IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR

MIAMI-DADE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 10-05211 CA 22
CITIMORTGAGE, INC.,
Plaintiff,
vs.
FRANCISCO A. CORDOVA, et al,
Defendant(s)
___________________________________/

REQUEST FOR PRODUCTION

Defendants, FRANCISCO A. CORDOVA and YVETTE CORDOVA, by and through
their undersigned counsel, and pursuant to the provisions of Rule 1.350, Fla.R.Civ.P., request that
Plaintiff, CITIMORTGAGE, INC., produce the following documents that are in their custody,
possession, or control at the offices of the undersigned attorneys within thirty (30) days of the
date of service noted below:
DEFINITIONS AND INSTRUCTIONS
1.

The following terms, whether plural or singular, shall have the meanings set forth below
wherever used in this request for production and the responses hereto:
a. Person means an individual, natural person, corporation, partnership, firm, joint
venture or other entity or group of natural persons or such entities, singular or plural,
male, female, or neuter gender, as the context may require.
b. The words and and or shall be construed either disjunctively or conjunctively as
necessary to bring within the scope hereof any information which might otherwise be
construed as to be outside the scope of this discovery request.

c. Document or documentation means any written, typed, recorded or graphic

matter, however produced or reproduced, of any kind or description, including
originals, non-identical copies and drafts, and includes all materials within the scope of
Rule 1.350 of the Florida Rules of Civil Procedure, but is not limited to papers, books,
letters, correspondence, telegrams, studies, surveys, contracts, licenses, agreements,
notes, memoranda, inter-office communications, charts, books of account, computer
print-outs, statements, transcripts, bills of sale, legal pleadings, vouchers, bank checks,
bank records, business records, invoices, drafts, promissory notes, charge slips,
statistical records, employee notebooks, desk calendars, appointment books, diaries,
and all communicative materials of any kind.
d. Communication means any contact, oral or written, formal or informal, whereby
information

of

any

nature

was

transmitted,

transferred

or

exchanged.

Communications shall mean any oral or written statement, dialogue, colloquy,

discussion, conversation, or direct or indirect representation and, also, means any
transfer of thoughts or ideas between persons by means of documents and includes any
transfer of data from one location to another by electronic or similar means.
e. Any shall be understood to include and encompass all and vice-versa.
f. Reflecting, reflect or any other derivative thereof as used herein, shall be
construed as referring to, responding to, relating to, pertaining to, connected with,
comprising, memorializing, commenting on, regarding, discussing, showing,
describing, concerning, analyzing and constituting.
g. Related to shall mean, directly or indirectly, refer to, reflect, mention, describe,
pertain to, arise out of or in connection with or in any way legally, logically, or
factually be connected with the matter discussed.

h. Plaintiff means the Plaintiff listed on the style of this case, and any persons acting or
purporting to act on Plaintiffs behalf.
i. Defendants means the Defendants listed on the style of this request, and any persons
acting or purporting to act on Defendants behalf.
j.

Note refers to the promissory note which is the subject matter of the present cause
of action.

k. Loan refers to the monies lent by Plaintiff to Defendants pursuant to the Note.
l. The Action refers to the above-styled civil action.
m. Complaint refers to the Complaint filed in this action.
2.

If the request calls for the description of a communication writing or document as to

which you claim privilege or work product protection, or any other privilege or protection
for any document, identify each document and with respect to each such document, state
the specific basis for the claim for privilege or protection and provide the following
information for each such communication, writing or document:
a. for documents:
i. the type of document;
ii. the general subject matter of the document;
iii. the date of the document;
iv. the author(s) of the document;
v. the addressee(s) of the document;
vi. where not apparent, the relationship of the author and addressee to each other;
and
vii. the specific basis for the claim of privilege or protection.
b. for oral communications:

i. the name of the person(s) making the communications and the names of the
persons present while the communications were made and, where not apparent,
the relationship of the persons present and the person making the communications;
ii. the date and place of communication;
iii. the general subject matter of communication; and
iv. the specific basis for the claim of privilege or protection.

DOCUMENTS REQUESTED
1.

