In and for the Circuit Court

20th Judicial in Lee County

Case No. 08-CA-0016205

BANK OF NEW YORK TRUST COMPANY N.A.

AS SUCCESSOR TO JPMORGAN CHASE
BANK, N.A. AS TRUSTEE , et al

PLAINTIFF
Vs.

LINDA MILLAR, et al

DEFENDANT

DEFENDANT’S FIRST SET OF INTERROGATORIES TO PLAINTIFF

COMES NOW, The Defendant, LINDA M. MILLAR (“MILLAR”) pursuant to the provision of
Rule 1.340 of the Florida Rules of Civil Procedure, request that the Plaintiff, Bank of New York Trust
Company, N.A., answer, under oath and in writing, the following interrogatories within thirty (30) days of
the date of service.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that one original and one copy of Defendant’s First set of Interrogatories to
Plaintiff” have been forwarded by US. First class mail to:

Bank of New York Trust Company, NA as Trustee and Homecomings Financial, LLC,

c/o Bradley Arant Boult Cummings, LLP attn: Christian Hancock, 100 N. Tyron St., Suite
2690, Charlotte, NC 28202
CERTIFIED MAIL NO: ____________________________________________________

And c/o Pendergast & Morgan, PA., attn: Clive N.Morgan 6712 Atlantic Boulevard,
Jacksonville, FL 32211

On this 25th day of April, 2011

______________________________
LINDA M. MILLAR
Defendant
 FIRST SET OF INTERROGATORIES TO PLAINTIFF

1. State the name and address of all parties answering or assisting in providing answer to these
interrogatories.

2. Please state whether you claim to possess legal or beneficial interest, or both interested, in the not
or mortgage or both the note and mortgage, and, if so, explain why you so claim identifying any
document(s) and clauses therein which gives you the interest(s) you claim and specifying whether
you claim rights as an owner or holder of the note, or both, and specifying any other rights
claimed. If you do not claim any such interest(s) or rights, please explain why you do not claim
such interest(s).

3. Please state whether you claim to possess the authority or power to file and pursue foreclosure of
this note or mortgage or both, and if so, explain why you so claim identifying any document (so
and clauses therein which gives you the authority or power you claim. If you do not claim any
such authority or power please explain why you do not claim such authority or power.

4. Please state from what person or entity (“assignor”) you took assignment of the note and/or
mortgage, specifying the contact name, full legal name, address, and phone number of the
assignor, together with the date you took assignment, and state the same information for any
person or entity to which the Loan was ever assigned.

1 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar

 5. Please state the date, amount and nature of and fully describe the consideration or value given in
exchange for each and every assignment of the note and/or mortgage and identify from and to
what person or entity such consideration or value was given providing the contact name, full legal
name, address, and phone number of each such person or entity.

6. Please state all parties that took assignment of the note and/or mortgage between the making of
same and your taking assignment of same and provide the contact name, full legal name, address
and phone number of each such party.

7. Please state whether between the time of making the Loan and the time of your taking the
assignment of the note and/or mortgage the original lender maintained ownership of the Loan.

8. Please state whether and on what date the plaintiff owned the note and/or mortgage, took
assignment of the note and/or mortgage, made assignment of the note and/or mortgage, or had any
interest in the note and/or mortgage and specify the nature of the interest had on that date.

9. Please state if the note and/or mortgage was ever subject to or included in a “mortgage loan
purchase agreement” or similar agreement, and if so please specify the name to the agreement, the
date of the agreement and any amendments, and the parties to the agreement.

2 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar

 10. Please state whether the note and/or mortgage was ever repurchased or reassigned from the buyer
or assignee back to the original seller or assignor or to any predecessor of the buyer or assignee
and, if so, state the dates of such and the parties involved.

11. Please explain and describe, for the subject mortgage loan, the relationships among parties
(including you, the original lender, any servicer, any custodian, and depository, any Special
Purpose Vehicle, or Special Purpose Entity, etc.), the structure of the securities offered (including
the flow of funds or any subordination features) and any other material features of any transaction
concerning the sale, transfer or assignment of the mortgage loan at any time between the making
of same and your filing of the action at issue herein.

12. Please identify each and every document which contains an obligation or option to repurchase the
subject mortgage loan and explain fully the terms, conditions, costs to be incurred or paid by each
party upon repurchase and whether and by whom and from whom, the mortgage loan were ever
repurchased.

13. Please state, for the note and mortgage, whether and as of what date you secured the originals
thereof and from whom, providing the contact name, full legal name, address, and phone number
of each such party.

