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Filing # 179826203 E-Filed 08/16/2023 04:34:07 PM
IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT
IN AND FOR MADISON COUNTY, FLORIDA
CIVIL DIVISION
CENTRA NCFL PROPERTIES LLC
Plaintiff,
vs.
CASE NO. 2023000071CAAXMX
S&S SENIOR HOUSING OF MADISON,
LLC; KENNETH MARK SIMONS; JAMES Division No.
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 IIOUSING OF BURNVILLE, LLC;
S&S SENIOR HOUSING OF LOUISBURG,
LLC,
Defendants.
VICTOR W MASON’S ANSWER AND AFFIRMATIVE DEFENSES TO
COMPLAINT FOR FORECLOSURE OF MORTGAGE, SUIT ON GUARANTY, AND
ASSIGNMENT OF RENTS AND LEASES
COMES NOW Defendant Victor W Mason (“Defendant”), and files this his Answer and
Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of Mortgage, Suit on
Guaranty, and Assignment of Rents and Leases (hereafter “Plaintiff's Complaint”), showing this
Honorable Court as follows:
I AFFIRMATIVE DEFENSES TO PLAINTIFF’S CLAIMS
1 Plaintiff's Complaint should be dismissed for failure to state a claim upon which
relief may be granted.
2 Plaintiff's claims are barred wholly or partially by the defenses of payment and/or
accord and satisfaction.
Electronically Filed Madison Case # 2023000071CAAXMX 08/16/2023 04:34:07 PM
3 Plaintiff's claims are barred wholly or partially by the defenses of prior material
breach, failure of a condition precedent, and/or breach of the implied duty of good faith and fair
dealing.
4. Plaintiff's claims are barred wholly or partially by the defenses of waiver, estoppel,
laches, and/or unclean hands.
5 As a purportedly inferior/junior priority holder of an interest, Defendant asserts
against Plaintiffall such defenses as are held by the owner of the subject property against Plaintiff's
claims and all such defenses as are held by any interest holders purportedly superior/senior to this
Defendant against Plaintiff's claims.
6 Defendant reserves any additional and further defenses as may be revealed by
additional information during the course of discovery and investigation and as is consistent with
the applicable Rules of Civil Procedure.
Il. ANSWERS TO ALLEGATIONS OF COMPLAINT
Defendant, by and through this undersigned counsel, hereby submits his Answer to the
allegations of Plaintiff's Complaint in the above-captioned action. Except as expressly admitted
or qualified below, each and every statement, allegation, contention, or insinuation of the
Complaint is denied. The Complaint’s paragraph numbering and headings are reproduced herein
for ease of reference only. Defendant does not accept, and expressly rejects, both Plaintiff's
ontentions in its headings and its characterization of its pleadings as set forth in those headings.
GENERAL ALLEGATIONS
1 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 1 of Plaintiff's Complaint, which accordingly stands
as denied.
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2 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 2 of Plaintiff's Complaint, which accordingly stands
as denied.
3 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 3 of Plaintiff's Complaint, which accordingly stands
as denied.
4. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 4 of Plaintiffs Complaint, which accordingly stands
as denied.
5 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 5 of Plaintiffs Complaint, which accordingly stands
as denied.
6 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 6 of Plaintiff's Complaint, which accordingly stands
as denied.
COUNT I MORTGAGE FORECLOSURE
7
Defendant re-alleges and incorporates by reference his answers to the allegations
contained in the preceding paragraphs as if set forth here in their entirety.
8 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 8 of Plaintiffs Complaint, which accordingly stands
as denied.
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9 Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 9 of Plaintiff's Complaint, which accordingly stands
as denied.
10. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 10 of Plaintiff's Complaint, which accordingly
stands as denied.
11. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 11 of Plaintiff’s Complaint, which accordingly
stands as denied.
12. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 12 of Plaintiff's Complaint, which accordingly
stands as denied.
13. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 13 of Plaintiffs Complaint, which accordingly
stands as denied.
14. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 14 of Plaintiff's Complaint, which accordingly
stands as denied.
15. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 15 of Plaintiff's Complaint, which accordingly
stands as denied.
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16. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 16 of Plaintiff's Complaint, which accordingly
stands as denied.
17. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 17 of Plaintiff's Complaint, which accordingly
stands as denied.
18. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 18 of Plaintiff's Complaint other than those
contained in subparts “c” and “d”, which allegations (other than as to subparts “c” and “d”)
accordingly stand as denied.
(a) As to subparts “c” and “d” of Paragraph 18, Defendant admits that both he
and James R. Bailey hold some right, title or interest in the property sought to be foreclosed upon
in this action, including without limitation the judgment liens referenced therein. Defendant denies
that such interests are subordinate, junior, and inferior to the lien of Plaintiff's Mortgage, pending
further strict proof of such by Plaintiff.
(b) As to the unnumbered “WHEREFORE” clause and its numbered subparts
following Paragraph 18 of Plaintiff's Complaint, Defendant denies any allegations contained
therein to which a response is required, denies any liability to Plaintiff, and denies that Defendant’s
interest is entitled to be foreclosed, pending further strict proof by Plaintiff as to the priority of
Plaintiff’ s interest.
COUNT II SUIT ON GUARANTY
18. Defendant re-alleges and incorporates by reference his answers to the allegations
contained in the preceding paragraphs as if set forth here in their entirety.
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19, Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 19 of Plaintiff's Complaint, which accordingly
stands as denied.
20. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 20 of Plaintiff's Complaint, which accordingly
stands as denied.
21. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 21 of Plaintiff’s Complaint, which accordingly
stands as denied.
22. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 22 of Plaintiff's Complaint, which accordingly
stands as denied.
23. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 23 of Plaintiffs Complaint, which accordingly
stands as denied.
24. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 24 of Plaintiff's Complaint, which accordingly
stands as denied.
(a) As to the unnumbered “WHEREFORE” clause following Paragraph 24 of
Plaintiff's Complaint, Defendant denies any allegations contained therein to which a response is
required, and denies any liability to Plaintiff.
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COUNT II [sic] ASSIGNMENT OF RENTS AND LEASES
25. Defendant re-alleges and incorporates by reference his answers to the allegations
contained in the preceding paragraphs as if set forth here in their entirety.
26. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 26 of Plaintiff's Complaint, which accordingly
stands as denied.
27. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 27 of Plaintiff’s Complaint, which accordingly
stands as denied.
28. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 28 of Plaintiff's Complaint, which accordingly
stands as denied.
29. Defendant is without knowledge or information sufficient to form a belief as to the
truth of the allegations contained in Paragraph 29 of Plaintiffs Complaint, which accordingly
stands as denied.
(a) As to the unnumbered “WHEREFO. ” clause following Paragraph 29 of
Plaintiff's Complaint, Defendant denies any allegations contained therein to which a response is
required, and denies any liability to Plaintiff.
WHEREFORE, having fully responded to the allegations set forth in Plaintiffs Complaint
for Foreclosure of Mortgage, Suit on Guaranty, and Assignment of Rents and Leases, Defendant
Victor W. Mason prays for the following relief:
a) That Defendant Victor W. Mason has trial by jury of twelve for all issues so triable;
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b) That Plaintiff’s claims against Defendant be dismissed, and that judgment be
entered in favor of Defendant and against Plaintiff with all costs taxed against Plaintiff; and
c) That Defendant be granted such further relief as may be just and proper.
Respectfully submitted this 16" day of August, 2023.
/s/ Scott Busby
SCOTT BUSBY, ESQ.
Georgia Bar No. 098360
Counsel for Defendant Victor W Mason
BUSBY & NEGIN, INC.
8200 Roberts Drive, Suite 201
Atlanta, GA 30350
(470) 275-3042
Fax: (404) 529-4399
busby@busbynegin.com
crs@busbynegin.com
-8-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the within and foregoing has been
filed electronically via the Court’s approved electronic filing system, which will automatically
send email notification of such filing to all counsel of record as follows:
Michelle Garcia Gilbert
Amy M. Kiser
GILBERT GARCIA GROUP, PA.
Attorney for Plaintiffs
2313 W. Violet St.
TAMPA, FL 33603
emailservice@gilbertgrouplaw.com
This 16" day of August, 2023.
/s/ Scott Busby
SCOTT BUSBY, ESQ.
Georgia Bar No. 098360
Counsel for Defendant Victor W Mason
BUSBY & NEGIN, INC.
