IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA MIDLAND FUNDING LLC as successor in interest to Bank of America

Plaintiff, Vs. xxxxxxxxxx Defendant(s) ______________________________/ CASE NO. COWE 11-03XXX CIVIL ACTION SUMMONS

ANSWER Comes Now The Defendant, xxxxxxx appearing pro se, for its reply to the Complaint naming MIDLAND FUNDING LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein.

ANSWERS TO JURISDICTIONAL AND FACUAL ALLEGATIONS

2. Admit in part. I did have an account with Bank of America. Deny in part, I have been presented no evidence that the account I had with Bank of America is the same account as the debt alleged in this complaint. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations. Plaintiff has provided no evidence that they are the legal successor in interest to Bank of America.

ANSWER TO COUNT I

6. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment

ANSWER TO COUNT II

9. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

11. Defendant denies the allegations as there is not, nor has there ever been any agreement, written, oral or implied with the Plaintiff and Defendant.

ANSWER TO COUNT III

14. Defendant specifically denies the allegations in this paragraph, as there is not, nor has there ever been any agreement, written, oral or implied between the Plaintiff and the Defendant and puts Plaintiff to its strictest proof thereof.

AFFIRMATIVE DEFENSES

1. Midland Funding LLC has not proven that they were retained by Bank of America as its successor in interest in this matter.

2. Plaintiffs Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration. Defendant alleges the Plaintiff has not attached a copy of the account, showing items, time of accrual of each, and amount of each, as required, pursuant to Fla.R.Civ.P 1.932. An itemized copy of the account must be attached to the complaint to state a valid claim; a statement of a lump sum balance dues is insufficient. H & H Design Builders, Inc v. Travelers Indemnity Co., 639 So.2d 697 (Fla. App. 5 Dist. 1994)

4. Plaintiff's complaint fails to allege a valid assignment of the debt and there are no averments as to the nature of the purported assignment or evidence of valuable consideration; Plaintiffs Complaint fails to allege was partial or complete and there is no evidence that the purported assignment was bona fide.

5. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that

the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

6. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

7. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. One party cannot unilaterally create a liability on an open account when no contract (either oral or written) exists out of which a debtor-creditor relationship could arise. Cherokee Oil Co. v. Union Oil Co. of California, 706 F.Supp. 826 (M.D. Fla. 1989) affirmed 901 F.2d 1114.

8. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted. Complaint failed to state cause of action for Account Stated where allegations therein did not show existence of a mutual agreement. Dionne v. Columbus Mills, Inc., 311 So.2d 681 (Fla. App. 2 Dist. 1975)

10. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

11. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account).

12. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

13. Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

14. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged

account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

15. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE, Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper. Further the defendant sayeth not.

By the Defendant acting pro se.

I hereby certify that a copy of the foregoing on the ____ day of April, 2011, has been furnished by U.S. mail Postage prepaid, facsimile or hand delivery to the following: Scott E. Modlin, Esq. SPRECHMAN & ASSOCIATES, P.A Plaintiff/Plaintiffs Attorney 2775 Sunny Isles Blvd, Ste 100 Miami, FL 33160-4007 305-521-8840 100 N. Pine Island RD Plantation, Florida 33324

Defendant,

____________________________ xxxxxxxxxxx