Gelber Schachter & Greenberg, P.A.
1441 Brickell Avenue
▪
Suite 1420
▪
Miami, Florida 33131
▪
www.gsgpa.com
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAMIAMI DIVISIONCASE NO. 2012-cv-23917
HARVEY RUVIN AS CLERKOF THE COURTS FOR MIAMI-DADECOUNTY, FLORIDA, and on behalf of all others similarly situated,Plaintiff,v.FEDERAL NATIONAL MORTGAGEASSOCIATION a/k/a FANNIE MAE, afederally chartered corporation; FEDERALHOME LOAN MORTGAGE COPORATIONa/k/a FREDDIE MAC, a federally charteredcorporation; and FEDERAL HOUSINGFINANCE AGENCY AS CONSERVATORFOR FANNIE MAE AND FREDDIE MAC,Defendants.__________________________________________/
CLASS ACTION COMPLAINT
Plaintiff HARVEY RUVIN AS CLERK OF THE COURTS FOR MIAMI-DADECOUNTY, FLORIDA, on behalf of Miami-Dade County, Florida and all others similarlysituated (hereinafter “Plaintiffs”), by and through undersigned counsel, brings this Complaintagainst FEDERAL NATIONAL MORTGAGE ASSOCIATION a/k/a FANNIE MAE;FEDERAL HOME LOAN MORTGAGE COPORATION a/k/a FREDDIE MAC; andFEDERAL HOUSING FINANCE AGENCY AS CONSERVATOR FOR FANNIE MAE ANDFREDDIE MAC (collectively, “Defendants”), and alleges the following upon information and
Case 1:12-cv-23917-JLK Document 1 Entered on FLSD Docket 10/29/2012 Page 1 of 14
Harvey Ruvin v. Fannie Mae, et al.
2
Gelber Schachter & Greenberg, P.A.
1441 Brickell Avenue
▪
Suite 1420
▪
Miami, Florida 33131
▪
www.gsgpa.com
belief after due investigation, except as to those allegations concerning Plaintiff, which arealleged based upon personal knowledge.
NATURE OF THE ACTION
1.
This is a class action asserting claims for unpaid real estate transfer taxes underFlorida law. Plaintiffs seek to recover from Defendants the benefits they received by wrongfullyand unjustly claiming an exemption from paying transfer taxes on the privilege of transferringreal property in Miami-Dade County and other counties in Florida. Plaintiffs seek to recover themoney rightfully due and owing to them. Plaintiffs also seek declaratory and injunctive relief toprevent Defendants from claiming an exemption to which they are not lawfully entitled.
PARTIES
2.
Plaintiff Harvey Ruvin, as Clerk of the Courts for Miami-Dade County, Florida, isthe County Clerk and County Recorder in and for Miami-Dade County, Florida.3.
Defendant Federal National Mortgage Association (“Fannie Mae”) is a federallychartered, private corporation with its principal place of business in Washington, D.C.4.
Defendant Federal Home Loan Mortgage Corporation (“Freddie Mac”) is afederally chartered, private corporation with its principal place of business in McLean, Virginia.5.
Defendant Federal Housing Finance Agency (“FHFA”) is an agency of the UnitedStates with its principal place of business in Washington, D.C.
JURISDICTION & VENUE
6.
The parties are citizens of different states and the amount in controversy exceedsseventy-five thousand dollars ($75,000.00). This Court has jurisdiction pursuant to 28 U.S.C. §1332.
Case 1:12-cv-23917-JLK Document 1 Entered on FLSD Docket 10/29/2012 Page 2 of 14
Harvey Ruvin v. Fannie Mae, et al.
3
Gelber Schachter & Greenberg, P.A.
1441 Brickell Avenue
▪
Suite 1420
▪
Miami, Florida 33131
▪
www.gsgpa.com
7.
This Court also has jurisdiction pursuant to 28 U.S.C. § 1331, as this case requiresthe interpretation of federal law in order to adjudicate Plaintiff’s state law claims. Plaintiff alsoseeks declaratory relief pursuant to 28 U.S.C. §§ 2201-2202.8.
Defendants have at all times relevant to this litigation conducted business inMiami-Dade County, Florida and throughout the State of Florida, and are subject to the jurisdiction of this Court.9.
Plaintiff is located in this judicial district and Plaintiff’s claims arise out of Defendants’ activities in this District.10.
Venue is proper in this Court under 28 U.S.C. § 1391(b) as a substantial amountof the Defendants’ complained of improper conduct occurred in this District.
FACTUAL ALLEGATIONSA.
The Florida Transfer Tax
11.
Section 201.02(1)(a), Florida Statutes, imposes a tax on documents – oftenreferred to as a Documentary Stamps Tax – that transfer an interest in Florida real property (the“Transfer Tax”):On deeds, instruments, or writings whereby any lands, tenements, or other realproperty, or any interest therein, shall be granted, assigned, transferred, orotherwise conveyed to, or vested in, the purchaser or any other person by his orher direction,
on each $100 of the consideration therefor the tax shall be 70 cents.
When the full amount of the consideration for the execution, assignment, transfer,or conveyance is not shown in the face of such deed, instrument, document, orwriting, the tax shall be at the rate of 70 cents for each $100 or fractional partthereof of the consideration therefor. For purposes of this section, considerationincludes, but is not limited to, the money paid or agreed to be paid; the dischargeof an obligation; and the amount of any mortgage, purchase money mortgage lien,or other encumbrance, whether or not the underlying indebtedness is assumed. If the consideration paid or given in exchange for real property or any interesttherein includes property other than money, it is presumed that the considerationis equal to the fair market value of the real property or interest therein.(emphasis added).
See also
Rule 12B-4.012, Florida Administrative Code.
Case 1:12-cv-23917-JLK Document 1 Entered on FLSD Docket 10/29/2012 Page 3 of 14
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