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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www. fisb.uscourts.gov IN RE: JEFF M. WEINRAUB, ENID WEINRAUB, Debtors, WEINRAUB, ENID WEINRAUB, Plaintiff, vs. HARRY WINSTON, INDIVIDUALLY, THE WEINRAUB IV TRUST #1052, HARRY WINSTON, TRUSTEE, FLORIDA’S FORECLOSURE ALTERNATIVE, LLC, and JEFFREY KROOP, Defendants. AD) NOW INTO COURT, through undersigned counsel, comes JEFF M. WEINRAUB, and ENID WEINRAUB, the Plaintiffs herein (Hereinafter “The Weinraubs”], and sue HARRY WINSTON, INDIVIDUALLY (Hereinafter “Winston”), THE WEINRAUB IV TRUST #1052, (Hereinafter “The Trust"), whose trustee is HARRY WINSTON, TRUSTEE , (Hereinafter “Winston as Trustee”), FLORIDA’S FORECLOSURE ALTERNATIVE, LLC (Hereinafter “FFA”), and JEFFREY KROOP (Hereinafter “Kroop”), alleging as grounds therefore as follows; to wit, adversary? 100806. :OMPLA\ CASE NO.: 06-14636-BKC-RBR Chapter 13 ADV. PRO. NO.: Lo Gf of Fart B. Fenpon, PAL 5 FW Shan % Feat Leona, Prne $8801 Tibphana (0) 506.8181 & Fraime (954) 768-517 In Re: Weinraub Case No: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No. The Weinraubs' Adversary Complaint Page 2 PRELIMINARY STATEMENT 1, Thisis a complaint challenging the validity and/or extent of the Defendant Winston, as Trustee and or Winston individually and or FFA, and or Kroop’s ownership interest in the property of the estate, which the Weinraubs assert they own, The Trust and or Winston individually and or FFA and or Kroop’s claim for rent, on the basis of the Federal Truth in Lending Act, 15 US.C. §§1601-1666j (Hereafter “TILA”), and alternately on the grounds that the claim of ownership and or the claim for rent is without foundation, 2. The Debtor/Plaintiff Weinraubs seek a determination that they properly rescinded the security held on their home owned by them, now technically titled in the name of the Defendant Winston, as Trustee for The Weinraub IV Trust #1052, and that Winston as Trustee and or Winston individually and or FFA, and or Kroop have no claim in this bankruptcy, whether administrative, secured or an unsecured claim. In addition, Debtors/Plaintiffs, The Weinraubs, seek: damages for the Defendants’ failure to rescind under the Truth In Lending Act; remedies for the transaction under Florida's usury laws; and an order quieting title in the property free of any title, claim and or lien which may be held by Winston as Trustee and or Winston individually and or FFA, and or Kroop, and declaratory relief determining the rights liabilities obligations and duties of the parties in the property. JURISDICTI 3. Jurisdiction of the Bankruptcy Court in this matter is provided by 28 U.S.C. §§ 1334 and 157, as amended. 4, This is a core proceeding adversary? 100806.pd Lane Sis of Shares B, Shp, PAL 500 FWot Sho. & Ft Lakadels, Poa 1801 Flfbone. (08s) 888.8181 & Focinds B88) 761577 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No “The Weinraubs' Adversary Complaint Page 3 PARTIES 5. The Debtor/Plaintifis, Jeff'M. Weinraub, and Enid Weinraub are sui juris, and reside at 10529 NW 57 Ct., Coral Springs, Fl., 33076. 6. The Weinraubs are debtors in this Court, having filed a bankruptcy petition pursuant to chapter 13 of the Bankruptcy Code. 7. Defendant, Winston Individually and as Trustee of The Weinraub IV Trust #1052 is a natural person resi jing in the State of Florida, Broward County Florida, and otherwise sui juris. 8 The Weinraub IV Trust #1052 is an improperly formed Land Trust created by Winston and or FFA and or Kroop for the sole purpose of furthering the scheme to disguise a home secured consumer credit transaction governed by TIL as a “sale lease option” as further alleged below. 9. Florida’s Foreclosure Alternative, LLC, is a bona fide Florida Limited Liability Corporation doing business at 934 N. University Drive, Suite 434, Coral Springs, Broward County Florida, 33071, registered Agent: Filings, Inc. 3732 N.W. 16” St., Ft. Lauderdale, FI, 33311-4132. 10, Jeffrey Kroop is an individual residing in and doing business in Broward County, Florida IL. Defendant Winston as Trustee and or Winston individually and or FFA, and or Kroop disguised the secured consumer credit transaction referred to above within the following documents: Deed to Trustee; Disclaimer; Seller Disclosure Form; hand written untitled “disclaimer” with copies of driver's licenses; Land Trust Agreement and Declaration of Trust; Deed to Trustee; Assignment of Beneficial Interest to Trust; Trust and Real Estate Purchase and Sale Agreement; Bill of Sale; Due adversary? 100806 np La Ofinsof Se: B, en, PAA. 57 FW he % Frnt Zain, Fs $880 Feira (488) 20-01 & Frsinl Q88) 168-5007 In Re: Weinraub Case No.: 06-14636-BKC-RBR ‘Weinraub v. Winston, ete, Case No. ‘The Weinraubs' Adversary Complaint Page on Sale Acknowledgment; Error and Omission Compliance Agreement; Authorization to Change Property Insurance; Limited Power of Attomey; Authorization to Release Information; Lease and Contract for Option; Addendum; Rental/Lease Agreement; and, Real Estate Sale Contract (Hereinafter referred to collectively as the “Sale/Lease/Option” or “SLO”). The Weinraubs attach hereto copies of the above described documents as Composite Exhibit “A”. 12, These documents are not a “sale and lease back” but in fact a consumer credit transaction, and/or a “loan of money,” and the “deed to trustee” is a security interest in The Weinraubs’ primary residence given to secure repayment of the consumer credit transaction, within the meaning of the Federal Truth in Lending Act, as further alleged below. EGATIONS CO! (ON TO ALL COUNTS 13. Thisis an adversary proceeding seeking declaratory relief from this Court pursuant to 11 U.S.C. § 510 and Rule 7001 of the Federal Rules of Bankruptcy Procedure to: (i) determine the validity, priority and extent of certain interests held by the respective parties in and to certain property which is subject to the jurisdiction of this Court; (ii) establish that Winston as Trustee and or Winston individually and or FFA, and ot Kroop are creditors as a result of the SLO referred to above, in that the SLO constituted a consumer credit transaction and violated the Federal Truth in Lending Act, 15 U.S.C. §1601 (Hereinafter TIL) and 12 C.F.R. 226.1 (Hereinafter Reg. Z) leading to The Weinraubs’ extended right to rescind the SLO under TIL §1635 and Reg Z §226.23, and damages under TIL §1640; (iii) establish that the Weinraub/Winston SLO is a consumer credit transaction that violated Florida’s usury laws; (iv) quiet title in the property in The Weinraubs free and clear from any claims which may be asserted by Winston as Trustee and or Winston individually avers? 