Sample Interrogatories

SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION – ESSEX VICINAGE

——————————————————————X                Civil Action

Deutsche Bank National Trust Company, As Trustee Of

Argent Securities, Inc. Asset Backed Pass Through Certificates, Series 2004-PW1

Docket Number: XXX

REQUEST FOR

INTERROGATORIES

Plaintiff(s),

vs.

XXX; John Doe,

Husband Of XXX                                                                            XXX Avenue

Rosedale, NY 11422

Defendant(s)/Pro Se ——————————————————————X

REQUEST FOR DISCOVERY: INTERROGATORIES

i). Defendant, XXX, serves these interrogatories on Deutsche Bank National Trust Company, as authorized by Case Management Order dated September 30, 2009, and by the Federal Rule of Civil Procedure 33. Deutsche Bank National Trust Company must serve an answer to each interrogatory separately and fully, in writing and under oath within 30 days after service to: XXX, XXX Ave., Rosedale, NY 11422.

INSTRUCTIONS

ii). These requests for interrogatories are directed toward all information known or available to Deutsche Bank National Trust Company – not its lawyer, Ralph F. Casale, Esq. – including information contained in the records and documents in Deutsche Bank National Trust Company’s custody or control or available to Deutsche Bank National Trust Company upon reasonable inquiry.

iii). Each request for interrogatory is to be deemed a continuing one. If, after serving an answer, you obtain or become aware of any further information pertaining to that request, you are requested to serve a supplemental answer setting forth such information.

iv). As to every request for interrogatory which an authorized officer of Deutsche Bank National Trust Company fails to answer in whole or in part, the subject matter of that request will be deemed confessed and stipulated as fact to the Court.

v). Kindly attach additional sheets as required identifying the Interrogatory being answered.  You have a continuing obligation to update the information in these Interrogatories as you acquire new information. If no such update is provided in a reasonable period of time that you acquired such information, it may be excluded at trial or hearing.

DEFINITIONS

vi). “You” and “your” include Deutsche Bank National Trust Company and any and all persons acting for or in concert with Deutsche Bank National Trust Company.

vii). “Document” is synonymous in meaning and equal in scope to the usage of this term in Federal Rule of Civil Procedure 34(a) and includes computer records in any format. A draft or non-identical copy is a separate document within the meaning of this term. The term “document” also includes any “tangible things” as that term is used in Rule 34(a).

viii). Parties. The term “plaintiff” or “defendant”, as well as a party’s full or abbreviated name or a pronoun referring to a party, means the party and, where applicable, (his/her/its) agents, representatives, officers, directors, employees, partners, corporate parent, subsidiaries, or affiliates.

ix). Identify (person). When referring to a person, “identify” means to give, to the extent known, the person’s full name, present or last known address, telephone number, and when referring to a natural person, the present or last known place of employment. Once a person has been identified in compliance with this paragraph, only the name of that person needs to be listed in response to later discovery requesting the identification of that person.

x). Identify (document). When referring to a document, “identify” means to give, to the extent known, the following information: (a) the type of document; (b) the general subject matter of the document; (c) the date of the document; (d) the authors, address, and recipients of the document; (e) the location of the document; (f) the identity of the person who has custody of the document; and (g) whether the document has been destroyed, and if so, (i) the date of its destruction, (ii) the reason for its destruction, and (iii) the identity of the person who destroyed it.

xi). Relating. The term “relating” means concerning, referring, describing, evidencing, or constituting, directly or indirectly.

xii). Any. The term “any” should be understood in either its most or its least inclusive sense as necessary to bring within the scope of the discovery request all reasons that might otherwise be construed to be outside of its scope.

REQUEST FOR INTERROGATORIES

1. Please identify each person who answer these interrogatories and each person (attach pages if necessary) who assisted, including attorneys, accountants, employees of third party entities, or any other person consulted, however briefly, on the content of any answer to these interrogatories.

ANSWER:

2. For each of the above persons please state whether they have personal knowledge regarding the subject loan transaction.

ANSWER:

3. Please state the date of the first contact between Deutsche Bank National Trust Company and the borrower in the subject loan transaction, the name, address and telephone number of the person(s) in your company who was/were involved in that contact.

ANSWER:

4. Please identify every potential party to this lawsuit.

ANSWER:

5. Please identify the person(s) involved in the underwriting of the subject loan. “Underwriting” refers to any person who made representations, evaluations or appraisals of value of the home, value of the security instruments, and ability of the borrower to pay.

ANSWER:

6. Please identify any person(s) who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, closing, or the receipt of money from a third party in a transaction that referred to the subject loan.

ANSWER:

7. Please identify any person(s) known or believed by anyone at Deutsche Bank National Trust Company who had received physical possession of the note and allonges, the mortgage, or any document (including but not limited to assignment, endorsement, allonges, Pooling and Servicing Agreement, Assignment and Assumption Agreement, Trust Agreement,  letters or email or faxes of transmittals  including attachments) that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding, or the receipt of money from a third party in a transaction, and whether such money was allocated to principal, interest or other obligation related to the subject loan.

