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Production of Documents Interrogatories and Admissions

DEFENDANTS MOTION REQUESTING PLAINTIFF TO PRODUCE DOCUMENTS,

INTERROGATORIES AND ADMISSIONS

COMES NOW DEFENDANT, XYZ, and files this Motion requesting Plaintiffs, ABC, in its capacity

as the Lender as per the Mortgage Deed dated 28th February 2008 to produce the Documents,

Interrogatories and Admissions.

Request for Production of Documents

Pursuant to the New York Civil Practice Law and Rules Section 3120 the Defendant, Andy Havilar

hereby request that the named Plaintiff, Option One Mortgage Corporation to produce the following

documents for inspection and copying at a location within the venue of the Supreme Court of the

Kings County, New York, within thirty days of this request. Andy Havilar asks to be informed of the

date, time and place where the requested documents can be copied by her or her agent or in the

alternative, Option One Mortgage Corporation may furnish a legible, true and correct copy of each

requested documents to Andy Havilar at her mailing address as given below except for the requested

Promissory Note are to be served upon Andy Havilar within thirty (30) days after service of this

request for production of documents.

Andy Havilar request the Counsel purporting to represent Option One Mortgage Corporation, within

30 days of this request for production of these documents, set a hearing with the Court for viewing of

the original Promissory Note.

Instructions to Request for Production of Documents

1. This request for production of documents is directed towards all information known or available to

Option One Mortgage Corporation including information contained in the records and documents in

Option One Mortgage Corporations custody or control or available to Option One Mortgage

Corporation upon reasonable inquiry. Where requested documents does not exist please state the

documents does not exist.

2. Each request for production of documents is to be deemed a continuing one. If after serving any

requested document, an authorized officer of Option One Mortgage Corporation obtains any further

documentation pertaining to that request for production, Option One Mortgage Corporation is

requested to serve a supplemental answer setting forth copies of additional documents.

Definitions

1. Option One Mortgage Corporation includes any and all persons acting in concert with Option One

Mortgage Corporation.

2. “Document” includes every piece of paper held in Option One Mortgage Corporations possession

or generated by Option One Mortgage Corporation.

3. “GSE” means Government Sponsored Entity.

4. “MERS” means Mortgage Electronic Registration System.

5. “Nominal Lender” means and includes the Special Purpose Entity which has been constituted by

the Option One Mortgage Corporation.

6. “Andy Havilar” includes all nick names, pseudonyms and / or misnomers in any paper or

documents referencing the Defendant or any liability or obligation attributable to him, including

Andy A. Havilar

Documents Requested

1. Subject to the foregoing conditions, produce the original Promissory Note alleged to have been

signed by Andy Havilar as per the loan bearing No: 339994918. If none, state “none”.

2. Produce the Order relieving Mr. Leo S. Ortega as the Vice President of Deutsche Bank on or after

19th June 2007 which entitle him to join as the Vice President of Option One Mortgage Corporation

and to sign the Affidavit of Merit and the Amount Due on behalf of Option One Mortgage

Corporation on 38th June 2007. If none, state “none”.

3. Produce if any certified or uncertified security used for the funding of this account. If none, state

“none”.

4. Produce any and all "Pooling Agreement(s)" between the nominal lender at the loan closing and

any party or parties who could claim an interest in the loan closing or documents pertaining thereto

and any GSE or other party. If none, state “none”.

5. Produce any and all "Deposit Agreement(s)" between the nominal lender at the loan closing and



6. Produce any and all "Servicing Agreement(s)" between the nominal lender at the loan closing and



7. Produce any and all "Custodial Agreement(s)" between the nominal lender at the loan closing and



8. Produce any and all "Master Purchasing Agreement(s)" between the nominal lender at the loan

closing and any party or parties who could claim an interest in the loan closing or documents

pertaining thereto and any GSE or other party. If none, state “none”.

9. Produce any and all "Issuer Agreement(s)" between the nominal lender at the loan closing and any

party or parties who could claim an interest in the loan closing or documents pertaining thereto and

any GSE or other party. If none, state “none”.

10. Produce any and all "Commitment to Guarantee Agreement(s)” between the nominal lender at

the loan closing and any party or parties who could claim an interest in the loan closing or documents


11. Produce any and all "Release of Document Agreement(s)” between the nominal lender at the loan



12. Produce any and all "Master Agreement for Servicer’s Principal and Interest Custodial Account"

between the nominal lender at the loan closing and any party or parties who could claim an interest in

the loan closing or documents pertaining thereto and any GSE or other party. If none, state “none”.

