request for production of note and mortgage for forensic testing supplement

7/27/2019 Request for Production of Note and Mortgage for Forensic Testing Supplement

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LINDA TIRELLI

OF COUNSEL TO DAVID BRODMAN ESQ.

COUNSEL FOR DEBTOR

ONE NORTH LEXINGTON AVENUE, 11TH FLOOR

WHITE PLAINS, NEW YORK 10601

PH(914) 946-0860

IN THE UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF NEW YORK

MANHATTAN DIVISION--------------------------------------------------------X

IN THE MATTER OF

CHAPTER 13

MS. TANDALA MIMS CASE #10-14030(mg)

DEBTOR

FIRST SUPPLEMENTAL

REQUEST FOR PRODUCTIONOF DOCUMENTS

-------------------------------------X

DEBTORS FIRST SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS

TO: Wells Fargo Bank, NA and Nicole E. Schiavo, Esq. c/o Hogan Lovells, LLP its counsel of

record the Debtor Tandala Mims hereby makes this request for the production of

documents to be produced for inspection and copying at the office of Linda M. Tirelli, PC,

One North Lexington Avenue, 11th

Floor, White Plains, NY 10601 at or before 1:00 P.M.

DECEMBER 21, 2011.

DEFINITIONS

For purposes of responding to this production request, the following definitions shall apply:

1. Debtor means Tandala Mims.

2. Wells Fargo Bank, NA means Wells Fargo Bank, N.A. and its parent company,

employees, agents, attorneys, accountants, representatives, associates, predecessors,

successors, assigns, affiliates, subsidiaries or entities acting on its behalf or under its

control.

3. Petition Date means July 27, 2010.

4. Proof of Claim means that certain Proof of Claim dated June 2, 2011and filed by Wells

Fargo Bank, NA with the ECF filing system reflected as claim number 6-1 and as

amended on or about September 9, 2011, reflected as claim number 6-2, in the

bankruptcy case captioned: In re Tandala Mims, Case #10-14030(mg), pending in the

10-14030-mg Doc 77 Filed 12/13/11 Entered 12/13/11 19:19:26 Main DocumentPg 1 of 7


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United States Bankruptcy Court for the Southern District of New York;

5. Debtors MORTGAGE refers to the MORTGAGE which forms the basis for the claims

asserted in the Proof of Claim.

6. Promissory Noteor Noterefers to the debtors obligation to repay the loan which

forms the basis for the claim asserted in the proof of claim.

7. Document or Documents means and its intended to have the broadest possible

meaning and includes, without limitations, any writings, electronic transmissions, email,

drawings, graphs, charts, photographs, recorded, digitally encoded, graphic, and/or other

data compilations from which information can be obtained, translated if necessary

through detection devices into reasonably usable form, or other information, including

originals, copies (if the original is no longer available), translations and drafts thereof

and all copies bearing notations and marks not found on the original. The term

Document or Documents includes without limitation, account statements, affidavits,

analyses, appraisals, confirmations, contracts, correspondence, communications, deeds

of trust, diskettes, drafts, estimates, evaluations, filings, financial statements, forms,

journals, ledgers, letters, lists, memoranda, minutes, notations, notes, opinions, orders,

pamphlets, papers, employees review checklists, permanent files, pictures, press

releases, projections, prospectuses, publications, receipts, recordings of conferences,

conversations or meetings, reports, statements, statistical records, studies, summaries,

tabulations, telegrams, telephone records, telex messages, transcripts, understandings,

videotapes, vouchers, work papers, copies of records and documents, and sheet or things

similar to any of the foregoing however denominated. The term Document or

Documents further means any document now or at any time in the possession,

custody, or control of the entity to whom this document request is directed (together

with any predecessors, successors, affiliates, subsidiaries or divisions thereof, and their

officers, directors, employees, agents and attorney(s). Without limiting the term

control as used in the preceding sentence, a person is deemed to be in control of a

document if the person has a right to secure the document or a copy thereof.

8. And and or as used herein are terms of inclusion and not of exclusion and shall be

construed either disjunctively or conjunctively as necessary to bring within the scope of

the request for production of documents any document or information that might



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otherwise be construed to be outside its scope.

9. Any means one or more.

10. Describe, discuss, analyze, describing, discussion, or analyzing, mean any

document that, in whole or in part, characterizes, delineates, explicates, deliberates,

evaluates, appraises, assesses or provides a general explanation of the specified subject.

