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by originator or Depositor—or any other entity or affiliate with origination or subsequent securitization affiliate. Response: Deny. 2) Admit or Deny that Andres Rojas was an employee of any of the New Century TRS Holdings Inc listed companies. Response: To the extent that “the New Century TRS Holdings Inc listed companies” is defined as the “Debtors”, admit. 3) Admit or Deny that Stephen L. Nagy was employed by New Century Mortgage Corporation Response: Admit. 4) Admit or Deny that UBS funded the subject loan through warehouse line of credit or any other short-term line of credit including commercial paper. Response: The Trust admits that the loan was originated utilizing a warehouse line of credit extended by UBS. 5) Admit or Deny that the original lender has not transferred possession of the original blue ink promissory note or that no collection rights to original promissory note have been sold or transferred or “swapped” out of any securitized trust. Response: The Trust admits that the original note was transferred to the investor when the loan was sold. 6) Admit or deny that Home123 Corp, New Century Mortgage and/or New Century Capital Corp did not forward sell subject loan to any entity and that Home123 Corp, New Century Mortgage and/or New Century Capital Group did not repurchase loan in question and did not sell or swap collection rights to any entity. Response: The Trust denies that Home123 Corporation, New Century Mortgage and/or NC Capital Corporation “forward sold” the Carr loan. The Trust admits that NC Capital Corporation entered into a commitment to forward sell, in a whole loan format, approximately $1,000,000,000 of loans to JP Morgan Chase on December 22, 2005, and the Carr loan was sold under this commitment on February 26, 2006. The Trust denies that the Carr loan was repurchased by any of the Debtors.
Trust’s Reponses to Carr’s Informal Discovery Requests INTERROGATORIES 7) Identify EACH OF the company(s) WITHIN NEW CENTURY TRS HOLDINGS INC. which Stephen L. Nagy was employed by and the exact dates of his employment BY COMPANY or SUBSIDIARY Response: The following is a chart of Stephen L. Nagy’s employment history with the Debtors’ and their affiliates: Company Name1 Home123 Corporation New Century Mortgage Corporation Capital Standard Origination Company Capital Standard Origination Company XI Capital Standard Origination Company XIV Capital Standard Origination Company XXVII Capital Standard Origination Company XXXII Capital Standard Origination Company XXXVII Capital Standard Origination Company XXXVIII Dates of Employment 10/18/05-12/17/07 10/18/05-12/17/07
8) Identify all entities which provided funding for the subject loan and provide the amounts of the funding and the dates of the funding, including all warehouse funding, short term financing, commercial paper issues and any other funding vehicles. Response: See the response to #4 above. The loan was funded utilizing the UBS Warehouse Line of Credit. Loan funds were wired from Account
Each of Capital Standard Origination Company (“CSOC”), CSOC XI, CSOC XIV, CSOC XXVII, CSOC XXXII, CSOC XXXVII, AND CSOC XXXVIII are non-debtor subsidiaries of Home123 Corporation.
Trust’s Reponses to Carr’s Informal Discovery Requests Number 4000033986 at Deutsche Bank, held in the name New Century/UBS Wet-Ink Wire Funding account. The funds were wired out of such account on January 30, 2006. The wire amount was $774,600.16. Please describe what the ‘premium’ of $13,844.53 was for in relation to the subject loan and the deal between New Century Capital Corporation and JPM. Response: The adjusted purchase price paid by JP Morgan for the certain pool of loans, including the Carr loan, was 101.7704% of the unpaid principal balance of each loan. Thus, the premium paid with regard to the Carr loan is 1.7704% of the unpaid principal balance ($782,000), which equals $13,844.53. Describe what the ‘bid acceptance date’ of 12/22/05 means with respect to subject loan and the deal between New Century Capital Corporation and JPM. Response: NC Capital Corporation entered into a commitment to sell, in a whole loan format, approximately $1,000,000,000 of loans to JP Morgan Chase on December 22, 2005. See response to #6 above. The Carr loan data was contained on the tape sent to JP Morgan in early February to review under the commitment to sell agreement referenced in the response to number 6 above. The Carr loan was also included in a final tape confirming that JP Morgan Chase purchased the Carr loan, along with 4,213 other loans, on February 24, 2006. If subject loan was repurchased, please provide the date, the dollar amount exchanged or other remuneration, and identify the individuals who processed this repurchase & the companies they were employed at. Response: The Carr loan was not repurchased. Please provide the account number & bank name or trust name from which loan funds were sent from in order to fund subject loan at closing. Response: The loan was funded under the UBS Warehouse Line of New Century’s Account Number 4000033986 at Deutsche Bank, held in the name New Century/UBS Wet-Ink Wire Funding account. Identify the date & method (physical or electronic) the collateral files were shipped to JPM from NCTHI with respect to the mortgage loan pool which subject loan was contained within and include any file that demonstrates removal of loan in question according to mandated terms for the Mortgage Loan Purchase/Repurchase Agreement and/or MLSA. Response: The Debtors books and records do not contain shipment documentation. However, the actual hard copies of the files were transferred to JP Morgan from the Debtors. Further, according to the MortgageServ Electronic Database of servicing information, the Carr loan was service released on May 1, 2006 as referenced in documents produced concurrently with these responses. With respect to subject loan, for the Corporation Assignment of Deed of Trust, signed on May 22, 2007 with recordation date of 6/15/2007, and entered as a judicial notice exhibit for Page 3
