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FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019
EXHIBIT S
FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018
NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
--------------------------------------x
. U.S. BANK NATIONAL ASSOCIATION AS INDEX NO. 703763 /2018
TRUSTEE FOR MASTER ASSET BACKED
SECORITIES TRUST 2006-WMC3 MORTGAGE
PASS-THROUGH CERTIFICATES SERIES
. 2006-WMC3,
Plaintiff, NOTICE OF APPEARANCE,
ANSWER AND DEMAND FOR
-against- INTERROGATORIES ,
(FIRST SET)
MOHAMMED S. ISLAM A/K/A MOHAMMED
ISLAM; NEW YORK STATE DEPARTMENT OF
TAXATION AND FINANCE; NEW YORK CITY
PARKING VIOLATIONS BUREAU,
Defendant.
______________--_______________-------x
PLEASE TAKE NOTICE that Defendant Mohammed S. Islam a/k/a
Mohammed Islam ("Islam") appears in this action pro se and
demands that all papers and proceedings be served upon him at the
address below.
Defendant Islam as his Answer to Plaintiff's Complaint,
respectfully alleges:
1. Denies allegations in paragraph O of Plaintiff's Complaint.
2. Denies knowledge or information sufficient to form a belief as
to allegations in paragraphs 1 - 20 of Plaintiff's Complaint.
3. FIRST AFFIRMATIVE DEFENSE: on information and belief,
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Plaintiff wholly failed and neglected to mitigate the damages
alleged in the Complaint, although it had opportunity to do so.
4. SECOND AFFIRMATIVE DEFENSE: on information and belief, this
Court lacks jurisdiction over the Defendant in that service of
process was not properly made pursuant to the CPLR.
S. THIRD AFFIRMATIVE DEFENSE: on information and belief, the
foreclosure Complaint does not include an accompanied LENDER
CERTIFICATION of compliance with the underwriter requirements
contained in Sect. 6-m of the N.Y. Banking Law {See 2008 Sess.
Law News of N.Y. Ch. 472 (S.8143-A) and Sect. 6-
(McKINNEY'S)
m(13).)
6. FOURTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff has not complied with the 90 day written notice
requirement, as a condition precedent to foreclosing; and the
Superintendent of New York State's Department of Financial
Services was not notified of Plaintiff's intention to foreclose
within the time requirements and a specific date for the 90 day
mandatory settlement conference has not been established (RPAPL
Sect. 1304 and CPLR Sect. 3408).
7. FIFTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff has unclean hands since it allegedly arranged for an
improper appraisal which was inconsistent with the true value of
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premises and subsequently caused Defendant to borrow money in the
inflated amount and placed a mortgage on the premises to secure
that loan.
8. SIXTH AFFIRMATIVE DEFENSE: on information and belief,
Defendant never received notice of Plaintiff's merger - service
agreement; no assignment of mortgage was filed and recorded as
required by law; no consideration was paid for said
assignment/transfer of the mortgage and note/bond.
9. SEVENTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff is a predatory lender. RPAPL sect. 1302 has not been
complied with. Plaintiff has failed or refused to act with due
diligence and did not prepare a true and complete analysis
regarding the Defendant's assets, income and credit. Defendant
was forced into such a loan without the ability to repay it.
Banking Law sect. 6-1(2) (k). Accordingly, the loan should be
considered void.
10. EIGHTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff has not complied with RPAPL sect. 1303 providing for
the notice to be sent to the homeowner and tenants on colored
paper with bold print and the affidavit of service does not state
such compliance.
11. NINTH AFFIRMATIVE DEFENSE: on information and belief, after
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Defendant's default, Plaintiff failed or refused to modify the
loan terms and conditions in good faith.
12. TENTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff failed or refused to comply with.RPAPL 1320 because the
language required was not made part of the summons- Consequently,
this defect is jurisdictional and the complaint must be
dismissed.
13. ELEVENTH AFFIRMATIVE DEFENSE: on information and belief, the
condition precedent of providing the 30 day default/acceleration
notice required by the mortgage and note was not complied with; a
copy of same was not attached to Plaintiff's Complaint.
14. TWELFTH AFFIRMATIVE DEFENSE: on information and belief, the
Summons and Complaint were not timely served within the time
permitted after filing the Lis Pendens.
15. THIRTEENTH AFFIRMATIVE DEFENSE: on information and belief,
the Plaintiff failed to allege in the Complaint that it complied
with the 90 day notice requirement.
16. FOURTEENTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff lacked standing. At commencement of the lawsuit,
Plaintiff was not the true owner and holder and did not have
possession of the mortgage and note. Law Sect. 595 -
(Banking a)
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17. FIFTEENTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff failed and or refused to negotiate in good faith to
resolve the mortgage balance. (See Rule 3408(ff.)
18. SIXTEENTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff has failed or refused to comply with the rules and
procedures as outlined in the HAMP Program. Plaintiff has
systematically mislead and deceived homeowners into making
monthly trial payments, while knowing full well that it would not
accept permanent loan modifications.
19. SEVENTEENTH AFFIRMATIVE DEFENSE: on information and belief,
Plaintiff failed to provide Defendant with a certificate of merit
signed by Plaintiff's Counsel as required by Sect. 1304.
WHEREFORE, Defendant demands judgment dismissing the
action.
a. Costs, interest and disbursements of this action;
b. Reasonable attorney's fees; and
C, Such other and further relief as is just.
!
PLEASE TAKE FURTHER NOTICE that Defendant demands that
Plaintiff answer under oath and in writing, pursuant to the
provisions of CPLR 3130 et seq. the following interrogatories,
within the time and in the manner provided for by statute:
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DEFINITIONS
1. "You" "your"
and means the answering Plaintiff and all other
persons acting or purporting to act on your behalf, exercising
discretion and making policy or decisions, or participating in
the foregoing functions with respect to the facts or allegations
set forth in the complaint or the answer to the Complaint.
2. "Communication[s]"
means and refers to any meeting,
conversation, telephone conversation, discussion, correspondence,
message or other occurrence whereby thoughts, opinions or data
are transmitted between two or more persons or entities.
3. "Document"
as used herein includes, but is not limited to,
originals and non-identical copies of all writings, papers,
recordings, graphics or other matter, whether handwritten, typed,
printed, photostated or otherwise created, stored or reproduced
in any manner, in your possession, custody or control or of a
person under your control including, but not limited to, all
letters, contracts, riders, agreements, correspondence,
telegrams, memoranda, notes, computer printouts, data created,
copied or maintained in any magnetic or digital form, databases,
server logs, contents of computer files, transcripts, minutes of
meetings, applications, reports, statements or para-phrases of
statements, books, agreements, appointment calendars, leases,
publications, drawings, photographs, contracts, agreements,
records of telephone conversations or face-to-face conversations,
. 6
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notices, rules, regulations, directives, employee manuals,
instructions, time sheets, logs, journals, diaries, financial
statements, audio tapes, videotapes and other written, printed or
magnetically stored or created matter of any kind. A draft or
non-identical copy is a separate document within the meaning of
this term.
"Identify" "identity"
4. or when used in connection with
natural persons, means to state his or her full name and present
address (or, if the current address is not known, then the last
known address), his or her present or last known positions and
business affiliation at the time in question. When used in
connection with a corporate or business entity, state its full
name, jurisdiction of incorporation or o.rganization, each present
business address, and describe the nature of its business.
"Identify"
5. or "identity", when used in reference to a
document, means to state the date and author, type of document
(e.g., letter, memorandum, telegram, chart., computer tape or
etc.)., or some other means- of its
disc, identification, identify
present location and custodian, identify every author, whether
such person signed the document or not, and identify every person
to whom such document was addressed, as well as every other
person to whom such document or any copy thereof was given or
sent. If any such document was at one time, but is no longer in
your possession or subject to your control, state what
disposition was made of it. Documents prepared prior to the
period covered by these interrogatories and requests for
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documents, but which relate or refer thereto, are to be included.
6. "Identify"
or "identity", when used in connection with oral
. statements or communications, means to describe the statements
and communications by: (a) stating when and where they were made;
(b) identifying each of the makers and recipients of such oral
communications in addition to all other persons present;
(c) indicating the medium of the communication; and (d) setting
forth in detail the substance of the communications.
"State the basis allegation"
7, factual for the means to
(a) identify each act, omission or commission relating to such
. allegation or contention, (b) identify each document or oral
.
communication relating to such allegation or contention and (c)
identify each person or entity known to you or believed by you to
be in possession of evidence or other facts relating to such
allegation or contention.
"Liability" includes
8. actual, present, past, satisfied,
contingent and future liabilities, unless otherwise specified.
9. The singular includes the plural and vice versa; each of the
"and" "or"
words and shall be construed in both the conjunctive
and disjunctive.
"Person"
10. means any natural person, corporation, company.,
limited liability company, partnership, association or entity.
"Complaint" the
11. means complaint filed by the Plaintiff
herein.
"Answer" the answer served the
12. means or filed by Defendant
herein.
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13. "Plaintiff"
means the Plaintiff, U.S. Bank National
Association As Trustee for Mastr Asset Backed Securities Trust
2006-WMC3 Mortgage Pass-Through Certificates Series 2006-WMC3,
. herein.
"Defendant"
14. means Mohammed S. Islam a/k/a Mohammed Islam,
herein.
INSTRUCTIONS
1. These demands are continuing in nature and, in the event you
become aware of, or acquire additional information relating or
referring thereto, such additional information must be promptly
furnished.
2. Where a claim of privilege is asserted in objecting to any
interrogatory or document demand, or subpart thereof, and an
answer 1s not provided on the basis of such assertion, identify
the nature of the privilege (including a work product) which is
being claimed and if the privilege is being asserted in
connection with a claim or defense governed by state law,
indicate the state's privilege rule being invoked; and the
following information shall be provided in the objection.
(i) for documents: (1) the type of document; (2) general
subject matter of the document; (3) the date of the document; (4)
such other information as is sufficient to identify the document
including the author of the document, the addressee of the
document, and, where not apparent, the relationship of the author
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and addressee to each other and to each party herein;
(ii) for oral communications: (1) the name of the person
making the communication and †he names of persons present while
the communication was made anl, where not apparent, the
relationship of the persons present to the person making the
communication; (2) the date and place of communication; (3) the
subject matter of the communication.
3. When an interrogatory asks that a date, an amount or any
other specific information be provided, if the precise
information required is unknown to you, you are requested to set
forth your best approximation of the information requested and
the basis upon which such approximation is founded.
4. If any of these interrogatories cannot be answered in full,
answer to the extent possible, specifying the reasons for your
I inability to answer the remainder and stating whatever
information, knowledge or belief you have concerning the
unanswered portion.
5. The relevant time period for each interrogatory and each
document request is the time period beginning with the earliest
date discoverable information exists to the date of service of
your response(s) to these interrogatories.
6. Each interrogatory must be answered separately, fully, in
writing and under oath.
7. Each interrogatory requires that you provide all information
available to you, including information in your possession and
. the possession of agents, employees, attorneys, investigators, or
10.
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. anyone acting on your behalf. You are required, in responding to
these interrogatories, to obtain and furnish all information
available to you and any of your representatives, employees,
agents, servants or attorneys and to obtain and furnish all
information that is in your possession or under your control, or
in the possession or under the control of any of your
. representatives, employees, agents, servants or attorneys.
8. Each answer shall be deemed to have been made based on the.
personal knowledge of the answering person unless specifically
stated to the contrary. If the information furnished is not
within the personal knowledge of the ·answering person, then, so
state and identify each person from whom information was
obtained, and state whether each such person has personal
knowledge of the information supplied.
9. Reference to any entity refers to that entity, its
predecessors, successors, assigns, affiliates and subsidiaries
and includes officers, directors, employees, agents,
represen.tatives and any other person acting or purporting to act
on behalf of any or all of said entity, unless otherwise
specified.