3 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar

 14. Please identify each and every document you obtained or reviewed in connection with your taking
assignment of the note and/or mortgage and specify fore ach such document whether you maintain
the original or copy thereof.

15. Please state all parties who have provided servicing of the mortgage loan and provide the contact
name, full legal name, address, and phone number of each such party and the dates each began
servicing the Loan.

16. Please state for the history of the mortgage loan, the persons or entity who at any time collected
mortgage payments, specifying the applicable dates each such person or entity did so collect and
specifying the full legal name, address and phone number of each party.

17. Please state for the history of the mortgage loan, on whose behalf mortgage payments were
collected, specifying the gully legal name, address, and phone number of each such party.

18. Please state for the history of the mortgage loan, a full description of the disposition of collected
mortgage payments, specifying any person or entity to which mortgage payments were delivered,
transferred, or paid, the applicable dates each such person or entity received the payments and
further specify the full legal name, address, and phone number of each such party.

4 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar

 19. Please identify a representative of the Plaintiff with knowledge of the facts necessary to respond to
each of the interrogatories contained herein, or if more than one, identify each such representative,
providing the name, address and telephone number for each with a brief summary of each
representative’s knowledge in this matter.

20. If you intend to indemnify the defendant against claims by someone later claiming to be entitled to
enforce the mortgage against the defendant, please state the basis for your being able to make such
indemnification.

21. State whether the Federal government ahs a financial interest in this mortgage by way of
underwriting, guarantee, indemnification or ownership.

22. State all federal pre-suit default prevention measure you undertook prior to filing this action.

23. Please state where and how the Bank of New York Trust Company N.A. (BONY) is actively
registered as a National Bank. If BONY is not actively registered, please explain how BONY
claims standing in this case. If a name change has occurred, please state the new name, the date of
said Name Change and the new legal name and address. If the rights to said Mortgage have
changed or were acquired through a sale of BONY assets, please state the name of the Legally
Registered National Bank that owns the rights either to this mortgage and note and or the assets of
BONY.

5 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar

 24. Please state the date the Locator Service, Accu-Search, was first contacted to locate the Defendant
and what information was supplied to the Locator Service about the Defendant’s whereabouts and
or results of Process of Service. Please state how much Accu-Search was paid to locate Millar, the
date when payment was made and the applicable invoice number and purchase order number.

25. For the Affidavit of Costs filed on 08/04/10, please state whether Homecomings Financial, LLC
(HFL) is still the Service Provider of Record (SP) and, if not, state whether HFL was ever the SP
for this mortgage and note and list with specific dates when HFL was the SP. Please officially
affirm or deny that Homecomings Financial, LLC was the Service Provider of Record when this
Affidavit was signed. If affirmed, please state specifically what records were accessed and or used
by Homecomings Financial and Jeffrey Stephan to determine the Defendant was behind on the
mortgage payments as sworn in this statement and whether these records were accessed
electronically and, if so, through what data base and or the source of said information.

26. For the Affidavit of Costs filed on 08/04/10, please state: how long Jeffrey Stephan had worked
for Homecomings Financial, LLC prior to swearing out this Affidavit; what his official title was;
how he obtained or by what capacity or legal process did he obtain the right to swear out
statements on behalf of Homecomings Financial, LLC and the date such authorization was
received; how much gross compensation was received by said employee from Homecomings
Financial, LLC for the months of April 2010 to July 2010, the months immediately preceding and
surrounding the swearing of this Affidavit, listing the amount for each month separately; whether
Jeffrey Stephan’s compensation was reported to the IRS using a W2 form or a 1099 form; and
how long Jeffrey Stephan had been employed by Homecomings Financial, LLC when this
Affidavit was signed.

6 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar

 27. Please state the Date Process of Service occurred and further state with peculiarity, referencing the
applicable Florida Statute and or Florida Rules of Civil Procedure, the method by which the
Defendant received Process of Service. If you allege Process of Service occurred prior to April 6,
2009, please advise as to why you filed a Motion to Extend Time to Serve and scheduled a
Hearing for the Motion on this date. If you alleged Process of Service to have occurred during the
period September 22, 2008 and June 8th, 2009, please explain if you are claiming an extension to
the 120 days for affecting service under 1.070 Fla.R.Civ.P. and under what authorization for said
Extension.

28. Please state the number of all Appraisals and or Broker Price Opinions (BPO’s) or other expert
opinions of value obtained for this mortgage from October 1, 2005 to April 15, 2011. For all such
opinions of value, please also state the date, the name of the expert that was compensated, the
amount of compensation, and the corresponding fair market value determined by the applicable
Expert or Broker.

7 Bank of New York Trust Company N.A. as Trustee v. Linda M. Millar