On May 03, 2023 a
Answer
was filed
involving a dispute between
Centra Ncfl Properties Llc,
and
Bailey, James R,
Mason, Victor W,
S And S Senior Housing Of Burn,
S And S Senior Housing Of Loui,
S And S Senior Housing Of Madi,
Simmons, Kenneth Mark,
State Of Florida Department Of,
Steve Hall Carpet And Tile Llc,
Troy And Jenny Enterprises Inc,
United States Of America Depar,
Unknown Tenant 1,
Unknown Tenant 2,
for Circuit Civil 3-C
in the District Court of Madison County.
Preview
Filing # 183044883 E-Filed 10/02/2023 03:44:36 PM
IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT
IN AND FOR MADISON COUNTY, FLORIDA
CENTRA NCFL PROPERTIES, LLC, CASE NO. 2023-071-CA
Plaintiff,
Vv.
S & S SENIOR HOUSING OF MADISON, LLC;
KENNETH MARK SIMONS; JAMES R. BAILEY;
VICTOR W. MASON; UNITED STATES OF
AMERICA DEPARTMENT OF TREASURY;
STATE OF FLORIDA DEPARTMENT OF REVENUE;
STEVE HALL CARPET & TILE, LLC; UNKNOWN
TENANT 1; UNKNOWN TENANT 2; S & S SENIOR
HOUSING OF BURNSVILLE, LLC; S & S SENIOR
HOUSING OF LOUISBURG, LLC,
Defendants.
/
DEFENDANT, S & S SENIOR HOUSING OF MADISON, LLC’S, ANSWER TO
COMPLAINT FOR FORECLOSURE OF MORTGAGE, SUIT ON GUARANTY,
AND ASSIGNMENT OF RENTS AND LEASES
COMES NOW, Defendant, S & S Senior Housing of Madison, LLC
(“Defendant”), by and through the undersigned counsel, answers the amended complaint
of Plaintiff, Centra NCFL Properties, LLC, and states the following in response:
General Allegation:
Admitted.
Admitted that Defendant executed a promissory note and mortgage, otherwise
without knowledge and therefore denied.
Without knowledge; therefore denied.
Admitted for definition purposes only.
Admitted that Defendant has missed certain payments, otherwise denied.
Without knowledge; therefore denied.
Electronically Filed Madison Case # 2023000071CAAXMX 10/02/2023 03:44:36 PM
Count I Mortgage Foreclosur
Admitted, denied, without knowledge (or otherwise answered) as set forth above.
Admitted.
Admitted that the Loan Documents state what they state; otherwise without
knowledge and denied.
10. Admitted.
11 Admitted that Defendant has missed certain payments, otherwise denied.
12 Admitted that Plaintiff declares the full amount due, denied as to the amount
Plaintiff asserts is due.
13 Denied as to the alleged amount remaining due.
14. Without knowledge and therefore denied.
15 Admitted.
16. Without knowledge and therefore denied.
17 Without knowledge and therefore denied.
18 Without knowledge and therefore denied.
Count I Suit on Guaranty
18 Admitted, denied, without knowledge (or otherwise answered) as set forth above.
19. Admitted for jurisdictional purposes only.
20. Without knowledge, therefore denied.
21 Admitted that Defendant has missed certain payments, otherwise denied.
22 Without knowledge and therefore denied.
23 Without knowledge, therefore denied.
24. Without knowledge, therefore denied.
Count II] Assignment of Rents and Leases
25 Admitted, denied, without knowledge (or otherwise answered) as set forth above.
26. Admitted that the documents state what they state; otherwise without knowledge
and therefore denied.
27. Admitted that Defendant has missed certain payments, otherwise denied.
28 Admitted that the documents state what they state; otherwise without knowledge
and therefore denied.
29. Without knowledge, therefore denied.
WHEREFORE, Defendant, S & S Senior Housing of Madison, LLC, respectfully
requests that the Court deny Plaintiff any relief it is seeking in this action, and award
Defendant reasonably attorneys’ fees and costs in this matter, and that the Court grant
Defendants any other relief that it deems just and proper.
RESPECTFULLY SUBMITTED this 2" day of October, 2023.
Bruner Wright, P.A.
/s/ Byron Wright IIT
Byron Wright IIT
Florida Bar No. 118971
2810 Remington Green Circle
Tallahassee, FL 32308
Office: (850) 385-0342
Fax: (850) 270-2441
twright@brunerwright.com
Attorney(s) for Defendant
CERTIFICATE OF SERVICE
I, Byron Wright III, hereby certify that a true and accurate copy of the foregoing
document was served on the following in the manner stated below:
Served via electronic mail through the Florida E-filing Portal: I have confirmed
that the foregoing document was served via electronic mail through the Florida E-
filing Portal on October 2, 2023, to all parties listed on the court’s electronic service
list.
