MOTION TO DISMISS:DEFTS MOTION TO DISMISS THE AMENDED COMPLAINT

On April 9, 2008 a nonhomestd mf $250,000-more case was filed by Deutsche Bank National Trust Company As Trustee, and Deutsche Bank N T Company As Indenture Trustee, represented by Humphrey, Kimberly A, in the jurisdiction of St. Lucie County. Judge Oldehoff, Julie presiding.

                        
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IN CIRCUIT COURT, NINETEENTH JUDCIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 562008 CA003079 DEUTSCHE BANK TRUST COMPANY AMERICAS, formerly known as BANKER’S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN, & on 4 Plaintiff, Sk wo vs. 0 JEROME B. PERLMUTTER, et al., » o Defendants. / MOTION TO DISMISS The Defendant JEROME B. PERLMUTTER (herein “Perlmutter”), by and through his undersigned attorney, files this Motion to Dismiss the Amended Complaint filed herein and in support thereof would state as follows: 1. The Plaintiff in this action is named DEUTSCHE BANK TRUST COMPANY AMERICAS, formerly known as BANKER’S TRUST COMPANY, AS TRUSTEE AND CUSTODIAN (herein “Deutsche Bank”). 2. The Mortgage attached to Deutsche Bank’s Complaint defines the Lender as Saxon Mortgage, Inc., on the first page in the section denominated “Definitions.” 3. Nowhere in the name of the Plaintiff does the name Saxon Mortgage, Inc. appear. 4. On or about April 24, 2008, the Defendant received …

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