Legal Document: Nationstar Mortgage LLC vs Thoma, John Michael, Jr

On December 02, 2013 a REQUEST FOR PRODUCTION - OF DOCUMENTS TO DEFENDANT CINDY MARY THOMA was filed involving a dispute between Nationstar Mortgage Llc, and Thoma, Cindy Mary, Thoma, John Michael, Jr, for Civil in the District Court of Hillsborough County.

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Filing # 43492034 E-Filed 07/01/2016 01:53:32 PM

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION

NATIONSTAR MORTGAGE LLC,

Plaintiff,

v. Case No. 13-CA-014646-N

JOHN MICHAEL THOMA, JR. a/k/a John M. Thoma,
Jr. a/k/a John M. Thoma;
CINDY MARY THOMA a/k/a Cindy M. Thoma a/k/a
Cindy Thoma;
UNKNOWN SPOUSE OF JOHN MICHAEL THOMA,
JR. a/k/a John M. Thoma, Jr. a/k/a John M. Thoma;
UNKNOWN SPOUSE OF CINDY MARY THOMA a/k/a
Cindy M. Thoma a/k/a Cindy Thoma;
UNKNOWN PARTIES IN POSSESSION #1, if living and
all unknown parties claiming by, through, under, and
against the above named defendant(s) who are not known
to be dead or alive, whether said unknown parties may
claim an interest as spouses, heirs, devisees, grantees,
beneficiaries or other claimants;
UNKNOWN PARTIES IN POSSESSION #2, if living and
all unknown parties claiming by, through, under, and
against the above named defendant(s) who are not known
to be dead or alive, whether said unknown parties may
claim an interest as spouses, heirs, devisees, grantees,
beneficiaries or other claimants,

Defendants.
/
NATIONSTAR MORTGAGE LLC’S
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT CINDY MARY THOMA

Nationstar Mortgage LLC, requests Defendant, Cindy Mary Thoma to serve her written

response to each request and to produce the documents requested below for inspection and

copying, within 30 days from the date of service, pursuant to Florida Rule of Civil Procedure

1.350.

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DEFINITIONS

1. "You" (possessively, "your") means Cindy Mary Thoma a/k/a Cindy M. Thoma

a/k/a Cindy Thoma, individually, and any consultants, attorneys, experts, investigators, agents or

other persons acting on behalf of any or all of you.

2. "Nationstar " means plaintiff, Nationstar Mortgage LLC, its counsel, and any of

its officers, directors, affiliates, shareholders, attorneys, consultants, experts, investigators,

agents, or other persons acting on its behalf.

3. " Bann-Cor" means Bann-Cor Mortgage, a California corporation.

4. "MERS" means Mortgage Electronic Registration Systems, Inc.

5. "Property" means the real property that secures the mortgage loan at issue

defined specifically in the Mortgage and located at 4507 Mohican Trail, Valrico, Florida 33594.

6. "Note" means the October 24, 2006 Note in the amount of $182,200.00 given by

John M. Thoma, Jr. to Bann-Cor.

7. "Mortgage" means the October 24, 2006 Mortgage in the amount of $182,200.00

given by John M. Thoma, Jr. and you, as husband and wife, to Bann-Cor, and recorded in the

official records of Hillsborough County, Florida on November 21, 2006, at Instrument

#2006550026.

8. "Loan" means the Note and Mortgage given by John M. Thoma, Jr. and you, as

husband and wife, to Bann-Cor on the Property.

9. "Person" shall mean and include a natural person, individual, partnership, firm,

corporation or any kind of business or legal entity, its agents or employees.

10. The term "documents" is used herein with its broadest possible meaning under

the Florida Rules of Civil Procedure. Documents include, but are not limited to, anything written

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(whether or not by hand), typed, dictated, printed, reproduced, stored in any form or created by

any process, and whether or not claimed to be privileged or otherwise excludable from

discovery, namely: notes; correspondence; communications of any nature; telegrams;

memoranda; notebooks of any character; summaries or records of personal conversations;

diaries; routing slips or memoranda; reports; publications; photographs; computer files

(regardless of the form or medium by which they are stored); minutes or records of meetings;

transcripts or oral testimony or statements; reports and/or summaries of interviews; reports

and/or summaries of investigations, agreements and contracts, including all modifications and/or

revisions thereof; reports and/or summaries of negotiations; court papers; brochures; pamphlets;

press releases; drafts of, revisions of drafts of, translations of any document; tape recordings;

records and dictation belts. Any document with any marks on any sheet or side thereof,

including by way of illustration only and not by way of limitation, initials, stamped indicia, any

comment or any notation of any character and not a part of the original text, or any reproduction

thereof, is to be considered a separate document for purposes of this request.

