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1

1 IN THE CIRCUIT COURT

2 OF JEFFERSON COUNTY, ALABAMA

3
4 W.A. JONES CONSTRUCTION, LLC,)

5 Plaintiff, )

6 Counterclaim Defendant, )CIVIL ACTION NO.:


7 VS. )CV-2017-903334

8 JACK D. BARNES and LISA W. )DEPOSITION OF:

9 BARNES, )JESSICA WOODBRIDGE

10 Defendants, )
11 Counterclaim Plaintiffs,)

12 VS. )

13 W.A. JONES CONSTRUCTION, LLC;)


14 BANK OF AMERICA, N.A.; et al.)

15 Counterclaim Defendants.)
16
17 S T I P U L A T I O N S

18 IT IS STIPULATED AND AGREED, by and

19 between the parties through their respective


20 counsel, that the deposition of:

21 JESSICA WOODBRIDGE,

22 may be taken before Alana Vines, Commissioner


23 and Notary Public, State of Alabama at Large, at

Bain & Associates Court Reporting Services, Inc.


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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018
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1 the law offices of Bradley Arant Boult Cummings,
1 A P P E A R A N C E S (cont.)
2 One Federal Place, 1819 Fifth Avenue North,
2 Rhonda Hood
3 Birmingham, Alabama 35203, on the 1st day of
3 Attorney at Law
4 August, 2018, commencing at approximately
4 Hood & Lay, LLC
5 10:13 a.m.
5 1117 22nd Street South
6
6 Birmingham, Alabama 35205
7 IT IS FURTHER STIPULATED AND AGREED that
7
8 the signature to and reading of the deposition
8 ALSO APPEARING:
9 by the witness is waived, the deposition to have 9 Paige Ali, Videographer
10 the same force and effect as if full compliance 10
11 had been had with all laws and rules of Court
11 ***
12 relating to the taking of depositions. 12
13 13
14 IT IS FURTHER STIPULATED AND AGREED that 14
15 it shall not be necessary for any objections to 15
16 be made by counsel to any questions, except as 16
17 to form or leading questions, and that counsel 17
18 for the parties may make objections and assign 18
19 grounds at the time of the trial, or at the time 19
20 said deposition is offered in evidence, or prior 20
21 thereto. 21
22 *** 22
23 23

Page 3 Page 5
1 A P P E A R A N C E S 1 EXAMINATION INDEX
2 ON BEHALF OF THE BANK OF AMERICA: 2 JESSICA WOODBRIDGE
3 Graham W. Gerhardt 3 BY MR. WATTS . . . . . . . . . . . . . 8
4 Attorney at Law 4 BY MR. SEXTON . . . . . . . . . . . . 228
5 Bradley Arant Boult Cummings 5 RE BY MR. WATTS . . . . . . . . . . .276
6 One Federal Place 6
7 1819 Fifth Avenue North 7 EXHIBIT INDEX
8 Birmingham, Alabama 35203 8 PLAINTIFF'S MAR
9 9 1 Deed 232
10 ON BEHALF OF PLAINTIFFS: 10 DEFENDANTS'
11 K. Edward Sexton, II 11 1 Copy of the mortgage 11
12 Attorney at Law 12 2 Letter 70
13 Gentle, Turner, Sexton & Harbison, LLC 13 3 Letter 84
14 501 Riverchase Parkway East, Suite 100 14 4 Letter 92
15 Hoover, Alabama 35244 15 5 Response to a request for 94
information
16 16
17 ON BEHALF OF THE DEFENDANTS: 17 6 Letters 121
18 John G. Watts 18 7 Letter 146
19 Attorney at Law 19 8 Sale documents 186
20 Watts & Herring 20 9 Package from the foreclosure firm 188
21 The Kress Building 21
22 301 19th Street North 22 ***
23 Birmingham, Alabama 35203 23

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W.A. Jones Construction, LLC, et al. August 01, 2018
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1 I, Alana Vines, a Court Reporter of 1 EXAMINATION


2 Birmingham, Alabama, and a Notary Public for the 2 BY MR. WATTS:
3 State of Alabama at Large, acting as 3 Q. If you can, state your name, please.
4 Commissioner, certify that on this date, 4 A. Jessica Woodbridge.
5 pursuant to Rule 30 of the Alabama Rules of 5 Q. Okay. And tell me again, how do you
6 Civil Procedure and the foregoing stipulation of 6 spell your last name?
7 counsel, there came before me on the 1st day of 7 A. W-O-O-D-B-R-I-D-G-E.
8 August, 2018, at the law offices of Bradley 8 Q. And you're here to testify as the
9 Arant Boult Cummings, One Federal Place, 1819 9 corporate representative of Bank of America?
10 Fifth Avenue North, Birmingham, Alabama 35203, 10 A. Yes.
11 commencing at approximately 10:13 a.m., JESSICA 11 Q. Okay. And what is your position
12 WOODBRIDGE, witness in the above cause, for oral 12 with Bank of America?
13 examination, whereupon the following proceedings 13 A. I am an assistant vice president
14 were had: 14 consumer resolution associate.
15 THE VIDEOGRAPHER: This marks 15 Q. Okay. Give me the quick version of
16 beginning of videotape number one of the 16 what that job entails.
17 corporate representative of Bank of America 17 A. I have a portfolio of cases
18 deposition who is Jessica Woodbridge in the 18 involving mortgage lines involving some
19 matter of W.A. Jones Construction, LLC, versus 19 litigation, and I work with outside and in-house
20 Jack D. Barnes and Lisa W. Barnes versus W.A. 20 counsel in resolving the litigation. And then
21 Jones, Construction, LLC, Bank of America N.A., 21 I'm also available to testify in depositions,
22 et al., Civil Action Number CV-2017-903334 filed 22 trials and mediations.
23 in the Circuit Court of Jefferson County, 23 Q. Okay. I'm assuming you've testified

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1 Alabama. The date is August 1st, 2018; the time 1 a number of times in deposition?
2 is 10:13. All attorneys present, will you 2 A. Yes.
3 please state your name and whom you represent. 3 Q. And would that be four or five times
4 MR. SEXTON: Eddie Sexton on behalf 4 or more than you can remember?
5 of W. A. Jones Construction. 5 A. It would be more than I can
6 MR. GERHARDT: Graham Gerhardt on 6 remember. I try to estimate it around maybe 50
7 behalf of Bank of America. 7 times.
8 MR. WATTS: John Watts for the 8 Q. Okay. And how about at trial?
9 Barnes. 9 A. I have also not kept track, and it
10 THE VIDEOGRAPHER: Court reporter, 10 would probably -- it could be up in the hundreds
11 will you please swear in the witness. 11 of times.
12 12 Q. Now, you mentioned that you get
13 JESSICA WOODBRIDGE, 13 involved with cases that are in litigation, and
14 being first duly sworn, was examined and 14 I want to make sure I understand that. We're
15 testified as follows: 15 here today in a case that is in litigation. But
16 16 would you also be involved, say, in Florida in a
17 MR. WATTS: Graham, do y'all want to 17 judicial foreclosure case or a state where a
18 do usual stipulations? 18 foreclosure action is filed and, say, there's no
19 MR. GERHARDT: That sounds good to 19 counterclaim; would you be involved in those
20 me. 20 cases as well?
21 MR. WATTS: Is that good with you, 21 A. So long as there is litigation, so
22 Eddie? 22 an answer was filed. It would be in cases where
23 MR. SEXTON: That's fine. 23 there's some contested --

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1 Q. Okay. 1 A. I've -- can't say that I -- I'm


2 A. -- litigation. So our department -- 2 unfamiliar, but I don't know that I've
3 and I would not expect to see a case in my 3 specifically examined a mortgage in Alabama
4 portfolio where somebody has not filed either an 4 before.
5 answer or a claim -- lawsuit against the bank. 5 Q. Okay. Have you -- I'm not talking
6 Q. Okay. And what is your educational 6 about in your function as a lawyer representing
7 background? 7 Bank of America, but have you testified in a
8 A. I have a BA in economics, and I also 8 case in Alabama before either in trial or in
9 have a JD and an MPA. 9 deposition?
10 Q. Okay. So the JD is a law degree? 10 A. Yes.
11 A. Yes. 11 Q. Okay. How many do you think?
12 Q. Okay. What was the other degree? 12 A. I think, like, once or twice before.
13 A. It's MPA, it's a master of public 13 Q. Okay. All right. So the date of
14 affairs. 14 this mortgage is May the 3rd, 2006; is that
15 Q. And when did you receive your law 15 correct?
16 degree? 16 A. Yes.
17 A. In 2007. 17 Q. Okay. If you'll turn to it's page
18 Q. And are you a licensed attorney and 18 12 of 14 or the Bates Number 72, it's toward the
19 member of the bar somewhere? 19 very back.
20 A. Yes. 20 A. Okay.
21 Q. Where do you live? 21 Q. Do you see towards the top of the
22 A. In Dallas, Texas. 22 page, and this is in all bold, it's Paragraph 22
23 Q. Are you a member of the Texas bar? 23 "Acceleration"?

Page 11 Page 13

1 A. Yes. 1 A. Yes.
2 Q. Any other bars? 2 Q. Okay. And you've seen this
3 A. Yes. 3 paragraph before, haven't you?
4 Q. Okay. What are those other ones? 4 A. Yes.
5 A. I'm also licensed in Washington, 5 Q. Okay. Now, have you only looked at
6 D.C., and in Indiana. 6 this Paragraph 22 in the preparation for this
7 Q. Okay. Let me show you what I will 7 case, or do you have some knowledge of Paragraph
8 mark as Defendants' Exhibit 1. 8 22 from other cases?
9 (Defendants' Exhibit 1 was 9 A. I've only reviewed it -- I mean, I
10 marked for identification.) 10 can't say that I haven't read it in other cases
11 Q. And this is the mortgage, and it's 11 in preparation, but -- for those events, but I
12 Bates stamped BANA 61 to 73. I'm assuming you 12 was -- I looked at it in this case.
13 have seen this document before? 13 Q. Okay. So the title of it is
14 A. Yes. 14 "Acceleration," and it's got semicolon
15 Q. Okay. And you'll notice at the 15 "Remedies." Do you see that?
16 bottom of really all the pages it says this is a 16 A. I do.
17 uniform instrument. Do you see that? 17 Q. And you're familiar with this --
18 A. I do. 18 paragraph is talking about what the rights and
19 Q. Okay. And so you're familiar with 19 responsibilities are, for example, of Bank of
20 these types of mortgages; right? 20 America if it feels the borrower has defaulted
21 A. Yes. 21 on the loan. And take your time if you want to
22 Q. And you're familiar with these 22 read over it again.
23 mortgages in the state of Alabama; correct? 23 A. Can you repeat your question?

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1 Q. Sure. And we're going to go through 1 shall give notice.


2 this in some detail. 2 Q. Okay. And I'm asking you, as the
3 A. Uh-huh. 3 corporate representative of Bank of America, and
4 Q. But just kind of big picture, 4 you're also a lawyer, does this mean that Bank
5 Paragraph 22 tells Bank of America here's your 5 of America must give notice prior to
6 responsibilities and your rights if you believe 6 acceleration in order to comply with this
7 a borrower has defaulted on the loan? 7 mortgage document?
8 A. I believe it -- I mean, it just 8 MR. GERHARDT: I'm just going to
9 discusses the ways to accelerate the loan. 9 object to that. And I know, John, I'd like to
10 Q. Okay. Well, let's go through them. 10 have a continuing objection, but just to make
11 So I'm going to read the first sentence and if 11 clear, she's not going to be testifying as a
12 you'll just follow along with me as I read it. 12 lawyer.
13 It says, "Lender shall give notice of borrower 13 A. Yeah. I'm not here as a lawyer. I
14 prior to acceleration following borrower's 14 don't work -- my job duties do not involve being
15 breach of any covenant or agreement in the 15 a lawyer for Bank of America, so I can't
16 security instrument." And it has parenthesis, 16 interpret or give any legal interpretation to
17 "but not prior to acceleration under Section 18 17 the document. I can simply state that it says
18 unless applicable law provides otherwise," and 18 what it says; that it -- the lender shall give
19 the parenthesis closes and then end of the 19 notice.
20 sentence. I just want to address paragraph 18 20 Q. (By Mr. Watts:) Okay. And my
21 real quick so we don't have to talk about it 21 question, whether you're a lawyer or not, it's a
22 again. 22 very simple question: Does Bank of America have
23 If you'll flip back a page or two 23 to give notice before accelerating the loan in

Page 15 Page 17

1 and look at paragraph 18, and take your time and 1 order to comply with Paragraph 22?
2 read it. What I understand this to be saying is 2 A. I can simply state that we did give
3 that if the borrower attempts to, for example, 3 notice in the case, and I don't know -- I can't
4 sell the property, then the entire loan would be 4 interpret whether it was a requirement under
5 due; is that your understanding of it? 5 this paragraph or not. It --
6 A. Well, it is sold or transferred but, 6 Q. Okay. So as the corporate
7 yes, that's my understanding is -- 7 representative of Bank of America, we're here in
8 Q. Right. 8 this litigation, and you understand -- or maybe
9 A. -- of the purpose of that. 9 you don't understand. Do you understand that
10 Q. And I'll just tell you, to my 10 one of the issues in this case is whether the
11 knowledge, that paragraph doesn't have anything 11 notice provided by Bank of America was
12 to do with our case. So when we read this 12 sufficient? Do you understand that's one of the
13 sentence, I'm just -- back to Paragraph 22, I'm 13 issues?
14 just going to ignore that part about 18. I just 14 A. Yes.
15 wanted us to be on the same page; is that fair? 15 Q. Okay. So, as a corporate
16 A. Fair. 16 representative of Bank of America, this is my
17 Q. All right. So this first sentence, 17 chance to question Bank of America, and you are
18 it says, "Lender shall give notice to borrower 18 Bank of America right now; and I'm simply asking
19 prior to acceleration." Is it an option for the 19 you when it says, "Lender shall give notice,"
20 lender to not give notice to the borrower prior 20 does that mean the lender must give notice?
21 to acceleration? 21 A. I don't know.
22 A. I mean, it speaks -- the document 22 Q. You don't know?
23 speaks for itself. It says that the lender 23 A. I know that we did give notice.

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1 Q. Okay. 1 mortgage, Defendants' Exhibit 1, you have in


2 A. But as to what -- I can't -- like, I 2 front of you, you understand that at least as
3 can't do a deal conclusion or analysis of 3 long as Bank of America had any involvement with
4 whether shall means must. We do provide notices 4 this loan, it was required to follow this
5 of intent to accelerate, and I can see that we 5 mortgage; right?
6 did on this case. 6 A. Yes.
7 Q. Okay. But as a corporate 7 Q. So you don't have any doubt about
8 representative of Bank of America, you have no 8 that, do you? Bank of America must follow the
9 opinion on whether Bank of America must give 9 mortgage between Bank of America and the Barnes?
10 notice to the borrower prior to acceleration; 10 A. I have no reason to believe
11 right? You have no opinion on this? 11 otherwise.
12 A. I -- I personally do not, no. 12 Q. Okay. Well, let me take a step
13 Q. Well, that's fine. But I want to 13 back. How did Bank of America get this
14 know as the corporate representative of Bank of 14 mortgage? Did it make the loan? Did it
15 America, what is the opinion of Bank of America 15 purchase the loan? Was it servicing the loan?
16 on what this document -- is notice required to 16 How did Bank of America become involved with the
17 be given before acceleration? 17 Barnes?
18 A. I did not see any opinion in the 18 A. We are or were the servicer and
19 books or the records that I saw about whether or 19 became the investor, but we did not originate
20 not we were -- we were going to send a notice to 20 this loan and we -- in fact, Bank of America,
21 the Barnes in this case. I saw -- simply a 21 N.A., it was a predecessor entity; that was
22 report that I saw it -- the notice was sent. 22 actually how we became involved in the loan.
23 Q. Well, I appreciate you telling me 23 Q. Okay. When did Bank of America

Page 19 Page 21

1 that you did not see some written opinion from 1 start servicing the loan?
2 Bank of America. I'm just asking you, as the 2 A. So our records show that one of the
3 corporate representative for Bank of America, 3 entities that eventually merged into Bank of
4 before Bank of America accelerates this loan, is 4 America, N.A., where -- began servicing the loan
5 it required to give notice? 5 around the middle of May of 2006.
6 A. To the extent that this requires us 6 Q. Is that Countrywide?
7 to do it, then we do. 7 A. It was Countrywide Home Loan
8 Q. Does it require? 8 Servicing, LP.
9 A. I don't know. 9 Q. Okay. And who owned the loan at
10 Q. Okay. All right. So let's go to 10 that point?
11 the next paragraph. It says, "The notice shall 11 A. In 2006, it was the original -- I
12 specify" -- and then it's going to give us four 12 mean, the original lender would have owned it
13 things: A, B, C, D. So "A is the default; B, 13 and then it looks like it transferred to
14 the action required to cure the default; C, a 14 Countrywide and then almost immediately
15 date not less than 30 days from the date the 15 thereafter went to Fannie Mae.
16 notice is given to borrower by which the default 16 Q. Okay. And then at some point did
17 must be cured; and then D, the failure to cure 17 Bank of America become the owner of the loan?
18 the default on or about the date specified in 18 A. Yes.
19 the notice may result in acceleration of the sum 19 Q. Do you remember when that was?
20 secured by this security instrument and sale of 20 A. I believe it was in January 25th of
21 the property." 21 2013.
22 And let me just back up a second and 22 Q. Okay. Now, when Bank of America is
23 make sure we're on the same page. This 23 servicing the loan or Countrywide is servicing

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1 the loan, the servicer is required to follow the 1 A. Yes.


2 mortgage, which is Defendants' Exhibit 1; 2 Q. So if the investor tells Bank of
3 correct? 3 America, "Don't follow that. We want you to
4 A. Yes. 4 apply the money in a different order," would
5 Q. Do you have a hesitation about that, 5 Bank of America follow the mortgage or would it
6 or are you unsure about that or are you 6 follow what the investor tells it to do?
7 confident that this mortgage must be followed by 7 A. I can't speculate as to that
8 whoever is servicing the loan? 8 situation. I've never seen a situation -- our
9 A. I -- all I know is that we're 9 payment policy is to follow the mortgage to
10 required to follow all federal and state rules 10 whatever the document states in the order of
11 and guidelines and that to the extent -- I don't 11 payments.
12 think there's anything that I've seen internally 12 Q. Okay. And I use that as an example.
13 where it states that we have to comply by the 13 We can go through each one of these one by one,
14 mortgage. But, obviously, as it's sort of part 14 but what I'm trying to understand is does Bank
15 of contract law, it's the contract you've got to 15 of America have a policy and procedure that it
16 follow. I mean, it's -- so I would -- that's 16 follows the mortgage or does it simply follow
17 the reason why I was trying to work out -- 17 whatever the investor tells it to do?
18 there's not -- like, there's, you know, 18 A. I believe that it would be to follow
19 somewhere to go to say you have to follow the 19 the mortgage.
20 mortgage. 20 Q. Right.
21 Q. What's the policy and procedure at 21 A. Uh-huh.
22 Bank of America about following the mortgage for 22 Q. This is a contract between Bank of
23 a loan that Bank of America services or owns? 23 America and the homeowner; right?

