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FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009
NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________---______------------------ -X
DEUTSCHE BANK NATIONAL TRUST Index No.: 107030/2009
COMPANY AS TRUSTEE FOR AMERICAN
HOME MORTGAGE ASSETS TRUST 2007-1 PLAINTIFF'S RESPONSE
MORTGAGE-BACKED PASS-THROUGH AND OBJECTIONS TO
CERTIFICATES, SERIES 2007-1 ROYAL BLUE REALTY
HOLDINGS, INC.'S
Plaintiff, FIRST NOTICE OF
-against- DISCOVERY AND
INSPECTION TO
PLAINTIFF.
ROYAL BLUE REALTY HOLDINGS,
INC., ET AL.
Defendants.
_________--- ¬__ __.·-- ----X
Plaintiff, Deutsche Bank National Trustee Company as Trustee for American Home
Mortgage Assets Trust 2007-1 Mortgage-Backed Pass-Through Certificates, Series 2007-1
("Plaintiff"), by its attorneys, McCabe Weisberg & Conway, LLC and Ganfer Shore Leeds &
Zauderer LLP responds as follows to defendant Royal Blue Realty Holdings, Inc.'s
("Defendant"
or "Royal Blue") First Notice of Discovery and Inspection to Plaintiff dated
April 26, 2019 (the "Demand"):
GENERAL OBJECTIONS
The General Objections are intended to apply to, and be a part of, Plaintiff's response to
each and every request contained in the Demand and any answer or objection made to any
specific request is made subject to and without waiving these Gcñcral Objections.
1. Plaintiff objects to the Demand to the extent it seeks information
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and/or documents protected by the attorney-client privilege, the attorney work product doctrine,
the privilege for material prepared in anticipation of litigation or any other applicable privilege or
substantive right, such as the right of privacy. Plaintiff reserves the right to withhold such
documents from production. The inadvertent production of documents protected by any
privilege or substantive right shall not be construed as a waiver of such privilege or right and,
upon discovery of such document by Defendant or request by Plaintiff, such document (and all
copies thereof) shall be immediately returned to Plaintiff.
2. Plaintiff objects to the Demand to the extent itpurports to impose any obligation
to: (a) generate documents not currently existing; (b) locate any document or tangible thing not
in its possession, custody or control; (c) add and/or change the meaning of any request in the
conjunctive or disjunctive; and/or (d) respond to any portion or aspect of a request not described
with reasonable particularity by the express language of the request.
3. Plaintiff objects to the Demand to the extent itpurports to impose
obligations upon Plaintiff beyond those required or permitted by the CPLR or the rules of this
Court.
4. Plaintiff objects to the Demand to the extent that the requests contained therein
are poorly worded, or capable of multiple interpretations; that they do not identify with
particularity the information sought; and that they lack sufficient precision to allow Plaintiff to
formulate an appropriate response. To the extent that any individual request is vague or
ambiguous, Plaintiff has responded to the best of its ability, but has not attempted to speculate as
to the meaning of any specific request.
5. Plaintiff objects to the Demand to the extent that it seeks documents containing or
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reflecting commercially sensitive, confidential and/or proprietary systems or information.
6. Plaintiff objects to the Demand as vague, ambiguous, overly broad, unduly
burdensome, and intended solely to harass Plaintiff and/or its counsel.
7. Plaintiff objects to the Demand to the extent it seeks: (a) information already in
Defendant's possession or available in the public domain; (b) responses which provide identical
or cumulative information; or (c) documents that exceed or are otherwise unrelated to the matters
in controversy and/or do not relate to the claims or affirmative defenses asserted in this litigation.
Providing such information would be duplicative and unduly burdensome, and the responsive
information is more easily obtained through other means.
8. Plaintiff objects to the Demand to the extent it seeks the production of
documents and/or information that are not material and/or necessary to the prosecution or
defense of this action.
9. Plaintiff objects to the Demand to the extent it seeks production of documents that
are not within the possession, custody and/or control of Plaintiff.
10. Plaintiff objects to the Demand to the extent itseeks production of documents
relating to entities or individuals other than the parties to this action.
11. Plaintiff does not concede that any of the documents produced in response to the
Demand are admissible at a trial in this action and all objections as to relevance, competence,
materiality, privilege, authenticity and admissibility of any documents produced by Plaintiff are
expressly reserved.
12. Plaintiff reserves the right to make additional objections to the Demand at any
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time, including but not limited to objections as to the relevance, competence, materiality,
privilege, authenticity and admissibility of the Demand and Plaintiff's responses, and to move
for an appropriate protective order.
13. Plaintiff reserves the right to conform these responses to the proof adduced up to
and at the trialof this action and to conform itspleadings to the proof.
