FHA SAMPLE (not including instructions and definitions) III. REQUESTS FOR PRODUCTION OF DOCUMENTS

Transcription

1 FHA SAMPLE (not including instructions and definitions) III. REQUESTS FOR PRODUCTION OF DOCUMENTS Pursuant to Pa. R.C.P , the Defendant in the above-captioned case, Jane Doe ( Ms. Doe or Defendant ), by and through her undersigned counsel, Rachel Labush, Esq., hereby requests that the Plaintiff in the above-captioned case, Citimortgage, Inc., Successor by Merger with Source One Mortgage Corporation, and/or its agents, respond to the Requests for Production of Documents, below, using a supplemental sheet as necessary; and also produce a copy of each of the following documents within thirty (30) days of service of this request, as required by Pa. R. Civ. Pro (a)(2). Defendant requests that Plaintiff produce the requested documents for inspection and copying at the offices of Community Legal Services, 1424 Chestnut Street, Philadelphia, PA (attn: Rachel Labush Esq.), or in the alternative to producing the documents, provide Defendant s counsel with copies of the requested documents. 1. Please identify and provide copies of all documents, such as a mortgage loan history or payment history that show payments made and/or charges added to the mortgage account underlying this foreclosure action from January 1, 2011 until the present. 2. Please identify and provide copies of all documents recording or showing any verbal contact by phone or any other spoken or verbal contact with the Defendant by Plaintiff, including but not limited to all records contained in any claim review file maintained by the Plaintiff, as required by HUD Regulations, from January 1, 2011 until the present.

2 3. Please identify and provide copies of all documents recording or showing any written contact by mail or any other means with Defendant by Plaintiff, including but not limited to all written records contained in any claim review file maintained by the Plaintiff, as required by HUD Regulations, from January 1, 2011 until the present. As part of your response to this request, please include copies of all letters sent by Plaintiff to Defendant from January 1, 2011 onwards. If available, please provide copies of the actual letters as sent. If such copies are not available, please explain how you generated the copies that you provide. If you assert that any documents produced in response to this request were sent by certified mail to Defendant, please provide the certified mail receipts. 4. Please provide copies of any other documents in your claim review file for Defendant s mortgage loan, including, but not limited to, any loss mitigation evaluation letters required by HUD. 5. Please identify and provide copies of all documents pertaining to any foreclosure assistance or default counseling offered to Defendant by Plaintiff in addition to the documents relating to loss mitigation in requests 1-4, above.

3 6. Please specifically identify and provide copies of all documents pertaining to the 2012 loan modification agreement which was executed by the parties and recorded twice, including, but not limited to, a copy of each signed agreement, all documents within the claim file regarding the agreement, all documents related to why the agreement was executed and recorded twice, and all documents regarding any payments or additional follow-ups of that agreement. 7. Please provide a copy with a specific and complete breakdown of all the amounts capitalized and/or deferred in each and every loan modification or other loss mitigation offer that CitiMortgage extended to the Defendant. 8. Please identify and provide copies of any documents explaining any codes or abbreviations employed in the materials provided in response to requests 1 through 7 above, sufficient to allow a layperson to understand the meaning of such documents.

4 9. Please provide copies of any documents showing that Plaintiff is the current owner of the mortgage and mortgage note, and if Plaintiff is not the current owner of the mortgage and mortgage note, please provide copies of any documents showing transfer of ownership of the mortgage and mortgage note to the current owner. 10. Please provide documents proving that Citimortgage, Inc. is the successor by merger to Source One Mortgage Corp. 11. Please identify and provide copies of all other documents which you intend to introduce into evidence in the trial of this matter. IV. INTERROGATORIES Pursuant to Pa. R.C.P. 4005, the Defendant in the above-captioned case, Jane Doe ( Ms. Doe or Defendant ), by and through her undersigned counsel, Rachel Labush, Esq., hereby requests that the Plaintiff in the above-captioned case, Successor by Merger with Source One Mortgage Corporation, and/or its agents, within thirty (30) days from the date this request is received, provide answers to the following Interrogatories as required by Pennsylvania Rule of Civil Procedure 4006, using a supplemental sheet as necessary.

5 You may mail written answers or responses to: Rachel Labush, Esq. Community Legal Services 1424 Chestnut St. Philadelphia, PA Identify all persons who have knowledge of the claims and defenses in this matter. 2. Does the named Plaintiff currently own any beneficial interest in the debt underlying this foreclosure action? If so, explain the nature of the interest and the basis for the named Plaintiff s claim of ownership, and in this description: (a) identify each separate transfer of the debt, starting with transfer from the original lender and ending with the transfer to the named Plaintiff, including the date of the transfer, the individuals effectuating the transfer and any value exchanged in return for such transfer; (b) identify any and all documents that evidence or that constitute each transfer; and (c) identify any and all documents that request, describe, or otherwise relate to such transfers. If not, identify who does currently own the beneficial interest in the debt underlying this foreclosure action and describe the details of the transfer to that entity. 3. Identify each custodian who has held the note and mortgage from the loan since the inception of the loan and the location where the note and mortgage have been held, and for

6 each, (a) identify the location where the custodian has held the note and mortgage; (b) the time period during which the note and mortgage were held at that location and (c) any agreement or other document that describes the duties of such custodian. 4. Identify the person, corporation, or other entity that presently has custody of the Note underlying the mortgage at issue, and please state the address where these documents are physically held. 5. Identify any and all documents that define or limit the discretion of the servicer of the loan to modify the loan or otherwise settle this action. 6. Please explain why CitiMortgage sent the 2012 permanent modification to Defendant to execute on two separate occasions and recorded both copies.

7 7. Please identify any person or persons who met face-to-face with the Defendant on behalf of Plaintiff regarding the loan delinquency and loss mitigation options; please identify the date and time of such meeting(s) and summarize the subject-matter discussed during any face-toface meeting(s). Please provide copies of all servicing logs, phone records, electronic mail messages, , correspondence logs, screen shots, computerized records, or any other documents substantiating the contact(s). 8. Please identify any person or persons who made efforts on behalf of Plaintiff to arrange a face-to-face meeting with the Defendant regarding the loan delinquency and loss mitigation options; please state the dates and times of all such efforts and summarize the efforts made and the outcome of the efforts. Please provide copies of all servicing logs, phone records, electronic mail messages, , correspondence logs, screen shots, computerized records, or any other documents substantiating the contact(s). 9. Please identify any person or persons who communicated on behalf of Plaintiff with the Defendant (whether face-to-face, in writing, by phone or any other means) regarding the loss mitigation option of arranging a formal or informal repayment plan with the Defendant and describe the terms of any such plan that was offered.

8 10. For each of the following, please state whether Plaintiff considered the option before filing this foreclosure against Defendant; whether, when and how the option was offered to Defendant, including the identity of any person or person(s) who communicated with the Defendant regarding the option; and if the option was not offered, explain why it was not: a. Filing or seeking payment of a partial claim from the Fair Housing Administration (FHA) or HUD; b. Entering into a Type I special forbearance plan with the Defendant; c. Entering into a Type II special forbearance plan with the Defendant; d. Modifying or recasting the mortgage; e. FHA-HAMP f. Any other loss mitigation options considered by the Plaintiff.