DEFENDANTS S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF CONTINUING INTERROGATORIES I. INSTRUCTIONS

Size: px

Start display at page:

Download "DEFENDANTS S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF CONTINUING INTERROGATORIES I. INSTRUCTIONS"

Jonas Gregory
5 years ago
Views:

1 COMMUNITY LEGAL SERVICES, INC. By: Rachel Labush, ESQUIRE Attorney for Defendants I. H. and Attorney I.D. No A. H Chestnut Street Philadelphia, PA Tele: Bank of America, N.A. successor by merger to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP, Plaintiff v. I. H. and A. H., Defendants COURT OF COMMON PLEAS PHILADELPHIA COUNTY CIVIL DIVISION June Term, 2012 No. DEFENDANTS S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND FIRST SET OF CONTINUING INTERROGATORIES I. INSTRUCTIONS 1. In answering, Plaintiff is requested to identify separately and in a manner suitable for use in a subpoena all sources of information (whether human, documentary or other) and all records maintained by Plaintiff or any other person, entity or organization on which Plaintiff relies in answering the Interrogatories or which pertain or relate to the information called for by the Interrogatories. 2. The Interrogatories and Document Requests are to be considered continuing. Supplemental answers and documents must be filed by Plaintiff upon discovering or becoming aware of additional responsive documents or of information rendering prior answers or any part thereof inaccurate, incomplete or untrue. 3. If any information called for by any Interrogatory is not available in the full detail requested, such Interrogatory shall be deemed to require the setting forth of the information related to the subject matter of the request in such detailed manner as is available. 4. If Plaintiff withholds any requested information or identification or production of any document on the basis of privilege, please so state, and for each request or document provide: a. The nature of the privilege(s) claimed; b. The form in which the information or document exists; c. The general subject matter of the material;

2 d. The date of the document; and e. Such other information as is sufficient to identify the document for a subpoena duces tecum including, where appropriate, the author of the document, the addressee of the document and, where not apparent, the relationship of the author addressee and any recipients to one another. 5. If any requested document has been misplaced, destroyed or discarded, or otherwise disposed of, please so state, and for each document provided: a. Its date; b. The identity of all person(s) who prepared the document; c. The subject matter of the document; d. The subject matter of the document; e. If misplaced, the last time and place it was seen and a description of efforts made to locate the documents; f. If disposed of, the date of and reason for disposal, the identity of the person(s) who authorized disposal and the identity of the person who disposed of the document. 6. If Plaintiff is currently without information necessary to respond to any Interrogatory or document request, such Interrogatory or Document Request shall be deemed to require a reasonable investigation and any response thereto shall set forth the facts surrounding such investigation, including to identity of other individuals with knowledge. 7. If any requested document is not in the possession or control of Plaintiff, please so state, and for each document provide the identity of the name of the individual, corporation, company or other entity who Plaintiff believes is likely to be in possession of the requested information. 8. When a document exists as a word processing, computer database, or spreadsheet file, please either print the document or copy the file to a disk in a commonly used format. If you have any questions about what format to use, please contact the undersigned. Please provide instructions or explanations of the format, terms, abbreviations and language used, such that the document can be understood by a lay reader. 9. For each response provided, identify all persons who supplied information contained in the answer, and, if more than one person is listed, identify the relevant contribution of each. If such person(s) is not an employee of Plaintiff, then explain the basis of such person(s) s authority to respond on behalf of Plaintiff and identify all documents relating to such authority. 10. If any Interrogatory or Document Request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem.

