Gary Hare, ESQ. (Bar No.

#86938)
1 Global Capital Law, PC
2 8700 Warner Avenue, Suite 200
Fountain Valley, CA 92708
3 Phone: (714) 907-4182
Fax: (714) 907-4175
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Email: ghcmecf@gmail.com
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Attorney for Debtor and Plaintiff,
6 Brian W Davies
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8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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In re: ) Chapter 7
11 BRIAN W DAVIES, )
12 Debtor. ) BANKRUPTCY CASE NO. 6:10-BK-37900
_______________________________ )
13 BRIAN W DAVIES, ) ADV. PROCEEDING NO. 6:11-ap-01001
Plaintiff, )
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vs. )
15 DEUTSCHE BANK NATIONAL TRUST ) PLAINTIFF FIRST SET OF REQUESTS
COMPANY AS TRUSTEE OF THE ) FOR ADMISSIONS TO DEFENDANT
16 RESIDENTIAL ASSET SECUITIZATION ) DEUTSCHE BANK NATIONAL TRUST
TRUST 2007-A5, MORTGAGE PASS ) COMPANY, AS TRUSTEE, OF THE
17
THROUGH SERIES 2007-E, UNDER ) RESIDENTIAL ASSET SECURITIZATION
18 THE POOLING AND SERVICING ) TRUST 2007-A5, MORTGAGE PASS
AGREEMENT DATED MARCH 1, 2007, ) THROUGH SERIES 2007-E, UNDER THE
19 ITS ASSIGNS AND/OR SUCCESSORS ) POOLING AND SERVICING AGREEMENT
20 IN INTEREST; and all persons claiming ) DATED MARCH 1, 2007
by, through, or under such persons, all )
21 persons unknown, claiming any legal or ) SET ONE
equitable right, title, estate, lien, or )
22 interest in the property described in the )
23 complaint adverse to plaintiff’s title )
thereto; and DOES 1-150, Inclusive; )
24 Defendant. )
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28 PLAINTIFF BRIAN W DAVIES SET 1 REQUEST FOR ADMISSIONS TO DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007-A5
 ADMISSIONS DIRECTED TO DEFENDANT DEUTSCHE BANK NATIONAL
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2 TRUST COMPANY AS TRUSTEE OF THE INDYMAC RESIDENTIAL ASSET

3 SECURITIZATION TRUST 2007-A5

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5 COMES NOW plaintiff and debtor BRIAN W DAVIES (“Plaintiff”), by and

6 through his attorney of record, herewith serves upon (“DEUTSCHE BANK

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NATIONAL TRUST COMPANY”, AS TRUSTEE of the Residential Asset
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Securitization Trust 2007-A5, mortgage pass through series 2007-E, under the
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10 Pooling and Servicing Agreement dated March 1, 2007, (hereinafter “RAST 2007

11 A-5”), (“Defendant”) and as the alleged assigned beneficiary, the following Request
12 for Admissions pursuant to the provisions of Rule 7036 of the Rules of Bankruptcy
13
Procedure, and Rule 36 of the Federal Rules of Civil Procedure. Answers to these
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Admissions must be furnished within forty-five (45) days after service of the
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16 Summons and Complaint or within thirty (40) days after service of these requests

17 for admissions, whichever is later, and demands that Defendants responses be

18 served upon the Plaintiff at the Law Offices of Global Capital Law, PC 8700 Warner
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Avenue Fountain Valley California 92708.
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DEFINITIONS AND INSTRUCTIONS
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23 1. The Defendant incorporates by reference the definitions set forth in
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Defendant’s First Set of Interrogatories to Defendants served contemporaneously
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herewith.
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28 PLAINTIFF BRIAN W DAVIES SET 1 REQUEST FOR ADMISSIONS TO DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007-A5
 2. The term “New Value” shall have the meaning ascribed to such term in
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2 Section 547(a)(2) of the Bankruptcy Code.

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3. Complaint means the Plaintiff’s Complaint filed on January 2, 2011.
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4. These Requests cover all information known or available to the Defendants,
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7 their agents and attorneys and other Persons acting on their behalf or subject to

8 their direct or indirect control.

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10 5. These Requests require responses that are complete and accurate as of the

11 date when such responses are made.

