Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
TAYLOR, BEAN & WHITAKER
MORTGAGE CORP. cz
Z a
Plaintiff, eu
Se
vs. CASE NO. 09-6493-CA ¢=
'2 92
KAREN L. RAMDEEN, et al »o ~
Defendants.
GLADES GOLF AND COUNTRY CLUB, INC.’S
ANSWER AND AFFIRMATIVE DEFENSES
Defendant, GLADES GOLF AND COUNTRY CLUB, INC. (hereinafter “Defendant”),
by and through its undersigned counsel, hereby files this, its Answer and Affirmative Defenses to
the Complaint filed by Plaintiff, TAYLOR, BEAN & WHITAKER MORTGAGE CORP., and in
support thereof states:
GENERAL ALLEGATIONS
1-3 The allegations set forth in paragraphs 1-3 are admitted for jurisdictional purposes
only.
4-8. The allegations set forth in paragraphs 4-8 are denied as Defendant is without
knowledge thereof.
9. The allegations set forth in paragraph 9 are denied with respect to Defendant’s
interest in the property.
10-18. The allegations set forth in paragraphs 10-18 are denied as Defendant is without
knowledge thereof.
595746COUNT I
MORTGAGE FORECLOSURE
19. Defendant reiterates its answers to the allegations set forth in the “General
Allegations” section above as if set forth herein verbatim.
20. The allegations set forth in paragraph 20 are denied as Defendant is without
knowledge thereof
21. The allegations set forth in paragraph 21 are admitted to the extent that Defendant
claims an interest in the subject property but the remaining allegations set forth in paragraph 21
are denied.
22. The allegations set forth in paragraph 22 are denied as Defendant is without
knowledge thereof.
WHEREFORE, Defendant, Glades Golf and Country Club, Inc., respectfully requests
this Honorable Court order an accounting establishing what amounts, if any, Defendant is owed
and establishing Defendant’s priority as it relates to the other interests in the property, and award
Defendant its attorneys’ fees and costs in this proceeding. Further. Defendant hereby invokes its
right to collect any past due assessments from any new owner of the property, including the
Plaintiff, following the sale or other disposition of the property.
COUNT IH
REESTABLISHMENT OF LOST NOTE
23-30. The allegations set forth in paragraphs 23-30 are denied as Defendant is without
knowledge thereof.
COUNT Il
REFORMATION OF MORTGAGE
31-36. The allegations set forth in paragraphs 31-36 are denied as Defendant is without
knowledge thereof.
595746AFFIRMATIVE DEFENSES
For and as its First Affirmative Defense, Defendant, Glades Golf and Country Club, Inc.,
states that if Plaintiff's Mortgage is deemed not to be a first mortgage, that Plaintiff's Mortgage
shall be deemed subordinate to all of the mortgaged premises’ unpaid common expenses which
accrued or came due during the time period preceding Plaintiff's acquisition of title at
foreclosure sale or by deed in lieu of foreclosure.
For and as its Second Affirmative Defense, Defendant, Glades Golf and Country Club,
Inc., states that if a purchaser other than Plaintiff, or its successors or assigns, purchases the
mortgaged premises, including, but not limited to, purchase at foreclosure sale, that said
purchaser shall be liable to pay Defendant, Glades Golf and Country Club, Inc., all of the
mortgaged premises’ unpaid common expenses which accrued or came due during the time
period preceding purchaser’s acquisition of title.
For and as its Third Affirmative Defense, Defendant, Glades Golf and Country Club, Inc.,
states that the lien of Plaintiff's Mortgage is subordinated to Glades Golf and Country Club,
Ine.’s, lien for condominium assessments, equal to the lesser of: (a) the mortgaged premises’
unpaid common expenses and assessments which accrued or came due during the 6 months
preceding the Plaintiff's acquisition of title at foreclosure sale or by deed in lieu of foreclosure; or
(b) one percent of the original principal balance of Plaintiff's mortgage. Glades Golf and Country
Club, Inc.’s lien is superior to the interest of any other Defendant named in these proceedings.
595746Respectfully submitted,
Roetzel & Andress, LPA
Attorneys forDefenda:
Glades Golffand-Couptdy’Club, Inc.
By: AML
Steven M- Falk, Esquire
Florida Bar No. 0930570 =
Ashley D. Lupo, Esquire
Florida Bar No. 0157783
Diane M. Simons-Burnside, Esquire
Florida Bar No. 732680
850 Park Shore Drive
Naples, Florida 34103
(239) 649-6200
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by
regular U.S. Mail, postage prepaid, on this 5" day of August, 2009 to: Iain Brewster, Esq.,
Shapiro & Fishman, LLP, 10004 N. Dale Mabry Highway, Suite 112, Tampa, FL 33618.
