On August 31, 2017 a
Answer
was filed
involving a dispute between
Us Bank National Association,
Us Bank National Association Lasalle National Association Sbm,
and
Antonio G Martin Esq,
Antonio G Martin Esq Of The Derrick Drive Land Trust 6826 Dated 08 01 2017 Trst,
Any And All Unknown Parties,
Mortgage Electronic Registration Systems Inc,
Mortgage Electronic Registration Systems Inc Ownit Mortgage Solutions Inc Nom,
Orange County Fl,
Rafael Agosto,
Rafael Agosto Rafael O Agosto Aka,
The Independent Savings Plan Company,
The Independent Savings Plan Company Ispc Dba,
Unknown Successor Trustee Of The Derrick Drive Land Trust 6826 Dated August 1 2017,
Us Bank National Association,
Us Bank National Association The Cbass Mortgage Loan Asset Backed Certificate Series 2007 Sl1 Trst,
Wanda I Agosto,
Wanda I Agosto Wanda Agosto Aka,
for 3
in the District Court of Orange County.
Preview
Filing # 68099640 E-Filed 02/16/2018 04:10:49 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN
AND FOR ORANGE COUNTY, FLORIDA
CASE NO.: 2017-CA-008145-O
US BANK NATIONAL ASSOCIATION, AS
SUCCESSOR TRUSTEE, TO BANK OF
AMERICA, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO LASALLE
NATIONAL ASSOCIATION, AS TRUSTEE
FOR OWNIT MORTGAGE LOAN TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2006-7,
Plaintiff,
v.
RAFAEL AGOSTO A/K/A RAFAEL O.
AGOSTO; WANDA I. RODRIGUEZ A/K/A
WANDA AGOSTO, et al.,
Defendants,
_______________________________________/
DEFENDANT, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC.’S
ANSWER TO PLAINTIFF’S COMPLAINT
Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS
NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC. (“MERS”), by and through its
undersigned counsel, files this Answer to Plaintiff’s Complaint, and states as follows:
COUNT I – MORTGAGE FORECLOSURE
1. MERS admits that this purports to be an action to foreclose a mortgage on real
property in Orange County, Florida.
2. MERS is without knowledge as to the allegations set forth in paragraph 2 of
Plaintiff’s Complaint.
3. MERS is without knowledge as to the allegations set forth in paragraph 3 of
Plaintiff’s Complaint.
140383.04648/106637419v.1
4. MERS is without knowledge as to the allegations set forth in paragraph 4 of
Plaintiff’s Complaint.
5. MERS is without knowledge as to the allegations set forth in paragraph 5 of
Plaintiff’s Complaint.
6. MERS is without knowledge as to the allegations set forth in paragraph 6 of
Plaintiff’s Complaint.
7. MERS is without knowledge as to the allegations set forth in paragraph 7 of
Plaintiff’s Complaint.
8. MERS is without knowledge as to the allegations set forth in paragraph 8 of
Plaintiff’s Complaint.
9. MERS is without knowledge as to the allegations set forth in paragraph 9 of
Plaintiff’s Complaint.
10. MERS is without knowledge as to the allegations set forth in paragraph 10 of
Plaintiff’s Complaint.
11. MERS is without knowledge as to the allegations set forth in paragraph 11 of
Plaintiff’s Complaint.
12. MERS is without knowledge as to the allegations set forth in paragraph 12 of
Plaintiff’s Complaint.
13. MERS is without knowledge as to the allegations set forth in paragraph 13 of
Plaintiff’s Complaint.
14. MERS is without knowledge as to the allegations set forth in paragraph 14 of
Plaintiff’s Complaint.
140383.04648/106637419v.1
15. MERS is without knowledge as to the allegations set forth in paragraph 15 of
Plaintiff’s Complaint.
16. MERS claims an interest in the subject property pursuant to its interest in a
mortgage recorded in the Official Records Book 08810, Page 1168 of the Public Records of
Orange County, Florida, and is without knowledge as to the remaining allegations set forth in
paragraph 16 of Plaintiff’s Complaint.
17. MERS is without knowledge as to the allegations set forth in paragraph 17 of
Plaintiff’s Complaint.
18. MERS is without knowledge as to the allegations set forth in paragraph 18 of
Plaintiff’s Complaint.
19. MERS is without knowledge as to the allegations set forth in paragraph 19 of
Plaintiff’s Complaint.
20. MERS is without knowledge as to the allegations set forth in paragraph 20 of
Plaintiff’s Complaint.
[CERTIFICATE OF SERVICE TO FOLLOW ON THE NEXT PAGE]
140383.04648/106637419v.1
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically
filed this 16th day of February, 2018, with the Clerk of the Circuit Court using the Florida Courts
E-Filing Portal and served via an automatic email generated by the Florida Courts E-Filing Portal
to: Jonathan Meisels, Esq. and Olivia Soden, Esq., Robertson, Anschutz & Schneid, P.L., 6409
Congress Avenue, Suite 100, Boca Raton, FL 33487 (mail@rasflaw.com); Michael D. Ginsberg,
Esq., Attorney for Defendant ISPC, 1115 Gunn Hwy, Suite 100, Odessa, FL 33556 (fc-
ispc@theispc.com); Wanda Agosto-Rodriguez, 6826 Derrick Drive, Orlando, FL 32818; Wanda
Agosto-Rodriguez, 1980 Garwood Drive, Orlando, FL 32822; Rafael Agosto, 6826 Derrick
Drive, Orlando, FL 32818; Rafael Agosto, 1980 Garwood Drive, Orlando, FL 32822.
