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EDITOR’S NOTE: Chris has distilled the discovery requests down to what he feels are the essentials. My focus is evolving toward the actual money trail because I think it is there that we will find that no money exchanged hands in connection with documents purporting to memorialize a “transaction” in which the obligation, note or mortgage was “sold.”

Keep in mind that the discovery request might need to be directed to more than one party and if the party is not a plaintiff or defendant in pending litigation you might need to subpoena them. If  one of the parties was in bankruptcy, it has occurred to me that a good party to subpoena for deposition might be the U.S. Trustee in Bankruptcy. I would add the following:

1. All wire transfer instructions relating to the origination and funding of the subject loan.
2. All wire transfer instructions relating to any transaction in which the loan was sold or hypothecated.
3. All purchase agreements relating to the sale of the subject loan.
4. Any evidence of payment by any party relating to the origination or funding of the subject loan.
5. Any evidence of payment by any party relating to transfer or sale of the subject loan.
6. Any evidence of payments received by the creditor relating to either the subject loan directly or indirectly relating to the alleged pool of assets claiming ownership of the subject loan.
7. All accounting information relating to the obligation due investors who purchased or advanced money into the securitized pool.
8. All payments to any party made by the servicer relating to the subject loan. 
9. All accounting records and work sheets relating to the creation of a loan receivable on the balance sheet of the loan originator.
10. All evidence relied upon by the foreclosing party that the originator owned the subject loan at any point in time.
11. Any evidence of payments received on behalf of the creditors.
12. All evidence relied upon by the Trustee or any other party in the securitization chain that the preceding party owned the subject loan or any part of it.

SUBMITTED BY CHRIS:

You need to ask for the following documents in discovery:

1) All Loan Purchase and Sales Agreements from the time of the loan was funded to and including the present regarding my note and deed of trust.
2) A true and correct certified copy of my Note, endorsements, including the allonge;
3) Any and all transferring of servicing rights and loan servicing agreements during any time since the funding of the loan to and including the present;
4) True and correct copies of any and all Asset Pooling Agreements, the Mortgage Loan Purchase Agreement, and Power of Attorney, if any; and Affidavit provided by the Custodian of Records at any time by any servicer since the origination of the loan to and including the present:;
5) Any and all MERS agreement;
6) Any and all REMIC agreements;
7) Any and all Securitization Agreements at any time concerning my Note, Deed of Trust and Loan;
8) Copies of all applications and insurance policies issued and charged against the escrow account of the subject loan at anytime whatsoever regardless of whether or not credits ha.re been subsequently made;
9) Copies of all assignments of my note and deed of trust at any time whatsoever;
10) Copies of any and all Trust agreements, if any.

Tags: bankruptcy, borrower, countrywide, disclosure, discovery, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, money trail, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
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