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Filing # 63509115 E-Filed 10/30/2017 04:38:40 PM
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
FLORIDA OPPORTUNITY REAL
ESTATE INVESTMENT, LLC, CASE NO: 17000587CA
Plaintiff,
VS.
WILFREDO MILAN; LISSETTE
REIGOSA, et al.,
Defendant(s).
PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST REQUEST FOR
PRODUCTION OF DOCUMENTS
Plaintiff, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC,
(hereinafter “Plaintiff’) by and through the undersigned counsel, hereby serves its responses to
Defendants’, WILFREDO MILAN and LISSETTE REIGOSA’s (hereinafter “Defendant” or
“Defendants”) First Request for Production of Documents, numbered 1 through 25.
PRELIMINARY STATEMENT
These responses have been prepared from information obtained from expected and
reasonably available sources by Plaintiff through reasonably diligent inquiry. The information
provided in these responses is based upon such information as is reasonably available to
Plaintiff, and Plaintiff expressly reserves the right, without assuming any duty of disclosure not
required under Florida Rules of Civil Procedure or order of this Court, to revise, amend, correct,
add or clarify any of these responses if and when additional information or documentation comes
to is attention.
Whether responding to each request by production of document or objection, Plaintiff
does not concede the evidentiary relevance, materiality or admissibility of any of these request
for production requests, or the subject matter to which they relate. Plaintiff expressly reserves the
right to supplement or amend these objections and responses upon, among other things: further
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA
Plaintiff's Responses to Defendant’s First Request for Production of Documents
investigation; discovery of additional facts; discovery of persons with knowledge of relevant
information; and developments in this action or in any other proceedings. The word “Defendant”
shall be taken to be singular or plural as the case may be.
GENERAL OBJECTIONS
Without in any way limiting the force or application of the Preliminary Statement,
Plaintiff asserts the following general objections (hereinafter referred to as “General
Objections”):
1 Plaintiff objects to the Request for Production to the extent that Defendant seek
information protected as attorney work product and/or by attorney-client privilege.
Plaintiff objects to the Request for Production to the extent that Defendant requires
Plaintiff to provide information exceeding the scope of discovery permitted under the
Florida Rules of Civil Procedure.
Plaintiff objects to the Request for Production to the extent that Defendant seeks
documents to matters that are not asserted in the pleadings on the ground that the
information is not relevant nor reasonably calculated to lead to the discovery of
admissible evidence.
Plaintiff objects to the Request for Production to the extent that Defendant seeks
information that is not within Plaintiff's possession, custody or control and/or that is
uniquely within the knowledge of Defendant or other third parties with knowledge
relevant to this action.
Plaintiff objects to the Request for Production to the extent that Defendant seek
information that is vague, ambiguous, overly broad, unduly burdensome, oppressive or
vexatious.
SPECIFIC OBJECTIONS AND ANSWERS
Without in any way limiting the force or application of the Preliminary Statement and General
Objections, Plaintiff asserts these specific objections (hereinafter referred to as “Specific
Objections”).
1 All documents which are related to the subject loan transaction including but not limited to
Note, modification of mortgage, judgment notes, security agreements, mortgages,
assignments, allonges, insurance agreements, servicing agreements, pooling and servicing
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA.
Plaintiff's Responses to Defendant’s First Request for Production of Documents
agreements and any and all other documents that relate or reference in any way the loan, or
Plaintiff's ability to service the loan, which is the subject of this instant litigation.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections and to the
extent that Plaintiff possesses documents to this request, please see attached copies of
the Note, Allonges to the Note, Mortgage, Assignments of Mortgage, and Notice of
Default and Intent to Accelerate, produced herein.
All documents which show the exact date that Plaintiff came into possession of the Note(s)
in question.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections Plaintiff is
the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note
and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and
Assignments of Mortgage were filed with the Complaint.
All documents which show that Plaintiff held, received, or was in possession of the original
note prior on or before June 28, 2017.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections Plaintiff is
the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note
and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and
Assignments of Mortgage were filed with the Complaint, in addition to Plaintiffs
Certification Regarding Original Promissory Note.
