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January, 8th 2018

TO WHOM IT MAY CONCERN

This is a complaint against Kansas attorney Matt R. Hubbard* (KS #18016) of Kutak
Rock LLP,Two Pershing Square, 2300 Main Street, Suite 800, Kansas City, Missouri, 64108-
2416.

*Attorney Matt R. Hubbard is a debt collector as defined by 15 U.S.Code § 1692a of the


federal Fair Debt Collection Practices Act.

On September 29th, 2017 attorney [ehan Moore sent me an email stating that she was
taking over from Attorney Matt R. Hubbard (who at the time was also with Lathrop Gage
LLP) as attorney for Plaintiff (Wilmington Trust) in a foreclose case against me. There was
no entry of appearance (or notice of withdrawal) pleading attached to this email.This is
improper and violates Kansas supreme court rule Rule 117 (c) .

Going back to October 17th, 2016 I was repeatedly denied immediate loss mitigation
options when I requested them, and more importantly I have been denied direct access to
Wells Fargo - the alleged servicer of the loan in question - in violation of 12 C.F.R.§ 1024.41
and 12 C.F.R.§ 1024.40 "Continuity of contact" respectively.

The pressing issues here are that since there was a clear substantial delay in beginning the
loss mitigation process the late fees keep piling up, and that the attorneys are violating my
privacy by insisting that all personal documents needed to be filled for the loss mitigation
be sent through them. I have repeatedly objected to this practice.

As indicated by 12 C.F.R.§ 1024.40 attorney Matt Hubbard is/was not a servicer, and he
is/was not a servicer personnel, and he has no federal authority to handle any of my
personal/private information. I demand that he immediately provides me with a live
contact from the servicer and that he immediately confirms that he has deleted/destroyed
any information that was sent through him - against my "on the record" objections - as an
unauthorized conduit for the servicer.

The 2016 CFPB"Final Amended Rules" require mortgage servicers to exercise reasonable
diligence to obtain information not in the borrower's control, mandate that servicers
attempt to evaluate an application while waiting for third-party information, and prohibit
servicers from denying borrowers loss mitigation solely on the basis of not having third-
party information.

The servicer must "exercise reasonable diligence in obtaining documents and information
to complete a loss mitigation application."
Attorney [ehan Moore's email to me from January 3rd, 2018 clears implies to me that she
personally sent that email demanding more information and that she is personally involved
in reviewing my private/personal information and loss mitigation application - against my
objections. There is NO iota of indication that she sent this email on behalf of another party.
She has no authority, right, or privilege to interfere with direct communication with the
servicer. She also has no right to make demands as if she were the servicer, or servicer
personnel. This is improper and misleading and as a debt collector she Ibelieve and allege
that she is making false misrepresentations in violation of 15 U.S.Code § 1692e.

Ialso state, believe, and allege that throughout this pending case there has been violations
of 12 C.F.R.§ 1024.35, and/or 12 C.F.R.§ 1024.36, and/or 12 C.F.R.§ 1024.41(b)(1).

Iwould also like to turn my motion to strike** attorney Matt Hubbard filings into a
complaint including, also, his repeated certificate of service abuse issues wherein he
repeatedly failed to abide by his own certificates of service by failing (and he does not
dispute this as the attached documents will show) to mail me pleadings he had filed in
court.

** After Ifiled this motion attorney Matt Hubbard immediately called me and attempted to
talk me into doing him a favor and withdrawing the motion since as he stated "it did not
reflect well on him".

Please investigate these matters.

All the necessary documentation supporting this complaint have been attached.

Respectfully submitted,
BY:WQ..,~~
Eric Muathe,
P.O.Box 224,
Pittsburg, Kansas, 66762
(913) 980-7286

Cc:

./ Office of the Disciplinary Administrator


./ Consumer Financial Protection Bureau
./ Kutak Rock LLP
1/6/2018 Gmail- Case Number 2014 CV 86P [For Settlement Purposes ONLY]

M Gmail Eric Muathe <muathedotcom@gmail.com>

- --- - ------- .---- _. ------- .

Case Number 2014 CV 86P [For Settlement Purposes ONLY]


13 messages
._---_._--
Eric Muathe <muathedotcom@gmail.com>
To: "Hub,bard, Matthew (LG)" <mhubbard@lathropgage.com>, cbush@km-Iaw.com, James Nelson <jnelson@km-Iaw.com>

Hi Matt,

I trust you had a great weekend.

I thought it wise to see if you had a "contact person" with whom I would discuss any out of Court settlement options. At this point I honestly don't even know who I would
approach to do that. •

I have copied Charles Bush and James Nelson of Kozeny & McCubbin, L.C., and Wendy M. Green" and Linda S. Mock" formerly with the Law-firm Shapiro and Mock,
LLC (now DBA Shapiro & Kreisman, LLC) due to their previous involvement in the current and previous action on the same subject matter property as seen in the
attachment.

"Via Fax.

I will be adding them all, and JPM Chase, to any counter lawsuit in state andlor federal court - at the very least - not to mention appearing as witnesses in the current
lawsuit.

In the spirit of judicial economy this email is worth your kind consideration.

Bless!

"And therefore our contemplation of this source, as the power which we want, gives us the ability to use that power. And the way we use this process is to contemplate
ourselves as surrounded by the conditions which we want to produce." - Thomas Troward.