11. The terms "concern," "concerning," "relate to," relates to," "relating to," and

"in relation to" means consist of, refer to, reflect, or be in any way legally, logically, or factually

connected with the particular matter discussed.

12. The term, "including" means including but not limited to, and in no way narrows or

limits the scope of the request.

13. The term "communications" broadly means all oral, written or electronic

conversations, agreements, inquiries, discussions, statements, or replies, whether in person, by

telephone, in writing, or by means of electronic transmittal devices, and includes all

correspondence, transmittal slips, memoranda, email, internet postings, or notes.

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INSTRUCTIONS

1. In response to these requests, you are required to furnish all information and/or

documents in your possession, custody, or control, or in the possession, custody or control of your

past or present agents, attorneys, accountants, advisors, employees, or any other persons acting on

your behalf.

2. In the event that any document called for by these requests has been destroyed,

other than in the ordinary course of business, you shall identify such document and specify (i) the

date of its destruction, (ii) the reason for its destruction, (iii) the person authorizing its

destruction, and (iv) the custodian of the document immediately preceding its destruction.

3. If there are no documents in your possession, custody or control which are

responsive to a particular request, so state and identify such request.

4. When referring to a document, "identify" means that you shall set forth the general

nature of the document, the author or the originator, each addressee, all individuals designated on

the document to receive a copy or otherwise hereto have received a copy, date, titleand general

subject matter, the present custodian of each copy thereof and last known address of each such

custodian.

5. If any documents falling within any description contained in any of the following

requests is withheld under claim of privilege, you shall serve upon the undersigned attorneys a

written list of the withheld documents, including the following information as to each such item:

a) its date;
b) the name(s) of the person(s) or other entity(ies) who or which drafted,
authored or prepared it;
c) its title;
d) the name(s) of the person(s) or other entity(ies) to whom it was addressed;
e) the name(s) of each person or entity to whom the item or any copy or
reproduction thereof was ever directed, addressed, sent, delivered, mailed,
given or in any other manner disclosed; and

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f) a statement of the ground or grounds on which each such document is
considered to be privileged from production.

6. As to all computerized documents to be produced in response to these requests,

please provide them either on CD or DVD readable compact discs or portable USB "thumb"

drives containing such data/documents.

7. To the extent you object to a request or part thereof, state your objection and, with

regard to those documents to which an objection has not been raised, provide those documents

you are willing to provide without further court order.

8. This request is a continuing request. If after producing documents, you become

aware of any further documents responsive to this request, you are required to produce such

additional documents.

RELEVANT TIME PERIOD

The Relevant Time Period for which documents must be produced in response to these

requests is March 1, 2006 through and including the present, unless otherwise specified in a

particular request.

DOCUMENTS REQUESTED

1. Any documents (expressly including contracts, other written agreements, or

communications) between you and Nationstar concerning the Property or Note or Mortgage.

2. Any documents memorializing, referencing or describing any oral or written

communications, specifically including telephone calls, between you and Nationstar concerning

the Property or Note or Mortgage.

3. Any documents (expressly including contracts, other written agreements, or

communications) between you and Bann-Cor concerning the Property or Note or Mortgage.

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4. Any documents memorializing, referencing or describing any oral or written

communications, specifically including telephone calls, between you and Bann-Cor concerning

the Property or Note or Mortgage.

5. Any documents (expressly including contracts, other written agreements, or

communications) between you and MERS concerning the Property or Note or Mortgage.

6. Any documents memorializing, referencing or describing any oral or written

communications, specifically including telephone calls, between you and MERS concerning the

Property or Note or Mortgage.

7. Any documents (expressly including contracts, other written agreements, or

communications) between you and any third party, concerning the Property or Note or Mortgage.

8. Any documents memorializing, referencing or describing any oral or written

communications, specifically including telephone calls, between you and any third party

concerning the Property or Note or Mortgage.

9. All documents provided by or obtained from any title insurance company

involved in this mortgage loan transaction concerning the Property.

10. All documents relating to this loan that you provided to: (a) Nationstar; (b) Bann-

Cor; (c) MERS; (d) any title insurance company(ies); (e) any settlement agent; (f) any mortgage

broker(s); and (g) any real estate agent.

11. All documents that you filled out, prepared or signed in connection with the Loan.

12. All communications between you and any closing agent relating to the Loan

(including any employees, agents or representatives of the closing or title agent).