14. Plaintiff does not necessarily adopt Defendant's definitions and instructions in
those cases where specific objections have not been made. Plaintiff's responses do not constitute
admissions or acceptances of the terms and conditions used therein. Throughout these responses,
Plaintiff has endeavored to give each term its plain and ordinary meaning and interpretation.
15. Plaintiff reserves the right to amend and/or supplement its responses to
Defendant's Demand up to and including the time of trial of this matter.
SPECIFIC OBJECTIONS AND RESPONSES
Subject to, and without waiver of the foregoing general objections, Plaintiff hereby
responds to the Demand as follows:
Request No. 1: All documents and correspondence prepared, created, received or relied
upon in connection with the making and closing of the loans referenced by plaintiff in the
CEMA, as defined in plaintiff's Amended Mortgage Foreclosure Complaint (the "Complaint"),
including all applications, credit reports, appraisals, title reports, underwriting reviews and
analyses, property inspections, environmental reports, brokers opinions of value, engineering
reports, and market studies and valuations.
Response to Request No. 1: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially
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sensitive, confidential and/or proprietary systems or information, seeks information that is not
material and/or necessary to the prosecution or defense of this action, and neither relevant to the
issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible
evidence. Subject to and without waiving the foregoing general and specific objections, Plaintiff
responds that to the extent this request seeks documents and correspondence related to the
making and closing of the loan evidenced by the Consolidated Note dated September 21, 2006
which is the subject of this litigation (the "Consolidated Note") and the CEMA of the same date
(the "Loan"), Plaintiff will make available for inspection at the office of Ganfer Shore Leeds &
Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually
agreeable by the attorneys for the parties, non-privileged documents and correspondence
prepared, created, received or relied upon in connection with the making and closing of the Loan
contained in the Loan File for the Loan.
Reauest No. 2: All correspondence and communications with the obligors or borrowers
referenced in plaintiff's Complaint ("Borrower") for the any [sic] loans referenced by plaintiff in
the Complaint (the "Loans") or in any manner related to any such loans to any Borrower and/or
their agents and representatives.
Response to Request No. 2: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and neither relevant to the issues in dispute in this action
nor reasonably calculated to lead to the disclosure of admissible evidence. Subject to and
without waiving the foregoing general and specific objections, Plaintiff will make available for
inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New
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York, New York 10017, on a date mutually agreeable by the attorneys for the parties,
correspondence and communications with the obligors or borrowers for the Consolidated Note
contained in the Loan File for the Loan.
Request No. 3: All documents and correspondence prepared, created, received or relied
upon in connection with the preparation for an prosecution of the foreclosure of the Loans, other
than the loan documents referenced by Plaintiff in the Complaint ("Loan Documents"),
including, but not limited to,the allonges and/or assignments of the Loans, all title reports,
appraisals, market studies and valuations, brokers opinions of value, calculations of payment
arrears with respect to the Loans and any default notices, settlement proposals and discussions.
Response to Reauest No. 3: Plaintiff objects to this request on the ground that itseeks
the production of documents protected by the attorney-client privilege, the attorney work product
doctrine, and/or the privilege for material prepared in anticipation of litigation, is overbroad,
vague, and ambiguous, seeks documents containing or reflecting commercially sensitive,
confidential and/or proprietary systems or information, seeks information that is not material
and/or necessary to the prosecution or defense of this action, and neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Subject to and without waiving the foregoing general and specific objections, Plaintiff refers
Defendant to Plaintiff's response to request No. 1 above and to the documents produced by
Plaintiff as Bates No. 000001-000047; 000106-132; and 000302-1016 (the "Prior Production")
in response to the discovery demand established by the Order of the Honorable Judith N.
McMahon, J.S.C. dated December 11, 2018 for the allonges and recorded written assignments of
mortgage for the mortgages securing the subject Loan.
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Request No. 4: All correspondence and communications between plaintiff and/or any of
its agents or representatives and any state, local or federal officer, agency or authority and/or any
trustee or administrator appointed by any court or governmental authority with respect to the
servicing of the Loans and/or any parties servicing the Loans.
Response to Request No..4: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information that is neither relevant to the issues
in dispute in this action nor reasonably calculated to lead to the disclosure of admissible
evidence.
Request No. 5: All correspondence and communications between plaintiff and/or any of
its agents or representatives and any of American Home Mortgage Corporation and/or its
subsidiaries, affiliates, successors or assigns (collectively "AHM") and itsor their agents or
representatives with respect to the Loans and any default notices, settlement proposals, and
discussions.
