On May 09, 2008 a
Answer 3195810 Comments: Answer|ANSWER TO COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS BY MORTGAGE ELECTRONIC REG SYSTEMS, INC
was filed
involving a dispute between
The Bank Of New York,
and
Any And All Unknown Parties Claiming By Through Un,
Claudia Yasmin Gil,
Jane Doe,
John Doe,
Mortgage Electronic Registration Systems Inc,
Unknown Spouse Of Claudia Yasmin Gil,
Wetherbee Lakes Homeowners Association Inc,
for CA - Mortgage Foreclosure (filed prior to 6/1/2009)
in the District Court of Orange County.
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IN THE CIRCUIT COURT OF THE 9TH JUDICIAL
CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO:08CA 11043
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATESHOLDERS CWMBS, c=> .
INC. CHL MORTGAGE PASS THROUGH cz^ K ,/t/--
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THROUGH CERTIFICATES, SERIES 2006- -za-y^.. cr
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PLAINTIFF •!• 7^
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CLAUDIA YASMIN GIL, ETAL r^z.
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DEFENDANT(S)
ANSWER TO COMPLAINT TO FORECLOSE MORTGAGE
AND TO ENFORCE LOST LOAN DOCUMENTS
COMES NOW, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
("MERS") by and through its undersigned counsel, and files this, its Answer to Plaintiffs
Complaint and states as follows:
1. That as to the facts and allegations as contained in the within numbered paragraph 16
ofthe Complaint, MERS ADMITS that it has an interest in the subject property, and DENIES
that the interest ofthe Plaintiffis superior to the lien ofthe Defendanf s mortgage.
2. That as to the facts and allegations as contained within all other numbered paragraphs
thereof, MERS is without sufficient knowledge so as to form a responsive pleading thereto and
therefore must DENY same and demands strict proof thereof
3. That as to any further facts and allegations not previously denied be and the same are
herein DENIED and strict proof thereof is hereby demanded.
ANSWER TO COMPLAENT
CASE #:058CA11043
4. In the event Plaintiffin this action prevails and there is a sale ofthe property being
foreclosed herein. Defendant should be permitted and allowed to have such surplus as there may
be applied to the Satisfaction of MERS mortgage, including interest from date of default, costs
and attomey's fees, and that this mortgage should be prior to the interest ofall other Defendants
in this action.
5. MERS, reserves the right to amend this Answer and/or file a cross claim or
counterclaim, should such become necessary.
WHEREFORE, Defendant, MERS having fully answered Plaintiffs Complaint moves
the same be progressed toward final adjudication with this Court setting the rights and priorities
among the respective Defendants herein.
1 HEREBY CERTIFY that a true and correct copy ofthe foregoing was forwarded this
^ day of N t ^ '2°^^ ^°-
Kelly M. Hemandez Esq.
LAW OFFICES OF DAVID J. STERN, P.A.
900 S. PINE ISLAND ROAD, SUITE 400
PLANTATION, FL 33324
Law Offices of Bakalar & Topouzis, P.A.
450 North Park Road, Suite 410
Hollywood, Florida 33021
(954)965-9101
Davt3 ^kalar/Esq.
Bar #: 0025062
Stacy G. Mager, Esq.
Bar #: 0513733
Document Filed Date
June 02, 2008
Case Filing Date
May 09, 2008
Category
CA - Mortgage Foreclosure (filed prior to 6/1/2009)
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IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO:08CA 11043 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATESHOLDERS CWMBS, c=> . INC. CHL MORTGAGE PASS THROUGH cz^ K ,/t/-- «^ ll VJ \\ % ' -"-. TRUST 2006-HYBl MORTGAGE PASS- c:>-r- . < 7 r" THROUGH CERTIFICATES, SERIES 2006- -za-y^.. cr Sii 1 \bi-n 3> _ • ~zc^ HYBl 1 <- c.r> -_-- rs3 .--- „^ - - V - 1 '. - 'O — z^. •—1 c PLAINTIFF •!• 7^ C3-<, / .".";' ••.• — t . CLAUDIA YASMIN GIL, ETAL r^z. • ^ cr> DEFENDANT(S) ANSWER TO COMPLAINT TO FORECLOSE MORTGAGE AND TO ENFORCE LOST LOAN DOCUMENTS COMES NOW, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS") by and through its undersigned counsel, and files this, its Answer to Plaintiffs Complaint and states as follows: 1. That as to the facts and allegations as contained in the within numbered paragraph 16 ofthe Complaint, MERS ADMITS that it has an interest in the subject property, and DENIES that the interest ofthe Plaintiffis superior to the lien ofthe Defendanf s mortgage. 2. That as to the facts and allegations as contained within all other numbered paragraphs thereof, MERS is without sufficient knowledge so as to form a responsive pleading thereto and therefore must DENY same and demands strict proof thereof 3. That as to any further facts and allegations not previously denied be and the same are herein DENIED and strict proof thereof is hereby demanded. ANSWER TO COMPLAENT CASE #:058CA11043 4. In the event Plaintiffin this action prevails and there is a sale ofthe property being foreclosed herein. Defendant should be permitted and allowed to have such surplus as there may be applied to the Satisfaction of MERS mortgage, including interest from date of default, costs and attomey's fees, and that this mortgage should be prior to the interest ofall other Defendants in this action. 5. MERS, reserves the right to amend this Answer and/or file a cross claim or counterclaim, should such become necessary. WHEREFORE, Defendant, MERS having fully answered Plaintiffs Complaint moves the same be progressed toward final adjudication with this Court setting the rights and priorities among the respective Defendants herein. 1 HEREBY CERTIFY that a true and correct copy ofthe foregoing was forwarded this ^ day of N t ^ '2°^^ ^°- Kelly M. Hemandez Esq. LAW OFFICES OF DAVID J. STERN, P.A. 900 S. PINE ISLAND ROAD, SUITE 400 PLANTATION, FL 33324 Law Offices of Bakalar & Topouzis, P.A. 450 North Park Road, Suite 410 Hollywood, Florida 33021 (954)965-9101 Davt3 ^kalar/Esq. Bar #: 0025062 Stacy G. Mager, Esq. Bar #: 0513733