IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT

IN AND FOR VOLUSIA COUNTY, FLORIDA

CIVIL ACTION

LaSalle National Bank N.A.,

Plaintiff, Case No. 2007 30046 CICI

vs. Defendants Request For Discovery
MICHAEL R. LINTON, PEGGY M. LINTON,

Defendants

SUBPEONA DUCES TECUM WITHOUT DEPOSITION

(Records Mail In Only)

To: Named Plaintiff, LaSalle National Bank, N.A. as trustee through it’s attorney Smith, Hiatt & Diaz, P.A., 2691

E. Oakland Park Blvd. Suite 303, Fort Laurderdale, FL 33306

Pursuant to Florida Rule of Civil Procedure General Provisions Governing Discovery rules 1.280, defendants

Michael R. Linton and Peggy M. Linton hereby requests that the named Plaintiff LaSalle National Bank N.A.

produce the following documents for inspection and copying at a location within the venue of this court, Volusia

County, Florida within 30 days of this request. Michael R. Linton and Peggy M. Linton asks to be informed of the

date, time and place where the requested documents can be copied by his agent, or in the alternative, LaSalle

National Bank N.A. may furnish a legible, true and correct copy of each requested document to Michael R. Linton

and Peggy M. Linton at their mailing address as given below. The requested documents are to be served upon

Michael R. Linton and Peggy M. Linton within thirty (30) days after the service of this request for production of

documents.

Instructions to Request for Production of Documents:

1. This request for production of documents is directed toward all information known or available to LASALLE

BANK, N.A. including information contained in the records and documents in LASALLE BANK, N.A.’S
 custody or control or available to LASALLE BANK, N.A. upon reasonable inquiry. Where requested

documents do not exist, please state that document does not exist.

2. Each requested document for production of documents is to be deemed a continuing one. If after serving any

requested document, an authorized officer of LASALLE BANK, N.A. obtains any further documentation

pertaining to that request for production, LASALLE BANK, N.A. is requested to serve a supplement answer

setting forth copies of additional documents.

Definitions

1. LASALLE BANK, N.A.. includes any and all persons acting for or in concert with LASALLE BANK, N.A. AS

TRUSTEE

2. “Document” includes every piece of paper held in LASALLE BANK, N.A.’s possession or generated by

LASALLE BANK, N.A..

3. “Michael R. Linton” includes all nick-names, pseudonyms and/or misnomers in any papers or documents

referencing the defendant or any liability or obligation attributable to him, including M. Linton, M.R. Linton,

Mike Linton, Mike R. Linton, Mike Ralph Linton, Michael Linton, Michael Ralph Linton, M. LINTON, M.R.

LINTON, MIKE LINTON, MIKE R. LINTON, and/or MICHAEL RALPH LINTON

4. “Peggy M. Linton” includes all nick-names, pseudonyms and/or misnomers in any papers or documents

referencing the defendant or any liability or obligation attributable to her, including P. Linton, P.M. Linton,

Peggy Linton, Peggy Margaret Linton, P. LINTON, P.M. LINTON, PEGGY LINTON, PEGGY MARGARET

LINTON.

Documents Requested

1. Produce a copy of the Certificate of Registration, in accordance to Florida Statute 609, showing LaSalle Bank

National Association, Trustee has properly registered with the State of Florida. If none, state “none”

2. Produce a true and exact copy of the Declaration of Trust filed with the State of Florida, Plaintiff is the Trustee

of. If none, state “none”

3. Produce a copy of the allonge attached to the promissory note obligating Michael R. Linton and Peggy M.

Linton and/or alienable in this instant case showing an assignment of the promissory note to LASALLE BANK,

N.A.. If none, state “none”

4. Produce the complete chain of title for this mortgage from the date of inception to the present.

5. Produce copies of all documents provided to the Securities and Exchange Commission (8K, 10K, Prospectus’

etc.) by LaSalle Bank, N.A. in connection to the security instrument (mortgage) on the subject residential

property.

6. Produce all documentation stating what the Plaintiff is “Trustee” for in connection to this loan.

7. Produce all insurance claim information relative to the alleged loss of promissory note alienable in this instant

case as listed in the complaint. If none, state “none.”

8. Produce all contracts, agreements, and/or memo’s illustrating that The Law Offices of David J. Stern, PA

has/had delegated authority to represent LASALLE BANK, N.A.. in case number 2007-30046 CICI filed in

Volusia County Florida. If none, state “none.”

9. Any certificated or un-certificated security used for the funding of this account;

10. Names and addresses of all Holders In Due Course for the mortgage and note in connection with this loan.

11. Provide the names and addresses of the holders of certificates of asset backed securities, which are backed by

the security instrument (mortgage) on the subject residential property.

