Document for FEDERAL NATIONAL MORTGAGE ASSOCIATION vs. COX, CYNTHIA R.

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 50848942 E-Filed 01/06/2017 10:11:38 AM



        FEDERAL NATIONAL MORTGAGE                                         IN THE CIRCUIT COURT OF THE
        ASSOCIATION,                                                      20TH JUDICIAL CIRCUIT, IN AND FOR
        Plaintiff,                                                        CHARLOTTE COUNTY, FLORIDA
                                                                          CIVIL DIVISION
        vs.                                                               CASE NO.: 16001066CA
        CYNTHIA R. COX           A/K/A CYNTHIA COX A/K/A
        CYNTHIA T. COX           A/K/A CYNTHIA RAE COX
        A/K/A CINDY RAE            COX A/K/A CINDY COX A/K/A
        CINDY R. COX, et         al.,
        Defendants,


                             'LAINTIFF’S RESPONSE TO DEFENDANT’S REQUEST FOR PRODUCTION


                     COMES      NOW,    Plaintiff, FEDERAL     NATIONAL       MORTGAGE       ASSOCIATION,       by and through its
        undersigned counsel, and hereby files this, its Response to Defendant RUNDOS                 EQUITY, LLC’s Request for
        Production, and states as follows:
                                                            STATUTORY OBJECTION


                     The books and records requested by Defendants’ counsel are confidential banking records and may only be
        produced pursuant to §655.059 Fla. Stat, Since Defendants’ counsel is not among the class of recipients specifically
        identified in the statute, they are not entitled to receive or review any of the requested confidential documents
        without a written authorization from the borrower(s) or a court order compelling production.
        Section 655.059      states, in relevant part, “(b) The books and records pertaining to the deposit accounts and loans of
        depositors, borrowers, members, and siockhoiders of any financial institution shali be kept confidential by the
        financial institution and its directors, officers, and employees and shall not be released except upon express
        authorization of the account holder as to her or his own accounts, loans, or voting rights.”      Furthermore,
        §655059(2)(c)Fla. Stat. makes the unlawful or willful disclosure of confidential financial information a third degree
        felony.
                                                             SPECIFIC RESPONSES


                     )    Objection. This Defendant lacks standing to challenge any such servicing agreement as they are neither
                          a party nor intended third party beneficiary to such agreement. Moreover, see statutory objection, above.
                     2)   Objection.   This request seeks documentation that is not reasonably calculated to lead to the discovery
                          of relevant and/or admissible evidence as the Plaintiff is proceeding as holder of a negotiable instrument
                          and does not rely upon any such assignments.         Without waiver of same, and subject thereto, see
                          Assignments of Mortgage, enclosed herein.
                     3)   See statutory objection, above.
                     4)   Unknown at this time, discovery ongoing.




        15-03077
5)    Objection. This request seeks documentation that is not reasonably calculated to lead to the discovery
                 of relevant and/or admissible evidence as the Plaintiff need not provide information on endorsements to
                 any defendant, Without waiver of same, see statutory objection, above.

           6)    See power of attorney.

           72)   See power of attorney.

           8)    See statutory objection, above.
           9)    See statutory objection, above.




                                               CERTIFICATE OF SERVICE

           I HEREBY CERTIFY a true copy of the foregoing was delivered to the parties on the attached service list

by mail/email on this b B, day of.             Ten                                   20   {2   to:



                                          Choice Legal Group, P.A.
                                          P.O. Box 9908
                                          Fort Lauderdale, Florida 33310-0908
                                          Telephone: (954) 453-0365/1-800-441-2438
                                          Facsimile: (954) 771-6052

                                          DESIGNATED PRIMARY E-MAIL FOR SERVICE
                                          PURSUANT TO FLA. R. JUD. ADMIN 2.516
                                          eservice@clegalgroup.com                    -
                                                                     / -
                                                                     L—
                                          By


                                                         ve
                                                Jason Storriy     ¢sq.
                                                Florida B;      WNo.: 027077
                                                        é




15-03077
SERVICE LIST

Case No: 16001066CA

CYNTHIA R. COX A/K/A CYNTHIA COX A/K/A CYNTHIA T. COX A/K/A CYNTHIA RAE COX A/K/A
CINDY RAE COX A/K/A CINDY COX A/K/A CINDY R. COX
22382 NEW YORK AVE
PORT CHARLOTTE, FL 33952

MICHELE BELMONT, ESQ.
ATTORNEY FOR RUNDOS EQUITY, LLC
8660 COLLEGE PARKWAY, #180
FT. MYERS, FL 33919
MICHELE@BELMONTESQ.COM

SUNCOAST SCHOOLS FEDERAL CREDIT UNION
6801 E. HILLSBOROUGH AVE.
TAMPA, FL 33610

WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION SUCCESSOR BY MERGER TO FIRST
MUTUAL BANK
400 108TH AVENUE NORTHEAST, SUITE 104 (DOWNTOWN BELLEVUE BRANCH)
BELLEVUE, WA 98004

DAVID J. COX A/K/A DAVID COX A/K/A DAVID JOSEPH COX
22382 NEW YORK AVE
PORT CHARLOTTE, FL 33952

UNKNOWN TENANT
22382 NEW YORK AVE
POR
POR’ T CE   OTTE, FL 33952




15-03077