Discovery IDEAS

STATE OF NEW MEXICO
SANTA FE COUNTY
FIRST JUDICIAL DISTRICT COURT
CASE NO. D-101-CV-2013-02867
OCWEN LOAN SERVICING, LLC,
Plaintiff,
vs.
ELIZABETH W. ZEILER, AUDREY W. KEEBLER AND THE UNKNOWN SPOUSE OF
ELIZABETH W. ZEILER, IF ANY,
Defendant(s).
DEFENDANT ZEILERS FIRST REQUEST FOR ADMISSIONS, FIRST SET OF
INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION
TO:
ROSE L. BRAND & ASSOCIATES , P.C.

Penelope M. Quintero
7430 Washington St., NE
Albuquerque, NM 87109
TEL: (505) 833-3036
FAX: (505) 833-3040
Penelope.Quintero@roselbrand.com
Attorneys for Plaintiff
COMES NOW, Defendant Elizabeth Zeiler, by undersigned counsel of record, Gleason
Law Firm, LLC, Deirdre Gleason appearing, and pursuant to Rules 1-033 and 1-034 NMRA
2002 propounds the following Request for Admissions, Interrogatories and Request for
Production of Documents to Plaintiff Ocwen Loan Servicing, LLC. The Admissions,
Interrogatories and Production of Documents must be served on the Defendant within 30 days
from the date of service at the mailing address of Gleason Law Firm, LLC, 5 Bisbee Ct. Ste. 109243, Santa Fe, New Mexico 87508, in accordance with Rule 1-034, unless counsel make other
arrangements by mutual agreement.
FIRST REQUEST FOR ADMISSIONS
REQUESTING PARTY: Elizabeth Zeiler
RESPONDING PARTY: Ocwen Loan Servicing, LLC
Page 1 of 12
The Responding Party is requested to admit or deny the truth of stated facts or the
genuineness of certain documents. With limited exceptions, You will not be permitted to change
the answer You give. Penalties or costs may apply should Your answer be later proven by the
Requesting Party to be inaccurate or false. The answers You provide, even if via Your attorney,
will be deemed to be provided by You and under oath unless You clarify otherwise. You must
serve Your responses on the Requesting Party in accordance with the Courts rules.
Your answers to these requested admissions must be dated, verified, and signed. Whether or
not You comply with such requirements, each response provided to the Requesting Party by You
or Your attorney will be deemed to be provided under oath by You with an intention that the
Requesting Party rely on same and deem it to be Your honest and well-reasoned response to the
specific requested admission.
Definitions for Purposes of these Requests for Admissions:
Document or Documents means a writing, email, office memo, or fax, whether of digital
or hardcopy format, accounting entry, a photocopy or picture of a writing, whether handwritten,
printed, or typed, and without limitation as to how the Document might be further described
based on its label, title, content, size, or usage, so long as it is in Your possession, custody, or
control, or it is accessible to you because it is held by Your agent or servicer.
Complaint means the Complaint For Foreclosure You filed in this lawsuit.
Insurance means any contract or agreement that is intended to reduce or compensate for a
financial loss due to uncollectibility or asset value shrinkage related to the Mortgage Loan,
regardless what label is carried by such contract or agreement, and regardless whether the issuer
of the insurance is a private, governmental or governmentally supported Person.
Lender means USAA Federal Savings Bank LLC.
Note means Exhibit A to Your Complaint.
MERS means Mortgage Electronic Registration Systems, Inc., the entity named in the
Mortgage
Mortgage means Exhibit B to the Complaint.
Mortgage Loan means the Note and Mortgage.
Person means individual, corporation, government entity or agency, trust, or any other legal
or business entity.
Property means the real property described in the Mortgage.
Securitization or Securitized means the pooling or combining of residential mortgage
loan assets in ways that result in mortgage-backed securities that get sold to investors.
You, Your, and Yours mean the Responding Party.
You Are Requested to Admit that Each of the Following Facts Is True:
1. Admit that You never sold or transferred an interest in the Mortgage Loan, Note or
Mortgage.
Admit
Deny
Page 2 of 12
2. Admit that You do not know the detail of the agreements or arrangements involved in
each of the transfers of all or partial interests in the Mortgage Loan since it was created
through the present time.
Admit
Deny
3. Admit that You do sought payments related to Insurance proceeds, dispute settlements,
accommodation indorsement warranties or indorsement warranties that related in any way
to or reference the Mortgage Loan, or any part of it.
Admit
Deny
4. Admit that You have not reviewed each contract or agreement involving the Mortgage
Loan which resulted in a transfer, assignment, sale, exchange, pledge, loan servicing
arrangement, indorsement or Securitization of the full or any portion of the Mortgage
Loan.
Admit
Deny
5. Admit that you did not own the Mortgage at the commencement of this lawsuit.
Admit
Deny
6. Admit that your current involvement with the Mortgage Loan is that of loan servicer or
agent for some other Person.
Admit
Deny
7. Admit that MERS did not participate in the preparation and creation of Exhibit C of the
Complaint.
Admit
Deny
8. Admit that MERS never purchased or acquired any ownership or controlling interest in the
Note or Mortgage.
Admit
Deny
9. Admit that You do not claim status as a holder of the Note pursuant to 55-3-301(i)
NMSA.
Admit
Deny
10. Admit that MERS did not know and had made no effort to know the identity of the Person
entitled to enforce the Note at the time the Assignment of Mortgage (Exhibit C,
Complaint) was created.
Admit
Deny
11. Admit that MERS received no instruction or authorization from any Person requesting it
Admit
Deny
Page 3 of 12
to createAdmit
the Assignment of Mortgage (Exhibit C, Complaint).
Deny
12. If You have physical possession of the Note, admit that You dont know how, when, from
what Person You obtained that possession.
Admit
Deny
Page 4 of 12
13. Admit that MERS did not request or instruct any individual or Person to prepare or
execute the Assignment of Mortgage (Exhibit C, Complaint).
Admit
Deny
14. Admit that MERS has no Document received from any Person requesting the creation and
issuance of the Assignment of Mortgage (Exhibit C, Complaint).
Admit
Deny
15. Admit that You made no investigation of whether Your immediate predecessor had the
right to enforce the Note before it transferred possession of the Note to You.
Admit
Deny
16. Admit that the individual who executed the Assignment of Mortgage (Exhibit C,
Complaint) at that time was not an employee of MERS.
Admit
Deny
17. Admit that the individual who executed the Assignment of Mortgage (Exhibit C,
Complaint) received no Document or instruction from MERS to take that action regarding
the Mortgage Loan.
Admit
Deny
18. 19. Admit that You do not claim status as a holder in due course of the Note pursuant to
NMSA 55-3- 302.
Admit
Deny
19. Admit that YOU sold or transferred full or partial interests in the Mortgage Loan.
Admit
Deny
20. Admit that You do not have the complete history of the chain of ownership and control of
the Mortgage Loan since its inception.
Admit
Deny
21. Admit that the Mortgage Loan was Securitized.

