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Filing # 131062915 E-Filed 07/20/2021 06:28:54 PM
IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
THE BANK OF NEW YORK MELLON, CIVIL DIVISION AO
Plaintiff CASE NO.: 502021CA008691XXXXMB
vs.
DEAN L. RICHARDS, ET AL.„
Defendants.
________________________________ /
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ANSWER [DEFENDANT VICTORIA GROVE HOMEOWNERS ASSOCIATION, INC.]
Defendant Victoria Grove Homeowners Association, Inc. ("Victoria Grove") answers the
CO
Verified Complaint for Foreclosure of Mortgage :
1. Victoria Grove admits allegations as to venue and jurisdiction and in Paragraph 1, 2, and
16, insofar as it has an interest, but denies its interest is inferior to any other party’s.
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2. Victoria Grove denies or is without knowledge of other allegations,
IE
a. in Paragraphs 3 through 15, and 17 through 19,
b. in prayers, exhibits, attachments, or unnumbered paragraphs,
IF
c. regarding conditions precedent because it receives no such notices,
RT
d. not specifically admitted.
3. FIRST DEFENSE. The Declaration of Covenants and Restrictions of Victoria Grove,
CE
recorded in Off. Rec. Bk. 13513, P. 1537, et seq., of the Pub. Rec. of Palm Beach Cnty, Fla., and
as it may be amended from time to time ("Declaration"), was recorded prior to Plaintiffs
A
mortgage and prior to time all other parties acquired their interest in the mortgaged property.
The Declaration contains provisions subordinating some, but not all, of Victoria Grove's
T
interests.
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4. SECOND DEFENSE. Victoria Grove's assessment lien relates back to the Declaration’s
N
recording, except as to first mortgages. Plaintiff fails to allege its mortgage is a first mortgage it
holds or owns.
5. THIRD DEFENSE. Victoria Grove, other parties to the Declaration, and intended 3 d-
party beneficiaries thereto routinely have used Fla. Stat. 720.3085 to fix liability of foreclosure
sale purchasers for mortgagors’ unpaid assessments and charges.
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/20/2021 06:28:54 PM
The Bank ofNew York Mellon v. Dean L. Richards, et al.,
Answer [Defendant Victoria Grove Homeowners Association, Inc.]
Case No. 502021CA008691XXXXMBAQ
6. FOURTH DEFENSE. If a foreclosure judgment is entered on Plaintiffs claim and there
is then an unpaid assessment balance for the mortgaged property, it would be inequitable for the
Court to order extended sale dates or to cancel sales without considering Victoria Grove's
PY
interest and position.
7. FIFTH DEFENSE. Victoria Grove has maintained and insured portions of the mortgaged
CO
property or appurtenances thereto at times without compensation from other parties to this suit.
Plaintiff has benefited from such maintenance and insurance.
8. CLAIM FOR SURPLUS. Assuming arguendo Victoria Grove is a "subordinate
D
lienholder" for purposes of Fla. Stat. 45.032, its assessment lien is continuing, prior in right to
IE
the interests of all other defendants, and secures all unpaid assessments, interest thereon, late
IF
fees, costs, and attorney’s fees, if any.
WHEREFORE, Defendant Victoria Grove prays, if it is determined any party’s interest is
RT
superior to Victoria Grove's, and such party otherwise is entitled to foreclosure, judgment be
entered, providing (a) liability for then-unpaid assessments and other charges be determined by
CE
applying Fla. Stat. 720.3085; (b) a reasonable foreclosure sale date which considers the burden
of any then-unpaid assessments owed to Victoria Grove; (c) Association be permitted its share
A
of, and priority to, any surplus; and (d) such other relief deemed just and equitable.
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CERTIFICATE OF SERVICE
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I certify a true, correct copy hereof was furnished, this Jul 20, 2021:
by E-mail to .
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July 20, 2021 WYANT-CORTEZ & CORTEZ, Chartered
Attorneys for Defendant Victoria Grove Homeowners Association, Inc.
840 US 1 Ste 345, N. Palm Beach, FL 33408
561.627.0009 | 561.627.4900 (fax) | Lenders@wcc.law
BY: /s/Larry T. Cortez, Esq.
