COURT COMMON OF PLEAS CHESTER OF COUNTY, PENNSYLVANIA CIVIL ACTION LAW MARY ANNSMILER Plaintiff

V.

No. 11-05832 PLAINTIFF REQUEST FORADMISSIONS DIRECTED DEFENDANT TO

NATIONSTATR MORTGAGE, LLC Defendants

To:

Mary AnnSmiler Nationstar vs. Mortgage, LLC

PLEASE TAKENOTICE the Plaintiff that Mary Ann Smiler, hereby requests the Defendant, that Nationstar Mortgage, LLC.respond thewithin to request admissions for within timeprovided the bythe Rules theCourt.Thisrequest deemed be continuing andincluding timeof of is to up the trial.

CHERI ROBINSONASSOCIATES &

D a t e :Au gu st 9 ,2 0 1 1 1

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 MERSwho is an employee of MERS. RESPONSE:

2. Defendant admits that MERS is not entitled to the payment of any money with respectto 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 agreementwhich MERS relies upon to claim the right to be paid any monies due under the terms of the promissory note in issuein this case. RESPONSE:

3. Defendant admits that MERS,nor a member of MERS,has any rights to tra:nsferthe ownership of a promissory note by umortgage assignment.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationof 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 assignmentwhich claims to transfer the ownership of the promissory note to the person or entity who is the assigneeof the mortgage assignmentcomplete with every document or agreementwhich MERti relies upon. RESPONSE:

4.

Defendant admits that MERS cannot legally assign any interest in a mortgage loan that it does not own.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationof the claimed ability for MERS to legally assign any interest in a mortgage loan that it does not own complete with every document or agreementwhich 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.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide 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 agreementwhich 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. If the answer to this question is anything other than an unqualified "Yes" pleaseprovide 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 agreementwhich Defendant relies upon. RESPONSE:

7.

Defendant admits that the MERS databaseis simply an eleckonic registry where the members of MERS track the actual underlying promissory notes and mortgages which are registered on the MERS system If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a complete explanation for the proposition that the MERS databaseis 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 agreementwhich Defendant relies upon in response.

RESPONSE:

8.

Deferrdant admits that registering a transfer of an interest on the MERII databasedoes not legally transfer arryinterest in any promissory note or mortgage lien.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that registering a transfer of an interest on the MERS databaselegally transfers any interest in any promissory note or mortgage lien completewith every document or agreementwhich Defendantrelies upon. RESPONSE:

9.

Defendant admits that the integrity of the data which is entered in the MERS databasedepends upon the accuracy of the information which is input to the MERSdatabase MERSmembers. by

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that the integrity of the data which is entered in the MERS databasedoes not depend upon the accuracyof the information which is input to the MERS databaseby MERS members complete with every document or agreementwhich Defendant relies upon. RESPONSIJ:

10. Defendant admits that MERS has no way to verify the authenticity or
accuracyof the entries made in the MERS databaseby its members.

If the answer to this question is anything other than an unqualified "Yes"'pleaseprovide a completeexplanationfor the proposition that MERI} has a way to verify the authenticity or accuracy of the entries made in the MERS databaseby its members complete with every doculnent or agreementwhich MERS relies upon RESPONSE:

11.

Defendant admits that entriesin the MERSdatabaseare not evidence of the legal transfer of ownership interests in any rnoftgage lien or promissory note.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that entries in the MERS databaseare evidence of the legal transfer of ownership interests in any mortgage lien or promissory note

complete with every document or agreementwhich 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.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a complete explanation for the proposition that MERS is a party to the mortgage indebtedness (the promissory note) which is securedby any mortgage that names MERS as mortgagee complete with every document or agreementwhich supports this. RESPONSI]:

13.

Defendant admits that MERS has no risk as to the nonpayment of any mortgage for which it servesas nominee.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that MERS has a risk as to the nonpayment of any mortgagefor which it servesas 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 "Yes" pleaseprovide a completeexplanationfor the proposition that MERS experiencesa 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 which supports this. RESPONSE:

15.

Defendant admits that MERSdoesnot have any personalinterestin whether any borrower makes any payment on any mortgage

promissory note securedby u MERSas mortgageeto the mortgage lien.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that MERS has a personal interest in whether any borrower makes any payrrrent on any mortgage promissory note securedby u MERS as mortgagee to the mortgage lien complete with every document or agreementwhich 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 assignmentunless the member would have the right to make the mortgage assignment under:the controlling Statelaw.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that irrespective of your membership agreementwith 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 Statelaw complete with every document or agreement which supports this. 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 Statelaw applicable to the transaction in question.

If the answer to this question is anything other than an unqualified "Yes"'pleaseprovide a completeexplanationfor the proposition that any authority to act which MERS grants to any member of MERS is at all times subordinate to the controlling Statelaw applicable to the transaction in question complete with every documen! caselaw, legal opinion or agreementwhich supports this. RESPONSE:

1 8 . Defendant admits that any grant of authority to act on Defendant's

behalf granted to MERS does not supercede the state raw

requi:rementthat the member have an independent right under State law to undertake the proposed action.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a completeexplanationfor the proposition that any grant of authority to act on Defendant's behalf granted to MERS supercedesthe Statelaw requirement that the member have an independent right under Statelaw to undertake the proposed action
complete with every document, caselaw,legal opinion or agreement

which supports this. RESPONSE:

19.

Defendant admits that every action taken in this caseby 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'sname to take such actions.

If the answer to this question is anything other than an unqualified "Yes" pleaseprovide a complete explanation for the proposition that every action taken in this caseby 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 caselaw,legal opinion or agreementwhich supports this.

RESPONSE: