Professional Documents
Culture Documents
Roggs 1 - MW To Tom Croft - Final (05.16.2012)
Roggs 1 - MW To Tom Croft - Final (05.16.2012)
2011-36476
MARY ELLEN WOLF AND
DAVID WOLF, on behalf of themselves and
all others similarly situated,
v.
WELLS FARGO BANK, N.A.,
AS TRUSTEE FOR CARRINGTON
MORTGAGE LOAN TRUST, TOM
CROFT, NEW CENTURY MORTGAGE
CORPORATION, AND CARRINGTON
MORTGAGE SERVICES, LLC.
Defendant TOM CROFT, by and through his attorney of record, Thomas D. Pruyn, PRUYN
LAW FIRM, PLLC, 2616 South Loop West, Ste. 590, Houston, TX 77054.
Plaintiff Mary Ellen Wolf serves the following First Set of Interrogatories to Defendant
OF
is advised that the responses to the requests must be served upon the
undersigned counsel within thirty (30) days following service. No extensions
of time with respect to the responses shall be valid unless such agreement is
set forth in writing and signed by counsel for Plaintiff.
governed by the definitions and instructions that follow.
This document is
CERTIFICATE OF SERVICE
By the execution of my signature below, I certify that a true and correct copy of the
foregoing document has been served to the following parties on the 16th day of May, 2012
pursuant to rule 21(a) of the TEXAS RULES OF CIVIL PROCEDURE:
Mr. Thomas D. Pruyn
PRUYN LAW FIRM, PLLC
2616 South Loop West, Ste. 590
Houston, TX 77054
Attorney for Defendants,
Wells Fargo Bank N.A., as Trustee
For Carrington Mortgage Loan Trust,
Tom Croft, New Century Mortgage
Corporation and Carrington
Mortgage Services, LLC
ii
15. Foreclosure means the legal process by which an owners legal right to a property is
terminated. Typically involves a forced sale of the property at public auction, including
any foreclosure authorized by the TEXAS RULES OF CIVIL PROCEDURE.
16. Mortgagee means grantee, beneficiary, owner or holder of a security instrument, a
book entry system or, if the security interest has been assigned of record, the last person
to whom the security interest has been assigned of record pursuant to Section 51.0001(4)
(A), (B) and (C) of the Texas Property Code.
17. Mortgage means and refers to any and all mortgage loans related to the Plaintiffs
Home located at 6404 Buffalo Speedway, Houston, Texas 77005.
18. Lender means and includes any owner or holder of a Mortgage loan related to the
Plaintiffs Home located at 6404 Buffalo Speedway, Houston, Texas 77005.
19. Beneficiary means and includes any owner or holder of a Mortgage loan related to the
Plaintiffs Home located at 6404 Buffalo Speedway, Houston, Texas 77005.
20. Deed of Trust means any document that pledges real property in order to secure a
loan, including any document that embodies the agreement between a lender and a
borrower to transfer an interest in the borrowers property to a neutral third party, a
trustee, or other entity, to secure the payment of a debt owed by the borrower.
21. Recorded means any document recorded in the real property records in the United
States.
22. Assignment means the act of transferring to another all or part of ones property,
interest, or rights. A transfer or making over to another of the whole of any property, real
or personal, in possession or in action, or of any estate or right therein. It includes
transfers of all kinds of property, including negotiable instruments. The transfer by a
party of all of its rights to some kind of property, usually intangible property such as
rights in a lease, mortgage, agreement of sale or a partnership. Tangible property is more
often transferred by possession and by instruments conveying title such as a deed or a bill
of sale (see Blacks Law Dictionary, Sixth Edition, 1990, page 119).
23. Assignment of Mortgage means any written instrument evidencing the transfer of a
mortgage from one mortgagee, person, or lender to another (see The Arnold
Encyclopedia of Real Estate, 1978).
24. Valid Assignment of Mortgage means having legal strength or force, executed with
proper formalities, incapable of being rightfully overthrown or set aside; founded on truth
of fact; capable of being justified; supported, or defended; not weak or defective; of
binding force; legally sufficient or efficacious; and authorized by law. As distinguished
from that which exists or took place in fact or appearance, but has not the requisites to
enable it to be recognized and enforced by law (see Blacks Law Dictionary, Sixth
Edition, 1990, page 1550).
DEFINITIONS & INSTRUCTIONS
iii
25. Missing Assignment of Mortgage means there is/are gap(s) in the chain of title from
the originating lender to the purported current mortgagee. These gaps are places where, if
another party was assigned the borrowers loan at some a point in time, there should have
been an assignment of mortgage executed.
26. Invalid Assignment of Mortgage is one that purports to connect or attempt to
complete a chain of title through false statement(s), misrepresentation(s) or omission(s)
of material fact(s) in order to deceive or defraud.
27. Fraudulent Assignment of Mortgage means an invalid assignment that was prepared
and/or executed by a natural person who knowingly and willfully created the document
for use in commerce with the knowledge and intention of deceiving or defrauding the
public or with willful disregard for the truth which can form the basis for imputed
knowledge.
