IN THE CIRCUIT COURT OF WOOD COUNTY, WEST VIRGINIA. Plaintiffs, Civil Action No. 13-C-224 (J.D. Bean, Judge)

Transcription

1 IN THE CIRCUIT COURT OF WOOD COUNTY, WEST VIRGINIA JUDY HARRIS and WILLIAM HARRIS, v. Plaintiffs, Civil Action No. 13-C-224 (J.D. Bean, Judge) WELLS FARGO FINANCIAL WEST VIRGINIA, INC., and WELLS FARGO BANK, N.A., d/b/a WELLS FARGO HOME MORTGAGE, Defendants. PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANTS Plaintiffs, by counsel and pursuant to Rules 33 and 34 of the Rules of Civil Procedure, respectfully requests that You answer the following interrogatories separately and fully in writing under oath within thirty (30) days of the date of service hereof. In answering these interrogatories, furnish all information available to you, including information in the possession of your attorney, their investigators, or any person acting on your behalf and not merely such information as is known of your own personal knowledge. If you cannot answer any part of these interrogatories in full after exercising due diligence to secure the information requested, so state and answer the remainder as fully as possible, stating whatever information or knowledge you have concerning the unanswered or partially answered portion. These interrogatories are to be considered to be continuing and you are requested to provide, by way of supplementary answers, such additional information as you or any person acting on your behalf may obtain that will augment or modify your initial answers. Please treat these interrogatories as requests for production of documents under Rule 34, West Virginia Rules

2 of Civil Procedure, where specific requests for production are made. As used herein, the following terms shall have the meanings indicated below: (a) "Person" means natural person, corporation, partnership, sole proprietorship, union association, federation, and any other kind of entity. (b) "Document" means any printed, typewritten, handwritten or otherwise recorded matters of whatever character, including without limitation: letters, minutes, purchase orders, bills, memoranda, telegrams, notes, catalogs, brochures, diaries, reports, calendars, interoffice communications, statements, announcements, photographs, tape recordings, motion pictures, and any carbon or photographic copies of such material if defendants do not have custody or control of the originals. In responding to these interrogatories, please comply with the following: (a) In each question wherein you are asked to "identify" a person, state with respect to each such person his or her: (1) name, (2) last known address and telephone number, (3) last known business address and telephone number, (4) last known employer, together with said employer's address, and (5) relationship to you. (b) In each question wherein you are asked to "identify" a document, state with respect to each such document: (1) its date, (2) the person originating it, (3) its current location, (4) the person in whose possession or under whose control the document is, and the relationship of said person to you, and (5) any other information necessary to identify the document sufficiently so that any appropriate formal motion to produce may, if necessary, be made. (c) If any document requested to be produced was but is no longer in defendants possession or control, or is no longer in existence: (1) state whether it is: (a) missing or lost, (b) destroyed, (c) transferred

3 voluntarily or involuntarily to others, and if so, to whom, or (d) otherwise disposed of; and (2) with respect to each such document and disposition: (a) explain the circumstances surrounding an authorization for such disposition and the approximate date thereof, and (b) state any information available to you which might be helpful in locating originals or copies of the documents in question. If you assert any privilege with respect to any document, with respect to each such document: (1) identify it, (2) state the basis for the claim of privilege, (3) describe fully the circumstances of the document's disposition, including identifying all persons whom you believe have or may have seen it or become acquainted with its contents. INTERROGATORIES 1. Please describe in detail every communication between yourself and the Plaintiffs. In response to this interrogatory, please state the name and job title of the person communicating with said Plaintiff, a summary of the communication, and the date on which said communication occurred. 2. Do you have any insurance or surety bond policy that may cover the acts/omissions alleged in the Plaintiffs complaint, including any policy for which coverage has been denied? Please produce a copy of the declaration page for each such policy and/or the denial of coverage letter from the insurance company and/or copy of the surety bond. If a bond exists, please state if any payments have been made out of the bond, the amount(s) of said payments, the date(s) of said payments, and the date(s) of the conduct covered by said payments.

