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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL DIVISION

THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFITOF THE CERTIFICATEHOLDERS, CWABS, INC, ASSETBACKEDCERTIFICATES, SERIES 2007-10,

CASE NO.:

PLAINTIFF(S),

v. , ET AL.,

DEFENDANT(S)._________________________________________/

NOTICE OF SERVICE OF DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

COMES NOW, the Defendant, (hereinafter “Defendant”), by and through undersigned counsel MATTHEW D. WEIDNER and pursuant to Rule 1.340, Fla. R. Civ. Pro., and hereby submits this FIRST SET OF INTERROGATORIES TO PLAINTIFF, which are attached to this NOTICE OF SERVICE OF DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF and which shall be answered, in writing and under oath, within thirty (30) days from the date of service.

Matthew D. Weidner, P.A. Attorney for Defendant 1229 Central Avenue St. Petersburg, FL 33705 (727) 894-3159 FBN: 067952 [email protected]

mailto:[email protected]


CIVIL DIVISION


CASE NO.:

PLAINTIFF(S),

v. , ET AL.,

DEFENDANT(S)._________________________________________/

DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

COMES NOW the Defendant (hereinafter “Defendant”) by and through undersigned

counsel MATTHEW D. WEIDNER and propounds the attached Interrogatories to Plaintiff,

pursuant to Rule 1.340, Florida Rules of Civil Procedure, and requires the Plaintiff to answer,

separately and fully, in writing and under oath, within thirty (30) days after service hereof, the

attached Interrogatories.

DEFINITIONS

A. The term “documents” means all writings of any kind, including the originals and all nonidentical copies, whether different from the originals by reason of any notation made on such copies or otherwise, including but not limited to correspondence, memoranda, notes, diaries, desk or other calendars, statistics, letters, telegrams, minutes, business records, personal records, account statements, bank statements, contracts, reports, studies, checks, receipts, invoices, bills, returns, charts, summaries, pamphlets, books, interoffice and intraoffice communications, notations of any sort of conversations, written agreements, bulletins, printed matter, computer printouts, teletypes, telefax, worksheets, all drafts, alterations, modifications, changes and amendments of any of the foregoing graphic or oral records or representations of any kind (including, without limitation, tapes, cassettes, discs, recordings and computer memories).

B. The term “promissory note(s)” or the word “note(s)” means the promissory note(s) described in the Complaint.

C. The term “mortgage(s)” means the mortgage(s) described in the Complaint.D. The term “mortgage loans” means loans made or indebtedness owed to Plaintiff or its

predecessors in connection with secured transactions on real property.E. The term “Plaintiff” refers to The Bank of New York, as Trustee for the Benefit of the

Certificateholders, CWABS, Inc., Assetbacked Certificates, Series 2007-10.F. The term “Defendants” refers to the Suzanette Tidwell and Harold Alan TidwellG. When Defendant(s) use a term, it shall be construed to have the same meaning as used in

Plaintiff’s Complaint and supporting attachments, unless explicitly noted otherwise.

INSTRUCTIONS

After carefully reviewing all materials pertinent to the Plaintiff’s complaint against Defendant in the above styled case, please answer the following questions. Please answer in the space provided or, if more space is required (indicate this within the space provided below) continue to answer on a separate sheet of paper making sure that the interrogatory number is clearly indicated on the top left hand corner of the additional page. If additional sheets of paper are required please attach to these answers securely and place the additional pages at the end of the responses in order. If you are unsure of a name or street address, you should provide such information that would reasonably lead to that person’s whereabouts.

INTERROGATORIES

1. What is the name and address, job title, employer, business address and phone number of the person answering these interrogatories and explain in detail the relationship of the person answering these interrogatories to the Plaintiff in this case.

2. Please state all details known by Plaintiff, to support the allegation in paragraph 4 of the Complaint that the legal description was a “resulted from a mutual mistake” and was “contrary to the clear intentions of the parties.”

3. Please state all details known by Plaintiff regarding the indorsement, placed on the original Note in question. Include the date said indorsement was placed on the Note, who authorized the indorser to place the indorsement on the note, what authority the indorser had to make the indorsement, and whether any subsequent indorsements were placed on the note.

4. Please state all details known by Plaintiff regarding how it first received possession of the note. Include when Plaintiff received the note, who delivered the note to plaintiff, who received the note, whether Plaintiff only received certain rights in the note, if so, what rights, the location the note was stored prior to this action, etc.

5. Please state all details regarding the custodian of the note in question. Include, when the custodian was in possession of the note, on whose behalf the custodian was in possession of the note, who deposited the note with the custodian, etc.

