IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR

PINELLAS COUNTY, FLORIDA

DEUTSCHE BANK NATIONAL TRUST

COMPANY, AS TRUSTEE FOR IXIS 2006-HE3,
Plaintiffs CASE NO. 08-13676-CI-11
V

AIDA HAYES, and

HOWARD HAYES, et. al.
Defendants /

DEFENDANT’S SUPPLEMENTANL AFFIRMATIVE DEFENSES

AFFIRMATIVE DEFENSE I

With regard to all counts of the Complaint, the Plaintiff’s claims are barred in

whole or in part, because at the time this Complaint was filed, the Plaintiff was not the

owner or the holder of the Promissory Note in question.

AFFIRMATIVE DEFENSE II

With regard to all the counts of the Complaint, the Plaintiff’s claims are barred in

whole or in part, because at the time the Complaint was filed, the Plaintiff was not

authorized to bring this action by any person who had an interest in the Promissory Note

in question.

AFFIRMATIVE DEFENSE III

With regard to all the counts of the Complaint, the Plaintiff’s claims are barred in

whole or in part, because at the time the Complaint was filed, the Plaintiff was not

authorized to bring this action by any person who was an owner or holder of the

Promissory Note in question.

AFFIRMATIVE DEFENSE IV

With regard to all the counts of the Complaint, the Plaintiff’s claims are barred in

whole or in part, because at the time the Complaint was filed, the Plaintiff was not
authorized to ring or maintain this action by all of the people who had an interest in the

Promissory Note in question.

AFFIRMATIVE DEFENSE V

With regard to all of the counts of the Complaint, the Plaintiff’s claims are barred

in whole or in part, because the Plaintiff lacks standing.

AFFIRMATIVE DEFENSE VI

With regard to all of the counts of the Complaint, the Plaintiff’s claims are barred

in whole or in part, because the Plaintiff lacked standing when the Complaint was filed.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by U.S. Mail on this ____ day of March, 2010 to MEGHAN A. KENEFIC,
Shapiro & Fishman, LLP, 10004 N. Dale Mabry Highway, Suite 112, Tampa, FL 33618.

By:__________________________
MATTHEW D. WEIDNER
Attorney for Defendant
1229 Central Avenue
St. Petersburg, FL 33705
(727) 894-3159
FBN: 0185957