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Filing # 67981417 E-Filed 02/14/2018 04:37:46 PM
IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
NEW PENN FINANCIAL, LLC,
GENERAL JURISDICTION DIVISION
Plaintiff,
vs. CASE NO.: CACE18001308
MARLA CUMMINGS, et al.,
Defendants.
ANSWER AND AFFIRMATIVE DEFENSES
COMES NOW, Defendant Tamarac Lakes North Association, Inc., by and through its
undersigned counsel, and answers the Plaintiffs Complaint and alleges:
1 Defendant is without knowledge as to the allegations contained in Count I, paragraphs 1,
2, 3, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, and 23, and therefore denies same and
demands strict proof thereof.
2. Defendant admits the allegations of paragraph 17 of the Complaint only to the extent that
it claims an interest in the subject property and denies the remainder of the allegations.
3. As to all other allegations of the Complaint not specifically admitted by Defendant,
Defendant denies such allegations and demands strict proof thereof.
4. An affirmative request for equitable relief from this Court, Defendant asserts that, to the
extent that its interest is foreclosed and in the event a judicial sale of the subject real property results in a
surplus of funds after satisfying Plaintiff's judgment, such surplus must be applied towards Defendant's
claim for unpaid maintenance fees and assessments to the extent that such surpluses exist.
AFFIRMATIVE DEFENSES
5. Pursuant to Fla.Stat. §720.3085, Plaintiff is liable to Defendant Tamarac Lakes
North Association, Inc., for payment of the lesser of (a) one year of unpaid maintenance fees and
assessments or (b) 1% of the original mortgage debt. Such liability of Plaintiff represents a
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/14/2018 4:37:45 PM.****portion of the sums due on account of the subject real property for its prorata share of common
expenses which accrue prior to the issuance of a Certificate of Title, if Plaintiff acquires title to
the subject real property as a result of the foreclosure of its mortgage, subject of this action.
WHEREFORE, Defendant prays this Court take jurisdiction of the cause, adjudicate the nature
and priority of the claims herein, enter judgment accordingly enter an Order that the excess funds be
deposited in the Registry of the Court and that the Court then conduct an evidentiary hearing in order to
determine the priority of the claimants to said funds and that the Court enter an order distributing the
same to Defendant Tamarac Lakes North Association, Inc. and further relief as appropriate and as stated
above.
CERTIFICATE OF SERVICE
L certify that a copy hereof has been furnished to Kelley Kronenberg, 8201 Peters Road, Ste. 4000,
Fort Lauderdale, FL 33324, ftlrealprop@kelleykronenberg.com and rsanders: @kelleykronenberg.com, by
E-mail on the iY day of February 2018.
STRALEY & OTTO, P.A.
Attorneys for Defendant
2699 Stirling Road, Suite C207
Ft. Lauderdale, Florida 33312
Telephone: (954) 962-7367
By:
TIMOTHY M. MCFARLAND, ESQ.
Fla, Bar No. 93789
attomey@straleyottopa.com
straleyottopa.com
teicero@straleyottopa.com
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Filing # 67981417 E-Filed 02/14/2018 04:37:46 PM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA NEW PENN FINANCIAL, LLC, GENERAL JURISDICTION DIVISION Plaintiff, vs. CASE NO.: CACE18001308 MARLA CUMMINGS, et al., Defendants. ANSWER AND AFFIRMATIVE DEFENSES COMES NOW, Defendant Tamarac Lakes North Association, Inc., by and through its undersigned counsel, and answers the Plaintiffs Complaint and alleges: 1 Defendant is without knowledge as to the allegations contained in Count I, paragraphs 1, 2, 3, 4, 5, 6, 7, 8,9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, and 23, and therefore denies same and demands strict proof thereof. 2. Defendant admits the allegations of paragraph 17 of the Complaint only to the extent that it claims an interest in the subject property and denies the remainder of the allegations. 3. As to all other allegations of the Complaint not specifically admitted by Defendant, Defendant denies such allegations and demands strict proof thereof. 4. An affirmative request for equitable relief from this Court, Defendant asserts that, to the extent that its interest is foreclosed and in the event a judicial sale of the subject real property results in a surplus of funds after satisfying Plaintiff's judgment, such surplus must be applied towards Defendant's claim for unpaid maintenance fees and assessments to the extent that such surpluses exist. AFFIRMATIVE DEFENSES 5. Pursuant to Fla.Stat. §720.3085, Plaintiff is liable to Defendant Tamarac Lakes North Association, Inc., for payment of the lesser of (a) one year of unpaid maintenance fees and assessments or (b) 1% of the original mortgage debt. Such liability of Plaintiff represents a *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/14/2018 4:37:45 PM.****portion of the sums due on account of the subject real property for its prorata share of common expenses which accrue prior to the issuance of a Certificate of Title, if Plaintiff acquires title to the subject real property as a result of the foreclosure of its mortgage, subject of this action. WHEREFORE, Defendant prays this Court take jurisdiction of the cause, adjudicate the nature and priority of the claims herein, enter judgment accordingly enter an Order that the excess funds be deposited in the Registry of the Court and that the Court then conduct an evidentiary hearing in order to determine the priority of the claimants to said funds and that the Court enter an order distributing the same to Defendant Tamarac Lakes North Association, Inc. and further relief as appropriate and as stated above. CERTIFICATE OF SERVICE L certify that a copy hereof has been furnished to Kelley Kronenberg, 8201 Peters Road, Ste. 4000, Fort Lauderdale, FL 33324, ftlrealprop@kelleykronenberg.com and rsanders: @kelleykronenberg.com, by E-mail on the iY day of February 2018. STRALEY & OTTO, P.A. Attorneys for Defendant 2699 Stirling Road, Suite C207 Ft. Lauderdale, Florida 33312 Telephone: (954) 962-7367 By: TIMOTHY M. MCFARLAND, ESQ. Fla, Bar No. 93789 attomey@straleyottopa.com straleyottopa.com teicero@straleyottopa.com