Best Form: Request For Production

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SEE 9.06.2011 Chase RICO-Request-for-Production

EDITOR’S NOTE: Jeff Barnes has put together what I would call the gold standard in a request for production in a mortgage case. It will no doubt lead to an early settlement. But if it went all the way, it would reveal the facts necessary to question the perfection of the lien, the transfer of the obligation, the owner of the obligation, the owner of the lien, the right to foreclose and the wrongful, intentional misconduct by intermediaries who inserted themselves into the foreclosure process simply by barring the investors from ever knowing there was anything going on.

Here are some notable excerpts:

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.

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).

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.

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.

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.

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, owner of the lien, owner of the obligation, perfection of the lien, quiet title, request for production, request to produce, rescission, RESPA, securitization, TILA audit, transfer of the obligation, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |