RFP 1 - Wells Fargo - Final (05.16.2012)

CAUSE NO.
2011-36476
MARY ELLEN WOLF AND
DAVID WOLF, on behalf of themselves and
all others similarly situated,
v.
WELLS FARGO BANK, N.A.,
AS TRUSTEE FOR CARRINGTON
MORTGAGE LOAN TRUST, TOM
CROFT, NEW CENTURY MORTGAGE
CORPORATION, AND CARRINGTON
MORTGAGE SERVICES, LLC.
IN THE DISTRICT COURT OF
HARRIS COUNTY, TEXAS
151ST JUDICIAL DISTRICT
PLAINTIFFS DAVID WOLF AND MARY ELLEN WOLFS

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO DEFENDANT WELLS FARGO BANK, N.A., AS TRUSTEE
FOR CARRINGTON MORTGAGE LOAN TRUST,
TOM CROFT, NEW CENTURY MORTGAGE CORPORATION
AND CARRINGTON MORTGAGE SERVICES, LLC
TO:
Defendant WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN
TRUST, TOM CROFT, NEW CENTURY MORTGAGE CORPORATION AND CARRINGTON
MORTGAGE SERVICES, LLC, by and through its attorney of record, Thomas D. Pruyn,
PRUYN LAW FIRM, PLLC, 2616 South Loop West, Ste. 590, Houston, TX 77054.
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
By the execution of my signature below, I certify that a true and correct copy of the
foregoing document has been served to the following parties on the 16th day of May, 2012
pursuant to rule 21(a) of the TEXAS RULES OF CIVIL PROCEDURE:
Mr. Thomas D. Pruyn
PRUYN LAW FIRM, PLLC
2616 South Loop West, Ste. 590
Houston, TX 77054
Attorney for Defendants,
Wells Fargo Bank N.A., as Trustee
For Carrington Mortgage Loan Trust,
Tom Croft, New Century Mortgage
Corporation and Carrington
Mortgage Services, LLC
Via Certified Mail

#7011-2000-0001-1177-5612
Mr. Peter C. Smart

CRAIN CATON & JAMES, P.C.
Five Houston Center, 17th Floor
1404 McKinney, Suite 1700
Houston, TX 77010
Attorney for Defendants,
Wells Fargo Bank N.A., as Trustee
For Carrington Mortgage Loan Trust,
Tom Croft, New Century Mortgage
Corporation and Carrington
Mortgage Services, LLC
Via Certified Mail

#7011-2000-0001-1177-5605
DEFINITIONS AND INSTRUCTIONS

1. Answer each request for documents separately by listing the documents and by
describing them as defined below. If documents produced in response to this request are
numbered for production, in each response provide both the information that identifies
the document and the documents number.
2. For a document that no longer exists or that cannot be located, identify the document,
state how and when it passed out of existence or could no longer be located, and the
reasons for the disappearance. Also, identify each person having knowledge about the
disposition or loss of the document, and identify any other document evidencing the lost
documents existence or any facts about the lost document.
A.
When identifying the document, you must state the following:

I.
II.
III.
The nature of the document (e.g., letter, handwritten note).

The title or heading that appears on the document.
The date of the document and the date of each addendum, supplement, or
other addition or change.
IV. The identities of the author, signer of the document, and person on whose
behalf or at whose request or direction the document was prepared or
delivered.
b. When identifying the person, you must state the following:

i. The full name.
ii. The present or last known residential address and residential telephone
number.
iii. The present or last known office address and office telephone number.
iv. The present occupation, job title, employer, and employers address.
3. Defendant, Wells Fargo, you and your mean and refer to Defendant Wells
Fargo Bank, N.A., and all other natural persons, businesses, legal entities, agents,
representatives, officers, directors, employees, partners, corporate agents, subsidiaries,
affiliates, or any other person acting in concert with Defendant or under Defendants
control, whether directly or indirectly, including any attorney.
4. Plaintiff and Plaintiffs means and refers to Plaintiff Mary Ellen Wolf and Plaintiff
David Wolf, their representatives, and all other natural persons or businesses or legal
entities acting or purporting to act for or on their behalf.
5. Document is to be interpreted broadly and includes any original, reproduction or copy
of any kind, typed, recorded, graphic, printed, written or documentary, including without
limitation, correspondence, memoranda, calendars, desk files, interoffice
communications, notes, diaries, contracts, documents, drawings, plans, specifications,
estimates, inventories, vouchers, permits, written ordinances, minutes of meetings,
DEFINITIONS & INSTRUCTIONS
invoices, billings, checks, reports, studies, telegrams, notice of telephone conversations,

