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Filing # 172948047 E-Filed 05/11/2023 01:11:24 PM
In the Circuit Court of the Ninth Judicial Circuit in
and for Osceola County, Florida
Wells Fargo Bank,
Case No.: 2023 CA 003228
Plaintiff,
vs.
Ramon Cartagena, et al.,
Defendant(s).
Defendant Eagle Bay of Osceola County Homeowners Association, Inc.'s Answer and Affirmative
Defenses
Defendant Eagle Bay of Osceola County Homeowners Association, Inc. ("Association"), by and
through its undersigned counsel, hereby files its Answer and Affirmative Defenses to Complaint, and as
grounds in support thereof, states as follows:
1. Admitted for jurisdictional purposes only.
2. Admitted that a copy of a note and a mortgage is attached to the Plaintiff’s Complaint as
exhibits thereto. Without knowledge as to any remaining allegations.
3. Without knowledge.
4. Admitted that a copy of a certification of possession of original promissory note is
attached to the Plaintiff’s Complaint as exhibits thereto. Without knowledge as to any remaining
allegations.
5. Admitted that, to Defendant Association’s best knowledge, information and belief,
according to the Public Records of Osceola County, Florida, Defendant(s) Ramon Cartagena owns the
Property.
6. Without knowledge.
7. Without knowledge.
8. Without knowledge.
9. Without knowledge.
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10. Without knowledge.
11. Without knowledge.
12. Without knowledge.
13. Without knowledge.
14. Without knowledge.
15. Without knowledge.
16. Without knowledge.
17. Without knowledge.
18. Without knowledge.
19. Admitted that Defendant Association claims a right, title and interest in the subject
property by virtue of any and all unpaid assessments levied against the subject property; and/or any other
failures to comply with the restrictive covenants propounded by the Association. Without knowledge as
to any remaining allegations
Affirmative Defenses
1. In the event Plaintiff does not conclusively establish that it was the first mortgagee at the
time of the filing of this action and acquires title to the subject property by foreclosure or deed in lieu of
foreclosure, then and only then, pursuant to Section 720.3085, Fla. Stat. or Section 718.116, Fla. Stat., the
Plaintiff, or its successor or assigns as subsequent holders of the first mortgage shall be liable for, and pay
to Association for unpaid assessments that came due prior to Plaintiff's acquisition of title through a
foreclosure sale or a deed in lieu of foreclosure, an amount equal to the lesser of 12 months of unpaid
assessments or 1% of the original mortgage debt plus all interest, administrative fees, late charges, costs
and attorneys' fees that have accrued up to and subsequent to the time of the issuance of Certificate of
Title. In the event the subject mortgage was executed between July 1, 2007 and June 30, 2008, Plaintiff is
jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to
the time of transfer of title.
2. In the event the subject property is transferred by foreclosure sale or deed in lieu of
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foreclosure to any party other than the first mortgagee or its successor or assign as subsequent holder
thereof, this subsequent third party title holder shall be jointly and severally liable with the previous
owners for all unpaid assessments plus all interest, late fees, costs, and attorneys' fees that accrue up to
and subsequent to the issuance of the Certificate of Title.
3. In accordance with Section 720.3085, Fla. Stat. or Section 718.116, the Association is
entitled, and reserves its rights to recover its costs and attorneys' fees incurred in the collection of
assessments, costs, administrative fees, late fees, and interest.
4. In the event that this Court appoints a receiver to take possession of the subject property
during the pendency of this litigation, the Association shall seek a determination from the Court that
regular and special assessments levied against the subject property be paid to the Association from any
funds collected by such receiver.
5. To the extent that Plaintiff proceeds to foreclosure sale and the subject property is sold at
foreclosure sale, and to the extent that the sale proceeds are in excess of the amounts claimed due and
owing Plaintiff in any final judgment that may be entered in its favor, Defendant Association claims a
right into any excess proceeds.
DHN ATTORNEYS, PA
448 South Alafaya Trail, Unit 8
Orlando, FL 32828
Office: (407) 269-5346
Fax: (407) 650-2765
By: /s/ Crystal Maier _____________
Crystal Maier, Esquire
Florida Bar No. 1018320
crystal@dhnattorneys.com
Certificate of Service
I HEREBY CERTIFY that on the 11th day of May, 2023, I filed the foregoing with the Clerk of
the Courts and have mailed copies via email to the following: Charline Calhoun, Esq.,
servealaw@albertellilaw.com, Wells Fargo Bank.