All agreements, contracts, or other documents which support the responses Plaintiff made to
Defendant’s First Set of Interrogatories to the Plaintiff.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections and to the
extent that Plaintiff possesses documents to this request, please see attached copies of
the Note, Allonges to the Note, Mortgage, Assignments of Mortgage, and Notice of
Default and Intent to Accelerate, produced herein.
All agreements, contracts, or other documents which support the responses Plaintiff made to
Defendant’s First Set of Admissions to the Plaintiff.
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no,: 17000587CA
Plaintiff's Responses to Defendant’s First Request for Production of Documents
RESPONSE: Plaintiff objects to this request because it is not applicable in that the
Defendants did not propound requests for admissions on the Plaintiff.
If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is
associated with said trust, please produce any relevant mortgage loan schedule which should
include the Mortgagor’s name, loan identification number, the property address, etc. Please
also produce any exceptions schedule which shows what mortgages were not transferred
into the trust.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections, the
subject note and mortgage are not held in a trust.
Any corporate resolution, power of attorney, contract, or document which shows that all
parties which are able to act as servicing agent or otherwise authorized to act on behalf of
Plaintiff with regard to the note or mortgage attached to the complaint.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
All correspondence generated by any party concerning the loan transaction, mortgage or
note in question, and instant foreclosure, from April 4, 2005 until the date of responding to
this request.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
All telephone log sheets, computer printouts and any other internal memoranda or notes
concerning this account.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
10 All executed or unexecuted, recordable or non recordable assignments associated in any
way with the subject loan including, but not limited to, assignments, transfers, allonges or
any other document that purports to transfer the interest in the subject note and mortgage to
any party from the date of its inception until the date of answering these requests for
production.
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA
Plaintiff's Responses to Defendant’s First Request for Production of Documents
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections and to the
extent that Plaintiff possesses documents to this request, please see attached copies of
the Note, Allonges to the Note, Mortgage, Assignments of Mortgage, produced herein.
11 All contracts between the Plaintiff and any person or entity responsible for servicing the
mortgage and/or note.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
12 All contracts, agreements and any other documents which show how and when the note and
mortgage that are at dispute in this transaction came into possession of the Plaintiff.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections Plaintiff is
the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note
and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and
Assignments of Mortgage were filed with the Complaint.
13 All notices sent to Defendant pursuant to the Mortgage.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections and to the
extent that Plaintiff possesses documents to this request, please see attached copy of
the Notice of Default and Intent to Accelerate, produced herein.
14. All documents which show the (1) name of the computer system that holds, processes,
creates documents, prepares data, maintain, analysis, and otherwise contain the documents,
information, data compilations, codes, and records of Defendant’s purported mortgage, note,
payment history, indebtedness, lender placed insurance, hazard insurance, late charges,
appraisal, property inspections, brokers price opinions, title charges, title updates, etc., (2)
the date of the system was created, (3) who maintains the system, (4) who developed the
system, (5) what tasks the system performs, (6) who has access to the system, (7) how often
the system is audited for accuracy, (8) how information is boarded or input into the system,
(9) who boards the information into the system, and (10) where the server to the system is
located.
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA
Plaintiff's Responses to Defendant’s First Request for Production of Documents
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
15 Any and all bailee letters or other documents or data compilations which show who owned,
held, serviced, or otherwise had any rights to enforce the note or mortgage attached to
Plaintiffs complaint.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. In re Balderrama, 451 B.R. 185, 187
(Bankr. M.D. Fla. 2100) (“any requests for information regarding the prior ownership
history of the note or mortgage are irrelevant and overbroad under Florida law.”),
Pursuant to Florida law, Courts will not look beyond the holder of the Note to identify
the proper Plaintiff. Booker y. Sarasota, Inc., 707 So.2d 886 (Fla. Ist DCA 1998). To the
extent this Interrogatory is not objectionable, Plaintiff is the owner and holder of the
Note, indorsed into Plaintiff. Plaintiff purchased the note and mortgage on or about
June 7, 2012. A copy of the Note, Mortgage and Assignments of Mortgage were filed
with the Complaint.
16. All documents that borrower sent to lender, or its successors and assignees, which
designates a substitute address by which notices should be sent under the mortgage.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
17 All assignments of mortgages upon which Plaintiff relies on.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence. Without waiving objections the
Assignments of Mortgage were filed with the Complaint.
