On April 28, 2023 a
Party Discovery
was filed
involving a dispute between
Us Bank Trust National Associa,
and
Town Of White Springs Florida,
Unknown Spouse Of Bernard L Wi,
Unknown Spouse Of Ruby T Willi,
Unknown Tenant 1,
Unknown Tenant 2,
Williams, Bernard L,
Williams, Ruby T,
for Circuit Civil 3-C
in the District Court of Hamilton County.
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Filing # MM E-Filed 10/25/2023 01:50:37 PM
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
IN AND FOR HAMILTON COUNTY, FLORIDA
CIVIL ACTION
US BANK TRUST NATIONAL ASSOCIATION, ete., CASE NO.: 2023CA41
Plaintiff,
Vv.
RUBY T. WILLIAMS; et al.,
Defendants.
/
RESPONSES TO PLAINTIFF’S FIRST REQUEST
FOR ADMISSIONS TO DEFENDANT, RUBY WILLIAMS
Defendant, Ruby Williams (“Defendant”), by and through her undersigned counsel, files
her responses to Plaintiffs, U.S. Bank Trust, N.A., etc., (“Plaintiff”), First Request for
Admissions to Defendant, and states:
1 You signed the promissory Note.
RESPONSE: Admit.
2. The copy of the Note attached as an Exhibit to the filed Complaint is an accurate
copy of the original you signed.
RESPONSE: Admit but without personally observing the original Note
Defendant cannot authenticate the same.
You received the loan proceeds after signing the Note and Mortgage.
RESPONSE: Admit.
You signed 2 Loan Modification Agreements after closing on the original loan.
RESPONSE: Admit.
You stopped paying on your loan due to a financial hardship.
Electronically Filed Hamilton Case # 23000041CAAXMX 10/25/2023 01:50:37 PM
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
Before this lawsuit was filed, your loan servicer mailed a notice advising your loan
was default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
The notice mailed by the loan servicer advising that you were in default complied
with the terms of your Mortgage.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
The date of default stated in Plaintiff's filed Complaint is accurate.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
You did not have the funds necessary to bring the loan current on the stated date of
default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
10. You have nothing to evidence making any loan payments since the stated date of
default.
RESPONSE: Objection calls for a legal conclusion, without waving said
objection, Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
11 You did not contact the loan’s servicer to try and resolve your delinquency prior to
the filing of this lawsuit.
RESPONSE: Deny.
12 You do not have any documentation to prove you had the funds necessary to bring the
loan current on the stated date of default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
13 You have not made a payment sufficient to bring the loan current since the stated date
of default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
14. You do not have any documentation to prove that a payment made by you was not
properly credited to your loan account balance.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
15 You have no proof of having contacted the loan servicer for purposes of making a full
payment sufficient to reinstate the loan prior to the filing of this lawsuit.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
16. You did not contact the Plaintiff to try and resolve the delinquency of your loan
account prior to the filing of this lawsuit.
RESPONSE: Deny.
17. All conditions precedent required for the acceleration of the loan were fulfilled by
Plaintiff/its agent(s).
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
18 You have not paid for any hazard insurance coverage for the subject property since
the stated date of default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
19. You have not paid any annual taxes for the subject property since the stated date of
default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
20. The Plaintiff has standing (ie: is the proper entity) to bring this foreclosure action
against you.
RESPONSE: Objection calls for a legal conclusion, without waving said
objection, Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
21 All of the payments you made were properly credited to your loan balance.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
22 You have no evidence to support any of your affirmative defenses.
RESPONSE: Objection calls for a legal conclusion, without waving said
objection, Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
23 You have continued to live on the property since the stated date of default.
RESPONSE: Defendant admits she currently resides at the property.
24. You have not paid for any hazard insurance coverage for the subject property since
the stated date of default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
25 You have not paid for any annual taxes for the subject property since the stated date
of default.
RESPONSE: Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
26. You have no evidence to support any of your affirmative defenses.
RESPONSE: Objection calls for a legal conclusion, without waving said
objection, Defendant has made reasonable inquiry and that the information
known or readily obtainable by that party is insufficient to enable that party to
admit or deny and therefore denies.
27. You are living on the subject property.
RESPONSE: Admit.
Dated: October 25, 2023
KYLE & KYLE LAW
Attorneys for Defendant, Ruby Williams
2241 N. Monroe St., #1096
Tallahassee, FL 32303
(850) 270-7604
john@kyleandkylelaw.com
tina@kyleandkylelaw.com
By: _4/ John Lara
John Lara, Esq.
