Preview
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
Exhibit A
Letter from Lara A. Chassin to G. Wesley Simpson dated February 12, 2021
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
Fidelity National Law Group
The Law Division of Alamo Title Insurance Co., Chicago Title Insurance Co.,
Commonwealth Land Title Insurance Co., and Fidelity National Title Insurance Co.
711 Third Avenue, 8th Floor
New York, New York 10117
Lara A. Chassin. Esq.
Assistant Vice President, Litigation Counsel
Telephone: (646) 708-8086
Fax: (212)594-8378
Lara.Chassin@fnf.com
February 12, 2021
Via e-Mail
G. Wesley Simpson, Esq.
Attorneys for Sandra Akesson as Administrator
for the Estate of Calvin Traylor and Sidney McLaney
1016 Ralph Avenue, 1st Floor
New York, NY 11236
Re: MidFirst Bank v. Solomon McKenzie, et. al.
(Queens County Supreme Court Index No.: 12592/08)
Dear Mr. Simpson:
This letter is in response to your letter dated December 14, 2020. As this letter
covers multiple areas of contention regarding discovery in this matter, I have addressed each
topic in a subheading.
Your Refusal to Produce Sandra Akesson for Deposition
Plaintiff is entitled to a deposition of Ms. Akesson. She is the administrator of
her father’s estate. After the Property was transferred back to the Estate, multiple deeds were
recorded in the land records containing her signature, transferring the Property out of the
Estate. If the Estate no longer has title over the Property, that raises questions of whether the
Estate has any standing to challenge Plaintiff’s mortgage. Further, per the Compliance Order
dated February 10, 2020, Ms. Akesson is ordered to sit for a deposition. Your blanket refusal
to produce her at all directly flouts the court’s order. If you do not provide deposition dates
for Ms. Akesson by February 19, 2021, we will file a motion to strike the Estate’s answer.
MidFirst’s Compliance with Its Discovery Obligations
You contend that MidFirst has not complied with its discovery obligations
because it has not produced the “entire file” related to this loan. This is the first time you
have demanded that MidFirst produce the “entire file” in writing. MidFirst objects to this
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
demand as vague and ambiguous, overly broad, unduly burdensome, and calling for the
production of private personal information of the borrower, Solomon McKenzie. MidFirst
has identified a handful additional documents that can be produced, with redactions, and is
providing slip sheets to show exactly which documents have been intentionally withheld.
Kindly see the documents Bates stamped MidFirst_000279-MidFirst_000302, enclosed.
MidFirst has now produced all of the documents responsive to the discovery
requests that you have served. Specifically, MidFirst has produced the entire origination and
closing file for the loan that it is able to produce pursuant to federal regulations. The only
information that has been redacted or withheld relates entirely to the private personal
information of the borrower, Solomon McKenzie, and no third party is entitled to that
information.
A Redaction Log and Withheld Documents log is enclosed. If you have any
further questions regarding specific documents that were withheld or redacted, please let me
know.
MidFirst objects to any demand for the production of the servicing and pay
history file for this loan. That information is private personal financial information of the
borrower, Solomon McKenzie, and MidFirst cannot produce it to a third party under federal
regulations.
You also demand documents relating to the acquisition of the loan from the
“acquisition department.” There is no such department at MidFirst. Further, MidFirst
purchased this loan as part of a large pool of approximately 50,000 loans. There exists a
confidential contract with the prior servicer and an annexed loan tape with the characteristics
of the loan, such as origination date, interest rate, and original principal balance. However,
there are no loan-specific documents relating to MidFirst’s acquisition of this loan.
Additionally, MidFirst does not have any written policies or procedures governing loan
acquisition. Any other documents relating to the acquisition of the loan by MidFirst, if they
were in MidFirst’s possession, custody, or control, have been produced.
