Adv Interrogatories Set 1 4 7 2011

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DEBTOR’S INTERROGATORIES SET 1 PROPOUNDED UPON DEUTSCHE BANK NATIONAL TRUSTCOMPANY AS TRUSTEE “RAST 2007-A5

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Gary Harre, ESQ. (Bar No. #86938)Diane Beall, ESQ. (Bar No. #86877)Global Capital Law, PC8700 Warner Avenue Suite 200Phone: (714) 907-4182Fax: (714) 907-4175Email: [email protected]

Attorney for Debtor and Plaintiff,Brian W Davies

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

In re:BRIAN W DAVIES,

Debtor._______________________________BRIAN W DAVIES,

Plaintiff,vs.DEUTSCHE BANK NATIONAL TRUSTCOMPANY TRUSTEE OF THERESIDENTIAL ASSET SECUITIZATIONTRUST 2007-A5, MORTGAGE PASSTHROUGH SERIES 2007-E, UNDER THEPOOLING AND SERVICINGAGREEMENT DATED MARCH 1, 2007,ITS ASSIGNS AND/OR SUCCESSORS ININTEREST; and all persons claiming by,through, or under such persons, all personsunknown, claiming any legal or equitableright, title, estate, lien, or interest in theproperty described in the complaint adverse toplaintiff’s title thereto; and DOES 1-150,Inclusive;

Defendant.

)))))))))))))))))

Chapter 7

BK CASE NO. 6:10-BK-37900ADV. PROCEEDING NO. 6:11-AP-01001

DEBTOR’S INTERROGATORIESPROPOUNDED UPON DEUTSCHE BANKNATIONAL TRUST COMPANY TRUSTEEOF THE RESIDENTIAL ASSETSECUITIZATION TRUST 2007-A5,MORTGAGE PASS THROUGH SERIES2007-E, UNDER THE POOLING ANDSERVICING AGREEMENT DATED MARCH1, 2007

SET ONE

PLEASE TAKE NOTICE that pursuant to Rule 33 of the Federal Rules of Civil Procedure,

made applicable in the above-captioned adversary proceeding pursuant to Rule 7033 of the Federal

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Rules of Bankruptcy Procedure, Defendant DEUTSCHE BANK NATIONAL TRUST COMPANY

TRUSTEE OF THE RESIDENTIAL ASSET SECUITIZATION TRUST 2007-A5, MORTGAGE

PASS THROUGH SERIES 2007-E, UNDER THE POOLING AND SERVICING AGREEMENT

DATED MARCH 1, 2007, ITS ASSIGNS AND/OR SUCCESSORS IN INTEREST (the

“Defendant” or “Deutsche Bank”), by its undersigned counsel, hereby propounds the following

interrogatories (these “Interrogatories”), to be answered by Defendant Deutsche Bank (the

“Defendant”), by an officer or agent empowered to act, and served on the Defendant at the law

offices of Global Capital Law, PC 8700 Warner Avenue Fountain Valley California 92708 or at

such other location as the parties may hereafter agree, on or before the forty-fifth day from the date

hereof.

GENERAL INSTRUCTIONS

1. All information is to be divulged that is in the possession, custody, or control of

the Defendants or any of their attorneys, accountants, auditors, investigators, agents or other

representatives. In answering these Interrogatories, the Defendants must furnish all information

available.

2. If the Defendants cannot answer an Interrogatory in full, despite having exercised

thorough diligence in an attempt to secure the information requested, then the Defendants must

so state, explain to the fullest extent possible the specific facts concerning the Defendants’

inability to answer the Interrogatory and supply whatever information or knowledge the

Defendants have Concerning any unanswered portion of an Interrogatory.

3. If the Defendants’ answer to any Interrogatory is “unknown,” “not applicable” or

any similar phrase or answer, the Defendants must state the following: (i) why the answer to the

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Interrogatory is “unknown”; (ii) the efforts made to obtain answers to the particular

Interrogatory; and (iii) the name and address of any Person who may know the answer.

4. Where an Interrogatory requires the Defendants to state facts they believe support

a particular allegation, contention, conclusion or statement, the Defendants must identify with

particularity all facts relied upon by the Defendants and the Identity of all lay and expert

witnesses who will or may be called to testify concerning those facts.

5. If the Defendants contend that the answer to any Interrogatory is privileged in

whole or in part, or if the Defendants object to any Interrogatory in whole or in part, the

Defendants must state the reasons for such objections and the basis for the assertion of any

privilege and identify each Person having knowledge of the factual basis, if any, on which the

privilege is asserted.

6. Where an Interrogatory answer calls for an answer which involves more than one

part, each part of the answer should be clearly set out so that it is understandable.

7. These Interrogatories are intended as continuing Interrogatories which require that

the Defendants supplement their answers by providing the Defendant with any information as

may acquired by the Defendants or their agents, attorneys or other representatives following the

service of the Defendants’ original answers.

