Discovery Package Newhanoka2811

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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Index #: 130045/11
HSBC MORTGAGE CORPORATION (USA)
2929 Walden Avenue
Depew, NY 14043,
Plaintiff, NOTICE TO TAKE
DEPOSITION UPON
ORAL EXAMINATION
AND INSPECTION
-- against--
MOSHE HANOKA, SYLVIA HANOKA, BANK

OF AMERICA, NA, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, NEW YORK
CITY PARKING VIOLATIONS BUREAU, NEW
YORK CITY TRANSIT ADJUDICATION BUREAU,
JOHN DOE (Said name being fictitious,
it being the intention of Plaintiff to
designate any and all occupants of
premises being foreclosed, and
any parties, corporations or entities,
if any, having or claiming an interest
or lien upon the mortgaged premises.)
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules
the testimony, upon oral examination, of an officer, director, member or employee of Defendant(s)
having sufficient knowledge of the material facts under inquiry as an adverse party will be taken
before a Notary Public who is not an attorney, or an employee of an attorney, for any party or
prospective party herein and is not a person who would be disqualified to act as a juror because of
interest or because of consanguinity or affinity to any party herein, at: 7504 Fifth Avenue,
Brooklyn, NY 11209 on February 23, 2011 at 10:00 o'clock in the forenoon of that day with respect
to evidence material and necessary in the prosecution of this action:
All of the relevant facts and circumstances in connection with this action.
That the said person to be examined is required to produce at such examination the
following: assignment of mortgage and note to Fannie Mae, copy of authority
allowing HSBC to foreclose on loan.
Dated: Brooklyn, New York

February 8, 2011
Derrick Hanna, Esq.
Hanna & Vlahakis
Attorney for Defendant
7404 Fifth Avenue
Brooklyn, N.Y. 11209
800-773-7867
To: Patricia M. Esdinsky, Esq.

Steven J. Baum, P.C.
Attorney for Plaintiff
220 Northpointe Parkway, Suite G
Amherst, New York 14228
716-204-2400
COUNTY OF RICHMOND
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Index #: 131664/10
DEUTSCHE BANK NATIONAL TRUST COMPANY
AMERICAS AS INDENTURE TRUSTEE FOR THE
REGISTERED HOLDERS OF SAXON ASSET
SECURITIES TRUST 2006-3 MORTGAGE LOAN
ASSET BACKED NOTES, SERIES 2006-3,
Plaintiff, REQUEST FOR
DISCOVERY OF EXPERT
WITNESS NFORMATION
--against—
SALVATORE V. PERRONE, MARIA F. SALERNO,

BANK OF AMERICA, N.A., et al.,
Defendants.
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REQUEST FOR DISCOVERY OF EXPERT WITNESS NFORMATION
COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to CPLR 3101(d), defendant is hereby requested to
furnish to the undersigned at 7504 Fifth Avenue, Brooklyn, NY 11209, the following information
with respect to each person whom the defendant expects to call as an expert witness at trial, by
March 16, 2011 hereof:
1. State the name and address of each and every expert retained or employed by you in
anticipation of this litigation or in preparation therefor or for trial who you expect to call as a
witness at the trial and provide the background information that is required pursuant to CPLR
3101(d).
2. This demand is a continuing demand and defendants are required to provide the
information requested above when and if experts or additional experts are retained or employed.
Plaintiff will object to the testimony of any expert witness as to whom the information requested is
not provided when obtained by the defendants.

February 2, 2011
Derrick Hanna, Esq.

Hanna & Vlahakis
7404 Fifth Avenue
800-773-7867
To: The Dorf Law Firm, LLP

740 West Boston Road, Suite 304
Mamaroneck,NY 10543
914-381-7600
COUNTY OF RICHMOND
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Index #: 131664/10
Plaintiff,
COMBINED DEMAND
FOR STATEMENTS
AND WITNESSES
--against—
Defendants.
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PLEASE TAKE NOTICE that, pursuant to CPLR Article 31 the undersigned hereby makes
the following demand that all parties produce at the Staten Island office of the undersigned located
at 7504 Fifth Avenue, Brooklyn, NY 11209, on March 16, 2011 at 10:00 o’clock in the forenoon
thereof for copying, testing, inspecting and photographing, the following items.
DEMAND FOR STATEMENTS
Pursuant to CPLR §3101(e), a copy of any statement or statements given by or on behalf of

the parties serving this notice, whether signed or unsigned, recorded, transcribed or written or
pending.
DEMAND FOR WITNESSES
Pursuant to CPLR §3101(a) and Rule 3120(a) and the case law thereunder, the undersigned
hereby demands the name and address of each person known or claimed by any party you represent
to be a witness to any of the following:
a. The occurrence alleged in the complaint, or
b. Any acts, omissions, or conditions which allegedly caused the occurrence

alleged in the complaint, or
c. Any actual notice allegedly given by or to the parties of any condition which
allegedly caused the occurrence alleged in the complaint, or
d. The nature and duration of any alleged condition which allegedly caused the
occurrence alleged in the complaint,
e. The occurrence alleged in the counterclaim.
PLEASE TAKE FURTHER NOTICE that, these demands shall be deemed to continue
during the pendency of this action, including the trial thereof. In the event of your failure or refusal
to comply with these demands, the undersigned shall seek to compel production of the requested
materials and information and to preclude any testimony with regard to any demands not complied
with.
PLEASE TAKE FURTHER NOTICE that, in lieu of personal appearance, you may submit
to the undersigned true and complete copies of the items demanded at any time on or before the
above mentioned date.