100806.9pd Lae fis of eons B. Benpaon, PA 580 SW on Fret Ladeel, Revie $8201 (Tefen: (980) 508-8181 % Fri (980) 188-5107 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, e., Case No ‘The Weinraubs' Adversary Complaint Page S and or FFA, and or Kroop; (v) in addition and/or the alternative, declare the rights duties, obligations and liabilities of the parties thereto; and, (vi) in addition to and or the alternative award the Weinraubs damages for breach of contract. 14, For several years prior to July 1, 2005, The Weinraubs owed and had title to their primary residence, which has a street address of 10529 NW 57 Ct., Coral Springs, Fl., 33076-2810, (Hereinafter referred to as “The Weinraub’s Home”) and otherwise identified and described as: A portion of Parcel “A” of Kensington Manor as recorded in Plat Book 155 at page 49 of the public records of Broward County Florida, being more particularly described as follows: Commence at the Southwest Comer of said Parcel “A” thence north 00 degrees 31 minutes 57 seconds east along the west line of Parcel “A” for 536.12 feet; thence south 89 degrees 28 minutes 03 seconds east, at right angles to the last course, for 616.65 feet to the point of beginning of the tract of land hereinafter described; thence continue south 89 degrees 28 minutes 03 seconds east for 31.50 feet; thence south 00 degrees 31 minutes 57 seconds west for 55.00 feet; thence north 89 degrees 28 minutes 03 seconds west for 31.5 feet; thence north 00 degrees 31 minutes 57 seconds east for 55.00 feet to the point of beginning. The property is also known as Lot 10 Cinnamon Crossings, Folio #48-41-08-16-0100 of the Public Records of Broward County Florida. 15. The Weinraubs deraign their title as follows: a. On February 28, 1997, Cinnamon Crossings Inc. executed and delivered a Special Warranty deed to Jeff M. Weinraub and Enid Weinraub, his wife, recorded 03/05/1997 at Book 26107 Page 675 with the clerk of court Broward County, Florida. b. On July 1, 2005, Jeff M. Weinraub and Enid Weinraub, his wife, executed and delivered a Deed to Trustee, Harry Winston, Trustee of the Weinraub IV Trust 1052, recorded 07/01/2005 at Book 39987 Page 1491 with the clerk of court Broward County, Florida. This dee is nothing more than a mortgage under Fla, Stat, §697.01, and security for ‘a consumer credit transaction under TIL, as further described below. versary2100806.pd Lau Of of Sant B. Sen, PEAR 518 PW (Oe. & Fat Leeda, Revie 8901 Fiona (84) ses & Fev (4) 168.17 In Re: Weinraub Case No.: 06-14636-BKC-RBR ‘Weinraub v. Winston, et., Case No. ‘The Weinraubs' Adversary Complaint Page 6 c. The above-mentioned deeds are attached hereto as Exhibit 16. On and prior to July 1, 2005, The Weinraubs were faced with serious financial difficulties, leading to the filing of a mortgage foreclosure complaint against them by their then ‘mortgagee, Mortgage Electronics Registration Systems, Inc., as Nominee for Countrywide Home Loans Inc., (Hereinafter collectively as “MERS”), Case No.: 05-6414, Broward County, Florida, filed on April 27, 2005. The Weinraubs attach hereto a copy of the Lis Pendens as Exhibit “C.” 17. The MERS mortgage referred to above was secured by The Weinraub’s home, which was their primary residence at the time of execution and delivery of the mortgage, and the filing of the foreclosure suit, Case No.: 05-6414 Broward County, Florida. 18. MERS’ mortgage and note required that The Weinraubs pay MERS a principal and interest payment of approximately $1,036.73 per month, with an additional $433.69 as escrow for taxes and insurance, and a total monthly mortgage payment of $1,470.42. 19. Prior to and during the pendency of the MERS foreclosure, The Weinraubs were anxious that they not lose their home and were actively looking for a loan. The Weinraubs consulted with potential lenders for the purpose of obtaining a loan to prevent the foreclosure, but none of their efforts were successful. 20. On information and belief, at some time between April, 2005, and July, 2005, Winston as Trustee and or Winston individually and or FFA, and or Kroop discovered that MERS filed a foreclosure against the Weinraubs, which could lead to ajudgment of foreclosure and a public sale of The Weinraub’s home under Fla. Stat. §45.031 21, Winston as Trustee and or Winston individually and or FFA, and or Kroop then sdversry2100806.9p8 Law Of of Shri B. Senn, PAY 8 BW.1 Coe + Fat Labeda, Rede 38901 Fephans: (98) 58-s001 & Frsinle(958) 762-517 In Re: Weinraub Case No: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No, ‘The Weinraubs’ Adversary Complaint Page? approached The Weinraubs for the purpose of lending The Weinraubs the necessary funds to stop the MERS foreclosure. Upon information and belief, the amount necessary to bring the MERS ‘mortgage current, and have MERS dismiss its foreclosure and lis pendens in the foreclosure suit, Case No.: 05-6414 Broward County, Florida was approximately $10,770.28. 22, Onorabout July 1,2005, Winston as Trustee and or Winston individually and or FFA, and or Kroop agreed to lend The Weinraubs the approximate $10,770.28 that The Weinraubs needed to stop the MERS foreclosure, bring the mortgage current, have MERS dismiss its foreclosure and lis pendens, pay $499.50 to Cinnamon Crossings for past Homeowner's Association payments (hereinafter “HOA”), and “save The Weinraubs’ home” under the following described consumer credit transaction secured by The Weinraubs’ primary residence, disguised as the SLO, Exh. “A”. 23, Winston as Trustee and or Winston individually and or FFA, and or Kroop proposed that The Weinraubs execute and deliver the SLO Exh. “A” documents, including the Trust Agreement and Deed to Trustee, which, paraphrasing the words used, would: a. Constitute @ temporary sale of The Weinraub’s home from The Weinraubs to Winston as Trustee and or Winston individually and or FFA, and or Kroop for the sum of mortgage debt against the property, the approximately $164,500.00 owed to MERS on its mortgage, the $1,500.00 advanced to the Weinraubs, and $499.50 to the HOA; b. Rent The Weinraub’s home back to The Weinraubs for $1,855.14 per month, which would be reduced to $1,755.14 per month if paid timely, with an option to re-purchase the ‘Weinraub home on or before July 1, 2006, after approximately 12 months from the deed to trustee; aversay2 100806.0pd Law fi f here B, Spon, PAY 5 FW1 hoe % Fo Lobos, Pade $8804 Tbban 34) 5064181 &% Foie G6) 768-5107 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No. ‘The Weinraubs’ Adversary Complaint Page 8 ©. Allow The Weinraubs to remain in their home for the 12 month “rental” period without having to move or without turning over possession of The Weinraub’s home to Winston as Trustee and or Winston individually and or FFA, and or Kroop, advancing $1,500.00 to the Weinraubs and $499.50 to the HOA as part of the transaction; and, 4. After the approximate 12 month rental period, allow The Weinraubs to repurchase their home back from Winston as Trustee and or Winston individually and or FFA, and or Kroop for the price of $199,189.84, plus assume the existing MERS mortgage, a repurchase price $32,690.34 ($34,689.84 gross profit less the $1,500.00 advanced to the Weinraubs, less. $499.50 to the HOA) more than the $164,500.00 sale price from Winston as Trustee and or Winston individually and or FFA, and or Kroop, even assuming that the price did not include the $199,189.84 assumption. 