Discovery to Wells Fargo

Interrogatories

I trusted Discovery because that was all I knew. Wells Fargo, using their lawyers, answered little, and even less, honestly.

When I wanted to find out ff Wells Fargo’s copy of the Original Note was real or in some way fabricated, I began calling forensic document investigators. A forensic mortgage fraud auditor suggested I do a Qualified Written Request. So, I did (no stone unturned, sort of thing). It turns out that a Qualified Written Request gets results in a way Discovery never did for me. Though, I still have several days to wait for the answers, I do know that Wells Fargo acknowledged receipt of my QWR, as per requirements of RESPA.

6/11/2016 ~ One thing I learned from Wells Fargo’s answers to my QWR was that Wells Fargo no longer owns my loan, it’s now owned by Fannie Mae. I also learned that as of last August Wells Fargo had paid its lawyers over $110,000 to foreclose my $72,000 mortgage.

Qualified Written Request ~ Read more.

Sample Interrogatories, Foreclosure Defense ~ Read now.

Another example of Interrogatories used to fight Foreclosure ~ Read now.

Another Foreclosure Defense set of Interrogatories ~ Read now.

Amazing Tips for Drafting Interrogatories

Prosecuting my Counterclaim

I filed a Counterclaim within my Answer to Wells Fargo’s Complaint for Foreclosure. To prosecute my Counterclaim I did Discovery, including Interrogatories, Requests for Admissions, and Requests for Production. I didn’t do much beyond that, though.

Foreclosure Answer and CounterclaimRead more.

6/11/2016 ~ In the end Wells Fargo moved to have my counterclaims dismissed. I had previously refused to answer any Wells Fargo discovery based on my counterclaims because, I said, Wells Fargo did not have standing and if the case was dismissed, as it should be, the counterclaim would not survive. At the hearing I only feebly defending my counterclaim. The judge said most of it was “not cognizable”. I wasn’t really upset about that. For one thing, I’m exhausted from the foreclosure and fighting for the counterclaim was beyond my remaining energy.

The rules regarding discovery are about the same in most states. I’ve quoted part of the rule at the start of my document. You can find the rule for your state online in order to read all of it.

Discovery ~ Interrogatories


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 SET OF INTERROGATORIES TO PLAINTIFF WELLS FARGO BANK NA

Pursuant to NMRA 1-026 – General provisions governing discovery and 1-033 – Interrogatories to parties – you are hereby required to answer fully and under oath each of the following Interrogatories and send a sworn copy of your answers to Defendant pro se within thirty (30) days of service hereof. You are to use all information available to you, your agents, your staff, or attorneys in answering these Interrogatories.

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, correspondence, telegrams, emails, bulletins, charts, diagrams, literature, brochures, work assignments, reports, evaluations, memoranda, notations of telephone or personal conversations, conferences or meetings, contracts, agreements, interoffice communications, notes, notebooks, 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.

.

5. Me, Mine, My, I, Karen Kline, Karen Marie Kline, Karen M. Kline: the words “me”, “mine”, “my”, “I”, “Karen Kline”, “Karen Marie Kline”, or “Karen M. Kline” shall mean the Defendant in this case, Karen Marie Kline.

.

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 calimed, 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.

INTERROGATORIES

1. State the indicated information about each person actually answering these interrogatories:

a. What is your full legal name?

b. What is your business address?

c. What is your resident address?

d. What is your occupation and job title?

These are the only questions they answered. They had legalese excuses for not answering each of the other questions.

.

2. What is the relationship of Wells Fargo Bank NA to Wells Fargo Home Mortgage?

.

3. What is the relationship of Wells Fargo NA to Wells Fargo Securities?

.

4. What is the relationship of Wells Fargo Home Mortgage to Wells FargoSecurities?

a. Please will you explain how Wells Fargo mortgages are securitized?

b. Are or were Wells Fargo mortgages traded as derivatives and/or swaps? And,

c. If so, please give the total value of those transactions for each of the last seven years;

d. What is Wells Fargo’s leverage ratio on mortgage securities and if it has changed please provide the leverage ratio for each of the last seven years?

e. Did/Does Wells Fargo have mortgage securities insurance through AIG or another insurance provider? And,

f. Please will you provide the amount of insurance covering mortgage securities that has been collected/paid to any division of Wells Fargo in each of the last seven years?

g. Is it more profitable for Wells Fargo to foreclose and collect mortgage securities insurance than it is to make the home mortgage affordable so that the family/owner can stay in their home? And,

h. Is that equally true when the devastation to the nation’s economy is taken into consideration?

i. I understand from Hope Now that Wells Fargo is committed to helping people stay in their homes, is that true?

.

5. Were the papers sent to me, Karen Kline, on March 6, 2009, by Wells Fargo Home Mortgage regarding “Modification” reflective of the US Treasury’s Home Affordable Modification Guidelines published March 4, 2009: http://www.ustreas.gov/press/releases/reports/modification_program_guidelines.pdf

.

