Discovery

28 Mar

TIMOTHY L. MCCANDLESS, ESQ. SBN 147715

LAW OFFICES OF TIMOTHY L. MCCANDLESS

13240 Amargosa Road

Victorville, California 92392

 

(760) 951-3663 Telephone

(909) 382-9956 Facsimile

 

 

Attorneys for Defendant,

ISCHMAEL O. WHITE,

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF CONTRA COSTA

PITTSBURG BRANCH

 

BLUE MOUNTAIN MORTGAGE LLC, a California Limited Liability Company,

 

Plaintiff,

 

    vs.

 

ISCHMAEL O. WHITE,

 

and DOES I through X, Inclusive

 

Defendant(s).

Case No.: PS-09-1746

 

 

DEFENDANT ISCHMAEL O. WHITE’S SPECIAL INTERROGATORIES TO PLAINTIFF BLUE MOUNTAIN MORTGAGE, LLC., INC., SET ONE

 


 

 

PROPOUNDING PARTY:     Defendant, ISCHMAEL O. WHITE

RESPONDING PARTY:    Plaintiff, BLUE MOUNTAIN MORTGAGE, LLC.

SET NO:                 One

 

TO DEFENDANTS AND ITS ATTORNEY OF RECORD:

 

 

 

SPECIAL INTERROGATORIES

 

SPECIAL INTERROGATORIES NO. 1
Please state the date of the first contact between you company and the borrower in the subject loan transaction, the name and address and telephone number of the person(s) in your company who were involved in that contact, the manner of the contact (web, telephone, letter, application, solicitation, advertisement etc.)

 

SPECIAL INTERROGATORIES NO. 2
Please state the Name(s), addresses, email addresses and telephone numbers of all persons having knowledge, possession, custody, control or possession of any documents used by any person on behalf of any of the Defendants in this lawsuit, in connection with or in furtherance of selling or conveying any information about the lender, the mortgage broker, the appraiser, the terms or prospective terms of the note, mortgage, deed of trust, good faith estimate or any other document(s) related to the prospective or actual loan.

 

SPECIAL INTERROGATORIES NO. 3
Please state the name and address and phone number of the person at your company who is the custodian of any media concerning the advertisements, solicitations, scripts, digital or audio or visual media intended to bring new customers to your company.

 

SPECIAL INTERROGATORIES NO. 4
Please state the name of the person(s) involved in the underwriting of the subject loan. “Underwriting” refers to any person who approved the loan, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such underwriting person(s), their names, addresses, current employment status, and phone number.

SPECIAL INTERROGATORIES NO. 5
Please state the name and address and phone numbers of any person(s) who had any contact with any third party regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written or otherwise, that would effect the funding of the subject loan, the closing of the subject loan, the receipt of money from a third party in a transaction that referred to the subject loan.

 

SPECIAL INTERROGATORIES NO. 6
Please state the name and address and phone number of any person known or believed by anyone in your company to have received either physical possession of the note, the mortgage, or any document (including but not limited to assignment, endorsement, allonge, Pooling and Service Agreement, Assignment and Assumption Agreement, Trust Agreement, letters or emails or faxes of transmittals including attachments), that refers to or incorporates terms regarding the securitization, sale, transfer, assignment, hypothecation or any document or agreement, oral, written, or otherwise, that would effect the funding of the subject loan, the closing of the subject loan, the receipt of money from a third party in a transaction that referred to the subject loan, and whether such money was allocated to principal, interest or other obligation related to the subject loan.

 

SPECIAL INTERROGATORIES NO. 7
Please state the name and address and phone number of all persons known or believed by anyone in your company to have participated in the securitization of the subject loan including but not limited to mortgage aggregators, mortgage brokers, financial institutions, Structured Investment Vehicles, Special Purpose Vehicles, Trustees, Managers of derivative securities, managers of the company that issued an asset backed security, and the names of any person or entitle that purchased the asset backed security.

 

SPECIAL INTERROGATORIES NO. 8
Please state the name, address of the person(s) in custody of any document that identifies the loan servicer(s) in the subject loan transaction.

 

SPECIAL INTERROGATORIES NO. 9
Please state the name and address of the person(s) or entities that are entitled, directly or indirectly to the stream of revenue from the borrower in the subject loan.

 

SPECIAL INTERROGATORIES NO. 10
Please state the name, address and phone number of any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction.

 

SPECIAL INTERROGATORIES NO. 11
Other than people identified above, please state the name, address and phone number of any person(s) in custody of any document which refers to any instruction or authority to enforce the note or mortgage in the subject loan transaction.

