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Filing # 31801778 E-Filed 09/08/2015 03:31:35 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
PINGORA LOAN SERVICING, LLC, CASE NO: CACE15013573
Plaintiff(s),
Vv.
FREDERICK E RACKIN; GLADYS M RACKIN, et al,
Defendant(s).
/
ANSWER AND AFFIRMATIVE DEFENSES OF MAINLANDS OF TAMARAC
SECTION EIGHT ASSOCIATION, INC.
Defendant MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION,
INC. (hereinafter "Defendant Association"), by and through the undersigned counsel, files
herewith its Answer and Affirmative Defenses to Plaintiff's Complaint as follows:
COUNT I
1 Defendant Association admits the allegations set forth in numbered paragraphs | and 2
of the Complaint for jurisdictional purposes only.
2. Defendant Association is without knowledge and therefore denies the allegations set
forth in numbered paragraphs 3 through 16 of the Complaint.
3. Defendant Association admits the allegation set forth in numbered paragraph 17 of the
Complaint. However, Defendant Association denies that its interest in the property is
inferior to the interest of Plaintiff.
AFEIRMATIVE DEFENSES
1. The Association’s lien survives the foreclosure action under Section §720.3085, Florida
Statutes.
MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC. : 6717-19142,
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/8/2015 3:31:35 PM.****2. Pursuant to Section §720.3085(2)(b), Florida Statutes, if someone other than the first
mortgagee, or its successor or its assignee, purchases the property at the sale, that
purchaser is liable for all of the unpaid common expenses in addition to interest, late
charges (if applicable), costs and attorney's fees due to Defendant Association
chargeable to the unit.
3. Unless and until the Plaintiff proves its qualification for the narrow liability exception of
Section §720.3085(2)(c), Florida Statutes, should the Plaintiff purchase the subject
property at the foreclosure sale, it is liable for all sums owed pursuant to Section
§720.3085(2)(b), Florida Statutes.
4, If Federal National Mortgage Association is issued a Certificate of Title after the
foreclosure sale relating to this action, it is subject to the requirements of Section
§720.3085(2)(b).
5. If the Plaintiff is the servicer, it does not qualify for the narrow liability exception in
Section §720.3085(2)(c).
6. The Plaintiff is not a holder for purposes of Sections §720.3085(2)(c).
The Plaintiff tacks standing to bring this cause of action as it is not the holder of the note
and mortgage nor is it an entity entitled to enforce under Section §673.3011, Florida
Statutes.
8. The Plaintiff cannot be a holder if it does not have physical possession of the original
note and mortgage.
WHEREFORE, Defendant Association respectfully requests this Honorable Court to:
a. Adjudicate and determine the priority of the lien owned by Defendant Association
relative to all named Defendants in and to the real property involved; and to provide for
the protection and payment of such liens, and to disburse to Defendant Association the
proceeds to which it is entitled by virtue of its lien;
-MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC, : 6717-19142b. In the event any party establishes an interest superior to the interest of Defendant
Association, and a surplus results from any sale of the subject property, that a
disbursement be made to Defendant Association toward satisfaction of the debts owed
it; and
c No distribution be made of such surplus, if any, without proper notice to Defendant
Association.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished via e-mail to
David H. Morales, Esq. (service@millenniumpartners.net
and david.morales@millenniumpartners.net), Millennium Partners, 21500 Biscayne Blvd., Suite
600, Aventura, FL, 33180 on this 4 day of _<¢0100A2015.
y { pp
ata Ff (een
Bruce M. Rodgers, Esq.
Florida Bar: No. 908215
Primary Email: Service@BLawGroup.com
Sarah Foster Albani, Esq.
Florida Bar: No. 106357
Primary Email: SAlbani@BLawGroup.com
Secondary Email:Service@BLawGroup.com
Business Law Group, P.A.
301 W, Platt St. #375
Tampa, FL 33606
Phone: (813) 379-3804
Attorney for: MAINLANDS OF TAMARAC SECTION
EIGHT ASSOCIATION, INC.
