On December 28, 2009 a
Answer, Affirmative Defenses, Demand For Jury Tria Tikal Investment Co/Larysa And Walter Ruiz
was filed
involving a dispute between
Wells Fargo Bank Na,
and
Bristol Pines Community Association Inc,
Ruiz, Larysa,
Ruiz, Walter,
Tenant #1,
Tenant #2,
Tenant #3,
Tenant #4,
Tikal Investment Company-Dissolved,
for Real Property Mortgage Foreclosure
in the District Court of Collier County.
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IN THE CIRCUIT COURT
IN AND FOR COLLIER COUNTY, FLORIDA
WELLS FARGO BANK
Plaintiff,
v. Case No.: 09-CA-11019
< ss
TIKAL INVESTMENT COMPANY, et al. ¥ : 5 =
Defendants Ney ory, i 5
/
=
DEFENDANTS TIKAL INVESTMENT COMPANY, LARYSA RUIZ AND n>
WALTER RUIZ’S ANSWER TO COMPLAINT > _
vi
AND REQUEST FOR MEDIATION
COME NOW the Defendants, TIKAL INVESTMENT COMPANY, LARYSA
RUIZ and WALTER RUIZ, by and through the undersigned counsel, and pursuant to the
Florida Rules of Civil Procedure, file their Answer to the Foreclosure Complaint and
Request for Mediation, and state:
1. The Defendants deny each and every allegation contained in Plaintiff's
Complaint and demand strict proof thereof.
AFFIRMATIVE DEFENSES
All conditions precedent to bringing this action have not occurred and/or
been satisfied by Plaintiff.
Defendants dispute the authenticity of the copies attached to the complaint
and demand strict proof thereof.
Plaintiff is not the proper party with standing to bring this lawsuit.
The contract between the parties was not properly executed and is invalid.
6. Plaintiff failed to mitigate it’s damages.7. Defendants are entitled to set-off from any source.
8. Defendants herein demand trial on all issues so triable.
WHEREFORE, Defendants demand judgment dismissing the Complaint on
the merits, in its entirety and with prejudice, with an award of such costs and attorneys’
fees as may be allowed by law, and for such additional relief as the Court may deem just
and proper.
. Matzuk
Bar No. 977314
1211 Orange Ave., Ste. 201
Winter Park, Fl 32789
(407) 898-3939
Fax: (407) 644-4753
Attomey for Defendants
Larysa and Walter Ruiz and
Tikal Investment Co.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished
via U.S. Mail this day of January, 2010, to: Florida Default Law Group, P.O.
Box 25018, Tampa, FL 33622.
Case Filing Date
December 28, 2009
Category
Real Property Mortgage Foreclosure
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IN THE CIRCUIT COURT IN AND FOR COLLIER COUNTY, FLORIDA WELLS FARGO BANK Plaintiff, v. Case No.: 09-CA-11019 < ss TIKAL INVESTMENT COMPANY, et al. ¥ : 5 = Defendants Ney ory, i 5 / = DEFENDANTS TIKAL INVESTMENT COMPANY, LARYSA RUIZ AND n> WALTER RUIZ’S ANSWER TO COMPLAINT > _ vi AND REQUEST FOR MEDIATION COME NOW the Defendants, TIKAL INVESTMENT COMPANY, LARYSA RUIZ and WALTER RUIZ, by and through the undersigned counsel, and pursuant to the Florida Rules of Civil Procedure, file their Answer to the Foreclosure Complaint and Request for Mediation, and state: 1. The Defendants deny each and every allegation contained in Plaintiff's Complaint and demand strict proof thereof. AFFIRMATIVE DEFENSES All conditions precedent to bringing this action have not occurred and/or been satisfied by Plaintiff. Defendants dispute the authenticity of the copies attached to the complaint and demand strict proof thereof. Plaintiff is not the proper party with standing to bring this lawsuit. The contract between the parties was not properly executed and is invalid. 6. Plaintiff failed to mitigate it’s damages.7. Defendants are entitled to set-off from any source. 8. Defendants herein demand trial on all issues so triable. WHEREFORE, Defendants demand judgment dismissing the Complaint on the merits, in its entirety and with prejudice, with an award of such costs and attorneys’ fees as may be allowed by law, and for such additional relief as the Court may deem just and proper. . Matzuk Bar No. 977314 1211 Orange Ave., Ste. 201 Winter Park, Fl 32789 (407) 898-3939 Fax: (407) 644-4753 Attomey for Defendants Larysa and Walter Ruiz and Tikal Investment Co. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via U.S. Mail this day of January, 2010, to: Florida Default Law Group, P.O. Box 25018, Tampa, FL 33622.