Response to Request No. 5: Plaintiff objects to this request on the ground that itseeks
the production of documents protected by the attorney-client privilege, the attorney work product
doctrine, and/or the privilege for material prepared in anticipation of litigation, is overbroad,
vague, ambiguous, overly burdensome, seeks information in Royal Blue's possession, custody
and control (including communications between the parties and/or counsel for the Parties), seeks
information that is not material and/or necessary to the prosecution or defense of this action, and
seeks information neither relevant to the issues in dispute in this action nor reasonably calculated
to lead to the disclosure of admissible evidence (including settlement related documents).
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Subject to and without waiving the foregoing general and specific objections, Plaintiff will make
available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington
Avenue, New York, New York 10017, on a date mutually agreeable by the attorneys for the
parties, non-privileged correspondence between Plaintiff and itsagents or representative, on the
one hand, and AHM and itsagents and representatives, on the other, related to the Loan and
default notices sent to Defendants contained in the Loan File for the Loan.
Request No. 6: All correspondence and communications between plaintiff or any of its
agents or representatives and any assignors of the Loans, including, but not limited to,
Homeward Residential, American Home Services, Inc. and Ocwen Financial Services and any
other party that is acting or has acted as a servicer of the Loans (collectively, the "Servicer").
Response to Request No. 6: Plaintiff objects to this request on the ground that itseeks
the production of documents protected by the attorney-client privilege, the attorney work product
doctrine, and/or the privilege for material prepared in anticipation of litigation, that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Subject to and without waiving the foregoing general and specific objections, Plaintiff states that
ithas been the owner of the Loan since commencement of this action, the Loan has not been
subsequently assigned, and refers Defendant to Plaintiff's response to request No. 5 to the extent
that this request seeks information from the servicer.
Request No. 7: All documentation confirming the authority of every individual who
executed documents on behalf of plaintiff, AHM, or any Servicer with respect to the Loans or the
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assignment or endorsement of any promissory notes (the "Notes") as defined in the Complaint
and/or the mortgage or mortgages, as defined in the Complaint ("Mortgages").
Resnonse to Reauest No. 7: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially
sensitive, confidential and/or proprietary systems or information, seeks information that is not
material and/or necessary to the prosecution or defense of this action, and seeks information
neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the
disclosure of admissible evidence.
Request No. 8: With respect to any party identified in response to the preceding
document request, any documents that indicate the title of such party or office held in the entity
that executed the relevant document, the dates of such party's employment by or appointment to
the entity executing the relevant document, and the scope of such party's authority to act for
an/or bind such entity.
Response to Request No. 8: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially
sensitive, confidential and/or proprietary systems or information, seeks information that is not
material and/or necessary to the prosecution or defense of this action, and seeks information
neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the
disclosure of admissible evidence.
Request No. 9: All correspondence and communications between plaintiff or any of its
agents or representatives and any court, judge, magistrate, trustee or other of [sic] individuals
with respect to the bankruptcy of AHM.
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Response to Request No. 9: Plaintiff objects to this request on the ground that itseeks
the production of documents protected by the attorney-client privilege, the attorney work product
doctrine, and/or the privilege for material prepared in anticipation of litigation, that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Request No. 10: All public filings and reports, including prospectuses and other offering
materials, with respect to sale of interests of and ownership of interests in American Home
Mortgage Assets Trust (the "Plaintiff's Trust").
Response to Request No. 10: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, seeks information neither relevant to the issues in dispute in
this action nor reasonably calculated to lead to the disclosure of admissible evidence, and seeks
publically available documents that are readily available to Defendant and which would be
duplicative and unduly burdensome for Plaintiff to produce since they are more easily obtained
by Defendant through other means. Subject to and without waiving the foregoing general and
specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore
Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date
mutually agreeable by the attorneys for the parties, public documents, if any, sufficient to show
the sale or disposition, if any, of the named Plaintiff trust which would effect the Loan and refers
Defendant to Plaintiff's response to request No. 9 and to the documents produced as Bates No.
000302-001016 as part of the Prior Production.
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Request No. 11: All correspondence with investors and holders of interests in the
plaintiff in connection or related to the instant litigation.
Response to Request No. 11: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Request No. 12: All pooling and servicing and related agreements, and amendments
thereto with respect to the management, operation and ownership of the plaintiff Trust.
Response to Reauest No. 12: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, seeks information neither relevant to the issues in dispute in
this action nor reasonably calculated to lead to the disclosure of admissible evidence, and seeks
the production of publically available documents that are readily available to Defendant. Subject
to and without waiving the foregoing general and specific objections, Plaintiff will make
available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington
Avenue, New York, New York 10017, on a date mutually agreeable by the attorneys for the
parties, the Pooling and Servicing Agreement (the "PSA") for the named Plaintiff trust as
available on the SEC's website and a redacted copy of the schedule(s) to the PSA sufficient to
show that the Loan was part of the subject Trust.