18. All documents that Plaintiff intends to rely on at trial.
RESPONSE: Plaintiff objects on the basis that this request is premature. A witness
and exhibit list will be filed with the Court at an appropriate time.
19, A copy of the mortgage loan schedule which reference the instant note or mortgage.
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA
Plaintiff's Responses to Defendant’s First Request for Production of Documents
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
20. A copy of all Requests for Release of Documents which reference the instant note or
mortgage.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
21 All written notices to Defendant which notify them of the assignment of the note at issue to
another entity.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
22 All communications regarding or relating to the creation of the Assignment of Mortgage.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
23 All communications between Florida Opportunity Real Estate Investments, LLC and Tripp
Scott, P.A. concerning the instant file.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
24, All retainer contracts and invoices for litigation costs and legal work performed on this case.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
25 All invoices and proof of payment to any third party vendor whose fees are to be included in
any proposed Final Judgment of Foreclosure.
RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial,
unduly burdensome, and seeks information neither relevant nor reasonably calculated
to lead to the discovery of admissible evidence.
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA
Plaintiff's Responses to Defendant’s First Request for Production of Documents
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of Plaintiff's Response to
Defendant’s First Request for Production of Documents was furnished this 30" day of October,
2017 via mail or electronic mail, as appropriate, to the parties on the service list below.
TRIPP SCOTT, P.A.
Attorneys for Plaintiff
110 S.E. Sixth St., 15th Floor
Fort Lauderdale, FL 33301
Telephone (954) 525-75
Facsimile (954) 761-847
By hu
ichael Solloa; Jr., Esq
Fla. Bar No. 37854
mxs@trippscott.com
nds@trippscott.com
SERVICE LIST
Case Number: 17000587CA
JACQULYN MACK-MAJKA, ESQ.
ATTORNEY FOR DEFENDANTS
WILFREDO MILAN & LISSETTE REIGOSA
MACK LAW FIRM CHARTERED
2022 PLACIDA ROAD
ENGLEWOOD, FL 34224
eservicel @macklawfirm.org
service2@macklawfirm.org
CURRENT TENANT(S)
3063 PELLAM BLVD.
PORT CHARLOTTE, FL 33952
17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al.
Case no.: 17000587CA.
Plaintiff's Responses to Defendant’s First Request for Production of Documents
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Filing # 63509115 E-Filed 10/30/2017 04:38:40 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, CASE NO: 17000587CA Plaintiff, VS. WILFREDO MILAN; LISSETTE REIGOSA, et al., Defendant(s). PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, (hereinafter “Plaintiff’) by and through the undersigned counsel, hereby serves its responses to Defendants’, WILFREDO MILAN and LISSETTE REIGOSA’s (hereinafter “Defendant” or “Defendants”) First Request for Production of Documents, numbered 1 through 25. PRELIMINARY STATEMENT These responses have been prepared from information obtained from expected and reasonably available sources by Plaintiff through reasonably diligent inquiry. The information provided in these responses is based upon such information as is reasonably available to Plaintiff, and Plaintiff expressly reserves the right, without assuming any duty of disclosure not required under Florida Rules of Civil Procedure or order of this Court, to revise, amend, correct, add or clarify any of these responses if and when additional information or documentation comes to is attention. Whether responding to each request by production of document or objection, Plaintiff does not concede the evidentiary relevance, materiality or admissibility of any of these request for production requests, or the subject matter to which they relate. Plaintiff expressly reserves the right to supplement or amend these objections and responses upon, among other things: further 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA Plaintiff's Responses to Defendant’s First Request for Production of Documents investigation; discovery of additional facts; discovery of persons with knowledge of relevant information; and developments in this action or in any other proceedings. The word “Defendant” shall be taken to be singular or plural as the case may be. GENERAL OBJECTIONS Without in any way limiting the force or application of the Preliminary Statement, Plaintiff asserts the following general objections (hereinafter referred to as “General Objections”): 1 Plaintiff objects to the Request for Production to the extent that Defendant seek information protected as attorney work product and/or by attorney-client privilege. Plaintiff objects to the Request for Production to the extent that Defendant requires Plaintiff to provide information exceeding the scope of discovery permitted under the Florida Rules of Civil Procedure. Plaintiff objects to the Request for Production to the extent that Defendant seeks documents to matters that are not asserted in the pleadings on the ground that the information is not relevant nor reasonably calculated to lead to the discovery of admissible evidence. Plaintiff objects to the Request for Production to the extent that Defendant seeks information that is not within Plaintiff's possession, custody or control and/or that is uniquely within the knowledge of Defendant or other third parties with knowledge relevant to this action. Plaintiff objects to the Request for Production to the extent that Defendant seek information that is vague, ambiguous, overly broad, unduly burdensome, oppressive or vexatious. SPECIFIC OBJECTIONS AND ANSWERS Without in any way limiting the force or application of the Preliminary Statement and General Objections, Plaintiff asserts these specific objections (hereinafter referred to as “Specific Objections”). 