sales receipts and notes of any and all communications and every other means of
recording any tangible thing, any form of communication of representation, including
letters, words, pictures, sounds or symbols, or combinations thereof in your possession,
custody, or control.
6. Possession, custody, or control of an item means that the person either has physical
possession of the item or has a right to possession equal or superior to that of the person
who has physical possession of the item.
7. Statement means (i) a written statement signed or otherwise adopted or approved by
the person making it, or (ii) a stenographic, mechanical, electronic, or other type of
recording, or any transcription thereof which is a substantially verbatim recital of a
statement made by the person and contemporaneously recorded.
8. Person means any natural person, corporation, firm, association, partnership, joint
venture, proprietorship, governmental body, or any other organization, business, or legal
entity, and all predecessors or successors in interest.
9. Mobile device means any cellular telephone, satellite telephone, pager, personal digital
assistant, handheld computer, electronic rolodex, walkie-talkie, or any combination of
these devices.
10. Contract means the agreement that is the subject of this lawsuit, i.e. the Texas Home
Equity Adjustable/Fixed Rate Note attached to this request for production of documents
as Exhibit 1 and the Texas Home Equity Security Instrument attached to this request for
production of documents as Exhibit 2.
11. Home or Property means the real property commonly known as 6404 Buffalo
Speedway, Houston, Texas 77005.
12. Lawsuit refers to this lawsuit, Cause No. 2011-36746, in the 151 st District Court of
Harris County, Texas.
13. Foreclosure Lawsuit Against Plaintiffs means and refers to Cause No. 2011-08930;
In Re: Order For Foreclosure Concerning Mary Ellen Wolf David Wolf 6404 Buffalo
Speedway, Houston, Texas 77005; filed by Defendant Wells Fargo Bank, N.A. on
February 11, 2011 in the 151st District Court of Harris County, Texas.
14. Foreclosure means the legal process by which an owners legal right to a property is
terminated. Typically involves a forced sale of the property at public auction, including
any foreclosure authorized by the TEXAS RULES OF CIVIL PROCEDURE.
15. Mortgagee means grantee, beneficiary, owner or holder of a security instrument, a
book entry system or, if the security interest has been assigned of record, the last person
to whom the security interest has been assigned of record pursuant to Section 51.0001(4)
(A), (B) and (C) of the Texas Property Code.
16. Mortgage means and refers to any and all mortgage loans related to the Plaintiffs
Home located at 6404 Buffalo Speedway, Houston, Texas 77005.
17. Lender means and includes any owner or holder of a Mortgage loan related to the
Plaintiffs Home located at 6404 Buffalo Speedway, Houston, Texas 77005.
18. Beneficiary means and includes any owner or holder of a Mortgage loan related to the
Plaintiffs Home located at 6404 Buffalo Speedway, Houston, Texas 77005.
19. Deed of Trust means any document that pledges real property in order to secure a
loan, including any document that embodies the agreement between a lender and a
borrower to transfer an interest in the borrowers property to a neutral third party, a
trustee, or other entity, to secure the payment of a debt owed by the borrower.
20. Recorded means any document recorded in the real property records in the United
States.
21. Assignment means the act of transferring to another all or part of ones property,
interest, or rights. A transfer or making over to another of the whole of any property, real
or personal, in possession or in action, or of any estate or right therein. It includes
transfers of all kinds of property, including negotiable instruments. The transfer by a
party of all of its rights to some kind of property, usually intangible property such as
rights in a lease, mortgage, agreement of sale or a partnership. Tangible property is more
often transferred by possession and by instruments conveying title such as a deed or a bill
of sale (see Blacks Law Dictionary, Sixth Edition, 1990, page 119).
22. Assignment of Mortgage means any written instrument evidencing the transfer of a
mortgage from one mortgagee, person, or lender to another (see The Arnold
Encyclopedia of Real Estate, 1978).
23. Valid Assignment of Mortgage means having legal strength or force, executed with
proper formalities, incapable of being rightfully overthrown or set aside; founded on truth
of fact; capable of being justified; supported, or defended; not weak or defective; of
binding force; legally sufficient or efficacious; and authorized by law. As distinguished
from that which exists or took place in fact or appearance, but has not the requisites to
enable it to be recognized and enforced by law (see Blacks Law Dictionary, Sixth
Edition, 1990, page 1550).
24. Missing Assignment of Mortgage means there is/are gap(s) in the chain of title from
the originating lender to the purported current mortgagee. These gaps are places where, if
another party was assigned the borrowers loan at some a point in time, there should have
been an assignment of mortgage executed.
25. Invalid Assignment of Mortgage is one that purports to connect or attempt to

