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Case 2:14-cv-01640-LDW-ARL Document 50 Filed 03/13/15 Page 1 of 3 PageID #: 954
Sheehan & Associates, P.C.
Attorneys at Law
Via ECF and First-Class Mail

Honorable Arlene R. Lindsay
United States District Court Judge
Eastern District of New York
815 Federal Plaza
Central Islip, NY 11722
10 Middle Neck Road, Ste. 200, Great Neck, NY 11021

Tel: (347) 635-4160/Fax: (516) 234-7800
spencer@spencersheehan.com
March 13, 2015
Re:
Dear Judge Lindsay:
BSI Mortgage IV, LLC v. Kaushik et al.

Docket No. 14-cv-01640 (LDW)(ARL)
This firm is counsel to defendant Kaushik in the above-entitled action. This response is in
opposition to the letter-motion filed by counsel for movant Crosby Capital USA LLC (Crosby)
seeking to quash the properly noticed and served subpoena ad testificandum and subpoena duces
tecum (subpoenas) upon Crosby Capital. Dckt. No. 42.
Counsel demands the Court quash the subpoenas served by defendant pursuant to Rule
45(d) of the F.R.C.P., because, as he cites in his letter, it seeks irrelevant and immaterial
information resulting in an undue burden on non-party Crosbys legitimate privacy interest.
Counsel also cites Rule 45(d)(3)(A) providing that the issuing court must quash or modify a
subpoena thatrequires disclosure of privileged or other protected matter, if no exception or waiver
applies; or subjects a person to undue burden.
Movant has correctly argued that [a] subpoena that pursues material with little apparent or
likely relevance to the subject matter,is likely to be quashed as unreasonable even where the
burden of compliance would not be onerous, particularly where, as here, the person or entity on
whom the demand is made is not a party to the action. Corbett v. eHome Credit Corp., No. 10CV-26 (JG)(RLM), 2010 WL 3023870, at *2 (E.D.N.Y. Aug. 2, 2010).
Parties may obtain discovery regarding any non-privileged matter that relevant to the subject
matter in the pending litigation. Rule 26(b)(1). The information sought need not be admissible at
trial as long as the discovery appears reasonably calculated to lead to the discovery of admissible
evidence. Rule 26(b)(1). See Daval Steel Prods. v. M/V Fakredine, 951 F.2d 1357, 1367 (2d Cir.
1991); Morse/Diesel, Inc. v. Fidelity & Deposit Co., 122 F.R.D. 447, 449 (S.D.N.Y. 1988).
FCI Lending Services, Inc. (FCI) is/was the company used by plaintiff (plaintiff or
1
BSI) to service the mortgage on the subject premises. Through a lawful subpoena to FCI, properly
noticed to plaintiff, defendant received a copy of the Specialty Loan Servicing Agreement (Servicing
Agreement) of December 26, 2013. Exhibit A. The email listed is yonel@crosbycapitalusa.com.
Crosbycapitalusa.com is the domain name of Crosby Capital USA LLC. Defendant also received
the Loan Servicing Setup Form (Setup Form) of December 13, 2013, in which the contact
company is listed as Crosby Capital USA LLC and the contact name listed was Yonel Devico.
Exhibit B. Both were signed and/or initialed by Devico.
While Crosby listed the Investor/Lender Information as BSI Mortgage IV LLC, that
does not permit Crosby to disclaim any connection to this action. From the Setup Form, it appears
that the bank account from which payment was made to FCI was one held in the name of Crosby.
This is because the form specifies that the client include such information only if[]other than as
INVESTOR/LENDER. Therefore, BSI was not the entity that made the payments to FCI.
Defendants defenses in this action are, in part, based upon the lack of diversity
jurisdiction. To demonstrate this, defendant must show, among other things, that (i) BSI is not a
legitimate entity (i.e., it is sham or front company), (ii) the company which BSI is a front for has
a connection to New York (i.e., if BSI is a front for another LLC, the membership of that LLC will
need to be examined) and/or (iii) BSI is controlled, directed and/or operated by at least one (1)
person who is a citizen of New York. This can only be done by permitting discovery against Crosby.
In examining diversity jurisdiction in the context of LLCs, the Courts of this Circuit have
held that citizenship determination requires an exploration of the citizenship of the constituent
entities as far down as necessary to unravel fully the citizenship of the entity before the court.
Bayerische Landesbank, N.Y. Branch v. Aladdin Capital Management, LLC, 692 F.3d 42, 49
(2012). Bayerische was a diversity action against Aladdin Capital Management LLC (Aladdin).
692 F.3d at 49. Aladdin's sole member was ACH, whose membership was one limited partnership,
four U.S. citizens and five corporations. The Court found Aladdin possessed the citizenship of
ACH, which possessed citizenship of each of its 10 members, declaring: [D]efendant Aladdin is a
citizen of the various states of the United States of which its member, ACH, is a citizen (through
ACH's members). Id. at 51.
Additionally, defendant seeks to establish the connection between Crosby and Yonel Devico.
From all apparent information, Yonel Devico is a member of Crosby. In fact, he may be the only
member. This is relevant to the extent that Crosby is the alter-ego of Yonel Devico and the business
vehicle through which this action has been perpetrated. Martin v. D.B. Martin Co., 10 Del.Ch.
211, 217, 88 A. 612, 615 (1913) (It must be in the power of the court to look through these legal
fictions to the equitable realities and see by whom and through what agencies the wrong is done and
on whom the loss ultimately falls.") as cited by NetJets Aviation, Inc. v. LHC Communications,
LLC, 537 F. 3d 168 (2d Cir., 2008).
Upon conducting a deposition and reviewing documents provided by Crosby, defendant,
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and this Court, will be able to determine if Crosby is in fact the real party in interest to this action.
Rule 17(a)(3). Rule 17(a)(3) also sets forth that a court may not dismiss an action for failure to
prosecute in the name of the real party in interest until, after an objection, a reasonable time has
been allowed for the real party in interest tobe substituted into the action. In Re Residential
Capital, LLC (Bankr. Court, S.D.N.Y, 2015). This determination will actually be favorable to
plaintiff, since they may be able to substitute in Crosby as a plaintiff.
As to the relevance of requests made by defendant as to the proof of resident alien,
nonresident alien, lawful permanent resident or other immigration status of past and present
members of Crosby, its relevance is in order to allow defendant to trace any funds used by Crosby to
provide payment to FCI, and other non-parties to this action. A foreign member of an LLC is
required to obtain an Individual Taxpayer Identification Number (ITIN) in order to file Form
1065 with the IRS. Whether Crosby claims any members who reside abroad, verifying that these
are not merely paper members can be done through a confirmation of their ITIN and Form 1065.
Without being aware of the citizenship status of the members of Crosby Capital, defendant will be
unable to seek the proper documentation that would confirm their bona fide, beneficial interest in
Crosby. This would force defendant to request discovery materials in an overly broad fashion which
is not in the interest of either party or this Court.
As to the relevance of telephone records sought by defendant, these are relevant for reasons
outlined in docket entries 46, 47 and 48: to place Crosby, and not plaintiff, at the center of this
action, thereby permitting defendant to ascertain the identity of the real party in interest and/or the
beneficial members thereof.
Finally, that movant, through its counsel, requests the quashing of the subpoenas by calling
them (again) a fishing expedition is discredited by the attached exhibits and the emails, obtained
via the aforementioned subpoena to FCI. In the attached emails, Mr. Weinreb, a man whose
integrity apparently matches that of his clients in this matter, is copied on, and responds to emails
where the recipients are Yonel Devico, using the email addresses of yoneldevico@gmail.com and
yonel@crosbycapitalusa.com. Perhaps Mr. Weinreb, Crosby, Yonel Devico et al. were unaware that
litigation before a federal court with a determined and dogged adversary would result in the exposure
of their misdeeds. At another juncture in this action, defendant may move appropriately against Mr.
Weinreb and other persons or entities which are involved. At present, defendant requests that this
Court, deny, with prejudice, movants motion to quash the subpoenas directed to Crosby.
Respectfully submitted,
/s/ Spencer Sheehan
Spencer Sheehan
Attachments/Exhibits (5)
cc:
Counsel of Record (first-class mail and CM-ECF)

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Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 1 of 9 PageID #: 957
EXHIBIT A
DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

