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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 502008CA002855XXXXMBAW
WELLS FARGO BANK NATIONAL ASSOCIATION
Plaintiff,
Vv. see,
y
STEPHEN Z. REED, ET AL ~e
‘om
Defendant(s). >
!
;
z=
oD Es :
DEFENDANT THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATIONSINC.'S _
ANSWER TO PLAINTIFF'S COMPLAINT ~~
Defendant, THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATION, INC., by
and through undersigned counsel, files this Answer to Plaintiff's Complaint and, in support
therefor, states as follows:
1. Defendants without knowledge as to the allegations contained in paragraphs
4 through 20 of Plaintiffs Complaint and, therefore, denies same and demands strict proof
thereof.
2. As to the allegations contained in paragraph 21 of the Plaintiffs Complaint,
Defendant admits that it has an interest in the property pursuant to its recorded Declaration of
Covenants and Restrictions and the Amendments thereto and its lien rights, and its Claim of
Lien recorded on September 21, 2007 in Official Records Book 22126 at Page 1892, of the
Public Records of Palm Beach County, Florida. Defendant denies all other allegations
contained in Paragraph 21 of Plaintiffs Complaint and demands strict proof thereof.
3. All other allegations not admitted are denied.
AFFIRMATIVE DEFENSES
4. Defendant has legal and equitable right, interest and claim in the property which
is the subject of this cause of action or the proceeds from the property including excess
proceeds from a Clerk's sale, by virtue of the covenants and restrictions, its lien and its claim
RANDALL K. ROGER & ASSOCIATES, P.A + 621 NW 53RD STREET + SUITE 300, BOCA RATON, FLORIDA 33487
TELEPHONE (561) 988-5598of lien recorded on September 21, 2007, in Official Records Book 22126 at Page 1892 of the
Public Records of Palm Beach County.
5. Any purchaser of the subject property is responsible for assessments due to
Defendant as set forth in the Declaration of covenants and restrictions and/or Florida Statutes.
WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's
Complaint, with prejudice, as to Defendant; or in the alternative to determine the rights and
Priorities of the parties and if a judgment for foreclosure is entered, a Clerk's sale occurs, and
there are excess proceeds remaining after the satisfaction of the judgment, then Defendant,
requests that the excess proceeds be disbursed to THE VILLAGE AT ABACOA
CONDOMINIUM ASSOCIATION, INC.
The undersigned certifies that a true and correct copy of the foregoing was mailed to
Stephen Z. Reed, Esq., Law Offices of Marshall C. Watson, P.A., 1800 N.W. 49" Street, Ste.
120, Fort Lauderdale, FL 33309, by U.S. mail this Sau, day of February, 2008.
RANDALL K. ROGER & ASSOCIATES, P.A.
One Park Place, Suite 300
621 NW 53rd Street
Boca Raton, Florida 33487
(561) 988-5598 =
Se ee
DREW MELVILLE, Esa.
FLORIDA BAR No. 34986
RANDALL K. ROGER & ASSOCIATES, P.A + 621 NW 53RD STREET + SUITE 300, BOCA RATON, FLORIDA 33487
TELEPHONE (561) 988-5598
2
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502008CA002855XXXXMBAW WELLS FARGO BANK NATIONAL ASSOCIATION Plaintiff, Vv. see, y STEPHEN Z. REED, ET AL ~e ‘om Defendant(s). > ! ; z= oD Es : DEFENDANT THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATIONSINC.'S _ ANSWER TO PLAINTIFF'S COMPLAINT ~~ Defendant, THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATION, INC., by and through undersigned counsel, files this Answer to Plaintiff's Complaint and, in support therefor, states as follows: 1. Defendants without knowledge as to the allegations contained in paragraphs 4 through 20 of Plaintiffs Complaint and, therefore, denies same and demands strict proof thereof. 2. As to the allegations contained in paragraph 21 of the Plaintiffs Complaint, Defendant admits that it has an interest in the property pursuant to its recorded Declaration of Covenants and Restrictions and the Amendments thereto and its lien rights, and its Claim of Lien recorded on September 21, 2007 in Official Records Book 22126 at Page 1892, of the Public Records of Palm Beach County, Florida. Defendant denies all other allegations contained in Paragraph 21 of Plaintiffs Complaint and demands strict proof thereof. 3. All other allegations not admitted are denied. AFFIRMATIVE DEFENSES 4. Defendant has legal and equitable right, interest and claim in the property which is the subject of this cause of action or the proceeds from the property including excess proceeds from a Clerk's sale, by virtue of the covenants and restrictions, its lien and its claim RANDALL K. ROGER & ASSOCIATES, P.A + 621 NW 53RD STREET + SUITE 300, BOCA RATON, FLORIDA 33487 TELEPHONE (561) 988-5598of lien recorded on September 21, 2007, in Official Records Book 22126 at Page 1892 of the Public Records of Palm Beach County. 5. Any purchaser of the subject property is responsible for assessments due to Defendant as set forth in the Declaration of covenants and restrictions and/or Florida Statutes. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, as to Defendant; or in the alternative to determine the rights and Priorities of the parties and if a judgment for foreclosure is entered, a Clerk's sale occurs, and there are excess proceeds remaining after the satisfaction of the judgment, then Defendant, requests that the excess proceeds be disbursed to THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATION, INC. The undersigned certifies that a true and correct copy of the foregoing was mailed to Stephen Z. Reed, Esq., Law Offices of Marshall C. Watson, P.A., 1800 N.W. 49" Street, Ste. 120, Fort Lauderdale, FL 33309, by U.S. mail this Sau, day of February, 2008. RANDALL K. ROGER & ASSOCIATES, P.A. One Park Place, Suite 300 621 NW 53rd Street Boca Raton, Florida 33487 (561) 988-5598 = Se ee DREW MELVILLE, Esa. FLORIDA BAR No. 34986 RANDALL K. ROGER & ASSOCIATES, P.A + 621 NW 53RD STREET + SUITE 300, BOCA RATON, FLORIDA 33487 TELEPHONE (561) 988-5598 2