10. used "state" forth
As herein, means to set fully and
unambiguously every fact, relevant to the answer called for by
the interrogatories, and:
a) tto set forth all facts of which the responding
party has knowledge which form the basis of the statements or
allegations; and
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b) where acts or activities are involved, to identify
all persons who performed or committed each act, the person on
whose behalf such acts were performed, and the date and nature of
each act; and
c) to identify all documents relating to the facts or
acts described in answer to the relevant interrogatory; and
d) to identify all communications relating to the
facts or acts described in answer to the relevant interrogatory;
and
e) to identify all persons having knowledge of the
facts or acts described in answer to the relevant interrogatory.
INTERROGATORIES
. .
1. Please identify yourself fully: state your name, name of your
employer, the length of time you have been so employed, your
business and residence addresses and telephone numbers (home,
work and cell), date of birth and social security number.
2. Identify each and every record or document to which you refer
for the purpose of answering the,se questions, and for the purpose
of discovery and inspection (CPLR 3120), state the location of
the originals and copies of each thereof.
3. Furnish true, legible and complete copies of all documents,
pooling/servicing agreements leases, options, correspondence,
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contracts, agreements, riders, demands, receipts, invoices,
bills, mortgage notes, HUD-1 Settlement ·
mortgages, Statement,
Truth in Lending Disclosure, original loan application, right to
rescind notice, bonds, affidavits, etc. between Plaintiff and
Defendant and Defendant and/or Plaintiff and third person or
entities, by which it shall be claimed that each is bound as it
relates to Plaintiff's claims herein and Defendant's defenses.
4. As provided in Paragraphs 4, 6, 7, 8, 9, 11 and 12 of
Plaintiff's Complaint, state when, and by whom a copy of each
document or notice was furnished, recorded, transferred and/or
sent by Plaintiff to Defendant or by Defendant to Plaintiff, or
through his counsel, servants and/or agents and provide recording
information for the mortgage and other security documents.
5., Please state the name, address and telephone number of the
law firm that represented the Plaintiff at the closing as it
relates to the note and mortgage that is allegedly in default.
6. If Plaintiff's counsel in this litigation is employed
pursuant to any written agreement, furnish a true and complete
copy thereof.
7. State how it shall be claimed that Defendant herein was
served with the summons and complaint and furnish a true,
complete and legible copy of any affidavit(s) of alleged service
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and the index number assigned to this case.
8. If Plaintiff's claims are based on one or more writings or
written agreements, furnish a true, legible and complete copy of
each such writing as part of your answer hereto.
9. At the time of Defendant's application to Plaintiff for a
mortgage commitment, please provide for each application:
(i) date, time and place of each application;
(ii) who was present during the submission of each
application (individual's name, home address and telephone
number);
(iii) please provide a copy of each application;
(iv) provide copies of any correspondence received by you or
your attorney from each lender, banker or broker; and
(v) please provide copies of any and all correspondence you
or your attorney sent to each lender, banker or broker.
10. Please provide a copy of Defendant's mortgage commitment in
connection with the purchase of 106-38 1563 New
Street, Jamaica,
York.
11. Please advise how you notified Defendant or his attorney
that he was .allegedly in default or breach of the Mortgage/Note
dated April 28, 2006.
(i) how many notices, were made and to/by whom made;
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(ii) the date, time and place that each notice was made;
(iii) who was present during the notice;
(iv) was each notice for same in writing or verbal;
(v) if notice was verbal, any witnesses present;
(vi) if writing, provide copies for each notice;
Defendant'
(vii) did you telephone Defendant or s attorney.
if so,
(viii) date, time, place and what was his reply.
12. Please state how you accelerated the Mortgage/Note:
(i) how many notices, were made and to/by whom made;
(ii) the date, time and place that each notice was made;
(iii) who was present during the notice;
(iv) was each notice for same in writing or verbal;
(v) if notice was verbal, any witnesses present;
(vi) if writing, provide copies for each notice;
(vii) did you telephone Defendant or Defendant's attorney.
if so,
(viii) date, time, place and what was her reply.
Please of Plaintiff' s Alecia C,
13. provide a copy attorney,
Daniel, Esq. and RAS Boriskin, LLC certification of the
Complaint. Please annex and/or provide the locat.ion and
specifically identify document.s, letters and records with t.heir
appropriate dates that were read and reviewed by Plaintiff's
attorney to support his certification of the Complaint.
