STATE OF NEW YORK SUPREME COURT : COUNTY OF SUFFOLK ------------------------------------------------------------------ X THE BANK OF NEW YORK MELLON TRUST COMPANY,

N.A. - FKA - THE BANK OF NEW YORK TRUST CO, N.A. AS SUCCESSOR TO JP MORGAN CHASE BANK, AS TRUSTEE Plaintiff. 1 - 32098 Date filed __________ -againstVERIFIED AN SWER DARYL LYNCH NATIONAL CITY BANK F.G. CAPITAL CORP. JOHN DOE #1 TO JOHN DOE #10 Defendants. ---------------------------------------------------------------------X Defendant, Pro - Se, as and for Plaintiff s complaint herein sets forth and allege s the following : 1. As to the allegation(s) contained within the paragraph(s) numbered FOURTH , :SIXTH , SEVENTH , SIXTEENTH , EIGHTH , ELEVENTH , SEVENTEENTH of the Index No. 1

FIRST ,

THIRTEENTH , FOURTEENTH ,

Complaint, defendant, DARYL LYNCH lacks sufficient information and knowledge to form a belief, and must therefore leave Plaintiff to proof.

2.

Defendant, DARYL LYNCH, does admit the allegation(s) contained within THIRD , FIFTH , TWELFTH , of the

the paragraph(s) numbered, SECOND , Complaint.

3.

Denies each and every allegation contained in the paragraphs numbered TENTH , and FIFTEENTH , of the Complaint.

NINTH ,

________________________

Dated October ___ , 2011 DARYL LYNCH P.O. Box 1483 E Quogue, NY 11942

AS AND FOR FIRST AFFIRMATIVE DEFENSE Plaintiff s foreclosure action must fail, as the Plaintiff, BANK OF NEW YORK MELLON TRUST COMPANY, has numerous procedural defects within their action. 1. ber Plaintiff first began a prior foreclosure proceeding under the index num

10 - 21875 filed June 10th, 2010 in the SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK. 2. 3. The attorney for the Plaintiff s said action was STEVEN J BAUM. Plaintiff lacked required jurisdiction over said Defendant, DARYL LYNCH,

as proper personal service had never effectuated.

4. re

Though Plaintiff had no legal jurisdiction, the aforementioned foreclosu

action proceeded, and a REQUEST FOR JUDICIAL INTERVENTION was ordered and filed with the Suffolk County Clerk on July 12th, 2010, (see Attached exhibit -A-). 5. The REQUEST FOR JUDICIAL INTERVENTION was the last application

sought for the Plaintiff, and the last entry into the court minutes, (see attach ed exhibit -B-), and the foreclosure action remained inactive until October 11th, 2 011 when Plaintiff, BANK OF NEW YORK MELLON TRUST COMPANY, represented by new legal counsel, McCABE, WEISBERG & CONWAY, P.C. , continued said foreclosure action under a new index number, 11 - 32098. 6. e No discontinuance of initial action was ever filed, nor consent to chang

attorney applied for. AS AND FOR SECOND AFFIRMATIVE DEFENSE

1.

Procedural defect aside, Defendant DARYL LYNCH, has concern and

question as to the validity and actual legal standing, if any, of Plaintiff BANK OF NEW YORK MELLON TRUST Company s claim 2. Defendant DARYL LYNCH originally signed a note and mortgage to

MORTGAGE IT INC, dated March 27th, 2006. (see attached exhibit -C-) 3. As nominee for MORTGAGE IT INC, the mysterious entity called MERS,

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, assigned my loan to THE BANK OF NEW YORK MELLON TRUST COMPANY, (current holder and Plaintiff) , on June 8th, 2010. (see attached exhibit -D-) 4. At the time of assignment, the attorney of record for BANK OF NEW

YORK MELLON TRUST CO was STEVEN J BAUM, P.C., (also see attached exhibit -D-) .

5.

Two days after this assignment, STEVEN J BAUM, for BANK OF NEW

YORK MELLON TRUST CO, purchased an index number, filed a Lis Pendens, and began foreclosure proceedings. 6. No notice of default, acceleration letter, or any type of communications

was afforded to Defendant, DARYL LYNCH prior to the commencement of this foreclosure action. 7. There seems to be a clear act of collusion here in the assigned for &

sued by incestreous relationship between MERSCORP and STEVEN J BAUM.

WHEREFORE, the defendant demands judgment against the Plaintiff for the following relief : A. B. Dismissing the Plaintiff s Complaint in all respects, and Granting to the Defendant such further relief as to this Court may seem

Just and proper, together with the legal costs and disbursements of this action.

Dated : Riverhead, New York _____________ , 2011

____________________________________ By : DARYL LYNCH, Defendant, Pro - Se

To : McCabe, WEISBERG & CONWAY, P.C. JASON E. BROOKS, ESQ Attorneys for Plaintiff 145 Huguenot St, Suite 499 New Rochelle, NY 10801 File # 401 - 0090

INDIVIDUAL VERIFICATION

STATE OF NEW YORK) :ss COUNTY OF SUFFOLK)

DARYL LYNCH, being duly sworn, deposes and states that deponent is a defendant in the fore mentioned action individually ; that deponent has read The foregoing VERIFIED ANSWER and knows the contents thereof ; and that the same is true to the deponent s own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, deponent believes them to be true.

________________________________ DARYL LYNCH , Defendant, Pro - Se

Sworn to, before me This_____ day of _________ 2011

_________________________________ NOTARY PUBLIC

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ___________________________________________X THE BANK OF NEW YORK MELLON TRUST COMPANY, NA ICE Plaintiff, -againstDARYL LYNCH

AFFIDAVIT OF SERV

NATIONAL CITY MORTGAGE F.G. CAPITAL CORP. JOHN DOE # 1 TO JOHN DOE # 10 Defendants. ___________________________________________X STATE OF NEW YORK) :ss COUNTY OF SUFFOLK) ___________________________ , being duly sworn, deposes and says : I am not a party to the above action, am over 18 years of age and reside In Suffolk County, New York. On __________ , ___ , 2011, I served a true copy of the annexed VERFIED ANSWER in the following manner : By mailing the same in a sealed envelope, certified / registered postage paid Thereon, in an official depository of the U.S. Postal Service within the state o f New York, addressed to the last known address of the addressee indicated Below : McCABE, WEISBERG & CONWAY, P.C. Attn: JASON E BROOKS, ESQ 145 Huguenot Street, Suite 499 New Rochelle, New York 10801 Sworn to, Before me This____ day of ________ , 2011 __________________________ NOTARY PUBLIC

File No. 401 - 0090

_____________________ Servicing Agent _____________________

EXHIBIT

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