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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT,
IN AND FOR LAKE COUNTY, FLORIDA
CASE NO.: 2012-CA-4068
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOMEBANC MORTGAGE TRUST
2005-1 MORTGAGE BACKED NOTES, SERIES 2005-1,
Plaintiff,
vs.
JOSHUA WASDEN; SHARON WASDEN, et. al.,
Defendants. /
ANSWER
COMES NOW, the Defendant, MONTCLAIR HOMEOWNERS ASSOCIATION, INC., (hereinafter
“Association”) by and through its undersigned counsel, and files this, its Answer to the Mortgage Foreclosure
Complaint, and states as follows:
1. Association is without knowledge, and therefore denies, the allegations contained in paragraphs
1, 2,3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the Complaint.
2. As to paragraphs 13 and 14 of the Complaint, Association admits that it has a lien right and
claim in the subject property by virtue of unpaid assessments, but denies all other allegations
contained in said paragraphs.
*** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK 12/19/2012 10:33:30 AM.***
WHEREFORE, Defendant prays that, if this Court enters a Final Judgment in this action, or orders that
the property be sold to satisfy any Judgment, any proceeds from such a sale be disbursed to Defendant,
MONTCLAIR HOMEOWNERS ASSOCIATION, INC., according to its priority.
AFFIRMATIVE DEFENSES
1. In the event Plaintiff does conclusively establish that it was the first mortgagee at the time of filing the
Complaint and acquires title to the subject property by foreclosure or deed in lieu of foreclosure, then and only
then, in accordance with the provision of Section 720.3085, Fla. Stat.. can the Plaintiff, or its successor or
assigns, limit its liability to the Defendant Association for the unpaid assessments that come due prior to its
acquisition of title in an amount equal to the lesser of twelve months of assessments or 1% of the original
mortgage debt, plus all interest, administrative fees, late fees, late charges, costs and attorney fees that accrue up
to and subsequent to the issuance of the Certificate of Title until the time of payment. In the event the subject
mortgage was executed between July 1, 2007 and June 30, 2008, Plaintiff is jointly and severally liable with the
previous parcel owner for all unpaid assessments that came due up to the time of transfer of title.
2. In event the property is transferred either by foreclosure or deed in lieu of foreclosure, to any party other
than the first mortgagee or its successor or assigns as a subsequent holder of the first mortgage, this subsequent
third party title holder shall be jointly and severally liable with the previous owners for all unpaid assessments,
plus all interest, administrative fees, iate charges, costs and attorneys’ fees that accrue up to and subsequent to
the time of the issuance of the Certificate of Title until the time of payment.3. Defendant Association has agreed to pay undersigned counsel a fee for legal services and in accordance
with the provision of Section 720.3085, Fla. Stat., the Association's governing documents and Florida law, the
Association is entitled and reserves its right to recover its costs and reasonable attorneys’ fees incurred in the
collection of assessments, costs, administrative fees, late fees, and interest from the party that acquires title
either by foreclosure or deed in lieu of foreclosure.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of Court by using the ECF
system which will send a notice of electronic filing to Greenspoon Marder, P.A\, Trade Centre South, Suite 700,
100 West Cypress Creek Road, Fort Lauderdale, FL 33309, this I } day off, ! \2n— 0. Be A +2012.
?
By: Cn
JASON A. MARTELL, ESQ.
Florida Bar No. 0059267
_-~ CHARLES L. ELDREDGE JR., ESQ.
Florida Bar No. 0076474
LARSEN & ASSOCIATES, P.L.
300 South Orange Ave., Suite.1200
Orlando, Florida 32801
Phone: (407) 841-6555
Email: pleadings@larsenandassociates.com
Attorneys for Montclair Homeowners Association, Inc.
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IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA CASE NO.: 2012-CA-4068 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOMEBANC MORTGAGE TRUST 2005-1 MORTGAGE BACKED NOTES, SERIES 2005-1, Plaintiff, vs. JOSHUA WASDEN; SHARON WASDEN, et. al., Defendants. / ANSWER COMES NOW, the Defendant, MONTCLAIR HOMEOWNERS ASSOCIATION, INC., (hereinafter “Association”) by and through its undersigned counsel, and files this, its Answer to the Mortgage Foreclosure Complaint, and states as follows: 1. Association is without knowledge, and therefore denies, the allegations contained in paragraphs 1, 2,3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of the Complaint. 2. As to paragraphs 13 and 14 of the Complaint, Association admits that it has a lien right and claim in the subject property by virtue of unpaid assessments, but denies all other allegations contained in said paragraphs. *** FILED: LAKE COUNTY, FL NEIL KELLY, CLERK 12/19/2012 10:33:30 AM.*** WHEREFORE, Defendant prays that, if this Court enters a Final Judgment in this action, or orders that the property be sold to satisfy any Judgment, any proceeds from such a sale be disbursed to Defendant, MONTCLAIR HOMEOWNERS ASSOCIATION, INC., according to its priority. AFFIRMATIVE DEFENSES 1. In the event Plaintiff does conclusively establish that it was the first mortgagee at the time of filing the Complaint and acquires title to the subject property by foreclosure or deed in lieu of foreclosure, then and only then, in accordance with the provision of Section 720.3085, Fla. Stat.. can the Plaintiff, or its successor or assigns, limit its liability to the Defendant Association for the unpaid assessments that come due prior to its acquisition of title in an amount equal to the lesser of twelve months of assessments or 1% of the original mortgage debt, plus all interest, administrative fees, late fees, late charges, costs and attorney fees that accrue up to and subsequent to the issuance of the Certificate of Title until the time of payment. In the event the subject mortgage was executed between July 1, 2007 and June 30, 2008, Plaintiff is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. 2. In event the property is transferred either by foreclosure or deed in lieu of foreclosure, to any party other than the first mortgagee or its successor or assigns as a subsequent holder of the first mortgage, this subsequent third party title holder shall be jointly and severally liable with the previous owners for all unpaid assessments, plus all interest, administrative fees, iate charges, costs and attorneys’ fees that accrue up to and subsequent to the time of the issuance of the Certificate of Title until the time of payment.3. Defendant Association has agreed to pay undersigned counsel a fee for legal services and in accordance with the provision of Section 720.3085, Fla. Stat., the Association's governing documents and Florida law, the Association is entitled and reserves its right to recover its costs and reasonable attorneys’ fees incurred in the collection of assessments, costs, administrative fees, late fees, and interest from the party that acquires title either by foreclosure or deed in lieu of foreclosure. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of Court by using the ECF system which will send a notice of electronic filing to Greenspoon Marder, P.A\, Trade Centre South, Suite 700, 100 West Cypress Creek Road, Fort Lauderdale, FL 33309, this I } day off, ! \2n— 0. Be A +2012. ? By: Cn JASON A. MARTELL, ESQ. Florida Bar No. 0059267 _-~ CHARLES L. ELDREDGE JR., ESQ. Florida Bar No. 0076474 LARSEN & ASSOCIATES, P.L. 300 South Orange Ave., Suite.1200 Orlando, Florida 32801 Phone: (407) 841-6555 Email: pleadings@larsenandassociates.com Attorneys for Montclair Homeowners Association, Inc.