IN THE COUNTY COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY FLORIDA DEUTSHE BANK NATIONAL

TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES ARSI 2006-M3 Plaintiff, vs. MONIQUE ROSE-LONG, ET AL. Defendant. MONIQUE ROSE-LONGS AMENDED MOTION TO DISMISS COMPLAINT The Defendant, MONIQUE ROSE-LONG (Ms. Rose-Long) by and through THE LAW OFFICE
OF

Case No.: 11-023778

MARIO R. THEODORE, P.A. (Firm) under Florida Rule of Civil

Procedure 1.420(b), respectfully requests this Honorable Court to enter an order dismissing Plaintiffs complaint (Complaint) for the following reasons: PLAINTIFF LACKS STANDING TO BRING SUIT BECAUSE THE ASSIGNMENT OF MORTGAGE IS FALSE 1. Plaintiff filed its Complaint on October 5, 2011 and served Ms. Rose-

Long on October 11, 2011. 2. On or about July 27, 2006, Ms. Rose-Long appears to have executed a

mortgage in favor of Argent Mortgage Company, LLC (Argent). See Exhibit A attached and made part of this motion. 3. On or about that same date, Ms. Rose-Long appears to have delivered a

promissory note to Argent. See Exhibit B attached and made part of this motion. 4. Paragraph 4 of the Complaint claims Ms. Rose-Longs mortgage was

assigned to Plaintiff and that the assignment from Argent to Plaintiff (Assignment) was attached to the Complaint as exhibit B. 5. The Assignment purports to be effective October 10, 2006 but is not
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witnessed or signed by an agent of Argent until November 25, 2008. 6. Moreover, the Assignment is not witnessed or notarized until November

25, 2008. See Exhibit C attached and made part of this motion. 7. The effective date prior to proper execution is invalid. Consequently the

effective date of the Assignment would logically be November 25, 2008. 8. Consequently, the alleged Assignment is a fraudulent document.

ARGENT MORTGAGE COMPANY, LLC THROUGH CITI RESIDENTIAL LENDING, INCS ASSIGNMENT IS INVALID BECAUSE NEITHER ENTITY EXISTED AT THE TIME OF THE ALLEGED EFFECTIVE DATE 9. As previously stated, the effective date on the alleged assignment list

October 1, 2006. 10. The Lender on the copy of Ms. Rose-Longs mortgage is listed as

Argent Mortgage Company, LLC a Limited Liability Company organized and existing under the laws of Delaware. 11. A review of Argents status with the Delaware Division of Corporations at

https://delecorp.delaware.gov/tin/controller, reveals Argent was incorporated on July 3, 2001. See Exhibit D attached and made part of this motion. 12. The Assignment alleges Argent executed the Assignment through its

attorney-in-fact Citi Residential Lending Inc (Citi Residential). 13. However, a review of Citi Residentials status with the California Division

of Corporations at http://kepler.sos.ca.gov/cbs.aspx, reveals Citi Residential filed for corporate status on August 21, 2001 and is a Delaware corporation. See Exhibit E attached and made part of this motion. 14. Moreover, a review of Citi Residentials status with the Delaware Division

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of Corporations at https://delecorp.delaware.gov/tin/controller, reveals Citi Residential did not become a legal entity in Delaware until July 24, 2007. See Exhibit F attached and made part of this motion. 15. Consequently, Argent through Citi Residential could not have executed

the Assignment with an effective date of October 1, 2006 because Citi Residential did not legally exist and therefore had no legal authority to execute or make the Assignment effective in 2006. SIGNATURE OF ALLEGED ASSIGNORS AGENT APPEARS FORGED WHEN COMPARED TO PREVIOUS SIGNATURES ON OTHER DOCUMENTS 16. The Assignment lists DEBBIE LEE as Argents Authorized Agent and

bears her alleged signature on the Assignment. See Exhibit C. 17. Oddly, undersigned counsel found another assignment from Argent to

Plaintiff in another matter dated March 7, 2008 which bears the signature of Debbie Lee as a witness to the execution and the signature is clearly different from that on the Assignment in this case. See Exhibit G attached and made part of this motion. 18. Consequently, it appears DEBBIE LEES signature has been

compromised, or more egregious appears the name DEBBIE LEE is used as a robosigner to assist in creating forged or unauthentic assignments. PLAINTIFFS ASSIGNMENT OF MORTGAGE HAS A FORGED NOTARIAL SIGNATURE AND IS THEREFORE INVALID AND FRAUDULENT 19. The Assignment of Mortgage attached to Plaintiffs Complaint lists Maila

Matanguihan (Ms. Matanguihan) as the Notary who notarized the Assignment and witnessed DEBBIE LEEs signature on November 25, 2008. See Exhibit C. 20. In November 2008, Ms. Matanguihan was allegedly a licensed notary

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under the laws of the State of California. 21. Undersigned counsel contacted the California Secretary of States Notary

Division and requested a Certified Copy of Ms. Matanguihans Notary Public Oath and Certificate of Filing (Signed Oath) to verify her signature. 22. On December 6, 2011, undersigned counsel received Ms. Matanguihans

Signed Oath revealing a signature that in no way whatsoever, resembles her alleged signature on the Assignment. See Exhibit H attached and made part of this motion. 23. The logical conclusion to the discrepancy is that Ms. Matanguihans

signature on the Assignment is forged, therefore rendering the Assignment a fraudulent document. WHEREFORE, Defendant Monique Rose-Long respectfully requests this Honorable Court to enter an Order dismissing Plaintiffs Complaint for the reasons set forth above. I HEREBY CERTIFY that a copy of this Motion to Dismiss has been furnished to Suly M. Espinoza, Frenkel Lambert Weiss Weisman & Gordon, LLP, 440 North Andrews Avenue, Ft. Lauderdale, Florida 33301, by delivery via 1st Class U.S. Mail and facsimile ((954) 603-3463) on December 7, 2011. Respectfully submitted,
THE LAW OFFICE OF MARIO R. THEODORE, P.A.

By: __________________________ Mario R. Theodore, Esq. Florida Bar Number 0038195 9900 W. Sample Road, Suite 318 Coral Springs, Florida 33065 Tel: (954) 825-0435 Fax: (954) 825-0437 www.MRTLawfirm.com
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