IN THE CIRCUIT COURT OF THE 15 th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

Transcription

1 IN THE CIRCUIT COURT OF THE 15 th JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA LINDA PATRICIA ZIMMERMAN, individually; VELDORA ARTHUR, individually; MAGDALENA A. APOSTOLOVA, individually Case No.: 11- and jointly with EMIL P. MILYAKOV, individually and jointly; THAXTER ARTERBERRY, individually and jointly with CATHERINE ARTERBERRY, individually and jointly; SIMONE BRAXTON, individually; MARK I. CONGRESS, individually and jointly With LORETTA R. CONGRESS, individually and jointly; LOUIS CORTI, individually; RENA E. JOHNSTON-FARRINGTON as agent of the Farrington Family Trust; RENITA Z. PLAINTIFFS FIRST REQUEST GORDON, individually; THOMAS P. FOR PRODUCTION TO DEFENDANTS GUTIERREZ, individually; RUSSELL B. (served with Complaint) HOBSON, individually and jointly with JANE HOBSON, individually and jointly; JEAN IMMESBERGER, individually and jointly with RONALD IMMESBERGER, individually and jointly; CRAIG LIEBERMAN, individually; SOLANGE MCINTYRE individually and jointly with LEON MCINTYRE, individually and jointly; GREGORY MISSMAN, individually and jointly with NINA MISSMAN, individually and jointly; FRANK RAPP, individually and jointly with SUSAN NICHTER, individually and jointly; PAULA A. RENARD, individually; JEANNI ALICE SCHIPPER, individually; THERESA M. SCHOENBART, individually; MICHAEL D. SCOTT, individually; H. CHRISTOPHER STARKEY, individually and jointly with LOUISA H. STARKEY individually and jointly; and LAWRENCE WALSH, individually and jointly with MELANIE WALSH, individually and jointly; v. Plaintiffs, JPMORGAN CHASE BANK, N.A. and CHASE HOME FINANCE LLC; Defendants. / 1

2 Plaintiffs, through their undersigned counsel and Fla.R.Civ.P , file and serve their First Request for Production to Defendants which has been served upon Defendants with the Complaint, and request that Defendants produce all documents responsive to the attached Schedule A within the time and manner provided by Rule Responsive documents are to be forwarded to the California office address below. Dated this 23 rd day of August, W. J. Barnes, P.A. California office: Counsel for Plaintiffs 1515 North Federal Highway Suite West Coast Highway Boca Raton, Florida Suite 350 Tel: (561) Newport Beach, California Fax: (949) Tel: (949) jeff@wjbarneslaw.com Fax: (949) By: Jeff Barnes, Esq. FBN

3 Definitions Zimmerman v. JPMorgan Chase et al., page 1 of 6 Document as utilized herein is to be construed, understood, and intended to mean the original of any and all books, papers, records, logs, ledgers, telefaxes, telexes, microfilm, microfiche, memoranda (whether handwritten, typed, computer-generated, or otherwise), books of account, logbooks, data banks, data bases, and any other manner and/or means of data and/or information storage, including but not limited to computer discs, tape backup or storage, or otherwise. If the original of any requested document is not available, the specific reason(s) for such non-availability shall be specifically stated in your response. Production of the original documents is appropriate under the best evidence rule and case law thereunder. Fla.Stat. sec , , ; Sun Bank of St. Lucie County v. Oliver, 403 So.2d 583 (Fla. 4 th DCA 1981). IF ANY CLAIM OF PRIVILEGE IS MADE AS TO ALL OR ANY PART OF ANY OF THE CATEGORICAL REQUESTS HEREINBELOW, YOU ARE TO SERVE A PRIVILEGE LOG WITH YOUR RESPONSE TO THIS REQUEST FOR PRODUCTION, WHICH PRIVILEGE LOG SHALL INCLUDE A GENERIC DESCRIPTION OF THE DOCUMENT, THE AUTHOR THEREOF, THE INTENDED RECIPIENT THEREOF, THE DATE THEREOF, AND THE IDENTIFICATIONOF ANY PRIVILEGE(S) CLAIMED AS TO THE DOCUMENT. Documents to be produced: 1. All Assignments, Allonges, and the like which purport to assign any interest in any mortgage instrument or note of any of the Plaintiffs to any person or party. 2. All documents setting forth any servicing agreement between the Defendants and any entity with reference to the mortgage loans of the Plaintiffs. 3. All Pooling and Service Agreements, Custodial Agreements, Deposit Agreements, Master Purchasing Agreements, Issuer Agreements, Commitment to Guarantee Agreements, Release of Document Agreements, Master Agreements for Servicer s Principal and Interest Custodial Account, Servicer s Escrow Custodial Account Agreements, Release of Interest Agreements, or Trustee Agreements relating to the mortgages loan of the Plaintiffs. 4. All documents setting forth the entire chain of title to the mortgage instruments and notes of the Plaintiffs from the original lender to the present 3