13. Produce any and all "Servicer's Escrow Custodial Account" between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan closing or documents


14. Produce any and all "Release of Interest Agreement(s)” between the nominal lender at the loan



15. Produce any and all “Trustee Agreement(s)” between the nominal lender at the loan closing and


and trustee(s) regarding this account or pool accounts with any GSE or other party. If none, state

“none”.

16. Produce any and all document(s) evidencing any trust relationship regarding the Mortgage or and

any Note in this matter. If none, state “none”.

17. Produce any and all document(s) establishing any Trustee of record for the Mortgage or and any

Note in this matter. If none, state “none”.

18. Produce any and all document(s) establishing the date of any appointment of Trustee for the

Mortgage or and any Note, including any and all assignments or transfers or nominees of any

substitute trustees(s). If none, state “none”.

19. Produce any and all document(s) establishing any Grantor for this Mortgage or and any Note in

this matter. If none, state “none”.

20. Produce any and all document(s) establishing any Grantee for this Mortgage or and any Note in

this matter. If none, state “none”.

21. Produce any and all document(s) establishing any Beneficiary for this Mortgage or and any Note

in this matter. If none, state “none”.

22. Produce any and all document(s) evidencing the Mortgage. If none, state “none”.

23. Produce all data, information, notations, text, figures and information contained in your mortgage

servicing and accounting computer systems including, but not limited to Alltel or Fidelity CPI

system, or any other similar mortgage servicing software used by you, any servicers, or sub-servicers

of this mortgage account from the inception of this account to the date written above. If none, state

“none”.

24. Produce all descriptions and legends of all Codes used in Option One Mortgage Corporations

mortgage servicing and accounting system so as to enable the examiners and auditors and experts

retained to audit and review this mortgage account to properly carry on their work. If none, state

“none”.

25. Produce all assignments, transfers, allonge, or other documents evidencing a transfer, sale or

assignment of this mortgage, deed of trust, monetary instrument or other document that secures

payment by Andy Havilar to this obligation in this account from the inception of this account to the

present date including any such assignment on MERS. If none, state “none”.

26. Produce all deeds in lieu, modifications to this mortgage, monetary instrument or deed of trust

from the inception of this account to the present date. If none, state “none”.

27. Produce the front and back of each and every canceled check, money order, draft, debit or credit

notice issued to any servicers of this account for payment of any monthly payment, other payment,

escrow charge, fee or expense on this account. If none, state “none”.

28. Produce all escrow analyses conducted on this account from the inception of this account until

the date of this letter. If none, state “none”.

29. Produce the front and back of each and every canceled check, draft or debit notice issued for

payment of closing costs, fees and expenses listed on any and all disclosure statements including, but

not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit life insurance

premiums, hazard insurance premiums, commissions, attorney fees, points, etc. If none, state “none”.

30. Produce front and back copies of all payment receipts, checks, money orders, drafts, automatic

debits and written evidence of payments made by Andrea Davilar or others on this account. If none,

state “none”.

31. Produce all letters, statements and documents sent to Andy Havilar by Option One Mortgage

Corporation. If none, state “none”.

32. Produce all letters, statements and documents sent to Andy Havilar by agents, attorneys or

representatives of Option One Mortgage Corporation. If none, state “none”.

33. Produce all letters, statements and documents sent to Andy Havilar by previous servicers, sub-

servicers or others in the account file or under the control or possession or in the control or

possession of any affiliate, parent company, agent, servicers, sub-servicers, attorney or other

representative of Option One Mortgage Corporation. If none, state “none”.

34. Produce all letters, statements and documents contained in the account file of Andy Havilar or

imaged by Option One Mortgage Corporation, any servicers or sub-servicers of this mortgage from

the inception of this account to the present date. If none, state “none”.

35. Produce all electronic transfers, assignments and sales of the note or asset, mortgage, deed of

trust or other security instrument. If none, state “none”.

36. Produce all copies of property inspection reports, appraisals, BPO s and reports done on the

property of Andrea Davilar. If none, state “none”.