ANSWER:

8. Please identify all persons known or believed by anyone in Deutsche Bank National Trust Company or any affiliate to have participated in the securitization of the subject loan including but not limited to mortgage aggregators, mortgage brokers, financial institutions, Structured Investment Vehicles, Special Purpose Vehicles, Trustees, Managers of derivative securities, managers of the company that issued an Asset-backed security, Underwriters, Rating Agency, Credit Enhancement Provider.

ANSWER:

9. Please identify the person(s) or entities that are entitled, directly or indirectly to the stream of revenue from the borrower in the subject loan.

ANSWER:

10 Please identify the person(s) in custody of any document that identifies the loan servicer(s) in the subject loan transaction.

ANSWER:

11. Please identify any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction.

ANSWER:

12. Other than people identified above, identify any and all persons who have or had personal knowledge of the subject loan transaction, underwriting of the subject loan transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan transaction, or the decision to enforce the note or mortgage in the subject loan transaction.

ANSWER:

13. Please state address, phone number, and employment history for the past 3 years of Tamara Price, Vice President, Argent Mortgage Company, LLC, “designated as the Assignor” of the mortgage loan to Deutsche Bank National Trust Company (Assignment of Mortgage recorded in Essex County Register’s Office on June 25, 2008).

ANSWER:

14. Please state the date on which Argent Mortgage Company, LLC (originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller and Master Servicer).

ANSWER:

15. Please state the date on which Ameriquest Mortgage Company (Seller and Master Servicer) sold the mortgage loan to Argent Securities, Inc. (Depositor).

ANSWER:

16. Did Argent Mortgage Company, LLC (originator) or previous servicers of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Ameriquest Mortgage Company (Seller and Master Servicer) or any affiliate or from the trust funds, for handling, processing, originating or administering this loan?

ANSWER:

17. If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate or other financial consideration paid to Argent Mortgage Company, LLC, the originator or previous servicers of this account by Ameriquest or any affiliate, or from the trust fund.

ANSWER:

18. Please identify any party, person or entity known or suspected by Deutsche Bank National Trust Company or any of your officers, employees, independent contractors or other agents, or servants of your company who might possess or claim rights under the subject loan or mortgage and/or note.

ANSWER:

19. Please identify the custodian of the records that would show all entries regarding the flow of funds for the subject loan transaction prior to and after closing of the loan. (Flow of funds, means any record of money received, any record of money paid out and any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company or any affiliate including but not limited to whether the subject loan transaction was ever entered into any category on the balance sheet at any time or times, whether any reserve for default was ever entered on the balance sheet, and whether any entry, report or calculation was made regarding the effect of this loan transaction on the capital reserve requirements of your company or any affiliate.)

ANSWER:

20. Please identify the auditor and/or accountant of your financial statements or tax returns.

ANSWER:

21. Please identify any attorney with whom you consulted or who rendered an opinion regarding the subject loan transaction or any pattern of securitization that may have effected the subject loan transaction directly or indirectly.

ANSWER:

22. Please identify any person who served as an officer or director with Deutsche Bank National Company or Argent Mortgage Company LLC commencing with 6 months prior to closing of the subject loan transaction through the present. (This interrogatory is limited only to those people who had knowledge, responsibility, or otherwise made or received reports regarding information that included the subject loan transaction, and/or the process by which solicitation, underwriting and closing of residential mortgage loans, or the securitization, sale, transfer or assignment or hypothecation of residential mortgage loans to third parties.)

ANSWER:

23. Did any investor/certificate holder approve or authorize foreclosure proceedings on XXX’s property?

ANSWER:

24. Please identify the person(s) involved or having knowledge of any insurance policy or product, plan or instrument describing over-collateralization, cross-collateralization or guarantee or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan and the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any entity or buyer. A person who “transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay.)

ANSWER:

25. Please identify the person(s) involved or having knowledge of any credit default swap or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates. (Such instrument(s) relate to the composition of a pool, tranche or other aggregation of assets that was created, included or referred to the subject loan.)

ANSWER:

Submitted by:  XXX

XXX  Ave

Rosedale, NY 11422

CERTIFICATE OF SERVICE

I, I, XXX certify that on this 29th day of the month of October, 2009.

1. A true copy of the 10-page Request for Interrogatories was served on The New Superior Court of New Jersey, Chancery Division – Essex Vincinage, at 212 Wasington Street, Eighth Floor, Newark, New Jersey.