February 2, 2011
Derrick Hanna, Esq.

Hanna & Vlahakis
7404 Fifth Avenue
800-773-7867

Mamaroneck,NY 10543
914-381-7600
COUNTY OF RICHMOND
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Index #: 131664/10
Plaintiff,
NOTICE FOR
DISCOVERY AND
INSPECTION
--against—
Defendants.
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COUNSELORS:
PLEASE TAKE NOTICE that, pursuant to the applicable rules of the CPLR Article 31
demand is hereby made upon you to produce the following documents/information described below
for copying, testing and inspecting. “Document” is used herein in the broadest sense and includes,
but is not limited to, all originals, whether printed or handwritten, non-identical copies, copies with
marginal notations or interlineations of any writing, recording, photograph, computer data, film, e-
mail, video or audio tape (including transcripts or memoranda reflecting or referring to the contents
thereof), any written, typewritten or other tangible form of recording or preserving communication
or thought (including computerized records of any kind), including any non-identical copy thereof,
or any other items containing information of any kind or nature, however produced or reproduced,
whatever its origin or location and regardless of the form in which such information exists or is
maintained.
Documents Requested
1. All documents relating to real property known as and located at 1173 Clove Road,
Staten Island, NY 10301 (the “Property”).
2. All documents relating to note (“Note”) executed by Defendant and assignment of
MOTGAGE dated August 3, 2006.
3. All documents relating to mortgage dated August 3, 2006 (“Mortgage”) executed by
Defendant and assigned (“Loan”).
4. All documents relating to the closing (“Closing”) of the Loan, Note and/or Mortgage
on August 3, 2006.
5. All documents evidencing any payments made by or between DEUTSCHE BANK

NATIONAL TRUST COMPANY
(“Plaintiff”), MERS and SMI Mortgage relating to the Note and/or Mortgage.
6. All documents evidencing the assignment of the Note and/or Mortgage by or
between Plaintiff, MERS and SMI Mortgage.
7. All documents evidencing the securitization of the Note and/or Mortgage by or
between Plaintiff, MERS and/or SMI Mortgage.
8. All documents evidencing the evaluation of the Note and/or Mortgage by Plaintiff,
including but not limited to any rating of the Note and/or Mortgage.
9. All documents evidencing any payments made by or between Plaintiff, MERS
and/or SMI Mortgage relating to the Note and Mortgage, including but not limited to the purchase
of the Note and/or Mortgage by the Plaintiff.
10. All closing documents relating to the Loan.

11. All pre-closing documents relating to the Loan.
12. All versions of Good Faith Estimates relating to the Loan.
13. All versions of Truth in Lending disclosure statements relating to the Loan.
14. All versions of Itemization of Amount Financed documents relating to the Loan.
15. All versions of loan applications relating to the Loan.
16. All pre-closing disclosure documents relating to the Loan.
17. All documents relating to discount points relating to the Loan.
18. All documents evidencing any benefit received by Defendants for discount points
paid by Defendants.
19. All documents evidencing any payment by and between Plaintiff, MERS and/or
SMI Mortgage relating to the Loan, Mortgage or Note.
20. All contracts by and between Plaintiff, MERS or and/or SMI Mortgage relating to
the Loan, Mortgage and/or Note.
21. All documents relating to the rate of interest of the Mortgage and/or Note.
22. All documents relating to the determination of the rate of interest of the Mortgage
and/or Note.
23. All documents evidencing communications by and between Plaintiff and/or SMI
Mortgage relating to the Mortgage and/or Note.
24. All correspondence, notes, memoranda relating to the Mortgage and/or Note.
25. All documents reflecting any money paid or received by and between Plaintiff,
MERS and/or SMI Mortgage relating to the Mortgage and/or Note.
26. All documents of any kind reflecting correspondence or communications by and
between Plaintiff MERS and/or SMI Mortgage and the Defendant.

27. All documents of any kind reflecting communications, handwritten notes or
correspondence in any media, including specifically, but not exclusively, all electronic media
including emails by and between Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage
and/or Note.
28. All documents relating to the determination of the creditworthiness of the
Defendant.
29. All documents relating to the underwriting of the Loan.
30. All documents relating to the processing of the Loan.
31. All transmittal documents relating to the Loan.
32. All checklists relating to the Loan.
33. All checklists used to document the processing of the loan.
34. All guidelines that were used to evaluate the Loan.
35. All documents evidencing any employment verification of either of the Defendant.
36. All documents evidencing any income verification of either of the Defendant.
37. All documents evidencing a range of income by occupation that was used in
connection with the underwriting of the Loan.
38. All documents evidencing any evaluation of the value of the Property including all
appraisals and all evaluations completed by real estate brokers or agents.
39. All documents relating to any yield spread premium relating to the Loan, Note
and/or Mortgage.
40. All documents reflecting or relating to notes of conversations or meetings held by
and between Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage and/or Note.
and between Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage and/or Note.
and between Plaintiff, MERS and/or SMI Mortgage during which the Defendant was discussed.
43. All documents evidencing any business relationship by and between Plaintiff,
MERS and/or SMI Mortgage.
44. All documents reflecting or relating to any joint ventures by and between Plaintiff,
MERS and/or SMI Mortgage.
45. All desk books, calendars or diaries maintained by Plaintiff, any employee and/or
officer and/or director of Plaintiff, MERS and/or SMI Mortgage relating to the Mortgage and/or
Note and/or Defendant and/or any subject matter of this lawsuit.
46. All documents reflecting, concerning or relating to any allegation contained in the
Complaint.
47. All documents reflecting, concerning or relating to any defense Plaintiff interposed.
48. All documents reflecting, concerning or relating to any subject matter of this lawsuit.
49. All documents not produced in the response to the foregoing requests that Plaintiff
may seek to introduce at trial of this action.
50. All documents reflecting, concerning or relating to registration of the trust with the
SEC.
51. All documents reflecting, concerning or relating to the assignment the mortgage deed
of trust to the Trust.
52. All documents reflecting, concerning or relating to the Pooling and Servicing
Agreement. Include a copy of the Pooling and Servicing Agreement.

