On November 27, 2019 a
Motion-Secondary
was filed
involving a dispute between
Bayview Loan Servicing Llc,
and
Gunter, Jack Gerard,
Gunter, Patricia Ann,
Rayner, Rhonda D,
Rayner, William W,
Unknown Spouse Of Jack Gerard,
Unknown Spouse Of Patricia Ann,
Unknown Tenant 1,
for HOMESTEAD RESIDENTIAL FORECL $50,001-$249,999
in the District Court of Marion County.
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Filing # 148323383 E-Filed 04/25/2022 02:47:04 PM
IN THE CIRCUIT COURT OF THE 5TH
JUDICIAL CIRCUIT, IN AND FOR
MARION COUNTY, FLORIDA
CIVIL DIVISION:
CASE NO.: 42-2019-CA-002605
BAYVIEW LOAN SERVICING, LLC.,
Plaintiff,
Vs.
PATRICIA ANN GUNTER A/K/A PATRICIA A.
GUNTER, ez. al.,
Defendants.
/
REPLY TO DEFENDANT, HEATHER GUNTER’S ANSWER TO PLAINTIFF’S
VERIFIED COMPLAINT FOR FORECLOSURE
COMES NOW, Plaintiff, BAYVIEW LOAN SERVICING, LLC., by and through its
undersigned counsel hereby files this reply to the Answer filed by the Defendant, HEATHER
GUNTER, (“Defendant”) and states as follows:
1. Plaintiff denies and avoids each and every denial posed or sought to be interposed
and demands strict proof thereof.
2. Defendant has not pled any affirmative defenses.
3. This Court is reminded, most respectfully, that under Fla. R. Civ. P. 1.140(b), any
affirmative defenses not raised are waived. See Heartwood2 v. Dori, (Fla. 3d DCA 2017);
Kebreau v. Bayview Loan Servicing, LLC (Fla. App. LEXIS 10065 (Fla. 4th DCA 2017).
4, Plaintiff reserves the right to argue additional ground ore tenus.
WHEREFORE, the Plaintiff, BAYVIEW LOAN SERVICING, LLC., respectfully
requests this Honorable Court to enter an order of Final Judgment in Plaintiff’s favor and any
further relief this Court deems just and proper.
[Certificate of Service to follow]
19-03476-1
Electronically Filed Marion Case # 19CA002605AX 04/25/2022 02:47:04 PMCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served by
Electronic Mail pursuant to Rule 2.516, Fla. R. Jud. Admin. and/or by U.S. Mail to any other
parties in accordance with the attached service list on this 25" day of April 2022.
/s/ David B. Adamian
David B. Adamian, Esq.
FL Bar Number: 1025291
DELUCA LAW GROUP, PLLC.
2101 NE 26" Street, Fort Lauderdale, FL 33305
Phone: (954) 368-131 11Fax: (954) 200-8649
Email: dadamian @delucalawgroup.com
DESIGNATED PRIMARY E-MAIL FOR
SERVICE PURSUANT TO FLA. R. JUD.
ADMIN 2.516: service @delucalawgroup.com
SERVICE LIST
CASE No.: 42-2019-CA-002605
HEATHER GUNTER
15100 SE 99™ PLACE
OCKLAWAHA, FL 32179
19-03476-1
Document Filed Date
April 25, 2022
Case Filing Date
November 27, 2019
Category
HOMESTEAD RESIDENTIAL FORECL $50,001-$249,999
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Filing # 148323383 E-Filed 04/25/2022 02:47:04 PM IN THE CIRCUIT COURT OF THE 5TH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA CIVIL DIVISION: CASE NO.: 42-2019-CA-002605 BAYVIEW LOAN SERVICING, LLC., Plaintiff, Vs. PATRICIA ANN GUNTER A/K/A PATRICIA A. GUNTER, ez. al., Defendants. / REPLY TO DEFENDANT, HEATHER GUNTER’S ANSWER TO PLAINTIFF’S VERIFIED COMPLAINT FOR FORECLOSURE COMES NOW, Plaintiff, BAYVIEW LOAN SERVICING, LLC., by and through its undersigned counsel hereby files this reply to the Answer filed by the Defendant, HEATHER GUNTER, (“Defendant”) and states as follows: 1. Plaintiff denies and avoids each and every denial posed or sought to be interposed and demands strict proof thereof. 2. Defendant has not pled any affirmative defenses. 3. This Court is reminded, most respectfully, that under Fla. R. Civ. P. 1.140(b), any affirmative defenses not raised are waived. See Heartwood2 v. Dori, (Fla. 3d DCA 2017); Kebreau v. Bayview Loan Servicing, LLC (Fla. App. LEXIS 10065 (Fla. 4th DCA 2017). 4, Plaintiff reserves the right to argue additional ground ore tenus. WHEREFORE, the Plaintiff, BAYVIEW LOAN SERVICING, LLC., respectfully requests this Honorable Court to enter an order of Final Judgment in Plaintiff’s favor and any further relief this Court deems just and proper. [Certificate of Service to follow] 19-03476-1 Electronically Filed Marion Case # 19CA002605AX 04/25/2022 02:47:04 PMCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served by Electronic Mail pursuant to Rule 2.516, Fla. R. Jud. Admin. and/or by U.S. Mail to any other parties in accordance with the attached service list on this 25" day of April 2022. /s/ David B. Adamian David B. Adamian, Esq. FL Bar Number: 1025291 DELUCA LAW GROUP, PLLC. 2101 NE 26" Street, Fort Lauderdale, FL 33305 Phone: (954) 368-131 11Fax: (954) 200-8649 Email: dadamian @delucalawgroup.com DESIGNATED PRIMARY E-MAIL FOR SERVICE PURSUANT TO FLA. R. JUD. ADMIN 2.516: service @delucalawgroup.com SERVICE LIST CASE No.: 42-2019-CA-002605 HEATHER GUNTER 15100 SE 99™ PLACE OCKLAWAHA, FL 32179 19-03476-1