SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
______________________________________________
WELLS FARGO BANK, N.A. , AS TRUSTEE )
FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW )
HOME LOAN TRUST 2007-OPT1, ) Case number 11234-2009
ASSET BACKED CERTIFICATES SERIES )
)
Plaintiff ) Notice of Motion to
) Compel Discovery
-against- )
)
WILLIAM CARRINGTON )
)
Defendant )
)
______________________________________________)
PLEASE TAKE NOTICE that upon the attached documents by William Carrington, with exhibits

hereto for Defendant's Motion to Compel Discovery. A note of issue was filed by Ronald Park (DOC

75) on March 26, 2024 which stated erroneously that Discovery was complete. Defendant never

received anything back from Plaintiff. Wherefore, Plaintiff Wells Fargo Bank, N.A., as Trustee for the

certificate holders of the Soundview Home Loan Trust 2007-OPT1, and by their Attorneys against

Defendant William Carrington, foreclosure action regarding the subject property located at 497 Macon

Street, Brooklyn, New York, 11233 will move this court, located at 360 Adams Street, Brooklyn, NY

11201 on the date of April 30, 2024 at the time of 10:00 o'clock A.M. or as soon thereafter as counsel

may be heard for an Order that the Discovery that was propounded upon the Plaintiff be answered and

given to Defendant.
SUPREME COURT OF THE STATE OF NEW YORK :
COUNTY OF KINGS :
:
WELLS FARGO BANK, N.A. AS TRUSTEE FOR :
THE CERTIFICATE HOLDERS OF :
THE SOUNDVIEW HOME LOAN 2007-OPT -1 :
ASSET BACKED CERTIFICATES TRUST :
:
Plaintiff : Index Number 11234-2009
v :
:
WILLIAM CARRINGTON :
:
Defendant :
_________________________________________x

MOTION TO COMPEL DISCOVERY

COMES NOW William Carrington, Defendant pro se, and files this motion to

Compel Discovery. The Note of Issue (DOC 75) filed on March 26, 2024 stated

erroneously that Discovery had been completed by the certificate of readiness by

Schuyler B. Kraus. This is incorrect. The case is not ready for trial until Defendant

obtains discovery. On December 21, 2023 Defendant propounded discovery requests

to Plaintiff via certified mail 9589-0710-5270-1538-7708-99. Records indicate Plaintiff

received this discovery on January 8, 2024. The request included Interrogatories,

Admissions and Request for Production of Documents and Things. A copy of the

Defendant's request for Discovery is attached hereto as Exhibit A.

1
In addition to ordering the Plaintiff to answer discovery Defendant also requests

that the Plaintiff produce the actual original Consolidated Adjustable Rate Promissory

Note for inspection. Plaintiff has attached photocopies of three different CEMA

promissory notes in recent filings. Discrepancies exist in Plaintiff's docket records

which was brought to the court's attention through a Judicial Notice filed on March 12,

2024 (DOC 70). Exhibit G (Doc 58) was filed on February 29, 2024. (See page 25-27

and pages 40-42) and Exhibit 1 (DOC 17) filed on February 27, 2024 See page 19-21)

There can only be one promissory note and Plaintiff has presented three different

notes. Defendant requested several times to have proper examination of the original

consolidated adjustable rate promissory note (CEMA). This was requested by judge

Schmidt on December 5, 2014 and Plaintiff has refused to comply. A copy of this

order was attached as Exhibit A in Defendant's Motion to Strike Note of Issue (DOC 79)

filed on April 2, 2024.

WHEREFORE based on the foregoing the Defendant prays that the Plaintiff will be

ordered to answer Discovery before this case proceeds to trial.

RESPECTFULLY SUBMITTED
 EXHIBIT A

(Discovery Requests)
 William Carrington
497 Macon Street
Brooklyn, NY 11233

December 21, 2023

Hinshaw & Culbertson, LLP

800 Third Avenue
13th Floor
New York, NY 10022

RE- Docket number – 11234-2009

Please answer and return the discovery requests as soon as possible. Per New York Rules
of Civil Procedure, I have attached the following:

• Interrogatories
• Admissions
• Request for Production of Documents and Things

Thank you,
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________
WELLS FARGO BANK, N.A. , AS TRUSTEE )
FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW )
HOME LOAN TRUST 2007-OPT1, ) Case number 11234-2009
ASSET BACKED CERTIFICATES SERIES )
)
Plaintiff )
)
-against- )
)
WILLIAM CARRINGTON )
)
Defendant )
)
______________________________________________)

