Filed and Attested by

COURT OF COMMON PLEAS PROTHONOTARY

31 Jul 2023 10:48 PM
C. Luna-Valente
CHESTER COUNTY
HSBC BANK USA, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
CIVIL ACTION
DEUTSCHE ALT-B SECURITIES
MORTGAGE LOAN TRUST, SERIES No. 2022-07728-RC
2006-AB2
Plaintiff(s), SECOND DEMAND FOR TRIAL
v. BY JURY
CYNTHIA ZOCCALI, DEFENDANT ZOCCALI’S FIRST
AMENDED OBJECTIONS AND
Defendant
AFFIRMATIVE
DEFENSES/RESPONSES TO
PLAINTIFF’S COMPLAINT

SECOND DEMAND FOR TRIAL BY JURY

DEFENDANT ZOCCALI’S FIRST AMENDED
OBJECTIONS/RESPONSES
AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S COMPLAINT
To the Honorable Court, and all interested parties:
Defendant, Zoccali, hereby submits the following objections and affirmative
defenses to Plaintiff’s Complaint as follows:
First Affirmative Defense
(Lack of Standing)
Plaintiff lacks standing to bring this foreclosure action as they did not
receive any valid rights or obligations from AMERICAN BROKERS
CONDUIT, a non-existent entity.

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 Second Affirmative Defense
(Failure to Comply with Legal Obligations)
Plaintiff failed to provide a necessary Act 91 Notice prior to initiating this
foreclosure action, a requirement under Pennsylvania law.
Third Affirmative Defense
(Statute of Limitations)
Plaintiff’s action is barred by the applicable statute of limitations as the
lawsuit was filed more than four years after the last payment was made to a
party with legal, equitable or contractual rights, title, or interests, to be paid.
AMERICAN BROKERS CONDUIT and/or Plaintiff’s failed to give legally
mandated notice of alleged ‘acquisition’ of rights directly from AMERICAN
BROKERS CONDUIT, which had to occur on or before the August 6, 2007,
U.S. Bankruptcy Court proceeding in Delaware.
Zoccali alleges tolling of any statute of limitation(s) on Zoccali’s part, as
there has been no bona fide party from 2007 to the alleged ‘assignment’ in
2015, to have been ‘paid’ by Zoccali; or that any valid entity has sought nor
successfully acquired Zoccali’s strict knowledge, consent and authorization
to engage in financial transaction without strict disclosure and notice of who
or what exactly Zoccali was, had been or is now being coerced into paying,
again, when it is apparent AMERICAN BROKERS CONDUIT, legally
defunct by the 2007 AHM bankruptcy proceeding when AHM was acquired
in 2010 by
Which means any remittances of money was not to AMERICAN BROKERS
CONDUIT nor any known or disclosed party, which means Plaintiff's,
claims of a ‘2015’ alleged assignment by AMERICAN BROKERS
CONDUIT was over 7 years ago with no legal notices or disclosures within
30 days of any sale, transfer, or conveyance of AMERICAN BROKERS
CONDUIT’s purported ‘mortgage.’ Rendering the ‘destination’ of every
single financial submission of Zoccali’s money was not being directed to
any bona fide entity, at least none disclosed to Zoccali, if Zoccali’s alleged
co-principal never provided Zoccali with any disclosures or notices of any
sales, transfers or conveyances, then no party absent legal compliance of
statutory duties and conditions precedent in the alleged “AMERICAN

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BROKERS CONDUIT” mortgage were ever met, thus AMERICAN
BROKERS CONDUIT and not Zoccali, breached a ‘contract’ if one ever
legally existed to be ‘enforced’ sold, transferred, conveyed, securitized,
collateralization Zoccali’s subject real property ownership title.