12/26/2013
FCI Lender Services, Inc.
Loan Servicing Specialty Servicing

(800) 931-2424
(714) 282-2424
Default
Fax: (714) 282-5775
SPECIALTY LOAN SERVICING AGREEMENT

(Full Collection Servicing Program)
Loan Account: 9900040675
Lender Account: BSIMORTGAG
Borrower
Vekram Kaushik
Lender
BSI Mortgage IV LLC
This Specialty Loan Servicing Agreement (the Agreement) is dated 12/26/2013 and is between FCI Lender Services, Inc., a California corporation
doing business as FCI, as Servicing Agent, licensed as a California Real Estate Broker by the State of California (hereafter referred to as Servicer),
and the Lender or Lenders whose signatures appears below and in counterparts to this Agreement, (together, hereafter referred to as Client), who is the
lender, originator, owner, owner of an interest therein, holder or transferee of certain promissory notes (the Notes) secured by Deeds of Trust (the
Deeds of Trust), mortgages (the Mortgages), or other instruments (Instruments, with Deeds of Trust and Mortgages, each, a Security Instrument),
including the loan account number and borrower referenced above and/or referenced in attached Lender Statements listing borrowers, if more than one
loan, for its own account or private and institutional investors or lenders (the Lenders) and is licensed as a mortgage broker or other entity, license
number _____________ or is exempt from licensure. Servicer may have additional agreements including sub servicing or fee arrangements with brokers
(Brokers) or other entities related to the Notes and Deeds of Trust, Mortgages or Instruments comprising the loans (the Loans) subject to this
Agreement, but, as expressly set forth herein, any such agreements will have no impact on any of the terms and conditions of this Agreement with Client.
Client hereby authorizes and instructs Servicer and Servicer agrees to service the Notes and Deeds of Trust, Mortgages or Instruments and in that
connection, to do the following:
1.0
Scope. Client retains Servicer as Clients agent to employ commercially reasonable and prudent practices to collect all scheduled payments on
all Loans subject to this Agreement including the enforcement of specific Lenders rights of processing demands, processing or coordinating foreclosures,
and prepare, execute and record reconveyances/releases and Substitution of Trustee on behalf of Client. Client must supply to Servicer all available
relevant documents of the Loan file including, but not limited to Notes, Deed/Mortgages, Modification Agreements, Forbearance Agreements,
Assignments or any other document effecting condition of title or payment distribution and showing the correct Beneficiary, needed by Servicer to
complete its tasks, including but not limited to, file setup, servicing functions, and to satisfy regulatory requirements, before servicing functions will be
performed, continued, or funds distributed. Upon any occurrence that could impact servicing functions, including but not limited to, Assignment of
Beneficial Interest, modification of Loan terms, Client must notify Servicer immediately of such occurrence and provide copies of relevant documents
before servicing functions will be performed, continued, or funds distributed. Servicer shall follow instructions from Client if Client is majority owner of
Loans, and/or from originating Broker in accordance with a Master Servicing Agreement with such originating Broker, unless directed in writing or by
email by Client otherwise. If the Loan is owned by multiple Lenders (a Multi-Lender Loan), Servicer shall attempt to consult with all Lenders but shall
follow instructions from the Majority. A Majority is determined by 51% or more ownership of the Note. A default upon any interest in the Note shall
constitute a default upon all interests. The Majority may determine and direct the actions to be taken on behalf of all Lenders in the event of default or
with respect to other matters requiring the direction or approval of Lenders, including but not limited to, designation of Brokers, servicing agents or
others acting on their behalf and the sale, encumbrance or lease of any real or personal properties which may be owned by Lenders as the result of
foreclosure or receipt of a deed in lieu of foreclosure, or modification or forbearance of the Loans. Servicer shall consult with Client, Majority, and/or
originating Broker, as the case may be, on non-routine collection matters. Servicer shall not, however, enter into any modification or forbearance of the
Loans with any borrower without the express written permission of the Lenders (or a Majority of Lenders in a Multi-Lender Loan).
1.1
Analyzed Trust Account Disclosure. Client authorizes Servicer to deposit all funds received in connection with this Agreement into an
analyzed trust account at an FDIC insured bank. The analyzed trust account accrues credits that are used to offset bank service charges assessed to
Servicer, which provides a financial benefit to Servicer. Any unused credits not used to offset bank service charges will not benefit Client in any manner.
1.2
Duties and Responsibilities. All of Servicers duties are specified within this Agreement. If the duty is not specifically addressed within
this Agreement, Servicer has not undertaken the particular duty. Duties and functions not specified in this Agreement are the responsibility of the
Client.
2.0
Term and Termination. This Agreement shall begin on the date set forth above. The appointment of Servicer as Servicing Agent hereunder
shall continue until each Loan is paid in full, servicing is transferred, or 30 days after either party to this Agreement gives written notice or email notice to
the other of its intent to terminate this Agreement. On an individual Loan basis, this Agreement shall terminate as to that Loan when any of these events
occur: (a) payment in full of the Loan and reconveyance of the related Security Instrument securing the related Loan; (b) 30 days written notice by
Servicer to Client; (c) 30 days written notice by Client to Servicer (unless a shorter period of time is permitted under certain circumstances as provided in
this Agreement or applicable law), or (d) recordation of a Trustees Deed or Sheriffs Deed following a foreclosure of the Loan. All rights and authority
under this Agreement shall continue upon written authorization by the Client for Servicer to handle the property management and property liquidation
resulting from foreclosure.
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Servicer initial: JS Client initial:_____
GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909
FCI PO BOX 27370 ANAHEIM CA 92809-0112 NMLS# 4920 CA DRE# 01022780 www.trustfci.com
2.1
Upon termination of this Agreement in its entirety or as to any one Loan, Servicer shall deliver to Client all of Clients funds, an appropriate
accounting and all necessary documentation. At termination of all Loans or a terminated Loan, Client shall reimburse Servicer for any outstanding
advances made pursuant to paragraph 4.0 within twenty (20) days upon written demand by Servicer to Client.
2.2
If Client terminates or transfers servicing on any of the Loans subject to this Agreement to another party or servicer other than Servicer, Client
must first pay in full all servicing and related fees due Servicer and a $75 per Loan servicing termination and transfer fee, then Servicer will create and
send the corresponding RESPA goodbye letters, Master Reports, and transfer relevant escrow/impound amounts. Unless waived by Servicer, Client
must provide proof of proper registration/licensing of new servicer before Loans will be transferred. Additional requests may be subject to customary
and reasonable additional charges. If any Loan being serviced by Servicer is government regulated, such as an existing HAMP loan, then Servicer will
only transfer beneficial interest in the Loan and/or servicing to a Lender and/or servicer meeting the regulatory requirements. Servicers compensation in
any area is subject to change upon 30 days written notice to Client; Client may avoid changes by terminating this Agreement in writing at any time during
said 30 day period, and Client shall not be liable for the foregoing transfer fee. Invoices to Client for services provided by Servicer, or arranged
through Servicer, are due upon receipt and payable within 20 days, after which time they will be considered delinquent and subject to a 10%
past due charge; provided, however, that if Client disputes any amounts reflected in such invoices, Client and Servicer agree to work
together in good faith to resolve such disputes. If Clients account becomes delinquent, all activities of Servicer on behalf of Client may
cease.
2.3
Servicers Right of Interpretation. In accordance with various and changing State and/or Federal Laws, State and/or Federal Case Law, and
Servicers interpretation of such laws, proper procedures and risks, Servicer reserves the right to: (a) determine how advances and/or late charges are
assessed and to adjust all unpaid late charges or assessments of late charges accordingly; (b) apply the default interest rate only after the foreclosure has
been recorded on owner occupied Loans, and apply the default interest rate normally after the foreclosure has been recorded on non owner occupied
Loans; or (c) determine the interpretation and application of other terms and conditions of the Note. By continuing to hire Servicer to service the Loan,
Client agrees that Servicer may decline to enforce certain provisions of the Note as noted above. By declining enforcement of certain provisions,
Servicer may effectively waive those provisions on behalf of Client. Client agrees to such waiver by continual hire of Servicer and shall have no cause of
action against Servicer due to Servicers determination not to act in accordance with this section.
If Servicer determines that a Loan is predatory in nature, or the Loan does not comply with federal or state requirements, or at any time during servicing
of the Loan becomes predatory in nature or does not comply with federal or state requirements, Servicer can refuse to accept the Loan for servicing or can
cancel any existing servicing or functions by Servicer related to the Loan as provided above by giving thirty (30) day's written notice. Servicer reserves
the right not to pursue or continue any foreclosure on any asset it services if Servicer reasonably believes that foreclosure, or the terms and conditions
provided or established by Client, will violate state or federal law or company policy.
2.4
Fund Accounts. Servicer shall not: (a) commingle Servicers assets with Lenders or Borrowers payments. All Lender and Borrower funds
will be held in a segregated, monthly reconciled, quarterly audited, non-interest bearing trust account.
2.5
Servicer Notices and Audit. Servicer as servicing agent for notes or interest sold pursuant to California Business and Professions Code
10238, upon which payments due during any period of three consecutive months in the aggregate exceed one hundred twenty-five thousand dollars
($125,000) or the number of persons entitled to the payments exceeds 120, Servicer shall file the notice required by subdivision (a) with the
commissioner within 30 days after becoming the servicing agent. Said Servicer is required to have all trust accounts audited by a CPA and those results
forwarded to the California Department of Real Estate.
3.0
Loan Documents. Client or its custodian shall retain custody of the original Note and Deed of Trust or Mortgage for the Loans (or assignment
thereof), unless Servicer is specifically authorized by Client and agrees to retain such documentation. If Servicer is to maintain custody of the original
Note and Security Instruments for the Loans (or assignment thereof), there will be an additional housing fee of $250 per Loan per year.
4.0
Protective Advances. Client or Lender may make such advances as approved by the Majority or, if Client is the only owner of the Loans,
such advances that are necessary and prudent to protect and to collect Clients interest in the Loans. If the Loan is a Multi-Lender Loan, and Client fails
to make advances approved by the Majority, other owners of the Loan are authorized to advance the amount Client failed to advance and to receive
payment in full before any further payments to Client. Client must immediately notify Servicer in writing or by email of any such advances. As a normal
course of business, Servicer will not advance any funds on Clients behalf and Servicer hereby agrees to and shall obtain Clients prior written or emailed
approval before incurring any financial obligations on behalf of Client.
5.0
DELINQUENT LOAN PROGRAM Specific Functions. Servicer shall in accordance with industry standards and applicable laws, rules and
regulations: (a) issue monthly statements to the borrower on each Loan directing Loan repayment to Servicer; (b) issue Late Notices calculating in any
late fees due; (c) issue Final Notices warning of the possibility of foreclosure if payment is not received; (d) obtain property values and title information
as agreed; (e) on Loans that do not use the Optional Escrow/Impounds service, notify Client of any known, actual or pending ineffectiveness of insurance
on Loans that Client has related insurance coverage, and Client files a Loss Payee Notice with the insurer listing both Client and Servicer for notice,
however Servicer will not provide forced placed insurance, but can refer Client to an independent insurance provider for direct placement, and Servicer is
not responsible for the consequences of any non payment of insurance; (f) on Loans that do not use the Optional Escrow/Impounds service, receive
notices of property tax delinquencies and notify Client of any known non payment of taxes if Client has signed up for a Tax Service and listed Client and
Servicer for notices of non payment of taxes, however Servicer is not responsible for the consequences of any non payment of taxes; (g) use active
collection efforts including outgoing collection calls at different hours on different days as needed to contact borrower (unless satisfactory arrangements
have been made), skip trace, letters of understanding, facilitate loan modification agreements at direction of Lender, facilitate forbearance agreements at
direction of Lender, facilitate short payoffs at direction of Lender, facilitate short sale coordination at direction of Lender, as mutually agreed; (h)
coordinate bankruptcy relief and legal issue resolution as agreed; (i) address known city/municipal notices and issues; (j) manage property preservation
and securing as mutually agreed by Client and Servicer; (k) coordinate REO property management, evictions and property sale as mutually agreed by
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Client and Servicer; (l) issue payoff demands, beneficiary statements and mortgage ratings; (m) demand, receive and collect all Loan payments, deposit
them immediately or by the next business day into Servicers trust account maintained in accordance with California BCP 10238(k) within the provisions
for trust accounts of licensed real estate brokers, and upon sufficient time to clear funds, transfer by bank wire (ACH) or check Lenders and/or Clients
share of such funds (net proceeds) in accordance with instructions provided to Servicer, normally within 10 days of receipt or upon sufficient time to clear
funds (but not more than twenty-five (25) days from the time funds have been cleared); (n) issue annual income tax statements (1098 and 1099-INT) to
all borrowers and Lenders; (o) answer borrower inquiries, demands and requests; (p) execute and deliver on Clients behalf and in Clients name any
documents necessary or convenient for the exercise of any rights or duties which Client may have as servicing agent under the Security Instruments,
including but not limited to preparing and issuing Requests for Reconveyance or Release, recording a Full or Partial Reconveyance or Release and
Beneficiary Statements; (q) convey Payoff Demands within three business day of receipt by Servicer to Client for written or email approval, and if
Clients written or email approval is not received by Servicer within the following two business days, Servicer shall possess the right to assume the
Payoff Demand to be correct and accept it; and (r) with the consent of the Client, Lender or the majority of Lenders, as the case may be, Servicer shall
coordinate foreclosures when directed to do so in writing or by email. Client must give Servicer exclusive right to coordinate all California real
estate related foreclosures with respect to such Loans. Foreclosure fees shall not exceed state statute for foreclosure fees. Administrative fees and/or
deposits are required from Client in order for Servicer to coordinate the initiation of foreclosures. When Loans submitted as delinquent are brought
current, they will automatically be switched to the Performing Loan Program.
6.0
DELINQUENT LOAN PROGRAM Compensation. For its services, Servicer shall earn a monthly servicing fee of $95 per Loan for each
and every Loan in the Servicers system that was submitted as delinquent, billed equally if multiple Lenders. Loans over $1,140,000 are subject to an
annual servicing fee of 0.10% of the unpaid principal balance of the Loan paid monthly (for example: 0.10% of $1,140,000 UPB divided by 12 equals
$95). There is a one time Loan Setup and File Scrubbing Fee of $45 per standard Loan, reduced to $25 per standard Loan if 10 or more standard Loans
are submitted at one time, that is to be included when submitting the Loan for servicing. Servicer shall be entitled to a $45 administration fee for resetting
a Loan after a Loan is set up in servicing due to Assignment, disbursement, draw, modification or similar situation. Servicer will retain: (a) all fees for
payoff demand statements and related documents, and returned check charges, if applicable; (b) 100% of the standard monthly loan servicing fee based
on each and every Loan as long as the Loan is in our servicing system, including during the foreclosure process, bankruptcy relief, the REO sales process,
and payment process. The monthly servicing fee earned by Servicer and all hard costs incurred in the normal transaction of business, including but not
limited to actual attorneys fees, foreclosure costs, property valuations, title fees, property preservation costs, municipal charges, taxes, and agent fees
may be deducted from Client or Lenders proceeds, charged to a Client Credit Card kept on file by Servicer, deducted from an established expense
Reserve Account, or may be billed separately, as determined by Servicer. All hard costs in excess of $100 must be approved by Client in writing, or by
email, before being incurred by Servicer. Extraordinary activity and special requests may be subject to reasonable additional charges. Servicers
compensation is subject to change upon 30 days written notice to Client; Client and Lenders may avoid changes by terminating this Agreement in writing
at any time during said 30 day period. Fees for certain documents and services, if available, will be charged according to the General Fee Schedule listed
on www.trustfci.com.
7.0
PERFORMING LOAN PROGRAM Specific Functions. Loans that are new or performing when submitted will be started under the
Performing Loan program. If required information is supplied and associated fees are paid, in addition to the items in 5.0 a, b, c, l, m, n, o, p, q and r
Servicer shall: (a) on Loans that do not use the Optional Escrow/Impounds service, notify Client of any known, actual or pending ineffectiveness of
insurance on Loans that Client has related insurance coverage, and Client files a Loss Payee Notice with the insurer listing both Client and Servicer for
notice, however Servicer will not provide forced placed insurance, but can refer Client to an independent insurance provider for direct placement, and
Servicer is not responsible for the consequences of any non payment of insurance; (b) on Loans that do not use the Optional Escrow/Impounds service,
receive notices of property tax delinquencies and notify Client of any known non payment of taxes if Client has signed up for a Tax Service and listed
Client and Servicer for notices of non payment of taxes, however Servicer is not responsible for the consequences of any non payment of taxes; (c)
attempt at least once to contact borrower at any of the phone numbers in Servicer's file if Loan is over 15 days delinquent (unless satisfactory
arrangements have been made). Loans under the Performing Loan program that do not make payments for 2 months will automatically be switched to
the Delinquent Loan Program when they miss the 3rd payment, and present and past due uncollected servicing fees and the Delinquent Loan Program
servicing fees will be charged.
8.0
PERFORMING LOAN PROGRAM Compensation. For its services, Servicer shall earn a monthly servicing fee on each Loan in the
Servicers system that qualifies as performing of $30 per Loan for one Lender plus $15 per month per additional Lender, billed equally. Servicer shall be
entitled to an additional $5 per month per Lender for a HELOC and/or Variable Loan. Loans over $600,000 are subject to an annual servicing fee of
0.10% of the unpaid principal balance of the Loan paid monthly (for example: 0.10% of $1,000,000 UPB divided by 12 equals $83 per month), or $15
per month per Lender, whichever is greater. Loans in Bankruptcy are treated as two Loans, a pre petition Loan and a post petition Loan. There is a one
time Loan Setup and File Scrubbing Fee of $45 per standard Loan, reduced to $25 per standard Loan if 10 or more standard Loans are submitted at one
time, or $150 per performing Bankruptcy or Forbearance Plan Loan that is to be included when submitting the Loan for servicing. Servicer shall be
entitled to a $45 administration fee for resetting a Loan after a Loan is set up in servicing due to Assignment, disbursement, draw, modification or similar
situation. Servicer shall be entitled to: (a) all fees for payoff demand statements and related documents, returned check charges, if applicable; (b) 50% of
paid monthly late charges; (c) 100% of the standard monthly Loan servicing fee during the foreclosure process. The monthly servicing fee earned by
Servicer and all hard costs incurred in the normal transaction of business, including but not limited to actual attorneys fees, foreclosure costs, property
valuations, title fees, property preservation costs, municipal charges, taxes, and agent fees may be deducted from Client or Lenders proceeds, charged to
a Client Credit Card kept on file by Servicer, deducted from an established expense Reserve Account, or may be billed separately, as determined by
Servicer. All hard costs in excess of $100 must be approved by Client in writing, or by email, before being incurred by Servicer. Extraordinary activity
and special requests may be subject to reasonable additional charges. Servicers compensation is subject to change upon 30 days written notice to Client;
Client and Lenders may avoid changes by terminating this Agreement in writing at any time during said 30 day period. Fees for certain documents and
services, if available, will be charged according to the General Fee Schedule listed on www.trustfci.com
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9.0
Optional ESCROW/IMPOUNDS SERVICE. To the extent required by the Loan documents, Servicer can provide the following property
insurance and property tax service for first position Loans for $15 per Loan per month. This fee will be added to the monthly loan servicing fee and
prorated to the respective Lenders.
If this optional service is requested in writing or by email by Client and accepted in writing or by email by Servicer, and if all required information is
supplied per the FCI Loan Servicing Checklist, and associated fees are paid, when the borrowers monthly payment includes amounts for the
payment of insurance and/or property taxes, Servicer will collect and hold those proceeds in a trust account insured by the Federal Deposit Insurance
Corporation and disburse the scheduled payments to the respective authority as scheduled. Any funds remaining in the account after full repayment
of the Loan shall be released to the borrower. Client may direct Servicer, upon acceleration of the Loan due to default, in Clients sole subjective
discretion, subject to any applicable law, including RESPA which may prohibit such direction, how to apply the funds it receives toward reduction of
the amount owed under the Loan documents (applied to advances, principal, interest or other expenses, in the Servicers sole discretion), completion
of any work on the property securing the Loan, protection of the property or other purposes permitted by this Agreement, the Loan documents or law,
or any combination thereof. Servicer accepts no responsibility for the consequences of incorrect information supplied by Client or Lender. Servicer is
