discovery package newhanoka2811

8/7/2019 Discovery Package newhanoka2811

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SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF RICHMOND--------------------------------------------------------------------------X

Index #: 130045/11HSBC MORTGAGE CORPORATION (USA)

2929 Walden AvenueDepew, NY 14043,Plaintiff, NOTICE TO TAKE

DEPOSITION UPON

ORAL EXAMINATION

AND INSPECTION

-- against--

MOSHE HANOKA, SYLVIA HANOKA, BANKOF AMERICA, NA, NEW YORK CITY

ENVIRONMENTAL CONTROL BOARD, NEW YORKCITY PARKING VIOLATIONS BUREAU, NEWYORK CITY TRANSIT ADJUDICATION BUREAU,JOHN DOE (Said name being fictitious,it being the intention of Plaintiff todesignate any and all occupants ofpremises being foreclosed, andany parties, corporations or entities,if any, having or claiming an interestor lien upon the mortgaged premises.)

Defendants.----------------------------------------------------------------------------X

COUNSELORS:PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules

the testimony, upon oral examination, of an officer, director, member or employee of Defendant(s)

having sufficient knowledge of the material facts under inquiry as an adverse party will be takenbefore a Notary Public who is not an attorney, or an employee of an attorney, for any party or

prospective party herein and is not a person who would be disqualified to act as a juror because of

interest or because of consanguinity or affinity to any party herein, at: 7504 Fifth Avenue,

Brooklyn, NY 11209 on February 23, 2011 at 10:00 o'clock in the forenoon of that day with respect

to evidence material and necessary in the prosecution of this action:All of the relevant facts and circumstances in connection with this action.

That the said person to be examined is required to produce at such examination thefollowing: assignment of mortgage and note to Fannie Mae, copy of authorityallowing HSBC to foreclose on loan.

Dated: Brooklyn, New York

February 8, 2011


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Derrick Hanna, Esq.

Hanna & Vlahakis

Attorney for Defendant

7404 Fifth Avenue

Brooklyn, N.Y. 11209

800-773-7867

To: Patricia M. Esdinsky, Esq.

Steven J. Baum, P.C.

Attorney for Plaintiff

220 Northpointe Parkway, Suite G

Amherst, New York 14228

716-204-2400


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Index #: 131664/10DEUTSCHE BANK NATIONAL TRUST COMPANY

AMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOANASSET BACKED NOTES, SERIES 2006-3,

Plaintiff, REQUEST FORDISCOVERY OF EXPERT

WITNESS NFORMATION

--against

SALVATORE V. PERRONE, MARIA F. SALERNO,

BANK OF AMERICA, N.A., et al.,

Defendants.----------------------------------------------------------------------------X

REQUEST FOR DISCOVERY OF EXPERT WITNESS NFORMATION

COUNSELORS:

PLEASE TAKE NOTICE that, pursuant to CPLR 3101(d), defendant is hereby requested to

furnish to the undersigned at 7504 Fifth Avenue, Brooklyn, NY 11209, the following information

with respect to each person whom the defendant expects to call as an expert witness at trial, by

March 16, 2011 hereof:

1. State the name and address of each and every expert retained or employed by you in

anticipation of this litigation or in preparation therefor or for trial who you expect to call as a

witness at the trial and provide the background information that is required pursuant to CPLR

3101(d).

2. This demand is a continuing demand and defendants are required to provide the

information requested above when and if experts or additional experts are retained or employed.


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Plaintiff will object to the testimony of any expert witness as to whom the information requested is

not provided when obtained by the defendants.

Dated: Brooklyn, New York

February 2, 2011

Derrick Hanna, Esq.

Hanna & Vlahakis


7404 Fifth Avenue


800-773-7867

To: The Dorf Law Firm, LLP


740 West Boston Road, Suite 304

Mamaroneck,NY 10543

914-381-7600


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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF RICHMOND--------------------------------------------------------------------------XIndex #: 131664/10

DEUTSCHE BANK NATIONAL TRUST COMPANYAMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOANASSET BACKED NOTES, SERIES 2006-3,

Plaintiff,COMBINED DEMAND

FOR STATEMENTS

AND WITNESSES

--againstSALVATORE V. PERRONE, MARIA F. SALERNO,BANK OF AMERICA, N.A., et al.,

Defendants.

----------------------------------------------------------------------------X

PLEASE TAKE NOTICE that, pursuant to CPLR Article 31 the undersigned hereby makes

the following demand that all parties produce at the Staten Island office of the undersigned located

at 7504 Fifth Avenue, Brooklyn, NY 11209, on March 16, 2011 at 10:00 oclock in the forenoonthereof for copying, testing, inspecting and photographing, the following items.

DEMAND FOR STATEMENTS

Pursuant to CPLR3101(e), a copy of any statement or statements given by or on behalf ofthe parties serving this notice, whether signed or unsigned, recorded, transcribed or written or

pending.

