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28 Responses

  1. From Consumer Rights Defenders: DISCOVERY IS CRITICAL!!!
    The only purpose of discovery is to get evidence that will either 1. prove your causes of action as a plaintiff against the bank or 2. disprove the banks defenses. But doing it right is difficult since most in pro se’s have no idea what or how to prove facts to a judge. That is were we come in with discovery packages that will convince. Ask about our brochure, “How to take a Deposition.”

    Please call us today for some help at 818.453.3585 and ask for Steve, Sara or Emily.[Spanish speaking by appointment]
    America’s No. 1 Litigation Support Team.

  2. This video post is genuinely great, the noise quality and the picture quality of this film post is in fact awesome.

  3. Consumer Rights Defenders can help you pro se homeowners with the litigation work that you will need from A-Z, starting with your complaint and then work through discovery which is the most important part of your case. You should consider having counsel for depositions, court appearances and settlement conferences and in the unlikely event you need a trial. Most cases settle. Affordable help for everyone. State and Federal courts.
    818.453.3585 M-F 9-4 PST, ask for Steve or Sara. Drop an email to us if you like to CR.Defenders@yahoo.com.

  4. It’s actually a nice and useful piece of info. I’m glad that you shared this helpful information with us. Please keep us informed like this. Thanks for sharing.

  5. We can affordably assist in discovery in Calif. by tailoring your discovery to your specific set of facts. Call us at 818.453.3585 for assistance whether you are counsel or in pro se.
    Ask for Steve or Sara

  6. Undeniably believe that which you stated. Your favorite reason seemed to be on the web the simplest thing to be aware of. I say to you, I certainly get irked while people think about worries that they just do not know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people can take a signal. Will likely be back to get more. Thanks

  7. ***ANN****
    THANKS SO MUCH FOR THAT SHARE…..
    I’m trying to find out where is it stated that a MSB can not own the note if they are claissifed as a REMIC. they can’t own the note because they would have to be a REMIT and pay taxes on them. Does anyone know where I can find that.

  8. FORGED SIGNATURES FOR LOAN REQUESTS FROM MASSACHUETTS MUTUAL LIFE INSURANCE CO.

  9. We now have ADVERSARY complaints for BK proceedings we can draft for you. Call us today at 818.453.3585. Ask for Steve or Sara. [The BK courts are more sympathetic to claims involving NO NOTES and lack of standing as a result, than ever before.]

  10. WE ABSOLUTELY GET IT! Call us for help in Calif at 818.453.3585 or send email.
    We can provide attorneys or in pro se DISCOVERY that will get you well into the Bank’s weaknesses. We only charge by the project so you save much vs. attorney drafting. Call us today if you need Discovery assistance. Ask for Steve or Sara.

  11. THE JUDGE AND CLERK FOR THE COURT ARE COMMERCIALLY SOLICITING YOUR SOVEREIGN PERMISSION, THROUGH PRACTICES OF DECEPTION, AND ARE ASKING FOR YOUR PERMISSION FOR
    CONTRACTING RIGHTS TO REQUEST FOR RELEASE AND CONTROL OVER THE “SUBJECT MATTER”

    WHICH IS, “THE INTER VIVOS, OR LIVING WILL ESTATE OF: ( your all capital letter name ) THAT IS BEING HELD
    IN THE “COLLATERALIZED TRUST ESTATE AND JURISDICTION” OF THE INTERNAL REVENUE SERVICES
    LOCATED IN PUERTO RICO. A POSSESSION OF THE UNITED STATES LIKE IE., (QUAM, PUERTO RICO AND
    WASHINGTON, DISTRICT OF COLUMBIA).

    LOOK ON A UNITED STATES POSTAL “MONEY ORDER” AND SEE WHERE IT IS “NEGOTIABLE”? THEY’RE
    ASKING PERMISSION TO LOOT YOUR PROPERTY HELD IN THE INDIVIDUAL TRUST ESTATE OF: ( your all
    capital letter name ).

    THIS IS DONE ALL IN THE NAME OF COMMERCE, FOR THE PROMOTION OF COMMERCE, TO FILL-UP TO OVER-FLOWING OF THEIR OWN “RETIREMENT” ACCOUNTS, THAT THEY MIGHT FIND FREEDOM OF CONTROL OVER THEIR OWN “INDIVIDUAL TRUST ESTATES”.

