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Full Deposition Transcript of Kemp v. Country Wide

Full Deposition Transcript of Kemp v. Country Wide

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Published by: DinSFLA on Nov 23, 2010
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IN THE UNITED STATES BANKRUPTCY COURTDISTRICT OF NEW JERSEYIN RE: ) Bankruptcy No. 08-18700)JOHN T. KEMP, ))Debtor. ))---------------------------------))JOHN T. KEMP, ) Adversary No. 08-02448)Plaintiff, ))vs. )) Camden, NJCOUNTRYWIDE HOME LOANS, ) September 24, 2009) 10:04 a.m.Defendant. )TRANSCRIPT OF HEARINGBEFORE THE HONORABLE JUDITH H. WIZMURUNITED STATES BANKRUPTCY JUDGE APPEARANCES:For the Plaintiff: BRUCE LEVITT, ESQUIRELEVITT & SLAFKES, P.C.76 South Orange AvenueSuite 305South Orange, NJ 07079For the Defendant: HAROLD KAPLAN, ESQUIREFRENKEL LAMBERT WEISS WEISMAN& GORDON, LLP80 Main Street, Suite 460West Orange, NJ 07052 Audio Operator: NORMA SADERTranscribed by: DIANA DOMAN TRANSCRIBINGP.O. Box 129Gibbsboro, New Jersey 08026-0129Phone: (856) 435-7172Fax: (856) 435-7124E-mail:dianadoman@comcast.net Proceedings recorded by electronic sound recording, transcriptproduced by transcription service.
Case 08-02448-JHW Doc 23 Filed 01/07/10 Entered 01/07/10 16:20:05 Desc MainDocument Page 1 of 16
www.StopForeclosureFraud.com
 
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I N D E X
12
 ARGUMENT: PAGE NUMBER
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By Mr. Kaplan 4
4
By Mr. Levitt 11
5678910111213141516171819202122232425
Case 08-02448-JHW Doc 23 Filed 01/07/10 Entered 01/07/10 16:20:05 Desc MainDocument Page 2 of 16
www.StopForeclosureFraud.com
 
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Colloquy(The following was heard in open court at 10:04
1
a.m.)
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THE COURT: Please be seated. Good morning.
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MR. LEVITT: Good morning.
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MR. KAPLAN: Good morning, Judge.
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THE COURT: Appearances, please.
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MR. LEVITT: Bruce Levitt on behalf of the
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plaintiff.
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MR. KAPLAN: Harold Kaplan for Frenkel Lambert on
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behalf of Countrywide.
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THE COURT: All right. I have the supplemental and
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second supplemental submissions of Countrywide and the reply.
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Mr. Kaplan, I look to you first. I am, frankly, appalled at
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the confusion and lack of credibility of Countrywide’s
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response to the issue of the note -- the possession of the
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note.
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We started out with Ms. DeMartini’s testimony that
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the note never leaves the servicer. She says that she saw a
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Federal Express receipt whereby the actual note, the physical,
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original note was transferred to the Foreclosure Department
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internally in the same building, but that the note had not yet
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been located. That’s where we stood at that point.
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Then we had a submission, the supplemental
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submission saying the original note has been found and can be
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available for inspection. It doesn’t say where it was found,
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Case 08-02448-JHW Doc 23 Filed 01/07/10 Entered 01/07/10 16:20:05 Desc MainDocument Page 3 of 16
www.StopForeclosureFraud.com

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