28. Mortgage Electronic Registration Systems, Inc. or MERS means the national
electronic database that tracks changes in mortgage servicing rights and beneficial
ownership interests in loans secured by residential real estate. The MERS System is a
wholly-owned subsidiary of MERSCORP Holdings. Its sole purpose is to serve as
mortgagee in the land records for loans registered on the MERS System and MERS
Commercial.
29. With respect to means with regard to, respecting or concerning, to bring into or
establish by association, connection or relation, either direct or indirect. It includes
alluding to, responding to, concerning, connected with, commenting on, regarding,
discussing, describing, evidencing, or pertaining to all facts and issues giving rise to
Plaintiffs last filed Petition.
30. Settlement, as used herein, means (a) an oral or written, disclosed or undisclosed
agreement, bargain, contract, settlement, partial settlement, limited settlement,
arrangement, deal, understanding, loan arrangement, credit arrangement, contingent
settlement, limitation on the amount of liability or judgment, or a promise by or between
plaintiff and any defendant or between any defendant herein whereby plaintiff or
defendant have in any way released or compromised, in whole or in part, directly or
indirectly, or agreed to do so in the future, any of the matters in controversy in this
lawsuit whether before, after or during trial or before or after any jury verdict is returned
herein or a judgment is entered or rendered herein; (b) any resolution of the differences
between the plaintiff and defendant by loan to the plaintiff or any other device which is
repayable in whole or in part out of any judgment the plaintiff may recover against
defendant; (c) Mary Carter Agreements as the term is recognized under Texas Law.
31. The term or shall include the term and and the term and shall include the term
or.
iv
32. The term any shall include the term all and the term all shall include the term
any.
33. The terms relates, relate, and relating to mean pertaining to, referring to,
concerning, directly or indirectly, expressly or implicitly, the subject matter of the
specific request, supports, evidences, constitutes, consists of, or probative of, reflects,
describes, contradicts or comprises.
34. communication includes, without limitation of its generality, statements, discussions,
conversations, speeches, meetings, remarks, questions, responses, panel discussions and
symposia, whether written or oral, formal or informal, at any time or place and under any
circumstances. The term includes, without limitation of its generality, both
communications and statements which are face-to-face and those which are transmitted
by media, including, but not limited to, intercoms, telephones, television or radio.
35. Where the context herein makes it appropriate, each singular word shall include its plural
and each plural word shall include its singular, any masculine word shall include its
feminine form, and any feminine word shall include its masculine form.
36. In answering this discovery, please furnish all information available to you, including
information in the possession of your attorneys or investigators for your attorneys, and
not merely known of your personal knowledge.
37. To the extent you assert any objection to any Interrogatory or request on the basis that the
information sought is exempt or immune from discovery under the provisions of either
the TEXAS RULES OF CIVIL PROCEDURE or the TEXAS RULES OF EVIDENCE, then respond
to so much of the Interrogatory or request which you do not claim to be exempt or
immune. Moreover, with respect to each objection made on the basis that the information
sought is exempt or immune from discovery, identify the objectionable information to the
extent that such information may be later accurately described or identified for purposes
of a Court hearing regarding the objection.
38. In this document, the definition of words or expressions shall be the generally understood
meaning of the words or expressions. To assist you in preparing your answers, please
refer to the definitions provided when responding to each of these Interrogatories.
39. These requests do not seek and are not intended to seek privileged information or
documents. In the event that you withhold information or documents or object to a
request on the grounds of a privilege, identify the applicable privilege, describe the
information or documents that you claim are privileged, and identify all persons and/or
entities that have reviewed the information or documents that you allege to be privileged.
PAGE 1 OF 10
INTERROGATORY NO. 6:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 6 a true and correct copy of the original (Bates No.s
P01812-P01813)?
RESPONSE:
INTERROGATORY NO. 7:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 7 a true and correct copy of the original (Bates No.s
P01817-P01818)?
RESPONSE:
INTERROGATORY NO. 8:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 8 a true and correct copy of the original (Bates No.s
P01822-P01823)?
RESPONSE:
INTERROGATORY NO. 9:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 9 a true and correct copy of the original (Bates No.s
P01827-P01828)?
RESPONSE:
INTERROGATORY NO. 10:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 10 a true and correct copy of the original (Bates
No.s P01832-P01833)?
RESPONSE:
INTERROGATORY NO. 11:
Is the Affidavit of Tom Croft document attached to these
interrogatories as Exhibit 11 a true and correct copy of the original (Bates No.s P01838P01842)?
RESPONSE:
INTERROGATORY NO. 12:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 12 a true and correct copy of the original (Bates
No.s P01846-P01847)?
PAGE 2 OF 10
RESPONSE:
INTERROGATORY NO. 13:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 13 a true and correct copy of the original (Bates
No.s P01851-P01852)?
RESPONSE:
INTERROGATORY NO. 14:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 14 a true and correct copy of the original (Bates
No.s P01856-P01857)?
RESPONSE:
INTERROGATORY NO. 15:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 15 a true and correct copy of the original (Bates
No.s P01861-P01862)?