Namaste,
Eric Muathe
CEO I Founder
Encare Financial Inc.
http://www.muathe.com

t:l Foreclosure-Dismissal (1).pdf


. 438K

---------_ ... _.
Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Mon, Oct 17, 2016 at 4:37 PM
To: Eric Muathe <muathedotcom@gmail.com>

Eric:
I will double check, but I believe any settlement discussions regarding our Wilmington Trust court case will likely be handled by me. I will check with the client and get
back to you. 'L
•..• ---_,..,

Thanks,
Matt

Sent from my iPhone

This e-mail (induding any attachments) may contain material that (1) is confidential and for the sole use of the intended recipient, and (2) may be protected by the
attorney-client privilege, attorney work product doctrine or other legal rules. Any review, reliance or distribution by others or forwarding without express permission is
strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies.

On Oct 17, 2016, at 12:47 PM, Eric Muathe <muathedotcom@gmail.com>wrote:

IQuoted text hidden]

<Foreclosure-Dismissal (1 ).pdf>

Eric Muathe <muathedolcom@gmail.com> Tue, Oct 18, 2016 at 10:04 AM


To: "Hubbard, Matthew (LG)" <MHubbard@iathropgage.com>

Good Morning Matt.

Thanks. I guess the most pressing questions are what will it take for your ciientto settle out of Court, or IF that is even an option?

~Of course,
,------~--~----~----~------~------------------------------~---
ideally, this should be done as early in the process as possible - in the interest of Judicial economy.

~-------~-------------------------------------~~
1/6/2018 Gmail- Case Number 2014 CV 86P [For Settlement Purposes ONLY]

Bless.

Eric Muathe

[Quoted text hidden]

_-_._--
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Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Wed, Oct 19, 2016 at 1:08 PM
To: Eric Muathe <muathedotcom@gmail.com>

Eric:

I confirmed that I will be communicating with you regarding any settlement discussions. We don't know if it is an option, but we will communicate any settlement
offer you make to the client for its consideration. ~ •

Thanks

From: Eric Muathe [mailto:muathedotcom@gmail.com]


Sent: Tuesday, October 18, 2016 10:04 AM
To: Hubbard, Matt
Subject: Re: case Number 2014 OJ 86P [For Settlement Purposes ONLY]

{Quoted text hidden]

Eric Muathe <muathedotcom@gmail.com> Wed, Oct 26,2016 at 8:37 AM


To: "Hubbard. Matthew (LG)" <MHubbard@lathropgage.com>

Good morning Matt,

How are you doing? I was curious as to what the payoff amount is for this account?

Again. only for settlement purposes and considerations.

Good day and bless.

Eric Muathe
[Quoted text hidden]

Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Wed, Oct 26, 2016 at 10:51 AM


To: Eric Muathe <muathedotcom@gmail.com>

I will check and get back to you asap. Thanks Eric

From: Eric Muathe [mailto:muathedotcom@gmail.com]


Sent: Wednesday, October 26, 20168:37 AM
[Quoted text hidden]

{Quoted text hidden]

.---------------------- ----------------
Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Fri, Oct 28,2016 at 10:05 AM
To: Eric Muathe <muathedotcom@gmail.com>

Eric:

1. I have Wilmington Trust's documents and its responses to your First Request for Production of Documents, and I will mail them to you today.

2. I have requested an itemized payoff of the Loan and I will send that to you as soon as I get it, per your request.

3. I am awaiting Wilmington Trust's signatures for its responses to your First Interrogatories and First Requests for Admissions. These are due in the next few
days, but I will be out of town next week, and I request a short extension of time until Nov. 11th to get you these signed responses to your First Interrogatories and
First Requests for Admissions.. Is this short extension ok with you?
1/6/2018 Gmail - Case Number 2014 CV 86P [For Settlement Purposes ONLy]

Thanks,
Matt

From: Eric Muathe [mailto:muathedotcom@gmail.com]


Sent: Wednesday, October 26, 2016 8:37 AM

[Quoted text hidden]

[Quoted text hidden]

---- ---------------
Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Fri, Oct 28,2016 at 12:08 PM
To: Eric Muathe <muathedotcom@gmail.com>

Eric:
Today I will do a short motion for extension oftime to serve our responses to your discovery requests until Nov. 11,2016, so please let me know if the short
extension is ok with you.
Thanks

From: Hubbard, Matt


Sent: Friday, October 28, 2016 10:05 AM
To: 'Eric Muathe'
Subject: RE: Case Number 2014 OJ 86P [For Settlement Purposes ONLy]

Eric:

1. I have Wilmington Trust's documents and its responses to your First Request for Production of Documents, and I will mail them to you today.

2. I have requested an itemized payoff of the Loan and I will send that to you as soon as I get it, per your request.

3. I am awaiting Wilmington Trust's signatures for its responses to your First Interrogatories and First Requests for Admissions. These are due in the next few
days, but I will be out of town next week, and I request a short extension of time until Nov. 11th to get you these signed responses to your First Interrogatories and
First Requests for Admissions.. Is this short extension ok with you?

Thanks,
Matt

From: Eric Muathe [mailto:muathedotcom@gmail.com]


Sent: Wednesday, October 26, 2016 8:37 AM
[Quoted text hidden]

[Quoted text hidden]

Eric Muathe <muathedotcom@gmail.com> Fri, Oct 28,2016 at 3:28 PM


To: "Hubbard, Matthew (LG)" <MHubbard@lathropgage.com>

Hi Matt,

I don't have any Objection to the extension you are asking for.

Have a great weekend.

Bless.

Eric Muathe
[Quoted text hidden}

--------------------_._------_ .. --- - _ ..
Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Fri, Oct 28,2016 at 3:29 PM
To: Eric Muathe <muathedotcom@gmail.com>
1/6/2018 Gmail- Case Number 2014 CV 86P [For Settlement Purposes ONLY]

Ok Thanks Will file motion

From: Eric Muathe [mailto:muathedotcom@gmail.com]


Sent: Friday, October 28, 2016 3:29 PM

[Quoted te+dden]

~QU~t~:rdden] .. _

Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Wed, Nov 2,2016 at 10:01 AM


To: Eric Mukthe <muathedotcom@gmail.com>

Eric:

Please recall your request for the account payoff amount. The account payoff (without attorney's fees) is approximately $290 709.02.

See attJhed affidavits. The per diem is approximately $33.34. The above 290k amount is calculated as $285,608 (as of 5/24/16) + ($5,101.02 interest from
If
5/25/16 I rough 11/2/16) = $290,709.02.

Thanks,
Matt

From: Eric Muathe [rnailto:muathedotcorn@gmail.com]


Sent: Wednesday, October 26, 2016 8:37 AM
[Quoted teJ hidden]

[Quoted teJ hidden]

~
--J --
265~5658_1.PDF
205K
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Eric Muat~e <muathedotcom@gmail.com> Mon, Nov 28,2016 at 9:59 AM
To: "Hubbard, Matthew (LG)" <MHubbard@lathropgage.com>

Good morning Matt,

I would like to make a settlement offer for you and your client to reconsider - for settlement purposes only.

To date, I have not heard any settlement propositions from your end and wonder if your client even wants to consider any settlement possibility for judicial economy.

I am Willi~9 to consider a reworked loan agreement - at a competitive fixed interest rate - for the amount sued upon (about 178K), and receive a personal judgment
against Te for the remaining amount (approx. 290K - approx. 178K;: approx. 112K) PLUS attorney fees.

If this is something your client can have good faith discussions on do kindly let me know.

Thanks.

Eric Muathe
[Quoted tj_h_ld_de_"_] _

Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Mon, Nov 28,2016 at 10:07 AM


To: Eric MJathe <muathedotcom@gmail.com>

Good +0;0' snc

I hope you had a good weekend. I will confer with the bank and let you know their response.

I
Thanks,

Matt
1/6/2018 Gmail - Case Number 2014 CV 86P [For Settlement Purposes ONLY]

Lathrop & Gage, LLP

Partner
2345 Grand Blvd. I Suite 2200 I Kansas City, MO I 64108-2618
P: 816.460.5528 I F: 816.292.2001 I MHUBBARD@LATHROPGAGE.COM

Los Angeles . Denver . Boulder . Chicago . Overland Park . Kansas City . Springfield . Jefferson City . St. Louis . Boston

From: Eric Muathe [mailto:muathedotcom@gmail.com]


Sent: Monday, November 28, 20169:59 AM
[Quoted text hidden]

[Quoted text hidden]


1/7/2018 Gmail - Wilmington v. Muathe: WF ria answers, WF rip responses, WF irog answers pdf

M Gmail Eric Muathe <muathedotcom@gmail.com>

-------------_. ---- --- - ._--


Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf
3 messages
- --- -- -----
Hubbard, Matthew (lG) <MHubbard@lathropgage.com> Fri, Nov 11, 2016 at 2:13 PM
To: "Eric Muathe (muathedotcom@gmail.com)" <muathedotcom@gmail.com>

Eric:

Attached are plaintiffs responses to the discovery requests. There are some discovery requests that we should discuss in which we can and will better answer after
we confer. There are also some documents that we will produce and supplement, in conjunction with a protective order that we will propose to you and the Court.
Thus, please note that some of our objections will be withdrawn after we confer and after the protective order is entered. We will send the documents by separate
email that will follow, and the verification page for the interrogatories will also follow. Have a good weekend.

Thanks,
Matt

Matt Hubbard
Lathrop & Gage, LLP
Partner
2345 Grand Blvd. I Suite 2200 I Kansas City, MO I 64108-2618
P: 816.460.5528 I F: 816.292.2001 I MHUBBARD@LATHROPGAGE.COM

Los Angeles . Denver . Boulder . Chicago . Overland Park . Kansas City . Springfield . Jefferson City . St. Louis . Boston

This e-mail (including any attachments) may contain material that (1) is confidential and for the sole use of the intended recipient, and (2) may be protected by the
attomey-client privilege, attorney work product doctrine or other legal rules. Any review, reliance or distribution by others or forwarding without express permission is
strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies.

3 attachments
~, WF rfa answers. pdt
!d 33K

~ WF rfp responses. pdt


41K

't!'l WF irog answers pdt. pdt


32K

---_ ..... ------------- -------------------_._----------------


Eric Muathe <muathedotcom@gmail.com> Wed, Nov 16, 2016 at 1:05 PM
To: "Hubbard, Matthew (LG)" <MHubbard@lathropgage.com>

Good Afternoon Matt,

I have been waiting for your discovery responses via regular mail over the last few days I have NOT yet received anything' via regular mail as per your November 11th,
2016 certificate of service.

"The mailman just came by today - November 16th, 2016.

-----
This is improper!

I have been busy with two federal cases and two Kansas court appeals (one moving to the KSC soon) so would like to take a look at your discovery responses but they
have NOT arrived in the mail as per your certificate of service.

Could you send the discover pleadings since I haven't received them.

Thanks for your cooperation.

Eric Muathe
[Quoted text hidden]

"And therefore our contemplation of this source, as the power which we want, gives us the ability to use that power. And the way we use this process is to contemplate
ourselves as surrounded by the conditions which we want to produce." - Thomas Troward.

Namaste,
Eric Muathe
CEO I Founder
11712018 Gmail - Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf
Encare Financial Inc.
http://www.muathe.com

Hubbard, Matthew (LG) <MHubbard@lathropgage.com> Wed, Nov 16, 2016 at 1:13 PM


To: Eric Muathe <muathedotcom@gmail.com>

Eric:
We are fed-exing you the hard copies of the discovery pleadings and documents for overnight delivery. We get used to emailing everything these days and
sometimes forget that you have requested hard copies. Let me know if you have any questions.

