I would like to file a motion with a Superior Court to obtain orignal documents
Plaintiff alleges:
1) a debt owed by the defendant and is past due to the Plaintiff...
2) that the defendant was acting on behalf of his martial community "if any"...
3) that the attached copy of a note is that of the defendants signature.
4) that the document was witnessed...
5) Plaintiff states an amount owed as shown a computer print out...
6) Plaintiff makes a demand for reasonable attorneys' fees and costs incurred herein.
7) Plaintiff makes a demand for same amount of "reasonable attorneys' fees" if the matter proceeds to judgment by default with no other action.
8) For court costs and any other relief as the Court deems just and proper.
Question: How do I go about obtaining a motion for the plaintiff to produce the original documents and proof of a true and accurate accounting. Verification of witness to name a few.
An alleged copy of a revolving note is attached as proof of debt. A signature that is not notarized or otherwise identifiable is presented as proof. A witness block is initialed but unreadable. No supporting documents of a community property intent or commitment. Included is a onerous interest rate schedule. With outrageous financial consequences. A print out of the debt with various interest rate calculations unaudited. A request for attorney fees that represent in toto either 25% to 50% depending on how you calculate the fees based on the actual debt.
I would like to ask the Court for:
1) Provide validity and proof of debt and the name of the original creditor.
2)If determined that disclosures were not provided to the borrower timely and properly, refund all broker/lender and 3rd party payments.
3)Provide proof of debt and the name of the original creditor.
4) Provide the name and address of the Note holder.
5)Provide the underwriting guidelines used to determine loan program affordability.
6) Provide the Borrower with copies of all signed closing and disclosure documents in the plaintiffs possession, including the loan applications signed by the borrower for this transaction.
7)Provide a signed and executed certifed copy of the note.
8)Provide a copy of the Borrowers credit report.
9) Provide proof of mailing for all disclosures on this transaction.
10)Provide the income documentation used for this transaction.
11)Provide the Borrower with an audited breakdown of all payments received to date from Lender since the inception of the loan detailing amounts applied to principal and or interest associated with this transaction.
12)Provide a complete detailed breakdown regarding escrows.
13)Provide a copy of all disbursements (to include all 3rd party invoices) at settlement.
14)Provide a copy of the Lenders Private Insurance Policy, if used in this transaction.
15)Provide a copy of any Credit Default Swaps (CDS) contract if used for this transaction.