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1 A. I mean, there's -- again, I have not 1 A. I don't know if it's all the time
2 seen a policy or procedure that discusses that 2 between Bank of America and the homeowner.
3 -- something at that level. We abide by the 3 Q. Okay. Well, let's do this, at least
4 investor requirements and then each sort of 4 when Bank of America becomes, I think your word
5 piece under the mortgage would be broken out 5 is the investor of the loan, then this would be
6 separately. 6 a contract between Bank of America and the
7 Q. And Bank of America became the 7 homeowner; right?
8 investor in 2013? 8 A. Yes.
9 A. Yes. 9 Q. Okay. And if somebody else was the
10 Q. If you will, flip to -- it's about 10 investor, for example, Fannie Mae, and Bank of
11 page three in the mortgage, Bates-stamped 63. 11 America was servicing the loan, Bank of America
12 A. Okay. 12 would still be required to follow the mortgage;
13 Q. If you look at paragraph two, it's 13 right?
14 entitled "Application of payments or proceeds." 14 A. I would have no reason to believe
15 Do you see that? 15 otherwise.
16 A. I do. 16 Q. Is that the same thing as a yes?
17 Q. And that tells how the money that's 17 A. Yes.
18 received from the borrower is to be applied; in 18 Q. Okay. Thank you. All right. Let's
19 other words, there's an order that you apply 19 go back to Paragraph 22, it's on page 12
20 funds that come in. It says you start with the 20 Bates-stamped 72. So go back to -- just to give
21 interest due and then you go to the principal 21 us sort of context, I'll send this sentence,
22 due and then any amounts under Section 3, which 22 basically the second sentence, "The notice shall
23 would be basically escrow; right? 23 specify A, the default; B, the action required

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1 to cure the fault; C, a date not less than 1 where it was done, was it done in the manner
2 thirty days from the date notice is given to 2 specified in Defendants' Exhibit 1?
3 borrower by which default must be cured; and, D, 3 A. Yes.
4 that failure to cure the default on or before 4 Q. Okay. If it was not done in the
5 the date specified in the notice may result in 5 manner specified in Exhibit 1, would you agree
6 acceleration of the sum secured by this security 6 that that default notice does not comply with
7 instrument and sale of the property"; right? 7 Paragraph 22 of the mortgage?
8 A. That's what it states, yes. 8 A. I don't know.
9 Q. Can Bank of America decide that it 9 Q. So it could differ from what
10 will not specify section A, which is the 10 Paragraph 22 says and you have no opinion on
11 default? If it's going to send a letter, as the 11 whether or not that would be against Paragraph
12 previous sentence said, can it say, "We're going 12 22?
13 to skip telling you what the default is"? 13 A. I do not.
14 A. I don't know. 14 Q. Okay. So going back to A, which is
15 Q. Is Bank of America required, if it 15 the default, you have no opinion about whether
16 sends a notice under Paragraph 22 to specify the 16 Bank of America in sending of Paragraph 22
17 default, what will cure the default, the date 17 notice must identify the default?
18 that the default must be cured, and that if the 18 A. Again, I know that we do --
19 default is not cured that this must result in 19 Q. Okay.
20 acceleration or sale of the property? Is Bank 20 A. -- in our notices.
21 of America required to do that? 21 Q. But you don't know whether you have
22 A. I don't know. All I can say is that 22 to or not?
23 I can see in the documents that I've reviewed, 23 A. That's correct.

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1 the notices -- that I've reviewed, they've all 1 Q. The same thing for B, which is the
2 contained that information. 2 action required to cure the default; you have no
3 Q. But as a corporate representative of 3 opinion on whether or not that's required to be
4 Bank of America, you have no opinion, no idea on 4 in the notice?
5 whether this mortgage, which we've established 5 A. Other than the fact that every
6 is a contract between Bank of America at least 6 notice I've seen has -- contains that
7 as of 2013 and the Barnes; you have no opinion 7 information, I do not.
8 about whether Bank of America in sending a 8 Q. Okay. And then C about the date
9 default notice must specify those four things: 9 that you have to cure it, the same answer;
10 Default, the way to cure the default, the date 10 right?
11 to cure the default and what will happen if the 11 A. Again, I see it in all of the
12 default is not cured; right? 12 notices that I've reviewed and in this case as
13 A. Again, all I can state is the fact 13 well, the notices that I saw in this particular
14 that of all the notices I've reviewed, they've 14 file.
15 all contained that information. And I, again, 15 Q. Okay. And you have no opinion on
16 can't -- I'm not here as a lawyer to state why 16 whether that's required?
17 that's the rea -- that's what we've done. 17 A. I do not.
18 Q. Bottom line is you don't know if 18 Q. And then D, "The failure to cure the
19 it's required or not, do you? You just know 19 default on or before the date specified in the
20 that, as you've testified, that it was done? 20 notice may result in the acceleration of sum
21 A. That's correct. I know that it was 21 secured by security instrument in sale of the
22 done. 22 property." No opinion about whether or not
23 Q. Okay. And on all those notices 23 that's required to be in the Paragraph 22

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1 notice? 1 until this morning, so this deposition has


2 A. Other than, again, I see it in all 2 nothing to do with being a lawyer. I'm asking
3 -- the notices, I do not. 3 you, as a corporate representative of Bank of
4 Q. And all the notices that you've 4 America, what does this mean? Does shall mean
5 reviewed, do they comply with that Paragraph D? 5 that you have to do it or does it mean it's
6 A. I believe they do, yes. 6 optional? If you don't know, you don't know.
7 Q. Okay. And if they're different than 7 A. I don't know.
8 Paragraph D, would that be troubling to you? 8 Q. Okay. Let's take a step back. In
9 A. No. 9 looking at this mortgage, you said that Bank of
10 Q. Okay. Let's drop down to the next 10 America, they became the investor in 2013, so
11 paragraph. And this is -- I'll sort of give us 11 this would be a contract between Bank of America
12 a little bit of context and then I'll read this 12 and my clients; right?
13 so we can make sure we're on the same page. 13 A. Yes.
14 This is about leading up to and the actual 14 Q. Okay. And so somebody at Bank of
15 foreclosure sale. And tell me what your 15 America has to decide what these words mean;
16 understanding is about how a foreclosure sale 16 right?
17 happens in the State of Alabama. 17 A. Yes.
18 A. My only understanding is I -- that 18 Q. Okay. I mean, this is a 14-page
19 it's -- Alabama's is a nonjudicial state, 19 document, it's got all sort of words in here.
20 meaning that we're not required to file a 20 We looked at paragraph or Section Number 2 about
21 complaint with the court in order to foreclose 21 how you apply the payments. Somebody has to
22 on a property. 22 read that at Bank of America and say, "Okay. I'm
23 Q. Okay. And so this paragraph will 23 going to make a decision on what this means as

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1 give us sort of the standard here. So I'll just 1 far as how we apply payments"; right?
2 read the first paragraph, "If lender invokes the 2 A. I suppose.
3 power of sale," and power of sale would be that 3 Q. So you say you suppose; I'm trying
4 nonjudicial foreclosure you just described; 4 to figure out if somebody at Bank of America
5 right? 5 does not look at this mortgage, this contract,
6 A. I believe so, yes. 6 and figure out what it means then how would Bank
7 Q. Okay. "If lender invokes power of 7 of America know what to send to the borrowers,
8 sale, lender shall give a copy of notice to 8 how much a borrower is supposed to pay, when
9 borrower in the manner provided in Section 15." 9 they're supposed to pay, how to accelerate the
10 And we can look at section 15, that's just how 10 loan, how to do a fore -- how would Bank of
11 you send a notice to a borrower, basically to 11 America know unless it figures out what these
12 their address. Let me ask you this: When it 12 words mean?
13 says "the lender shall give a copy of notice to 13 A. The question as I understood that
14 borrower," is that a requirement for the lender 14 you asked it was whether somebody's going in and
15 to do or is that optional for the lender -- the 15 interpreting this particular contract. As
16 lender being Bank of America? 16 you've pointed out, this is a uniform
17 A. Again, I think that you're asking me 17 instrument, so at some point somebody would have
18 for a legal conclusion about what the word shall 18 looked and said, you know, what the different
19 means, and so I'm not really here for that. And 19 paragraphs mean. I know when the loan -- the
20 I'm not here as an attorney, so I can't make an 20 loan gets boarded or if you want to use the
21 opinion as to whether or not -- what shall 21 payment section as an example, when we put it
22 means. 22 into our system, somebody would have gone in and
23 Q. I didn't know you were a lawyer 23 read the document and put in that these are --

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1 this is the order that the payments need to be 1 Q. Okay. They service and own a lot of
2 processed. 2 loans, don't they?
3 But as to interpreting it, that's 3 A. Yes.
4 the part I'm not exactly sure. They are just 4 Q. And so you have these uniform
5 taking the information and putting it in there 5 instruments, and somebody has to go in and say,
6 into a system and then from there -- from there 6 "Well, here's a due date," and so that means
7 on when a homeowner -- when the Barnes made a 7 something. And I think you and I can agree that
8 payment, it would have been applied in this 8 would not require a lawyer to figure that
9 manner. And so while somebody might have 9 out; right?
10 interpreted it at some point, and that's kind of 10 A. That there's a due date?
11 where I'm at, I suppose. I'm not sure that 11 Q. Right.
12 there's interpretation or analysis of what the 12 A. That's correct. Although, again, I
13 words mean at every stage, I guess, of the -- in 13 don't know if there were lawyers involved when
14 every paragraph at -- for every individual 14 the uniform instrument was initially being
15 mortgage document, a lot of the language is 15 interpreted or looked at.
16 uniform across the documents. 16 Q. Okay. Let me ask you this: In
17 Q. Right. That's the whole concept; 17 terms of who would make the decision -- go back
18 there is a uniform instrument. So Bank of 18 to Paragraph 22. Who would make the decision as
19 America doesn't have to deal with -- how many 19 to what the notice should say under Paragraph
20 loans does it have in Alabama? 10,000 loans? 20 22? Would that be somebody at your level?
21 100,000 loans? 21 Would that be somebody at a lower level or a
22 A. I don't know. 22 higher level than you?
23 Q. More than a thousand? 23 A. It would be a completely different

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1 A. I have not looked at that 1 department.


2 information; I don't know. 2 Q. Okay.
3 Q. Okay. So no idea how many loans are 3 A. And so I can't really say what level
4 in Alabama? At least one; right? We've got at 4 they would be at. I would believe it to be at a
5 least one or we had one; right? 5 very high level. We have a breach in compliance
6 A. Yes. 6 letter team, and we would also involve
7 Q. But beyond that, you don't know? 7 attorneys --
8 A. Yeah. Again, I mean, I know that we 8 Q. Right.
9 would have -- we do have loans here, but I just 9 A. -- in that decision as well.
10 haven't seen the amount. 10 Q. So when a notice is sent under
11 Q. How many loans does Bank of America 11 Paragraph 22, that's not Bob or Cindy or Suzie,
12 have across the country? 12 the customer service employee, typing the letter
13 A. I don't know. 13 as they want it, there are standard letters that
14 Q. More than 10,000? 14 are provided to them; right?
15 A. I have -- 15 A. We use letter templates, yes.
16 Q. More than 100,000? 16 Q. Okay. And it would be beyond the
17 A. I have not -- never received or seen 17 scope of an employee's authority to say, "I'm
18 that information to know how many loans we 18 not going to use that template. I'm just going
19 service or own across the country. 19 to type my own Paragraph 22 notice and send it
20 Q. Okay. What does Bank of America 20 to somebody in Alabama"?
21 have, like, 200,000 employees? 21 A. That's correct.
22 A. Again, I can't recall how many 22 Q. Okay. And so the template is so
23 employees we have. 23 that these letters will be uniform and

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1 consistent? 1 human looks at it before it is sent out. I'm


2 A. Yes. 2 just trying to figure out which way is Bank of
3 Q. And it means that whoever is 3 America or is there a different way Bank of
4 creating that letter -- we'll talk about whether 4 America does it?
5 that's a computer or human being in just a 5 A. My understanding is that there is no
6 second. But what they have to put in will be 6 human decision-making on the -- when deciding to
7 the variables, so the name of the borrower, the 7 send the letter, that it is done -- I understand
8 address, the property address, the -- remember 8 it to be done every evening. Nightly they --
9 those four things, the amount of the default, 9 the system will -- there's, like, a macro or
10 how to cure the default, the date to cure the 10 some sort of process computer -- I'm not a
11 default, all that sort of stuff; they would put 11 computer person, but there's some sort of
12 those variables in and then the letter is 12 computer program run across our servicing
13 created; right? 13 platform that would pull all eligible loans
14 A. Yes. 14 based on the criteria. You know, we do have
15 Q. Does a human being cause the letter 15 investor requirements or the state requirements
16 to be created, the Paragraph 22 notice, or is 16 and if, you know, it's in bankruptcy there's
17 that done automatically by a computer? 17 certain codes that would cause a loan that would
18 A. My understanding is the decision as 18 need a breach letter to not be on that list, and
19 to whether or not to create the letter -- 19 then there's sort of a database created or,
20 whether the loan is ripe for a default letter to 20 like, there's some sort of list of loans with
21 be sent is done using a computer system that 21 all of the pertinent information. And then,
22 pulls that information and then the actual -- I 22 again, it's a computer process that would apply
23 believe that it's a system as well that kind of 23 the proper template --

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1 merges the letter, but there is human 1 Q. Okay.


2 involvement as well as to QAing to make sure 2 A. -- for each letter. But, again, I
3 that the letter -- the information is put in -- 3 don't think that there is a person making the
4 you know, put in the right fields, it makes 4 decision on each and every loan.
5 sense or looks right and things of that nature. 5 Q. And you mention -- I think I heard
6 And I think that there's some behind the scenes 6 you say a breach letter. Is that what this is
7 or after-the-fact QAing of the -- but the 7 called? I just want to -- I don't care what we
8 figures are coming from our systems. 8 call it, I just want to make sure we're on the
9 Q. Okay. And here's my question, I 9 same page of what we call these things.
10 apologize if I didn't ask it in the right way: 10 A. That's what we often will call these
11 Some companies have it to where an employee, 11 a breach letters --
12 we'll just call him Bob; okay? Bob says, "We 12 Q. A breach letter?
13 need to send out a default notice, Paragraph 22 13 A. -- or notice of intent.
14 notice," I think you guys call it a notice of 14 Q. So I'll try to use one of those
15 intent to accelerate. And Bob presses a button 15 expressions.
16 and then the system pulls all the data into the 16 A. Uh-huh.
17 template and then the letter is printed either 17 Q. What's the servicing platform that's
18 there at the mortgage company or at some 18 used? What is the name of that?
19 third-party prints it. And other companies do 19 A. AS/400.
20 it to where it's just an automatic thing, where 20 Q. And you said that there can be some
21 a certain date has hit, the computer checks it 21 human involvement, I guess, quality assurance
22 and says, yep, generates the Paragraph 22 22 human involvement. Do you know is that done on
23 notice, all the data is created and then maybe a 23 every single letter, or is that we sample one

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1 out of 100, one out of 1,000? 1 Q. -- that then the computer generates
2 A. I understand it to be a sampling. 2 the letter?
3 Q. Okay. 3 A. Yes.
4 A. And then additionally I should also 4 Q. And are the breach letters actually
5 say that there is a manual process. This is the 5 printed at the Bank of America, put in an
6 automated process. There is a manual process. 6 envelope and mailed from Bank of America or is
7 So if, for example, there were to be a reason 7 there, like, a fulfillment house or some shop
8 that a new notice of intent would need to be 8 that does that for you guys?
9 sent out and that would not be captured -- so 9 A. I am not certain for the Alabama
10 there is a mechanism for an individual to say, 10 letter if they are done using a vendor or if
11 "This one needs a letter." 11 they are done in-house.
12 Q. And what level employee, however you 12 Q. Okay. Some parts of the country a
13 describe them by title, position, rank, 13 vendor does it; some parts it's done in-house?
14 whatever, would have the authority to manually 14 A. Yes.
15 cause one of those letters to be created? 15 Q. Okay. So let's go back to Paragraph
16 A. I'm not exactly certain. It's 16 22. And we're looking at -- under this invoking
17 something that, as I understand it, it would be 17 the power of sale.
18 if -- again, it would be more of a one-off 18 A. Okay.
19 circumstances, so individual circumstances. So 19 Q. "If lender invokes power of sale,
20 if -- for example, I've seen in that there's 20 lender shall give a copy of the notice to
21 litigation on the loan, that's preventing the 21 borrower in manner provided in Section 15." You
22 breach letter from being mailed but in order to 22 have no opinion about whether Bank of America
23 advance the litigation, we need that letter to 23 must give a copy of a notice to the borrower?

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1 be sent, like, my department can request to send 1 A. Other than to the extent that shall
2 it and then they would -- to that department and 2 means must or that -- I don't -- I --
3 then that department, at some level, they would 3 Q. That's what I'm asking.
4 make a decision as to whether to pull the 4 A. Right.
5 trigger and to send -- 5 Q. Does shall mean must --
6 Q. Okay. 6 A. I --
7 A. -- and create the letter. Again, it 7 Q. -- or does shall mean maybe, on a
8 would still be the same template. There isn't 8 whim, possible? What does it mean?
9 any difference in the language itself, it's just 9 A. I have no reason to believe that we
10 a matter of -- like I said, there's certain 10 would not have complied with this paragraph.
11 circumstances or other occasions where a letter 11 Q. Sometimes there are vague words in
12 might need to be sent. 12 the human language; right?
13 Q. So if a manual letter might needed 13 A. Uh-huh.
14 to be sent, some committee or a single person 14 Q. The English language; right?
15 would decide that, they'd press a button, F5 on 15 A. Right.
16 the keyboard, or they put in a certain code and 16 Q. Shall is not vague, is it?
17 then the computer generates the letter? 17 A. I suppose not.
18 A. I -- I don't have that level of 18 Q. Okay. So, tell me if you and I can
19 understanding of how -- if it's a button to be 19 agree that Bank of America must give a copy of a
20 pushed or -- 20 notice to the borrower?
21 Q. Yes. I'm just saying they do 21 A. I have no reason to believe that we
22 something -- 22 would not.
23 A. Yes. 23 Q. So they must do it?

