REQUEST FOR PRODUCTION

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SUPERIOR COURT OF NEW JERSEY
CANCERY DIVISION – ESSEX VICINAGE
————————————————�� �—————X Civil Action
Deutsche Bank National Trust Company# as Trustee of
Argent Securities, Inc. Asset Backed Pass Through
Certificates, Series 2004-PW1 Docket Number: XXX
REQUEST FOR
Plaintiff(s), PRODUCTION OF
DOCUMENTS
vs.
XXX; JOHN DOE,
HUSBAND OF XXX,
XXX Ave
Rosedale, NY 11422
Defendant(s) Pro-Se
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REQUEST FOR DISCOVERY: PRODUCTION OF DOCUMENTS
XXX serves this Request for Production of Documents on Deutsche Bank National Trust
Company, per Case Management Order dated September 30, 2009, and as authorized by
Federal Rule of Civil Procedure 34. As required by this Order and Rule 34(b), Deutsche
Bank National Trust Company must produce all requested documents for inspection and
copying either as they are kept in the ordinary course of business or segregated according
to each request. The documents must be produced within 30 days of service of this
request at: XXX, XXX Ave, Rosedale, NY 11422.
INSTRUCTIONS
i). These requests for production of documents are directed toward all information known
or available to Deutsche Bank National Trust Company – not its lawyers with no
firsthand knowledge of the records in this instant case – including information contained
in the records and documents in Deutsche Bank National Trust Company’s custody,
control or available to Deutsche Bank National Trust Company upon reasonable inquiry.
Where requests for documents cannot be answered in full, they shall be answered as
completely as possible. No answer or an incomplete answer shall be accompanied by a
specification of the reasons for the lack of answer and the incompleteness of the answer
and of whatever actual knowledge is possessed with respect to each unanswered or
incompletely answered Request for Documents. Please state the name(s) of the senior
officer(s) having firsthand knowledge of the facts herein and their title answering this
request.
ii). Each Request for Documents is to be deemed a continuing one. If, after serving an
answer to any Request for Documents, you obtain or become aware of any further
information pertaining to that Request for Documents, you are requested to serve a
supplemental answer setting forth such information.
iii). As to every Request for Documents which you fail to answer in whole or in part, the
subject matter of that document request will be deemed confessed and stipulated as fact
to the Court.
iv). For each document or other requested information that Deutsche Bank National Trust
Company asserts is privileged or is not discoverable, identify that document or other
requested information. State the specific grounds for the claim of privilege or other
grounds for exclusion.
v). For each document that Deutsche Bank National Bank Trust Company claims is not
discoverable, state (1) the information required by the definition of “document” below,
(2) the author’s job title and address, (3) the recipient’s job title and address, (4) the name
and job title of all persons to whom it was circulated or who saw it, (5) the name, job
title, and address of the person now in possession of the document, and (6) the
document’s present location.
vi). For a document that no longer exists or cannot be located, identify the document,
state how and when it passed out of existence or when it could no longer be located, and
state 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 document’s existence or any facts about the lost document.
vii). As to every Request for production which you fail to answer in whole or in part, the
subject matter of that production will be deemed confessed and stipulated as fact to the
Court.
viii). Answer each request for production separately by listing the documents and by
describing them as defined below. If documents are numbered for production, in each
response, provide both the information that identifies the document and the document’s
number.
DEFINITIONS
The following terms have the following meanings, unless the context requires otherwise:
ix). Parties. The term “plaintiff” or “defendant,” as well as a party’s full or abbreviated
name or a pronoun referring to a party, means the party and, where applicable,
{his/her/its} agents, representatives, officers, directors, employees, partners, corporate
parent, subsidiaries, or affiliates. This definition is not intended to impose a discovery
obligation on any person who is not a party to the litigation.
x). Person. The term “person” means any natural person, any business, a legal or
governmental entity, or an association.