24. Under the above proposed scheme, Winston as Trustee and or Winston individually and or FFA, and or Kroop prepared and required The Weinraubs to execute the SLO Exh. “A” which would temporarily transfer title in The Weinraub’s home for the 12 month rental period, and after 12 months time, The Weinraubs would “refinance” their home. 25. Inreality, Winston as Trustee and or Winston individually and or FFA, and or Kroop structured the transaction so that Winston as Trustee and or Winston individually and or FFA, and or Kroop would give an extension of credit to The Weinraubs in the approximate amount of $10,770.28, which sum would be used to bring the MERS and Hollywood mortgages current, plus the $499.50 to the HOA, plus the $1,500.00 advance. 26, _ Inreality, Winston as Trustee and or Winston individually and or FFA, and or Kroop dversiy? 100806 9p Lane fi of Bart Be. Serf, PAY 517 SW loa, & Fart Laarale, Feria 38301 Tepe (088) 500-8131 % Fresinl (V88) 188-5007 In Re: Weinraub Case No. 06-14636-BKC-RBR Weinraub v. Winston, ete, Case No. ‘The Weinraubs' Adversary Complaint Page? structured the transaction so that the $1,855.14 per month lease payment would be used to pay The Weinraub’s approximately $1,470.42 monthly mortgage payment, principal, interest, taxes, and insurance, to MERS, leaving approximately $384.72 per month as The Weinraub’s payment to Winston as Trustee and or Winston individually and or FFA, and or Kroop on the loan of $12,769.78 ($10,770.28 to MERS to reinstate the MERS mortgage, plus the $1,500.00 advance to the Weinraubs plus $499.50 to the HOA). 27. Inreality, Winston as Trustee and or Winston individually and or FFA, and or Kroop structured the transaction so that the “re-purchase price” of $199,189.84 was $33,189.84 more than the $164,500.00 sale price from Winston as Trustee and or Winston indi lually and or FFA, and orKroop, and would further repay Winston as Trustee and or Winston individually and or FFA, and orKroop for lending The Weinraubs the approximate $12,769.78, $10,770.28 to MERS to reinstate the MERS mortgage, plus the $1,500.00 advance to the Weinraubs, plus the $499.50 to bring the HOA current, 28. _ FFA, and or Kroop issued the $10,770.28 reinstatement check to MERS, which check was drawn on an FFA account, indicating that FFA, and or Kroop have an interest in the SLO transaction. A copy of the FFA check is attached hereto as Exhibit “D. 29. Kroop, individually by and through counsel submitted an Exhibit Register to the Court in opposition to the Weinraub’s Emergency Motion to Waive Requirement of 11 USC §362, indicating that Kroop has an interest in the SLO transaction. A copy of the Exhibit Register index is attached hereto as Exhibit “E.” 30. — Winston as Trustee and or Winston individually and or FFA, and or Kroop further dvesary2 100806. Lou feof Sar: B. Senor, PAP 57 FW.1 on + Feet Loubedaa, Rede 3301 Tfbare (G64) 888.881 & Faint G88) 768-507 In Re: Weinraub Case No,’ 06-14636-BKC-RBR ‘Weinraub v. Winston, ete, Case No. ‘The Weinraubs’ Adversary Complaint Page 10 required that The Weinraubs retain all indicia of ownership of their home during the 12 month rental period, even though the transaction resulted in the loss of The Weinraub’s Homestead Exemption; that is, on execution of the Deed, The Weinraubs would not have to leave their home, nor deliver possession of their home to Winston as Trustee and or Winston individually and or FFA, and or Kroop, and The Weinraubs would continue to pay all the taxes, all the costs for upkeep, maintenance, insurance (which policy was not changed to reflect the ownership change except to make Winston a loss payee), and costs of utilities due on their home, and all other indicia of ownership as set forth in the attached lease, except that The Weinraub’s tax liability increased in 2006. 31. Thenet effect of the above agreement was that Winston as Trustee and or Winston individually and or FFA, and or Kroop held a security interest against The Weinraub’s home for a 12 month period to secure the repayment of the loan of approximately $12,769.78. Based on the above, Winston as Trustee and or Winston individually and or FFA, and or Kroop would realize a minimum return of $384.72 per month, less $120.00 per month HOA, or $3,176.64 ($264.72 x 12) in monthly payments over the 12 months prior to the exercise of the option to purchase, assuming, Winston as Trustee and or Winston individually and or FFA, and or Kroop paid approximately $1,470.42 per month for MERS” principal and interest mortgage payment. 32. The“repurchase premium” of $33,189.84 overthe $164,500.00 initial saleprice from ‘The Weinraubs to Winston as Trustee and or Winston individually and or FFA, and or Kroop, plus the $3,176.64 “rent,” gave Winston as Trustee and or Winston individually and or FFA, and or Kroop a total gross return of $36,366.48 less their $12,769.78 investment for a 12 month period, or 10 adversary? 100806. Lew fs of herr: Be. Spon, PA ® 517 LW Chen &% Trot Lobos, Ride $8301 Leepeme (480) 588.810 % Fresh (089) 168-517 In Re: Weinraub Case No.: 06-14636-BKC-RBR ‘Weinraub v. Winston, et., Case No. The Weinraubs' Adversary Complaint Page 11 $23,596.70, which is in fact “interest” and translates to more than 184% simple interest per annum forlending The Weinraubs the approximate $12,769.78, $10,770.28 to MERS to reinstate the MERS mortgage, plus the $1,500.00 advance to the Weinraubs, plus the $499.50 to bring the HOA current. COUNT I - TRUTH IN LENDING VIOLATIONS 33. The Weinraubs readapt, re-allege and reaffirm the material allegations of Paragraphs 1 through 32 and sue Winston as Trustee, and Winston individually, FFA, and Kroop, each individually and or jointly and severally, alleging as follows; to wit, 34. Atal times material hereto, this transaction was governed by the Federal Truth in Lending Act 15 U.S.C. Sec. 1601 et. seq. (TILA) and subject to the right of rescission as described by 15 U.S.C. Sec. 1635 and Reg. Z 226.23, as amended in 1995 and 1996 respectively. 