A New Set of Interrogatories:

Oct 16, 2012

DENY AND DISCOVER!!

INTERROGATORIES: FOLLOWING THE MONEY

PLEASE!!! CONSULT WITH ATTORNEY LICENSED IN YOUR JURISDICTION OR THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED BEFORE YOU ACT ON ANYTHING ON THIS BLOG. These need to tweaked to fit your case, but they are a decent first step at getting to the truth:

Interrogatories:

Please identify the financial institution, contact information and account manager and contact information for any accounts maintained in any checking, savings, or investment account in a demand deposit account or otherwise in the name of U.S. Bank as Principal Trustee for any entity claiming an interest in the subject loan, on behalf of the holders of any certificated or uncertificated interests in J.P. Morgan Acquisition Trust 2–6-CH1, Asset backed Pass-Through Certificate series 2006-CH1 (hereinafter the Pool) with sufficient specificity that fulfills the requirements for you to identify and produce documents or witnesses related to such account(s) upon subpoena.
Please state whether the Pool is a trust and if so, under the laws of which state the trust was created, registered or otherwise lawfully created.
Please state the address and phone number for the Pool or its manager.
Please identify the original document by which U.S. Bank claims to be Trustee for the Pool, including the current location of said documents and the name of the party, person or entity that has current possession of said document with sufficient specificity.
Please state and identify the source documents that reflect the transactions relating to the Pool as to all receipts and disbursements.
Please identify all parties or entities that engaged in any transaction in which a guarantor, co-obligor, or other third source of payments was created in any way related to the subject loan or the subject Pool.
Please identify the person or persons, including contact information, telephone number, address, employer, and email who provided any information that was used to compute the claim of the amount due on the subject alleged loan.
Please identify the source documents utilized by any party or person who participated in computing the amount claimed as due for the subject loan.
Please identify the person or persons serving as the record-keeper and bookkeeper for the Pool, including contact information, phone number, address and employer.
Please identify the name of the auditing firm that reviewed or audited the financial information relating to the subject loan or the Pool.
Please identify the documents by which the closing agent on the subject loan received instructions, wire transfer receipts, or any other documents or instruments that would show the source of funding for the loan, including the location of such documents, the person who serves as record keeper of those documents, their contact information, address and phone number.
Please state whether or not the payee on the promissory note proffered by Plaintiff was the source of funding of the loan. The source of funding means the party or parties who provided the actual money that was sent to the closing agent for the closing of the loan.
Please state whether the source of funding and the payee on the alleged note were the same parties.
Please state whether the source of funding and the mortgagee on the alleged note were the same parties.
Please state whether the party identified as the “lender” on the promissory note in the subject alleged mortgage loan transaction performed due diligence in accordance with industry standards for the underwriting of the loan.
If Your answer is in the affirmative to the previous question please identify the persons who were responsible or who provided services or performed any tasks with respect to performing said due diligence including their contact information, telephone number, address and employer.
Please state the name and contact information of the person or persons in possession, care custody or control of the underwriting file for the subject loan.
Please state whether the underwriter, Master servicer, subservicer or any other party relating to the pool received or disbursed any funds relating to the pool, and if so identify the receipts or disbursements by generic type — i.e., payments from borrower, funding from from lending source, insurance, credit default swaps, buyouts, buy-backs,, insurance premiums, fees or costs.
Please state the name of the person or persons who decided how such third party payments or disbursements should be allocated to or against the pool.
Please state the policy for treatment of receipts of proceeds from the above-stated third party payments and disbursements as to how such money was or was not allocated to the pool.
Please describe any insurance policy issued with respect to the pool or the securities issued by the pool including the location, person in custody of said policy and their contact information, phone number, address and employer.
Please describe any credit default contract issued with respect to the pool or the securities issued by the pool including the location, person in custody of said contract and their contact information, phone number, address and employer.
Please describe any other contract, policy or instrument that resulted in payments or disbursements with respect to the pool or securities issued by the pool including the location, person in custody of said policy and their contact information, phone number, address and employer.
Please state whether a current loan receivable account has been maintained by any party with respect to the subject alleged loan other than the subservicer who received payments from the borrower.
Please state the party or parties to whom payment was directed by the subservicer, when such payments started, and when such payments stopped.