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0E033 - F58
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
IN TRE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO
CEVEL DIVISION
istiana Trust, a Division of }
& und Society, 2 Case No. [SOVOGOTL?
s Trustee
PSB, s or Normandy Morigage
Loan Trust, Series 2013-13 ‘ Judge Jeflrey M. Brown
Plaintiff,
ve
Lawrence Howie, ef af.
Defendants, 3
i. Dei
ant GHA is a homeowners’ association and non-profit corporation
organized under the laws of the State of Ohio.
2. Defer
ant BOUA is without knowledge or information to form a belief as to the
raph 13 of the Complaint, and therefore
ai BCA admits paragraph 12 of the Complaini to the extent that it is a
homeowners’ ass
jation and has an interest in the subject property in the form of Hens
recorded with the nklin County Recorder as Instrument No. 2009050100626
and
Instrument No. 201004280051003. A copy of said Hens are attached hereto as Exhibit 1 and
Oxbibit 2, respectivFrankli i . 40 PM-
0f033 - Fe gan lin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
4, Each and every allegation contained within the Complaint and not admitied,
qualified or explained is specifically dented.
SECONBE
3. Plaintiff lacks standing.
6.
P Plaintiff lacks capacity.
FIFTH DEF
8. Plaintiff fails to state a claim upon which relief can be gra
9. Plaingi?’s claims are barred by the terms, cond:
the subject loan contract.
10. Plaintiff's claims are barred by the applicable statute of limitations and/or the
doctrines of waiver, laches, estoppel and ratification.
EIGHTH DEFENSE
ji. Defendant reserves the right to assert additional affirmative defenses io the
extent that a basis for them is discovered.
NINTH DEF!
12, Defendant reserves the right io assert counterclaims and third-party claims to the
extent that a basis for them is discovered.
‘HH DEFEN
noF . . . . |.
0E033 - regankiin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
13. Plaintiffs claims are legally subordinate, and/or subject to equitable
her Defendants in the above-referenced
subordination to the claims of this Defendant and
matter of |Higation.
WHEREFORE, Defendant BOHA respectfa s the Lens attached hereio as
Exhibit | and Exhibit 2 be declared good and valid liens on the real property described therein,
that the Hens be foreclosed and all equities of redemption be cut off forever, that the priority of
abit 2
all liens be determined by the Court, that the real property described in Exhibit } ar
be sold upon execution free and clear of all Hons, interest and dower, and that procesds thereof
be applied to BGHA’s claim as set forth in this Answer in order of its priority.
Respectfully submitted,
Patrick M.
Email: pmq@brunnerlaw.com
« L. Brummer (GG12998)
brumnerlaw.com
reet, Suite 200
fumbus, Qhie 43215
Telephone: (614) 241-3550
Faesimile: (614) 241-5551
Altorneys for Defendant Bixby ©
Homeowners’ Association, inc.
weFrankli i - : -
0E033 - reg" lin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a imue and accurate
of the foregoing
document was served by ECF filing this 26° day of February, 2018 upon the followir
Brian S. Duly
Shapiro, Van Ess, Phillips & Barragate, LLP
4805 Montgomery Road, Suite 320
Norwood, Ghic 45212
(D081Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
0E033 - F62
EXHIBIT I. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
0E033 - F63
STATE OF GHEG
COUNTY OF FRANKLIN, «st
RIXRY GROVE HOMEOWNERS ASSOCIATION,
Soe e
Drive, Hilliard, Chis 43026,
the said Lived Restriction
Soot
: A944 rows Park
ees
{i} Robin Howie and Lawrense Howte ord owners af
City of Co!
NOW, THE! ARKBY GROVE HOM!
amount of B386.9 4 together with intey
Sworn te before me and eas
pe
ST WHLLEA!
Cotismbus, Ob}
4684) 228-0207Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
0E033 - F64
BIT 2STATE OF OM1O
COUNTY GF FRANKLIN, ss:
BIXBY GROVE HOMEOWNERS ASSOCIA! TION, INC., an Association eveated tinder Deed
Resirictions, by Se OS » e/a SBS Manageme,
39741 Bourn Bark Drive, Hilliard, Ohid 48026, salhorlzed inthe provsises,
{iven by its Board of Trustees, and the said Deed Restrictions and Bylaws, s
(1) Robin Hawie and Lawrence Howie are the record owners of
promises:
Q
fevied purse:Fi i i - Y -
0F033 - re gankiin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717
BIXBY GROVE Hi 4 Fas ASSOCIATION, INC.
Sworr:
2016,
‘This instrument prepared by"
WILLIAMS & STROHM, LLC
‘Pwo Miranova Place, Suite 380.