Thanks,

Matt 7??
o ••

From: Eric Muathe [mailto:mualhedotcom@gmail.com]


Sent: Wednesday, November 16, 2016 1:05 PM
To: Hubbard, Matt
Subject: Re: Wilmington v. Muathe: WF rfa answers, WF rfp responses, WF irog answers pdf

[Quoted text hidden]


IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

WILMINGTON TRUST N.A.,

Plaintiff, )

) Case No. 14-CV-86P

vs. ) Division

) KS.A. Chapter 60

ERIC MUATHE, )

Defendant, )

MOTION TO STRIKE ALL OF PLAINTIFF'S - OUT OF TIME -

SECOND DISCOVERY RESPONSES

COMES NOW, the Defendant, Eric M. Muathe, as himself and Pro-Se who files this

motion alleging and stating as follows - pursuant in part to KS.A 60-212(f)(2), KS.A.

60-237(b)(Z)(C), and 60-Z37(d):

1. On March 17th, 2017 Defendant mailed the following discovery requests to

Plaintiffs attorney: DEFENDANT'S SECOND REQUEST FOR PRODUCTION OF

DOCUMENTS (see Exhibit #1 - MTS), DEFENDANT'S SECOND REQUEST FOR

ADMISSIONS (see Exhibit #2 - MTS), and DEFENDANT'S SECOND

INTERROGATORIES (see Exhibit #3 - MTS).

Page lof3
2. The discovery responses were due by April 19th, 2017 counting from March 20th,

2017 so as to allow for three days for mail delivery.

3. On April 14th, 2017 Plaintiffs attorney sent Defendant an email requesting a 30 day

extension. See Exhibit #4 ~MTS.

4. On April 14th, 2017, the same day, Defendant responded to the email request for a

30 day extension by stating; "Okay, that's fine". See Exhibit #4 ~MTS.

5. Discovery responses were now due by May 19th, 2017.

6. Defendant received Plaintiffs discovery responses on June 15th, 2017 via Fed-Ex

overnight delivery service. See Exhibit #5 - MTS.

7. These discovery responses were out oftime by about 27 days.

8. Defendant requests the court to strike Plaintiff's second responses to Defendant's

second discovery requests for being time barred.

WHEREFORE, Defendant Prays for an order striking Plaintiffs out of time

responses, utilize its authority to dismiss the case under 60~237(b)(2)(C), and 60~

237(d) for failure to respond to interrogatories, or any other just and proper order.

Respectfully submitted,
BY:.GaC.~
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980~7286 < muathedotcom@gmail.com >

Page 2 of3
CERTIFICATE OF SERVICE

I certify that on July 5th, 2017 the foregoing was mailed via first class mail to the
following address:

MATT R. HUBBARD
2345 GRAND BLVD., STE. 2200
KANSAS CITY, MO 64108-2618

Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286
muathedotcom@gmail.com

Page 3 of3
IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

WILMINGTONTRUST N.A., )

PLAINTIFF, ) CASENO. 2014 CV86P

Vs. )

ERICM. MUATHE, )

DEFENDANT. )

DEFENDANT'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS


DIRECTED TO PLAINTIFF WILMINGTON TRUST N.A.

Pursuant to the Kansas Civil Practice Law the Defendant, Eric Muathe hereby
requests that the named Plaintiff, WILMINGTONTRUST,NAto produce the
following documents for inspection and copying at a location within the venue of the
Crawford County District Court, 602 North Locust Street, Pittsburg, Kansas 66762
within thirty (30) days of this request.

Eric Muathe asks to be informed of the date, time and place where the requested
documents can be copied by him or his agent or in the alternative, WILMINGTON
TRUST,NA may furnish a legible} true and correct copy of each requested
documents to Eric Muathe at his mailing address as given below except for the
requested Promissory Note are to be served upon Eric Muathe within thirty (30)
days after service of this request for production of documents.

Page 10f6
INSTRUCTIONS TO REQUEST FOR PRODUCTION OF DOCUMENTS
1. This request for production of documents is directed towards all information known
or available to WILMINGTON TRUST, NA including information contained in the

records and documents in WILMINGTON TRUST, NA's custody or control or


available to WILMINGTON TRUST, NA upon reasonable inquiry. Where requested
documents does not exist please state the documents does not exist

2. Each request for production of documents is to be deemed a continuing one. If after


serving any requested document, an authorized officer of WILMINGTON TRUST, NA
obtains any further documentation pertaining to that request for production,
WILMINGTON TRUST, NA is requested to serve a supplemental answer setting forth
copies of additional documents.

DEFfNITIONS

1. "WILMINGTON TRUST, NA" includes any and all persons acting in concert with
WILMINGTON TRUST, NA.
2. "Document" includes every piece of paper held in WILMINGTON TRUST, NA's
possession or generated by WILMINGTON TRUST, NA.

3. "GSE" means Government Sponsored Entity.


4. "MERS" means Mortgage Electronic Registration System.
5. "Nominal Lender" means and includes the Special Purpose Entity which has been
constituted by the WILMINGTON TRUST, NA

6. "Eric Muathe" includes all nicknames, pseudonyms and / or misnomers in any

paper or documents referencing the Defendant or any liability or obligation


attributable to his, including Eric M. Muathe,

DOCUMENTS REQUESTED
1. On page 48 of92 of the pdf (Pt.2.pdf) you provided on November 11th, 2016 there is

a subsection titled "Additional mortgage account information" and it states (in part)

Page 2 of6
that: "[y]ou are entitled to request the following Information in writing about your

mortgage account: ... The name of the investor who holds the mortgage."

