Document for AMTRUST BANK, vs. SOUDER, DIANE et al

• 
• 

						
                                
Preview
                                IN  THE    CIRCUIT     COURT      OF   THE    NINTH
                                                                                 JUDICIAL CIRCUIT, IN AND FOR ORANGE
                                                                                 COUNTY,      FLORIDA

                                                                                 CASENO.        08-CA-11770

                  AMTRUST       BANK,

                           Plaintiff,
                  vs.

                  DIANE    SOUDER AND          UNKNOWN         SPOUSE      OF   DIANE
                  SOUDER;      JASON     SOUDER       AND    UNKNOWN         SPOUSE
                  OF   JASON      SOUDER;       JOHN     DOE     AND    MARY     DOE;                                           cc
                  UPTOWN PLACE CONDOMINIUM ASSOCIATION, INC.;                                                        o.-'        X.r
                  WACHOVIA        BANK,    N.A.,                                                                                 L.-y

                                                                                                                                 CD
                           Defendants.
                                                                              /

                                                                    ANSWER OF
                                         UPTOWN       PLACE CONDOMINIUM ASSOCIATION. INC.

                           UPTOWN PLACE CONDOMINIUM ASSOCIATION, INC., (hereinafter                               "ASSOCIATION")

                  by and through its undersigned attomeys, answers the Plaintiffs Complaint to Foreclose Mortgage

                  and says:

                           1.      ASSOCIATION is without knowledge as to the allegations contained in paragraphs

                  1-12  8c 14-15 of Plaintiffs    Complaint.

                          2.       As to   paragraph    13 of   Plaintiff'sComplaint, ASSOCIATION            admits that    it has  an

                  interest  in the subject   property   by virtue of unpaid assessments.           However,    pursuant to    Section

                  718.116,    Florida  Statutes    (Supp.   2002), ASSOCIATION          denies    that  its interest  is subject   and

                  inferior to the Mortgage held by Plaintiff to the extent that the said interest secures the payment of

                 the debt in an amount which is the lesser of (a) the unifs            unpaid common expenses and regular

                  periodic assessments       which will accme      or will come due during the        six (6)  months    immediately

                  preceding    the   acquisition    of  title or  (b)  one   percent    (1%)    of the   original   mortgage     debt.

                 ASSOCIATION         is without  knowledge as to whether the         remaining debt secured by its interest is

                  subject and inferior to the Mortgage held by          Plaintiff.
                           WHEREFORE,          ASSOCIATION          petitions   this  Court   to  detemiine     the   priority of  the

                  obligations   referred to   in this proceeding     and enter    an  order  determining     that  ASSOCIATION'S

                  interest is superior to Plaintiffs mortgage to the extent that the said interest secures an amount not

                  to exceed the     lesser  of one   percent   (1%) of the original    mortgage     debt  or  six (6) months    of the

                  unifs unpaid common expenses and regular periodic assessments which will accrue or will come

                  due during the six (6) months immediateiy preceding the acquisition oftitle.              Ifthe Court determines

                  that  Plaintiffs mortgage     is superior to the remaining debt        secured    by ASSOCIATION'S          interest,

                  ASSOCIATION         petitions  this  court to enter an order     requiring that the sale proceeds        remaining

                  after  payment     of Plaintiffs   claim  be   placed   into  the  registty  of  the  court   to be   disbursed    to

                  ASSOCIATION for its claim, costs, and attorney's fees incurred in this                 matter.

                           I HEREBY      CERTIFY that a copy of the foregoing           has been furnished       by mail delivety to

                  Spear 8i Hoffman, 9700 South Dixie Hwy, Suite 610, Miami, FL                 33156; and Diane Souder, Jason

                  Souder, 911 N. Orange Ave #332,401 & 330, Oriando, FL 32801, this                     \'l   day of   lIlAn^         ,

                  200^^.




                                                                                    /HYNOT, ESQ.
                                                                         Tor          #325170
                                                                           7hvncft(3itavlor-caris.com
                                                                        PAUL T. HINCKLEY,          ESQ.
                                                                        FloridaBar    #0048746
                                                                        phincklev@tavlor-caris.com
                                                                        Taylor & Caris,     P.A.
                                                                        850 Concourse Parkway South, Suite 105
                                                                        Maitiand, Florida     32751
                                                                        Attorneys for    ASSOCIATION
                                                                        Telephone: (407)      660-1040
                                                                        Facsimile: (407)     660-9422