Deposition of MidFirst
MidFirst objects to your contention that “the deposition of MidFirst is not yet
complete, as plaintiff has failed to produce a witness with knowledge as to the acquisition
of the subject mortgage.” You have had two complete days, and over 12 hours, of testimony
from MidFirst. At the Preliminary Conference, when you first asked for a deposition of
MidFirst, you said that you wanted “the closer” of the loan. I advised that no one from
MidFirst had any knowledge of the closing of the transaction because MidFirst did not
originate this loan. In the enclosed letter dated October 2, 2019, I reiterated that MidFirst
could not produce the “closer,” and reminded you that the closing agent for MidFirst had
already been deposed pursuant to a subpoena.1 You did not then object to moving forward
with the deposition of a MidFirst witness, and did not ever ask for a witness with any other
1
You were served with a copy of the subpoena, and my office notified you before the deposition that the closing
attorney was going to appear. However, you chose not to attend the deposition.
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
specific knowledge related to the case. You did not once request testimony from a “witness
with knowledge as to the acquisition of the subject mortgage.”
You now request that MidFirst provide a witness with knowledge of the
acquisition of this loan. As stated above, this loan was acquired by MidFirst over fifteen
years ago. There is no employee currently at MidFirst with any personal knowledge of the
acquisition of this loan. There is no one in MidFirst’s custody or control with any personal
knowledge of this loan that would not be obtained by reviewing the documents that MidFirst
produced to you. Additionally, as previously stated, MidFirst acquired this loan in a pool of
approximately 50,000 loans purchased from the same servicer.
Given the above-noted limits of the knowledge of MidFirst regarding the
acquisition of this particular loan, MidFirst will agree to produce a witness for an additional
three (3) hours of testimony, to testify only about MidFirst’s general practices when
acquiring a pool of loans.2 MidFirst also asks that you provide the specific topics that you
wish to cover under that broad heading, or a list of questions, so that MidFirst can ensure
that it is identifying the person with the most knowledge, however limited that knowledge
will be. Alternatively, if you wish to provide a list of questions, MidFirst can provide a
verified response, or an affidavit regarding the general practices and procedures related to
mortgage loan acquisition in lieu of a deposition. Kindly advise how you would like to
proceed.
Should you wish to move forward with an additional three (3) hours of
deposition of MidFirst, MidFirst can make a witness available between February 23, 2021-
February 25, 2021, provided that we have a list of topics that you plan to cover on or before
February 17, 2021. Please let me know if any of those dates work for you. If you do not send
a list of topics by February 17th, we will have to find a later date to move forward with the
deposition.
Finally, you complain that the MidFirst witness had no knowledge of MidFirst’s
mortgage application process. As MidFirst has explained, not only did MidFirst not originate
this loan, MidFirst does not engage in the business of originating mortgage loans in New
York State. Thus, MidFirst’s mortgage origination practice and mortgage application
process have no relevance to this case, which involves a mortgage encumbering a property
in New York State, originated by another entity, well over fifteen years ago. MidFirst
therefore objects to your demand for a witness with knowledge of MidFirst’s mortgage
application process as overly broad, unduly burdensome, and unlikely to lead to the
disclosure of admissible evidence.
2
As you likely are aware, Administrative Order 270/20, effective as of February 1, 2021, places a seven (7) hour
limit on depositions. The deposition of MidFirst has already lasted over 12 hours. Therefore, MidFirst’s position is
that you are not entitled to any further testimony from MidFirst.
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
MidFirst contends that, upon the production of an affidavit or a witness with
knowledge of MidFirst’s general practices and procedures for purchasing mortgage loans,
all relevant topics of discovery that you could obtain from MidFirst have been exhausted.
To that end, MidFirst will seek a protective order barring the production of a witness on any
additional topics for any additional testimony related to this action.
