IN THE CIRCUIT COURT IN AND FOR _______________COUNTY, FLORIDA _(Bank)_______________________ _____________________________ _____________________________, Plaintiff, vs. __(Defendant(s))__________, Defendant(s).

____________________________/ DEFENDANTS ANSWER TO COMPLAINT, DEFENSES AND AFFIRMATIVE DEFENSES COMES NOW Defendant(s) _________________________________, and file their answer, and as grounds therefore would state: 1. Defendant admits to the allegations contained in paragraph ________________________________________________________________. 2. Defendant Denies to the allegations contained in paragraphs ________________________________________________________________. 3. Defendant is without sufficient knowledge to respond as to paragraphs ________________________________________________________________. AFFIRMATIVE DEFENSES Defendant(s), set forth the following affirmative defenses: 4. First Affirmative Defense: The Plaintiff does not have standing CASE NO.: _____________________

CIVIL DIVISION

to bring the above captioned action as the Plaintiff has failed to provide any indication that it is the real party in interest. The note attached to the Complaint evidences __ _________________________ _ as the originating lender. The

mortgage evidences _____________________________ _ as the originating mortgagee. The plaintiff has failed to comply with the Florida Rules of Civil

Procedure by failing to attach an documentation to the Complaint that would indicated that Plaintiff has a right or entitlement to bring this action. By failing in this regard, the Plaintiff lacks standing to bring this action. 5. Second Affirmative Defense: Plaintiff violated the Fair Debt

Collection Practices Act and should be barred from bringing the lawsuit until Plaintiff complies with the notice provision. a. Plaintiffs complaint alleges that Plaintiff is the holder of the note and/or mortgage and is entitled to enforce the note and/or mortgage. b. Plaintiff has not yet pled with particularity of certainty that is has the right to enforce the subject note and/or mortgage. c. Plaintiff does not provide the evidence of sufficient legal proof that it acquired such right to enforce the note and/or mortgage. d. Plaintiff fails to present the original of the note and/or mortgage which this action is based. e. Defendant(s) argue that the Plaintiff should be able to produce and attach the original note and/or mortgage upon which this action is based in order to prove that Plaintiff is legally entitled to enforce such instruments.

6.

Third Affirmative Defense: Plaintiff may not bring this action at

this time as Plaintiff has failed to provide verification of the debt pursuant to the Fair Debt Collection Practices Act. a. Defendant(s), pursuant to 15 U.S.C. 1692(g) Sec. 809 (b) of the Fair Debt Collection Practices Act, hereby notify Plaintiff that its

claim is disputed and that validation of the debt is requested. Pursuant to this Act, Plaintiff must suspend its efforts to collect said debt (through litigation or otherwise) until such validation is provided to Defendant(s). 7. Fourth Affirmative Defense: Plaintiff should be barred from

bringing this action based on the doctrine of unclean hands. a. Plaintiff instituted this action but has not pled with certainty that it is a party legally entitled to enforce the instruments which are the basis of this action. b. By not providing any notice, evidence, or proof, that Plaintiff provided notice to Defendant regarding Acceleration, as Plaintiff has not fulfilled all conditions precedent to the acceleration of the mortgage and/or note. 8. Fifth Affirmative Defense: Plaintiff cannot bring this action at this

time because they failed to attach a copy of the original note and/or mortgage. a. The Florida Rules of Civil Procedure 1.130 requires that All . . . notes . . . or documents upon which action may be brought or defense made, or a copy thereof or a copy of the portions thereof

material to the pleadings, shall be incorporated in or attached to the pleading. b. Plaintiffs complaint fails to allege sufficient facts to support why Plaintiff has not attached the original note and/or mortgage to the complaint. c. With proper due diligence, plaintiff should be able to produce and attach the original note and/or mortgage upon which this action is based. d. Accordingly, plaintiff has failed to establish that it is current holder and owner of the note and/or mortgage. 9. Sixth Affirmative Defense: Plaintiff failed to establish standing

as a real party in interest or otherwise failed to plead and attach as evidence any Assignment or other instrument demonstrating ownership of the subject note and/or mortgage. Plaintiff has failed to plead and prove the terms of any

purported Assignment and Plaintiffs right to enforce it, as required by the Florida Statutes. 10. Seventh Affirmative Defense: Defendant(s) are attempting to

negotiate a request for hardship assistant to Plaintiff seeking to modify the terms of the note and/or mortgage to reinstate the loan and settle the action herein. Dated on this _(day)_ day of _(month)_, 201_.

_(signature)___________ (Print name) (address) (phone number)

CERTIFICATE OF SERVICE I CERTIFY that the DEFENDANTS ANSWER TO THE COMPLAINT ALONG WITH AFFIRMATIVE DEFENSES, was served by REGULAR MAIL on the attorneys of record/interested parties in this action: _(law firm name and address)______________________on this _(day)_ day of _(month)_, 201_.

_(signature)___________ (Print name) (address) (phone number)