N. Claire Wyant-Cortez, Fla. Bar JSTe 83879
Larry T. Cortez, Fla. Bar JSTe 84943
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Filing # 131062915 E-Filed 07/20/2021 06:28:54 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA THE BANK OF NEW YORK MELLON, CIVIL DIVISION AO Plaintiff CASE NO.: 502021CA008691XXXXMB vs. DEAN L. RICHARDS, ET AL.„ Defendants. ________________________________ / PY ANSWER [DEFENDANT VICTORIA GROVE HOMEOWNERS ASSOCIATION, INC.] Defendant Victoria Grove Homeowners Association, Inc. ("Victoria Grove") answers the CO Verified Complaint for Foreclosure of Mortgage : 1. Victoria Grove admits allegations as to venue and jurisdiction and in Paragraph 1, 2, and 16, insofar as it has an interest, but denies its interest is inferior to any other party’s. D 2. Victoria Grove denies or is without knowledge of other allegations, IE a. in Paragraphs 3 through 15, and 17 through 19, b. in prayers, exhibits, attachments, or unnumbered paragraphs, IF c. regarding conditions precedent because it receives no such notices, RT d. not specifically admitted. 3. FIRST DEFENSE. The Declaration of Covenants and Restrictions of Victoria Grove, CE recorded in Off. Rec. Bk. 13513, P. 1537, et seq., of the Pub. Rec. of Palm Beach Cnty, Fla., and as it may be amended from time to time ("Declaration"), was recorded prior to Plaintiffs A mortgage and prior to time all other parties acquired their interest in the mortgaged property. The Declaration contains provisions subordinating some, but not all, of Victoria Grove's T interests. O 4. SECOND DEFENSE. Victoria Grove's assessment lien relates back to the Declaration’s N recording, except as to first mortgages. Plaintiff fails to allege its mortgage is a first mortgage it holds or owns. 5. THIRD DEFENSE. Victoria Grove, other parties to the Declaration, and intended 3 d- party beneficiaries thereto routinely have used Fla. Stat. 720.3085 to fix liability of foreclosure sale purchasers for mortgagors’ unpaid assessments and charges. FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/20/2021 06:28:54 PM The Bank ofNew York Mellon v. Dean L. Richards, et al., Answer [Defendant Victoria Grove Homeowners Association, Inc.] Case No. 502021CA008691XXXXMBAQ 6. FOURTH DEFENSE. If a foreclosure judgment is entered on Plaintiffs claim and there is then an unpaid assessment balance for the mortgaged property, it would be inequitable for the Court to order extended sale dates or to cancel sales without considering Victoria Grove's PY interest and position. 7. FIFTH DEFENSE. Victoria Grove has maintained and insured portions of the mortgaged CO property or appurtenances thereto at times without compensation from other parties to this suit. Plaintiff has benefited from such maintenance and insurance. 8. CLAIM FOR SURPLUS. Assuming arguendo Victoria Grove is a "subordinate D lienholder" for purposes of Fla. Stat. 45.032, its assessment lien is continuing, prior in right to IE the interests of all other defendants, and secures all unpaid assessments, interest thereon, late IF fees, costs, and attorney’s fees, if any. WHEREFORE, Defendant Victoria Grove prays, if it is determined any party’s interest is RT superior to Victoria Grove's, and such party otherwise is entitled to foreclosure, judgment be entered, providing (a) liability for then-unpaid assessments and other charges be determined by CE applying Fla. Stat. 720.3085; (b) a reasonable foreclosure sale date which considers the burden of any then-unpaid assessments owed to Victoria Grove; (c) Association be permitted its share A of, and priority to, any surplus; and (d) such other relief deemed just and equitable. T CERTIFICATE OF SERVICE O I certify a true, correct copy hereof was furnished, this Jul 20, 2021: by E-mail to . N July 20, 2021 WYANT-CORTEZ & CORTEZ, Chartered Attorneys for Defendant Victoria Grove Homeowners Association, Inc. 840 US 1 Ste 345, N. Palm Beach, FL 33408 561.627.0009 | 561.627.4900 (fax) | Lenders@wcc.law BY: /s/Larry T. Cortez, Esq. N. Claire Wyant-Cortez, Fla. Bar JSTe 83879 Larry T. Cortez, Fla. Bar JSTe 84943