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IN THE CIRCUIT COURT OF THE


ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA.

DEUTSCHE BANK NATIONAL TRUST CASE NO. 08-30628 CA 22


COMP ANY, AS TRUSTEE UNDER
NOVASTAR MORTGAGE FUNDING
TRUST, SERIES 2007-1 "'"-. M...:l •... ' . ~
Plaintiff, GENERAL JURISDICTJ,ON DI':'ISION ~
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MARIA LILIAN HERNANDEZ, ET AL.,
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Defendant( s)
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THE HOMEOWNER(S)' FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS

Defendant(s), MARIA LILIAN HERNANDEZ and IV AN SAENZ, (hereinafter

"The Homeowner(s)"), and pursuant to Fla. R. C. P. 1.350, request the production of the

following documents from the Plaintiff, DEUTSCHE BANK NATIONAL TRUST

COMPANY, AS TRUSTEE UNDER NOVAS TAR MORTGAGE FUNDING TRUST,

SERIES 2007-1, within thirty (30) days from the date of service hereof. The

Homeowner(s) request Plaintiff produce copies of the documents c/o Defendant's

undersigned attorney by mail to 3350 S.W. 148th Avenue, Suite 110, Miramar, FL 33027.

The Homeowner(s) certify they will pay the reasonable costs of the reproduction and

delivery.

DEFINITIONS

1. As used herein, please note the terms "you," "your," and Plaintiff refers to

Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE

UNDER NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1, or


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The Arcia Law Firm, PL, 33505. W 748" Avenue, Suite 770, Miramar, florida 33027
Telephone {800}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
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any mortgage broker, loan originator, loan closing agent, if different, and/or any

person or entity that held the loan from the date of the closing to the date of your

response to this Request.

2. The term "Defendant" and/or "The Homeowner(s)" refers to MARIA LILIAN

HERNANDEZ and IVAN SAENZ.

3. The term "attorney" or "attorneys" means any and all persons, whether associated

with a law firm, that has represented you and your interests in any way in this

lawsuit from the date you claim a default in payment on the mortgage and note

occurred, through institution of this action to present date, including any

paralegals, in connection with the foreclosure of this mortgage, and or any and all

of the defenses and claims raised by The Homeowner(s).

4. As used herein, the term "person" means any natural person, individual,

proprietorship, partnership, corporation, association organization, joint venture,

firm, other business enterprise, government body, group of natural persons, or

other entity.

5. As used herein, the terms "documents" as well as "documentation" shall mean

any written, printed or typed matter in the possession, custody or control of

Plaintiff, his agents and/or attorneys, including, but not limited to, all drafts and

copies bearing notations or marks not found in the original, letters and

correspondence, interoffice communications, surveys, reports, messages of any

type, telephone messages, notices, instructions, minutes, summaries, notes, notes

of meetings, transcripts, file folder markings, and any other organizational indicia,

accounting records, accounting worksheets, tapes or other recordings, magnetic

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The Arcia Law Firm, PL, 3350 S. W 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Ardal.awiirm.com
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tapes, electronic data storage devices, electronic data communication devices,

computers spreadsheets, computer printouts, or any other information filed or

stored in any form in computers or otherwise and which can be retrieved,

obtained, manipulated, or translated.

6. As used herein, the term "relates to" or "relating to" means referring to,

concerning, documenting, responding to, containing, regarding, discussing,

documenting, describing, reflecting, analyzing, constituting, disclosing,

employing, defining, stating, explaining, summarizing, or in any way pertaining

to.

7. As used herein, the terms "and" as well as "or" shall be construed both

disjunctively and conjunctively so as to bring within the scope of each of these

requests any information which otherwise might be construed to be outside the

scope of any request.

8. The use of the singular form of any word includes the plural, and the use of the

plural includes the singular.

INSTRUCTIONS

1. These requests encompass all items within your possession, custody or control.

2. Your written response shall state, with respect to each item or category, that

inspection and related activities will be permitted as requested, unless the request is

objected to, in which event the reasons for the objections shall be stated. If objection

is made to part of an item or category, the part shall be specified and inspection

permitted of the remaining parts.