6. Please will you explain in detail what steps were taken in processing the Home Affordable Modification Request and supporting documents I sent Wells Fargo Home Mortgage, Attn: Borrower Counseling Services, on or about March 17, 2009?

.

7. On May 4, 2009, at about 1:37 p.m., a Hope Now counselor helped me with a conference call to Wells Fargo Home Mortgage – during that call Levinia in Default Operations said that there was no “loss mitigation” on file and that my file had not been updated since 2005; Why wasn’t my file updated when I sent in my request and documentation for Home Affordable Modification?

.

8. On May 20, 2009, at about 1:05 p.m., a Hope Now counselor helped me with a second conference call to Wells Fargo Home Mortgage so that the status of my request could be checked; during that call Sandra in Loss Mitigation said that my file had been “pulled back” from Liquidation on May 19, 2009 and that I had to restart the process by having the documents faxed in again but with the current date and my signature for the current date – which makes me ask: Why did it take so long to “pull back” my file from Liquidation? And,

a. Are Liquidation and Loss Mitigation aware that a foreclosure on my property is in process and that this is time sensitive?

b. Does Liquidation reflect the department that handles foreclosures?

c. Has my case been pulled back from foreclosure?

d. Have Wells Fargo’s attorneys been notified of any of these developments?

.

9. On 10/3/05 I wrote to the New Mexico Regulating and LicensingDepartment, 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; What instructions do you give your foreclosure attorneys in relation to how to deal with people who have paid on their homes but then through adverse circumstances have fallen behind and are in foreclosure, or for that matter, any person suffering foreclosure?

.

10. Please explain why, after I sent you my letter of 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 agent who was closing the sale of my rental, Attarah Gutierrez, in which she wrote, “Yes” she could pay off my loan on my home, you did not stop trying to sell my home at foreclosure auction and in fact forced me to have to file bankruptcy in order to save my home?

a. When you evaluate a loan request and there has been a bankruptcy, what is your policy?

b. What did you gain by refusing to stop the foreclosure auction of my home after I had assured you that I would pay my mortgage off on 9/22/05?

c. Given that the “mortgage meltdown” began in late summer of 2007, please explain why it is or is not fair to say that because of bank loan policies generally, not just those of Wells Fargo, concerning bankruptcies I was unable to refinance my home prior to the beginning of the mortgage meltdown?

d. Please explain why it is or is not fair to say that I lost the equity value of my home when you refused to stop the foreclosure auction and I therefore had to file Chapter 11 to save my home?

.

11. Please will you explain why in 2005 I had to write a motion to the court to force the Wells Fargo attorneys to give me a payoff figure after I sold my rental property on 9/22/05 and I wanted to pay off my mortgage?

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12. Please will you explain why the Wells Fargo attorneys rescheduled the foreclosure auction for November, 2005 instead of simply giving me the payoff figure?

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13. Please will you explain why the payoff figure I was finally given was nearly $20,000 more than the amount my home would have been sold for at auction?

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14. Please will you explain why Wells Fargo made it so hard for me to keep my home while making it so much easier for someone else to take my home from me at a foreclosure auction when I wanted to pay for it myself and had the means?

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15. Please will you explain why Wells Fargo would not accept the September 21, 2005 dismissal of my Chapter 11 and give me any of my money from my checking account even though I produced a copy of the Bankruptcy Court Order that dismissed my Chapter 11?

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16. Please will you explain exactly when and why the November, 2005 foreclosure sale was scheduled?

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17. Please explain why it is or is not fair to say that Wells Fargo damaged my credit and me when it refused to stop the fall 2005 foreclosure sale thereby forcing me to file bankruptcy to save my home? And,

a. Is it fair to say that Wells Fargo caused the present foreclosure by refusing to stop the foreclosure sale in the fall of 2005 which in turn caused me to have to file bankruptcy which in turn caused me to be unable to get to the equity in my home which I had built up over nearly two decades?

.

Respectfully submitted,

Karen Marie Kline
Santa Fe, New Mexico 87507

.

.

.

FIRST JUDICIAL DISTRICT COURT
COUNTY OF SANTA FE
STATE OF NEW MEXICO

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 SET OF INTERROGATORIES TO PLAINTIFF WELLS FARGO BANK NA

I hereby certify that on May 26, 2009, I sent two copies of my First Set of Interrogatories, pursuant to NMRA 1-026 and 1-033, stating, “you are hereby required to answer fully and under oath each of the following Interrogatories and send a sworn copy of your answers to Defendant pro se within thirty (30) days of service hereof. You are to use all information available to you, your agents, your staff, or attorneys in answering these Interrogatories” 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
Santa Fe, New Mexico 87507

CERTIFICATE OF SERVICE: I caused a true copy of the above CERTIFICATE OF SERVICE OF DEFENDANT KAREN MARIE KLINE’S FIRST SET OF INTERROGATORIES 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

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