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1 A. I suppose. 1 County, Alabama.


2 Q. Well, I don't want you to guess, but 2 Q. So you've used that expression
3 if -- if -- it's either yes, no, or I have no 3 twice, "the document speaks for itself." That's
4 idea. 4 what it says, and that's what it means; right?
5 A. Then I don't know. 5 A. Yes.
6 Q. Okay. Then look at the sentence, 6 Q. And Bank of America must follow what
7 "Lender shall publish the notice of sale once a 7 this Defendants' Exhibit 1, the mortgage, says;
8 week for three consecutive weeks in a newspaper 8 right?
9 published in Jefferson County, Alabama," and 9 A. Yes.
10 we'll stop there. So, again, when it says 10 Q. And then it says this newspaper must
11 "shall publish the notice," you have no opinion 11 be published in Jefferson County. Does that
12 as corporate representative of Bank of America 12 mean it has to be published in Jefferson County
13 whether that means that Bank of America must or 13 or can Bank of America say, "You know, I don't
14 it's optional to publish the notice once a week 14 like doing it in Jefferson County. Let's do it
15 for three weeks; right? 15 in Mobile County"?
16 A. I have no opinion as -- that's 16 A. Again, these are things that we
17 correct. 17 would rely on our foreclosure counsel to
18 Q. Okay. And when it says "once a 18 determine. And so to the extent that we're --
19 week," you have no opinion whether that 19 that this is -- it says that we should do it in
20 literally means once a week or does it mean five 20 Jefferson County and assuming -- I would assume
21 times a week or seven times a week? You have no 21 that the property hasn't changed counties, then
22 opinion? 22 that's the proper county.
23 A. Our opinion is that we rely on our 23 Q. There's no indication on this

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1 counsel -- foreclosure counsel in the states to 1 Defendants' Exhibit 1, which is a document that
2 follow the laws of the state. And so to the 2 you guys produced to me, no indication that the
3 extent that this mirrors the language in the 3 mortgage has changed as far as the county or
4 laws of Alabama, then I believe we complied with 4 anything like that; right?
5 everything. 5 A. As far as I could see in the
6 Q. Okay. And we'll get to whether or 6 documents, I just know sometimes there have been
7 not Bank of America complied with it. I'm just 7 situations where it was either recorded in the
8 trying to understand when it says you shall do 8 wrong county or, you know, county lines move
9 this once a week for three consecutive weeks, 9 occasionally. And so to the extent that the
10 does that mean that you have to do it once a 10 county line would have moved or somehow the
11 week for three consecutive weeks or does it mean 11 property wasn't supposed to be in Jefferson
12 it's optional? 12 County and it turns out it was next door --
13 A. Again, the document speaks for 13 Q. Right.
14 itself. So to the extent that it is a 14 A. -- those are the situations that I'm
15 requirement, then that it's a requirement. 15 talking about.
16 Q. What does that mean "the document 16 Q. Putting those aside --
17 speaks for itself"? 17 A. Uh-huh.
18 A. That the document states what it 18 Q. -- you do it in Jefferson County,
19 states. 19 right, as far as the newspaper advertisement?
20 Q. And what does it state? 20 A. I have no reason to believe
21 A. That the lender shall publish a 21 otherwise, that's correct.
22 notice of sale once a week for three consecutive 22 Q. And then it says, "And thereupon
23 weeks in a newspaper published in Jefferson 23 shall sell the property to the highest bidder at

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1 publish auction." Did Bank of America have the 1 sorry. Is that when you're a servicer, the
2 option to sell it to somebody who's not the high 2 investor may say we're invoking such and such
3 bidder? 3 clause and we're going to make your purchase
4 A. I don't believe so, no. 4 this loan?
5 Q. Pretty clear, right, to the high 5 A. It's when we're the servicer -- I'm
6 bidder? 6 not really sure if it's because we were the
7 A. That's what it states, yes. 7 servicer or because we were -- we had sold the
8 Q. And it's got to be at a public 8 loan to that investor in the first place. But
9 auction. 9 in any event, there are situations where -- and
10 A. Okay. 10 I didn't look into the circumstances or
11 Q. I meant that as a question. It has 11 situation that we acquired the loan in 2013 --
12 to be at the public auction; right? 12 Q. Okay.
13 A. That's what the document states, 13 A. -- other than seeing that we did.
14 yes. 14 Q. But even in that situation you've
15 Q. And that's what Bank of America has 15 described, that's a contract that Bank of
16 agreed to be bound by; right? 16 America entered into with the investor to say if
17 A. Yes. 17 X, Y, Z happens then we can be forced to
18 Q. When Bank of America took over the 18 purchase this loan; right?
19 servicing of this loan -- nobody made Bank of 19 A. Yes.
20 America take the servicing of this loan; right? 20 Q. In other words, nobody -- just some
21 A. Not to my knowledge, no. 21 stranger doesn't come up to Bank of America and
22 Q. Nobody said, "We're going to put the 22 say, "Here are 10,000 loans in Alabama, we're
23 CEO in jail if you don't take the servicing of 23 making you buy these loans"; right?

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1 this loan"? 1 A. That's correct.


2 A. No. 2 Q. Okay. So Bank of America
3 Q. Okay. And when Bank of America 3 voluntarily took this loan and they voluntarily
4 decided to become the investor of this loan, 4 agreed to be bound by this mortgage; correct?
5 2013, nobody made Bank of America do that; 5 A. Yes.
6 right? 6 Q. So go back to Paragraph 22, that
7 A. I don't know. 7 section that we're looking at about the
8 Q. Well, in all your experience at Bank 8 nonjudicial sale. It says, "The highest bidder
9 of America, how many loans do you recall where 9 at public auction at the front door of the
10 Bank of America said, "We don't want that loan" 10 county courthouse." Can Bank of America say,
11 but they were forced to accept the loan? 11 "We're more a back door people, not front door,
12 A. It happens. 12 so we're going to do the sales at the back door
13 Q. Tell me when it happens. 13 of the courthouse"? Or does Bank of America
14 A. So we have contracts or agreements 14 have to do it at the front door of the
15 with the investors and then there are occasions 15 courthouse?
16 where the investor will make a claim under their 16 A. This document states "front door of
17 representative -- or reps and warranties under 17 the county courthouse."
18 that agreement and that we're required to 18 Q. And so that's what Bank of America
19 repurchase the property or the loan, so we don't 19 has to do?
20 really have a choice -- 20 A. I have no reason to believe
21 Q. That's -- 21 otherwise. But, again, I -- I don't know if the
22 A. -- necessarily. 22 -- I don't know anything about -- I'm not a
23 Q. I'm sorry. That's when your -- I'm 23 licensed attorney in Alabama, so I don't know if

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1 there are state laws or county laws that would 1 deposition looking at that sentence in
2 supersede or change or alter the location of the 2 particular, didn't you?
3 sale. 3 A. I'm not sure that I did, but I did
4 Q. Assume no state law, no county law, 4 read it, yes.
5 no city law that would alter it, then Bank of 5 Q. Okay. Now there's a word again
6 America, if it wants to conduct a nonjudicial 6 "shall." So you and I can agree that the notice
7 foreclosure, must do that at the front entrance 7 must do whatever it says in the rest of the
8 of the courthouse; correct? 8 sentence; correct?
9 A. Yes. 9 A. That's what this document states,
10 Q. And then it says, "Of the county 10 yes.
11 courthouse of this county," "this county" being 11 Q. And that's what you as the corporate
12 Jefferson County; correct? 12 representative of Bank of America agreed to?
13 A. Yes. 13 A. Again, I mean, the document speaks
14 Q. So, again, Bank of America cannot 14 for itself. It says what it says, and I'm not
15 say, "You know, we're going to do this in 15 here to provide a legal analysis of what that
16 Madison County or St. Clair County or Shelby 16 means or whether the notices complied or did not
17 County or Mobile County or Tuscaloosa County, 17 comply with it. I can simply state I'm here to
18 they have to do it in Jefferson County; right? 18 present the facts.
19 A. That's what this document states, 19 Q. Well, with all due respect, you're
20 yes. 20 here to answer my questions. I'm not asking you
21 Q. And that's what you know Bank of 21 as a lawyer; I'm asking you as the corporate
22 America is required to do because the document 22 representative. And the question is: When it
23 says that; right? 23 says, "The notice shall further inform borrower

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1 A. Yes. 1 of the right to reinstate after the acceleration


2 Q. If you look at the next sentence, 2 and the right to bring a court action to assert
3 "Lender shall deliver to the purchaser lender's 3 a nonexistence of a default or any other defense
4 deed conveying the property." It's not 4 borrower to acceleration to sell," does that
5 optional; if somebody purchases the property, we 5 mean that the notice must do that?
6 know that has to be the high bidder, then the 6 A. I mean, it states that it should or
7 deed must be provided; correct? 7 that we should, yes.
8 A. Okay. That's what the document 8 Q. It states that you should do that?
9 states, yes. 9 A. It states shall.
10 Q. And that's what you agree as the 10 Q. Okay. And as corporate
11 corporate representative of Bank of America? 11 representative, this is a major issue in the
12 A. Yes. 12 case and you're here to testify about it, does
13 Q. Okay. All right. Now, let's go 13 that mean that it's optional for you or does
14 back up to the previous paragraph. You'll see 14 that mean that you must do that?
15 about midway through that paragraph it says, 15 A. I don't know.
16 "The notice shall further inform borrower of the 16 Q. Okay. Now when it says, "the right
17 right to reinstate after acceleration and the 17 to reinstate after acceleration," does the
18 right to bring a court action to assert the 18 notice have to tell the borrower that they have
19 nonexistence of default or any other defense of 19 the right to reinstate after acceleration?
20 borrower to acceleration and sell." Do you see 20 A. Again, the document speaks for
21 that? 21 itself. It states what it states.
22 A. Uh-huh, yes. 22 Q. And what does it state?
23 Q. And you spent some time before this 23 A. "The notice shall further inform the

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1 borrower of the right to reinstate after 1 case law or review the legal -- the laws in this
2 acceleration and the right to bring a court 2 state. I'm not a licensed attorney in this
3 action to assert the nonexistence of a default 3 state and I'm not practicing -- I'm not a
4 or any other defenses of borrower to 4 practicing attorney and I'm not practicing for
5 acceleration and sale." 5 Bank of America and so I don't know how else to
6 Q. Okay. So does the notice under 6 answer that question. The document states what
7 Paragraph 22, must it tell the borrower that the 7 it states and that's all I know.
8 borrower has the right to reinstate after 8 Q. And you have no opinion beyond what
9 acceleration? 9 it states, is that a fair statement?
10 A. Again, the document speaks for 10 A. I do not have any opinion.
11 itself. It states what it states and I cannot 11 THE VIDEOGRAPHER: So --
12 provide an analysis -- a legal analysis of what 12 Q. (By Mr. Watts:) So you would not --
13 that cause or what the sentence means. It 13 MR. WATTS: We can go ahead.
14 states what it states. 14 THE VIDEOGRAPHER: You want to go
15 Q. I'm not asking you for a legal 15 ahead --
16 analysis. I'm asking you as the corporate 16 MR. WATTS: Yeah.
17 representative, Bank of America has to decide 17 THE VIDEOGRAPHER: This ends
18 whether it sends a notice or not and what that 18 Videotape Number 1 of the deposition of Jessica
19 notice says and we've agreed that this contract, 19 Woodbridge. The time is 11:14 a.m.
20 this mortgage is binding on Bank of America. 20 (A short recess was taken.)
21 And I'm just simply asking you, when it says 21 THE VIDEOGRAPHER: This marks
22 that Bank of America shall do this, does that 22 beginning of Videotape Number 2 of the
23 mean Bank of America must do this? It's not a 23 deposition of Jessica Woodbridge. The time is

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1 legal question. It's a very simple question. 1 now 11:33 a.m.


2 A. I -- I think that -- I can't answer 2 Q. (By Mr. Watts:) Okay. And we'll get
3 it without -- I think it is a legal analysis. I 3 started back in just a second. I do want to
4 can't answer that question. I'm not trying to 4 state for everybody here Rhonda Hood is here,
5 be difficult, but you're asking me to provide a 5 she's my co-counsel in the case, she will be
6 legal conclusion, which I can't do as a -- I 6 filing a notice of appearance, but I'll still be
7 just don't have that information. 7 the one asking you the questions.
8 Q. What information do you need -- 8 So we were talking in Paragraph 22
9 A. I -- 9 about the -- I think you called it the breach
10 Q. -- to understand what this sentence 10 notice. And when it says, "shall further inform
11 means? 11 borrower of the right to reinstate after
12 A. Again, you're asking me to do a -- 12 acceleration and the right to bring a court
13 to draw a legal conclusion, and it's just not 13 action," and I think the last question I asked
14 something I can do. 14 you was whether this is a requirement and you
15 Q. I'm not asking you to draw a legal 15 were saying that you would have to have more
16 conclusion. You said you do not have the 16 information to be able to answer that. And I
17 information. My question is: What information 17 think I asked you what additional information
18 do you need to be able to understand when it 18 you needed. And so just walk me through that
19 says "the notice shall" whether that means that 19 again. Is this something you cannot give me an
20 it must or not? 20 opinion on as the corporate representative of
21 A. I don't know how else to answer the 21 Bank of America?
22 question except for it to be a legal conclusion, 22 A. So my only understanding of Bank of
23 and so I would -- I'd need to know, I guess, 23 America's opinion and position is that we comply

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1 with all of the -- and our belief and our -- is 1 the loan; correct?
2 that we comply with all of the mortgage clause 2 A. That's correct.
3 requirements, that we comply with, you know, 3 Q. Okay. And if after purchasing the
4 state, federal, local laws and investor 4 loan Bank of America said, "We're just not going
5 requirements. And I don't have any opinions or 5 to follow this Paragraph 22," it could have
6 have any knowledge of particular opinions about 6 transferred or sold or given the loan to some
7 particular sections or interpretations of the 7 company that would follow it; right?
8 mortgage clauses. 8 A. I suppose. It's difficult for me to
9 Q. Well, let's put aside opinions. 9 speculate as to what -- since it didn't happen
10 What is the policy and procedure of Bank of 10 in this case. We were the investor and the
11 America when sending a breach notice; must it 11 servicer at the time of the notice of intent or
12 inform the borrower of the right to reinstate 12 the breach letter was sent.
13 after acceleration? 13 Q. And you're very familiar with all
14 A. I don't know. 14 the tens of thousands of loans that Bank of
15 Q. The same answer on whether it must 15 America has that loans are sold between
16 inform the borrower that they have the right to 16 different mortgage companies; right?
17 bring a court action? 17 A. Yes.
18 A. I don't know. 18 Q. Sometimes Bank of America is buying
19 Q. What's Bank of America's position 19 them; sometimes Bank of America's selling them?
20 for why this section is in this uniform 20 A. Yes.
21 instrument about "the notice shall inform 21 Q. And you've mentioned a couple of
22 borrower of the right to reinstate after 22 times about investor -- I don't know if you said
23 acceleration and the right to bring a court 23 guidelines or requirements. Tell me about that.

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1 action"? 1 Because you said you make sure and follow the
2 A. I don't know what our position would 2 investor -- is it the guidelines or
3 be. It's not -- this is not a document -- we 3 requirements?
4 did not originate this loan, so this is not a 4 A. It depends on the investor. The
5 document created by us in the first place. And 5 GSEs have guidelines and so I -- we could call
6 the uniform instrument, Bank of America, N.A., 6 them guidelines.
7 had no insight or -- we did not draft or create 7 Q. Okay.
8 the mortgage documents -- 8 A. But, you know, private investors and
9 Q. Okay. 9 our investing -- investor -- we have our own
10 A. -- the uniform instrument. 10 internal requirements --
11 Q. So Bank of America had no 11 Q. Right.
12 involvement with the creation of the uniform 12 A. -- for certain aspects of servicing
13 instrument? 13 the mortgage.
14 A. Not to my knowledge, no. 14 Q. But if an investor, Fannie Mae,
15 Q. Okay. And given that what you just 15 Freddie Mac, whoever, private, if they said,
16 said, Bank of America had no involvement with 16 "Ignore what's in the mortgage; do what we tell
17 this, but Bank of America knew when it bought 17 you," Bank of America would say, "Now, wait a
18 this loan in 2013 that this uniform instrument 18 minute. We have to follow the mortgage"; right?
19 went with this loan? 19 A. I don't know.
20 A. Yes. 20 Q. And as of 2013, Bank of America, you
21 Q. Okay. And if it did not want to 21 told us, was the investor in this loan?
22 follow this uniform instrument, Defendants' 22 A. Yes.
23 Exhibit 1, it could have chose not to purchase 23 Q. Okay. So are -- does Bank of

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1 America as an investor have different 1 attorneys -- our in-house legal team and outside
2 requirements as far as issuing a breach letter 2 legal team to help us draft the legal notices.
3 than Bank of America would have as the servicer? 3 So there would be some attorney/client privilege
4 A. So Bank of America as servicer would 4 concerns as well in knowing the opinions or
5 have no specific requirements as to the breach 5 reasoning behind the language that was chosen in
6 letter. We follow whatever our -- whatever 6 each letter that was sent.
7 we're required to follow, be it the mortgage or 7 Q. Is it a fair statement that this
8 the -- if we're determining the timing of when 8 would not have been just one person deciding
9 we send the letters, that would be investor 9 what to put in the breach letter, that would be
10 specific. So we just -- that's our policy or 10 a team effort maybe involving attorneys,
11 procedure would be to send it whenever they say 11 involving people from various departments?
12 they need it sent based on state law and on, 12 A. I would believe it to be a team
13 like I said, the investor and the mortgage. 13 effort, and it would definitely involve
14 Q. Right. 14 attorneys.
15 A. But to the extent that there's a 15 Q. Okay.
16 requirement of when the actual -- how long the 16 A. And I'm not sure about whether it's
17 loan must be in default before we send the 17 other departments or not.
18 letter, that's going to be investor specific. 18 Q. So besides the in-house legal
19 Q. Okay. And so with Bank of America 19 department and outside legal counsel, who would
20 being the investor, it would have its own 20 know at Bank of America how Bank of America
21 requirements that Bank of America as the 21 interprets this language? You can tell me by
22 servicer, even though it's one in the same, that 22 name or by position or by title. I'm just
23 Bank of America would follow? 23 trying to figure out who I would need to talk to

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1 A. Yes. 1 to get answers to my questions.