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The Arcia Law Firm, P.L., 3350 S. W. 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Ardal.awilrm.com
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3. All documents which are to be produced shall be produced as they are kept in the

usual course of business or shall be organized and labeled in a manner clearly

identifying and indicating the documents or tangible things being produced in

response to the particular request.

4. This request is deemed to be continuing in nature, and in the event you become

aware of or acquire in your possession, custody or control additional responsive

documents, you are requested to produce promptly such additional documents for

inspection and copying.

5. If in responding to these requests you encounter any ambiguity in construing any

request, instructions or definition, set forth the matter deemed ambiguous and the

construction used in responding thereto.

6. If any document cannot be produced in full or in part, you shall state, in writing,

the reasons for your inability to produce all or any portion of the document requested

and serve those reasons on defendants at the time required for response.

7. If any requested documents are withheld under a claim of privilege, identify each

such document and state the date of the document, identify its author and addressee,

each person to whom copies of the document were furnished or to whom the contents

thereof were communicated, a summary of the subject matter of the document, its

present location and custodian, the basis upon which the asserted privilege is claimed,

and the requests to which the document is responsive.

8. If any of requested documents have been destroyed, furnish a list identifying each

such document, its author and addressee, each person to whom copies of the

document were furnished or to whom the contents thereof were communicated, a

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The Arcia Law Firm, PL, 3350 S. W. 148" Avenue, Suite 770, Miramar, Florida 33027
Telephone (800)770-7702 - Facsimile (954)433-8389
www.ArciaLawFirm.com
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summary of the substance of the document, the date upon which it was destroyed and

the reason it was destroyed.

DOCUMENTS TO BE PRODUCED
1. All contracts in your possession to which The Homeowner(s) are a party

including but not limited to notes, security agreements, financing statements, in

connection with the Mortgage and or Note attached to or referred to in the

attachments toPlaintiff's complaint and all brokerage account agreements, guarantees,

UCC-I forms, UCC-II forms, mortgages, and insurance agreements.

2. All credit applications or credit reports pertaining to the loan agreement

with The Homeowner(s) in connection with the Agreement, the Mortgage and or

mortgage deed attached to or referred to in the attachments to Palintiff's complaint.

3. All disclosure statements given to The Homeowner(s) or other notices of

their rights in connection with the Agreement, the Mortgage and or mortgage deed

attached to or referred to in the attachments to Plaintiff s complaint.

4. All ledger cards, ledger sheets, computer printouts or other documents

reflecting payment received, charges and costs incurred on The Homeowner(s)

account in connection with the Agreement, the Mortgage and or mortgage deed

attached to or referred to in the attachments to Plaintiff s complaint.

5. All correspondence concerning the loan which is the subject matter of this

lawsuit.

6. All telephone log sheets or other internal memoranda or notes concerning

the transactions which are the subject matter of this lawsuit.

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The Ilrcia Law Firm, P.L., 3350 S. W. 148'llvenue, Suite 110, Miramar, Florida 33027
Telephone (800)170-7102 - Facsimile (954)433-8389
www.Arcial.awiirm.com
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7. All fee agreements between you and your attorneys or other documents

relating to such fees.

8. All documents summarizing or memorializing any oral communications

between The Homeowner(s) and your company related to or in any way connected

with the loan transaction involving The Homeowner(s) and all documents containing

or relating to any written communications between you and The Homeowner( s) in

connection with the Agreement, the Mortgage and or mortgage deed attached to or

referred to in the attachments to Plaintiff s complaint.

9. All documents relating to any fees, commissions or other payments

received in connection with the Agreement, the Mortgage and or mortgage deed

attached to or referred to in the attachments to Plaintiff s complaint.

10. All documents in existence at the time of the transaction under which:

(a) you and/or NOVASTAR MORTGAGE, INC. agreed to extend credit

to persons;

(b) you and/or NOVASTAR MORTGAGE, INC. agreed to pay anyone

else a fee, commission or other payment based on you and/or

NOV ASTAR MORTGAGE, INe. 's extension of credit;

(c) Anyone who agreed to pay you and/or NOVAS TAR MORTGAGE,

INC. a fee, commission or other payment based on you and/or

NOVASTAR MORTGAGE, INC.'s extension of credit;

(d) Anyone else guaranteed payment of all or any part of the obligation to

you and/or Mortgage LenderslMERS; and

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The Arcia Law Firm, P.L., 3350 S. W 148" Avenue, Suite 1J0, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Arcial.awiirm.com
(e) Anyone else agreed to indemnify for any losses in transactions with

persons.

