Production of DocumentsInterrogatories and Admissions
DEFENDANTS MOTION REQUESTING PLAINTIFF TO PRODUCE DOCUMENTS, INTERROGATORIES AND ADMISSIONS
COMES NOW DEFENDANT, XYZ, and files this Motion requesting Plaintiffs, ABC, in its capacity as the Lender as per the Mortgage Deed dated 28th February 2008 to produce the Documents, Interrogatories and Admissions.
Request for Production of Documents
Pursuant to the New York Civil Practice Law and Rules Section 3120 the Defendant, Andy Havilar hereby request that the named Plaintiff, Option One Mortgage Corporation to produce the following documents for inspection and copying at a location within the venue of the Supreme Court of the Kings County, New York, within thirty days of this request. Andy Havilar asks to be informed of the date, time and place where the requested documents can be copied by her or her agent or in the alternative, Option One Mortgage Corporation may furnish a legible, true and correct copy of each requested documents to Andy Havilar at her mailing address as given below except for the requested Promissory Note are to be served upon Andy Havilar within thirty (30) days after service of this request for production of documents.
Andy Havilar request the Counsel purporting to represent Option One Mortgage Corporation, within 30 days of this request for production of these documents, set a hearing with the Court for viewing of the original Promissory Note.
Instructions to Request for Production of Documents
1. This request for production of documents is directed towards all information known or available to Option One Mortgage Corporation including information contained in the records and documents in Option One Mortgage Corporations custody or control or available to Option One Mortgage Corporation upon reasonable inquiry. Where requested documents does not exist please state the documents does not exist.
2. Each request for production of documents is to be deemed a continuing one. If after serving any requested document, an authorized officer of Option One Mortgage Corporation obtains any further documentation pertaining to that request for production, Option One Mortgage Corporation is requested to serve a supplemental answer setting forth copies of additional documents.
Definitions
1. Option One Mortgage Corporation includes any and all persons acting in concert with Option One Mortgage Corporation.
2. “Document” includes every piece of paper held in Option One Mortgage Corporations possession or generated by Option One Mortgage Corporation.
3. “GSE” means Government Sponsored Entity.
4. “MERS” means Mortgage Electronic Registration System.
5. “Nominal Lender” means and includes the Special Purpose Entity which has been constituted by the Option One Mortgage Corporation.
6. “Andy Havilar” includes all nick names, pseudonyms and / or misnomers in any paper or documents referencing the Defendant or any liability or obligation attributable to him, including Andy A. Havilar
Documents Requested
1. Subject to the foregoing conditions, produce the original Promissory Note alleged to have been signed by Andy Havilar as per the loan bearing No: 339994918. If none, state “none”.
2. Produce the Order relieving Mr. Leo S. Ortega as the Vice President of Deutsche Bank on or after 19th June 2007 which entitle him to join as the Vice President of Option One Mortgage Corporation and to sign the Affidavit of Merit and the Amount Due on behalf of Option One Mortgage Corporation on 38th June 2007. If none, state “none”.
3. Produce if any certified or uncertified security used for the funding of this account. If none, state “none”.
4. Produce any and all "Pooling Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
5. Produce any and all "Deposit Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
6. Produce any and all "Servicing Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
7. Produce any and all "Custodial Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
8. Produce any and all "Master Purchasing Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
9. Produce any and all "Issuer Agreement(s)" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
10. Produce any and all "Commitment to Guarantee Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
11. Produce any and all "Release of Document Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
12. Produce any and all "Master Agreement for Servicer’s Principal and Interest Custodial Account" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
13. Produce any and all "Servicer's Escrow Custodial Account" between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
14. Produce any and all "Release of Interest Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.
15. Produce any and all “Trustee Agreement(s)” between the nominal lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or pool accounts with any GSE or other party. If none, state “none”.
16. Produce any and all document(s) evidencing any trust relationship regarding the Mortgage or and any Note in this matter. If none, state “none”.
17. Produce any and all document(s) establishing any Trustee of record for the Mortgage or and any Note in this matter. If none, state “none”.
18. Produce any and all document(s) establishing the date of any appointment of Trustee for the Mortgage or and any Note, including any and all assignments or transfers or nominees of any substitute trustees(s). If none, state “none”.
19. Produce any and all document(s) establishing any Grantor for this Mortgage or and any Note in this matter. If none, state “none”.
20. Produce any and all document(s) establishing any Grantee for this Mortgage or and any Note in this matter. If none, state “none”.
21. Produce any and all document(s) establishing any Beneficiary for this Mortgage or and any Note in this matter. If none, state “none”.
22. Produce any and all document(s) evidencing the Mortgage. If none, state “none”.
23. Produce all data, information, notations, text, figures and information contained in your mortgage servicing and accounting computer systems including, but not limited to Alltel or Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the inception of this account to the date written above. If none, state “none”.
24. Produce all descriptions and legends of all Codes used in Option One Mortgage Corporations mortgage servicing and accounting system so as to enable the examiners and auditors and experts retained to audit and review this mortgage account to properly carry on their work. If none, state “none”.
25. Produce all assignments, transfers, allonge, or other documents evidencing a transfer, sale or assignment of this mortgage, deed of trust, monetary instrument or other document that secures payment by Andy Havilar to this obligation in this account from the inception of this account to the present date including any such assignment on MERS. If none, state “none”.
26. Produce all deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this account to the present date. If none, state “none”.
27. Produce the front and back of each and every canceled check, money order, draft, debit or credit notice issued to any servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on this account. If none, state “none”.
