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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William A. Roper, Jr. Show full post »
William A. Roper, Jr.
FnDoomed said:
To me this seems like a single discovery topic to warehouse:   Where did you deliver the note?

You might want to start out a little more coy and perhaps a little more general:
INTERROGATORY 1: Identify every owner and the holder of the alleged promissory note from the date of its alleged execution through the date of this discovery request, showing with particularity the date of any sale or/and indorsement, the identity of any indorsee, bearer and/or holder, the date and place of any physical transfer or change in the custody or identity of the bearer or custodian of the alleged promissory note, the physical location of such alleged promissory note and the identity of any persons with information or knowledge concerning such indorsement, transfer or change in custody.

INTERROGATORY 4: Identify with particularity the holder and location of the original alleged promissory note and original alleged mortgage/deed of trust which plaintiff asserts forms the basis for its suit, giving a complete history of each and every indorsement of the alleged promissory note and assignment of the alleged mortgage/deed of trust and showing the continuous chain of custody of each alleged instrument from the date of its alleged execution by the Defendant(s) to the present time, showing the precise identities of each holder and the date of each indorsement, assignment and/or other change in the custody and control of each alleged instrument together with the place of delivery of each transfer or negotiation.

INTERROGATORY 9: Identify every person having possession, custody or control over the alleged promissory note and alleged deed of trust from the date of the purported execution of this alleged instrument, showing with particularity such person’s name, employer, usual place of business, residence, telephone number, e-mail address and other contact information.
I wouldn't necessarily ask ALL Of these and certainly wouldn't ask all in the same discovery request.  It would be better to syndicate slightly different questions amongst husband/wife or other co-defendants.


You might also consider getting at the answer through Requests fro Admissions:

REQUEST FOR ADMISSION NO. 1:  The plaintiff is a New York trust.

REQUEST FOR ADMISSION NO. 2:  The trust indenture creating and governing the plaintiff is governed by New York law.

Much later, work in an admissions question as to the place of delivery of the negotiated instrument.
REQUEST FOR ADMISSION NO. 25:  The Plaintiff claims to be holder of the alleged promissory note by virture of the indorsement of the note in blank and delivery to the trustee in New York.

Note that the first delivery may very well have been to the warehousing lender.  If it appears that the trustee is NOT in New York state, consider asking some questions about the warehousing lender!

While you might not get an admission that the delivery was to New York, you still might get some other useful admissions.  If the delivery was to a New York trust governed by New York trust law and the place of delivery is not otherwise ascertained, the fact that it was a NY trust still give you a little traction!


Be careful and judicious in using your interrogatories and requests for admissions, particularly when these are expressly limited under the Rules of your jurisdiction!
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Thanks William!   I like that.   I'm collecting every discovery idea I can for the next month or so and your thoughts on the idea help a lot.

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Has anybody ever used Mr. Roper's suggested interrogatories? If so, how did the plaintiff answer?
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