Best,
FIDELITY NATIONAL LAW GROUP
By: ___________________________
Lara A. Chassin
Enclosures
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000279
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000280
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000281
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000282
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000283
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
REDACTED
REDACTED
REDACTED
REDACTED
MidFirst_000284
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
MidFirst_000285
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
REDACTED
REDACTED
REDACTED
MidFirst_000286
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
MidFirst_000287
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000288
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000289
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000290
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000291
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000292
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000293
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000294
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000295
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000296
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000297
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000298
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000299
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000300
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000301
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
DOCUMENT WITHHELD
MidFirst_000302
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022
Withheld log ‐ Index #75206/10
Beg Doc Number End Doc Number File Name/File Description Date Subject Issuer/Sender/Requester Recipient Items Withheld Basis for Withholding
MidFirst_000279 MidFirst_000282 Verbal Employment Verification 4/20/2004 First Residential Mortgage Employment Verification including salary and bonus Contains private personal information of borrower
Services Corp. information for Solmon McKenzie, tax withholding Solomon McKenzie that MidFirst is unable to
information for Solomon McKenzie, Home Address for provide to third parties under the Financial Service
Solomon McKenzie Modernization Act of 1999, Public Law 106‐102 113
Stat. 11338 (1999)
MidFirst_000283 Copy of Social Security Card Social Security Office Solomon McKenzie's Social Security Number Contains private personal information of borrower
Solomon McKenzie that MidFirst is unable to
provide to third parties under the Financial Service
Modernization Act of 1999, Public Law 106‐102 113
Stat. 11338 (1999)
MidFirst_000288 Copy of Paycheck 2/28/2004 Island Tee Shirt Depot Solomon McKenzie Solomon McKenzie Salary Information Contains private personal information of borrower
Solomon McKenzie that MidFirst is unable to
provide to third parties under the Financial Service
Modernization Act of 1999, Public Law 106‐102 113
Stat. 11338 (1999)
MidFirst_000289 MidFirst_000299 Merged InFile Credit Report 4/15/2004 Credit Masters First Residential McKenzie Credit Report, contains Account Numbers Contains private personal information of borrower
and Account Holders, Credit Hisotry, Social Security Solomon McKenzie that MidFirst is unable to
Numbers, Phone Number, Home Address provide to third parties under the Financial Service
Modernization Act of 1999, Public Law 106‐102 113
Stat. 11338 (1999)
MidFirst_000300 MidFirst_000302 Chase Banking Statement 2/10/2004 McKenzie Account Numbers, Account Balance Contains private personal information of borrower
Information, Deposit and Withdrawal Information Solomon McKenzie that MidFirst is unable to
provide to third parties under the Financial Service
Modernization Act of 1999, Public Law 106‐102 113
Stat. 11338 (1999)
Preview
FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 Exhibit A Letter from Lara A. Chassin to G. Wesley Simpson dated February 12, 2021 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 Fidelity National Law Group The Law Division of Alamo Title Insurance Co., Chicago Title Insurance Co., Commonwealth Land Title Insurance Co., and Fidelity National Title Insurance Co. 711 Third Avenue, 8th Floor New York, New York 10117 Lara A. Chassin. Esq. Assistant Vice President, Litigation Counsel Telephone: (646) 708-8086 Fax: (212)594-8378 Lara.Chassin@fnf.com February 12, 2021 Via e-Mail G. Wesley Simpson, Esq. Attorneys for Sandra Akesson as Administrator for the Estate of Calvin Traylor and Sidney McLaney 1016 Ralph Avenue, 1st Floor New York, NY 11236 Re: MidFirst Bank v. Solomon McKenzie, et. al. (Queens County Supreme Court Index No.: 12592/08) Dear Mr. Simpson: This letter is in response to your letter dated December 14, 2020. As this letter covers multiple areas of contention regarding discovery in this matter, I have addressed each topic in a subheading. Your Refusal to Produce Sandra Akesson for Deposition Plaintiff is entitled to a deposition of Ms. Akesson. She is the administrator of her father’s estate. After the Property was transferred back to the Estate, multiple deeds were recorded in the land records containing her signature, transferring the Property out of the Estate. If the Estate no longer has title over the Property, that raises questions of whether the Estate has any standing to challenge Plaintiff’s mortgage. Further, per the Compliance Order dated February 10, 2020, Ms. Akesson is ordered to sit for a deposition. Your blanket refusal to produce her at all directly flouts