xi). Document. The term “document” is synonymous in meaning and equal in scope to
the usage of this term in Federal Rule of Civil Procedure 34(a) and includes computer
records in any format. A draft or non-identical copy is a separate document within the
meaning of this term. The term “document” also includes “any tangible things” as that
term is used in Rule 34(a).
xii). Communication. The term “communication” means the transmittal of information in
the form of facts, ideas, inquiries, or otherwise.
xiii). Identify (person). When referring to a person, “identify” means to give to the extent
known the person’s full name, present or last known address, telephone number, and,
when referring to a natural person, the present or last known place of employment. Once
a person has been identified in compliance with this paragraph, only the name of that
person needs to be listed in response to later discovery requesting the identification of
that person.
xiv). Identify (document). When referring to a document, “identify” means to give, to the
extent known, the following information: (1) the type of document; (2) the general
subject matter of the document; (3) the date of the document; (4) the authors, addressees,
and recipients of the document; (5) the location of the document; (6) the identity of the
person or entity who has custody of the document; and (7) whether the document has
been destroyed, and, if so, the (a) date of its destruction, (b) reason for its destruction, and
(c) identity of the person who destroyed it.
xv). Relating. The term “relating” means concerning, referring, describing, evidencing, or
constituting, directly or indirectly.
xvi). Any. The term “any” should be understood in either its most or its least inclusive
sense as necessary to bring within the scope of the discovery request all responses that
might otherwise be construed to be outside of its scope.
xvii). And/Or. The connectives “and” and “or” should be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all
responses that might otherwise be construed to be outside of its scope.
xviii). Number. The use of the singular form of any word includes the plural and vice
versa.
xiv). Deutsche Bank National Trust Company includes any and all persons, all past and
current employees and agents acting, for in concert or behalf of Deutsche Bank National
Trust Company each of your directors, employees, fiduciaries, representatives and agents,
of this allege plaintiff, and any individual over which this allege plaintiff, exercises the
power to control and direct as well as everyone acting for or on behalf of Deutsche Bank
National Trust Company having firsthand knowledge.
xx). “Documents” or “documents” means writings of every kind and character pertaining
to the designated subject matter, including, without limitation and not limited to, the
original and a certified copy, regardless of origin or location, of any regulation, court
decision, book, pamphlet, periodical, letter, memorandum, file, note, diary, calendar,
newspaper, magazine, statement, bill, invoice, order, policy, telegram, correspondence,
summary, receipt, opinion, investigation statement or report, schedule, manual, financial
statement, audit, tax return, articles of incorporation, bylaws, stock book, minute book,
agreement, contract, deed, security agreement, mortgage, deed of trust, title or other
insurance policy, report record, study, Note which indicates or constitutes evidence of
debt, monetary instrument, contract for services or transfer of money between Plaintiff
and any other person (natural or artificial), hand written note, map, drawing, working
paper, chart, paper, draft, index, tape microfilm, e-mail, data sheet, data processing card,
computer printout, computer program, check, bank statement, passbook or other written,
typed, printed, photocopied, dittoed, mimeographed, recorded, transcribed, punched,
taped, filmed, photographic or graphic matter, however produced, to which you have or
have not had access.
xxi). The term “equity in the original note” refers to the fact that not only does Deutsche
Bank National Trust Company have physical possession of the original promissory note
and custody like a fiduciary, but must have also vested financial interest in such: it legally
belongs to Deutsche Bank National Trust Company.
DOCUMENTS REQUESTED
1) Please identify the true owner of this obligation pursuant to 15 U.S.C. § 1641(f)(2) and
describe your relationship to this entity.
RESPONSE:
2) Produce copies of complaints or petitions in any action filed by or against Deutsche
Bank National Trust Company in which allegations are similar to those of this suit.
RESPONSE:
3) Produce settlement agreements that Deutsche Bank National Trust Company has
entered into with any party or non-party as a result of or relating to this instant case.