BLANK ROME LLP
500 E. Broward Blvd., Suite 2100
Ft. Lauderdale, FL 33394
Telephone: 954-512-1800
Facsimile: 954-512-1818
/s/ Daniel S. Hurtes
DANIEL S. HURTES
Florida Bar No. 69104
DHurtes@BlankRome.com
BRFLeservice@BlankRome.com
NICOLE R. TOPPER
Florida Bar No. 558591
NTopper@BlankRome.com
140383.04648/106637419v.1
Preview
Filing # 68099640 E-Filed 02/16/2018 04:10:49 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: 2017-CA-008145-O US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7, Plaintiff, v. RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO; WANDA I. RODRIGUEZ A/K/A WANDA AGOSTO, et al., Defendants, _______________________________________/ DEFENDANT, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC.’S ANSWER TO PLAINTIFF’S COMPLAINT Defendant, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC. (“MERS”), by and through its undersigned counsel, files this Answer to Plaintiff’s Complaint, and states as follows: COUNT I – MORTGAGE FORECLOSURE 1. MERS admits that this purports to be an action to foreclose a mortgage on real property in Orange County, Florida. 2. MERS is without knowledge as to the allegations set forth in paragraph 2 of Plaintiff’s Complaint. 3. MERS is without knowledge as to the allegations set forth in paragraph 3 of Plaintiff’s Complaint. 140383.04648/106637419v.1 4. MERS is without knowledge as to the allegations set forth in paragraph 4 of Plaintiff’s Complaint. 5. MERS is without knowledge as to the allegations set forth in paragraph 5 of Plaintiff’s Complaint. 6. MERS is without knowledge as to the allegations set forth in paragraph 6 of Plaintiff’s Complaint. 7. MERS is without knowledge as to the allegations set forth in paragraph 7 of Plaintiff’s Complaint. 8. MERS is without knowledge as to the allegations set forth in paragraph 8 of Plaintiff’s Complaint. 9. MERS is without knowledge as to the allegations set forth in paragraph 9 of Plaintiff’s Complaint. 10. MERS is without knowledge as to the allegations set forth in paragraph 10 of Plaintiff’s Complaint. 11. MERS is without knowledge as to the allegations set forth in paragraph 11 of Plaintiff’s Complaint. 12. MERS is without knowledge as to the allegations set forth in paragraph 12 of Plaintiff’s Complaint. 13. MERS is without knowledge as to the allegations set forth in paragraph 13 of Plaintiff’s Complaint. 14. MERS is without knowledge as to the allegations set forth in paragraph 14 of Plaintiff’s Complaint. 140383.04648/106637419v.1 15. MERS is without knowledge as to the allegations set forth in paragraph 15 of Plaintiff’s Complaint. 16. MERS claims an interest in the subject property pursuant to its interest in a mortgage recorded in the Official Records Book 08810, Page 1168 of the Public Records of Orange County, Florida, and is without knowledge as to the remaining allegations set forth in paragraph 16 of Plaintiff’s Complaint. 17. MERS is without knowledge as to the allegations set forth in paragraph 17 of Plaintiff’s Complaint. 18. MERS is without knowledge as to the allegations set forth in paragraph 18 of Plaintiff’s Complaint. 19. MERS is without knowledge as to the allegations set forth in paragraph 19 of Plaintiff’s Complaint. 20. MERS is without knowledge as to the allegations set forth in paragraph 20 of Plaintiff’s Complaint. [CERTIFICATE OF SERVICE TO FOLLOW ON THE NEXT PAGE] 140383.04648/106637419v.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed this 16th day of February, 2018, with the Clerk of the Circuit Court using the Florida Courts E-Filing Portal and served via an automatic email generated by the Florida Courts E-Filing Portal to: Jonathan Meisels, Esq. and Olivia Soden, Esq., Robertson, Anschutz & Schneid, P.L., 6409 Congress Avenue, Suite 100, Boca Raton, FL 33487 (mail@rasflaw.com); Michael D. Ginsberg, Esq., Attorney for Defendant ISPC, 1115 Gunn Hwy, Suite 100, Odessa, FL 33556 (fc- ispc@theispc.com); Wanda Agosto-Rodriguez, 6826 Derrick Drive, Orlando, FL 32818; Wanda Agosto-Rodriguez, 1980 Garwood Drive, Orlando, FL 32822; Rafael Agosto, 6826 Derrick Drive, Orlando, FL 32818; Rafael Agosto, 1980 Garwood Drive, Orlando, FL 32822. BLANK ROME LLP 500 E. Broward Blvd., Suite 2100 Ft. Lauderdale, FL 33394 Telephone: 954-512-1800 Facsimile: 954-512-1818 /s/ Daniel S. Hurtes DANIEL S. HURTES Florida Bar No. 69104 DHurtes@BlankRome.com BRFLeservice@BlankRome.com NICOLE R. TOPPER Florida Bar No. 558591 NTopper@BlankRome.com 140383.04648/106637419v.1