2 Q. Okay. Now, going back to this where 2 A. Again, we would be doing it all with
3 it says "Notice shall inform the borrower," and 3 attorneys and there is a breach in compliance
4 we'll just take this first one, "of the right to 4 letter team, and so I don't have any more
5 reinstate after acceleration." Is it Bank of 5 information about any individual on that team or
6 America's policy and procedure that that notice 6 -- I mean, I can't name any names from that, but
7 can say instead of the right to reinstate, it 7 there is a team that is -- handles these breach
8 can say the possibility of reinstating? 8 letters.
9 A. I don't know. 9 Q. Who's in charge of that breach
10 Q. Could it say, "There's a chance you 10 department?
11 could reinstate"? 11 A. I don't know.
12 A. I don't know. 12 Q. Do you know what their title would
13 Q. Could it say, "You should go 13 be? Is this, like, a vice president -- or I
14 research the law, research your mortgage 14 don't know what the names are at Bank of
15 documents and then determine if you have the 15 America.
16 right to reinstate"? 16 A. I honestly don't know what -- under
17 A. I don't know. 17 what organizational structure what -- who they
18 Q. No position as the corporate 18 report up to or anything like that.
19 representative for Bank of America? 19 Q. Okay. You just know the name of the
20 A. I have no knowledge of the decision 20 department is the breach in -- is it breach in
21 making -- again, on how we create our templates 21 compliance department or --
22 and the language we chose to use. We would have 22 A. That's my understanding is, yeah,
23 -- additionally, there's question -- we use 23 breach in compliance letter department,

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1 something to that effect. 1 Exhibit 1, Paragraph 22, and if you look at


2 Q. Okay. Let me show you what I will 2 Section D, you'll remember that we said this
3 mark as Defendants' Exhibit Number 2. 3 breach letter has four requirements about the
4 (Defendants' Exhibit 2 was 4 default, that it tell you the default, that it
5 marked for identification.) 5 tell you the amount or the way to cure the
6 Q. And this is Bates-stamped Bank of 6 default, the deadline to cure the default and
7 America 442 through 443. Take some time and 7 then what will happen if you do not cure the
8 look at that letter. I'm not sure if you have 8 default. And do you see in Section D it says,
9 seen that before. 9 "That failure to cure the default on or before
10 A. I have seen it before. 10 the date specified in the notice may result in
11 Q. Okay. This would be one of those 11 acceleration." Do you see that?
12 breach letters that we've been talking about? 12 A. Yes.
13 A. Yes. 13 Q. And you've told me several times,
14 Q. Okay. And this was sent by the 14 "The document speaks for itself." So how is it
15 previous servicer, Countrywide Home Loans? 15 speaking to us there?
16 A. It was sent by Countrywide Home 16 A. Just that it states what it states.
17 Loans Servicing, LP. 17 Q. That it will be accelerated or may
18 Q. Okay. And did you tell me that that 18 result in acceleration?
19 company merged into Bank of America or Bank of 19 A. Just -- it just states what the
20 America bought that company? Or tell me what 20 notice shall specify, and then that's one of the
21 happened. 21 conditions that it -- "Failure to cure the
22 A. So Bank of America Corporation, 22 defaults on or before the date specified in the
23 which is the parent corporation to Bank of 23 notice may result in acceleration."

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1 America, N.A., acquired Countrywide Financial 1 Q. Okay. And then look back at
2 Corporation, which I believe is the parent 2 Defendants' Exhibit 2, does it say may or will?
3 corporation to all of the Countrywide entities, 3 A. It states will.
4 and then -- and that was in 2008. And then this 4 Q. Okay. What's the position of Bank
5 -- the Countrywide Home Loan Servicing, LP, 5 of America on whether or not this complies --
6 changed its name to BAC Home Loan Servicing, LP, 6 Defendants' Exhibit 2, complies with Paragraph
7 and then that entity eventually merged into Bank 7 22 of Exhibit 1?
8 of America, N.A. 8 A. Our opinion and position is that it
9 Q. Okay. So let's look at this 9 does comply.
10 December 17, 2007, letter. Look at the -- do 10 Q. Okay. How do you know that opinion?
11 you see that first part, it's got the total due, 11 A. Because that's the -- our opinion
12 the $3,286. Start counting below that. I want 12 and position is that we comply with all terms of
13 you to look at the third paragraph, and I'll 13 the mortgage and the -- you know, all the other
14 read it if you want to read along with me. It 14 state, local laws, all of that, and the investor
15 says, "If the default is not cured on or before 15 requirements. And so if that's the -- then if
16 January 16, 2008, the mortgage payments will be 16 that's our position at that level, then we would
17 accelerated and the full amount remaining 17 not have created the letter that did -- that we
18 accelerated and becoming due payable in full and 18 do not believe that complied with Paragraph 22.
19 foreclosure proceedings will be initiated at 19 Q. Okay. So your position is all the
20 that time." And you can see that the "will be 20 breach letters were accurate, so whatever they
21 accelerated" is bolded. Do you see that? 21 say must therefore comply with Paragraph 22;
22 A. I do. 22 that's the position of Bank of America?
23 Q. Okay. Now look back at Defendants' 23 A. That is our position is that all of

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1 our breach letters complied with Paragraph 22. 1 Q. And I understand that the position
2 Q. Okay. Even though Paragraph 22 2 has come from on high that all of our letters
3 says, "may result," and this says, "will be 3 were in compliance, but I'm asking you, as the
4 accelerated"? 4 corporate representative, why do you believe
5 A. I mean, that's -- like, again, I 5 that language of "you may have the right," why
6 don't have any other information other than our 6 do you believe that's in compliance with the
7 position is that all of our breach letters 7 Paragraph 22 saying that "you have the right"?
8 complied with all of the requirements in 8 A. Again, our position is that these --
9 Paragraph 22. 9 that there -- it's the same, so I don't
10 Q. Okay. So look at the next 10 understand -- I -- it appears -- it appears to
11 paragraph. It says, "You may, if required by 11 comply with Paragraph 22. I don't see there to
12 law or your loan documents, have the right to 12 be an issue.
13 cure the default after the acceleration." And 13 Q. And, again, I'm not asking whether
14 then it goes on a little bit, but I want you to 14 somebody at Bank of America has said, "We
15 look at Defendants' Exhibit 1, Paragraph 22 and 15 complied with all breach letters and the
16 tell me the opinion or the position of Bank of 16 mortgages." I'm asking about this specific
17 America about whether or not saying, "You may, 17 letter, this specific mortgage, why do you, as a
18 if required by law or your loan documents, have 18 corporate representative of Bank of America,
19 the right to cure the default," is that 19 believe that it is the same thing to say, "You
20 consistent with Paragraph 22? 20 may have the right to bring a court action,"
21 A. Our position is that it is, yes. 21 when the mortgage says to "tell the borrower you
22 Q. Okay. And you see in Paragraph 22 22 have the right to bring a court action"? Why do
23 it talks about the right to reinstate after 23 you think those are the same?

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1 acceleration. And this talks about curing the 1 A. I don't see how they're different.
2 default after acceleration if required by law 2 I -- I don't -- and you appear to be asking me
3 and if your documents allow. And you view those 3 for my personal opinion. I'm stating that our
4 as the same or being in compliance with each 4 position is -- of the bank is that this letter
5 other? 5 or our letters complied with the Paragraph 22
6 A. Yes. 6 language.
7 Q. Okay. And if you look at the last 7 Q. Well, what I'm actually asking you
8 sentence of that paragraph, it says, "Further, 8 is as the corporate representative that's been
9 you may have the right to bring a court action 9 designated by Bank of America to speak in this
10 to assert the nonexistence of a default or any 10 litigation, I'm asking you not do you believe
11 other defense you may have acceleration of 11 all your letters comply but why do you believe
12 foreclosure." In saying that "you may have the 12 this specific language complies with Paragraph
13 right," it's your position that that is exactly 13 22?
14 the same thing as Paragraph 22 saying to tell 14 A. I believe our position is that
15 the borrower, "you have the right to bring a 15 there's no distinction or difference in the
16 court action"? 16 meanings of the language and that this language
17 A. Our position is yes. 17 complied with those requirements.
18 Q. "May have" and "you do have," Bank 18 Q. So no distinction, no difference
19 of America views those as exactly the same? 19 between "you have the right to reinstate" or
20 A. Again, I mean, our position is that 20 "you may have the right to reinstate," or "you
21 this breach letter complied with Paragraph 22, 21 have the right to bring a court action" or "you
22 so that was in -- that language was in 22 may have the right to bring a court action";
23 compliance with Paragraph 22. 23 that's Bank of America's position?

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1 A. As I understand it, yes. 1 -- any of the form language as we discussed,


2 Q. Okay. How did you come by that 2 this is a template, any of that language to
3 understanding? 3 where we have discussed or I have not seen any
4 A. My only understanding of our letters 4 analysis or discussions internally about
5 are that -- is that we wrote them with the 5 mistakes. And so I don't believe that our
6 intention to comply, and so our position is that 6 position is there is a mistake in that language.
7 that's -- is the language that would work to 7 Q. And how did you determine that Bank
8 comply with the clause, the Paragraph 22, so I 8 of America's position is that in all the breach
9 don't under -- so we wouldn't have drafted 9 letters they complied with Paragraph 22? Did
10 something if we intentionally believed it not to 10 somebody tell you that? Did you read a memo?
11 comply. It was -- the intention was to always 11 Do you just -- you deduced that that's the case?
12 comply with Paragraph 22. 12 I'm trying to figure out how you came by that
13 Q. And I appreciate you telling me 13 premise that you're starting with.
14 about the intention. But regardless of 14 A. I have not seen in all of the
15 intention -- let me just ask you this, we'll 15 hundreds if not thousands of cases that I have
16 take it outside Paragraph 22: Is it possible at 16 been involved in with the bank, I have not seen
17 any time in the history of Bank of America even 17 or heard any discussions internally where we're
18 with the best of intentions that Bank of America 18 saying this isn't right or that the language is
19 has made a mistake? Has that ever happened? 19 bad. And I know that there's been allegations
20 A. Yes. 20 that way but that's not anything internally that
21 Q. And Bank of America, being a good 21 we agree with.
22 corporate citizen, when it makes a mistake and 22 We believe that these letters comply
23 it realizes that that's hurt a consumer, then it 23 and then having seen the policies and knowing

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1 tries to fix that problem; right? 1 the intention of these letters are to comply
2 A. Yes. 2 with the Paragraph 22 language.
3 Q. Yeah. I mean, that's what good 3 Q. What policies have you seen? I
4 corporate citizens do; right? 4 don't think I've gotten any policies and
5 A. Uh-huh. 5 procedures from you, so tell me what policies
6 Q. And if they realize they have made a 6 you're talking about.
7 mistake, they apologize for that, don't they? 7 A. I have seen or I have -- at some
8 A. Yes. 8 point, I don't believe I reviewed it in
9 Q. And if Bank of America realizes it's 9 anticipation of this deposition, but in the
10 made a mistake and it's harmed a consumer, it 10 past, I've looked at policies regarding the
11 doesn't say, "Well, let's do nothing and see if 11 sending of the notice of intent to accelerate
12 the consumer catches us," it says, "We made a 12 and how it's generated and the things of that
13 mistake. Let's go fix that"; right? 13 nature.
14 A. Yes. 14 Q. How do you access that policy? Do
15 Q. Okay. So the fact that Bank of 15 you have to go check out a physical binder? Can
16 America has an intention with these breach 16 you look on your computer? How do you get
17 letters to always comply with the mortgage does 17 access to that?
18 not mean that all the letters comply with the 18 A. I have access to a portal where the
19 mortgage? It's possible Bank of America made a 19 policies and procedures are contained. I
20 mistake; right? 20 believe that they are mortgage related or not --
21 A. I have not seen anything where we -- 21 Q. Okay.
22 Bank of America believes that they made a 22 A. -- or servicing related. I don't
23 mistake on any of their breach letters with the 23 believe -- I'm not sure if I have access to the

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1 entirety of the policies and procedures -- 1 needed them for over a significant chunk of
2 Q. But at least -- 2 time, that would actually -- that could take
3 A. -- for all lines of business for 3 weeks since they're archived. They're not all
4 Bank of America. 4 -- or longer.
5 Q. But at least the servicing you have 5 Q. You have some department that
6 access to? 6 handles the archives, don't you?
7 A. Yes. 7 A. I'm exactly -- I'm not exactly sure
8 Q. And that's easy, there's a table of 8 how I would reach out if -- to find all of the
9 contents or search function, somehow you can go 9 archive versions of the policies or procedures.
10 in there and find out about breach letters; 10 Q. Okay. I'm going to show you what I
11 right? 11 will mark as Defendants' Exhibit 3,
12 A. I can, yeah, form a search for those 12 Bates-stamped Bank of America 471 and 472.
13 policies. 13 (Defendants' Exhibit 3 was
14 Q. It's not unduly burdensome to find 14 marked for identification.)
15 those policies and procedures, is it? 15 Q. Do you recall reviewing this letter?
16 A. It's -- it can be depending on what 16 A. I'm sure I did. It's part of --
17 exactly you're looking for and whether the first 17 I've reviewed the production --
18 -- how it comes up and then to look at how 18 Q. Okay.
19 they've changed over time and so it can be 19 A. -- and so --
20 difficult. 20 Q. I think everything we'll look at
21 Q. So if I ask somebody to go find me 21 will be documents that were produced to us, so
22 those policies and procedures, would it take 22 you would have seen it.
23 them weeks and weeks of working 40 hours a week 23 So this is a breach letter dated

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1 or does it take them, like, 20 minutes if it's a 1 April 16, 2009; correct?
2 slow search? 2 A. Yes.
3 A. I don't know how -- it would depend 3 Q. And I'm assuming your answers would
4 on, I guess, what is being looked for and what's 4 be the same as far as going to that third
5 needed. 5 paragraph where it says "will be accelerated" in
6 Q. How long would it take you to find 6 bold?
7 the policies and procedures at Bank of America 7 A. I see it on this document.
8 for the contents of a breach letter? 8 Q. Okay. So, in terms of whether that
9 A. I'm -- I'm not sure it would -- I'm 9 complies with Paragraph 22, you have an overall
10 not sure that that policy exists. I have never 10 position that everything Bank of America did in
11 had to look for the contents of the breach 11 the breach letter complies, but beyond that you
12 letter, just sort of the overall how they're 12 have no opinion; is that right?
13 sent and the intention or that kind of high 13 A. That's correct.
14 level -- 14 Q. Okay. And same ting about the next
15 Q. Okay. How long would it take you 15 paragraph when it says, "You may, if required by
16 sitting at your computer to pull me the policies 16 law or your loan document, have the right to
17 and procedures related to the intention of 17 cure the default after the acceleration." You
18 sending a breach letter? 18 have no opinion about whether that complies with
19 A. I'm not sure. 19 Paragraph 22 other than somewhere you read in
20 Q. Take you days, weeks or minutes? 20 the policies and procedures about the breach
21 A. I mean, it could take hours or so 21 letters, that the intention is to comply?
22 depending on, like, the time frame. And I don't 22 A. Correct. And it's not even
23 have access to all the archives. So if you 23 necessarily in a policy or procedure about the

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1 breach letter; it's just in general we comply 1 Q. And you and I agree that simply
2 with all of the, you know, paragraphs in the 2 because Bank of America or Countrywide or any
3 mortgage. It's not a -- I mean, that's our kind 3 company has the intention to comply does not
4 of -- 4 mean that they have, in fact, complied?
5 Q. Is that an unwritten policy or is 5 A. I mean, I guess it would be up to
6 that a written policy? 6 the courts to decide if they did or did not
7 A. I'm not sure if I've ever seen it 7 comply. Our -- we believe that we did comply.
8 written. I just know that that's what we 8 Q. No, I understand.
9 believe and what we do is comply -- we -- we 9 A. Correct.
10 want to comply with everything. And so we -- 10 Q. You've made that clear. Let's go to
11 we're not trying to, you know, dodge or get in 11 the payments. It gives an order that payments
12 trouble with federal or state laws or, you know, 12 are to be processed. And if Bank of America,
13 we want to do every -- you know, comply with 13 with the greatest of intentions, said, "We're
14 everything that we need to do in order to, you 14 going to follow that" but they got it reversed,
15 know, service these loans. 15 you would agree that that would be a mistake
16 Q. Including following the mortgage; 16 despite great intentions?
17 right? 17 A. Yes.
18 A. Yes. 18 Q. And it would be in violation of what
19 Q. Okay. And then if you look toward 19 the mortgage says; right?
20 the bottom of that paragraph, it says, "Further, 20 A. Yes.
21 you may have the right to bring a court action 21 Q. Despite intentions?
22 to assert the nonexistence." Same answer, 22 A. Yes.
23 there's a policy to comply with the mortgage and 23 Q. And, again, on the intentions,

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1 so you assume that language complies with the 1 you've never read that anywhere, this is just
2 mortgage? 2 sort of everybody understands at Bank of America
3 A. Yes. 3 that our intention is to comply with the
4 Q. Okay. Even though Paragraph 22 says 4 mortgage?
5 nothing about it's possible or perhaps or maybe 5 A. I cannot think of or recall whether
6 or it's likely that you have the right to do the 6 I have read that or whether it's something I
7 -- it just says you have the right to bring a 7 understand to be -- you know, something that's
8 court action but you feel that Defendants' 8 been part of my training, part of the, you know,
9 Exhibit 3 complies with Paragraph 22; correct? 9 overall discussions or intention -- you know,
10 A. I have no reason to believe it 10 with the different things that I've reviewed or
11 doesn't comply. It seems that -- I understand 11 read I -- it's our, sort of, position or
12 our intentions -- I will state that this is, you 12 philosophy that we are -- we comply.
13 know, a predecessor entity and to the extent 13 Q. In all your time at the bank, have
14 that they -- you know, I know -- I understand 14 you ever seen an instance or more than one
15 and I know what Bank of America, N.A.'s current 15 instance even where Bank of America did not
16 intention since -- and since -- and what they 16 comply with the mortgage?
17 were doing since -- with Bank of America, N.A., 17 A. I can't think of anything off the
18 I'm not sure, you know, if we're going back to 18 top of my head where I would think that we
19 2009 that I've ever reviewed what Countrywide's 19 didn't -- I know that there's allegations that
20 position but I would have no reason to believe 20 we didn't, obviously, all the time, but I can't
21 that they would not also want to and be 21 think of one where I thought that personally --
22 intending in these letters to be complying with 22 that I personally was like, "Oh, no. We didn't
23 Paragraph 22. 23 do the right -- didn't do something that it says

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1 we have to do in here." 1 that the allegations are found to be true. I


2 Q. And I'm going to put aside for just 2 just haven't -- personally haven't thought of it
3 a moment allegations. I'm talking about as 3 that way.
4 corporate representative of Bank of America, and 4 Q. I think there have been some big
5 I'm not asking you whether you remember the 5 national settlements with various governmental
6 specific name, I'm just saying has there ever 6 agencies involved in that; right?
7 been a time when you saw that Bank of America 7 A. Right. I haven't been involved in
8 did not comply with the mortgage? 8 any of those and so I don't really know -- and a
9 A. Again, I don't think I have -- 9 lot of those are settlements so I'm not really
10 Q. Okay. 10 sure of where -- I just haven't read them, so I
11 A. -- personally, but I -- I just don't 11 don't really know what our position or what the
12 think I have. I don't think I have seen it. 12 facts and whether we agree.
13 Q. Have you ever seen a time where Bank 13 Q. Let me show you what I will mark as
14 of America did not comply with state law 14 Defendants' Exhibit 4.
15 regarding mortgages? 15 (Defendants' Exhibit 4 was
16 A. I'm not sure. Again, I don't 16 marked for identification.)
17 really, you know, make -- I'm not in the 17 Q. This is Bates stamped 475 to 476.
18 compliance department or department where we're 18 This is dated May 18, 2009. And it looks like
19 looking at that kind of stuff. And to the 19 -- well, you tell me, is this that BAC Home Loan
20 extent that I see things, I'm seeing it in -- 20 Servicing, that's now who's sending the letters
21 with regards to allegations and I'm not -- I 21 rather than Countrywide?
22 don't really look to see whether they are true 22 A. Yes.
23 or not. 23 Q. Okay. And then this entity became a

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1 Q. Well, you investigate the 1 part of Bank of America; is that right?