the court’s order. If you do not provide deposition dates for Ms. Akesson by February 19, 2021, we will file a motion to strike the Estate’s answer. MidFirst’s Compliance with Its Discovery Obligations You contend that MidFirst has not complied with its discovery obligations because it has not produced the “entire file” related to this loan. This is the first time you have demanded that MidFirst produce the “entire file” in writing. MidFirst objects to this FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 demand as vague and ambiguous, overly broad, unduly burdensome, and calling for the production of private personal information of the borrower, Solomon McKenzie. MidFirst has identified a handful additional documents that can be produced, with redactions, and is providing slip sheets to show exactly which documents have been intentionally withheld. Kindly see the documents Bates stamped MidFirst_000279-MidFirst_000302, enclosed. MidFirst has now produced all of the documents responsive to the discovery requests that you have served. Specifically, MidFirst has produced the entire origination and closing file for the loan that it is able to produce pursuant to federal regulations. The only information that has been redacted or withheld relates entirely to the private personal information of the borrower, Solomon McKenzie, and no third party is entitled to that information. A Redaction Log and Withheld Documents log is enclosed. If you have any further questions regarding specific documents that were withheld or redacted, please let me know. MidFirst objects to any demand for the production of the servicing and pay history file for this loan. That information is private personal financial information of the borrower, Solomon McKenzie, and MidFirst cannot produce it to a third party under federal regulations. You also demand documents relating to the acquisition of the loan from the “acquisition department.” There is no such department at MidFirst. Further, MidFirst purchased this loan as part of a large pool of approximately 50,000 loans. There exists a confidential contract with the prior servicer and an annexed loan tape with the characteristics of the loan, such as origination date, interest rate, and original principal balance. However, there are no loan-specific documents relating to MidFirst’s acquisition of this loan. Additionally, MidFirst does not have any written policies or procedures governing loan acquisition. Any other documents relating to the acquisition of the loan by MidFirst, if they were in MidFirst’s possession, custody, or control, have been produced. Deposition of MidFirst MidFirst objects to your contention that “the deposition of MidFirst is not yet complete, as plaintiff has failed to produce a witness with knowledge as to the acquisition of the subject mortgage.” You have had two complete days, and over 12 hours, of testimony from MidFirst. At the Preliminary Conference, when you first asked for a deposition of MidFirst, you said that you wanted “the closer” of the loan. I advised that no one from MidFirst had any knowledge of the closing of the transaction because MidFirst did not originate this loan. In the enclosed letter dated October 2, 2019, I reiterated that MidFirst could not produce the “closer,” and reminded you that the closing agent for MidFirst had already been deposed pursuant to a subpoena.1 You did not then object to moving forward with the deposition of a MidFirst witness, and did not ever ask for a witness with any other 1 You were served with a copy of the subpoena, and my office notified you before the deposition that the closing attorney was going to appear. However, you chose not to attend the deposition. FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 specific knowledge related to the case. You did not once request testimony from a “witness with knowledge as to the acquisition of the subject mortgage.” You now request that MidFirst provide a witness with knowledge of the acquisition of this loan. As stated above, this loan was acquired by MidFirst over fifteen years ago. There is no employee currently at MidFirst with any personal knowledge of the acquisition of this loan. There is no one in MidFirst’s custody or control with any personal knowledge of this loan that would not be obtained by reviewing the documents that MidFirst produced to you. Additionally, as previously stated, MidFirst acquired this loan in a pool of approximately 50,000 loans purchased from the same servicer. Given the above-noted limits of the knowledge of MidFirst regarding the acquisition of this particular loan, MidFirst will agree to produce a witness for an additional three (3) hours of testimony, to testify only about MidFirst’s general practices when acquiring a pool of loans.2 MidFirst also asks that you provide the specific topics that you wish to cover under that broad heading, or a list of questions, so that MidFirst can ensure that it is identifying the person with the most knowledge, however limited that knowledge will be. Alternatively, if you wish to provide a list of questions, MidFirst can provide a verified response, or an affidavit regarding the general practices and procedures related to mortgage loan acquisition in lieu of a deposition. Kindly advise how you would like to proceed. Should you wish to move forward with an additional three (3) hours of deposition of MidFirst, MidFirst can make a witness available between February 23, 2021- February 25, 2021, provided that we have a list of topics that you plan to cover on or before February 17, 2021. Please