Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Chi Chi
Can someone tell me if these Inerrogatories are to invasive or are they wrong or unreasonable?


INTERROGATORY NUMBER 1:

        Please identify each person (name, business address, telephone number and title) 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.


INTERROGATORY NUMBER 2:
       
        State the names of all persons or entities, in order of assignment, who at anytime were constructive holders or holders in due course of the promissory note obligating the defendant(s) and/or alienable in the instant case prior to its alleged assignment to the plaintiff.

INTERROGATORY NUMBER 3:

        Provide the name, address and telephone numbers of the person who witnessed the signature of the defendant(s) on the promissory note, if applicable.




NTERROGATORY NUMBER 4:

        Provide the name, address and telephone numbers of the witnesses and notary public who witnessed the defendant(s) signature on the mortgage.


INTERROGATORY NUMBER 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.

INTERROGATORY NUMBER 6:

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

INTERROGATORY NUMBER 7:

        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.

INTERROGATORY NUMBER 8:
       
        Please identify any and all persons (name, address, and telephone number) 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.

INTERROGATORY NUMBER 9:

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

INTERROGATORY NUMBER 10:

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

INTERROGATORY NUMBER 11:

        State the name of each and every organization the plaintiff has an ownership or controlling interest in.

INTTERROGATORY NUMBER 12:

        Has the Plaintiff or any previous mortgage company, holder in due course, or Plaintiff’s predecessor(s) in title or any affiliate or trust fund charged-off the Defendant’s account? If so, state the amount, date received, entity received from and who received the credit.

INTERROGATORY NUMBER 13:

        Describe in detail when, where and how the promissory note obligating the defendant(s) and/or alienable in this instant case came to be lost or destroyed if alleged in the petition.

INTERROGATORY NUMBER 14:

        Please state name, address, phone number, and employment history for the past 3 years of any and all person who acted as a designated authorized representative for the Plaintiff or any previous mortgage companies, holders in due course, or Plaintiff’s predecessors in title who executed the note, mortgage, allonage(s), assignments, or any other document which is connected to the loan or mortgage in the above referenced matter.

INTERROGATORY NUMBER 15:

        Explain in detail why Plaintiff has standing to enforce the security interest in this matter. Please include any and all statutes and case law utilized to support your response.

INTERROGATORY NUMBER 16:

        Has the Plaintiff or any previous mortgage company, holder in due course, or Plaintiff’s predecessor(s) in title or any affiliate or trust fund received any tax credits in relation to Defendant’s account? If so, state the amount, date received, entity received from and who received the credit.

INTERROGATORY NUMBER 17:

        Provide the name, address, telephone number, commission information (including date commissioned, expiration and jurisdiction) for any notary public who executed any of the allonage(s), assignments, enforcements, etc. related to any and all documents executed by the designated authorized representative for the Plaintiff or any previous mortgage companies, holders in due course, or Plaintiff’s predecessors in title, or the Defendant(s).
       
INTERROGATORY NUMBER 18:

        State the consideration (value) given by each and every persons or entity, in order of assignment, who at anytime were constructive holders or holders in due course of the promissory note obligating the defendant(s) and/or alienable in the instant case including the present plaintiff. Please include the amount, date, and form of consideration.

INTERROGATORY NUMBER 19:

        Did any originator or servicers of this account receive any compensation, fee, commission, payment, rebate or other financial considerations from Plaintiff or any previous mortgage company, holder in due course, or Plaintiff’s predecessor(s) in title or any affiliate or from the trust funds, for handling, processing, originating or administering this loan?

INTERROGATORY NUMBER 20:

        If yes, please describe and itemize each and every form of compensation, fee, commission, payment, rebate or other financial consideration paid to the originator or previous servicers of this account.

INTERROGATORY NUMBER 21:

        Please identify any party, person or entity known or suspected who might possess or claim rights under the subject loan or mortgage and/or note.

INTERROGATORY NUMBER 22:

        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.)



INTERROGATORY NUMBER 23:

        Please identify any person who served as an officer or director within Plaintiff’s organization or any previous mortgage company, holder in due course, or Plaintiff’s predecessor(s) in title or any affiliate 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.)