2 allegations? 2 A. Yes. And at the time that this
3 A. I investigate the facts, and I -- we 3 letter was being sent, BAC Home Loan Servicing,
4 leave it up to our attorneys to interpret, you 4 LP, was a wholly owned subsidiary of Bank of
5 know, and to make decisions as to whether or not 5 America, N.A.
6 the allegations are true. So that's -- my 6 Q. So if I'm looking at this correct,
7 position is more just reviewing books and 7 it looks like this has the exact same language
8 records to see and give -- provide information 8 as the previous two exhibits. It's got the
9 so others can make decisions about whether the 9 "will be accelerated" in bold. Do you see that
10 allegations or whether they're seeing mistakes 10 under the dollar amount?
11 or not. 11 A. I do.
12 Q. So with respect to state law, you've 12 Q. And then the next paragraph talks
13 not seen any of that. How about with respect to 13 about, "You may, if required by law or your loan
14 federal law? Have you ever seen an instance 14 documents, have the right to cure the default
15 where Bank of America has violated the federal 15 after the acceleration." And then later, "You
16 law in servicing a mortgage? 16 may have the right to bring a court action to
17 A. My answer would be the same. I 17 assert nonexistence." The same as what we've
18 don't -- I'm really more just pulling the 18 looked at before; correct?
19 records and moving them -- reporting them on. I 19 A. Yes.
20 can't think of a time off the top of my head 20 Q. And your answers would be the same
21 where I've seen that kind of stuff. But, 21 if I asked you the same questions?
22 obviously, not all -- I don't think we win -- we 22 A. Yes.
23 don't win every case, so at some point I'm sure 23 Q. And I don't mind asking you the

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1 questions, but if they're going to be the same, 1 to that?


2 then we'll move on. 2 A. Yes.
3 A. They're going to be the same. 3 Q. Now, I want you to look at the next
4 Q. I will mark as Defendants' Exhibit 5 4 paragraph or actually -- yeah. Let's look at
5 this is Bates-stamped 2,118 to 2,148. 5 the next paragraph. At the bottom of that
6 (Defendants' Exhibit 5 was 6 paragraph it says, "Further, you have the right
7 marked for identification.) 7 to assert in the foreclosure proceeding," what
8 Q. And if you look at the top page, 8 is the foreclosure proceeding?
9 this is in response to a request for 9 A. It would be if there were a
10 information. Are you involved in that part of 10 foreclosure proceeding in a court.
11 Bank of America if somebody does a request for 11 Q. Okay.
12 information or notice of error or qualified 12 A. So this -- if it were a judicial
13 written request? 13 foreclosure.
14 A. No. 14 Q. Okay. And does that happen in
15 Q. But you can see here in the third 15 Alabama where Bank of America does judicial
16 paragraph it says, "As requested, enclosed are 16 foreclosures?
17 copies of the following documents" and it says 17 A. I would have no reason to believe
18 statements and then notices of intent to 18 that we could not if we chose -- if we elected
19 accelerate, which is what you and I have been 19 to proceed with a judicial foreclosure in
20 calling a breach letter; right? 20 Alabama.
21 A. Yes. 21 Q. Okay. And what's the basis of that
22 Q. Okay. So if you will turn to Bates 22 statement?
23 2,121; and this is a letter dated October 16, 23 A. Training that I've received that my

Page 95 Page 97

1 2012 -- 1 understanding is we cannot proceed -- that


2 A. (Witness complies.) 2 there's judicial and nonjudicial states and then
3 Q. Do you see that? 3 I think there's sort of a quasi judicial. And
4 A. Yes. 4 that in judicial states we may not proceed
5 Q. Okay. And very similar to what we 5 nonjudicially, but that in nonjudicial states
6 looked at before, I think at this point it's no 6 unless, you know -- and, again, you know, just
7 longer BAC, it looks like it's just Bank of 7 overall that we may chose instead to go to court
8 America? 8 and do a judicial proceeding.
9 A. Yes, that's correct. 9 Q. And so when it says in this letter
10 Q. Which is -- you tell me, this does 10 "foreclosure proceeding," that's talking about a
11 not necessarily mean Bank of America is now the 11 judicial foreclosure?
12 investor; it could just be Bank of America is 12 A. I would interpret it to mean that,
13 servicing under that name of Bank of America? 13 yes. I don't understand -- I wouldn't
14 A. Yes. And, in fact, given the date 14 understand how else they could assert something
15 and what we had discussed before, we would not 15 in a nonjudicial.
16 have been the investor at this time. 16 Q. And so if you back up to that
17 Q. Okay. Certainly the servicer then? 17 paragraph where it's not the bolded "will be
18 A. We were the servicer, yes. 18 accelerated," if we keep reading that it just
19 Q. And do you see the third paragraph, 19 says, "will be accelerated with full amount
20 again, it's got bolded "will be accelerated"? 20 remaining accelerating becoming due and payable
21 A. Yes. 21 in full and foreclosure proceedings will be
22 Q. Okay. It's the same thing we've 22 initiated at that time." Is that talking about
23 talked about before, you'd have the same answer 23 a judicial foreclosure?

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1 A. I believe that that would be more 1 Q. Okay. Look at, I believe, it's
2 along the lines of the foreclosure would be 2 Defendants' Exhibit 3; it's the May 18, 2009,
3 begun and however it happens in the state that 3 letter. You should have it over there. Do you
4 it happens in. There's always the first filing 4 see that one, May 18, 2009?
5 or whatever triggers the -- that's what it's 5 A. That's Exhibit 4.
6 stating, that the proceedings however we proceed 6 Q. Four. I'm sorry.
7 are going to be started at that time. 7 A. May 18, 2009; it's Exhibit 4.
8 Q. So when it says "foreclosure 8 Q. Okay. So if you look at that and
9 proceedings" in that third paragraph, it means 9 you see kind of as our guide that's got bolded
10 one thing. And then the next paragraph when it 10 "will be accelerated." If you look at the very
11 says "foreclosure proceedings" it means 11 next paragraph that's where it talks about
12 something different? 12 having the right to cure the default after
13 A. Well, if you read on in that later 13 acceleration. And then the very next sentence
14 paragraph, it talks -- it has foreclosure 14 says, "However, BAC Home Loan Servicing and the
15 proceedings and/or the right to bring a court 15 note holder shall be entitled to" blah, blah,
16 action. So it's, you know, kind of -- again, 16 blah. Now, look at the October 16, 2012,
17 it's -- it's covering the bases for both the 17 letter.
18 judicial and a nonjudicial in the same sentence. 18 A. Okay.
19 Q. And does it say you have the right 19 Q. You can see the however language but
20 to bring a court action? 20 the sentence before it is gone. Do you see
21 A. Yes. 21 that? Take your time in looking.
22 Q. Or does it say you may have the 22 A. Okay. Yeah.
23 right to bring a court action? 23 Q. Why is it gone?

Page 99 Page 101

1 A. It states "may have," but I don't 1 A. I don't know.


2 understand the distinction. 2 Q. Does this look like a mistake that
3 Q. You know one thing we haven't talked 3 Bank of America made?
4 about in this letter is the reinstatement 4 A. I don't know. And I don't have
5 language. Will you find me the reinstatement 5 enough information to know -- it does not appear
6 language in this Defendants' Exhibit 5? Take 6 -- from my understanding of our belief and
7 your time and read it. 7 understanding on these letters, we believed it
8 A. Wait. I'm not sure I understand 8 to comply with the Paragraph 22 language, and
9 what you mean by "reinstatement language." 9 so --
10 Q. No, that's fine. So let's go back 10 Q. So Paragraph 22 says that "You shall
11 to Defendants' Exhibit 1, Paragraph 22. About 11 further inform borrower of the right to
12 the middle of the paragraph when it's talking 12 reinstate after acceleration." There's nothing
13 about this breach notice, it says, "The notice 13 in this Defendants' Exhibit 5, October 16, 2012,
14 shall further inform borrower of the right to 14 letter that says anything about reinstatement
15 reinstate after acceleration." So I'm asking in 15 but you still believe that it complies with
16 Defendants' Exhibit 5 where does it say that? 16 Paragraph 22?
17 A. I'm -- I'm not sure. 17 A. Yes.
18 Q. You don't see it in here, do you? 18 Q. What would have to be missing from
19 A. I'm not seeing a -- that exact 19 one of these breach letters for you to say, "You
20 language, no. 20 know, that does not comply with Paragraph 22"?
21 Q. You don't see any language that's 21 A. The only -- I'm not sure.
22 like it or similar to it even if not exact? 22 Q. What if it didn't say the -- what
23 A. I -- I'm not, no. 23 the default was, would that still comply with

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1 Paragraph 22? 1 October 16, 2012, letter?


2 A. I would believe that it would be a 2 A. Again, I'm saying I don't -- as I
3 mistake that would have been corrected prior to 3 answered before, I don't see it.
4 -- so that to the extent that if it did not 4 Q. Right. It's not in here. And my
5 contain that information on a one-off letter or 5 question to you is: Is that a mistake? And I
6 the information was, you know, garbled or 6 think your response was what?
7 somehow not -- that that would be corrected by 7 A. That the -- it was not a mistake in
8 issuing a new breach letter or notice of intent 8 the -- for this particular letter.
9 letter. 9 Q. Okay. So this letter was exactly as
10 Q. I thought we'd -- and maybe I 10 Bank of America designed it to be?
11 misunderstood, I thought when we were talking 11 A. Yes.
12 about breach letters we said that there really 12 Q. Okay. Now look over to
13 are no one-off letters. Even if a human being 13 Bates-stamped 2127.
14 does whatever they have to do to create a 14 A. Okay.
15 letter, it still is going to use the exact same 15 Q. This is a March 21, 2013, letter.
16 language from the template and the computer 16 Do you see that?
17 system will pull in all of the data fields to 17 A. Yes.
18 populate that template. Am I right about that? 18 Q. And take however long you need to
19 A. Yes. 19 read it, but you'll notice it's got that "will
20 Q. Okay. So, why would a one-off 20 be accelerated" bolded. Do you see that?
21 letter exist and why would it leave out a 21 A. I do.
22 crucial term? 22 Q. And your answer would be the same
23 A. It's not that, it was that if the 23 about that?

Page 103 Page 105

1 number was somehow not correct or there was a 1 A. Yes.


2 mistake that day in the running of that 2 Q. And if I asked you the same
3 particular entry, somehow something got off and 3 questions about what foreclosure proceedings
4 so that the letter would -- the total due was 4 mean in that paragraph and then the next
5 either not what was actually totally due or if 5 paragraph that starts off with however, your
6 there was some sort of, you know, nonsense 6 answers would be the same?
7 characters or somehow the computer didn't pull 7 A. Yes.
8 it correctly, that's what I mean about one-off 8 Q. And, again, this idea of "you may
9 situations. I'm not talking about the template 9 have the right to bring a court action," you
10 itself being issued or the data can -- for the 10 view that to be fully in compliance with
11 specific loan contained within, if that was bad, 11 Paragraph 22 when it says "you have the right to
12 then that's how -- that would be something that 12 bring a court action"?
13 I could see as a mistake. 13 A. Yes.
14 Q. This October 16, 2012, letter 14 Q. Okay. And take your time and look
15 Bates-stamped 2121, does it appear that the 15 at this and tell me if there's any reinstatement
16 reinstatement language was garbled or we got a 16 language as Paragraph 22 says shall be there.
17 bad copy? Or does it appear that it's missing? 17 A. I'm not seeing that language.
18 A. The amount to reinstate is on -- is 18 Q. Even though it's missing, you still
19 contained in this document. 19 feel that this March 21, 2013, letter is in
20 Q. No. I'm talking about Paragraph 22 20 compliance with Paragraph 22?
21 says, "The notice shall further inform the 21 A. Yes.
22 borrower of the right to reinstate after 22 Q. Flip over to Bates Number 2133.
23 acceleration." Where is that language in the 23 A. (Witness complies.) Okay.

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1 Q. This is a breach letter May 16, 1 Q. Okay. And the fact that this says
2 2014. 2 "you may have the right," you believe that's
3 A. Okay. 3 fully in compliance with Paragraph 22?
4 Q. And, again, just to kind of get our 4 A. Yes.
5 bearings, if you look at the bottom paragraph, 5 Q. Okay.
6 it's not in bold but it still says, "will be 6 MR. WATTS: We will take a break.
7 accelerated." Do you see that? 7 THE VIDEOGRAPHER: This ends
8 A. I do. 8 Videotape Number Two of the deposition of
9 Q. Okay. And your answers would be the 9 Jessica Woodbridge. The time is now 12:33 p.m.
10 same on this? 10 (A short recess was taken.)
11 A. Yes. 11 THE VIDEOGRAPHER: This marks
12 Q. And then if you turn to the next 12 beginning of Videotape Number 3 of the
13 page, 2134, the second paragraph the 13 deposition of Jessica Woodbridge. The time is
14 reinstatement language is back in, isn't it? 14 now 12:36 p.m.
15 A. I see the -- that it says about the 15 Q. (By Mr. Watts:) We will just go a
16 right to cure, the default and reinstate after 16 little bit longer and then take a break and then
17 accelerate, yes. 17 come back. So continuing with that same exhibit
18 Q. And then you see the next sentence, 18 that you have in front of you, if you go to
19 the one that we saw in the previous two where it 19 Bates 2412, you will see a September 15, 2014,
20 just starts off with however. Do you see that? 20 letter.
21 A. I do. 21 A. Okay.
22 Q. Now, seeing this letter dated May 22 Q. I've gone through the documents. As
23 16, 2014, and it has the reinstatement language 23 far as I know, this is the last breach letter.

Page 107 Page 109

1 back in it, does that change your opinion about 1 I know you said you've reviewed the documents.
2 whether the previous two letters were accurate 2 Is there any other breach letter that you know
3 or inaccurate? 3 about other than what we've looked at?
4 A. It doesn't change my opinion. 4 A. From my recollection, this is the
5 Q. Okay. And the fact that this 5 operative breach letter, the last letter.
6 language says, "You may have the right to cure 6 Q. Okay. And so "operative" meaning
7 the default and reinstate your loan after 7 this is the letter that the acceleration and
8 acceleration," you view that as being fully in 8 then ultimately the foreclosure was built on?
9 compliance with Paragraph 22? 9 A. Yes.
10 A. Yes. 10 Q. Okay. And so we'll actually turn to
11 Q. And the same thing about if you look 11 the next, Page 2143. And this will be similar
12 later in that paragraph it says, "Further, you 12 to what we just looked at. It says, "If
13 may have the right to bring a court action." Do 13 required by law or your loan documents, you may
14 you see that? 14 have the right to cure the default and reinstate
15 A. I do. 15 your loan after acceleration of mortgage
16 Q. Okay. So there's no longer the 16 payments." What does that mean, "required by
17 language about a foreclosure proceeding, is 17 law"? Bank of America put this in a letter to
18 there? 18 my clients telling them if required by law, they
19 A. That's correct. 19 may have the right to cure the default and
20 Q. Do you think that those previous 20 reinstate the loan after acceleration, what does
21 letters that says foreclosure proceeding, those 21 that mean?
22 were simply a mistake? 22 A. What it states, that if there's a
23 A. No. 23 state or federal law that requires -- regardless

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1 of what the loan documents may have, because, 1 Q. Fair enough.


