Professional Documents
Culture Documents
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THE HOMEOWNER(S)' FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS
"The Homeowner(s)"), and pursuant to Fla. R. C. P. 1.350, request the production of the
SERIES 2007-1, within thirty (30) days from the date of service hereof. The
undersigned attorney by mail to 3350 S.W. 148th Avenue, Suite 110, Miramar, FL 33027.
The Homeowner(s) certify they will pay the reasonable costs of the reproduction and
delivery.
DEFINITIONS
1. As used herein, please note the terms "you," "your," and Plaintiff refers to
any mortgage broker, loan originator, loan closing agent, if different, and/or any
person or entity that held the loan from the date of the closing to the date of your
3. The term "attorney" or "attorneys" means any and all persons, whether associated
with a law firm, that has represented you and your interests in any way in this
lawsuit from the date you claim a default in payment on the mortgage and note
paralegals, in connection with the foreclosure of this mortgage, and or any and all
4. As used herein, the term "person" means any natural person, individual,
other entity.
Plaintiff, his agents and/or attorneys, including, but not limited to, all drafts and
copies bearing notations or marks not found in the original, letters and
of meetings, transcripts, file folder markings, and any other organizational indicia,
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The Arcia Law Firm, PL, 3350 S. W 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Ardal.awiirm.com
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6. As used herein, the term "relates to" or "relating to" means referring to,
to.
7. As used herein, the terms "and" as well as "or" shall be construed both
8. The use of the singular form of any word includes the plural, and the use of the
INSTRUCTIONS
1. These requests encompass all items within your possession, custody or control.
2. Your written response shall state, with respect to each item or category, that
inspection and related activities will be permitted as requested, unless the request is
objected to, in which event the reasons for the objections shall be stated. If objection
is made to part of an item or category, the part shall be specified and inspection
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The Arcia Law Firm, P.L., 3350 S. W. 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Ardal.awilrm.com
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3. All documents which are to be produced shall be produced as they are kept in the
4. This request is deemed to be continuing in nature, and in the event you become
documents, you are requested to produce promptly such additional documents for
request, instructions or definition, set forth the matter deemed ambiguous and the
6. If any document cannot be produced in full or in part, you shall state, in writing,
the reasons for your inability to produce all or any portion of the document requested
and serve those reasons on defendants at the time required for response.
7. If any requested documents are withheld under a claim of privilege, identify each
such document and state the date of the document, identify its author and addressee,
each person to whom copies of the document were furnished or to whom the contents
thereof were communicated, a summary of the subject matter of the document, its
present location and custodian, the basis upon which the asserted privilege is claimed,
8. If any of requested documents have been destroyed, furnish a list identifying each
such document, its author and addressee, each person to whom copies of the
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The Arcia Law Firm, PL, 3350 S. W. 148" Avenue, Suite 770, Miramar, Florida 33027
Telephone (800)770-7702 - Facsimile (954)433-8389
www.ArciaLawFirm.com
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summary of the substance of the document, the date upon which it was destroyed and
DOCUMENTS TO BE PRODUCED
1. All contracts in your possession to which The Homeowner(s) are a party
with The Homeowner(s) in connection with the Agreement, the Mortgage and or
their rights in connection with the Agreement, the Mortgage and or mortgage deed
account in connection with the Agreement, the Mortgage and or mortgage deed
5. All correspondence concerning the loan which is the subject matter of this
lawsuit.
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The Ilrcia Law Firm, P.L., 3350 S. W. 148'llvenue, Suite 110, Miramar, Florida 33027
Telephone (800)170-7102 - Facsimile (954)433-8389
www.Arcial.awiirm.com
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7. All fee agreements between you and your attorneys or other documents
between The Homeowner(s) and your company related to or in any way connected
with the loan transaction involving The Homeowner(s) and all documents containing
connection with the Agreement, the Mortgage and or mortgage deed attached to or
received in connection with the Agreement, the Mortgage and or mortgage deed
10. All documents in existence at the time of the transaction under which:
to persons;
(c) Anyone who agreed to pay you and/or NOVAS TAR MORTGAGE,
(d) Anyone else guaranteed payment of all or any part of the obligation to
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The Arcia Law Firm, P.L., 3350 S. W 148" Avenue, Suite 1J0, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Arcial.awiirm.com
(e) Anyone else agreed to indemnify for any losses in transactions with
persons.
