Discovery Package Standing

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION
THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

OF THE CERTIFICATEHOLDERS, CWABS, INC, ASSETBACKED
CERTIFICATES, SERIES 2007-10,
CASE NO.:
PLAINTIFF(S),
v.
, ET AL.,
DEFENDANT(S).
_________________________________________/
NOTICE OF SERVICE OF DEFENDANT’S FIRST SET OF

INTERROGATORIES TO PLAINTIFF
COMES NOW, the Defendant, (hereinafter “Defendant”), by and through undersigned

counsel MATTHEW D. WEIDNER and pursuant to Rule 1.340, Fla. R. Civ. Pro., and hereby
submits this FIRST SET OF INTERROGATORIES TO PLAINTIFF, which are attached to this
NOTICE OF SERVICE OF DEFENDANT’S FIRST SET OF INTERROGATORIES TO
PLAINTIFF and which shall be answered, in writing and under oath, within thirty (30) days
from the date of service.
Matthew D. Weidner, P.A.

Attorney for Defendant
1229 Central Avenue
St. Petersburg, FL 33705
(727) 894-3159
FBN: 067952
service@mattweidnerlaw.com
CIVIL DIVISION

CASE NO.:
PLAINTIFF(S),
v.
, ET AL.,
DEFENDANT(S).
_________________________________________/
DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF
COMES NOW the Defendant (hereinafter “Defendant”) by and through undersigned
counsel MATTHEW D. WEIDNER and propounds the attached Interrogatories to Plaintiff,
pursuant to Rule 1.340, Florida Rules of Civil Procedure, and requires the Plaintiff to answer,
separately and fully, in writing and under oath, within thirty (30) days after service hereof, the
attached Interrogatories.
DEFINITIONS
A. The term “documents” means all writings of any kind, including the originals and all
nonidentical copies, whether different from the originals by reason of any notation made
on such copies or otherwise, including but not limited to correspondence, memoranda,
notes, diaries, desk or other calendars, statistics, letters, telegrams, minutes, business
records, personal records, account statements, bank statements, contracts, reports, studies,
checks, receipts, invoices, bills, returns, charts, summaries, pamphlets, books, interoffice
and intraoffice communications, notations of any sort of conversations, written
agreements, bulletins, printed matter, computer printouts, teletypes, telefax, worksheets,
all drafts, alterations, modifications, changes and amendments of any of the foregoing
graphic or oral records or representations of any kind (including, without limitation,
tapes, cassettes, discs, recordings and computer memories).
B. The term “promissory note(s)” or the word “note(s)” means the promissory note(s)
described in the Complaint.
C. The term “mortgage(s)” means the mortgage(s) described in the Complaint.
D. The term “mortgage loans” means loans made or indebtedness owed to Plaintiff or its
predecessors in connection with secured transactions on real property.
E. The term “Plaintiff” refers to The Bank of New York, as Trustee for the Benefit of the
Certificateholders, CWABS, Inc., Assetbacked Certificates, Series 2007-10.
F. The term “Defendants” refers to the Suzanette Tidwell and Harold Alan Tidwell
G. When Defendant(s) use a term, it shall be construed to have the same meaning as used in
Plaintiff’s Complaint and supporting attachments, unless explicitly noted otherwise.
INSTRUCTIONS
After carefully reviewing all materials pertinent to the Plaintiff’s complaint against
Defendant in the above styled case, please answer the following questions. Please answer in the
space provided or, if more space is required (indicate this within the space provided below)
continue to answer on a separate sheet of paper making sure that the interrogatory number is
clearly indicated on the top left hand corner of the additional page. If additional sheets of paper
are required please attach to these answers securely and place the additional pages at the end of
the responses in order. If you are unsure of a name or street address, you should provide such
information that would reasonably lead to that person’s whereabouts.
INTERROGATORIES
1. What is the name and address, job title, employer, business address and phone number of
the person answering these interrogatories and explain in detail the relationship of the
person answering these interrogatories to the Plaintiff in this case.
2. Please state all details known by Plaintiff, to support the allegation in paragraph 4 of the
Complaint that the legal description was a “resulted from a mutual mistake” and was
“contrary to the clear intentions of the parties.”
3. Please state all details known by Plaintiff regarding the indorsement, placed on the
original Note in question. Include the date said indorsement was placed on the Note, who
authorized the indorser to place the indorsement on the note, what authority the indorser
had to make the indorsement, and whether any subsequent indorsements were placed on
the note.
4. Please state all details known by Plaintiff regarding how it first received possession of the
note. Include when Plaintiff received the note, who delivered the note to plaintiff, who
received the note, whether Plaintiff only received certain rights in the note, if so, what
