FILED: BRONX COUNTY CLERK 08/28/2016 02:19 PM INDEX NO. 32209/2016E NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/28/2016 SUPREME COURT: STATE OF NEW YORK COUNTY OF BRONX X Index No: Federal National Mortgage Association ( Fannie Mae) Corporation Organized and Existing Under the Laws of the 32209/2016E United States of America, Plaintiff, NOTICE TO PRODUCE vs. FAUSTO CORDERO, JOHN DOE AND MARY DOE, Said names being fictitious, it being the intention of Plaintiff To designate any and all occupants, tenants, persons or corporations if any, having or claiming an interest or lien upon the premises beginning foreclosed herein., Defendant. X PLEASE TAKE NOTICE that pursuant to the applicable rules of the Civil Practice Law and Rules, including CPLR 3120(1)(i), Defendant, Fausto Cordero, by and through his attorney ELIZABETH M. GARCIA, hereby demand that Plaintiff Federal National Mortgage Association ( Fannie Mae) Corporation Organized and Existing Under the Laws of the United States of America, produce the following things at The Bronx County Supreme Court of the State of New York, located at 851 Grand Concourse, Room 124, Bronx, New York 10451, within 30 days of the date of this Notice. DEFINITIONS AND INSTRUCTIONS 1. Unless other specified, all requests for the production of documents apply for the time period on or about May 24, 2005, through the present. 1 1 of 11
2. The term document shall be given a broad meaning and include every nonidentical copy (i.e., any document which initially was identical in all respects to another document but which is no longer identical by virtue of any notation or modification on the back or margins of pages thereof, or any copies thereof, or by virtue of attachments thereof) of a document. Document also means and includes, without limitation, any written, recorded or graphic matter, whether produced, reproduced, or stored on paper, cards, tapes film, electronic facsimile, computer storage devices, memories, data cells, or other data complications from which information can be obtained, including originals, copies and drafts, including but limited to papers, books, advertisements, projections, accounting books, accounting ledgers, surveys, letters, tangible things, correspondence, telegrams, cables, telex messages, memoranda, notes, notations, work papers, manuscripts, minutes, reports, recordings of telephone conversations, interviews, conferences, or other meetings, affidavits, statements, appraisals, estimates, projections, charts, schedules, work sheets, proposals, contracts, agreements, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, computer print outs, data processing, output and input, microfilms, all other records kept by electronic, photographic, or mechanical means, and all other such things similar to the foregoing, however demonstrated, and or all matter or material affixed to any of the above. 3. In responding to these document request, you are too identify all documents and other things in your possession, custody and control, including all documents and other things, in the possession, custody and control of persons acting on your behalf. 4. The term person(s) acting in your behalf includes but is not limited to your representatives, attorneys, agents, employees, investigators, appointees, whether they are hired retained, or appointed by you, your attorneys or his representatives. 5. The term person, as used herein, shall be deemed to include, in the plurals singular, any person, firm, association, partnership joint venture, corporation, or other entity, unless the context otherwise indicates. 2 2 of 11
6. And as well as or shall be constructed whether disjunctively or conjunctively, and the singular shall be deemed to include the plural and vice versa, as necessary to bring within the scope of each of each interrogatory and all documents and other things which might otherwise be constructed to be outside the scope of the interrogatory. 7. The word identify or identify when used herein with reference to a person, means that you are too give the person s full name, all known business addresses, all known telephone numbers. 8. The term communication as used herein, shall mean any oral, written or manner of transmission or transfer of information. 9. If you cannot not answer for the following request for production in full after exercising due diligence in attempting to secure the information available to you at the date of your response to these interrogatories or requests for production, explain why you cannot answer the remainder and state the nature of the information or knowledge that you cannot furnish. 10. In the event that any document or other thing called for by any request for production has been destroyed, discarded or otherwise disposed of, that document or other thing is to be identified as completely as possible, and the following information is to be provided: date of disposal, manner of disposal, reason for disposal, person authorizing the disposal, and person disposing of the documents or other thing. 11. If you claim that the attorney-client privilege and or attorney work product doctrine is applicable any documentation or other thing, you shall, with respect to that document or other thing, you shall with respect to that document or other thing: a. state the date of the origination, draft, making or taking therefore; b. identify each and every author, maker or originator thereof; 3 3 of 11
