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Filing # 32957776 E-Filed 10/07/2015 03:04:01 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO: 062015CA013573
PINGORA LOAN SERVICING, LLC,
Plaintiff,
v.
FREDERICK E. RACKIN AND GLADYS M.
RACKIN, et al
Defendants.
DEFENDANT(S) FREDERICK E. RACKIN AND GLADYS M. RACKIN’S ANSWER AND
AFFIRMATIVE DEFENSES
COMES NOW THE Defendant(s), FREDERICK E. RACKIN AND GLADYS M. RACKIN
(hereinafter referred to as “Defendant’), by and through its undersigned counsel and files this
Answer and Affirmative Defenses and states as follows:
ANSWER
GENERAL ALLEGATIONS
1. Defendant admits that it is the owner of the property which is the subject matter
of this foreclosure action.
2. Defendant hereby denies each and every other allegation in all respects and
demands strict proof thereof.
3. The authenticity of all instruments and documents attached to Plaintiff's
Complaint and all instruments and documents that may subsequently be presented by the
Plaintiff, including without limitation endorsements, allonges, assignments and affidavits, and
authority to make each signature on each of said instruments and documents, is hereby
specifically denied.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/7/2015 3:04:01 PM.****4, The validity of all signatures and the authority of all signors on all instruments
and documents attached to Plaintiffs Complaint and all instruments and documents that may
subsequently be presented by the Plaintiff, including without limitation endorsements, allonges,
assignments and affidavits, is hereby specifically denied.
AFFIRMATIVE DEFENSES
1. PLAINTIFF DOES NOT HAVE STANDING TO BRING THIS ACTION:
The exhibits attached to Plaintiff's Complaint are inconsistent with Plaintiff's allegations
as to Plaintiff's status as a holder of the Note. Therefore, Plaintiff has failed to establish itself as
the real party in interest. Plaintiff has not properly demonstrated that it maintains a sufficient
stake in the outcome of these proceedings. Plaintiff cannot establish that it is entitled to enforce
the Note and the Mortgage, which is required under Florida Law to prosecute a foreclosure
action. Plaintiff's Complaint contains only legal conclusions. There are no factual allegations
indicating how or why Plaintiff is entitled to enforce the Note and Mortgage.
2. PLAINTIFF HAS NOT ESTABLISHED CAPACITY TO BRING THIS ACTION:
The only identification of the Plaintiff appears in the caption of the Complaint and/or the
first paragraph. The Plaintiff's name is not set off or specified within the body of the Complaint
or in any other pleading nor is any description provided to explain the legal nature of the
Plaintiff. By failing to plead or specify in what capacity the Plaintiff brings suit and by failing to
define or identify in any way its nature and existence as a legal entity, the Plaintiff has not
plead that it has the capacity to maintain this suit. Stated differently, Plaintiff has not
established its legal ability to come into court.
3. NO NOTICE OF ACCELERATION: Plaintiff failed to give Defendant the thirty
days written Notice of Acceleration and right to cure any Default as required by and/or that
complies with the terms of the mortgage attached to the Complaint, prior to the filing of this
foreclosure action.4. PLAINTIFF'S COMPLAINT IS IMPROPERLY VERIFIED AND SHOULD BE
DISMISSED: Plaintiff has failed to conform to Florida Rule of Civil Procedure 1.110(b) which
requires the utilization of verified complaints and became applicable to Florida Courts as of
February 11, 2010. Plaintiff's Complaint was filed with the Court Subsequent to February 11,
2010.
WHEREFORE, for the reasons set forth herein Defendant demands the Plaintiff's
complaint be dismissed with prejudice, for judgment against the Plaintiff for their damages, for
an award of attorney's fees and costs and for all other relief to which this Court finds Defendants
entitled.
Dated this 4 day of October, 2015.
Respectfully Submitted,
THE HERMAN LAW GROUP, P.A.
By: __/S/ Bruce K. Herman
Bruce K, Herman, Esq. (Fla. Bar No. 260622)
Service by E-Mail: service@thlglaw.com
1401 East Broward Blvd, Suite 206
Fort Lauderdale, FL 33301
Tel: 954-762-2555
Fax: 954-762-2554
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Mail,
pursuant to Fla. R. Civ. P. Rule 2.516 or, if service by E-Mail is not permitted under such Rule, via U.S.
Mail on this ny day of October, 2015 to the parties on the attached Service List.
THE HERMAN LAW GROUP, P.A.
By: __/S/ Bruce K. Herman
Bruce K. Herman, Esq. (Fla. Bar No. 260622)
Service by E-Mail: service@thlglaw.com
1401 East Broward Blvd, Suite 206
Fort Lauderdale, FL 33301
Tel: 954-762-2555
Fax: 954-762-2554SERVICE LIST
Case No.: 062015CA013573
Norman Rodney Holmes, Esq.
