No Value: US BANK TRUST NATIONAL ASSOCIATION vs. DECKER, SHAWN R

• 
• 
• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 176102872 E-Filed 06/26/2023 11:28:50 AM



                     IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
                             IN AND FOR OSCEOLA COUNTY, FLORIDA

          U.S. BANK TRUST NATIONAL
                                                                        CASE NO. 2023-CA-003233
          ASSOCIATION, NOT IN ITS
          INDIVIDUAL CAPACITY, BUT
          SOLELY AS TRUSTEE OF LSF9
          MATER PARTICIPATION TRUST

                    Plaintiff,
          Vv.


          SHAWN R DECKER A/K/A SHAWN
          DECKER; SAMANTHA DECKER;
          BRECKENRIDGE HOMEOWNERS’
          ASSOCIATION, INC.; OSCEOLA
          COUNTY, A POLITICAL
          SUBDIVISION OF THE STATE OF
          FLORIDA; UNITED STATES OF
          AMERICA ON BEHALF OF
          SECRETARY OF HOUSING AND
          URBAN DEVELOPMENT; UNKNOWN
          TENANT IN POSSESSION 1;
          UNKNOWN TENANT IN POSSESSION
          2

                    Defendants.




                                                       ANSWER

                    Defendant Samantha Decker (hereinafter referred as “Defendant”), by and through the
        undersigned counsel, hereby files this ANSWER, and in support states the following:

                1   Admitted.

                2   Admitted as to actions of execution by Defendant.

                    Admitted.

                    Without knowledge and therefore denied.


                                                        Page 1 of 4
Without knowledge and therefore denied.

        Without knowledge and therefore denied.

        Admitted.

   8    Admitted as to some non-payments, without knowledge and therefore denied as to the
date non-payment occurred.

   9    Without knowledge and therefore denied

   10. Without knowledge and therefore denied.

   11   Without knowledge and therefore denied.

   12 Without knowledge and therefore denied.

   13. Denied.

   14. Without knowledge and therefore denied.

   15 Without knowledge and therefore denied.

   16. Without knowledge and therefore denied.

   17 Without knowledge and therefore denied.

   18 Without knowledge and therefore denied.

   19. Without knowledge and therefore denied.

   20. Admitted.

   21   Without knowledge and therefore denied.

   22. Admitted.

   23   Answers:

           a.    Admitted.

           b.    Without knowledge and therefore denied.

           Cc.   Without knowledge and therefore denied.


                                             Page 2 of 4
d.   Without knowledge and therefore denied.

            ©.   Without knowledge and therefore denied.

            f.   Without knowledge and therefore denied.

                                   AFFIRMATIVE         DEFENSES

Affirmative Defense: Lost Note

        The Plaintiff
                    no longer has custody of the original Promissory Note and is thus barred
from pursuing this action unless it is able to fulfill the requirements of reestablishing the
Promissory Note it is alleging to enforce in this action. If the Plaintiffis able to reestablish the
Promissory Note, but not provide with certainty its prior destruction, the Plaintiff should provide
a bond to protect the Defendant from future actions by third parties.

                      DEMAND      FOR ATTORNEY’S FEES AND COSTS

        Defendant hired the undersigned counsel and agreed to pay a reasonable fee and costs
telated to defending this lawsuit. Pursuant to Fla. Stat. § 57.105 and the Note and Mortgage
agreements. The Defendant asks this court to grant her attorney’s fees and costs if successful in
defending this lawsuit.

        Respectfully submitted this
                                      Jun 26, 2023


                                                Stacy A. McCland, Esq.
                                                Florida Bar No: 60570
                                                McCland Law, P.A.
                                                241 Ruby Avenue, Suite C
                                                Kissimmee, FL 34741
                                                Telephone: (321) 766-9030
                                                Primary E-mail: stacy@mcclandlaw.com
                                                Secondary E-Mail: service@meclandlaw.com




                                               Page 3 of 4
CERTIFICATE OF SERVICE

       I certify that a true and correct copy of the foregoing document has been furnished
pursuant to Fla. R. Jud. Admin. 2.516(b) by the delivery method described below to the
following interested parties on Jun 26, 2023




Morgan B. Lea via E-File Portal to: Morgan.lea@mecalla.com and Mrservice@mecalla.com




                                                        iad          said
                                                         Stacy A. McCland




                                               Page 4 of 4