IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION

Transcription

1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION DEUTSCHE BANK NATIONAL TRUST COMPANY TRUSTEE FOR WAMU 2005-AR16 v. Plaintiff, CASE NO.: CI 20 BRIAN P. HICKOK, et al., Defendants. / DEFENDANT S FIRST SET OF INTERROGATORIES TO PLAINTIFF Defendant, Brian P. By and through his undersigned counsel, and pursuant to Rule of the Florida Rules of Civil Procedure, file this First Set of Interrogatories to Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY TRUSTEE FOR WAMU 2005-AR16. The Plaintiff is requested to answer these interrogatories within the time and by the method prescribed by the Court s applicable rules. You are required to provide all information reasonably available to you, your agents, representatives, employees, attorneys and investigators. If you are unable to answer any interrogatory after exercising due diligence in attempting to do so, please answer to the extent of your ability and indicate the reason for your inability to answer more fully, accurately, or responsively as the case might be. The information you provide will be deemed to be all of, and the only, information you have regarding the particular interrogatory if you do not indicate otherwise as provided by this paragraph.

2 You are required to make a good faith effort to comply with these interrogatories, and the Court s rules of discovery require that of you. If objections are interposed to any interrogatory, please state the complete basis of the objection to that interrogatory, including legal authority upon which you base your objection regarding that specific interrogatory. If you contend that any information sought is protected by attorney-client or other privilege, you are required to state the factual basis for such alleged privilege regarding the specific information requested. If you are confused about any term or request included in these interrogatories, you are welcome to seek clarification from the Defendant. If your answer to an interrogatory requires more space than provided below a respective interrogatory, you are welcome to use extra pages. Unless otherwise noted, these requests are for the period commencing with the date the Note was create through the present time. Your answers to these interrogatories must be dated, verified, and signed. Whether or not you comply with such requirement, each response provided to the Defendant by you or shall be deemed to be provided under oath by you with an intention that the Defendant may rely on same and deem it to be your honest and complete response to the specific interrogatory. Definitions: For purposes of responding to these interrogatories, the following words shall have the below ascribed meaning:

3 The terms Plaintiff, you, or your, means DEUTSCHE BANK NATIONAL TRUST COMPANY TRUSTEE FOR WAMU 2005-AR16, its officers, directors, employees, partners, corporate parent, subsidiaries of affiliates. A. The term communication means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). B. The Document or Documents means a writing, , or fax, whether of digital or hardcopy format, a photocopy or picture of a writing, whether handwritten, printed, or typed, and without limitation as to how the Document might be further described based on its label, title, content, size, or usage, so long as it is in your actual or constructive possession, custody, or control. C. The term identify, with respect to documents, means to give, to the extent known, the (i) type of document; (ii) general subject matter, (iii) date of the document; and (iv) author(s), addressee(s), and recipient(s). D. The term person is defined as any natural person or any business, legal or governmental association. E. The term concerning means relating to, referring to, describing, evidencing or constituting. F. The following rules of construction apply to these discovery requests: 1) All/Each. The terms all and each shall be construed as all and each. 2) And/Or. The connectives and and or shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 3) Number. The use of the singular form of any word includes the plural and vice versa. G. The term Relevant Period means the time period from October 21, 2005.

4 INTERROGATORIES 1. Please state the name, address, current employment status and telephone number of each person who answered these interrogatories and each person who assisted, including attorneys, accountants, employees of third party entities, or any other person consulted, however briefly, on the content of any answer to these interrogatories. 2. For each of the above persons please state their employment history (attach pages if necessary) and whether they have personal knowledge regarding the subject loan transaction. 3. Please state the date of the first contact between your company and the borrower in the subject loan transaction, the name and address and telephone number of the person(s) in your company who were involved in that contact, the manner of the contact (web, telephone, letter, application, solicitation, advertisement etc.). 4. Please state the name of the person(s) involved in the underwriting of the subject loan. "Underwriting" refers to any person who made representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including their names, addresses, current employment status, and phone number.

5 5. Please state the name and address and phone numbers of any person(s) who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would affect the funding of the subject loan, the closing of the subject loan, the receipt of money from a third party in a transaction that referred to the subject loan. 6. Please state the name and address and phone number of any person known or believed by anyone in your company to have received either physical possession of the note, the mortgage, or any document that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would affect the funding of the subject loan the receipt of money from a third party in a transaction that referred to the subject loan. 7. Please explain and describe, for the subject Mortgage loan, the relationships among parties (including you, the original lender, any servicer, any custodian, any depository, any Special Purpose Vehicle or Special Purpose Entity, etc. etc.), the structure of the securities offered (including the flow of funds or any subordination features) and any other material features of any transaction concerning the sale, transfer or assignment of the Mortgage loan at any time between the making of same and your filing of the action at issue herein. 8. Please state all parties who have provided servicing of the Mortgage loan and provide the contact name, full legal name, address and phone number of each such party and the dates each began servicing the loan.

6 9. State where in the Mortgage that the "Lender" will change when the Note or Mortgage is sold. Please state for the history of the Mortgage loan, the persons or entities who at any time collected Mortgage payments specifying the applicable dates each such person or entity did so collect and specify the full legal name, address, and phone number of each such party. 10. Please state whether the source of funding and the payee on the alleged note were the same parties. 11. Please state whether the source of funding and the mortgagee on the alleged note were the same parties. 12. Please include any and all information related to the assignment, transfer, and/or record of sale between Plaintiff, and the original lender, Please specify as to details, any documentation, and how such transactions took place. 13. Please include the details as to what consideration between Plaintiff, and original lender was offered (i.e., contract price, agreement terms, etc.) that were offered between the parties to allow Plaintiff, to gain any kind of interest in the Note and Mortgage underlying this action. Please include and specify as to details.

7 14. Please describe the procedures utilized between original lender and Plaintiff, to assign, transfer, and/or sell the underlying Note and Mortgage from original lender to Plaintiff. Please indicate all details, including the process by which such assignments are made, considered and authorized between the parties. 15. Please disclose any other assignments, transfers, and/or sales regarding the underlying Note and Mortgage, aside from that of original Lender and Plaintiff, which indicate or show an assignment, transfer, or sale of said interests. Please specify and indicate how this was done, including contracts and agreements, and who authorized such transactions. PLEASE SIGN AND NOTARIZE UNDER OATH AS TO THE COMPLETENESS AND TRUTHFULNESS OF YOUR S. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Affiant STATE OF Florida: COUNTY OF : : SS I HEREBY CERTIFY, on this day, before me, an officer duly authorized in the State and County aforementioned to take acknowledgments, personally appeared,, who is personally known to me or

8 produced as identification, and who is the same individual described herein and who executed the foregoing and he/she acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of, SEAL: NOTARY PUBLIC, State of Florida Respectfully Submitted, Dated: January, 2015 CERTIFICATION OF SERVICE /s/ Craig Huffman, Esq. Securus Law Group. P.A Racetrack Road #243 Tampa FL I HEREBY CERTIFY that a true and correct copy of the foregoing was served by U.S. Mail and/or to the following party(ies): Shapiro, Fishman & Gache, LLP, James W Hutton, Esq., 4630 Woodland Corporate Blvd., Ste 100, Tampa, FL 33614; SFGTampaService@logs.com; on this day of January, /s/ Craig Huffman, Esq.

9 Securus Law Group. P.A Racetrack Road #243 Tampa FL