Admit
Deny
22. Admit that You issued no instruction to MERS requesting it to issue the Assignment of
Mortgage (Exhibit C, Complaint).
Admit
Deny
23. Admit that the Mortgage Loan has been sold or transferred amongst several Persons since
it was created.
Admit
Deny
24. Admit that Assignment of Mortgage (Exhibit C, Complaint) was executed by Your
employee.
25. Admit that You have no Document establishing that You ever engaged MERS to act as
nominee respecting the Mortgage.
Admit
Deny
26. Admit that You have no Document establishing that MERS ever agreed to act as Your
nominee respecting the Mortgage.
Admit
Deny
27. Admit that You sold interests in the Mortgage Loan to one or more Persons.
Admit
Deny
28. Admit that You claim that the Note is a negotiable instrument pursuant to the Uniform
Commercial Code.
Admit
Deny
FIRST SET OF INTERROGATORIES

The Responding Party is requested to answer these interrogatories within the time and by the
method prescribed by the Courts applicable rules. In answering these interrogatories You are
required to provide all information reasonably available to You, Your agents, representatives,
employees, attorneys and investigators.
If You are unable to answer any interrogatory after exercising due diligence in attempting to
do so, please answer to the extent of Your ability and indicate the reason for Your inability to
answer more fully, accurately, or responsively as the case might be. The information You
provide will be deemed to be all of, and the only, information you have regarding the particular
interrogatory if you do not indicate otherwise as provided by this paragraph.
You are required to make a good faith effort to comply with these interrogatories, and the
Courts rules of discovery require that of You.
If objections are interposed to any interrogatory, please state the complete basis of the
objection to that interrogatory, including legal authority upon which You base Your objection
regarding that specific interrogatory.
If You contend that any information sought is protected by attorney-client or other privilege,
You are required to state the factual basis for such alleged privilege regarding the specific
information requested.
If You are confused about any term or request included in these interrogatories, You are
welcome to seek clarification from the Requesting Party.
If Your answer to an interrogatory requires more space than that provided below a respective
interrogatory, You are welcome to use extra pages.
Page 5 of 12
Unless otherwise noted, these requests are for the period commencing with the date the Note
Page 5 of 12
was created through the present time.

