STATE OF NEW MEXICO

COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT

No. D-101-CV-2016-00249

U.S. BANK NATIONAL ASSOCIATION,

not in its individual capacity, but solely as trustee
for the RMAC Trust, Series 2016-CTT,

Plaintiff,

vs.

MARK F. COBLE,

Defendant.

DEFENDANT’S REQUEST FOR FIRST SET OF ADMISSIONS

AND PRODUCTION OF DOCUMENTS

REQUESTING PARTY: Defendant Mark F. Coble

RESPONDING PARTY: U.S. BANK NATIONAL ASSOCIATION,

not in its individual capacity, but solely as trustee
for the RMAC Trust, Series, 2016-CTT.

COMES NOW Mark F. Coble, Defendant, by and through N. Ana Garner, Attorney, to
tender to Plaintiff the following request for admissions and production of documents. You are
requested to answer the following Admissions and provide the requested documents, under oath,
based upon information available to you, your agents or attorneys, pursuant to S.C.R.A. Section
1-033 and all other applicable Rules of Civil Procedure within the time prescribed by law (30
days from service).

Respectfully submitted,

___________________
Mark F. Coble
Defendant

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 CERTIFICATE OF SERVICE

I hereby certify that on this ____ day of November 2017, the foregoing was mailed
first class to
opposing counsel:

Attorneys for Plaintiff

Deborah Nesbitt
Little Bradley and Nesbitt, P.A.
P.O. Box 3509
Albuquerque, NM 87190
(505) 248-2400

____________________________
Mark F. Coble
Defendant
4736 Via Verde Ct.
Santa Fe, New Mexico 87507
(505) 795-9711

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 APPLICABLE DEFINITIONS AND INSTRUCTIONS

As used herein, “you” or “your” shall refer to Plaintiff in this case, U.S. BANK
NATIONAL ASSOCIATION, not in its individual capacity, but solely as trustee for the RMAC
Trust, Series 2016-CTT and any other person acting or purporting to act on behalf of Plaintiff
and shall include each present and former employee, agent, representative and attorney. If there
is any question about the definition of a word refer to Black’s Law Dictionary for clarification.
FHHL is First Horizon Home Loans. NSM is Nationstar Mortgage, LLC. AOM is assignment of
mortgage. Trust is RMAC Trust, Series 2016-CTT. You are requested to furnish all information
available to you or subject to your reasonable inquiry including information in the possession of
your attorneys, accountants, advisors, or other persons directly or indirectly employed by or
connected with you or anyone else subject to your control. In answering these interrogatories,
you must make a diligent search of your records and of all materials and information in your
possession or available to you.
If these interrogatories cannot be answered to the fullest extent requested, please specify
the reason for your inability to answer the interrogatory fully and state what information or
knowledge you have regarding the unanswered portion.

In addition to supplying the information required to answer the interrogatories, please

identify and describe all documents to which you refer in preparing your answer. If anything has
been deleted from a document identified in these interrogatories, describe the subject matter of
the deletion in your response, and state the reasons for it, the date of the deletion, and identify the
person(s) who accomplished or is responsible for each deletion.

If an interrogatory covers information which cannot be produced because it has been

destroyed, cannot be located, is no longer in your possession, custody, or control, or is otherwise
thought no longer to exist, you are instructed to provide the following information with respect to
each such document:

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"EXHIBIT A"
(i) The form of the document;
(ii) The date of its preparation or any date thereon;
(iii) The author(s);
1. As used herein, “document” means any medium upon which information can be recorded
or retrieved; any written, printed, electronic or graphic matter, however produced or
reproduced, and is intended to be comprehensive and to include, without limitation, any
and all papers, records, written correspondence, computer-generated documents or files,
letters, telegrams, agreements, notes, contracts, mortgages, leases, instructions, financial
statements, financial reports, checks (whether cancelled or otherwise), reports, receipts,
demands, memoranda, data, schedules, studies, notices, work papers, electronic recordings,
photographs (including blow-ups of photographs), motion pictures, charts, analyses,
indexes, data sheets, intra-corporate or inter-office communications, notebooks, diaries,
sketches, drawing, plats, blueprints, x-rays, diagrams, forms, manuals, brochures, lists,
publications, drafts, minutes, records of phone calls, calendars, date books and expense
records.
2. As used herein, “person” means any natural individual in any capacity whatsoever; and any
entity or organization, including divisions, departments, subsidiaries, and other units
therein, and shall include, but not be limited to, a private or public corporation, partnership,
joint venture, voluntary or unincorporated association, organization, proprietorship, trust,
estate, governmental agency, commission, bureau and department.
3. As used herein, “identify” in reference to a person shall mean to state such person’s full
name, address and telephone and email contact information if known.
4. As used herein, “identify” with reference to a document shall mean to state the date and
type of document (e/g/, letter, memorandum, report, etc.) and its present location, or to
otherwise identify it with sufficient particularity to be readily subject to a request for
production.

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 5. As used herein, “fact” shall refer to a thing done; an action performed, or an incident
transpiring; an event or circumstance; or an actual occurrence. It does not include an
opinion or a conclusion.
6. As used herein, “action” shall mean the above-captioned proceeding pending in this Court.
7. As used herein, “note(s)” shall refer to the Note(s) used in the complaints by Plaintiffs.
8. As used herein, “mortgage” or mortgages mean the mortgage “copies” used in the
complaints by the Plaintiffs.

DEFENDANT’S FIRST REQUEST FOR ADMISSIONS

Definition of Terms:
“AOM” is assignment of Mortgage
“NSM” is Nationstar Mortgage
“FHHL” is First Horizon Home Loans
“Freddie Mac” is Federal Home Loan Mortgage Corporation
“Fannie Mae” is Federal National Mortgage Association
“Trust” is RMAC Trust, Series 2016-CTT

1. Admit that the Plaintiff cannot document knows the date the indorsement was placed on
the Note.
2. Admit that Belinda DeArman was no longer employed by First Horizon Home Loans
when the indorsement was placed on the Note.
3. Admit that Plaintiff is the not holder of the note with all rights.
4. Admit that Plaintiff cancannot demonstrate and document all of the beneficial rights that
were transferred from Nationstar Mortgage, LLC to Plaintiff.
5. Admit that Plaintiff cannot demonstrate and document all of the beneficial rights that
were transferred from First Horizon Home Loans to Nationstar Mortgage, LLC.
6. Admit that Plaintiff cannot demonstrate and document the consideration paid for the
Note.

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7. Admit that Kevin Friday and Tiera Lynde Thune all parties onto the AOM, dated March
14, 2012 , from FHHL to FHHL, were employees of NSM at the time that AOM was
executed.
8. Admit that FHHL assigned the mortgage to themselves from themselves.
9. Admit that NSM the Plaintiff knows the entity or person thinstructedat directed the
AOM, dated March 14, 2012 to be created. from FHHL to NSM.
10. Admit that FHHL attached an unendorsed Note to the initial complaint against
Defendant dated 05/11/12.entered a note with an indorsement in their case against
Defendant.
11. Admit that the Plaintiff is the custodian of the collateral file.
12. Admit that Freddie Mac claimed beneficial rightsan ownership to interest in the Note and
Mortgage.
13. Admit that Fannie Mae claimed beneficial rights to an ownership interest in the Note and
Mortgage.
14. Admit that Plaintiff’s attorneys are not qualified as experts to determine if a Note is
original or not. to know if Note is original or not.
15. Admit that Plaintiff has always been in possession of the Note.
16. Admit that the Plaintiff is not named on the Note.
17. Admit that Plaintiff is the holder in due course, with all beneficial rights, of the note
under New Mexico Uniform Commercial Code.
18. Admit that the Plaintiff is only a debt only a debt collector in this complaint.
19. Admit that Plaintiff canhasnot accounted for validated the chain of possession of the note
since inception..
20. Admit that Plaintiff purchased the Note from Freddie Mac.
21. Admit that FHHL was in possession of the complete collateral file, including servicing
history records, at the commencement of the complaint filed 05/11/12.the Plaintiff has
complete servicer file(s) on Defendant’s loan.
22. Admit that Plaintiff cancannot document the complete chain of possession of the note
from inception.
23. Admit that current Plaintiff directed and instructed the AOM be created from NSM to
Plaintiff.

