Request,Application: B & Z ASSET MANAGEMENT CORP VS CAMBRIDGE, RONAE D

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 27890010 E-Filed 05/29/2015 08:01:15 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

B&Z ASSET MANAGEMENT CORP.
AS SERVICER O/B/O FRANCES RODRIGUEZ
MAGILL; JEROMY TRASORRAS ET AL.,

Plaintiff, CASE NO.: 14-27400CA09
Vv.

RONAE D. CAMBRIDGE, £7 AL.,

Defendants,
/

DEFENDANT RONAE D. CAMBRIDGE’S
RESPONSE TO REQUEST FOR PRODUCTION

Defendant, RONAE D. CAMBRIDGE, by and through her undersigned counsel, hereby

responds to Plaintiffs First Request for Production of Documents as follows:
GENERAL OBJECTIONS

1. Defendant objects to the extent that the Plaintiff Request for Production calls for the
production of information protected by the attorney-client privilege or the work-product doctrine,
or requests documents containing trade secrets or other commercially sensitive information
Without waiving these objections, Plaintiff will make the non-privileged documents and
information available that are responsive to Defendant’ s interrogatories.

2 Defendant submits her responses without conceding the relevance or materiality of the
subject matter of any document or information which maybe produced or identified or disclosed,
and without prejudice to Defendant’s rights to object to further discovery or to object to the
admissibility of any proof on the subject matter of any discovery of any document. Defendant
reserves the right to supplement or amend these responses in light of facts or information that

may be discovered or brought to light after the date of these responses.

Page 1 of 43 Any document subject to any privilege or doctrine that is inadvertently produced or
disclosed by Defendant shall not constitute a waiver of such privilege or doctrine, and Defendant
reserves the right to demand the return of any inadvertently produced document. Documents
withheld or redacted on the basis of privilege will be identified in a privilege log pursuant to
Rule 1.280(b}(S) of Florida Rules of Civil Procedure.

REQUESTS FOR PRODUCTION
1 All documents relating to your claim, in your first Affirmative Defense, that B&Z Asset
Management Corporation was required to pay documentary taxes on the mortgage upon which it
is attempting to foreclose
RESPONSE: See Section 201.08, Florida Statute.
2. Documents relating to communications between representatives of B&Z Asset
Management Corporation and you regarding the Note and Mortgage.
RESPONSE: None in Defendant’s possession.
3 Documents relating to communications between representatives of B&Z Asset
Management Corporation and you that you claim violate one or all of the Florida Deceptive and
Unfair Trade Practices Act, the Truth-in-Lending Act, Regulation B or 12 CFR §202.14, or the
Real Estate Settlement Procedures Act.
RESPONSE: None at this time. Plaintiff has in its control the origination documents that
has the Truth in Lending Act Disclosures. Plaintiff also has the correspondence that
misrepresent the amount owed by Defendant to Plaintiff.
4. Documents supporting your claim B&Z Asset Management Corporation has no standing
to bring the instant foreclosure action against you.

RESPONSE: See Plaintiff's Complaint, Note and Mortgage.

Page 2 of 45 Documents relating to your claim, in your Second Affirmative Defense, that B&Z Asset
Management Corporation added a layer of foreclosure related fees and costs which should not
have been incurred without first providing you with the pre-foreclosure options available under
federal law and in the subject Mortgage.

RESPONSE: See Plaintiff’s response to verification of debt under the Fair Debt Collections
Practices Act.

6 Documents relating to your claim, in your Fourth Affirmative Defense, that payments
were made as part of the transaction that violate the Real Estate Settlement Procedures Act.
RESPONSE: See Plaintiff’s payment history.

7. Documents relating to your claims made in your Fifth Affirmative Defense.

RESPONSE: None.

8. A copy of the Note and Mortgage you contend are the operative documents in this action,
including but not limited to, the Mortgage you reference in the Seventh Affirmative Defense that
contains a “paragraph 22.”

RESPONSE: None.

9 Documents relating to your claim, in your Tenth Affirmative Defense, that you made all
required payments under the terms of the Note and Mortgage

RESPONSE: See payment history.

10. Copies of all payments you made on the Note and Mortgage from January 1, 2009 to the
present.

RESPONSE: See Plaintiff’s records of payment.

11. Documents relating to your claim, in your Eleventh Affirmative Defense, that B&Z Asset

Management Corporation misapplied payments you made on the Note and Mortgage.

Page 3 of 4RESPONSE: See payment history.

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was electronically delivered to Plaintiff's

attorney: jcooper@polenbergcooper.com; iquimuyog@polenbergcooper.com;
lquimuyog@polenbergcooper.com; ydaneshfarpolenbergcooper.com; jrucker@miamidade.gov

on this 27" day of May, 2015

Respectfully submitted,

BROWN & BELLEH, P.L.L.C.
Attorney for Defendant
Causeway Square

1801 NE 123" Street Suite 409
North Miami, Florida 33181
Tel/Fax: 888-450-7999
Eservice: owei@bellehlaw.com

 

By: /s/ Owei Z. Belleh
Owei Belleh
FBN.: 617598

Page 4 of 4