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14. Identify each person or witness who possesses personal
knowledge of the facts relevant to the subject matter of this
litigation and describe the substance and extent of their
knowledge and the anticipated substance of their testimony.
15. State the name and address of each per
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FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 EXHIBIT S FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS --------------------------------------x . U.S. BANK NATIONAL ASSOCIATION AS INDEX NO. 703763 /2018 TRUSTEE FOR MASTER ASSET BACKED SECORITIES TRUST 2006-WMC3 MORTGAGE PASS-THROUGH CERTIFICATES SERIES . 2006-WMC3, Plaintiff, NOTICE OF APPEARANCE, ANSWER AND DEMAND FOR -against- INTERROGATORIES , (FIRST SET) MOHAMMED S. ISLAM A/K/A MOHAMMED ISLAM; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK CITY PARKING VIOLATIONS BUREAU, Defendant. ______________--_______________-------x PLEASE TAKE NOTICE that Defendant Mohammed S. Islam a/k/a Mohammed Islam ("Islam") appears in this action pro se and demands that all papers and proceedings be served upon him at the address below. Defendant Islam as his Answer to Plaintiff's Complaint, respectfully alleges: 1. Denies allegations in paragraph O of Plaintiff's Complaint. 2. Denies knowledge or information sufficient to form a belief as to allegations in paragraphs 1 - 20 of Plaintiff's Complaint. 3. FIRST AFFIRMATIVE DEFENSE: on information and belief, FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 Plaintiff wholly failed and neglected to mitigate the damages alleged in the Complaint, although it had opportunity to do so. 4. SECOND AFFIRMATIVE DEFENSE: on information and belief, this Court lacks jurisdiction over the Defendant in that service of process was not properly made pursuant to the CPLR. S. THIRD AFFIRMATIVE DEFENSE: on information and belief, the foreclosure Complaint does not include an accompanied LENDER CERTIFICATION of compliance with the underwriter requirements contained in Sect. 6-m of the N.Y. Banking Law {See 2008 Sess. Law News of N.Y. Ch. 472 (S.8143-A) and Sect. 6- (McKINNEY'S) m(13).) 6. FOURTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff has not complied with the 90 day written notice requirement, as a condition precedent to foreclosing; and the Superintendent of New York State's Department of Financial Services was not notified of Plaintiff's intention to foreclose within the time requirements and a specific date for the 90 day mandatory settlement conference has not been established (RPAPL Sect. 1304 and CPLR Sect. 3408). 7. FIFTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff has unclean hands since it allegedly arranged for an improper appraisal which was inconsistent with the true value of 2 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 premises and subsequently caused Defendant to borrow money in the inflated amount and placed a mortgage on the premises to secure that loan. 8. SIXTH AFFIRMATIVE DEFENSE: on information and belief, Defendant never received notice of Plaintiff's merger - service agreement; no assignment of mortgage was filed and recorded as required by law; no consideration was paid for said assignment/transfer of the mortgage and note/bond. 9. SEVENTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff is a predatory lender. RPAPL sect. 1302 has not been complied with. Plaintiff has failed or refused to act with due diligence and did not prepare a true and complete analysis regarding the Defendant's assets, income and credit. Defendant was forced into such a loan without the ability to repay it. Banking Law sect. 6-1(2) (k). Accordingly, the loan should be considered void. 10. EIGHTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff has not complied with RPAPL sect. 1303 providing for the notice to be sent to the homeowner and tenants on colored paper with bold print and the affidavit of service does not state such compliance. 11. NINTH AFFIRMATIVE DEFENSE: on information and belief, after 3 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 Defendant's default, Plaintiff failed or refused to modify the loan terms and conditions in good faith. 12. TENTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff failed or refused to comply with.RPAPL 1320 because the language required was not made part of the summons- Consequently, this defect is jurisdictional and the complaint must be dismissed. 13. ELEVENTH AFFIRMATIVE DEFENSE: on information and belief, the condition precedent of providing the 30 day default/acceleration notice required by the mortgage and note was not complied with; a copy of same was not attached to Plaintiff's Complaint. 14. TWELFTH AFFIRMATIVE DEFENSE: on information and belief, the Summons and Complaint were not timely served within the time permitted after filing the Lis Pendens. 15. THIRTEENTH AFFIRMATIVE DEFENSE: on information and belief, the Plaintiff failed to allege in the Complaint that it complied with the 90 day notice requirement. 16. FOURTEENTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff lacked standing. At commencement of the lawsuit, Plaintiff was not the true owner and holder and did not have possession of the mortgage and note. Law Sect. 595 - (Banking a) 4 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 17. FIFTEENTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff failed and or refused to negotiate in good faith to resolve the mortgage balance. (See Rule 3408(ff.) 18. SIXTEENTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff has failed or refused to comply with the rules and procedures as outlined in the HAMP Program. Plaintiff has systematically mislead and deceived homeowners into making monthly trial payments, while knowing full well that it would not accept permanent loan modifications. 19. SEVENTEENTH AFFIRMATIVE DEFENSE: on information and belief, Plaintiff failed to provide Defendant with a certificate of merit signed by Plaintiff's Counsel as required by Sect. 1304. WHEREFORE, Defendant demands judgment dismissing the action. a. Costs, interest and disbursements of this action; b. Reasonable attorney's fees; and C, Such other and further relief as is just. ! PLEASE TAKE FURTHER NOTICE that Defendant demands that Plaintiff answer under oath and in writing, pursuant to the provisions of CPLR 3130 et seq. the following interrogatories, within the time and in the manner provided for by statute: 5 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 DEFINITIONS 1. "You" "your" and means the answering Plaintiff and all other persons acting or purporting to act on your behalf, exercising discretion and making policy or decisions, or participating in the foregoing functions with respect to the facts or allegations set forth in the complaint or the answer to the Complaint. 2. "Communication[s]" means and refers to any meeting, conversation, telephone conversation, discussion, correspondence, message or other occurrence whereby thoughts, opinions or data are transmitted between two or more persons or entities. 3. "Document" as used herein includes, but is not limited to, originals and non-identical copies of all writings, papers, recordings, graphics or other matter, whether handwritten, typed, printed, photostated or otherwise created, stored or reproduced in any manner, in your possession, custody or control or of a person under your control including, but not limited to, all letters, contracts, riders, agreements, correspondence, telegrams, memoranda, notes, computer printouts, data created, copied or maintained in any magnetic or digital form, databases, server logs, contents of computer files, transcripts, minutes of meetings, applications, reports, statements or para-phrases of statements, books, agreements, appointment calendars, leases, publications, drawings, photographs, contracts, agreements, records of telephone conversations or face-to-face conversations, . 6 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 notices, rules, regulations, directives, employee manuals, instructions, time sheets, logs, journals, diaries, financial statements, audio tapes, videotapes and other written, printed or magnetically stored or created matter of any kind. A draft or non-identical copy is a separate document within the meaning of this term. "Identify" "identity" 4. or when used in connection with natural persons, means to state his or her full name and present address (or, if the current address is not known, then the last known address), his or her present or last known positions and business affiliation at the time in question. When used in connection with a corporate or business entity, state its full name, jurisdiction of incorporation or o.rganization, each present business address, and describe the nature of its business. "Identify" 5. or "identity", when used in reference to a document, means to state the date and author, type of document (e.g., letter, memorandum, telegram, chart., computer tape or etc.)., or some other means- of its disc, identification, identify present location and custodian, identify every author, whether such person signed the document or not, and identify every person to whom such document was addressed, as well as every other person to whom such document or any copy thereof was given or sent. If any such document was at one time, but is no longer in your possession or subject to your control, state what disposition was made of it. Documents prepared prior to the period covered by these interrogatories and requests for 7 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 documents, but which relate or refer thereto, are to be included. 6. "Identify" or "identity", when used in connection with oral . statements or communications, means to describe the statements and communications by: (a) stating when and where they were made; (b) identifying each of the makers and recipients of such oral communications in addition to all other persons present; (c) indicating the medium of the communication; and (d) setting forth in detail the substance of the communications. "State the basis allegation" 7, factual for the means to (a) identify each act, omission or commission relating to such . allegation or contention, (b) identify each document or oral . communication relating to such allegation or contention and (c) identify each person or entity known to you or believed by you to be in possession of evidence or other facts relating to such allegation or contention. "Liability" includes 8. actual, present, past, satisfied, contingent and future liabilities, unless otherwise specified. 