Could you provide me the name of the investor that holds the mortgage.

2. On page 48 of92 ofthe pdf (Pt.2.pdf) you provided on November 11th, 2016 there is

a subsection titled "Additional mortgage account information" and it states (in part)

that: "[y]ou are entitled to request the following information in writing about your

mortgage account: ... The name of the investor who holds the mortgage."

Could you provide me the information regarding WHEN, and WHERE the investor

took possession of the mortgage.

3. On page 48 of92 of the pdf (Pt.2.pdf) you provided on November 11th, 2016 there is

a subsection titled "Additional mortgage account information" and it states (in part)

that: n[y]ou are entitled to request the following information in writing about your

mortgage account: ... The name of the investor who holds the mortgage."

Could you provide me the infonnation regarding WHO assigned the investor the

mortgage.

4. Produce any relevant information regarding whether, or not, Plaintiff is alleging to

be the "holder in due course" as defined in K.S.A 84-3-302(a).

5. Produce any document( s) that show where the subject matter loan agreement gave

the servicer, and/or holder, of the subject matter loan the right to accelerate the

loan more than once?

Page 3 of6
6. Produce the affidavit of publication for this case, in particular, as required by K.S.A.

KS.A. 60-307(a)(5).

7. Produce the affidavit of publication for this case, in particular as required by KS.A.

60-203(a)(1).

8. Produce any document( s) that show this action is not one that requires service by

publication.

9. Produce the non-public/private/undisclosed Pooling and Servicing Agreement - PSA

- that Wells Fargo - the servicer - has indicated under Oath in open court, and on the

record, is controlling in this matter.

10. Produce the name, and identity, of the bankruptcy remote entity the trustee plaintiff

is foreclosing on behave of.

11. Produce documents that show whether, or not, the Plaintiff trustee primarily

overseas the distribution of cash flow to certificate note holders.

12. Produce documents that show that the subject matter trust is still an active, and

ongoing entity.

13. Produce a publicaUy filed, signed, dated, and executed Pooling and Servicing

Agreement, or PSA,in connection to the subject matter mortgage, note, and

property.

14. Produce the Mortgage Loan Schedule that was timely attached to the signed, dated,

and executed Pooling and Servicing Agreement that specifically identifies the

subject matter mortgage, note, and property.

Page 4 of6
15. Produce documents showing the funding of the loan.

16. Produce documents disproving that the source of funding of the loan was - by

agreement -actually from investors of the trust.

17. Produce documents showing that Wells Fargo identified to Defendant the true

source of the loan funding.

18. Produce documentary evidence that shows what tranche the subject matter

mortgage/loan/property is part of, if any.

19. Show documented proof that the Plaintiff trustee was assigned both the underlying

note, and the mortgage, by the cutoff date of any properly executed, and signed

Pooling and Servicing Agreement produced by the Plaintiff.

20. Produce the evidence that any assignments into the trust, or otherwise, were true

sales where true sale obligations, and requirements were meet under securities law.

21. Produce the evidence that any properly executed, and signed, Pooling and Servicing

Agreement produced by the Plaintiff will show that the trustee has the power, or

right, to sue on the note, and mortgage.

22. Produce the evidence that the trust is not being falsely presented as the owner of a

loan that it couldn't possibly own by the terms of the Pooling and Servicing

Agreement (PSA).

23. Produce the certificates the Plaintiff claims to be trustee of.

24. Produce the evidence that positively shows any authority for the holders to collect

or enforce the alleged debt, or to pursue any foreclosure action.

Page 50f6
25. Produce the precise default date Plaintiff is suing upon.

26. Produce the last credit to the subject matter Defendant's account.

Respectfully submitted,
By: Q--tc"" ~
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286 < muathedotcom@gmail.com >

CERTIFICATE OF SERVICE

Icertify that on March 17th, 2017 the foregoing was mailed via first class mail to the
following address:

MATTR HUBBARD
2345 GRANDBLVD.,STE. 2200
KANSAS CITY,MO 64108-2618

Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286
muathedotcom@gmail.com

Page6of6
IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

WILMINGTONTRUST N.A.,

Plaintiff, )

) Case No. 14-CV-86P

vs. ) Division

) K.S.A Chapter 60

ERICMUATHE, )

Defendant, )

DEFENDANT'S SECOND REQUEST FOR ADMISSIONS DIRECTED TO


PLAINTIFF WILMINGTON TRUST N.A.

YOUARE REQUIRED,pursuant to the Kansas Civil Practice Law and Rules by and
through an authorized officer of your Company, to answer completely, in writing
and under oath, the following request of Admission, and to return your answers to
the request for admissions to Eric Muathe at his mailing address indicated below,
within thirty (30) days of the date of service of these request for admissions.

INSTRUCTIONSTO REQUESTFORADMISSIONS

1. These requests for Admissions are directed towards all information known or
available to Plaintiff WILMINGTONTRUST,NA including information contained in
the records and documents in WILMINGTONTRUST,NA's custody or control or
available to WILMINGTONTRUST,NA upon reasonable enquiry. Your answer to

Page 10f8 E~\t\~ ~~-N\\S


each request for admission shall specifically deny the matter, or set forth in detail
the reasons why you cannot truthfully admit or deny the matter. Where request for
admission cannot be answered in full they shall be answered as completely as
possible and incomplete answers shall be accompanied by a specification of the
reasons for the incompleteness of the answer and of whatever actual knowledge is
possessed with respect to each unanswered or incompletely answered request for
admission.