complete a chain of title through false statement(s), misrepresentation(s) or omission(s)
of material fact(s) in order to deceive or defraud.
26. Fraudulent Assignment of Mortgage means an invalid assignment that was prepared
and/or executed by a natural person who knowingly and willfully created the document
for use in commerce with the knowledge and intention of deceiving or defrauding the
public or with willful disregard for the truth which can form the basis for imputed
knowledge.
27. Mortgage Electronic Registration Systems, Inc. or MERS means the national
electronic database that tracks changes in mortgage servicing rights and beneficial
ownership interests in loans secured by residential real estate. The MERS System is a
wholly-owned subsidiary of MERSCORP Holdings. Its sole purpose is to serve as
mortgagee in the land records for loans registered on the MERS System and MERS
Commercial.
28. With respect to means with regard to, respecting or concerning, to bring into or
establish by association, connection or relation, either direct or indirect. It includes
alluding to, responding to, concerning, connected with, commenting on, regarding,
discussing, describing, evidencing, or pertaining to all facts and issues giving rise to
Plaintiffs last filed Petition.
29. Settlement, as used herein, means (a) an oral or written, disclosed or undisclosed
agreement, bargain, contract, settlement, partial settlement, limited settlement,
arrangement, deal, understanding, loan arrangement, credit arrangement, contingent
settlement, limitation on the amount of liability or judgment, or a promise by or between
plaintiff and any defendant or between any defendant herein whereby plaintiff or
defendant have in any way released or compromised, in whole or in part, directly or
indirectly, or agreed to do so in the future, any of the matters in controversy in this
lawsuit whether before, after or during trial or before or after any jury verdict is returned
herein or a judgment is entered or rendered herein; (b) any resolution of the differences
between the plaintiff and defendant by loan to the plaintiff or any other device which is
repayable in whole or in part out of any judgment the plaintiff may recover against
defendant; (c) Mary Carter Agreements as the term is recognized under Texas Law.
30. The term or shall include the term and and the term and shall include the term
or.
31. The term any shall include the term all and the term all shall include the term
any.
32. The terms relates, relate, and relating to mean pertaining to, referring to,
concerning, directly or indirectly, expressly or implicitly, the subject matter of the
specific request, supports, evidences, constitutes, consists of, or probative of, reflects,
describes, contradicts or comprises.
33. communication includes, without limitation of its generality, statements, discussions,

conversations, speeches, meetings, remarks, questions, responses, panel discussions and
symposia, whether written or oral, formal or informal, at any time or place and under any
circumstances. The term includes, without limitation of its generality, both
communications and statements which are face-to-face and those which are transmitted
by media, including, but not limited to, intercoms, telephones, television or radio.
34. Where the context herein makes it appropriate, each singular word shall include its plural
and each plural word shall include its singular, any masculine word shall include its
feminine form, and any feminine word shall include its masculine form.
35. In answering this discovery, please furnish all information available to you, including
information in the possession of your attorneys or investigators for your attorneys, and
not merely known of your personal knowledge.
36. To the extent you assert any objection to any Interrogatory or request on the basis that the
information sought is exempt or immune from discovery under the provisions of either
the TEXAS RULES OF CIVIL PROCEDURE or the TEXAS RULES OF EVIDENCE, then respond
to so much of the Interrogatory or request which you do not claim to be exempt or
immune. Moreover, with respect to each objection made on the basis that the information
sought is exempt or immune from discovery, identify the objectionable information to the
extent that such information may be later accurately described or identified for purposes
of a Court hearing regarding the objection.
37. In this document, the definition of words or expressions shall be the generally understood
meaning of the words or expressions. To assist you in preparing your answers, please
refer to the definitions provided when responding to each of these Interrogatories.
38. These requests do not seek and are not intended to seek privileged information or
documents. In the event that you withhold information or documents or object to a
request on the grounds of a privilege, identify the applicable privilege, describe the
information or documents that you claim are privileged, and identify all persons and/or
entities that have reviewed the information or documents that you allege to be privileged.
PLAINTIFFS DAVID WOLF AND MARY ELLEN WOLFS