MAINLANDS OF TAMARAC SECTION BIGHT ASSOCIATION, INC. : 6717-19142
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Filing # 31801778 E-Filed 09/08/2015 03:31:35 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA PINGORA LOAN SERVICING, LLC, CASE NO: CACE15013573 Plaintiff(s), Vv. FREDERICK E RACKIN; GLADYS M RACKIN, et al, Defendant(s). / ANSWER AND AFFIRMATIVE DEFENSES OF MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC. Defendant MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC. (hereinafter "Defendant Association"), by and through the undersigned counsel, files herewith its Answer and Affirmative Defenses to Plaintiff's Complaint as follows: COUNT I 1 Defendant Association admits the allegations set forth in numbered paragraphs | and 2 of the Complaint for jurisdictional purposes only. 2. Defendant Association is without knowledge and therefore denies the allegations set forth in numbered paragraphs 3 through 16 of the Complaint. 3. Defendant Association admits the allegation set forth in numbered paragraph 17 of the Complaint. However, Defendant Association denies that its interest in the property is inferior to the interest of Plaintiff. AFEIRMATIVE DEFENSES 1. The Association’s lien survives the foreclosure action under Section §720.3085, Florida Statutes. MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC. : 6717-19142, *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 9/8/2015 3:31:35 PM.****2. Pursuant to Section §720.3085(2)(b), Florida Statutes, if someone other than the first mortgagee, or its successor or its assignee, purchases the property at the sale, that purchaser is liable for all of the unpaid common expenses in addition to interest, late charges (if applicable), costs and attorney's fees due to Defendant Association chargeable to the unit. 3. Unless and until the Plaintiff proves its qualification for the narrow liability exception of Section §720.3085(2)(c), Florida Statutes, should the Plaintiff purchase the subject property at the foreclosure sale, it is liable for all sums owed pursuant to Section §720.3085(2)(b), Florida Statutes. 4, If Federal National Mortgage Association is issued a Certificate of Title after the foreclosure sale relating to this action, it is subject to the requirements of Section §720.3085(2)(b). 5. If the Plaintiff is the servicer, it does not qualify for the narrow liability exception in Section §720.3085(2)(c). 6. The Plaintiff is not a holder for purposes of Sections §720.3085(2)(c). The Plaintiff tacks standing to bring this cause of action as it is not the holder of the note and mortgage nor is it an entity entitled to enforce under Section §673.3011, Florida Statutes. 8. The Plaintiff cannot be a holder if it does not have physical possession of the original note and mortgage. WHEREFORE, Defendant Association respectfully requests this Honorable Court to: a. Adjudicate and determine the priority of the lien owned by Defendant Association relative to all named Defendants in and to the real property involved; and to provide for the protection and payment of such liens, and to disburse to Defendant Association the proceeds to which it is entitled by virtue of its lien; -MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC, : 6717-19142b. In the event any party establishes an interest superior to the interest of Defendant Association, and a surplus results from any sale of the subject property, that a disbursement be made to Defendant Association toward satisfaction of the debts owed it; and c No distribution be made of such surplus, if any, without proper notice to Defendant Association. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished via e-mail to David H. Morales, Esq. (service@millenniumpartners.net and david.morales@millenniumpartners.net), Millennium Partners, 21500 Biscayne Blvd., Suite 600, Aventura, FL, 33180 on this 4 day of _<¢0100A2015. y { pp ata Ff (een Bruce M. Rodgers, Esq. Florida Bar: No. 908215 Primary Email: Service@BLawGroup.com Sarah Foster Albani, Esq. Florida Bar: No. 106357 Primary Email: SAlbani@BLawGroup.com Secondary Email:Service@BLawGroup.com Business Law Group, P.A. 301 W, Platt St. #375 Tampa, FL 33606 Phone: (813) 379-3804 Attorney for: MAINLANDS OF TAMARAC SECTION EIGHT ASSOCIATION, INC. MAINLANDS OF TAMARAC SECTION BIGHT ASSOCIATION, INC. : 6717-19142