Steven M. Falk
595746
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION TAYLOR, BEAN & WHITAKER MORTGAGE CORP. cz Z a Plaintiff, eu Se vs. CASE NO. 09-6493-CA ¢= '2 92 KAREN L. RAMDEEN, et al »o ~ Defendants. GLADES GOLF AND COUNTRY CLUB, INC.’S ANSWER AND AFFIRMATIVE DEFENSES Defendant, GLADES GOLF AND COUNTRY CLUB, INC. (hereinafter “Defendant”), by and through its undersigned counsel, hereby files this, its Answer and Affirmative Defenses to the Complaint filed by Plaintiff, TAYLOR, BEAN & WHITAKER MORTGAGE CORP., and in support thereof states: GENERAL ALLEGATIONS 1-3 The allegations set forth in paragraphs 1-3 are admitted for jurisdictional purposes only. 4-8. The allegations set forth in paragraphs 4-8 are denied as Defendant is without knowledge thereof. 9. The allegations set forth in paragraph 9 are denied with respect to Defendant’s interest in the property. 10-18. The allegations set forth in paragraphs 10-18 are denied as Defendant is without knowledge thereof. 595746COUNT I MORTGAGE FORECLOSURE 19. Defendant reiterates its answers to the allegations set forth in the “General Allegations” section above as if set forth herein verbatim. 20. The allegations set forth in paragraph 20 are denied as Defendant is without knowledge thereof 21. The allegations set forth in paragraph 21 are admitted to the extent that Defendant claims an interest in the subject property but the remaining allegations set forth in paragraph 21 are denied. 22. The allegations set forth in paragraph 22 are denied as Defendant is without knowledge thereof. WHEREFORE, Defendant, Glades Golf and Country Club, Inc., respectfully requests this Honorable Court order an accounting establishing what amounts, if any, Defendant is owed and establishing Defendant’s priority as it relates to the other interests in the property, and award Defendant its attorneys’ fees and costs in this proceeding. Further. Defendant hereby invokes its right to collect any past due assessments from any new owner of the property, including the Plaintiff, following the sale or other disposition of the property. COUNT IH REESTABLISHMENT OF LOST NOTE 23-30. The allegations set forth in paragraphs 23-30 are denied as Defendant is without knowledge thereof. COUNT Il REFORMATION OF MORTGAGE 31-36. The allegations set forth in paragraphs 31-36 are denied as Defendant is without knowledge thereof. 595746AFFIRMATIVE DEFENSES For and as its First Affirmative Defense, Defendant, Glades Golf and Country Club, Inc., states that if Plaintiff's Mortgage is deemed not to be a first mortgage, that Plaintiff's Mortgage shall be deemed subordinate to all of the mortgaged premises’ unpaid common expenses which accrued or came due during the time period preceding Plaintiff's acquisition of title at foreclosure sale or by deed in lieu of foreclosure. For and as its Second Affirmative Defense, Defendant, Glades Golf and Country Club, Inc., states that if a purchaser other than Plaintiff, or its successors or assigns, purchases the mortgaged premises, including, but not limited to, purchase at foreclosure sale, that said purchaser shall be liable to pay Defendant, Glades Golf and Country Club, Inc., all of the mortgaged premises’ unpaid common expenses which accrued or came due during the time period preceding purchaser’s acquisition of title. For and as its Third Affirmative Defense, Defendant, Glades Golf and Country Club, Inc., states that the lien of Plaintiff's Mortgage is subordinated to Glades Golf and Country Club, Ine.’s, lien for condominium assessments, equal to the lesser of: (a) the mortgaged premises’ unpaid common expenses and assessments which accrued or came due during the 6 months preceding the Plaintiff's acquisition of title at foreclosure sale or by deed in lieu of foreclosure; or (b) one percent of the original principal balance of Plaintiff's mortgage. Glades Golf and Country Club, Inc.’s lien is superior to the interest of any other Defendant named in these proceedings. 595746Respectfully submitted, Roetzel & Andress, LPA Attorneys forDefenda: Glades Golffand-Couptdy’Club, Inc. By: AML Steven M- Falk, Esquire Florida Bar No. 0930570 = Ashley D. Lupo, Esquire Florida Bar No. 0157783 Diane M. Simons-Burnside, Esquire Florida Bar No. 732680 850 Park Shore Drive Naples, Florida 34103 (239) 649-6200 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been sent by regular U.S. Mail, postage prepaid, on this 5" day of August, 2009 to: Iain Brewster, Esq., Shapiro & Fishman, LLP, 10004 N. Dale Mabry Highway, Suite 112, Tampa, FL 33618. Steven M. Falk 595746