IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY, FLORIDA 21st MORTGAGE CORPORATION

CASE NO.: 2011 CA 531 Plaintiff, CIVIL DIVISION vs. JANIS PAULDING SWANSON, et al. Defendants.

DEFENDANTS OPPOSITION TO PLAINTIFFS RESPONSE TO DEFENDANTS DEMAND FOR DISCLOUSRE PURSUANT TO THE REAL ESTATE SETTLEMENT AND PROCEDURES ACT COMES NOW Defendant, Janis P. Swanson (hereinafter Defendant) by and through her undersigned counsel, and hereby files this Opposition to Plaintiffs Response to Defendants Requests for Disclosure under the Real Settlement and Procedures Act, and states: 1. Contrary to the assertion of Plaintiff, Defendant has sent her requests to the appropriate party. Defendant, by and through the undersigned counsel, sent a qualified written request for information related to the servicing of this loan, pursuant to the Real Estate Settlement and Procedures Act (RESPA), codified as Section 2605(e) of Title 12 of the United States Code, to both the known servicer of this loan, 21st Mortgage Corporation, and in care of Plaintiffs attorney of record. Please see the qualified written request letter mailed and faxed directly to 21st Mortgage Corporation, attached as Exhibit A and incorporated herein by reference, as well as the letter mailed and faxed in care of Plaintiffs counsel, attached as Exhibit B. Therefore, Defendants letter is a qualified written request under RESPA.

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Defendant also included a statement for the reason for the belief that the account is in error in her qualified written request letter. Specifically, among other errors, Defendant notes in its qualified written request at paragraph 3 that, all of the payments made through August 2010 have not been credited to my clients account. Plaintiff, by and through its undersigned counsel, has consistently alleged that Defendants account has been in default since November 2009, and has failed to apply all of the payments made to Defendants account through August 2010. Defendants statements provide more than sufficient detail to the servicer regarding the information sought and the errors to be corrected, pursuant to 12 U.S.C. 2605 (e)(1)(B).

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Plaintiffs counsel has failed to verify the facts that he or she alleges on Plaintiffs behalf, and therefore has not filed its response in good faith. Respectfully Submitted,

LESLY C. LONGA, ESQ. FLORIDA BAR NO. 44518 LONGA LAW FIRM, P.A. 511 W BAY STREET SUITE 350 TAMPA, FL 33606 800-673-7905 FAX: 813-381-5043 ATTORNEY FOR DEFENDANT * * * CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. Mail on this 31st day of March, 2011, to: Kelley A. Cramer, Esq., Allison D. Thompson, Esq., Law Offices of Daniel Consuegra, P.L., 9204 King Palm Drive, Tampa, FL 33619-1328, Attorney for Plaintiff.

LESLY C. LONGA, ESQ.