If you are fighting a foreclosure, then in your Requests for Production you should ask to see the Original Note, “Please produce the Original Note.” This is important because when banks and mortgage lenders were in their heyday of fraud they didn’t keep track of the actual notes and mortgages. The Note, original with original signatures, is a “negotiable instrument” i.e. money, and is essential to the foreclosure.
The plaintiff must produce the Original Note or show evidence that it was lost while in the plaintiff’s possession.
If your bank or lender cannot produce the note, nor say where the note is, they may ask you to go to a deposition. Once there they will ask you questions designed to relieve them of the responsibility of producing the original note. Do not be fooled. A copy can be altered in ways you don’t easily see. Insist on seeing the original, “Please produce the Original Note.”
Because Wells Fargo’s fraud in its foreclosure action against my home has seriously affected my health, due to the stress, I wish I’d used more vitamin B12 and much more frequently. Just saying.
FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE
STATE OF NEW MEXICO
No. D-101-CV-200800942
Wells Fargo Bank NA,
Plaintiff,
v.
Karen Marie Kline, Pueblos de Rodeo Road Owners
Association, Inc.; Manhattan Condominium Association,
Defendants.
DEFENDANT KAREN MARIE KLINE’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF WELLS FARGO BANK NA
Pursuant to NMRA 1-026 – General provisions governing discovery and 1-034 – Production of documents and things and entry upon land for inspection and other purposes – you are hereby required to produce and permit the party making the request, or someone acting on the requestor’s behalf, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono records and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonable usable form), or to inspect and copy, test or sample any tangible things which constitute or contain matters within the scope of Rule 1-026 NMRA and which are in the possession, custody or control of the party upon whom the request is served.
The party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request, except that a defendant may serve a response within forty-five (45) days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under Rule 1-037 NMRA with respect to any objection to or other failure to respond to the request or any part thereof, or any failure to permit inspection as requested.
DEFINITIONS
1. Documents: The word “documents” where it appears herein means written, printed, typed, recorded or graphic matter of every type and description, however and by whomever prepared, produced, reproduced, disseminated, or made, in any form, which is or was in Defendant’s actual or constructive possession, custody or control, as defined in paragraph 2, below, including, but not limited to, all writings, letters, minutes, emails, correspondence, telegrams, bulletins, charts, diagrams, literature, brochures, work assignments, reports, evaluations, memoranda, notations of telephone or personal conversations, conferences or meetings, contracts, agreements, notebooks, interoffice communications, notes, diaries, drafts, worksheets, data sheets, data compilations, EDP printouts, microfilm, microfiche, circulars, pamphlets, studies, test results, notices, summaries, books, invoices, graphs, blueprints, specifications, engineering drawings, labels, photographs, phonograph records, tapes, sound recordings, films, slides, video tapes, speeches, computer files or disks, and any other writing or data storage method from which information can be obtained or translated through detection devices into reasonably usable form, or any other tangible thing. The term “document” shall also mean each copy which is not identical to the original or to any other identified copy.
2. Identify: The word “identify” where it appears herein means, with respect to the documents referred to that are in your possession, custody or control, that you are to supply an answer with the following type of information: type of document (e.g. letter, legal instrument, report, memorandum, etc.) Title, date, author’s name, and addressee’s name, if any. With respect to any documents which you know to have existed at one time, but which no longer exist, identify the type of document, date, author’s name, addressee’s name, last location, and circumstances of loss or destruction.
With respect to a person, as defined below, the word “identify” means that you are to supply an answer with the following information: full name, last-known address and telephone number, occupation and title, if any.
3. Person: The word “person’ where it appears herein means all natural persons or entities, including, without limiting the generality of the foreclosing, an individual, firm, corporation, company, association, partnership, business, public agency, trust, department, bureau, board organization, or any other form of public, private of legal entity.
4. Plaintiff, You, Your, Yours: The words “Plaintiff”, “you”, “your”, or “yours” shall mean Wells Fargo Bank NA, or any of its predecessors, successors, or affiliated business entities and likewise shall mean any other individuals or entities or persons who have acted as agent of or under the direction of Wells Fargo Bank NA.
CLAIM OF PRIVILEGE
For information you withhold because of a claim of privilege, state the general nature of the information and set forth the nature of the privilege claimed, and as to each communication as to which privilege is claimed, state the date of the communication, the persons present, the positions of the persons present, the general substance of the communications, and the reason the privilege is claimed.
LOST OR DESTROYED DOCUMENTS
If you maintain that any document referred to or relied upon in your answers to these interrogatories has been lost, misplaced or destroyed, set forth the content of said document or description of said document, the location of any copies of said document, the date of such loss or destruction, and if the document was destroyed, the name of the person who ordered or authorized its destruction.
