIDORI, et al

Defendants.

ONOVENDO ICON SORRNNNOROMN WH SESE RLELE NADIE REAM PAONDNAALE MAIO SSE UN OUASODAPEDSIBOASS EN ON MRAAYE AED STP ONSONM MOD BILE ST CEANEMDIN HSA ASSEN I a SIENNA NNRN ON DP SETA IRAE ESSE IRIBINO NNO ALVES SOAR SONNE NEENAH ONES

ANSWER AND AFFIRMATIVE DEFENSES

COMES NOW, Scott A. Kuhn, Esq. on behalf of the Defendant, Andrew Corridori, and

files this Answer and Affirmative Defenses and will show that:

Admitted for jurisdictional purposes only:
Admitted;
Admitted:
Admitted;
Admitted;
Admitted:

© NOAA WON A

Denied that Plaintiff provided proper notice to Defendant:

Denied.
10. Denied that the
11.Denied:
12. Denied
13. Without knowledge, therefore denied:

noise anc morigage is aque;

14. Without knowledge, therefore denied:

15. This is not an allegation of fact, therefore denied:

1 | Huron River v. Corridor [Answer & Affirmative Defenses]

Filed for Record 05/01/2009 03:30 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007953 NC Dkt-35850731 Page 1 of 3WHEREFORE, Defendant requests that this Court enter an Order dismissing Plaintiff's

Complaint, and for such other relief as the Court may deem just and proper.

FIRST AFFIRMATIVE DEFENSE
18. Failure of Contractual Condition Precedent: No Notice of Default: Plaintiff

failed to provide defendant with a Notice of Default and Intent to Accelerate that meets the

a good faith opportunity, pursuant to the mortgage and the servicing obligations of the Plaintiff,

to avoid acceleration and this foreclosure.

19.Unclean Hands. The Plaintiff's claims are barred, in whole or in part, by the doctrine
of unclean hands. Plaintiff, through its alleged assignors, breached its contractual obligations
and its wrongful and illegal conduct of engaging in predatory lending preclude Plaintiff from
seeking to invoke the Court's equitable jurisdiction.

THIRD AFFIRMATIVE DEFENSE

20.RESPA. The underlying Mortgage and Note is illegal and unenforceable under the

Real Estate Settlement Procedures Act. The Plaintiff engaged in predatory lending tactics by
conspiring with others to induce Defendant(s) into entering into the Mortgage. Accordingly, the

Mortgage and Note and all of the obligations therein are also unenforceable.

FOURTH AFFIRM
21.Good Faith and Fair Dealing. The Plaintiff's claims are barred because the Plaintiff

breached the covenant of good faith and fair dealing implicit in all contracts under Florida law.

requires a default notice to the Defendant(s). Plaintiff has failec to apprise Defendant(s) of such

2 | Huron River v. Corridori [Answer & Affirmative Defenses]

Filed for Record 05/01/2009 03:30 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007953 NC Dkt-35850731 Page 2 of 323.Assignment. The Plaintiff failed to give Defendant(s) notice of the assignment
pursuant to §559.715 Florida Statutes.

SEVENTH AFFIRMATIVE DEFENSE

payments from Defendani(s) for attorney fees, legal fees, foreciosure costs, late charges,
property inspection fees, title search expenses, filing fees, broker price opinions, appraisal fees,
and other charges and advances, and predatory lending fees and charges that are not
authorized by or in conformity with the terms of the subject note and mortgage or the controlling
pooling and servicing agreement which specifies the waiver of the late payments and other

collection charges as part of the forbearance and loan modifications default loan servicing.

Plaintiff claims is due and owing under the subject note and mortgage.

CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by U.S.
First Class Mail to The Hendry Law Firm, P.A., Harry O. Hendry, Esq., 2242 Main Street, Fort
Myers, FL 33901 on this 20" day of April, 2009.

KUHN LAW FIRM, P.A.

“Scott A. Kuhn, Esq.

Florida Bar No. 555436

12800 University Drive, Suite 385
Fort Myers, FL 33907

Phone: (239) 333-4529

Fax: (239) 333-4531

Attorney for Defendant

Filed for Record 05/01/2009 03:30 PM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 007953 NC Dkt-35850731 Page 3 of 3