4 3. Please identify by full name and address the holder of the Plaintiffs loan and, if applicable, the full name of the pool in which the Plaintiffs loan is located. If the originating lender is not the current holder, please describe the transactions, including the time, date, agreements, and parties involved, that resulted in the Plaintiffs loan being held by its current holder. 4. If the originating lender is not the current servicer of the loan, please describe the transactions, including any written or oral agreements, that led to the current servicer servicing the loan and/or any intervening transfer of servicing rights. 5. Who has possession of the original note? 6. Please identify all individuals who may have knowledge of the facts of this case, and provide each individual s name, contact information, and the facts of which they have knowledge. 7. Please identify each individual that you plan to use as an expert in this litigation, the topics about which the expert may testify, the conclusions that the expert has reached and the

5 basis for said conclusions, the expert s qualifications, including a list of all cases in which the expert provided testimony in the past five years and all publications authored by the expert in the past ten years, and all items the expert consulted in reaching his/her conclusions. 8. Did/do you have a written agreement with one or more entity at any point from the origination of the Plaintiffs loan to the present, which would govern any party s conduct in relation to the solicitation, origination, purchase, assignment, or servicing of Plaintiffs loan (including, but not limited to a purchase contract or pooling and servicing agreement)? If so, please identify and describe each responsive agreement, including the title, date, and substance of the agreement, and produce a copy of said agreement, as requested in Plaintiffs Request to Produce Documents. 9. Please list every late fee that was assessed to Plaintiffs account, including the date the fee was assessed and the amount that was assessed on said date. If you respond by referring to a document produced in discovery, please specifically identify that document and explain how it responds to this interrogatory. 10. Please list every fee that was assessed to Plaintiffs account for payment by Plaintiffs, excluding late fees, including the date the fee was assessed, the amount that was assessed on said date, and the purpose of said fee. If you respond by referring to a document

6 produced in discovery, please specifically identify that document and explain how it responds to this interrogatory. 11. Please provide a breakdown and explanation of the purpose of every fee assessed against the borrowers at the loan closing, as reflected on the settlement statement, including but not limited to document preparation fees. If you respond by referring to a document produced in discovery, please specifically identify that document and explain how it responds to this interrogatory. 12. In the ten years preceding the filing of this suit, has the holder, loan servicer, or lender been the subject of a civil or criminal complaint or other proceeding by the Securities and Exchange Commission or other federal agency? If so, please state (a) the name of the entity that was the subject to the complaint; (b) the name of the agency, style of the proceeding(s), and date(s) of the proceeding(s); (c) the subject of the complaint, including whether defrauding investors with mortgage related investments was part of the proceeding, and (d) the result of the proceeding, including any fines or monetary settlement resulted from the proceeding, specifying the amount and type of relief. 13. Please describe in detail every communication between yourself and any third party regarding Plaintiffs account, including any calls made pursuant to a skip tracing system

7 and contacts made in an attempt to reach Plaintiff, including contacts in which the details of Plaintiffs account was not discussed, such as to Plaintiffs places of employment or relatives. In response to this interrogatory, please state the name and job title of the person communicating with said individuals, a summary of the communication, and the date on which said communication occurred. 14. Please list the names, addresses, and phone numbers of the borrowers for each loan originated by Defendant lender or broker using the appraiser used for the origination of the subject loan and state the total number of appraisals completed by said appraiser for your company. 15. Please list all West Virginia appraisers used for the origination of loans by Defendant lender or broker during the year in which Plaintiffs loan was originated. 16. Have any independent contractors or any other entities been engaged to prepare documentation relating to the subject loan (note or security instrument) from the date of application to the present, including but not limited to after default? If so, please identify said documents, said individuals/entities, and the date on which the documentation was prepared.

