arrow left
arrow right
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview 
						
                                
Preview

                                FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                                             EXHIBIT                                            42
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                  SUPREME        COURT      OF   THE   STATE     OF  NEW     YORK
                  COUNTY       OF   NEW    YORK



                   NOMURA        ASSET     ACCEPTANCE           CORPORATION
                   ALTERNATIVE           LOAN     TRUST,     SERIES     2006-S4,
                       HSBC     BANK            NATIONAL                                     First-Party   Index  No.   652619/2012
                   by                    USA,                    ASSOCIATION,
                   in its capacity   as Trustee,
                                                                                             Hon.   Marcy   Friedman

                                                       Plaintiff,
                                                                                             IAS   Part 60
                                              -against-



                   NOMURA        CREDIT      &  CAPITAL,      INC.,


                                                       Defendant.




                                                                                             Third-Party    Index   No.

                                                                                             595306/2014




                                      WELLS      FARGO       BANK,     N.A.'S   RESPONSE         TO   NOMURA
                               CREDIT      &   CAPITAL,       INC.'S   FIRST     SET   OF   INTERROGATORIES
                                  TO   THIRD-PARTY           DEFENDANT          WELLS       FARGO      BANK,     N.A.


                           Pursuant   to Article   31 of the  New   York   Civil  Practice  Law   and   Rules  ("CPLR"),     Wells


                  Fargo   Bank,   N.A.  ("Wells   Fargo")   hereby   objects   and  responds   to Third-Party    Plaintiff Nomura


                  Credit  and  Capital,   Inc.'s ("Nomura")     First  Set of Interrogatories    to Third-Party    Defendant    Wells


                                                       "Interrogatories"
                  Fargo,   dated  June  4, 2020   (the                      and  each  request   individually,   an


                  "Interrogatory").     These   responses   are  subject  to, and  without   waiver   of,the  general   and  specific
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                  objections   set forth  below,   and  are further  subject  to Wells   Fargo's   continuing    investigation   of


                                1
                  this matter


                                                           GENERAL         OBJECTIONS


                           Each   of the responses    below   is made   subject  to and  incorporates    the following    General


                  Objections:


                           1.       Privileges   and  Protections:    Wells   Fargo  objects  to the  Interrogatories   to the


                  extent  they  seek  information    protected   by  the attorney-client   privilege,  the  attorney  work-product



                  doctrine,  the  right of privacy   of any   person  or entity,  or any  other  applicable   privilege   or


                  protection.   Wells   Fargo   deems    such  privileged   and  protected   information   not  intended   to be


                  within  the  scope   of these  Requests.    Nothing   contained    in these  responses   is intended   as, or shall


                  in any  way   be  deemed,   a general,   inadvertent,   implicit,  subject  matter,  separate,  independent,     or


                  other  waiver   of such  privilege   or protection,   and  nothing   herein  shall put  in issue  or constitute


                  the  affirmative  use  of  advice  of counsel   or of any   privileged   or protected   materials.


                           2.       Objections    Not  Waived:     Wells   Fargo's  responses    are made   without   waiving    any


                  objections   to relevance,   privilege   or admissibility   of any   information   provided    in response   to the


                  Requests    in any  subsequent    proceeding    or at the  trialof this  or any  other  action.  A  partial


                  answer   to any  Request    that has  been  objected   to in whole   or in part  is not  a waiver   of that


                  objection.    By  asserting  various   objections,   Wells  Fargo   does  not  waive   any  other  objections   that



                  may   become    applicable.


                                                                                                                    "Definitions"
                           3.       Definitions   and  Instructions:    Wells   Fargo  objects   to the Requests


                       "Instructions"
                  and                    to the extent  that  they  are overbroad    and  purport  to require   Wells   Fargo  to




                           1
                             Capitalized   terms  not  otherwise   defined   herein   shall have  the  meaning    ascribed   to them
                  in the  Third-Party   Complaint     or the  Interrogatories.
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                  perform   tasks  beyond    itsobligations   under   the CPLR     and  the Special   Master's   May   28,  2020


                  Order.   Wells   Fargo   will respond   to the  Interrogatories   pursuant   to its obligations   under   the


                  CPLR    and  the  Special  Master's    May   28, 2020   Order.


                                               SPECIFIC      OBJECTIONS           AND    RESPONSES


                           Subject   to the foregoing    General   Objections    and  without   waiving   them,   and  further


                  without   conceding    that any  documents     or information    are  properly   discoverable    or relevant  to the


                  issues  to be  decided   in this action,  or are admissible    as evidence    in any  proceeding,    Wells  Fargo


                  further  objects  and  responds    to the Interrogatories    as follows:


                           INTERROGATORY               NO.   1:  With   respect   to the  Counterclaims,       for each   Mortgage
                           Loan    for which   You    contend   Nomura      failed  to provide    You   with  the  notice  required

                           by  the  PSA,   identify   the specific   Representations      and   Warranties     that  Nomura

                           purportedly     breached.