rights, the location the note was stored prior to this action, etc.
5. Please state all details regarding the custodian of the note in question. Include, when the
custodian was in possession of the note, on whose behalf the custodian was in possession
of the note, who deposited the note with the custodian, etc.
6. How did Plaintiff first receive the original Note in question? Was it endorsed when
Plaintiff received the document? Where did this happen, when did it happen, who
received the Note (name of the employee who received it), was any consideration paid
for the Note, is there any evidence of that consideration, and are the any contracts which
memorialize this transfer? Include specific details, not generalities such as “Plaintiff is
the holder and entitled to enforce.”
7. Please provide all details that Plaintiff knows regarding the owner of the note and
mortgage. State the name of the entity who owns the note and mortgage, how it
authorized the servicer to bring this action, how long has it owned the note and mortgage
for, is it the equitable or legal holder of the note and mortgage, etc.
8. Please explain and describe for the subject mortgage loan: the relationships among parties
(including the Plaintiff, any servicer, any owner, all trustees past and present, any
investor, any custodian, any depository, any special purpose vehicle or special purpose
entity); the structure of the securities offered (including the flow of funds or any
subordination features); and any other material features of any transaction concerning the
sale, transfer or assignment of the mortgage loan at any time between the making of same
and the Plaintiff’s filing of the action at issue herein.
9. Please state for the history of the mortgage loan on whose behalf mortgage payments
were collected, specifying the applicable dates collection was made for each such person
or entity and specifying the name, current address, current phone number, current
employer, and employer at the time, and the current address of any and all employers, of
each such person or entity.
10. Please explain whether Plaintiff or its predecessors in interest has, since the inception of
the loan, sent any notices to Defendant pursuant to paragraph 22 of the mortgage. If the
answer to this question is yes, please provide the exact date said notices were prepared,
the name of the person who prepared such notices, the person or entities to which the
notices were sent to, and a brief summarization of the content of said notices.
11. If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is
associated with said trust, please specifically identify any relevant mortgage loan
schedule which should include the Mortgagor’s name, loan identification number, the
property address, etc.
12. Describe and identify the computer system(s) which hold, process, creates documents,
prepares data, maintain, analysis, and otherwise contain the documents, information, data
compilations, codes, and records of Defendant’s purported mortgage, note, payment
history, indebtedness, lender placed insurance, hazard insurance, late charges, appraisal,
property inspections, brokers price opinions, title charges, title updates, etc. When
identifying a system, please include the name of the system, the date of the system was
created, who maintains the system, who developed the system, what tasks the system
performs, who has access to the system, how often the system is audited for accuracy,
how information is boarded or input into the system, who boards the information into the
system, and where the server to the system is located.
13. Please describe any and all bailee letters or other documents or data compilations which
show who owned, held, serviced, or otherwise had any rights to enforce the note or
mortgage at issue in this action.
14. Please specifically describe how the servicer has been authorized to act on behalf of the
holder of the note. When was this authorization given, what documents memorialize this
authorization, what is the extent of the servicer’s authorization to act on behalf of the
holder.
15. Please list all entities who currently service or have serviced this loan on behalf of
Plaintiff. For each entity, please specify the name of the entity, the address of the entity,
the period of time for which the entity service the loan, and what obligations, duties, and
authority each entity had to act on behalf of the Plaintiff.
By: _____________________________________
Title: ___________________________________
Print Name: _____________________________
STATE OF _______________________
COUNTY OF _____________________
The foregoing instrument was sworn and acknowledged before me by

_______________________________________who is personally known to me or
produced_____________________ as identification on this __________ day of _________________,
2013.
__________________________________________
NOTARY PUBLIC, State of _________________
Print Name:_______________________________
My commission expires:_____________________
CIVIL DIVISION

