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Filing # 181358382 E-Filed 09/07/2023 06:50:51 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
WELLS FARGO BANK, N.A, Case No.: 2023 CA 003228 MF
Plaintiff,
vs.
RAMON CARTAGENA; ET AL.
Defendant(s).
______________________________________/
REQUEST FOR PRODUCTION OF DOCUMENTS
Defendants, Ramon Cartagena and Unknown Party #1 N/K/A Tommy Cartagena, by and
through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.350, serves the
following Request For Production of Documents to Plaintiff and requests the documents for
inspection and copying at the offices of Vanstone Law Firm, 2100 Constitution Blvd., Suite 116,
Sarasota, FL within 30 days.
DEFINITIONS
A. The term "Plaintiff" means the Plaintiff named herein, including its agents,
employees, attorneys, expert witnesses, auditors, and all other persons over whom it has control
or authority or who have been hired, retained or employed for any purpose by it.
B. The term "document" or "documents" includes, without limitation, any written,
printed, typed, recorded or graphic matter of every type and description, all writings, letters,
papers, minutes, bulletins, correspondence, emails, telegrams, cablegrams, facsimiles,
memoranda, notes, diaries, logs, instructions, literature, work assignments, schedules, notebooks,
records, agreements, affidavits, statements, contracts, notations of telephone or personal
conversations or conferences, address books, interoffice communications, receipts, tabulations,
vouchers, accounts, microfilm, circulars, pamphlets, advertisements, catalogues, studies, abstracts,
notices, summaries, reports, books, invoices, checks, bills, graphs, photographs, slides, drawings,
motion pictures, videotapes, photographic matter or sound reproduction, any data compilation
maintained on electronic data processing equipment and any printouts or other reproductions of
such data compilations, computer data sheets, computer data compilations, work sheets, calendars,
statistics, speeches and other writings, tape recordings, transcripts of tape recordings, phonograph
records, data compilations from which information can be obtained or can be translated through
detection into reasonably usable form, or any other tangible thing from which information or
knowledge can be obtained.
C. The term “promissory note” or the word “note” means the promissory note
described in the Complaint.
D. The term “mortgage” means the mortgage described in the Complaint.
E. The term "relating to" means concerning, respecting, referring to, relevant to,
summarizing, digesting, documenting, recording, noting, containing, embodying, reflecting,
identifying, establishing, tending to establish, evidencing, supporting, compromising, connected
with, commonly known as, responding to, agreeing or disagreeing with, showing, describing,
discussing, mentioning, analyzing, representing, constituting or including.
F. The term "communication" means any contact, oral or written, formal or informal,
whether in person, in writing, by telephone, or by any other method, whereby knowledge, facts, or
information was imparted from one person or entity to another or to a file. It shall include, without
limitation, information sent or received by Plaintiff.
G. The terms "and" and "or" shall be construed conjunctively or disjunctively, as
necessary, to make the request inclusive rather than exclusive.
H. The term “collateral file” means and/or refers to any and all files that contain any
and all original loan documents, including, but not limited to, an original signed note or loan
agreement, signed and recorded mortgage or deed of trust, final title policy, and riders signed by
borrower(s).
I. Unless stated otherwise herein, Defendants will utilize the same definitions and
terminology as used in Plaintiff’s Complaint.
INSTRUCTIONS
A. Your response to this request for production shall include all documents and
information within your possession, custody or control, including, but not limited to, documents
and information in the possession, custody or control of any of your employees, accountants,
consultants, attorneys, or other agents or representatives.
B. The documents produced for inspection pursuant to this request shall be produced
either as they are kept in the usual course of business by you or you shall organize and label the
documents to correspond with the individually numbered categories of this request.
C. If your response to any request herein is that the documents are not in your
possession or custody, please describe in detail the efforts you made to locate the records.
D. In the event that more than one copy of a document exists, a copy of the original
shall be produced, as well as every copy on which appears any notation or marking of any sort not
appearing on the original.
E. Unless otherwise specified, the time period covered by this request shall be from
the inception of the subject Mortgage to the filing of this action.
F. If your response to any request herein is that the documents are considered
privileged, please submit any itemized privilege log; the failure to attach such a log will be
considered waiver of the privilege.
G. If your response to any request herein is that the documents are overly broad or
unnecessarily burdensome, please qualify your answer in some quantitative fashion such as the
volume of the documents or the number of man-hours required for production.
H. These requests are continuing in nature and effect to the extent provided in the
applicable rules and requires supplementary production concerning any documents falling within
the scope of these requests that may come into the knowledge, custody, control or possession of
Plaintiff, subsequent to its response hereto.
DOCUMENTS TO PRODUCE
1. Copies of all receipts for payments made by and/or received by the Plaintiff concerning the
Note and Mortgage that are the subject of this foreclosure action, and
A. Produce the account history and general ledger of each contract Plaintiff
alleges that Defendant has with Plaintiff and is the subject of this lawsuit.
B. Copies of all billing and accounting records pertaining to the imposition of
all fees against the Defendant/Borrower, including servicing and legal
fees.
C. Copies of any document evidencing debits or credits to or from the
Defendant’s account, including but not limited to, cancelled checks,
money orders, or any other transactions related to the account.
