Notice of Deposition - Lending Dispute (Rule 30(b)(6))

NOTICE OF TAKING DEPOSITION — LENDING DISPUTE

Rule 30(b)(6) Corporate Representative Deposition

Case Caption

IN THE [________________________________] COURT
[____] JUDICIAL DISTRICT / CIRCUIT
[________________________________] COUNTY, [____] (STATE)

[________________________________],        )
     Plaintiff,                            )   Case No. [________________________________]
                                           )
v.                                         )   NOTICE OF TAKING DEPOSITION
                                           )   PURSUANT TO RULE 30(b)(6)
[________________________________],        )   [DUCES TECUM]
     Defendant.                            )
                                           )

Notice Information

Notice of Deposition

TO: [________________________________] (Organization / Responding Party)
BY AND THROUGH ITS ATTORNEYS: [________________________________]

PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. P. 30(b)(1) and 30(b)(6) (or the analogous state rule of civil procedure), the undersigned will take the oral deposition of a corporate representative or representatives designated by [________________________________] (the "Organization"), to testify on behalf of the Organization regarding the topics described below.

Deposition Details

Remote Deposition Provisions

☐ This deposition will be conducted remotely by videoconference. The link will be provided at least [____] business days before the deposition.

☐ The deponent may attend at the physical location or by remote videoconference, at the deponent's election, with at least [____] business days' advance notice.

Meet and Confer Requirement

Pursuant to the 2020 amendment to Fed. R. Civ. P. 30(b)(6), before or promptly after this notice is served, the serving party and the Organization must confer in good faith about the matters for examination. The undersigned is available to meet and confer and invites the Organization to contact the undersigned.

Designation Requirements

Pursuant to Fed. R. Civ. P. 30(b)(6), the Organization must:

1. Designate One or More Representatives. Identify one or more officers, directors, managing agents, or other persons who consent to testify on the Organization's behalf on the topics listed below. Provide the name, title, and assigned topic(s) for each designee no later than [____] business days before the deposition, or as otherwise agreed.

2. Prepare Designees Thoroughly. Ensure each designee is prepared to testify regarding all information known or reasonably available to the Organization on the assigned topics. The designee's testimony binds the Organization.

3. Review Relevant Materials. Each designee should review all relevant documents, databases, and ESI in the Organization's possession, custody, or control.

Topics for Examination

Topic 1: Corporate Identity, Structure, and Licensing

The Organization's full legal name, state of incorporation or formation, principal place of business, all trade names and d/b/a names, corporate structure (including parent companies, subsidiaries, and affiliates), NMLS registration number, licensing status in each state where it originates or services mortgage loans, and all regulatory registrations with federal and state agencies.

Topic 2: Loan Origination Process

The origination of the Loan, including: the identity of the loan officer, processor, and underwriter; the application process; the pre-qualification or pre-approval; the terms offered; the rate lock (if any); the origination fee and all charges assessed; the compensation paid to any mortgage broker or loan originator; and the circumstances under which the Borrower selected the specific loan product.

Topic 3: Underwriting and Approval

The underwriting of the Loan, including: the underwriting guidelines and standards applied; the automated underwriting system (AUS) used and its findings; the ability-to-repay analysis or qualified mortgage determination under 12 C.F.R. § 1026.43; any conditions imposed for approval and whether they were satisfied; any exceptions, overrides, or deviations from standard guidelines; and the identity and qualifications of the underwriter(s) who approved the Loan.

Topic 4: TILA Disclosure Compliance

All TILA disclosures provided to the Borrower, including: the Loan Estimate (or GFE); the Closing Disclosure (or HUD-1); any revised disclosures; the timing of delivery relative to consummation; the accuracy of the APR, finance charge, total of payments, and amount financed; tolerance comparisons between the Loan Estimate and Closing Disclosure; any right of rescission provided under 15 U.S.C. § 1635; and any post-consummation disclosures including ARM adjustment notices.