RESPONSE:
INTERROGATORY NO. 16:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 16 a true and correct copy of the original (Bates
No.s P01866-P01867)?
RESPONSE:
INTERROGATORY NO. 17:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 17 a true and correct copy of the original (Bates
No.s P01871-P01872)?
RESPONSE:
INTERROGATORY NO. 18:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 18 a true and correct copy of the original (Bates
No.s P01876-P01877)?
RESPONSE:
PAGE 3 OF 10
PAGE 4 OF 10
RESPONSE:
INTERROGATORY NO. 26:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 26 a true and correct copy of the original (Bates
No.s P01917-P01918)?
RESPONSE:
INTERROGATORY NO. 27:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 27 a true and correct copy of the original (Bates
No.s P01922-P01923)?
RESPONSE:
INTERROGATORY NO. 28:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 28 a true and correct copy of the original (Bates
No.s P01927-P01928)?
RESPONSE:
INTERROGATORY NO. 29:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 29 a true and correct copy of the original (Bates
No.s P01932-P01933)?
RESPONSE:
INTERROGATORY NO. 30:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 30 a true and correct copy of the original (Bates
No.s P01937-P01938)?
RESPONSE:
INTERROGATORY NO. 31:
Is the Verification of Application and Affidavit document
attached to these interrogatories as Exhibit 31 a true and correct copy of the original (Bates
No.s P01942-P01943)?
RESPONSE:
PAGE 5 OF 10
PAGE 6 OF 10
B.
STANDARD INTERROGATORIES
INTERROGATORY NO. 1:
Identify each person answering these interrogatories,
supplying information, or assisting in any way with the preparation of the answers to these
interrogatories.
RESPONSE:
INTERROGATORY NO. 2:
If you have ever been convicted of a felony or a crime
involving moral turpitude, state the nature of the charge and the date and place of arrest and
conviction. See TEX. R. EVID. 404(a)(1)(B), 609(a).
RESPONSE:
INTERROGATORY NO. 3:
code.
Please list your current home address, city, state, and zip
RESPONSE:
INTERROGATORY NO. 4:
Please list any other addresses where you resided during the
ten years immediately preceding the Incident which is the subject of Plaintiffs Petition.
RESPONSE:
INTERROGATORY NO. 5:
As to each address identified in your answer to interrogatory
number 4, please state whether the address also constituted your mailing address during the
period in which you occupied that address.
RESPONSE:
INTERROGATORY NO. 6:
If you currently own and use a personal cell phone, please
provide the name of your cell phone provider, your cell phone number, and the date you began
using the cell phone provider.
RESPONSE:
INTERROGATORY NO. 7:
Please state your current drivers license number, expiration
date, and the state in which it was issued.
RESPONSE:
MEWS 1ST ROGGS TO CROFT
PAGE 7 OF 10
INTERROGATORY NO. 8:
you were born.
Please state your date of birth, and the city and state in which
RESPONSE:
INTERROGATORY NO. 9:
educational institution.
RESPONSE:
INTERROGATORY NO. 10:
Please identify and list all educational institutions from
which you have received a degree or certificate.
RESPONSE:
INTERROGATORY NO. 11:
Please identify any high school you attended, the date you
graduated, and the city and state where the high school(s) are located.
RESPONSE:
INTERROGATORY NO. 12:
RESPONSE:
INTERROGATORY NO. 13:
If your answer to interrogatory number 12 was yes, please
state the names of the company, companies, and entities where you are currently employed.
RESPONSE:
INTERROGATORY NO. 14:
If your answer to interrogatory number 12 was yes, please
describe your job duties and job description for each company where you are currently
employed.
RESPONSE:
INTERROGATORY NO. 15:
If your answer to interrogatory number 12 was yes, please
state your current rate of compensation at each company where you are currently employed.
MEWS 1ST ROGGS TO CROFT
PAGE 8 OF 10
RESPONSE:
INTERROGATORY NO. 16:
If your answer to interrogatory number 12 was yes, please
identify the name of your immediate supervisor at each company where you are currently
employed.
RESPONSE:
INTERROGATORY NO. 17:
Please identify and list the name and address of each
employer for whom you have worked during the last five years.
RESPONSE:
INTERROGATORY NO. 18:
As to each employer for whom you have worked during the
last five years, please list and describe your job duties and job description during the course of
your employment with each employer.
RESPONSE:
INTERROGATORY NO. 19:
As to each employer for whom you have worked during the
last five years, please identify the names of your immediate supervisor.
RESPONSE:
INTERROGATORY NO. 20:
RESPONSE:
INTERROGATORY NO. 21:
Please list any other names which you have used, if any, and
the inclusive dates during which each name was used.
RESPONSE:
INTERROGATORY NO. 22:
Please list and describe your specialized knowledge,
training, and experience as stated in your Verification attached to these interrogatories as
Exhibit 2 (Bates No.s P00013-P00014).
RESPONSE:
MEWS 1ST ROGGS TO CROFT
PAGE 9 OF 10
PAGE 10 OF 10