let me know if any of those dates work for you. If you do not send a list of topics by February 17th, we will have to find a later date to move forward with the deposition. Finally, you complain that the MidFirst witness had no knowledge of MidFirst’s mortgage application process. As MidFirst has explained, not only did MidFirst not originate this loan, MidFirst does not engage in the business of originating mortgage loans in New York State. Thus, MidFirst’s mortgage origination practice and mortgage application process have no relevance to this case, which involves a mortgage encumbering a property in New York State, originated by another entity, well over fifteen years ago. MidFirst therefore objects to your demand for a witness with knowledge of MidFirst’s mortgage application process as overly broad, unduly burdensome, and unlikely to lead to the disclosure of admissible evidence. 2 As you likely are aware, Administrative Order 270/20, effective as of February 1, 2021, places a seven (7) hour limit on depositions. The deposition of MidFirst has already lasted over 12 hours. Therefore, MidFirst’s position is that you are not entitled to any further testimony from MidFirst. FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 MidFirst contends that, upon the production of an affidavit or a witness with knowledge of MidFirst’s general practices and procedures for purchasing mortgage loans, all relevant topics of discovery that you could obtain from MidFirst have been exhausted. To that end, MidFirst will seek a protective order barring the production of a witness on any additional topics for any additional testimony related to this action. Best, FIDELITY NATIONAL LAW GROUP By: ___________________________ Lara A. Chassin Enclosures FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000279 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000280 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000281 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000282 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000283 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 REDACTED REDACTED REDACTED REDACTED MidFirst_000284 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 MidFirst_000285 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 REDACTED REDACTED REDACTED MidFirst_000286 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 MidFirst_000287 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000288 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000289 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000290 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000291 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000292 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000293 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000294 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000295 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000296 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000297 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000298 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000299 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000300 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000301 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 DOCUMENT WITHHELD MidFirst_000302 FILED: KINGS COUNTY CLERK 04/28/2022 03:26 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 04/28/2022 Withheld log ‐ Index #75206/10 Beg Doc Number End Doc Number File Name/File Description Date Subject Issuer/Sender/Requester Recipient Items Withheld Basis for Withholding MidFirst_000279 MidFirst_000282 Verbal Employment Verification 4/20/2004 First Residential Mortgage Employment Verification including salary and bonus Contains private personal information of borrower Services Corp. information for Solmon McKenzie, tax withholding Solomon McKenzie that MidFirst is unable to information for Solomon McKenzie, Home Address for provide to third parties under the Financial Service Solomon McKenzie Modernization Act of 1999, Public Law 106‐102 113 Stat. 11338 (1999) MidFirst_000283 Copy of Social Security Card Social Security Office Solomon McKenzie's Social Security Number Contains private personal information of borrower Solomon McKenzie that MidFirst is unable to provide to third parties under the Financial Service Modernization Act of 1999, Public Law 106‐102 113 Stat. 11338 (1999) MidFirst_000288 Copy of Paycheck 2/28/2004 Island Tee Shirt Depot Solomon McKenzie Solomon McKenzie Salary Information Contains private personal information of borrower Solomon McKenzie that MidFirst is unable to provide to third parties under the Financial Service Modernization Act of 1999, Public Law 106‐102 113 Stat. 11338 (1999) MidFirst_000289 MidFirst_000299 Merged InFile Credit Report 4/15/2004 Credit Masters First Residential McKenzie Credit Report, contains Account Numbers Contains private personal information of borrower and Account Holders, Credit Hisotry, Social Security Solomon McKenzie that MidFirst is unable to Numbers, Phone Number, Home Address provide to third parties under the Financial Service Modernization Act of 1999, Public Law 106‐102 113 Stat. 11338 (1999) MidFirst_000300 MidFirst_000302 Chase Banking Statement 2/10/2004 McKenzie Account Numbers, Account Balance Contains private personal information of borrower Information, Deposit and Withdrawal Information Solomon McKenzie that MidFirst is unable to provide to third parties under the Financial Service Modernization Act of 1999, Public Law 106‐102 113 Stat. 11338 (1999)