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Sample Request for Admissions

Sample Request for Admissions

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Published by Barry Fagan Esq.
PLEASE TAKE NOTICE that if the RESPONDING PARTY fails to serve a timely response to these REQUESTS FOR ADMISSIONS, the RESPONDING PARTY thereby waives any objections to these requests, including objections based on privilege or on the protection of work product pursuant to Civ. Code Proc. §2018.
PLEASE TAKE FURTHER NOTICE that in the event the RESPONDING PARTY fails to serve a timely response to these REQUESTS FOR ADMISSIONS, this PROPOUNDING PARTY reserves the right to move the Court for an order deeming all facts set forth herein admitted.
PLEASE TAKE FURTHER NOTICE that if the RESPONDING PARTY fails to admit the truth of any matter when requested to do so under this section, and if the PROPOUNDING PARTY thereafter proves the truth of that matter, the PROPOUNDING PARTY may move the court for an order requiring the RESPONDING PARTY to pay the reasonable expenses incurred in making that proof, including reasonable attorneys fees.

If any of these requests for admissions cannot be fully answered, please answer to the extent possible, specifying the reasons for your inability to answer the remainder, and set forth any information, knowledge or belief you have concerning the unanswered portions.

If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem.

REQUESTS FOR ADMISSIONS
1. ADMIT THAT YOU ARE NOT A CREDITOR.
2. ADMIT THAT WELLS FARGO BANK NEVER HAD THE SUBJECT LOAN ON ITS BOOKS AND RECORDS AS A LOAN RECEIVABLE.
3. ADMIT THAT WELLS FARGO BANK WAS PAID BY THIRD PARTIES, NOT DISCLOSED TO THE PLAINTIFF BARRY S. FAGAN.
4. ADMIT THAT WELLS FARGO BANK WAS NOT THE SOURCE OF FUNDS FOR ANY FINANCIAL TRANSACTION WITH THE PLAINTIFF BARRY S. FAGAN.
5. ADMIT THAT NO ASSIGNMENT OF THE ALLEGED SUBJECT LOAN WAS EVER SUPPORTED BY CONSIDERATION OR VALUE.
6. ADMIT THAT NO ACCOUNTING OR REPORT HAS EVER BEEN ISSUED (AND DELIVERED TO PLAINTIFF BARRY S. FAGAN) BY THE SOURCE OF FUNDS FOR THE ORIGINATION OF ANY ALLEGED SUBJECT LOAN TRANSACTION WITH THE PLAINTIFF BARRY S. FAGAN.
7. ADMIT THAT THE MASTER SERVICER NEVER ISSUED (AND DELIVERED TO PLAINTIFF BARRY S. FAGAN) AN ACCOUNTING OR REPORT FOR THE ORIGINATION OR TRANSFER OF THE SUBJECT “LOAN.”
8. ADMIT THAT THE CREDITOR WHO WOULD QUALIFY UNDER CALIFORNIA STATUTES TO SUBMIT A CREDIT BID AT AUCTION WAS RECEIVING PAYMENTS FROM THIRD PARTIES IN RELATION TO THE SUBJECT “LOAN.”
9. ADMIT THAT NO ACCOUNTING DEBITS OR CREDITS HAVE BEEN REPORTED TO THE PLAINTIFF AS TO RECEIPTS AND DISBURSEMENTS RELATING TO THE SUBJECT LOAN, DIRECTLY OR INDIRECTLY?