c. identify each and every person from whom the document or other thing was received; d. state the present location of the documents other thing and all copies thereof; e. identify each and every person who has or ever had possession, custody, or control of the document or other thing or any copy thereof, and; f. provide sufficient information concerning the documents or other thing and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. 12. If you are asked to identify a document as define in paragraph 7 above, for each document please state the following: a. A specific description of the document and the sum and substance of the content thereof; b. The date the document was prepared; c. The identify of each person signing or executing the document; d. The date on which such person signed or executed the document; e. The identify of the person who prepared the document or who aided or assisted in the preparation of said document; 13. With respect to the communications referred to herein you are requested to state: a. The identify of each person who made the communication; b. The identity of each person to whom communication was made; c. The identity of each person who was present during each communication or who received a copy of each communication. 14. The foregoing request for production are deemed continuing in nature so as to require reasonable supplemental answers if you obtain further information between the time your answers are served and the time of trial. 4 4 of 11
15. The term Note and Mortgage shall refer to both individually and or collectively, the Note and Mortgage executed on or about May 24, 2005, by the Defendant in the principal amount of $335,000, as well as all amendments, addendas, riders and allonges attached thereto. DOCUMENT REQUESTS 1. Unredacted and true copies of all documents that support Plaintiff s alleged ownership of the Notes and Mortgages being foreclosed as per the Plaintiff s Complaint in this action. 2. All documents that controvert the Plaintiff alleged ownership of the Notes and Mortgages being foreclosed in the Complaint. 3. Certified, true and unredacted copies of the original Notes and Mortgages, with each and every intervening endorsement evidencing each and every assignment, conveyance and/or transfer, whether in blank or otherwise, along with certified copies of each and every assignment affecting or concerning said Notes and Mortgages. 4. Certified, true and unredacted copies of all Underwriters Transmittal Summary Form 1009 pertaining to the loan commitment that resulted in the issuance of the notes and Mortgages being foreclosed. 5. A written description of all loan numbers and mortgage identification numbers employed by or associated with the Mortgage and the Note being foreclosed in this action or relating to each mortgage bank, mortgage servicer, trust or any other owner and/or holder of the Notes and Mortgages being foreclosed herein. 6. Certified, true and unredacted copies of the entire mortgage file, loan file, servicing file and collateral file and all its contents including all loan documents, all printouts of all 5 5 of 11
computer records pertaining to the mortgages and notes, and all documents, executed by the Defendants at the time the Noted and Mortgages were closed, including all loan applications, bank personnel memos, handwritten notes, comments, draft, loan commitment letters, underwriter s transmittal forms, written authorizations and/or all other writings drafted by bank personnel or the Defendant prior to, contemporaneous with and subsequent to the closing of the notes and Mortgages. 7. Certified, true and unredacted copies of all documents showing, referring to the exact date when the Notes and Mortgages were first conveyed, assigned, transferred or otherwise sold the Defendant s Notes and Mortgages to the Plaintiff. 8. Certified, true and unredacted copies of all documents evidencing the complete chain of title to the Notes and Mortgages executed by the Defendant and allegedly acquired by the Plaintiff. 9. Certified, true and unredacted copies of all original receipts and/or transfer documents evidencing the delivery of the mortgage file containing the original Notes and Mortgages executed by the Defendants, to each and every intervening owner or holder of the notes and mortgages, including delivery to the Plaintiff. 10. Certified and true and unredacted copies of all logs, schedules, bulk sale index tables of content or like documents, relating to the sale or conveyances of the Notes and Mortgages executed by the Defendant. 11. Certified and true and unredacted copies of all payment documents, checks, drafts, bank wire transfer receipts or other evidence witnessing and/or showing all payments made by the Plaintiff as consideration for the Notes and Mortgages and by each holder or owner of the Notes acquired by the Plaintiff. 12. Certified, true and unredacted copies of all documents, including assignments, contracts, loan purchasing agreements and credit default swaps showing the exact date 6 6 of 11