RESPONSE:
4) For each payment received, produce a complete payment history, including but not
limited to the dates and amounts of all the payments that have been made on the alleged
loan to date, how the payment was applied or credited (indicating the portion, if any,
applied or credited to principal, interest, escrow or suspense, and any Servicer), the
month to which the payment was applied and if interest and principle is calculated using
an daily actuarial accounting method;
RESPONSE:
5) Produce a certified copy of all Truth in Lending material disclosures provided at any
purported closing and all written notices that informed Defendant of all effective dates
concerning the transfer of the Note and Security Instrument pursuant to 12 USC §
2605(c);
RESPONSE:
6) Produce a certified copy of all letters, statements, documents, and material disclosures
sent to Defendant by Servicers, Sub-Servicers or others in your file or in your control or
possession or in the control or possession of any affiliate, parent company, agent, Sub-
Servicers, Servicers, attorney or other representative of your company;
RESPONSE:
7) Produce all accounting ledger cards, journal entries and/or bookkeeping entries
regarding the crediting of any and all Promissory Notes, money equivalents, or similar
instruments, identified as or evidencing assets provided by and/or signed by the
borrowers and consumers relating to this Account.
RESPONSE:

Produce a copy of all account receivables or

payable, (including the amount, payment date, purpose, length of insurance term, and
recipient of all expenses including appraisal fees, property inspection/preservation fees,
force-placed insurance charges, title insurance, hazard insurance, legal fees, recoverable
corporate advances) relating to this Account that Argent Mortgage Company, LLC,
Argent Securities, Inc., Deutsche Bank National Trust Company and any other bank,
depository or financial institution and/or mortgage servicers recorded in its accounting
ledger card and bookkeeping journal entries since the origination of this loan;
RESPONSE:
9) Produce the particulars of this Account setting forth each item recorded on the account
since origination to include any and all Promissory Notes, money equivalents, or similar
instruments, identified as or evidencing assets provided by and/or signed by the borrower
and consumers on which Deutsche Bank National Trust Company or any other entity
based an amount alleged due and owing, and the date that each item was delivered to the
Plaintiff;
RESPONSE:
10) Produce an identification of the source of the funds used to fund the loan since its
origination, including account name(s), number(s), and amount(s), including
identification of the source of the funds Deutsche Bank National Trust Company used to
purchase any and all Promissory Notes, money equivalents, or similar instruments,
identified as or evidencing assets provided by and/or signed by the borrowers and
consumers, and claims shall be due and owing, and the date the purchase was completed
by Deutsche Bank National Trust Company or any subsequent Servicer;
RESPONSE:
11) Produce certified copies, front and back, of all checks or wire transfer confirmation
obtained or issued by Argent Mortgage Company, LLC and used to fund and purchase
this obligation, including all copies of checks or wire transfers paid as third-party fees at
the closing by Argent Mortgage, LLC;
RESPONSE:
Further, you are hereby requested to produce the following documents and information as
related to public disclosure of securities under SEC rules and servicing of this obligation
– SEC File No.: 333-112237-01:
12) A certified copy of all recourse agreements (including, the Master Pooling and
Servicing Agreements, the Mortgage Loan Purchase Agreement, the Trust Agreement,
Servicer Agreement, Assignment and Assumption Agreement, SEC Forms 424(b)(5), 8K,
10K, 10D, REMIC, NIMS Insurer) between the Servicers, Argent Securities, Inc., Argent
Mortgage Company, LLC, Ameriquest Mortgage Company, Deutsche Bank National
Trust Company and the SPV, and any other entity who claims ownership in this
obligation whereby the original promissory note agreement and collateral instruments
were pooled and securitized into a mortgage-backed security in the structured finance
transaction;
RESPONSE:
13) Pursuant 17 CFR 240.12g5-1 provide the name of the “record holders” and/or the
name of “each person who is identified as the owner of such securities on records of
security holders maintained by or on behalf of the issuer.”
