Mers Interogatories

7/31/2019 Mers Interogatories

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MERS Interrogatories (Discovery)

1. Please state the name, address, current employment status, telephone number and the email

address of each person who answered these interrogatories and each person 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 and provide

employment history only for the last 10 years and list degrees and any state or national licensing

numbers.

2. State the type of business organization MERS is, and name every state in the union in which

each is chartered or registered, Include the corporate structure, shareholders, and number of

employees paid from income derived from MERS business model.

3. Please state the date of the first contact and each subsequent contact between your company

and the borrower or the closing agent in the subject loan transactions, the name and address

and telephone number of the person (s) in your company who were involved in that contact, the

manner of the contact (web, telephone, letter, application, solicitation, advertisement etc.). In

Plaintiffs’ mortgage note the MIN: 100039235459719212, ORIGINAL LOAN # 3545971921

4. State the names of all persons or entities, in order of assignment, who at any time were

constructive holders or holders in due course of the promissory note AND DEED OF TRUST

obligating David B. Starkey prior to its alleged assignment to BANK OF AMERICA NA and said

FANNIE MAE REMIC TRUST, and present holders of both the note and security interest. Use the

date 06/17/07 for example to note who was the mortgagee and holder of the note that day and

where was it located. Use 08/27/09 as a second written example.

5. Identify every person with knowledge of any of the facts alleged in the Complaint by Plaintiff,

and for each such person state in detail the facts that such person has or claims to have. This

may include employees of other defendants that may have been included as agents of officersof MERS. Please state all positions held with your company and other defendant companies of

DOES 1-20.

6. Identify every person or entity who has or who had possession, custody or control of any

original documents identified in Plaintiffs’ CAUSE OF ACTION to these interrogatories or in

Requests for Production of Documents served on you contemporaneously herewith, and for

each such person identify the documents the person has or claims to have and the date they

came into such persons possession.

7. State the names, addresses and telephone numbers, employment positions, and relationship to

the parties of any person from whom you have obtained statements or reports concerning the

above entitled matter and give the dates on which such respective statements and/or reportswere obtained.

8. Identify all witnesses you intend to call at trial of this matter, and give a summary of the object

matter of the testimony of each of them.

9. Identify the regulatory authority that governs your conduct or regulates the business. Describe

what internal reviews are done and what mistakes in quality assurance have been seen?

10. As to any of the Request for Admissions which you do not unqualifiedly admit, state:



a. Each fact upon which you base your denial

b. Identify each person who you assert has knowledge of each such fact.

c. Identify each document, record or item upon which you base your denial.

11. Identify and list each letter communication, notice or other written communication relating to

the Subject Property by and between the MERS and any of the following persons and /or

entities, include any fees paid from the source to MERS and the amount.

a. First Magnus Financial Corporation

b. Countrywide Home loans

c. Bank of America

d. Stonecrest title and Escrow Co., LLC

e. Moodys or any other rating agency

f. Deutsche bank national trust company

g. FDIC and any governmental authority

12. Identify the specific person or persons from MERS who authorized or approved any assignments

and the dates of such transfers. Identify any signing agents or employees who would have

conflict with the interests of the Plaintiff David B. Starkey who may work or may have worked

for First Magnus Financial Corporation, Bank of America, Countrywide Home Loans, or lender or

lender assigns.

13. Identify who held possession of the ORIGINAL Promissory Note at the time above entitled action

against David B. Starkey to foreclose the mortgage on or about 08/05/10

14. Identify and describe what, if any, lenders title insurance policy may have been issued to MERS

with regard to the mortgage.

15. Identify and describe in detail any legal cases where MERS was found not to be a “real Party in

Interest”; include the factual and legal basis supporting any of the allegations in the Complaints,

and identify all supporting documents and all persons having personal knowledge of said

allegations.

16. List the cases where MERS was found to be at fault or where properties were awarded to

homeowners. Include a brief description or the case and outcome.

17. Identify who was the holder of the underlying promissory note on 06/01/2010. And who held

the Deed of Trust security interest.

18. Identify and describe in detail the factual and legal basis for any and all claims MERS is asserting

in this action, and identify all supporting documents and all persons having personal knowledge

of said basis.

19. Identify and describe any and all communications by and between MERS and any Defendants or

agent of such prior to commencing the action to foreclose the mortgage in which MERS is

named as “nominee and beneficiary”.

20. Identify the date when MERS was contacted by First Magnus Financial Corporation or other

defendant or defendant agents to assist in assignments to commence the above entitled Notice

of Default against David B. Starkey, Explain the process from initiation to finishing include all

quality assurance oversight.

21. Identify and describe what, if any, communication MERS has had with any defendant since the

above entitled action was commenced by David B. Starkey on May 17, 2011.



