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Filing # 157008417 E-Filed 09/08/2022 02:03:03 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR LAKE COUNTY, FLORIDA
CIVIL ACTION
WILMINGTON SAVINGS FUND SOCIETY, CASE NO: 2021 CA 002011
FSB, AS TRUSTEE OF STANWICH
MORTGAGE LOAN TRUST F,
PLAINTIFF,
Vs.
UNKNOWN HEIRS, BENEFICIARIES, DEVISEES,
SURVIVING SPOUSE, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES, AND ALL
OTHER PARTIES CLAIMING AN INTEREST BY,
THROUGH, UNDER OR AGAINST THE ESTATE
OF ALPHONZO FERNANDEZ, DECEASED; et al.,
DEFENDANT(S).
/
ANSWER TO VERIFIED COMPLAINT BY ATTORNEY.
ADMINISTRATOR AND GUARDIAN AD LITEM
COMES NOW the undersigned Attorney, Administrator and Guardian Ad Litem
appointed to conduct a diligent search for Defendant(s) Unknown Heirs, Beneficiaries, Devisees,
Surviving Spouse, Grantees, Assignee, Lienors, Creditors, Trustees, and all other parties
claiming an interest by, through, under or against the Estate of Alphonzo Fernandez, deceased,
and hereby answers the Plaintiff's Complaint as follows:
COUNT ONE: FORECLOSURE
1. Admitted for jurisdictional purposes only.
2. through 8. Without knowledge, therefore denied.
9. Admit that defendant(s), Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse,
Grantees, Assignee, Lienors, Creditors, Trustees, and all other parties claiming an interest by,
through, under or against the Estate of Elva Hodgson, deceased may have an interest in the
FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/08/2022 02:27:53 PM.
property. Without knowledge as to the remainder of the allegation, therefore denied.
10. through 12. Without knowledge, therefore denied.
WHEREFORE, no deficiency judgment may be sought or obtained against any
defendant(s) not a party to the underlying subject note and mortgage.
WHEREFORE, no deficiency judgment may be sought or obtained against any
defendant(s) that was not personally served with papers in this cause and the entry ofa
deficiency will deprive said defendant(s) of their rights under the Constitution of the United
States and the State of Florida.
WHEREFORE, the above named defendant(s) pray to reserve the right to amend the
Answer should further information become available and granting such other and Further relief
and the Court deems just and proper including the award of attorney fees.
WHEREFORE, the above named defendant(s) pray to reserve the right to make specific
claim as to any surplus.
/s/ Julia B. Kite-Powell
Julia B. Kite-Powell, Esquire
Julia B. Kite-Powell, P.A.
P.O. Box 18645
Tampa, Florida 33679-8645
(813)288-9594
juliakp@tampabay.rr.com
Florida Bar No. 984124
Attorney, Administrator and Guardian Ad Litem
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document has been
furnished by U.S. Mail or via electronic mail if one is indicated this 7 day of September, 2022, to
all parties on the attached service list.
/s/ Julia B. Kite-Powell
Julia B. Kite-Powell, Esquire
Julia B. Kite-Powell, P.A.
P.O. Box 18645
Tampa, Florida 33679-8645
(813)288-9594
juliakp@tampabay.rr.com
Florida Bar No. 984124
Attorney, Administrator and Guardian Ad Litem
Service List
Aldridge Pite LLP
5300 West Atlantic Avenue, Suite 303
Delray Beach, FL 33484
ervicemail@aldridgepite.com
Foundation Finance Company, LLC
c/o any person authorized to accept service
Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301-2525
Deitrich Fernandez
10417 220" Street FL 1*
Queens, NY 11429
Artheisa Willis Fernandez
11609 222” Street Unit 2
Cambria Heights, NY 11411
Diane Fernandez
4110 Elm Street
Lady Lake, FL 32159
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Filing # 157008417 E-Filed 09/08/2022 02:03:03 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR LAKE COUNTY, FLORIDA CIVIL ACTION WILMINGTON SAVINGS FUND SOCIETY, CASE NO: 2021 CA 002011 FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST F, PLAINTIFF, Vs. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, SURVIVING SPOUSE, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH, UNDER OR AGAINST THE ESTATE OF ALPHONZO FERNANDEZ, DECEASED; et al., DEFENDANT(S). / ANSWER TO VERIFIED COMPLAINT BY ATTORNEY. ADMINISTRATOR AND GUARDIAN AD LITEM COMES NOW the undersigned Attorney, Administrator and Guardian Ad Litem appointed to conduct a diligent search for Defendant(s) Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse, Grantees, Assignee, Lienors, Creditors, Trustees, and all other parties claiming an interest by, through, under or against the Estate of Alphonzo Fernandez, deceased, and hereby answers the Plaintiff's Complaint as follows: COUNT ONE: FORECLOSURE 1. Admitted for jurisdictional purposes only. 2. through 8. Without knowledge, therefore denied. 9. Admit that defendant(s), Unknown Heirs, Beneficiaries, Devisees, Surviving Spouse, Grantees, Assignee, Lienors, Creditors, Trustees, and all other parties claiming an interest by, through, under or against the Estate of Elva Hodgson, deceased may have an interest in the FILED: LAKE COUNTY, GARY J. COONEY, CLERK, 09/08/2022 02:27:53 PM. property. Without knowledge as to the remainder of the allegation, therefore denied. 10. through 12. Without knowledge, therefore denied. WHEREFORE, no deficiency judgment may be sought or obtained against any defendant(s) not a party to the underlying subject note and mortgage. WHEREFORE, no deficiency judgment may be sought or obtained against any defendant(s) that was not personally served with papers in this cause and the entry ofa deficiency will deprive said defendant(s) of their rights under the Constitution of the United States and the State of Florida. WHEREFORE, the above named defendant(s) pray to reserve the right to amend the Answer should further information become available and granting such other and Further relief and the Court deems just and proper including the award of attorney fees. WHEREFORE, the above named defendant(s) pray to reserve the right to make specific claim as to any surplus. /s/ Julia B. Kite-Powell Julia B. Kite-Powell, Esquire Julia B. Kite-Powell, P.A. P.O. Box 18645 Tampa, Florida 33679-8645 (813)288-9594 juliakp@tampabay.rr.com Florida Bar No. 984124 Attorney, Administrator and Guardian Ad Litem CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing document has been furnished by U.S. Mail or via electronic mail if one is indicated this 7 day of September, 2022, to all parties on the attached service list. /s/ Julia B. Kite-Powell Julia B. Kite-Powell, Esquire Julia B. Kite-Powell, P.A. P.O. Box 18645 Tampa, Florida 33679-8645 (813)288-9594 juliakp@tampabay.rr.com Florida Bar No. 984124 Attorney, Administrator and Guardian Ad Litem Service List Aldridge Pite LLP 5300 West Atlantic Avenue, Suite 303 Delray Beach, FL 33484 ervicemail@aldridgepite.com Foundation Finance Company, LLC c/o any person authorized to accept service Corporation Service Company 1201 Hays Street Tallahassee, FL 32301-2525 Deitrich Fernandez 10417 220" Street FL 1* Queens, NY 11429 Artheisa Willis Fernandez 11609 222” Street Unit 2 Cambria Heights, NY 11411 Diane Fernandez 4110 Elm Street Lady Lake, FL 32159