11. All documents prepared in connection with or relating to all actions taken

by any person acting on you or NOVASTAR MORTGAGE, INC.'s behalf to ensure

compliance with the Truth in Lending Act in the transaction which is the subject matter

of this lawsuit.

12. All documents containing or relating to any Truth in Lending disclosures

provided to The Homeowner(s) in the transaction which is the subject matter of this

lawsuit.

13. All documents relating to any procedure the closing agent had at the time

of the transaction herein to ensure that The Homeowner(s) were provided with Truth

in Lending disclosures.

14. All documents relating to any procedures the closing agent had at the time

of the transactions which were subsequently changed to ensure that the loan

originator provided its customer with accurate Truth in Lending disclosures loan

transactions.

15. All documents prepared in connection with or relating to any actions you

took to insure that you and/or NOV ASTAR MORTGAGE, INC. provided The

Homeowner(s) with Truth in Lending disclosures.

16. Copies of both sides of each and every check(s) issued by you and or any

closing agent in connection with the Agreement, the Mortgage and/or mortgage deed, all

written guarantees executed by any person, party or entity, including but not limited to

The Homeowner(s). The requested checks include the following:

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The Arda Law Firm, PL, 3350 S. W 148'" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
wwwArdaLawFfrm.com
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(a) check(s) payable to The Homeowner(s);

(b) check(s) payable to any closing agent;

(c) check( s) endorsed to any closing agent;

(d) check( s) made payable to any other persons receiving a portion of the loan

proceeds;

(e) check(s) issued to pay for:

(1) recording fees;

(2) notary fees;

(3) preparation of documents fees;

(4) appraisal fees;

(5) credit reporting fees;

(6) title insurance premiums;

(7) real estate title searches;

(8) credit life insurance premiums;

(9) credit disability insurance;

(10) fire and extended coverage insurance, and

(f) check(s) made payable to anyone other than The Homeowner(s) issued in

connection with or related to this transaction.

17. All documents relating to any fees, commissions or other payments

received in connection with the note, the Mortgage and/or mortgage deed attached to

or referred to in the attachments to Defendant's complaint.

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The Arda Law Firm, PL, 3350 S. W 14S" Avenue, Suite 110, Miramar, Florida 33027
Telephone {SOO}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
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18. All documents related in any way to any conditions required by anyone for

entering into a loan agreement with The Homeowner(s) as per the note Mortgage and

or mortgage deed attached to or referred to in the attachments to Plaintiff s complaint.

19. All documents related in any way to any origination fee or prepaid finance

charges paid in connection with the transaction

20. All documents through which any closing agent has been given notice that

a debtor or his representative believed that either you or NOVAS TAR MORTGAGE,

INe. had not provided the debtor with Truth in Lending disclosures in a transaction.

21. All other documents relating to the transaction or The Homeowner(s')

account with you.

22. All records of attorneys' fees actually incurred or paid with respect to this

loan transaction.

23. All documents you intend to introduce into evidence.

24. All documents, including computer printouts or ledger sheets indicating

payments received and or posted to The Homeowner(s) account during this loan

transaction, and whether the payment was posted to interest or principal, late charges,

or escrows for the mortgage and note sued upon.

25. All documents relating to the collection of escrow charges assessed

against The Homeowner(s) and paid by you or your agents and or employees.