11. All documents prepared in connection with or relating to all actions taken
compliance with the Truth in Lending Act in the transaction which is the subject matter
of this lawsuit.
provided to The Homeowner(s) in the transaction which is the subject matter of this
lawsuit.
13. All documents relating to any procedure the closing agent had at the time
of the transaction herein to ensure that The Homeowner(s) were provided with Truth
in Lending disclosures.
14. All documents relating to any procedures the closing agent had at the time
of the transactions which were subsequently changed to ensure that the loan
originator provided its customer with accurate Truth in Lending disclosures loan
transactions.
15. All documents prepared in connection with or relating to any actions you
took to insure that you and/or NOV ASTAR MORTGAGE, INC. provided The
16. Copies of both sides of each and every check(s) issued by you and or any
closing agent in connection with the Agreement, the Mortgage and/or mortgage deed, all
written guarantees executed by any person, party or entity, including but not limited to
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The Arda Law Firm, PL, 3350 S. W 148'" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
wwwArdaLawFfrm.com
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(a) check(s) payable to The Homeowner(s);
(d) check( s) made payable to any other persons receiving a portion of the loan
proceeds;
(f) check(s) made payable to anyone other than The Homeowner(s) issued in
received in connection with the note, the Mortgage and/or mortgage deed attached to
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The Arda Law Firm, PL, 3350 S. W 14S" Avenue, Suite 110, Miramar, Florida 33027
Telephone {SOO}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
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18. All documents related in any way to any conditions required by anyone for
entering into a loan agreement with The Homeowner(s) as per the note Mortgage and
19. All documents related in any way to any origination fee or prepaid finance
20. All documents through which any closing agent has been given notice that
a debtor or his representative believed that either you or NOVAS TAR MORTGAGE,
INe. had not provided the debtor with Truth in Lending disclosures in a transaction.
22. All records of attorneys' fees actually incurred or paid with respect to this
loan transaction.
payments received and or posted to The Homeowner(s) account during this loan
transaction, and whether the payment was posted to interest or principal, late charges,
against The Homeowner(s) and paid by you or your agents and or employees.
26. All documents related to acquisition of the mortgage and note for which
you claim the right to reestablish and or enforce, including but not limited to any and
copies of both sides of each and every check(s), and/or other evidence of payment,
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The Arcia Law Firm, P.L., 3350 S. W 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
wwwArciaLawFirm.com
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and or related to the acquisition of the mortgage and note that you claim to own and
or hold and/or have the right to reestablish and or foreclose. The requested checks
(d) check(s) made payable to any other persons receiving a portion of the forced
places insurance premium proceeds which you paid in connection with the mortgage
transaction;
(2) costs associated with any force placed insurance for which you seek
reimbursement;
(5) real estate title searches associated with force placed insurance; and
(f) check(s) made payable to anyone other than The Homeowner(s) issued in
connection with or related to or associated with force placed insurance for which you
seek reimbursement.
27. All documents relating to any and all escrow charges passed on to The
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nil' Arcia Law Firm, PL, 3350 S. W. 148" Avenue, Suite 770, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Arcial.awhrm.com
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evidencing payment and the dates of payments, and the amounts of any payments
made.
payments received and or posted to The Homeowner(s) account during this loan
transaction, and whether the payment was posted to interest or principal, late charges,
or escrows.
evidencing payment and the dates of paymen.ts, and the amounts of any payments
made.