/s/ Crystal Maier
Crystal Maier, Esquire
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Preview
Filing # 172948047 E-Filed 05/11/2023 01:11:24 PM In the Circuit Court of the Ninth Judicial Circuit in and for Osceola County, Florida Wells Fargo Bank, Case No.: 2023 CA 003228 Plaintiff, vs. Ramon Cartagena, et al., Defendant(s). Defendant Eagle Bay of Osceola County Homeowners Association, Inc.'s Answer and Affirmative Defenses Defendant Eagle Bay of Osceola County Homeowners Association, Inc. ("Association"), by and through its undersigned counsel, hereby files its Answer and Affirmative Defenses to Complaint, and as grounds in support thereof, states as follows: 1. Admitted for jurisdictional purposes only. 2. Admitted that a copy of a note and a mortgage is attached to the Plaintiff’s Complaint as exhibits thereto. Without knowledge as to any remaining allegations. 3. Without knowledge. 4. Admitted that a copy of a certification of possession of original promissory note is attached to the Plaintiff’s Complaint as exhibits thereto. Without knowledge as to any remaining allegations. 5. Admitted that, to Defendant Association’s best knowledge, information and belief, according to the Public Records of Osceola County, Florida, Defendant(s) Ramon Cartagena owns the Property. 6. Without knowledge. 7. Without knowledge. 8. Without knowledge. 9. Without knowledge. Page 1 10. Without knowledge. 11. Without knowledge. 12. Without knowledge. 13. Without knowledge. 14. Without knowledge. 15. Without knowledge. 16. Without knowledge. 17. Without knowledge. 18. Without knowledge. 19. Admitted that Defendant Association claims a right, title and interest in the subject property by virtue of any and all unpaid assessments levied against the subject property; and/or any other failures to comply with the restrictive covenants propounded by the Association. Without knowledge as to any remaining allegations Affirmative Defenses 1. In the event Plaintiff does not conclusively establish that it was the first mortgagee at the time of the filing of this action and acquires title to the subject property by foreclosure or deed in lieu of foreclosure, then and only then, pursuant to Section 720.3085, Fla. Stat. or Section 718.116, Fla. Stat., the Plaintiff, or its successor or assigns as subsequent holders of the first mortgage shall be liable for, and pay to Association for unpaid assessments that came due prior to Plaintiff's acquisition of title through a foreclosure sale or a deed in lieu of foreclosure, an amount equal to the lesser of 12 months of unpaid assessments or 1% of the original mortgage debt plus all interest, administrative fees, late charges, costs and attorneys' fees that have accrued up to and subsequent to the time of the issuance of Certificate of Title. In the event the subject mortgage was executed between July 1, 2007 and June 30, 2008, Plaintiff is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. 2. In the event the subject property is transferred by foreclosure sale or deed in lieu of Page 2 foreclosure to any party other than the first mortgagee or its successor or assign as subsequent holder thereof, this subsequent third party title holder shall be jointly and severally liable with the previous owners for all unpaid assessments plus all interest, late fees, costs, and attorneys' fees that accrue up to and subsequent to the issuance of the Certificate of Title. 3. In accordance with Section 720.3085, Fla. Stat. or Section 718.116, the Association is entitled, and reserves its rights to recover its costs and attorneys' fees incurred in the collection of assessments, costs, administrative fees, late fees, and interest. 4. In the event that this Court appoints a receiver to take possession of the subject property during the pendency of this litigation, the Association shall seek a determination from the Court that regular and special assessments levied against the subject property be paid to the Association from any funds collected by such receiver. 5. To the extent that Plaintiff proceeds to foreclosure sale and the subject property is sold at foreclosure sale, and to the extent that the sale proceeds are in excess of the amounts claimed due and owing Plaintiff in any final judgment that may be entered in its favor, Defendant Association claims a right into any excess proceeds. DHN ATTORNEYS, PA 448 South Alafaya Trail, Unit 8 Orlando, FL 32828 Office: (407) 269-5346 Fax: (407) 650-2765 By: /s/ Crystal Maier _____________ Crystal Maier, Esquire Florida Bar No. 1018320 crystal@dhnattorneys.com Certificate of Service I HEREBY CERTIFY that on the 11th day of May, 2023, I filed the foregoing with the Clerk of the Courts and have mailed copies via email to the following: Charline Calhoun, Esq., servealaw@albertellilaw.com, Wells Fargo Bank. /s/ Crystal Maier Crystal Maier, Esquire Page 3