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Filing # 34849299 E-Filed 11/24/2015 03:58:04 PM
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO.: CACE15012974 (11)
WELLS FARGO BANK, NA,
Plaintiff,
vs.
GEORGE T. GOODMAN AND IRMA
OLIVARES, et. al.
Defendants.
/
DEFENDANT'S REQUEST FOR ADMISSIONS
COME NOW the Defendants, GEORGE T. GOODMAN AND IRMA OLIVARES, by
and through undersigned legal counsel and pursuant to Florida Rule of Civil Procedure 1.370,
and request Plaintiff, WELLS FARGO BANK, NA (“WELLS FARGO BANK, NA”), to admit
in writing the truth of the matters set forth below on or before the thirtieth (30th) day after
service of this Request for Admissions.
In the event that any request is denied in whole or in part, you should set forth the reasons
for such denial and identify the persons having knowledge thereof and the documents relating
thereto.
DEFINITIONS
A. “You” or “Your” means WELLS FARGO BANK, NA, its agents, employees,
attorneys, servants, predecessors and/or successors in interest and all others acting on its behalf.
B. “Debtor/Defendant” means, the Defendants, GEORGE T. GOODMAN AND
IRMA OLIVARES, propounding this discovery, and any other named Defendant in this lawsuit.
Cc. “Original Mortgage Note" means the Promissory Note described in the
Complaint.
** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/24/2015 3:58:04 PM.****DEFENDANT GEORGE T. GOODMAN AND IRMA OLIVARES’S REQUEST FOR
ADMISSIONS
1. Admit that WELLS FARGO BANK, NA Mortgage Corporation has no standing
to initiate foreclosure proceedings against GEORGE T. GOODMAN AND IRMA OLIVARES.
2. Admit that the Mortgage Note, attached to Plaintiff's Complaint, is an exact and
authentic copy of the original.
3. Admit that the Plaintiff is not the lender named in the original Mortgage Note that
is the subject of this case.
4, Admit that the original lender has not transferred possession of the original
Mortgage Note or any rights thereunder to Plaintiff.
5, Admit that Plaintiff is not in possession of the original Mortgage Note.
6. Admit that Plaintiff is not the holder of the original Mortgage Note.
7 Admit that Plaintiff is not the owner of the original Mortgage Note.
8. Admit that Plaintiff did not have actual physical possession of the original
Mortgage Note prior to filing the foreclosure Complaint in this case.
9. Admit that WORLD SAVINGS BANK, FSB did not retain or authorize Aldridge
Pite, LLP to commence the above-captioned action against GEORGE T. GOODMAN AND
IRMA OLIVARES or any other defendant relating to the Subject Property.
10. Admit that the alleged copy of the Promissory Note attached to the named
Plaintiff's complaint includes no Allonge showing any Assignment to named Plaintiff, WELLS
FARGO BANK, NA.
11, Admit that no paper showing any Assignment of the Promissory Note in this
instant case to named plaintiff WELLS FARGO BANK, NA ever existed.
12, Admit that your company's disclosed claimed holder in due course of the
monetary instrument, deed of trust, and/or asset is holding such Note in compliance with State
and Federal law and is actually entitled to the benefits of payments.
13. Admit that the original Mortgage Note has not been lost or destroyed.
14. Admit that the original Mortgage Note in this case is part of a securitized trust
composed of more than one Mortgage loan.
15. Admit that WORLD SAVINGS BANK, FSB has assigned the Promissory Note
and Mortgage to a third party.
FC-772068 2 CACE15012974 (11)16. Admit that Signer did not have authority to convey by Assignment, the subject
Mortgage from WORLD SAVINGS BANK, FSB to WELLS FARGO BANK, NA.
17. Admit or deny that signer did not have a valid Power of Attorney from WORLD
SAVINGS BANK, FSB authorizing him/her to convey the subject Mortgage by Assignment to
WELLS FARGO BANK, NA.
18. Admit or deny that signer is not an officer or employee of WORLD SAVINGS
BANK, FSB.
19. | Admit or deny that the Assignment purporting to convey the subject Mortgage
and Promissory Note in the instant action was signed and executed after the filing of the
complaint and commencement of this action.
CERTIFICATE OF SERVICE
TI HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded
electronic mail, on this 14 day of November 2015, to (servicemail@aldridgepite.com; DEF
AMTRUST BANK: notice@kahaneandassociates.com): Gweneth M. Brimm, Esq., Aldridge
Pite, LLP, 1615 South Congress Avenue, Delray Beach, Florida 33445. Fax: (561)392-6965.
LOAN LAWYERS, LLC
Attorneys for Defendants
2150 S. Andrews Ave, 2™’ Floor
Fort Lauderdale, FL 33316
Telephone: (954) 523-4357
Facsimile: (954) 581-2786
mn SY
LAURA L. HOY, ESQ.
FBN 059025
x SONJA-LUCIENNE CAJUSTE, ESQ.
FBN 102983
MICHAEL A. CITRON, ESQ.
FBN 105083
MATIS H. ABARBANEL, ESQ.
FBN 130435
MATTHEW D. BAVARO ESQ.