Defendant's First Set of Interrogatories

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.70.11-a - Interrogatories

(a)Interrogatories are limited to 25 in number, including sub-parts, unless another limit

is specified in the preliminary conference order. This limit applies to consolidated
actions as well. (b) Unless otherwise ordered by the court, interrogatories are limited to
the following topics: name of witnesses with knowledge of information material and
necessary to the subject matter of the action, computation of each category of damage
alleged, and existence, custodian, location and general description of material and
necessary documents, including pertinent insurance agreements, and other
physical evidence. (c) During discovery, interrogatories other than those seeking
information described in paragraph (b) above may only be served: (1)if the parties
consent; or (2)if ordered by the court for good cause shown. (d) At the conclusion of
other discovery, and at least 30 days prior to the discovery cut-off date, interrogatories
seeking the claims and contentions of the opposing party may be served unless the
court has ordered otherwise.
 Defendant's First Set of Interrogatories

1. Give the name, and address of the document custodian, for the Wells Fargo, as trustee for

the Soundview Home Loan 2007-OPT-1 Asset Backed Certificates Trust.

__________________________________________________________________________

__________________________________________________________________________

2. Give the name, dates for each servicer who serviced the subject loan_______________

__________________________________________________________________________

3. Provide the name of an expert witness by a current servicer, and previous servicer who

can testify under oath regarding the subject_______________________________________

loan______________________________________________________________________

________________________________________________________________

4. Provide the name and address of the party who actually funded the
Defendant's loan__________________________________________________

_______________________________________________________________

5. Provide dates and each entity that had actual physical possession of the
promissory note

______________________________________________________________

6. Give the name and address of the party that can testify in court and has
personal knowledge regarding the origination of the subject loan__________
_______________________________________________________________

7. Provide the names of each entity and the dates that each time the mortgage
was assigned.

_____________________________________________________________

8. Provide additional information regarding if an assignment was made on a date

that the entity did not exist_________________________________________

______________________________________________________________

9. Explain for this case if any attorneys that are representing Wells Fargo as
Trustee for the Soundview Home Loan 2007-OPT 1 trust are only contracted by
the servicer, PHH and not the actual Wells Fargo
Trustee_______________________________________________________
_____________________________________________________________

10. Explain the amount due on each notice of default letter and give a
breakdown of these charges________________________________________

_______________________________________________________________

11. Explain where it states in writing to the Defendant in a disclosure that his
subject loan was to be sold to a securitization trust. ______________________

12. Provide the exact date that the loan was placed in the trust pool_________

13. Explain which documents that were attached to the complaint were created
according to the Wells Fargo Attorney Foreclosure Procedures Manual________

______________________________________________________________

14. Explain if the proceeds from the foreclosure sale will go to Wells Fargo as
Trustee for the Soundview Home Loan Trust, or go to the Servicer of the loan,
Ocwen, PHH, or Newrez. __________________________________________
______________________________________________________________

______________________________________________________________
15. Give the dates and amounts that were paid by each entity who acquired the
subject loan____________________________________________________

______________________________________________________________

16. Provide the name of a party from Wells Fargo, As Trustee that has personal
knowledge regarding the subject loan and can submit to a
deposition________________________________________________________

________________________________________________________________

17. Please explain that all of the documents that were attached to the complaint,
the note and mortgage and allonges are only in electronic format and there is no
paper originals____________________________________________________

_______________________________________________________________

18. Explain how Wells Fargo as Trustee for the Soundview Home Loan Trust
2007-OPT-1 has suffered a loss personally by the Defendant _______________

________________________________________________________________

19. Besides the Promissory note, or allonge is there supporting evidence that any
money was loaned by the Plaintiff to the Defendant?
________________________________________________________________

________________________________________________________________

20. Give the date that option one ceased to exist________________________

21. Give the date that Sand Canyon ceased to exist ______________________

22. Provide information proof for when the Defendant was given process service
for the summons and complaint ______________________________________

________________________________________________________________

23. Provide information regarding servicer transferring (from/To), Option One,

Ocwen, AHMSI, Select Portfolio, PHH and Newrez, give the date of transfer and
the amount due on the subject loan each time it was transferred ___________
_______________________________________________________________

24. Provide a complete breakdown of all default servcing fees that were charged
to the Defendant
________________________________________________________________

25. Provide the name and address of someone who can testify in court to the
accuracy of the charges and amounts due according to the previous question

________________________________________________________________
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________
WELLS FARGO BANK, N.A. , AS TRUSTEE )
FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW )
HOME LOAN TRUST 2007-OPT1, ) Case number 11234-2009
ASSET BACKED CERTIFICATES SERIES )
)
Plaintiff )
)
-against- )
)
WILLIAM CARRINGTON )
)
Defendant )
)
______________________________________________)