                  ANSWER:           Subject   to and  without   waiving   its General   Objections,    which   are specifically


                  incorporated    herein,  Wells   Fargo   states as follows:   consistent  with   the Special   Master's   May   28,

                                                                                                    information/analysis"
                  2020   Order,  Wells   Fargo   must  provide   only  the  "detailed  loan-level



                  regarding   Nomura's     failure  to provide   the required   notice  of Representation     and  Warranty


                  breaches   that  itintends  to offer  in support   of its Counterclaims.     Wells   Fargo   is unaware    of any


                  breaches   of  Representations     and  Warranties   or failure  to provide   notice  thereof   by Nomura,     but


                  to the  extent  that First-Party   Plaintiff HSBC     Bank   USA,   N.A.   ("HSBC")     proves   that Nomura


                  failed  to provide   the requisite  notice  of  any  breaches   of Representations     and  Warranties,    Wells



                  Fargo,   as a party  which   was  equally   entitled  to receive  notice  of breaches,    incorporates    and


                  relies upon   HSBC's     proof  for purposes    of its Counterclaims.     Consistent    with  the Special


                  Master's   May    28, 2020   Order,  Wells   Fargo   states that with  respect   to itsCounterclaims,      itdoes


                  not  intend  to offer  detailed  loan-level   information/analysis     to establish  the  existence   of


                  Representation     and  Warranty    breaches   or failures  to provide   notice  with  respect   thereto; rather,  it
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                  intends  to rely  upon   the detailed  loan-level   information/analysis      establishing   the existence   of


                  Representation     and  Warranty    breaches   and  any  related  failures  to provide   notice  presented   by


                  HSBC     in the first-party  action.




                           INTERROGATORY               NO.   2:  For  each   Mortgage     Loan    identified   in response    to

                           Interrogatory     No.   1 above,   identify  when    and   how   Nomura     discovered     each  breach
                           of Representation       and  Warranty      with  respect   to that  Mortgage     Loan.




                  ANSWER:           Subject   to, and  without   waiving   its General   Objections,   which   are  specifically


                  incorporated    herein,  Wells   Fargo   states as follows:   consistent  with   the Special   Master's   May   28,

                                                                                                    information/analysis"
                  2020   Order,  Wells   Fargo   must  provide   only  the  "detailed  loan-level



                  regarding   Nomura's     failure  to provide   the required   notice  of Representation     and  Warranty


                  breaches   that  itintends  to offer  in support   of its Counterclaims.      Consistent   with  the  Special


                  Master's   May    28, 2020   Order,  Wells   Fargo   states that  for purposes   of its Counterclaims,     itdoes


                  not  intend  to offer  detailed  loan-level   information/analysis     to establish  Nomura's     discovery   of


                  the Representation     and  Warranty    breaches    identified  in response   to Interrogatory    No.  1 or


                  failures  to provide   notice  with  respect                     itintends  to       upon   the detailed  loan-
                                                                thereto;  rather,                rely


                  level  information/analysis     establishing   Nomura's     discovery   of those   breaches   and  any  related


                  failures  to provide   notice  presented   by  HSBC     in the first-party  action.




                  Dated:   June  24,  2020




                                                                 By:      /s/ Jeffrev  Baltruzak

                                                                        Jeffrey  Baltruzak

                                                                        JONES     DAY
                                                                        500  Grant   Street
                                                                        Suite  4500

                                                                        Pittsburgh,   PA   15219
                                                                        Telephone:     1.412.394.7909
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                                                                        Attorneys   for  Third-Party    Defendant

                                                                        Wells  Fargo    Bank,  N.A.
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                  TO:      Amianna     Stovall

                           Joel  A. Chernov
                           CONSTANTINE           CANNON       LLP
                           335  Madison     Avenue,   9th  Floor
                           New   York,   NY    10017
                           Telephone:    212.350.2700
                           Facsimile:   212.350.2701


                           Attorneys   for Defendant     and  Third-Party
                           Plaintiff  Nomura    Credit   &  Capital,  Inc.
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                                                         CERTIFICATE          OF   SERVICE


                           The  undersigned     certifies that  Defendant    and  Third-Party    Plaintiff Nomura     Credit  &


                  Capital,  Inc.  is being  served  with  a copy   of Third-Party    Defendant's    Response     to Defendant    and


                                 Plaintiff's  First Set of  Interrogatories   to                Defendant    Wells   Fargo   via e-
                  Third-Party                                                    Third-Party


                  mail  on  this 24th  day  of June,  2020.



                                                                                                   /s/ Jeffrey Baltruzak

                                                                                                     Jeffrey  Baltruzak
   FILED:         NEW     YORK       COUNTY        CLERK        08/04/2022             12:56        PM                 INDEX    NO.   650337/2013
   NYSCEF     DOC.   NO.   1806                                                                               RECEIVED      NYSCEF:     08/04/2022




                                                                 VERIFICATION




                           I am  authorized   to  verify  on  behalf  of Wells   Fargo  Bank,   N.A.   ("Wells   Fargo")   the


                  responses   to the  interrogatories   set forth  above.   The   factual  information    contained   in the



                  interrogatory   responses    is consolidated    from  numerous     sources  at Wells   Fargo,   and  not



                  necessarily   within  my   personal   knowledge.     On  behalf   of Wells   Fargo,   I affirm  that to the best  of



                  my   knowledge,    information    and  belief, the  information    contained   in the  interrogatory   responses


                  is true and  correct.


                  Dated   June  24,  2020
                                                                                                     E-SIGNED     by  Daniel Cohen
                                                                                                    on  2020-06-24   14:47:20   GMT

                                                                                                   Daniel   M.  Cohen
                                                                                                   Vice  President,
                                                                                                   Wells   Fargo   Bank,  N.A.