On August 11, 2017 a
Answer
was filed
involving a dispute between
Universal Property And Casualty Insurance Company Robert Johnson Sub,
and
Dimas Delia Davila,
for CA - Premises Liability - Residential
in the District Court of Orange County.
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1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL
IN THE COUNTY COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2017-CA-007332-O
Honorable Keith A Carsten
COMPASS BANK,
Plaintiff,
vs.
LUIS J. HERNANDEZ GARCIA AND ILEANA DURAN DE HERNANDEZ,
Husband and Wife,
Defendants,
DEFENDANT’S ANSWER AND AFFIRMATIVES DEFENSES
FOR COMPLAINT
COMES NOW, ILEANA DURAN DE HERNANDEZ, respectfully files its Answer and
Affirmative Defense to the complaint, and states the following:
COUNT 1
1) Admit.
2) Admit.
3) Admit.
4) Admit.
5) Partially Denied,
On January 03, 2018 Luis Jose Hernandez Garcia passed away in Madrid, Spain. This
was the reason why Defendants were behind on May 2018. Attached Exhibit “A” Death1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL
Certificate. On April 02, 2018 payment was made. Attached Exhibit “B” BBVA
Compass Bank Statement.
Defendants have a Checking account for the same Plaintiff Mortgage bank where
Plaintiff deducts every month the Mortgage Loan. Attached Exhibit “C”.
Ileana Duran De Hernandez called on June 2018 to Plaintiff's Bank office Customer
services in a recorded call. This was international call since she called from Spain. She
explained the reason why they missed the loan payment on May and June 2018, which
was because the death of her husband Luis Jose Hernandez Garcia who was the only
source of income for the family. She stated her intention to pay the two months due with
a payment plan, making the first payment on July 2018 and continued to make regular
payments. Defendant deposited on 07/10/2018 $1,400.00 and continued to pay until
December 2018 on the BBVA Compass Bank Checking Account 0056984968 where
Plaintiff used to charge the Mortgage Loan. Defendant also mentioned that she resides
out of the country.
Therefore, Plaintiff's complaint to Mortgage Foreclosure was unnecessary, desperate, and
without loss mitigation process or any negotiation. For the following reasons:
. Plaintiff was notified about the Death of the other defendant Luis Jose Hernandez
Garcia by his wife Ileana Duran De Hernandez and also notified about her intention to
pay on July 2018.
. In addition, Defendant notified Plaintiff that she reside out of United States of
America,
. Plaintiff could check the BBVA Compass Bank Checking Account 0056984968
since Plaintiff has access and realize that the payments were made.
° Plaintiff filed Complaint to Foreclose Mortgage on October 26, 2018 without loss
mitigation process. In that date there were in the BBVA Compass Bank Checking
Account 0056984968, $6,001.48, which could easily deducted as Plaintiff used to do.
. Defendant Ileana Duran De Hernandez explained the situation and intention to
pay by July. This call was made on June 2018 in a recorded call as the BBVA
representative stated.
. The Defendant’s default was on 05/02/2018 not 04/01/2018. Then, Defendant
deposited on 07/10/2018 $1,400.00 and continues paying this amount until 12/12/2018.
. The total balance on the BBVA Compass Bank Checking Account 0056984968
by 12/04/2018 was $7,401.48 There is another $1,400.00 deposited on 12/12/2018 which
still in Plaintiff BBVA checking account.
° This checking account was close by Plaintiff on December 2018 after Raul
Hernandez, defendant’s nephew called Plaintiff's attorney Office Mark J. Horne on
December 2018 explaining the whole situation. Attached Exhibit “D” emails exchange.
6) Denied( 1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL
7) Denied
8) Denied. Defendants were not notified. They realized about the Foreclosure because
nephew Raul Hernandez saw the Foreclosure on Orange County public records.
9) Denied.
10) Denied.
11) Denied.
12) Denied.
13) Denied.
14) Denied.
15) Denied.
16) Denied
17) Denied
18) Partially Denied. This Claim to Foreclose Mortgage was unnecessary. Defendant ask
the court to not pay Attorney’s Fees since the present claim did not made a loss
mitigation process or opportunities.
AFFIRMATIVES DEFENSES
19) Plaintiff filed this Complaint without Loss Mitigation Process, or any negotiation.
20) Plaintiff was notified on June 2018 about of Luis J. Hernandez Garcia decease and
the intention to pay the two months due.
21) Defendant continues to pay from July 10, 2018 as promise in a phone call.
22) Before Plaintiff filed the complaint there was in the BBVA Compass Bank Checking
Account 0056984968 $6,001.48. Thus, this complaint was unnecessary.
WHEREFORE, Defendant, humbly prays this Court dismiss Plaintiff's complaint.
A) Allow Defendant to pay only the Loan mortgage regular payments due and
continue to make the regular loan mortgage payments.