2 again, not all of the loan documents are going 2 A. -- it has both of them in there.
3 to necessarily -- although this is a uniform 3 Q. I'll tell you what, we will make it
4 instrument, not all of them are going to use 4 clear for the record. "If required by law or
5 that uniform instrument. And so my 5 your loan documents, you may have the right to
6 understanding is just if -- this is to state 6 cure the default, reinstate your loan after the
7 that if the state -- if there's a state, local 7 acceleration of the mortgage payments and before
8 or federal law that requires regardless of the 8 the foreclosure sale of your property. If all
9 loan documents, and that the homeowner has the 9 amounts due or past due are paid within the time
10 right to cure that that's -- that they don't 10 permitted by law." Did I read the sentence
11 need to look to the loan documents. 11 correctly?
12 Q. So for the Barnes in getting this 12 A. Yes.
13 letter, did state, local, county, city, whatever 13 Q. Okay. So the Barnes get this. What
14 other type of law, federal law, did it require 14 does that mean "if required by law"?
15 or did it allow that they have the right to cure 15 A. Simply what it states is if there's
16 or to reinstate after default? 16 some sort of law there that other -- that there
17 A. I don't know about -- I don't know 17 otherwise would not be allowed under their loan
18 about Alabama laws. 18 documents, which in this case their loan
19 Q. So this is a letter sent to 19 documents do permit them to cure the default and
20 nonlawyers, homeowners in Alabama saying, "Hey, 20 reinstate the loan after acceleration, if they
21 go look at the law and figure it out" rather 21 were to present us with a check with the
22 than Bank of America telling them; is that 22 reinstatement, we'd have to accept it regardless
23 right? 23 of whether it was in their loan documents or

Page 111 Page 113

1 MR. GERHARDT: Object to form. 1 not. That's all it's stating is that if they
2 A. I don't believe that that's what 2 came to us and asked to reinstate, we could not
3 that's stating, no. 3 say no --
4 Q. (By Mr. Watts:) Okay. You're a 4 Q. Is that because --
5 lawyer and you don't know what the law requires 5 A. -- if it was before the foreclosure
6 for the Barnes; right? 6 sale.
7 A. That's correct. 7 Q. I'm sorry. Is that because of the
8 Q. Okay. So you said that -- my 8 mortgage or because of state, federal, local
9 previous question that I didn't get this right 9 law?
10 about what this says, so tell me what this 10 A. In the Barneses' situation, it would
11 means. When the Barnes are told, "if required 11 be because of their mortgage, whether that their
12 by law, you may have the right to cure the 12 -- like if it -- and so it could be in other
13 default and reinstate your loan after the 13 individual circumstances that the state or
14 acceleration," what does that mean? 14 federal law would require that we accept
15 A. It states if required by law or your 15 reinstatement. So I'm just not that familiar
16 loan documents, I don't know if you said that 16 with it. I can state that there was no check in
17 part or not. 17 this -- they never presented us with a check in
18 Q. Right. I'm sorry. We're just 18 this particular loan.
19 focusing on the law, then we will focus on the 19 Q. So as a corporate representative of
20 loan documents. 20 Bank of America, you have no knowledge of any
21 A. Okay. But, I mean, it's hard to 21 law -- I'm just focusing on the law right now --
22 separate. The sentence itself does not state 22 any law that would give them this "you may have
23 that it says -- 23 the right to cure the default and reinstate your

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1 loan"? It would just be the loan documents in 1 A. Or --


2 the Barneses' case; is that right? 2 Q. So beyond just that policy that Bank
3 A. I just don't think that the law 3 of America did everything right so therefore it
4 would matter in this particular case. In their 4 must be right, you think that what's in this
5 case, the loan documents do give them the right 5 September letter matches what's in Paragraph 22?
6 to reinstate so they -- we -- there would be no 6 A. Yes.
7 need to look and to do any research, so I did 7 Q. Okay. There's no doubt about it?
8 not perform any research as to whether or not 8 A. I personally -- no. If you're
9 there's any federal laws or state laws or 9 asking for my personal opinion, I believe it to
10 anything -- other types of laws that require us 10 be the same or to be in compliance with the
11 to accept a reinstatement. 11 Paragraph 22.
12 Q. So did they have the absolute right 12 Q. You don't view it as watering it
13 to reinstate under the mortgage, or was it 13 down or making it more confusing or ambiguous?
14 possible that they could reinstate under the 14 A. I don't, no.
15 mortgage? 15 Q. Okay. You don't think it puts a
16 A. I think the language in the mortgage 16 burden on the borrowers to go check the law or
17 states what it states. 17 say, "Hey, go read your loan documents. Maybe
18 Q. What is that? 18 you have the right to reinstate"?
19 A. It states that "The notice shall 19 A. No.
20 further inform the borrower of the right to 20 Q. That's the same thing "you shall
21 reinstate after acceleration," so they -- it 21 tell them you have the right to reinstate"?
22 appears -- it's -- that this is informing them 22 A. In my mind, yes, that's the same
23 of that right in the loan documents. 23 that there's -- that they're the same or it's

Page 115 Page 117

1 Q. So this letter dated September 15, 1 the -- in compliance.


2 2014, when it says to the Barnes, "if required 2 Q. And the same thing about you may
3 by law or your loan documents, you may have the 3 have the right to bring a court action, which is
4 right," your testimony as corporate 4 what the September letter says, that in your
5 representative of Bank of America that that is 5 mind and as the corporate representative is the
6 the exact same thing as shall inform -- "further 6 exact same thing as Paragraph 22 saying "Tell
7 inform borrower of the right to reinstate"? 7 the borrower they have the right to bring a
8 A. Yes. 8 court action"?
9 Q. Okay. And is there any basis for 9 A. Yes.
10 that statement in your mind other than the fact 10 Q. What's the purpose of that language
11 that the policy at Bank of America is to always 11 about bringing a court action?
12 follow the mortgage? 12 A. It's so since this is a nonjudicial
13 A. That's the basis of the reason that 13 state, there is no court action that they can
14 I answered that. I can't speak to whether I -- 14 just file an answer to, and so they -- the
15 what I personally -- I mean, I -- you know, I 15 homeowners would need to make a -- take an
16 don't want to -- as a corporate representative, 16 affirmative step to bring a court action. They
17 I'm here as a corporate representative not as 17 would need to file something on their own.
18 personally to interpret this. 18 Q. Given what you just said, doesn't it
19 Q. Well, you can still give me your 19 make sense that if you tell a borrower, "You
20 personal. 20 have the right to bring a court action," that's
21 A. Well, I personally believe it to be 21 different than saying, "You may can bring a
22 the same, so. 22 court action"?
23 Q. Okay. 23 A. I'm not seeing the difference. I

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1 think that it's something that they -- I'm just 1 A. I understand one that was done in
2 not seeing the difference. 2 2016 was part of an ADA project, which I -- I
3 Q. What if it said it's possible you 3 would read or understand to mean the Americans
4 could bring a court action, do you think that's 4 with Disabilities Act. And then in 2018, I'm
5 the same? 5 not exactly certain of the change.
6 A. Yes. 6 Q. Okay. Would that be the breach
7 Q. What if it says, "Look, it's 7 department that would know that?
8 unlikely you could bring a court action. Maybe 8 A. Yes.
9 you can, but it's unlikely," would that be the 9 Q. The breach letter, whatever that's
10 same? 10 called?
11 A. It's -- I can't really speculate. 11 A. Yes.
12 I've never seen it in any of the breach letters, 12 Q. Putting aside any ADA issues, which
13 that language. 13 I don't know anything about that, is it your
14 Q. I understand. 14 view as a corporate representative of Bank of
15 A. Uh-huh. 15 America that the letter that we saw, the
16 Q. I'm asking you if you saw that, 16 September 2014 letter, that that fully complied
17 would you say, "No, that's the same as Paragraph 17 with the mortgage?
18 22"? 18 A. That is our position and our belief,
19 A. I'm not certain. I can't speculate. 19 yes.
20 Q. It would give you some pause, 20 Q. And so if there were changes made to
21 wouldn't it? Since Paragraph 22 says you tell 21 the template, they would not be made in order to
22 them about the right and if the breach letter 22 comply with the mortgage because your position
23 said it's unlikely you could do this, maybe you 23 is you've always complied with the mortgage?

Page 119 Page 121

1 can, that would give you some serious pause 1 A. Yes.


2 about whether that complies, wouldn't it? 2 Q. Right. Going back to when it was
3 A. Yes. 3 Countrywide sending the breach letters, those
4 Q. Okay. If y'all are good, I think 4 complied with the mortgage as well?
5 everybody wants to take a break. Let's take a 5 A. Yes.
6 break. 6 Q. Let me show you what I'll mark as
7 THE VIDEOGRAPHER: We are off the 7 Defendants' Exhibit 6 and it's Bates Number 918
8 record. The time is 12:49 p.m. 8 to 949.
9 (The lunch recess was taken.) 9 (Defendants' Exhibit 6 was
10 THE VIDEOGRAPHER: We are back on 10 marked for identification.)
11 the record. The time is 1:40 p.m. 11 Q. And these appear to be a series of
12 Q. (By Mr. Watts:) All right. Well, we 12 letters between Bank of America and this Reliant
13 will get started back here. The last exhibit we 13 Law Center. I don't know if you recall
14 looked at had that series of breach letters 14 reviewing these letters when you went through
15 ending in, I think, September of 2014. What 15 the documents?
16 does the breach letter say today in Alabama? Is 16 A. Yes.
17 it the same as it was back in 2014 or has it 17 Q. So let's take a step back. When a
18 been modified? 18 third party wants to speak to Bank of America on
19 A. I'm not sure of the changes, but I 19 behalf of a borrower, what is that called
20 understand the template has been modified twice 20 internally? Is that a third-party
21 since the 2014 letter was sent. 21 authorization, or do you have some other name
22 Q. What's your understanding of the 22 for it?
23 modifications that were made? 23 A. In order to become an authorized

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1 third party, they would need -- we would need to 1 have no information that would indicate his --
2 have borrower authorization, so I'm not sure 2 where Jack Barnes actually lives.
3 what we would exactly call it, but authorization 3 Q. Okay. At least the property address
4 on it or -- 4 is in Jefferson County, Alabama; right?
5 Q. Okay. I'm just going to call it 5 A. Yes.
6 that. So when you have a third party that's 6 Q. Okay. And so this says, "This is to
7 authorized, then does that authorization last 7 confirm we have removed Reliant Law Center to
8 indefinitely or does it last only 90 days or how 8 having access to information regarding your
9 does that work? 9 account"; correct?
10 A. I would believe it would -- to 10 A. That's what it states, yes.
11 depend on the authorization as given. I know 11 Q. And so this would be a template-type
12 that sometimes the homeowner would provide an 12 letter; right?
13 authorization that would only last as long as 13 A. Yes.
14 the phone call. So they're the ones -- the 14 Q. Okay. And so the letter that says
15 homeowners and the borrowers are the ones to 15 Reliant Law Center is not going to have access
16 determine the length of time of authorization. 16 to your account, where was that letter sent to?
17 I don't -- I believe other -- unless they 17 A. It would have been sent to the
18 otherwise specify or it's -- it would be an 18 address on the left-hand side, the care of
19 unlimited authorization unless the homeowner 19 Reliant Law Center the one in San Diego,
20 says that it's only for a particular period of 20 California.
21 time. 21 Q. So why would Bank of America have
22 Q. And if the homeowner contacts Bank 22 sent to Reliant Law Center a letter that says,
23 of America and says, "I don't want that third 23 "Hey, we're no longer going to communicate with

Page 123 Page 125

1 party to be authorized anymore," then -- and 1 Reliant Law Center"?


2 maybe they have to fill out a form but whatever 2 A. I don't know.
3 they do, Bank of America would then communicate 3 Q. Does that look like a mistake to
4 directly with the homeowner? 4 you?
5 A. Yes. 5 A. I -- it's -- it's possible, yes.
6 Q. Okay. And in the same way, a third 6 Q. Why do you have any hesitation about
7 party that has been authorized could reach out 7 saying that it's a mistake?
8 to Bank of America and say, "Hey, we no longer 8 A. I don't know the process for when --
9 want to be authorized to speak for this 9 this authorization letter, so I don't know if
10 particular homeowner"? 10 one of them goes to the Reliant Law Center or
11 A. I believe that that's possible. I 11 the party that's no longer going to be
12 haven't seen it -- I haven't seen anything about 12 authorized to inform them that they're no longer
13 how to do that direction. 13 going to be authorized, so I just don't have
14 Q. Okay. Well, let's look at Page 918, 14 information about this.
15 Bates 918. And this is August 31, 2016. And 15 Q. Well, if one went to the third
16 who is this letter to? 16 party, whether that happens or not, the letter
17 A. To Jack J. Barnes, Jr. 17 should definitely go to the borrower saying,
18 Q. And it's sent care of the Reliant 18 "Hey, the third party is no longer" -- your
19 Law Center; correct? 19 authorized third party, we will be communicating
20 A. Yes. 20 with you; right?
21 Q. Because Jack Barnes doesn't live in 21 A. I believe so, yes.
22 San Diego, California? 22 Q. I mean, it wouldn't make sense to
23 A. I don't believe so, but I really 23 only send it to the third party who no longer is

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1 the third party; right? 1 request." And who is that sent to?
2 A. Yes. 2 A. To Jack D. Barnes care of Reliant
3 Q. Okay. Let's look at Bates 919; it's 3 Law Center.
4 dated September 6, 2016. So it's about six days 4 Q. Now, why would it be sent to Reliant
5 after the previous letter. Who is this letter 5 Law Center when in August of the previous year
6 sent to? 6 Bank of America said we've removed them and then
7 A. To Jack D. Barnes, Jr., care of 7 we just have a fax from Reliant saying don't
8 Reliant Law Center. 8 communicate with us about the Barnes?
9 Q. The same place that authorization 9 A. I don't know.
10 was revoked? 10 Q. Does that look like a mistake to
11 A. Yes. 11 you?
12 Q. So why did it go to Reliant Law 12 A. I have no -- I don't know.
13 Center? 13 Q. Look at Bates 924, see it's a fax
14 A. I don't know. 14 cover sheet dated February 8, 2017, do you see
15 Q. Does Bank of America have a policy 15 that?
16 and procedure to send correspondence to third 16 A. Yes.
17 parties that are not authorized? 17 Q. And that's from who?
18 A. Not as I understand it, no. 18 A. From the -- it's Brittany Tucker.
19 Q. Right. Because that's going to be 19 Q. Okay. And look at the next page.
20 private information, you'd send that directly to 20 So we were looking at the cover sheet. Who is
21 the borrower; right? 21 the actual fax from?
22 A. I don't know. 22 A. The -- it states Reliant Law Center.
23 Q. Well, who would you send it to? 23 Q. And what is this letter saying?

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1 A. I'm -- I'm not sure. 1 A. It is -- states it's a termination


2 Q. All right. Let's look at Bates 921. 2 of representation.
3 This is a fax sheet -- cover sheet dated January 3 Q. Okay. And it says, "The written
4 21, 2017. Do you see that? 4 notices, correspondence, e-mail, telephone calls
5 A. Yes. 5 should be directed to your borrowers." Is that
6 Q. So now we are -- we're, what, five 6 pretty clear?
7 months or so from when the authorization was 7 A. I mean, the doc -- it states what it
8 revoked, is that right, back in August? 8 states.
9 A. Yes. 9 Q. Well, I know it states what it
10 Q. Okay. And so this is a fax from 10 states. And I appreciate you saying that. But
11 Reliant Law Center if you look at the next page, 11 is this pretty clear that Reliant Law Center is
12 Bates BANA 922. This is from Reliant Law Center 12 saying don't talk to us about the Barnes?
13 dated January 21, 2017. And what's the title or 13 A. I'm not sure -- I mean, it's -- yes.
14 the regarding say up at the top? 14 Q. It's not confusing, is it? It's
15 A. Termination of representation. 15 pretty -- pretty straightforward?
16 Q. And then take your time to read it. 16 A. I suppose, yes.
17 But, in essence, it says we don't represent 17 Q. Let's look at Bates Number 926, and
18 these people; communicate directly to them; is 18 this is dated February 11th, 2017. It says, "We
19 that a fair statement? 19 need more time to research your home loan
20 A. Yes. 20 request." And that's sent to Jack D. Barnes
21 Q. So look at Bates 923, this is dated 21 care of Reliant Law Center in San Diego,
22 January 26, 2017. Sort of the big headline is, 22 California; correct?
23 "We need more time to research your home loan 23 A. Yes.

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1 Q. The place that just said, again, 1 letter sent to current resident or current
2 don't send stuff to us, that's who Bank of 2 residence, excuse me, at the 3600 Courtyard
3 America sent this to; right? 3 Lane, which I will represent to you that's the
4 A. It is -- it's stated -- it's sent to 4 Barnes address.
5 the Reliant Law Center. 5 And then look at Bates 933, and this
6 Q. Okay. Let's look at Bates Number 6 is dated February 24, 2017. It says, "We need
7 927, February 15, 2017. Who is this letter 7 more time to research your home loan request."
8 directed to? 8 Who is that sent to?
9 A. To Reliant Law Center. 9 A. To Jack D. Barnes care of Reliant
10 Q. And what is it asking for? 10 Law Center.
11 A. It is requiring written 11 Q. No idea why it would have been sent
12 authorization from our customer in order to 12 there instead of directly to the 3600 address
13 communicate with them. 13 that Bank of America knew about?
14 Q. And so at least as of February 15, 14 A. I don't know.
15 2017, Bank of America does not believe that 15 Q. All right. Then turn to Bates 934,
16 Reliant Law Center has provided the written 16 this is a letter from Bank of America March 2nd,
17 authorization that would allow Bank of America 17 2017. It says, "We have removed Reliant Law
18 to communicate with Reliant Law Center; 18 Center as an authorized party on your home
19 correct? 19 account as you've requested." Who is it sent
20 A. That's correct. 20 to?
21 Q. So look at Bates 928. And this may 21 A. To Jack D. Barnes, Jr., care of
22 just be a duplicate, but it's two different 22 Reliant Law Center.
23 pages in the production. My eyes may be 23 Q. Any idea why that would be sent to

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1 deceiving me, but I think it's the same letter. 1 the care of Reliant Law Center instead of being
2 Will you take a look at it? 2 sent directly to Jack Barnes?
3 A. (Witness complies.) It appears to 3 A. I do not.
4 be the same letter. However, if it's in our 4 Q. And look at Bates 935, Bank of
5 system twice, it does mean that it was sent 5 America letter dated March 14, 2017. Do you see
6 twice. 6 that?
7 Q. Okay. And then let's look at Bates 7 A. Yes.
8 929, and this is a fax cover sheet dated 8 Q. "We have removed" or let me start
9 February 20, 2017, and that's from that Brittany 9 that over. "We have removed Reliant Law Center
10 Tucker again. And then look at the next page 10 as an authorized party on your home account as
11 Bates 930. And who is this fax from? 11 you requested." And who is that sent to?
12 A. Reliant Law Center. 12 A. To Jack D. Barnes, Jr., care of
13 Q. And what are they telling Bank of 13 Reliant Law Center.
14 America to do? 14 Q. If you look at Bates 936, we have a
15 A. It's similar to the prior faxes, 15 fax cover sheet of March 15, 2017. So this
16 it's a termination of representation. 16 would be the very next day after the March 14
17 Q. Ambiguous or pretty clear? 17 letter that we just looked at. And if you look
18 A. I mean, it states what it states. 18 at Bates 937, the fax of March 15, 2017, is from
19 Q. I appreciate that. It does state 19 Reliant Law Center saying stop communicating
20 what it states. And what it states is very 20 with us about Jack Barnes; right?
21 clear, isn't it? 21 A. It's simply stating that the
22 A. Yes. 22 authorization has been rescinded and that the
23 Q. Now, Bates Number 931, this is a 23 communication should go to the borrower.

