Mortgage Interrogatories
Mortgage Interrogatories
Plaintiff,
vs.
Defendant(s).
_____________________________________________/
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.
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.
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:
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.
Answer 11:
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.
Answer 13:
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. State all federal pre-suit default prevention measures you undertook prior to filing this
action.
Answer 19:
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.
Answer 20:
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 _____________________
__________________________________________
NOTARY PUBLIC, State of _________________
Print Name:_______________________________
My commission expires:_____________________