6. How did Plaintiff first receive the original Note in question? Was it endorsed when Plaintiff received the document? Where did this happen, when did it happen, who received the Note (name of the employee who received it), was any consideration paid for the Note, is there any evidence of that consideration, and are the any contracts which memorialize this transfer? Include specific details, not generalities such as “Plaintiff is the holder and entitled to enforce.”

7. Please provide all details that Plaintiff knows regarding the owner of the note and mortgage. State the name of the entity who owns the note and mortgage, how it authorized the servicer to bring this action, how long has it owned the note and mortgage for, is it the equitable or legal holder of the note and mortgage, etc.

8. Please explain and describe for the subject mortgage loan: the relationships among parties (including the Plaintiff, any servicer, any owner, all trustees past and present, any investor, 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 loan at any time between the making of same and the Plaintiff’s filing of the action at issue herein.

9. Please state for the history of the mortgage loan on whose behalf mortgage payments were collected, specifying the applicable dates collection was made for each such person or entity and specifying the name, current address, current phone number, current employer, and employer at the time, and the current address of any and all employers, of each such person or entity.

10. Please explain whether Plaintiff or its predecessors in interest has, since the inception of the loan, sent any notices to Defendant pursuant to paragraph 22 of the mortgage. If the answer to this question is yes, please provide the exact date said notices were prepared, the name of the person who prepared such notices, the person or entities to which the notices were sent to, and a brief summarization of the content of said notices.

11. If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is associated with said trust, please specifically identify any relevant mortgage loan schedule which should include the Mortgagor’s name, loan identification number, the property address, etc.

12. Describe and identify the computer system(s) which hold, process, creates documents, prepares data, maintain, analysis, and otherwise contain the documents, information, data compilations, codes, and records of Defendant’s purported mortgage, note, payment history, indebtedness, lender placed insurance, hazard insurance, late charges, appraisal, property inspections, brokers price opinions, title charges, title updates, etc. When identifying a system, please include the name of the system, the date of the system was created, who maintains the system, who developed the system, what tasks the system performs, who has access to the system, how often the system is audited for accuracy, how information is boarded or input into the system, who boards the information into the system, and where the server to the system is located.

13. Please describe any and all bailee letters or other documents or data compilations which show who owned, held, serviced, or otherwise had any rights to enforce the note or mortgage at issue in this action.

14. Please specifically describe how the servicer has been authorized to act on behalf of the holder of the note. When was this authorization given, what documents memorialize this authorization, what is the extent of the servicer’s authorization to act on behalf of the holder.

15. Please list all entities who currently service or have serviced this loan on behalf of Plaintiff. For each entity, please specify the name of the entity, the address of the entity, the period of time for which the entity service the loan, and what obligations, duties, and authority each entity had to act on behalf of the Plaintiff.

By: _____________________________________Title: ___________________________________Print Name: _____________________________

STATE OF _______________________COUNTY OF _____________________

The foregoing instrument was sworn and acknowledged before me by_______________________________________who is personally known to me or produced_____________________ as identification on this __________ day of _________________, 2013.

__________________________________________NOTARY PUBLIC, State of _________________Print Name:_______________________________My commission expires:_____________________


CIVIL DIVISION


CASE NO.:

PLAINTIFF(S),

v. , ET AL.,

DEFENDANT(S)._________________________________________/

NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF

COMES NOW, the Defendant (hereinafter “Defendant”), by and through undersigned counsel MATTHEW D. WEIDNER and pursuant to Rule 1.370, Fla. R. Civ. Pro., and hereby submits this FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF, which are attached to this NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR ADMISSIONS TO PLAINTIFF and which shall be answered, in writing, within thirty (30) days from the date of service.

CERTIFICATE OF SERVICE

By:__________________________ Matthew D. Weidner, P.A. Attorney for Defendant 1229 Central Avenue St. Petersburg, FL 33705 (727) 894-3159 FBN: 067952 [email protected]


CIVIL DIVISION


CASE NO.:

PLAINTIFF(S),

v.