REQUESTS FOR PRODUCTION
1. Attorneys in the foreclosure of my home at 3255 Calle de Molina, Santa Fe, New Mexico, 87507 have written in reply to my response to their Motion for Summary Judgment that all issues were fairly and completely litigated in the foreclosure action filed on my home in 2004: No. D-101-CV-200400390, but I was not given an opportunity to appear at any hearing, therefore please produce some evidence that in fact I was afforded due process and was present at a hearing prior to the foreclosure of my home at 3255 Calle de Molina, Santa Fe, New Mexico 87507 at the hearing held on February 8, 2005, and filed the next day on February 9, 2005.
2. In the aforementioned 2005 foreclosure of my home I was not sent, or if sent I did not receive a notice of the hearing at which my home was foreclosed, please produce a copy of any notice of hearing that was sent to me,
a. and, if it was returned to the sender please produce record of that; and
b. please produce the certified mail receipt that shows the notice was actually mailed.
3. In the foreclosure action on my home that was filed in 2008: D-101-CV-200800942, I was not served. Attorneys for Wells Fargo have said that the summons was mailed to me by certified mail: Please produce the certified mail receipt;
Please produce the notice which the attorneys and/or your representative has said was sent by the post office showing that the certified mail was waiting for me to pick up, but I had not picked it up.
4. Please produce the original note and mortgage which I signed at the time the note and mortgage were originated;
a. If you do not have the original note and mortgage in your possession, please identify where, exactly, they are; and
If you do not have the original note and mortgage in your possession, please produce the records showing when the debt was securitized and who has owned it since that time;
If the debt has been traded as a derivative or swap, please produce the records showing how much profit or loss has been made by trading my mortgage debt on the market; and
d. If this, or any, foreclosure action has caused insurance to be paid on the debt, please produce the records showing who insured the debt, how much insurance was paid, and what terms apply if the foreclosure was not followed by an auction sale.
5. Please produce your copy of the 10/3/05 complaint I wrote to the New Mexico Regulating and Licensing Department, Financial Institutions Division, complaining that the attorney for Wells Fargo was refusing to give me a payoff figure for my loan and that in fact she began yelling at me when I was connected to her on the phone.
6. Please produce the guidelines you supply your attorneys who deal with your foreclosures to ensure that their quality of interaction with your clients is in line with the standard of quality you expect from others who are in the pay of Wells Fargo.
7. Please produce the letter I sent you on 9/1/05 in which I told you that I wanted to pay off my loan on 3255 Calle de Molina on 9/22/05, and I included an email from the title company that was closing the sale of my rental in which the title company agent, Attarah Gutierrez, said, “Yes,” she could pay off my loan on my home.
Respectfully submitted,
Karen Marie Kline
Street Address
Santa Fe, New Mexico 87507
Phone Number
FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE
STATE OF NEW MEXICO
No. D-101-CV-200800942
Wells Fargo Bank NA,
Plaintiff,
v.
Karen Marie Kline, Pueblos de Rodeo Road Owners
Association, Inc.; Manhattan Condominium Association,
Defendants.
CERTIFICATE OF SERVICE OF DEFENDANT KAREN MARIE KLINE’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF WELLS FARGO BANK NA
I hereby certify that on May 26, 2009, I sent two copies of my First Request for Production, pursuant to NMRA 1-026 and 1-034, stating, “you are hereby required to produce and permit the party making the request, or someone acting on the requestor’s behalf, to inspect and copy any designated documents”… and, “The party upon whom the request is served shall serve a written response within thirty (30) days after the service of the request…” to:
Karen Howden Weaver
Castle Meinhold and Stawiarski
20 First Plaza NW Suite 602
Albuquerque, New Mexico 87102
Sharon Hankla
999 18th St., Suite 2201, Bin 1
Denver, CO 80202
(800) 286-0013; (303) 285-2222
Respectfully submitted,
Karen Marie Kline, Defendant, pro se
3255 Calle de Molina Santa Fe, New Mexico 87507
(505) 471-2367
CERTIFICATE OF SERVICE: I caused a true copy of the above CERTIFICATE OF SERVICE OF DEFENDANT KAREN MARIE KLINE’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF WELLS FARGO BANK NA to be mailed today, May 26, 2009, to:
Karen Howden Weaver
Castle Meinhold and Stawiarski
20 First Plaza NW Suite 602
Albuquerque, New Mexico 87102
Sharon Hankla
999 18th St., Suite 2201, Bin 1
Denver, CO 80202
(800) 286-0013; (303) 285-2222