2. Each request for admission is to deemed a continuing one. If after serving an


answer to any request for admission, an authorized officer of WILMINGTONTRUST,
NAobtains any further information pertaining to that request for admission, the
authorized officer for WILMINGTONTRUST,NA is requested to serve a
supplemental answer setting forth such information.

1. As to every request for an admission which an authorized officer for


WILMINGTONTRUST.NA fails to answer in whole or in part, the subject matter of
that admission will be deemed confessed and stipulated as fact to the court*.

* The same holds true if any competent fact witness is not named to corroborate
compliance with discovery.

DEFINITIONS
1. "You" and "your" includes WILMINGTONTRUST,NAany and all persons
acting in concert with WILMINGTONTRUST,NA.

2. "Document" includes every piece of paper held in WILMINGTONTRUST,


NA's possession or generated by WILMINGTONTRUST,NA.

3. "Nominal Lender" means and includes the Special Purpose Entity which has
been constituted by the WILMINGTONTRUST,NA.

Page 2 of8
4. "Eric Muathe" includes all nick names, pseudonyms and / or misnomers in
any paper or documents referencing the Defendant or any liability or obligation
attributable to his, including Eric M. Muathe.

ADMISSIONSREQUESTED
1. Admit, or deny, that WILMINGTONTRUST,NAcan identify, or knows, the name of
the investor that holds the subject matter mortgage.
Admitted, _
Denied _

2. Admit, or deny, that WILMINGTONTRUST,NA can identify, or knows, WHEN, and


WHERE the investor took possession of the subject matter mortgage.
Admitted~ _
Denied _

3. Admit, or deny, that WILMINGTONTRUST,NA can identify/knows WHO assigned


the investor the subject matter mortgage.
Admitted, _
Denied _

4. Admit, or deny, that WILMINGTONTRUST,NA is alleging to be "holder in due


course" of the subject matter note/mortgage as defined in K.S.A. 84-3-302(a).
Admitted _
Denied _

5. Admit, or deny, that the subject matter loan agreement gave the servicer, and/or
holder, of the subject matter loan the right to accelerate the loan more than once.
Admitted _
Denied _

Page 3 of B
6. Admit, or deny, that summons for this case did not follow the service by publication
requirements, and in particular, the requirement of K.SA 60-307(a)(5).
Admitted, _
Denied. _

7. Admit, or deny, that summons for this case did not follow the service by publication
requirements, in particular the requirement of KSA 60-203(a)(1).
Admitted _
Denied. _

8. Admit, or deny, that this action required service by publication within the first 90
days of filing the lawsuit.
Admitted _
Denied, _

9. Admit, or deny, that Wells Fargo - the servicer - has indicated under Oath in open
court, and on the record, that another non-public/private/undisclosed Pooling and
Servicing Agreement - PSA - is controlling in this matter.
Admitted _
Denied _

10. Admit, or deny, that the trustee Plaintiff is foreclosing on behave of a bankruptcy
remote entity.
Admitted. _
Denied, _

11. Admit, or deny, that the subject matter trust primarily oversees the distribution of
cash flow to certificate note holders.
Admitted, _
Denied. _

Page 4 ofB
12. Admit, or deny, that the subject matter trust is still an active, and ongoing entity.
Admitted, _
Denied, _

13.Admit, or deny, that the Plaintiff cannot produce a publically filed, signed, dated, and
executed Pooling and Servicing Agreement, or PSA,in connection to the subject
matter mortgage, note, and property.
Admitted. _
Denied _

14. Admit, or deny, that the Plaintiff is unable to produce the Mortgage Loan Schedule
that was timely attached to the signed, dated, and executed Pooling and Servicing
Agreement that specifically identifies the subject matter mortgage, note, and
property.
Admitted _
Denied _

15. Admit, or deny, that the Plaintiff is unable prove the funding of the loan.
Admitted _
Deniedj, _

16. Admit, or deny, that any Pooling and Servicing Agreement that the Plaintiff will
produce will show that the source of the funding of the loan was - by agreement -
actually from investors of the trust.
Admitted. _
Denied, _

17. Admit, or deny, that Wells Fargo knowingly misrepresented to Defendant the true
source of the funding of the loan.
Admitted, _
Denied _

Page 5 of8
18. Admit, or deny, that any properly executed Pooling and Servicing Agreement

produced by Plaintiff will indicate what tranche the subject matter

mortgage/loan/property is part of.


Admitted, _
Denied _

19. Admit, or deny, that Plaintiff trustee was assigned both the underlying note, and the
mortgage, by the cutoff date of any properly executed, and signed, Pooling and

Servicing Agreement produced by the Plaintiff.


Admitted _
Denied, _

20. Admit, or deny, that any assignments into the trust, or otherwise, were true sales

where true sale obligations, and requirements were meet under securities law.
Admitted _
Denied, _

21. Admit, or deny, that any properly executed, and signed, Pooling and Servicing
Agreement produced by the PlaintiffwilI show that the trustee doesn't have the
power, or right, to sue on the note, and mortgage.
Admitted _
Denied, _

22. Admit, or deny, that the trust is being falsely presented as the owner of a loan that it
couldn't possibly own by the terms of the Pooling and Servicing Agreement (PSA).
Admitted. _
Denied, _

23. Admit, or deny, that the Plaintiffis able to produce the certificates it claims to be
trustee of. State Yes, or No. If yes, then produce the evidence ofthis.
Admitted, _

Page 60f8
Denied. _

24. Admit, or deny, that the Plaintiff is able to produce the certificates that positively
shows any authority for the holders to collect or enforce the alleged debt, or to
pursue this foreclosure action. State Yes}or No. If yes, then produce the evidence of
this.
Admitted _
Denied _