26. All documents related to acquisition of the mortgage and note for which

you claim the right to reestablish and or enforce, including but not limited to any and

all pooling and or servicing agreements, assignments, endorsements, allonges and

copies of both sides of each and every check(s), and/or other evidence of payment,

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The Arcia Law Firm, P.L., 3350 S. W 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
wwwArciaLawFirm.com
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including paperless and or wire and or electronic transfer of funds (Hereinafter

referred to as "Check") issued by you and or received by anyone in connection with

and or related to the acquisition of the mortgage and note that you claim to own and

or hold and/or have the right to reestablish and or foreclose. The requested checks

include the following:

(a) check(s) you made payable to anyone;

(b) check(s) payable to any of your agents, including servicing agents;

(c) check(s) endorsed to you or any of your agent;

(d) check(s) made payable to any other persons receiving a portion of the forced

places insurance premium proceeds which you paid in connection with the mortgage

transaction;

(e) any check(s) issued to pay for:

(1) force placed insurance premiums;

(2) costs associated with any force placed insurance for which you seek

reimbursement;

(3) appraisal fees associated with force placed insurance;

(4) credit reporting fees associated with force placed insurance;

(5) real estate title searches associated with force placed insurance; and

(f) check(s) made payable to anyone other than The Homeowner(s) issued in

connection with or related to or associated with force placed insurance for which you

seek reimbursement.

27. All documents relating to any and all escrow charges passed on to The

Homeowner(s), including notices of amounts due, any delinquency, checks

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nil' Arcia Law Firm, PL, 3350 S. W. 148" Avenue, Suite 770, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Arcial.awhrm.com
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evidencing payment and the dates of payments, and the amounts of any payments

made.

28. All documents, including computer printouts or ledger sheets indicating

payments received and or posted to The Homeowner(s) account during this loan

transaction, and whether the payment was posted to interest or principal, late charges,

or escrows.

30. All documents relating to the collection of escrow charges assessed

against The Homeowner(s) and paid by you.

31. All documents relating to the escrow charges passed on to The

Homeowner(s), including notices of amounts due, any delinquency, checks

evidencing payment and the dates of paymen.ts, and the amounts of any payments

made.

32. Copies of any and all licenses for the branch office and/or the personnel

employed at the branch office of any mortgage broker or mortgage lender which took

the loan application for The Homeowner(s') loan, and/or the branch office and/or the

personnel employed at the branch office of any mortgage broker or mortgage lender

that closed The Homeowner(s) loan.

33. Any and all documents, writings, notes written memorandum, and or

contracts which may show, establish or tend to show or tend to establish that any

mortgage broker or mortgage lender met with the requirements of Florida

Administrative Code 3D-40.008(1 )-(1 0) entitled "Fees and Commissions" in

connection with the loans referred to above.

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The Areta Law Firm, PL., 3350 S. W 148- Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.Arcial.awhrm.com
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34. Any and all documents, writings, notes written memorandum, and or

contracts which may show, establish or tend to show or tend to establish that any

mortgage broker or mortgage lender met with the requirements of Florida

Administrative Code 3D-40.175 entitled "Mortgage Brokerage Files" in connection

with the loan, that is the subject of this suit, and the entire contents of all such

"Mortgage Brokerage Files" kept in connection with the loans referred to above.

35. Any and all documents, writings, notes written memorandum, and or

contracts which may show, establish or tend to show or tend to establish that any

mortgage broker or mortgage lender met with the requirements of Florida

Administrative Code 3D-40.177 entitled "Mortgage Brokerage and Lending

Transaction Journal" in connection with the loans referred to above, and the entire

contents of all such "Mortgage Brokerage and Lending Transaction Journals" kept in

connection with the loans referred to above.

36. Any and all documents, writings, notes written memorandum, and or

contracts which may show, establish or tend to show or establish that any mortgage

broker or mortgage lender met with the requirements of Florida Administrative Code

3D-40.260 entitled "Mortgage Lender Files" in connection with the loans referred to

above, and the entire contents of all such "Mortgage Lender Files" that were kept in

connection with the loans referred to above.

37. Any and all documents, writings, notes written memorandum, and or

contracts which you contend show, establish or tend to show or tend to establish that

any mortgage broker or mortgage lender met with the requirements of Florida

Administrative Code 3D-40.265 entitled "Mortgage Brokerage and Lending

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The Arda Law Firm, PL, 3350 S. W 148' Avenue, Suite 110, Miramar, Florida 33027
Telephone (800)770-7102 - Facsimile (954)433-8389
www.ArciaLawFirm.com
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Transaction Journal" in connection with the loans referred to above, and the contents

of all such "Mortgage Brokerage and Lending Transaction Journals" kept in

connection with the loans referred to above.