RESPONSE:
14) A certified copy of the Registration Statement as that term is defined under 15 USC §
77b(a)(8), i.e.; Form 8-A (short form) and Form 10 (long form) Registration Statements
under the 1934 Act, Form S-1 and S-3 Registration Statement under the 1933 Act;
RESPONSE:
15) Any request for exemption or No-action letters from SEC with respect to their
securities and all ACTS and certified copies of the application filed with the SEC for
exempt status and the order issued by the SEC granting exempt relief from the
appropriate provisions;
RESPONSE:
16) If no registration statement pursuant to the 1933 Act is available or otherwise
required, please provide a comprehensive description that meets the “General Statement”
of Regulation S and satisfies the conditions applied to the “Safe Harbor” rule.
RESPONSE:
17) The Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) Pub. L. 97-248, 96
Stat. 324, a bearer debt security generally must be issued under arrangements reasonably
designed to ensure that such obligation will be sold only to a person who is not a United
States person and must satisfy certain other conditions identified in the Tax Code § 163(f)
(2)(B), and as such please provide:
a) The Identify of all parties with ownership interest who have met the criteria as adopted
by Treasury Regulation § 1.163-5(c)(i)(D) “TEFRA D” and § 1.163-5(c)(i)(C) “TEFRA
C”
RESPONSE:
b) Certified copies of all statements on a U.S. Form W-8 or substitute thereto certifying
the owner’s non-U.S. status where the obligations issued in registered form are not
subject to the TEFRA rules and considered “portfolio interest.”
RESPONSE:
c) All information statements and returns filed with the IRS which identifies the name
and address of all recipients of interest and original issue discount that meets the
provisions of a U.S. obligor making payments to a foreign person under the Tax Code §§
871(a)(1), 881(a), 1441(a), 1442(a) and § 6049
RESPONSE:
18) A description whether the Special Purpose Vehicle or the originator is the “issuer” as
that term is defined under 15 USC § 80a-2(a)(22) for registration purposes under the
Investment Company Act of 1940;
RESPONSE:
19) A description whether the pool or securities issued were required to register under the
statutory or statistical definition of the 1940 Act? i.e., pursuant 17 CFR 270.3a-7 and if
exempt, describe the characteristics that define the exception and avoids all requirements;
RESPONSE:
20) The allonge, front and back, affixed to my original promissory note with
indorsements (including the dates endorsed) relating to and/or associated with this
transaction, as outlined in the SEC Prospectus [Rule 424(b)(5)], Account No.:
0000882377-04-001138 filed on June 1, 2004 as follows: Argent Mortgage Company,
LLC (Originator) sold the mortgage loan to Ameriquest Mortgage Company (Seller &
Master Servicer) who then sold the mortgage loan to Argent Securities, Inc. (Depositor).
RESPONSE:
Please be aware that the information contained in or filed with a Registration Statement
as that term is defined under 15 USC § 77b(a)(8) shall be made available to the public
under 15 U.S.C. § 77f(d) including any amendment thereto and any report, document, or
memorandum filed as part of such statement or incorporated therein by reference.
Nothing in the above requested documentation is proprietary under SEC rules, and is
needed to determine accurate assignee liability and any pecuniary interest of Servicers
and/or Trustees. Failure to provide the requested information confirms willful deceit on
the part of Deutsche Bank National Trust Company, has legal implications and
application under 17 CFR § 240.10b-5; (Rule 10b-5), of the 1934 Act, and applies to
everyone, including any reference to Internal Revenue Code for evasion or money-
laundering.
Prepared and Submitted by: XXX
XXX Avenue
Rosedale, NY 11422
CERTIFICATE OF SERVICE
I, XXX certify that on this 29th day of the month of October, 2009.
1. A true copy of the 12-page Request for Production Of Documents was served on The
New Superior Court of New Jersey, Chancery Division – Essex Vincinage, at 212
Wasington Street, Eighth Floor, Newark, New Jersey.
2. A copy of the foregoing was mailed on October 28 2009 to Ralph F. Casale, Esq., 290
Route 46 West, Denville, New Jersey 07834 by Express Mail No. XXX.
Dated: Queens New York
This _________ day of ___________ 2009 XXX
XXX Ave
Rosedale, NY 11422
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