35. Winston as Trustee and or Winston individually and or FFA, and or Kroop and/or each and or all engaged in the business of extending consumer credit in Broward County, Florida, 36. Atal times material hereto, Winston as Trustee and or Winston individually and or FFA, and or Kroop, in the ordinary course of its/their business regularly extended or offered to extend consumer credit for which a finance charge is or may be imposed by written agreement or payable in more than four installments. 37. Onor about July 1, 2005, The Weinraubs entered into a consumer credit transaction ‘with Winston as Trustee and or Winston individually and or FFA, and or Kroop, which was subject toa finance charge that was initially payable to Winston as Trustee and or Winston individually and or FFA, and or Kroop. 38. ‘The Weinraubs attached a copy of the consumer credit transaction to the adversary WW versa? 100806. upd Lan fis of Shares Be. en, PA 5 PW. hha Fort Ladd, Ree 12901 Teepone: G84) 0-401 & Fev (98) 768.077 Jn Re; Weinraub Case No. 06-14636-BKC-RBR Weinraub v. Winston, ete, Case No, The Weinraubs’ Adversary Complaint Page 12 complaint as Composite Exhibit ” which documents are incorporated herein by reference. 39. As part of this consumer credit transaction, Winston as Trustee and or Winston individually and or FFA, and or Kroop retained a security interest in The Weinraub’s primary residence located at 10529 NW 57 Ct., Coral Springs, FL., 33076. The described property is used as ‘The Weinraub’s principal dwelling and was so at the time of the credit transaction. 40. The consumer credit transaction was subject to The Weinraub’s right of rescission as described by 15 U.S.C. §1635(a) & (i) and Reg. Z 226.23 as amended in 1995 and 1996 respectively. 41. Inthe consumer credit transaction, Winston as Trustee and or Winston individually and or FFA, and or Kroop violated 15 U.S.C. §1635(a) and Reg. Z 226.23(b) and the Official Comments of the Federal Reserve Board Staff [0.S.C.] to Reg Z 226.23 by failing to deliver to The Weinraubs two copies of a notice of the right to rescind which: a. Identified the transaction; b. _Clearlyand conspicuously disclosed the security interest in The Weinraub’s principal dwelling; ©. Clearly and conspicuously disclosed The Weinraub’s right to rescind the transaction; 4. Clearly and conspicuously disclosed how to exercise the right to rescind the transaction, with a form for that purpose, designating the address of Winston as Trustee and or Winston individually and or FRA, and or Kroop and/or their assignor’s place of business; e. clearly and conspicuously disclosed the effects of rescission; and f clearly and conspicuously disclosed the date that the rescission period expired. 12 sdversary2100806.p, Loe Of of Shr: B, Senaon, PEA. 518 FH. 1 he + Fort Zonas, Fee $8801 Tipane (4) 0st & Fein 98) 109-817 In Re: Weinraub Case No.: 06-14636-BKC-RBR ‘Weinraub v. Winston, ete, Case No ‘The Weinraubs’ Adversary Complaint Page 13 42, _ Inthe course of the consumer credit transaction, Winston as Trustee and or Winston individually and or FFA, and or Kroop failed to deliver all material disclosures required by TILA and Regulation Z including the following: a. Failing toclearly and accurately disclose the amount financed and/or using that term, all in violation of Reg. Z 226.18(b) and 15 U. .C. 1638(a)(2(A). b. Failing to clearly and accurately disclose the finance charge and/or using that term all in violation of Reg. Z 226.4, 226.18 and 15 U.S.C. 1638(a)(3). ©. Failing to clearly and accurately disclose the annual percentage rate and/or using that term all in violation of Reg. Z 226.18(e) and 15 U.S.C. 1638(a)(4).. 4. Failing to properly disclose the number, amounts, and timing of payments scheduled to repay the obligation, in violation of Reg. Z 226.18(g) and 15 U.S.C. 1638(a)(6). ¢. Failing to clearly and accurately disclose the total of payments and/or using that term all in violation of Reg. Z 226.18 (h) and 15 U.S.C. 1638(a)(5). 43. Therefore, The Weinraubs have a continuing rescission right until the third business day after they receive the notices described above and all the material disclosures described above under 15 U.S.C. §1635 and Reg. Z 226.23(a)(3), Reg Z 226.23(b) and Official Staff Comments thereto. 44, The Weinraubs hereby rescinds the transaction again, giving notice of her intent to rescind the transaction. 45. Asaresultof the aforedescribed violations of TILA and Reg. Z, pursuant to 15 U.S.C. §1635(a), & 1635(i) and 1640(a) and (e),Winston as Trustee and or Winston individually and or 13 versa? 100806. Low Offre of Sheri B Senpon, PLAY 5 FW1 Choe, & Foot Lauderdale, Penile $8301 Teflon (485) 5t-sts1 % Frese (388) 788-517 In Re: Weinraub Case No-: 06-14636-BKC-RBR ‘Weinraub v, Winston, ete, Case No: ‘The Weinraubs' Adversary Complaint Page 14 FFA, and or Kroop and or FFA, and or Kroop jointly and severally are liable to The Weinraubs for rescission of the transaction, termination of any security interest in her residence created under the transaction, return of any property or money given by The Weinraubs to anyone, including Winston as Trustee and or Winston individually and or FFA, and or Kroop, in connection with this transaction, twice the finance charge in connection with the transaction in an amount not less than $200.00, the right to any proceeds to vest in The Weinraubs, actual damages in an amount to be determined at trial, and reasonable attomey fees. 46. Winston as Trustee and or Winston individually and or FFA, and or Kroop are liable and or FFA, and or Kroop jointly and severally for rescission under 15 U.S.C. §1641(c) as assignee, regardless of whether any of the above disclosures are apparent on the face of the documents assigned. Winston as Trustee and or Winston individually and or FFA, and or Kroop are liable and or FFA, and or Kroop jointly and severally for actual and statutory damages and attomey fees under 15 U.S.C. §1641(c) as a voluntary assignee, because all of the errors complained of above are apparent on the face of the documents assigned under §1641(a), and §1641(c). 47, Winston as Trustee and or Winston individually and or FFA, and or Kroop are liable and ot FFA, and or Kroop jointly and severally for actual and statutory damages and attorney fees under 15 U.S.C. §1640(a) and 15 U.S.C. §1635 for its own violation of TIL because Winston as ‘Trustee and or Winston individually and or FFA, and or Kroop failed and refused to rescind and has required The Weinraubs to judicially enforce their right to rescind under 15 U.S.C. §1635 WHEREFORE, The Weinraubs pray that this Honorable Court take jurisdiction ofthis case; rescind the transaction of July 1, 2005; order Winston as Trustee and or Winston individually and 14 adversary? 