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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL

CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA,

DEUTSCHE BANK NATIONAL TRUST


COMPANY , AS TRUSTEE
Plaintiff,
Case No.: 07-24338-CACE
vs. DIVISION: 02
.
JAMES DELIA, MARIA CENTENO a/k/a MARIA
DELIA
Defendants.
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DEFENDANT’S MOTION TO SET AMOUNT OF REDEMPTION

Comes now Defendant James Delia, Pro Se, seeking an amount of redemption to be set
based on the following:

1. Plaintiff is claiming fees and costs that were not provided by contract nor
disclosed in the Good Faith Estimate nor in any other document relating to the
subject loan and or subject litigation.
2. The originating “Lender” on the subject Note and Mortgage is “Meritage
Mortgage Company”.
3. The foreclosing party is Deutsche Bank.
4. No assignment has been produced or recorded.
5. According to sworn filings by both Deutsche Bank and Meritage Mortgage
Company filed with the Securities Exchange Commission (SEC) 8K and 10 k
filings Meritage Mortgage Company was paid the full amount of the principal due
as stated on the subject note by a party other than Deutsche Bank.
6. According to the above referenced Security Exchange Commission filings the
subject mortgage or note were transmitted, transferred or assigned to a trustee
serving unknown third parties in combination with other assets including
mortgages or notes from unrelated borrowers in combination with mortgages,
notes, or property unrelated to the subject property.
7. According to said Securities Exchange Commission filings the pool of assets was
divided by an undisclosed formula in which the subject mortgage or note was
included in a segment of the aforesaid pool that was allocated to one or more of
the divisions (TRANCHES) of a special purpose vehicle whose name has never
been disclosed and which issued certificates of asset backed securities each of
which represented a share of the mortgage or note. A Copy of the last letter is
attached hereto and made a part hereof.
8. Therefore the only parties possessing a possible claim for non-payment and the
only parties possessing a possible claim of status as holders in due course are the
owners of said certificates of asset backed securities (mortgage backed securities).
9. Movant possesses standing under the law of this case, in as much as a movant was
sued by plaintiff as party defendant and asserts rights of redemption subject to
affirmative defenses and counter claims under the Federal Truth In Lending Act
which has not been waived and is not subject to res judicata.
10. Movant asserts and swears that plaintiff Deutsche Bank has committed fraud upon
this court by asserting and alleging its ownership of the subject mortgage and note
despite its actual knowledge that said ownership had been pledged to the owners
of the aforementioned certificates of asset backed securities.
11. Further movant asserts and swears that Deutsche Bank has committed a fraud
upon this court when it had actual knowledge that Meritage Mortgage Company
had been paid in full and nonetheless alleged that the subject note was not paid.
12. Further movant asserts and swears that plaintiff Deutsche Bank has committed
fraud upon this court by asserting and alleging non-payment when it had actual
knowledge of the existence of credit insurance, credit reserve pool, credit default
swap, over collateralization and cross collateralization in which the payments of
borrowers in other non-related loan transactions were pledged to cover
deficiencies in payment or payments under the subject note and where actual
payments from the subject borrower on the subject note were pledged to cover
deficiencies in the payments due from unrelated borrowers on unrelated notes, in
direct breach of the terms of the subject mortgage and note.
13. Accordingly, the Judgment of Foreclosure and Order of Sale was obtained by the
direct fraud of Deutsch Bank and lack of due diligence of its attorney, who was
put on notice at the last hearing of all these issues and continued to prosecute a
case that is completely without merit or basis upon which any relief should be
granted to the Plaintiff, Deutsch Bank.
14. Therefore the value of the redemption is the amount due Deutsch Bank as
“lender” in this foreclosure action and said amount is zero.
15. Movant advises the Court that Deutsch Bank and Meritage have been found to
have committed exactly the kind of acts under virtually the same conditions in
dozens of cases across the country and the State of Florida and that numerous
criminal investigations and/or civil suits have been launched by the attorney
generals of multiple states alleging these facts along with other breaches of
statutory and common law duties.
16. If this Court were to grant the relief sought by the Plaintiff, the plaintiff will
have obtained title and possession of real property for which it has paid
nothing.
17. Even if the Plaintiff wishes to plead that it represents the originating lender, there
is no such agreement or document before the court, no authorized person who has
testified, or been subjected to cross examination, (although Deutsch Bank has
been found to employ the use of third parties to act as officers to sign fictitious
affidavits in other states) and even if the Plaintiff had fulfilled those premises, it
cannot overcome the fact that Meritage and others have been paid in full plus fees
long before the alleged default by the borrower(s) in this cause.

Wherefore Defendant, James Delia, hereby demands the court to enter an order
declaring the amount of redemption to be $0 (zero) and the judgment, mortgage and
note to be fully satisfied with title reverting to the Defendant James Delia.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via
regular U.S. Mail to: POPKIN AND ROSALER, P.A., Attorney for the Plaintiff, 1701 West
Hillsboro Boulevard Suite 302, Deerfield Beach, FL. 33442 on this 26th day of September,
2008.

JAMES DELIA
Pro Se Defendant
2234 Thomas St
Hollywood, FL 33020
Phone: 786-237-8230

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