not responsible for the consequences of any non-payment of insurance or property taxes. If any interest on the balances aggregated is required by
applicable law to be paid to the borrower for impounding borrowers monies, Client will be responsible to pay such interest on demand by Servicer.
If a borrower's escrow funds are insufficient to pay insurance and/or property taxes, Client shall immediately advance to Servicer's escrow account
funds sufficient to cover the shortage; Client's failure to do so may jeopardize Client's lien position due to the failure of insurance and/or property
taxes, and Servicer accepts no responsibility for Client's failure to make such an advance provided such failure was not the result of an act or
omission of Servicer or its agents, employees or vendors. Whenever possible, Client's advance will be recovered from borrower's subsequent
payments into escrow for insurance and/or property taxes proceeds.
9.1
Insurance and Taxes. If the borrowers monthly payment does not include amounts for the payment of insurance and/or property taxes, it
is the responsibility of the Client to: a) verify insurance coverage annually and send copies of insurance coverage to the Servicer, however Servicer
is not responsible for the consequences of any non-payment of insurance; b) check for payment of taxes annually or use a Tax Service; Servicer may
receive notices of property tax delinquencies and notify Client of any known non payment of taxes if Client has signed up for a Tax Service and
listed Client and Servicer for notices of non payment of taxes, however Servicer is not responsible for the consequences of any non payment of taxes.
Servicer accepts no responsibility for the consequences of incorrect information supplied by Client.
9.2
Optional REO MANAGEMENT & SALES SERVICE. Servicer can provide REO management and sales service for most properties for an
industry standard 6% listing per property with a $3000 minimum and a $95 per month management fee. Certain properties deemed by Servicer as not
fitting the norm may be negotiated separately with Client, and acceptance of any order is at the sole discretion of Servicer. Client must request this service
in writing or by email per property and return a signed REO Servicing Authorization form to be supplied by Servicer. There is a $750 deposit (the
Deposit) required with each REO order unless Client maintains a reserve account with Servicer. There is a cancellation fee, and possibly additional fees
from a selected field services vendor, separately disclosed in Servicer's Authorization to Market REO agreement, and possible expenses that will be
applied against the Deposit if the order is cancelled after submission to Servicer and before the end of the listing period, unless there is gross negligence
on the part of the listing agent or Servicer, with any balance being refunded to Client within 25 days of file closing. If the property is sold and finalized,
the Deposit will be credited against fees due. If the listing expires without sale, the Deposit will be refunded within 25 days of listing expiration date.
10.0
No Additional Obligations of Servicer. Client acknowledges that Servicer has no obligation, other than described elsewhere in this
Agreement, to make any payment (other than the forwarding of a borrowers payment) to or on behalf of Client, to senior liens or to otherwise protect
or enforce the Clients security or rights hereunder. In the event any payment collected for the benefit of Client is returned NSF or uncollectible in
Servicers Trust Account, Client will immediately upon notification from Servicer, return Servicers uncashed Trust Check, or immediately reimburse
Servicers Trust Account the full amount received from Servicers Trust Check. In no event is Servicer obligated to cover or make good Borrowers
shortages in Servicers Trust Account. Servicer is hereby authorized to place a Stop Payment on Clients Trust Check from Servicer, or reverse any
ACH (Electronic Funds Transfer) whenever the representing funds are returned NSF or uncollectible in Servicers Trust Account. Servicer may
deduct such amounts from any proceeds due Lenders. Servicer is not liable for any losses related to Loan adjustments from variable rate, HELOC, or
other similar type Loans , or changes in Loan terms due to modification, unless notified in writing by the Client or Lender of the adjustment.
Changes shall become effective no sooner than two weeks after this notification is received by Servicer. Servicer does not offer senior lien monitoring,
but can refer Client to an independent service provider. Client is responsible on junior liens for verifying insurance coverage and tax payments with
senior liens. It is the responsibility of the Client to track maturity dates and, if desired, request Servicer to prepare a Maturity Notice to the Borrower for a
fee. It is the responsibility of the Client or Lender to periodically monitor Loan Data, Borrower payments and servicing activity by using the
Servicers web Customer Login at www.trustfci.com, or by reading the monthly report sent by Servicer. If Client requires or requests additional
reporting beyond what is provided by Servicer using its standard reporting and web login, there will be additional reasonable charges for setup,
custom report templates, programming, maintenance, and regular distribution of such information.
11.0
Indemnification. Servicer shall indemnify, defend and hold Client and its trustees, officers, employees, representatives, members,
directors, parent companies, affiliates, subsidiaries, successors and assigns harmless from any and all claims, demands, causes of action, losses,
damage, fines, penalties, liabilities, costs and expenses, including reasonable attorneys fees and court costs, sustained or incurred by Client by reason
of or arising directly from third party claims that were caused by or resulted from (a) any actions or omissions by Servicer, Servicer's sub servicers,
contractors, or agents, that are outside the scope of its authority hereunder except to the extent Client has approved of the action in writing that was
outside the scope of its authority and/or (b) taking any action, or refraining from taking any action, with respect to any Loan or property, by Servicer,
Servicer's sub servicers, contractors, or agents, that result from the malfeasance, willful misconduct, gross negligence, breach of this Agreement or a
failure by Servicer to act in compliance with the terms of this Agreement. The foregoing indemnification shall survive the termination of this
Agreement.
4 of 8
Client shall indemnify, defend and hold Servicer and its officers, employees, representatives, members, directors, parent companies, affiliates,
subsidiaries, successors and assigns harmless from any and all claims, demands, causes of action, losses, damage, fines, penalties, liabilities, costs
and expenses, including but not limited to reasonable attorneys fees and court costs, sustained or incurred by Servicer by reason of or arising directly
from third party claims or actions that were caused by or resulted from but not limited to (a) any actions or omissions in respect of any Loan or
property of any prior servicer, sub-servicer, owner or originator of a Loan or property, and/or (b) taking any action, or refraining from taking any
action, with respect to any Loan or property, that results from the malfeasance, willful misconduct or gross negligence of Client, Client's sub
servicers, contractors, or agents, or from the failure of the Client to provide Servicer the necessary Loan documents and authorizations in order to
allow Servicer sufficient time to timely process satisfactions, payoffs and releases, and/or (c) any and all liability related to the information provided
by Client and contained herein, or provided separately by Client, and the accuracy of such information. The foregoing indemnification shall survive
the termination of this Agreement.
12.0
Licenses. Servicer represents and warrants to Client that it, any agent, employee, or any vendor hired by Servicer, holds all required and
applicable federal, state and/or local licenses, certificates and other permits as may be necessary to conduct the activities required by its engagement
and this Agreement and that the Servicers performance of such services will not conflict with or violate any applicable agreement, law or regulation
applicable to the Servicer. Servicer further represents and warrants to Client that it is and will continue to be in compliance with all applicable
federal, state and local laws, ordinances and regulations pertaining to its business. Servicer further represents and warrants to Client that it is not
subject to any court or administrative judgments, orders, injunctions and/or rulings which would have an adverse effect on its ability to service the
Loans and perform under this Agreement. Servicer further represents and warrants to Client that neither the Servicer nor any of its directors, officers
or principals have been sued by any of the Servicers present or former clients, partners, co-venturers or other persons and that the Servicer is not
involved in any litigation which if resolved adversely to the Servicer would negatively impact its ability to perform its obligations hereunder. Client
represents and warrants to Servicer that it, any agent, employee, or any vendor hired by Client, holds all required and applicable federal, state and/or
local licenses, certificates and other permits as may be necessary to conduct the activities required for Client to receive payments and proceeds
collected by Servicer.
12.1
Data.
Servicer shall maintain (i) off site backup storage for the data files used in connection with the services provided under this
Agreement and (ii) customary security to protect clients proprietary information.
13.0
Independent Contractor. At all times during the term of this Agreement, Servicer shall be an independent contractor and not an
employee of Client. Client shall have the right to control Servicer only pursuant to this Agreement. Client shall not have the right to control the
means by which Servicer accomplishes its services and duties pursuant to this Agreement. Servicer shall, at its sole cost and expense, furnish all
facilities, materials and equipment that may be required for furnishing services pursuant to this Agreement.
14.0
Servicer Not Agent. Except as otherwise provided herein or as Client may specify in writing, Servicer shall have no authority, express or
implied, to act on behalf of Client in any capacity whatsoever as an agent. Except as otherwise provided herein or as Client may specify in writing,
Servicer shall have no authority, express or implied, to bind Client to any obligation whatsoever.
15.0
Assignment or Subcontracting. No assignment or subcontracting by Servicer of any of its obligations under this Agreement or of funds
to be received under this Agreement shall be of any force or effect unless the assignment or subcontract has had the prior written approval of Client.
Client may terminate this Agreement rather than accept any proposed assignment or subcontracting and Client shall not be liable for any transfer fee.
16.0
Equal Employment Opportunity. During the performance of this Agreement, Servicer agrees as follows:
a. Servicer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or
mental or physical disability. Servicer shall ensure that applicants are employed and that employees are treated during employment without
regard to their race, color, religion, sex, national origin, or mental or physical disability. Such actions shall include, but not be limited to the
following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation and selection for training, including apprenticeship. Servicer agrees to post in conspicuous places, available to
employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.
b. Servicer shall, in all solicitations and advertisements for employees placed by, or on behalf of Servicer, state that all qualified applicants
will receive consideration for employment without regard to their race, color, religion, sex, national origin, or mental or physical disability.
c. Servicer shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Agreement,
provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.
17.0
Conflicts of Interest. Servicer agrees that it shall not make, participate in the making, or in any way attempt to use its position to influence
any decision of Client in which Servicer knows or has reason to know that Servicer, its officers, partners, or employees have a financial interest as
defined in Section 87103 of the Government Code.
18.0
Insurance.
a. Servicer shall carry workers compensation insurance as required by law for the protection of its employees during the progress of the work.
The insurer shall waive its rights to subrogation against Client and Lenders, their officers, agents and employees and shall issue a certificate to
the policy evidencing same upon request.
5 of 8
b. Servicer shall maintain during the life of this Agreement: (a) Errors and Omissions insurance of $3 million per occurrence with a $3
million aggregate; (b) General Liability insurance of $2 million per occurrence with a $4 million aggregate; (c) Fidelity Bond of $500,000.
c. Servicer shall promptly notify the Client if any required insurance lapses or is otherwise modified and cease performance of this Agreement
unless otherwise directed by the Client. In such case, the Client may procure insurance or self insure the risk and charge Servicer for such costs
and any and all damages resulting therefrom, by way of set-off from any sums owed Servicer.
19.0
Audit of Records. In accordance with generally accepted accounting principles and industry standards, Servicer shall maintain reasonably
full and complete records of the cost of and completion of services performed under this Agreement. During the term of this Agreement and for a
period of two years after termination or completion of this Agreement, Client shall have the right to inspect and/or audit Servicers records pertaining
to the performance of this Agreement at Servicers office. Servicer agrees to make available all records for inspection or audit at it offices during
normal business hours and upon seven (7) days notice from Client.
20.0
Compliance with all Laws. Servicer shall be knowledgeable of and comply with all local, state and federal laws, rules and regulations
that may apply to the performance of this Agreement.
21.0
Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California and Servicer
and Client agree to submit to the jurisdiction of California courts sitting in the County of Orange.
22.0
Waiver of Breach. Any waiver by any party or a breach of any provision of this Agreement shall be in writing and will not operate as or be
construed to be a waiver of any other breach of such provision or any other provision of this Agreement will not be considered a waiver or deprive any
party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. In addition, in granting any waiver, the
waiving party will exercise its best efforts to ensure that all Parties continue to have substantially equivalent rights, benefits, privileges, duties and
responsibilities.
23.0
Soliciting Borrowers or Investors. The Servicer acknowledges and agrees that Client and its affiliates possess and will possess
information, whether or not in writing or other tangible form, that is disclosed to or learned by Servicer as a consequence of or through performance
of the services, whether or not related to the Servicers specific work that is important to Clients business (including the names and addresses of the
Clients and its affiliates investors and borrowers) (Proprietary Information). Servicer agrees that (a) such Proprietary Information constitute trade
secrets of the Client, (b) all Proprietary Information shall be the sole property of Client (or its affiliates, as applicable) and (c) the sale, unauthorized
use, or disclosure of any Proprietary Information or other trade secrets obtained by the Servicer during or after the term of this Agreement constitutes
unfair competition and an unauthorized use of such Proprietary Information or other business trade secrets. The Servicer promises and agrees not to
engage in any unfair competition with the Client and promises and agrees to not engage in any unauthorized use of the Clients Proprietary
Information. Servicer shall protect the Proprietary Information with the same degree of care as Servicer employs with its own information of similar
importance, but in no event less that a reasonable degree of care. This Section 23.0 shall survive termination of this Agreement. Applicable Privacy
Law means the Gramm-Leach-Bliley Act, 15 U.S.C. 6801-6827, Interagency Guidelines Establishing Information Security Standards, 12 C.F.R.
Part 570, Appendix B, and other applicable law regarding privacy. Confidential Information means any non-public information of Client (or its
affiliates), including information whose disclosure would violate Applicable Privacy Law. Other Party will take all of the following measures to
protect the confidentiality of the Confidential Information:
(a)
Servicer will hold all of Clients Confidential Information in the strictest of confidence.
(b)
Servicer will safeguard Clients Confidential Information with the same degree of care to avoid unauthorized disclosure as it uses to protect
its own Confidential Information of a similar nature, but in any event, no less than reasonable care, which necessarily includes the care required by
Applicable Privacy Law.
(c)
Servicer will not disclose any of Clients Confidential Information to any other Person under any circumstances, except as required by law.
(d)
Servicer will not use (or assist or permit its any other person to use) any of the Confidential Information for any purpose other than the
performance of its duties as Servicer.
(e)
Servicer will maintain all information subject to Applicable Privacy Law in accordance with standards required by Applicable Privacy
Law, even beyond the term of this Agreement.
24.0
Execution in Counterparts/Facsimile or Email Delivery. This Agreement and any addendum, exhibit or schedule hereto may be executed
in any number of counterparts and by different parties hereto in separate counterparts each of which when so executed and delivered shall be deemed to
be an original and all of which counterparts taken together shall constitute but one and the same instrument. This Agreement may also be executed and
delivered by way of facsimile or email. Photostatic copies of this Agreement have the same force and effect as an original of this Agreement.
25.0
Integration and Modification. This Agreement constitutes the entire agreement of the parties. No other agreement, oral or written,
pertaining to the work to be performed under this Agreement shall be of any force or effect unless it is in writing and signed by both parties. Any
work performed that is inconsistent with or in violation of the provisions of this Agreement shall not be compensated. This Agreement may be
modified only by a written agreement signed by each of the parties hereto. Notwithstanding the above, amendments to this Agreement, its exhibits or
schedules, may take the form of electronic communication between the Parties, as provided in the Notice provision of this Agreement.
26.0
Severability. If any provision of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, then that
provision shall be curtailed and limited only to the extent necessary to bring said provision within the legal requirements and this Agreement as so
modified shall continue in full force and effect.
27.0
Headings. The headings of the various sections and paragraphs of this Agreement have been inserted for convenience and reference only and
shall not be deemed to be part of this Agreement.
6 of 8
28.0
Dissemination of Information. Neither the Servicer nor Client nor their representatives shall disseminate any oral or written
advertisement, endorsement or other marketing material relating to each others activities under this Agreement without the prior written approval of
the other party. No party hereto will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having
prior written approval of the other party. The parties hereto shall take reasonable efforts to ensure that its vendors shall not disseminate any oral or
written advertisement, endorsement or other marketing materials referencing or relating to the other party without that partys prior written approval.
In addition, the parties hereto agree that their contracts with all vendors necessary for the performance of this Agreement will include appropriate
provisions to ensure compliance with the restrictions of this Section 28.0 and 23.0. Section 28.0 and 23.0 shall survive termination of this
Agreement.
29.0
Litigation Response Costs. Except at otherwise provided in Section 11.0, if Servicer is served with a subpoena, notice to appear at trial,
arbitration, mediation, deposition or any other lawful mandatory appearance, by or through a court of competent jurisdiction or officer of such court,
which requires any custodian of record, employee, officer or agent of Servicer to appear in person to introduce documents and/or give testimony
concerning any legal action involving Client, Servicer shall be reimbursed for all reasonable (in its sole, subjective discretion) out of pocket costs,
fees and expenses, including, but not limited to, hotel, airline, meals, car rental or any related expense (the travel expenses). In addition to the travel
expenses and out of pocket costs, Client shall pay to Servicer one hundred and twenty-five dollars ($125) per hour for all time spent by any custodian
of records, employee, officer or agent of Servicer preparing to testify, reviewing files, assembling files, data or documents, travel time, waiting time,
or any related expenditure of time incident to the appearance described above. Servicer shall provide Client with a detailed invoice describing all
charges to be paid by Client. Such payment is due upon receipt. Client shall not be responsible for any expenses or fees if the appearance is a result of
Servicer's act or failure to act that is in violation of any material promise made by Servicer in this Agreement or if the trier of fact determines
Servicer's intentional or gross negligence caused damage to plaintiff.
In case of Borrower filing a complaint against Servicer and/or Lender, Client hereby agrees to retain counsel to represent Servicer and/or Lender at
Clients expense. Servicer shall have input and approval of counsel selected by Client to defend Servicer. If the Servicer in its sole discretion
believes there is a conflict between the rights and responsibilities of Servicer and the rights and responsibilities of Client in the lawsuit, Servicer has
the right to require counsel separate and apart from Client to represent its interests. Client shall not be responsible for defending Servicer if the trier
of fact determines that Servicers intentional or gross negligence caused damage to plaintiff.
30.0
Client Representations. Client represents to Servicer that, if the Client is acting as a servicer, sub-servicer or agent of private Lenders,
that Client has informed Lenders of its choice in outsourcing the servicing to Servicer and that both Client and private Lenders, if any, are jointly and
severally liable for the payment of Servicers fees only if the Client has not paid Servicers fees in connection with the Loan or property. Client
further represents to Servicer that Clients owns a valid, existing and enforceable Loan free of any known fraud or wrongdoing by the Client.
31.0
Limitation of Liability of Servicer. Except to the extent the validity of the Loan is adversely affected or caused by Servicer or its
representatives, Servicer is not responsible to Client, its successors, assigns, Lenders, or any other third party for the validity of the Loan submitted
by Client, including without limitation, (i) the Loan documents, including notes, deeds/mortgages, or assignments, (ii) whether the Loan is a valid,
enforceable or existing lien on the property, (iii) the enforceability of the Loan against the Borrower of the Loan, (iv) or any regulatory compliance or
violation of any other state or federal laws, including without limitation the Real Estate Settlement Practices Act and the Truth-in-Lending Act that
occurred before the transfer of servicing rights and obligations to Servicer.
32.0
Notice. Except as otherwise provided herein, all notices required under this Agreement shall be in writing and delivered personally or by
facsimile, email or by overnight delivery service or by first class mail, postage prepaid, to each party at the address listed below. Either party may
change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt, electronic confirmation of delivery
as to facsimile or email notices, or 3 days after deposit in the U. S. Mail, whichever is applicable.
33.0
General Reference and Waiver of Jury Trial