38. Any and all documents that are related to any servicing agreements with

and/or between Plaintiff and any servicing agents and/or for any of the persons or

parties who may have owned and/or held an ownership interest in the mortgage and

note subject to this suit.

39. Any and all contracts between Plaintiff and Plaintiffs counsel justifying

the claim and amount of attorney's fees alleged in this case.

40. Any and all invoices to justify all of your out of pocket expenses,

including but not limited to reimbursement for service of process fees, property

inspection fees, brokers opinions of value, photocopying and postage and title search

costs.

41. Any and all documents relating to the Trust Agreement establishing

Plaintiff/Counter-Defendant as Trustee, including but not limited to the entire trust

agreement itself.

42. Any and all documents relating to the establishment and or creation of

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE UNDER

NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2007-1.

43. Any and all documents that are in any way related to the purchase of the

Homeowner(s)' mortgage and note by the DEUTSCHE BANK NATIONAL TRUST

COMPANY, AS TRUSTEE UNDER NOVASTAR MORTGAGE FUNDING

TRUST, SERIES 2007-1, and or the Trustee on behalf of the DEUTSCHE BANK

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The Arcia Law Firm, PL, 3350 S. W 148" Avenue, Suite 110, Miramar, Florida 33027
Telephone {800}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
"'-"

NATIONAL TRUST COMPANY, AS TRUSTEE UNDER NOVASTAR

MORTGAGE FUNDING TRUST, SERIES 2007-1 including but not limited to the

purchase agreement, cancelled checks, wire or other electronic transfer payments

instructions and confirmations, and or the assignment of the mortgage loan.

44. Any and all documents that are in any way related to the securitization of

the Homeowner(s)' mortgage and note from the date of closing to the present date.

45. Any and all documents related to any credit default swap and or credit

derivative contract between Palintff and any other counterparties, including periodic

payments and or payoffs made that are in any way related or connected to and or

affect the Homeowner(s)' mortgage and note.

46. Any and all documents that evidence Plaintiff's standing to bring the

above-styled action.

47. Please produce the original note on this transaction for inspection at the

offices of the undersigned counsel.

48. Any and all documents that identify who the "Lender" is in the transaction

at issue in this case.

49. Any and all documents used by You to investigate and complete Your

responses to the interrogatories served upon you jointly herewith under separate

cover.

50. Any and all assignments or conveyances of the note transferring the

mortgage and note from immediate predecessor-in-interest of the Mortgage/ Deed of

Trust and Note to the Plaintiff.

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The Arda Law Firm, P.L., 3350 S. W. 748· Avenue, Suite 770, Miramar, Florida 33027
Telephone (800)770-1102 - Facsimile {954}433-8389
www.Ardal.awilrm.com
,-,,'
51. Please produce copies of any and all allonges to the note under Plaintiff's

control for the mortgage and note which is the subject of this lawsuit.

52. If the chain of title does not provide the entire ownership of the note and

mortgage uninterrupted, provide the documents which demonstrate the uninterrupted

ownership of the note and mortgage from closing until today.

53. Any and all documents in connection with or related to the method by

which any person or entity catalogued, saved, stored and/or retrieved the original

mortgage and note from origination to the response to this request to produce.

Respectfully submitted,

THE ARCIA LAW FIRM, P.L.


Counsel for the Homeowner( s)
th
3350 SW 148 Avenue
Suite 110
Miramar, FL 33027
Tel. 800-770-7102
Fax 954-4..n.8389

BY: ~/ ~ _
'OMARJ.~RCIA
Fla. Bar No. 057223

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The Areta Law firm, P.L., 3350 S. W 148" Avenue, Suite 110, Miramar, florida 33027
Telephone {800}170-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via

facsimile and U.S. Mail to Jared Bannan, Esq., Kahane & Associates, P.A., 8201 Peters

Road, Suite 3000, Plantation, FL 33324 this i1fday of April, 2009.

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The Areta Law Firm, PL, 3350 5. W 148' Avenue, Suite 110, Miramar, florida 33027
Telephone {800}770-7102 - Facsimile {954}433-8389
www.ArciaLawFirm.com