U.S. Bank N.A. v Merrill Lynch Mtge. Lending, Inc.| NYSC - U.S. Bank seeks a corporate witness for deposition regarding two matters...Securitzation and potential documents and custodians concerning Merrill's servicing and breach notification policies
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK : PART 45
---------------------------------------------------------------~~-------x U.S. BANK NATIONAL ASSOCIATION, not in its individual capacity, but as trustee for MERRILL LYNCH MORTGAGE INVESTORS TRUST, SERIES 2006-RM4 and MERRILL LYNCH MORTGAGE INVESTORS TRUST, SERIES 2006-RM5, Plaintiff, -against- MERRILL LYNCH MORTGAGE LENDING, INC., MERRILL LYNCH MORTGAGE INVESTORS, INC. and BANK OF AMERICA, NATIONAL ASSOCIATION, Defendants. EXCERPT: The first category of documents that U.S. Bank seeks are those concerning (1) Merrill's internal assessment of its repurchase liability with respect to the ResMAE loans that collateralize the two trusts (Trusts) at issue, and (2) Merrill's generally-applicable policies and procedures for repurchasing securitized loans since 2005. [..] VIII. Corporate witnesses Finally, U.S. Bank seeks a corporate witness for deposition regarding two matters: 1) potential documents and custodians for the 15 representative securitization deals discussed above, and 2) potential documents and custodians concerning Merrill's servicing and breach notification policies. U.S. Bank is entitled to depose representatives of Merrill with knowledge of the location of relevant documents and the identities of relevant custodians. Merrill must designate a corporate witness for each of these matters. ORDERED that the motion to compel the production of documents is granted.