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13 6. The Defendants have a duty to amend a response if they obtain information

14 indicating that any of their responses was incorrect or incomplete when made, or
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that any of their responses, though correct and complete when made, is no longer
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correct and complete.
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7. If a matter is not admitted, the Defendants must specifically deny it or state
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in detail why the Defendants cannot truthfully admit or deny it. Any denial by the
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21 Defendants must fairly respond to the substance of the Request. If the Defendants

22 are required in good faith to qualify an answer or deny only part of a matter, the
23 answer must clearly specify the part admitted and qualify or deny the rest.
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25 8. If the Defendants contend that they lack knowledge or information as a
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reason for failing to admit or deny any Request, the Defendants must represent
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that they have made diligent inquiry into the subject matter of the Request, state
28 PLAINTIFF BRIAN W DAVIES SET 1 REQUEST FOR ADMISSIONS TO DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007-A5
 with particularity why the answer to the Request is unknown and the efforts
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2 undertaken by the Defendants to obtain the answer to the particular Request and

3 Identify each Person who may have information required to answer any Request
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affirmatively or negatively.
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6 9. If the Defendants contend that the answer to any Request is privileged or
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otherwise immune from discovery in whole or in part, or if the Defendants
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otherwise object to any part of any Request, the Defendants must state with
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10 particularity the reasons and factual basis for each objection or ground for

11 exclusion and Identify each Person having knowledge of the factual basis on which
12 the privilege or any other ground for exclusion is asserted. The Defendants may
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not object to any Request on the ground that the Request presents a genuine issue
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for trial.
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16 REQUESTS FOR ADMISSIONS

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18 1. Admit that Mortgage Electronic Registration Systems, Inc. (“MERS”)
held the beneficial interest in Plaintiff's Promissory Note for the mortgage loan after
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RAST 2007-A5 closed on March 1, 2007 and when the purported Assignment of
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the Deed of Trust occurred as verified in the Complaint Answer ¶ 94.
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22 2. Admit that when MERS executed the Assignment on September 20,

23 2010 to DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE of RAST

24 2007-A5, it did not convey a beneficial interest in the Note to DEUTSCHE BANK NATIONAL
TRUST COMPANY.
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26 3. Admit that an assignment done by MERS as the nominee of the purported

27 Originator Universal American Mortgage Company LLC to Defendant over two years after
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28 PLAINTIFF BRIAN W DAVIES SET 1 REQUEST FOR ADMISSIONS TO DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007-A5
 1 the RAST 2007-A5 closed on March 1, 2007 complied with the PSA.

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4. Admit that the Custodian of records is in possession of Plaintiff’s original
3 endorsed Note.
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5. Admit that the there are no allonges affixed to the original
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note.
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7 6. Admit that the aforesaid Note does not contain an endorsement from

8 Seller Indymac Bank FSB to the Depositor Indymac MBS.

9 7. Admit that the aforesaid Note does not contain an endorsement from
10 Depositor Indymac MBS to Defendant.
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8. Admit that the aforesaid Note does not contain an endorsement on the
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Note by Deutsche Bank National Trust Company as Trustee for RAST 2007-A5.
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14 9. Admit that Defendant Deutsche Bank National Trust Company does not

15 possess a delivery and an acceptance receipt for the sale of Defendant's Note from
Seller to Depositor or another special purpose entity in the chain of assignments
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and transfers described in the PSA.
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18 10. Admit that you do not possess any document from the Custodian
19 confirming that all of the required transfers of the Mortgage and Note occurred.

20 11. Admit that you do not possess any document from the Custodian
21 confirming that there is an unbroken chain of transfers from the Originator to the Sponsor or
22 other special purpose entity, from the Sponsor or other special purpose entity to the
23 Depositor and from the Depositor to the trust.
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12. Admit that Deutsche Bank National Trust Company as Trustee and
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Document Custodian for RAST 2007-A5 complied with Section 2.02 of the Pooling and
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26 Servicing Agreement for Plaintiff Note and Deed of Trust.

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28 PLAINTIFF BRIAN W DAVIES SET 1 REQUEST FOR ADMISSIONS TO DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007-A5
 1 13. Admit that Deutsche Bank National Trust Company as Trustee and

2 Document Custodian for RAST 2007-A5 complied with Section 2.02 of the PSA including

3 the certifications required by Exhibits G-1, G-2, and Exhibit H.

4 14. Admit that Onewest Bank FSB was your agent as the principle when the
5 Motion for Relief from automatic stay as [dockets 29, 49] was filed.
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11 Dated: April 7, 2011 ____________________________________
12
13 Attorney for BRIAN W DAVIES
Plaintiff and Debtor
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28 PLAINTIFF BRIAN W DAVIES SET 1 REQUEST FOR ADMISSIONS TO DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007-A5