CASE NO.:
PLAINTIFF(S),
v.
, ET AL.,
DEFENDANT(S).
_________________________________________/
NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR ADMISSIONS TO

PLAINTIFF
COMES NOW, the Defendant (hereinafter “Defendant”), by and through undersigned

submits this FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF, which are attached to this
NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR ADMISSIONS TO
PLAINTIFF and which shall be answered, in writing, within thirty (30) days from the date of
service.
CERTIFICATE OF SERVICE
By:__________________________

1229 Central Avenue
(727) 894-3159
FBN: 067952
CIVIL DIVISION

CASE NO.:
PLAINTIFF(S),
v.
DEFENDANT(S).
_________________________________________/
DEFENDANT’S FIRST REQUEST FOR ADMISSIONS
counsel MATTHEW D. WEIDNER and propounds the attached First Request for Admissions to
Plaintiff, pursuant to Rule 1.370, Florida Rules of Civil Procedure:
INSTRUCTIONS
After carefully reviewing all materials pertinent to the Plaintiff’s complaint against
Defendant in the above styled case, please admit the following statements below. Each matter of
which an admission is requested shall be separately set forth. The matter is admitted unless you
serve upon the Defendant a written answer or objection addressed to the matter within 30 days
after service of this request. If an objection is made, the reasons shall be stated. The answer shall
specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or
deny the matter. A denial shall fairly meet the substance of the requested admission, and when
good faith requires that you qualify an answer or deny only a part of the matter of which an
admission is requested, you shall specify so much of it as is true and qualify or deny the
remainder. You may not give lack of information or knowledge as a reason for failure to admit or
deny unless you state that you have made a reasonable inquiry and that the information known or
readily obtainable by you is insufficient to enable that party to admit or deny. You may not
object to a request solely because you consider that a matter of which an admission has been
requested presents a genuine issue for trial. All references to “you” and “your” below refer to the
PLAINTIFF listed in the Caption of the Complaint in this action. The phrase “Promissory Note”
or the word “Note” shall refer to the Promissory note described in the Complaint and the word
Mortgage shall refer to the mortgage described in the Complaint and upon which PLAINTIFF is
seeking to foreclose. Unless stated otherwise, Defendant will utilize the same definitions and
terminology as used in Plaintiff’s Complaint. Defendant will refer to note and line of credit
agreement interchangeably unless specified otherwise.
DEFINITIONS
B. The term “promissory note(s)” or the word “note(s)” means the promissory note(s)
described in the Complaint.
C. The term “mortgage(s)” means the mortgage(s) described in the Complaint.
D. The term “mortgage loans” means loans made or indebtedness owed to Plaintiff or its
predecessors in connection with secured transactions on real property.
E. The term “Plaintiff” refers to The Bank of New York, as Trustee for the Benefit of the
Certificateholders, CWABS, Inc., Assetbacked Certificates, Series 2007-10.
F. The term “Defendants” refers to the Suzanette Tidwell and Harold Alan Tidwell
G. When Defendant(s) use a term, it shall be construed to have the same meaning as used in
Plaintiff’s Complaint and supporting attachments, unless explicitly noted otherwise.
ADMISSIONS
1. Admit that Plaintiff was not in possession of the original promissory note at the time this
lawsuit was filed.
2. Admit that no party, at least 30 days prior to the filing of this lawsuit, gave Defendants
notice that the Note was assigned to Plaintiff.
3. Admit that the Copy of the Note attached to the Complaint was an accurate photocopy of
the original Note as of the date that the Complaint was filed.
4. Admit that Plaintiff is not the holder of the Note.
5. Admit that Plaintiff didn’t send Defendant notice pursuant to section 22 of the Mortgage.
6. Admit that no document exists that shows Plaintiff received the original note on or before
August 11, 2008.