INTERROGATORY NUMBER 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.)

INTERROGATORY NUMBER 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.)

INTERROGATORY NUMBER 26:

        State the name, job title and business address of each person who has first hand personal knowledge of the time and/or circumstances under which the promissory note purporting to obligate the defendant and/or ended instant case was lost or destroyed if alleged in the complaint.

INTERROGATORY NUMBER 27:

        Explain why the alleged copy of the promissory note submitted with the petition includes no allonage showing any assignment of the note to the named plaintiff.
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FnDoomed
Chi Chi - please scroll the posts in this forum until you find one just a few pages in that says something like "Defensive discovery - starting off on the right foot".

You're missing a few basic questions, asking questions that you need the answers to - or in some cases DO NOT WANT ANSWERED.

Discovery isn't the place to prove how much you can prove. You only need to prove two or three things so keep away from everything else and save some of your questions for followups.
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FnDoomed
Editing myself ... you're asking questions that you don't need answered or DO NOT WANT ANSWERED...
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?
Is the Interrogatory really more of an admission?
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....
This is a horrible example of discovery.

You would be good with question 1-2 (I still think they could be reworded a little better) that's about it.

It is easily apparent that this is a "canned" discovery request you pulled off the internet and that the questions are not tailored to the facts in your case.

It is also easily apparent you do not understand what you are asking for an why.

You will have to file a motion to compel and have a coherent argument on WHY they should be required to answer these questions.

Discovery questions do NOT need to be worded in a confusing way to "show how smart you are" and to appear that you are more advanced than you are. I actually think this is counterproductive.

ie. 8. Please identify any and all persons (name, address, and telephone number) 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.

The more complicated you make the wording the more reasons you give the Plaintiff to object.

What does "subject loan transaction" mean??

What does "transfer" mean??

What does "assignment or hypothecation of the subject loan transaction" mean?? (I'm not sure how you assign a "loan transaction")

I could go on and on but don't have the time or energy, but I'm sure the Counselor's para-legal has this all ready in a word processor.

In most cases you will NOT get much of a response to discovery. You have to be prepared to support your request in front of a Judge. If you develop simple requests that make sense, the Judge is more likely to grant your motion to compel and order production.

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Chi
Thanks everyone for your reply.

But FnDoomed if I can just press you for a minute and tell me which basic questions are missing and please tell me which questions I dont need answers to so I can delete the add the ones that I need.

Your help is greatly appreciated.
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Chi Chi
.... I think this was done by a para legal, I guest, I was given this by my lawyer to look over because I ask to see it. So this means I am in trouble, because it appears they dont know what they're doing.
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FnDoomed
Roper's defensive discovery thread...

http://ssgoldstar.websitetoolbox.com/post/Defensive-Discovery-Starting-Off-On-the-Right-Foot!-4893757
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FnDoomed
...but copy the entire link and paste into browser....
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Chi Chi
WOW! FnDoomed! Thanks so very much!
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Rex
Quote:
State the names of all persons or entities, in order of assignment, who at anytime were constructive holders or holders in due course of the promissory note obligating the defendant(s) and/or alienable in the instant case prior to its alleged assignment to the plaintiff.


This question reveals that your attorney doesn't understand the UCC. Holder is a person entitled to enforce the instrument. "Holder in due course" is an immunity status for which certain holders are eligible.

CLearly, the attorney or paralegal doesn't understand. See Mr. Roper's posts on this subject.
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Rex
Quote:
Provide the name, address and telephone numbers of the person who witnessed the signature of the defendant(s) on the promissory note, if applicable.


This is a completely useless question. In most states and under the Federal Rules, certain matters need to be denied under oath. This usually includes denial of execution of an instrument. Under the UCC, the validity of the signature is presumed absent both a plea and evidence to the contrary.

If you are really arguing that you didn't sign, good luck with that! If you actually did sign, even if they cannot produce a single witness, they are going to simply hit you with reciprical discovery and get various admissions. Or they will depose you and you will have to pay your attorney to attend your deposition.

