On June 14, 2016 a
was filed
involving a dispute between
Federal National Mortgage Association,
and
Cox, Cynthia R.,
Cox, David J.,
Rundos Equity, Llc,
Suncoast Schools Federal Credit Union,
Unknown Tenant In Possession Of The Subject Property,
Washington Federal Savings And Loan Association Successor By Merger To First Mutual Bank,
for Homestead Residential Foreclosure 50,001 - 250,000
in the District Court of Charlotte County.
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Filing # 49933773 E-Filed 12/12/2016 05:22:02 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR CHARLOTTE COUNTY
Case No.: 16-CA-1066
FEDERAL NATIONAL MORTGAGE ASSOCIATION
Plaintiff,
VS.
CYNTHIA COX,
RUNDOS EQUITY, LLC et al
Defendants.
/
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW, Defendant Rundos Equity, LLC, by and through the undersigned
counsel, files this Answer and Affirmative defenses, and in state:
ANSWER
Admitted for jurisdictional purposes only.
Neither admitted nor denied as Defendant is without knowledge of the allegations
in this paragraph.
Denied.
Admitted.
Denied.
Denied.
Denied
Denied.
Denied
10. Denied
11 Denied.
12 Denied
13 Denied
14 Denied.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
PLAINTIFF DOES NOT HAVE STANDING
A On information and belief, Plaintiff does not have standing to bring this
action. Neither the exhibits attached to Plaintiff's complaint nor the allegations of the
complaint are sufficient to demonstrate standing. The attachments to the Complaint are
inconsistent with Plaintiff's allegations as to ownership of the subject promissory note
and mortgage, and Plaintiff has failed to establish itself as the real party in interest and
therefore has also failed to state a cause of action.
WHEREFORE, Defendant requests the Court dismiss the Plaintiff's Complaint
with prejudice, an entry of involuntary dismissal and for all other relief to which the
Defendants proves they are entitled including an award of reasonable attorney’s fees and
costs in this action.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been furnished by email
this 12 day of December 2016, to
Choice Legal Group, PA
P.O. Box 8808
Ft. Lauderdale, FL 33310-0908
eservice@clegalgroup.com
Respectfully submitted,
Law Offices of Michele S. Belmont, PA
By: /s/ Michele S$. Belmont
Michele Belmont
Florida Bar No. 52001
8660 College Parkway, #180
FORT MYERS, FL 33919
Tel. (239) 848-6552
Fax (239) 283-0476
E-Mail: michele@belmontesq.com
Document Filed Date
November 02, 2023
Case Filing Date
June 14, 2016
Category
Homestead Residential Foreclosure 50,001 - 250,000
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Filing # 49933773 E-Filed 12/12/2016 05:22:02 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR CHARLOTTE COUNTY Case No.: 16-CA-1066 FEDERAL NATIONAL MORTGAGE ASSOCIATION Plaintiff, VS. CYNTHIA COX, RUNDOS EQUITY, LLC et al Defendants. / DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Defendant Rundos Equity, LLC, by and through the undersigned counsel, files this Answer and Affirmative defenses, and in state: ANSWER Admitted for jurisdictional purposes only. Neither admitted nor denied as Defendant is without knowledge of the allegations in this paragraph. Denied. Admitted. Denied. Denied. Denied Denied. Denied 10. Denied 11 Denied. 12 Denied 13 Denied 14 Denied. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE PLAINTIFF DOES NOT HAVE STANDING A On information and belief, Plaintiff does not have standing to bring this action. Neither the exhibits attached to Plaintiff's complaint nor the allegations of the complaint are sufficient to demonstrate standing. The attachments to the Complaint are inconsistent with Plaintiff's allegations as to ownership of the subject promissory note and mortgage, and Plaintiff has failed to establish itself as the real party in interest and therefore has also failed to state a cause of action. WHEREFORE, Defendant requests the Court dismiss the Plaintiff's Complaint with prejudice, an entry of involuntary dismissal and for all other relief to which the Defendants proves they are entitled including an award of reasonable attorney’s fees and costs in this action. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been furnished by email this 12 day of December 2016, to Choice Legal Group, PA P.O. Box 8808 Ft. Lauderdale, FL 33310-0908 eservice@clegalgroup.com Respectfully submitted, Law Offices of Michele S. Belmont, PA By: /s/ Michele S$. Belmont Michele Belmont Florida Bar No. 52001 8660 College Parkway, #180 FORT MYERS, FL 33919 Tel. (239) 848-6552 Fax (239) 283-0476 E-Mail: michele@belmontesq.com