DEFENDANT(S)._________________________________________/

DEFENDANT’S FIRST REQUEST FOR ADMISSIONS


counsel MATTHEW D. WEIDNER and propounds the attached First Request for Admissions to

Plaintiff, pursuant to Rule 1.370, Florida Rules of Civil Procedure:

INSTRUCTIONSAfter carefully reviewing all materials pertinent to the Plaintiff’s complaint against

Defendant in the above styled case, please admit the following statements below. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless you serve upon the Defendant a written answer or objection addressed to the matter within 30 days after service of this request. If an objection is made, the reasons shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify an answer or deny only a part of the matter of which an admission is requested, you shall specify so much of it as is true and qualify or deny the remainder. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made a reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable that party to admit or deny. You may not object to a request solely because you consider that a matter of which an admission has been requested presents a genuine issue for trial. All references to “you” and “your” below refer to the PLAINTIFF listed in the Caption of the Complaint in this action. The phrase “Promissory Note” or the word “Note” shall refer to the Promissory note described in the Complaint and the word Mortgage shall refer to the mortgage described in the Complaint and upon which PLAINTIFF is seeking to foreclose. Unless stated otherwise, Defendant will utilize the same definitions and terminology as used in Plaintiff’s Complaint. Defendant will refer to note and line of credit agreement interchangeably unless specified otherwise.

DEFINITIONS


B. The term “promissory note(s)” or the word “note(s)” means the promissory note(s) described in the Complaint.

C. The term “mortgage(s)” means the mortgage(s) described in the Complaint.D. The term “mortgage loans” means loans made or indebtedness owed to Plaintiff or its

predecessors in connection with secured transactions on real property.E. The term “Plaintiff” refers to The Bank of New York, as Trustee for the Benefit of the

Certificateholders, CWABS, Inc., Assetbacked Certificates, Series 2007-10.F. The term “Defendants” refers to the Suzanette Tidwell and Harold Alan TidwellG. When Defendant(s) use a term, it shall be construed to have the same meaning as used in

Plaintiff’s Complaint and supporting attachments, unless explicitly noted otherwise.

ADMISSIONS

1. Admit that Plaintiff was not in possession of the original promissory note at the time this

lawsuit was filed.

2. Admit that no party, at least 30 days prior to the filing of this lawsuit, gave Defendants

notice that the Note was assigned to Plaintiff.

3. Admit that the Copy of the Note attached to the Complaint was an accurate photocopy of

the original Note as of the date that the Complaint was filed.

4. Admit that Plaintiff is not the holder of the Note.

5. Admit that Plaintiff didn’t send Defendant notice pursuant to section 22 of the Mortgage.

6. Admit that no document exists that shows Plaintiff received the original note on or before

August 11, 2008.

7. Admit that no document exists that shows Plaintiff held the original note on or before

August 11, 2008.

8. Admit that no document exists that shows Plaintiff was in possession of the original note

on or before August 11, 2008.

9. Admit that Plaintiff is not the nonholder in possession of the note who has the rights of a

holder.

10. Admit that Mortgage Electronic Registration Systems, Inc. (“MERS”) is not a party to

the Note.

11. Admit that these admissions are being answered by Plaintiff’s servicer.

12. Admit that the note is an obligation of a consumer to pay money arising out of a

transaction in which the money or property which are the subject of the transaction are

primarily for personal, family or household purposes.

13. Admit that Kimberly Dawson is an employee or agent of Bank of America, or its

subsidiaries.

14. Admit that Kimberly Dawson is not authorized to sign documents as an employee or

agent for Mortgage Electronic Registration Systems Incorporated as nominee for

Primelending, a Planscapital Company.

15. Admit that Countrywide created the Assignment of Mortgage from MERS to Bank of

New York.

16. Admit that the Assignment of Mortgage from MERS to Bank of New York was created

for the purposes of litigation.


CIVIL DIVISION


CASE NO.:

PLAINTIFF(S),

v.

DEFENDANT(S)._________________________________________/

NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF

COMES NOW, the Defendant (hereinafter “Defendant”), by and through undersigned counsel MATTHEW D. WEIDNER and pursuant to Rule 1.350, Fla. R. Civ. Pro., and hereby submits this FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF, which are attached to this NOTICE OF SERVICE OF DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF and which said documents shall be produced within thirty (30) days from the date of service.

CERTIFICATE OF SERVICE

By:__________________________ Jason M. Kral, Esq Matthew D. Weidner, P.A. Attorney for Defendant 1229 Central Avenue St. Petersburg, FL 33705 (727) 894-3159 FBN: 067952 [email protected]


CIVIL DIVISION


CASE NO.:

PLAINTIFF(S),

v. , ET AL.,

DEFENDANT(S)._________________________________________/

DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS


counsel MATTHEW D. WEIDNER and requests the following documents for inspection and

copying at the office of Matthew D. Weidner, Esq., within thirty (30) days of this request

pursuant to Rule 1.350, Florida Rules of Civil Procedure. In the alternative, Plaintiff may

provide defendant with legible copies of the requested information.

