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

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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

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.

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