  12. does anyone know where i can get a lender affidavit, affidavit of satisfaction and substituion of trustee.

  13. Does anyone have or know where I can find a good motion for discovery?

  14. Correction for the post Deposition of Jeffrey Stephane of GMAC; The correct website is http://www.mattweidnerlaw.com
    Sorry.

  15. From Matt Weidner at http://www.weidnerlaw.com

    ANOTHER MIND BLOWING DEPOSION OF “SUPER ROBOT SIGNOR” JEFFREY STEPHAN

    In the foreclosure fight, the most aggressive attorneys operating in this state are the members of the Ice Law Firm. The passionate attorneys there, led by Tom Ice brought us the deposition of Angela Nolan where she admitted to signing tens of thousands of documents that she had absolutely no idea what they meant.

    Now Ice attorney Chris Immell brings us the deposition of Jeffrey Stephan an employee of GMAC Mortgage who admits to signing more than 10,000 affidavits and assignments per month on behalf of his employer. The entire deposition can be found here I’ll get to highlights in just a minute, but take a moment to read the deposition transcript…it’s a fascinating glimpse behind the curtain of the machine that operates to take hundreds of thousands of homeowner’s homes away from them.

    As the deposition reveals the mills are getting a little better in coaching their employees. When you compare this deposition to the prior depositions of Cheryl Sammons, Erica Johnson Seck and Angela Nolan, found here here and here, (These four depositions should be a part of every advocates case file) you’ll find that Super Robo Signer Stephan does a little bit better job trying to assert that he actually has some idea what he’s signing. Having said that, the deposition reveals that the foreclosure mill attorneys create the documents they need in order to fabricate the client’s right to foreclose, then these thousands of pages of word processed documents are printed up and signed by Robo Signer Stephan and shuttled back to the attorneys for whom the “evidence” has been created…to the tune of 10,000 a month for this signer alone! (Check out 4closurefraud.com for more awesome info and links)

    When you read the deposition, pay close attention anytime Stephan’s attorney shows up on the record saying, “Objection to Form”…it’s a game he’s playing, telling his client to be careful and not reveal too much in the answer to this question…but Ice attorney Immell does an excellent job of keeping the witness focused and he gets out the key facts and admissions.

    GREAT JOB TO ICE AND IMMELL…AWESOME ADVOCATES IN THIS CRITICAL WAR

  16. 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

  17. REQUEST FOR PRODUCTION
    ——————————————

    SUPERIOR COURT OF NEW JERSEY
    CANCERY 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
    Plaintiff(s), PRODUCTION OF
    DOCUMENTS
    vs.

    XXX; JOHN DOE,
    HUSBAND OF XXX,
    XXX Ave
    Rosedale, NY 11422
    Defendant(s) Pro-Se
    ——————————————————————X

    REQUEST FOR DISCOVERY: PRODUCTION OF DOCUMENTS

    XXX serves this Request for Production of Documents on Deutsche Bank National Trust Company, per Case Management Order dated September 30, 2009, and as authorized by Federal Rule of Civil Procedure 34. As required by this Order and Rule 34(b), Deutsche Bank National Trust Company must produce all requested documents for inspection and copying either as they are kept in the ordinary course of business or segregated according to each request. The documents must be produced within 30 days of service of this request at: XXX, XXX Ave, Rosedale, NY 11422.

    INSTRUCTIONS
    i). These requests for production of documents are directed toward all information known or available to Deutsche Bank National Trust Company – not its lawyers with no firsthand knowledge of the records in this instant case – including information contained in the records and documents in Deutsche Bank National Trust Company’s custody, control or available to Deutsche Bank National Trust Company upon reasonable inquiry. Where requests for documents cannot be answered in full, they shall be answered as completely as possible. No answer or an incomplete answer shall be accompanied by a specification of the reasons for the lack of answer and the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered Request for Documents. Please state the name(s) of the senior officer(s) having firsthand knowledge of the facts herein and their title answering this request.