FBN 175821
FC-772068 3 CACE1I5012974 (11)
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Filing # 34849299 E-Filed 11/24/2015 03:58:04 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE15012974 (11) WELLS FARGO BANK, NA, Plaintiff, vs. GEORGE T. GOODMAN AND IRMA OLIVARES, et. al. Defendants. / DEFENDANT'S REQUEST FOR ADMISSIONS COME NOW the Defendants, GEORGE T. GOODMAN AND IRMA OLIVARES, by and through undersigned legal counsel and pursuant to Florida Rule of Civil Procedure 1.370, and request Plaintiff, WELLS FARGO BANK, NA (“WELLS FARGO BANK, NA”), to admit in writing the truth of the matters set forth below on or before the thirtieth (30th) day after service of this Request for Admissions. In the event that any request is denied in whole or in part, you should set forth the reasons for such denial and identify the persons having knowledge thereof and the documents relating thereto. DEFINITIONS A. “You” or “Your” means WELLS FARGO BANK, NA, its agents, employees, attorneys, servants, predecessors and/or successors in interest and all others acting on its behalf. B. “Debtor/Defendant” means, the Defendants, GEORGE T. GOODMAN AND IRMA OLIVARES, propounding this discovery, and any other named Defendant in this lawsuit. Cc. “Original Mortgage Note" means the Promissory Note described in the Complaint. ** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 11/24/2015 3:58:04 PM.****DEFENDANT GEORGE T. GOODMAN AND IRMA OLIVARES’S REQUEST FOR ADMISSIONS 1. Admit that WELLS FARGO BANK, NA Mortgage Corporation has no standing to initiate foreclosure proceedings against GEORGE T. GOODMAN AND IRMA OLIVARES. 2. Admit that the Mortgage Note, attached to Plaintiff's Complaint, is an exact and authentic copy of the original. 3. Admit that the Plaintiff is not the lender named in the original Mortgage Note that is the subject of this case. 4, Admit that the original lender has not transferred possession of the original Mortgage Note or any rights thereunder to Plaintiff. 5, Admit that Plaintiff is not in possession of the original Mortgage Note. 6. Admit that Plaintiff is not the holder of the original Mortgage Note. 7 Admit that Plaintiff is not the owner of the original Mortgage Note. 8. Admit that Plaintiff did not have actual physical possession of the original Mortgage Note prior to filing the foreclosure Complaint in this case. 9. Admit that WORLD SAVINGS BANK, FSB did not retain or authorize Aldridge Pite, LLP to commence the above-captioned action against GEORGE T. GOODMAN AND IRMA OLIVARES or any other defendant relating to the Subject Property. 10. Admit that the alleged copy of the Promissory Note attached to the named Plaintiff's complaint includes no Allonge showing any Assignment to named Plaintiff, WELLS FARGO BANK, NA. 11, Admit that no paper showing any Assignment of the Promissory Note in this instant case to named plaintiff WELLS FARGO BANK, NA ever existed. 12, Admit that your company's disclosed claimed holder in due course of the monetary instrument, deed of trust, and/or asset is holding such Note in compliance with State and Federal law and is actually entitled to the benefits of payments. 13. Admit that the original Mortgage Note has not been lost or destroyed. 14. Admit that the original Mortgage Note in this case is part of a securitized trust composed of more than one Mortgage loan. 15. Admit that WORLD SAVINGS BANK, FSB has assigned the Promissory Note and Mortgage to a third party. FC-772068 2 CACE15012974 (11)16. Admit that Signer did not have authority to convey by Assignment, the subject Mortgage from WORLD SAVINGS BANK, FSB to WELLS FARGO BANK, NA. 17. Admit or deny that signer did not have a valid Power of Attorney from WORLD SAVINGS BANK, FSB authorizing him/her to convey the subject Mortgage by Assignment to WELLS FARGO BANK, NA. 18. Admit or deny that signer is not an officer or employee of WORLD SAVINGS BANK, FSB. 19. | Admit or deny that the Assignment purporting to convey the subject Mortgage and Promissory Note in the instant action was signed and executed after the filing of the complaint and commencement of this action. CERTIFICATE OF SERVICE TI HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded electronic mail, on this 14 day of November 2015, to (servicemail@aldridgepite.com; DEF AMTRUST BANK: notice@kahaneandassociates.com): Gweneth M. Brimm, Esq., Aldridge Pite, LLP, 1615 South Congress Avenue, Delray Beach, Florida 33445. Fax: (561)392-6965. LOAN LAWYERS, LLC Attorneys for Defendants 2150 S. Andrews Ave, 2™’ Floor Fort Lauderdale, FL 33316 Telephone: (954) 523-4357 Facsimile: (954) 581-2786 mn SY LAURA L. HOY, ESQ. FBN 059025 x SONJA-LUCIENNE CAJUSTE, ESQ. FBN 102983 MICHAEL A. CITRON, ESQ. FBN 105083 MATIS H. ABARBANEL, ESQ. FBN 130435 MATTHEW D. BAVARO ESQ. FBN 175821 FC-772068 3 CACE1I5012974 (11)