DATED: October 2, 2023 Bruner Wright, P.A.
/s/ Byron Wright IIT
Byron Wright IIT
Florida Bar No. 118971
2810 Remington Green Circle
Tallahassee, FL 32308
Office: (850) 385-0342
Fax: (850) 270-2441
twright@brunerwright.com
Attorney(s) for Defendant
Preview
Filing # 183044883 E-Filed 10/02/2023 03:44:36 PM IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT IN AND FOR MADISON COUNTY, FLORIDA CENTRA NCFL PROPERTIES, LLC, CASE NO. 2023-071-CA Plaintiff, Vv. S & S SENIOR HOUSING OF MADISON, LLC; KENNETH MARK SIMONS; JAMES R. BAILEY; VICTOR W. MASON; UNITED STATES OF AMERICA DEPARTMENT OF TREASURY; STATE OF FLORIDA DEPARTMENT OF REVENUE; STEVE HALL CARPET & TILE, LLC; UNKNOWN TENANT 1; UNKNOWN TENANT 2; S & S SENIOR HOUSING OF BURNSVILLE, LLC; S & S SENIOR HOUSING OF LOUISBURG, LLC, Defendants. / DEFENDANT, S & S SENIOR HOUSING OF MADISON, LLC’S, ANSWER TO COMPLAINT FOR FORECLOSURE OF MORTGAGE, SUIT ON GUARANTY, AND ASSIGNMENT OF RENTS AND LEASES COMES NOW, Defendant, S & S Senior Housing of Madison, LLC (“Defendant”), by and through the undersigned counsel, answers the amended complaint of Plaintiff, Centra NCFL Properties, LLC, and states the following in response: General Allegation: Admitted. Admitted that Defendant executed a promissory note and mortgage, otherwise without knowledge and therefore denied. Without knowledge; therefore denied. Admitted for definition purposes only. Admitted that Defendant has missed certain payments, otherwise denied. Without knowledge; therefore denied. Electronically Filed Madison Case # 2023000071CAAXMX 10/02/2023 03:44:36 PM Count I Mortgage Foreclosur Admitted, denied, without knowledge (or otherwise answered) as set forth above. Admitted. Admitted that the Loan Documents state what they state; otherwise without knowledge and denied. 10. Admitted. 11 Admitted that Defendant has missed certain payments, otherwise denied. 12 Admitted that Plaintiff declares the full amount due, denied as to the amount Plaintiff asserts is due. 13 Denied as to the alleged amount remaining due. 14. Without knowledge and therefore denied. 15 Admitted. 16. Without knowledge and therefore denied. 17 Without knowledge and therefore denied. 18 Without knowledge and therefore denied. Count I Suit on Guaranty 18 Admitted, denied, without knowledge (or otherwise answered) as set forth above. 19. Admitted for jurisdictional purposes only. 20. Without knowledge, therefore denied. 21 Admitted that Defendant has missed certain payments, otherwise denied. 22 Without knowledge and therefore denied. 23 Without knowledge, therefore denied. 24. Without knowledge, therefore denied. Count II] Assignment of Rents and Leases 25 Admitted, denied, without knowledge (or otherwise answered) as set forth above. 26. Admitted that the documents state what they state; otherwise without knowledge and therefore denied. 27. Admitted that Defendant has missed certain payments, otherwise denied. 28 Admitted that the documents state what they state; otherwise without knowledge and therefore denied. 29. Without knowledge, therefore denied. WHEREFORE, Defendant, S & S Senior Housing of Madison, LLC, respectfully requests that the Court deny Plaintiff any relief it is seeking in this action, and award Defendant reasonably attorneys’ fees and costs in this matter, and that the Court grant Defendants any other relief that it deems just and proper. RESPECTFULLY SUBMITTED this 2" day of October, 2023. Bruner Wright, P.A. /s/ Byron Wright IIT Byron Wright IIT Florida Bar No. 118971 2810 Remington Green Circle Tallahassee, FL 32308 Office: (850) 385-0342 Fax: (850) 270-2441 twright@brunerwright.com Attorney(s) for Defendant CERTIFICATE OF SERVICE I, Byron Wright III, hereby certify that a true and accurate copy of the foregoing document was served on the following in the manner stated below: Served via electronic mail through the Florida E-filing Portal: I have confirmed that the foregoing document was served via electronic mail through the Florida E- filing Portal on October 2, 2023, to all parties listed on the court’s electronic service list. DATED: October 2, 2023 Bruner Wright, P.A. /s/ Byron Wright IIT Byron Wright IIT Florida Bar No. 118971 2810 Remington Green Circle Tallahassee, FL 32308 Office: (850) 385-0342 Fax: (850) 270-2441 twright@brunerwright.com Attorney(s) for Defendant