ADMISSIONS

CPLR § 3123. Admissions as to matters of fact, papers, documents and

photographs. (a) Notice to admit; admission unless denied or denial excused. At any time
after service of the answer or after the expiration of twenty days from service of the summons,
whichever is sooner, and not later than twenty days before the trial, a party may serve upon
any other party a written request for admission by the latter of the genuineness of any papers
or documents, or the correctness or fairness of representation of any photographs, described
in and served with the request, or of the truth of any matters of fact set forth in the request, as
to which the party requesting the admission reasonably believes there can be no substantial
dispute at the trial and which are within the knowledge of such other party or can be
ascertained by him upon reasonable inquiry. Copies of the papers, documents or photographs
shall be served with the request unless copies have already been furnished. Each of the
matters of which an admission is requested shall be deemed admitted unless within twenty
days after service thereof or within such further time as the court may allow, the party to
whom the request is directed serves upon the party requesting the admission a sworn
statement either denying specifically the matters of which an admission is requested or
setting forth in detail the reasons why he cannot truthfully either admit or deny those matters.
If the matters of which an admission is requested cannot be fairly admitted without some
material qualification or explanation, or if the matters constitute a trade secret or such party
would be privileged or disqualified from testifying as a witness concerning them, such party
may, in lieu of a denial or statement, serve a sworn statement setting forth in detail his claim
and, if the claim is that the matters cannot be fairly admitted without some material
qualification or explanation, admitting the matters with such qualification or explanation.
(b) Effect of admission. Any admission made, or deemed to be made, by a party
pursuant to a request made under this rule is for the purpose of the pending action
only and does not

constitute an admission by him for any other purpose nor may it be used against
him in any other proceeding; and the court, at any time, may allow a party to amend
or withdraw any admission on such terms as may be just. Any admission shall be
subject to all pertinent objections to admissibility which may be interposed at the
trial. (c) Penalty for unreasonable denial. If a party, after being served with a
request under subdivision (a) does not admit and if the party requesting the admission
thereafter proves the genuineness of any such paper or document, or the correctness
or fairness of representation of any such photograph, or the truth of any such matter of
fact, he may move at or immediately following the trial for an order requiring the other
party to pay him the reasonable expenses incurred in making such proof, including
reasonable attorney's fees. Unless the court finds that there were good reasons for the
denial or the refusal otherwise to admit or that the admissions sought were of no
substantial importance, the order shall be made irrespective of the result of the action.
Upon a trial by jury, the motion for such an order shall be determined by the court
outside the presence of the jury.
 ADMISSIONS

ADMIT OR DENY

1. That you cannot prove any money was loaned to the Defendant by the Plaintiff.

_______

2. That all of the servicing records exist only in electronic format ________

3. That the original promissory note has no attached allonges _________

4. That there is no way to verify that the Defendant's loan is in a trust ________

5. That the assignments of mortgage were made after the trust's closing date______

6. That Wells Fargo Trustee, no loans to enter a trust pool after the closing date______

7. That the Wells Fargo as Trustee cannot prove they own the note________

8. That Wells Fargo as Trustee is not the party foreclosing _________

9. That the ACT 90 Notice was mailed to the Defendant on May 7, 2009________

10. That Wells Fargo did not comply with RPAPL §1304 _______

11. That the case 12840-08 was dismissed for lack of standing ________

12. That Plaintiff violated the “One Act Rule” (two cases at once) _________

13. That the Plaintiff does not own the original wet ink note _________

14. That the statute of limitations has expired_________

15. That the subject loan was paid off by credit default swap insurance_________

16. That the debt is now owned by a debt buyer and is liable under FDCPA _______

17. That the PSA does not allow Wells Fargo, as Trustee to foreclose _________

18. That Option One violated TILA, RESPA and Federal Truth in Lending ________
19. That the terms and conditions of the loan were deceitful and predatory ________

20. That the loan note/mortgage assignments, and allonges were made using the Wells

Fargo Foreclosure Attorney Procedures Manual. _______

21. That you cannot be determine if the original mortgage note still exists _______

22. That you cannot prove that a general ledger sheet showing the flow of payments into

the Soudview trust pool exists. _________

23. That you cannot prove that the purported loan was sold to a different party, (Deutche

Bank, or another entity __________.

24. That you cannot provide a complete payment history starting from the loan

disbursement date to the present date. __________.