8 17. Please describe all statements/reports that you have made to credit reporting agencies (including, but not limited to, Equifax, Experian, and TransUnion) regarding Plaintiffs account, including the dates that such statements/reports were made, the substance of the statements/reports, and the recipient of such statements/reports. 18. What compensation did the loan officer receive for originating the subject loan? 19. Please describe in detail any any claim or request for indemnification, loan repurchase/buy-back, or contribution of any entity in regards to the subject loan, including the date of the request, the entity to which the request was made, any communications regarding said request, and the outcome of said request. 20. Please identify any regulation, statute, policy, procedure, guideline, or other authority that would limit or prohibit you from settling this litigation for a loan modification or other relief without submission of income or other documentation from the Plaintiff. 21. For the period of 24 months prior to the filing of the Complaint in this case, please identify how many (a) loan modification requests you received; (b) trial loan modifications you granted; and (c) permanent loan modifications you granted.

9 REQUEST FOR PRODUCTION OF DOCUMENTS Please produce all responses in disk and paper format. 1. Please produce copies of all contracts or documents evidencing any agreements, including any purchase contract or pooling and servicing agreement, between the Plaintiffs and Defendant and/or the Defendant and any other entity (such as the lender or servicer) involved in the subject loan transaction. 2. Please produce copies of all loan (or sale) contracts, originating documents, loan applications, underwriting documents (including underwriting checklists and reviews), rate sheets, credit matrices, memoranda, disclosure statements, appraisals, security agreements, credit reports, financing statements, credit information forms, and other instruments evidencing or related to the loan transactions involving the named Plaintiffs and Defendants. 3. Please produce copies of all account records for Plaintiffs loan(s) with Defendant, including a detailed statement of account and/or payment history listing application of payments and assessment of any fees or charges (including documents or computer screen printouts such as a loan history and corporate advance history). Please include any document that describes, identifies, or explains the meaning of the codes used in said records.

10 4. Please produce copies of records of all contact regarding the Plaintiffs account, including, but not limited to: (i) communication logs, servicing notes, and letter log/letter writer histories from each department (loss mitigation, collections, etc.); (ii) copies of all notices, correspondence, statements, or documents of any kind sent by any Defendant to the named Plaintiffs or her agents; (iii) any audio recordings of contact with Plaintiffs. Please provide said records in both paper and the original electronic format. Please include any document that describes, identifies, or explains the meaning of the codes used in said records. 5. Please produce copies of records of all communications regarding Plaintiffs account, including but not limited to internal communications within your organization, and including but not limited to memoranda, s, facsimiles, and notes of phone contact. 6. (a) Copies of any and all documents that relate to any complaints that have been made about you to any local, state or federal government agency or any organization in the past ten years. (b) Copies of any civil or criminal complaints involving the same general context or subject matter as the transaction that is the subject matter of this action pending against you in the United States in the last three years.

11 7. (a) Copies of all federal and state income tax returns including all schedules and/or attachments beginning ten years ago and continuing to the present; (b) Copies of a detailed statement of the (i) net worth and (ii) an income statement; and (c) SEC filings of the defendant and its affiliate companies for each of the last six years. 8. Copies of any documents concerning or related to the securitization or transfer of the subject loan(s), if applicable, including but not limited to the following: (a) the applicable Pooling and Servicing Agreement, along with any exhibits and attachments; (b) any Prospectus; (c) all benchmark/guidelines for servicer performance; (d) pricing information related to the loan s purchase; and (e) formulas supporting said pricing. 9. Copies of (a) any and all assignments, recorded or unrecorded; (b) any power of attorney relied on by any party to transfer or assign Plaintiffs loan or loan documents; (c) any MIN summary, MILESTONES report, MIN Audit and/or MIN Transfer Audit for the loan. 10. Copies of any exhibits which you may offer at the trial of this matter.