Columbus, Ohio 43215-7047
(684) 228-0207
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0E033 - F58 Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 IN TRE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO CEVEL DIVISION istiana Trust, a Division of } & und Society, 2 Case No. [SOVOGOTL? s Trustee PSB, s or Normandy Morigage Loan Trust, Series 2013-13 ‘ Judge Jeflrey M. Brown Plaintiff, ve Lawrence Howie, ef af. Defendants, 3 i. Dei ant GHA is a homeowners’ association and non-profit corporation organized under the laws of the State of Ohio. 2. Defer ant BOUA is without knowledge or information to form a belief as to the raph 13 of the Complaint, and therefore ai BCA admits paragraph 12 of the Complaini to the extent that it is a homeowners’ ass jation and has an interest in the subject property in the form of Hens recorded with the nklin County Recorder as Instrument No. 2009050100626 and Instrument No. 201004280051003. A copy of said Hens are attached hereto as Exhibit 1 and Oxbibit 2, respectivFrankli i . 40 PM- 0f033 - Fe gan lin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 4, Each and every allegation contained within the Complaint and not admitied, qualified or explained is specifically dented. SECONBE 3. Plaintiff lacks standing. 6. P Plaintiff lacks capacity. FIFTH DEF 8. Plaintiff fails to state a claim upon which relief can be gra 9. Plaingi?’s claims are barred by the terms, cond: the subject loan contract. 10. Plaintiff's claims are barred by the applicable statute of limitations and/or the doctrines of waiver, laches, estoppel and ratification. EIGHTH DEFENSE ji. Defendant reserves the right to assert additional affirmative defenses io the extent that a basis for them is discovered. NINTH DEF! 12, Defendant reserves the right io assert counterclaims and third-party claims to the extent that a basis for them is discovered. ‘HH DEFEN noF . . . . |. 0E033 - regankiin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 13. Plaintiffs claims are legally subordinate, and/or subject to equitable her Defendants in the above-referenced subordination to the claims of this Defendant and matter of |Higation. WHEREFORE, Defendant BOHA respectfa s the Lens attached hereio as Exhibit | and Exhibit 2 be declared good and valid liens on the real property described therein, that the Hens be foreclosed and all equities of redemption be cut off forever, that the priority of abit 2 all liens be determined by the Court, that the real property described in Exhibit } ar be sold upon execution free and clear of all Hons, interest and dower, and that procesds thereof be applied to BGHA’s claim as set forth in this Answer in order of its priority. Respectfully submitted, Patrick M. Email: pmq@brunnerlaw.com « L. Brummer (GG12998) brumnerlaw.com reet, Suite 200 fumbus, Qhie 43215 Telephone: (614) 241-3550 Faesimile: (614) 241-5551 Altorneys for Defendant Bixby © Homeowners’ Association, inc. weFrankli i - : - 0E033 - reg" lin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 CERTIFICATE OF SERVICE The undersigned hereby certifies that a imue and accurate of the foregoing document was served by ECF filing this 26° day of February, 2018 upon the followir Brian S. Duly Shapiro, Van Ess, Phillips & Barragate, LLP 4805 Montgomery Road, Suite 320 Norwood, Ghic 45212 (D081Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 0E033 - F62 EXHIBIT I. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 0E033 - F63 STATE OF GHEG COUNTY OF FRANKLIN, «st RIXRY GROVE HOMEOWNERS ASSOCIATION, Soe e Drive, Hilliard, Chis 43026, the said Lived Restriction Soot : A944 rows Park ees {i} Robin Howie and Lawrense Howte ord owners af City of Co! NOW, THE! ARKBY GROVE HOM! amount of B386.9 4 together with intey Sworn te before me and eas pe ST WHLLEA! Cotismbus, Ob} 4684) 228-0207Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 0E033 - F64 BIT 2STATE OF OM1O COUNTY GF FRANKLIN, ss: BIXBY GROVE HOMEOWNERS ASSOCIA! TION, INC., an Association eveated tinder Deed Resirictions, by Se OS » e/a SBS Manageme, 39741 Bourn Bark Drive, Hilliard, Ohid 48026, salhorlzed inthe provsises, {iven by its Board of Trustees, and the said Deed Restrictions and Bylaws, s (1) Robin Hawie and Lawrence Howie are the record owners of promises: Q fevied purse:Fi i i - Y - 0F033 - re gankiin County Ohio Clerk of Courts of the Common Pleas- 2018 Feb 26 1:40 PM-18CV000717 BIXBY GROVE Hi 4 Fas ASSOCIATION, INC. Sworr: 2016, ‘This instrument prepared by" WILLIAMS & STROHM, LLC ‘Pwo Miranova Place, Suite 380. Columbus, Ohio 43215-7047 (684) 228-0207