All documents in Plaintiffs possession or available to Plaintiff that establish the

Plaintiffs standing to bring this foreclosure action, including, but not limited to, copies of all
contracts, documents, agreements and other disclosure forms, written communications, notes,
memoranda and records concerning the note and mortgage that are the subject of this action.
2.

Any and all documents related to any interest in the property the Plaintiff seeks to

foreclose, including without limitation, documents appearing in the public records.

3.

Any and all documents in Plaintiffs possession or available to Plaintiff that

establish that the Plaintiff is the legal, beneficial or equitable owner of the promissory note that is
the subject of this foreclosure action.
4.

Any and all documents in Plaintiffs possession or available to Plaintiff that

establish the Plaintiff is the servicer of the loan that is the subject of this foreclosure action.
5.

Any and all documents in Plaintiffs possession or available to Plaintiff that identify

what entity or entities are the beneficial owner of the subject promissory note that is the subject of
this foreclosure action.
6.

Copies of any communications and/or documents evidencing instructions and/or

directions that the Plaintiff has received concerning the filing of this foreclosure action.
7.

Copies of all internal memoranda, instructional or operational memoranda, training

materials and any other materials or documents created or distributed by Plaintiff and/or in the
plaintiffs possession relating to the filing of the subject foreclosure action by the Plaintiff.
8.

Copies of any other communication, notice, records, notes, internal memoranda, or

other documents relating to the filing of this foreclosure action by the Plaintiff.
9.

All contracts between you and any person or entity responsible for servicing the

Mortgage and/or the Note.

10.

All documents in Plaintiffs possession or available to Plaintiff that establish what

entity, if not the Plaintiff, that is the servicer of the loan that is the subject of this foreclosure
action.
11.

A copy of all loan and mortgage purchase agreements made or entered into

between Plaintiff and any other entity in reference to the subject transaction.
12.

A copy of all recorded assignments of mortgage and note as it pertains to the note

and mortgage sued upon.

13.

Any and all documentation in your possession related to the underwriting,

qualification and extension of credit to the Defendants in the instant loan.

14.

Any and all documents that tend to establish that the Defendant is indebted to the

Plaintiff.
15.

All correspondence between any debt collector acting on behalf of the Plaintiff to

the Defendant from four years before the date of the request to the present. This includes the law
firm representing the Plaintiff in this action.
16.

All correspondence between the Plaintiff and Defendants from four years before

the date of the request to the present.

17.

A payment history for the Loan from four years before the date of the request to

the present.
18.

All documents which evidence any payments made to Plaintiff by Defendants

pursuant to the Loan.

19.

An escrow reconciliation for the loan from four years before the date of the

request to the present.

20.

Any and all documents evidencing or related to any disclosures actually made by

Plaintiff to Defendant pursuant to the Federal Truth in Lending Act.

21.

Any and all documents evidencing or related to any correspondence or

communication between the Plaintiff and any credit reporting agency (i.e., TRW, Equifax,
Transunion) regarding the Loan from the date of its inception to the date of this request to
produce.
22.

Any and all verification of the debt sued upon as required by the Fair Debt

Collection Practices Act, including but not limited to reinstatement figures and payoff figures
provided by the creditor and not the creditors attorney.

23.

Any and all written notice to Defendant(s), prior to acceleration of the loan, which

specified: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by the Mortgage, foreclosure by judicial proceeding and sale of
the property.
24.

All documents that the Plaintiff will introduce at trial or at a hearing on a Motion

for Summary Judgment, including impeachment or rebuttal documents.

DORTA & ORTEGA, P.A.

________________________
Omar Ortega, Esq.
Florida Bar No. 0095117
oortega@dortaandortega.com
Alina F. Nuez, Esq.
Florida Bar No. 0014589
anunez@dortaandortega.com
Douglas Entrance
800 S. Douglas Road, Suite 149
Coral Gables, Florida 33134
Phone:(305)461-5454
Facsimile: (305)461-5226
Attorneys for Defendants
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by
email and U.S. Mail on August ______, 2012 to:
Jonathan L. Blackmore, Esq.
PHELAN HALLINAN PLC
888 SE 3rd Avenue
Suite 201
Ft. Lauderdale, FL 33316
jonathan.blackmore@phelanhallinan.com
Attorneys for Plaintiff

_______________________________
ALINA F. NUEZ