DEMAND FOR WITNESSES

Pursuant to CPLR3101(a) and Rule 3120(a) and the case law thereunder, the undersignedhereby demands the name and address of each person known or claimed by any party you representto be a witness to any of the following:

a. The occurrence alleged in the complaint, or

b. Any acts, omissions, or conditions which allegedly caused the occurrencealleged in the complaint, or


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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF RICHMOND--------------------------------------------------------------------------XIndex #: 131664/10

DEUTSCHE BANK NATIONAL TRUST COMPANYAMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOANASSET BACKED NOTES, SERIES 2006-3,

Plaintiff,NOTICE FOR

DISCOVERY AND

INSPECTION


Defendants.

----------------------------------------------------------------------------XCOUNSELORS:

PLEASE TAKE NOTICE that, pursuant to the applicable rules of the CPLR Article 31

demand is hereby made upon you to produce the following documents/information described below

for copying, testing and inspecting. Document is used herein in the broadest sense and includes,

but is not limited to, all originals, whether printed or handwritten, non-identical copies, copies with

marginal notations or interlineations of any writing, recording, photograph, computer data, film, e-

mail, video or audio tape (including transcripts or memoranda reflecting or referring to the contents

thereof), any written, typewritten or other tangible form of recording or preserving communication

or thought (including computerized records of any kind), including any non-identical copy thereof,

or any other items containing information of any kind or nature, however produced or reproduced,


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whatever its origin or location and regardless of the form in which such information exists or is

maintained.

Documents Requested

1. All documents relating to real property known as and located at 1173 Clove Road,

Staten Island, NY 10301 (the Property).

2. All documents relating to note (Note) executed by Defendant and assignment of

MOTGAGE dated August 3, 2006.

3. All documents relating to mortgage dated August 3, 2006 (Mortgage) executed by

Defendant and assigned (Loan).

4. All documents relating to the closing (Closing) of the Loan, Note and/or Mortgage

on August 3, 2006.

5. All documents evidencing any payments made by or between DEUTSCHE BANKNATIONAL TRUST COMPANYAMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOAN

ASSET BACKED NOTES, SERIES 2006-3,(Plaintiff), MERS and SMI Mortgage relating to the Note and/or Mortgage.

6. All documents evidencing the assignment of the Note and/or Mortgage by or

between Plaintiff, MERS and SMI Mortgage.

7. All documents evidencing the securitization of the Note and/or Mortgage by or

between Plaintiff, MERS and/or SMI Mortgage.

8. All documents evidencing the evaluation of the Note and/or Mortgage by Plaintiff,

including but not limited to any rating of the Note and/or Mortgage.


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9. All documents evidencing any payments made by or between Plaintiff, MERS

and/or SMI Mortgage relating to the Note and Mortgage, including but not limited to the purchase

of the Note and/or Mortgage by the Plaintiff.

10. All closing documents relating to the Loan.

11. All pre-closing documents relating to the Loan.

12. All versions of Good Faith Estimates relating to the Loan.

13. All versions of Truth in Lending disclosure statements relating to the Loan.

14. All versions of Itemization of Amount Financed documents relating to the Loan.

15. All versions of loan applications relating to the Loan.

16. All pre-closing disclosure documents relating to the Loan.

17. All documents relating to discount points relating to the Loan.

18. All documents evidencing any benefit received by Defendants for discount points

paid by Defendants.

19. All documents evidencing any payment by and between Plaintiff, MERS and/or

SMI Mortgage relating to the Loan, Mortgage or Note.

20. All contracts by and between Plaintiff, MERS or and/or SMI Mortgage relating to

the Loan, Mortgage and/or Note.

21. All documents relating to the rate of interest of the Mortgage and/or Note.

22. All documents relating to the determination of the rate of interest of the Mortgage

and/or Note.

23. All documents evidencing communications by and between Plaintiff and/or SMI

Mortgage relating to the Mortgage and/or Note.

24. All correspondence, notes, memoranda relating to the Mortgage and/or Note.

25. All documents reflecting any money paid or received by and between Plaintiff,

MERS and/or SMI Mortgage relating to the Mortgage and/or Note.

26. All documents of any kind reflecting correspondence or communications by and

between Plaintiff MERS and/or SMI Mortgage and the Defendant.


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27. All documents of any kind reflecting communications, handwritten notes or

correspondence in any media, including specifically, but not exclusively, all electronic media

including emails by and between Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage

and/or Note.

28. All documents relating to the determination of the creditworthiness of the

Defendant.

29. All documents relating to the underwriting of the Loan.

30. All documents relating to the processing of the Loan.

31. All transmittal documents relating to the Loan.

32. All checklists relating to the Loan.

33. All checklists used to document the processing of the loan.

34. All guidelines that were used to evaluate the Loan.

35. All documents evidencing any employment verification of either of the Defendant.

36. All documents evidencing any income verification of either of the Defendant.

37. All documents evidencing a range of income by occupation that was used in

connection with the underwriting of the Loan.