2. A copy of the foregoing was mailed on October 28, 2009 to

Dated: Queens New York

This _________ day of ___________ 2009    XXX

XXX Ave

Rosedale, NY 11422

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11 Responses

  1. This is the perfect webpage for anyone who hopes to find out about this topic. You understand so much its almost hard to argue with you (not that I actually would want to…HaHa). You definitely put a brand new spin on a subject that’s been written about for a long time. Excellent stuff, just wonderful!

  2. Argent Securities Trust 2006-M1+FIRST FRANKLIN MORTGAGE LOAN TRUST SERIES FF-14+DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST SERIES 2007-2

    “See, like I have said the trust is not registered, this trust is the issuing entity in the Pooling and Servicing agreement, it is supposed to be a common law trust under the laws of New York, but the trust does not exist in NY as a company or as anything.”

    One Response FKA… | December 23, 2010 at 9:40 pm | Reply

    I received the same certificate about a Trust “existing under NY Law” and asked one of the Bloggers for help.

    She had sone of her experts look into the not incorporated and this was the response

    (NY Trust law expert):
    I checked further on this.
    The transaction I am looking at has a filing for the trust as a “statutory trust” in Delaware. At closing, the owner trustee delivers a “certificate of trust” from the secretary of state, division of corporations from Delaware which states the trust name (XYZ Mortgage Corp, Series 2007-X)….

    I do not believe that any filing with the state is necessary to create a common law trust. It’s created privately.

    You don’t actually need a depositor to do a securitization.

    The two-step structure was something the ratings agencies began to insist on around 2001 or so (I have a Deloitte piece about this if anyone wants to read more).

    But the issuing entity has to be a distinct entity for bankruptcy remoteness.

    It doesn’t have to be a trust–CMBS often uses LLCs or corporations.

    But this means that the transfer from the depositor to the trust is the critical true sale.

    Sponsor to depositor is less critical.

    The Delaware variation is that Delaware law allows for a “Delaware Statutory Trust.” To qualify, one needs to pay Delaware a bit of money and appoint a Delaware Statutory Trustee, who does absolutely nothing other than serve as Delaware Statutory Trustee.

    That’s just a way for Delaware to bring more business into the state.

    Being a Delaware statutory trust puts you under Delaware law, and Delaware has a state bankruptcy remoteness statute, but it’s not clear whether it is in any way effective because state law has to yield to federal bankruptcy law under the Supremacy Clause–a state cannot declare that an entity cannot file for bankruptcy, etc.

    FKA… | December 23, 2010 at 9:40 pm | Reply
    Mario Kenny ™
    HomeBankruptcy rocket docket and foreclosure by Sue D. Banker PALoan Closing AuditorsBrian K. Korte Esq a “Lawyer who gets it”, serves clients in all areas of Florida.

    This is now Mary asking when is a NY Trust not a NY Trust?

  3. Future
    Request leave from the court to file a counterclaim involving RESPS violations. A copy to the Plaintiff put on the Master that; I certify that I served on the Plaintiff a true copy of this motion on (date) addressed to (address)
    Your signature
    Sometime they will just sign it sometime a hearing is scheduled. Is the court far away ? You can put in a request to attend by telephone. Look up you stste statutes. I can email you my copy and you can change anything on the counterclaim.
    Here is my email studly26@hotmail.com
    Stan
    Wisconsin

  4. Ive filed a negative averment and counterclaim that shut donw the forelcosure which bank did not answer. they have sent me a boat load of questions in their interogatory by usps. do i have to answer?

  5. i sent my qwr to FTC & HUD. someone advised me to do that.
    by the way my loan is securitarized it is also in jp chase which is also in a pool that is a part of a class action suite. i hope that is good for me and not bad….. smile

  6. can i sue this if the lenders have sued me for foreclosure?
    i sent the QWR and gave them 60 days per TILA
    it is now day 45 and no response

    i want to get this interagatories into court asap

    once they don’t answer them what is next?

  7. Excellent help man!! Awesome ideas and research that is current. God bless ya…

  8. Under the rule of civil procedure, if the Plaintiff refuses to answer interrogatories, discovery, etc. The judge can hammer them, as people have expressed on this blog, Plaintiff’s sometimes “forget” to answer QWR, and are not as easily compelled to do so.

    I am not an attorney, just explaining from my personal experience.

  9. How is the above “interrogatory” different from a QWR, or has this in particular been filed after the fact, ie with the homeowner not knowing to or having submitted a QWR during a default or prior to a foreclosure action.

  10. Good point – Fighting Hard -. Many large loans (over Fannie Fae/Freddie Mac limits) were not securitized but rather kept in bank’s “portfolio”. Further, many loans were “repurchased” due to missing documents/breach of representation/evidence of predatory lending. Therefore, even if mortgage loan was contained in original “Mortgage Schedule” – it does not mean it stayed there. Know of no public records where this information is available.

  11. does anyone have some advice or discovery against the Plaintiff in a foreclosure suit that DID NOT sell the loan and kept it in house.

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