1 All documents which are related to the subject loan transaction including but not limited to Note, modification of mortgage, judgment notes, security agreements, mortgages, assignments, allonges, insurance agreements, servicing agreements, pooling and servicing 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA. Plaintiff's Responses to Defendant’s First Request for Production of Documents agreements and any and all other documents that relate or reference in any way the loan, or Plaintiff's ability to service the loan, which is the subject of this instant litigation. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections and to the extent that Plaintiff possesses documents to this request, please see attached copies of the Note, Allonges to the Note, Mortgage, Assignments of Mortgage, and Notice of Default and Intent to Accelerate, produced herein. All documents which show the exact date that Plaintiff came into possession of the Note(s) in question. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections Plaintiff is the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and Assignments of Mortgage were filed with the Complaint. All documents which show that Plaintiff held, received, or was in possession of the original note prior on or before June 28, 2017. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections Plaintiff is the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and Assignments of Mortgage were filed with the Complaint, in addition to Plaintiffs Certification Regarding Original Promissory Note. All agreements, contracts, or other documents which support the responses Plaintiff made to Defendant’s First Set of Interrogatories to the Plaintiff. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections and to the extent that Plaintiff possesses documents to this request, please see attached copies of the Note, Allonges to the Note, Mortgage, Assignments of Mortgage, and Notice of Default and Intent to Accelerate, produced herein. All agreements, contracts, or other documents which support the responses Plaintiff made to Defendant’s First Set of Admissions to the Plaintiff. 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no,: 17000587CA Plaintiff's Responses to Defendant’s First Request for Production of Documents RESPONSE: Plaintiff objects to this request because it is not applicable in that the Defendants did not propound requests for admissions on the Plaintiff. If the Plaintiff claims that this mortgage and note are held in trust and the Plaintiff is associated with said trust, please produce any relevant mortgage loan schedule which should include the Mortgagor’s name, loan identification number, the property address, etc. Please also produce any exceptions schedule which shows what mortgages were not transferred into the trust. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections, the subject note and mortgage are not held in a trust. Any corporate resolution, power of attorney, contract, or document which shows that all parties which are able to act as servicing agent or otherwise authorized to act on behalf of Plaintiff with regard to the note or mortgage attached to the complaint. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. All correspondence generated by any party concerning the loan transaction, mortgage or note in question, and instant foreclosure, from April 4, 2005 until the date of responding to this request. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. All telephone log sheets, computer printouts and any other internal memoranda or notes concerning this account. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 10 All executed or unexecuted, recordable or non recordable assignments associated in any way with the subject loan including, but not limited to, assignments, transfers, allonges or any other document that purports to transfer the interest in the subject note and mortgage to any party from the date of its inception until the date of answering these requests for production. 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA Plaintiff's Responses to Defendant’s First Request for Production of Documents RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections and to the extent that Plaintiff possesses documents to this request, please see attached copies of the Note, Allonges to the Note, Mortgage, Assignments of Mortgage, produced herein. 11 All contracts between the Plaintiff and any person or entity responsible for servicing the mortgage and/or note. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 12 All contracts, agreements and any other documents which show how and when the note and mortgage that are at dispute in this transaction came into possession of the Plaintiff. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections Plaintiff is the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and Assignments of Mortgage were filed with the Complaint. 13 All notices sent to Defendant pursuant to the Mortgage. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections and to the extent that Plaintiff possesses documents to this request, please see attached copy of the Notice of Default and Intent to Accelerate, produced herein. 14. All documents which show the (1) name of the computer system that holds, processes, creates documents, prepares data, maintain, analysis, and otherwise contain the documents, information, data compilations, codes, and records of Defendant’s purported mortgage, note, payment history, indebtedness, lender placed insurance, hazard insurance, late charges, appraisal, property inspections, brokers price opinions, title charges, title updates, etc., (2) the date of the system was created, (3) who maintains the system, (4) who developed the system, (5) what tasks the system performs, (6) who has access to the system, (7) how often the system is audited for accuracy, (8) how information is boarded or input into the system, (9) who boards the information into the system, and (10) where the server to the system is located. 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA Plaintiff's Responses to Defendant’s First Request for Production of Documents RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 15 Any and all bailee letters or other documents or data compilations which show who owned, held, serviced, or otherwise had any rights to enforce the note or mortgage attached to Plaintiffs complaint. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. In re Balderrama, 451 B.R. 185, 187 (Bankr. M.D. Fla. 2100) (“any requests for information regarding the prior ownership history of the note or mortgage are irrelevant and overbroad under Florida law.”), Pursuant to Florida law, Courts will not look beyond the holder of the Note to identify the proper Plaintiff. Booker y. Sarasota, Inc., 707 So.2d 886 (Fla. Ist DCA 1998). To the extent this Interrogatory is not objectionable, Plaintiff is the owner and holder of the Note, indorsed into Plaintiff. Plaintiff purchased the note and mortgage on or about June 7, 2012. A copy of the Note, Mortgage and Assignments of Mortgage were filed with the Complaint. 16. All documents that borrower sent to lender, or its successors and assignees, which designates a substitute address by which notices should be sent under the mortgage. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 17 All assignments of mortgages upon which Plaintiff relies on. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections the Assignments of Mortgage were filed with the Complaint. 18. All documents that Plaintiff intends to rely on at trial. RESPONSE: Plaintiff objects on the basis that this request is premature. A witness and exhibit list will be filed with the Court at an appropriate time. 19, A copy of the mortgage loan schedule which reference the instant note or mortgage. 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA Plaintiff's Responses to Defendant’s First Request for Production of Documents RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 20. A copy of all Requests for Release of Documents which reference the instant note or mortgage. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 21 All written notices to Defendant which notify them of the assignment of the note at issue to another entity. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 22 All communications regarding or relating to the creation of the Assignment of Mortgage. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 23 All communications between Florida Opportunity Real Estate Investments, LLC and Tripp Scott, P.A. concerning the instant file. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 24, All retainer contracts and invoices for litigation costs and legal work performed on this case. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 25 All invoices and proof of payment to any third party vendor whose fees are to be included in any proposed Final Judgment of Foreclosure. RESPONSE: Plaintiff objects to this request because it is overly broad, immaterial, unduly burdensome, and seeks information neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA Plaintiff's Responses to Defendant’s First Request for Production of Documents CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of Plaintiff's Response to Defendant’s First Request for Production of Documents was furnished this 30" day of October, 2017 via mail or electronic mail, as appropriate, to the parties on the service list below. TRIPP SCOTT, P.A. Attorneys for Plaintiff 110 S.E. Sixth St., 15th Floor Fort Lauderdale, FL 33301 Telephone (954) 525-75 Facsimile (954) 761-847 By hu ichael Solloa; Jr., Esq Fla. Bar No. 37854 mxs@trippscott.com nds@trippscott.com SERVICE LIST Case Number: 17000587CA JACQULYN MACK-MAJKA, ESQ. ATTORNEY FOR DEFENDANTS WILFREDO MILAN & LISSETTE REIGOSA MACK LAW FIRM CHARTERED 2022 PLACIDA ROAD ENGLEWOOD, FL 34224 eservicel @macklawfirm.org service2@macklawfirm.org CURRENT TENANT(S) 3063 PELLAM BLVD. PORT CHARLOTTE, FL 33952 17-029998 Florida Opportunity Real Estate Investment, LLC V. Wilfredo Milan; Lissette Reigosa, et al. Case no.: 17000587CA. Plaintiff's Responses to Defendant’s First Request for Production of Documents