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Filing # 104778842 E-Filed 03/12/2020 12:55:30 PM
IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
CIVIL DIVISION
THE BANK OF NEW YORK MELLON FKA CASE NO. 19004416CA
THE BANK OF NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS CWALT, INC.,
ALTERNATIVE LOAN TRUST 2006-18CB,
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-A8CB,
Plaintiff,
vs.
UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, ASSIGNEES, LIENORS, i
CREDITORS, TRUSTEES AND ALL OTHERS
WHO MAY CLAIM AN INTEREST IN THE
ESTATE OF JUDITH HOPKINS; ET AL.,
Defendants.
/
DEFENDANT’S ANSWER AND PETITION FOR SURPLUS PROCEEDS
COMES NOW, Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
AS NOMINEE FOR AMNET MORTGAGE, INC., DBA AMERICAN MORTGAGE NETWORK OF
FLORIDA, (“Defendant”)', by and through its undersigned counsel, and hereby answers Plaintiff’s
Complaint, and states as follows:
lL. Defendant admits the allegations of paragraphs | and 2 of Plaintiff's Complaint.
2. Defendant is without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in paragraphs 3 through 16, 18 of the Complaint, therefore, denies same and
demands strict proof thereof.
3. As to paragraph 17 of the Complaint, Defendant admits that it possesses an interest in the
subject property by virtue of the referenced mortgage lien. Otherwise denied.
1 TOWD POINT MORTGAGE LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS
INDENTURE TRUSTEE, is the current owner, holder, and successor in interest to the Note secured by Defendant’s
Mortgage, and reserves the right to substitute or intervene in this suit and assert a claim for surplus proceeds
following any foreclosure sale.
12078.007PETITION FOR SURPLUS PROCEEDS
Defendant petitions this Court for authorization to participate in any surplus arising in connection
with the above-captioned action, and in support thereof, states as follows:
4. Defendant has an interest in the subject property described in the Complaint by virtue of a
note (the “Note”) secured by the Mortgage originally recorded on April 27, 2006 in Official Records
Book 2770, Page 56 of the Public Records of Bay County, Florida.
5. The Note and Mortgage have since been transferred to TOWD POINT MORTGAGE
LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE.
6. The Mortgage has not been satisfied, released, or otherwise conveyed.
7. By virtue of its mortgage lien on the subject property, TOWD POINT MORTGAGE
LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, is
entitled to receive any surplus funds resulting from Plaintiffs foreclosure, up to the amount due and
owing on the Mortgage. Defendant therefore requests that it be permitted to participate in any surplus
proceeds that result from the judicial sale of the subject property.
WHEREFORE, Defendant, TOWD POINT MORTGAGE LOAN TRUST, 2018-4, U.S. BANK
NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, respectfully requests this Court grant its
Petition for Surplus Proceeds, disburse any surplus funds resulting from the foreclosure sale to Defendant,
and for all further relief as the Court deems just and equitable.
12078.007CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was delivered to the following parties by
U.S. Mail or designated email this i day of March, 2020:
Case No. 19004416CA
FRANKEL LAMBERT WEISS WEISMAN & GORDON, LLP
ATTORNEYS FOR PLAINTIFF
1 EAST BROWARD BLVD, SUITE 1430
FORT LAUDERDALE, FL 33301
FLESERVICE@FLWLAW.COM.
Heller & Zion, LLP
Attorneys for Plaintiff
1428 Brickell Avenue, Suite 600
Miami, FL 33131
Telephone: (305) 373-8001
Facsimile: (30
Fran E, Zion, Esquire
Florida Bar No.: 749273
Alexandra J. Sanchez, Esquire
Florida Bar No.: 154423
[ ] Linda M. Russell, Esquire
Florida Bar No.: 12121
[1]
12078.007
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Filing # 104778842 E-Filed 03/12/2020 12:55:30 PM IN THE CIRCUIT COURT OF THE 14TH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA CASE NO. 19004416CA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2006-18CB, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-A8CB, Plaintiff, vs. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, ASSIGNEES, LIENORS, i CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE ESTATE OF JUDITH HOPKINS; ET AL., Defendants. / DEFENDANT’S ANSWER AND PETITION FOR SURPLUS PROCEEDS COMES NOW, Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMNET MORTGAGE, INC., DBA AMERICAN MORTGAGE NETWORK OF FLORIDA, (“Defendant”)', by and through its undersigned counsel, and hereby answers Plaintiff’s Complaint, and states as follows: lL. Defendant admits the allegations of paragraphs | and 2 of Plaintiff's Complaint. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3 through 16, 18 of the Complaint, therefore, denies same and demands strict proof thereof. 3. As to paragraph 17 of the Complaint, Defendant admits that it possesses an interest in the subject property by virtue of the referenced mortgage lien. Otherwise denied. 1 TOWD POINT MORTGAGE LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, is the current owner, holder, and successor in interest to the Note secured by Defendant’s Mortgage, and reserves the right to substitute or intervene in this suit and assert a claim for surplus proceeds following any foreclosure sale. 12078.007PETITION FOR SURPLUS PROCEEDS Defendant petitions this Court for authorization to participate in any surplus arising in connection with the above-captioned action, and in support thereof, states as follows: 4. Defendant has an interest in the subject property described in the Complaint by virtue of a note (the “Note”) secured by the Mortgage originally recorded on April 27, 2006 in Official Records Book 2770, Page 56 of the Public Records of Bay County, Florida. 5. The Note and Mortgage have since been transferred to TOWD POINT MORTGAGE LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE. 6. The Mortgage has not been satisfied, released, or otherwise conveyed. 7. By virtue of its mortgage lien on the subject property, TOWD POINT MORTGAGE LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, is entitled to receive any surplus funds resulting from Plaintiffs foreclosure, up to the amount due and owing on the Mortgage. Defendant therefore requests that it be permitted to participate in any surplus proceeds that result from the judicial sale of the subject property. WHEREFORE, Defendant, TOWD POINT MORTGAGE LOAN TRUST, 2018-4, U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE, respectfully requests this Court grant its Petition for Surplus Proceeds, disburse any surplus funds resulting from the foreclosure sale to Defendant, and for all further relief as the Court deems just and equitable. 12078.007CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was delivered to the following parties by U.S. Mail or designated email this i day of March, 2020: Case No. 19004416CA FRANKEL LAMBERT WEISS WEISMAN & GORDON, LLP ATTORNEYS FOR PLAINTIFF 1 EAST BROWARD BLVD, SUITE 1430 FORT LAUDERDALE, FL 33301 FLESERVICE@FLWLAW.COM. Heller & Zion, LLP Attorneys for Plaintiff 1428 Brickell Avenue, Suite 600 Miami, FL 33131 Telephone: (305) 373-8001 Facsimile: (30 Fran E, Zion, Esquire Florida Bar No.: 749273 Alexandra J. Sanchez, Esquire Florida Bar No.: 154423 [ ] Linda M. Russell, Esquire Florida Bar No.: 12121 [1] 12078.007