Topic 5: RESPA Compliance and Settlement Services

All RESPA-related matters, including: the settlement services provided and fees charged; any affiliated business arrangements under 12 U.S.C. § 2607(c); any referral fees, kickbacks, or fee splits under 12 U.S.C. § 2607(a)-(b); the selection and compensation of settlement service providers; and the accuracy of the settlement disclosures.

Topic 6: Loan Servicing Practices

The Organization's servicing of the Loan from the date it began servicing through the present, including: payment processing procedures; payment application waterfall (order of application to principal, interest, escrow, fees); late charge assessment policies; handling of partial payments and suspense accounts; the servicing system and software used; and the identity of personnel responsible for the Borrower's account.

Topic 7: Servicing Transfer

All transfers of servicing rights for the Loan, including: the identity of the transferor and transferee; the date of transfer; the terms of the servicing transfer agreement; the notices sent to the Borrower under 12 U.S.C. § 2605(b)-(c) and 12 C.F.R. § 1024.33; the transfer of the Account file and data; and any issues arising from the transfer (e.g., lost payments, misapplied funds, data errors).

Topic 8: Escrow Account Administration

The establishment, maintenance, and administration of the escrow account for the Loan, including: the items escrowed; the initial escrow deposit; monthly escrow amounts; annual escrow analyses; shortages, surpluses, and deficiencies; disbursements for taxes and insurance; compliance with the escrow cushion limits under 12 U.S.C. § 2609 and 12 C.F.R. § 1024.17; and the provision of initial and annual escrow statements.

Topic 9: Force-Placed Insurance

All matters related to force-placed insurance (lender-placed insurance) on the property securing the Loan, including: the circumstances leading to force-placement; the notices sent to the Borrower under 12 C.F.R. § 1024.37(c); the insurer selected and the premium charged; any commission, compensation, or other financial benefit received by the Servicer or its affiliates from the force-placed insurance arrangement; and any cancellation and refund upon the Borrower obtaining replacement coverage.

Topic 10: Default, Pre-Foreclosure Notices, and Acceleration

All matters relating to the alleged default on the Loan, including: the specific contractual provision(s) breached; the date of each alleged default; all pre-foreclosure notices sent to the Borrower (including the breach letter, notice of intent to accelerate, and notice of acceleration); compliance with contractual notice requirements; and compliance with applicable state law pre-foreclosure notice requirements.

Topic 11: Foreclosure Process

All aspects of the foreclosure process, including: whether judicial or non-judicial; the date of referral to foreclosure counsel; all filings and proceedings; compliance with the 120-day pre-foreclosure waiting period under 12 C.F.R. § 1024.41(f); the current status of the foreclosure; and, if completed, the sale date, sale price, and any deficiency claimed.

Topic 12: Loss Mitigation Evaluation

All loss mitigation activities regarding the Loan, including: each application received from the Borrower; whether applications were deemed complete or incomplete; the notices sent to the Borrower regarding incomplete applications under 12 C.F.R. § 1024.41(b)(2); the loss mitigation options evaluated; the evaluation criteria and net present value (NPV) or waterfall analysis; the determination for each option; the notices of approval, denial, or counteroffer; the right to appeal under 12 C.F.R. § 1024.41(h); and compliance with the dual-tracking prohibition under 12 C.F.R. § 1024.41(g).

Topic 13: Qualified Written Requests and Notices of Error

All QWRs, requests for information, and Notices of Error received from the Borrower or the Borrower's representative, and the Organization's response to each, including: the date received; the substance of the request or notice; the date of acknowledgment; the investigation conducted; the date and substance of the response; compliance with the 5-day acknowledgment and 30-day response timelines under 12 C.F.R. §§ 1024.35 and 1024.36; and any corrective action taken.