38. All documents evidencing any evaluation of the value of the Property including all

appraisals and all evaluations completed by real estate brokers or agents.

39. All documents relating to any yield spread premium relating to the Loan, Note

and/or Mortgage.

40. All documents reflecting or relating to notes of conversations or meetings held by

and between Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage and/or Note.


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and between Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage and/or Note.


and between Plaintiff, MERS and/or SMI Mortgage during which the Defendant was discussed.

43. All documents evidencing any business relationship by and between Plaintiff,

MERS and/or SMI Mortgage.

44. All documents reflecting or relating to any joint ventures by and between Plaintiff,

MERS and/or SMI Mortgage.

45. All desk books, calendars or diaries maintained by Plaintiff, any employee and/or

officer and/or director of Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage and/or

Note and/or Defendant and/or any subject matter of this lawsuit.

46. All documents reflecting, concerning or relating to any allegation contained in the

Complaint.

47. All documents reflecting, concerning or relating to any defense Plaintiff interposed.

48. All documents reflecting, concerning or relating to any subject matter of this lawsuit.

49. All documents not produced in the response to the foregoing requests that Plaintiff

may seek to introduce at trial of this action.

50. All documents reflecting, concerning or relating to registration of the trust with the

SEC.

51. All documents reflecting, concerning or relating tothe assignment the mortgage deedof trust to the Trust.

52. All documents reflecting, concerning or relating to the Pooling and ServicingAgreement. Include a copy of the Pooling and Servicing Agreement.
http://agreements.realdealdocs.com/Pooling-and-Servicing-Agreement/6.htmlhttp://agreements.realdealdocs.com/Pooling-and-Servicing-Agreement/6.htmlhttp://agreements.realdealdocs.com/Pooling-and-Servicing-Agreement/6.htmlhttp://agreements.realdealdocs.com/Pooling-and-Servicing-Agreement/6.htmlhttp://agreements.realdealdocs.com/Pooling-and-Servicing-Agreement/6.htmlhttp://agreements.realdealdocs.com/Pooling-and-Servicing-Agreement/6.html


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53. Provide the name and address of t6he custodian of the original note.

54. Provide the chain of custody of the original note with all documentary evidence of

each and every transfer of custody of the note and mortgage.

55. Produce any and all Pooling Agreement(s) between the nominal lender at the loan

closing and any party or parties who could claim an interest in the loan or documents pertaining

thereto and any GSE or other party. If none, state none.

56. Produce any and allDeposit Agreement(s) between the nominal lender at the loan

closing and any party or parties who could claim an interest in the loan closing or documents

pertaining thereto and any GSE or other party. If none, state none.

57. Produce any and all Master Purchasing Agreement(s) between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan closing or documents


58. Produce any and all AIssuer Agreement(s) between the nominal lender at the loan


pertaining thereto and any GSE or other party. If none, statenone

59. Produce any and all Commitment to Guarantee Agreements) between the nominal

lender at the loan closing and any party or parties who could claim an interest in the loan closing or

documents pertaining thereto and any USE or other party. If none, state none.

60. Produce any and all Release of Document Agreements between the nominal lender at

the loan closing and any party or parties who could claim an interest in the loan closing or

documents pertaining thereto and any USE or other party. If none, state none.

61. Produce any and all Master Agreement for Servicer's Principal and Interest Custodial

Account between the nominal lender at the loan closing and any party or parties who could claim an

interest in the loan closing or documents pertaining thereto and any GSE or other party. If none,

state none.

62. Produce any and allServicer's Escrow Custodial Account between the nominal

lender at the loan closing and any party or parties who could claim an interest in the loan closing or

documents pertaining thereto and any GSE or other party. If none, state none.


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63. Produce any and all Release of Interest Agreements between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan closing or documents


64. Produce any and all Trustee Agreements between the nominal lender at the loan


pertaining thereto and trustees regarding this account or pool accounts with any GSE or other party.

If none, state none.

65. Produce any and all documents evidencing any trust relationship regarding the

Mortgage and/or any Note in this matter. If none, state none.

66. Produce any and all documents establishing any Trustee of record for the Mortgage

and/or any Note in this matter. If none, state none.

67. Produce any and all documents establishing the date of any appointment of trustee for

the Mortgage and/or any Note, including any and all assignments or transfers or nominees of any

substitute trustees. If none, state none.

68. Produce any and all documents establishing any Grantor for this Mortgage and/or any

Note in this matter. If none, state none.

69. Produce any and all documents establishing any Grantee for this Mortgage and/or any

Note in this matter. If none, state none.

70. Produce any and all documents establishing any Beneficiary for this Mortgage and/or

any Note in this matter. If none, state none.

71. Produce all data, information, notations, text, figures and information contained in

your mortgage servicing and accounting computer systems including, but not limited to Alltel or

Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or

sub-servicers of this mortgage account from the inception of this account to the date of this request.