11. Person means any natural person, corporation, partnership, company, sole

proprietorship, association, institute, joint venture, firm, governmental body, or other

legal entity, whether privately or publicly owned or controlled, for profit or not-for-

profit, or partially or fully government owned or controlled.

12. Relate to and relating to mean to make a statement about, refer to, discuss, describe,

reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or

otherwise to be used, considered, or reviewed in any way in connection with, the

specified subject. Thus, documents that relate to a subject also include those which

were specifically rejected and those which were not relief or acted upon.

13. The singular form of a noun or pronoun shall be considered to include within its

meaning the plural form of the noun or pronoun, and vice versa. The masculine form of

a noun or pronoun shall be considered to include within its meaning the feminine form

of the noun or pronoun, and vice versa.

14. Regardless of the tense employed, all verbs shall be read as applying to the past, present

and future as is necessary to make any paragraph more, rather than less, inclusive.

15. Year means calendar year.

DOCUMENTS COMMANDED FOR PRODUCTION

1. A complete, unredacted copy of the Default Services Agreement between Wells Fargo Bank, N.A.and Fidelity National Foreclosure & Bankruptcy Solutions, Inc. and/or LPS Default Solutions Inc.

(hereinafter the Default Services Agreement)

2. Complete, unredacted copies of any predecessor agreements to the Default Services Agreement plusany addendums, supplements and modifications to any such predecessor agreements.

3. Complete, unredacted copies of any successor agreements to the Default Services Agreement plusany addendums, supplements and modifications to any such successor agreements.



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4. A complete, unredacted copy of the original Network Agreement between Fidelity NationalForeclosure & Bankruptcy Solutions, Inc., a division of Fidelity National Title Company and Steven

J. Baum, PC (hereinafter the Network Agreement) plus any addendums, supplements andmodifications to this agreement.

5. Complete, unredacted copies of any predecessor agreements to the Network Agreement plus anyaddendums, supplements and modifications to any such predecessor agreements.

6. Complete, unredacted copies of any successor agreements to the Network Agreement plus anyaddendums, supplements and modifications to any such successor agreements.

7. All documents relating to charges for statutory expenses listed on all invoices, payment records,deposit records, transmittal records, emails, correspondence, telephone call logs and computer files.

8. All documents relating to all title costs, recording costs, filing costs, service costs and courtcosts listed on the documents attached to Proof of Claim and all pleadings, affidavits, declarations

and other documents presented in this litigation, including, but not limited to invoices, paymentrecords, deposit records, transmittal records, emails, correspondence, telephone call logs andcomputer files.

9. All payments, credits or other exchanges of value received by the Steven J. Baum PC law firmand/or any successor law firm in connection with any agreement with Fidelity National Foreclosure

& Bankruptcy Solutions, Inc., a division of Fidelity National Title Company and any successor firmincluding, but not limited to, Lender Processing Services, Inc., and LPS Default Solutions

10.All payments, credits or other exchanges of value made by the Steven J. Baum, PC law firm and/orany successor law firm in connection with any agreement with Fidelity National Foreclosure &

Bankruptcy Solutions, Inc., a division of Fidelity National Title Company and any successor firm

including, but not limited to, Lender Processing Services, Inc.

11.All payments, credits or other exchanges of value received by the Steven J. Baum, PC law firmand/or any successor law firm in connection with any goods and services related to the debtors

loan, foreclosure and/or bankruptcy cases.

12.All payments, credits or other exchanges of value made by the Steven J. Baum, PC law firm and/orany successor law firm in connection with any goods and services related to the debtors loan,foreclosure and/or bankruptcy cases.

13.All payments, credits or other exchanges of value made by the Steven J. Baum, PC law firm and/orany successor law firm in connection with electronically transmitting invoices for goods and servicesvia New Invoice.

14. All communications involving the Steven J. Baum, PC law firm and/or any successor law firmrelated to any missing referral documents.

15. A true copy of the original document referring the debtors case to the Steven J. Baum, PC lawfirm and/or any successor law firm.



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16.Produce every internal code or identification system for any process or issue of any type ofnature which is set up or maintained by the defendant, any of its subsidiaries, affiliates,technology providers, vendors or vendees which will explains in plain English the explanation(s)or description(s) of the issue or process which is referenced by the code.

17.Please state whether any of the codes, issues, or processes identified in the previous request areassigned to any particular vendor, vendee, outsource provider, department, group, other subcategory of persons, or entities who provide services to the licensees of LPS Desktop or MSP.Please describe every code so identified and how this defendant determines or signs responses tothe issue of process based upon its code.

