William A. Roper, Jr. wrote:
Implict in Moose's answer is that the servicer is typically making a single monthly payment to a trustee in respect of all amounts due to that particular trust. A single borrower's payment is embedded in that single payment to the trustee for which the report show the accounting as to the constituent parts of that payment.
Since the payment itself and the report implicitly shows ALL of the mothly cash flows from ALL borrowers, the servicer will resist the production of this document with extreme vigor and would probably even violate a court order of production and risk sanctions rather than produce it.
The servicer will also demand some sort of sealing or protective order associated with production. There is nothing wrong with asking for the report. But unless you have a very borrower friendly jusge (e.g. Justice Arthur Schack), I wouldn't expect to get it. In fact, you could probably expect the servicer to appeal an interlocutory discovery order directing the production of this document.
You can be reasonably assured that IF you could get the judge to order the production, your judicial foreclosure case would probably grind to a complete HALT while the servicer appealed. OR the servicer might voluntarily dismiss the case and refile, hoping to draw a different judge!
Thank you Mr. Roper!
Doing battle in a BK11 case and it is getting very interesting.
Had a gut feeling your answer was probably the case - because someone long before me had to think of the same thing.
Grateful to all those who post thoughtful commentary.