100806.9pd Lau Gifs of Shes Bs. Sapoon, PAL 517 SW.t ho, % Ft Ladera, Paria $8801 Felipe: (086) 500-4101 % Fria (968) 168-8407 In Re: Weinraub Case No. 06-14636-BKC-RBR ‘Weinraub v. Winston, ete., Case No. The Weinraubs' Adversary Complaint Page 15, or FFA, and or Kroop to take all action necessary to terminate any security interest in The Weinraubs’ property created under the transaction, including voiding and or terminating the SLO to Winston, including the lease and option, the rental/lease agreement, the real estate sales contract, the trust agreement and deed to trustee, and or all documents that are a part of Exhibit “A” including the lease and contract for option, and deed to trustee, that the Court declare all such security interests void related to the transaction of July 1, 2005; order the return to The Weinraubs of any money or property given by The Weinraubs to anyone, including Winston as Trustee and or Winston individually and or FFA, and or Kroop and or any assignee(s], in connection with the transaction; enjoin Winston as Trustee and or Winston individually and or FFA, and or Kroop during the pendency of this action and permanently thereafter from instituting prosecuting or maintaining any foreclosure proceedings, and or any eviction proceedings against The Weinraubs or The Weinraub’s home, or from recording any deeds or mortgages regarding the property or from otherwise taking any steps to deprive and or defraud The Weinraubs of ownership of that property; award The Weinraubs twice the finance charge in connection with this transaction, for the initial TIL errors, and for the refusal to rescind, not less than $200 nor more than $2,000, as provided under 15 U.S.C. §1640(a) & (e) and or §1641; order that the right to retain proceeds vest in The Weinraubs based on the above violations and the refusal to rescind; award actual damages in an amount to be established at trial, for the initial disclosure errors, for refusal to rescind, and at each obligation to disclose under Reg 7 226.19, Reg Z 226.20(a) and Reg Z 226.20(c), the loss of the homestead exemption, the amount of outstanding principal, interest, costs, fees, and advances owed to the mortgagees on the property, including prejudgment interest on all amounts, including the rescission amount, and award costs and 15 Avesay? 100806.wpd Lae Gf of She: B, Ban, PAA 57 SWI on Fit Lande, Ree $8801 Teton: 384) 8-881 % Foam (88) 49-517 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub . Winston, ee., Case No. ‘The Weinraubs' Adversary Complaint Page 16 attorney fees as provided by 15 U.S.C. §1640(a)&(e), §1641 Fla, Ch §57.105 and such other relief as this Court deems just and proper. 48. The Weinraubs readapt, re-allege and reaffirm the material allegations of Paragraphs 1 through 32, 34 through 40, and 44 through 48, and sue Winston as Trustee, and Winston individually and or FFA, and or Kroop, each individually, and or jointly and severally, alleging as, follows; to wit, 49. TIL §1639(a)(1), Reg Z 226.31 & Reg Z 226.32 applied to this transaction because ‘TIL treats the minimum retum of $3,176.64 “rent” over the 12 month period, and the “repurchase premium” of $33,189.84 over the $164,500.00 initial sale price, less the approximate $12,769.78 return of principal, as finance charges under 15 U.S.C. §1605 and Reg Z 226.4, which leads to an Annual Percentage Rate in excess of 184% for lending The Weinraubs the approximate $12,769.78, $10,770.28 to MERS to reinstate the MERS mortgage, plus the $1,500.00 advance to the Weinraubs, plus the $499.50 to bring the HOA current. 50, An Annual Percentage Rate in excess of 184% triggers the additional home equity disclosures required under 15 U.S.C. §1639 and Reg Z 226.32 according to the Treasury Bill test of Reg Z. 226.32. 51. Therefore, 15 U.S.C. §1639, Reg Z 226.31 and Reg Z 226.31 apply to the SLO with ‘Winston as Trustee and or Winston individually and or FFA, and or Kroop. 52. Winston as Trustee and or Winston individually and or FFA, and or Kroop violated §1639(a)(1) by failing to and/ or failing to timely provide the following disclosures in conspicuous 16 siversary2 100806. Law Sf of Poort B. enpn, PA 58 SW1 hoe & Feat Laan, Fie $8801 (Triphon: (986) 508.8161 & Frost (968) 768-507 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, ete., Case No. ‘The Weinraubs’ Adversary Complaint Page 17 type size: a “Youare not required to complete this agreement merely because you have received these disclosures or have signed a loan application.” b. “If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.” 53. Winston as Trustee and or Winston individually and or FFA, and or Kroop violated §1639(a)(2) by failing to provide (A) in the case of a credit transaction with a fixed rate of interest, the annual percentage rate and the amount of the regular monthly payment; or (B) in the case of any other credit transaction, the annual percentage rate of the loan, the amount of the regular monthly payment, a statement that the interest rate and monthly payment may increase, and the amount of the maximum monthly payment, based on the maximum interest rate allowed pursuant to section 3606 of Title 12. 54, Winston as Trustee and or Winston individually and or FFA, and or Kroop violated §1639(b) by failing to give the required disclosure not less than 3 business days prior to consummation of the transaction, 55. _ Winston as Trustee and or Winston individually and or FFA, and or Kroop violated $1639(c) by taking a mortgage in which the consumer must pay a prepayment penalty for paying all or part of the principal before the date on which the principal is due and by using a method of computing a refund of uneamed scheduled interest less favorable to the consumer than the actuarial method (as that term is defined in section 1615(d) of this TIL). 7 avery? 100806. Lae fof Sars B, Staion, PA ® 510 SHA han & Fort Laden, Rie $8801 Chon (8s) 50-801 Fone (th) 10-10t In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No, ‘The Weinraubs' Adversary Complaint Page 18 56. Winston as Trustee and or Winston individually and or FFA, and or Kroop violated §1639(d) Limitations after default, by taking a mortgage and note that provides for an interest rate applicable after default that is higher than the interest rate that applies before default. 