9. The singular includes the plural and vice versa; each of the "and" "or" words and shall be construed in both the conjunctive and disjunctive. "Person" 10. means any natural person, corporation, company., limited liability company, partnership, association or entity. "Complaint" the 11. means complaint filed by the Plaintiff herein. "Answer" the answer served the 12. means or filed by Defendant herein. 8 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 13. "Plaintiff" means the Plaintiff, U.S. Bank National Association As Trustee for Mastr Asset Backed Securities Trust 2006-WMC3 Mortgage Pass-Through Certificates Series 2006-WMC3, . herein. "Defendant" 14. means Mohammed S. Islam a/k/a Mohammed Islam, herein. INSTRUCTIONS 1. These demands are continuing in nature and, in the event you become aware of, or acquire additional information relating or referring thereto, such additional information must be promptly furnished. 2. Where a claim of privilege is asserted in objecting to any interrogatory or document demand, or subpart thereof, and an answer 1s not provided on the basis of such assertion, identify the nature of the privilege (including a work product) which is being claimed and if the privilege is being asserted in connection with a claim or defense governed by state law, indicate the state's privilege rule being invoked; and the following information shall be provided in the objection. (i) for documents: (1) the type of document; (2) general subject matter of the document; (3) the date of the document; (4) such other information as is sufficient to identify the document including the author of the document, the addressee of the document, and, where not apparent, the relationship of the author 9 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 and addressee to each other and to each party herein; (ii) for oral communications: (1) the name of the person making the communication and †he names of persons present while the communication was made anl, where not apparent, the relationship of the persons present to the person making the communication; (2) the date and place of communication; (3) the subject matter of the communication. 3. When an interrogatory asks that a date, an amount or any other specific information be provided, if the precise information required is unknown to you, you are requested to set forth your best approximation of the information requested and the basis upon which such approximation is founded. 4. If any of these interrogatories cannot be answered in full, answer to the extent possible, specifying the reasons for your I inability to answer the remainder and stating whatever information, knowledge or belief you have concerning the unanswered portion. 5. The relevant time period for each interrogatory and each document request is the time period beginning with the earliest date discoverable information exists to the date of service of your response(s) to these interrogatories. 6. Each interrogatory must be answered separately, fully, in writing and under oath. 7. Each interrogatory requires that you provide all information available to you, including information in your possession and . the possession of agents, employees, attorneys, investigators, or 10. FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 . anyone acting on your behalf. You are required, in responding to these interrogatories, to obtain and furnish all information available to you and any of your representatives, employees, agents, servants or attorneys and to obtain and furnish all information that is in your possession or under your control, or in the possession or under the control of any of your . representatives, employees, agents, servants or attorneys. 8. Each answer shall be deemed to have been made based on the. personal knowledge of the answering person unless specifically stated to the contrary. If the information furnished is not within the personal knowledge of the ·answering person, then, so state and identify each person from whom information was obtained, and state whether each such person has personal knowledge of the information supplied. 9. Reference to any entity refers to that entity, its predecessors, successors, assigns, affiliates and subsidiaries and includes officers, directors, employees, agents, represen.tatives and any other person acting or purporting to act on behalf of any or all of said entity, unless otherwise specified. 10. used "state" forth As herein, means to set fully and unambiguously every fact, relevant to the answer called for by the interrogatories, and: a) tto set forth all facts of which the responding party has knowledge which form the basis of the statements or allegations; and 11 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 b) where acts or activities are involved, to identify all persons who performed or committed each act, the person on whose behalf such acts were performed, and the date and nature of each act; and c) to identify all documents relating to the facts or acts described in answer to the relevant interrogatory; and d) to identify all communications relating to the facts or acts described in answer to the relevant interrogatory; and e) to identify all persons having knowledge of the facts or acts described in answer to the relevant interrogatory. INTERROGATORIES . . 