 

SPECIAL INTERROGATORIES NO. 12
Other than people identified above, please state the name, address, phone number and employment status of any and all persons who have or had personal knowledge of the subject loan transaction, underwriting of the subject loan transaction, securitization, sale, transfer, assignment or hypothecation of the subject loan transaction, or the decision to enforce the note or mortgage in the subject loan transaction.

 

SPECIAL INTERROGATORIES NO. 13
Please state the names, addresses and phone numbers of any party, person or entity known or suspected by you or any of your officers, employees, independent contractors or other agents, or servants of your company who might possess or claim rights under the subject loan or mortgage and/or note.

 

SPECIAL INTERROGATORIES NO. 14
Please identify the custodian of the records, including, name, address and phone number that would show all entries regarding the flow of funds regarding the closing on the subject loan transaction. If this person does not have personal knowledge of the transaction, then please identify in like fashion the person who worked for your company and had custody of the accounting or bookkeeping registers or records identifying said flow of funds in the closing of the subject loan transaction. Flow of funds, means(a) any record of money received, (b) any record of money paid out and (c) any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company including but not limited to whether the subject loan transaction was ever entered into any category on the balance sheet at any time or times, whether any reserve for default was ever entered on the balance sheet, and whether any reserve for default was ever entered on the balance sheet, and whether any entry, report or calculation was made regarding the effect of this loan transaction on the capital reserve requirements of your company. If also includes any item, entry, calculation or note to any category on either the balance sheet or the income statement of your company wheter in draft form, or in final form.

 

SPECIAL INTERROGATORIES NO. 15
Please identify the custodian of the records, including, name, address and phone number that would show all entries regarding the flow of funds regarding the subject loan transaction prior to or after closing of the subject loan transaction. If this person does not have personal knowledge of the transaction, then please identify in like fashion the person who worked for your company and had custody of the accounting or bookkeeping registers or records identify said flow of funds after or before the closing of the subject loan transaction. Flow of funds, means (a) any record of money received, (b) any record of money paid out and (c) any bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan transaction at your company including but not limited to whether the subject loan transaction was ever entered into any category on the balance sheet at any time or times, whether any reserved for default was ever entered on the balance sheet, and whether any entry, report or calculation was made regarding the effect of this loan transaction on the capital reserve requirements of your company.

 

SPECIAL INTERROGATORIES NO. 16
Please identify the name, address and phone number of the auditor and/or accountant of your financial statements or tax returns.

 

SPECIAL INTERROGATORIES NO. 17
Please identify the name, address and phone number of any attorney with whom you consulted or who rendered an opinion regarding the subject loan transaction or any pattern of securitization that may have effected the subject loan transaction directly or indirectly.

 

SPECIAL INTERROGATORIES NO. 18
Please identify the name, address and phone number of any person who served as an officer or director with your company commencing with 6 months prior to the closing of the subject loan transaction through the present. This interrogatory is limited only to those people who had knowledge, responsibility, or otherwise made or received reports regarding information that included the subject loan transaction, and/or the process by which solicitation, underwriting and closing of residential mortgage loans, or the securitization, sale, transfer or assignment or hypothecation of residential mortgage loans to third parties.

 

SPECIAL INTERROGATORIES NO. 19
Please state the name, address, telephone number, email address and fax number of nay person known to you, your agents, servants or employees to have acted in the capacity of a mortgage aggregator in which any document relating to the subject loan was transferred, assigned pledged or hypothecated to a third party (i.e. a party other than the borrower, the lender, the trustee or any other party specifically identified by name in the instruments presented at the closing of the subject loan. This request specifically refers to any Trustee operating within or outside the boundaries of the United States either as Trustee, officer, employee, agent, servant or affiliate, including but not limited to any entity commonly referred to which fits the description of a structured investment vehicle.

 

SPECIAL INTERROGATORIES NO. 20
Please state the Name(s), addresses, email addresses and telephone numbers of all persons having knowledge, possession, custody, control or possession of any script used by any person on behalf of any of the Defendants in this lawsuit, in connection with or in furtherance of selling or conveying any information about the lender, the mortgage broker, the appraiser, the terms or prospective terms of the note, mortgage, deed of trust, good faith estimate or any other document(s) related to the prospective or actual loan.

 

SPECIAL INTERROGATORIES NO. 21
Please state the Name(s), address, telephone number, email address and fax number of any person known to you, your agents, servants or employees to have acted in the capacity of a trustee of any aggregation or pool of assets in which any document relating to the subject loan was transferred, assigned, pledged or hypothecated to a third party (i.e. a party other than the borrower, the lender, the trustee or any other party specifically identified by name in the instruments presented at the closing of the subject loan. This request specifically refers to any Trustee operating within or4 outside the boundaries of the United States either as Trustee, officer, employee, agent, servant or affiliate, including but not limited to any entity commonly referred to or which fits the description of a structured investment vehicle.