Florida Bar Number: 1041177
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
electronic mail or U.S. Mail on October 25, 2023, to:
Howard Law Group
4755 Technology Way, Suite 104
Boca Raton, FL 33431
pleadings@howardlaw.com
Attorneys for Plaintiff
/s/ John Lara
John Lara, Esq.
Document Filed Date
October 25, 2023
Case Filing Date
April 28, 2023
Category
Circuit Civil 3-C
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Filing # MM E-Filed 10/25/2023 01:50:37 PM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR HAMILTON COUNTY, FLORIDA CIVIL ACTION US BANK TRUST NATIONAL ASSOCIATION, ete., CASE NO.: 2023CA41 Plaintiff, Vv. RUBY T. WILLIAMS; et al., Defendants. / RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT, RUBY WILLIAMS Defendant, Ruby Williams (“Defendant”), by and through her undersigned counsel, files her responses to Plaintiffs, U.S. Bank Trust, N.A., etc., (“Plaintiff”), First Request for Admissions to Defendant, and states: 1 You signed the promissory Note. RESPONSE: Admit. 2. The copy of the Note attached as an Exhibit to the filed Complaint is an accurate copy of the original you signed. RESPONSE: Admit but without personally observing the original Note Defendant cannot authenticate the same. You received the loan proceeds after signing the Note and Mortgage. RESPONSE: Admit. You signed 2 Loan Modification Agreements after closing on the original loan. RESPONSE: Admit. You stopped paying on your loan due to a financial hardship. Electronically Filed Hamilton Case # 23000041CAAXMX 10/25/2023 01:50:37 PM RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. Before this lawsuit was filed, your loan servicer mailed a notice advising your loan was default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. The notice mailed by the loan servicer advising that you were in default complied with the terms of your Mortgage. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. The date of default stated in Plaintiff's filed Complaint is accurate. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. You did not have the funds necessary to bring the loan current on the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 10. You have nothing to evidence making any loan payments since the stated date of default. RESPONSE: Objection calls for a legal conclusion, without waving said objection, Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 11 You did not contact the loan’s servicer to try and resolve your delinquency prior to the filing of this lawsuit. RESPONSE: Deny. 12 You do not have any documentation to prove you had the funds necessary to bring the loan current on the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 13 You have not made a payment sufficient to bring the loan current since the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 14. You do not have any documentation to prove that a payment made by you was not properly credited to your loan account balance. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 15 You have no proof of having contacted the loan servicer for purposes of making a full payment sufficient to reinstate the loan prior to the filing of this lawsuit. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 16. You did not contact the Plaintiff to try and resolve the delinquency of your loan account prior to the filing of this lawsuit. RESPONSE: Deny. 17. All conditions precedent required for the acceleration of the loan were fulfilled by Plaintiff/its agent(s). RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 18 You have not paid for any hazard insurance coverage for the subject property since the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 19. You have not paid any annual taxes for the subject property since the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 20. The Plaintiff has standing (ie: is the proper entity) to bring this foreclosure action against you. RESPONSE: Objection calls for a legal conclusion, without waving said objection, Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 21 All of the payments you made were properly credited to your loan balance. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 22 You have no evidence to support any of your affirmative defenses. RESPONSE: Objection calls for a legal conclusion, without waving said objection, Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 23 You have continued to live on the property since the stated date of default. RESPONSE: Defendant admits she currently resides at the property. 24. You have not paid for any hazard insurance coverage for the subject property since the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 25 You have not paid for any annual taxes for the subject property since the stated date of default. RESPONSE: Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 26. You have no evidence to support any of your affirmative defenses. RESPONSE: Objection calls for a legal conclusion, without waving said objection, Defendant has made reasonable inquiry and that the information known or readily obtainable by that party is insufficient to enable that party to admit or deny and therefore denies. 27. You are living on the subject property. RESPONSE: Admit. Dated: October 25, 2023 KYLE & KYLE LAW Attorneys for Defendant, Ruby Williams 2241 N. Monroe St., #1096 Tallahassee, FL 32303 (850) 270-7604 john@kyleandkylelaw.com tina@kyleandkylelaw.com By: _4/ John Lara John Lara, Esq. Florida Bar Number: 1041177 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail or U.S. Mail on October 25, 2023, to: Howard Law Group 4755 Technology Way, Suite 104 Boca Raton, FL 33431 pleadings@howardlaw.com Attorneys for Plaintiff /s/ John Lara John Lara, Esq.