Topic 14: Fees, Charges, and Corporate Advances

All fees, charges, penalties, and corporate advances assessed to the Loan beyond scheduled principal, interest, and escrow, including: the type and amount of each fee; the date assessed; the contractual or statutory authority; the reasonableness of each fee; any fee caps in the Note or applicable regulations; and the Servicer's policies regarding fee assessment.

Topic 15: Appraisal and Property Valuation

All appraisals, BPOs, AVMs, and other property valuations obtained in connection with the Loan, including: the circumstances leading to each valuation; the identity and qualifications of the appraiser; the methodology used; the appraised value; any communications between the Lender/Servicer and the appraiser regarding the valuation; and compliance with ECOA appraisal copy requirements under 12 C.F.R. § 1002.14.

Topic 16: Loan Modification and Workout History

All loan modifications, forbearance agreements, trial payment plans, repayment plans, and other workout arrangements offered to or entered into with the Borrower, including: the terms of each arrangement; the Borrower's performance under each arrangement; the reasons for any failure or cancellation; and the TILA disclosures (if any) provided in connection with modifications.

Topic 17: Credit Reporting

All information reported to consumer reporting agencies regarding the Loan, including: the trade line data reported; the dates of reporting; the account status codes; any disputes received from the Borrower or consumer reporting agency; the investigations conducted under 15 U.S.C. § 1681s-2(b); and the outcome of each investigation.

Topic 18: Regulatory Complaints and Examinations

Any complaints filed with the CFPB, state attorney general, state banking regulator, or other agency regarding the Loan, and any regulatory examination findings, consent orders, or enforcement actions relating to the Organization's mortgage lending or servicing practices during the relevant time period.

Topic 19: Damages Calculation

The method by which the Organization calculated the amounts claimed in this action, including the itemized breakdown of principal, interest, escrow, fees, advances, and costs; the contractual and statutory basis for each component; and any expert analysis or opinions regarding amounts owed.

Duces Tecum — Documents to Produce at Deposition

Pursuant to Fed. R. Civ. P. 30(b)(2), the Organization is requested to produce the following documents at the deposition:

1. All documents reviewed by the designee(s) in preparation for the deposition.

2. The complete loan file in the Organization's possession, custody, or control, including origination, underwriting, closing, and servicing documents.

3. The executed Note with all endorsements and allonges.

4. The executed Security Instrument with all recorded assignments.

5. The complete payment history and transaction ledger from origination through the present.

6. All escrow account records and annual escrow statements.

7. All loss mitigation applications, evaluation worksheets, and determination letters.

8. All QWRs, Notices of Error, and the Organization's responses.

9. All collection, default, and foreclosure-related correspondence.

10. All credit reporting records and ACDV responses for the Loan.

11. All appraisals and property valuations related to the Loan.

12. The Organization's servicing policies and procedures applicable to the Loan.

13. All documents the Organization intends to introduce as exhibits at trial.

Jurisdiction-Specific Notes

Federal Court (FRCP)

• Deposition Limit: 10 depositions per side without leave of court (Fed. R. Civ. P. 30(a)(2)(A)(i)).
• Duration Limit: 1 day of 7 hours unless otherwise stipulated or ordered (Fed. R. Civ. P. 30(d)(1)).
• Notice Requirement: Reasonable written notice to every other party (Fed. R. Civ. P. 30(b)(1)). Local rules often require 10-14 days.
• Meet and Confer: Required for 30(b)(6) depositions (Fed. R. Civ. P. 30(b)(6)).
• Remote Depositions: Permitted for good cause (Fed. R. Civ. P. 30(b)(4)).

California

• Notice Requirement: At least 10 days' notice; 20 days if the deponent is an organization required to designate a witness (Cal. Code Civ. Proc. § 2025.270(a)).
• Duration Limit: 7 hours in one day (Cal. Code Civ. Proc. § 2025.290(a)).
• Organization Deposition: Cal. Code Civ. Proc. § 2025.230 requires the organization to designate the "most qualified" person.
• State-Specific Topics: Consider topics regarding compliance with the California Homeowner Bill of Rights (Cal. Civ. Code §§ 2920.5-2944.7), including single point of contact requirements and the prohibition on dual tracking.
• DFPI Licensing: California Department of Financial Protection and Innovation regulates mortgage lenders and servicers; licensing records and examination reports may be relevant.

