fl request for production - foreclosure defense

8/6/2019 FL Request for Production - Foreclosure Defense

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any mortgage broker, loan originator, loan closing agent, if different, and/or anyperson or entity that held the loan from the date of the closing to the date of yourresponse to this Request.

2. The term "Defendant" and/or "The Homeowner(s)" refers to MARIA LILIANHERNANDEZ and IVAN SAENZ.

3. The term "attorney" or "attorneys" means any and all persons, whether associatedwith a law firm, that has represented you and your interests in any way in thislawsuit from the date you claim a default in payment on the mortgage and noteoccurred, through institution of this action to present date, including anyparalegals, in connection with the foreclosure of this mortgage, and or any and allof the defenses and claims raised by The Homeowner(s).

4. As used herein, the term "person" means any natural person, individual,proprietorship, partnership, corporation, association organization, joint venture,firm, other business enterprise, government body, group of natural persons, orother entity.

5. As used herein, the terms "documents" as well as "documentation" shall meanany written, printed or typed matter in the possession, custody or control ofPlaintiff, his agents and/or attorneys, including, but not limited to, all drafts andcopies bearing notations or marks not found in the original, letters andcorrespondence, interoffice communications, surveys, reports, messages of anytype, telephone messages, notices, instructions, minutes, summaries, notes, notesof meetings, transcripts, file folder markings, and any other organizational indicia,accounting records, accounting worksheets, tapes or other recordings, magnetic

-2-Th e Arcia Law F irm , PL, 3350 S. W 14 8" Avenue, Suite 110,Miramar, Florida 33027

Telephone (800)770-7102 - Facsimile (954)433-8389www .Ardal.aw iirm .com


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tapes, electronic data storage devices, electronic data communication devices,computers spreadsheets, computer printouts, or any other information filed orstored in any form in computers or otherwise and which can be retrieved,obtained, manipulated, or translated.

6. As used herein, the term "relates to" or "relating to" means referring to,concerning, documenting, responding to, containing, regarding, discussing,documenting, describing, reflecting, analyzing, constituting, disclosing,employing, defining, stating, explaining, summarizing, or in any way pertainingto.

7. As used herein, the terms "and" as well as "or" shall be construed bothdisjunctively and conjunctively so as to bring within the scope of each of theserequests any information which otherwise might be construed to be outside thescope of any request.

8. The use of the singular form of any word includes the plural, and the use of the

plural includes the singular.INSTRUCTIONS

1. These requests encompass all items within your possession, custody or control.2. Your written response shall state, with respect to each item or category, thatinspection and related activities will be permitted as requested, unless the request isobjected to, in which event the reasons for the objections shall be stated. If objectionis made to part of an item or category, the part shall be specified and inspectionpermitted of the remaining parts.

- 3 -The Arcia Law F irm , P.L ., 3350 S. W . 148 " A ve nu e, Su ite 1 10 , M ir am ar, F l o ri d a 33027

T e le p ho n e ( 80 0 )7 7 0- 71 0 2 - F a cs im i le ( 95 4 )4 3 3- 83 8 9www.Ardal.awilrm.com


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" - . / \:.J3. All documents which are to be produced shall be produced as they are kept in theusual course of business or shall be organized and labeled in a manner clearlyidentifying and indicating the documents or tangible things being produced inresponse to the particular request.4. This request is deemed to be continuing in nature, and in the event you becomeaware of or acquire in your possession, custody or control additional responsivedocuments, you are requested to produce promptly such additional documents forinspection and copying.5. If in responding to these requests you encounter any ambiguity in construing anyrequest, instructions or definition, set forth the matter deemed ambiguous and theconstruction used in responding thereto.6. If any document cannot be produced in full or in part, you shall state, in writing,the reasons for your inability to produce all or any portion of the document requestedand serve those reasons on defendants at the time required for response.7. If any requested documents are withheld under a claim of privilege, identify eachsuch document and state the date of the document, identify its author and addressee,each person to whom copies of the document were furnished or to whom the contentsthereof were communicated, a summary of the subject matter of the document, itspresent location and custodian, the basis upon which the asserted privilege is claimed,and the requests to which the document is responsive.8. If any of requested documents have been destroyed, furnish a list identifying eachsuch document, its author and addressee, each person to whom copies of thedocument were furnished or to whom the contents thereof were communicated, a

- 4 -The Arcia Law F irm , PL, 3350 S. W . 148 " A ve nu e, Su ite 7 70 , M ira ma r, F lo rid a 3 30 27

T e le ph o ne (8 0 0) 77 0 -7 7 02 - F a cs im i le ( 95 4)4 3 3- 83 8 9www.ArciaLawFirm.com


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7. All fee agreements between you and your attorneys or other documentsrelating to such fees.8. All documents summarizing or memorializing any oral communications

between The Homeowner(s) and your company related to or in any way connectedwith the loan transaction involving The Homeowner(s) and all documents containingor relating to any written communications between you and The Homeowner( s) inconnection with the Agreement, the Mortgage and or mortgage deed attached to orreferred to in the attachments to Plaintiff s complaint.9. All documents relating to any fees, commissions or other paymentsreceived in connection with the Agreement, the Mortgage and or mortgage deedattached to or referred to in the attachments to Plaintiff s complaint.10. All documents in existence at the time of the transaction under which:

(a) you and/or NOVASTAR MORTGAGE, INC. agreed to extend creditto persons;(b) you and/or NOVASTAR MORTGAGE, INC. agreed to pay anyoneelse a fee, commission or other payment based on you and/orNOV ASTAR MORTGAGE, INe. 's extension of credit;(c) Anyone who agreed to pay you and/or NOVAS TAR MORTGAGE,INC. a fee, commission or other payment based on you and/orNOVASTAR MORTGAGE, INC.'s extension of credit;(d) Anyone else guaranteed payment of all or any part of the obligation toyou and/or Mortgage LenderslMERS; and

- 6 -The Arcia Law Firm, P.L., 3350 S. W 148" Avenue, Suite 1J0, Miramar, Florida 33027

Te lephone (8 00 )7 70 -7 10 2 - F acsimile (954)433-8389www.Arcial.awiirm.com


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(e) Anyone else agreed to indemnify for any losses in transactions withpersons.

11. All documents prepared in connection with or relating to all actions takenby any person acting on you or NOVASTAR MORTGAGE, INC.'s behalf to ensurecompliance with the Truth in Lending Act in the transaction which is the subject matterof this lawsuit.

12. All documents containing or relating to any Truth in Lending disclosuresprovided to The Homeowner(s) in the transaction which is the subject matter of thislawsuit.13. All documents relating to any procedure the closing agent had at the timeof the transaction herein to ensure that The Homeowner(s) were provided with Truthin Lending disclosures.14. All documents relating to any procedures the closing agent had at the timeof the transactions which were subsequently changed to ensure that the loan

originator provided its customer with accurate Truth in Lending disclosures loantransactions.15. All documents prepared in connection with or relating to any actions youtook to insure that you and/or NOV ASTAR MORTGAGE, INC. provided TheHomeowner(s) with Truth in Lending disclosures.16. Copies of both sides of each and every check(s) issued by you and or any

closing agent in connection with the Agreement, the Mortgage and/or mortgage deed, allwritten guarantees executed by any person, party or entity, including but not limited toThe Homeowner(s). The requested checks include the following:

- 7 -The Arda Law Firm, PL, 3350 S. W 14 8 '" Avenue, Suite 110, Miramar, Florida 33027

Telephone (800)770-7102 - Facsimile (954)433-8389wwwArdaLawFfrm.com


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including paperless and or wire and or electronic transfer of funds (Hereinafterreferred to as "Check") issued by you and or received by anyone in connection withand or related to the acquisition of the mortgage and note that you claim to own and

or hold and/or have the right to reestablish and or foreclose. The requested checksinclude the following:

(a) check(s) you made payable to anyone;(b) check(s) payable to any of your agents, including servicing agents;(c) check(s) endorsed to you or any of your agent;(d) check(s) made payable to any other persons receiving a portion of the forced

places insurance premium proceeds which you paid in connection with the mortgagetransaction;

(e) any check(s) issued to pay for:(1) force placed insurance premiums;(2) costs associated with any force placed insurance for which you seek

reimbursement;(3) appraisal fees associated with force placed insurance;(4) credit reporting fees associated with force placed insurance;(5) real estate title searches associated with force placed insurance; and(f) check(s) made payable to anyone other than The Homeowner(s) issued in

connection with or related to or associated with force placed insurance for which youseek reimbursement.27. All documents relating to any and all escrow charges passed on to TheHomeowner(s), including notices of amounts due, any delinquency, checks

- 10 -nil' A rcia Law F irm , PL, 3350 S. W. 14 8 " Avenue , Suite 770,M ir am ar , F lo rid a 33027