8. Each request to Identify or produce a Document or Documents shall be deemed to

call for the Identification or Production of the original Document or Documents to the extent that

they are in, or subject to, directly or indirectly, the control of the Defendants. In addition, each

request should be considered to include a request for separate Identification or Production of all

copies and, to the extent applicable, preliminary drafts of documents that differ in any respect

from the original or final draft or from each other (e.g., by reason of differences in form or

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content or by reason of handwritten notes or comments having been added to one copy of a

document but not on the original or other copies thereof).

9. In responding to these Interrogatories, the singular form of any word shall be

interpreted as plural and the plural form of any word shall be interpreted as singular whenever

appropriate in order to bring within the scope of any Interrogatory any responses and information

that might otherwise be considered to be beyond its scope.

DEFINITIONS

As used herein, the following definitions apply:

1. And/or. The connectives “and” and “or” shall be construed broadly to bring

within the scope of these Interrogatories all responses and information that might otherwise be

considered to be beyond its scope.

2. Bankruptcy Code. The term “Bankruptcy Code” shall mean title 11 of the United

States Code.

3. Communication. The term “Communication(s)” means information that has been

transmitted or received (in the form of facts, ideas, opinions, inquiries or otherwise), by any

means, including, but not limited to, orally, in writing, electronically, by document, by copy

thereof or otherwise.

4. Complaint. The term “Complaint” means the complaint dated January 2, 2011,

by which the within adversary proceeding was commenced.

5. Concerning. The term “Concerning” means relating to, referring to, describing,

evidencing or constituting, in each case to any (including a de minimis) degree.

6. Date. The term “date” shall mean the exact day, month and year, if ascertainable,

or if not, the best approximation, including the temporal relationship to other events.

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7. Defendant. The term “Defendant” shall mean Deutsche Bank National Trust

Company, Trustee Of The Residential Asset Securitization Trust 2007-A5, Mortgage Pass Through

Series 2007-E, Under The Pooling And Servicing Agreement Dated March 1, 2007, Its Assigns

and/or Successors In Interest

8. Document. The term “Document(s)” means, but is not limited to, every writing,

data, information or record of every type and description, including, but not limited to: originals,

masters and every copy of writings, computer records, electronically stored data files, electronic

mail, handwritings, printed, typed or other graphic or photographic matter or data, files (of any

type), microfilm, video tape, recordings (tape, disc or other), correspondence and

communications, contracts, agreements, purchase orders, invoices, payment vouchers, credit

memos, credit policies, payment receipts, bills of lading, delivery receipts, service tickets, field

service reports, assignments, licenses, purchase orders, invoices, statements, memoranda, notes

(in pencil, ink, typewritten, electronically stored or other), letters, notebooks, reports,

photographs, drawings, tracings, sketches, charts, catalogs, brochures, manuals, guidelines,

advertisements, records of communications oral, written, electronic and otherwise, instructions,

telegrams, telex, studies, surveys, minutes, reports, calendars, inter-office communications, price

lists, bulletins, circulars, statements, summaries, maps, charts, graphs, canceled or voided checks,

bills, statistical data, any other data or information-containing material, information or statistics

contained within any data storage module, tape, disc or other memory device, or other

information retrievable from storage systems and any other item similar to the foregoing, in each

case of any type or medium. The term Document shall also include data compilations from

which information can be obtained and translated, if necessary, through detection devices in a

reasonably usable form as well as any English translation of a document in another language. A

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Document bearing any notation not a part of the original text is to be considered a separate

Document. A draft or non-identical copy is a separate Document within the meaning of this

term.

9. Identify or Specify. As used herein, “identify” or “specify” (or any derivatives

thereof) when used in reference to:

i. a Person who is an individual, shall mean to state his or her full name,

present or last-known residential and business addresses (designating which), and present or last-

known position or business affiliation (designating which), job title, employment address and

present or last-known business and residential telephone numbers (designating which);

ii. a Person who is now in the employ of or associated with the Defendants,

shall mean to state the title or position, the duties and the present residential and business

addresses of each such Person;

iii. a Person who has previously been but is not now in the employ of or

associated with the Defendants, shall mean to state the periods of employment or association of

such Person with the Defendants, the Person’s titles or positions during that period, and the last-

known residential and business addresses of such Person.

iv. a Person who is a firm, partnership, corporation, proprietorship,

association, or other organization or entity, shall mean to state its full name, present or last-

known address (designating which), present or last-known telephone number (designating

which), the legal form of such entity or organization (including state and country of

incorporation or organization), and the identity of its present and former officers, directors,

controlling shareholder(s), employees, agents and staff members; and

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v. data, shall mean to state: (A) in the case of a Document, the title (if any),

the date, the author(s), the sender(s), the recipient(s), the Identification of the Persons signing it,

the type of Document (e.g., a letter, memorandum, book, telegram, chart, etc.) or some other

means of Identifying it, its present location or custodian and whether the Defendants are in

possession of the original, master, or a copy of the Document, and, if not in possession of the

original, master or copy, to furnish the name and last known address of the custodian of the

original, master or copy; (B) in the case of an oral Communication, the date, the subject matter,

the communicator, the recipient of the Communication, the nature and subject matter of the

Communication, whether the Communication was recorded and the identity of any witness

thereto; and (C) in the case of a fact, the source thereof.