Discovery needs to be tailored to yoru defensive arguemnts and to the needs of your case. If you simply hit your adversaries with some laundry list of irrelevant and useless questions, you are going to discover that the plaintiff's attorneys are much more skilled at being slimey than your attorney is clever by plagerizing someone else's useless discovery questions!
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Rex
Quote:
INTERROGATORY NUMBER 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.


What could possilby be the purpose of this question? Are you alleging fraud in the origination? Are you alleging that the loan ought not to have been made? If the latter, are you prepared to tender the full original principal amount to unwind the transaction?

See Mr. Roper's posts discussing allegations of origination fraud. Limitations has mostly run, the originator is no longer in business and the current mortgage investor will hide behind holder in due course immunity. Since your lawyer doesn't really even know what holder in due course means, the plaintiff is pretty likely to carry this issue!
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Rex
INTERROGATORY NUMBER 9:

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


Yolu can waste a valuable interrogatory or you can go to the SEC EDGAR website and just look it up in less time than it take you to wring your hands at the inevitable objection.
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Rex
These should probably be labeled "Discovery Questions for Complete Idiots". This would be a good description not because a complete idiot would learn anythign from these questions. Instead, use of such questions would tend to identify one as a complete idiot and soon thereafter a homeless, complete idiot!

Good luck!
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FnDoomed
So I guess the point is:

Read the discovery threads, then think about the discovery that produces what you need, in terms of evidence that proves your point, which is aimed at disarming just those crucial few of your oppositions fact(s) that will cause them to lose.
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Rex
It bears mention that the precise balance of how many questions to ask depends upon unique factors well beyond the scope of this thread. For example, a defendant represented by an attorney can be more aggressive than a pro se litigant. This is true for at least three reasons. First, the court is going to take far more seriously allegations of discovery abuse made by an attorney. Second, the attorney ought to already know how to prosecute a motion to compel. Third, the Rules allow for a party to recover attorneys' fees as sanctions when granted a motion to compel.

When the pro se litigant asks too many questions, the plaintiff will resist discovery with impunity knowing full well that the worst thing that is going to happen is that the court will order the withheld discovery. But the pro se litigant can never get sanctions. And few know how to file a motion to compel and most will never do so.

If the pro se litigant does go into court seeking to compel, using this sort of poorly conceived discovery, the pro se litigant is far more likely going to get a lecture from the judge than any meaningful support.
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....
Rex wrote:
When the plaintff doesn't answer any of your questions and you are standing before a judge in a court where the Rules provide an express limited amount of time (like ten minutes) to present a motion to compel you will rue the day that you copied some long extensive list of discovery questions off of some scam artist's "model discovery". When the plaintiff objects that your questions are unduly broad and overly burdensome, etc., your inclusion of poorly conceived and poorly focused questions will play directly into the plaintiff's hands.



I've seen this same set of questions online, just can't remember where.
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Roy
There is nothing wrong with asking a discovery question or two as a feint that seems to lead in an unexpected direction. This might cause the plaintiff's attorneys to expend unnecessary energy trying to anticipate what these questions could mean. But unless represented by an attorney, the plaintiff is going to engage in discovery abuse and object to everything, producing nothing.

Using discovery questions like these will remove all doubt that the borrower is represented by an inept and incompetent attorney and will encourage the plaintiff to press ahead with the case sooner.

Even asking questions as a feint is probably a very bad idea where counts of interrogatories are limited by the rules and there is only a single defendant. Where questions are unlimited and/or there are two or more defendants actively participating and coordinating their defenses (each allowed to separately ask questions), a few thoughtfully chosen questions which cause some head scratching might be inserted.

But just inserting questions to persuade the plaintiff that you are an idiot is probably a bad idea. It is one thing to be underestimated. It is quite another to encourage acceleration of the case by showing the plaintiff that you have no idea whatsoever what you are doing and that a quick judgment can be obtained. Why not instead leave them with the impression that this is a difficult case that ought to be deferred until they clear through their backlog of simple and undefended cases?
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sally45
I have been annoyed by this problem for a long time,so thank you for your post, it is really useful for me.
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