Telephone (800)770-7102- Facsimile (954)433-8389www.Arcia l .awhrm.co m


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'-J Transaction Journal" in connection with the loans referred to above, and the contentsof all such "Mortgage Brokerage and Lending Transaction Journals" kept inconnection with the loans referred to above.38. Any and all documents that are related to any servicing agreements withand/or between Plaintiff and any servicing agents and/or for any of the persons orparties who may have owned and/or held an ownership interest in the mortgage andnote subject to this suit.39. Any and all contracts between Plaintiff and Plaintiffs counsel justifyingthe claim and amount of attorney's fees alleged in this case.40. Any and all invoices to justify all of your out of pocket expenses,including but not limited to reimbursement for service of process fees, propertyinspection fees, brokers opinions of value, photocopying and postage and title searchcosts.41. Any and all documents relating to the Trust Agreement establishingPlaintiff/Counter-Defendant as Trustee, including but not limited to the entire trustagreement itself.42. Any and all documents relating to the establishment and or creation ofDEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDERNOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1.43. Any and all documents that are in any way related to the purchase of theHomeowner(s)' mortgage and note by the DEUTSCHE BANK NATIONAL TRUSTCOMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDINGTRUST, SERIES 2007-1, and or the Trustee on behalf of the DEUTSCHE BANK

- 13 -The Arcia Law Firm, PL, 3350 S. W 148 " Ave nu e, Suite 11 0 , Miramar , F lo ri da 3 3027

Telephone {800}770-7102 - F acsim ile {954}433- 838 9www.ArciaLawFirm .co m


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"'-"NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTARMORTGAGE FUNDING TRUST, SERIES 2007-1 including but not limited to thepurchase agreement, cancelled checks, wire or other electronic transfer paymentsinstructions and confirmations, and or the assignment of the mortgage loan.44. Any and all documents that are in any way related to the securitization ofthe Homeowner(s)' mortgage and note from the date of closing to the present date.45. Any and all documents related to any credit default swap and or creditderivative contract between Palintff and any other counterparties, including periodicpayments and or payoffs made that are in any way related or connected to and oraffect the Homeowner(s)' mortgage and note.46. Any and all documents that evidence Plaintiff's standing to bring theabove-styled action.47. Please produce the original note on this transaction for inspection at theoffices of the undersigned counsel.48. Any and all documents that identify who the "Lender" is in the transactionat issue in this case.49. Any and all documents used by You to investigate and complete Yourresponses to the interrogatories served upon you jointly herewith under separatecover.50. Any and all assignments or conveyances of the note transferring themortgage and note from immediate predecessor-in-interest of the Mortgage/ Deed ofTrust and Note to the Plaintiff.

- 14 -Th e A rda Law Firm , P.L ., 3 35 0 S. W . 748 Avenue, Su ite 7 70, Miramar , Florida 33027

Telephone (800)770-1102 - Facsimile {954}433-8389www.Arda l .awi l rm.com


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, - , , '51. Please produce copies of any and all allonges to the note under Plaintiff'scontrol for the mortgage and note which is the subject of this lawsuit.52. If the chain of title does not provide the entire ownership of the note andmortgage uninterrupted, provide the documents which demonstrate the uninterruptedownership of the note and mortgage from closing until today.53. Any and all documents in connection with or related to the method bywhich any person or entity catalogued, saved, stored and/or retrieved the originalmortgage and note from origination to the response to this request to produce.

Respectfully submitted,THE ARCIA LAW FIRM, P.L.Counsel for the Homeowner( s)3350 SW 148th AvenueSuite 110Miramar, FL 33027Tel. 800-770-7102Fax 954-4..n.8389

BY: ~/ ~ _'OMARJ.~RCIAFla. Bar No. 057223

- 15 -The Areta Law firm , P.L., 3 35 0 S. W 14 8 " Avenue, Suite 110, Miramar , f lo r id a 3 3027

Telephone {800}170-7102 - Facs imile {954}433-8389www.ArciaLawFirm.com


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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent viafacsimile and U.S. Mail to Jared Bannan, Esq., Kahane &Associates, P.A., 8201 PetersRoad, Suite 3000, Plantation, FL 33324 this i1fday of April, 2009.

- 16 -The Areta L aw F irm , PL, 3350 5.W 148' Avenue, S uite 1 10, Miramar, f lo rid a 3 3027

Telephone {800}770-7102 - Facsimi le {954}433-8389www.ArciaLawFirm.com

fl request for production - foreclosure defense

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