53. Provide the name and address of t6he custodian of the original note.
54. Provide the chain of custody of the original note with all documentary evidence of
each and every transfer of custody of the note and mortgage.
55. Produce any and all Pooling Agreement(s) between the nominal lender at the loan
closing and any party or parties who could claim an interest in the loan or documents pertaining
thereto and any GSE or other party. If none, state none.
56. Produce any and all Deposit Agreement(s) between the nominal lender at the loan
closing and any party or parties who could claim an interest in the loan closing or documents
pertaining thereto and any GSE or other party. If none, state none.
57. Produce any and all Master Purchasing Agreement(s) between the nominal lender at the
loan closing and any party or parties who could claim an interest in the loan closing or documents
58. Produce any and all AIssuer Agreement(s) between the nominal lender at the loan
pertaining thereto and any GSE or other party. If none, state none
59. Produce any and all Commitment to Guarantee Agreements) between the nominal
lender at the loan closing and any party or parties who could claim an interest in the loan closing or
documents pertaining thereto and any USE or other party. If none, state none.
60. Produce any and all Release of Document Agreements between the nominal lender at
the loan closing and any party or parties who could claim an interest in the loan closing or
documents pertaining thereto and any USE or other party. If none, state none.
61. Produce any and all Master Agreement for Servicer's Principal and Interest Custodial
Account between the nominal lender at the loan closing and any party or parties who could claim an
interest in the loan closing or documents pertaining thereto and any GSE or other party. If none,
state none.
62. Produce any and all Servicer's Escrow Custodial Account between the nominal
lender at the loan closing and any party or parties who could claim an interest in the loan closing or
documents pertaining thereto and any GSE or other party. If none, state none.
63. Produce any and all Release of Interest Agreements between the nominal lender at the
loan closing and any party or parties who could claim an interest in the loan closing or documents
64. Produce any and all Trustee Agreements between the nominal lender at the loan
pertaining thereto and trustees regarding this account or pool accounts with any GSE or other party.
If none, state none.
65. Produce any and all documents evidencing any trust relationship regarding the
Mortgage and/or any Note in this matter. If none, state none.
66. Produce any and all documents establishing any Trustee of record for the Mortgage
and/or any Note in this matter. If none, state none.
67. Produce any and all documents establishing the date of any appointment of trustee for
the Mortgage and/or any Note, including any and all assignments or transfers or nominees of any
substitute trustees. If none, state none.
68. Produce any and all documents establishing any Grantor for this Mortgage and/or any
Note in this matter. If none, state none.
69. Produce any and all documents establishing any Grantee for this Mortgage and/or any
Note in this matter. If none, state none.
70. Produce any and all documents establishing any Beneficiary for this Mortgage and/or
any Note in this matter. If none, state none.
71. Produce all data, information, notations, text, figures and information contained in
your mortgage servicing and accounting computer systems including, but not limited to Alltel or
Fidelity CPI system, or any other similar mortgage servicing software used by you, any servicers, or
sub-servicers of this mortgage account from the inception of this account to the date of this request.
72. Produce all descriptions and legends of all Codes used in Plaintiff=s mortgage
servicing and accounting system so as to enable the examiners and auditors and experts, if any,
retained to audit and review this mortgage account to properly carry on their work. If none, state
none.
73. Produce all assignments, transfers, allonge, or other documents evidencing a transfer,
sale or assignment of the mortgage, note, deed of trust, monetary instrument or other document that
purports to evidence a financial obligation by Defendant, or provide security for such obligation,
from the inception of this account to the present date including any such assignment on MERS. If
none, state none.
74. Produce all deeds in lieu, modifications to this mortgage, monetary instrument or deed
of trust from the inception of this account to the present date. If none, state none.
75. Produce the front and back of each and every canceled check, money order, draft, debit
or credit notice issued to any servicers of this account for payment of any monthly payment, other
payment, escrow charge, fee or expense on this account. If none, state none.