10. ADMIT THAT THE “PLAINTIFF’S” ACCOUNT WAS REDUCED BY THIRD PARTY PAYMENTS.
11. ADMIT THAT, AS THE ALLEGED “ORIGINATOR AND OWNER OF THE SUBJECT LOAN” WELLS FARGO BANK IS REQUIRED TO HAVE INDIVIDUALIZED LOAN ACCOUNTING OF THE NOTES AND DEEDS OF TRUST.
12. ADMIT THAT THE ALLEGED LOAN OBLIGATION UNDER THE NOTE AND DEED OF TRUST AT ISSUE IN THIS LITIGATION IS NOT IN DEFAULT.
13. ADMIT THAT THERE WAS NEVER ANY MEMORIALIZED MONETARY TRANSACTION BETWEEN YOU AND PLAINTIFF.
14. ADMIT THAT REPRESENTATIONS WERE MADE TO THE SUPERIOR COURT COUNTY OF LOS ANGELES THAT THE BENEFICIARY OF THE SUBJECT LOAN IS WELLS FARGO BANK, N.A.
15. ADMIT THAT THIRD PARTIES HAVE MADE CONTRIBUTIONS TO PLAINTIFFS’ ACCOUNT BY WAY OF, BUT NOT LIMITED TO, ADVANCES, CREDIT DEFAULT SWAPS, INSURANCE OR GOVERNMENT FUNDS.
16. ADMIT THAT THESE CONTRIBUTIONS WERE NEVER CREDITED TO PLAINTIFF’S ACCOUNT.
17. ADMIT THAT MORTGAGE PAYMENTS RECEIVED BY YOU WERE NEVER PROPERLY CREDITED TO THE PLAINTIFF’S ACCOUNT.
18. ADMIT THAT YOU NEVER HAD THE NECESSARY DOCUMENTS TO SHOW OWNERSHIP AND STATUS OF PLAINTIFF’S ACCOUNT AS THE ALLEGED CREDITOR.
19. ADMIT THAT WELLS FARGO EARNS 100 CENTS OF EVERY DOLLAR RECEIVED FROM BARRY FAGAN’S INTEREST ONLY PAYMENTS.
20. ADMIT THAT PAYMENTS WERE MADE BY BARRY S. FAGAN TO WELLS FARGO BANK.
21. ADMIT THAT BARRY S. FAGAN’S PAYMENTS TO WELLS FARGO BANK REPRESENTED IN
PLEASE TAKE NOTICE that if the RESPONDING PARTY fails to serve a timely response to these REQUESTS FOR ADMISSIONS, the RESPONDING PARTY thereby waives any objections to these requests, including objections based on privilege or on the protection of work product pursuant to Civ. Code Proc. §2018.
PLEASE TAKE FURTHER NOTICE that in the event the RESPONDING PARTY fails to serve a timely response to these REQUESTS FOR ADMISSIONS, this PROPOUNDING PARTY reserves the right to move the Court for an order deeming all facts set forth herein admitted.
PLEASE TAKE FURTHER NOTICE that if the RESPONDING PARTY fails to admit the truth of any matter when requested to do so under this section, and if the PROPOUNDING PARTY thereafter proves the truth of that matter, the PROPOUNDING PARTY may move the court for an order requiring the RESPONDING PARTY to pay the reasonable expenses incurred in making that proof, including reasonable attorneys fees.

If any of these requests for admissions cannot be fully answered, please answer to the extent possible, specifying the reasons for your inability to answer the remainder, and set forth any information, knowledge or belief you have concerning the unanswered portions.

If any paragraph of this request is believed to be ambiguous or unduly burdensome, please contact the undersigned and an effort will be made to remedy the problem.