10. Parties. As used herein, the terms “Plaintiffs” and “Defendant,” as well as a

party’s full or abbreviated name or a pronoun referring to a party, shall mean the party or parties

and, where applicable, its officers, directors, employees, stockholders, trustees, partners,

predecessors, successors, divisions, corporate parent, subsidiaries, affiliates, member

organizations and agents.

11. Person. The term “Person” shall include without limitations, any natural person,

corporation, proprietorship, partnership, trust, association, joint venture, firm or other business

enterprise or legal entity, and includes both the singular and plural.

12. Petition Date. The term “Petition Date” shall mean August 31, 2010, the date of

the Plaintiffs’ bankruptcy filing.

13. Defendants. The term “Defendants” shall mean Defendant Deutsche Bank

National Trust Company, et al.,

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14. Produce. The term “produce” means to deliver all responsive Documents and

Communications to the Defendant’s counsel at the address set forth above.

15. Transfer(s). The term “Transfer(s)” shall mean each and every transfer sought to

be avoided and recovered by the Defendants through the Complaint.

//

REQUEST FOR INTERROGATORIES

1. Please identify each person who answers these interrogatories and each person (attach

pages if necessary) who assisted, including attorneys, accountants, employees of third party

entities, or any other person consulted, however briefly, on the content of any answer to these

interrogatories. For each of the above persons please state whether they have personal knowledge

regarding the subject loan transaction and the exact nature of that knowledge.

2. Please provide a description of the Corporate Structure of Deutsche Bank National Trust

Company and its parent Company, including all subsidiaries and the relationships between these

entities.

3. State the facts upon which you base the second affirmative defense in your answer to the

complaint in which some or all of the claims in the complaint are barred by the applicable statutes

of limitations.

4. Identify all Persons with knowledge concerning the allegations, conclusions, and claims

of action contained in the Complaint or the Plaintiffs’ answers to these Interrogatories, and state

each fact that is personally known by each Identified Person Concerning the foregoing.

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5. Please identify the document(s) by which the Defendant certified that Plaintiff’s Mortgage

was received, reviewed and examined and appeared normal on its face which would include the

original endorsed Mortgage Note with all intervening endorsements, and an executed assignment

including all intervening assignments to show the complete chain of title.

6. Please identify the Riverside Recorders office Document Number admitted in Complaint

Answer ¶94 that was signed on September 20, 2011 and presented in Defendant’s motion for relief

from Stay and filed in Central District of California Case No. 6:10-bk-37900 [Dockets 29,49].

7. Identify each and every employee, representative or agent of the Defendant Deutsche

Bank who was responsible for servicing, handling or otherwise administering the Plaintiffs’

account(s) in the four years preceding the Petition Date, including a description of the duties

performed by each such Person with regard to the foregoing.

8. Please provide the explanation and supporting evidence in support of your objection of

Plaintiff’s characterization of the allegations in Complaint ¶ 31regarding the hearing on November

18, 2010 and Order from Honorable Thomas B. Donovan. What evidence supports your

contentions?

9. Please provide the explanation and supporting evidence in support of your denial to

Plaintiff's allegations Complaint ¶ 33. What evidence supports your contentions that MERS legally

acted in California as a nominee for Universal American Mortgage Company of California on

September 20, 2010 when MERS assigned to Deutsche Bank National Trust Company as Trustee

the security interest on the Plaintiff’s subject property.


Plaintiff's allegations in Complaint ¶ 40. What evidence supports your contentions that MERS

held the beneficial interest in the note, and what consideration was paid?

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Plaintiff's allegations in Complaint ¶ 60. What supports your contention that the assignment to

Defendant of Plaintiff’s loan to Defendant over two years after the trust closing on March 1, 2007

would not affect the REMIC status or violate the Pooling and Servicing Agreement formed under

New York Laws?

12. Please explain your contentions with supportive evidence the claim as an affirmative

defense in whole or in part by the doctrine of unclean hands.

13. Please identify any party, person or entity known or suspected by Deutsche Bank National

Trust Company or any of your officers, employees, independent contractors or other agents, or

servants of your company who might possess or claim rights under the subject loan or mortgage

and/or note.

14. Did any investor/certificate holder approve or authorize the initiation of foreclosure

proceedings on Debtor/Defendant's property? Describe who noticed the default, on whose

instructions was the trustee instructed to act and what trustee or entity acted. Who held the

security interest at the time the default was noticed? Who was responsible for ensuring

California Code Section 2923.5 requirements were satisfied prior to filing such document?

15. Please explain and list all documents that were sent to Plaintiff as required by 15 U. S. C.

§1641 (g) and mentioned in your Complaint Answer in ¶ 98.

16. Please explain your contention that what claims are barred in whole or in part by the

equitable doctrines of Estoppels or waiver.

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17. State with particularity every fact and legal theory on which the Defendant has relied or

will rely to support the allegation that each Transfer made of Plaintiff’s Deed of Trust along with

the note was legitimate.

Dated: April 7, 2011

____________________________________GARY HARE,Attorney for BRIAN W DAVIESPlaintiff and Debtor