Answer: Wells Fargo Bank, NA vs Miguel A Vergara

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                                CAUSE NO.              -280086

WELLS FARGO BANK N.A.                           §                   IN THE DISTRICT COURT
    Plaintiff,
                                                §
                                                §                   240 JUDICIAL DISTRICT
                                                §
  IGUEL A. VERGARA                              §
     Defendant.                                 §              FORT BENDCOUNTY, TEXAS


                      DEFENDANT ORIGINAL ANSWER AND
                   REQUESTS FOR DISCLOSURE TO THE PLAINTIFF


TO THE HONORABLE JUDGE OF SAID COURT:

        COMES NOW, Defendant             IGUEL A. VERGARA (“Defendant”) and files this

Defendant’s Original Answer, Affirmative Defenses and Disclosure Request in Response to

Plaintiff’s Original Petition.


                                      GENERAL DENIAL

        Subject to and without waiving any of the foregoing Motions or defenses and as

authorized by Rule 92 of the Texas Rules of Civil Procedure and the Texas Civil Practice and

Remedies Code, and subject to such matters as may be stipulated on the trial hereof, Defendant

generally denies the allegations of Plaintiff’s Original Petition and demands strict proof thereof.


                        AFFIRMATIVE DEFENSES UNDER 94 TRCP

        Defendant denies each and every, all and singular, the allegations contained in the

  aintiff’s Original Petition, and demands strict proof thereof, and thereafter files the following

affirmative defenses in support.



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       Specifically, the Plaintiff lacks the requisite standing to assert its claims as alleged due to

the lack of privity of contract between Plaintiff and the original creditor.

       Defendant asserts the affirmative defense of limitations.


                      DEFENDANT REQUESTS FOR DISCLOSURE

       Disclosure Request. Pursuant to Rule 194 of the Texas Rules of Civil Procedure you are

requested to disclose, within thirty (30) days of this request, the information or material

described in Rule 194.2, including all documents, electronic information, and tangible items that

the Plaintiff has in its possession, custody, or control and may use to support its claims.

                                          IV.
                                 CONCLUSION AND PRAYER

       For These Reasons, Defendant prays that Plaintiff take nothing by its suit, and that

Defendant be granted all relief, both at law and in equity, to which he may be justly entitled to

receive.

                                                       Respectfully submitted,

                                                        OHNSON             RYAN


                                                       By:           Jonathon C. Johnson
                                                               _/S/________________________
                                                                ONATHON          OHNSON
                                                               State Bar No. 24034509
                                                                RAVIS          RYAN
                                                               State Bar No. 24069438
                                                               701 N. Post Oak Road, Suite 140
                                                               Houston, Texas 77024
                                                               (713) 751-0070 (Telephone)
                                                               (713) 751-0075 (Telecopy)
                                                               CHAD@JBLAWTEXAS.COM
                                                               TRAVIS@JBLAWTEXAS.COM

                                                       ATTORN        EYS FOR DEFENDANT
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                              CERTIFICATE OF SERVICE

       , JONATHON C. JOHNSON, certify that a true and correct copy of the Defendant’s
Original Answer and Requests for Disclosure has been sent to the Plaintiff Wells Fargo Bank
     and its counsel of record    Mark Rechner, Esq. Vincent, Lopez, Serafino Jenevein,
    located at 1601 Elm Street, Suite     in Dallas, Texas 75201 on this the          day of



                                                      Jonathon C. Johnson
                                                    _________________________
                                                 JONATHON C. JOHNSON




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