25. Admit} or deny, that the Plaintiff knows the precise default date it is suing upon.
Admitted _
Denied _

26. Admit} or deny, that the Plaintiff knows the last credit to the subject matter
Defendant's account.
Admitted _
Denied _

27. Admit, or deny, that this action abides by Kansas Supreme Court Rule 226 - Kansas
Rules of Professional Conduct - as regards Meritorious Claims and Contentions.
Admitted _
Denied. _

Respectfully submitted}
By: £ttc...- ~
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286 < muathedotcom@gmail.com >

Page 7 of8
CERTIFICATE OF SERVICE

I certify that on March 17th, 2017 the foregoing was mailed via first class mail to the
following address:

MATTR. HUBBARD
2345 GRANDBLVD.,STE. 2200
KANSASCITY,MO 64108-2618

Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286
muathedotcom@gmail.com

Page 8 of8
IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

WILMINGTONTRUST N.A.,

Plaintiff, )

) Case No. 14-CV-86P

vs. ) Division

) K.S.A.Chapter 60

ERIC MUATHE, )

Defendant, )

DEFENDANT'S SECOND INTERROGATORIES DIRECTED TO PLAINTIFF


WILMINGTON TRUST N.A.

YOUARE REQUIRED,pursuant to the Kansas Civil Practice Law by and through an


authorized officer of the your Company, to answer completely in writing, and under
oath the following Interrogatories, and to return your answers to these
Interrogatories to Eric Muathe at his mailing address indicated below, within thirty
(30) days of the date of service of these Interrogatories.

INSTRUCTIONSTO THESE INTERROGATORIES

1. These interrogatories are directed towards all information known or


available to the Plaintiff, WILMINGTONTRUST,NA Bank including information
contained in the records and the documents in WILMINGTONTRUST,NA Banks
custody or control or available to WILMINGTONTRUST,NA Bank upon reasonable

Page 1of7 E~ *\~\f-;\\:


" - rvrrS
enquiry. Where interrogatories cannot be answered in full, they shall be answered

as completely as possible and incomplete answers shall be accompanied by a

specification of the reasons for the incompleteness of the answer and of whatever

actual knowledge is possessed with respect to each unanswered or incompletely


answered interrogatory. If sufficient space for your answer is not provided herein,
you may attach additional papers with your answers and refer to your attached
answers in the space provided herein.

2. Each interrogatory is to be deemed a continuing one. If, after serving an


answer to any interrogatory, an authorized officer for WILMINGTON TRUST, NA
Bank obtains any further information pertaining to that interrogatory, the
authorized officer of WILMINGTON TRUST, NAis requested to·serve a supplemental
answer setting forth such information.

DEFINITIONS
1. "WILMINGTON TRUST, NAil includes any and all persons acting in concert
with WILMINGTON TRUST, NA.

2. "Document" includes every piece of paper held in WILMINGTON TRUST,


NA's possession or generated by WILMINGTON TRUST, NA.

3. "GSE" means Government Sponsored Entity.


4. tiMERS" means Mortgage Electronic Registration System.
S. "Nominal Lender" means and includes the Special Purpose Entity which has
been constituted by the WILMINGTON TRUST, NA.
6. "Eric Muathe" includes all nick names, pseudonyms and / or misnomers in
any paper or documents referencing the Defendant or any liability or obligation
attributable to his, including Eric M. Muathe.

INTERROGATORIES

1. State the name of the investor that holds the mortgage.

Page 2 of7
2. Provide the information regarding WHEN, and WHERE the investor took
possession of the mortgage.

3. Provide the information regarding WHO assigned the investor the subject
matter mortgage.

4. Provide the documents that show that WILMINGTONTRUST,NA is the


"holder in due course" of the subject matter note/mortgage as defined in KSA 84-

3-302(a).

5. Provide the documents that show that subject matter loan agreement gave
the servicer, and/or holder, of the subject matter loan the right to accelerate the
loan more than once.

6. State how service on "Unknown" defendants was done, in particular, as


required by KSA 60-307(a)(S).

7. State when service by publication commenced, and when it ended.

8. State why service by publication was not commenced within the first 90 days
of filing the lawsuit.

9. State the name of the Pooling and Servicing Agreement - PSA - that Wells
Fargo - the servicer - has indicated under Oath in open court, and on the record is
controlling in this matter.

10. State the name, and identity, of the bankruptcy remote entity the trustee
plaintiff is foreclosing on behave of.

Page 3 of7
11. State whether, or not, the Plaintiff trustee primarily overseas the distribution
of cash flow to certificate note holders.

12. State whether, or not, the subject matter trust is still an active, and ongoing
entity.

13. State whether, or not, the Plaintiff can produce a publically filed, signed,
dated, and executed Pooling and Servicing Agreement, or PSA,in connection to the
subject matter mortgage, note, and property.

14. State whether, or not, the Plaintiff is able to produce the Mortgage Loan
Schedule that was timely attached to the signed, dated, and executed Pooling and
Servicing Agreement that specifically identifies the subject matter mortgage, note,
and property.

15. State whether, or not, Wells Fargo was the actual source of the loan funding?
State Yes or No.

16. State whether, or not, any Pooling and Servicing Agreement that the Plaintiff
will produce will show that the source of the funding of the loan was - by agreement
- actually from investors of the trust

17. Did Wells Fargo ever identify to Defendant the true source of the loan
funding. State Yes, or No. If yes, then produce the evidence of this.

