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Deutsche Bank National Trust Company as Trustee for Morgan Stanley ABS Capital I Inc., MSAC 2007-NC4, Plaintiff, vs. John J. Fastiggi and Kristy K. Fastiggi, His Wife; State of Florida Department of Revenue; Unbeknownst Parties in Possession #2; If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants, Defendant(s). _____________________________________________/
Case #2008-CA-052491 Division #: O
DEFENDANT KRISTY FASTIGGI’S FIRST SET OF INTERROGATORIES TO PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL 1, INC., MSAC 2007-NC4 Defendant Kristy Fastiggi (“Defendant”), by and through its undersigned attorneys, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds these Interrogatories to Plaintiff, Deutsche Bank National Trust Company as Trustee for Morgan Stanley ABS Capital I Inc., MSAC 2007-NC4, ("Plaintiff"), to be answered in writing, under oath, and within thirty (30) days from the date of service hereunder. If any of the following Interrogatories cannot be answered in full after exercising due diligence to secure the information, please so state and answer to the extent possible, specifying your inability to answer the remainder, and state whatever information you have concerning the unanswered portions. If your answer is qualified, state the qualifications.
Defendants First Set of Mortgage Interrogatories
INSTRUCTIONS FOR USE A. All information is to be divulged which is in the possession of Plaintiff, its attorneys, investigators, agents, employees or other representatives. B. Where an individual Interrogatory calls for an answer which involves more than one part, each part of the answer should be clearly set out so that it is understandable. C. A space has been provided on the form of interrogatories for your answer. In the event this space provided is not sufficient for your answer to any of the questions, please attach a separate sheet of paper with the additional information. D. Each interrogatory shall be answered separately and fully in writing, unless it is objected to, in which event, the reasons for the objections shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections signed by the attorney making them. DEFINITIONS A. As used herein, "you" or "your" means Plaintiff, its agents, representatives and all other persons acting on behalf of Plaintiff. B. As used herein, the term "document" or "documents" include, but are not limited to, the mortgage that is the subject of this action, all paper material of any kind, whether typed, written, printed, punched, filmed or marked in anyway; recording tape or wires, film, photographs, movies or any graphic matter however produced or reproduced; all mechanical or electronic sound recordings or transcripts thereof and all computer or data processing material. C. As used herein, the term "identify" when used in reference to a document or documents or equivalent language, means to state: i. ii. iii. iv. v. vi. The identity of the person who prepared it. The identity of the person who signed it or in whose name it was issued. The identity of the person to whom it was addressed or distributed. The nature and substance of the document with sufficient particularity to enable it to be identified. Its date and if it bears no date, the date on which it was prepared. The physical location of it and the identity of the custodian.
E. The identification should be with sufficient particularity to meet the requirements for its inclusion in a Request for Production of Documents, pursuant to Rule 1.340 of the Florida Rules of Civil Procedure.
F. As used herein, "affiliate", when used in relation to any person or entity, means another person or entity who is owned or controlled (in whole or in part) by, or is under common ownership or control (in whole or in part) with, such person or entity. G. If you intend to claim any privilege recognized in the law against revealing any information which is requested, or producing any document, or in revealing any document, in addition to the foregoing information, state the applicable ones of the following: the date of and participants to any communication; the number of pages of any document; the persons who received such document; the relationship of such person to you; whether such document contains facts, opinion, or both; and state the privilege you intend to claim. INTERROGATORIES 1. Please identify the person(s) answering these interrogatories including the name, address, telephone number, place of employment, job title and relationship to the Plaintiff. Answer 1:
2. Please state whether you claim to possess legal or beneficial interest, or both interests, in the mortgage that is the subject of this action, and if so, explain why you so claim; identifying any document(s) and clauses therein which gives you the interest(s) you claim and specifying whether you claim rights as an owner or holder of the mortgage or both, and specifying any other rights claimed. If you do not claim any such interest(s) or rights, please explain why you do not claim such interest(s). Answer 2:
3. Please state whether you claim to possess the authority or the power to file and pursue foreclosure of the mortgage that is the subject of this action, and if so, explain why you so claim identifying any document(s) and clauses therein which gives you the authority or power you claim. If you do not claim any such authority or power, please explain why you do not claim such authority or power. Answer 3:
4. Please state the name, address and phone number of the person(s) or entity(ies) (“assignor”) from whom you took assignment of the mortgage that is the subject of this action, together with the date you took assignment of the mortgage, specifying all documents, including contracts that were necessary to give legal effect to the assignment of the mortgage to you. Answer 4:
5. Please state the name, address and phone number of all persons and/or entities (“chain of title assignors/assignees”) who obtained the mortgage that is the subject of this action by way of assignment, prior to the assignor referenced in paragraph 8, above, taking assignment of the mortgage that is the subject of this action, together with the date that person(s) and/or entity(ies) took
assignment of the mortgage, specifying all documents, including contracts, that were necessary to give legal effect to the assignment of the mortgage to that person(s) and/or entity(ies). Answer 5:
6. Please state the date, amount and nature of the consideration or value given in exchange for each and every assignment of the mortgage that is the subject of this action, including the consideration or value not only that you gave to the assignor, but the consideration or value all those person(s) or entity(ies) in the chain of title assignors/assignees of the mortgage gave and received in the assignment process of this mortgage, and identify the person(s) and/or entity(ies) giving and receiving such consideration or value by providing their full legal name(s), address, and phone number and specify the consideration or value that was exchanged for the assignment of the mortgage. Answer 6:
7. Please state if the mortgage that is the subject of this action was ever subject to, or included in, a “mortgage loan purchase agreement” or similar agreement and if so, please completely identify the agreement and specify the name to the agreement, the date of the agreement and any amendments, and the parties to the agreement. Answer 7:
8. Please state whether the mortgage that is the subject of this action was ever repurchased or reassigned from the buyer or assignee back to the original seller or assignor or to any predecessor of the buyer or assignee and, if so, state the dates of such and the parties involved. Answer 8:
9. Please explain and describe for the mortgage that is the subject of this action: the relationships among parties (including you, the original lender, any servicer, 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 at any time between the making of same and your filing of the action at issue herein. Answer 9:
10. Please identify each and every document which contains an obligation or option to repurchase the mortgage that is the subject of this action and explain fully the terms, conditions and costs to be incurred or paid by each party upon repurchase; and whether and by whom, and from whom the mortgage was ever repurchased. Answer 10:
11. Please state, for the mortgage, whether and as of what date you secured the original thereof and from whom, providing the contact name, address, and phone number of each such person.
12. Please identify each and every document you obtained or reviewed in connection with your taking assignment of the mortgage and specify for each such document whether you maintain the original or a copy thereof. Answer 12:
13. Please state all parties who have provided servicing of the mortgage and provide the contact name, full legal name, address, and phone number of each such party and the dates each began servicing the mortgage and the compensation paid and the dates paid, for such servicing of the mortgage.
14. Please state for the history of the mortgage, the persons or entity who, at any time, collected mortgage payments, specifying the sums collected, the applicable dates each person or entity did so collect and specifying the full legal name, address, and phone number of each such person or entity. Answer 14:
15. Please state for the history of the mortgage that is the subject of this action: a full description of the disposition of collected mortgage payments specifying any person or entity to which mortgage payments were delivered, transferred, or paid; the applicable dates each such person or entity received the payments; and further specify the full legal name, address and phone number of each such party. Answer 15:
16. In relation to the mortgage that is the subject of this action, please define the minimum legal requirements necessary to assign the subject mortgage. Answer 16:
17. If you intend to indemnify the plaintiff against claims by someone later claiming to be entitled to enforce the mortgage against the defendant, please state the basis for your being able to make such indemnification. Answer 17:
18. State whether the federal government has a financial interest in this Mortgage by way of underwriting, guarantee, indemnification or ownership. Answer 18:
19. action. Answer 19:
State all federal pre-suit default prevention measures you undertook prior to filing this
20. State whether any partial or fractional interest of this Mortgage had at any time been sold, as referenced in the mortgage at paragraph 20, and the name(s) and address(es) of all parties who obtained such partial or fractional interest.
21. Please identify a representative of Plaintiff with knowledge of the facts necessary to respond to each of the interrogatories contained herein or, if more than one, identify each such representative providing the name, address, and telephone number for each with a brief summary of each representative’s knowledge in this matter. Answer 21:
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 _________________, 2009. __________________________________________ NOTARY PUBLIC, State of _________________ Print Name:_______________________________ My commission expires:_____________________
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