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

    iii). As to every Request for Documents which you fail to answer in whole or in part, the subject matter of that document request will be deemed confessed and stipulated as fact to the Court.

    iv). For each document or other requested information that Deutsche Bank National Trust Company asserts is privileged or is not discoverable, identify that document or other requested information. State the specific grounds for the claim of privilege or other grounds for exclusion.

    v). For each document that Deutsche Bank National Bank Trust Company claims is not discoverable, state (1) the information required by the definition of “document” below, (2) the author’s job title and address, (3) the recipient’s job title and address, (4) the name and job title of all persons to whom it was circulated or who saw it, (5) the name, job title, and address of the person now in possession of the document, and (6) the document’s present location.

    vi). For a document that no longer exists or cannot be located, identify the document, state how and when it passed out of existence or when it could no longer be located, and state the reasons for the disappearance. Also, identify each person having knowledge about the disposition or loss of the document, and identify any other document evidencing the lost document’s existence or any facts about the lost document.

    vii). As to every Request for production which you fail to answer in whole or in part, the subject matter of that production will be deemed confessed and stipulated as fact to the Court.

    viii). Answer each request for production separately by listing the documents and by describing them as defined below. If documents are numbered for production, in each response, provide both the information that identifies the document and the document’s number.

    DEFINITIONS

    The following terms have the following meanings, unless the context requires otherwise:

    ix). 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. This definition is not intended to impose a discovery obligation on any person who is not a party to the litigation.
    x). Person. The term “person” means any natural person, any business, a legal or governmental entity, or an association.
    xi). Document. The term “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).
    xii). Communication. The term “communication” means the transmittal of information in the form of facts, ideas, inquiries, or otherwise.
    xiii). 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.
    xiv). Identify (document). When referring to a document, “identify” means to give, to the extent known, the following information: (1) the type of document; (2) the general subject matter of the document; (3) the date of the document; (4) the authors, addressees, and recipients of the document; (5) the location of the document; (6) the identity of the person or entity who has custody of the document; and (7) whether the document has been destroyed, and, if so, the (a) date of its destruction, (b) reason for its destruction, and (c) identity of the person who destroyed it.
    xv). Relating. The term “relating” means concerning, referring, describing, evidencing, or constituting, directly or indirectly.
    xvi). 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 responses that might otherwise be construed to be outside of its scope.
    xvii). And/Or. The connectives “and” and “or” should be construed either disjunctively or conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope.
    xviii). Number. The use of the singular form of any word includes the plural and vice versa.
    xiv). Deutsche Bank National Trust Company includes any and all persons, all past and current employees and agents acting, for in concert or behalf of Deutsche Bank National Trust Company each of your directors, employees, fiduciaries, representatives and agents, of this allege plaintiff, and any individual over which this allege plaintiff, exercises the power to control and direct as well as everyone acting for or on behalf of Deutsche Bank National Trust Company having firsthand knowledge.

    xx). “Documents” or “documents” means writings of every kind and character pertaining to the designated subject matter, including, without limitation and not limited to, the original and a certified copy, regardless of origin or location, of any regulation, court decision, book, pamphlet, periodical, letter, memorandum, file, note, diary, calendar, newspaper, magazine, statement, bill, invoice, order, policy, telegram, correspondence, summary, receipt, opinion, investigation statement or report, schedule, manual, financial statement, audit, tax return, articles of incorporation, bylaws, stock book, minute book, agreement, contract, deed, security agreement, mortgage, deed of trust, title or other insurance policy, report record, study, Note which indicates or constitutes evidence of debt, monetary instrument, contract for services or transfer of money between Plaintiff and any other person (natural or artificial), hand written note, map, drawing, working paper, chart, paper, draft, index, tape microfilm, e-mail, data sheet, data processing card, computer printout, computer program, check, bank statement, passbook or other written, typed, printed, photocopied, dittoed, mimeographed, recorded, transcribed, punched, taped, filmed, photographic or graphic matter, however produced, to which you have or have not had access.

    xxi). The term “equity in the original note” refers to the fact that not only does Deutsche Bank National Trust Company have physical possession of the original promissory note and custody like a fiduciary, but must have also vested financial interest in such: it legally belongs to Deutsche Bank National Trust Company.