1. Please identify yourself fully: state your name, name of your employer, the length of time you have been so employed, your business and residence addresses and telephone numbers (home, work and cell), date of birth and social security number. 2. Identify each and every record or document to which you refer for the purpose of answering the,se questions, and for the purpose of discovery and inspection (CPLR 3120), state the location of the originals and copies of each thereof. 3. Furnish true, legible and complete copies of all documents, pooling/servicing agreements leases, options, correspondence, 12 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 contracts, agreements, riders, demands, receipts, invoices, bills, mortgage notes, HUD-1 Settlement · mortgages, Statement, Truth in Lending Disclosure, original loan application, right to rescind notice, bonds, affidavits, etc. between Plaintiff and Defendant and Defendant and/or Plaintiff and third person or entities, by which it shall be claimed that each is bound as it relates to Plaintiff's claims herein and Defendant's defenses. 4. As provided in Paragraphs 4, 6, 7, 8, 9, 11 and 12 of Plaintiff's Complaint, state when, and by whom a copy of each document or notice was furnished, recorded, transferred and/or sent by Plaintiff to Defendant or by Defendant to Plaintiff, or through his counsel, servants and/or agents and provide recording information for the mortgage and other security documents. 5., Please state the name, address and telephone number of the law firm that represented the Plaintiff at the closing as it relates to the note and mortgage that is allegedly in default. 6. If Plaintiff's counsel in this litigation is employed pursuant to any written agreement, furnish a true and complete copy thereof. 7. State how it shall be claimed that Defendant herein was served with the summons and complaint and furnish a true, complete and legible copy of any affidavit(s) of alleged service 13 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 and the index number assigned to this case. 8. If Plaintiff's claims are based on one or more writings or written agreements, furnish a true, legible and complete copy of each such writing as part of your answer hereto. 9. At the time of Defendant's application to Plaintiff for a mortgage commitment, please provide for each application: (i) date, time and place of each application; (ii) who was present during the submission of each application (individual's name, home address and telephone number); (iii) please provide a copy of each application; (iv) provide copies of any correspondence received by you or your attorney from each lender, banker or broker; and (v) please provide copies of any and all correspondence you or your attorney sent to each lender, banker or broker. 10. Please provide a copy of Defendant's mortgage commitment in connection with the purchase of 106-38 1563 New Street, Jamaica, York. 11. Please advise how you notified Defendant or his attorney that he was .allegedly in default or breach of the Mortgage/Note dated April 28, 2006. (i) how many notices, were made and to/by whom made; 14 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 (ii) the date, time and place that each notice was made; (iii) who was present during the notice; (iv) was each notice for same in writing or verbal; (v) if notice was verbal, any witnesses present; (vi) if writing, provide copies for each notice; Defendant' (vii) did you telephone Defendant or s attorney. if so, (viii) date, time, place and what was his reply. 12. Please state how you accelerated the Mortgage/Note: (i) how many notices, were made and to/by whom made; (ii) the date, time and place that each notice was made; (iii) who was present during the notice; (iv) was each notice for same in writing or verbal; (v) if notice was verbal, any witnesses present; (vi) if writing, provide copies for each notice; (vii) did you telephone Defendant or Defendant's attorney. if so, (viii) date, time, place and what was her reply. Please of Plaintiff' s Alecia C, 13. provide a copy attorney, Daniel, Esq. and RAS Boriskin, LLC certification of the Complaint. Please annex and/or provide the locat.ion and specifically identify document.s, letters and records with t.heir appropriate dates that were read and reviewed by Plaintiff's attorney to support his certification of the Complaint. 15 FILED: QUEENS COUNTY CLERK 09/09/2019 03:39 PM INDEX NO. 703763/2018 NYSCEF DOC. NO. 83 RECEIVED NYSCEF: 09/09/2019 14. Identify each person or witness who possesses personal knowledge of the facts relevant to the subject matter of this litigation and describe the substance and extent of their knowledge and the anticipated substance of their testimony. 15. State the name and address of each per