Interrogatories Form Mortgage Foreclosure Action

IN THE CIRCUIT COURT OF THE
15th JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA

, CASE NO.:
Plaintiff,
CIVIL DIVISION
vs.

,
Defendants.
____________________________/

DEFENDANT’S NOTICE OF SERVING INTERROGATORIES

Defendants, by and through her undersigned counsel, pursuant to the Florida Rules of Civil Procedure, Rule 1.340, hereby notifies all parties that they have served their Request for Interrogatories, to be answered within the time permitted by law.
PROOF OF SERVICE
I CERTIFY that a true copy of the foregoing was furnished by Regular Mail to: on this __________ day of January, 2012.

___________________
Michael D. Stewart, Esq.
Attorney for Defendant
The 200 Building
200 SE 1st St., Suite 701
Miami, FL 33131
Telephone: (305) 590-8909
Fax: (305) 415-9920

DEFINITIONS AND INSTRUCTIONS
1. “Communication” means the transmittal of information, in the form of facts, ideas, inquiries, or otherwise, by any means, including any meeting, conversation, discussion, conference, correspondence, message, or other written or oral transmission, exchange, or transfer or information in any form between two or more persons, including by telephone, facsimile, telegraph, telex, email, or other medium.
2. “Concerning” means concerning, regarding, relating to, referring to, describing, discussing, constituting, containing, summarizing, explaining, reflecting, mentioning, consisting of, showing, or evidencing.
3. “Defendant” means the Individual mortgagors, his/her servants, agents, representatives, directors, officers, managers, members, employees, affiliates, parents, subsidiaries, predecessors, successors, aliases, divisions, partners, administrators, and representatives, and all other persons, firms, or corporations directly or indirectly employed or retained by it, or acting with it or on its behalf, or otherwise subject to its control, wherever located.
4. “Document” means everything contained within the definition of document used in Rule 1.350(a) of the Florida Rules of Civil Procedure, including any written, printed, typewritten, recorded, or graphic matter, however produced or reproduced, including correspondence, microfilm, microfische, laser disks, compact disks, CD-ROMs, databases, spreadsheets, computer messages, computer tapes of any type, computer disks of any type, electronic mail, telegrams, telexes or other written communications, facsimile transmissions, contracts, records, agreements, notes, memoranda, commentaries, analyses, sheets, bills, money orders, checks, drafts, studies, surveys, diaries, calendars, transmittal slips, coversheets, reports, minutes, leases, press releases, mass mailings, promotional literature, books, newspapers, magazines, clippings from newspapers or magazines, brochures, fliers, pamphlets, publications, journals, ledgers, books of account, income tax returns, computations, projections, appraisals, estimates, handwritten notes, interoffice communications, intraoffice communications, working papers, diagrams, charts, graphs, indices, studies, questionnaires, tests, surveys, transcriptions, films, and shall also include audio tapes, cassettes, and recordings (including, but not limited to, recorded telephone messages), video tapes, cassettes, and recordings, photographs, and any medium used for the recording, compilation, transmission or storage of data, whether mechanical, electromagnetic, or other, together with all programs or manuals necessary to interpret such data. Originals, translations, drafts, excerpts, fragments, and non-identical copies are deemed to be separate documents. References in this request to an agreement shall include any amendment, modification, or extension thereof.
5. “Identity” means (a) with respect to a natural person, to set forth that person’s full name and, on the first occasion that such person is identified, also their, (i) present or last known home and work addresses and telephone and telecopier numbers and email addresses, (ii) present or last known employer, and (iii) present or last known job title; and (b) with respect to any entity, to set forth that entity’s full name, and the first occasion that such entity is identified, the present or last known address and telephone and telecopier numbers and email addresses of the entity’s headquarters or principal place of business.
6. “Person” means any natural person or entity other than a natural person, including proprietorships, legal or governmental agencies, companies, limited liability companies, corporations, subchapter s corporations, subchapter c corporations, partnerships, general partnerships, limited partnerships, limited liability partnerships, trusts, family trusts, firms, joint ventures, groups, associates, organizations, and all other entities.
7. “Plaintiff” means the Mortgagee, and their servants, agents, representatives, directors, officers, managers, members, employees, affiliates, parents, subsidiaries, predecessors, successors, aliases, divisions, partners, administrators, and representatives, and all other persons, firms, or corporations directly or indirectly employed or retained by it, or acting with it or on its behalf, or otherwise subject to its control, wherever located.
8. The terms “all” and “each” shall be construed as all and each. The word “including” shall be construed to mean “including, but not limited to.” The connectives “and” and “or” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request all documents that might otherwise be construed to be outside of its scope. The word “any” includes each and every.
9. The use of the singular form of any word includes the plural and vice versa. The masculine includes the feminine and neuter genders.
10. The term “you”, “yourself”, and “your” shall refer to the party to whom these Interrogatories are directed, each and every name by which the party is known or has been known, and each and every employee, attorney, and agent of such party.

INSTRUCTIONS
A. These interrogatories call for information in the Plaintiff’s possession, custody, or control including information maintained at any of Plaintiff’s present or former offices, residences, attorneys’ offices, or elsewhere, dated January 2006 to present.
B. Plaintiff is required to provide all relevant information, regardless of whether there has been a change in any or all of the corporate plaintiffs’ names, as such a name change does not absolve the entity’s obligation to comply with this request.
C. If any claim of privilege or work product protection, whether based on statute, or otherwise, is asserted as a ground for not producing any document, describe, with respect to each document for which privilege or work product protection is claimed, the nature of the documents, communications, or things not produced or disclosed in a manner that will enable plaintiffs to assess the applicability of the privilege or protection asserted and set forth the asserted ground for not producing such document.
D. All information is to be provided as it is maintained in the ordinary course of business.
E. If any information has been lost, discarded, or destroyed, it shall be identified as completely as follows. In identifying any lost, discarded, or destroyed documents, provide the name, author(s), recipient(s), date, and subject matter of the document, when it became unavailable, and state the identify of all persons responsible for the loss or destruction of the document.
F. This is a continuing request for information and if additional information is received or discovered after the initial response, all such further information shall be provided as it is received.

