On December 10, 2010 a
Answer
was filed
involving a dispute between
Ditech Financial Llc F K A Green Tree Servicing Llc A Delaware Limited Liability Company,
Gmac Mortgage Corp,
and
Grow Financial Federal Credit Union,
Parady, James,
Parady, Tina,
for Civil
in the District Court of Hillsborough County.
Preview
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
GMAC MORTGAGE, LLC,
Plaintiff, CasiNo. 10-23626 '1"7
vs.
Division D 5, TO
JAMES PARADY, ET AL,
*1
J l 3
Defendants. U A,
/ 4 q
ANSWER TO COMPLAINT I
The Defendant, GROW FINANCIAL FEDERAL CREDIT UNION F/K/A MACDILL
FEDERAL CREDIT UNION (GROW FINANCIAL), by and through its undersigned attorney,
files its Answer to Complaint and alleges as follows:
l. GROW FINANCIAL admits that it claims some right, title, or interest in and to
the property which is the subject of this suit by virtue of that certain Mortgage recorded in
Official Records Book 18185, Page 1021, in the Public Records of Hillsborough County,
Florida, however, GROW FINANCIAL is without knowledge as to whether said Mortgage is
junior or inferior to the lien of the plaintiffs mortgage as GROW FINANCIAL has no
knowledge as to the validity of the plaintiff's Mortgage and any defenses that may be asserted by
the defendant mortgagees.
2. GROW FINANCIAL requests that any surplus available as a result of the sale of
the subject property shall be paid to it to the extent of the obligation secured by its Mortgage.
3. GROW FINANCIAL is without knowledge as to all of the other allegations and,
therefore, denies same.
WHEREFORE, the Defendant, GROW FINANCIAL FEDERAL CREDIT UNION
F/K/A MACDILL FEDERAL CREDIT UNION, prays:
A
¢
0 ¢
a) this court determine the extent and priority of the interest of the parties in
this action and that the Defendant, GROW FINANCIAL, be notified of all proceedings with
respect to the said foreclosure,
b) any surplus funds derived from said foreclosure be placed in the Registry
of the Court,
c) upon appropriate motion and order by said defendant, any surplus funds in
the Registry of the court be distributed to said defendant, and,
d) the said defendant be noticed of the placement of said funds in the
Registry of the Court.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing has been furnished, by U.S. Mail,
on the 6l5'day of December, 2010, to: Law Ounces of Marshall C. Watson, P.A., 1800 N.W.
490h Street, Suite 120, Fort Lauderdale FL 33309.
Y//
NEIL C. SP ECTOR / 1
KASS, S/HULER, s/oLoi<1oN,
SPECTOR, FoYL13 QINGER, P.A.
P.O. Box 800
Tampa, Florida 33601
8 1 3-229-0900 Ext. 1337
(Fax) 813-229-3323
Florida Bar No. 280471
Attorney for Defendant, Grow Financial
Preview
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GMAC MORTGAGE, LLC, Plaintiff, CasiNo. 10-23626 '1"7 vs. Division D 5, TO JAMES PARADY, ET AL, *1 J l 3 Defendants. U A, / 4 q ANSWER TO COMPLAINT I The Defendant, GROW FINANCIAL FEDERAL CREDIT UNION F/K/A MACDILL FEDERAL CREDIT UNION (GROW FINANCIAL), by and through its undersigned attorney, files its Answer to Complaint and alleges as follows: l. GROW FINANCIAL admits that it claims some right, title, or interest in and to the property which is the subject of this suit by virtue of that certain Mortgage recorded in Official Records Book 18185, Page 1021, in the Public Records of Hillsborough County, Florida, however, GROW FINANCIAL is without knowledge as to whether said Mortgage is junior or inferior to the lien of the plaintiffs mortgage as GROW FINANCIAL has no knowledge as to the validity of the plaintiff's Mortgage and any defenses that may be asserted by the defendant mortgagees. 2. GROW FINANCIAL requests that any surplus available as a result of the sale of the subject property shall be paid to it to the extent of the obligation secured by its Mortgage. 3. GROW FINANCIAL is without knowledge as to all of the other allegations and, therefore, denies same. WHEREFORE, the Defendant, GROW FINANCIAL FEDERAL CREDIT UNION F/K/A MACDILL FEDERAL CREDIT UNION, prays: A ¢ 0 ¢ a) this court determine the extent and priority of the interest of the parties in this action and that the Defendant, GROW FINANCIAL, be notified of all proceedings with respect to the said foreclosure, b) any surplus funds derived from said foreclosure be placed in the Registry of the Court, c) upon appropriate motion and order by said defendant, any surplus funds in the Registry of the court be distributed to said defendant, and, d) the said defendant be noticed of the placement of said funds in the Registry of the Court. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing has been furnished, by U.S. Mail, on the 6l5'day of December, 2010, to: Law Ounces of Marshall C. Watson, P.A., 1800 N.W. 490h Street, Suite 120, Fort Lauderdale FL 33309. Y// NEIL C. SP ECTOR / 1 KASS, S/HULER, s/oLoi<1oN, SPECTOR, FoYL13 QINGER, P.A. P.O. Box 800 Tampa, Florida 33601 8 1 3-229-0900 Ext. 1337 (Fax) 813-229-3323 Florida Bar No. 280471 Attorney for Defendant, Grow Financial