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Filing # 41787791 E-Filed 05/20/2016 02:24:29 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
WELLS FARGO BANK, N.A., CASE NO.: 2014-013745-CA-01 DIV 59
Plaintiff,
VS.
UV CITE LLC, et al,
Defendant(s}.
PLAINTIFE'’S MOTION TO STRIKE AFFIRMATIVE DEFENSES
FILED BY DEFENDANT UV CITE LLC,
COMES NOW, the Plaintiff, by and though its undersigned attorneys, and hereby files its Motion
to Strike the Affirmative Defenses of the Defendant(s), LUV CITE LLC, contained in their Answer filed
on or about NOVEMBER 2, 2015, and in support, states the following:
L PLAINTIFF'S REQUEST TO STRIKE DEFENDANT(S) AFFIRMATIVE
DEFENSE OF STATUTE OF LIMITATIONS
Defendant, UV CITE LLC's affirmative defense for Statate of Limitations should be
stricken as immaterial and impertinent under Fla, R. Civ. 1.140 (f).
Under the recent 3" DCA raling in Collazo vy HSBC, 3D14-2208 (FLA 3% DCA April
3. 2016), the District Court ordered the trial court to “determine the correct sum of principal and
interest due under the mortgage note calculated by excluding monthly instalment payments due
over five years before the commencement of the second foreclosure suit”. In effect, the 3 DCA
ruled that when trial courts are posed with a possible breach of Statute of Limitations in
mortgage foreclosure actions, the issue is not whether the Plaintiff, despite the breach, can obtain
judgment, but rather how far back the Plaintiff can claim monetary damages.
Matter ID: 1113-750561BHere, although the Defendant has an ownership interest in the subject property, there
stands no harrn of the Plaintiff seeking any monetary damages against UV CITE LLC, because it
neither signed the note, nor assumed the payment obliations under the note when it took title.
Any judgment against this defendant will be in rem only. Thus, the defense of Statute of
Limitation as pertaining to UV CITE LLC is immaterial and impertinent under Rule 1.140(f)
when viewed in the light of Collazo, and should be stricken.
WHEREFORE, the Plaintiff, hereby prays that this Honorable Court grant its Motion to Strike
the Affirmative Defenses and for other relief that this Court deems just and proper.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or
Regular U.S, Mail to the parties listed on the service list on this 2 © day of fn Fo A.
ALDRIDGE | PITE, LLP
Attorney for Plaintiff
1615 South Congress Avenue, Suite 200
Delray Beach, FL 33445
Telephone: (561) 392-6391
Facsimile: 392-6965
Cpe
By
FBN: @
Primary E-Mail: ServiceMail@aldridgepite.com
Matter 1D: 1113-750561BService List:
By E-Mail:
Daphne Tako, Esq.
Biscayne Law Firm, P.A.
1125 NE 125" Street, Suite 114
North Miami, FL 33161
Attorney for Defendant UV CITE LLC.
biscaynelawfirm@gmail.com
daphne @biscaynelawfirm.com
Peter Delia, Esq.
Law office of Darylaine Hernandez, LLC
The Capitol, Suite PL-01
Tallahassee, FL 32399
oag. foreclose.eserve@myfloridalegal.comt
Steven H. Rothstein, Esq.
Steven H. Rothstein, First Assistant City
Attorney for Defendant, CITY OF MIAMI BEACH
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
stevenrothstein@miamibeachfl.gov
By U.S. Mail:
Alberto Rodriguez
1605 West 65th Street
Hialeah, FL 33012-6109
Baptist Hospital of Miami, Ine.
c/o David R. Friedman, Registered Agent
6855 Red Road, Ste. 500
Coral Gables, PL 33143
LVNV Funding, LLC
C/O Corporation Service Company, as Registered Agent
1201 Hays Street
Tallahassee, FL 32301-2699
Castle Beach Club Condominium Association, Inc,
Paul D. Breitner, R.A.
