Counterclaim Template

ANSWER TO COMPLAINT

1. Defendant [YOUR NAME] denies each and every allegation in Plaintiff's Complaint except those specifically admitted herein.

2. [Respond to each numbered paragraph of their complaint: ADMIT, DENY, or state you have insufficient knowledge to admit or deny and therefore deny.]

AFFIRMATIVE DEFENSES

3. Defendant asserts the following affirmative defenses:

1. Lack of Standing
2. Failure to State a Claim
3. Lack of Consideration
4. Fraud in the Inducement
5. Unclean Hands
6. Statute of Limitations
7. Payment/Discharge
8. Failure of Conditions Precedent
9. Violation of FDCPA
10. Violation of Due Process

Defendant/Counter-Plaintiff [YOUR NAME], for causes of action against Plaintiff/Counter-Defendant [BANK NAME] ("Bank"), alleges as follows:

PARTIES AND JURISDICTION

4. Counter-Plaintiff is a natural person and resident of [COUNTY, STATE].

5. Counter-Defendant is a [corporation/national association] engaged in the business of mortgage lending and servicing.

6. This Court has jurisdiction over this counterclaim as it arises from the same transaction and occurrence as the main action.

GENERAL ALLEGATIONS

7. On or about [LOAN DATE], Counter-Plaintiff executed a promissory note for $[AMOUNT] believing it was a loan of pre-existing money.

8. In reality, Counter-Defendant created bookkeeping entries using Counter-Plaintiff's promissory note as the source of value, providing no consideration.

9. Counter-Defendant has engaged in a pattern of fraudulent conduct including:

• Misrepresenting the nature of the transaction
• Creating money from Counter-Plaintiff's signature without disclosure
• Charging interest on Counter-Plaintiff's own created value
• Falsifying documents to create standing
• Robo-signing assignments and affidavits
• Violating federal and state laws

10. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

11. Counter-Defendant is a "debt collector" as defined by 15 U.S.C. § 1692a(6).

12. Counter-Defendant violated FDCPA by:

• § 1692e - Using false, deceptive, or misleading representations
• § 1692f - Using unfair or unconscionable means
• § 1692g - Failing to validate debt upon request
• § 1692e(2)(A) - Falsely representing the character or legal status of debt
• § 1692e(10) - Using false representations to collect debt
• § 1692f(6) - Taking property when no right exists

13. As a result, Counter-Plaintiff is entitled to:

• Statutory damages up to $1,000 per violation
• Actual damages including emotional distress
• Attorney's fees and costs

14. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

15. Counter-Defendant furnished false information to credit reporting agencies about Counter-Plaintiff's account.

16. Counter-Defendant failed to:

• Report the debt as disputed
• Investigate disputes properly
• Correct inaccurate information
• Notify of dispute status

17. Counter-Plaintiff suffered damages including damaged credit score, denial of credit, higher interest rates, and emotional distress.

18. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

19. Counter-Plaintiff sent a Qualified Written Request on [DATE].

20. Counter-Defendant failed to respond within required timeframes, provide requested information, correct errors in the account, or provide contact information for the owner.

21. Counter-Plaintiff is entitled to statutory damages of $2,000 per violation, actual damages, and attorney's fees.

22. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

23. Counter-Defendant made false representations that pre-existing money was being lent, that Counter-Defendant was risking its own assets, that interest was justified compensation, and that Counter-Defendant had standing to foreclose.

24. These representations were false and Counter-Defendant knew them to be false, made with intent to deceive, material to the transaction, relied upon by Counter-Plaintiff, and caused damages to Counter-Plaintiff.

25. Counter-Plaintiff seeks actual damages, punitive damages, and rescission of the transaction.

26. Counter-Plaintiff re-alleges paragraphs 1-25 as if fully set forth herein.

27. Counter-Defendant and its associates constitute an "enterprise" engaged in a pattern of racketeering activity.

28. The predicate acts include:

• Mail fraud (18 U.S.C. § 1341) - Each mailing
• Wire fraud (18 U.S.C. § 1343) - Electronic communications
• Bank fraud (18 U.S.C. § 1344) - Scheme to defraud
• Extortion (18 U.S.C. § 894) - Collection of extensions of credit
• Money laundering (18 U.S.C. § 1956) - Concealing source of funds

29. This pattern of racketeering has continued for years affecting thousands of homeowners.

30. Counter-Plaintiff has been injured in business and property and is entitled to TRIPLE DAMAGES, attorney's fees, and costs of investigation and litigation.

31. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

32. Counter-Defendant breached by failing to actually lend money as represented, misapplying payments, charging unauthorized fees, failing to provide required notices, and accelerating without right.

33. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

34. Counter-Defendant has been unjustly enriched by creating money from Counter-Plaintiff's signature, charging interest on Counter-Plaintiff's own created value, collecting payments without providing consideration, and keeping proceeds from securitization.

35. Counter-Plaintiff re-alleges paragraphs 1-9 as if fully set forth herein.

36. Counter-Plaintiff is the rightful owner of the property located at [PROPERTY ADDRESS]. Counter-Defendant's claimed lien is void for lack of consideration, fraud in the inducement, broken chain of title, and lack of standing.

37. Counter-Plaintiff seeks a decree quieting title in their favor.

PRAYER FOR RELIEF

WHEREFORE, Counter-Plaintiff respectfully requests that this Court:

1. Award actual damages in an amount to be proven at trial;
2. Award statutory damages under FDCPA ($1,000 per violation), FCRA ($1,000 per violation), and RESPA ($2,000 per violation);
3. Award TRIPLE DAMAGES under RICO;
4. Award punitive damages for fraud and malicious conduct;
5. Quiet title in favor of Counter-Plaintiff;
6. Declare the mortgage/deed of trust void;
7. Enjoin Counter-Defendant from foreclosing on the property, reporting to credit agencies, and any collection activity;
8. Award attorney's fees and costs;
9. Award pre- and post-judgment interest;
10. Grant such other relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Counter-Plaintiff hereby demands a trial by jury on all issues so triable.