3 II. DEFINITIONS 1. Defendants refers to Defendants I. H. and A. H.. 2. Borrower refers to I. H. and A. H.. 3. Plaintiff and Lender refer to the entity named in the caption of the complaint as Plaintiff, i.e. Bank of America, N.A. successor by merger to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP, and Successor Plaintiff Nationstar Mortgage LLC; and also to its servicers, agents, officers, employees, and any previous owners or servicers of the loan. 4. Bank of America refers to Bank of America, N.A. successor by merger to BAC Home Loans Servicing LP, FKA Countrywide Home Loans Servicing LP. 5. Nationstar refers to Nationstar Mortgage LLC. 6. Original lender refers to the entity named on the Mortgage as lender, i.e. Quicken Loans. 7. The mortgage or the loan when used without qualification refers to the mortgage loan underlying this action. 8. The term document is an all-inclusive term with the broadest possible meaning accorded to it under the Pennsylvania Rules of Civil Procedure, and means any medium upon which intelligence or information can be recorded or retrieved, including without limitation any electronic data stored on any computer, network, electronic mail/ system, or other electronic media, including, but not limited to, active files, deleted files, or fragmentary files, and disks and other media, and also includes, without limitation, the original and each copy regardless of origin and location, of any book, pamphlet, periodical, letter, memorandum, diary, calendar, telex, electronic mail message, telegram, cable, report, record, contract, agreement, study, handwritten note, draft, working paper, chart, paper, print, record, drawing, sketch, graph, index, list, tape, stenographic recording, tape recording, computer diskette and/or data, photograph, microfilm, invoice, bill, order form, receipt, financial statement, accounting entry sheet or data processing card, or any other written, recorded, transcribed, punched, taped, filmed, or graphic matter, however produced, reproduced, or stored, which is in your possession, custody, or control. The term document also means an authentic copy where the original is not in your possession or control and every copy of a document that is not an identical copy of the original. 9. The terms relating to or related to or regarding or concerning or referencing or pertaining to mean referring to, received from, addressed to, sent to, alluding to, responding to, announcing, explaining, evaluating, discussing, showing, describing, studying, reflecting, analyzing, or consulting in whole or in part, and includes documents that form any part of a legal status or condition or legal rights being claimed

4 or asserted. 10. And as well as or shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the interrogatory those responses that might otherwise be construed to be outside its scope; All shall mean each and all; Any shall mean each and every; and all plural terms shall include the singular and all singular terms shall include the plural. 11. In addition to any specific instructions set forth within an interrogatory, identification, identify, or identity, when used in reference to an individual, requires you to state his or her full name, employer, position, and last known home and business address and telephone number; when used in reference to a business entity, requires you to state its full name, including its corporate form (e.g., Inc., LLP, LLC), any name under which it does business, and the address of its principal place of business. III. REQUESTS FOR PRODUCTION OF DOCUMENTS Pursuant to Pa. R.C.P , the Defendant in the above-captioned case, I. H. and A. H. ( Mr. and Ms. H. or Defendants ), by and through their undersigned counsel, Rachel Labush, Esq., hereby requests that the Plaintiff in the above-captioned case, Nationstar Mortgage LLC, 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). Defendants request 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 Defendants counsel with copies of the requested documents. following: 1. All documents in the loan origination file, including but not limited to the

5 a. All Truth in Lending disclosure statements, estimated disclosures, notices of right of rescission or cancellation, Good Faith Estimates of closing costs, HUD-1 settlement statements, 3-day advance disclosures, or other notices of the Borrower s rights and obligations in connection with the loan transaction. b. All signed and unsigned copies of the mortgage. c. All copies of the promissory note. d. All written instructions to the closing agent or closing attorney. e. All written loan applications prepared by the borrower, lender, contractor, broker, or others. f. All insurance disclosures, mortgage servicing statements, first payment letters or notices, notices or agreements concerning escrow, agreements, borrower s affidavits, compliance agreements, agreements to mediate or arbitrate, and any and all other documents presented to, or signed by, the Borrower on or before the date of the loan closing. g. All appraisals or documents having a bearing on appraisals of the property at issue in this matter, and all disclosures regarding the right to receive a copy of any appraisal. h. All documents relating to the submission of the mortgage loan to the lender for underwriting approval, including applications, verifications of income and assets, worksheets, credit reports, and the like. i. All documents concerning the transaction sent, or reflecting contact, between or among any of: the Original Lender s main or branch offices,

6 the servicer, or the broker. j. All preliminary approvals of credit concerning the transaction. k. All documents relating to or making reference to any disbursements made through the transaction. l. All documents concerning the purchase of title insurance in connection with the transaction, including but not limited to the title insurance policy, invoices for purchase of title insurance, and documents relating to the determination as to the title insurance rate to be charged. m. All other documents in the loan origination file. 2. All documents showing solicitations or loan offers to Defendants from Quicken Loans, including any letters sent, and a log of all phone calls and in person meetings with Defendants. 3. All documents concerning the servicing of the loan, including but not limited to the following: a. Copies of any written communications between Plaintiff and Borrower or Defendants (or any persons acting on behalf of Borrower or Defendants), including but not limited to communications concerning loan forbearance, loss mitigation, and disputes over the account. b. All documents describing, relating to, referring to, or concerning communications between Plaintiff and Borrower or Defendants (or any persons acting on behalf of Borrower or Defendants), including but not limited to communications concerning loan forbearance, loss mitigation, and disputes over the account.