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO DEFENDANT WELLS FARGO BANK, N.A., AS TRUSTEE
FOR CARRINGTON MORTGAGE LOAN TRUST,
TOM CROFT, NEW CENTURY MORTGAGE CORPORATION
AND CARRINGTON MORTGAGE SERVICES, LLC
REQUEST FOR PRODUCTION NO. 1:
Produce all documents referenced, generated,
used or identified in answering any one of the Plaintiffs First Set of Interrogatories, Request for
Production, Disclosures, and Admissions.
RESPONSE:
Produce all documents evidencing the Plaintiffs
Mortgage loan was assigned, transferred or sold to you.
RESPONSE:
Promissory Note was assigned, transferred or sold to you.
RESPONSE:
Deed of Trust was assigned, transferred or sold to you.
RESPONSE:
Produce all documents evidencing you are the
current titleholder of the Plaintiffs Mortgage loan.
RESPONSE:
current owner and holder of the Plaintiffs Promissory Note.
RESPONSE:
PLAINTIFFS 1ST RFP TO WF
PAGE 1 OF 17

current owner and holder of the Plaintiffs Deed of Trust.
RESPONSE:
Produce all documents relating to New Century
Mortgage Corporations purchase and acquisition of the Plaintiffs mortgage, promissory note,
and deed of trust from Americas Wholesale Lender, Inc. in June of 2003.
RESPONSE:
Produce all payment receipts and records of
payment relating to New Century Mortgage Corporations purchase and acquisition of the
Plaintiffs mortgage, promissory note, and deed of trust from Americas Wholesale Lender, Inc.
in June of 2003.
RESPONSE:
Produce the closing instructions
Plaintiffs Mortgage loan with New Century Mortgage Corporation in June of 2006.
for
the
RESPONSE:
appraisal of the Plaintiffs Property.
Produce all documents which provide an
RESPONSE:
Produce all documents reflecting the Plaintiffs
application for the Mortgage loan with New Century Mortgage Corporation in 2006.
RESPONSE:
Produce the originals or copies of the checks
and instruments used to distribute the proceeds of the Plaintiffs Mortgage loan with New
Century Mortgage Corporation.
RESPONSE:
PAGE 2 OF 17

Produce the originals or copies of the checks
and instruments used to pay any person or entity for an expense, fee, charge, or other
compensation or any kind paid by any person related to the application, origination, or funding
of the Plaintiffs Mortgage loan with New Century Mortgage Corporation.
RESPONSE:
Produce each and every document given to
Plaintiffs at the closing of their Mortgage loan with New Century Mortgage Corporation.
RESPONSE:
Plaintiffs one day prior to the closing of their Mortgage loan with New Century Mortgage
Corporation.
RESPONSE:
Plaintiffs two days prior to the closing of their Mortgage loan with New Century Mortgage
Corporation.
RESPONSE:
Plaintiffs not less than three days nor more than 12 days prior to the closing of their Mortgage
loan with New Century Mortgage Corporation.
RESPONSE:
Plaintiffs 12 or more days prior to the closing of their Mortgage loan with New Century
Mortgage Corporation.
RESPONSE:
Produce
Plaintiffs loan account showing all credits and debits.
documents
which
demonstrate
RESPONSE:
PAGE 3 OF 17

Produce documents sent by Plaintiffs to you in the
during the past five years relating to their Mortgage loan .
RESPONSE:
Produce documents disclosing the amount of
interest paid on the loan which was reported to the IRS, or disclosed to Plaintiffs for tax purposes
from January 1, 2006 through January 1, 2012.
RESPONSE:
you relating to the Plaintiffs Mortgage loan.
Produce all correspondence between Plaintiffs
RESPONSE:
Produce all correspondence between Plaintiffs
and any servicer of the Plaintiffs purported Mortgage loan.
RESPONSE:
Produce accounting records from servicer
showing charges, fees, and payments and showing how funds were applied to Plaintiffs
Mortgage loan.
RESPONSE:
Plaintiffs Mortgage loan.
Produce the entire title company file relating to
RESPONSE:
Produce the loan documents in Defendants
possession-including disclosures, notices, HUD-1 Settlement Statement, and Mortgage
Note/Deed of Trust.
RESPONSE:
PAGE 4 OF 17