4 Zimmerman v. JPMorgan Chase et al., page 2 of 6 true owner and holder of the note and mortgage instruments (pursuant to 15 USC (TILA) sec. 1641(f)(2)). 5. The entire loan underwriting file for each of the Plaintiffs mortgage loans, including all documents setting forth mortgage loans for which the Plaintiffs qualified and all inquiries made to any lender as to mortgage loans available to the Plaintiffs. 6. All documents setting forth verification of all fees paid or assessed on the HUD All documents setting forth any authority of either of the Defendants or any agent thereof to institute any foreclosure threat or action against any of the Plaintiffs. 8. All policies of insurance, including but not limited to private mortgage insurance, insurance in favor of any trustee or loan trust, LPMI policies, NIM policies, UCC Eagle 9 mezzanine policies, ISDA swap policies, master and bulk supplemental policies, mortgagee title policies, or any other insurance which provides benefits to either of the Defendants or any party in privity with either of the Defendants or the original lender or successor thereto or securitized trust upon default by the borrower in connection with the Plaintiffs mortgage loans. 9. All documents setting forth any claims made against any policy of insurance the subject of request number 8. above. 10. All documents setting forth any payments made or received in connection with any claim the subject of request number 9. above. 11. All documents setting forth any denial or reservation of rights as to any claim made in connection with any policy of insurance the subject of request number 8. above. 12. All documents demonstrating any funding of any of the Plaintiffs mortgage loan the subject of this action by any certificated or uncertificated security. 13. All documents concerning any consideration exchanged between any persons or parties in connection with the assignment or sale of any part of, or right under, or right incident to any of the Plaintiffs mortgage loans (e.g. assignment or sale of mortgage, assignment or sale of note, assignment or sale of servicing rights, assignment or sale of right to income stream from borrower payments, assignment to a mortgage pool, assignment to any SIV, CMO, CDO, MBS, or CDS, [as defined herein infra], and the like). 4

5 Zimmerman v. JPMorgan Chase et al., page 3 of All credit default swap partner agreements and/or ISDA swap agreements. 15. All documents setting forth all information contained within any mortgage servicing or accounting computer systems, including but not limited to Alltel or Fidelity CPI systems or any other software, concerning the servicing or subservicing of the Plaintiffs mortgage loans from inception of the account to the present. 16. All documents identifying any descriptions or legends of all codes utilized within any mortgage servicing or accounting system identified within your response to request number 15. above. 17. All documents evidencing all payments made by the Plaintiffs or any third party on or toward their loan obligations at any time. 18. All documents setting forth any credits applied against any balance due on the Plaintiffs mortgage loans at any time, including amount of credit, date credit applied, source of credit, and obligation to which credit was applied (e.g. principal, interest, late fees, etc.) 19. All documents setting forth the disposition of all payments made by the Plaintiffs or any third party in connection with the Plaintiffs mortgage loans, including but not limited to documentation setting forth amounts assigned to or credited against principal, interest, insurance escrows or payments, tax escrows or payments, late fees, or any other charges. 20. All documents setting forth the treatment of all taxes relating to the Plaintiffs mortgage loans, including but not limited to establishment and maintenance of tax escrows, payment of taxes, refund of excess escrows, source of funds for tax escrows and payments, and the like. 21. All escrow analyses in reference to the Plaintiffs mortgage loans from inception of the account to the present. 22. All documents evidencing any agreement between the original lender, or either of the Defendants, or any other person or party and any appraisal company, appraiser, or mortgage broker relating to the Plaintiffs mortgage loans or the real property subject to the Plaintiffs mortgage loans. 24. All documents evidencing any agreement between the original lender and any person or party relating to the servicing, in any respect, of the Plaintiffs mortgage loans. 5