    DOCUMENTS REQUESTED
    1) Please identify the true owner of this obligation pursuant to 15 U.S.C. § 1641(f)(2) and describe your relationship to this entity.
    RESPONSE:

    2) Produce copies of complaints or petitions in any action filed by or against Deutsche Bank National Trust Company in which allegations are similar to those of this suit.
    RESPONSE:

    3) Produce settlement agreements that Deutsche Bank National Trust Company has entered into with any party or non-party as a result of or relating to this instant case.
    RESPONSE:

    4) For each payment received, produce a complete payment history, including but not limited to the dates and amounts of all the payments that have been made on the alleged loan to date, how the payment was applied or credited (indicating the portion, if any, applied or credited to principal, interest, escrow or suspense, and any Servicer), the month to which the payment was applied and if interest and principle is calculated using an daily actuarial accounting method;
    RESPONSE:

    5) Produce a certified copy of all Truth in Lending material disclosures provided at any purported closing and all written notices that informed Defendant of all effective dates concerning the transfer of the Note and Security Instrument pursuant to 12 USC § 2605(c);
    RESPONSE:

    6) Produce a certified copy of all letters, statements, documents, and material disclosures sent to Defendant by Servicers, Sub-Servicers or others in your file or in your control or possession or in the control or possession of any affiliate, parent company, agent, Sub-Servicers, Servicers, attorney or other representative of your company;
    RESPONSE:

    7) Produce all accounting ledger cards, journal entries and/or bookkeeping entries regarding the crediting of any and all Promissory Notes, money equivalents, or similar instruments, identified as or evidencing assets provided by and/or signed by the borrowers and consumers relating to this Account.
    RESPONSE:

    8) Produce a copy of all account receivables or payable, (including the amount, payment date, purpose, length of insurance term, and recipient of all expenses including appraisal fees, property inspection/preservation fees, force-placed insurance charges, title insurance, hazard insurance, legal fees, recoverable corporate advances) relating to this Account that Argent Mortgage Company, LLC, Argent Securities, Inc., Deutsche Bank National Trust Company and any other bank, depository or financial institution and/or mortgage servicers recorded in its accounting ledger card and bookkeeping journal entries since the origination of this loan;
    RESPONSE:

    9) Produce the particulars of this Account setting forth each item recorded on the account since origination to include any and all Promissory Notes, money equivalents, or similar instruments, identified as or evidencing assets provided by and/or signed by the borrower and consumers on which Deutsche Bank National Trust Company or any other entity based an amount alleged due and owing, and the date that each item was delivered to the Plaintiff;
    RESPONSE:

    10) Produce an identification of the source of the funds used to fund the loan since its origination, including account name(s), number(s), and amount(s), including identification of the source of the funds Deutsche Bank National Trust Company used to purchase any and all Promissory Notes, money equivalents, or similar instruments, identified as or evidencing assets provided by and/or signed by the borrowers and consumers, and claims shall be due and owing, and the date the purchase was completed by Deutsche Bank National Trust Company or any subsequent Servicer;
    RESPONSE:

    11) Produce certified copies, front and back, of all checks or wire transfer confirmation obtained or issued by Argent Mortgage Company, LLC and used to fund and purchase this obligation, including all copies of checks or wire transfers paid as third-party fees at the closing by Argent Mortgage, LLC;
    RESPONSE:

    Further, you are hereby requested to produce the following documents and information as related to public disclosure of securities under SEC rules and servicing of this obligation – SEC File No.: 333-112237-01:

    12) A certified copy of all recourse agreements (including, the Master Pooling and Servicing Agreements, the Mortgage Loan Purchase Agreement, the Trust Agreement, Servicer Agreement, Assignment and Assumption Agreement, SEC Forms 424(b)(5), 8K, 10K, 10D, REMIC, NIMS Insurer) between the Servicers, Argent Securities, Inc., Argent Mortgage Company, LLC, Ameriquest Mortgage Company, Deutsche Bank National Trust Company and the SPV, and any other entity who claims ownership in this obligation whereby the original promissory note agreement and collateral instruments were pooled and securitized into a mortgage-backed security in the structured finance transaction;
    RESPONSE:

    13) Pursuant 17 CFR 240.12g5-1 provide the name of the “record holders” and/or the name of “each person who is identified as the owner of such securities on records of security holders maintained by or on behalf of the issuer.”
    RESPONSE:

    14) A certified copy of the Registration Statement as that term is defined under 15 USC § 77b(a)(8), i.e.; Form 8-A (short form) and Form 10 (long form) Registration Statements under the 1934 Act, Form S-1 and S-3 Registration Statement under the 1933 Act;
    RESPONSE:

    15) Any request for exemption or No-action letters from SEC with respect to their securities and all ACTS and certified copies of the application filed with the SEC for exempt status and the order issued by the SEC granting exempt relief from the appropriate provisions;
    RESPONSE:

    16) If no registration statement pursuant to the 1933 Act is available or otherwise required, please provide a comprehensive description that meets the “General Statement” of Regulation S and satisfies the conditions applied to the “Safe Harbor” rule.
    RESPONSE:

    17) The Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) Pub. L. 97-248, 96 Stat. 324, a bearer debt security generally must be issued under arrangements reasonably designed to ensure that such obligation will be sold only to a person who is not a United States person and must satisfy certain other conditions identified in the Tax Code § 163(f)(2)(B), and as such please provide:
    a) The Identify of all parties with ownership interest who have met the criteria as adopted by Treasury Regulation § 1.163-5(c)(i)(D) “TEFRA D” and § 1.163-5(c)(i)(C) “TEFRA C”
    RESPONSE:

    b) Certified copies of all statements on a U.S. Form W-8 or substitute thereto certifying the owner’s non-U.S. status where the obligations issued in registered form are not subject to the TEFRA rules and considered “portfolio interest.”
    RESPONSE:

    c) All information statements and returns filed with the IRS which identifies the name and address of all recipients of interest and original issue discount that meets the provisions of a U.S. obligor making payments to a foreign person under the Tax Code §§ 871(a)(1), 881(a), 1441(a), 1442(a) and § 6049
    RESPONSE:

    18) A description whether the Special Purpose Vehicle or the originator is the “issuer” as that term is defined under 15 USC § 80a-2(a)(22) for registration purposes under the Investment Company Act of 1940;
    RESPONSE:

    19) A description whether the pool or securities issued were required to register under the statutory or statistical definition of the 1940 Act? i.e., pursuant 17 CFR 270.3a-7 and if exempt, describe the characteristics that define the exception and avoids all requirements;
    RESPONSE:

    20) The allonge, front and back, affixed to my original promissory note with indorsements (including the dates endorsed) relating to and/or associated with this transaction, as outlined in the SEC Prospectus [Rule 424(b)(5)], Account No.: 0000882377-04-001138 filed on June 1, 2004 as follows: Argent Mortgage Company, LLC (Originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller & Master Servicer) who then sold the mortgage loan to Argent Securities, Inc. (Depositor).
    RESPONSE:

    Please be aware that the information contained in or filed with a Registration Statement as that term is defined under 15 USC § 77b(a)(8) shall be made available to the public under 15 U.S.C. § 77f(d) including any amendment thereto and any report, document, or memorandum filed as part of such statement or incorporated therein by reference.

    Nothing in the above requested documentation is proprietary under SEC rules, and is needed to determine accurate assignee liability and any pecuniary interest of Servicers and/or Trustees. Failure to provide the requested information confirms willful deceit on the part of Deutsche Bank National Trust Company, has legal implications and application under 17 CFR § 240.10b-5; (Rule 10b-5), of the 1934 Act, and applies to everyone, including any reference to Internal Revenue Code for evasion or money-laundering.

    Prepared and Submitted by: XXX
    XXX Avenue
    Rosedale, NY 11422

    CERTIFICATE OF SERVICE

    I, XXX certify that on this 29th day of the month of October, 2009.
    1. A true copy of the 12-page Request for Production Of Documents 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 Ralph F. Casale, Esq., 290 Route 46 West, Denville, New Jersey 07834 by Express Mail No. XXX.