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24. Admit that Plaintiff has an AOM from Freddie Mac to Plaintiff.
25. Admit that Freddie Mac owned the beneficial rights to possessed the Note and Mortgage
as of 04/17/08..
26. Admit that Fannie Mae possessed the NMote and Mortgage.
27. Admit that FHHL sold and transferred their beneficial rights to the Note and Mortgage to
Freddie Mac.
28. Admit that Plaintiff(s) has/have used “title clearing” or “title remediation” or “title
restoration” services by Nationwide Title Clearing, Inc., regarding the creation of the
AOMs in this complaint.
29. Admit that the NSM affiant, Jenny Menyweather, does not state nor know knows the date
when the indorsement was placed on the Note. the date of the Note indorsement.
30. Admit Plaintiff cancannot document and demonstrate that NSM paid consideration to
FHHL for the note and mortgage.
31. Admit that an attorney-in-fact document, regarding the AOM from FHHL to NSM was
recordednot recorded in Santa Fe County prior to June 1, 2016.
32. Admit that Plaintiff has not employed, with a contract, Little, Bradly and Nesbitt, P.A.,
attorneys.
33. Admit that Plaintiff does not direct Little, Bradly and Nesbitt, P.A. attorneys, attorneys.
34. Admit that the Plaintiff does not havehas authority to instigate or conduct this foreclosure
according to the Trust Agreement between RMAC Trust, Series 2016-CTT and the
Plaintiff.
35. Admit current Foreclosure Complaint lacks the necessary Assignment of Mortgages.
36. Admit Kevin Friday and Tiera Lynde Thune were employed by Nationstar Mortgage
LLC on March 14, 2012.

36. Admit that Plaintiff’s exhibits are not copies under NMRA 1978 1-005.2 (I).
37. Admit that Belinda DeArman left the employment of FHHL in August of 2008.
38. Admit that Belinda DeArman has been employed by NSM since July, 2011.
39. Admit that FHHL in their initial Foreclosure Complaint against defendant state in
¶Paragraph 7 state “the Note and the Mortgage were subsequently assigned to FHHL.”

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 40. Admit that there exists ane was an assignment of the Note from FHHL to NSM as stated
in the affidavit of NSM affiant Jenny Menyweather dated December 17, 2013.
41. Admit that NSM claimed ownership of the Note and Mortgage.
42. Admit that Plaintiff FHHL’s “Certification of Possession of Original Note” submission to
the Court did not contain a copy of the alleged Note.
43. Admit that the Plaintiff and former Plaintiffs in this case are not public bodies.
44. Admit that non personal identifiers, as defined by New Mexico Inspection of Public
Records Act, were redacted from the submitted Note, the Mortgage and the Assignments
of Mortgage.
45. Admit that Plaintiff knows the party that redacted the various alleged copies of the Notes,
Mortgages and Assignments of Mortgage in this case.
46. Admit that the Summons served was not not served by the correct party in interest to this
case.
47. Admit that if a document called a “copy” does not conform to the original at the time of
duplication, it is a forged document if presented in the pleadings.
48. Admit that Plaintiff’s exhibits are not copies under NMRA1-005.2 (I) 1. Current through
the First Special Session of the Fifty-Third Legislature (2017) Includes Rules effective
August 1, 2017 as those said “copies” do not conform to the originals as they, the
originals, existed at time of duplication.
46.

DEFENDANT’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS

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:

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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 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 Court’s 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

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explanation of why not and you Identify each Document you have not produced.