13. Any documents (including communications) between you and any mortgage

broker(s) relating to the Loan or the Property.

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14. All documents reflecting monthly payments of the Loan, including, but not

limited to, bank statements, cancelled checks, receipts, account ledgers, mortgage coupons, etc.

15. To the extent not provided in response to a prior request, all bank statements

showing payments made on the Loan.

16. To the extent not provided in response to a prior request, all cancelled checks

showing payments made on the Loan.

17. To the extent not provided in response to a prior request, all receipts showing

payments made on the Loan.

18. To the extent not provided in response to a prior request, all account ledgers

showing payments made on the Loan.

19. To the extent not provided in response to a prior request, all mortgage coupons

showing payments made on the Loan.

20. All documents reflecting any real property tax and/or insurance escrow account

payments concerning the Property.

21. Copies of all cancelled checks, bank statements, financial institution statements,

receipts or other documents that evidence or reflect payments of property taxes, hazard insurance

or flood insurance for the Property made by you or any other person.

22. Copies of all insurance policies pertaining to the Property.

23. All documents reflecting communication of any kind between you and an

insurance company or insurance agent relating to the Property.

24. Any contracts or other written agreements between you and Nationstar.

25. Any contracts or other written agreements between you and Bann-Cor.

26. Any contracts or other written agreements between you and MERS.

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27. All preliminary or final disclosure documents (specifically including, but not

limited to, disclosures pursuant to the Real Estate Settlement Procedures Act or the Truth in

Lending Act) given to you by any person or company in connection with the Loan.

28. All preliminary or final "good faith estimates" given to you before or at the Loan

closing.

29. The HUD-1 settlement statement prepared or delivered at the closing of the Loan.

30. Any preliminary or draft HUD-1 settlement statements prepared or delivered to

you at or prior to the closing of the Loan.

31. Any documents (expressly including communications) between you and any

person concerning the Loan and/or Note.

32. Any documents memorializing, referencing or describing communications

between you and any person concerning the Loan and/or Note.

33. Any documents (expressly including communications) between you and any

person relating to a failure by you to perform any contractual obligations created by the Loan

and/or Note.

34. Any documents memorializing, referencing or describing communications

between you and any person relating to any failure by you to perform any of the contractual

obligations created by the Loan and/or Note.

35. All documents you have provided to or received from any auditor, expert witness,

consultant, investigator, or other agent, and any report or document prepared, authored or drafted by

such expert witness, consultant, investigator or agent concerning or relating, in any respect, to any

of the allegations or claims in the lawsuit.

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36. All witness statements, affidavits, opinions or similar documents that your

attorney(s) have obtained in connection with this lawsuit.

37. Any documents you have provided to or received from any non-lawyer credit

restoration or foreclosure assistance company.

38. Any documents evidencing payment (i.e., cancelled checks, bank statements,

money grams, wire transfers, etc.) to any non-lawyer credit restoration or foreclosure assistance

company.

39. Any documents (expressly including communications) notifying you that the

Loan was in default or payments were not made when due.

40. Any proposed or agreed repayment plans and/or forbearance agreements between

you and any lender or servicing agent relating to the Loan.

41. All documents reflecting correspondence of any kind with any lender or servicing

agent regarding modification or loss mitigation for this Loan.

42. Any and all documents reflecting or supporting the allegation as alleged in your

First Affirmative Defense that Plaintiff induced you to default by representing that a loan

modification or short sale was impossible without being in default, and later refused to grant the

modification or short sale after you defaulted.

43. Any and all documents reflecting or supporting the allegation as alleged in your

Second Affirmative Defense that Plaintiff and its predecessor failed to consider you for a loan

modification or other "work out" and Plaintiff failed to diligently prosecute this case.

44. Any and all documents reflecting or supporting the allegation as alleged in your

Third Affirmative Defense that Plaintiff lacked standing to bring the instant lawsuit and at

inception.

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45. Any and all documents reflecting or supporting the allegation as alleged in your

Fourth Affirmative Defense that Plaintiff failed plead sufficient facts in paragraph 5 of its

complaint.

46. Any and all documents reflecting or supporting the allegation as alleged in your

Fifth Affirmative Defense that it would be unconscionable for Plaintiff to recover a deficiency.

47. Any and all documents reflecting or supporting the allegation as alleged in your

Sixth Affirmative Defense that Plaintiff should not be permitted to charge late fees, accelerate

the unpaid balance based on late fees, or recoup interest, late charges or any other cost/expense

associated with Plaintiff's failure to prosecute this case, since it regularly accepted late payments.