12 11. Copies of any other writings or documents in the control of the Defendants relevant to the subject matter of this action. 12. Make available for viewing the original of the loan document (i.e. Note) executed by Plaintiffs together with any endorsements and/or allonges. 13. Any document indicating the ownership status of the promissory note at any time from the origination of the loan, identifying the actual owner(s) and the date(s) ownership was acquired. 14. Copies of all reports by an expert prepared for this litigation, including the expert s qualifications and the basis of the expert s opinions, as well as copies of any documents consulted by the expert in preparing the report. 15. Please produce copies of all servicing guidelines and procedures that have applied to the servicing of Plaintiffs loan during the time the responding Defendant serviced the loan, including all procedures related to force-placing insurance, the assessment of fees, the application of payments, and contacts with borrowers.

13 16. Please produce any internal guidelines, procedures, or other documents governing the loan modification, forbearance, or loss mitigation process for loans serviced by Defendant during the period in which it serviced Plaintiffs loan. Documents should include, but are not limited to, any approval signing authorization guidelines, procedures for collection agents, procedures or guidelines for negotiators and/or the workout group, and guidelines and/or manuals for any computerized system utilized in the loan modification process. 17. Please produce any documents relevant to loss mitigation (including loan modification, forbearance, short sale, deed in lieu, or other programs) for the loan that is the subject of this action during the period from the time Defendant began servicing Plaintiffs loan to the present, including but not limited to underwriting documents for any loss mitigation effort on Plaintiffs loan, the applicable investor guidelines for loss mitigation on the subject loan, screen shots for any loan modification and/or loss mitigation effort started on this loan such as those screens relating to Plaintiffs income qualifications, internal notes regarding loss mitigation on Plaintiffs account, documents mailed to or received from Plaintiffs regarding loss mitigation efforts, and/or signed loss mitigation agreements. 18. Please produce any documents consulted in the preparation of the answers to Plaintiffs first set of interrogatories.

14 19. Please produce copies of all valuations, including, but not limited to, appraisals and broker price opinions (both prior to and post-closing), of Plaintiffs property in Defendant s possession; all reviews conducted of said valuations; all documents related to said valuations including but not limited to appraisal/valuation order forms, appraisal/valuation underwriting or review checklists, and communications with third party vendors or appraisers related to the subject property and/or loan; and appraisal guidelines or standards provided to third party vendors and/or used internally for the year in which the loan was originated. 20. Please produce (a) copies of all written communications between Defendants or internally between employees, contractees, or agents of any Defendant regarding Plaintiffs loan, including s, facsimile transmissions, and letters; and (b) copies of all communication logs regarding communications between Defendants or internally between employees, contractees, or agents of any Defendant regarding Plaintiffs loan. 21. Please produce copies of all documents relating to or including foreclosure information regarding Plaintiffs account. 22. Please produce copies of all guidelines, policies, or procedures relating to foreclosure, eviction, and REO in place beginning from the first date that Defendant claims that

15 Plaintiffs was in default on the loan until the present. 23. Please produce all documents in your possession that contain anywhere on the document (i) one or both Plaintiffs names; (ii) Plaintiffs loan number; and/or (iii) Plaintiffs property address. 24. Please produce all guidelines, procedures, or policies relating to the solicitation of loan customers for new loans with Defendant during the time period of Plaintiffs loan(s). 25. Please produce copies all computerized records regarding Plaintiffs loan, including, but not limited to, those records describing the loan history, the borrowers on the loan, major events for the loan, and set-up screen prints. 26. Please produce copies of the complete mortgage loan file and loan journal notes for any loan considered by Defendant, with Plaintiffs as a borrower and/or with the subject property as the security interest. This request includes documents for all loans that were ultimately originated as well as all loans for which Defendant took an application. 27. Please produce copies of all property inspections, property inspection invoices,