76. Produce all escrow analyses conducted on this account from the inception of this
account until the date of your response to this request. If none, state none.
77. Produce the front and back of each and every canceled check, draft or debit notice
issued for payment of closing costs, fees and expenses listed on any and all disclosure statements
including, but not limited to, appraisal fees, inspection fees, title searches, title insurance fees, credit
life insurance premiums, hazard insurance premiums, commissions, attorney fees, points, etc. If
none, state none.
78. Produce front and back copies of all payment receipts, checks, money orders, drafts,
automatic debits and written evidence of payments made by Defendant or others on this account. If
none, state none.
79. Produce all letters, statements and documents sent to Defendant by Plaintiff. If none,
state none.
80. Produce all letters, statements and documents sent to Defendant by agents, attorneys or
representatives of Plaintiff. If none, state none.
81. Produce all letters, statements and documents sent to Defendant by previous servicers,
sub-servicers or others in the account file or under the control or possession or in the control or
possession of any affiliate, parent company, agent, servicers, sub-servicers, attorney or other
representative of Plaintiff. If none, state none.
82. Produce all letters, statements and documents contained in the account file of Plaintiff
or imaged by Plaintiff of any servicers or sub-servicers of this mortgage from the inception of this
account to the present date. If none, state none.
83. Produce all electronic transfers, assignments and sales of the note or asset, mortgage,
deed of trust or other security instrument. If none, state none.
84. Produce all copies of property inspection reports, appraisals, Broker Price Opinions
BPO=s and reports done on the property of Defendant. If none, state none.
85. Produce all invoices for each charge such as inspection fees, BPO fees, appraisal fees,
attorney fees, insurance, taxes, assessments or any expense which has been charged to this mortgage
account from the inception of this account to the present date. If none, state none.
86. Produce all checks used to pay invoices for each charge such as inspection fees,
BPO=s, appraisal fees, attorney fees, insurance, taxes, assessments or any expense which has been
charged to this account from the inception of this account to the present date. If none, state none.
87. Produce all agreements, contracts and understandings with vendors that have been paid
for any charge on this account from the inception of this account to the present date. If none, state
none.
88. Produce all documents evidencing authority for any person who signed a mortgage
assignment or endorsed a Promissory Note concerning the mortgage loan at issue.
89. Produce all account servicing records, payment payoffs, payoff calculations, ARM
audits, interest rate adjustments, payment records, transaction histories, account histories,
accounting records, ledgers, and documents that relate to the accounting of this account from the
inception of this account to the present date. If none, state none.
90. Produce all account servicing transaction records, ledgers, registers and similar items
detailing how this account has been serviced from the inception of this account to the present date.
91. Produce all sales contracts, servicing agreements, assignments, allonges, transfers,
indemnification agreements, recourse agreements and any agreement related to this account from
the inception of this account to the present date.
92. Provide copies of all invoices and detailed billing statements from any law firm or
attorney that has billed such fees that have been assessed or collected from this account from the
inception to the present date.
93. Produce all documents between the Plaintiff=s attorney and any document producing
service such as ADOCX@ OR ALDS@.
94. Produce all documents concerning attorney fees being charged to Defendant by
Plaintiff=s attorney, include retainer agreement and itemized billing statements concerning fees
claimed to have been generated in conjunction with Defendant and the mortgage.
95. Produce all documents evidencing compliance with Truth in Lending Disclosure
Statements concerning Defendant=s mortgage loan.
PLEASE TAKE FURTHER NOTICE that, said documents are to be produced, in the order
in which they are kept in the usual and ordinary course of business, at Defendant’s attorney’s office,
7504 Fifth Avenue, Brooklyn, NY 11209, on March 16, 2011 at 10:00 AM.
PLEASE TAKE FURTHER NOTICE that, your failure to comply with this demand will
result in your being precluded at the time of the trial of this action.
PLEASE BE ADVISED that, an affidavit of non-existence indicating the steps taken to
locate such information/documents must be provided in lieu of production.