D. Copies of invoices and/or receipts for any and all disbursements/payments
including but not limited to inspection fees; insurance premiums; lawn
care fees; property preservation fees; title search fees; recording fees; or
other miscellaneous fees, in connection with the Mortgage, for which
Plaintiff is seeking reimbursement from Defendants in this action.
2. All documents contained in the collateral file, including but not limited to:
A. Any and all Good Faith Estimates
B. Any and all Truth in Lending Disclosure Statements
C. Any and all United States Department of Housing and Urban Development
Settlement Statements (HUD 1).
3. All contracts between Plaintiff and any entity or person responsible for servicing the
Mortgage and/or Note.
4. Any and all documents pertaining in any way to any determination of the value of the
premises, including, but not limited to, appraisal reports, Broker Price Opinions, and /or
inspections of the property.
5. Copies of the Letter(s) of Default and/or Notice(s) of Intent to Accelerate including any
proof(s) of mailing for each.
6. All disclosures provided to Defendants are required by state and federal law(s) including,
but not limited to, those required by the Real Estate Settlement Procedure Act and the National
Housing Act.
7. Any and all documentation pertaining to any loan modification of the subject mortgage and
original loan, if applicable.
8. Please provide a copy of the correspondence that Plaintiff was required to send.
9. Please provide all documents and servicing notes that indicate that Plaintiff complied with
the subject Mortgage prior to commencing this action.
10. All documents that show the Plaintiff’s effort with respect to the subject loan to comply
with the applicable servicing guidelines including any servicing notes.
11. All documents supporting the allegations in the Complaint that all conditions precedent to
the acceleration of this mortgage, note, and loan modification and to foreclosure of the mortgage
and loan modification have occurred, been satisfied, or been waived.
12. All reports of experts which Plaintiff intends to rely on at trial or at any motion or other
hearing in this cause.
13. All exhibits Plaintiff intends to introduce as evidence at the trial or at any motion or other
hearing in this cause.
14. All documents supporting the allegations in the Complaint and any other filings related to
this case.
15. Copy of the call servicing log
CERTIFICATE OF SERVICE
I certify that a copy of this document was electronically served via the Florida
Courts E-Filing Portal to Charlene Calhoun, Abertelli Law, servealaw@albertellilaw.com this 7th
day of September 2023.
Respectfully submitted,
By: /s/ Ayana Cruz
AYANA CRUZ, Esquire
Florida Bar No.: 39096
VANSTONE LAW FIRM, LLC
2100 Constitution Blvd., Suite 116
Sarasota, Florida 34231
Tel.: (941) 621-6220
Fax: (941) 217-8291
acruz@vanstonelaw.com
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Filing # 181358382 E-Filed 09/07/2023 06:50:51 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA WELLS FARGO BANK, N.A, Case No.: 2023 CA 003228 MF Plaintiff, vs. RAMON CARTAGENA; ET AL. Defendant(s). ______________________________________/ REQUEST FOR PRODUCTION OF DOCUMENTS Defendants, Ramon Cartagena and Unknown Party #1 N/K/A Tommy Cartagena, by and through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.350, serves the following Request For Production of Documents to Plaintiff and requests the documents for inspection and copying at the offices of Vanstone Law Firm, 2100 Constitution Blvd., Suite 116, Sarasota, FL within 30 days. DEFINITIONS A. The term "Plaintiff" means the Plaintiff named herein, including its agents, employees, attorneys, expert witnesses, auditors, and all other persons over whom it has control or authority or who have been hired, retained or employed for any purpose by it. B. The term "document" or "documents" includes, without limitation, any written, printed, typed, recorded or graphic matter of every type and description, all writings, letters, papers, minutes, bulletins, correspondence, emails, telegrams, cablegrams, facsimiles, memoranda, notes, diaries, logs, instructions, literature, work assignments, schedules, notebooks, records, agreements, affidavits, statements, contracts, notations of telephone or personal conversations or conferences, address books, interoffice communications, receipts, tabulations, vouchers, accounts, microfilm, circulars, pamphlets, advertisements, catalogues, studies, abstracts, notices, summaries, reports, books, invoices, checks, bills, graphs, photographs, slides, drawings, motion pictures, videotapes, photographic matter or sound reproduction, any data compilation maintained on electronic data processing equipment and any printouts or other reproductions of such data compilations, computer data sheets, computer data compilations, work sheets, calendars, statistics, speeches and other writings, tape recordings, transcripts of tape recordings, phonograph records, data compilations from which information can be obtained or can be translated through detection into reasonably usable form, or any other tangible thing from which information or knowledge can be obtained. C. The term “promissory note” or the word “note” means the promissory note described in the Complaint. D. The term “mortgage” means the mortgage described in the Complaint. E. The term "relating to" means concerning, respecting, referring to, relevant to, summarizing, digesting, documenting, recording, noting, containing, embodying, reflecting, identifying, establishing, tending to establish, evidencing, supporting, compromising, connected with, commonly known as, responding to, agreeing or disagreeing with, showing, describing, discussing, mentioning, analyzing, representing, constituting or including. F. The term "communication" means any contact, oral or written, formal or informal, whether in person, in writing, by telephone, or by any other method, whereby knowledge, facts, or information was imparted from one person or entity to another or to a file. It shall include, without limitation, information