On December 17, 2015 a
Answer
was filed
involving a dispute between
Westlake Homeowners Association Inc,
and
1, Unknown Tenant,
2, Unknown Tenant,
Starkweather, Elizabeth,
for 3
in the District Court of Broward County.
Preview
Filing # 51798354 E-Filed 01/30/2017 01:50:51 PM
IN THE COUNTY COURT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: COCE 15-026978 (49)
WESTLAKE HOEMOWNERS ASSOCIATION, INC.,
Plaintiff.
-vs-
ELIZABETH STARK WEATHER, et al.,
Defendant.
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW, Defendant, ELIZABETH STARK WEATHER, by and through undersigned
counsel and hereby files this Answer and Affirmative Defenses and states as follows:
1 The Defendant, ELIZABETH STARK WEATHER denies each and every allegation
contained in the Complaint for Lien Foreclosure and demand strict proof thereof.
AFFIRMATIVE DEFENSES
As in fora First Affirmative Defense, the Defendant would state that the Plaintiff has
failed to state a claim for which relief should be granted.
As in for a Second Affirmative Defense, the Defendant would state that the Plaintiff
contributed to its damages to its own negligence.
As in for a Third Affirmative Defense, the Defendant would state that the Plaintiff
has failed to join all dispensable parties to this suit.
As in for a Fourth Affirmative Defense, the Defendant would state that there is
insufficient process and service.
*** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 2/10/2017 10:54:22 AM.****
As in fora Fifth Affirmative, Defendant would state that Plaintiff's damages, if any,
are nominal and insufficient to state a cause of action.
As in for a Sixth Affirmative Defense, the Defendant would state that Plaintiff has
failed to mitigate its damages.
As in for a Seventh Affirmative Defense, the Defendant would state that Plaintiffhas
waived its right to recovery in this action due to its own actions or inactions.
Asin for an Eighth Affirmative Defense, the Defendant would state that any damages
suffered by Plaintiff were due to circumstances, conditions or events beyond the
control of this Defendant and reasonably foreseeable by a reasonably prudent person.
As in for a Ninth Affirmative Defense, the Defendant would state that Plaintiff is
barred from recovery due to the Doctrine of Unclean Hands. The Plaintiff's lending
practices were predatory in nature including but not limited to the failure to properly
assess the Defendant's ability to repay the loan in violation of its own underwriting
practices.
10. As in for a Tenth Affirmative Defense, the Defendant would state that foreclosure in
this action would lead to an unconscionable result due to the Plaintiff's own actions
or inactions in its unfair and predatory lending practices.
11 As in for an Eleventh Affirmative Defense, the Defendant would state that Plaintiff
is barred from recovery due to fraud committed by the Plaintiff and/or its agents in
the selling or closing of this loan on the subject property.
12 That the Defendant would allege that the Plaintiff's lending practices are in violation
of the Florida Fair Debt and Collection Act, Federal Lending Regulations, Regulation
Z, and RESPA, and Defendant is therefore entitled to rescission of the loan.
13. The Defendant reserves the right to plead any and all Affirmative Defenses that
become known during the course of discovery.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was emailed
on this, % ‘day of January, 2017 to: CHRISTOPHER M. REED, ESQ., 311 S.E. 13" Street, Fort
Lauderdale, FL 33316; service@myflalaw.com.
BARRY S. MITTELBERG, P.A.
Attorneys for
1700 N. University Drive, Suite 300
Coral Springs, FL 33071
Tel: (954) 752-1213
Fax: (954) 752-5299
Barry@Mitielberglaw.com
By
Ba S. Mittelb Esq.
Florida Bar No#396467
Document Filed Date
January 30, 2017
Case Filing Date
December 17, 2015
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 51798354 E-Filed 01/30/2017 01:50:51 PM IN THE COUNTY COURT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: COCE 15-026978 (49) WESTLAKE HOEMOWNERS ASSOCIATION, INC., Plaintiff. -vs- ELIZABETH STARK WEATHER, et al., Defendant. ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Defendant, ELIZABETH STARK WEATHER, by and through undersigned counsel and hereby files this Answer and Affirmative Defenses and states as follows: 1 The Defendant, ELIZABETH STARK WEATHER denies each and every allegation contained in the Complaint for Lien Foreclosure and demand strict proof thereof. AFFIRMATIVE DEFENSES As in fora First Affirmative Defense, the Defendant would state that the Plaintiff has failed to state a claim for which relief should be granted. As in for a Second Affirmative Defense, the Defendant would state that the Plaintiff contributed to its damages to its own negligence. As in for a Third Affirmative Defense, the Defendant would state that the Plaintiff has failed to join all dispensable parties to this suit. As in for a Fourth Affirmative Defense, the Defendant would state that there is insufficient process and service. *** FILED: BROWARD COUNTY. FL BRENDA D. FORMAN, CLERK 2/10/2017 10:54:22 AM.**** As in fora Fifth Affirmative, Defendant would state that Plaintiff's damages, if any, are nominal and insufficient to state a cause of action. As in for a Sixth Affirmative Defense, the Defendant would state that Plaintiff has failed to mitigate its damages. As in for a Seventh Affirmative Defense, the Defendant would state that Plaintiffhas waived its right to recovery in this action due to its own actions or inactions. Asin for an Eighth Affirmative Defense, the Defendant would state that any damages suffered by Plaintiff were due to circumstances, conditions or events beyond the control of this Defendant and reasonably foreseeable by a reasonably prudent person. As in for a Ninth Affirmative Defense, the Defendant would state that Plaintiff is barred from recovery due to the Doctrine of Unclean Hands. The Plaintiff's lending practices were predatory in nature including but not limited to the failure to properly assess the Defendant's ability to repay the loan in violation of its own underwriting practices. 10. As in for a Tenth Affirmative Defense, the Defendant would state that foreclosure in this action would lead to an unconscionable result due to the Plaintiff's own actions or inactions in its unfair and predatory lending practices. 11 As in for an Eleventh Affirmative Defense, the Defendant would state that Plaintiff is barred from recovery due to fraud committed by the Plaintiff and/or its agents in the selling or closing of this loan on the subject property. 12 That the Defendant would allege that the Plaintiff's lending practices are in violation of the Florida Fair Debt and Collection Act, Federal Lending Regulations, Regulation Z, and RESPA, and Defendant is therefore entitled to rescission of the loan. 13. The Defendant reserves the right to plead any and all Affirmative Defenses that become known during the course of discovery. I HEREBY CERTIFY that a true and correct copy of the above and foregoing was emailed on this, % ‘day of January, 2017 to: CHRISTOPHER M. REED, ESQ., 311 S.E. 13" Street, Fort Lauderdale, FL 33316; service@myflalaw.com. BARRY S. MITTELBERG, P.A. Attorneys for 1700 N. University Drive, Suite 300 Coral Springs, FL 33071 Tel: (954) 752-1213 Fax: (954) 752-5299 Barry@Mitielberglaw.com By Ba S. Mittelb Esq. Florida Bar No#396467