Your answers to these interrogatories must be dated, verified, and signed. Whether or not You
comply with such requirements, each response provided to the Requesting Party by You or Your
attorney shall be deemed to be provided under oath by You with an intention that the Requesting
Party may rely on same and deem it to be Your honest and complete response to the specific
interrogatory.
Definitions:
For purposes of responding to these interrogatories, the following words shall have the below
ascribed meanings:
Document or Documents means a writing, email, office memo, or fax, whether of digital
Identify or Identifying with respect to a Document means describe the type of Document
(i.e., letter, memorandum, work-paper, schedule, report, contract, etc.), the title or name by
which You refer to it, the date of the Document, the identity of the author(s) or the Person(s) who
created the Document, how You came to have that Document, a general description of the
subject matter of the Document, and whether the Document is complete as to all of its pages and
exhibits. In the alternative to Identifying a Document for a particular interrogatory response, You
are welcome, at Your election, to submit a complete copy of the subject Document to the
Requesting Party along with Your answer to that interrogatory.
Identify or Identifying with respect to an individual means provide that individuals
name, employer, business address, phone number, and the individuals title at his or her place of
employment.
Note means the Note, which is attached to Your Complaint as Exhibit A.
Mortgage
or business entity.
Page 6 of 12

Interrogatory No. 1:
Please Identify each and all Documents You and any of Your predecessors in interest in the
Mortgage Loan issued to or received from the Requesting Party from the date the Note was
created to the present time. Items of record in this lawsuit need not be included in Your
response.
Answer:
Requesting Party issued his First Request For Admissions to You. For each requested admission
that You denied, or did not simply admit, please explain each such response to the requested
admission, and Identify all of the Documents upon which You relied in making each such
response.
Answer:
If You claim an ownership interest in the Mortgage Loan, please explain Your interest, including
but not limited to when You acquired that interest, whether it is a full or limited interest,
whether, and in what way, Your interest has changed since You first acquired it, how much You
paid for Your interest, and, if applicable, how much You received when Your interest was
reduced or changed, and Identify the Documents upon which You base Your answer.
Answer:
Page 7 of 12
Please Identify the individual or individuals responding to these interrogatories on Your behalf,
including but not limited to the answers or portions thereof provided by each such identified
individual.
Answer:
If a mediation or settlement conference should occur during this litigation, please describe Your
authority to negotiate a settlement of this case, including, but not limited to, whether You have
unlimited authority or whether You have to obtain another Persons permission to accept or
negotiate a settlement, and if another Person is involved, please identify such Person, including
name, location, phone number, employer (if the Person is an individual), and relationship to You,
and Identify all Documents upon which You base Your answer.
Answer:
Please describe the physical status of the Note, including, but not limited to, when You last saw
it, when You first took possession of it, when you released possession to another Person, when
You regained possession and from what Person, and Identify the Documents upon which You
base Your answer.
Answer:
Page 8 of 12
Please describe the process by which You investigated and evaluated the chain of title,
ownership and control of the Mortgage Loan, the results of that work and Identify the
Documents You used, investigated and generated, including, but not limited to, the instructions,
manual or policy papers You followed or those used by the individuals who made those
investigations and determinations for You.
Answer:
Please describe what Insurance was available to offset financial losses associated with the
Mortgage Loan and the status of each and every claim filed regarding such Insurance. In your
description, Identify each Document mentioning or about the creation of such Insurance and each
claim made against such Insurance.
Answer:
Please describe how You accounted in your accounting records for the Mortogage Loan from its
inception to the current time, and Identify each Document that shows your asset, liability or
revenue accounting, including journal and subledger entries or records regarding the Mortgage
Loan from its inception to the current time.
Answer:
Page 9 of 12
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

