On October 18, 2019 a
Answer
was filed
involving a dispute between
Nationstar Mortgage Llc,
and
Bode, Gregory C,
Noble, Diane Claire,
for Real Prop Homestead Res Fore - >$50K - <$250,000
in the District Court of Broward County.
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Filing # 103232160 E-Filed 02/12/2020 09:57:11 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
NATIONSTAR MORTGAGE, LLC, CASE NO.: CACE19-021634 (11)
D/B/A MR. COOPER,
Plaintiff,
v.
GREGORY BODE AND DIANE BODE
n/k/a DIANE NOBLE,
Defendants.
/
ANSWER WITH AMENDED AFFIRMATIVE DEFENSES
Defendant DIANE NOBLE, by and through counsel, file this Answer and Amended
Affirmative Defenses and states as follows:
1. Admit as to jurisdictional purposes only.
2. Admit as to a Note and Mortgage being attached. The documents shall speak for
themselves.
3. Defendant does not have sufficient information as to admit and/or deny this
allegation.
4. Denied in part.
5. Denied.
6. Denied in part.
7. Denied.
8. Defendant does not have sufficient information as to admit and/or deny this
allegation.
9. Defendant does not have sufficient information as to admit and/or deny this
allegation.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/12/2020 09:57:11 PM.****10.
allegation.
11.
allegation.
themselves.
15.
themselves.
16.
allegation.
17.
themselves.
18.
allegation.
19.
allegation.
Defendant does not have sufficient information as to admit and/or deny this
Defendant does not have sufficient information as to admit and/or deny this
Denied.
Admit as to jurisdictional purposes only.
Admit as to a Note and Mortgage being attached. The documents shall speak for
Admit as to a Mortgage being attached. The documents shall speak for
Defendant does not have sufficient information as to admit and/or deny this
Admit as to a Note and Mortgage being attached. The documents shall speak for
Defendant does not have sufficient information as to admit and/or deny this
Defendant does not have sufficient information as to admit and/or deny this
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSEThe Plaintiff has failed to provide factual support to serve as a proper legal basis to
support its allegations against Defendant, and as a result has insufficiently pled erroneous
conclusions of law and opinion. The original lender is Citibank. The acting nominee was/is
MERS, Mortgage Electronic Registration System. Whereas, the current Plaintiff is Nationstar.
There is insufficient facts pled in the Complaint and/or supporting evidence to explain how the
Plaintiff could be the proper holder of the Note and/or Mortgage enabling them to foreclose on
the subject home.
SECOND AFFIRMATIVE DEFENSE
The Defendant is owed a set-off for any and all erroneous interest rates applied to the
alleged debt and for payments made subsequent to November 2018. Defendant Gregory Bode
made minimally two (2) payments after the date set forth in the Complaint. Defendant(s) should
be entitled to any and/all set-offs paid by Defendant(s) and received by Plaintiff and/or lender for
the subject property and therefore receive a credit for any erroneous interest rates applied.
THIRD AFFIRMATIVE DEFENSE
Defendant has tendered funds to the mortgage company since 2017. Plaintiff has
accepted funds from the Defendant, however has failed to give credit for same. As such,
Plaintiffs lawsuit is premature, and not in good faith. Specifically, Defendant Gregory Bode
made minimally two (2) payments after the date set forth in the Complaint. Defendant(s) should
be entitled to any and/all set-offs paid by Defendant(s) and received by Plaintiff and/or lender for
the subject property.
FOURTH AFFIRMATIVE DEFENSE
Plaintiff has failed to state a cause of action as it lacks standing to bring this suit in that it
was not the holder of the note and/or mortgage prior to and/or at the time of the filing of this suitand/or that a proper assignment of mortgage was not successfully executed. The original lender
is Citibank. The acting nominee was/is MERS, Mortgage Electronic Registration System.
Whereas, the current Plaintiff is Nationstar. There is insufficient facts pled in the Complaint
and/or supporting evidence to explain how the Plaintiff could be the proper holder of the Note
and/or Mortgage enabling them to foreclose on the subject home.
FIFTH AFFIRMATIVE DEFENSE
Plaintiff has failed to meet the elements of Mortgage Reformation in its Count II. Count
II fails in specifically pleading the elements of reformation. It fails to properly plead the facts
concerning the creation of the written agreement, its language, the language intended by the
parties, the mutual mistake, and how the parties’ performance under the reformed agreement will
be affected.
Respectfully Submitted,
Law Office of Peggy Urbaneja, P.A.
7401 Wiles Road, Suite 128
Coral Springs, FL 33067
954.840.0421
peggy@urbanejalaw.com
/s Peggy Urbaneja
By: Peggy Urbaneja, Esquire
Fla. Bar No.: 0678805
CERTIFICATE OF SERVICE
I] HEREBY CERTIFY that a true and correct copy of the foregoing was mailed via
electronic mail on this 12" day of February 2020 to: Robertson, Anschutz and Schneid, P.L. at
mail@rasflaw.com.