18.Please produce every document stored in the LPS Desktop imaging system by producing thedocument by its unique identification number (ID #) which is generated by LPS. For eachdocument you should identify the identification number (ID #) and then produce each imageassociated with the image number so that a lay person could identify what images are associated

with the identification number (ID #) maintained in the LPS Desktop system.

19.Please produce a list of every subsidiary, entity, vendor, vendee, outsource provider, any otherperson, or firm who provides any service to this defendant in relation to foreclosure and thedefault servicing division in relation to its business where it engages in foreclosure or defaultservicing immediately prior to beginning the foreclosure process.

20.Please produce every email, sms, mms, im, voice mail, communique, memorandum,communication however documented any other document, media of any type or nature whichreflects or relates to any communication between LPS, any servicer or creditor to this action, anyemployee or agent of any creditor or servicer to this action, any person, firm or entity that has arelationship with LPS or any creditor or servicer to this action which discusses, mentions, orotherwise communicates entered by any method any information of any type or nature regardingthe consumers loan. Excluded from this request are any communication which are attorneyclient privileged. For any communication which is withheld as a result of any claim of privilege,please produce a privilege log indicating the timing of the communications by and between theparties to said communications, the basis for the claim of privilege and any other materialrequired to provide a privilege log in compliance with the controlling rules of evidence indiscovery.

21.Copies of any and all retainer agreement(s), letters of engagement, invoices, payments,communications as between the law firm Parker Poe and Wells Fargo Bank, NA as the same

relate to the representation of John Herman Kennerty.

22.Please produce every email, sms, mms, im, voice mail, communique, memorandum,communication however documented any other document, media of any type or nature whichreflects or relates to any communication between the law firm of Parker Poe and Wells Fargo asrelates to the representation of John Herman Kennerty.



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23.Please produce every email, sms, mms, im, voice mail, communique, memorandum,communication however documented any other document, media of any type or nature whichreflects or relates to any communication between Wells Fargo Bank, NA by or through itsattorneys and the office of the United States Trustee as pertains to the instant case.

24.Please produce copies of all documents provided to the United States Trustee in response to thesubpoena issued by the United States Trustee related to the entry of the Order granting the UnitedStates Trustees motion to conduct a 2004 examination of Wells Fargo Bank, NA as pertains to theinstant case.

Dated: White Plains, New York

December 13, 2011/S/ Linda M. Tirelli

Linda M. Tirelli, Esq.

Law Offices of Linda M. Tirelli

Counsel for Debtor

One North Lexington Avenue, 11th

FloorWhite Plains, NY 10601

Phone (914)946-0860 / Fax (914)946-0870

CERTIFICATE OF SERVICE

Linda M. Tirelli, attorney for the debtor, hereby certifies to the Court as follows:

1. I am not a party for the foregoing proceeding;

2. I am not less than 18 years of age;

3. I have this day served a copy of the foregoing Debtors Request For Inspection And

Forensic Testing Of Original Documents on all parties in interest by placing the same in an

envelope, first-class mail, postage prepaid, addressed to each person at his dwellinghouse or usual place of abode or to the place where he regularly conducts his business or

profession as follows:

TO:

Mr.John Stumpf, President and CEO

Wells Fargo & Company

420 Montgomery St.San Francisco, CA 94163

Nicole E. Schiavo, Esq.

Hogan Lovells US, LLP

875 Third AvenueNew York, NY 10022

http://www.hoovers.com/100001420-1.htmlhttp://www.hoovers.com/100001420-1.htmlhttp://www.hoovers.com/100001420-1.htmlhttp://www.hoovers.com/100001420-1.html


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Ms. Tandala Mims

1167 Grenada Place

Bronx, NY 10466

United States Department of Justice

Office of the United States TrusteeSouthern District of New YorkAttn: Greg Zipes, Esq. and Andy Velez-Rivera, Esq.

33 Whitehall Street, 21st Floor

New York, NY 10004

Jeffrey L. Sapir, Esq.

Chapter 13 Trustee

399 Knollwood Road, Suite 102White Plains, NY 10603

4. To the best of my knowledge, information and belief, the parties in interest are not

infants or incompetent persons;

5. Service as outlined herein was made within the United States of America.

This the 13th

day of December, 2011.

/S/ Linda M. TirelliLinda M. Tirelli, Esq.

Law Offices of Linda M. Tirelli

Counsel for Debtor

One North Lexington Avenue, 11th Floor

White Plains, NY 10601

Phone (914)946-0860 / Fax (914)946-0870
