Date of Printing: Jun 17, 2011 KEYCITE Deutsche Bank Nat. Trust Co. v. Suttles, 2011 WL 87374 (Fla.Cir.Ct.

,Jan 04, 2011) (NO. 2008-CA-13081) History Direct History

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1 Deutsche Bank Nat. Trust Co. v. Suttles, 2011 WL 87374 (Trial Order) (Fla.Cir.Ct. Jan 04, 2011) (NO. 2008-CA-13081)

Court Documents Trial Court Documents (U.S.A.)

Fla.Cir.Ct. Trial Pleadings 2 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee under the Fooling and Servicing Agreement Dated as of August 1, 2007, GSAMP Trust 2007-HSBC1, Plaintiff, v. Woodfin George SUTTLE a/k/a Woodfin George Suttles, III; the Unknown Spouse of Woodfin George Suttle a/k/a Woodfin George Suttles, III; Suzanne, 2008 WL 8236087 (Trial Pleading) (Fla.Cir.Ct. 2008) Mortgage Foreclosure Complaint (NO. 162008CA013081-XXXX-)

Fla.Cir.Ct. Trial Motions, Memoranda And Affidavits 3 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee Under the Pooling and Servicing Agreement Dated as of August 1, 2007, Gsamp Trust 2007-HSBC1, Plaintiff, v. WOODFIN GEORGE SUTTLES, et al., Defendants., 2010 WL 5572719 (Trial Motion, Memorandum and Affidavit) (Fla.Cir.Ct. Aug. 6, 2010) Deutsche Bank's Motion to Dismiss Counterclaims and Strike Affirmative Defenses (NO. 2008-CA-13081) 4 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee Under the Pooling and Servicing Agreement Dated as of August 1, 2007, GSAMP Trust 2007-HSBC1, Plaintiff, v. Woodfin George SUTTLES, et al., Defendants., 2010 WL 5867309 (Trial Motion, Memorandum and Affidavit) (Fla.Cir.Ct. Aug. 6, 2010) Deutsche Bank's Motion to Dismiss Counterclaims and Strike Affirmative Defenses (NO. 2008-CA-13081) 5 DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee Under the Pooling and Servicing Agreement Dated as of August 1, 2007, GSAMP Trust 2007-HSBC1, Plaintiff, v. Woodfin George SUTTLES, et al., Defendants., 2011 WL 727556 (Trial Motion, Memorandum and Affidavit) (Fla.Cir.Ct. Jan. 4, 2011) Order Granting Plaintiff's Motion to Strike Affirmative Defenses and Abating Counterclaims (NO. 2008-CA-13081)

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2011 WL 87374 (Fla.Cir.Ct.)

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Circuit Court of Florida, Fourth Judicial Circuit. Duval County DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee Under the Pooling and Servicing Agreement Dated as of August 1, 2007, GSAMP Trust 2007-HSBC1, Plaintiff, v. Woodfin George SUTTLES, et al., Defendants. No. 2008-CA-13081. January 4, 2011. Division: FC-C Order Granting Plaintiff's Motion to Strike Affirmative Defenses and Abating Counterclaims Patricia L. Parker, Esq., counsel for Woodfin George Suttles and Suzanne M. Suttles, Parker & Dufresne, P.A., 8777 San Jose Boulevard, Suite 301, Jacksonville, FL 32217.William P. Heller, Esq., Joseph S. Troendle, Esq., cocounsel for Plaintiff, Akerman Senterfitt, 50 N. Laura Street, Suite 3100, Jacksonville, FL 32202.Courtney Jared Bannan, Esq., co-counsel for Plaintiff, Urden Law Offices, P.C., 4651 Sheridan Street, Suite 460, Hollywood, FL 33021. A.C. Soud, Jr., Judge. This matter came before the Court on Plaintiffs Motion to Dismiss Counterclaims and Strike Affirmative Defenses. After reviewing the relevant motions and pleadings and hearing the parties' arguments, the Court finds that the affirmative defenses are due to be stricken and that the counterclaims should be abated pending resolution of Plaintiffs foreclosure claim. As stated at the January 3, 2011 hearing, the Court finds that the borrower defendants in this foreclosure are not parties to or third-party beneficiaries of the underlying pooling and servicing agreement (PSA). Therefore, the affirmative defenses based on Plaintiff's failure to comply with the terms of the PSA must be stricken. Regarding Defendants' affirmative defense that the pooling and servicing agreement requires plaintiff to demonstrate assignment of the loan in accordance with New York law, the Court finds that Florida law-not New York law-applies to Plaintiffs standing to enforce the note and mortgage in this case. This finding accords with the choice of law provision contained in the mortgage. To the extent the borrowers allege Plaintiff lacks capacity or standing to enforce the note and mortgage under Florida law, see Riggs v. Aurora Loan Services, LLC, 36 So.3d 932 (Fla. 4th DCA 2010), or that illegal charges have been added to the loan balance, these defenses amount to mere denials which the Court will address on summary judgment or at trial. Finally, Defendants' counterclaims for declaratory judgment and violation of the Florida Consumer Collection Practices Act both relate to Plaintiffs alleged lack of standing to enforce the note and mortgage, which has not yet been adjudicated. To facilitate the speedy resolution of the foreclosure in this division, the Court will defer ruling on Plaintiffs Motion to Dismiss Counterclaims pending resolution of Plaintiffs foreclosure claim. In the meantime, all discovery on the counterclaims shall be stayed. If the Court finds that Plaintiff is not entitled to final judgment of foreclosure, the Court may transfer this case to the civil division for hearing or trial.

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2011 WL 87374 (Fla.Cir.Ct.)

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Accordingly, it is hereby ORDERED AND ADJUDGED: 1. Plaintiffs Motion to Strike Affirmative Defenses is GRANTED and Defendants' affirmative defenses are STRICKEN. 2. Defendants' counterclaims are ABATED and discovery on the counterclaims is STAYED pending resolution of Plaintiffs foreclosure claim, at which time the Court will address Plaintiffs Motion to Dismiss Counterclaims. DONE AND ORDERED, in chambers, at Duval County, Florida, this ___ day of ___, 2011. _ Senior Presiding Judge Copies to: Patricia L. Parker, Esq., counsel for Woodfin George Suttles and Suzanne M. Suttles, 8777 San Jose Boulevard, Suite 301, Jacksonville, FL 32217; Joseph S. Troendle, Esq., co-counsel for Plaintiff, 50 N. Laura Street, Suite 3100, Jacksonville, FL 32202; Courtney Jared Bannan, Esq., co-counsel for Plaintiff, 4651 Sheridan Street, Suite 460, Hollywood, FL 33021. Deutsche Bank Nat. Trust Co. v. Suttles 2011 WL 87374 (Fla.Cir.Ct. ) (Trial Order ) END OF DOCUMENT

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