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
______________________________________________
WELLS FARGO BANK, N.A. , AS TRUSTEE )
FOR THE CERTIFICATE HOLDERS OF SOUNDVIEW )
HOME LOAN TRUST 2007-OPT1, ) Case number 11234-2009
ASSET BACKED CERTIFICATES SERIES )
)
Plaintiff )
)
-against- )
)
WILLIAM CARRINGTON )
)
Defendant )
)
______________________________________________)

PRODUCTION OF DOCUMENTS AND THINGS

New York Consolidated Laws, Civil Practice Law and Rules - CVP Rule 3120.
Discovery and production of documents and things for inspection, testing, copying or
photographing

Rule 3120. Discovery and production of documents and things for

inspection, testing, copying or photographing.
1. After commencement of an action, any party may serve on any other
party a notice or on any other person a subpoena duces tecum:
(i) to produce and permit the party seeking discovery, or someone
acting on his or her behalf, to inspect, copy, test or photograph any
designated documents or any things which are in the possession, custody
or control of the party or person served; or
(ii) to permit entry upon designated land or other property in the
possession, custody or control of the party or person served for the
purpose of inspecting, measuring, surveying, sampling, testing,
photographing or recording by motion pictures or otherwise the property
or any specifically designated object or operation thereon.
2. The notice or subpoena duces tecum shall specify the time, which
shall be not less than twenty days after service of the notice or
subpoena, and the place and manner of making the inspection, copy, test
or photograph, or of the entry upon the land or other property and, in
the case of an inspection, copying, testing or photographing, shall set
forth the items to be inspected, copied, tested or photographed by
individual item or by category, and shall describe each item and
 category with reasonable particularity.
3. The party issuing a subpoena duces tecum as provided hereinabove
shall at the same time serve a copy of the subpoena upon all other
parties and, within five days of compliance therewith, in whole or in
part, give to each party notice that the items produced in response
thereto are available for inspection and copying, specifying the time
and place thereof. 4. Nothing contained in this section shall be construed to change
the requirement of section 2307 that a subpoena duces tecum to be served
upon a library or a department or bureau of a municipal corporation, or
of the state, or an officer thereof, requires a motion made on notice to
the library, department, bureau or officer, and the adverse party, to a
justice of the supreme court or a judge of the court in which the action
is triable.
 REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS

1. Provide a copy of the business records that you would use to prove standing.

2. Provide all custodial records related to the Note.

3. Provide the original wet ink note to bring to the court for inspection.

4. Provide all Electronic servcing records for the lifetime of the subject loan.

5. Provide a copy of the Underwriting Agreement, dated as of May 4, 2007, between the

Depositor and Greenwich Capital Markets relating to the Series 2007-OPT1

Certificates.

6. Provide a copy of the Pooling and Servicing Agreement, dated as of April 1, 2007, by

and among Financial Asset Securities Corp. as Depositor, Option One Mortgage

Corporation as Servicer and Wells Fargo Bank, N.A. as Trustee, relating to the Series

2007-OPT1 Certificates.

7. Provide the contract between Wells Fargo, as trustee for the Soundview Home Loan

2007-OPT-1 Asset Backed Certificates Trust and Option One, the Servicer.

8. Provide a complete payment history of the Defendant from loan origination to present.

9. Provide a copy of the HUD-1 Settlement Statement regarding the subject loan.

10. Provide a copy of the promissory note with all pages as it looks today.

11. Provide complete copies of all servicing records regarding the subject loan. This can be

in electronic format.

12. Provide a copy of all of the letters of default that were mailed to the Defendant

regarding the subject loan.

13. Provide proof that the Defendant was properly served the foreclosure complaint.

14. Provide proof that a loan was disbursed to the Defendant regarding the subject loan.
15. Provide proof that the the loan serviced by Option One was actually transferred to

Ocwen, and any other transfers made to any other party downline.

16. Provide a copy of the assignment and assumption agreement.

17. Provide paperwork evidence that the Soundview Home Loan 2007-OPT -1 Trust

acquired the subject loan and the exact date it entered the trust pool.

18. Provide proof of the party(s) that provided money to fund the loan by Option One.

19. Provide a copies of the pre and post closing loan documents.

20. Provide copies of all letters and correspondence that was sent to the Defendant.

21. Provide a copy of the Wells Fargo Foreclosure Attorney Procedures Manual,

22. Provide proof of default servicing fees that were charged to the Defendant for the life of

the loan.

23. Provide proof of any credit default swap contracts and payments disbursed between

Option One and the Soundview Trust.

24. Provide a written receipt of proof that the Soundview Home Loan Trust purchased the

loan from Option One.

25. Provide a copy of the general ledger sheet showing how borrower's payments are

disbursed to investors of the trust.