Plaintiffs Mortgage loan.
Produce any pool servicing agreement related to
RESPONSE:
Produce all loan application(s) relating to
Plaintiffs Mortgage (the handwritten original and all versions along the way, including the final
one that Plaintiffs signed).
RESPONSE:
Defendant has in its possession.
Produce
credit
reports
of
Plaintiffs
that
RESPONSE:
Produce any contracts or agreements including
all modification and amendments thereto evidencing plaintiffs obligation to you or any creditor.
RESPONSE:
Produce any documents evidencing the
disclosure of credit terms to the defendant concerning the obligation sued upon before and
pertaining to the extension of credit.
RESPONSE:
Produce any and all documents regarding any
amounts Defendant has advanced for the payment of taxes, insurance, and property preservation.
RESPONSE:
Produce all documents which demonstrate the
agreement between you and the servicer that services Plaintiffs purported loan.
RESPONSE:
PAGE 5 OF 17

Produce all documents showing loan interest
rates, with any reduction for fees paid by a borrower (e.g. rate sheet).
RESPONSE:
reductions in interest rates.
Produce all documents showing fees charged for
RESPONSE:
Produce all documents evidencing any
communication including but not limited to all written communication, call logs, correspondence
logs, between the Plaintiffs and parties the Plaintiffs claims through and the defendant
concerning the demand for payment of this account.
RESPONSE:
Produce any documents explaining and detailing
the amounts you claim are owed by the Defendant to the Plaintiffs.
RESPONSE:
of the purchase date of the account.
Produce any documents evidencing the accuracy
RESPONSE:
Produce any documents sent by you to any
credit reporting agency concerning the account or debt since the date you acquired the account.
RESPONSE:
Produce any documents received by you from
any credit reporting agency concerning the account or debt since the date you acquired the
account.
RESPONSE:
PAGE 6 OF 17

Produce any documents evidencing the true and
correct balance currently owed as represented in your Foreclosure Lawsuit Against Plaintiffs.
RESPONSE:
Produce any documents evidencing the true and
correct balance currently owed as represented in your counterclaim against Plaintiffs.
RESPONSE:
Produce the daily cash receipt journal or ledger
which reflect any payments by defendant or others on defendants behalf (including, without
limitation, any and all payment checks and funds received from defendant, and all receipts for
cash or checks received from, or on behalf of defendant).
RESPONSE:
Produce any documents which contain an
explanation of the accounting codes or any other documents needed to understand abbreviations
or codes contained in the documents and things produced above.
RESPONSE:
Produce the curriculum vitae or other
background information on each person whom you expect to testify as an expert at the trial of
this action.
RESPONSE:
Produce any documents you intend to mark for
identification or introduce at the trial of this action.
RESPONSE:
Produce all invoices, bills, or other billing
materials for each expert you expect to testify at trial, and for each consulting expert whose
opinions or observations a testifying expert will review.
RESPONSE:
PAGE 7 OF 17

