Request for Admissions Redacted

COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIACIVIL ACTION - LAW

MARY ANN SMILER

PlaintiffV.

NATIONSTATR MORTGAGE, LLC

Defendants

No. 11-05832

PLAINTIFF REQUEST FOR ADMISSIONSDIRECTED TO DEFENDANT

To: Mary Ann Smiler vs. Nationstar Mortgage, LLC

PLEASE TAKE NOTICE that the Plaintiff Mary Ann Smiler, hereby requests that the Defendant,Nationstar Mortgage, LLC. respond to the within request for admissions within the time providedby the Rules of the Court. This request is deemed to be continuing up and including the time oftrial.

CHERI ROBINSON & ASSOCIATES

Date: August 19, 2011 Cheri Robinson, Esq.

1. Deferrdant admits that the " Certrfying officer" who signed this

document is not an employee of MERS.

If the answer is anything other than an unqualified "Yes" please

provide a list which includes the name, last known address, last

known employer and last known contact information of every

"Certtfyrng Officer" of MERS who is an employee of MERS.

RESPONSE:

2. Defendant admits that MERS is not entitled to the payment of any

money with respect to the mortgage that is in issue in this case.

If the answer is anything other than an unqualified "Yes" please

provide a full explanation of MERS claim that it is entitled to

payment of monies due on this mortgage complete with every

document or agreement which MERS relies upon to claim the right to

be paid any monies due under the terms of the promissory note in

issue in this case.

RESPONSE:

3. Defendant admits that MERS, nor a member of MERS, has any rights

to tra:nsfer the ownership of a promissory note by umortgage

assignment.

If the answer to this question is anything other than an unqualified

"Yes" please provide a complete explanation of the claimed right or

authority to transfer the ownership of any promissory note by either

MERS or its member by the use of language in a mortgage

assignment which claims to transfer the ownership of the promissory

note to the person or entity who is the assignee of the mortgage

assignment complete with every document or agreement which

MERti relies upon.

RESPONSE:

4. Defendant admits that MERS cannot legally assign any interest in a

mortgage loan that it does not own.


"Yes" please provide a complete explanation of the claimed ability

for MERS to legally assign any interest in a mortgage loan that it does

not own complete with every document or agreement which MERS

relies upon.

RESPONSE:

5. Defendant admits that MERS does not create any beneficial interest

in a mortgage loan by registering the loan on its system.


"Yes" please provide a complete explanation of the claimed ability

for MERS to create a beneficial interest in a mortgage loan by

registering the loan on its system complete with every document or

agreement which MERS relies upon.

RESPONSE:

6. Defendant admits that the use of the MERS's system (the MERS

database) does not transfer any beneficial interest in any mortgage

loan.


"Yes" please provide a complete explanation for the proposition that

the use of the MERS system (the MERS database) transfers any

beneficial interest in any mortgage loan complete with every

document or agreement which Defendant relies upon.

RESPONSE:

7. Defendant admits that the MERS database is simply an eleckonic

registry where the members of MERS track the actual underlying

promissory notes and mortgages which are registered on the MERS

system



the MERS database is not simply an electronic registry where the

members of MERS track the actual underlying promissory notes and

mortgages which are registered on the MERS system complete with

every document or agreement which Defendant relies upon in

response.

RESPONSE:

8. Deferrdant admits that registering a transfer of an interest on the

MERII database does not legally transfer arry interest in any

promissory note or mortgage lien.



registering a transfer of an interest on the MERS database legally

transfers any interest in any promissory note or mortgage lien

complete with every document or agreement which Defendant relies

upon.

RESPONSE:

9. Defendant admits that the integrity of the data which is entered in

the MERS database depends upon the accuracy of the information

which is input to the MERS database by MERS members.



the integrity of the data which is entered in the MERS database does

not depend upon the accuracy of the information which is input to

the MERS database by MERS members complete with every

document or agreement which Defendant relies upon.

RESPONSIJ:

10. Defendant admits that MERS has no way to verify the authenticity or

accuracy of the entries made in the MERS database by its members.


"Yes"' please provide a complete explanation for the proposition that

MERI} has a way to verify the authenticity or accuracy of the entries

made in the MERS database by its members complete with every

doculnent or agreement which MERS relies upon

RESPONSE:

Defendant admits that entries in the MERS database are not evidence

of the legal transfer of ownership interests in any rnoftgage lien or

promissory note.



entries in the MERS database are evidence of the legal transfer of

ownership interests in any mortgage lien or promissory note

11.

complete with every document or agreement which Defendant relies

upon.

RESPONSE:

12. Defendant admits that MERS is not a party to the mortgage

indebtedness (the promissory note) which is securedby any

mortgage that names MERS as mortgagee.



MERS is a party to the mortgage indebtedness (the promissory note)

which is secured by any mortgage that names MERS as mortgagee

complete with every document or agreement which supports this.

RESPONSI]:

13. Defendant admits that MERS has no risk as to the nonpayment of any

mortgage for which it serves as nominee.



MERS has a risk as to the nonpayment of any mortgagefor which it

serves as nominee complete with every document or agreement

which supports this.

RESPONSE:

14. Deferrdant admits that MERS ever experiences a default when any

borrower fails to make a payment on any MERS as mortgagee

mort6;age securing the payment of a promissory note.

If the answer to this question is anything other than an unquatified


MERS experiences a default when any borrower fails to make a

payment on any MERS as mortgagee mortgage securing the payment

of a promissory note complete with every document or agreement


RESPONSE:

15. Defendant admits that MERS does not have any personal interest in

whether any borrower makes any payment on any mortgage

promissory note secured by u MERS as mortgagee to the mortgage

lien.



MERS has a personal interest in whether any borrower makes any

payrrrent on any mortgage promissory note secured by u MERS as

mortgagee to the mortgage lien complete with every document or

agreement which supports this.

RESPONSE:

16. Defendant admits that irrespective of your membership agreement

with any entity granting them the right to assign a mortgage lien,

that the member may not make the mortgage assignment unless the

member would have the right to make the mortgage assignment

under: the controlling State law.



irrespective of your membership agreement with any entity granting

them the right to assign a mortgage lien that the member may t make

the mortgage assignment despite the fact that the member would not

have the right to make the mortgage assignment under the

controlling State law complete with every document or agreement


RESPONSE:

17. Defendant admits that any authority to act which MERS grants to

any member of MERS is at all times subordinate to the controlling

State law applicable to the transaction in question.


"Yes"' please provide a complete explanation for the proposition that

any authority to act which MERS grants to any member of MERS is at

all times subordinate to the controlling State law applicable to the

transaction in question complete with every documen! case law,

legal opinion or agreement which supports this.

RESPONSE:

Defendant admits that any grant of authority to act on Defendant's

behalf granted to MERS does not supercede the state raw

18.

requi:rement that the member have an independent right under State

law to undertake the proposed action.



any grant of authority to act on Defendant's behalf granted to MERS

supercedes the State law requirement that the member have an

independent right under State law to undertake the proposed action

complete with every document, case law,legal opinion or agreement


RESPONSE:

19. Defendant admits that every action taken in this case by MERS in the

name of the originator or previous lender is an action actually

undertaken by the mortgage servicer for the underlying mortgage

loan who is using MERS's name to take such actions.



every action taken in this case by MERS in the name of the originator

or previous lender is not an action actually undertaken by the

mortgage servicer for the underlying mortgage loan who is using

MERSi's name to take such actions complete with every document

case law,legal opinion or agreement which supports this.

RESPONSE:

Request for Admissions Redacted

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