57. Winston as Trustee and or Winston individually and or FFA, and or Kroop violated §1639(e) by taking a mortgage whose terms include a term under which the outstanding principal balance could increase at any time over the course of the loan because regular periodic payments do not cover the full amount of interest due. 58. Winston as Trustee and or Winston individually and or FFA, and or Kroop violated §1639(f) by extending credit without regard to payment ability of the consumer. 59, Asthe consequence of Winston as Trustee and or Winston individually and or FFA, and or Kroop ’s violations, TIL deems the violations a failure to deliver the material disclosures required under this title, for the purpose of §1635 of TILA. 60. The Weinraubs are entitled to the special rescission and damage rules under 15U.S.C. §1639, §1635(i)[1995], Reg Z 226.23(i)[1996], Reg Z 226.31 & Reg Z 226.32 and 15 U.S.C. $1640(@)(4). WHEREFORE, The Weinraubs pray that this Honorable Court take jurisdiction of this case; rescind the transaction of July 1, 2005; order Winston as Trustee and or Winston individually and or FFA, and or Kroop to take all action necessary to terminate any security interest in The Weinraub’s property created under the transaction, including voiding and or terminating the SLO to Winston, including the lease and option, the rental/lease agreement, the real estate sales contract, the Trust Agreement and Deed to Trustee, and or all documents that are a part of Exhibit “A” 18 versa? 100806 wp Law Gf of hart Be Shaan, PAD 500 PW he & Frrt Lebel, File $8801 Ripon 364) 8-41 % Frm G64) 19-810 {In Re: Weinraub Case No. 06-14636-BKC-RBR Weinraub v. Winston, et., Case No. The Weinraubs’ Adversary Complaint Page 19 including the lease and contract for option, and deed to trustee, that the Court declare ail such security interests void related to the transaction of July 1, 2005; order the retum to The Weinraubs of any money or property given by The Weinraubs to anyone, including Winston as Trustee and or Winston individually and or FFA, and or Kroop and or its assignee[s], in connection with the transaction; enjoin Winston as Trustee and or Winston individually and or FEA, and or Kroop during the pendency of this action and permanently thereafter from instituting prosecuting or maintaining any foreclosure proceedings, and or any eviction proceedings against The Weinraubs or The Weinraub’s home, or from recording any deeds or mortgages regarding the property or from otherwise taking any steps to deprive and or defraud The Weinraubs of ownership of that property; award The Weinraubs twice the finance charge in connection with this transaction, for the initial TIL errors, and for the refusal to rescind, not less than $200 nor more than $2,000, as provided under 15 US.C. §1640(a) & (e) and or §1641, including the special damages rule under §1640(a)(4); order that the right to retain proceeds vest in The Weinraubs based on the above violations and the refusal to rescind; award actual damages in an amount to be established at trial, for the initial disclosure errors, for refusal to rescind, and at each obligation to disclose under Reg Z 226.19, Reg Z 226.20(a) and Reg Z 226.20(c), the loss of the homestead exemption, the amount of outstanding principal, interest, costs, fees, and advances owed, including prejudgment interest on all amounts, including the rescission amount, and award costs and attomey fees as provided by 15 U.S.C. §1640(a)&(e), §1641 Fla. Ch §57.105 and such other relief as this Court deems just and proper. ADVERSARY COUNT III - USURY 61. The Weinraubs readapt, re-allege and reaffirm the material allegations of Paragraphs 19 adversary? 100806.wpd Law Ses of hort B. Spon, PA. 567 SW.4 he. % Fast Lauderdale, Fide $8801 Triple: (484) 508-8101 % Frit G84) 168-5107 In Re: Weinraub Case No,: 06-14636-BKC-RBR Weinraub v, Winston, et., Case No, ‘The Weinraubs' Adversary Complaint Page 20 1 through 32 and sue Winston as Trustee, and or Winston individually and or FFA, and or Kroop, cach individually and or jointly and severally, alleging as follows; to wit, 62. Florida Statute §687.02(1) provides in relevant part: “All contracts for the payment of interest upon any loan, advance of money, line of credit, or forbearance to enforce the collection of any debt, or upon any obligation whatever, at a higher rate of interest than the equivalent of 18 percent per annum simple interest are hereby declared us 63. Florida Statute §687.03(1) provides in relevant part: “[I]t shall be usury and unlawful for any person . . . to reserve, charge, or take for any loan, advance of money, line of credit, forbearance to enforce the collection of any sum of money, or other obligation a rate of interest greater than the equivalent of 18 percent per annum simple interest, either directly or indirectly, by way of commission for advances, discounts, or exchange, or by any contract, contrivance, or device whatever whereby the debtor is required or obligated to pay a sum of money greater than the actual ‘pal sum received, together with interest at the rate of the equivalent of 18 percent per annum simple interest.” 64, Winston as Trustee and or Winston individually and or FFA, and or Kroop are creditors within the meaning of and or as defined by Fla. Stat. §687.0304(1)(b). 65. The Weinraubs are debtors within the meaning of and or as defined by Fla, Stat. §687.0304(1)(¢), 66. The above described transaction was a written credit agreement within the meaning of and or as defined by Fla. Stat. §687.0304(1)(a) and Fla, Stat. §687.0304(2). 67. Winston as Trustee and or Winston individually and or FFA, and or Kroop violated 20 adversary? 100806. Lae fis of Sari B, Sanpsn, PA 810 FW She, % Fret Leeda, Ree $8801 Tipe (84) 0-111 & Foe (4) 18H) In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, ete, Case No. ‘The Weinraubs’ Adversary Complaint Page 21 Fl. Stat, §687.03(1) by charging, reserving or collecting in connection with the above described consumer credit transaction an annual percentage rate in excess of 18%Winston as Trustee and or Winston individually and or FFA, and or Kroop willfully reserved, charged and collected from The Weinraubs more than the 18% legal rate on the above described consumer credit transaction, in violation of Fl. Stat. §687.04, which provides in relevant part: “Any person... . willfully violating the provisions of s. 687.03 shall forfeit the entire interest so charged, or contracted to be charged or reserved, and only the actual principal sum of such usurious contract can be enforced in any court in this state either at law or in equity; and when said usurious interest is taken or reserved, or has been paid, then and in that event the person who has taken or reserved, or has been paid, either directly or indirectly, such usurious interest shall forfeit to the party from whom such usurious interest has been reserved, taken, or exacted in any way double the amount of interest so reserved, taken, or exacted.” 