72. Produce all descriptions and legends of all Codes used in Plaintiff=s mortgage

servicing and accounting system so as to enable the examiners and auditors and experts, if any,

retained to audit and review this mortgage account to properly carry on their work. If none, state

none.

73. Produce all assignments, transfers, allonge, or other documents evidencing a transfer,

sale or assignment of the mortgage, note, deed of trust, monetary instrument or other document that


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purports to evidence a financial obligation by Defendant, or provide security for such obligation,

from the inception of this account to the present date including any such assignment on MERS. If

none, state none.

74. Produce all deeds in lieu, modifications to this mortgage, monetary instrument or deed

of trust from the inception of this account to the present date. If none, state none.

75. Produce the front and back of each and every canceled check, money order, draft, debit

or credit notice issued to any servicers of this account for payment of any monthly payment, other

payment, escrow charge, fee or expense on this account. If none, state none.

76. Produce all escrow analyses conducted on this account from the inception of this

account until the date of your response to this request. If none, state none.

77. Produce the front and back of each and every canceled check, draft or debit notice

issued for payment of closing costs, fees and expenses listed on any and all disclosure statements

including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit

life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. If

none, state none.

78. Produce front and back copies of all payment receipts, checks, money orders, drafts,

automatic debits and written evidence of payments made by Defendant or others on this account. If

none, state none.

79. Produce all letters, statements and documents sent to Defendant by Plaintiff. If none,

state none.

80. Produce all letters, statements and documents sent to Defendant by agents, attorneys or

representatives of Plaintiff. If none, state none.

81. Produce all letters, statements and documents sent to Defendant by previous servicers,

sub-servicers or others in the account file or under the control or possession or in the control or

possession of any affiliate, parent company, agent, servicers, sub-servicers, attorney or other

representative of Plaintiff. If none, state none.


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82. Produce all letters, statements and documents contained in the account file of Plaintiff

or imaged by Plaintiff of any servicers or sub-servicers of this mortgage from the inception of this

account to the present date. If none, state none.

83. Produce all electronic transfers, assignments and sales of the note or asset, mortgage,

deed of trust or other security instrument. If none, state none.

84. Produce all copies of property inspection reports, appraisals, Broker Price Opinions

BPO=s and reports done on the property of Defendant. If none, state none.

85. Produce all invoices for each charge such as inspection fees, BPO fees, appraisal fees,

attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage

account from the inception of this account to the present date. If none, state none.

86. Produce all checks used to pay invoices for each charge such as inspection fees,

BPO=s, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been

charged to this account from the inception of this account to the present date. If none, state none.

87. Produce all agreements, contracts and understandings with vendors that have been paid

for any charge on this account from the inception of this account to the present date. If none, state

none.

88. Produce all documents evidencing authority for any person who signed a mortgage

assignment or endorsed a Promissory Note concerning the mortgage loan at issue.

89. Produce all account servicing records, payment payoffs, payoff calculations, ARMaudits, interest rate adjustments, payment records, transaction histories, account histories,

accounting records, ledgers, and documents that relate to the accounting of this account from the

inception of this account to the present date. If none, state none.

90. Produce all account servicing transaction records, ledgers, registers and similar items

detailing how this account has been serviced from the inception of this account to the present date.


91. Produce all sales contracts, servicing agreements, assignments, allonges, transfers,

indemnification agreements, recourse agreements and any agreement related to this account from

the inception of this account to the present date.

92. Provide copies of all invoices and detailed billing statements from any law firm or

attorney that has billed such fees that have been assessed or collected from this account from the

inception to the present date.


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93. Produce all documents between the Plaintiff=s attorney and any document producing

service such as ADOCX@ ORALDS@.

94. Produce all documents concerning attorney fees being charged to Defendant by

Plaintiff=s attorney, include retainer agreement and itemized billing statements concerning fees

claimed to have been generated in conjunction with Defendant and the mortgage.

95. Produce all documents evidencing compliance with Truth in Lending Disclosure

Statements concerning Defendant=s mortgage loan.

PLEASE TAKE FURTHER NOTICE that, said documents are to be produced, in the order

in which they are kept in the usual and ordinary course of business, at Defendants attorneys office,

7504 Fifth Avenue, Brooklyn, NY 11209, on March 16, 2011 at 10:00 AM.

PLEASE TAKE FURTHER NOTICE that, your failure to comply with this demand will

result in your being precluded at the time of the trial of this action.

PLEASE BE ADVISED that, an affidavit of non-existence indicating the steps taken to

locate such information/documents must be provided in lieu of production.

Dated: Brooklyn, New YorkFebruary 2, 2011

Derrick Hanna, Esq.

Hanna & Vlahakis


7404 Fifth Avenue


800-773-7867




Mamaroneck,NY 10543914-381-7600


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AFFIDAVIT OF SERVICE

STATE OF NEW YORK )

) ss.:COUNTY OF KINGS )

Grace Soave being duly sworn,deposes and says:

I am not a party to the within action, am over 18 years of age and reside in the State of New

York.