Trust’s Reponses to Carr’s Informal Discovery Requests Plaintiff’s AP 09-52251 KJC in this matter, please provide the exact dollar amount constituting ‘FOR VALUE RECEIVED’ which Home123 Corporation received from U.S. Bank N.A. Response: The Debtors sold the Carr loan to JP Morgan (the purchase price constituting “value received”) and issued an assignment in blank to JP Morgan. The Debtors are informed and believe that after the sale to JP Morgan was consummated, JP Morgan included the Carr loan in a securitization. In connection with the securitization, the assignment in blank was completed by filling in the name of US Bank, as the trustee of the securitization trust, in accordance with normal securitization procedures. Intervening assignments were not recorded since a loan may undergo multiple transfers in connection with a securitization, thus both promissory notes and mortgages/deeds of trust were assigned in blank in the normal course of business. 15) Please state the name of the person(s) involved in the underwriting of the subject loan. “Underwriting” refers to any person who made representations, warranties, evaluations or appraisals of value of the home, value of the security instruments, due diligence for any security underwriting , ability of the borrower to pay including their names, addresses, current employment status, phone number and email address. Response: The Trust objects to the definition of “underwriting” as it is too broad. The employee who acted as the “underwriter”, under the Debtors’ traditional definition, of the Carr loan file was Tung Phan. 16) Please state the name, address and contact information of any person known or believed by anyone at NCM, Home123 Corp. and/or New Century Capital Corporation, to have received physical possession of the note, deed of trust, or any document 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 or involve: a. The appraisal of subject property b. The funding of the subject loan c. The closing of subject loan d. The management of subject loan e. The receipt of money from a 3rd party in any transaction(s) that referred to the subject loan f. Disbursements of any loan funds Response: The Trust objects to this request as it calls for information that is overly broad and unduly burdensome as it relates to a “chain” of people and all their contact information. The persons/entities most knowledgeable about the specifics of the Carr loan include the following: Greg Penney of Penney Appraisals- the third party appraiser of the property; Sharon Corrales, an employee of the Debtors, was the funder; LandAmerica/Commonwealth, a title company, closed the Carr loan; Ryan Williams, an employee of the Debtors, was the account manager of the loan. In addition, the settlement statement and the Page 4
Trust’s Reponses to Carr’s Informal Discovery Requests final HUD reflects the disbursement of the loan funds to third parties. All of the foregoing information was already produced in the loan file. DOCUMENT PRODUCTION 17) Please provide a copy of Stephen L. Nagy’s employment application to any NCTHI companies with his signature. Redact his social security number. Response: The Trust objects to this request as it calls for the production of documents that are overly burdensome to produce and will not provide evidence that is reasonably calculated to lead to the production of admissible evidence. Mr. Nagy’s employment application, if it exists, would only be in hard copy form and amongst thousands, if not millions of documents. Searching for such document would cause the Trust to invest large amounts of time and expense. The Trust has already admitted that Mr. Nagy was an employee of the Trust and provided pertinent information regarding his employment above. In addition, the Trust has provided four (4) exemplars of Mr. Nagy’s signature. 18) Please provide a copy of any contract, agreement, letter of understanding or other document, whether electronic or paper, between any NCTHI company and UBS in relation to the subject loan or the mortgage pool subject loan was included in. Response: The Trust has already produced these document(s). 19) Provide the GAAP entries for each NCTHI company with respect to subject loan or the mortgage loan pool the subject loan was within. Response: The Trust objects to this request as it is not reasonably calculated to lead to the production of admissible evidence because GAAP has no bearing to the claims at issue. 20) Provide all documents which must be signed by all parties, certified & notarized , related to the ‘bid acceptance date’ of 12/22/2005 for the deal between NCTHI and JPM with respect to subject loan, including the MLSA. Response: None of the documents related to the “bid acceptance date” at issue were or are required to be signed, certified and notarized. The Trust has already produced all signed documents. Thus, all documents responsive to this request have already been produced. 21) With respect to subject loan, please provide each and every document transaction receipt, contract, agreement, or other document, whether paper or electronic, related to the sale or transfer of the promissory note & the deed of trust from Home123 Corporation to U.S. Bank, N.A. as described by the Corporation Assignment of Deed of Trust signed on May 22, 2007 with recordation of 6/15/2007 & entered as judicial notice exhibit for Plaintiff’s AP 09-52251 KJC in this matter. Response: The Debtors did not transfer the Carr loan to US Bank, but sold it to JP Morgan. Thus, there are no documents responsive to this request. Page 5
Trust’s Reponses to Carr’s Informal Discovery Requests More specifically, the Debtors sold the Carr loan and issued an assignment in blank to JP Morgan. After the sale to JP Morgan was consummated, JP Morgan then securitized the sold loans, including the Carr loan, with US Bank, as Trustee of the Securitization. After the loans, including the Carr loan, were securitized, the trustee’s name was filled into the assignment documents. This was done in accordance with ordinary practices in the secondary market industry. 22) Please provide a copy of the “true sale” opinion from NC Capital to JPM and any other entity with respect to subject loan or any mortgage pool subject loan was within Response: These documents are not in the Debtors’ books and records and thus there are no documents responsive to this request. A true sale opinion is given when there is a securitization; this language is not used in a whole loan sale. Thus, these documents could either be in JP Morgan’s or US Bank’s possession. 23) Please provide copies of the remittance ledger accounts from the servicer of the subject loan, including all payments, advance payments, property tax payments, insurance payments, the forwarding of any payments to any entity. Response: Please see documents produced concurrently with these responses.
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