28. Produce all escrow analyses conducted on this account from the inception of this account until the date of this letter. If none, state “none”.
29. Produce the front and back of each and every canceled check, draft or debit notice issued for payment of closing costs, fees and expenses listed on any and all disclosure statements including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. If none, state “none”.
30. Produce front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written evidence of payments made by Andrea Davilar or others on this account. If none, state “none”.
31. Produce all letters, statements and documents sent to Andy Havilar by Option One Mortgage Corporation. If none, state “none”.
32. Produce all letters, statements and documents sent to Andy Havilar by agents, attorneys or representatives of Option One Mortgage Corporation. If none, state “none”.
33. Produce all letters, statements and documents sent to Andy Havilar by previous servicers, sub-servicers or others in the account file or under the control or possession or in the control or possession of any affiliate, parent company, agent, servicers, sub-servicers, attorney or other representative of Option One Mortgage Corporation. If none, state “none”.
34. Produce all letters, statements and documents contained in the account file of Andy Havilar or imaged by Option One Mortgage Corporation, any servicers or sub-servicers of this mortgage from the inception of this account to the present date. If none, state “none”.
35. Produce all electronic transfers, assignments and sales of the note or asset, mortgage, deed of trust or other security instrument. If none, state “none”.
36. Produce all copies of property inspection reports, appraisals, BPO s and reports done on the property of Andrea Davilar. If none, state “none”.
37. Produce all invoices for each charge such as inspection fees, BPO s, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage account from the inception of this account to the present date. If none, state “none”.
38. Produce all checks used to pay invoices for each charge such as inspection fees, BPO s, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this account from the inception of this account to the present date. If none, state “none”.
39. Produce all agreements, contracts and understandings with vendors that have been paid for any charge on this account from the inception of this account to the present date. If none, state “none”.
40. Produce all account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments, payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate to the accounting of this account from the inception of this account to the present date. If none, state “none”.
41. Produce all account servicing transaction records, ledgers, registers and similar items detailing how this account has been serviced from the inception of this account to the present date. If none, state “none”.
42. Produce all sales contracts, servicing agreements, assignments, alonges, transfers, indemnification agreements, recourse agreements and any agreement related to this account from the inception of this account to the present date.
43. Provide copies of all invoices and detailed billing statements from any law firm or attorney that has billed such fees that have been assessed or collected from this account from the inception to the present date.
Requests for Admissions
YOU ARE REQUIRED, pursuant to the New York Civil Practice Law and Rules Section 3123, by and through an authorized officer of your Company, to answer completely, in writing and under oath, the following request of Admission, and to return your answers to this request for admissions to Andy Havilar at her mailing address indicated below, within thirty days of the date of service of these request for admissions.
Instructions to Request for Admissions
1. These requests for Admissions are directed towards all information known or available to Plaintiff Option One Mortgage Corporation including information contained in the records and documents in Option One Mortgage Corporations custody or control or available to Option One Mortgage Corporation upon reasonable enquiry. Your answer to each request for admission shall specifically deny the matter, or set forth in detail the reasons why you cannot truthfully admit or deny the matter. Where request for admission cannot be\ answered in full they shall be answered as completely as possible and incomplete answers shall be accompanied by a specification of the reasons for the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered request for admission.
2. Each request for admission is to deemed a continuing one. If after serving an answer to any request for admission, an authorized officer of Option One Mortgage Corporation obtains any further information pertaining to that request for admission, the authorized officer for Option One Mortgage Corporation is requested to serve a supplemental answer setting forth such information.
3. As to every request for an admission which an authorized officer for Option
One Mortgage Corporation fails to answer in whole or in part, the subject
matter of that admission will be deemed confessed and stipulated as fact to
the court.
Definitions
1. “You” and “your” includes Option One Mortgage Corporation any and all persons acting in concert with Option One Mortgage Corporation.
2. “Document” includes every piece of paper held in Option One Mortgage Corporations possession or generated by Option One Mortgage Corporation.
3. “Nominal Lender” means and includes the Special Purpose Entity which has been constituted by the Option one Mortgage Corporation.
4. “Andrea Davilar” includes all nick names, pseudonyms and / or misnomers in any paper or documents referencing the Defendant or any liability or obligation attributable to her, including Andrea A. Davilar.
Admissions Requested
1. Admit or deny that Option One Mortgage Corporation has assigned the Promissory Note and Mortgage Deed to a third party.
Admitted
Denied
2. Admit or deny that Option One Mortgage Corporation has no standing to initiate foreclosure proceedings against Andrea Davilar.
Admitted
Denied
3. Admit or deny that Leo S. Ortega is not the authorized person to swear the Affidavit of Merit.
Admitted
Denied
4. Admit or deny that proper statutory disclosures regarding the mortgage, its interest and other related charges and mode of payment has been made to Andrea Davilar.
Admitted
Denied
5. Admit or deny that Summons has been served properly on Andy Havilar in this case.
Admitted
Denied
Interrogatories
YOU ARE REQUIRED, pursuant to the New York Civil Practice Law and Rules Sections 3131, 3132 and 3133, by and through an authorized officer of the your Company, to answer completely in writing, and under oath, the following Interrogatories, and to return your answers to these Interrogatories to Andy Havilarat her mailing address indicated below, within thirty days of the date of service of these Interrogatories.
Instructions to these Interrogatories
1. These interrogatories are directed towards all information known or available to the Plaintiff, Option One Mortgage Bank including information contained in the records and the documents in Option One Mortgage Banks custody or control or available to Option One Mortgage Bank upon reasonable enquiry.