68. Florida Statute §687.071 (2) provides in relevant part: “(2).. . any person making an extension of credit to any person, who shall willfully and knowingly charge, take, or receive interest thereon at a rate exceeding 25 percent per annum but not in excess of 45 percent per annum, or the equivalent rate for a longer or shorter period of time, whether directly or indirectly, or conspires 50 to do, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." 69. Florida Statute §687.071(3) provides in relevant part: “(3).... any person making an extension of credit to any person, who shall willfully and knowingly charge, take, or receive interest thereon at arate exceeding 45 percent per annum or the equivalent rate for a longer or shorter period 2 sdvesary2.100806.npd 1 fine of evn: B. Son, PAY 57 LW Lhe, + Frat Lean, Pie 88801 Felina (988) 508-081 Frsine (95) 18-5107 In Re: Weinraub Case No. 06-14636-BKC-RBR ‘Weiraub v. Winston, et., Case No. ‘The Weinraubs" Adversary Complaint Page22 of time, whether directly or indirectly, or conspires so to do, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s, 775.084.” 70. In addition to or in the altemative, Winston as Trustee and or Winston individually and or FFA, and or Kroop violated Fl. Stat. §687.071(2) by charging, reserving or collecting in connection with the above described consumer credit transaction an annual percentage rate exceeding 25 percent per annum but not in excess of 45 percent per annum. 7. In addition to or in the alternative, Winston as Trustee and or Winston individually and or FFA, and or Kroop violated Fl. Stat. §687.071(3) by charging, reserving or collecting in connection with the above described consumer credit transaction an annual percentage rate exceeding 45 percent per annum. 72. Florida Statute §687.071(7) provides in relevant part: “(7) No extension of credit made in violation of any of the provisions of this section shall be an enforceable debt in the courts of this state.” 73. Asa direct and proximate result of the above violations, the Weinraubs have suffered damages. WHEREFORE, The Weinraubs pray that this Honorable Court take jurisdiction of this case; order damages equal to double the alleged interest wrongfully charged to The Weinraubs and paid to Winston as Trustee and or Winston individually and or FFA, and or Kroop; Forfeiture of all interest owing Winston as Trustee and or Winston individually and or FFA, and or Kroop on the above described consumer credit transaction; refuse to enforce any debt that may be owed to Winston as Trustee and or Winston individually and or FFA, and or Kroop; prejudgment and post 22 adversary? 100806. Lae Of of Het B, ern, PAA. 57 FW Cee % Fret Lente, erie 2001 Fipons 368) 8-401 & Fei 68) 9-817 In Re: Weinraub Case No.:06-14636-BKC-RBR Weinraub v. Winston, et., Case No. ‘The Weinraubs' Adversary Complaint Page 23 judgment interest on all sums awarded, costs interest and attomeys fees under the consumer credit transaction documents, and or Fla, Stat. §57.105, and such other relief as this Court deems just and proper. ADVERSARY COUNT IV - QUIET TITLE 74, The Weinraubs readapt, re-allege and reaffirm the material allegations of Paragraphs 1 through 32 and sue Winston as Trustee, and or Winston individually and or FFA, and or Kroop, each individually and or jointly and severally, alleging as follows; to wit, 75. Thisis an action to quiet title in land under Florida Statute §65.011 through §65.061 76. The Weinraubs are the rightful owner of land described above, with a street address of 10529 NW 57 Ct., Coral Springs, Fl., 33076. 77. The Weinraubs conveyed title thereto under the SLO, Exhibit “A” and “B” related to the transaction of July 1, 2005. 78. The conveyance should be treated as a security interest and or mortgage, and not as a Deed to Trustee. 79. Inaddition and or in the altemative, the conveyance should be treated as void under the Truth in Lending Act as alleged above. 80. Winston as Trustee and or Winston individually and ot FFA, and or Kroop assert or may assert a claim as owner to The Weinraub’s land, or pretend to have a right or title thereto, which may cast a cloud on the title of The Weinraubs, who are the real owners, by virtue of the above mentioned Trustee Deed. 81. The Weinraubs are entitled to have the SLO Exhibit “A”, including the Deed to 23 versa? 100806 wp Lau Offs of Sari B. Son, PAL 5 FW.1 Choa % Frat Lauderdale, Fre $8801 Fibpdane: (456) 58-8001 % Foal (989) 768-517 In Re: Weinraub Case No.: 06-14636-BKC-RER Weineaub v, Winston, et., Case No, ‘The Weinraubs' Adversary Complaint Page 24 ‘Trustee canceled and the cloud removed from the title and to have the title quieted in her name. 82. The Weinraubs deraign their title as alleged above. WHEREFORE, The Weinraubs pray that this Honorable Court take jurisdiction of this case; find that The Weinraubs have the legal title in and to the lands and or are the title owners thereof, enter judgment removing the SLO Exhibit “A” including the Deed to Trustee, related to the transaction of July 1, 2005, as a cloud from the title to the land and forever quieting the title in Jeff M, Weinraub and Enid Weinraub, his wife, as joint tenants with right of survivorship, and those claiming under them since the commencement of the action and adjudging the Weinraubs to have good fee simple ttle to said land and or their interest thereby cleared of the cloud, plus costs, interest and attorneys fees under the consumer credit transaction documents, and or Fla, Stat, §57.105, and such other relief as this Court deems just and proper. ADVERSARY COUNT V - DECLARATORY RELIEF 83. The Weinraubs re-adopt, re-allege and reaffirm the material allegations of Paras. 1 through 32, and sue Winston as Trustee, and or Winston individually and or FFA, and ot Kroop, each and or FFA, and or Kroop and or jointly and severally, alleging as follows; to wit, 84. Thisis an action for declaratory relief under 28 U.S.C. § 2201 and within the Court’s jurisdiction. 85. The Weinraubs are the rightful owners of land located at 10529 NW 57 Ct., Coral Springs, Fl., 33076, as joint tenants with right of survivorship. 86. Winston as Trustee and or Winston individually and or FFA, and or Kroop agreed to lend The Weinraubs the approximate $10,770.28 that The Weinraubs needed to stop the MERS 24 versa? 