REQUESTS FOR ADMISSIONS
1. ADMIT THAT YOU ARE NOT A CREDITOR.
2. ADMIT THAT WELLS FARGO BANK NEVER HAD THE SUBJECT LOAN ON ITS BOOKS AND RECORDS AS A LOAN RECEIVABLE.
3. ADMIT THAT WELLS FARGO BANK WAS PAID BY THIRD PARTIES, NOT DISCLOSED TO THE PLAINTIFF BARRY S. FAGAN.
4. ADMIT THAT WELLS FARGO BANK WAS NOT THE SOURCE OF FUNDS FOR ANY FINANCIAL TRANSACTION WITH THE PLAINTIFF BARRY S. FAGAN.
5. ADMIT THAT NO ASSIGNMENT OF THE ALLEGED SUBJECT LOAN WAS EVER SUPPORTED BY CONSIDERATION OR VALUE.
6. ADMIT THAT NO ACCOUNTING OR REPORT HAS EVER BEEN ISSUED (AND DELIVERED TO PLAINTIFF BARRY S. FAGAN) BY THE SOURCE OF FUNDS FOR THE ORIGINATION OF ANY ALLEGED SUBJECT LOAN TRANSACTION WITH THE PLAINTIFF BARRY S. FAGAN.
7. ADMIT THAT THE MASTER SERVICER NEVER ISSUED (AND DELIVERED TO PLAINTIFF BARRY S. FAGAN) AN ACCOUNTING OR REPORT FOR THE ORIGINATION OR TRANSFER OF THE SUBJECT “LOAN.”
8. ADMIT THAT THE CREDITOR WHO WOULD QUALIFY UNDER CALIFORNIA STATUTES TO SUBMIT A CREDIT BID AT AUCTION WAS RECEIVING PAYMENTS FROM THIRD PARTIES IN RELATION TO THE SUBJECT “LOAN.”
9. ADMIT THAT NO ACCOUNTING DEBITS OR CREDITS HAVE BEEN REPORTED TO THE PLAINTIFF AS TO RECEIPTS AND DISBURSEMENTS RELATING TO THE SUBJECT LOAN, DIRECTLY OR INDIRECTLY?

10. ADMIT THAT THE “PLAINTIFF’S” ACCOUNT WAS REDUCED BY THIRD PARTY PAYMENTS.
11. ADMIT THAT, AS THE ALLEGED “ORIGINATOR AND OWNER OF THE SUBJECT LOAN” WELLS FARGO BANK IS REQUIRED TO HAVE INDIVIDUALIZED LOAN ACCOUNTING OF THE NOTES AND DEEDS OF TRUST.
12. ADMIT THAT THE ALLEGED LOAN OBLIGATION UNDER THE NOTE AND DEED OF TRUST AT ISSUE IN THIS LITIGATION IS NOT IN DEFAULT.
13. ADMIT THAT THERE WAS NEVER ANY MEMORIALIZED MONETARY TRANSACTION BETWEEN YOU AND PLAINTIFF.
14. ADMIT THAT REPRESENTATIONS WERE MADE TO THE SUPERIOR COURT COUNTY OF LOS ANGELES THAT THE BENEFICIARY OF THE SUBJECT LOAN IS WELLS FARGO BANK, N.A.
15. ADMIT THAT THIRD PARTIES HAVE MADE CONTRIBUTIONS TO PLAINTIFFS’ ACCOUNT BY WAY OF, BUT NOT LIMITED TO, ADVANCES, CREDIT DEFAULT SWAPS, INSURANCE OR GOVERNMENT FUNDS.
16. ADMIT THAT THESE CONTRIBUTIONS WERE NEVER CREDITED TO PLAINTIFF’S ACCOUNT.
17. ADMIT THAT MORTGAGE PAYMENTS RECEIVED BY YOU WERE NEVER PROPERLY CREDITED TO THE PLAINTIFF’S ACCOUNT.
18. ADMIT THAT YOU NEVER HAD THE NECESSARY DOCUMENTS TO SHOW OWNERSHIP AND STATUS OF PLAINTIFF’S ACCOUNT AS THE ALLEGED CREDITOR.
19. ADMIT THAT WELLS FARGO EARNS 100 CENTS OF EVERY DOLLAR RECEIVED FROM BARRY FAGAN’S INTEREST ONLY PAYMENTS.
20. ADMIT THAT PAYMENTS WERE MADE BY BARRY S. FAGAN TO WELLS FARGO BANK.
21. ADMIT THAT BARRY S. FAGAN’S PAYMENTS TO WELLS FARGO BANK REPRESENTED IN

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Published by: Barry Fagan Esq. on Aug 30, 2012
Copyright:Attribution Non-commercial
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