 

SPECIAL INTERROGATORIES NO. 22
Please state the name of the person(s) involved or having knowledge of any analysis or creation of spreadsheets, notes, memoranda or other media, whether electronic or in hard copy, wherein the composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan. “Analysis” refers to any person who suggested or approved the composition of the pool or aggregation, made or confirmed representation, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis person(s), their names, address, current employment status, and phone number.

 

SPECIAL INTERROGATORIES NO. 23
Please state printed source(s) of any analysis standards used to perform due diligence or analysis and whether any independent verification or due diligence was performed utilizing such printed source(s).

 

SPECIAL INTERROGATORIES NO. 24
Please the name of the person(s) involved or having knowledge of any analysis or creation of spreadsheets, notes, memoranda or other media, whether electronic or in hard copy, wherein the composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan and wherein a description of the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any investment banking entity including but not limited to any special purpose vehicle or any entity that could be described as a special purpose vehicle. A person who “transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis.

 

SPECIAL INTERROGATORIES NO. 25
Please the name of the person(s) involved or having knowledge of any analysis or creation of spreadsheets, notes, memoranda or other media, whether electronic or in hard copy, wherein the composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan and wherein a description of the pool or aggregation was allocated, transmitted, transferred, assigned, pledged or hypothecated to any part, or division of an entity or investment banking entity including but not limited to any subsidiary, affiliate or company or entity including but not limited to any special purpose vehicle or any entity that could be described a special vehicle. A person who “allocated, transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis person(s), their names, addresses, current employment status, and phone number.

 

SPECIAL INTERROGATORIES NO. 26
Please state the name of the person(s) involved or having knowledge of any analysis or creation of any offering circular, spreadsheets, notes, memoranda or other media, whether electronic or in hard copy, wherein the composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan and wherein a description of the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated to any buyer or prospective buyer, investor or prospective investor including any entity including but not limited to any subsidiary, affiliate or company or entity created at the direction of said buyer or prospective buyer, investor or prospective investor and/or investment banking firm including but not limited to any special purpose vehicle or any entity that could be described as a special purpose vehicle. A person who “transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis person(s), their names, addresses, current employment status, and phone number.

 

SPECIAL INTERROGATORIES NO. 27
Please state the name of the person(s) involved or having knowledge of any rating or evaluation of any securities or certificates, or any entity acting as an issuer of any securities or certificates and describe with specificity the name, address, telephone number, fax number, and email address of the person(s) as such rating entity (which might include Moody’s, Fitch or Standard and Poor’s) based upon an analysis or creation of spreadsheets, composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan and wherein a description of the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis person(s), their names, addresses, current employment status, and phone number.

 

SPECIAL INTERROGATORIES NO. 28
Please state the name of the person(s) involved or having knowledge of any credit default swap or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates and describe with specificity the name, address, telephone number, fax number, and email address of the person(s) of the parties to such instrument and whether such instrument was based upon an analysis or creation of spreadsheets, notes, memoranda or other media, whether electronic or in hard copy, wherein the composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan and wherein a description of the pool or aggregation was transmitted, transferred, assigned pledged or hypothecated to any entity or buyer. A person who “transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis person(s), their names, addresses, current employment status, and phone number.

 

SPECIAL INTERROGATORIES NO. 29
Please state the name of the person(s) involved or having knowledge of any insurance policy or product, plan or instrument describing overcollateralization, cross collateralization or guarantee or other instrument hedging the risk of default as to any person or entity acting as an issuer of any securities or certificates and describe with specificity the name, address, telephone number, fax number, and email address of the person(s) of the parties to such instrument and whether such instrument was based upon an analysis or creation of spreadsheets, notes, memoranda or other media, whether electronic or in hard copy, wherein the composition of a pool or other aggregation of assets was created or described and which included or referred to the subject loan and wherein a description of the pool or aggregation was transmitted, transferred, assigned, pledged or hypothecated” refers to any person who suggested, approved, received or accepted the composition of the pool or aggregation, made or confirmed representations, evaluations or appraisals of value of the home, value of the security instruments, ability of the borrower to pay including, with respect to such analysis person(s), their names, addresses, current employment status, and phone number.

 

SPECIAL INTERROGATORIES NO. 30
Please state printed source(s) of any analysis standards used to perform due diligence or analysis and whether any independent verification or due diligence was performed utilizing such printed source(s).

 

Dated: September 11, 2009         _____________________________

         Timothy L. McCandless, Esq.                 Attorney for Defendant,

ISCHMAEL O. WHITE

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