a. If a dispute arises out of, or relates to this Agreement, the dispute shall be decided by general reference procedures pursuant to California
Code of Civil Procedure Section 638. The general reference shall be commenced by a request or a motion filed with the clerk or presiding judge
of the Superior Court of the County of Orange, with a copy served on the other party, pursuant to Code of Civil Procedure Section 638. Any
such request or motion shall include a copy of this Agreement. Except to the extent modified herein, the reference shall be conducted in
accordance with California law including, but not limited to, the California Code of Civil Procedure and California Evidence Code. Any general
reference shall be commenced within the period specified by the applicable statute of limitation for the claim(s) made. All general reference
proceedings hereunder shall, unless all parties thereto otherwise agree in writing, be conducted in a mutually agreeable location in the County of
Orange, State of California.
b. Subject to an award of fees and costs to the prevailing party in the general reference, each party shall pay one-half of the expenses of the
general reference at the rate set by the Court pursuant to Code of Civil Procedure Sections 645.1 and 1023. The referee(s) shall not have the
right to convene a jury to be the trier of fact of any controversy hereunder. BOTH PARTIES HEREBY WAIVE A JURY TRIAL IN
CONNECTION WITH ANY DISPUTE ARISING OUT OF THIS AGREEMENT.
c. No reference arising out of or relating to this Agreement shall include, by consolidation, joinder with or in any other manner, an additional
person or entity not a part to this Agreement except by written consent containing a specific reference to this Agreement by both parties hereto
unless ordered by a court of competent jurisdiction. Consent to a reference involving an additional person or entity shall not constitute consent
7 of 8
to a reference of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or
described therein.
d. The parties agree that the referee shall be a member of the American Arbitration Association, and be empowered to award to the prevailing
party a reimbursement of costs of the general reference, including, without limitation, attorneys fees, expert fees, fees assessed by the referee
and the referees compensation.
e. BY EXECUTING THIS AGREEMENT, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS
AGREEMENT DECIDED BY A GENERAL REFERENCE PROCEEDING, WITH A REFEREE AND NOT AN ACTIVE JUDGE,
AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR
BEFORE A JURY. IF YOU REFUSE TO SUBMIT TO A GENERAL REFERENCE PROCEEDING AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO PARTICIPATE IN THE GENERAL REFERENCE PROCEEDING UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
CLIENTS MAILING ADDRESS:

BSI Mortgage IV LLC
2500 Hallendale Beach Boulevard
Hallendale Beach, FL 33009
SERVICERS MAILING ADDRESS:

FCI Lender Services, Inc.
8180 East Kaiser Blvd.
Anaheim Hills, CA 92808
Attn: Jean A. Dungey-Smith
Email: yonel@crosbycapitalusa.com
Phone: 786-344- 6620
Fax: (714) 282-5775

Email: mailto:jsmith@trustfci.com
Phone: (800) 931-2424
CLIENT:
By: __________________________________________
Date: __________________________
Print Name: ___________________________________

FCI LENDER SERVICES, INC.:
By:
Jean A. Dungey-Smith
Date: 12/26/2013
Print Name: Jean A. Dungey-Smith_________________

As approved by Associate Broker May Baki
8 of 8
EXHIBIT B

ll':FOIUf ATIO~ O'.'i
OBLIGATIO~
Check all that apply:
OD /Mtg2 TD /MtL]ELOCVariableFb[)lnterest orOIBRSNeg. On.HAMP
Orn Bankruptcy
D On Forbearance Plan D Modified D Pre Pay Pena lty D Other:
Ii] In Foreclo ure
-------------- Phone: - - - - - -
Only if
Email :_ _ _ _ _ _ _ _ _ _ __
___________ Phone: _ _ _ _ _ _ Email :_ _ _ _ _ _ _ _ _ _ __
Only if
Only if
consi ting of: Prin:$ _ _ _ _ __
Amount of Payment:$ 7743.75