Millennium Partners
Attorney for Plaintiff
21500 Biscayne Blvd, Suite 600
Aventura, FL 33180
Service Email: service@millenniumpartners.net
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Filing # 32957776 E-Filed 10/07/2015 03:04:01 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: 062015CA013573 PINGORA LOAN SERVICING, LLC, Plaintiff, v. FREDERICK E. RACKIN AND GLADYS M. RACKIN, et al Defendants. DEFENDANT(S) FREDERICK E. RACKIN AND GLADYS M. RACKIN’S ANSWER AND AFFIRMATIVE DEFENSES COMES NOW THE Defendant(s), FREDERICK E. RACKIN AND GLADYS M. RACKIN (hereinafter referred to as “Defendant’), by and through its undersigned counsel and files this Answer and Affirmative Defenses and states as follows: ANSWER GENERAL ALLEGATIONS 1. Defendant admits that it is the owner of the property which is the subject matter of this foreclosure action. 2. Defendant hereby denies each and every other allegation in all respects and demands strict proof thereof. 3. The authenticity of all instruments and documents attached to Plaintiff's Complaint and all instruments and documents that may subsequently be presented by the Plaintiff, including without limitation endorsements, allonges, assignments and affidavits, and authority to make each signature on each of said instruments and documents, is hereby specifically denied. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 10/7/2015 3:04:01 PM.****4, The validity of all signatures and the authority of all signors on all instruments and documents attached to Plaintiffs Complaint and all instruments and documents that may subsequently be presented by the Plaintiff, including without limitation endorsements, allonges, assignments and affidavits, is hereby specifically denied. AFFIRMATIVE DEFENSES 1. PLAINTIFF DOES NOT HAVE STANDING TO BRING THIS ACTION: The exhibits attached to Plaintiff's Complaint are inconsistent with Plaintiff's allegations as to Plaintiff's status as a holder of the Note. Therefore, Plaintiff has failed to establish itself as the real party in interest. Plaintiff has not properly demonstrated that it maintains a sufficient stake in the outcome of these proceedings. Plaintiff cannot establish that it is entitled to enforce the Note and the Mortgage, which is required under Florida Law to prosecute a foreclosure action. Plaintiff's Complaint contains only legal conclusions. There are no factual allegations indicating how or why Plaintiff is entitled to enforce the Note and Mortgage. 2. PLAINTIFF HAS NOT ESTABLISHED CAPACITY TO BRING THIS ACTION: The only identification of the Plaintiff appears in the caption of the Complaint and/or the first paragraph. The Plaintiff's name is not set off or specified within the body of the Complaint or in any other pleading nor is any description provided to explain the legal nature of the Plaintiff. By failing to plead or specify in what capacity the Plaintiff brings suit and by failing to define or identify in any way its nature and existence as a legal entity, the Plaintiff has not plead that it has the capacity to maintain this suit. Stated differently, Plaintiff has not established its legal ability to come into court. 3. NO NOTICE OF ACCELERATION: Plaintiff failed to give Defendant the thirty days written Notice of Acceleration and right to cure any Default as required by and/or that complies with the terms of the mortgage attached to the Complaint, prior to the filing of this foreclosure action.4. PLAINTIFF'S COMPLAINT IS IMPROPERLY VERIFIED AND SHOULD BE DISMISSED: Plaintiff has failed to conform to Florida Rule of Civil Procedure 1.110(b) which requires the utilization of verified complaints and became applicable to Florida Courts as of February 11, 2010. Plaintiff's Complaint was filed with the Court Subsequent to February 11, 2010. WHEREFORE, for the reasons set forth herein Defendant demands the Plaintiff's complaint be dismissed with prejudice, for judgment against the Plaintiff for their damages, for an award of attorney's fees and costs and for all other relief to which this Court finds Defendants entitled. Dated this 4 day of October, 2015. Respectfully Submitted, THE HERMAN LAW GROUP, P.A. By: __/S/ Bruce K. Herman Bruce K, Herman, Esq. (Fla. Bar No. 260622) Service by E-Mail: service@thlglaw.com 1401 East Broward Blvd, Suite 206 Fort Lauderdale, FL 33301 Tel: 954-762-2555 Fax: 954-762-2554 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Mail, pursuant to Fla. R. Civ. P. Rule 2.516 or, if service by E-Mail is not permitted under such Rule, via U.S. Mail on this ny day of October, 2015 to the parties on the attached Service List. THE HERMAN LAW GROUP, P.A. By: __/S/ Bruce K. Herman Bruce K. Herman, Esq. (Fla. Bar No. 260622) Service by E-Mail: service@thlglaw.com 1401 East Broward Blvd, Suite 206 Fort Lauderdale, FL 33301 Tel: 954-762-2555 Fax: 954-762-2554SERVICE LIST Case No.: 062015CA013573 Norman Rodney Holmes, Esq. Millennium Partners Attorney for Plaintiff 21500 Biscayne Blvd, Suite 600 Aventura, FL 33180 Service Email: service@millenniumpartners.net