37. Produce all invoices for each charge such as inspection fees, BPO s, appraisal fees, attorney fees,

insurance, taxes, assessments or any expense which has been charged to this mortgage account from

the inception of this account to the present date. If none, state “none”.

38. Produce all checks used to pay invoices for each charge such as inspection fees, BPO s, appraisal

fees, attorney fees, insurance, taxes, assessments or any expense which has been charged to this

account from the inception of this account to the present date. If none, state “none”.

39. Produce all agreements, contracts and understandings with vendors that have been paid for any

charge on this account from the inception of this account to the present date. If none, state “none”.

40. Produce all account servicing records, payment payoffs, payoff calculations, ARM audits, interest

rate adjustments, payment records, transaction histories, account histories, accounting records,

ledgers, and documents that relate to the accounting of this account from the inception of this account

to the present date. If none, state “none”.

41. Produce all account servicing transaction records, ledgers, registers and similar items detailing

how this account has been serviced from the inception of this account to the present date. If none,

state “none”.

42. Produce all sales contracts, servicing agreements, assignments, alonges, transfers,

indemnification agreements, recourse agreements and any agreement related to this account from the

inception of this account to the present date.

43. Provide copies of all invoices and detailed billing statements from any law firm or attorney that

has billed such fees that have been assessed or collected from this account from the inception to the

present date.

Requests for Admissions

YOU ARE REQUIRED, pursuant to the New York Civil Practice Law and Rules Section 3123, by

and through an authorized officer of your Company, to answer completely, in writing and under oath,

the following request of Admission, and to return your answers to this request for admissions to

Andy Havilar at her mailing address indicated below, within thirty days of the date of service of

these request for admissions.

Instructions to Request for Admissions

1. These requests for Admissions are directed towards all information known or available to Plaintiff

Option One Mortgage Corporation including information contained in the records and documents in

Option One Mortgage Corporations custody or control or available to Option One Mortgage

Corporation upon reasonable enquiry. Your answer to each request for admission shall specifically

deny the matter, or set forth in detail the reasons why you cannot truthfully admit or deny the matter.

Where request for admission cannot be\ answered in full they shall be answered as completely as

possible and incomplete answers shall be accompanied by a specification of the reasons for the

incompleteness of the answer and of whatever actual knowledge is possessed with respect to each

unanswered or incompletely answered request for admission.

2. Each request for admission is to deemed a continuing one. If after serving an answer to any request

for admission, an authorized officer of Option One Mortgage Corporation obtains any further

information pertaining to that request for admission, the authorized officer for Option One Mortgage

Corporation is requested to serve a supplemental answer setting forth such information.

3. As to every request for an admission which an authorized officer for Option

One Mortgage Corporation fails to answer in whole or in part, the subject

matter of that admission will be deemed confessed and stipulated as fact to

the court.

Definitions

1. “You” and “your” includes Option One Mortgage Corporation any and all persons acting in

concert with Option One Mortgage Corporation.




the Option one Mortgage Corporation.

4. “Andrea Davilar” includes all nick names, pseudonyms and / or misnomers in any paper or

documents referencing the Defendant or any liability or obligation attributable to her, including

Andrea A. Davilar.

Admissions Requested

1. Admit or deny that Option One Mortgage Corporation has assigned the Promissory Note and

Mortgage Deed to a third party.

Admitted

Denied

2. Admit or deny that Option One Mortgage Corporation has no standing to initiate foreclosure

proceedings against Andrea Davilar.

Admitted

Denied

3. Admit or deny that Leo S. Ortega is not the authorized person to swear the Affidavit of Merit.

Admitted

Denied

4. Admit or deny that proper statutory disclosures regarding the mortgage, its interest and other

related charges and mode of payment has been made to Andrea Davilar.

Admitted

Denied

5. Admit or deny that Summons has been served properly on Andy Havilar in this case.

Admitted

Denied

Interrogatories

YOU ARE REQUIRED, pursuant to the New York Civil Practice Law and Rules Sections 3131,

3132 and 3133, by and through an authorized officer of the your Company, to answer completely in

writing, and under oath, the following Interrogatories, and to return your answers to these

Interrogatories to Andy Havilarat her mailing address indicated below, within thirty days of the date

of service of these Interrogatories.

Instructions to these Interrogatories

1. These interrogatories are directed towards all information known or available to the Plaintiff,

Option One Mortgage Bank including information contained in the records and the documents in

Option One Mortgage Banks custody or control or available to Option One Mortgage Bank upon

reasonable enquiry.