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1 Q. Right. And not to Reliant Law 1 exceptions to when we provide to unauthorized


2 Center? 2 third parties information. But for the most
3 A. Yes. 3 part, somebody needs to be authorized -- under
4 Q. I mean, I understand it doesn't 4 most circumstances, someone needs to be
5 literally say the words do not send to Reliant 5 authorized in order to receive information.
6 Law Center, but it says we don't represent them 6 Q. So Bates Number 939, it's dated the
7 so send the communications to Jack Barnes; 7 same day, March 21st, 2017. And this is sent
8 right? 8 directly to Reliant Law Center. It says, "We've
9 A. Yes. 9 received your request regarding third-party
10 Q. Okay. Let's go to Bates 938, Bank 10 access on the above-referenced home loan." And
11 of America letter dated March 31, 2017. "We've 11 it goes on to say you're not authorized. In all
12 received your request regarding third-party 12 the documents that have been produced to us,
13 access to your home loan information." Then it 13 have you seen anything that would indicate that
14 says, "Reliant Law Center is no longer an 14 Reliant Law Center sometime before March 21st,
15 authorized party on your home loan and can't 15 2017, had said, "Hey, wait a minute. We want to
16 obtain information for this account. We're 16 be authorized again. We want to receive
17 committed to protecting the confidentiality of 17 information about this account"?
18 our customer's information. And we require your 18 A. I mean, they were the ones where --
19 written authorization, including an 19 there was authorization at one point on the
20 authorization expiration date, prior to 20 account for them to receive the information. So
21 disclosing any information." And who is that 21 I did see an authorization form, and I believe
22 sent to? 22 it was actually communication from Reliant with
23 A. To Jack D. Barnes, Jr., care of 23 the Barneses' signature, but --

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1 Reliant Law Center. 1 Q. Right.


2 Q. So the letter that says Reliant Law 2 A. -- I will grant that after -- at
3 Center is not authorized and they can't get any 3 some point in August of 2016 there was a
4 information on your account, Bank of America 4 revocation and I did not see in the 2017 time
5 sent this letter to Reliant Law Center? 5 period or after 2016 -- in August of 2016 -- end
6 A. That's what it appears, yes. 6 of August 2016 that they wanted to be reengaged
7 Q. Appears to be a mistake to you at 7 or reauthorized.
8 the very least; right? 8 Q. Right. From August 31st, 2016, we
9 A. It is something I can't explain. I 9 know it was revoked at that point. The only
10 -- so it -- I would concede that it is likely to 10 communications after that from Reliant were
11 be a mistake. 11 saying what?
12 Q. Right. Because Bank of America has 12 A. That they had terminated their
13 a policy, whether written or not, not to 13 representation.
14 disclose information to a third party unless the 14 Q. And yet all after August 31, 2016,
15 third party is authorized; correct? 15 we see these letters going to the Barnes in care
16 A. That's correct. 16 of Reliant Law Center; right?
17 Q. So, if we know that and there's no 17 A. Yes.
18 authorization, then Bank of America would have 18 Q. And here's one Bates 941, March 14,
19 no reason to send information about an account 19 2017. I believe we've already seen that, but
20 to a third party; right? 20 apparently this one came back as nondeliverable;
21 A. That's correct. I believe that 21 unable to forward. Do you see that?
22 there's some -- you know, again, federal law, 22 A. Yes.
23 that's guiding it and there may be some 23 Q. So that would mean this letter

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1 literally came back and it said this address 1 getting mail from Bank of America related to
2 isn't any good for Reliant. And so Bank of 2 someone they do not represent?
3 America has a policy and procedure to scan that 3 A. I'm not sure -- again, I'm not sure
4 in and put that in the file; right? 4 that some of those letters that were sent to
5 A. Yes. 5 them were intentionally sent to them informing
6 Q. And so as representative of Bank of 6 them that they were no longer authorized. And
7 America, if you know the address is no good, you 7 so the extent they felt they needed to reiterate
8 certainly don't keep sending letters to an 8 that to us when we were agreeing that they
9 address that's no good; right? 9 aren't -- they don't have an authorization, I
10 A. I'm not certain of our policy and 10 think that they chose to keep sending these
11 procedures regarding our mailing addresses and 11 faxes even though we told them we agree with
12 updating them. 12 you, you're not authorized.
13 Q. Okay. Let me -- let me narrow that. 13 Q. So you told Reliant we agree with
14 You have a policy and procedure if there's some 14 you, but then you continued to send letters to
15 entity out there that does not have 15 Reliant for the Barnes?
16 authorization, you don't send information about 16 A. I mean, there were several letters
17 a borrower to them and you certainly don't send 17 in this that you had me read that stated they
18 information to an unauthorized third party when 18 weren't authorized, so I don't understand why
19 their address is coming back as unable to 19 they would feel the need because that's not the
20 forward; right? 20 bank, so you'd have to speak with them to why
21 A. Again, I just don't know how we 21 they felt the need to continue to reiterate
22 handle undeliverable mail. 22 something that we agreed with. We were saying
23 Q. Well, it wouldn't make any sense to 23 you're not authorized. And then they're saying

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1 send to an unauthorized third party in any event 1 -- and then they're sending us something saying
2 but particularly when their address is no good? 2 we're not authorized. It's the same; both sides
3 A. I mean, I will concede it doesn't 3 are agreeing that you're not -- there's no
4 make sense. I'm just saying I'm not sure how 4 authorization.
5 our systems handle updating that address and so 5 Q. Okay. Well, let's go back to Page
6 that's what I'm not able to answer. 6 919, because maybe I misunderstood these
7 Q. Let's look at Bates 942. And this 7 letters.
8 is a fax cover sheet dated April 21st, 2017. 8 A. (Witness complies.)
9 And if you look at the next page, 943, this is 9 Q. September 6, 2016, so that's after
10 another fax from Reliant Law Center saying what 10 the August 31st, 2016, letter from Bank of
11 to Bank of America? 11 America saying we've removed Reliant; right?
12 A. It's the same letter as before. 12 A. Yes.
13 It's the termination of representation. 13 Q. Now, this September 6, 2016, letter,
14 Q. Why would a third party who Bank of 14 is this -- well, first of all, this was sent to
15 America has clearly said is not an authorized 15 Reliant, San Diego, California --
16 third party for the Barnes, why would they have 16 A. It was --
17 to keep sending letter after letter after letter 17 Q. -- right?
18 to Bank of America saying stop sending us stuff? 18 A. -- sent to the homeowner care of
19 A. I don't know. You'd have to ask 19 Reliant, yes.
20 Reliant Law Center why they chose to keep 20 Q. Right. So it was physically sent to
21 sending these letters over and over again. 21 Reliant?
22 Q. So doesn't it make sense that the 22 A. Yes.
23 reason they keep sending them is they keep 23 Q. Okay. And this is not a letter

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1 saying, "Hey, we've accepting your revocation. 1 Q. Okay. All right. So I think we
2 You're not authorized." This is a letter 2 stopped at Bates 943. This is an April 21,
3 explaining important information to Jack Barnes; 3 2017, fax from Reliant saying, again, we don't
4 right? 4 represent Barnes; right?
5 A. I mean, it's relaying information. 5 A. Yes.
6 Q. Is it important? 6 Q. And then Bates 944, we have a letter
7 A. It depends if -- I can't weigh the 7 from Bank of America April 26, 2017. It says,
8 importance of our letters. It states the fact 8 "We've removed Reliant Law Center as an
9 -- I mean, it states what it states. 9 authorized party on your home loan account. We
10 Q. And you have no explanation for why 10 will no longer discuss your home loan
11 this was sent to Reliant Law? 11 information with Reliant Law at any time unless
12 A. I do not. 12 otherwise notified by you." Where was that
13 Q. Okay. Do you think that's maybe why 13 sent?
14 on Bates 921 Reliant Law sent a letter saying, 14 A. To Jack D. Barnes, Jr., care of
15 hey, authorization's revoked? 15 Reliant Law Center.
16 A. It -- it's -- so in Jan -- for a 16 Q. If you look at Bates 945, looks like
17 letter from -- that they received in September 17 this was actually dated maybe the day before
18 to send something in January? I don't know. 18 April 25th, 2017. And that, again, is sent to
19 Q. Okay. Well, they send that in 19 Reliant Law?
20 January. And then Bates 923, Bank of America 20 A. Yes.
21 says, "We need more time to research your home 21 Q. And then Bates 947, we get the April
22 loan request." Sounds pretty important. And 22 25th letter coming because as return to sender
23 they sent that to Reliant Law; right? 23 not deliverable. That would be the Reliant Law,

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1 A. Correct. But this is a customer 1 that address?


2 service generic acknowledgment letter, so I 2 A. Yes.
3 don't think that there's actually much 3 Q. And then Bates 949, which is April
4 information that's being conveyed other than we 4 26, 2017, "We removed Reliant Law Center as an
5 received something. So to the extent that they 5 authorized party on your home loan account."
6 -- that this is what they -- this is the 6 That was sent to Reliant Law's address?
7 correspondence they received, the fax was what 7 A. Yes.
8 they received, they were just saying, hey, we 8 Q. No explanation for that; right?
9 got it. We got what you sent us. And so it's 9 A. Yes. I mean, sorry. This one was
10 not actually -- Reliant Law Center is the one 10 -- there was a letter in here that was from that
11 who triggered the sending of the letter. 11 date and this one was returned to sender as
12 Q. Oh, I see. Reliant triggered it. 12 undeliverable, just to make it clear that 949
13 And Reliant, an unauthorized third party, then 13 had a sticker on it indicating that it was
14 received a letter that has the property address, 14 returned.
15 the account number. It says, "We need more time 15 Q. Say that again now. 949 --
16 to research your home loan request. We are in 16 A. And the Bates -- the last document,
17 the process of concluding our review. We will 17 just so the record is clear, has a sticker on it
18 provide you a response upon completion of our 18 indicating that it was a return to sender not
19 review. Thank you for your patience." That was 19 deliverable.
20 sent to Reliant? 20 Q. Right, right.
21 A. Yes. 21 A. So we had already discussed --
22 Q. Do you see a problem with that? 22 Q. Right.
23 A. No. 23 A. -- the letter previously, but it's

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1 not an additional letter that was sent out. 1 Q. But certainly after foreclosure when
2 This is the letter coming back to us. I just 2 there's no authorized third party, you would not
3 wanted to make it clear. 3 expect to see letters going out to that
4 Q. Yeah. And I'm sorry if I was 4 unauthorized third party?
5 confusing on that. So let's make sure we're 5 A. I believe I stated that I wasn't
6 both on the same page. Bates Number 947 is a 6 sure what our -- what our -- how we notified the
7 letter dated April 25th? 7 -- the author -- what had been an authorized
8 A. Yes. 8 third party, what we would have sent to them.
9 Q. At 947 is a return to sender. Bates 9 So I'm not sure in those documents what was sent
10 949 is also a return to sender but that's dated 10 to Reliant to inform them that they weren't
11 April 26; right? 11 authorized.
12 A. Yes, yes. 12 There seems to be some letters in
13 Q. Okay. I will show you what I will 13 there that -- that were sent directly to them
14 mark as Defendants' Exhibit 7, this is Bates 905 14 informing them they're not authorized. And
15 through 907. 15 then, like I said, some of the letters appear to
16 (Defendants' Exhibit 7 was 16 be triggered by Reliant sending in that -- in
17 marked for identification.) 17 the information -- every time that they sent in
18 A. Okay. 18 the termination notice, we were responding with
19 Q. Now, this is sometime past those 19 automated letters, but --
20 last letters we looked at, about three months? 20 Q. So let's talk about the letters.
21 A. This is prior in time. 21 Are there some letters that an employee of Bank
22 Q. Oh, I'm sorry. I'm sorry. 22 of America can type of Microsoft Word or
23 A. This is in 2016, July 27, 2016. 23 something like that, print it out, stuff it in

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1 Everything -- they revoked on August 31st, 2016. 1 an envelope and mail it to the borrower?
2 So this is when Reliant Law Center still had 2 A. My understanding is the majority of
3 authorization. 3 the letters that get sent are template --
4 Q. Okay. So this was appropriate to 4 template letters, that there might be
5 send to Reliant Law Center? 5 information specific -- you know, so not only is
6 A. Yes. 6 there information specific to the account that
7 Q. Okay. When was the foreclosure? 7 gets entered in there but then they would have
8 A. It was August 2nd, 2016. 8 options like a drop-down sort of -- I don't use
9 Q. So all these letters on Plaintiff's 9 that system, but I understand there's some sort
10 (sic) Exhibit 6, between Bank of America and 10 of -- they can choose certain template language
11 Reliant, these were all after the foreclosure? 11 and then there are individuals, like for an
12 A. Yes. 12 escalated complaint department, that would be
13 Q. Does that seem odd to you that after 13 able to perhaps completely draft a whole new
14 a foreclosure Bank of America would continue to 14 letter in response wholly to the homeowner.
15 send letters to an unauthorized third party? 15 The majority of these are -- the
16 A. If the homeowner wanted to keep an 16 majority of the letters -- and I can't recall in
17 authorized third party on their account, they 17 this file seeing any letter that was sent that
18 are welcome to do so however long -- again, they 18 was not at least mostly a template or, you know,
19 dictate the terms of the authorized third party, 19 using drop-downs. I don't think I saw anything
20 so it doesn't seem odd to me that there would -- 20 that was specifically drafted by somebody on the
21 that there would be an authorized -- an 21 Barneses' file.
22 authorized third party on an account after 22 Q. And one of the reasons Bank of
23 foreclosure. 23 America uses template letters is to have

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1 uniformity in the letters? 1 foreclosure, about a document that's needed, you


2 A. Yes. 2 expect the homeowner to rely on that?
3 Q. And to make sure that it's -- let me 3 A. Yes.
4 back up. When we're dealing with somebody who's 4 Q. And, certainly, if you send the
5 potentially facing foreclosure, Bank of America 5 homeowner something in writing about the
6 recognizes that's a very serious situation? 6 foreclosure happening or not happening, you
7 A. Yes. 7 would fully expect the consumer to believe and
8 Q. A very extreme situation to 8 rely upon what Bank of America has told them in
9 undertake a foreclosure of somebody's home; 9 writing?
10 right? 10 A. Yes.
11 A. Yes, absolutely. 11 Q. And that goes back to why you have
12 Q. And so this is why Bank of America 12 these standard template, sort of
13 is so careful to make sure that everything is 13 mail-merged-type letters so that Bank of America
14 done properly before they do a foreclosure; 14 can ensure what's going out is exactly what Bank
15 right? 15 of America intends to go out?
16 A. Yes. 16 A. Yes.
17 Q. I mean, this is mission critical at 17 Q. Okay. Did I give you Bates 905?
18 Bank of America and the employees and even 18 A. Yes.
19 vendors are drilled on this, you have got to be 19 Q. Okay. Okay. So, this is before the
20 right about this before you foreclose on 20 revocation of the third-party authorization for
21 somebody's home? 21 Reliant Law; correct?
22 A. Yes. 22 A. That's correct.
23 Q. And if you make a statement to a 23 Q. July 27, 2016. And you told me the

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1 borrower about, "We're not going to be 1 foreclosure date was --


2 foreclosing" during some period of time, that 2 A. I believe August 2nd, 2016.
3 needs to be an accurate statement; right? 3 Q. 2016?
4 A. I believe that we've -- that, yes, 4 A. Yes.
5 that's something that we -- that we're at least 5 Q. Okay. So just whatever the math is,
6 trying to ensure that all of our employees are 6 four or five, six days later from this letter?
7 accurate in their communications to their 7 A. Yes. I believe I had done the math,
8 homeowners and as clear as they can be. 8 it was seven days later, but --
9 Q. The homeowner/borrower calls in, 9 Q. Okay.
10 speaks to a customer service person or the -- I 10 A. -- six or seven, yes, somewhere in
11 think at times they're called the single point 11 there.
12 of contact person -- Bank of America expects 12 Q. I became a lawyer because I'm not
13 that the homeowner, the consumer, the borrower 13 very good with math. Whatever. It's a week or
14 will rely upon what the Bank of America employee 14 so later at the most?
15 tells them over the phone; right? 15 A. Yes.
16 A. Yes. 16 Q. All right. So this was sent to the
17 Q. I mean, there's no recording that 17 third party Reliant Law. And when Bank of
18 comes on and says, "Please be advised that you 18 America communicates with an authorized third
19 should not listen to anything we tell you"; 19 party, they fully expect that third party to
20 right? 20 then communicate to the consumer; right?
21 A. Not that I'm aware of, no. 21 A. I have no reason to believe that if
22 Q. I mean, if a Bank of America 22 the consumer needed to know the information --
23 employee tells a homeowner something about a 23 they -- again, the third party authorization is

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1 dictated by the borrower themselves. So in this 1 Q. Okay. But you've just seen this
2 particular situation, they not only provided 2 enough, you know this is a template letter?
3 authorization for them the communicate but they 3 A. Well, I -- yes. And there's also
4 also indicated that they needed us to 4 other codes on the --
5 communicate with them in writing and that we 5 Q. Like, what's up top?
6 were not to communicate with them outside of -- 6 A. Yes.
7 the only entity that we were to communicate was 7 Q. Okay.
8 Reliant Law Center. That's not the case in all 8 A. That indicates to me that it's a
9 of the situations but in this particular 9 template letter, but I have seen this numerous
10 authorization, that was specifically what the 10 times in other files for other homeowners.
11 Barneses had requested. 11 Q. And on the top of the first page,
12 Q. Okay. And so when Bank of America 12 which is Bates 905, it's got 03-23-20 -- I'm
13 sends this Defendants' Exhibit 7, this is 13 assuming that's March 23, 2016. Is that when
14 important information that instead of sending 14 this letter was created or updated or can you
15 this directly to the Barnes, it sent it to the 15 tell?
16 Reliant Law Center because they were the 16 A. My understanding is that would be
17 authorized representative? 17 the template version was updated the last time
18 A. Not only were they the authorized 18 on 3/23/2016.
19 representative, but we were told -- we were 19 Q. Okay. And so this says, "We've
20 instructed to not send and not to communicate 20 received your financial documentation. Here's
21 with the Barnes. I believe that there was a 21 what to expect next." And when you've seen this
22 cease and desist component to the authorization. 22 letter, it's been in the context of people have
23 And since they're a law center, we had to 23 submitted some type of lost mitigation package