32. Copies of any and all licenses for the branch office and/or the personnel
employed at the branch office of any mortgage broker or mortgage lender which took
the loan application for The Homeowner(s') loan, and/or the branch office and/or the
personnel employed at the branch office of any mortgage broker or mortgage lender
33. Any and all documents, writings, notes written memorandum, and or
contracts which may show, establish or tend to show or tend to establish that any
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The Areta Law Firm, PL., 3350 S. W 148- Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Arcial.awhrm.com
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34. Any and all documents, writings, notes written memorandum, and or
contracts which may show, establish or tend to show or tend to establish that any
with the loan, that is the subject of this suit, and the entire contents of all such
"Mortgage Brokerage Files" kept in connection with the loans referred to above.
35. Any and all documents, writings, notes written memorandum, and or
contracts which may show, establish or tend to show or tend to establish that any
Transaction Journal" in connection with the loans referred to above, and the entire
contents of all such "Mortgage Brokerage and Lending Transaction Journals" kept in
36. Any and all documents, writings, notes written memorandum, and or
contracts which may show, establish or tend to show or establish that any mortgage
broker or mortgage lender met with the requirements of Florida Administrative Code
3D-40.260 entitled "Mortgage Lender Files" in connection with the loans referred to
above, and the entire contents of all such "Mortgage Lender Files" that were kept in
37. Any and all documents, writings, notes written memorandum, and or
contracts which you contend show, establish or tend to show or tend to establish that
any mortgage broker or mortgage lender met with the requirements of Florida
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The Arda Law Firm, PL, 3350 S. W 148' Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.ArciaLawFirm.com
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Transaction Journal" in connection with the loans referred to above, and the contents
38. Any and all documents that are related to any servicing agreements with
and/or between Plaintiff and any servicing agents and/or for any of the persons or
parties who may have owned and/or held an ownership interest in the mortgage and
39. Any and all contracts between Plaintiff and Plaintiffs counsel justifying
40. Any and all invoices to justify all of your out of pocket expenses,
including but not limited to reimbursement for service of process fees, property
inspection fees, brokers opinions of value, photocopying and postage and title search
costs.
41. Any and all documents relating to the Trust Agreement establishing
agreement itself.
42. Any and all documents relating to the establishment and or creation of
43. Any and all documents that are in any way related to the purchase of the
TRUST, SERIES 2007-1, and or the Trustee on behalf of the DEUTSCHE BANK
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The Arcia Law Firm, PL, 3350 S. W 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone {800}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
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MORTGAGE FUNDING TRUST, SERIES 2007-1 including but not limited to the
44. Any and all documents that are in any way related to the securitization of
the Homeowner(s)' mortgage and note from the date of closing to the present date.
45. Any and all documents related to any credit default swap and or credit
derivative contract between Palintff and any other counterparties, including periodic
payments and or payoffs made that are in any way related or connected to and or
46. Any and all documents that evidence Plaintiff's standing to bring the
above-styled action.
47. Please produce the original note on this transaction for inspection at the
48. Any and all documents that identify who the "Lender" is in the transaction
49. Any and all documents used by You to investigate and complete Your
responses to the interrogatories served upon you jointly herewith under separate
cover.
50. Any and all assignments or conveyances of the note transferring the
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The Arda Law Firm, P.L., 3350 S. W. 748· Avenue, Suite 770, Miramar, Florida 33027
Telephone (800)770-1102 - Facsimile {954}433-8389
www.Ardal.awilrm.com
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51. Please produce copies of any and all allonges to the note under Plaintiff's
control for the mortgage and note which is the subject of this lawsuit.
52. If the chain of title does not provide the entire ownership of the note and
53. Any and all documents in connection with or related to the method by
which any person or entity catalogued, saved, stored and/or retrieved the original
mortgage and note from origination to the response to this request to produce.
Respectfully submitted,
BY: ~/ ~ _
'OMARJ.~RCIA
Fla. Bar No. 057223
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The Areta Law firm, P.L., 3350 S. W 148" Avenue, Suite 110, Miramar, florida 33027
Telephone {800}170-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via
facsimile and U.S. Mail to Jared Bannan, Esq., Kahane & Associates, P.A., 8201 Peters
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The Areta Law Firm, PL, 3350 5. W 148' Avenue, Suite 110, Miramar, florida 33027
Telephone {800}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com