Where interrogatories cannot be answered in full, they shall be answered as completely as possible

and incomplete answers shall be accompanied by a specification of the reasons for the

incompleteness of the answer and of whatever actual knowledge is possessed with respect to each

unanswered or incompletely answered interrogatory. If sufficient space for your answer is not

provided herein, you may attach additional papers with your answers and refer to your attached

answers in the space provided herein.

2. Each interrogatory is to be deemed a continuing one. If, after serving an answer to any

interrogatory, an authorized officer for Option One Mortgage Bank obtains any further information

pertaining to that interrogatory, the authorized officer of Option One Mortgage Corporation is

requested to serve a supplemental answer setting forth such information.

Definitions

1. “You” and “your” includes Option One Mortgage Corporation any and all persons acting in

concert with Option One Mortgage Corporation.



3. “GSE” means Government Sponsored Entity.

4. “MERS” means Mortgage Electronic Registration System.


the Option one Mortgage Corporation.

6. “Andrea Davilar” includes all nick names, pseudonyms and / or misnomers in any paper or

documents referencing the Defendant or any liability or obligation attributable to her, including

Andrea A. Davilar.

Interrogatories

1. State the name, job title and business address of each person providing information in response to

these discovery requests.

2. State the type of business organization Option One Mortgage Corporation is and name every State

of the union in which it is chartered or registered.

3. Identify for each account accounting and servicing system used by Option One Mortgage

Corporation and any sub-servicers or previous servicers from the inception of this account to the

present date which enable the experts to decipher the data provided.

4. For each account accounting and servicing system identified by Option One Mortgage Corporation

and any sub-servicers or previous servicers from the inception of this account to the present date,

state the name and address of the company that designed and sold the system.

5. For each account accounting and servicing system used by Option One Mortgage Corporation and

any sub-servicers or previous servicers from the inception of this account to the present date, please

provide the complete transaction code list for each system so that Andy Havilar and others can

adequately audit this account.

6. In a spreadsheet form or in letter form in a columnar format, detail each and every credit on this

account from the date such credit was posted to this account as well as the date any credit was

received.

7. In a spreadsheet form or in letter form in a columnar format, detail each and every debit on this

account from the date such debit was posted to this account as well as the date any debit was

received.

8. For each debit and credit listed, state the definition for each corresponding transaction code Option

One Mortgage Corporation utilize.

9. For each transaction code, provide the master transaction code list used by Option One Mortgage

Corporation or previous servicers.

10. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed of trust or any

other instrument Andy Havilar executed to secure this debt been recorded in the county property

records in the county and state in which Andrea Davilers property is located from the inception of

this account to the present date? State Yes or No.

11. If No, why?

12. Is Option One Mortgage Corporation the servicer of this mortgage account or the holder in due

course and beneficial owner of this mortgage, monetary instrument and /or deed of trust? State Yes

or No.

13. Have any sales, transfers or assignments of this mortgage, monetary instrument, deed of trust or

any other instrument executed by Andrea Davilar to secure this debt been recorded in any electronic

fashion such as MERS or other internal or external recording system from the inception of this

account to the present date? State Yes or No.

14. If yes, give details of the names of the seller, purchaser, assignor, assignee or any holder in due

course to any right or obligation of any note, mortgage, deed of trust or security instrument executed

by Andy Havilar securing the obligation on this account that was not recorded in the county records

where my property is located whether they be mortgage servicing rights or the beneficial interest in

the principal and interest payments.

15. Did the originator or previous servicers of this account have any financing agreements or

contracts with Option One Mortgage Corporation or an affiliate of Option One Mortgage

Corporation? State Yes or No.

16. Did the originator or previous servicers of this account have any financing agreements or

contracts with Option One Mortgage Corporation or an affiliate of Option One Mortgage

Corporation? State Yes or No.

17. Did the originator or previous servicers of this account receive any compensation, fee,

commission, payment, rebate or other financial consideration from Option One Mortgage

Corporation or affiliate of Option One Mortgage Corporation for handling, processing, originating or

administering this loan? State Yes or No. If yes, please describe and itemize each and every form of

compensation, fee, commission, payment, rebate or other financial consideration paid to the

originator of this account by your company or any affiliate.