6 Zimmerman v. JPMorgan Chase et al., page 4 of All documents evidencing any agreement between Defendants and any person or party relating to the servicing, in any respect, of the Plaintiffs mortgage loans. 26. All documents comprising invoices, bills, or statements for any charges in connection with the Plaintiffs mortgage loans, including but not limited to appraisals, inspections, BPOs (Broker Price Opinions), attorneys fees, accounting fees, and the like whether or not identified on the HUD-1 Settlement Statement. 27. All documents comprising the account servicing records in connection with the Plaintiffs mortgage loans relating to calculation of interest, interest rate adjustments, ARM audits, and the like from the inception of the account to the present. 28. All documents relating to any suspense or unapplied account transactions in connection with the Plaintiffs mortgage loans from inception of the account to the present. 29. All documents setting forth the assessment of any late fees in connection with the Plaintiffs mortgage loans and the treatment thereof (e.g. as liquidated damages, interest, or otherwise). 30. All appraisals and property inspections concerning the Plaintiffs real property subject to the mortgage loans claimed to be owned by any of the Defendants. 31. All appraisals, evaluations, broker assessments, or other valuations as to the Plaintiffs mortgage loans. 32. All documents setting forth any forced-placed insurance on the real property subject to the Plaintiffs mortgage loans. 33. All documents setting forth any notice to any of the Plaintiffs that any person or party intended to force-place insurance coverage on the Plaintiffs real property subject to the mortgage loans claimed to be owned by any of the Defendants. 34. All documents signed by any of the Plaintiffs authorizing the assessment, charge, or collection of any forced-placed insurance coverage. 6

7 Zimmerman v. JPMorgan Chase et al., page 5 of All documents evidencing the recording of any assignment of the note or mortgage instrument as to any of the Plaintiffs mortgage loans claimed to be owned by any of the Defendants. 36. All documents setting forth the present physical location of the original mortgage instrument and the original note for any of the Plaintiffs mortgage loans claimed to be owned by any of the Defendants. 37. All documents setting forth the name, address, and telephone number of the physical custodian of the original note and original mortgage instrument for any of the Plaintiffs mortgage loans claimed to be owned by any of the Defendants. 38. All documents setting forth the assignment of either the mortgage instrument or note for any of the Plaintiffs mortgage loans, which are claimed to be owned by any of the Defendants, to any particular Specialized Investment Vehicle (SIV), Collateralized Mortgage Obligation (CMO), Collateralized Debt Obligation (CDO), series of mortgage-backed securities or certificates (MBS), or collateral default swap (CDS). 39. All documents setting forth the full name, current address, and telephone number of each holder of or investor in any SIV, CMO, CDO, MBS, or CDS which is collateralized in whole or in part by any of the Plaintiffs mortgage loans or any right incident thereto or thereunder. 40. All documents which identify the full name, current address, and telephone number of all persons who authorized the filing of any foreclosure action or threat of any foreclosure against any of the Plaintiffs. 41. All documents demonstrating the granting of any authority of any kind whatsoever from the original lender to MERS in any respect whatsoever. 42. All documents related to any trust (e.g. trust indenture, trust document, etc.) or trustee (e.g. appointment and powers of trustee for trust) of any trust created incident to the securitization of any of the Plaintiffs mortgage loans. 43. All documents demonstrating the compliance of the REMIC into which any of the Plaintiffs mortgage loans were assigned with Internal Revenue Code section All documents demonstrating compliance by the REMIC or any Trustee with all REMIC qualification guidelines. 7

8 Zimmerman v. JPMorgan Chase et al., page 6 of All documents evidencing the receipt and application of any monies received from or as a result of the Federal Trouble Assets Recovery Program (TARP) including but not limited to any request for such funds based in part on a default of any of the Plaintiffs mortgage loans and application of any such funds toward any such default. 46. All documents which provide any authority of MERS or any other person or entity to transfer a Note and Mortgage instrument into a securitized mortgage loan trust after the closing date thereof. 47. All Governing Documents, memoranda, or other writings setting forth all terms and conditions between any mortgage loan servicer and any alleged owner of any of the Plaintiffs promissory notes tied to a mortgage instrument, including notification of claims. 48. The title page to each of the Plaintiffs mortgage loans. 49. IRS Form 1099-OID for each of the Plaintiffs mortgage loans. 50. IRS Form 1066 with accompanying Schedule Q for each of the Plaintiffs mortgage loans. 51. All servicing contracts between any insurance tracker and any loan servicer as to the Plaintiffs mortgage loans and/or any securitized mortgage loan trust into which any of the Plaintiffs mortgage loans were assigned or placed, including all addenda and schedules thereto or identified therein including but not limited to Service Level Agreements (SLA), Return To Lender (RTL) documents, and any listing of Unable To Locate (UTL) Documents. 52. All documents identifying the Operations Account Manager (OAM) for the specific account(s) related to the Plaintiffs mortgage loans. 53. All documents concerning or relating to any reports of transactions between financial and foreclosure-related systems as to the Plaintiffs mortgage loans including but not limited to reports provided by Fidelity systems and/or tracked in web-based filing cabinets (including but not limited to Balboa_IT_CCS) and in any system including but not limited to AXSPoint, COOL, or otherwise. 54. All reports of any experts, accountants, and the like upon which any of the Defendants intend to rely in the trial of this cause or at any hearing, and all documents upon which Defendants intend to rely or which Defendants intend to introduce into evidence in support of any Motion or at the trial of this cause. 8