Produce any documents evidencing any
consideration paid for the debt, the subject of this suit, being assigned, transferred or sold to the
Plaintiffs from any other person or entity.
RESPONSE:
Produce original agreement which you state
defendant entered into or became obligated to Plaintiffs or Plaintiffs assignor.
RESPONSE:
Produce all documents evidencing that all
conditions precedent have been performed or have occurred as required by the security
instrument regarding the Property.
RESPONSE:
Produce the Mortgage loan, promissory note,
and deed of trust you purchased from Americas Wholesale Lender, Inc. relating to Plaintiffs
Property in 2006.
RESPONSE:
Produce the Pooling and Servicing Agreement
and the exhibits thereto, relating to the Carrington Mortgage Loan Trust, Series 2006-NC3, dated
August 1, 2006, among the Registrant, New Century Mortgage Corporation, as Servicer, and
Wells Fargo Bank, N.A., as Trustee.
RESPONSE:
Produce the Mortgage Loan Purchase
Agreement and the exhibits thereto, relating to the Carrington Mortgage Loan Trust, Series 2006NC3, dated August 10, 2006, among the Registrant, NC Capital Corporation and Carrington
Securities, LP.
RESPONSE:
Produce the Confirmation to ISDA Master
Agreement and the exhibits thereto, relating to the Carrington Mortgage Loan Trust, Series 2006PLAINTIFFS 1ST RFP TO WF
PAGE 8 OF 17
NC3, dated August 10, 2006, between Swiss Re Financial Products Corporation and Wells Fargo
Bank, N.A.
RESPONSE:
Produce the Schedule to ISDA Master
Agreement and the exhibits thereto, relating to the Carrington Mortgage Loan Trust, Series 2006NC3, dated August 10, 2006, between Swiss Re Financial Products Corporation and Wells Fargo
Bank, N.A.
RESPONSE:
Produce all documents, assignments, and
transfers of the Plaintiffs Promissory Note from New Century Mortgage Corporation to
Carrington Securities, LP.
RESPONSE:
transfers of the Plaintiffs Promissory Note from Carrington Securities, LP to Stanwich Asset
Acceptance Company, LLC. ), to the 2006-NC3 Trust..
RESPONSE:
transfers of the Plaintiffs Promissory Note from Stanwich Asset Acceptance Company, LLC to
the Carrington Mortgage Loan Trust, Series 2006-NC3.
RESPONSE:
transfers of the Plaintiffs Mortgage Loan from New Century Mortgage Corporation to
Carrington Securities, LP.
RESPONSE:
transfers of the Plaintiffs Mortgage Loan from Carrington Securities, LP to Stanwich Asset
PAGE 9 OF 17
RESPONSE:
transfers of the Plaintiffs Mortgage Loan from Stanwich Asset Acceptance Company, LLC to the
Carrington Mortgage Loan Trust, Series 2006-NC3.
RESPONSE:
transfers of the Plaintiffs Deed of Trust from New Century Mortgage Corporation to Carrington
Securities, LP.
RESPONSE:
transfers of the Plaintiffs Deed of Trust from Carrington Securities, LP to Stanwich Asset
RESPONSE:
transfers of the Plaintiffs Deed of Trust from Stanwich Asset Acceptance Company, LLC to the
Carrington Mortgage Loan Trust, Series 2006-NC3.
RESPONSE:
Produce the original wet ink of Plaintiffs
Promissory Note with New Century Mortgage Corporation for inspection at the offices of CRAIN
CATON & JAMES, P.C., Five Houston Center, 17th Floor, 1404 McKinney, Suite 1700, Houston,
TX 77010 on June 21, 2012 at 10:00am.
RESPONSE:
Produce the original wet ink of the Affidavit of
Tom Croft dated February 3, 2011 attached to your Foreclosure Lawsuit Against Plaintiffs for
inspection at the offices of CRAIN CATON & JAMES, P.C., Five Houston Center, 17th Floor, 1404
McKinney, Suite 1700, Houston, TX 77010 on June 21, 2012 at 10:00am.
RESPONSE:
PAGE 10 OF 17

Produce the original wet ink of Transfer of Lien
from New Century Mortgage Corporation to Wells Fargo Bank, N.A. effective September 30,
2009 for inspection at the offices of CRAIN CATON & JAMES, P.C., Five Houston Center, 17th
Floor, 1404 McKinney, Suite 1700, Houston, TX 77010 on June 21, 2012 at 10:00am.
RESPONSE:
Produce all correspondence you received
relating to Office of Inspector General Memorandum No. 2012-AT-1801 entitled Wells Fargo
Bank Foreclosure and Claims Process Review released on or about March 12, 2012.
RESPONSE:
Produce
all
documents,
letters
and
correspondence you received from the Texas Attorney Generals Office regarding foreclosures in
Texas from January 1, 2008 through January 1, 2012.
RESPONSE:
Produce all documents and records filed with
the Harris County District Clerks Office relating to Plaintiffs Property.
RESPONSE:
Produce all documents, including deposition
testimony and trial transcripts, from any other lawsuits in which you were a party involving
residential mortgage loans on real property in the State of Texas securitized into the Carrington
Mortgage Loan Trust, Series 2006-NC3.
RESPONSE:
relating to the Property.
Produce all Assignments of the Mortgage Loan
RESPONSE:
Property.
Produce all recorded documents relating to the
PAGE 11 OF 17
RESPONSE:
of the Plaintiffs Mortgage.
Produce all documents showing the true owner
RESPONSE:
of the Mortgage Loan.
Produce all documents showing the true owner
RESPONSE:
MERS relating to the Property.
Produce all documents registered or filed with
RESPONSE:
Produce the chain of title for the Property.
RESPONSE:
of the Plaintiffs Mortgage.
Produce all documents transferring ownership
RESPONSE:
relating to Plaintiffs Property.
Produce all documents signed by Tom Croft
RESPONSE:
relating to Plaintiffs Mortgage.
RESPONSE:
chain of title on the Property.
Produce all documents evidencing a gap in the
PAGE 12 OF 17
RESPONSE:
relating to the Property.
Produce all Assignments to or from Defendant
RESPONSE:
relating to the Mortgage.
Produce all Assignments to or from Defendant
RESPONSE:
General Greg Abbot dated October 4, 2010.
Produce the letter You received from Attorney
RESPONSE:
Foreclosure Lawsuit Against Plaintiffs.
Produce all executed documents relating to the
RESPONSE:
Produce all documents You relied upon in
making your decision to file the Foreclosure Lawsuit Against Plaintiffs.
RESPONSE:
Produce all documents proving Defendant is
the owner, holder and assignee of a certain promissory note dated June 15, 2006 in the original
principal amount of $400,000.00 executed by Mary Ellen Wolf and David Wolf as alleged in the
Foreclosure Lawsuit Against Plaintiffs at paragraph 3 of Defendants Application filed on
February 11, 2011.
RESPONSE:
Produce the promissory note dated June 15,
2006 in the original principal amount of $400,000.00 executed by Mary Ellen Wolf and David
PAGE 13 OF 17
Wolf as alleged in the Foreclosure Lawsuit Against Plaintiffs at paragraph 3 of Defendants