200 S. Biscayne Boulevard, Suite 1800
Miami, FL 33131
Matter ID: 1113-750561B
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Filing # 41787791 E-Filed 05/20/2016 02:24:29 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA WELLS FARGO BANK, N.A., CASE NO.: 2014-013745-CA-01 DIV 59 Plaintiff, VS. UV CITE LLC, et al, Defendant(s}. PLAINTIFE'’S MOTION TO STRIKE AFFIRMATIVE DEFENSES FILED BY DEFENDANT UV CITE LLC, COMES NOW, the Plaintiff, by and though its undersigned attorneys, and hereby files its Motion to Strike the Affirmative Defenses of the Defendant(s), LUV CITE LLC, contained in their Answer filed on or about NOVEMBER 2, 2015, and in support, states the following: L PLAINTIFF'S REQUEST TO STRIKE DEFENDANT(S) AFFIRMATIVE DEFENSE OF STATUTE OF LIMITATIONS Defendant, UV CITE LLC's affirmative defense for Statate of Limitations should be stricken as immaterial and impertinent under Fla, R. Civ. 1.140 (f). Under the recent 3" DCA raling in Collazo vy HSBC, 3D14-2208 (FLA 3% DCA April 3. 2016), the District Court ordered the trial court to “determine the correct sum of principal and interest due under the mortgage note calculated by excluding monthly instalment payments due over five years before the commencement of the second foreclosure suit”. In effect, the 3 DCA ruled that when trial courts are posed with a possible breach of Statute of Limitations in mortgage foreclosure actions, the issue is not whether the Plaintiff, despite the breach, can obtain judgment, but rather how far back the Plaintiff can claim monetary damages. Matter ID: 1113-750561BHere, although the Defendant has an ownership interest in the subject property, there stands no harrn of the Plaintiff seeking any monetary damages against UV CITE LLC, because it neither signed the note, nor assumed the payment obliations under the note when it took title. Any judgment against this defendant will be in rem only. Thus, the defense of Statute of Limitation as pertaining to UV CITE LLC is immaterial and impertinent under Rule 1.140(f) when viewed in the light of Collazo, and should be stricken. WHEREFORE, the Plaintiff, hereby prays that this Honorable Court grant its Motion to Strike the Affirmative Defenses and for other relief that this Court deems just and proper. CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing was provided via E-Mail or Regular U.S, Mail to the parties listed on the service list on this 2 © day of fn Fo A. ALDRIDGE | PITE, LLP Attorney for Plaintiff 1615 South Congress Avenue, Suite 200 Delray Beach, FL 33445 Telephone: (561) 392-6391 Facsimile: 392-6965 Cpe By FBN: @ Primary E-Mail: ServiceMail@aldridgepite.com Matter 1D: 1113-750561BService List: By E-Mail: Daphne Tako, Esq. Biscayne Law Firm, P.A. 1125 NE 125" Street, Suite 114 North Miami, FL 33161 Attorney for Defendant UV CITE LLC. biscaynelawfirm@gmail.com daphne @biscaynelawfirm.com Peter Delia, Esq. Law office of Darylaine Hernandez, LLC The Capitol, Suite PL-01 Tallahassee, FL 32399 oag. foreclose.eserve@myfloridalegal.comt Steven H. Rothstein, Esq. Steven H. Rothstein, First Assistant City Attorney for Defendant, CITY OF MIAMI BEACH 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 stevenrothstein@miamibeachfl.gov By U.S. Mail: Alberto Rodriguez 1605 West 65th Street Hialeah, FL 33012-6109 Baptist Hospital of Miami, Ine. c/o David R. Friedman, Registered Agent 6855 Red Road, Ste. 500 Coral Gables, PL 33143 LVNV Funding, LLC C/O Corporation Service Company, as Registered Agent 1201 Hays Street Tallahassee, FL 32301-2699 Castle Beach Club Condominium Association, Inc, Paul D. Breitner, R.A. 200 S. Biscayne Boulevard, Suite 1800 Miami, FL 33131 Matter ID: 1113-750561B