Harvey Ruvin v. Fannie Mae, et al.
Gelber Schachter & Greenberg, P.A.
1441 Brickell Avenue
Miami, Florida 33131
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.
The Florida Transfer Tax
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).
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