Texas

• Deposition Limits: Level 1: 6 hours total for all oral depositions. Level 2: 50 hours total (Tex. R. Civ. P. 190.2, 190.3).
• Notice Requirement: Reasonable notice; typically 10 days (Tex. R. Civ. P. 199.2).
• Organization Deposition: Tex. R. Civ. P. 199.2(b)(1) provides for corporate representative depositions similar to Fed. R. Civ. P. 30(b)(6).
• State-Specific Topics: Consider topics regarding compliance with Texas Property Code § 51.002(d) (20-day notice requirement), Texas Constitution Art. XVI, § 50 (home equity restrictions), and Texas Finance Code Ch. 392 (debt collection practices).

Florida

• Notice Requirement: Reasonable notice; 10 days is standard (Fla. R. Civ. P. 1.310(b)).
• Duration Limit: 7 hours in one day (Fla. R. Civ. P. 1.310(a)).
• Organization Deposition: Fla. R. Civ. P. 1.310(b)(6) mirrors the federal rule.
• State-Specific Topics: Consider topics regarding compliance with Florida judicial foreclosure requirements (Fla. Stat. Ch. 702), mandatory mediation, and Florida-specific pre-suit requirements.

New York

• Deposition Limit: 10 depositions per side (CPLR § 3106).
• Duration Limit: 7 hours per deponent (22 NYCRR § 221.2).
• Notice Requirement: At least 20 days' notice (CPLR § 3107).
• Organization Deposition: CPLR § 3106(d) (effective 2023) provides for entity depositions requiring designation of persons with knowledge.
• State-Specific Topics: Consider topics regarding compliance with N.Y. RPAPL § 1304 (90-day pre-foreclosure notice), RPAPL § 1306 (filing with superintendent of financial services), and CPLR § 3408 (mandatory settlement conference).

Objections and Protective Order

If the Organization objects to any topic, the scope of the deposition, or any other aspect of this notice, the parties should meet and confer in good faith to resolve the dispute. If the dispute cannot be resolved, either party may seek a protective order under Fed. R. Civ. P. 26(c) or move to compel under Fed. R. Civ. P. 37(a).

Certificate of Service

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of this Notice of Deposition on all parties or their counsel of record by the following method:

☐ U.S. Mail, first class, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Electronic Service (via court e-filing system)
☐ Email (by agreement of the parties)
☐ Facsimile
☐ Other: [________________________________]

To:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

________________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]

Sources and References

• Federal Rules of Civil Procedure, Rules 26, 30, 37: https://www.law.cornell.edu/rules/frcp
• Fed. R. Civ. P. 30(b)(6) (2020 Amendment): https://www.law.cornell.edu/rules/frcp/rule_30
• Truth in Lending Act, 15 U.S.C. §§ 1601-1667f: https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-I
• Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617: https://www.law.cornell.edu/uscode/text/12/chapter-27
• Regulation Z, 12 C.F.R. Part 1026: https://www.ecfr.gov/current/title-12/chapter-X/part-1026
• Regulation X, 12 C.F.R. Part 1024: https://www.ecfr.gov/current/title-12/chapter-X/part-1024
• CFPB Mortgage Servicing Rules: https://www.consumerfinance.gov/compliance/compliance-resources/mortgage-resources/mortgage-servicing/
• Cal. Civ. Code §§ 2920.5-2944.7: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CIV
• Tex. Prop. Code §§ 51.001-51.016: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.51.htm
• N.Y. RPAPL §§ 1304, 1306: https://www.nysenate.gov/legislation/laws/RPA/1304
• Fla. Stat. Ch. 702: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0702/0702.html