    Dated: Queens New York
    This _________ day of ___________ 2009 XXX
    XXX Ave
    Rosedale, NY 11422

  18. Thanks to those who replied to my request for information.
    If anyone has a lengthy set of interrogatories that the bank will not or cannot answer, it will be much appreciated.
    One responder was kind enough to forward the following form which I am considering:

    Thanks,

    David davidwood100@yahoo.com

  19. I need help. I have filed a suit against Citimortgage and there attorney for fraud for illegally foreclosing on us. I am at the discovery. HELP. How do I format it and I brought up the issue of 12(b)(6) failed to state a claim. In my suit against them can I bring up the MERS info submission and discovery in my discovery even if I didn’t bring up MERS? I did bring up time and time again that their Assignment of Mortgage which mentions MERS as nominee did hold water, that it was a fraudulent assignment.

  20. Pro Se in California non-judicial needs some help in going up against Citibank. Would like to file in state or federal a demand to produce the note, with MERS challenge.
    If you have done this or know where I can get templates, I would appreciate it.
    I am almost two months past notice of default.
    davidwood100@yahoo.com

  21. “URGET” I need a lawyer who can help us, my property is in foreclosure, which had a trustee sale date September 14, 2009, we have to file for chapter 7 to stop the trustee sale. I am in the Ventura County area, and I need a lawyer who can help on what to do next. Please this is urgent if can someone get back to me I will appreciate it.

    Carlos
    805 452-5736

  22. how do you force discovery in a non judicial state like Oregon?

  23. Lisa E., I too am Pro-Se, and also in a battle with Florida Default Group, via BofA, by merger with LaSalle. If you are interested in sharing notes, contact me at floridaforeclosurefight@yahoo.com – Curtis

  24. So, Now the loan with all the fraudulent signatures on my truth in lening, borrowers auth form, all the atty general forms and she even signed me off with a big X on a form stating that I cannot cancel the mortgage. Now in official compliant on record, however complint filed yesterday5/7/09, wriiten 4/9/09? and the sevicer EMC has assigned this loan to citi bank in the last 2 weeks, also the second was with EMC then with a company called real time solutions then back p EMC and then I get a call agian from this real time solutions last nite???? Sounds like a hot potato. I do have an owners title policy as well as a lenders policy, can I just call them and make a claim? This game is getting bizzare

  25. Lisa,
    You can also submit a QWR via the court. I would like to see how they will object to that.
    At my hearing I told the judge that they refused to answer my QWR when I submitted one. The judge ordered them to answer the QWR.
    So, you can certainly try that.
    Feel free to contact me if you want to network. I am Pro Se also.
    xyrant@gmail.com.

  26. Lisa where are you in Fla, I am in the Tampa Bay area and very well may be able to assist you.
    Neil I hope this is ok, please email me with your information or go to my site and fill out a request form, I will get back with you ASAP.
    This is a scary situation for Pro-Se and you are not alone in this fight of home foreclosures
    Best wishes, BuddyT

  27. I used #6 above as a framework to file discovery request for production of documents and interrogatories. Plaintiff’s attorney at Florida Default Group objected to almost all items.

    I am working on a motion to compel and also considering filing a much more in depth Motion to Dismiss (already filed a brief one in the 20 day response period after being served with the foreclosure lawsuit).

    I’m in Florida, fighting Pro Se and hoping for the best. I find it extremely intimidating to deal with attorneys, courts, judges, legal mumbo-jumbo!

    I lived my whole life as a responsible person with a practically perfect credit score. Along with so many others, I have been completely financially wiped out by this terrible mortgage tsunami that has tidal waved America.

    How did this happen to so many of us? Where are all these families, many with young children, living once they are evicted from their homes?

    Good luck to all as we carry on.

  28. i had a notary notarize apaper but i was never there i made a police report the fraud investigation unit sent a detective to the notary who replied she notarized at the brokers concent. i dont know either people. is it true the detective should have asked the notary to surrender her journal, since a report of fraud had been made. the city clerk office told me i could not get a copy of the signature line item as the notary never turned in her journal or renewed her license im in california any help regarding this would be appreciated i did get a lawyer who did nothingthanks alfred massera apmwjmejm@yahoo.com

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