Request No. 13: All assignmeñts of interests to the plaintiff by the party or parties who
sold, conveyed or transferred any assets, including, but not limited to, mortgages and/or
promissory notes to plaintiff.
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Response to Request No. 13: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially
sensitive, confidential and/or proprietary systems or information, seeks information that is not
material and/or necessary to the prosecution or defense of this action, and seeks information
neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the
disclosure of admissible evidence. Subject to and without waiving the foregoing general and
specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore
Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date
agreeable by the attorneys for the parties, documents sufficient to show that Plaintiff
mutually
was the holder and owner of the Consolidated Note at the time this action was commenced.
With respect to the written assignments of the mortgages being foreclosed in this action, Plaintiff
refers Defendant to the documents produced by Plaintiff as Bates No. 000001-000047 and
0000106-000132 in the Prior Production and further refers to the response to Request No. 12.
Request No. 14: Documents concerning any action, proceeding or investigation against
plaintiff any state, local or federal officer, agency or authority and/or any trustee or
by
administrator appointed by any court or governmental authority that involved claims that
plaintiff and/or its agents or representatives committed fraud or made misrepresentations with
respect to (i)the offering or sale of securities, or (ii) the making, servicing, foreclosure and/or
enforcement of any promissory note, mortgage and/or loans.
Response to Request No. 14: Plaintiff objects to this request on the ground that itis
and seeks the production of documents protected the attorney-
overbroad, vague, ambiguous, by
client privilege, the attorney work product doctrine, and/or the privilege for material prepared in
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anticipation of litigation, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Request No. 15: All consent orders, judgments or decrees entered into between plaintiff
and/or any of its agents or representatives and (i)the government of the United States or any of
its agencies or authorities, or (ii)any state of the United States, or (iii) any other governmental
agency or authority, or (iv) any trustee or administrator appointed by any court.
Response to Reauest No. 15: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Request No. 16: Documents concerning any action, proceeding or investigation against
any Servicer that involve claims that such Servicer or its agents or representatives committed
fraud or made misrepresentations with respect to (i)the offering or sale of securities, or (ii) the
making, servicing, foreclosure or enforcement of any note or mortgage.
Response to Request No. 16: Plaintiff objects to this request on the ground that itis
and seeks the production of documents protected the attorney-
overbroad, vague, ambiguous, by
client privilege, the attorney work product doctrine, and/or the privilege for material prepared in
anticipation of litigation, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
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Request No. 17: All consent orders, judgments or decrees entered into between any
Servicer or any of its agents or representatives and (i) the government of the United States or any
of itsagencies or authorities, or (ii) any state of the United States, or (iii)any other governmental
agency or authority, or (iv) any trustee or administrator appointed by any court.
Response to Request No. 17: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence.
Request No. 18: All documents concerning or relating to the bankruptcy of any Servicer
or plaintiff's predecessor in title or interest to the Loans that (i)authorized the transfer of the
Loans to plaintiff; (ii)authorized and/or evidenced the assignment of the Loans to plaintiff
("Assignments") or (iii) empowered any individuals or entities to execute assignments and/or
transfers of the Loan Documents to plaintiff.
Resnonse to Request No. 18: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially
sensitive, confidential and/or proprietary systems or information, seeks information that is not
material and/or necessary to the prosecution or defense of this action, seeks information neither
relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure
of admissible evidence, and seeks the production of publically available documents that are
readily available to Defendant. Subject to and without waiving the foregoing general and specific
objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds &
Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually
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agreeable by the attorneys for the parties, documents, ifany, concerning or relating to the
bankruptcy of any servicer for the Loan or Plaintiff's predecessor in title or interest to the Loan
which are sufficient to show the impact of such bankruptcy, if any, on Plaintiff's claim of
ownership of the Loan, including the authorization of the transfer of the Loan to Plaintiff or
evidencing the assignment of the Loan to Plaintiff. Plaintiff further refers Defendant to the
documents produced by Plaintiff as Bates No. 000302-001016 as part of the Prior Production.
Request No. 19: All documents concerning or relating to the bankruptcy of any Servicer
or plaintiff's predecessor in title or interest to the Loans that (i)authorized the transfer of the
Notes to plaintiff; (ii)authorized and/or evidenced the allonges of the Notes to plaintiff
("Allonges") or (iii)empowered any individuals or entities to execute the Allonges for the Notes;
or (iv) authorized and/or evidenced the delivery of originals of the Notes and Allonges to
plaintiff.