Instructions and Guidelines:
This demand calls for Documents in Your possession or under Your control even if in the
possession of Your agents, attorneys, or others.
If You object to being required to produce certain requested Documents, please set forth, with
legal authority, the reasons for Your objection, along with Your statement as to whether You
actually have such Documents to which Your objection relates.
You must also identify any Document responsive to the particular demand that You are
withholding from production based upon a claim of privilege or other protection. As to such
Document being withheld, state the particular privilege or protection being invoked and also
provide for each such Document the following information to the extent known or available to
You:
1.
Title or subject matter of Document;
2.
The date appearing on the Document;
3.
Author;
4.
Number of pages;
5.
The identity of the individuals or entities that have received an original or copy of
such Document, including, but not limited to, name, address, phone number, and, if an
individual, his or her employer, and job title;
6.
The present location of the Document; and,
7.
Identify the Person that has custody, control, or possession thereof.
Unless You state otherwise, Your production of Documents will be deemed to be the totality
of Your Documents, and it will be concluded that You have no other documentary evidence
related to the specific request for production. Your effort to later produce or use Documents not
timely produced with Your response to this First Request for Production of Documents will be
denied unless circumstances for the delay or failure to timely produce same are acceptable to the
Requesting Party.
You are welcome to contact the Requesting Party for further clarification as to a request made
hereby.
You must serve the Requesting Party with Your produced Documents responses in
accordance with the Courts applicable rules, or make them available for inspection and copying
under an arrangement acceptable to the Requesting Party.
Unless otherwise noted, these requests are for the period commencing with the date the
subject Mortgage Loan was created through the present time.
Your production of Documents must be dated, verified, and signed. Whether or not You
comply with such requirements, Your production of Documents will be deemed to be all that You
have in the way of Documents which are responsive to this demand unless You otherwise state in
Your response that You have not provided all of the Documents requested along with an
explanation of why not and You Identify each Document You have not produced.
Definitions:
Page 10 of 12
The following words shall have the meanings described below:

Document or Documents means a writing, email, office memo or fax, whether of digital
Identify or Identifying with respect to a Document means describe the type of Document
(i.e., letter, memorandum, work-paper, schedule, report, contract, etc.), the title or name by
which You refer to it, the date of the Document, the identity of the author(s) or the Person(s) who
created the Document, how You came to have that Document, a general description of the
subject matter of the Document, and whether the Document is complete as to all of its pages and
exhibits. In the alternative to Identifying a Document for a particular interrogatory response, You
are welcome, at Your election, to submit a complete copy of the subject Document to the
Requesting Party along with Your answer to that interrogatory.
Identify or Identifying with respect to an individual means provide that individuals
name, employer, business address, phone number, and the individuals title at his or her place of
employment.
Note means the Note, which is attached to Your Complaint as Exhibit A.
Mortgage
or business entity.
The Responding Party is requested to produce the following Documents:
Request for Production No. 1:
Please produce each and every Document identified by You in Your Answer to the First Set of
Interrogatories issued to You by the Requesting Party.
Page 11 of 12

Please produce all of Your Documents involving, mentioning, or about the Mortgage Loan, or
any part of it, including, but not limited to, agreements, contracts or arrangements involving
ownership, transfer, exchange, loan servicing, pledge, sale, purchase or indorsement, and
Securitization or agency relationships between You and any Person; communications of any and
every type to and from any Person that involve the Note or Mortgage; all communications issued
or received involving insurance, dispute settlement, accommodation indorsement or other
indorsement warranties; and all accounting information regarding asset, liability, revenue and
expense Documents related in any way to the Mortgage Loan, the Note or the Mortgage.
Please produce all Documents issued by You to, or received from, any Defendant in this lawsuit,
Documents of record in this lawsuit need not be produced pursuant to this request.
Please produce all of Your Documents mentioning, accounting for, or involving any Insurance
and claim(s) against such Insurance from the time the Mortgage Loan was created to the present
time.
Please produce all of Your Documents respecting the Mortgage Loan (any part of it) or Property
that in any way involve, mention, or name MERS.
Please produce all of Your Documents that establish when and under what circumstances You
acquired, disposed of, or reacquired any interest in the Mortgage Loan.
Please produce all of Your Documents that are about, mention, or involve Your evaluations and
inspections of the transfer of interests in the Mortgage Loan from its creation in 2009 to the
present time.
If the Mortgage Loan was Securitized, please produce all of Your Documents that are about,
mention, or involve that Securitization.
Dated: March XXX, 2015
Respectfully Submitted,
GLEASON LAW FIRM, LLC
By
/s/ Deirdre Gleason e-signed

Deirdre Gleason
5 Bisbee Ct., Ste. 109 - 243
Santa Fe, New Mexico 87508
Tel: 505-333-8636/Fax: 505-819-5050
gleasonlawfirm@gmail.com
Attorney for Elizabeth Zeiler
Page 12 of 12

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STATE OF NEW MEXICO

ROSE L. BRAND & ASSOCIATES , P.C.

21. Admit that the Mortgage Loan was Securitized.

FIRST SET OF INTERROGATORIES

was created through the present time.

Securitization or Securitized means the pooling or combining of residential mortgage

FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

The following words shall have the meanings described below:

Request for Production No. 2:

/s/ Deirdre Gleason e-signed

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