sample subpoena to produce - foreclosure qld

8/11/2019 Sample Subpoena to Produce - Foreclosure QLD

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_________________________________________________________________________

SUBPOENA FOR PRODUCTION Name:Filed on Behalf of the Defendants Address:

Form 41, Version 1

Uniform Civil Procedure Rules 1999. Phone No:

Rule 415(1); 420 Page 1 of 4

DISTRICT COURT OF QUEENSLAND

REGISTRY:

NUMBER:

Plaintiff: BANK

AND

Defendants DANY DEFENDANT

SUBPOENA FOR PRODUCTION

To: Proper Officer of XYZ CORPADDRESS

THE COURT ORDERS that you attend and produce this subpoena and the documents and

things described in the schedule:

(a) before the___________;

(b) at______________;

(c) on DATEat TIMEand until you are excused from further attending.

SCHEDULE1.

All original contract or agreement document(s) that are relied upon by the Plaintiff to

demonstrate the Plaintiff has privity of contract and standing to bring and maintain thisproceeding.

2. The original alleged loan agreement the subject of this proceeding.

3. All original alleged Mortgage documents the subject of this proceeding.

4. All documents in Plaintiffs possession or available to Plaintiff that establish that the

Plaintiff is the legal, beneficial or equitable owner of the alleged loan agreement and

Mortgage that is the subject of this proceeding.

5. All documents which support Plaintiffs claim that theycurrently own the alleged loan

agreement and Mortgage including without limitation documents pertaining to all

transfers, assignments, mergers, purchase and sale agreements, endorsements or otherdocuments that demonstrate Plaintiff has standing to bring this claim at the time it was

filed.

6. All documents pertaining to the securitisation of the subject alleged loan agreement and

mortgage.

7. All documents that show the present physical location of the original alleged loan

agreement and mortgage documents claimed to be owned by the Plaintiff.

8.

All documents setting forth the name, address, and telephone number of the physical


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custodian of the original alleged loan agreement and Mortgage document claimed to be

owned by the Plaintiff.

9. All documents setting forth the assignment of either the alleged loan agreement or

mortgage document which are claimed to be owned by the Plaintiff, to any particular

Special Purpose Vehicle (SPV), Specialized Investment Vehicle (SIV), Collateralized

Mortgage Obligation (CMO), Collateralized Debt Obligation (CDO), series of

residential mortgage-backed securities or certificates (RMBS), collateral default swap(CDS), Trust, or the like used in the securitization process.

10.All documents setting forth the full name, current address, and telephone number of

each holder of or investor in any SPV, SIV, CMO, CDO, RMBS, or CDS which is

collateralized in whole or in part by the Defendants alleged loan agreement and

mortgage documents or any right incident thereto or thereunder.

11.

All documents that identify the full name, current address, and telephone number of all

persons who authorized the filing of this proceeding against the Defendants.

12.All accounting records of the alleged loan in accordance with Australian Accounting

Standards and Generally Accepted Accounting Principles.13.All accounting records that show how the alleged liability arose.

14.All documents evidencing all payments made by the Defendants or any third party on

or toward the Defendants alleged loan obligations at any time.

15.All documents setting forth any credits applied against any balance due on the

Defendants alleged loan at any time, including amount of credit, date credit applied,

source of credit, and obligation to which credit was applied (e.g. principal, interest, late

fees, etc.)

16.All documents setting forth the disposition of all payments made by the Defendants or

any third party in connection with the Defendants alleged loan, including but notlimited to documentation setting forth amounts assigned to or credited against

principal, interest, insurance premiums or payments, tax deductions or payments, late

fees, or any other charges.

17.All documents demonstrating any funding of any of the Defendants alleged loan

agreement and mortgage the subject of this action by any security.

18.All documents concerning any consideration exchanged between any persons or parties

in connection with the assignment or sale of any part of, or right under, or right

incident to the Defendants alleged loan agreement andmortgage (e.g. assignment or

sale of mortgage, assignment or sale of a note, assignment or sale of servicing rights,

assignment or sale of right to income stream from borrower payments, assignment to amortgage pool, assignment to any SPV, SIV, CMO, CDO, RMBS, or CDS, [as defined

herein infra], and the like).

19.All documents identifying any descriptions or legends of all codes utilised within any

mortgage servicing or accounting system identified within the response to schedule

18. above.

20.

All policies of insurance, including but not limited to mortgage insurance, insurance in

favour of any trustee or loan trust, swap policies, master and bulk supplemental

policies, mortgagee title policies, or any other insurance which provides benefits to

either the Plaintiff or any party in privity with the Plaintiff or any original lender or

successor thereto or securitised trust upon default by the borrower in connection withthe Defendantsalleged loan agreement and Mortgage.


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21.All documents setting forth any claims made against any policy of insurance the

subject of schedule 20. above.

22.All documents setting forth any payments made or received in connection with any

claim the subject of schedule 21.above.

23.

All documents setting forth any denial or reservation of rights as to any claim made in

connection with any policy of insurance the subject of schedule 20.above.24.All documents setting forth any servicing agreement between the plaintiff and any

entity with reference to the alleged loan agreement and mortgage of the Defendants.

25.All Pooling and Service Agreements, Custodial Agreements, Deposit Agreements,

Master Purchasing Agreements, Issuer Agreements, Commitment to Guarantee

Agreements, Release of Document Agreements, Master Agreements for Servicers

Principal and Interest Custodial Account, Servicers Escrow Custodial Account

Agreements, Release of Interest Agreements, Trustee Agreements, or the like relating

to the alleged loan agreement and Mortgage of the Defendants.

26.All documents setting forth the entire chain of title to the alleged loan agreement and

mortgage instruments of the Defendants from origination to the present.

TAKE NOTICE:

(1) failure to comply with this subpoena without lawful excuse is contempt of court and

may result in your arrest.

(2) you need not comply with this subpoena unless conduct money sufficient to meet your

reasonable expenses of complying with the subpoena is paid, or tendered to you, not

later than a reasonable time before the day on which you would be required to attend

the Court.(3) you have the right to apply to the court to have the subpoena set aside on any sufficient

grounds including-

want of relevance; or

privilege; or oppressiveness, including oppressiveness because substantial expenses may not be reimbursed;

or

non-compliance with the Uniform Civil Procedures Rules.

(4) if you are not a party to these proceedings, instead of attending the court you or your

agent may produce the documents and things described in the schedule to the Registry

of the Court from which the subpoena was issued, not later than the day before the day

on which you are required to attend.(5) if you are not a party to the proceeding and you incur substantial loss or expense in

complying with this subpoena, you may apply to the Court for an order that the party

who requested the issue of the subpoena pay to you an amount in addition to conduct

money to compensate you for the loss or expense, including legal costs, incurred in

responding properly to the subpoena.

ISSUED WITH THE AUTHORITY OF THE DISTRICT COURT OF QUEENSLAND:

Signed:

Dated:________________


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Issued at the request of the Defendants.

sample subpoena to produce - foreclosure qld

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