Response to Request No. 19: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially
sensitive, confidential and/or proprietary systems or information, seeks information that is not
material and/or necessary to the prosecution or defense of this action, seeks information neither
relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure
of admissible evidence, and seeks the production of publically available documents that are
readily available to Defendant. Subject to and without waiving the foregoing general and specific
objections, Plaintiff refers Defendant to Plaintiff's response to request No. 18.
Request No. 20: All correspondence and communications between plaintiff and any
Servicer with respect to consent orders issued by any state, local or federal officer, agency or
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authority and/or any trustee or administrator appointed by any court or goverñmental authority or
any orders or judgments issued by an [sic] Court regarding any act or omission of plaintiff and/or
any Servicer related to the Loans.
Response to Request No. 20: Plaintiff objects to this request on the ground that itis
overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the
prosecution or defense of this action, and seeks information neither relevant to the issues in
dispute in this action nor reasonably calculated to lead to the disclosure of
Preview
FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________---______------------------ -X DEUTSCHE BANK NATIONAL TRUST Index No.: 107030/2009 COMPANY AS TRUSTEE FOR AMERICAN HOME MORTGAGE ASSETS TRUST 2007-1 PLAINTIFF'S RESPONSE MORTGAGE-BACKED PASS-THROUGH AND OBJECTIONS TO CERTIFICATES, SERIES 2007-1 ROYAL BLUE REALTY HOLDINGS, INC.'S Plaintiff, FIRST NOTICE OF -against- DISCOVERY AND INSPECTION TO PLAINTIFF. ROYAL BLUE REALTY HOLDINGS, INC., ET AL. Defendants. _________--- ¬__ __.·-- ----X Plaintiff, Deutsche Bank National Trustee Company as Trustee for American Home Mortgage Assets Trust 2007-1 Mortgage-Backed Pass-Through Certificates, Series 2007-1 ("Plaintiff"), by its attorneys, McCabe Weisberg & Conway, LLC and Ganfer Shore Leeds & Zauderer LLP responds as follows to defendant Royal Blue Realty Holdings, Inc.'s ("Defendant" or "Royal Blue") First Notice of Discovery and Inspection to Plaintiff dated April 26, 2019 (the "Demand"): GENERAL OBJECTIONS The General Objections are intended to apply to, and be a part of, Plaintiff's response to each and every request contained in the Demand and any answer or objection made to any specific request is made subject to and without waiving these Gcñcral Objections. 1. Plaintiff objects to the Demand to the extent it seeks information 1 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 and/or documents protected by the attorney-client privilege, the attorney work product doctrine, the privilege for material prepared in anticipation of litigation or any other applicable privilege or substantive right, such as the right of privacy. Plaintiff reserves the right to withhold such documents from production. The inadvertent production of documents protected by any privilege or substantive right shall not be construed as a waiver of such privilege or right and, upon discovery of such document by Defendant or request by Plaintiff, such document (and all copies thereof) shall be immediately returned to Plaintiff. 2. Plaintiff objects to the Demand to the extent itpurports to impose any obligation to: (a) generate documents not currently existing; (b) locate any document or tangible thing not in its possession, custody or control; (c) add and/or change the meaning of any request in the conjunctive or disjunctive; and/or (d) respond to any portion or aspect of a request not described with reasonable particularity by the express language of the request. 3. Plaintiff objects to the Demand to the extent itpurports to impose obligations upon Plaintiff beyond those required or permitted by the CPLR or the rules of this Court. 4. Plaintiff objects to the Demand to the extent that the requests contained therein are poorly worded, or capable of multiple interpretations; that they do not identify with particularity the information sought; and that they lack sufficient precision to allow Plaintiff to formulate an appropriate response. To the extent that any individual request is vague or ambiguous, Plaintiff has responded to the best of its ability, but has not attempted to speculate as to the meaning of any specific request. 5. Plaintiff objects to the Demand to the extent that it seeks documents containing or 2 2 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 reflecting commercially sensitive, confidential and/or proprietary systems or information. 6. Plaintiff objects to the Demand as vague, ambiguous, overly broad, unduly burdensome, and intended solely to harass Plaintiff and/or its counsel. 7. Plaintiff objects to the Demand to the extent it seeks: (a) information already in Defendant's possession or available in the public domain; (b) responses which provide identical or cumulative information; or (c) documents that exceed or are otherwise unrelated to the matters in controversy and/or do not relate to the claims or affirmative defenses asserted in this litigation. Providing such information would be duplicative and unduly burdensome, and the responsive information is more easily obtained through other means. 8. Plaintiff objects to the Demand to the extent it seeks the production of documents and/or information that are not material and/or necessary to the prosecution or defense of this action. 9. Plaintiff objects to the Demand to the extent it seeks production of documents that are not within the possession, custody and/or control of Plaintiff. 10. Plaintiff objects to the Demand to the extent itseeks production of documents relating to entities or individuals other than the parties to this action. 11. Plaintiff does not concede that any of the documents produced in response to the Demand are admissible at a trial in this action and all objections as to relevance, competence, materiality, privilege, authenticity and admissibility of any documents produced by Plaintiff are expressly reserved. 