7. Admit that no document exists that shows Plaintiff held the original note on or before
August 11, 2008.
8. Admit that no document exists that shows Plaintiff was in possession of the original note
on or before August 11, 2008.
9. Admit that Plaintiff is not the nonholder in possession of the note who has the rights of a
holder.
10. Admit that Mortgage Electronic Registration Systems, Inc. (“MERS”) is not a party to
the Note.
11. Admit that these admissions are being answered by Plaintiff’s servicer.
12. Admit that the note is an obligation of a consumer to pay money arising out of a
transaction in which the money or property which are the subject of the transaction are
primarily for personal, family or household purposes.
13. Admit that Kimberly Dawson is an employee or agent of Bank of America, or its
subsidiaries.
14. Admit that Kimberly Dawson is not authorized to sign documents as an employee or
agent for Mortgage Electronic Registration Systems Incorporated as nominee for
Primelending, a Planscapital Company.
15. Admit that Countrywide created the Assignment of Mortgage from MERS to Bank of
New York.
16. Admit that the Assignment of Mortgage from MERS to Bank of New York was created
for the purposes of litigation.

CIVIL DIVISION

CASE NO.:
PLAINTIFF(S),
v.
DEFENDANT(S).
_________________________________________/
NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF

DOCUMENTS TO PLAINTIFF
COMES NOW, the Defendant (hereinafter “Defendant”), by and through undersigned

submits this FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF,
which are attached to this NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF and which said documents shall be
produced within thirty (30) days from the date of service.
CERTIFICATE OF SERVICE
By:__________________________
Jason M. Kral, Esq
1229 Central Avenue
(727) 894-3159
FBN: 067952
CIVIL DIVISION

CASE NO.:
PLAINTIFF(S),
v.
, ET AL.,
DEFENDANT(S).
_________________________________________/
DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
counsel MATTHEW D. WEIDNER and requests the following documents for inspection and
copying at the office of Matthew D. Weidner, Esq., within thirty (30) days of this request
pursuant to Rule 1.350, Florida Rules of Civil Procedure. In the alternative, Plaintiff may
provide defendant with legible copies of the requested information.
DEFINITIONS
B. The term “promissory note” or the word “note” means the promissory note described in
the Complaint.
C. The term “mortgage” means the mortgage described in the Complaint.
D. Unless stated otherwise, Defendant will utilize the same definitions and terminology as
used in Plaintiff’s Complaint.
INSTRUCTIONS
If your response to any request herein is that the documents are not in your possession or
custody, please describe in detail the unsuccessful efforts you made to locate the records. If your
response to any request herein is that the documents are not in your control, please identify who
has control and the location of the records. If a request herein for production seeks a specific
document or an itemized category which is not in your possession, control or custody, please
provide any documents you have that contain all or part of the information contained in the
requested document or category. If your response to any request herein is that the documents are
considered privileged, please submit any itemized privilege log; the failure to attach such a log
will be considered waiver of the privilege. If your response to any request herein is that the
documents are overly broad or unnecessarily burdensome, please qualify your answer in some
quantitive fashion such as the volume of the documents or the number of man-hours required for
production. If your response to any request herein is that the documents are not relevant or
would not lead to the discovery of admissible evidence, please explain why you so claim. Please
identify the source of each of the documents you produce.
REQUEST FOR PRODUCTION
1. All documents which are related to the subject loan transaction including but not limited
to Note, modification of mortgage, judgment notes, security agreements, mortgages,
assignments, allonges, insurance agreements, servicing agreements, pooling and servicing
agreements and any and all other documents that relate or reference in any way the loan,
or Plaintiff’s ability to service the loan, which is the subject of this instant litigation.
2. All documents which show the exact date that Plaintiff came into possession of the
Note(s) in question.
3. All documents which show that Plaintiff held, received, or was in possession of the
original note prior on or before August 11, 2008.
4. All agreements, contracts, or other documents which support the responses Plaintiff made
to Defendant’s First Set of Interrogatories to the Plaintiff.
5. All agreements, contracts, or other documents which support the responses Plaintiff made
to Defendant’s First Set of Admissions to the Plaintiff.
6. If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is
associated with said trust, please produce any relevant mortgage loan schedule which
should include the Mortgagor’s name, loan identification number, the property address,
etc. Please also produce any exceptions schedule which shows what mortgages were not
transferred into the trust.
7. Any corporate resolution, power of attorney, contract, or document which shows that all
parties which are able to act as servicing agent or otherwise authorized to act on behalf of
Plaintiff with regard to the note or mortgage attached to the complaint.
8. All correspondence generated by any party concerning the loan transaction, mortgage or
note in question, and instant foreclosure, from the May 1, 2007 until the date of
responding to this request.
9. All telephone log sheets, computer printouts and any other internal memoranda or notes
concerning this account.
10. All executed or unexecuted, recordable or non recordable assignments associated in any
way with the subject loan including, but not limited to, assignments, transfers, allonges or
any other document that purports to transfer the interest in the subject note and mortgage
to any party from the date of its inception until the date of answering these requests for
production.
11. All contracts between the Plaintiff and any person or entity responsible for servicing the
mortgage and/or note.
12. All contracts, agreements and any other documents which show how and when the note
and mortgage that are at dispute in this transaction came into possession of the Plaintiff.
13. All notices sent to Defendant pursuant to the Mortgage.
15. All documents which show the (1) name of the computer system that holds, processes,
creates documents, prepares data, maintain, analysis, and otherwise contain the
documents, information, data compilations, codes, and records of Defendant’s purported
mortgage, note, payment history, indebtedness, lender placed insurance, hazard
insurance, late charges, appraisal, property inspections, brokers price opinions, title
charges, title updates, etc., (2) the date of the system was created, (3) who maintains the
system, (4) who developed the system, (5) what tasks the system performs, (6) who has
access to the system, (7) how often the system is audited for accuracy, (8) how
information is boarded or input into the system, (9) who boards the information into the
system, and (10) where the server to the system is located.
16. Any and all bailee letters or other documents or data compilations which show who
owned, held, serviced, or otherwise had any rights to enforce the note or mortgage
attached to Plaintiff’s complaint.
17. All documents that borrower sent to lender, or its successors and assigns, that designates
a substitute address by which notices should be sent under the mortgage.
18. All assignments of mortgage upon which Plaintiff relies on.