22. Identify what, if any, obligation MERS has to pay ANY DEFENDANT legal fees relating to legal

services with regard to the above entitled action that PL AINTIFF has commenced against MERS.

Identify what, if any, other person and /or entity is contractually obligated to pay legal fees to

legal services on behalf of MERS.

23. Explain who had right title and interest to the promissory note 07/29/10. Who was the trustee

of record for the deed of trust? Were there any trustee rights that were held by the alleged

trustee Wilson and Associates, that superseded the rights of the original trustee??

24. Explain the process from origination of the loan to the sale of the property in regards to MERS.

Explain what requirements of formal recording with respect to First Magnus Financial

Corporation and its successors. What requirements would trigger formal recording in a

Tennessee recorder’s office. What is a recordable form?

25. What relationship does FDIC have with MERS? Is it a member? If not then what requirements of

formal recordings when a bank such as First Magnus Financial Corporation is taken over or goes

out of business? Is there a requirement for formal recording in the county records office?

26. Please state the name, address, company, subsidiary, phone number and email address of the

persons or entities that are entitled, directly or indirectly to the stream of revenue from the

borrower in the subject loan.

27. Please state the names, addresses, company, subsidiary, phone numbers and email addresses of

any party, person or entity known or suspected by you or any or your officers, employees,

independent contractor, or other agents, or servants of your company who might possess or

claim rights under the subject loan or mortgage and /or note.

28. Please identify the custodian of the records or Master Document Custodian (MDC). Including

name, address, company, subsidiary, phone number and email address that would show all

entries regarding the flow of funds, regarding the closing on the subject loan transaction. If this

person does not have personal knowledge of the transaction, then please identify in like fashion

the person who worked for your company and had custody of the accounting or bookkeeping

registers or records identifying said flow of funds in the closing of the subject loan transaction.

Flow of finds, means (a) any record of money received, including TARP funds, , federal bailout

monies and insurance monies (b) any record of money paid out and (c) any bookkeeping or

accounting entry, general ledger and accounting treatment of the subject loan transaction at

your company including but not limited to whether the subject loan transaction was ever

entered into any category on the balance sheet at any time or times, whether any reserve for

default was ever entered on the balance sheet , and whether any entry, report or calculation

was made regarding the effect of this loan transaction on the capital reserve requirements of

your company. It also includes any item, entry, calculation or note to any category on either the

balance sheet or the income statement of your company whether in draft form, or in final form.

29. Please identify the custodian of the records or MDC, including name, address, company,

subsidiary, phone number and email address that would show all entries recording the flow of

funds regarding the subject loan transaction after closing of the subject loan transaction. If this

person does not have personal knowledge of the transaction, then please identify in like fashion

the person who worked for your company and had custody of the accounting or bookkeeping



registers or records identifying said flow of funds after or before the closing of the subject loan

transaction. Flow of funds, means (a) any record of money received, including TARP funds,

federal bailout monies and insurance monies (b) any record of money paid out and (c) any

bookkeeping or accounting entry, general ledger and accounting treatment of the subject loan

transaction at your company including but not limited to whether the subject loan transaction

was ever entered into any category on the balance sheet at any time or times whether any

reserve for default was ever entered on the balance sheet, and whether any entry, report or

calculation was made regarding the effect of this loan transaction on the capital reserve

requirements of your company. Please identify the name, address, company name, subsidiary,

phone number and email address of the auditor and/or accountant of your financial statements

or tax returns.

30. If you will claim that the original promissory note to be lost or destroyed, please provide a

detailed explanation of how this occurred, the date it occurred and who was the last person to

have possession of the original promissory note.

31. Please identify the name, address, telephone number and email address of any person who

served as an officer or director with your company commencing with 6 months prior to closing

or the subject loan transaction through the present. This interrogatory is limited only to those

people who had knowledge, responsibility, or otherwise made or received reports regarding

information that included the subject loan transaction, and/or the process by which solicitation,

underwriting and closing or residential mortgage loans, or the securitization sale, transfer or

assignment or hypothecation of residential mortgage loans to third parties.

32. Please provide the identification of any computer system which is/was used in the storage of

any electronic records related to the subject loan.. Provide the Software product name and

version; the database product used and version (such as Oracle); any reporting software product

name; the Operating System name and version.

33. Please identify the name, address, telephone number and email address of any person who

served as the CIO (Chief Information Officer) or CTO, Database Director/Manager, Database

Administrator, Auditor and Systems Administrator for any Information Technology product

identified above.

34. Please identify the name, address, company, subsidiary, phone number and email address of

any trustee related to the subject loan or the trust the subject loan or security interest is within,

and identify the name of the trust.

35. Identify the insurance company which provides you with D&O insurance (Directors and Officers

Insurance) and the policy number.