February 2, 2011
Derrick Hanna, Esq.

Hanna & Vlahakis
7404 Fifth Avenue
800-773-7867

Mamaroneck,NY 10543
914-381-7600
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )

) ss.:
COUNTY OF KINGS )
Grace Soave being duly sworn,deposes and says:
I am not a party to the within action, am over 18 years of age and reside in the State of New
York.
On ______________, 2011, I served the within:
Notice to Take Deposition upon Oral Examination

Notice for Discovery and Inspection;
Request for Discovery of Expert Witness Information; and
Combined Demand for Statements and Witnesses;
Interrogatories.
Request for Admissions
by depositing a true copy thereof enclosed in a post-paid wrapper in an official depository under the
exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of
the following persons at the last known address set forth after each name:
The Dorf Law Firm, LLP

Mamaroneck,NY 10543
914-381-7600
____________________________
Grace Soave
Sworn to before me on this ___

day of ____________, 2011
__________________________
NOTARY PUBLIC
COUNTY OF RICHMOND
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Index #: 131664/10
Plaintiff,
--against—
Defendants.
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DEFENDANT'S FIRST SET OF INTERROGATORIES

Mamaroneck,NY 10543
914-381-7600
Instructions For Interrogatories
You must answer each Interrogatory separately and fully in writing under oath,
unless it is objected to, in which event the reasons for objection shall be stated in lieu
of an answer. The answers must be signed by the party making them, and the
objections signed by the attorney making them.
Space has been provided below each Interrogatory for your answer. If you require
additional space, you may attach an additional sheet or sheets of paper which refer to
the appropriate
Interrogatory.
In answering each Interrogatory:

a. Identify by date, sender, recipient, location and custodian, each document
relied upon or which forms a basis for the answer given or which corroborates the
answer given or the substance of what is given in answer to each Interrogatory.
b. State whether the information furnished is within your personal knowledge and,
if not, the name of each person to whom the information is a matter of personal
knowledge.
c. Identify each person who assisted or participated in preparing and/or supplying
any of the information given in answer to or relied upon in preparing the answer to
each Interrogatory.
d. Each subpart of an Interrogatory is a separate Interrogatory for objection. If you
object, you must object separately to each subpart and must answer all remaining
subparts of each numbered Interrogatory. If you object to an Interrogatory or to a
subpart thereof as calling for information beyond the scope of discovery, you must
nevertheless answer the Interrogatory or subpart to the extent that it is not
objectionable.
e. In the event an Interrogatory is objected to on the ground of privilege, identify the
privilege asserted and the facts on which the assertion is based. If the Interrogatory
objected to relates to documents, identify each document pursuant to the definition of
identify contained in these Interrogatories. In the event the answer to an
Interrogatory is do not know, unknown, that information was unavailable or the like,
explain in detail the efforts made to obtain information to answer the Interrogatory.
f. If you respond to a request for discovery with a response that is complete when
made, you are nevertheless under a duty to supplement the response to include
information thereafter acquired:
a. With respect to any question directly addressed to the identity and location
of persons having knowledge of discoverable matters, or to the identity of each
person expected to be called as a witness at trial, the subject matter on which the
person is expected to testify, and the substance of the person's testimony.
b. If you obtain information which shows (and failure to amend your response in
light of such information is in substance a knowing concealment) your earlier response
was incorrect when made, or your earlier response, although correct when made, is no
longer true.
Definitions
1. You and your mean the names of the party or parties to whom these
Interrogatories are directed and all parties acting on behalf of such party or parties,
including but not limited to, attorneys and their associates and employees,
investigators, agents, employees, representatives, or others who are in possession of
or who may have obtained information for or on behalf of the party or parties to whom
these Interrogatories are directed.
2. Document or writing means any written or graphic matter or other means of
preserving thought or expression and all tangible things in which information can be
processed or transcribed including, but not limited to, correspondence, messages,
telegrams, contracts, memoranda, studies, surveys, charts, reports, minutes, notes,
diaries, schedules, canceled checks, drafts, photographs, releases, newspaper or
magazine articles, books, financial statements, ledgers, transcripts, affidavits, tapes,
tape recordings, video tapes or recordings, motion pictures, phonograph recordings,
compact disk, optical disk, material read by laser scanning, computer disks, computer
tapes, computer printouts, and information stored in data processing or retrieval
systems, whether originals, copies or drafts, however produced or reproduced.
3. APerson means any natural person, any legal or business entity, and any public
or quasi-public entity.
4 Identify referring to a natural person means:
a. The full name of each person.
b. The present or last known address and telephone number of such person
including, but not limited to, the street address, city, state and zip code.
c. The employment of such person at the time referred to in these
Interrogatories by position held and by name and address of employer.

5. Identify referring to other than a natural person
means:
a. The full legal and common name(s) or title(s) of such entity.
b. A brief summary of its contents.
c. An identification of the person(s) drafting, preparing, compiling, and
signing it.
d. The date the document was prepared or received and the date noted on
the document itself.
6. APlaintiff@ means: DEUTSCHE BANK NATIONAL TRUST COMPANY

7. APlaintiff@ means SALVATORE PERRONE.
Interrogatories
1. State the name, job title and business address of each person providing
information in response to these discovery requests.
2. State the type of business organization defendant is and name every State of the
union in which it is chartered or registered.
3. If Plaintiff asserts, or has asserted, any claim against Defendant, state in detail the
basis upon which such claim is made.
4. If Plaintiff asserts, or has asserted, a claim to any interest in any property now or
previously owned by Defendant state in detail the basis upon which such claim is made.
5. If Plaintiff has received any payments from Defendant state in detail the
consideration provided by Plaintiff to Defendant in return for such payments.
6. If Plaintiff asserts that Defendant received a loan of funds which comprise the basis
of Plaintiff=s claim against Defendant, describe the loan transaction in detail and provide
all documents which refer or relate to such transaction.
7. Identify for each account accounting and servicing system used by Plaintiff and any
sub-servicers or previous servicers from the inception of this account to the present date
which enable the experts to decipher the data provided.
8. For each account accounting and servicing system identified by Plaintiff and any
sub-servicers or previous servicers from the inception of this account to the present date,
state the name and address of the company that designed and sold the system.
9. For each account accounting and servicing system used by Plaintiff and any sub-
servicers or previous servicers from the inception of this account to the present date,
please provide the complete transaction code list for each system so that Defendant and
others can adequately audit this account.
10. In a spreadsheet form or in letter form in a columnar format, detail each and every
credit on this account from the date such credit was posted to this account as well as the
date any credit was received.
11. In a spreadsheet form or in letter form in a columnar format, detail each and every
debit on this account from the date such debit was posted to this account as well as the
date any debit was received.

12. For each debit and credit listed, state the definition for each corresponding
transaction code Plaintiff utilizes.
13. For each transaction code, provide the master transaction code list used by Plaintiff
or previous servicers.
14. Has each sale, transfer or assignment of this mortgage, monetary instrument, deed
of trust or any other instrument any Defendant executed to secure this debt been
recorded in the county property records in the county and state in which the property is
located from the inception of this account to the present date? State Yes or No.
If No, why?
15. Is Plaintiff the servicer of this mortgage account or the holder in due course and
beneficial owner of this mortgage, monetary instrument and /or deed of trust? State Yes or
No.
16. Have any sales, transfers or assignments of this mortgage, monetary instrument,
deed of trust or any other instrument executed by Defendant to secure this debt been
recorded in any electronic fashion such as MERS or other internal or external recording
system from the inception of this account to the present date? State Yes or No.
17. If yes, give details of the names of the seller, purchaser, assignor, assignee or any
holder in due course to any right or obligation of any note, mortgage, deed of trust or
security instrument executed by Defendant securing the obligation on this account that
was not recorded in the county records where my property is located whether they be
mortgage servicing rights or the beneficial interest in the principal and interest payments.
18. Did the originator or previous servicers of this account have any financing agreements
or contracts with Plaintiff or an affiliate of Plaintiff?
19. Did the originator or previous servicers of this account receive any compensation,
fee, commission, payment, rebate or other financial consideration from Defendant or
affiliate of Plaintiff for handling, processing, originating or administering this loan? If yes,
please describe and itemize each and every form of compensation, fee, commission,
payment, rebate or other financial consideration paid to the originator of this account by
your company or any affiliate.
20. If you claim to have original documents relating to a loan transaction concerning
Defendant, state where the originals of this entire account file are currently located and
how they are being stored, kept and protected.
21. If you do not have possession or control over the original documents of a loan
transaction concerning Defendant explain in detail the physical location of the documents
and the reason you do not have possession or control over the documents.
22. Where is the original Mortgage/ Promissory Note alleged to have been signed by
Defendant? Give details of its physical location and whether anyone is holding this Note as
a custodian or trustee?
23. State whether since the inception of this account, there has been any assignment of
Defendant’s monetary instrument / asset to any other party? If the answer is yes, give
details of the names and addresses of each and every individual, party, bank, trust or
entity that has received such assignments.
24. State whether since the inception of this account there has been any assignment of
the deed of trust or mortgage and Promissory Note to any other party? If the answer is
yes, give details of the names and addresses of each and every individual, party, bank,
trust or entity that has received such assignments.
25. State whether since the inception of this account, there has been any sale or
assignment of the servicing rights to this mortgage account to any other party? If the
answer is yes, give details of the names and addresses of each and every individual, party,
bank, trust or entity that has received such assignments or sale.
26. State whether since the inception of this account, there has been any subservicers
serviced any portion of this mortgage account? If the answer is yes, give details of the
names and addresses of each and every individual, party, bank, trust or entity that has
sub-serviced this mortgage account.
27. Has this mortgage account been made a part of any mortgage pool since the inception
of this loan? If yes, give details of each and every account mortgage pool that this
mortgage has been a part of from the inception of this account to the present date.
28. State whether each and every assignment of Defendant’s asset/monetary instrument
been recorded in the county land records where the property associated with this
mortgage account is located?
29. State whether there has been any electronic assignment of this mortgage with MERS
or any other computer mortgage registry service or computer program? If yes, give details
of the name and address of each and every individual, entity, party, bank, trust or
organization or servicers that have been assigned to mortgage servicing rights to this
account as well as the beneficial interest to the payments of principal and interest on this
loan.
30. Have there been any investors who have participated in any mortgage-backed
security, collateral mortgage obligation or other mortgage security instrument that this
mortgage account has ever been a part of from the inception of this account to the
present date? If yes, give details of the name and address of each and every individual,
entity, organization and/or trust.
31. Give details of the parties and their addresses to all sales contracts, servicing
agreements, assignments, allonges, transfers, indemnification agreements, recourse
agreements and any agreement related to this account from the inception of this account
to the present date.
32. State how much amount was paid for this individual mortgage account by Plaintiff?
33. If Defendant=s loan account was a part of a mortgage pool, state the principal
balance used by Plaintiff to determine payment for this individual mortgage loan?
34. If Defendant’s loan account was part of a mortgage pool, state the percentage paid by
defendant of the principal balance above used to determine purchase of this individual
mortgage loan?
35. To whom did Plaintiff issue a check or payment to for this mortgage loan?
36. Did any investor approve of the foreclosure of Defendant=s property? State Yes or
No.
37. Give details of all persons who approved the foreclosure of the Defendant=s property.
38. Have attorney fees ever been assessed to this account from the inception of this
account to the present date? State Yes or No.
39. If yes, detail each separate assessment, charge and collection of attorney fees to this
account from the inception of this account to the present date and the date of such
assessments to this account.
40. Have attorney fees ever been charged to this account from the inception of this
41. If yes, detail each separate charge of attorney fees to this account from the inception
of this account to the present date and the date of such assessments to this account and
provide a copy of the retainer fee agreement pursuant to which such fees were charged
42. Have attorney fees ever been collected from this account from the inception of this
43. If yes, detail each separate collection of attorney fees to this account from the
inception of this account to the present date and the date of such assessments to this
account.
44. Give details of the name and address of each attorney or law firm that has been
paid any fees or expenses related to this account from the inception of this account to
the present date.
45. Specify in writing the provision, paragraph, section or sentence of any Promissory
Note, mortgage, deed of trust or any agreement signed by Defendant that authorized
the assessment, charge or collection of attorney fees.
46. Give details of each separate attorney fee assessed from this account and for
which each corresponding payment period or month such fee was assessed from the
inception of this account to the present date.
47. Give details of any adjustments in attorney fees assessed and on what date such
adjustment was made and the reason for such adjustment.
48. Has interest been charged on any attorney fees assessed or charged to this
account? State Yes or No.

49. Is interest allowed to be assessed or charged on attorney fees charged or
assessed to this account? State Yes or No.
50. How much total in attorney fees have been assessed to this account from the
inception to the present date?
51. How much total in attorney fees have been collected from this account from the
inception to the present date?
52. Has there been any suspense or unapplied account transactions on this account
from the inception of this account until the present date? State Yes or No.
53. If yes, explain the reason for each and every suspense transaction that occurred
on this account.
54. In a spreadsheet or in letter form in a columnar format, give details of each and
every suspense or unapplied transaction, both debits and credits that has occurred on
this account from the inception of this account to the present date.
55. Have you reported the collection of late fees on this account as interest in any
statement to Defendant or to the IRS? State Yes or No.
56. Has any previous servicers or sub-servicers of this mortgage reported the collection of
late fees on this account as interest in any statement to me or to the IRS? State Yes or No.
57. Do you consider the payment of late fees as liquidated damages to you for not
receiving payment on time? State Yes or No.
58. Are late fees considered as interest? State Yes or No.
59. Give details of the expenses and damages Plaintiff incurred for any payment Plaintiff
made that was late.
60. Were any of these expenses or damages charged or assessed to this account in any
other way? State Yes or No.
61. If yes, describe what expenses or damages were charged or assessed to this account.
62. Give details of the expenses you or others undertook due to any late payment
Defendant made.
63. Give details of the damages you or others undertook due to any late payment
Defendant made.
64. Give details of the provision, paragraph, section or sentence of any Note, mortgage,
deed of trust or any agreement Defendant signed that authorized the assessment or
collection of late fees.
65. Give details and list of each separate late fee assessed to this account and for which
corresponding payment period or month such late fee was assessed from the inception of
this account to the present date.

66. Give details and list of any adjustments in late fees assessed and on what date such
adjustment was made and the reason for such adjustment.
67. State whether any interest has been charged on any late fee assessed or charged
to this account?
68. State whether any interest is allowed to be assessed or charged on the late fees to
this account?
Executed this day of , 2011
Name and title of the authorized officer or the agent of Plaintiff.
State of New York:
County of
Before me the undersigned, a Notary Public in and for the said County and State on
this day of , 2011, personally appeared, who is personally known to me or
proven by proper identification, to be the person who executed the within and
foregoing instrument.
Type of ID:
Signature
COUNTY OF RICHMOND
--------------------------------------------------------------------------X
Index #: 131664/10
Plaintiff,
--against—
Defendants.
----------------------------------------------------------------------------X
DEFENDANT'S FIRST REQUEST FOR ADMISSION
Pursuant to the CPLR Defendants request Plaintiffs make the

following admissions within 20 days of service of these Requests
for the purpose of this action and subject to all pertinent
objections to admissibility which may be interposed at the trial.
Instructions For Request For Admission

Space has been provided below each Request for Admission for
your answer. If you require additional space, you may attach an
additional sheet or sheets of paper which refer to the appropriate
Request for Admission.
You must serve your written answer or objection to each

request upon Defendant=s Attorney within 20 days of service of
this Request For Admission on you. The answers or objections must
be signed by you or your attorney. Failure to answer or object
within 20 days is deemed an admission.
An answer shall admit the request, specifically deny the
matter, or set forth in detail the reasons why you cannot
truthfully admit or deny the matter.
You may not give lack of information or knowledge as a reason
for failing to admit or deny unless you have made a reasonable
inquiry and after such reasonable inquiry the information known or
readily obtainable is still insufficient for you to admit or deny.
If you fail to admit the genuineness of any document or the
truth of any matter requested in this Request For Admission, and
if Defendant thereafter proves the genuineness of the document or
the truth of the matter, Defendant may apply to the Court for an
order requiring you to pay the reasonable expenses incurred in
making that proof, including reasonable attorney's fees.
If you respond to a request for discovery with a response
that is complete when made, you are nevertheless under a duty to

supplement the response to include information thereafter
acquired:
a. With respect to any question directly addressed to

the identity and location of persons having knowledge of
discoverable matters, or to the identity of each person
expected to be called as a witness at trial, the subject matter on
which the person is expected to testify, and the substance of the
person's testimony.
b. If you obtain information which shows (and failure

to amend your response in light of such information is in
substance a knowing concealment) your earlier response was
incorrect when made, or your earlier response, although correct
when made, is no longer true.
Definitions
1. "You" and "your" mean the names of the party or parties
to whom these Requests For Admission are directed and all parties
acting on behalf of such party or parties, including but not
limited to, attorneys and their associates and employees,
investigators, agents, employees, representatives, or others who
are in possession of or who may have obtained information for or
on behalf of the party or parties to whom these Requests For
Admission are directed.
2. "Document" or "writing" means any written or graphic
matter or other means of preserving thought or expression and all
tangible things in which information can be processed or
transcribed including, but not limited to, correspondence,
messages, telegrams, contracts, memoranda, studies, surveys,
charts, reports, minutes, notes, diaries, schedules, canceled

checks, drafts, photographs, releases, newspaper or magazine
articles, books, financial statements, ledgers, transcripts,
affidavits, tapes, tape recordings, video tapes or recordings,
motion pictures, phonograph recordings, compact disk, optical
disk, material read by laser scanning, computer disks, computer
tapes, computer printouts, and information stored in data
processing or retrieval systems, whether originals, copies or
3. "Person" means any natural person, any legal or business
entity, and any public or quasi-public entity.
4. "Identify" referring to a natural person means:
a. The full name of each person.
b. The present or last known address and

