IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT,

IN AND FOR _________COUNTY, FLORIDA

Bank
Plaintiff,
vs.
CASE NO. 2009-00-xx
Homeowner; et al.,
Defendant.
________________________________________/
DEFENDANTS' FIRST SET OF INTERROGATORIES TO PLAINTIFF
To:

Bank

COME NOW the Defendant, HOMEOWNER, pursuant to Florida Rules of Civil

Procedure 1.340, and hereby serve their First Set of Interrogatories numbered 1
through 8 to Plaintiff, BANK, and requests that Plaintiff serve its answers within thirty
(30) days starting from the date of receipt of these interrogatories.
PRELIMINARY STATEMENT
These interrogatories shall be answered by each party to whom they are directed or if
that party is a public or private corporation, or partnership or association, or
governmental agency, by an officer or agent, most knowledgeable who shall furnish the
information available to that party. Each interrogatory shall be answered separately and
fully in writing under oath unless the interrogatory is objected to, in which event the
grounds for objection shall be stated and signed by an attorney making it. An
interrogatory otherwise proper is not objectionable merely because the answer to the
interrogatories involves an opinion or contention that relates to facts or calls for a
conclusion or asks for information not within the partys personal knowledge. The party
or parties shall respond to such interrogatory by giving information he or she has and
the source of such information. If any incomplete answers or improper objections are
served in response to the following interrogatories, the party serving these
interrogatories may seek sanctions pursuant to the Florida Rules of Civil Procedure or
other applicable law.
DEFINITIONS
When used in the following interrogatories:

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1.
Documents means any written or graphic matter or other means of preserving
thought or expression, and all tangible things from which information can be processed
or transcribed, including the originals and all non-identical copies, whether different from
the original by reason of any notation made on the copy or other communications, interoffice and intra-office telephone calls, diaries, chronological date, minutes, books,
reports, computer databases and print-outs, prospectuses, financial statements,
schedules, affidavits, contracts, canceled checks, transcripts, statistics, surveys,
magazines or newspaper articles, releases, graphs and aural records or representations
of any kind, including without limitation, photographs, charts, graphs, microfiche,
microfilm, video-tape recordings, motion pictures and electronic, mechanical or
electrical recordings, and including the file and file cover, and any drafts, alterations,
modifications, changes and amendments of the foregoing.
2. All documents means every document or group of documents for communication
defined above, known to you or which can be located or discovered by reasonable
diligent efforts.
3. You or Your means the party to whom these interrogatories are addressed,
including the partys employees, agents, and all other persons acting or purporting to
act on the partys behalf most knowledgeable regarding the interrogatories below.
4. Identify means to give the following information:
If a document: (a) a general description of the documents; (b) a brief summary of
the documents content; (c) the name, business address and phone number of the
custodian of the original document; (d) the name, business address and phone number
of the person or persons who drafted, prepared, compiled, or signed the document; (e)
for correspondence, the names, business addresses and phone numbers of the sender
and recipient; (f) the date of the document; and (g) any other descriptive information
necessary to describe the document adequately into motion or request for production or
subpoena duces tecum.
If a person: (a) the persons full name; (b) current business address and phone
number; and (c) the current position and the position at all times relevant to these
interrogatories.
5. Person means any individual, firms, corporations, partnerships, or other entities.
6. Unless otherwise specified, the term subject transaction means the transaction(s)
described in the complaint, including any prior or ongoing contract or communication
relating to that document attached hereto as exhibit A and incorporated herein by
reference, up to and including the date of your answers to these interrogatories.
Specifically, subject transaction or loan transaction includes each and every
agreement, contract, communication or transaction between Defendant and Plaintiff
and/or its agents, representatives and employees, between Plaintiff and its assignor,

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Fidelity Mortgage, a division of Delta Funding Corporation (hereinafter referred to as

Fidelity), and between Plaintiff and its agents, representatives and employees.
7. Unless otherwise specified, administration of account means actions including but
not limited to the formation or maintenance of the initial and any subsequent
agreements, contracts, acceptance of payments, correspondence with Plaintiff, and
assignments.
NOTE: If you do not have sufficient space to include your answer directly below each
interrogatory, please attach additional, numbered pages as necessary, indicating the
page where each answer can be found. Each interrogatory should be answered by the
person or persons who has/have the most knowledge and /or authority as to the subject
matter of that specific inquiry.
INTERROGATORIES
1. State the name, job title, and address of each person providing information in
response to these interrogatories.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________
2. Provide the following information for all employees, representatives, and agents
of Plaintiff who had any involvement with Defendants or with Fidelity in relation to
the assignment, transfer of ownership, management, maintenance, or
administration of the subject debt reflected by that document attached hereto as
exhibit A and incorporated herein by reference. As to each such individual,
please state:
(a) full name, (b) present or last known business addresses and telephone
numbers; (c) date first employed by you; (d) whether presently employed
by you; (e) all job title(s) and dates during which each job was held; and if
not presently employed, date of birth, and (f) state, generally, each
individuals involvement (e.g., preparation of documents, notarizing
signatures, approval of financing terms, communications with the
borrower; sending of notices, disbursement of funds, etc.).
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
__________________________________________________________

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3. State the date and subject matter of each oral or written communication: (a)
between or among any of the parties to this action, and (b) between you and any
other person or entity (other than your counsel), relating to the subject account
and/or transaction.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________
4. Identify any individuals, employees, or agents of Fidelity that had any
involvement or communication with Plaintiff in relation to the subject transaction
and/or that document attached hereto as exhibit A and incorporated herein by
reference. As to each please state the following:
State the date and subject matter of each such oral or written
communication: (a) between or among Fidelity and any of the parties to
this action, and (b) between Fidelity and any other person or entity (other
than your counsel), relating to the subject account and/or transaction.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
5. Please state with specificity all documents, files, correspondence, emails, or
electronic communication of any nature or other information of any nature
relating to the debt referred to in that document attached hereto as exhibit A
and incorporated herein by reference, which you were provided or had access to
on or before January 3, 2008 that was maintained or in the possession of Fidelity.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
6. Please state with specificity all efforts undertaken by you including, without
limitation, all documents referred to by you to determine whether Defendants
were current or in default under the terms and conditions of that debt referred to
in that document attached hereto exhibit A and incorporated herein by
reference.

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________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
_______________________________________________________________
7. Did you have access to the file and/or loan history and/or income, and eligibility
information maintained by Fidelity at the time of the subject transaction?
a. If your answer is no, please explain.
b. If your answer is yes, please list all such documents and whether those
documents are currently in your possession.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
8. Please state with specificity all actions, inquires, and efforts undertaken by you to
verify the following, indicating the name, last known address and telephone
number of that person most knowledgeable regarding the same, the date, and
the information discovered:
a. The status of the subject transaction and whether the debt was current on
or before the date you received assignment of the subject debt; and
b. Whether Defendants had the present ability to make payments in accord
with the subject debt at the time you accepted assignment of same.
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
THREE RIVERS LEGAL SERVICES, INC.
____________________________________
Attorney for Homeowner

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by regular U.S. Mail to __________________, Attorneys for
Plaintiff,____________, ________, Florida ______, this ___ day of August, 2010.
____________________________________
Attorney

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