IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

BANK OF AMERICA, N.A.,

Plaintiff,

vs. Case No.

Division
ELIZABETH J. MOSS, et al.

Defendants

__________________________________/

ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT, ON TOP OF

THE WORLD CONDOMINIUM ASSOCIATION, INC.

COMES NOW, Defendant ON TOP OF THE WORLD CONDOMINIUM

ASSOCATION, INC. (OTOW), by and through its undersigned counsel, in response to
Plaintiff’s complaint submits the following answers and affirmative defenses:

COUNT I – MORTGAGE FORECLOSURE

1. OTOW admits the allegations contained in ¶ 1 of Plaintiff’s Complaint for

jurisdictional purposes only.

2. OTOW admits that that a notice was attached to the complaint, the remainder of

¶ 2 is denied for lack of knowledge and/or information to form a belief therein.

3. OTOW admits that a Promissory Note was executed on June 9, 2004, the

remainder of ¶ 3 is denied for lack of knowledge and/or information to form a

belief therein.

4. OTOW denies the allegations contained in ¶ 4 for lack of knowledge and/or

information to form a belief therein.

5. OTOW admits that Elizabeth J. Moss is the record owner, the remainder of ¶ 5 is

denied for lack of knowledge and/or information to form a belief therein.

6. OTOW denies the allegations contained in ¶ 6 for lack of knowledge and/or

information to form a belief therein.

7. OTOW denies the allegations contained in ¶ 7 for lack of knowledge and/or

information to form a belief therein.

8. OTOW denies the allegations contained in ¶ 8 for lack of knowledge and/or

information to form a belief therein.

9. OTOW denies the allegations contained in ¶ 9 for lack of knowledge and/or

information to form a belief therein.

10. OTOW denies the allegations contained in ¶ 10 for lack of knowledge and/or

information to form a belief therein.

11. OTOW denies the allegations contained in ¶ 11.

12. OTOW denies the allegations contained in ¶ 12 for lack of knowledge and/or

information to form a belief therein.

13. OTOW admits that OTOW has an interest or claim in the Property. To the extent

¶ 13 states otherwise it is denied.

14. OTOW denies the allegations contained in ¶ 14 for lack of knowledge and/or

information to form a belief therein.

COUNT II – RE-ESTABLISHMENT OF NOTE

15. OTOW admits the allegations contained in ¶ 15 of Plaintiff’s Complaint for

jurisdictional purposes only.

16. OTOW restates its answers to the allegations incorporated by ¶ 16.

17. OTOW denies the allegations contained in ¶ 17 for lack of knowledge and/or

information to form a belief therein.

18. OTOW denies the allegations contained in ¶ 18 for lack of knowledge and/or

information to form a belief therein.

19. OTOW admits that the Note is the best evidence of its contents, to the extent ¶ 19

states otherwise it is denied.

20. OTOW denies the allegations contained in ¶ 20 for lack of knowledge and/or

information to form a belief therein.

21. OTOW denies the allegations contained in ¶ 21 for lack of knowledge and/or

information to form a belief therein.

AFFIRMATIVE DEFENSES

1. As a first Affirmative Defense to the Complaint, this Defendant, OTOW, alleges

that pursuant to Chapter 718.116 (1)(b) 1 and 2, Florida Statutes, should the

Plaintiff purchase the property at foreclosure sale, the interest of this Defendant is

superior to that of Plaintiff to the extent provided in the above statutory

provisions. Provided further that the interest of this Defendant, OTOW, is

superior in right and time to any other person or entity that might purchase the

property at foreclosure sale.

2. As a second Affirmative Defense to the Complaint, Defendant, OTOW, alleges

that it is owed a continuing obligation from the Defendant, ELIZABETH J.

MOSS, for community service fees, sometimes referred to as management and

maintenance fees, including late fees and attorneys' fees. This Defendant prays

the Court will adjudicate the equity of the parties and in the event there is a

foreclosure and foreclosure sale, that the Court establish the amount due and

owing unto Defendant, OTOW.

3. As a third Affirmative Defense to the Complaint, Defendant, OTOW, alleges that

any mortgage held by the Defendant is not a mortgage on real property.

DATED this __________ day of ___________, 2007

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on _______________ a copy of the foregoing Answer

and Affirmative Defenses has been furnished to:

Roger D. Bear
Echevarria, Codilis & Stawlarski
P.O. Box 25018
Tampa, FL 33622-5018
Attorney for Plaintiff

Elizabeth J. Moss
2371 Israeli Dr., #41
Clearwater, FL 33763
Defendant

______________________________
Michael F. Uzdavines, Esq.
UZDAVINES LAW GROUP, P.A.
P.O. Box 6176
Palm Harbor, FL 34684
(727) 723-0008
Fla. Bar No.: 0662046