/s Peggy Urbaneja
By: Peggy Urbaneja, Esquire
Preview
Filing # 103232160 E-Filed 02/12/2020 09:57:11 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NATIONSTAR MORTGAGE, LLC, CASE NO.: CACE19-021634 (11) D/B/A MR. COOPER, Plaintiff, v. GREGORY BODE AND DIANE BODE n/k/a DIANE NOBLE, Defendants. / ANSWER WITH AMENDED AFFIRMATIVE DEFENSES Defendant DIANE NOBLE, by and through counsel, file this Answer and Amended Affirmative Defenses and states as follows: 1. Admit as to jurisdictional purposes only. 2. Admit as to a Note and Mortgage being attached. The documents shall speak for themselves. 3. Defendant does not have sufficient information as to admit and/or deny this allegation. 4. Denied in part. 5. Denied. 6. Denied in part. 7. Denied. 8. Defendant does not have sufficient information as to admit and/or deny this allegation. 9. Defendant does not have sufficient information as to admit and/or deny this allegation. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/12/2020 09:57:11 PM.****10. allegation. 11. allegation. themselves. 15. themselves. 16. allegation. 17. themselves. 18. allegation. 19. allegation. Defendant does not have sufficient information as to admit and/or deny this Defendant does not have sufficient information as to admit and/or deny this Denied. Admit as to jurisdictional purposes only. Admit as to a Note and Mortgage being attached. The documents shall speak for Admit as to a Mortgage being attached. The documents shall speak for Defendant does not have sufficient information as to admit and/or deny this Admit as to a Note and Mortgage being attached. The documents shall speak for Defendant does not have sufficient information as to admit and/or deny this Defendant does not have sufficient information as to admit and/or deny this AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSEThe Plaintiff has failed to provide factual support to serve as a proper legal basis to support its allegations against Defendant, and as a result has insufficiently pled erroneous conclusions of law and opinion. The original lender is Citibank. The acting nominee was/is MERS, Mortgage Electronic Registration System. Whereas, the current Plaintiff is Nationstar. There is insufficient facts pled in the Complaint and/or supporting evidence to explain how the Plaintiff could be the proper holder of the Note and/or Mortgage enabling them to foreclose on the subject home. SECOND AFFIRMATIVE DEFENSE The Defendant is owed a set-off for any and all erroneous interest rates applied to the alleged debt and for payments made subsequent to November 2018. Defendant Gregory Bode made minimally two (2) payments after the date set forth in the Complaint. Defendant(s) should be entitled to any and/all set-offs paid by Defendant(s) and received by Plaintiff and/or lender for the subject property and therefore receive a credit for any erroneous interest rates applied. THIRD AFFIRMATIVE DEFENSE Defendant has tendered funds to the mortgage company since 2017. Plaintiff has accepted funds from the Defendant, however has failed to give credit for same. As such, Plaintiffs lawsuit is premature, and not in good faith. Specifically, Defendant Gregory Bode made minimally two (2) payments after the date set forth in the Complaint. Defendant(s) should be entitled to any and/all set-offs paid by Defendant(s) and received by Plaintiff and/or lender for the subject property. FOURTH AFFIRMATIVE DEFENSE Plaintiff has failed to state a cause of action as it lacks standing to bring this suit in that it was not the holder of the note and/or mortgage prior to and/or at the time of the filing of this suitand/or that a proper assignment of mortgage was not successfully executed. The original lender is Citibank. The acting nominee was/is MERS, Mortgage Electronic Registration System. Whereas, the current Plaintiff is Nationstar. There is insufficient facts pled in the Complaint and/or supporting evidence to explain how the Plaintiff could be the proper holder of the Note and/or Mortgage enabling them to foreclose on the subject home. FIFTH AFFIRMATIVE DEFENSE Plaintiff has failed to meet the elements of Mortgage Reformation in its Count II. Count II fails in specifically pleading the elements of reformation. It fails to properly plead the facts concerning the creation of the written agreement, its language, the language intended by the parties, the mutual mistake, and how the parties’ performance under the reformed agreement will be affected. Respectfully Submitted, Law Office of Peggy Urbaneja, P.A. 7401 Wiles Road, Suite 128 Coral Springs, FL 33067 954.840.0421 peggy@urbanejalaw.com /s Peggy Urbaneja By: Peggy Urbaneja, Esquire Fla. Bar No.: 0678805 CERTIFICATE OF SERVICE I] HEREBY CERTIFY that a true and correct copy of the foregoing was mailed via electronic mail on this 12" day of February 2020 to: Robertson, Anschutz and Schneid, P.L. at mail@rasflaw.com. /s Peggy Urbaneja By: Peggy Urbaneja, Esquire