0 Monthly
Quarterly
Adjustable Interest Change Date: _6_.5_ _ _ _ __

Note Maturity Date: 07/1/2036
Late Charge i _ _ _ after _ _ days.
urrent Principal Balance:$ 1259443.16
Original Loan Amount:$ _1..,;,.2_60_0_0-'-0_ _ __
Payment :
HELO Fir t Draw Date: _ _ _ _ __
Next Payment Due Date: 10/1/2008
Funding Date: 9/1/2006
Int:$ _ _ _ __ Tax:$ _ _ __
Ins:$ _ _ __
Q Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Adjustable Payment Change Date: - - - - - -
Amortization Period (if different than Maturity Date): - - - - - - -
Pre Pay Penalty Expiration Date (if any): _ _ _ _ _ _ Pre Pay Penalty Terms:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Loan Modification Expiration Date (if any): - - - - - - _ _ _ _ _ _ Interest Only Paymt: _____ Fully Amortized Paymt: _ _ _ _ __
Only if
Note Interest Rate: 7.375 %
OLD lntere t Rate (to Investor/Lender): _ _ % OR Broker ERVICI G FEE:
If Broker take a% Spread or Servicing Fee, then the FCJ Servicing Fee is deducted from :
Escrow/Impound for Taxes and/or Jn urance included in Borrower payment:
0 Broker
Q Ye
0 Investor
QNo
Only if "
Late Fee:FCT:
__5_0__ % Broker:_ _ _ % Lender: _ _ _ %
Other: - - - - - - - - - - - - - - - - -
Broker:_ _ _ %Lender:
Other: - - - - - - - - - - - - - - - -
Prepayment Penalty:
NOTE:There is a $100 Data Research Fee for missing document or information if FCT agrees to research mi sing
document or information.
All persons or entitie to whom the above described obligation i owed (" lient") must sign thi form and hereby authori ze and in truct F I to ervice the
otes and Deeds of Trust, Mortgages or Instruments de cribed above, and to collect and disbur e proceeds received in accordance with the programs and
fee structures outlined on F l's web page I cated al www.lnlstfci .com .
Client shall indemnify, defend and hold Servicer and its officer , directors, parent companies, affi liates, subsidiarie , successors and as igns harm less
from any and all claims, demands, causes of action, losses, damage, fines, penalties, liabi lities, costs and expenses, including reasonable attorney's fees
and court costs, ustained or incurred by Servicer by reason of or ari ing directly from third party claim or action that were caused by or re ulted from
(A) any action or omission in respect of any loan or property of any prior servicer, sub-servicer, owner or originator of a loan or property, and/or (8)
taking any action, or refraining from taki ng any action, with respect to any loan or property, that result from the malfeasance , wi llful mi conduct or gross
negligence of Client, Client's sub servicers, contractors, or agents, or from the failure of th e Client to provide ervicer the original of any loan
documents in order to allow ervicer ufficient time to timely proce s atisfaction , payoffs and release , and/or (C) any and all liability related to the
information provided by Client and contained herein. or provided separately by Client. and the accuracy of such infonnation .
Investor/Lender Signature
lnve tor/Lender Print Name
Broker or Entity Company Name
Broker or Entity ignature

Page of
FCI Lender Seni es, fnc.8180
f.a~t Kul~er
Blvd.Anaheim 11111 <.A 9211ll8Te-I: (1100) 931 -2.42-'Fa : ( 1-') !81-2-'29
Broker or Entity Print Name
EXHIBIT C
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
-------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL)
BSI MORTGAGE IV, LLC,
Plaintiff
-againstVEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. AS NOMINEE FOR CITIBANK,
N.A., CITIBANK, N.A. AND JOHN DOE
1 through 12, said persons or parties having or
claimed to have a right, title or interest in the
Mortgaged premises herein, their respective names
are presently unknown to the Plaintiff,
DEFENDANT VEKRUM
KAUSHIKS REQUEST FOR
PRODUCTION OF
DOCUMENTS AND THINGS
(FIRST SET)
Defendants.
-------------------------------------------------------------------X
DEFENDANT VEKRUM KAUSHIKS REQUEST FOR
PRODUCTION OF DOCUMENTS AND THINGS TO PLAINTIFF (FIRST SET)
Defendant Vekrum Kaushik s/h/a Vekram Kaushik (Vekrum Kaushik or defendant
Vekrum Kaushik) by his attorneys, Sheehan & Associates, P.C., hereby requests, pursuant to
Rules 26 and 34 of the Federal Rules of Civil Procedure and the Scheduling Order of the Hon.
Magistrate Judge Lindsay of August 5, 2014, that Plaintiff BSI Mortgage IV, LLC (BSI or
plaintiff), shall produce copies of the following requested documents, within thirty (30) days
of the service of this discovery request, upon Sheehan & Associates, P.C., 10 Middle Neck Road,
Suite 200, Great Neck, NY 11021.
DEFINITIONS
1.
These definitions and rules of construction shall be interpreted in accordance
with Local Civil Rule 26.3, paragraphs (c) and (d) (Uniform Definitions in Discovery
Requests).
2.
If it is determined that the within definitions and/or rules of construction are
broader than that same term or rule of construction as set forth in Local Civil Rule 26.3,
paragraphs (c) and (d), the definitions and rules set forth therein will be held to govern the
interpretation herein.
3.
The terms BSI, you, your, or Plaintiff means Plaintiff BSI Mortgage
IV, LLC, its past and present members, past and present managing members, past and present
officers, past and present directors, past and present employees, past and present partners,
past and present corporate parent, past and present subsidiaries or past and present affiliates
and any and all past and present persons acting for, on behalf of or in concert with BSI
Mortgage IV, LLC.
4.
The term plaintiff or defendant, as well as a partys full or abbreviated
name or a pronoun referring to a party, means the party and, where applicable, (his/her/its)
members, agents, representatives, officers, directors, employees, partners, corporate parent,
subsidiaries, or affiliates.
5.
The word person(s) includes not only natural persons, but also firms,
limited liability companies, professional limited liability companies, partnerships,

associations,
corporations,
subsidiaries,
divisions,
departments,
joint
ventures,
proprietorships, syndicates, trusts, groups, and organizations.

6.
As used herein, any reference to any person includes the present and former
officers, members, executives, partners, directors, trustees, employees, attorneys, agents,

representatives, and all other persons acting or purporting to act on behalf of the person and
also its subsidiaries, affiliates, divisions, and predecessors and successors in interest.
7.
The singular of each word shall be construed to include its plural and vice
versa, and the root word and all derivations (i.e., ing, ed, etc.) shall be construed to
include each other.
8.
The following rules of construction apply to these discovery requests:

i.
ii.
iii.
iv.
v.
9.
All/Any/Each. The terms all, any, and each shall each be

construed as encompassing any and all.
And/Or. The connectives "and" and "or" shall be construed either
disjunctively or conjunctively as necessary to bring within the
scope of the discovery request all responses that might otherwise be
construed to be outside of its scope.
Number. The use of the singular form of any word includes the
plural and vice versa.
Gender. The masculine shall be construed to include the feminine
and vice versa.
Tense. The present tense shall be construed to include the past
tense and vice versa.
The words knowledge, information, possession, custody, and
control of a person shall be construed to include such persons agents, representatives, and
attorneys.
10.
The word including shall have its ordinary meaning and shall mean
including but not limited to and shall not indicate limitation to the examples or items
mentioned.
11.
The phrase reflect, refer, or relate to means reflecting, referring to, relating
to, regarding, describing, evidencing, discussing, concerning, mentioning, pertaining to,

alluding to, or associated with or constituting, directly or indirectly.
12.
The words to present mean to the date on which you respond to these
interrogatories and requests.

13.
The word document(s) includes all writings, recordings, and
photographs, as those terms are defined in Rule 1001 of the Federal Rules of Evidence,
and should be construed in the broadest sense permissible. Accordingly, document(s)