7 c. All logs relating to communication or contact between Lender and Borrower or Defendants. d. All notices provided by Lender to Borrower or Defendants, including but not limited to all pre-foreclosure notices, notices of intent to foreclose, notices of default, notices of acceleration, or similar notices or correspondence. e. All loan modification application packets sent by Defendants to Plaintiff. f. All loan modification, trial plan and forbearance offers sent by Plaintiff to Defendants. 4. The original promissory note ( Note ) underlying the loan, together with the originals of all endorsements or allonges to the Note. Please note that this Request seeks production of the original documents, not copies. In your response, please specify a reasonable time and place for inspection of these documents. 5. Copies of all written assignments of the Mortgage. 6. Any agreement, correspondence or other document, including any pooling and servicing agreement ( PSA ) or schedule to a PSA, that, in addition to the note and mortgage, relates to the Nationstar s interest in the loan. 7. Any and all account activity statements for the loan, including any separate accounts that pertain to corporate advances or fees attributable to the loan, together with all instructions or explanations of the format, terms, abbreviations and language used in the payment history. 8. All documents supporting or relating to the Plaintiff s claim that any amounts set forth in the complaint are due, including but not limited to the following:

8 a. All property inspection reports, appraisals or price opinions, or other documents or reports if a charge for such is part of the claim. b. All attorney invoices or receipts if a charge for attorney s fees is part of the claim. c. All documents relating to the payment of court costs or other foreclosure costs if such costs are part of the claim. d. All invoices or receipts for fees or services of any description if a charge for such fees or services is part of the claim. e. All documents relating to any escrow account balance or shortage if such balance or shortage is part of the claim. f. All documents relating to any of the above. 9. All invoices and other documents related to any fee or charge included in any amount that Defendants would have to pay in order to reinstate the mortgage. 10. All documents, including but not limited to all corporate resolutions, relating to the authority of each individual who executed a written assignment of the mortgage to do so on behalf of the entity purporting to assign the mortgage. 9. All other documents relating to the loan, including but not limited to documents relating to the origination, the underwriting, the closing, the transfer, and/or the servicing of the loan. IV. INTERROGATORIES Pursuant to Pa. R.C.P. 4005, the Defendant in the above-captioned case, I. H. and A. H. ( Mr. and Ms. H. or Defendants ), by and through their undersigned counsel, Rachel

9 Labush, Esq., hereby requests that the Plaintiff in the above-captioned case, Nationstar Mortgage LLC, 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. You may mail written answers or responses to: Rachel Labush, Esq. Community Legal Services 1424 Chestnut St. Philadelphia, PA matter. 1. Identify all persons who have knowledge of the claims and defenses in this 2. Does Nationstar 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

10 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 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

11 of the Note underlying the mortgage at issue, and please state the address where these documents are physically held. 5. Identify the particular trust entity, if any, on whose behalf named Plaintiff is acting and identify all documents that establish or pertain to that trust entity and/or that define the responsibilities and authority of named Plaintiff applicable to this action. 6. 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.

12 7. State the employment history of Trisha Jackson, who signed the October 13, 2011 assignment of the mortgage. Specifically, (a) state the date she began working at Mortgage Electronic Registration System, Inc. (b) state the date her employment ended, (c) state the positions she held at Mortgage Electronic Registration System, Inc. and the dates she held each position. 8. Identify the broker for Quicken Loans who solicited the application for the loan, and who conducted the closing. State the broker s current workplace and position, and give contact information.

13 9. Identify any Customer Service employees assigned to Defendant s loan. State their names, dates or employment, and contact information. 10. State why Defendants were only offered a loan modification in January 2015, after twenty-one conciliation conferences. 11. Identify Original Lender s relationship with Countrywide Home Loans Servicing LP at the time the loan orginated.

14 12. Identify the loan modification program, the eligibility criteria, and the modification waterfall for the trial plan offered to Defendants on January 10, Identify the owner of the loan on October 13, 2011 before it was assigned from MERS to Bank of America. Dated: Rachel Labush Attorney for Defendants

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

FHA SAMPLE (not including instructions and definitions) III. REQUESTS FOR PRODUCTION OF DOCUMENTS Pursuant to Pa. R.C.P. 4009.11, the Defendant in the above-captioned case, Jane Doe ( Ms. Doe or Defendant