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SUPREME COURT OF THE STATE OF NEW YORK 4 /[ ,,f

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COUNTY OF KINGS
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U.S. Bank National Association as Trustee for the
Certificateholders Citigroup Mortgage Loan Trust Inc
Asset-Backed Pass-Through Certificates, Series 2007- ORDER TO SHOW C41JSE
AMC 1, P
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Plaintiff, Index No.: 22267/2007 \\
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Jairzinho Merzius, Argent Mortgage Company, LLC,

New York City Parking Violations Bureau, New York
City Environmental Control Board, New York City \

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Transit Adjudication Bureau, Lanna Larose, '.>I -'
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Defendants, .-0

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Upon the annexed affidavit of JAIRZINHO MERZIUS, the defendant in the above-entihed

I action, duly sworn to on the 13'" day of April, 2015, and upon all the proceedings heretofore had

herein,

Let the Plaintiff, U.S. Bank National Association as Trustee for the Certificateholders

Citigroup Mortgage Loan Trust lnc Asset-Backed Pws-Through Certificates, Series 2007-AMC 1 .

-"-2 show cause at a term of this Court, Part @thereof,X OtoObe~ Wheld,Lqbon the 277
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day of W P O I C a r
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e.' 0' clock in the forenoon of that day or as soon thereafter as the defendant, in propria persona

can be heard at the Courthouse located at 360 Adams Street, Brooklyn. New York. why an order should

not be made and entered granting the following relief:

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or an ORDER VACATING the Order of Reference entered by this Court on the 19*

day of November, 2013, and the previous Order of Reference entered by this Court on January 23,

2008 and Dismissing this Foreclosure Action in its entirety pursuant to Rule 5015(a)(4) and Rule

32 11(a)@) of the Civil Practice Law and Rules, or in the alternative, holding a Traverse Hearing

pursuant to 22 NYCRR 208.29 upon the following grounds:

A. That Plaintiff failed to serve the Defendant in accordance with Rule 308
(4) of the Civil Practice Law and Rules, and therefore

B. This Court lacked and lacks in personam jurisdiction to render the aforestated
Order of Reference against the Defendant; and

11. For an ORDER VACATING the Order of Reference entered by this Court on the

19thday of November 2013, and the previous Order of Reference entered by this Court on January 23,

2008 and Dismissing this Foreclosure action in its entirety pursuant to Rules 5015(a)(3) and 32 1 l(a)( 1)

of the Civil Practice Law and Rules upon the following grounds:

A. That the Plaintiff has intentionally misrepresented itself as having a beneficial

ownership interest in the Note still owned by Argent Mortgage Company LLC,
which was never assigned to Plaintiff, and therefore

B. Plaintiff has committed a Fraud upon this Court by affirming in the Complaint
at Paragraph 22 that Plaintiff is the sole, true and lawful owner of said note in
an effort to deceive the Court into believing there had been compliance with
Section 1302(l)(a) of the Real Property Actions and Proceedings Law in order
to fraudulently commence the instant action; and

111. For an ORDER VACATING the aforementioned Orders of Reference and

Dismissing this Foreclosure Action in its entirety pursuant to Rules 5015(a)(3) and 32 I 1 (a)( 1 ) of the

Civil Practice Law and Rules upon the following grounds:

A. That Plaintiff intentionally failed to satisfy the condition precedent of

Paragraph 22 of the Mortgage Agreement in that no default notice was ever
served upon the Defendant and therefore, Plaintiff may not commence or
maintain the instant action: and
 IK For such other and further relief as to this Court may seem just and

Sufficient cause appearing therefore, let service of a copy of this Order and a copy of the

IVC;kervice be deemed sufficient.

J.S.C.

m.KA'TWY J. KI