16 and correspondence regarding property inspections of Plaintiffs home. 28. Please produce all policies and procedures in place from the date of origination of Plaintiffs loan to the present relating to quality assurance and prevention of error in the servicing of loans. 29. Please produce any document or agreement relating to or evidencing the transfer of ownership or servicing rights of the subject loan between any entity involved in the ownership, trusteeship, or servicing of the loan. 30. Please provide copies of all invoices for all fees charged as listed on the settlement statement for closing of the loan including invoices for all document preparation fees. 31. Please produce all policies, procedures, and guidelines that governed the origination and underwriting of the subject loan, and the rate sheets for the month of the loan. 32. Please produce the personnel file for the originating loan officer, the compensation plan for the originating loan officer, any document reflecting the compensation received by said

17 loan officer for the month in which Plaintiffs loan was originated, any document reflecting the compensation received by said loan officer for Plaintiffs loan, any evaluations of the originating loan officer, and the employee handbook and/or training materials for originating loan officers. 32. Please produce the personnel file for the underwriter(s) for the subject loan, the compensation plan for the underwriter(s), any document reflecting the compensation received by said underwriter for the month in which Plaintiffs loan was originated, any document reflecting the compensation received by said underwriter for Plaintiffs loan, any evaluations of the underwriter(s), and the employee handbook and/or training materials for underwriter(s) at the time of origination of Plaintiffs loan. 33. Please produce any documents related to any surety bond and/or insurance policy that might provide coverage for the conduct alleged in the Complaint, any documents relating to any claim made on said bond or policy for the conduct alleged by Plaintiff, and any documents relating to any claim made for any similar conduct alleged by other individuals during the year(s) of the conduct alleged in Plaintiffs Complaint. 34. Please produce copies and/or screen shots of any account notes regarding Plaintiffs loans.

18 35. Please provide copies (electronic printouts or otherwise) of any electronic or paper file kept on the appraiser(s) or valuation services that conducted the originating appraisal(s) or valuations for the subject loan(s), including but not limited to any notes regarding said individual s/entity s inclusion in an approved or eligible list, any notes regarding said individual s/entity s performance, and/or any notes or statements regarding said individual s/entity s removal from an approved or eligible list. 36. Please provide a copy of any report that can be generated that lists the loans originated by the originating lender using an appraisal by the appraiser used for the origination of the subject loan. 37. Please provide a copy of the list of all West Virginia appraisers used for the origination of loans by the lender or broker of Plaintiffs loan, during the year in which Plaintiffs loan was originated. 38. Please provide a copy of the list of all settlement agents used for the closing of loans by the lender or broker of Plaintiffs loan, during the year in which Plaintiffs loan was originated.

19 39. Please provide a copy of any guidelines, policies, or procedures relating to the approval or selection of settlement agents by the lender or broker of Plaintiffs loan, during the year in which Plaintiffs loan was originated, including any such policy regarding the qualifications required for said settlement agents. 40. Please provide a copy of all order forms or other communications used to order any appraisal or valuation of the subject property. 41. Please produce copies of any documents reflecting communications with credit reporting agencies regarding Plaintiffs account. 42. Any and all responses, including correspondence and documents, received in response to any subpoena, request for statements, or other informal request issued in relation to the present action. 43. Please produce documents showing the hourly rate of your counsel in this case, the fee arrangement between you and your counsel, documents evidencing the time expended in representation of Defendants in this case, documents evidencing the costs incurred in

20 representation of Defendants in this case, and all invoices and payments between you and your counsel in this case. If you claim a privilege for any said documents, please redact and produce an appropriate privilege log. 44. Please provide copies of any statements taken from any witnesses in this matter, including but not limited to transcripts of depositions or sworn testimony by any such witness. Sarah K. Brown (State Bar ID No ) Bren J. Pomponio (State Bar ID No. 7774) Daniel F. Hedges (State Bar ID No. 1660) Mountain State Justice, Inc Quarrier Street, Suite 200 Charleston, WV Telephone: (304) Facsimile: (304) Plaintiff, MICHAEL THOMPSON By Counsel: