Answer: Unknown Successor Trustee Vs Seidleck, Marianne C

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                                Filing # 93019183 E-Filed 07/23/2019 03:19:23 PM

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION

BANK OF AMERICA, N.A.,
Plaintiff,

Case Number: 11-2019-CA-001728-0001-
XX

Vs.

UNKNOWN SUCCESSOR TRUSTEE OF
THE MARIANNE ELIZABETH
MCNAMARA A/K/A MARIANNE E,
MCNAMARA REVOCABLE TRUST DATED
JUNE 16, 2018; MARIANNE C, SEIDLECK;
MARIANNE C. SEILECK AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF
MARIANNE ELIZABETH MCNAMARA
A/K/A MARIANNE FE, MCNAMARA,
DECEASED; KRISTI LUCZKOWSKI;
E*TRADE BANK; LAKESIDE GARDENS
CONDOMINIUM B CONDOMINIUM
ASSOCIATION, INC.; DISCOVER BANK;
UNKNOWN TENANT(S),

Defendants.

OS SH HS SSS

DEFENDANT, LAKESIDE GARDENS CONDOMINIUM B CONDOMINIUM
ASSOCIATION, INC.
ANSWER TO COMPLAINT

COMES NOW the Defendant, LAKESIDE GARDENS CONDOMINIUM B
CONDOMINIUM ASSOCIATION, INC., by and through its undersigned counsel, and files its
Answer to Plaintiff's Complaint herein and, in support thereof, would state as follows:

COUNT I
MORTGAGE FORECLOSURE

1. Defendant is without knowledge as to the allegations contained in Paragraph 1 of

Plaintiffs Complaint and therefore denies same.

2. Defendant is without knowledge as to the allegations contained in Paragraph 2 of

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FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 07/23/2019 03:19:23 PMPlaintiff's Complaint and therefore denies same. Defendant admits that copies of a note and
mortgage are attached.

3. Defendant is without knowledge as to the allegations contained in Paragraph 3 of
Plaintiff's Complaint and therefore denies same.

4, Defendant is without knowledge as to the allegations contained in Paragraph 4 of
Plaintiff's Complaint and therefore denies same.

5. Defendant is without knowledge as to the allegations contained in Paragraph 5 of
Plaintiff's Complaint and therefore denies same.

6. Defendant is without knowledge as to the allegations contained in Paragraph 6 of
Plaintiff's Complaint and therefore denies same.

7. Defendant is without knowledge as to the allegations contained in Paragraph 7 of
Plaintiff's Complaint and therefore denies same.

8. Defendant is without knowledge as to the allegations contained in Paragraph 8 of
Plaintiff's Complaint and therefore denies same.

9. Defendant is without knowledge as to the allegations contained in Paragraph 9 of
Plaintiff's Complaint and therefore denies same.

10. Defendant is without knowledge as to the allegations contained in Paragraph 10 of
Plaintiff's Complaint and therefore denies same.

11. Defendant is without knowledge as to the allegations contained in Paragraph 11 of
Plaintiff's Complaint and therefore denies same.

12. As to Paragraph 12(e), Defendant, LAKESIDE GARDENS CONDOMINIUM B
CONDOMINIUM ASSOCIATION, INC., admits it may claim an interest in the subject property

for assessments. Defendant is without knowledge as to the priority of the interest and therefore

20f 4denies same.

WHEREFORE, Defendant requests this Court enter its order determining the priorities of
the parties and if Plaintiffs alleged interest is deemed superior, foreclosing the interest of the
Defendant according to those priorities and, if any sums are left remaining following the sale of the

property, the Court determine the priorities of the parties as to those amounts.

FIRST AFFIRMATIVE DEFENSE
If the Plaintiffs mortgage is not a first mortgage, the interest of Defendant, LAKESIDE
GARDES CONDOMINIUM B CONDOMINIUM ASSOCIATION, INC., a Florida not-for-

profit corporation, is superior to the mortgage of Plaintiff.

SECOND AFFIRMATIVE DEFENSE
If the Plaintiff acquires title to the subject condominium unit by foreclosure, or by deed in
lieu of foreclosure, the Plaintiff may be liable to the Defendant, LAKESIDE GARDENS
CONDOMINIUM B CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit
corporation, for up to twelve (12) months of unpaid assessments, that come due prior to the

Plaintiffs acquisition of title (said liability not to exceed 1% of the original mortgage debt).

WHEREFORE, Defendant requests this Court enter its order granting relief sought by

Plaintiff.

3 of 4DATED this__23 day of July, 2019.

SAMOUCE & GAL, P.A.

Counsel for Defendant

Lakeside Gardens Condominium B Condominium
Association, Inc.

5405 Park Central Court

Naples, FL 34109

Za

STEPHEN E. SAMOUCE
Florida Bar No. 0100002
StephenSamouce@SandGLawFirm.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER has been
furnished via electronic mail this_Q.3 day of July, 2019.

Zachary Ullman, Esq.
Attorney for Plaintiff

Florida Bar No, 106751
Aldridge Pite LLP

1651 South Congress Avenue
Delray Beach, FL 33445
Telephone: (561) 392-6391
Facsimile: (561) 392-6965
ServiceMail@aldridgepite.com

Jeffry S. Perlow, Esq.
Attorney for Defendant
Florida Bar No, 354759
5425 Park Central Court
Naples, FL 34109
Telephone: (239) 514-2910
Facsimile: (239) 593-1169
jeffperlow@hotmail.com

SAMOUCE & GAL, P.A.
Counsel for Defendant

STEPHEN E. SAMOUCE
Florida Bar No. 0100002
StephenSamouce@SandGLawFirm.com

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