On ______________, 2011, I served the within:

Notice to Take Deposition upon Oral Examination

Notice for Discovery and Inspection;Request for Discovery of Expert Witness Information; and

Combined Demand for Statements and Witnesses;Interrogatories.

Request for Admissions

by depositing a true copy thereof enclosed in a post-paid wrapper in an official depository under theexclusive care and custody of the U.S. Postal Service within New York State, addressed to each of

the following persons at the last known address set forth after each name:

The Dorf Law Firm, LLP



Mamaroneck,NY 10543

914-381-7600

____________________________

Grace Soave

Sworn to before me on this ___

day of ____________, 2011

__________________________

NOTARY PUBLIC


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Index #: 131664/10DEUTSCHE BANK NATIONAL TRUST COMPANY

AMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOANASSET BACKED NOTES, SERIES 2006-3,

Plaintiff,


Defendants.

----------------------------------------------------------------------------XDEFENDANT'S FIRST SET OF INTERROGATORIES




Mamaroneck,NY 10543

914-381-7600

Instructions For Interrogatories

You must answer each Interrogatory separately and fully in writing under oath,

unless it is objected to, in which event the reasons for objection shall be stated in lieu

of an answer. The answers must be signed by the party making them, and the

objections signed by the attorney making them.

Space has been provided below each Interrogatory for your answer. If you require

additional space, you may attach an additional sheet or sheets of paper which refer to

the appropriate

Interrogatory.

In answering each Interrogatory:

a. Identify by date, sender, recipient, location and custodian, each document

relied upon or which forms a basis for the answer given or which corroborates the

answer given or the substance of what is given in answer to each Interrogatory.


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b. State whether the information furnished is within your personal knowledge and,

if not, the name of each person to whom the information is a matter of personal

knowledge.

c. Identify each person who assisted or participated in preparing and/or supplying

any of the information given in answer to or relied upon in preparing the answer to

each Interrogatory.

d. Each subpart of an Interrogatory is a separate Interrogatory for objection. If you

object, you must object separately to each subpart and must answer all remaining

subparts of each numbered Interrogatory. If you object to an Interrogatory or to a

subpart thereof as calling for information beyond the scope of discovery, you must

nevertheless answer the Interrogatory or subpart to the extent that it is not

objectionable.

e. In the event an Interrogatory is objected to on the ground of privilege, identify the

privilege asserted and the facts on which the assertion is based. If the Interrogatory

objected to relates to documents, identify each document pursuant to the definition of

identify contained in these Interrogatories. In the event the answer to an

Interrogatory is do not know, unknown, that information was unavailable or the like,

explain in detail the efforts made to obtain information to answer the Interrogatory.

f. If you respond to a request for discovery with a response that is complete when

made, you are nevertheless under a duty to supplement the response to includeinformation thereafter acquired:

a. With respect to any question directly addressed to the identity and location

of persons having knowledge of discoverable matters, or to the identity of each

person expected to be called as a witness at trial, the subject matter on which the

person is expected to testify, and the substance of the person's testimony.

b. If you obtain information which shows (and failure to amend your response in

light of such information is in substance a knowing concealment) your earlier response

was incorrect when made, or your earlier response, although correct when made, is no

longer true.

Definitions


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1. You and your mean the names of the party or parties to whom these

Interrogatories are directed and all parties acting on behalf of such party or parties,

including but not limited to, attorneys and their associates and employees,

investigators, agents, employees, representatives, or others who are in possession of

or who may have obtained information for or on behalf of the party or parties to whom

these Interrogatories are directed.

2. Document or writing means any written or graphic matter or other means of

preserving thought or expression and all tangible things in which information can be

processed or transcribed including, but not limited to, correspondence, messages,

telegrams, contracts, memoranda, studies, surveys, charts, reports, minutes, notes,

diaries, schedules, canceled checks, drafts, photographs, releases, newspaper or

magazine articles, books, financial statements, ledgers, transcripts, affidavits, tapes,

tape recordings, video tapes or recordings, motion pictures, phonograph recordings,

compact disk, optical disk, material read by laser scanning, computer disks, computer

tapes, computer printouts, and information stored in data processing or retrieval

systems, whether originals, copies or drafts, however produced or reproduced.

3. APerson means any natural person, any legal or business entity, and any public

or quasi-public entity.

4 Identify referring to a natural person means:

a. The full name of each person.

b. The present or last known address and telephone number of such person

including, but not limited to, the street address, city, state and zip code.

c. The employment of such person at the time referred to in these

Interrogatories by position held and by name and address of employer.


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5. Identify referring to other than a natural person

means:

a. The full legal and common name(s) or title(s) of such entity.

b. A brief summary of its contents.

c. An identification of the person(s) drafting, preparing, compiling, and

signing it.

d. The date the document was prepared or received and the date noted on

the document itself.