12. Plaintiff reserves the right to make additional objections to the Demand at any 3 3 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 time, including but not limited to objections as to the relevance, competence, materiality, privilege, authenticity and admissibility of the Demand and Plaintiff's responses, and to move for an appropriate protective order. 13. Plaintiff reserves the right to conform these responses to the proof adduced up to and at the trialof this action and to conform itspleadings to the proof. 14. Plaintiff does not necessarily adopt Defendant's definitions and instructions in those cases where specific objections have not been made. Plaintiff's responses do not constitute admissions or acceptances of the terms and conditions used therein. Throughout these responses, Plaintiff has endeavored to give each term its plain and ordinary meaning and interpretation. 15. Plaintiff reserves the right to amend and/or supplement its responses to Defendant's Demand up to and including the time of trial of this matter. SPECIFIC OBJECTIONS AND RESPONSES Subject to, and without waiver of the foregoing general objections, Plaintiff hereby responds to the Demand as follows: Request No. 1: All documents and correspondence prepared, created, received or relied upon in connection with the making and closing of the loans referenced by plaintiff in the CEMA, as defined in plaintiff's Amended Mortgage Foreclosure Complaint (the "Complaint"), including all applications, credit reports, appraisals, title reports, underwriting reviews and analyses, property inspections, environmental reports, brokers opinions of value, engineering reports, and market studies and valuations. Response to Request No. 1: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially 4 4 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, and neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Subject to and without waiving the foregoing general and specific objections, Plaintiff responds that to the extent this request seeks documents and correspondence related to the making and closing of the loan evidenced by the Consolidated Note dated September 21, 2006 which is the subject of this litigation (the "Consolidated Note") and the CEMA of the same date (the "Loan"), Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually agreeable by the attorneys for the parties, non-privileged documents and correspondence prepared, created, received or relied upon in connection with the making and closing of the Loan contained in the Loan File for the Loan. Reauest No. 2: All correspondence and communications with the obligors or borrowers referenced in plaintiff's Complaint ("Borrower") for the any [sic] loans referenced by plaintiff in the Complaint (the "Loans") or in any manner related to any such loans to any Borrower and/or their agents and representatives. Response to Request No. 2: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Subject to and without waiving the foregoing general and specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New 5 5 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 York, New York 10017, on a date mutually agreeable by the attorneys for the parties, correspondence and communications with the obligors or borrowers for the Consolidated Note contained in the Loan File for the Loan. Request No. 3: All documents and correspondence prepared, created, received or relied upon in connection with the preparation for an prosecution of the foreclosure of the Loans, other than the loan documents referenced by Plaintiff in the Complaint ("Loan Documents"), including, but not limited to,the allonges and/or assignments of the Loans, all title reports, appraisals, market studies and valuations, brokers opinions of value, calculations of payment arrears with respect to the Loans and any default notices, settlement proposals and discussions. Response to Reauest No. 3: Plaintiff objects to this request on the ground that itseeks the production of documents protected by the attorney-client privilege, the attorney work product doctrine, and/or the privilege for material prepared in anticipation of litigation, is overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, and neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Subject to and without waiving the foregoing general and specific objections, Plaintiff refers Defendant to Plaintiff's response to request No. 1 above and to the documents produced by Plaintiff as Bates No. 000001-000047; 000106-132; and 000302-1016 (the "Prior Production") in response to the discovery demand established by the Order of the Honorable Judith N. McMahon, J.S.C. dated December 11, 2018 for the allonges and recorded written assignments of mortgage for the mortgages securing the subject Loan. 6 6 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 Request No. 4: All correspondence and communications between plaintiff and/or any of its agents or representatives and any state, local or federal officer, agency or authority and/or any trustee or administrator appointed by any court or governmental authority with respect to the servicing of the Loans and/or any parties servicing the Loans. Response to Request No..4: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information that is neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 5: All correspondence and communications between plaintiff and/or any of its agents or representatives and any of American Home Mortgage Corporation and/or its subsidiaries, affiliates, successors or assigns (collectively "AHM") and itsor their agents or representatives with respect to the Loans and any default notices, settlement proposals, and discussions. Response to Request No. 5: Plaintiff objects to this request on the ground that itseeks the production of documents protected by the attorney-client privilege, the attorney work product doctrine, and/or the privilege for material prepared in anticipation of litigation, is overbroad, vague, ambiguous, overly burdensome, seeks information in Royal Blue's possession, custody and control (including communications between the parties and/or counsel for the Parties), seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence (including settlement related documents). 