18. State where the originals of this entire account file are currently located and how they are being

stored, kept and protected. State Yes or No.

19. Where is the original monetary instrument or mortgage Andy Havilar signed located? State Yes

or No. Give details of its physical location and whether anyone is holding the Promissory Note as a

custodian or trustee?

20. Where is the original deed of trust or mortgage and Promissory Note signed by Andy Havilar

placed? State Yes or No. Give details of its physical location and whether anyone holding this Note

as a custodian or trustee?

21. State whether since the inception of this account, there has been any assignment of Andy

Havilar’s monetary instrument / asset to any other party? State Yes or No. If the answer is yes, give

details of the names and addresses of each and every individual, party, bank, trust or entity that has

received such assignments.

22. State whether since the inception of this account there has been any assignment of the deed of

trust or mortgage and Promissory Note to any other party? State Yes or No. If the answer is yes,

give details of the names and addresses of each and every individual, party, bank, trust or entity that

has received such assignments.

23. State whether since the inception of this account, there has been any sale or assignment of the

servicing rights to this mortgage account to any other party? State Yes or No. If the answer is yes,

give details of the names and addresses of each and every individual, party, bank, trust or entity that

has received such assignments or sale.

24. State whether since the inception of this account, there has been any subservicers serviced any

portion of this mortgage account? State Yes or No. If the answer is yes, give details of the names

and addresses of each and every individual, party, bank, trust or entity that has sub-serviced this

mortgage account.

25. Has this mortgage account been made a part of any mortgage pool since the inception of this

loan? State Yes or No. If yes, give details of each and every account mortgage pool that this

mortgage has been a part of from the inception of this account to the present date.

26. Has each and every assignment of Andy Havilar’s asset/monetary instrument been recorded in

the county land records where the property associated with this mortgage account is located? State

Yes or No.

27. State whether there has been any electronic assignment of this mortgage with MERS or any other

computer mortgage registry service or computer program? State Yes or No. If yes, give details of

the name and address of each and every individual, entity, party, bank, trust or organization or

servicers that have been assigned to mortgage servicing rights to this account as well as the beneficial

interest to the payments of principal and interest on this loan.

28. Have there been any investors (as defined by Option One Mortgage Corporation) who have

participated in any mortgage-backed security, collateral mortgage obligation or other mortgage

security instrument that this mortgage account has ever been a part of from the inception of this

account to the present date? State Yes or No. If yes, give details of the name and address of each

and every individual, entity, organization and/or trust.

29. Give details of the parties and their addresses to all sales contracts, servicing agreements,

assignments, allonges, transfers, indemnification agreements, recourse agreements and any

agreement related to this account from the inception of this account to the present date.

30. State how much amount was paid for this individual mortgage account by Option One Mortgage

Corporation?

31. If part of a mortgage pool, state the principal balance used by Option One

Mortgage Corporation to determine payment for this individual mortgage

loan?

32. If part of a mortgage pool, state the percentage paid by Option One Mortgage Corporation of the

principal balance above used to determine purchase of this individual mortgage loan?

33. To whom did Option One Mortgage Corporation issue a check or payment to for this mortgage

loan?

34. Did any investor approve of the foreclosure of Andrea Davilers property? State Yes or No.

35. Give details of all persons who approved the foreclosure of the property of

Andy Havilar?

36. Have attorney fees ever been assessed to this account from the inception of this account to the

present date? State Yes or No.

37. If yes, detail each separate assessment, charge and collection of attorney fees to this account from

the inception of this account to the present date and the date of such assessments to this account.

38. Have attorney fees ever been charged to this account from the inception of this account to the


39. If yes, detail each separate charge of attorney fees to this account from the inception of this

account to the present date and the date of such assessments to this account.

40. Have attorney fees ever been collected from this account from the inception of this account to the


41. If yes, detail each separate collection of attorney fees to this account from the inception of this

account to the present date and the date of such assessments to this account.

42. Give details of the name and address of each attorney or law firm that has been paid any fees or

expenses related to this account from the inception of this account to the present date.

43. Specify in writing the provision, paragraph, section or sentence of any Promissory Note,

mortgage, deed of trust or any agreement signed by Andy Havilarthat authorized the assessment,

charge or collection of attorney fees.

44. Give details of each separate attorney fee assessed from this account and for which each

corresponding payment period or month such fee was assessed from the inception of this account to

the present date.