Fourth Affirmative Defense

(Lack of Capacity to Sue)
Plaintiffs lack the capacity to sue as they are not registered to do business
in the Commonwealth of Pennsylvania.
Fifth Affirmative Defense
(Failure to Join Necessary Parties)
Plaintiff failed to name all necessary parties with a bona fide legal interest
in the subject matter of this lawsuit. Interests that must be supported by
legal evidence of lawfully existing, and enforceable, timely ‘documents.’
The Chester Co. Recorder of Deeds does not reflect any bona fide party
having complied with any terms or conditions within the AMERICAN
BROKERS CONDUIT ‘mortgage’ or known of, agreed to, or consented by
both principals, not just AMERICAN BROKERS CONDUIT.
Sixth Affirmative Defense
(Improper Verification)
The Complaint is improperly verified by an individual with no legal authority
or first-hand knowledge of the alleged facts.
Commonwealth of Pennsylvania rules regarding verification of pleadings
pursuant to Pennsylvania Rules of Civil Procedure, Rule 1024, state that
every pleading containing an averment of fact not appearing of record in
the action or containing a denial of fact shall be verified on oath or
affirmation.
The verification must state that the averments of fact are true and correct to
the best of the verifier’s knowledge, information, and belief and that any
false statements are subject to penalties of perjury.

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The alleged ‘verification’ is not by one with first-hand personal knowledge
or information on behalf of the alleged ‘assignor’ being American Brokers
Conduit – who has been legally defunct since 2007. There is no record of
AMERICAN BROKERS CONDUIT having sold, transferred, assigned, or
conveyed any of AMERICAN BROKERS CONDUIT’s interest in the
AMERICAN BROKERS CONDUIT (alleged) ‘mortgage’ nor evidence
AMERICAN BROKERS CONDUIT transferred rights to enforce the
AMERICAN BROKERS CONDUIT ‘note’ by endorsement to PHH Mortgage
Corporation in 2006 as PHH Mortgage Corporation was acquired by The
Blackstone Group/GECC/Pearl and Jade, on March 15, 2007.
Therefore, rights to the “AMERICAN BROKERS CONDUIT” alleged
financial product were acquired by the Blackstone/GE/Pearl/Jade entities,
per the March 15, 2007, agreements.
PHH Mortgage Corporation also, was never licensed in the Commonwealth
of Pennsylvania to engage in any ‘real estate’ transactions involving real
property situated in the Commonwealth of Pennsylvania until February 14,
2009. Which was after the AHM 2007 Bankruptcy. Which PHH Mortgage
Corporation was not a party to either AMERICAN BROKERS CONDUIT or
AHM and had no legal nexus to the AHM bankruptcy estate of August 6,
2007.
Or PHH Mortgage Corporation failed to give any legally mandated notices
or disclosures of 2006 transactions involving the AMERICAN BROKERS
CONDUIT ‘mortgage’ and/or ‘note’ which had to be noticed to Zoccali
within 30 days of any sales, transfers or conveyances that were required to
be recorded within 90 days.
Zoccali, to date has never received any legal notices or disclosures of any
involvement with PHH Mortgage Corporation, Blackstone Group, et al., or
Freddie Mac having acquired any legal, equitable or a contractual rights,
title or interests in the AMERICAN BROKERS CONDUIT or Zoccali’s sole
and separate legal ownership title in the subject real property evidenced by
a Grant Deed of March 2006.
Nor has this Court been provided with any verifiable bona fide legal
evidence of any ‘perfected’ chains of title, commencing with AMERICAN
BROKERS CONDUIT in 2006-2007; but no time thereafter when

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AMERICAN BROKERS CONDUIT/AHM ‘assets’ became property of the
bankruptcy estate in 2007.
The following are raised and preserved by Zoccali as genuine issues of
material facts and/or laws that have not or cannot be disputed in this action
with evidentiary proof, hearings, and discovery, especially of the alleged
“verification” by "Franci Boothney, as “Contract Management Coordinator”
for PHH Mortgage Corporation when PHH Mortgage Corporation is not a
Plaintiff nor 'serviced' on September 20, 2022, a MBS ‘trust’ or ‘trustee’ or
‘bank’ acting as a ‘trustee.’
“Felix Rodriquez” as “Contract Management Coordinator” for PHH
Mortgage Corporation, not a party to the lawsuit or named as any bona fide
real party in interest, or having any legal, equitable or contractual nexus to
Plaintiff's on April 13, 2023, as ‘verified’:
History:
“American Brokers Conduit’ was a division of American Home Mortgage
Holdings, Inc. (AHMHI) which became known as American Home Mortgage
Investment Corp. (AHMIC) in 2003, the new parent company of American
Home Mortgage, when it became a REIT company.
On August 2, 2007, American Home Mortgage and all divisions, closed.
On August 6, 2007, American Home Mortgage filed for Chapter 11
bankruptcy protection in Delaware with all of American Home Mortgage’s
assets sold off.
On September 25, 2007, Michael Strauss, Chief Executive Officer for
American Home Mortgage Investment Corp. and its subsidiaries, American
Home Mortgage Corp., and American Home Mortgage Servicing, Inc.,
American Brokers Conduit, entered into an Asset Purchase Agreement with
AH Mortgage Acquisition Co., Inc. (the "Stalking Horse"), an entity newly
formed by WL Ross & Company, LLC, for the sale of the Company's
mortgage servicing assets and mortgage servicing platform.
In October 2010, Billionaire Wilbur Ross’s mortgage company, the same
named entity in this case, American Home Mortgage Servicing Inc.
(AHMSI), faced lawsuits by attorneys general, sued by homeowners who

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accused AHMSI of using tactics that lead to improper and illegal taking of
properties in foreclosures.
On October 25, 2020, a lawsuit was filed in a Texas federal court on behalf
of homeowners with mortgages serviced by American Home going back to
2006. American Home’s “illegal, unfair and deceptive business practices
victimized borrowers” across the U.S., according to the complaint.
Billionaire Wilbur Ross’s American Home Mortgage Servicing Inc. faced
lawsuits by attorneys general for using tactics that lead to improper
foreclosures.
PHH Mortgage Corporation was also in many federal court actions for
using tactics to lead to improper foreclosures by, among others, 49 state
attorneys general, including Commonwealth of Pennsylvania’s Attorney
General Josh Shapiro, who executed final orders against PHH Mortgage
Corporation in 2017, charging him with duties to monitor and supervise
PHH Mortgage Corporation from engaging in the same conduct and
actions, in this subject case against Zoccali. It was after AG Shapiro’s
announcement in 2017 of the PHH Mortgage Corporation’s nationwide
indictment, at the same time the U.S. Dept. of Justice ex rel; Bozzelli v
PHH Mortgage Corporation criminal indictment was filed for same
violations and wrongdoing. Zoccali was among those ‘victimized by PHH
Mortgage Corporation, and despite 10 years of known civil and criminal
wrongdoing by PHH Mortgage Corporation, which affects 33,000
Pennsylvanians, PHH Mortgage Corporation continues to engage in false
and fraudulent misrepresentations and judicial proceedings in its own
name, when PHH Mortgage Corporation never held any legal, equitable or
a contractual rights, title, or interest in Zoccali’s subject real property
ownership title.
PHH Mortgage Corporation has been indicted since 2001 for accounting,
banking, and servicing fraud first under its former name “Cendant
Corporation” then under its own name PHH Mortgage Corporation, again in
2017, including CFPB v PHH Mortgage Corporation; in addition to lawsuits
in every state of the nation. While Zoccali, has never broken a law, has no
‘rap sheet’ never been indicted, served prison terms, or paid $6 billion in
fines (2001) or $74 million to resolve violations of the False Claims Act
involving Freddie Mac, U.S. Government. Yet PHH Mortgage Corporation

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continues to be allowed to engage protracted, false, and felonious lawsuits
against millions of Americans; begging the question, who were recipients of
$6,074,000,000 paid since 2001? It certainly wasn’t Zoccali. In fact,
Zoccali endeavored to pay-off in full and wind down but could never
ascertain who or what exactly she had been paying, must less ‘wiring’ over
a digital database sum in excess of $180,000.
Which Zoccali further begs, who exactly in this legal scenario was/is to
have the legal authority and standing to cancel the original AMERICAN
BROKERS CONDUIT note and release the original AMERICAN BROKERS
CONDUIT mortgage if it has been legally defunct since August 2007; and
no cognizable party exists to stand in AMERICAN BROKERS CONDUIT’s
shoes; so who is legally as proven by operation of law, to take a penny
from Zoccali, if they have never been conferred any legal, equitable or
contractual rights, title or interest beginning 2007 before AMERICAN
BROKERS CONDUIT became defunct? These queries must be the
subject of Plaintiff’s lawsuit and addressed under the judicial scrutiny of this
Honorable Court.
It is therefore incumbent upon this Court to invoke judicial scrutiny into
Zoccali’s first amended objections and affirmative defenses.
Background:
The entity was formed by affiliates of WL Ross & Co. LLC in November
2007 for the purpose of acquiring the servicing assets of American Home
Mortgage Investment Corp., American Home Mortgage Corp., and
American Home Mortgage Servicing Inc. in the bankruptcy liquidation.
American Home Mortgage Servicing Inc. changed its name to Homeward
Residential Holdings, Inc. in February 2012.
In October 2012, Ocwen announced plans to buy Homeward Residential
Holdings, Inc. from WL Ross & Co. for $750 million. The acquisition was
finalized on Dec.27, 2012.
In 2010, American Home Mortgage Servicing, Inc. (AHMSI), was created to
service loans originated by AHMIC and all its divisions – AHMSI – and not
PHH Mortgage Corporation - serviced its own ‘loans’ which were sold to
Wilbur Ross & Company. The truthful and accurate details as to why, how,
and when exactly PHH Mortgage Corporation became a ‘servicer’ remains

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to be determined in discovery and evidentiary proceedings. Unless and
until discovery and evidentiary proceedings forthcoming, neither Zoccali nor
this Honorable Court will know.
Which therefore warrants an accurate, legal disclosure of all sales,
transfers, and conveyances of the original AMERICAN BROKERS
CONDUIT ‘mortgage and note’ that were required under Commonwealth of
Pennsylvania laws to have been memorialized by recordation in the
Chester Co. Recorder of Deeds within recording laws which were
applicable in 2006-2010 as all sales, transfers and conveyances must be
recorded within 90 days of any sale, transfer or conveyance of real property
situated in the Commonwealth of Pennsylvania.
Since PHH Mortgage Corporation could not legally engage in any real
estate transactions in Commonwealth of Pennsylvania before February 14,
2009, PHH was not a lawfully permitted ‘servicer’ of Zoccali’s real property
ownership title or any alleged ‘security interests’ as none existed post-2007
bankruptcy, and no evidence any party from March 2006 to the alleged
2015 ‘assignment from AMERICAN BROKERS CONDUIT to the Plaintiff
‘trust’ engaged in any proper, lawful or enforceable sales, transfers or
conveyances of the AMERICAN BROKERS CONDUIT ‘mortgage or note’
at any time between 2006 and alleged 2015 ‘assignment’ by AMERICAN
BROKERS CONDUIT who has been legally defunct for 16 years since
2007 could not have possibly or legally ‘assigned’ or ‘transferred’ rights to
enforce AMERICAN BROKERS CONDUIT’s mortgage or note, if no
evidence exists from March 2006, to and including, a May 26, 2015
‘assignment’ Plaintiff’s rely on to support this lawsuit which Zoccali asserts
is neither legal or truthful; but false and fraudulent misrepresentations
made to this Court for the sole purpose of relying on a forged, counterfeit
‘assignment’ in AMERICAN BROKERS CONDUIT’s name, as nothing but a
litigation tool to engage in the illegal and improper taking of property.
Actions Zoccali alleges are in actuality at the behest of the U.S.
Government on behalf of Freddie Mac who was taken into the U.S.
Government’s conservatorship on or around September 4, 2008.
Whereunder Zoccali alleges with confidence Plaintiffs are not being candid
with Zoccali or this Honorable Court, as to who or what exactly the law firm

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actually ‘represents’ and carrying out this action in unethical and illegal
premises.
Zoccali will provide evidence in the form of an example of GSE’s 1998
communications and agreements with law firms participating in the
Government Sponsored Enterprise’s Retained Attorney Network and
Servicing Guide acknowledging that legacy agreements apply in cases like
this one.
Zoccali, therefore, as an affirmative defense regarding no bona fide real
party is party to this lawsuit, asserts under what interest does the United
States have (or has had) in Zoccali’s home loan and/or any aspects of the
purported AMERICAN BROKERS CONDUIT home loan and alleged
security instruments strictly in the name of American Brokers Conduit
thereto.
In this case, American citizens, like Zoccali and her family of minor
children, are threatened with being knowingly and intentionally as
unconstitutional, evicted from their homes as a result of unconstitutional
acts and omissions by the governments of the United States and
Commonwealth of Pennsylvania. While ignoring the legal duties and
mandatory compliances required of Plaintiff or Plaintiff’s in this case. There
is no clear or definitive claim or who or what exactly this law firm, has a
legal representation contract with or who it actually represents being
shielded, using felonious documents as litigation tools and this Court as a
‘debt collection’ agency without conferring requisite subject-matter (in rem),
personam, procedural, prudential, and/or substantive jurisdiction to preside
over Zoccali’s ownership title to real property as in rem, nor Zoccali as in
personam.
Zoccali has challenged the allegations of PHH Mortgage Corporation
having any legal nexus, which Zoccali brings to this Court’s attention,
Plaintiff/Plaintiffs have knowingly and intentionally dropped statements that
they represent PHH Mortgage Corporation as their ‘client.’ But have not
moved for leave of this Court or permission to dismiss PHH Mortgage
Corporation.
It must be clearly delineated as to who or what exactly is accusing Zoccali
of some wrongdoing and must be subject to judicial scrutiny into this matter
as this Court’s legal authority and jurisdiction is also contingent upon