B) Allow Defendant to propose a payment plan for the Mortgage Loan payments due
only with not Interest, Plaintiff Attorney Fees, Late fees, nor any other unnecessary fees.|
1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL
Date this 17-day of January 2019
By: 2 un, Le
Duran De Hernandez
502 Sunport LN
Suite 350
Orlando, FL 32809
CERTIFICATE OF SERVICE
Mark J. Horne, Esquire
Attorney for Plaintiff
233 East Bay Street, Suite 720
Jacksonville, FL 32202
This 17-day of January 2019
Document Filed Date
January 18, 2019
Case Filing Date
August 11, 2017
Category
CA - Premises Liability - Residential
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1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017-CA-007332-O Honorable Keith A Carsten COMPASS BANK, Plaintiff, vs. LUIS J. HERNANDEZ GARCIA AND ILEANA DURAN DE HERNANDEZ, Husband and Wife, Defendants, DEFENDANT’S ANSWER AND AFFIRMATIVES DEFENSES FOR COMPLAINT COMES NOW, ILEANA DURAN DE HERNANDEZ, respectfully files its Answer and Affirmative Defense to the complaint, and states the following: COUNT 1 1) Admit. 2) Admit. 3) Admit. 4) Admit. 5) Partially Denied, On January 03, 2018 Luis Jose Hernandez Garcia passed away in Madrid, Spain. This was the reason why Defendants were behind on May 2018. Attached Exhibit “A” Death1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL Certificate. On April 02, 2018 payment was made. Attached Exhibit “B” BBVA Compass Bank Statement. Defendants have a Checking account for the same Plaintiff Mortgage bank where Plaintiff deducts every month the Mortgage Loan. Attached Exhibit “C”. Ileana Duran De Hernandez called on June 2018 to Plaintiff's Bank office Customer services in a recorded call. This was international call since she called from Spain. She explained the reason why they missed the loan payment on May and June 2018, which was because the death of her husband Luis Jose Hernandez Garcia who was the only source of income for the family. She stated her intention to pay the two months due with a payment plan, making the first payment on July 2018 and continued to make regular payments. Defendant deposited on 07/10/2018 $1,400.00 and continued to pay until December 2018 on the BBVA Compass Bank Checking Account 0056984968 where Plaintiff used to charge the Mortgage Loan. Defendant also mentioned that she resides out of the country. Therefore, Plaintiff's complaint to Mortgage Foreclosure was unnecessary, desperate, and without loss mitigation process or any negotiation. For the following reasons: . Plaintiff was notified about the Death of the other defendant Luis Jose Hernandez Garcia by his wife Ileana Duran De Hernandez and also notified about her intention to pay on July 2018. . In addition, Defendant notified Plaintiff that she reside out of United States of America, . Plaintiff could check the BBVA Compass Bank Checking Account 0056984968 since Plaintiff has access and realize that the payments were made. ° Plaintiff filed Complaint to Foreclose Mortgage on October 26, 2018 without loss mitigation process. In that date there were in the BBVA Compass Bank Checking Account 0056984968, $6,001.48, which could easily deducted as Plaintiff used to do. . Defendant Ileana Duran De Hernandez explained the situation and intention to pay by July. This call was made on June 2018 in a recorded call as the BBVA representative stated. . The Defendant’s default was on 05/02/2018 not 04/01/2018. Then, Defendant deposited on 07/10/2018 $1,400.00 and continues paying this amount until 12/12/2018. . The total balance on the BBVA Compass Bank Checking Account 0056984968 by 12/04/2018 was $7,401.48 There is another $1,400.00 deposited on 12/12/2018 which still in Plaintiff BBVA checking account. ° This checking account was close by Plaintiff on December 2018 after Raul Hernandez, defendant’s nephew called Plaintiff's attorney Office Mark J. Horne on December 2018 explaining the whole situation. Attached Exhibit “D” emails exchange. 6) Denied( 1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL 7) Denied 8) Denied. Defendants were not notified. They realized about the Foreclosure because nephew Raul Hernandez saw the Foreclosure on Orange County public records. 9) Denied. 10) Denied. 11) Denied. 12) Denied. 13) Denied. 14) Denied. 15) Denied. 16) Denied 17) Denied 18) Partially Denied. This Claim to Foreclose Mortgage was unnecessary. Defendant ask the court to not pay Attorney’s Fees since the present claim did not made a loss mitigation process or opportunities. AFFIRMATIVES DEFENSES 19) Plaintiff filed this Complaint without Loss Mitigation Process, or any negotiation. 20) Plaintiff was notified on June 2018 about of Luis J. Hernandez Garcia decease and the intention to pay the two months due. 21) Defendant continues to pay from July 10, 2018 as promise in a phone call. 22) Before Plaintiff filed the complaint there was in the BBVA Compass Bank Checking Account 0056984968 $6,001.48. Thus, this complaint was unnecessary. WHEREFORE, Defendant, humbly prays this Court dismiss Plaintiff's complaint. A) Allow Defendant to pay only the Loan mortgage regular payments due and continue to make the regular loan mortgage payments. B) Allow Defendant to propose a payment plan for the Mortgage Loan payments due only with not Interest, Plaintiff Attorney Fees, Late fees, nor any other unnecessary fees.| 1/18/2019 2:27 PM FILED IN OFFICE OF TIFFANY MOORE RUSSELL CLERK OF THE CIRCUIT COURT ORANGE COUNTY FL Date this 17-day of January 2019 By: 2 un, Le Duran De Hernandez 502 Sunport LN Suite 350 Orlando, FL 32809 CERTIFICATE OF SERVICE Mark J. Horne, Esquire Attorney for Plaintiff 233 East Bay Street, Suite 720 Jacksonville, FL 32202 This 17-day of January 2019