Preview
Filing # 78235264 E-Filed 09/21/2018 11:43:36 AM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY, FLORIDA
NAVY FEDERAL CREDIT UNION,
Plaintiff,
VS, Case No. 2018 CA 001978
NORMAN LAMERE III; PATRICIA
LAMERE, et. al.,
Defendants.
/
ANSWER AND AFFIRMATIVE DEFENSE OF DEFENDANT CRESCENT HILLS
HOMEOWNERS ASSOCIATION, INC.
COMES NOW Defendant, CRESCENT HILLS HOMEOWNERS ASSOCIATION, INC.
(“the Association”), by and through its undersigned counsel, and answers the Verified Complaint
for Foreclosure of Mortgage herein, as follows:
COUNT I
1 Defendant, Association, admits paragraphs numbered | and 2 of the Verified
Complaint for Foreclosure of Mortgage for jurisdictional purposes only.
2. Defendant, Association, is without knowledge as to the allegations contained in
paragraphs numbered 3 through and including 12 of the Verified Complaint for Foreclosure of
Mortgage and therefore denies the same.
3 Defendant, Association, admits that the Association may claim some interest or
lien on the subject property for unpaid assessments and is without knowledge as to the remaining
allegations contained in paragraph number 13 of the Verified Complaint for Foreclosure of
Mortgage.
4 Defendant, Association, is without knowledge as to the allegations contained in
paragraphs 14 and 15 of the Verified Complaint for Foreclosure of Mortgage and. therefore
denies the same.
5 Defendant, Association, denies each and every allegation not expressly admitted
herein.
6 Defendant, Association, has retained the undersigned attorneys to represent it in
this case and is required to pay them a reasonable fee for their services, and is entitled to recover
the same as allowed by law.
7 Defendant, Association, reserves the right to file a cross-claim action against
Defendants, NORMAN LAMERE III and PATRICIA LAMERE.
WHEREFORE, Defendant CRESCENT HILLS HOMEOWNERS ASSOCIATION,
INC. respectfully requests that this Court reserve jurisdiction to determine the relative priority of
said Defendant in and to the excess proceeds, if any, of any judicial sale of the subject property,
to award attorney’s fees and costs, and to provide such other and further relief as deemed just
and proper.
AFFIRMATIVE DEFENSE
Pursuant to Section 720.3085, FS (2008), as amended, a parcel owner, regardless of how
his or her title to property has been acquired, is liable for all assessments that come due while he
or she is the parcel owner, and is jointly and severally liable with the previous parcel owner for
all unpaid assessments that came due up to the time of transfer of title. The First Mortgagee’s
liability is limited to securing special assessments and regular assessments in the twelve months
prior to title transfer or one percent of the original mortgage debt, whichever is less.
ANDERSON & GIVENS, P.A.
By: /s/ David J. Fredericks
David J. Fredericks, Esq.
DFredericks@andersongivens.com
ollections@AndersonGivens.com
1689 Mahan Center Blvd., Suite B
Tallahassee, Florida 32317-2613
(850) 692-8900
Florida Bar No. 84185
Counsel for Defendant CRESCENT HILLS
HOMEOWNERS ASSOCIATION, INC.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to
William Cobb, Esquire, Brock & Scott, PLLC, 1501 N.W. 49" Street, Suite 200, Fort
Lauderdale, Florida 33309 by U.S. Mail and email at fleourtdocs@brockandscott.com and this
21* day of September, 2018.
/s/ David J. Fredericks
David J. Fredericks, Esquire
Preview
Filing # 78235264 E-Filed 09/21/2018 11:43:36 AM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA NAVY FEDERAL CREDIT UNION, Plaintiff, VS, Case No. 2018 CA 001978 NORMAN LAMERE III; PATRICIA LAMERE, et. al., Defendants. / ANSWER AND AFFIRMATIVE DEFENSE OF DEFENDANT CRESCENT HILLS HOMEOWNERS ASSOCIATION, INC. COMES NOW Defendant, CRESCENT HILLS HOMEOWNERS ASSOCIATION, INC. (“the Association”), by and through its undersigned counsel, and answers the Verified Complaint for Foreclosure of Mortgage herein, as follows: COUNT I 1 Defendant, Association, admits paragraphs numbered | and 2 of the Verified Complaint for Foreclosure of Mortgage for jurisdictional purposes only. 2. Defendant, Association, is without knowledge as to the allegations contained in paragraphs numbered 3 through and including 12 of the Verified Complaint for Foreclosure of Mortgage and therefore denies the same. 3 Defendant, Association, admits that the Association may claim some interest or lien on the subject property for unpaid assessments and is without knowledge as to the remaining allegations contained in paragraph number 13 of the Verified Complaint for Foreclosure of Mortgage. 4 Defendant, Association, is without knowledge as to the allegations contained in paragraphs 14 and 15 of the Verified Complaint for Foreclosure of Mortgage and. therefore denies the same. 5 Defendant, Association, denies each and every allegation not expressly admitted herein. 6 Defendant, Association, has retained the undersigned attorneys to represent it in this case and is required to pay them a reasonable fee for their services, and is entitled to recover the same as allowed by law. 7 Defendant, Association, reserves the right to file a cross-claim action against Defendants, NORMAN LAMERE III and PATRICIA LAMERE. WHEREFORE, Defendant CRESCENT HILLS HOMEOWNERS ASSOCIATION, INC. respectfully requests that this Court reserve jurisdiction to determine the relative priority of said Defendant in and to the excess proceeds, if any, of any judicial sale of the subject property, to award attorney’s fees and costs, and to provide such other and further relief as deemed just and proper. AFFIRMATIVE DEFENSE Pursuant to Section 720.3085, FS (2008), as amended, a parcel owner, regardless of how his or her title to property has been acquired, is liable for all assessments that come due while he or she is the parcel owner, and is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. The First Mortgagee’s liability is limited to securing special assessments and regular assessments in the twelve months prior to title transfer or one percent of the original mortgage debt, whichever is less. ANDERSON & GIVENS, P.A. By: /s/ David J. Fredericks David J. Fredericks, Esq. DFredericks@andersongivens.com ollections@AndersonGivens.com 1689 Mahan Center Blvd., Suite B Tallahassee, Florida 32317-2613 (850) 692-8900 Florida Bar No. 84185 Counsel for Defendant CRESCENT HILLS HOMEOWNERS ASSOCIATION, INC. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to William Cobb, Esquire, Brock & Scott, PLLC, 1501 N.W. 49" Street, Suite 200, Fort Lauderdale, Florida 33309 by U.S. Mail and email at fleourtdocs@brockandscott.com and this 21* day of September, 2018. /s/ David J. Fredericks David J. Fredericks, Esquire