Request for Production No.1: Please produce the “collateral/custodial” file and all reports and
entries from the different document custodian’s tracking systems concerning possession of the
subject Note/Loan.
Request for Production No. 2:
Please produce all of your Documents involving, mentioning, or about the subject 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, including your chart of accounts,
regarding asset, liability, revenue and expense Documents related in any way to the subject
Mortgage
Loan, the Note or the Mortgage.
Request for Production No. 3:
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.
Request for Production No. 4:
Please produce all of your Documents that establish when and under what circumstances you
acquired, disposed of, or reacquired any interest in the Note, Mortgage or Mortgage Loan.
Request for Production No. 35:
Please produce all of your Documents that are about, mention, or involve your evaluations
and inspections of the transfer of beneficial interests in the Mortgage Loan, Note and Mortgage
from the date of inception of the Mortgage to the present time.
Request for Production No. 46:
Please produce the Documents establishing when, where, and under what laws, rules or
regulationsterms you (the Trust) were created..

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Request for Production No. 57:
Please produce all of the physical and/or electronic accounting journal entries, related to the
borrower’s borrower’s subject Note, its balance, current value, payment, write-offs and losses
that are contained in the financial, accounting and general ledger system of the alleged owner of
the Note.

Request for Production No. 68:

Please produce;
A. All written assignments ever created for the note and mortgage whether recorded or not;
B. All corporate resolutions and power of attorneys for any Assignor’s signatory;
C. The check or wire for payment of the Note when it was taken for consideration;
D. Evidence of “payment for value” for the Note;
E. The contract/agreement for the purchase of the Note by current Plaintiff;
F. The contract with the corresponding schedules of loans sold that included the subject
Note;
G. Copies of the alleged owner’s general ledger and corresponding journal entries, schedules
and sub-ledgers recognizing the Note as an asset on the alleged owner’s books for all
times the Note is claimed to be owned;
H. Custodial, trust, and transmittal receipts, reports, and certifications for subject Note in
Complaint when securitized. (As sold to Freddie Mac or Fannie Mae for example.)
I. MERS milestones report for subject Note from inception or as long as MERS was
“nominee” for the subject Loan/Mortgage.
J. Corporate Authorization, powers of attorney, and corporate resolutions for all signatories
appearing on assignments and indorsements regarding subject Note and Mortgage;
K. Data and records related to when all assignments and indorsements were created for the
subject Note and Mortgage; and
L. All electronic data and records in the system supporting and related to the previous
requests.
L.
Request for Production No. 9: Please produce the identities of the parties from the Plaintiff
who assisted in answering these requests.

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Request for Production No. 10: Please produce the identity of the company of each and every
servicer to the loan and their servicing dates of the Note Loan.
Request for Production No. 711:
Provide the Attorney-Client agreement between the Plaintiff and the Attorneys in this case.
Redactions of dollar amounts and length of employment accepted.

INTERROGATORIES
Interrogatory No. 1:
Please identify all of your Documents mentioning, accounting for, or involving any
Insurance and claim(s) against such Insurance from the time the subject Mortgage Loan was
created to the present time.
Interrogatory No. 2:
Please identify all of your Documents that establish when and under what circumstances you
acquired, disposed of, or reacquired any beneficial interest in the subject Note, Mortgage or
Mortgage Loan.
Interrogatory No. 3:
Please identify the names and contact information for the party or parties who provided answers
for the Plaintiff.
Interrogatory No. 4:
When was the subject Trust created?
Interrogatory No. 5:
Under what State laws, rules or regulations was the subject trust created?
Interrogatory No. 6:
Please identity the name of each and every servicer to the loan and their servicing dates of the
subject Note and Mortgage Loan.

PRODUCTION OF DOCUMENTS CONTINUED

Request for Production No. 9:
Please produce the documents identified in Interrogatory no: 1.
Request for Production No. 10.
Please produce the documents identified in Interrogatory no: 2

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Request for Production No. 11.
Please produce the documents identified in Interrogatory no: 3.
Request for Production No. 12.
Please produce the documents identified in Interrogatory no: 4.
Request for Production No. 13.
Please produce the documents identified in Interrogatory no: 5.
Request for Production No. 14.
Please produce the documents identified in Interrogatory no: 6.

____________________
Mark F. Coble
Defendant
All Rights Reserved
4736 Via Verde Ct.
Santa Fe, NM 87507
505-795-9711

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