DEFINITIONS


B. The term “promissory note” or the word “note” means the promissory note described in the Complaint.

C. The term “mortgage” means the mortgage described in the Complaint.

D. Unless stated otherwise, Defendant will utilize the same definitions and terminology as used in Plaintiff’s Complaint.

INSTRUCTIONS

If your response to any request herein is that the documents are not in your possession or custody, please describe in detail the unsuccessful efforts you made to locate the records. If your response to any request herein is that the documents are not in your control, please identify who has control and the location of the records. If a request herein for production seeks a specific document or an itemized category which is not in your possession, control or custody, please provide any documents you have that contain all or part of the information contained in the requested document or category. If your response to any request herein is that the documents are considered privileged, please submit any itemized privilege log; the failure to attach such a log will be considered waiver of the privilege. If your response to any request herein is that the documents are overly broad or unnecessarily burdensome, please qualify your answer in some quantitive fashion such as the volume of the documents or the number of man-hours required for production. If your response to any request herein is that the documents are not relevant or would not lead to the discovery of admissible evidence, please explain why you so claim. Please identify the source of each of the documents you produce.

REQUEST FOR PRODUCTION

1. All documents which are related to the subject loan transaction including but not limited to Note, modification of mortgage, judgment notes, security agreements, mortgages, assignments, allonges, insurance agreements, servicing agreements, pooling and servicing agreements and any and all other documents that relate or reference in any way the loan, or Plaintiff’s ability to service the loan, which is the subject of this instant litigation.

2. All documents which show the exact date that Plaintiff came into possession of the Note(s) in question.

3. All documents which show that Plaintiff held, received, or was in possession of the original note prior on or before August 11, 2008.

4. All agreements, contracts, or other documents which support the responses Plaintiff made to Defendant’s First Set of Interrogatories to the Plaintiff.

5. All agreements, contracts, or other documents which support the responses Plaintiff made to Defendant’s First Set of Admissions to the Plaintiff.

6. If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is associated with said trust, please produce any relevant mortgage loan schedule which should include the Mortgagor’s name, loan identification number, the property address, etc. Please also produce any exceptions schedule which shows what mortgages were not transferred into the trust.

7. Any corporate resolution, power of attorney, contract, or document which shows that all parties which are able to act as servicing agent or otherwise authorized to act on behalf of Plaintiff with regard to the note or mortgage attached to the complaint.

8. All correspondence generated by any party concerning the loan transaction, mortgage or note in question, and instant foreclosure, from the May 1, 2007 until the date of responding to this request.

9. All telephone log sheets, computer printouts and any other internal memoranda or notes concerning this account.

10. All executed or unexecuted, recordable or non recordable assignments associated in any way with the subject loan including, but not limited to, assignments, transfers, allonges or any other document that purports to transfer the interest in the subject note and mortgage to any party from the date of its inception until the date of answering these requests for production.

11. All contracts between the Plaintiff and any person or entity responsible for servicing the mortgage and/or note.

12. All contracts, agreements and any other documents which show how and when the note and mortgage that are at dispute in this transaction came into possession of the Plaintiff.

13. All notices sent to Defendant pursuant to the Mortgage.

15. All documents which show the (1) name of the computer system that holds, processes, creates documents, prepares data, maintain, analysis, and otherwise contain the documents, information, data compilations, codes, and records of Defendant’s purported mortgage, note, payment history, indebtedness, lender placed insurance, hazard insurance, late charges, appraisal, property inspections, brokers price opinions, title charges, title updates, etc., (2) the date of the system was created, (3) who maintains the system, (4) who developed the system, (5) what tasks the system performs, (6) who has access to the system, (7) how often the system is audited for accuracy, (8) how information is boarded or input into the system, (9) who boards the information into the system, and (10) where the server to the system is located.

16. Any and all bailee letters or other documents or data compilations which show who owned, held, serviced, or otherwise had any rights to enforce the note or mortgage attached to Plaintiff’s complaint.

17. All documents that borrower sent to lender, or its successors and assigns, that designates a substitute address by which notices should be sent under the mortgage.

18. All assignments of mortgage upon which Plaintiff relies on.

19. All documents that Plaintiff intends to rely on at trial.

20. A copy of the mortgage loan schedule which reference the instant note or mortgage.

21. A copy of all Requests for Release of Documents which reference the instant note or mortgage.

22. All written notices to either Defendant or Defendants which notify them of the assignment of the note at issue to another entity.

23. All communications regarding or relating to the creation of the Assignment of Mortgage.

24. All communications between Countrywide Bank, F.S.B. or Bank of America, N.A. and Florida Default Law Group, P.L. or Ron R. Wolfe & Associates, P.L. concerning the instant file.