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IN THE CIRCUIT COURT OF THE____ JUDICIAL CIRCUIT, IN AND FOR

____________COUNTY, FLORIDA

BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO

LASALLE BANK, N.A., AS INDENTURE TRUSTEE,

ON BEHALF OF THE HOLDERS OF THE ACCREDITED

MORTGAGE LOAN TRUST 2005-3 BACKED NOTES,

PLAINTIFF

CASE NO: 11-2222-CA-333333

VS.

_____________________________, et al

DEFENDANTS

_______________________________________/

TO:

BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO

LASALLE BANK, N.A., AS INDENTURE TRUSTEE,

ON BEHALF OF THE HOLDERS OF THE ACCREDITED

MORTGAGE LOAN TRUST 2005-3 BACKED NOTES,

c/o John Smith, Esq.,

Smith and Jones Law Firm, P.L.

Attorneys for Plaintiff

P.O. Box 11111

Tampa, Florida 33622-5010

DEFENDANT’S

FIRST INTERROGATORIES TO PLAINTIFF

Pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, the above-named Defendants hereby propound these Interrogatories to the above-named Plaintiff, to be answered in writing, under oath, and within thirty (30) days from the date of service hereunder.

All questions relate only to the alleged loan contract, debt, note and mortgage alleged in your complaint or the circumstances in which any entity has claimed an interest in the loan receivable or its administration. This may be referred to as “the subject loan.”

The “trust” refers to the trust you identify in your answers to these interrogatories.

Please provide your answers in the space provided or on a separate sheet(s) of paper on which you plainly state the number of the interrogatory you are answering.

If any of the following Interrogatories cannot be answered in full --- after exercising due diligence to secure the information --- please so state and answer to the extent possible, specifying your inability to answer the remainder, and state whatever information you have concerning the unanswered portions. If your answer is qualified, state the qualifications.

If you wish to claim any privilege recognized by law to avoid the answer to an interrogatory please identify the claimed privilege, and whether the claimed privilege covers oral or written communications, or documents, the date of the conversation or document, the location of said document and the identity of the person who has care, custody and/or control over the information you are withholding.

INTERROGATORIES:

1. Please state the identity and contact information of the persons answering or assisting in the answers to these interrogatories.

2. For the persons identified in the preceding interrogatory, please state their current status of employment (e.g. employed by XYZ Corp.) including any title they possess as an officer of any entity or enterprise.

3. Please state whether or not the Plaintiff is any of the following:

a. A trust identified by a pooling and servicing agreement, in which investors have pooled capital for the purpose of acquiring residential mortgage loans.

i. Yes____ No _____

b. A trust identified by a separate agreement in which Bank of America appears in a representative or trustee capacity for holders of certificates sold as mortgage backed securities.

i. Yes____ No _____

c. Bank of America, on its own behalf

i. Yes____ No _____

d. An unidentified third party

i. Yes____ No _____

4. Please state whether the Plaintiff is or was a trust, and if so the name of the trust, the state under whose laws the trust was organized, and current legal status of the trust.

5. Please identify the name and business address of the trust identified in your response to the previous interrogatory, if any.

6. Please state whether the trust, if any, is currently a real estate mortgage investment conduit as defined by 20 U.S.C. §860D. Yes____ No _____

7. Please state whether Bank of America, as trustee, is currently holding any legally recognized property rights of any kind whatsoever in trust for beneficiaries of the trust as affirmed in Question #4. Yes____ No _____

8. Please state whether Bank of America is currently holding any legally recognized property rights of any kind whatsoever in trust for beneficiaries under any agreement or instrument and describe the date, name and nature of such agreement or instrument with sufficient specificity as to be identified in a request for production. Yes____ No _____

9. Please state whether or not the alleged trustee (Bank of America) or any of its predecessors (as trustees of the alleged trust identified in question #4) have ever maintained a depository bank account titled in the name of the alleged trust affirmed in your response to question #4. Yes____ No _____

10. Please state the date or dates on which the trust, if any, (as identified in question #4) paid for and received ownership of the subject loan. For purposes of this question “ownership” means the creation or addition to an accounts receivable or loan receivable on the books and records of the trust, if any.

11. Please describe the location and custodian of the books and records of the trust in which the subject loan appears as an asset, receivable or other posting.

12. Please identify the participants who were involved in any purchase, sale or transfer of any interest in the subject loan.

13. Please state whether the trust affirmed in your answer to question #4 was a purchaser of the subject loan. For purposes of this paragraph, “purchaser “means a person or entity that paid for the ownership of the debt and/or note and/or mortgage. Yes____ No _____

14. Please state whether you contend that the Plaintiff is a holder in due course as identified by Florida Statute 673.3021. If not, please describe the legal elements of a holder in due course that are absent. Yes____ No _____

a. Missing elements:

15. If Plaintiff is not the holder in due course, please identify the holder in due course, if any, as defined by Florida Statute 673.3021.

16. If the Plaintiff is not the owner of the debt, please identify the owner of the debt. For purposes of this paragraph, who or what entity carries the alleged loan as a receivable on its books or records and/or financial statements?

17. Please state whether you contend that the Plaintiff is a holder (as defined by Florida Statute 671-201(21) (a)) of the original note. Yes____ No _____

18. Please identify name and contact information of the party who has authorized enforcement of the alleged note.

19. Please identify the participants and describe the chain of events in which possession of the aforedescribed note ever changed hands.

20. Please state whether the subject loan was ever lost or destroyed.

Yes____ No _____

The undersigned hereby gives notice that on the __ day of _____, 2017, the above-named Defendants served their First Set of Interrogatories, questions 1-25, upon the parties hereto and the original was directed to the above-named Plaintiff through EPortal service on the above date.

Sam Walter, Esq.

Attorney for the above-named Defendants

Walter and Fitzpatrick, LP

65 Main Street

Ft Lauderdale, Fl 33065

954-971-8888

_________________________________

Sam Walter, Esq.

FBN 30046

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