Document for US BANK TRUST NATIONAL ASSOCIATION vs. DECKER, SHAWN R

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                                Filing # 172462558 E-Filed 05/04/2023 03:00:06 PM

                           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,
          v.

          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 AND AFFIRMATIVE DEFENSE OF BRECKENRIDGE HOMEOWNERS’
                                 ASSOCIATION, INC.

             Defendant, BRECKENRIDGE HOMEOWNERS’ ASSOCIATION, INC., a Florida non-profit

     corporation hereby files its Answer and First Affirmative Defense to the Complaint in the above-styled

     cause of action, and states as follows:

             1.      BRECKENRIDGE HOMEOWNERS’ ASSOCIATION, INC. is without knowledge,

     therefore deny as to the allegations contained in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,

     18, 19, 20, 21, 23 of Plaintiff’s Complaint.

             2.      As to paragraphs 1, 17, 22 of Plaintiff’s Complaint, BRECKENRIDGE HOMEOWNERS’

     ASSOCIATION, INC. admits that it has an interest in the property by virtue of possible association liens

     and assessments but is without knowledge as to whether its interest is subject and inferior to the Mortgage

     held by Plaintiff.

                                        FIRST AFFIRMATIVE DEFENSE
               Defendant BRECKENRIDGE HOMEOWNERS’ ASSOCIATION, INC. is a
       homeowner’s association created and existing under F.S. 720 et al. Pursuant to 720 and the
       Declaration of Covenants and Restrictions Breckenridge Subdivision as recorded in the Public
       Records Book 0934, Page 2636, of Osceola County, Florida, its secured interest in the property is
       superior to all lien holders except for a purchase money mortgage. Plaintiff must establish it is the
       legal and equitable holder of a purchase money mortgage. Even then, Plaintiff is still liable to
       BRECKENRIDGE HOMEOWNERS’ ASSOCIATION, INC. for delinquent assessments as
       mandated by F.S. 720.

               WHEREFORE, BRECKENRIDGE HOMEOWNERS’ ASSOCIATION, INC. petitions
       this court to determine the priority of the obligations referred to in this proceeding and if the
       Plaintiff’s mortgage is determined to be superior to BRECKENRIDGE HOMEOWNERS
       ASSOCIATION, INC.’S interest and Plaintiff’s mortgage is foreclosed, and at the sale of the
       property if any monies exist after the payment of the Plaintiff’s claim, that any excess be paid to
       BRECKENRIDGE HOMEOWNERS ASSOCIATION, INC.

                                    CERTIFICATE OF SERVICE

                I HEREBY CERTIFY that a true and correct copy of the above was served to the Clerk of
the Court electronically and via e-mail to all other parties if designated email is known in compliance with
the new mandatory email service rule and by U.S. mail if no designated email of record provided this 4th
day of May 2023 on:

McCalla Raymer Leibert Pierce, LLC Attorney for Plaintiff
MRService@mccallaraymer.com




                                                     By:/s/ Solange M Switzer
                                                     Solange M Switzer, Esq.
                                                     Florida Bar No. 1015655
                                                     WONSETLER & WEBNER, P.A.
                                                     717 North Magnolia Avenue
                                                     Orlando, FL 32803
                                                     Primary E-Mail for service:
                                                     Pleadings@kwpalaw.com
                                                     Secondary E-Mail:
                                                     office@kwpalaw.com
                                                     (P) 407-770-0846 (F) 407-770-0843
                                                     Attorney for Defendant




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