45. Give details of each separate attorney fee collected from this account and for which each

corresponding payment period or month such fee was collected from the inception of this account to

the present date.

46. Give details of any adjustments in attorney fees assessed and on what date such adjustment was

made and the reason for such adjustment.

47. Give details of any adjustments in attorney fees collected and on what date such adjustment was

made and the reason for such adjustment.

48. Has interest been charged on any attorney fees assessed or charged to this account? State Yes or

No.

49. Is interest allowed to be assessed or charged on attorney fees charged or assessed to this account?

State Yes or No.

50. How much total in attorney fees have been assessed to this account from the inception to the

present date?

51. How much total in attorney fees have been collected from this account from the inception to the

present date?

52. How much total in attorney fees have been charged to this account from the inception to the

present date?

53. Has there been any suspense or unapplied account transactions on this account from the inception

of this account until the present date? State Yes or No.

54. If yes, explain the reason for each and every suspense transaction that occurred on this account.

If no, please skip the questions in this section dealing with suspense and unapplied accounts.

55. In a spreadsheet or in letter form in a columnar format, give details of each and every suspense or

unapplied transaction, both debits and credits that has occurred on this account from the inception of

this account to the present date.

56. Have you reported the collection of late fees on this account as interest in any statement to Andy

Havilar or to the IRS? State Yes or No.

57. Has any previous servicers or sub-servicers of this mortgage reported the collection of late fees

on this account as interest in any statement to me or to the IRS? State Yes or No.

58. Do you consider the payment of late fees as liquidated damages to you for not receiving payment

on time? State Yes or No.

59. Are late fees considered as interest? State Yes or No.

60. Give details of the expenses and damages Option One Mortgage Corporation incurred for any

payment Andy Havilar made that was late.

61. Were any of these expenses or damages charged or assessed to this account in any other way?

State Yes or No.

62. If yes, describe what expenses or damages were charged or assessed to this account.

63. Give details of the expenses you or others undertook due to any late payment Andy Havilar

made.

64. Give details of the damages you or others undertook due to any late payment Andy Havilar made.

65. Give details of the provision, paragraph, section or sentence of any Note, mortgage, deed of trust

or any agreement Andy Havilar signed that authorized the assessment or collection of late fees.

66. Give details and list of each separate late fee assessed to this account and for which

corresponding payment period or month such late fee was assessed from the inception of this account

to the present date.

67. Give details and list of each separate late fee collected from this account and for which

corresponding payment period or month such late fee was collected from the inception of this

account to the present date.

68. Give details and list of any adjustments in late fees assessed and on what date such adjustment

was made and the reason for such adjustment.

69. State whether any interest has been charged on any late fee assessed or charged to this account?

70. State whether any interest is allowed to be assessed or charged on the late fees to this account?

71. State whether any late charges been assessed to this account?

72. If yes, how much in total late charges have been assessed to this account from the inception of

this account to the present date?

73. Give details with the exact months or payment dates Option One Mortgage Corporation or other

previous servicers or sub-servicers of this account claim which Andy Havilar have been late with a

payment from the inception of this account to the present date.

74. State whether any late charges been collected on this account from the inception of this account

to the present date?

75. If yes, how much in total late charges have been collected on this account from the inception of

this account to the present date?

76. State whether Wells Fargo National Association as trustee has ever been assigned in blanks the

mortgage and note after closing.

77. Pursuant to a pooling and servicing agreement has Wells Fargo National Association as trustee

been assigned all rights and title to subject mortgage and note and if so when did this event take

place.

Executed this day of , 2008.Name and title of the authorized officer or the agent

OPTION ONE MORTGAGE CORPORATIONState of:County of:Before me the undersigned, a Notary Public in and for the said County and State onthis day of , 2008, personally appeared, whois ( ) personally known to me or ( ) proven by proper identification, to be the personwho executed the within and foregoing instrument.Type of ID:SignatureNotary Public (seal)Request for Discovery prepared and submitted by:Andy DavilerMailing address:Certificate of ServiceI, Andy Daviler, certify that on day of December 2008, a true andcorrect copy hereof was served upon the attorney for the Plaintiff by both certifiedmail and facsimile transmission to:Andy Daviler

I would want to ask if the foreclosing party: is the holder in due course of the debt, possessing the genuine originals of the promissory note and deed of trust/mortgage.