8200 Roberts Drive, Suite 201
Atlanta, GA 30350
(470) 275-3042
Fax: (404) 529-4399
busby@busbynegin.com
crs@busbynegin.com
-9-
Preview
Filing # 179826203 E-Filed 08/16/2023 04:34:07 PM IN THE CIRCUIT COURT OF THE THIRD JUDICIAL CIRCUIT IN AND FOR MADISON COUNTY, FLORIDA CIVIL DIVISION CENTRA NCFL PROPERTIES LLC Plaintiff, vs. CASE NO. 2023000071CAAXMX S&S SENIOR HOUSING OF MADISON, LLC; KENNETH MARK SIMONS; JAMES Division No. 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 IIOUSING OF BURNVILLE, LLC; S&S SENIOR HOUSING OF LOUISBURG, LLC, Defendants. VICTOR W MASON’S ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT FOR FORECLOSURE OF MORTGAGE, SUIT ON GUARANTY, AND ASSIGNMENT OF RENTS AND LEASES COMES NOW Defendant Victor W Mason (“Defendant”), and files this his Answer and Affirmative Defenses in response to Plaintiff's Complaint for Foreclosure of Mortgage, Suit on Guaranty, and Assignment of Rents and Leases (hereafter “Plaintiff's Complaint”), showing this Honorable Court as follows: I AFFIRMATIVE DEFENSES TO PLAINTIFF’S CLAIMS 1 Plaintiff's Complaint should be dismissed for failure to state a claim upon which relief may be granted. 2 Plaintiff's claims are barred wholly or partially by the defenses of payment and/or accord and satisfaction. Electronically Filed Madison Case # 2023000071CAAXMX 08/16/2023 04:34:07 PM 3 Plaintiff's claims are barred wholly or partially by the defenses of prior material breach, failure of a condition precedent, and/or breach of the implied duty of good faith and fair dealing. 4. Plaintiff's claims are barred wholly or partially by the defenses of waiver, estoppel, laches, and/or unclean hands. 5 As a purportedly inferior/junior priority holder of an interest, Defendant asserts against Plaintiffall such defenses as are held by the owner of the subject property against Plaintiff's claims and all such defenses as are held by any interest holders purportedly superior/senior to this Defendant against Plaintiff's claims. 6 Defendant reserves any additional and further defenses as may be revealed by additional information during the course of discovery and investigation and as is consistent with the applicable Rules of Civil Procedure. Il. ANSWERS TO ALLEGATIONS OF COMPLAINT Defendant, by and through this undersigned counsel, hereby submits his Answer to the allegations of Plaintiff's Complaint in the above-captioned action. Except as expressly admitted or qualified below, each and every statement, allegation, contention, or insinuation of the Complaint is denied. The Complaint’s paragraph numbering and headings are reproduced herein for ease of reference only. Defendant does not accept, and expressly rejects, both Plaintiff's ontentions in its headings and its characterization of its pleadings as set forth in those headings. GENERAL ALLEGATIONS 1 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiff's Complaint, which accordingly stands as denied. -2- 2 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 of Plaintiff's Complaint, which accordingly stands as denied. 3 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 3 of Plaintiff's Complaint, which accordingly stands as denied. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 4 of Plaintiffs Complaint, which accordingly stands as denied. 5 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of Plaintiffs Complaint, which accordingly stands as denied. 6 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of Plaintiff's Complaint, which accordingly stands as denied. COUNT I MORTGAGE FORECLOSURE 7 Defendant re-alleges and incorporates by reference his answers to the allegations contained in the preceding paragraphs as if set forth here in their entirety. 8 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 of Plaintiffs Complaint, which accordingly stands as denied. -3- 9 Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 9 of Plaintiff's Complaint, which accordingly stands as denied. 10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 10 of Plaintiff's Complaint, which accordingly stands as denied. 11. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 11 of Plaintiff’s Complaint, which accordingly stands as denied. 12. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 12 of Plaintiff's Complaint, which accordingly stands as denied. 13. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 13 of Plaintiffs Complaint, which accordingly stands as denied. 14. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 14 of Plaintiff's Complaint, which accordingly stands as denied. 15. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 15 of Plaintiff's Complaint, which accordingly stands as denied. -4- 16. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 16 of Plaintiff's Complaint, which accordingly stands as denied. 17. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 17 of Plaintiff's Complaint, which accordingly stands as denied. 18. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 18 of Plaintiff's Complaint other than those contained in subparts “c” and “d”, which allegations (other than as to subparts “c” and “d”) accordingly stand as denied. (a) As to subparts “c” and “d” of Paragraph 18, Defendant admits that both he and James R. Bailey hold some right, title or interest in the property sought to be foreclosed upon in this action, including without limitation the judgment liens referenced therein. Defendant denies that such interests are subordinate, junior, and inferior to the lien of Plaintiff's Mortgage, pending further strict proof of such by Plaintiff. (b) As to the unnumbered “WHEREFORE” clause and its numbered subparts following Paragraph 18 of Plaintiff's Complaint, Defendant denies any allegations contained therein to which a response is required, denies any liability to Plaintiff, and denies that Defendant’s interest is entitled to be foreclosed, pending further strict proof by Plaintiff as to the priority of Plaintiff’ s interest. COUNT II SUIT ON GUARANTY 18. Defendant re-alleges and incorporates by reference his answers to the allegations contained in the preceding paragraphs as if set forth here in their entirety. -5- 19, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 19 of Plaintiff's Complaint, which accordingly stands as denied. 20. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 20 of Plaintiff's Complaint, which accordingly stands as denied. 21. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 21 of Plaintiff’s Complaint, which accordingly stands as denied. 22. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 22 of Plaintiff's Complaint, which accordingly stands as denied. 23. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 23 of Plaintiffs Complaint, which accordingly stands as denied. 24. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 24 of Plaintiff's Complaint, which accordingly stands as denied. (a) As to the unnumbered “WHEREFORE” clause following Paragraph 24 of Plaintiff's Complaint, Defendant denies any allegations contained therein to which a response is required, and denies any liability to Plaintiff. -6- COUNT II [sic] ASSIGNMENT OF RENTS AND LEASES 25. Defendant re-alleges and incorporates by reference his answers to the allegations contained in the preceding paragraphs as if set forth here in their entirety. 26. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 26 of Plaintiff's Complaint, which accordingly stands as denied. 27. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 27 of Plaintiff’s Complaint, which accordingly stands as denied. 28. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 28 of Plaintiff's Complaint, which accordingly stands as denied. 29. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 29 of Plaintiffs Complaint, which accordingly stands as denied. (a) As to the unnumbered “WHEREFO. ” clause following Paragraph 29 of Plaintiff's Complaint, Defendant denies any allegations contained therein to which a response is required, and denies any liability to Plaintiff. WHEREFORE, having fully responded to the allegations set forth in Plaintiffs Complaint for Foreclosure of Mortgage, Suit on Guaranty, and Assignment of Rents and Leases, Defendant Victor W. Mason prays for the following relief: a) That Defendant Victor W. Mason has trial by jury of twelve for all issues so triable; -7- b) That Plaintiff’s claims against Defendant be dismissed, and that judgment be entered in favor of Defendant and against Plaintiff with all costs taxed against Plaintiff; and c) That Defendant be granted such further relief as may be just and proper. Respectfully submitted this 16" day of August, 2023. /s/ Scott Busby SCOTT BUSBY, ESQ. Georgia Bar No. 098360 Counsel for Defendant Victor W Mason BUSBY & NEGIN, INC. 8200 Roberts Drive, Suite 201 Atlanta, GA 30350 (470) 275-3042 Fax: (404) 529-4399 busby@busbynegin.com crs@busbynegin.com -8- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the within and foregoing has been filed electronically via the Court’s approved electronic filing system, which will automatically send email notification of such filing to all counsel of record as follows: Michelle Garcia Gilbert Amy M. Kiser GILBERT GARCIA GROUP, PA. Attorney for Plaintiffs 2313 W. Violet St. TAMPA, FL 33603 emailservice@gilbertgrouplaw.com This 16" day of August, 2023. /s/ Scott Busby SCOTT BUSBY, ESQ. Georgia Bar No. 098360 Counsel for Defendant Victor W Mason BUSBY & NEGIN, INC. 8200 Roberts Drive, Suite 201 Atlanta, GA 30350 (470) 275-3042 Fax: (404) 529-4399 busby@busbynegin.com crs@busbynegin.com -9-