INTERROGATORIES
1. Please state the name, address, telephone number(s) and position with the Plaintiff of the person(s) answering or assisting in answering these interrogatories. Please further state the name, address, telephone number(s) and position with the Plaintiff of all person(s) providing any assistance to the person(s) answering or assisting in answering these interrogatories, identifying by number the question number(s) where said assistant provided information, and the information which was provided. Please further specify, if the information was received in person, by facsimile document, and/or by telephone. Please set forth all persons in attendance, and/or on any telephone call that was present when the question(s) were discussed.

2. With specificity, identify the name and address of each witness who you may or expect to call at trial or at any evidentiary hearing, and for each witness, the issues for which each witness will be called, and state the testimony that you expect to be elicited from each, and a synopsis of the testimony each witness will provide.

3. A list of any and all documents which Plaintiffs have in their possession, custody, or control, which supports Plaintiff’s contention that Defendant is in default under a loan, being specific as to date, name, and persons to whom they were sent, and all persons to whom the document copied, or persons who may have reviewed the same.

4. With specificity, please identify and state each and every fact that supports Plaintiff’s contention that Defendant(s) are in default under a loan with the Plaintiff.

5. Please state the total amount of money that Plaintiff agreed to loan Defendant(s) relating to the property at issue in this complaint and the total amount of money paid by Defendant(s) to Plaintiff(s), as repayment towards the loan.

6. Please identify each and every communication between Plaintiff and any of the Defendants relating to the subject loan, including the method of communication, date of communication, the nature of conversation, specifically describing the subject matter that was discussed during the communication.

7. Please describe with specificity and particularity the extent and amount of any damages and expenses that Plaintiff has suffered as a result of said default of the loan.

8. Please state the date the mortgage and promissory note were executed and entered into between Plaintiff and Defendant(s), and identify the parties to that agreement.

9. Please state whether Plaintiff provided Defendant(s) a mortgage commitment to purchase the property at issue in this complaint. If the answer to this interrogatory is yes, please:

i. identify the date Defendant(s) provided the mortgage commitment to Plaintiff;

ii. state whether the terms were identical to the mortgage loan executed and entered into between the parties.

10. Please state whether there has been any assignment of the mortgage at issue in this complaint. If the answer to this interrogatory is yes, please:

(a) identify the date the assignment was effectuated;

(b) identify the parties involved in the assignment.

11. Please state whether you disclosed the information required under the Truth in Lending Act, 15 U.S.C. §1635(b) to the Plaintiff. If the answer to this interrogatory is yes, please:

(a) Identify the information disclosed to the Plaintiff;

(b) Identify the date the information was disclosed to Plaintiff.

12. Do you have a copy of the original mortgage at issue in this complaint? If the answer to this interrogatory is no, please state the reason(s) for not having it.

13. Do you have the original note at issue in this complaint? If the answer to this interrogatory is no, please state the reason(s) for not having it.

14. Identify each and every document Plaintiff may introduce into evidence in this case.

15. State the complete payment history of this account from the date of closing to the present, including dates of payments received and the amount received.

16. Identify fully who the “Lender” as described in the Mortgage/Deed or Trust and “Loan Servicer” of the Mortgage/Deed of Trust are. If more than one of each exists, state each.

17. Identify fully who the “Note Purchaser” of the Mortgage/Deed of Trust is. If there are more than one, or multiple parties have held this distinction, state each.

18. What document(s) do the Plaintiff rely upon which confer powers to the loan servicer to provide notice of acceleration to the Defendant(s) in the event of default?

19. State where in the Mortgage states that the “Lender” will change when the Note or Mortgage/Deed of Trust is sold.

20. State the total dollar amount paid, and the entity it was paid to, when the Plaintiff gained control over the Mortgage and/or Note.

21. State the date on which these payments were made and state the principle balance of the mortgage loan at that time.

22. Identify fully the individual who took the original mortgage application.

23. State whether the Plaintiff maintained any affiliated businesses that provided services to the Defendant(s) prior to or at closing.

24. Please identify fully the principal owner(s) and holder(s) of the Mortgage/Deed of Trust and Note at issue in this complaint.

25. State which entity (corporation, company, person, etc.) was the beneficiary of each payment the defendant(s) made on the Mortgage/Deed of Trust and Note.

26. State the date that FANNIE MAE became the holder (owner) of the Mortgage/Deed of Trust and Note.

27. State the party from who FANNIE MAE directly obtained the Mortgage/Deed of Trust and note from whomever (i.e., the party that conveyed/assigned the Mortgage to the Plaintiff).

28. State the consideration Plaintiff paid to the party identified in the immediately preceding interrogatory for said assignment/conveyance.

29. State the number of all changes referencing this Note that Plaintiff has reason to know are in existence.

30. State the number of assignments or deed-of-trust that Plaintiff has reason to know are in existence.

I understand that I am swearing or affirming under oath to the truthfulness of the answers to these interrogatories and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

Dated:

Signature of Party
Printed Name:
Address:
City, State, Zip:
Telephone Number:
Fax Number:

STATE OF FLORIDA
COUNTY OF _________________________

Sworn to or affirmed and signed before me on by .

NOTARY PUBLIC or DEPUTY CLERK

[Print, type, or stamp commissioned name of notary or clerk.]
Personally known
Produced identification
Type of identification produced ________________________

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