telephone number of such person including, but not limited to,
the street address, city, state and zip code.
C. The employment of such person at the time

referred to in these Interrogatories by position held and by name
and address of employer.
5. "Identify" referring to other than a natural person

means:
a. The full legal and common name(s) or title(s)
of such entity.
b. A brief summary of its contents.
C. An identification of the person(s) drafting,

preparing, compiling, and signing it.
d. The date the document was prepared or

received and the date noted on the document itself.
ADMISSIONS
1. Admit that the annexed document entitled “ASSIGNMENT OF
MORTGAGE” DATED May 6, 2010 is a true and accurate copy of the
assignment Plaintiff intends to present at trial.
2. Admit that Plaintiff ordered the creation of this
document annexed hereto, entitled “ASSIGNMENT OF MORTGAGE” DATED
May 6, 2010.
3. Admit that Plaintiff=s attorney ordered the creation of
the document annexed hereto entitled “ASSIGNMENT OF MORTGAGE”
DATED May 6, 2010.
4. Admit that SMI Mortgage did not assigned the Salvatore V.

Perrone and Maria F. Salerno mortgage dated August 3, 2006 on
November 18, 2009
5. Admit that Plaintiff is not in possession of an original

note signed by Defendant and dated August 3, 2006.
6. Admit that Plaintiff is not in possession of an original

note endorsed in its name.
7. Admit that Plaintiff not file the assignment of the

mortgage in this case (copy annexed) on or about November 18, 2009
with the Richmond County Clerk.
8. Admit Plaintiff was a closed trust on May 6, 2010.
9. Admit Plaintiff does not have a beneficial interest in

the mortgage at issue in this case.
Dated: Brooklyn, NY
February 14, 2011
Plaintiff=s Answers are true and correct:
Sign X_____________________________
Print Name and Title:____________________________
Sworn to and subscribed before me
this ________ day of _______________,

2011
_______________________________________
Notary Public

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SUPREME COURT OF THE STATE OF NEW YORK

MOSHE HANOKA, SYLVIA HANOKA, BANK

Dated: Brooklyn, New York

To: Patricia M. Esdinsky, Esq.

SALVATORE V. PERRONE, MARIA F. SALERNO,

REQUEST FOR DISCOVERY OF EXPERT WITNESS NFORMATION

March 16, 2011 hereof:

not provided when obtained by the defendants.

Dated: Brooklyn, New York

Derrick Hanna, Esq.

To: The Dorf Law Firm, LLP

DEMAND FOR STATEMENTS

Pursuant to CPLR §3101(e), a copy of any statement or statements given by or on behalf of

DEMAND FOR WITNESSES

a. The occurrence alleged in the complaint, or

b. Any acts, omissions, or conditions which allegedly caused the occurrence

e. The occurrence alleged in the counterclaim.

Dated: Brooklyn, New York

Derrick Hanna, Esq.

To: The Dorf Law Firm, LLP

Staten Island, NY 10301 (the “Property”).

2. All documents relating to note (“Note”) executed by Defendant and assignment of

MOTGAGE dated August 3, 2006.

3. All documents relating to mortgage dated August 3, 2006 (“Mortgage”) executed by

Defendant and assigned (“Loan”).

5. All documents evidencing any payments made by or between DEUTSCHE BANK

6. All documents evidencing the assignment of the Note and/or Mortgage by or

between Plaintiff, MERS and SMI Mortgage.

7. All documents evidencing the securitization of the Note and/or Mortgage by or

between Plaintiff, MERS and/or SMI Mortgage.

of the Note and/or Mortgage by the Plaintiff.

10. All closing documents relating to the Loan.

MERS and/or SMI Mortgage relating to the Mortgage and/or Note.

26. All documents of any kind reflecting correspondence or communications by and

between Plaintiff MERS and/or SMI Mortgage and the Defendant.

28. All documents relating to the determination of the creditworthiness of the

29. All documents relating to the underwriting of the Loan.

30. All documents relating to the processing of the Loan.

31. All transmittal documents relating to the Loan.

32. All checklists relating to the Loan.

33. All checklists used to document the processing of the loan.

34. All guidelines that were used to evaluate the Loan.

connection with the underwriting of the Loan.

appraisals and all evaluations completed by real estate brokers or agents.

40. All documents reflecting or relating to notes of conversations or meetings held by

42. All documents reflecting or relating to notes of conversations or meetings held by

MERS and/or SMI Mortgage.

MERS and/or SMI Mortgage.

Note and/or Defendant and/or any subject matter of this lawsuit.

may seek to introduce at trial of this action.

of trust to the Trust.

Agreement. Include a copy of the Pooling and Servicing Agreement.

each and every transfer of custody of the note and mortgage.

PLEASE BE ADVISED that, an affidavit of non-existence indicating the steps taken to

locate such information/documents must be provided in lieu of production.

Dated: Brooklyn, New York

Derrick Hanna, Esq.

To: The Dorf Law Firm, LLP

STATE OF NEW YORK )

Grace Soave being duly sworn,deposes and says:

On ______________, 2011, I served the within:

Notice to Take Deposition upon Oral Examination