6. APlaintiff@ means: DEUTSCHE BANK NATIONAL TRUST COMPANYAMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOANASSET BACKED NOTES, SERIES 2006-3,

7. APlaintiff@ means SALVATORE PERRONE.

Interrogatories

1. State the name, job title and business address of each person providing

information in response to these discovery requests.

2. State the type of business organization defendant is and name every State of the

union in which it is chartered or registered.

3. If Plaintiff asserts, or has asserted, any claim against Defendant, state in detail the

basis upon which such claim is made.

4. If Plaintiff asserts, or has asserted, a claim to any interest in any property now or

previously owned by Defendant state in detail the basis upon which such claim is made.


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5. If Plaintiff has received any payments from Defendant state in detail the

consideration provided by Plaintiff to Defendant in return for such payments.

6. If Plaintiff asserts that Defendant received a loan of funds which comprise the basis

of Plaintiff=s claim against Defendant, describe the loan transaction in detail and provide

all documents which refer or relate to such transaction.

7. Identify for each account accounting and servicing system used by Plaintiff and any

sub-servicers or previous servicers from the inception of this account to the present date

which enable the experts to decipher the data provided.

8. For each account accounting and servicing system identified by Plaintiff and any

sub-servicers or previous servicers from the inception of this account to the present date,

state the name and address of the company that designed and sold the system.

9. For each account accounting and servicing system used by Plaintiff and any sub-

servicers or previous servicers from the inception of this account to the present date,

please provide the complete transaction code list for each system so that Defendant and

others can adequately audit this account.

10. In a spreadsheet form or in letter form in a columnar format, detail each and every

credit on this account from the date such credit was posted to this account as well as the

date any credit was received.

11. In a spreadsheet form or in letter form in a columnar format, detail each and every

debit on this account from the date such debit was posted to this account as well as the

date any debit was received.


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12. For each debit and credit listed, state the definition for each corresponding

transaction code Plaintiff utilizes.

13. For each transaction code, provide the master transaction code list used by Plaintiff

or previous servicers.

14. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed

of trust or any other instrument any Defendant executed to secure this debt been

recorded in the county property records in the county and state in which the property is

located from the inception of this account to the present date? State Yes or No.

If No, why?

15. Is Plaintiff the servicer of this mortgage account or the holder in due course and

beneficial owner of this mortgage, monetary instrument and /or deed of trust? State Yes or

No.

16. Have any sales, transfers or assignments of this mortgage, monetary instrument,

deed of trust or any other instrument executed by Defendant to secure this debt been

recorded in any electronic fashion such as MERS or other internal or external recording

system from the inception of this account to the present date? State Yes or No.

17. If yes, give details of the names of the seller, purchaser, assignor, assignee or any

holder in due course to any right or obligation of any note, mortgage, deed of trust or

security instrument executed by Defendant securing the obligation on this account that


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was not recorded in the county records where my property is located whether they be

mortgage servicing rights or the beneficial interest in the principal and interest payments.

18. Did the originator or previous servicers of this account have any financing agreements

or contracts with Plaintiff or an affiliate of Plaintiff?

19. Did the originator or previous servicers of this account receive any compensation,

fee, commission, payment, rebate or other financial consideration from Defendant or

affiliate of Plaintiff for handling, processing, originating or administering this loan? If yes,

please describe and itemize each and every form of compensation, fee, commission,

payment, rebate or other financial consideration paid to the originator of this account by

your company or any affiliate.

20. If you claim to have original documents relating to a loan transaction concerning

Defendant, state where the originals of this entire account file are currently located and

how they are being stored, kept and protected.

21. If you do not have possession or control over the original documents of a loan

transaction concerning Defendant explain in detail the physical location of the documents

and the reason you do not have possession or control over the documents.

22. Where is the original Mortgage/ Promissory Note alleged to have been signed by

Defendant? Give details of its physical location and whether anyone is holding this Note as

a custodian or trustee?


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23. State whether since the inception of this account, there has been any assignment of

Defendants monetary instrument / asset to any other party? If the answer is yes, give

details of the names and addresses of each and every individual, party, bank, trust or

entity that has received such assignments.

24. State whether since the inception of this account there has been any assignment of

the deed of trust or mortgage and Promissory Note to any other party? If the answer is

yes, give details of the names and addresses of each and every individual, party, bank,

trust or entity that has received such assignments.

25. State whether since the inception of this account, there has been any sale or

assignment of the servicing rights to this mortgage account to any other party? If the

answer is yes, give details of the names and addresses of each and every individual, party,

bank, trust or entity that has received such assignments or sale.

26. State whether since the inception of this account, there has been any subservicers

serviced any portion of this mortgage account? If the answer is yes, give details of the

names and addresses of each and every individual, party, bank, trust or entity that has

sub-serviced this mortgage account.

27. Has this mortgage account been made a part of any mortgage pool since the inception

of this loan? If yes, give details of each and every account mortgage pool that this

mortgage has been a part of from the inception of this account to the present date.