Application filed on February 11, 2011.
RESPONSE:
Produce the Deed of Trust which was recorded
in the Real Property Records of Harris County, Texas and executed by Mary Ellen Wolf and
David Wolf as alleged in the Foreclosure Lawsuit Against Plaintiffs at paragraph 3 of
Defendants Application filed on February 11, 2011.
RESPONSE:
Produce the Security Instrument Agreement
which was recorded in the Real Property Records of Harris County, Texas and executed by Mary
Ellen Wolf and David Wolf as alleged in the Foreclosure Lawsuit Against Plaintiffs at paragraph
3 of Defendants Application filed on February 11, 2011.
RESPONSE:
Produce the Deed of Trust or Security
Instrument Agreement of even date which was recorded in the Real Property Records of Harris
County, Texas and executed by Mary Ellen Wolf and David Wolf as alleged in the Foreclosure
Lawsuit Against Plaintiffs at paragraph 3 of Defendants Application filed on February 11, 2011.
RESPONSE:
Produce all documents relating Plaintiffs
alleged default of the Mortgage Loan on the Property.
RESPONSE:
Produce all documents proving the Plaintiffs
Mortgage Loan was a :home equity loan as alleged in the Foreclosure Lawsuit Against
Plaintiffs at paragraph 4(b) of Defendants Application filed on February 11, 2011.
RESPONSE:
Produce the notice of default letter Defendant
allegedly gave Plaintiffs on December 3, 2010 as alleged in the Foreclosure Lawsuit Against
Plaintiffs at paragraph 4(d) of Defendants Application filed on February 11, 2011.
PAGE 14 OF 17
RESPONSE:
Produce the notice of intent to accelerate
letter Defendant allegedly gave Plaintiffs on December 3, 2010 as alleged in the Foreclosure
Lawsuit Against Plaintiffs at paragraph 4(d) of Defendants Application filed on February 11,
2011.
RESPONSE:
Produce the notice of acceleration letter
Defendant allegedly gave Plaintiffs on December 3, 2010 as alleged in the Foreclosure Lawsuit
Against Plaintiffs at paragraph 4(d) of Defendants Application filed on February 11, 2011.
RESPONSE:
RESPONSE:
RESPONSE:
Produce all affidavits signed by Tom Croft
RESPONSE:
Produce all affidavits signed by Tom Croft
RESPONSE:
REQUEST FOR PRODUCTION NO. 102: Produce all documents in which you relied upon
in stating all conditions precedent to applicants right to recover of all relief requested in this
proceeding have been performed or occurred prior to filing this application as alleged in the
PAGE 15 OF 17
Foreclosure Lawsuit Against Plaintiffs at paragraph 6 of Defendants Application filed on