48. Any and all documents reflecting or supporting the allegation as alleged in your

Seventh Affirmative Defense that Plaintiff represented that in order to be considered for a loan

modification or short sale you needed to be in default, and later refused to grant the modification

or short after default.

49. Any and all documents reflecting or supporting the allegation as alleged in your

Eighth Affirmative Defense that Plaintiff and itsagents called you repeatedly in an attempt to

collect this debt, often at odd hours of the day, despite knowing you were represented by

counsel.

50. Any and all documents reflecting or supporting the allegation as alleged in your

Ninth Affirmative Defense that Plaintiff's complaint verification is invalid.

51. Any and all documents reflecting or supporting the allegation as alleged in your

Tenth Affirmative Defense that Plaintiff failed to properly notify you of the change in servicer.

52. Any and all documents reflecting or supporting the allegation as alleged in your

Eleventh Affirmative Defense that Plaintiff's claims are barred by the statute of limitations.

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53. Any and all documents reflecting or supporting the allegation as alleged in your

Twelfth Affirmative Defense that Plaintiff failed to give timely and adequate written notice of

assignment.

54. Any and all documents reflecting or supporting the allegation as alleged in your

Thirteenth Affirmative Defense that Plaintiff failed to show the acknowledgment of power,

acceptance of responsibility and retention of control over the actions, necessary to prove an

agency relationship.

55. Any and all documents reflecting or relating to any damages you claim to have

suffered as a result of any purported wrongful actions of Nationstar.

56. Any and all documents reflecting or relating to any damages you claim to have

suffered as a result of any purported wrongful actions of Bann-Cor.

57. Any and all documents reflecting or relating to any damages you claim to have

suffered as a result of any purported wrongful actions of MERS.

58. Any and all documents supporting the allegation contained in paragraphs four and

twelve of your answer that Nationstar, failed to provide documentation and contact information

for the mortgage insurance companies insuring your loan.

Respectfully submitted,

Date: July 1, 2016 AKERMAN LLP

By:/s/ Leslie K. Schultz-Kin
HEATHER L. FESNAK
Florida Bar No. 85884
Primary e-mail: heather.fesnak@akerman.com
Secondary e-mail: marykay.siegel@akerman.com
LESLIE K. SCHULTZ-KIN
Florida Bar No. 230080
Primary e-mail: leslie.schultz-kin@akerman.com
Secondary e-mail: marykay.siegel@akerman.com
401 E. Jackson Street, Suite 1700

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Tampa, FL 33602-5250
Telephone: 813-223-7333
Facsimile: 813-223-2837
-and-
WILLIAM P. HELLER
Florida Bar No. 987263
Primary e-mail: william.heller@akerman.com
Secondary e-mail: lorraine.corsaro@akerman.com
Las Olas Centre II, Suite 1600
350 East Las Olas Blvd.
Fort Lauderdale, Florida 33301-2229
Telephone: 954-463-2700
Facsimile: 954-463-2224

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 1st day of July, 2016, a true and correct copy of the
foregoing was served by E-mail to: Mark P. Stopa, Esquire, Stopa Law Firm, 2202 N.
Westshore Boulevard, Suite 200, Tampa, FL 33607, foreclosurepleadings@stopalawfirm.com
(Counsel for John and Cindy Thoma); and Julee K. Vance, Esquire, Shapiro, Fishman &
Gaché, LLP, 4630 Woodland Corporate Boulevard, Suite 100, Tampa, FL 33614,
SFGTampaService@logs.com (Co-Counsel for Nationstar); and by U.S. Mail to: Brenda Rhea
f/k/a Unknown Party #2, 4507 Mohican Trail, Valrico, FL 33594.

/s/ Leslie K. Schultz-Kin
Attorney

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Case Info

Judge

Nielsen, A. Richard Track Judge’s New Case

Case No.

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Document Filed Date

July 01, 2016

Case Filing Date

December 02, 2013

County

Parties

Nationstar Mortgage LLC Plaintiff
Thoma, Cindy Mary Defendant
Thoma, John Michael, Jr Defendant
Mark Stopa Attorneys for Plaintiffs
Julee Vance Attorneys for Defendants
Heather Fesnak Attorneys for Plaintiffs
William Heller Attorneys for Plaintiffs
Jason Clark Attorneys for Defendants
Laura Sheehan Attorneys for Plaintiffs
Helen Skala Attorneys for Plaintiffs
Kathryn Hoeck Attorneys for Plaintiffs

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Document for Nationstar Mortgage LLC vs Thoma, John Michael, Jr

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