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Discovery IDEAS
Discovery IDEAS
SANTA FE COUNTY
FIRST JUDICIAL DISTRICT COURT
CASE NO. D-101-CV-2013-02867
OCWEN LOAN SERVICING, LLC,
Plaintiff,
vs.
ELIZABETH W. ZEILER, AUDREY W. KEEBLER AND THE UNKNOWN SPOUSE OF
ELIZABETH W. ZEILER, IF ANY,
Defendant(s).
DEFENDANT ZEILERS FIRST REQUEST FOR ADMISSIONS, FIRST SET OF
INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION
TO:
Law Firm, LLC, Deirdre Gleason appearing, and pursuant to Rules 1-033 and 1-034 NMRA
2002 propounds the following Request for Admissions, Interrogatories and Request for
Production of Documents to Plaintiff Ocwen Loan Servicing, LLC. The Admissions,
Interrogatories and Production of Documents must be served on the Defendant within 30 days
from the date of service at the mailing address of Gleason Law Firm, LLC, 5 Bisbee Ct. Ste. 109243, Santa Fe, New Mexico 87508, in accordance with Rule 1-034, unless counsel make other
arrangements by mutual agreement.
FIRST REQUEST FOR ADMISSIONS
REQUESTING PARTY: Elizabeth Zeiler
RESPONDING PARTY: Ocwen Loan Servicing, LLC
Page 1 of 12
The Responding Party is requested to admit or deny the truth of stated facts or the
genuineness of certain documents. With limited exceptions, You will not be permitted to change
the answer You give. Penalties or costs may apply should Your answer be later proven by the
Requesting Party to be inaccurate or false. The answers You provide, even if via Your attorney,
will be deemed to be provided by You and under oath unless You clarify otherwise. You must
serve Your responses on the Requesting Party in accordance with the Courts rules.
Your answers to these requested admissions must be dated, verified, and signed. Whether or
not You comply with such requirements, each response provided to the Requesting Party by You
or Your attorney will be deemed to be provided under oath by You with an intention that the
Requesting Party rely on same and deem it to be Your honest and well-reasoned response to the
specific requested admission.
Definitions for Purposes of these Requests for Admissions:
Document or Documents means a writing, email, office memo, or fax, whether of digital
or hardcopy format, accounting entry, a photocopy or picture of a writing, whether handwritten,
printed, or typed, and without limitation as to how the Document might be further described
based on its label, title, content, size, or usage, so long as it is in Your possession, custody, or
control, or it is accessible to you because it is held by Your agent or servicer.
Complaint means the Complaint For Foreclosure You filed in this lawsuit.
Insurance means any contract or agreement that is intended to reduce or compensate for a
financial loss due to uncollectibility or asset value shrinkage related to the Mortgage Loan,
regardless what label is carried by such contract or agreement, and regardless whether the issuer
of the insurance is a private, governmental or governmentally supported Person.
Lender means USAA Federal Savings Bank LLC.
Note means Exhibit A to Your Complaint.
MERS means Mortgage Electronic Registration Systems, Inc., the entity named in the
Mortgage
Mortgage means Exhibit B to the Complaint.
Mortgage Loan means the Note and Mortgage.
Person means individual, corporation, government entity or agency, trust, or any other legal
or business entity.
Property means the real property described in the Mortgage.
Securitization or Securitized means the pooling or combining of residential mortgage
loan assets in ways that result in mortgage-backed securities that get sold to investors.
You, Your, and Yours mean the Responding Party.
You Are Requested to Admit that Each of the Following Facts Is True:
1. Admit that You never sold or transferred an interest in the Mortgage Loan, Note or
Mortgage.
Admit
Deny
Page 2 of 12
2. Admit that You do not know the detail of the agreements or arrangements involved in
each of the transfers of all or partial interests in the Mortgage Loan since it was created
through the present time.
Admit
Deny
3. Admit that You do sought payments related to Insurance proceeds, dispute settlements,
accommodation indorsement warranties or indorsement warranties that related in any way
to or reference the Mortgage Loan, or any part of it.
Admit
Deny
4. Admit that You have not reviewed each contract or agreement involving the Mortgage
Loan which resulted in a transfer, assignment, sale, exchange, pledge, loan servicing
arrangement, indorsement or Securitization of the full or any portion of the Mortgage
Loan.
Admit
Deny
5. Admit that you did not own the Mortgage at the commencement of this lawsuit.
Admit
Deny
6. Admit that your current involvement with the Mortgage Loan is that of loan servicer or
agent for some other Person.
Admit
Deny
7. Admit that MERS did not participate in the preparation and creation of Exhibit C of the
Complaint.
Admit
Deny
8. Admit that MERS never purchased or acquired any ownership or controlling interest in the
Note or Mortgage.
Admit
Deny
9. Admit that You do not claim status as a holder of the Note pursuant to 55-3-301(i)
NMSA.
Admit
Deny
10. Admit that MERS did not know and had made no effort to know the identity of the Person
entitled to enforce the Note at the time the Assignment of Mortgage (Exhibit C,
Complaint) was created.