12. Any and all “Pool Agreement(s)” or “servicing agreements” between the nominal lender at the loan closing and

any party or parties who could claim an interest in the loan closing or documents pertaining thereto and any

government sponsored entity, hereinafter GSE or other party;

13. Any and all “Deposit Agreement(s)” between the nominal lender at the loan closing and any party or parties

who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

14. Any and all “Servicing Agreement(s)” between the nominal lender at the loan closing and any party or parties

who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;
15. Any and all “Custodial Agreement(s)” between the nominal lender at the loan closing and any party or parties

who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

16. Any and all “Master Purchasing Agreement(s)” between the nominal lender at the loan closing and any party or

parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other

party;

17. Any and all “Issuer Agreement(s)” between the nominal lender at the loan closing and any party or parties who

could claim an interest in the loan closing or documents pertaining thereto and any GSE or other party;

18. Any and all “Commitment to Guarantee” agreement(s) between the nominal lender at the loan closing and any

party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or

other party;

19. Any and all “Release of Document” agreement(s) between the nominal lender at the loan closing and any party

or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other

party;

20. Any and all “Master Agreement for Servicer’s Principal and Interest Custodial Account” between the nominal

lender at the loan closing and any party or parties who could claim an interest in the loan closing or documents

pertaining thereto and any GSE or other party;

21. Any and all “Servicer’s Escrow Custodial Account” between the nominal lender at the loan closing and any

party or parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or

other party;

22. Any and all “Release of Interest” agreement(s) between the nominal lender at the loan closing and any party or

parties who could claim an interest in the loan closing or documents pertaining thereto and any GSE or other

party;

23. Any Trustee agreement(s) between the nominal lender at the loan closing and any party or parties who could

claim an interest in the loan closing or documents pertaining thereto and trustee(s) regarding this account or

pool accounts with any GSE or other party;

24. Please provide any and all contracts, business agreements, “Purchasing Agreements” and/or “Servicing

Agreement(s)” between LaSalle Bank, N.A. and Mortgage Electronic Registration Systems Inc. in connection

with this loan.

25. Please provide any and all contracts, business agreements, “Purchasing Agreements” and/or “Servicing

Agreement(s)” between LaSalle Bank, N.A. and The Law Offices of David J. Stern, PA in connection with this

loan.

26. Please provide any and all contracts, business agreements, “Purchasing Agreements” and/or “Servicing

Agreement(s)” between LaSalle Bank, N.A. and Litton Loan Servicing in connection with this loan.

27. Please provide any and all contracts, business agreements, “Purchasing Agreements” and/or “Servicing

Agreement(s)” between LaSalle Bank, N.A. and Own-It Mortgage in connection with this loan.

Please also provide copies, front and back, of:

28. Any check, cashiers check, money order, wire transfer or any other compensation paid to or paid by LaSalle

Bank, N.A. in connection with this loan.

29. Any documentation evidencing any trust relationship regarding the Mortgage/Deed of Trust and any Note in

this matter;

30. Any and all document(s) establishing any Trustee of record for the Mortgage/Deed of Trust and any Note;

31. Any and all document(s) establishing the date of any appointment of Trustee Mortgage/Deed of Trust and any

Note, including any and all assignments or transfers or nominees of any substitute trustees(s);

32. Any and all document(s) establishing any Grantor for this Mortgage/Deed of Trust and any Note;

33. Any and all document(s) establishing any Grantee for this Mortgage/Deed of Trust and any Note;

34. Any and all document(s) establishing any Beneficiary for this Mortgage/Deed of Trust and any Note;

35. Any documentation evidencing the Mortgage/Deed of Trust is not a constructive trust or any other form of

trust;

36. All data, information, notations, text, figures and information contained in your mortgage servicing and

accounting computer systems including, but not limited to Alltel or Fidelity CPI system, or any other similar
 mortgage servicing software used by you, any servicers, or sub-servicers of this mortgage account from the

inception of this account to the date written above.

37. All descriptions and legends of all Codes used in your mortgage servicing and accounting system so the

examiners and auditors and experts retained to audit and review this mortgage account may properly conduct

their work.

38. All assignments, transfers, allonge, or other documents evidencing a transfer, sale or assignment of this

mortgage, deed of trust, monetary instrument or other document that secures payment by me to this obligation

in this account from the inception of this account to the present date including any such assignment on MERS.

39. All records, electronic or otherwise, of assignments of this mortgage, monetary instrument or servicing rights to

this mortgage including any such assignments on MERS.

40. All deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust from the inception of this

account to the present date.

41. The front and back of each and every canceled check, money order, draft, debit or credit notice issued to any

servicers of this account for payment of any monthly payment, other payment, escrow charge, fee or expense on

this account.