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Plaintiff’s bona fide real party interests which cannot confer or invoke this
Court’s authority if Plaintiff ‘trustee’ does not itself have any justiciable
‘injuries’ that can be traced to any act or omission on Zoccali’s part. Or that
any legal nexus ever existed directly with Zoccali so as to hold her
accountable for any alleged ‘losses’ which Zoccali alleges having no legal
nexus or possible means of having any nexus to a ‘mortgage-backed
securities trust’ could in any way be the fault of Zoccali.
Nor can any Plaintiff prove they ‘paid’ consideration to AMERICAN
BROKERS CONDUIT to step into the ‘shoes’ of AMERICAN BROKERS
CONDUIT at or before August 2007.
Zoccali reminds this Honorable Court and Plaintiff(s) that since the
origination of the subject real property AMERICAN BROKERS CONDUIT
transaction in 2006, was in fact, a U.S. Government GSE ‘transaction’
purchased by Freddie Mac (March 2006), then in 2008 under the
Emergency Economic Stabilization Act the U.S. Government paid out to
these Plaintiff(s) and other financial entities, $700B in Troubled Asset Relief
Program funds.
There is no record of any of the above cited actions that legally warranted
memorialization and recordation of all identities, actions and/or transactions
that transpired involving the subject real property AMERICAN BROKERS
CONDUIT mortgage and note, to demonstrate a legally existing and
lawfully enforceable ‘chain’ of events creating a ‘perfected’ interest held by
any party, much less Plaintiff in this case.
There is no disclosure to Zoccali, or this Honorable Court, who both have a
right to know, what and who exactly is appearing before this Court, and to
explain what happened to alleged ‘mortgage’ they relied on regarding
American Brokers Conduit which was a division of AHMIC that has been
legally defunct since 2007. AMERICAN BROKERS CONDUIT could and
did not exist post-2007 bankruptcy proceedings.
Plaintiff's must, therefore, be required to engage in discovery and
evidentiary hearings to prove up their claims, including prove up by
evidence, any divestiture by Wilbur Ross & Company’s of rights and
interests in AHMIC a/k/a AHMSI to every Plaintiff in this case.

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There is no evidence Ross et al. assigned or transferred any rights
acquired under the 2007 bankruptcy of the 2007 legally-defunct American
Brokers Conduit.
Plaintiff's must, therefore, prove up their claims of being bona fide
assignees of AMERICAN BROKERS CONDUIT’s ‘mortgage’ in 2015, and
evidence AMERICAN BROKERS CONDUIT ‘transferred’ rights to enforce
AMERICAN BROKERS CONDUIT’s ‘note’ by direct endorsement by
AMERICAN BROKERS CONDUIT in 2015 or any other time – 8 years after
AMERICAN BROKERS CONDUIT or its parent, ceased to exist or when
property of a federal bankruptcy estate’s competent legal control and
jurisdiction over AMERICAN BROKERS CONDUIT.

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Zoccali reserves the right to amend and add additional defenses as
discovery proceeds and more information comes to light.

Zoccali by this statement raises, and preserves, genuine issues of material

facts and laws regarding this Court may not have been conferred
prerequisite subject-matter (in rem), personam, procedural, prudential,
and/or substantive jurisdiction, and that no party had Article III
constitutional standing or legal authority to bring this action.
Zoccali reserves the right to demand trial by jury as to all facts so triable.
Respectfully Submitted,

By:/s/ Cynthia Zoccali

Cynthia Zoccali
118 Meredith Drive
Spring City, PA 19475
Email: cynthiazoccali@gmail.com
(484) 336-3236

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