Admit
Deny
11. Admit that MERS received no instruction or authorization from any Person requesting it
Admit
Deny
Page 3 of 12
to createAdmit
the Assignment of Mortgage (Exhibit C, Complaint).
Deny
12. If You have physical possession of the Note, admit that You dont know how, when, from
what Person You obtained that possession.
Admit
Deny
Page 4 of 12
13. Admit that MERS did not request or instruct any individual or Person to prepare or
execute the Assignment of Mortgage (Exhibit C, Complaint).
Admit
Deny
14. Admit that MERS has no Document received from any Person requesting the creation and
issuance of the Assignment of Mortgage (Exhibit C, Complaint).
Admit
Deny
15. Admit that You made no investigation of whether Your immediate predecessor had the
right to enforce the Note before it transferred possession of the Note to You.
Admit
Deny
16. Admit that the individual who executed the Assignment of Mortgage (Exhibit C,
Complaint) at that time was not an employee of MERS.
Admit
Deny
17. Admit that the individual who executed the Assignment of Mortgage (Exhibit C,
Complaint) received no Document or instruction from MERS to take that action regarding
the Mortgage Loan.
Admit
Deny
18. 19. Admit that You do not claim status as a holder in due course of the Note pursuant to
NMSA 55-3- 302.
Admit
Deny
19. Admit that YOU sold or transferred full or partial interests in the Mortgage Loan.
Admit
Deny
20. Admit that You do not have the complete history of the chain of ownership and control of
the Mortgage Loan since its inception.
Admit
Deny
Deny
22. Admit that You issued no instruction to MERS requesting it to issue the Assignment of
Mortgage (Exhibit C, Complaint).
Admit
Deny
23. Admit that the Mortgage Loan has been sold or transferred amongst several Persons since
it was created.
Admit
Deny
24. Admit that Assignment of Mortgage (Exhibit C, Complaint) was executed by Your
employee.
25. Admit that You have no Document establishing that You ever engaged MERS to act as
nominee respecting the Mortgage.
Admit
Deny
26. Admit that You have no Document establishing that MERS ever agreed to act as Your
nominee respecting the Mortgage.
Admit
Deny
27. Admit that You sold interests in the Mortgage Loan to one or more Persons.
Admit
Deny
28. Admit that You claim that the Note is a negotiable instrument pursuant to the Uniform
Commercial Code.
Admit
Deny
Unless otherwise noted, these requests are for the period commencing with the date the Note
Page 5 of 12
Interrogatory No. 1:
Please Identify each and all Documents You and any of Your predecessors in interest in the
Mortgage Loan issued to or received from the Requesting Party from the date the Note was
created to the present time. Items of record in this lawsuit need not be included in Your
response.
Answer:
Interrogatory No. 2:
Requesting Party issued his First Request For Admissions to You. For each requested admission
that You denied, or did not simply admit, please explain each such response to the requested
admission, and Identify all of the Documents upon which You relied in making each such
response.
Answer:
Interrogatory No. 3:
If You claim an ownership interest in the Mortgage Loan, please explain Your interest, including
but not limited to when You acquired that interest, whether it is a full or limited interest,
whether, and in what way, Your interest has changed since You first acquired it, how much You
paid for Your interest, and, if applicable, how much You received when Your interest was
reduced or changed, and Identify the Documents upon which You base Your answer.
Answer:
Page 7 of 12
Interrogatory No. 4:
Please Identify the individual or individuals responding to these interrogatories on Your behalf,
including but not limited to the answers or portions thereof provided by each such identified
individual.
Answer:
Interrogatory No. 5:
If a mediation or settlement conference should occur during this litigation, please describe Your
authority to negotiate a settlement of this case, including, but not limited to, whether You have
unlimited authority or whether You have to obtain another Persons permission to accept or
negotiate a settlement, and if another Person is involved, please identify such Person, including
name, location, phone number, employer (if the Person is an individual), and relationship to You,
and Identify all Documents upon which You base Your answer.
Answer:
Interrogatory No. 6:
Please describe the physical status of the Note, including, but not limited to, when You last saw
it, when You first took possession of it, when you released possession to another Person, when
You regained possession and from what Person, and Identify the Documents upon which You
base Your answer.
Answer:
Page 8 of 12
Interrogatory No. 7:
Please describe the process by which You investigated and evaluated the chain of title,
ownership and control of the Mortgage Loan, the results of that work and Identify the
Documents You used, investigated and generated, including, but not limited to, the instructions,
manual or policy papers You followed or those used by the individuals who made those
investigations and determinations for You.
Answer:
Interrogatory No. 8:
Please describe what Insurance was available to offset financial losses associated with the
Mortgage Loan and the status of each and every claim filed regarding such Insurance. In your
description, Identify each Document mentioning or about the creation of such Insurance and each
claim made against such Insurance.
Answer:
Interrogatory No. 9:
Please describe how You accounted in your accounting records for the Mortogage Loan from its
inception to the current time, and Identify each Document that shows your asset, liability or
revenue accounting, including journal and subledger entries or records regarding the Mortgage
Loan from its inception to the current time.
Answer:
Page 9 of 12
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