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28. State whether each and every assignment of Defendants asset/monetary instrument

been recorded in the county land records where the property associated with this

mortgage account is located?

29. State whether there has been any electronic assignment of this mortgage with MERS

or any other computer mortgage registry service or computer program? If yes, give details

of the name and address of each and every individual, entity, party, bank, trust or

organization or servicers that have been assigned to mortgage servicing rights to this

account as well as the beneficial interest to the payments of principal and interest on this

loan.

30. Have there been any investors who have participated in any mortgage-backed

security, collateral mortgage obligation or other mortgage security instrument that this

mortgage account has ever been a part of from the inception of this account to the

present date? If yes, give details of the name and address of each and every individual,

entity, organization and/or trust.

31. Give details of the parties and their addresses to all sales contracts, servicing

agreements, assignments, allonges, transfers, indemnification agreements, recourse

agreements and any agreement related to this account from the inception of this account

to the present date.

32. State how much amount was paid for this individual mortgage account by Plaintiff?

33. If Defendant=s loan account was a part of a mortgage pool, state the principal

balance used by Plaintiff to determine payment for this individual mortgage loan?


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34. If Defendants loan account was part of a mortgage pool, state the percentage paid by

defendant of the principal balance above used to determine purchase of this individual

mortgage loan?

35. To whom did Plaintiff issue a check or payment to for this mortgage loan?

36. Did any investor approve of the foreclosure of Defendant=s property? State Yes or

No.

37. Give details of all persons who approved the foreclosure of the Defendant=s property.

38. Have attorney fees ever been assessed to this account from the inception of this

account to the present date? State Yes or No.

39. If yes, detail each separate assessment, charge and collection of attorney fees to this

account from the inception of this account to the present date and the date of such

assessments to this account.

40. Have attorney fees ever been charged to this account from the inception of this


41. If yes, detail each separate charge of attorney fees to this account from the inception

of this account to the present date and the date of such assessments to this account and

provide a copy of the retainer fee agreement pursuant to which such fees were charged


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42. Have attorney fees ever been collected from this account from the inception of this


43. If yes, detail each separate collection of attorney fees to this account from the

inception of this account to the present date and the date of such assessments to this

account.

44. Give details of the name and address of each attorney or law firm that has been

paid any fees or expenses related to this account from the inception of this account to

the present date.

45. Specify in writing the provision, paragraph, section or sentence of any Promissory

Note, mortgage, deed of trust or any agreement signed by Defendant that authorized

the assessment, charge or collection of attorney fees.

46. Give details of each separate attorney fee assessed from this account and for

which each corresponding payment period or month such fee was assessed from the

inception of this account to the present date.

47. Give details of any adjustments in attorney fees assessed and on what date such

adjustment was made and the reason for such adjustment.

48. Has interest been charged on any attorney fees assessed or charged to this

account? State Yes or No.


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49. Is interest allowed to be assessed or charged on attorney fees charged or

assessed to this account? State Yes or No.

50. How much total in attorney fees have been assessed to this account from the

inception to the present date?

51. How much total in attorney fees have been collected from this account from the

inception to the present date?

52. Has there been any suspense or unapplied account transactions on this account

from the inception of this account until the present date? State Yes or No.

53. If yes, explain the reason for each and every suspense transaction that occurred

on this account.

54. In a spreadsheet or in letter form in a columnar format, give details of each and

every suspense or unapplied transaction, both debits and credits that has occurred on

this account from the inception of this account to the present date.

55. Have you reported the collection of late fees on this account as interest in any

statement to Defendant or to the IRS? State Yes or No.

56. Has any previous servicers or sub-servicers of this mortgage reported the collection of

late fees on this account as interest in any statement to me or to the IRS? State Yes or No.


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57. Do you consider the payment of late fees as liquidated damages to you for not

receiving payment on time? State Yes or No.

58. Are late fees considered as interest? State Yes or No.

59. Give details of the expenses and damages Plaintiff incurred for any payment Plaintiff

made that was late.

60. Were any of these expenses or damages charged or assessed to this account in any

other way? State Yes or No.

61. If yes, describe what expenses or damages were charged or assessed to this account.

62. Give details of the expenses you or others undertook due to any late payment

Defendant made.

63. Give details of the damages you or others undertook due to any late payment

Defendant made.

64. Give details of the provision, paragraph, section or sentence of any Note, mortgage,

deed of trust or any agreement Defendant signed that authorized the assessment or

collection of late fees.

65. Give details and list of each separate late fee assessed to this account and for which

corresponding payment period or month such late fee was assessed from the inception of

this account to the present date.


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Index #: 131664/10DEUTSCHE BANK NATIONAL TRUST COMPANYAMERICAS AS INDENTURE TRUSTEE FOR THEREGISTERED HOLDERS OF SAXON ASSETSECURITIES TRUST 2006-3 MORTGAGE LOANASSET BACKED NOTES, SERIES 2006-3,

Plaintiff,


Defendants.