7 7 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 Subject to and without waiving the foregoing general and specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually agreeable by the attorneys for the parties, non-privileged correspondence between Plaintiff and itsagents or representative, on the one hand, and AHM and itsagents and representatives, on the other, related to the Loan and default notices sent to Defendants contained in the Loan File for the Loan. Request No. 6: All correspondence and communications between plaintiff or any of its agents or representatives and any assignors of the Loans, including, but not limited to, Homeward Residential, American Home Services, Inc. and Ocwen Financial Services and any other party that is acting or has acted as a servicer of the Loans (collectively, the "Servicer"). Response to Request No. 6: Plaintiff objects to this request on the ground that itseeks the production of documents protected by the attorney-client privilege, the attorney work product doctrine, and/or the privilege for material prepared in anticipation of litigation, that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Subject to and without waiving the foregoing general and specific objections, Plaintiff states that ithas been the owner of the Loan since commencement of this action, the Loan has not been subsequently assigned, and refers Defendant to Plaintiff's response to request No. 5 to the extent that this request seeks information from the servicer. Request No. 7: All documentation confirming the authority of every individual who executed documents on behalf of plaintiff, AHM, or any Servicer with respect to the Loans or the 8 8 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 assignment or endorsement of any promissory notes (the "Notes") as defined in the Complaint and/or the mortgage or mortgages, as defined in the Complaint ("Mortgages"). Resnonse to Reauest No. 7: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 8: With respect to any party identified in response to the preceding document request, any documents that indicate the title of such party or office held in the entity that executed the relevant document, the dates of such party's employment by or appointment to the entity executing the relevant document, and the scope of such party's authority to act for an/or bind such entity. Response to Request No. 8: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 9: All correspondence and communications between plaintiff or any of its agents or representatives and any court, judge, magistrate, trustee or other of [sic] individuals with respect to the bankruptcy of AHM. 9 9 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 Response to Request No. 9: Plaintiff objects to this request on the ground that itseeks the production of documents protected by the attorney-client privilege, the attorney work product doctrine, and/or the privilege for material prepared in anticipation of litigation, that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 10: All public filings and reports, including prospectuses and other offering materials, with respect to sale of interests of and ownership of interests in American Home Mortgage Assets Trust (the "Plaintiff's Trust"). Response to Request No. 10: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence, and seeks publically available documents that are readily available to Defendant and which would be duplicative and unduly burdensome for Plaintiff to produce since they are more easily obtained by Defendant through other means. Subject to and without waiving the foregoing general and specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually agreeable by the attorneys for the parties, public documents, if any, sufficient to show the sale or disposition, if any, of the named Plaintiff trust which would effect the Loan and refers Defendant to Plaintiff's response to request No. 9 and to the documents produced as Bates No. 000302-001016 as part of the Prior Production. 10 10 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 Request No. 11: All correspondence with investors and holders of interests in the plaintiff in connection or related to the instant litigation. Response to Request No. 11: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 12: All pooling and servicing and related agreements, and amendments thereto with respect to the management, operation and ownership of the plaintiff Trust. Response to Reauest No. 12: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence, and seeks the production of publically available documents that are readily available to Defendant. Subject to and without waiving the foregoing general and specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually agreeable by the attorneys for the parties, the Pooling and Servicing Agreement (the "PSA") for the named Plaintiff trust as available on the SEC's website and a redacted copy of the schedule(s) to the PSA sufficient to show that the Loan was part of the subject Trust. Request No. 13: All assignmeñts of interests to the plaintiff by the party or parties who sold, conveyed or transferred any assets, including, but not limited to, mortgages and/or promissory notes to plaintiff. 