and manner by which the loan originator conveyed its interest(s) in the Defendants' Notes and Mortgages to its successors including the plaintiff and all prior holders and owners of the Notes and Mortgages. 13. Certified, true and unredacted copies of all documents, including any assignments, showing the exact date and manner by which the Plaintiff acquired a financial interest, if any in the Note and Mortgages executed by the Defendant. 14. All insurance policies, including any credit default swaps, insuring the payment of the Note Notes and Mortgages being foreclosed, whether such policy insures the Notes and Mortgages individually or as part of a bulk transfer. 15. All Powers of Attorney granting authority to act to any person executing any of the documents requested herein affect the ownership or transfer of the notes and Mortgages that the Plaintiff seeks to foreclose. 16. All documents that purport to grant authority to any person to sign any of the documents referred herein. 17. The notary registration book for any public notary who certified the signature of any person on any documents referred herein. 18. All documents or records maintained by any duly appointed document custodian who accepted delivery or acknowledge receipt of any documents referred to herein on behalf of an owner or assignee of the Defendants Notes and Mortgages. 19. All documents relied upon in preparing and executing all assignment(s) of the Notes and Mortgages that transferred and/or conveyed said Notes and Mortgages. 20. All documents showing or exhibiting any monetary consideration paid to each assignor by each assignee for each assignment of the Notes and Mortgages including 7 7 of 11
printouts of all electronic documents and/or digital screen image showing any consideration paid for the assignments of the subject Notes and Mortgages. 21. All instructions relied upon in preparing the assignments of the Note and Mortgages including a printout of any electronic documents or part of document and/or digital screen images used in the production of any such assignment. 22. Certified, true and unredacted copies of the Lender s Title Policy with all addendums attached thereto. 23. Certified, true and unredacted copy of the Polling and Servicing Agreement, for the Trust, with all amendments, attachments, schedules and exhibit thereto, if applicable. 24. Certified, true and unredacted copy of the receipt or other written proof of delivery issued by the Trustee or Trust Custodian for the trust upon receiving the original mortgage loan file and collateral file the original Mortgage and Note executed by the Defendant when said file was delivered to the Trustee by the depositor, in the manner by the Pooling and Servicing Agreement, if applicable. 8 8 of 11
PLEASE TAKE FURTHER NOTICE, that all of the above demands are continuing demands and that if any of the above items are obtained after the date of these demands they must also be provided to the Defendant. The undersigned will object at the item of trial of this action to the testimony or other evidence concerning any of the items or information not provided in response to these demands. Dsated: Bronx, New, York August 24, 2016 TO: Christopher Medina, Esq. Rosicki, Rosicki & Associates, P.C. Attorneys for the Plaintiff 51 E. Bethpage Road Plainview, New York 11803 \s\ Elizabeth M. Garcia, Esq. ------------------------------------- Elizabeth M. Garcia, Esq. Attorney for Defendant PO Box 610232 Bronx, New York 10461 917.335.4803 9 9 of 11
SUPREME COURT: STATE OF NEW YORK COUNTY OF BRONX X Index No: Federal National Mortgage Association ( Fannie Mae) Corporation Organized and Existing Under the Laws of the 32209/2016E United States of America, Plaintiff, vs. Fausto Cordero, et al.,, Defendant. Defendant Notice to Produce ELIZABETH M. GARCIA, ESQ. Attorney for Defendant, Fausto Cordero PO Box 610232 Bronx, New York 10461 917.335.4803 To: Christopher E. Medina, Esq. Rosicki, Rosicki & Associates, P.C. Attorneys for the Plaintiff 51 E. Bethpage Road Plainview, NY 11803 516.741.2585 Clerk of the Supreme Court Bronx County 10 10 of 11
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