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IN THE CIRCUIT COURT OF THE
1STHJUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA.
CIVIL DIVISION
CASE NO.: 50 2007CA024397XXXXMB AW
WASHINGTON MUTUAL BANK
Plaintiff,
vs.
JACK SCHOCOFF; BANK OF AMERICA, N.A.: et al,
Defendants.
ANSWER TO COMPLAINT
COMES NOW, Defendant, BANK OF AMERICA, N.A., as custodian or trastegy “through its
undersigned counsel, hereby files this its Answer to Plaintiff's Complaint, and in support ates as follows:
GENERAL ALLEGATIONS
1. Defendant, BANK OF AMERICA, N.A., is without knowledge as to General Allegations, paragraphs 1
through 11, same and demands strict proof thereof.
COUNTI
2. Defendant, BANK OF AMERICA, N.A., is without knowledge as to Count I, paragraphs 12 through 13
and paragraph 15, same and demands strict proof thereof.
3. Defendant admits paragraph 14 in Count I in that BANK OF AMERICA, N.A., has an interest by virtue
of its mortgage, but denies that its interest is inferior.
4. Defendant, BANK OF AMERICA, N.A., is without knowledge as to all allegations in Plaintiffs
Complaint and demands strict proof thereof.
COUNTII
5. Defendant is without knowledge as to the allegations contained in Count II, paragraph 16 through 20, and
demands strict proof thereof.
08-13436AFFIRMATIVE DEFENSES
6. Defendant, BANK OF AMERICA, N.A., holds a mortgage, which its interest is superior to all remaining
defendants and therefore is entitled to an award of all surpluses to satisfy its claim.
WHEREFORE, Defendant, BANK OF AMERICA, N.A. “as a junior lien holder”, respectfully requests
that this Honorable court reserve jurisdiction to determine the priority of the Defendant and award Defendant
excess proceeds, and for such other, further relief that this Court deems just and proper.
I HEREBY CERTIBY that a trye copy of the foregoing was delivered to the parties on the attached
mailing list by mail this day + MoD 2008.
Law Offices of Marshall C.Watson, P.A.
1800 N.W. 49™ Street, Suite 120
Fort Lauderdale, FL 33309
Telephone: (954) 453-0365
(800) 441-2438
Facsimile: (954) 771-6052
By: '
Amy Post_&q.
Bar Number: 0195456
Courtney Jared Bannan
FBN 703931
08-13436ANSWER TO COMPLAINT/CASE NO.: 50 2007CA024397XXXXMB AW
SERVICE LIST
LAW OFFICES OF MARSHALL C. WATSON, P.A
C/O AMY POST, ESQ.
ATTORNEY FOR DEFENDANT, BANK OF AMERICA, N.A.
1800 N.W 49" STREET
SUITE 120
FORT LAUDERDALE, FLORIDA 33309
SHAPIRO & FISHMAN, LLP
C/O COLLEEN M. COLTON, ESQ.
ATTORNEY FOR PLAINTIFF
10004 N. DALE MABRY HIGHWAY SUITE 112
TAMPA, FL 33618
JACK SCHOCOFF
138 LAKE CONSTANCE DRIVE
PALM BEACH GARDENS, FL 33411
08-13436
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IN THE CIRCUIT COURT OF THE 1STHJUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CIVIL DIVISION CASE NO.: 50 2007CA024397XXXXMB AW WASHINGTON MUTUAL BANK Plaintiff, vs. JACK SCHOCOFF; BANK OF AMERICA, N.A.: et al, Defendants. ANSWER TO COMPLAINT COMES NOW, Defendant, BANK OF AMERICA, N.A., as custodian or trastegy “through its undersigned counsel, hereby files this its Answer to Plaintiff's Complaint, and in support ates as follows: GENERAL ALLEGATIONS 1. Defendant, BANK OF AMERICA, N.A., is without knowledge as to General Allegations, paragraphs 1 through 11, same and demands strict proof thereof. COUNTI 2. Defendant, BANK OF AMERICA, N.A., is without knowledge as to Count I, paragraphs 12 through 13 and paragraph 15, same and demands strict proof thereof. 3. Defendant admits paragraph 14 in Count I in that BANK OF AMERICA, N.A., has an interest by virtue of its mortgage, but denies that its interest is inferior. 4. Defendant, BANK OF AMERICA, N.A., is without knowledge as to all allegations in Plaintiffs Complaint and demands strict proof thereof. COUNTII 5. Defendant is without knowledge as to the allegations contained in Count II, paragraph 16 through 20, and demands strict proof thereof. 08-13436AFFIRMATIVE DEFENSES 6. Defendant, BANK OF AMERICA, N.A., holds a mortgage, which its interest is superior to all remaining defendants and therefore is entitled to an award of all surpluses to satisfy its claim. WHEREFORE, Defendant, BANK OF AMERICA, N.A. “as a junior lien holder”, respectfully requests that this Honorable court reserve jurisdiction to determine the priority of the Defendant and award Defendant excess proceeds, and for such other, further relief that this Court deems just and proper. I HEREBY CERTIBY that a trye copy of the foregoing was delivered to the parties on the attached mailing list by mail this day + MoD 2008. Law Offices of Marshall C.Watson, P.A. 1800 N.W. 49™ Street, Suite 120 Fort Lauderdale, FL 33309 Telephone: (954) 453-0365 (800) 441-2438 Facsimile: (954) 771-6052 By: ' Amy Post_&q. Bar Number: 0195456 Courtney Jared Bannan FBN 703931 08-13436ANSWER TO COMPLAINT/CASE NO.: 50 2007CA024397XXXXMB AW SERVICE LIST LAW OFFICES OF MARSHALL C. WATSON, P.A C/O AMY POST, ESQ. ATTORNEY FOR DEFENDANT, BANK OF AMERICA, N.A. 1800 N.W 49" STREET SUITE 120 FORT LAUDERDALE, FLORIDA 33309 SHAPIRO & FISHMAN, LLP C/O COLLEEN M. COLTON, ESQ. ATTORNEY FOR PLAINTIFF 10004 N. DALE MABRY HIGHWAY SUITE 112 TAMPA, FL 33618 JACK SCHOCOFF 138 LAKE CONSTANCE DRIVE PALM BEACH GARDENS, FL 33411 08-13436