----------------------------------------------------------------------------XDEFENDANT'S FIRST REQUEST FOR ADMISSION

Pursuant to the CPLR Defendants request Plaintiffs make the

following admissions within 20 days of service of these Requests

for the purpose of this action and subject to all pertinentobjections to admissibility which may be interposed at the trial.

Instructions For Request For Admission


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Space has been provided below each Request for Admission for

your answer. If you require additional space, you may attach an

additional sheet or sheets of paper which refer to the appropriate

Request for Admission.

You must serve your written answer or objection to each

request upon Defendant=s Attorney within 20 days of service ofthis Request For Admission on you. The answers or objections must

be signed by you or your attorney. Failure to answer or object

within 20 days is deemed an admission.

An answer shall admit the request, specifically deny the

matter, or set forth in detail the reasons why you cannot

truthfully admit or deny the matter.

You may not give lack of information or knowledge as a reason

for failing to admit or deny unless you have made a reasonable

inquiry and after such reasonable inquiry the information known or

readily obtainable is still insufficient for you to admit or deny.

If you fail to admit the genuineness of any document or the

truth of any matter requested in this Request For Admission, and

if Defendant thereafter proves the genuineness of the document or

the truth of the matter, Defendant may apply to the Court for an

order requiring you to pay the reasonable expenses incurred in

making that proof, including reasonable attorney's fees.

If yourespond to a request for discovery with a response

that is complete when made, you are nevertheless under a duty to


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supplement the response to include information thereafter

acquired:

a. With respect to any question directly addressed to

the identity and location of persons having knowledge of

discoverable matters, or to the identity of each person

expected to be called as a witness at trial, the subject matter on

which the person is expected to testify, and the substance of the

person's testimony.

b. If you obtain information which shows (and failure

to amend your response in light of such information is in

substance a knowing concealment) your earlier response was

incorrect when made, or your earlier response, although correct

when made, is no longer true.

Definitions

1. "You" and "your" mean the names of the party or parties

to whom these Requests For Admission are directed and all parties

acting on behalf of such party or parties, including but not

limited to, attorneys and their associates and employees,

investigators, agents, employees, representatives, or others who

are in possession of or who may have obtained information for or

on behalf of the party or parties to whom these Requests For

Admission are directed.

2. "Document" or "writing" means any written or graphic

matter or other means of preserving thought or expression and all

tangible things in which information can be processed or

transcribed including, but not limited to, correspondence,

messages, telegrams, contracts, memoranda, studies, surveys,

charts, reports, minutes, notes, diaries, schedules, canceled


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checks, drafts, photographs, releases, newspaper or magazine

articles, books, financial statements, ledgers, transcripts,

affidavits, tapes, tape recordings, video tapes or recordings,

motion pictures, phonograph recordings, compact disk, optical

disk, material read by laser scanning, computer disks, computer

tapes, computer printouts, and information stored in data

processing or retrieval systems, whether originals, copies or

3. "Person" means any natural person, any legal or business

entity, and any public or quasi-public entity.

4. "Identify" referring to a natural person means:

a. The full name of each person.

b. The present or last known address and

telephone number of such person including, but not limited to,

the street address, city, state and zip code.

C. The employment of such person at the time

referred to in these Interrogatories by position held and by name

and address of employer.

5. "Identify" referring to other than a natural person

means:

a. The full legal and common name(s) or title(s)

of such entity.

b. A brief summary of its contents.

C. An identification of the person(s) drafting,

preparing, compiling, and signing it.

d. The date the document was prepared or

received and the date noted on the document itself.

ADMISSIONS


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1. Admit that the annexed document entitled ASSIGNMENT OF

MORTGAGE DATED May 6, 2010 is a true and accurate copy of the

assignment Plaintiff intends to present at trial.


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2. Admit that Plaintiff ordered the creation of this

document annexed hereto, entitled ASSIGNMENT OF MORTGAGE DATED

May 6, 2010.

3. Admit that Plaintiff=s attorney ordered the creation ofthe document annexed hereto entitled ASSIGNMENT OF MORTGAGE

DATED May 6, 2010.

4. Admit that SMI Mortgage did not assigned the Salvatore V.

Perrone and Maria F. Salerno mortgage dated August 3, 2006 on

November 18, 2009

5. Admit that Plaintiff is not in possession of an original

note signed by Defendant and dated August 3, 2006.

6. Admit that Plaintiff is not in possession of an original

note endorsed in its name.

7. Admit that Plaintiff not file the assignment of the

mortgage in this case (copy annexed) on or about November 18, 2009

with the Richmond County Clerk.

8. Admit Plaintiff was a closed trust on May 6, 2010.

9. Admit Plaintiff does not have a beneficial interest in

the mortgage at issue in this case.

Dated: Brooklyn, NY

February 14, 2011

Plaintiff=s Answers are true and correct:

SignX_____________________________

Print Name and Title:____________________________

Sworn to and subscribed before me

this ________ day of _______________,

2011

_______________________________________Notary Public