19. All documents that Plaintiff intends to rely on at trial.
20. A copy of the mortgage loan schedule which reference the instant note or mortgage.
21. A copy of all Requests for Release of Documents which reference the instant note or
mortgage.
22. All written notices to either Defendant or Defendants which notify them of the
assignment of the note at issue to another entity.
23. All communications regarding or relating to the creation of the Assignment of Mortgage.
24. All communications between Countrywide Bank, F.S.B. or Bank of America, N.A. and
Florida Default Law Group, P.L. or Ron R. Wolfe & Associates, P.L. concerning the
instant file.

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

NOTICE OF SERVICE OF DEFENDANT’S FIRST SET OF

COMES NOW, the Defendant, (hereinafter “Defendant”), by and through undersigned

Matthew D. Weidner, P.A.

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

COMES NOW the Defendant (hereinafter “Defendant”) by and through undersigned

counsel MATTHEW D. WEIDNER and propounds the attached Interrogatories to Plaintiff,

The foregoing instrument was sworn and acknowledged before me by

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR ADMISSIONS TO

COMES NOW, the Defendant (hereinafter “Defendant”), by and through undersigned

Matthew D. Weidner, P.A.

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

DEFENDANT’S FIRST REQUEST FOR ADMISSIONS

COMES NOW the Defendant (hereinafter “Defendant”) by and through undersigned

Plaintiff, pursuant to Rule 1.370, Florida Rules of Civil Procedure:

lawsuit was filed.

notice that the Note was assigned to Plaintiff.

4. Admit that Plaintiff is not the holder of the Note.

August 11, 2008.

August 11, 2008.

on or before August 11, 2008.

primarily for personal, family or household purposes.

agent for Mortgage Electronic Registration Systems Incorporated as nominee for

Primelending, a Planscapital Company.

for the purposes of litigation.

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF

COMES NOW, the Defendant (hereinafter “Defendant”), by and through undersigned

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT

DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

COMES NOW the Defendant (hereinafter “Defendant”) by and through undersigned

provide defendant with legible copies of the requested information.

REQUEST FOR PRODUCTION

13. All notices sent to Defendant pursuant to the Mortgage.

18. All assignments of mortgage upon which Plaintiff relies on.

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