Filed 11 July 20 A9:44 Gary Fitzsimmons District Clerk Dallas District

CAUSE NO. 11-07136-E ANIL DAS and SHEELA DAS, Plaintiffs, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, BARCLAYS CAPITAL REAL ESTATE INC. d/b/a HOMEQ SERVICING, and OCWEN LOAN SERVICING, LLC, Defendants. IN THE DISTRICT COURT

101st JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

DEFENDANTS ORIGINAL ANSWER COME NOW Defendants Deutsche Bank National Trust Company as Trustee Under Pooling and Servicing Agreement Dated as of April 1, 2006 Morgan Stanley ABS Capital I Inc. Trust 2006-NC31, Barclays Capital Real Estate Inc. d/b/a Homeq Servicing, and Ocwen Loan Servicing, LLC (collectively Defendants), and file this their Original Answer to Plaintiffs Original Petition (Plaintiffs Petition), and show: I. GENERAL DENIAL Pursuant to Texas Rule of Civil Procedure 92, Defendants generally deny each and every allegation of Plaintiffs Petition and demand strict proof thereof. AFFIRMATIVE DEFENSES In addition, Defendants plead the following affirmative defenses:

Defendant Deutsche Bank National Trust Company as Trustee Under Pooling and Servicing Agreement Dated as of April 1, 2006 Morgan Stanley ABS Capital I Inc. Trust 2006-NC3 (Deutsche) is wrongly identified in Plaintiffs Original Petition as Deutsche Bank National Trust Company. Deutsche is answering herein in its correct capacity, as specified above.

Defendants Original Answer

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1.

Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, because one or more of the material obligations of the note and security instrument have not been satisfied. 2. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the equitable doctrine of waiver. 3. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the doctrine of release. 4. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the Parol Evidence Rule. 5. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the Statute of Frauds. 6. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the waiver provisions contained in the security instrument at issue in this lawsuit. 7. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the doctrine of accord and satisfaction. 8. While Defendants deny that Plaintiffs suffered any injury, any injury sustained by

Plaintiffs is the result of the acts or omissions of third parties, over which Defendants exercised no control. 9. Plaintiffs damages, if any, were proximately caused by the acts, omissions, or

breaches of other persons and entities, including Plaintiffs, and said acts, omissions, or breaches were intervening and superseding causes of Plaintiffs damages, if any. Defendants asserts their right to comparative responsibility as provided in Chapter 33 of the Texas Civil Practice and Remedies Code and requests that the fact finder apportion responsibility as provided in Chapter 33. Defendants Original Answer Page 2 of 5

10.

Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the one satisfaction doctrine. 11. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the economic loss doctrine. 12. Some or all of Plaintiffs claims and causes of action are barred, in whole or in

part, by the doctrines of judicial estoppel, res judicata, and/or collateral estoppel. 13. 14. 15. 16. Plaintiffs failed to mitigate and/or minimize their purported damages. Plaintiffs lack standing to bring their claims. Defendants assert the bona fide error defense. Defendants claim all offsets and credits available under Chapter 33 of the Texas

Civil Practice and Remedies Code. 17. Any and all claims alleged in Plaintiffs Petition are barred, in whole or in part, to

the extent they seek an improper punitive or multiple damages award for an alleged single wrong because such an award would violate Defendants' rights guaranteed by the United States Constitution, including, without limitation, the Due Process and Equal Protection provisions of the Fourteenth Amendment and the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution, and Defendants' rights to the Due Course of Law under the Texas Constitution. 18. Plaintiffs are not entitled to punitive or multiple damages, and any and all

excessive amounts of such damages sought herein violate Chapter 41 of the Texas Civil Practice and Remedies Code, the Texas Constitution and the United States Constitution, all of which set limits on the award of punitive damages. Defendants hereby invoke the caps on damages as provided in Chapter 41 of the Texas Civil Practice and Remedies Code, the Texas Constitution and the United States Constitution. Defendants Original Answer Page 3 of 5

19.

A claim for declaratory judgment will not lie where the Plaintiff merely seeks a

determination of liability on his claims. Neither will this claim lie where Plaintiff is asserting another claim seeking the same or similar relief. 20. Plaintiffs have failed to state a claim upon which relief may be granted.

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully request that the Court enter judgment that Plaintiffs take nothing in their suit, that the Court enter an Order dismissing Plaintiffs suit with prejudice, the Defendants recover their attorneys fees and costs, and for all other relief to which Defendants may be entitled.
Respectfully submitted, By: __/s/ Mark D. Cronenwett_________ MARK D. CRONENWETT Texas Bar No. 00787303 mcronenwett@higierallen.com LINDSAY L. STANSBERRY Texas Bar No. 24041968 lstansberry@higierallen.com HIGIER, ALLEN & LAUTIN, PC 5057 Keller Springs Road, Suite 600 Addison, Texas 75001 (972) 716-1888 (972) 716-1899 (Fax) ATTORNEYS FOR DEFENDANTS

Defendants Original Answer

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CERTIFICATE OF SERVICE The undersigned certifies that on the 20th day of July, 2011, a true and correct copy of the foregoing document was delivered via facsimile transmission to the following: Gregory W. Mitchell The Mitchell Law Firm, L.P. 8140 Walnut Hill Lane, Suite 301 Dallas, Texas 75231 Phone 972.463.8417 Fax 972.432.7540 /s/ Mark D. Cronenwett______ MARK D. CRONENWETT

Defendants Original Answer

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