sent or received by Plaintiff. G. The terms "and" and "or" shall be construed conjunctively or disjunctively, as necessary, to make the request inclusive rather than exclusive. H. The term “collateral file” means and/or refers to any and all files that contain any and all original loan documents, including, but not limited to, an original signed note or loan agreement, signed and recorded mortgage or deed of trust, final title policy, and riders signed by borrower(s). I. Unless stated otherwise herein, Defendants will utilize the same definitions and terminology as used in Plaintiff’s Complaint. INSTRUCTIONS A. Your response to this request for production shall include all documents and information within your possession, custody or control, including, but not limited to, documents and information in the possession, custody or control of any of your employees, accountants, consultants, attorneys, or other agents or representatives. B. The documents produced for inspection pursuant to this request shall be produced either as they are kept in the usual course of business by you or you shall organize and label the documents to correspond with the individually numbered categories of this request. C. If your response to any request herein is that the documents are not in your possession or custody, please describe in detail the efforts you made to locate the records. D. In the event that more than one copy of a document exists, a copy of the original shall be produced, as well as every copy on which appears any notation or marking of any sort not appearing on the original. E. Unless otherwise specified, the time period covered by this request shall be from the inception of the subject Mortgage to the filing of this action. F. If your response to any request herein is that the documents are considered privileged, please submit any itemized privilege log; the failure to attach such a log will be considered waiver of the privilege. G. If your response to any request herein is that the documents are overly broad or unnecessarily burdensome, please qualify your answer in some quantitative fashion such as the volume of the documents or the number of man-hours required for production. H. These requests are continuing in nature and effect to the extent provided in the applicable rules and requires supplementary production concerning any documents falling within the scope of these requests that may come into the knowledge, custody, control or possession of Plaintiff, subsequent to its response hereto. DOCUMENTS TO PRODUCE 1. Copies of all receipts for payments made by and/or received by the Plaintiff concerning the Note and Mortgage that are the subject of this foreclosure action, and A. Produce the account history and general ledger of each contract Plaintiff alleges that Defendant has with Plaintiff and is the subject of this lawsuit. B. Copies of all billing and accounting records pertaining to the imposition of all fees against the Defendant/Borrower, including servicing and legal fees. C. Copies of any document evidencing debits or credits to or from the Defendant’s account, including but not limited to, cancelled checks, money orders, or any other transactions related to the account. D. Copies of invoices and/or receipts for any and all disbursements/payments including but not limited to inspection fees; insurance premiums; lawn care fees; property preservation fees; title search fees; recording fees; or other miscellaneous fees, in connection with the Mortgage, for which Plaintiff is seeking reimbursement from Defendants in this action. 2. All documents contained in the collateral file, including but not limited to: A. Any and all Good Faith Estimates B. Any and all Truth in Lending Disclosure Statements C. Any and all United States Department of Housing and Urban Development Settlement Statements (HUD 1). 3. All contracts between Plaintiff and any entity or person responsible for servicing the Mortgage and/or Note. 4. Any and all documents pertaining in any way to any determination of the value of the premises, including, but not limited to, appraisal reports, Broker Price Opinions, and /or inspections of the property. 5. Copies of the Letter(s) of Default and/or Notice(s) of Intent to Accelerate including any proof(s) of mailing for each. 6. All disclosures provided to Defendants are required by state and federal law(s) including, but not limited to, those required by the Real Estate Settlement Procedure Act and the National Housing Act. 7. Any and all documentation pertaining to any loan modification of the subject mortgage and original loan, if applicable. 8. Please provide a copy of the correspondence that Plaintiff was required to send. 9. Please provide all documents and servicing notes that indicate that Plaintiff complied with the subject Mortgage prior to commencing this action. 10. All documents that show the Plaintiff’s effort with respect to the subject loan to comply with the applicable servicing guidelines including any servicing notes. 11. All documents supporting the allegations in the Complaint that all conditions precedent to the acceleration of this mortgage, note, and loan modification and to foreclosure of the mortgage and loan modification have occurred, been satisfied, or been waived. 12. All reports of experts which Plaintiff intends to rely on at trial or at any motion or other hearing in this cause. 13. All exhibits Plaintiff intends to introduce as evidence at the trial or at any motion or other hearing in this cause. 14. All documents supporting the allegations in the Complaint and any other filings related to this case. 15. Copy of the call servicing log CERTIFICATE OF SERVICE I certify that a copy of this document was electronically served via the Florida Courts E-Filing Portal to Charlene Calhoun, Abertelli Law, servealaw@albertellilaw.com this 7th day of September 2023. Respectfully submitted, By: /s/ Ayana Cruz AYANA CRUZ, Esquire Florida Bar No.: 39096 VANSTONE LAW FIRM, LLC 2100 Constitution Blvd., Suite 116 Sarasota, Florida 34231 Tel.: (941) 621-6220 Fax: (941) 217-8291 acruz@vanstonelaw.com