100806.9pd Lae Gia of Harré B. inp, PA, & 517 SW4 Choa. % Fret Laudendals, Penida $8501 Telefe (08) 588-8181 % Freie (960) 88-5407 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No. ‘The Weinraubs' Adversary Complaint Page 25 foreclosure, bring the mortgage current, have MERS dismiss its foreclosure and lis pendens, pay $499.50 to Cinnamon Crossings for past Homeowner’s Association payments, and “save The Weinraub’s home” under the Exh. “A” SLO. 87, _ However, Winston as Trustee and or Winston individually and or FFA, and or Kroop assert that the SLO Exh. “A” are a valid “sale lease option” and assert that they are owners and The Weinraubs are tenants. 88. The Weinraubs are unsure of their rights duties obligations and liabilities under the Exh, “A” SLO documents. 89. The Weinraubs seek a determination as to the existence, or nonexistence of the rights that Winston as Trustee and or Winston individually and or FFA, and or Kroop with respect to the subject property. 90. The Weinraubs are unsure of the existence or nonexistence of any immunity, power, privilege, or right that Winston as Trustee and or Winston individually and or FFA, and or Kroop may have with respect to their rights with respect to both’s obligations on the debt and the security interest 91. Such immunity, power, privilege, or right now exists or will arise in the future in the event the Court does not declare the rights of The Weinraubs and Winston as Trustee and or Winston individually and or FFA, and or Kroop under the Exhibit “A” SLO. 92. The Weinraubs are in doubt about their rights under the documents, contracts, orother agreements and or instruments in writing as per the Exhibit “A” SLO. 93. The Weinraubs are in doubt about their status with respect to the Exhibit“? 25 sdversay2.100806.p4 Low Of of Bari B, Sporn, PA 810 THA Shu, %& Foot Laaandala, Rae $8801 Teliphons: (054) 508-8181 & Feil (968) 768-6407 In Re: Weinraub Case No-: 06-14636-BKC-RBR Weinraub v. Winston, ete, Case No ‘The Weinraubs' Adversary Complaint Page 26 and their equitable and or legal rights and relations thereunder and how and or if they are affected by TIL the regulations and Staff Comments, and Florida’s Usury Laws, and are entitled to have any and all of their rights, duties, obligations and or liabilities and or questions arising under such statutes, regulations, staff comments, state laws, as they pertain to the SLO contracts, and or deeds, or other articles, or instruments and or writings, or any part thereof determined and or to have their doubts removed and obtain a declaration of their rights, status, or other equitable or legal relations thereunder. 94. The Weinraubs are in doubt about their status with respect to the Exhibit as to the existence or nonexistence of their rights, status, immunity, powers, or privileges and that they are entitled to have such doubts removed. 98. ‘The above facts constitute and or create a bona fide, actual, present, dispute and a practical need for the declaration. WHEREFORE, The Weinraubs pray that this Honorable Court take jurisdiction of this case; and enter declaratory relief finding that the Weinraubs own the property subject to the Exhibit SLO, which constitutes a consumer credit transaction under TIL and a loan of money under Florida law, and determine their equitable and or legal rights and relations thereunder and how they are affected by TIL the regulations and Staff Comments, and Florida's Usury Laws, and declare the parties” rights, duties, obligations and or liabilities under such statutes, regulations, staffcomments, and state laws, as they pertain to the SLO contracts, and or deeds, or other articles, or instruments and or writings, and remove their doubts thereunder, plus costs, interest and attorneys fees under the consumer credit transaction documents, and or Fla. Stat. §57.105, and such other relief as this Court 26 adversary? 100806 wp Lane fia f Shar: B, Seno, PLAY 5 TW.1 oa. % Fort Leudedas, Ride $8304 eliphane (388) 508-841 <> Fri 088) 18-507 In Re: Weinraub Case No.: 06-14636-BKC-RBR Weinraub v. Winston, et., Case No. ‘The Weinraubs' Adversary Complaint Page 27 deems just and proper. ADV! SARY COUNT. ALTERNATE COUNT BRI 0! 96. ‘The Weinraubs readapt, re-allege and reaffirm the material allegations of Paragraphs 1 through 32 and sue Winston as Trustee, and or Winston individually and or FFA, and or Kroop, cach individually and or jointly and severally, alleging as follows; to wit, 97. This is an action for breach of SLO attached hereto as Composite Exhibit “A”. 98. Winston.as Trustee, and or Winston individually and or FFA, and or Kroop breached the sale trust contract and exhibit E by failing and refusing to pay and or assume and or satisfy and the MERS mortgage. 99, Asadirect and proximate result of the above breach, The Weinraubs have suffered damages in excess of $164,500.00, including butnot limited to: The Weinraubs must pay the MERS mortgage debts which debt Winston as Trustee, and or Winston individually and or FFA, and or Kroop agreed to pay; The Weinraubs have paid mortgage payments to MERS which Winston as. Trustee, and or Winston individually and or FFA, and or Kroop agreed to pay; The Weinraubs have ‘an outstanding unsatisfied recorded mortgage with MERS which impairs and slanders their credit profile, reduce their FICA/Fair Isaac scores, and make it impossible for The Weinraubs to procure another mortgage on another property. WHEREFORE, The Weinraubs prays that this Honorable Court take jurisdiction of this case; enter judgment against Winston as Trustee, and or Winston individually and or FFA, and or Kroop, each individually and or jointly and severally in a sum equal to the amount outstanding principal, interest, costs, fees, and advances owed to MERS, which sum exceeds $164,500.00, plus 27 adversary? 100806.wpd La fis of Shari B. Sefaon, PAS 511 SW.1 Sh % Fok Loos, Pid $801 Fetpone 684) 04-881 & Fes G88) 19-817 In Re: Weinraub Case No,: 06-14636-BKC-RBR ‘Weinraub v. Winston, ete, Case No ‘The Weinraubs’ Adversary Complaint Page 28 all amounts for funds The Weinraubs advanced on the MERS mortgages, plus damages to The Weinraub’s credit profiles, plus costs, prejudgment interest on all amounts, attorney fees under the contract documents, and or Fla, Stat. §57.105, and such other relief as this Court deems just and proper. I HEREBY CERTIFY, that Iam admitted to the Bar of the United States District Court for the Southern District of Florida and I am in compliance with the additional qualifications to practice in this court set forth in Local Rule 2090-1 (A). LAW OFFICES OF SHERRI B. SIMPSON, P.A. 517 S.W. 1 Ave. Fort Lauderdale, Fla. 33301 (954) 524 - 4141 Telephone (954) 763 - 5117 Facsimile , Attomey at Law Attorney for The Weinraubs Florida Bar Number: 869491 28 adversary? 100806 wp Lae Offs of Sheri B. Spon, PAA 0 FW.1 claw % rot Laude, Revie 38001 Fibfbene: (05) 58-2061 & Feil (988) 761-517

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