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Filing # 67242905 E-Filed 01/30/2018 12:18:06 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA.
CASE NO.: CACE18001286
NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT
MORTGAGE SERVICING,
Plaintiff,
v.
IVANIR DA ROSA A/K/A IVANIR DAROSA A/K/A
IVANIR FERNANDES DA ROSA A/K/A IVANIR F,
DA ROSA; et al,
Defendant(s).
DEFENDANT'S, OAKLAND SHORES CONDOMINIUM #1, INC.,
ANSWER TO PLAINTIFF'S COMPLAINT
Defendant, OAKLAND SHORES CONDOMINIUM #1, INC. (hereinafter "Defendant"), by and
through undersigned counsel, files this Answer to Plaintiff's Complaint and, in support thereof, states
as follows:
1. Defendant is without knowledge as to the allegations contained in Paragraph one (1)
through eighteen (18) of the Plaintiff's Complaint and, therefore, denies same and demands strict
proof thereof.
WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's
Complaint, with prejudice, as to the Defendant, OAKLAND SHORES CONDOMINIUM #1, INC.
PETITION TO PARTICIPATE IN SURPLUS
The Defendant, Oakland Shores Condominium #1, Inc., shows the Court as follows:
lL. Petitioner is entitled, as a matter of law, to participate in the surplus of any proceeds
of any foreclosure sale ordered herein.
2. Petitioner is entitled to have a statement included in Plaintiff's judgment, if awarded
as follows:
a. Oakland Shores Condominium #1, Inc. is hereby authorized to participate in
any surplus of proceeds from the foreclosure sale set herein in whole or in part, up to the extent of
KAYE BENDER REMBAUM, P.L, + 1200 PARK CENTRAL BOULEVARD SOUTH + POMPANO BEACH, FLORIDA 33064
TELEPHONE (954) 928-0680
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/30/2018 12:18:06 PM.****the amount due and owing to it on its continuing lien together with costs, interest attorney's fees in
the amount as determined by the Court.
b. In the event other claimants are entitled to participate in surplus, the priorities
of all claimants will be determined by the Court on proper allocation.
c, The Clerk is directed not to disburse any monies received in surplus of
Plaintiff's judgment and Clerk's costs until further Order of this Court.
WHEREFORE, Oakland Shores Condominium #1, Inc., requests that the Court determine
the priority of the parties and that any final judgment of foreclosure entered herein contain a
provision whereby the Court reserves jurisdiction to permit this Defendant to further plead to
determine the priority of its claim as to any surplus which may remain after disbursement of the
proceeds of the sale to the Clerk and the Plaintiff.
The undersigned certifies that a true and correct copy of the foregoing was mailed by U.S.
mail to William Cobb, Esquire, Brock & Scott, PLLC, 1501 NW 49" Street, Suite 200, Fort
Lauderdale, Florida 33309; FLCourtDocs@brockandscott.com this 29 day of January, 2018.
KAYE BENDER REMBAUM, P.L.
1200 Park Central Boulevard South
Pompano Beach, Florida 33064
(954) 928-0680
Primary Email: Bankfilings@KBRLegal.com
By: =o
Deborah S ugarman, Esquire
Florida Bar Number: 0982172
KAYE BENDER REMBAUM, P.L. * 1200 PARK CENTRAL BOULEVARD SOUTH + POMPANO BEACH, FLORIDA 33064
TELEPHONE (954) 928-0680
2
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Filing # 67242905 E-Filed 01/30/2018 12:18:06 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO.: CACE18001286 NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, v. IVANIR DA ROSA A/K/A IVANIR DAROSA A/K/A IVANIR FERNANDES DA ROSA A/K/A IVANIR F, DA ROSA; et al, Defendant(s). DEFENDANT'S, OAKLAND SHORES CONDOMINIUM #1, INC., ANSWER TO PLAINTIFF'S COMPLAINT Defendant, OAKLAND SHORES CONDOMINIUM #1, INC. (hereinafter "Defendant"), by and through undersigned counsel, files this Answer to Plaintiff's Complaint and, in support thereof, states as follows: 1. Defendant is without knowledge as to the allegations contained in Paragraph one (1) through eighteen (18) of the Plaintiff's Complaint and, therefore, denies same and demands strict proof thereof. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss Plaintiff's Complaint, with prejudice, as to the Defendant, OAKLAND SHORES CONDOMINIUM #1, INC. PETITION TO PARTICIPATE IN SURPLUS The Defendant, Oakland Shores Condominium #1, Inc., shows the Court as follows: lL. Petitioner is entitled, as a matter of law, to participate in the surplus of any proceeds of any foreclosure sale ordered herein. 2. Petitioner is entitled to have a statement included in Plaintiff's judgment, if awarded as follows: a. Oakland Shores Condominium #1, Inc. is hereby authorized to participate in any surplus of proceeds from the foreclosure sale set herein in whole or in part, up to the extent of KAYE BENDER REMBAUM, P.L, + 1200 PARK CENTRAL BOULEVARD SOUTH + POMPANO BEACH, FLORIDA 33064 TELEPHONE (954) 928-0680 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/30/2018 12:18:06 PM.****the amount due and owing to it on its continuing lien together with costs, interest attorney's fees in the amount as determined by the Court. b. In the event other claimants are entitled to participate in surplus, the priorities of all claimants will be determined by the Court on proper allocation. c, The Clerk is directed not to disburse any monies received in surplus of Plaintiff's judgment and Clerk's costs until further Order of this Court. WHEREFORE, Oakland Shores Condominium #1, Inc., requests that the Court determine the priority of the parties and that any final judgment of foreclosure entered herein contain a provision whereby the Court reserves jurisdiction to permit this Defendant to further plead to determine the priority of its claim as to any surplus which may remain after disbursement of the proceeds of the sale to the Clerk and the Plaintiff. The undersigned certifies that a true and correct copy of the foregoing was mailed by U.S. mail to William Cobb, Esquire, Brock & Scott, PLLC, 1501 NW 49" Street, Suite 200, Fort Lauderdale, Florida 33309; FLCourtDocs@brockandscott.com this 29 day of January, 2018. KAYE BENDER REMBAUM, P.L. 1200 Park Central Boulevard South Pompano Beach, Florida 33064 (954) 928-0680 Primary Email: Bankfilings@KBRLegal.com By: =o Deborah S ugarman, Esquire Florida Bar Number: 0982172 KAYE BENDER REMBAUM, P.L. * 1200 PARK CENTRAL BOULEVARD SOUTH + POMPANO BEACH, FLORIDA 33064 TELEPHONE (954) 928-0680 2