February 11, 2011.
RESPONSE:
Croft in February, 2011.
Produce the cellular telephone invoice of Tom
RESPONSE:
Elizabeth Gonzales in February, 2011.
Produce the cellular telephone invoice of
RESPONSE:
REQUEST FOR PRODUCTION NO. 105: Produce all documents authorizing Tom Croft to
act as the attorney in fact of Defendant as stated in the Affidavit of Tom Croft, attached to
Defendants Application filed on February 11, 2011 in the Foreclosure Lawsuit Against
Plaintiffs.
RESPONSE:
REQUEST FOR PRODUCTION NO. 106: Produce all documents relating to Tom Crofts
specialized knowledge, training, and experience as stated in the Affidavit of Tom Croft,
attached to Defendants Application filed on February 11, 2011 in the Foreclosure Lawsuit
Against Plaintiffs.
RESPONSE:
REQUEST FOR PRODUCTION NO. 107: Produce all documents relating to Tom Crofts
familiarity with the customs, practices, and usage within the mortgage and loan servicing
industry as stated in the Affidavit of Tom Croft, attached to Defendants Application filed on
February 11, 2011 in the Foreclosure Lawsuit Against Plaintiffs.
RESPONSE:
REQUEST FOR PRODUCTION NO. 108: Produce all documents relied on by Tom Croft
in stating Plaintiff is the owner and holder of the Note and Security Instrument and is in
possession of both as stated in the Affidavit of Tom Croft, attached to Defendants Application
filed on February 11, 2011 in the Foreclosure Lawsuit Against Plaintiffs.
PAGE 16 OF 17
RESPONSE:
REQUEST FOR PRODUCTION NO. 109: Produce all documents relating to BLF
#609413 as referenced in the Affidavit of Tom Croft, attached to Defendants Application filed
on February 11, 2011 in the Foreclosure Lawsuit Against Plaintiffs.
RESPONSE:
REQUEST FOR PRODUCTION NO. 110: Produce all documents relied upon by
Defendant in making its decision to voluntarily dismiss the Foreclosure Lawsuit Against
Plaintiffs.
RESPONSE:
REQUEST FOR PRODUCTION NO. 111: Produce all documents showing Defendant gave
the proper notices required by TEXAS PROPERTY CODE Section 51.002.
RESPONSE:
PAGE 17 OF 17

RFP 1 - Wells Fargo - Final (05.16.2012)

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RFP 1 - Wells Fargo - Final (05.16.2012)

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CAUSE NO.

IN THE DISTRICT COURT OF

HARRIS COUNTY, TEXAS

151ST JUDICIAL DISTRICT

PLAINTIFFS DAVID WOLF AND MARY ELLEN WOLFS

ATTORNEY FOR PLAINTIFFS

Via Certified Mail

Mr. Peter C. Smart

Via Certified Mail

DEFINITIONS AND INSTRUCTIONS

When identifying the document, you must state the following:

The nature of the document (e.g., letter, handwritten note).

b. When identifying the person, you must state the following:

invoices, billings, checks, reports, studies, telegrams, notice of telephone conversations,

DEFINITIONS & INSTRUCTIONS

DEFINITIONS & INSTRUCTIONS

25. Invalid Assignment of Mortgage is one that purports to connect or attempt to

33. communication includes, without limitation of its generality, statements, discussions,

DEFINITIONS & INSTRUCTIONS

PLAINTIFFS DAVID WOLF AND MARY ELLEN WOLFS

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 7:

Produce all documents which provide an

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 14:

REQUEST FOR PRODUCTION NO. 21:

Produce all correspondence between Plaintiffs

Produce the entire title company file relating to

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 28:

Produce any pool servicing agreement related to

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 35:

Produce all documents showing fees charged for

Produce any documents evidencing the accuracy

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 42:

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 49:

PLAINTIFFS 1ST RFP TO WF

PLAINTIFFS 1ST RFP TO WF

REQUEST FOR PRODUCTION NO. 68:

Produce all Assignments of the Mortgage Loan

PLAINTIFFS 1ST RFP TO WF

Produce all recorded documents relating to the

Produce all documents showing the true owner

Produce all documents showing the true owner

Produce all documents registered or filed with

Produce the chain of title for the Property.

Produce all documents transferring ownership

Produce all documents signed by Tom Croft

Produce all documents signed by Tom Croft

Produce all documents evidencing a gap in the

Produce all Assignments to or from Defendant

Produce all Assignments to or from Defendant

Produce the letter You received from Attorney

Produce all executed documents relating to the

PLAINTIFFS 1ST RFP TO WF

Wolf as alleged in the Foreclosure Lawsuit Against Plaintiffs at paragraph 3 of Defendants

Produce all documents signed by Tom Croft

Produce all documents signed by Tom Croft

Produce all affidavits signed by Tom Croft