42. All escrow analyses conducted on this account from the inception of this account until the date of this letter.

43. The front and back of each and every canceled check, draft or debit notice issued for payment of closing costs,

fees and expenses listed on any and all disclosure statements including, but not limited to, appraisal fees,

inspection fees, title searches, title insurance fees, credit life insurance premiums, hazard insurance premiums,

commissions, attorney fees, points, yield spread premiums, etc.

44. Front and back copies of all payment receipts, checks, money orders, drafts, automatic debits and written

evidence of payments made by others or me on this account.

45. All letters, statements and documents sent to Plaintiffs, Michael R. Linton and Peggy M. Linton, by your

company.
46. All letters, statements and documents sent to Plaintiffs, Michael R. Linton and Peggy M. Linton, by agents,

attorneys or representatives of your company.

47. All letters, statements and documents sent to Plaintiffs, Michael R. Linton and Peggy M. Linton, by previous

servicers, sub-servicers or others in your account 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.

48. All letters, statements and documents contained in this account file or imaged by you, any servicers or sub-

servicers of this mortgage from the inception of this account to the present date.

49. All electronic transfers, assignments and sales of the note/asset, mortgage, deed of trust or other security

instrument.

50. All copies of property inspection reports, appraisals, BPOs and reports done on Plaintiffs property.

51. All invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees, insurance, taxes,

assessments or any expense which has been charged to this mortgage account from the inception of this account

to the present date.

52. All checks used to pay invoices for each charge such as inspection fees, BPOs, appraisal fees, attorney fees,

insurance, taxes, assessments or any expense which has been charged to this account from the inception of this

account to the present date.

53. All agreements, contracts and understandings with vendors that have been paid for any charge on this account

from the inception of this account to the present date.

54. All account servicing records, payment payoffs, payoff calculations, ARM audits, interest rate adjustments,

payment records, transaction histories, account histories, accounting records, ledgers, and documents that relate

to the accounting of this account from the inception of this account to the present date.

55. All account servicing transaction records, ledgers, registers and similar items detailing how this account has

been serviced from the inception of this account to the present date.
Further, in order to conduct the audit and review of this account, and to determine all proper amounts due, I need the

following answers to questions concerning the servicing and accounting of this mortgage account from its inception

to the present date. Accordingly, please provide me, in writing, the answers to the following questions:

In regards to Debits and Credits:

56. In a spreadsheet form or in letter form in a columnar format, please detail for Plaintiffs each and every credit on

this account from the date such credit was posted to this account as well as the date any credit was received.

57. In a spreadsheet form or in letter form in a columnar format, please detail for Plaintiffs each and every debit on

this account from the date such debit was posted to this account as well as the date any debit was received.

58. For each debit and credit listed, please provide Plaintiffs with the definition for each corresponding transaction

code you utilize.

59. For each transaction code, please provide the master transaction code list used by you or previous servicers.

60. Please provide the names and addresses of the following in regards to this loan:

60.1. Transaction participant with the role as “Depositor”

60.2. Transaction participant with the role as “Sponsor and Servicer”

60.3. Transaction participant with the role as “Sub-servicer of the mortgage loans to be included in the mortgage

pool”

60.4. Transaction participant with the role as “Issuing Entity”

60.5. Transaction participant with the role as “Swap Counterparty”

60.6. Transaction participant with the role as “Cap Counterparty”

60.7. Transaction participant with the role as “Underwriter”

60.8. Transaction participant with the role as “nominee for Own-It Mortgage.”

60.9. Transaction participant with the role as “lender”

These items will be inspected and may be copied. You will not be required to surrender the original items. YOU

MAY COMPLY WITH THIS SUBPEONA BY PROVIDING LEGIBLE COPIES OF THE ITEMS
TO BE PRODUCED TO THE MAILING ADDRESS ON OR BEFORE THE EXPIRATION OF

THE SCHEDULED DATE OF PRODUCTION. You have the right to object to the production

pursuant to this subpoena at any time before production by giving written notice the defendants PRO SE

whose name appears on this subpoena. If you fail to comply or object to this subpoena, you may be in

contempt of court.

Dated this 15th day of July.

This Request for Discovery prepared and submitted by: __________________________________________

Michael R. Linton and Peggy M. Linton
Mailing address: 1729 Creekwater Blvd.
Port Orange, Florida 32128
(815)307-8208

Certificate of Service
I, Michael R. Linton, certify that on the 15th day of July 2010, a true and correct copy hereof was
served upon the attorney for the plaintiff by both mail and facsimile transmission to:

Smith, Hiatt & Diaz, P.A.

Attorneys for
LaSalle Bank, N.A.
2691 E. Oakland Park Blvd.
Suite 303
Fort Laurderdale, FL 33306

_________________________________________________
Michael R. Linton