18. What tranche is the subject matter mortgage/loan/property part of, if any?

19. Was the Plaintiff trustee assigned both the underlying note, and the
mortgage, by the cutoff date of any properly executed, and signed Pooling and
Servicing Agreement produced by Plaintiff? State Yes, or No. If yes, then produce the
cutoff date, and evidence of the unbroken chain of title tranfers, for value, as per any
Page 4 of7
properly executed, and signed Pooling and Servicing Agreement produced by the

Plaintiff.

20. State whether, or not, any assignments into the trust, or otherwise, were true
sales where true sale obligations, and requirements were meet under securities law.
State Yes, or No. If yes, then produce the evidence of this.

21. State whether, or not, any properly executed, and signed, Pooling and
Servicing Agreement produced by the Plaintiff will show that the trustee has the
power, or right, to sue on the note, and mortgage. State Yes, or No. If yes, then
produce the evidence of this.

22. State whether, or not, the trust is being falsely presented as the owner of a
loan that it couldn't possibly own by the terms of the Pooling and Servicing
Agreement (PSA). If no, then produce the evidence of this.

23. State whether, or not, the Plaintiff is able to produce the certificates it claims
to be trustee of. State Yes, or No. If yes, then produce the evidence of this.

24. State whether, or not, the Plaintiff is able to the evidence that positively
shows any authority for the holders to collect or enforce the alleged debt, or to
pursue any foreclosure action. State Yes, or No. If yes, then produce the evidence of
this.

25. State whether, or not, the Plaintiff is able to produce the precise default date
it is suing upon. State Yes, or No. If yes, then produce the evidence of this.

26. State whether, or not, the Plaintiff is able to produce the last credit to the
subject matter Defendant's account. State Yes, or No. If yes, then produce the
evidence of this.

Page 5 of7
27. State whether, or not, this action abides by Kansas Supreme Court Rule 226 -
Kansas Rules of Professional Conduct - as regards Meritorious Claims and
Contentions. State Yes, or No.

Executed this day of -', 2016.

Name and title of the authorized officer or the agent


WILMINGTONTRUST,NA

State of: _
County of: _

Before me the undersigned, a Notary Public in and for the said County and State on
this day of , 2016, personally appeared, who is ( )
personally known to me or ( ) proven by proper identification, to be the person
who executed the within and foregoing instrument.
TypeofID: _

Signature _

Notary Public (seal)

Page 6 of7
Respectfully submitted,
By: -bO C- NvJ~
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286 < muathedotcom@gmail.com >

CERTIFICATE OF SERVICE

I certify that on March 17th, 2017 the foregoing was mailed via first class mail to the
following address:

MATT R HUBBARD
2345 GRANDBLVD.,STE. 2200
KANSAS CITY,MO 64108-2618

Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas, 66762
(913) 980-7286
muathedotcom@gmaiLcom

Page 70f7
Gmail - new discovery
7/5/2017

Eric Muathe <muathedotcom@gmail.com>

new discovery
2 messages
Fri, Apr 14,2017 at 10:33 AM
Hubbard, Matthew (LG) <MHubbard@lathropgage.com> .
To: "Eric Muathe (muathedotcom@gmaiLcom)" <muathedotcom@gmall.com>

Good morning Eric:

We will need a bit more time to respond to the new discovery that you sent. Please let me know if you are fine with a
30 day extension.

Have a good weekend,

Thanks,

Matt

Lathrop & Gage, LLP

Partner
2345 Grand Blvd. f Suite 2200 I Kansas City, MO I 64108-2618
P: 816.460.5528 I F: 816.292.20011 MHUBBARD@LATHROPGAGE.COM

Los Angeles • Denver • Boulder . Chicago • Overland Park . Kansas City . Springfield . Jefferson City . St. Louis .
Boston

This e-mail (including any attachments) may contain material that (1) is confidential and for the sole use of the intended
recipient, and (2) may be protected by the attorney-client privilege, attorney work product doctrine or other legal rules.
Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not
the intended recipient, please contact the sender and delete all copies.
7/5/2017 Gmail - new discovery
Eric Muathe <muathedotcom@gmail.com> Fri, Apr 14, 2017 at 11:27 PM
To: "Hubbard, Matthew (LG)" <MHubbard@lathropgage.com>

Okay, that's fine.


{Quoted text hidden]

"And therefore our contemplation of this source, as the power which we want, gives us the ability to use that power. And
the way we use this process is to contemplate ourselves as surrounded by the conditions which we want to produce. 1/ -

Thomas Troward.

Namaste,
Eric Muathe
CEO I Founder
Encare Financial Inc.
http://www.muathe.com
7/5/2017 Gmail- Wilmington Trust v. Muathe (Fed Exing Discovery Responses)

Grnail Eric Muathe <muathedotcom@gmail.com>

Wilmington Trust v. Muathe (Fed Exing Discovery Responses)


1 message

Hubbard, Matthew (LG) <mhubbard@lathropgage.com> Wed, Jun 14,2017 at 10:40 AM


To: "Eric Muathe (muathedotcom@gmail.com)" <muathedotcom@gmail.com>

Hi Eric:

We are fed-exing to you our discovery responses and our client's verification page to your address at:

Mr. Eric Muathe,

1410 Bitner Terrace

Pittsburg, Kansas 66762

Please contact me to discuss any questions you may have.

Thanks,

Matt

Matt Hubbard
Partner

LATHROP
GAGE
2345 Grand Blvd., Suite 2200
Kansas City. MO 64108-2618
Direct: 816.460.5528
mhutlbard@!athropgage.com
lathropg3ge.com

This e-rnait (including any attachments) may contain material that (1) is confidential and for the sole use of the intended recipient, and (2} may
be protected by the attorney-client privilege, attorney work product doctrine or other legal rules. Any review, reliance or distribution by others or
forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all
copies.