11 11 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 Response to Request No. 13: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Subject to and without waiving the foregoing general and specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date agreeable by the attorneys for the parties, documents sufficient to show that Plaintiff mutually was the holder and owner of the Consolidated Note at the time this action was commenced. With respect to the written assignments of the mortgages being foreclosed in this action, Plaintiff refers Defendant to the documents produced by Plaintiff as Bates No. 000001-000047 and 0000106-000132 in the Prior Production and further refers to the response to Request No. 12. Request No. 14: Documents concerning any action, proceeding or investigation against plaintiff any state, local or federal officer, agency or authority and/or any trustee or by administrator appointed by any court or governmental authority that involved claims that plaintiff and/or its agents or representatives committed fraud or made misrepresentations with respect to (i)the offering or sale of securities, or (ii) the making, servicing, foreclosure and/or enforcement of any promissory note, mortgage and/or loans. Response to Request No. 14: Plaintiff objects to this request on the ground that itis and seeks the production of documents protected the attorney- overbroad, vague, ambiguous, by client privilege, the attorney work product doctrine, and/or the privilege for material prepared in 12 12 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 anticipation of litigation, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 15: All consent orders, judgments or decrees entered into between plaintiff and/or any of its agents or representatives and (i)the government of the United States or any of its agencies or authorities, or (ii)any state of the United States, or (iii) any other governmental agency or authority, or (iv) any trustee or administrator appointed by any court. Response to Reauest No. 15: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 16: Documents concerning any action, proceeding or investigation against any Servicer that involve claims that such Servicer or its agents or representatives committed fraud or made misrepresentations with respect to (i)the offering or sale of securities, or (ii) the making, servicing, foreclosure or enforcement of any note or mortgage. Response to Request No. 16: Plaintiff objects to this request on the ground that itis and seeks the production of documents protected the attorney- overbroad, vague, ambiguous, by client privilege, the attorney work product doctrine, and/or the privilege for material prepared in anticipation of litigation, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. 13 13 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 Request No. 17: All consent orders, judgments or decrees entered into between any Servicer or any of its agents or representatives and (i) the government of the United States or any of itsagencies or authorities, or (ii) any state of the United States, or (iii)any other governmental agency or authority, or (iv) any trustee or administrator appointed by any court. Response to Request No. 17: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence. Request No. 18: All documents concerning or relating to the bankruptcy of any Servicer or plaintiff's predecessor in title or interest to the Loans that (i)authorized the transfer of the Loans to plaintiff; (ii)authorized and/or evidenced the assignment of the Loans to plaintiff ("Assignments") or (iii) empowered any individuals or entities to execute assignments and/or transfers of the Loan Documents to plaintiff. Resnonse to Request No. 18: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence, and seeks the production of publically available documents that are readily available to Defendant. Subject to and without waiving the foregoing general and specific objections, Plaintiff will make available for inspection at the office of Ganfer Shore Leeds & Zauderer LLP, 360 Lexington Avenue, New York, New York 10017, on a date mutually 14 14 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 agreeable by the attorneys for the parties, documents, ifany, concerning or relating to the bankruptcy of any servicer for the Loan or Plaintiff's predecessor in title or interest to the Loan which are sufficient to show the impact of such bankruptcy, if any, on Plaintiff's claim of ownership of the Loan, including the authorization of the transfer of the Loan to Plaintiff or evidencing the assignment of the Loan to Plaintiff. Plaintiff further refers Defendant to the documents produced by Plaintiff as Bates No. 000302-001016 as part of the Prior Production. Request No. 19: All documents concerning or relating to the bankruptcy of any Servicer or plaintiff's predecessor in title or interest to the Loans that (i)authorized the transfer of the Notes to plaintiff; (ii)authorized and/or evidenced the allonges of the Notes to plaintiff ("Allonges") or (iii)empowered any individuals or entities to execute the Allonges for the Notes; or (iv) authorized and/or evidenced the delivery of originals of the Notes and Allonges to plaintiff. Response to Request No. 19: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks documents containing or reflecting commercially sensitive, confidential and/or proprietary systems or information, seeks information that is not material and/or necessary to the prosecution or defense of this action, seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of admissible evidence, and seeks the production of publically available documents that are readily available to Defendant. Subject to and without waiving the foregoing general and specific objections, Plaintiff refers Defendant to Plaintiff's response to request No. 18. Request No. 20: All correspondence and communications between plaintiff and any Servicer with respect to consent orders issued by any state, local or federal officer, agency or 15 15 of 22 FILED: NEW YORK COUNTY CLERK 05/31/2019 07:37 PM INDEX NO. 107030/2009 NYSCEF DOC. NO. 122 RECEIVED NYSCEF: 05/31/2019 authority and/or any trustee or administrator appointed by any court or goverñmental authority or any orders or judgments issued by an [sic] Court regarding any act or omission of plaintiff and/or any Servicer related to the Loans. Response to Request No. 20: Plaintiff objects to this request on the ground that itis overbroad, vague, and ambiguous, seeks information that is not material and/or necessary to the prosecution or defense of this action, and seeks information neither relevant to the issues in dispute in this action nor reasonably calculated to lead to the disclosure of