includes, but is not limited to, all written, printed, recorded or graphic matter, photographic
matter, sound reproductions, or other retrievable data (whether recorded, taped, or coded
electrostatically, electromagnetically, optically or otherwise on hard drive, diskette, compact
disk, primary or backup tape, audio tape or video tape) from whatever source derived and
however and by whomever prepared, produced, reproduced, disseminated or made. Without
limiting the generality of the foregoing, document(s) includes the original and any nonidentical copy and also every draft and proposed draft of all correspondence, internal
memoranda, notes of meetings, telegrams, telexes, facsimiles, electronic mail, reports,
transcripts or notes of telephone conversations, diaries, notebooks, minutes, notes, tests,
reports, analyses, studies, testimony, speeches, worksheets, maps, charts, diagrams,
computer printouts, and any other writings or documentary materials of any nature
whatsoever, whether or not divulged to other parties, together with any attachments thereto
and enclosures therewith. In addition, the word document(s) encompasses all forms and
manifestations of electronically or optically coded, stored, and/or retrievable information,
including but not limited to email, voice mail, digital images and graphics, digital or
analog audiotapes and files, and digital or analog videotapes and files.
14.
Identify (with respect to persons). When referring to a person, to identify
means to give, to the extent known, the persons full name, present or last known address,
telephone number (including, where applicable, country code) and when referring to a
natural person, additionally, the present or last known place of employment. Once a person
has been identified in accordance with this subparagraph, only the name of that person need
be listed in response to subsequent discovery requesting the identification of that person.
15.
With respect to persons, the persons full name shall be provided, including
(i) middle name; (ii) married name (family name or surname) adopted by a person upon
marriage; (iii) birth, or maiden name; (iv) name by which the person is commonly known to
the general public; (v) name by which the person is commonly known on social media
websites (i.e., LinkedIn, Facebook, Twitter, etc.); (vi) all relevant spellings in English and
any other language used by the person.
16.
Identify (with respect to documents). When referring to documents, to
identify means to give, to the extent known, the (i) type of document; (ii) general subject
matter; (iii) date of the document; (iv) author(s), addressee(s) and recipient(s); (v) the
location of the document; (vi) the identity of the person who has custody of the document;
(vii) Whether the document has been destroyed, and if so, the date of its destruction, the
reason for its destruction and the identity of the person who destroyed it or caused it to be
destroyed.
INSTRUCTIONS
1.
Should the plaintiff object to any document production request on any basis,
including but not limited to privilege or privacy, copies of the requested documents should
be provided to the court for an in camera inspection.
2.
These document production requests are directed toward all information
known or available to plaintiff BSI Mortgage IV, LLC not its attorney, Mr. Alan Weinreb,
The Margolin & Weinreb Law Group, LLP, 165 Eileen Way, Ste. 101, Syosset, NY 11791
including information contained in the records and documents in BSI Mortgage IV, LLCs
custody or control or available to BSI Mortgage IV, LLC upon reasonable inquiry.
3.
All information requested herein is to be set forth if it is in the possession or
control of, or is available or accessible to plaintiff or any of its agents, consultants, counsel,
investigators, representatives or any other person or persons acting for it or on its behalf.
4.
Each document production request is to be deemed a continuing one.
Defendant Vekrum Kaushik hereby requests, pursuant to Federal Rule of Civil Procedure
26(e), that after responding to these document production requests, plaintiff supplement
and/or modify any produced documents requested by defendant Vekrum Kaushik that are
later learned by plaintiff to be incomplete or incorrect immediately upon learning that prior
documents produced were incomplete and/or incorrect.
5.
If plaintiff cannot respond to any of the document production requests in full
after exercising due diligence to secure the information to do so, then respond to the extent
possible and explain its inability to produce the requested documents. State whatever
information or knowledge plaintiff has about the unproduced portion(s) of any document
production requests.
6.
If any information called for by a document production request is withheld
on the basis of a claim of privilege set forth the nature of the claimed privilege and the nature
of the information with respect to which it is claimed.
7.
If you object to any documents requested on the grounds of privilege, work
product or other grounds, your response should state the existence of the information,
document or communication, identify the specific grounds on which your objection is based
in a manner that will enable other parties to assess the claim, and identify the information
objected to by furnishing its date, participants (e.g., names of persons who
prepared/created/drafted documents, speakers or authors or addressees) and a general
description of the nature, rather than the substance of the purportedly protected information.
If the objected to document contains relevant non-objectionable matter, you should produce
it, with the objectionable matter redacted
8.
For each document production request or part of a document production
request that you refuse to provide on grounds of burdensomeness, explain in as much detail
as possible the basis for your contention.
9.
As to every document production request which a member of BSI Mortgage
IV, LLC or BSI Mortgage IV, LLC fails to provide in whole or in part, the subject matter of
that request will be deemed confessed and stipulated as fact to the Court.
10.
You have a continuing obligation to update the documents requested herein
as you acquire new information. If no such update is provided in a reasonable period of time
that you acquired such information, it may be excluded at trial or hearing.
DOCUMENT PRODUCTION REQUESTS
1.
Produce all operating agreements of BSI Mortgage IV, LLC in effect during
the period from January 1, 2013 through the date this request is satisfied.
2.
If any operating agreements of BSI Mortgage IV, LLC in effect during
the period from January 1, 2013 through the date this request is satisfied are either oral or
implied, as permitted by 18-101(7), Delaware Limited Liability Company Act (DLLA),
convert said agreements to writing or to a format in which same can be produced for
inspection.
3.
Produce records of communication and not, where available, the substance of
those communications between past and present members of BSI Mortgage IV, LLC in the
form of telephone or facsimile logs maintained by the service provider(s), email messages
(including headers containing metadata, transmission information, etc.), short message

service (SMS or text) exchanges with corroboration of messages evinced by logs
maintained by service provider(s) and any other correspondence made through mobile or web
applications, including but not limited to social networking websites and applications.
4.
Produce a list of, including, but not limited to employees, agents, contractors
and assigns of BSI Mortgage IV, LLC during the period from January 1, 2013 through the
date this request is satisfied.
5.
Produce all lease and sublease agreements with respect to all office
location(s), including but not limited to the usual place of business of BSI Mortgage IV, LLC
as set forth in the Verified Complaint, during the period from January 1, 2013 through the
date this request is satisfied. If any of these documents are in a language other than English,
provide certified translations thereof.
6.
Proof of citizenship in all countries held by past and present members of BSI
Mortgage IV, LLC at (i) the time BSI Mortgage IV, LLC was formed; and (ii) the time of
commencement of the within action.
7.
Proof of resident alien, nonresident alien or other immigration status of all past
and present members of BSI Mortgage IV, LLC within the United States of America.
8.
Produce true and correct copies of Internal Revenue Service (IRS) IRS
Form W-7 (including any attachments, addendums, supplements and statements thereto) for
all past and present members of BSI Mortgage IV, LLC with respect to BSI Mortgage IV,
LLC.
9.
Produce true and correct copies of IRS Form SS- 4 (including any attachments,
addendums, supplements and statements thereto) and the following IRS Letters or equivalent
documentation providing the information set forth therein: (i) 147C.
10.
Produce true and correct copies of IRS Form 1065 (including any attachments,
addendums, supplements and statements thereto) and the following accompanying IRS
Forms: (i) 1040; (ii) 1099; (iii) 1116; (iv) 1125-A; (v) 2441; (vi) 3520; (vii) 4136; (viii) 4255;
(ix) 4562; (x) 4797; (xi) 4952; (xi) 5471; (xii) 6251; (xiii) 7497; (xiv) 8582; (xv) 8611; (xvi)
8697; (xvii) 8805; (xviii) 8825; (xix) 8858; (xx) 8865; (xxi) 8866; (xxii) 8873; (xxiii) 8886;
(xxiv) 8893; (xxv) 8903; (xxvi) 8918; (xxvii) Schedule B-1; (xxviii) Schedule D; (xxix)
Schedule K; (xxx) Schedule M-1; and (xxxi) Schedule M-3.
11.
Forms: (i) 8716; and (ii) 1437.
12.
Forms: (i) 11-C; (ii) 720; (iii) 730; (iv) 2290; (v) 4703; (vi) 5472; and (vii) 8849.
13.
Forms: (i) 851; (ii) 1099; (iii) 1118; (iv) 1125-A; (v) 1125-E; (vi) 2220 (vii) 2439; (viii) 3800;
(ix) 4136; (x) 4255; (xi) 4466; (xii) 4562; (xiii) 4626; (xiv) 4797; (xv) 5472; (xvi) 7704; (xvii)
8281 (xviii) 8611; (xix) 8697; (xx) 8827; (xxi) 8827; (xxii) 8834; (xxiii) 8866; (xxiv) 8902;
(xxv) 8903; (xxvi) 8912; (xxvii) Schedule C; (xxviii) Schedule G; (xxix) Schedule J; (xxx)
Schedule L; (xxxi) Schedule M-3; (xxxii) Schedule O; (xxxiii) Schedule PH; and (xxxiv)
Schedule UTP.
14.
Produce true and correct copies of Financial Crimes Enforcement Network
(FinCEN) Form 1114 (including any attachments, addendums, supplements and statements
thereto).
15.
Produce records of capital accounts of past and present members of BSI
Mortgage IV, LLC.

16.
Produce records containing distribution of draws or expected draws of past
and present members of BSI Mortgage IV, LLC.

17.
Produce records indicating dates, times and locations of meetings of BSI
Mortgage IV, LLC.

18.
Produce minutes of meetings of BSI Mortgage IV, LLC.
19.
Produce records containing distribution of profits or expected profits of past
and present members of BSI Mortgage IV, LLC.

20.
Produce ledger(s) of BSI Mortgage IV, LLC containing accurate and complete
records of capital and non-capital transactions.

21.
If initial capital contributions of the members of BSI Mortgage IV, LLC are
not set forth in the operating agreement, produce documentation indicating initial capital
contributions made by past and present members of BSI Mortgage IV, LLC to BSI Mortgage
IV, LLC.
22.
Produce contemporaneous bank records corroborating the initial capital
contributions made by members of BSI Mortgage IV, LLC to BSI Mortgage IV, LLC.
23.
Produce an accounting of the capitalization of BSI Mortgage IV, LLC in the
company records of BSI Mortgage IV, LLC including contributors of capital (in any form) to
BSI Mortgage IV, LLC.
24.
Produce past and present insurance policies maintained by BSI Mortgage IV,
LLC.
Dated:
Great Neck, New York

November 24, 2014
By:
TO:
_____________________________
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
Attorneys for Defendant Vekrum Kaushik
10 Middle Neck Road
Suite 200
Great Neck, NY 11021
Tel: (347) 635-4160
Fax: (516) 234-7800
Alan Weinreb, Esq.

THE MARGOLIN &
WEINREB LAW GROUP, LLP
Attorneys for Plaintiff BSI Mortgage IV LLC
165 Eileen Way
Suite 101
Syosset, NY 11791
INDEX NO. 14 CV 01640 (LOW) (ARL)

PLAINTIFF,
-AGAINSTVEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CITIBANK, N.A.,
CITIBANK, N .A. AND JOHN DOE "1 through 12", said persons or parties having
or claimed to have a right, title or interest in the Mortgaged premises herein, their
respective names are presently unknown to the Plaintiff,
DEFENDANTS.
DEFENDANT VEKRUM KAUSHIK'S REQUEST

FOR PRODUCTION OF DOCUMENTS
AND THINGS TO PLAINTIFF (FIRST SET)
Sheehan & Associates, P .C.
Attorneys for Plaintiff

1o
Middle N eek Road

Suite 200
Tel: (847) 685-4160
Fax: (516) 284-7800
Pursuant to 22 NY CRR 130-1. l, the undersigned, an attorney admitted to practice in the courts of
New York State, certifies that, upon information, and belief, formed after an inquiry reasonable
under the circumstances, the contentions contained in the annexed documents are not frivolous.
Dated: Nassau, New York
November 24, 2014

EASTERN DISTRICT Of NEW YORK
-------------------------------------------------------------------)(
14 CV 01640 (LOW) (ARL)
Plaintiff,
CERTIFICATE OF SERVICE
- against VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK

N.A., CITIBANK, N.A. AND JOHN DOE "I through
12", said persons or parties having or claimed to have a
right, title or interest in the Mortgaged premises herein,
their respective names are presently unknown to the
Plaintiff,
Defendants.
--------------------------------------------------------------------)(
I, Spencer Sheehan, an attorney admitted to practice law in the State ofNew York, and an
attorney with Sheehan & Associates, P.C., hereby certify that:
On the 24th day of November, 2014, I have caused service of Defendant Vekrum
Kaushik's Request For Production of Documents and Things to Plaintiff (First Set) upon plaintiff
BSI Mortgage IV, LLC, by the mailing the documents via First-Class Mail, upon counsel for
plaintiff BSI Mortgage IV, LLC, as follows:
Alan Weinreb, Esq.
The Margolin & Weinreb Law Group, LLP
165 Eileen Way, Ste. 101
Syosset, NY 11 791
~,~
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES. P.C.

Attorneys for Defendant Vekrum Kaushik
10 Middle Neck Road

Suite 200
Tel: (347) 635-4160
EXHIBIT D

--------------------------------------------------------------------------){
14 CV 01640 (LAW) (ARL)
BSI MORTGAGE IV LLC,
Plaintiff,
-against-
VEKRAM KAUSHIK; MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC. AS NOMINEE FOR
CITIBANK, N.A., CITIBANK, N.A. AND
JOHN DOE "1" through "12'', said persons or parties
having or claimed to have a right, title or interest in the
Mortgaged premises herein, their respective names are
presently unknown to the Plaintiff,
Defendant(s).
RESPONSE OF
PLAINTIFF
TO REQUEST FOR
DOCUMENTS
(FIRST SET)
---------------------------------------------------------------------------){
The plaintiff as and for its response to produce documents, states as follows:
GENERAL OBJECTIONS AND RESERVATIONS OF RIGHTS

1. These responses are made without waiver of, and with specific reservation of:
a. All questions and/or objections as to competency, relevancy, materiality, privilege and
admissibility of any response and the subject matter thereof as evidence for any purpose
in any further proceedings in this action (including the trial of this action) and in any
other action;
b. The right to object to the use of any such response, or the subject matter thereof, on any
ground in any further proceedings in this action (including the trial of this action) and
in any other action;
c. The right to object on any ground at any time to a demand or request for further
response to these or any other requests, or other discovery proceedings involving or
relating to the subject matter of the requests herein responded to;
d. The right at any time to revise, correct, add to, supplement or clarify any of the
responses contained herein;
e. The attorney/client, work product and material prepared in anticipation of litigation
privileges;
----..
----~-
--
..
2.
This Response is limited to the reasonable interpretation if each inquiry, and the
undersigned objects to any overly broad and burdensome interpretation that defendant
might attempt to place on these requests.
3. Documents responsive to these requests, if any, will be made available for inspection and
copying at the offices of Margolin and Weinreb Law Group, LLP, 165 Eileen Way, Suite 101,
Syosset, NY 11 791.
4. The undersigned reserves the right to interpose additional objections in connection with
items to which a response is not required at this time.
5.
Without waiving these objections or acknowledging the materiality or relevance of the
requests to any aspect of this litigation, plaintiff responds as follows:
Request No. 1: See Exhibit "A"

Request No. 2: No other operating agreement exists.
Request No. 3: Objection: Plaintiff objects to this document request to the extent that
it calls for production of a privilege log for internal documents of Plaintiff. A request for such
a log is unreasonable and unduly burdensome in light of the work product doctrine, and other
privileges protecting such internal documents from discovery.
Request No. 4: (a) Anastasia Arina a/k/a Annstasya Arina
(b) Simi Assayag a/k/a Simi Assayag Devi co
Request No. 5: Plaintiff responds there are no written leases.
Request No. 6: See Exhibit "B"
Request No. 7: See Exhibit "C"
Request No. 8: Objection: This request is overly broad or unduly burdensome, vague
or ambiguous, seeks information that is neither relevant nor reasonably calculated to lead to
this discovery of admissible evidence, violates work-product protections, seeks information
concerning Plaintiffs internal personnel or organizational structure and/or relationships, seeks
information that is not directly related to the instant lawsuit, and is beyond the permissible
scope of discovery under the applicable FRCP.

.~
.....
- .
Case
2:14-cv-01640-LDW-ARL Document 50-4 Filed 03/13/15 Page 6 of 6 PageID #: 988
_, .

DATED: December 22. 2014

Syosset, New York
---------Alru{Weinreb Esq.
The Margolin and Weinreb Law Group, LLP
165 Eileen Way, Suite 101
Syosset, New York 11791
516-921-3838
EXHIBIT E
Case
Note:
2:14-cv-01640-LDW-ARL Document 50-5 Filed 03/13/15 Page 2 of 2 PageID #: 990

From: Cynthia Alexander [mailto:calexander@trustfci.com]
Sent: Thursday, September 18, 2014 12:10 PM
To: 'Alan Weinreb'; 'yoneldevico@gmail.com'; 'yonel@crosbycapitalusa.com'
Cc: 'jsedeno@trustfci.com'
Subject: RE: Ln # 9900040675, Kaushik, letter from consumer's attorney
Good Morning
Please see attached
Thank you,
Cynthia Alexander
Loss Mitigation Supervisor
FCI Lender Services
P. O. Box 27370
Anaheim Hills, CA 92809-0112
1(800)-931-2424 Ext. 321
FAX (714) 282-5775
calexander@trustfci.com
www.trustfci.com
www.fciexchange.com
CA DRE 01022780 to CA BRE 01022780
Information provided by FCI Lender Services, Inc. (FCI) or it employees is not to be interpreted as
legal advice; FCI is not a law firm or a certified public accountant and does not hold itself out to be
either. FCI and its employees attempt to provide general information/ideas on issues commonly
encountered by Clients. Requests for legal or technical opinions should be directed to your attorney or
accountant. Please understand that FCI is a debt collector and is required by law to inform you that
this may be an attempt to collect a debt and any information obtained will be used for that purpose.
This message and attachments may contain confidential information.
If you are not the intended
recipient, you may not use this information in any way. If you have received this in error, please
notify the sender by reply e-mail and immediately delete this message.
Although this e-mail is
believed to be free of any virus, it is the responsibility of the recipient to ensure that it is virus free and
no responsibility is accepted by FCI in any way for its use.
From: Alan Weinreb [mailto:Alan@nyfclaw.com]
Sent: Wednesday, September 17, 2014 9:37 AM
To: Cynthia Alexander; yoneldevico@gmail.com; yonel@crosbycapitalusa.com
Cc: jsedeno@trustfci.com
Subject: RE: Ln # 9900040675, Kaushik, letter from consumer's attorney
Cynthia
Please resend me the info and I will handle
Alan Weinreb, Esq.
Partner
PLEASE NOTE THE LAW OFFICES OF ALAN WEINREB, PLLC IS NOW KNOWN AS THE
MARGOLIN & WEINREB LAW GROUP, LLP
(our address and phone number remain the same; please note my new email address)
THE MARGOLIN & WEINREB LAW GROUP, LLP
Your New York Foreclosure, Bankruptcy, Loss Mitigation, Eviction, REO, and Real Estate Attorneys
165 Eileen Way, Suite 101
Syosset, NY 11791
(516) 945-6055 Ext 305
Fax (516) 945-6056
alan@nyfclaw.com
Centurion Powered
Page 4 of 46
03/03/2015 2:39 p.m.

-------------------------------------------------------------------X 14 CV 01640 (LDW) (ARL)
Plaintiff,
-against-
VEKRUM KAUSHIK s/h/a VEKRAM KAUSHIK

N.A., CITIBANK, N.A. AND JOHN DOE
1 through 12, said persons or parties having or
claimed to have a right, title or interest in the
Mortgaged premises herein, their respective names
are presently unknown to the Plaintiff,
Defendants.
-------------------------------------------------------------------X
I hereby certify that, on this 13th day of March, 2015, a true and correct copy of the
foregoing opposition to movant Crosby Capital USA LLCs motion to quash the subpoena ad
testifacandum and subpoena duces tecum on Crosby Capital USA LLC was served upon the
following counsel of record for plaintiff and Crosby Capital USA LLC through the Courts
CM/ECF system and via first-class mail:
Alan Weinreb, Esq.

THE MARGOLIN & WEINREB
LAW GROUP, LLP
165 Eileen Way, Ste. 101
Syosset, NY 11791
/s/ Spencer Sheehan

Spencer Sheehan

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Case 2:14-cv-01640-LDW-ARL Document 50 Filed 03/13/15 Page 1 of 3 PageID #: 954

Sheehan & Associates, P.C.

Via ECF and First-Class Mail

10 Middle Neck Road, Ste. 200, Great Neck, NY 11021

Dear Judge Lindsay:

BSI Mortgage IV, LLC v. Kaushik et al.

Case 2:14-cv-01640-LDW-ARL Document 50 Filed 03/13/15 Page 2 of 3 PageID #: 955

Case 2:14-cv-01640-LDW-ARL Document 50 Filed 03/13/15 Page 3 of 3 PageID #: 956

Counsel of Record (first-class mail and CM-ECF)

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 1 of 9 PageID #: 957

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 2 of 9 PageID #: 958

Loan Servicing Specialty Servicing

Fax: (714) 282-5775

SPECIALTY LOAN SERVICING AGREEMENT

Lender Account: BSIMORTGAG

Loan Account: 9900040675

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 3 of 9 PageID #: 959

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 4 of 9 PageID #: 960

Loan Account: 9900040675

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 5 of 9 PageID #: 961

Loan Account: 9900040675

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 6 of 9 PageID #: 962

Loan Account: 9900040675

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 7 of 9 PageID #: 963

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 8 of 9 PageID #: 964

General Reference and Waiver of Jury Trial

Loan Account: 9900040675

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

DocuSign Envelope ID: E6CA9FC8-74FE-45C0-9503-E32BA968A329

Case 2:14-cv-01640-LDW-ARL Document 50-1 Filed 03/13/15 Page 9 of 9 PageID #: 965

CLIENTS MAILING ADDRESS:

SERVICERS MAILING ADDRESS:

Fax: (714) 282-5775

Print Name: ___________________________________

Print Name: Jean A. Dungey-Smith_________________

Loan Account: 9900040675

Servicer initial: JS Client initial:_____

GFCI-LSA- SPECIALTY- FULL- COLLECTION.DOT-20130909

Case 2:14-cv-01640-LDW-ARL Document 50-2 Filed 03/13/15 Page 1 of 3 PageID #: 966

Case 2:14-cv-01640-LDW-ARL Document 50-2 Filed 03/13/15 Page 2 of 3 PageID #: 967

Case 2:14-cv-01640-LDW-ARL Document 50-2 Filed 03/13/15 Page 3 of 3 PageID #: 968

Check all that apply:

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