Page 155 Page 157

1 comply. We don't want to get involved in 1 or other information to Bank of America; right?
2 attorney/client or outside, you know, 2 A. It's -- yes, it's information -- we
3 communications -- 3 received some piece of information that's
4 Q. Right. 4 showing intent to -- that the homeowner wants to
5 A. -- with a customer represented by an 5 modify -- to modify their loan or do something
6 attorney. 6 involving lost mitigation.
7 Q. And are you familiar with this 7 Q. And apparently this is the beginning
8 letter? Do you need to take a moment to look at 8 of the home loan assistance process. Is that
9 it? 9 what you guys call it? I'm just reading from
10 A. I've reviewed these type of letters 10 the letter.
11 before. 11 A. This, I believe, we typically call
12 Q. Okay. That was going to be a 12 it an acknowledgment letter. It's -- I believe
13 question I had for you: Is this sort of a 13 we started sending these after the CFPB sort of
14 one-off letter that somebody typed on their own, 14 rules and regulations came into place, and so
15 this Cindy Simental, S-I-M-E-N-T-A-L, or is this 15 this is the letter acknowledging that we've
16 a template letter? 16 received something from the homeowner regarding
17 A. This would be a template letter. 17 lost mitigation and it starts the timeline --
18 Q. Now underneath the -- at least on 18 the -- the -- it started the first letter before
19 the first page it's got some little code 19 we would send -- you know, there's other letters
20 RQ-120821-1-1. Does that tell you it's a 20 that we're required to send under the CFPB --
21 template or do you just know it's a template? 21 Q. Okay.
22 A. That does not indicate that it's a 22 A. -- to -- for the lost mitigation.
23 template to me. I'm not sure what that is. 23 So this is sort of the first saying we've

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1 received something and then it sets out certain 1 (A short recess was taken.)
2 required information. 2 THE VIDEOGRAPHER: This marks
3 Q. And then the next sentence says, "We 3 beginning of Videotape Number 4 of the
4 will send you a letter in the next few days that 4 deposition of Jessica Woodbridge. The time is
5 either confirms we have all the documents we 5 now 2:41 p.m.
6 need from you or identifies the documents you 6 Q. (By Mr. Watts:) We were in the
7 still need to provide along with the time frame 7 middle of talking about Defendants' Exhibit 7,
8 in which you must provide them"; right? 8 Bates-stamped 905 through 907. If you'll go
9 A. Yes. 9 back to the first page, Bates-stamped 905,
10 Q. And so this is saying we're going to 10 there's a heading "What to expect next." And
11 tell you either you gave us everything we need 11 this is to give the consumer a road map of
12 or we're missing X, Y and Z and here's the date 12 what's going to happen next; right?
13 that you have to get us those missing documents? 13 A. Yes.
14 A. That's correct. 14 Q. Okay. And this is designed so that
15 Q. Okay. And then it's got this 15 they can read this and understand exactly what
16 heading "What you need to do." It says, "Please 16 will be occurring in the future; right? At
17 respond promptly to all requests you receive 17 least the process of what will happen?
18 from us." It kind of explains that. And then 18 A. It's the process with regard to loan
19 the next section, "What to expect next. Once 19 modification review, yes.
20 we've received all required documents, the loan 20 Q. Okay. And so there's an estimate
21 evaluation process should take no more than 30 21 that once all the documents are in, that should
22 days." So all of this is standard language; 22 take about 30 days; right?
23 right? 23 A. Yes.

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1 A. Yes. 1 Q. And then once that probably 30-day


2 Q. This is what you would send -- would 2 process is completed, then the consumer, if
3 it only -- let me ask you this: Would this 3 they're offered something, will have at least 14
4 template only be sent to folks in Alabama that 4 days to accept the offer?
5 have applied for lost mitigation or would this 5 A. That's what it states, yes.
6 be a letter that goes nationwide? 6 Q. Okay. And that's certainly what
7 A. I have no reason to believe that 7 Bank of America intends the consumer to
8 this is state specific. Again, I believe it's 8 understand exactly what it states?
9 to comply with a federal law. 9 A. Yes.
10 Q. Okay. So we're confident that this 10 Q. And then if there's no offer as far
11 was not something that Cindy just drafted up on 11 as loan assistance option, then Bank of America
12 her own and sent out because she goes "I don't 12 will look at other things like a short sale or
13 know what to send to somebody in Alabama"; this 13 deed in lieu?
14 is the template letter that goes to everybody; 14 A. Yes.
15 right? 15 Q. Okay. And if we look at the second
16 A. Yes. 16 page, page two of three, this is Bates 906, it
17 THE VIDEOGRAPHER: Okay. Less than 17 has a heading "Important information about
18 a minute. 18 foreclosure." Do you see that?
19 MR. WATTS: We can stop. We will 19 A. I do.
20 pick back up in just a second. 20 Q. Okay. And the reason we use
21 THE VIDEOGRAPHER: This ends 21 headings is to make it easy to read texts and to
22 Videotape Number 3 of the deposition of Jessica 22 sort of get an idea of what is going to follow
23 Woodbridge. The time is now 2:29 p.m. 23 that heading; right?

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1 A. Yes. 1 Let's talk about that. Is this just template


2 Q. Okay. And so somebody who's asking 2 language that would apply to judicial as well as
3 for assistance and potentially facing a 3 nonjudicial, or does this have some meaning in a
4 foreclosure, this would be a very important 4 nonjudicial state like Alabama, this "subject to
5 section, wouldn't it? 5 court approval."
6 A. Yes. 6 A. I would -- I don't know enough about
7 Q. What does it mean when it says 7 Alabama law regarding foreclosures to know
8 "Referred to foreclosure"? What does that 8 whether or not if we needed to stop a
9 expression mean when Bank of America uses that? 9 foreclosure sale we needed to get court approval
10 A. So part of our foreclosure when 10 or not.
11 we're going from a loan that is part of our 11 Q. Well, you know in a nonjudicial
12 regular pool of loans and then there's a process 12 foreclosure, by definition, there is no judge
13 that we will refer the loan to foreclosure. 13 involved so you wouldn't need court approval to
14 There's a foreclosure review committee that 14 not do a nonjudicial foreclosure; right?
15 looks at the loan and the documents -- and 15 A. I -- I'm not sure. I think in some
16 certain documents then we'll make a 16 states and even though it's a nonjudicial
17 determination and put it into the foreclosure 17 foreclosure we still have to get a certification
18 worlds and into the foreclosure department's 18 or something from a judge before we can actually
19 purview. And so they would -- so that is just 19 go to foreclosure sale. So I'm just not sure.
20 indicating that if it's already been referred to 20 Q. Right.
21 our foreclosure department. 21 A. Even though it's like a nonjudicial
22 Q. Okay. And I'll read the sentence, 22 process, there's still something that has to go
23 and thank you for explaining that. It says, "If 23 through the court, and so I'm not sure about

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1 your loan has been previously referred to 1 Alabama law.


2 foreclosure, we will not conduct a foreclosure 2 Q. Well, let me ask it this way: In
3 sale," and has parenthesis "subject to court 3 Alabama, the foreclosure that ultimately the
4 approval where applicable," close parenthesis, 4 Barnes went through was a nonjudicial
5 "during the period of time you have to send us 5 foreclosure. We're on the same page about
6 all required documents and we'll we evaluate 6 that; right?
7 your complete application once it is received 7 A. Yes.
8 subject to applicable law." At the time this 8 Q. There was never a judicial
9 letter had been sent, had the Barneses' loan 9 foreclosure filed against the Barnes?
10 been referred to foreclosure? 10 A. Not to my knowledge on this
11 A. Yes. 11 property, no.
12 Q. Okay. So that sentence would make 12 Q. So when this says, "if it's been
13 sense to be in here because it had been referred 13 previously referred to foreclosure," which you
14 to foreclosure; right? 14 and I agree it had been previously referred to
15 A. Again, this is a template and this 15 foreclosure; it says, "We will not conduct a
16 information would be in the letter regardless of 16 foreclosure sale," but then it has that subject
17 whether they had been referred or not referred. 17 to court approval. Well, if you can foreclose
18 Q. Okay. So it's just saying if you 18 without court approval, you would not need court
19 haven't been referred to foreclosure, well, 19 approval to not foreclose; right?
20 then, I guess no issue about foreclosure. But 20 A. Sure. Again, and it's just I'm not
21 if you have been referred to foreclosure, then 21 that familiar -- it makes sense to me, and I'm
22 it says, "We will not conduct a foreclosure sale 22 not disagreeing with you. It's just I don't
23 (subject to court approval where applicable)." 23 know enough about how if we -- to stop a sale --

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1 Q. Okay. 1 that perhaps not all the documents were sent.


2 A. -- in Alabama. 2 And it's saying if you didn't send all of the
3 Q. Well, as the corporate 3 documents, we'll send you a letter that tells
4 representative of Bank of America, you have no 4 you what documents you're missing and whether
5 knowledge of any court approval that Bank of 5 you have seven days or 14 days or however many
6 America would have to get in order to not do a 6 days you have to get them to us; right?
7 nonjudicial foreclosure? 7 A. It -- yes, but it still does not
8 A. That's correct. 8 mean that they weren't supposed to have already
9 Q. Okay. So when I read this, I'm just 9 sent all the other documents. That's in case
10 going to leave that parenthesis out. "If your 10 they didn't send us all the documents, but the
11 loan has been previously referred to 11 idea is that they should have already sent us
12 foreclosure," we agree it has, "we will not 12 everything that we needed.
13 conduct a foreclosure sale during the period of 13 Q. Right. But if they, for some
14 time you have to send us all required 14 reason, do not send all the documents, this
15 documents." Now, the first page tells us that a 15 letter is telling them we'll let you know what
16 letter will be sent to the Barnes either telling 16 you're missing and how soon you need to get it
17 them they sent all required documents or listing 17 to us; right?
18 what they are missing; correct? 18 A. That we -- yes. That the option is
19 A. Yes. 19 either that we will review what they have if
20 Q. Okay. So there's a time period that 20 it's complete and if it's not complete we will
21 they would have to send all required documents? 21 tell them what is missing, yes.
22 A. I'm not exactly certain that there 22 Q. Okay. And so we go back to the
23 is -- it's listed out that they have a 23 second page. It says, "If it's previously

Page 167 Page 169

1 particular time period to send all of the 1 referred to foreclosure, we will not conduct a
2 required documents. They should have sent the 2 foreclosure sale during the period of time you
3 completed -- they're supposed to send a complete 3 have to send us all required documents." And
4 financial package when they submit a loan 4 then we will get to the rest of the sentence,
5 modification application. They're not supposed 5 but so they're saying if you did not send us the
6 to send us, like, a document and then -- and 6 complete package, we'll let you know what you're
7 then expect us to tell them that they need to 7 missing, how long you have to get it to us, and
8 send more. They're supposed to send everything 8 we're not going to foreclose during that period
9 to us. 9 of time that we give you to provide us the
10 Q. Let's go back to the first page. 10 documents; right?
11 Clearly, there was a request made for home loan 11 A. Assuming that there was a period of
12 assistance; right? 12 time that -- so there's no period of time given
13 A. Yes. 13 in this document that they had to have given us
14 Q. And in this letter it doesn't say 14 the complete package. So if that sentence is
15 Jack Barnes, you are required to send us all 15 assuming that they had a period of time in order
16 documents. You should not have just sent us one 16 to send the required -- so they should have
17 document. It doesn't say that. It says we will 17 already sent the required documents. And so my
18 send you a letter in the next few days that 18 understanding of that sentence is -- or that
19 either confirms we have all the documents we 19 piece of the sentence is assuming that there was
20 need or identifies the documents you still need 20 a period of time that they had to send the
21 to provide along with the time frame; right? 21 required documents. If there was no period --
22 A. Yes. 22 if there was no time, if the sale had already
23 Q. So this letter itself contemplates 23 been set, that's not really indicating that

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1 there was any period of time to -- 1 A. There will be a letter; however, my


2 Q. Okay. We're going to spend some 2 point was that there -- if the letter is --
3 time on that, but let's go back to the first 3 states that -- confirming that we have all of
4 page. The date this letter is sent, July 27, 4 the documents, then that period of time -- there
5 are you saying that before this letter was sent 5 is no period of time that they need to submit
6 the Barnes would have received a previous letter 6 new documents -- to submit the documents --
7 that says, "Here's all the documents that you're 7 their documents -- the package is complete when
8 missing and here is your time period to get 8 it's done.
9 them"? Or is this Defendants' Exhibit 7 saying 9 Q. Right.
10 if you're missing documents in the future we 10 A. And so it's -- so there's not
11 will send you a letter -- I think it says in the 11 necessarily going to be an additional period of
12 next few days -- telling you what documents 12 time to con -- for them to -- that period of
13 you're missing and then giving you the time to 13 time to send us all required documents. They --
14 supply those documents? 14 that period of time may have already, you know,
15 A. So they -- part of this process is 15 been completed by the time the -- this letter
16 that they should have already sent us all the 16 was sent. We just don't know enough yet. This
17 required documents. I understand that not all 17 is just like an acknowledgment nobody has looked
18 the homeowners do that or once they look through 18 at the documents.
19 them, but the idea is not that they send in half 19 Q. So let's take it one at a time.
20 the package, wait for that accompanying 20 Let's assume the Barnes sent in every document
21 information notice to send in the remainder -- 21 Bank of America needed, then they would have at
22 the remainder to get a complete financial 22 least 14 days to accept the offer, correct,
23 package. The idea is that that financial 23 assuming an offer was made?

Page 171 Page 173

1 package should already be in the door. And so 1 A. Yes.


2 it's just -- so it's kind of a difficult thing. 2 Q. Because what will happen is Bank of
3 They're saying that it's a possibility that 3 America will say, here's a -- I'm just going to
4 there could be another letter, not that there 4 call it loan modification. Here's an offer, at
5 will be or there's certain to be another letter 5 least 14 days to accept it or reject it or Bank
6 and so there's nothing -- there's not really a 6 of America would say you do not qualify for
7 period at this point that's outlined of how long 7 this; right?
8 to get the whole package in. 8 A. That's correct.
9 Q. Here's what the letter says -- it 9 Q. Okay. And then it says, "We'll
10 doesn't say we may send you a letter in the next 10 discuss other options with you at that point."
11 few days. It doesn't say it's possible we will 11 Now if we go to page two, it says on this
12 send you a letter, perhaps we will send you a 12 referred foreclosure that "During the time
13 letter. It says, "We will send you a letter in 13 period you have to send us all required
14 the next few days that either confirms we have 14 documents, there will be no foreclosure." We
15 all the documents we need from you or identifies 15 agree on that; right?
16 the documents you still need to provide along 16 A. We state that we will not conduct a
17 with the time frame in which you must provide 17 foreclosure sale, yes.
18 them." So maybe I misunderstood what you just 18 Q. Okay. "And there will be no
19 said, that you -- at least as I heard you, you 19 foreclosure sale while Bank of America evaluates
20 said, "Well, maybe they'll be a letter." But 20 the complete application"; right?
21 this is saying you will definitely get a letter 21 A. That's correct. Although both are
22 that either says it's complete or you're missing 22 modified subject to applicable law.
23 documents; right? 23 Q. Okay. And that would be maybe in

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1 some state there's a requirement that you 1 foreclosed on you because the investor required
2 foreclose or maybe in a nonjudicial state you 2 us to reject your application because it was
3 still have to go to the court apparently; right? 3 within seven days"?
4 A. Yes, so yes. 4 A. So the communications to the Barnes
5 Q. So let me see if I can summarize 5 or their authorized third party was prior to the
6 this and make sure you and I are on the same 6 submission of this application. And during that
7 page here: This Defendants' Exhibit 7 is saying 7 time period -- so they knew prior to the
8 we received something from the Barnes, maybe it 8 foreclosure sale that the foreclosure sale --
9 was complete, maybe it was incomplete. Those 9 that we were not stopping the foreclosure sale.
10 are the two options; right? 10 This document also says to not ignore any
11 A. Yes. 11 foreclosure notices you might receive.
12 Q. If it's complete, then there is no 12 Q. When would they have received
13 need for additional documents because it's 13 foreclosure notices after Defendants' Exhibit 7?
14 complete? 14 A. They received them prior to, and I'm
15 A. Yes. 15 not sure what's required in Alabama about the
16 Q. But if it's incomplete, then Bank of 16 day of, if there's any notices -- how -- when
17 America says over the next few days we will send 17 they would have received those notices exactly,
18 you a letter that says what you're missing and 18 but they -- that foreclosure sale was already
19 how long you have to get us those missing 19 set at the time they call -- that I can see the
20 documents; right? 20 notes that the Reliant Law Center called in in
21 A. Yes. 21 order to talk about submitting a package, and
22 Q. So then on this part about "we will 22 they were informed at that time that there were
23 not conduct a foreclosure," it anticipates two 23 no guarantees about postponing that sale, that

Page 175 Page 177

1 possibilities: One, where in that period of 1 within that seven days is just too close to the
2 time to get documents in order to complete the 2 sale date.
3 application; correct? 3 And then I can see in the notes that
4 A. Yes. 4 we did -- in fact, even though it's outside of
5 Q. Or the application is complete and 5 our policies, we went ahead and made the
6 this says that "there will be no foreclosure 6 postponement request and to make an exception of
7 while the completed application is evaluated"; 7 our policy, and it was determined in this case
8 correct? 8 that they were not going to make an exception.
9 A. Yes. 9 Q. The communication to Reliant, that
10 Q. Okay. Now, is it your understanding 10 was verbal, right, about the seven days?
11 that one reason why the foreclosure happened 11 A. It was documented on that call that
12 despite this Defendants' Exhibit 7 is that there 12 they had, yes, before they submitted the
13 is some type of investor requirement about 13 package.
14 information received less than seven days before 14 Q. Right. And maybe I didn't ask it
15 the foreclosure? 15 clearly. Was there a letter sent to Reliant
16 A. Yes. 16 that said, "If you submit this within seven days
17 Q. Now, of course, the investor 17 of the foreclosure, then there's no guarantee
18 guidelines or investor requirements would not be 18 that the foreclosure will be stopped" or was
19 Fannie Mae or Freddie Mac or Chase Bank or 19 that said to them verbally over the phone?
20 Nationstar; it would have been Bank of America? 20 A. That was said over the phone.
21 A. Yes. 21 Q. Okay. Bank of America may have
22 Q. So Bank of America says to the 22 documented in the notes but it was done
23 Barnes despite this Defendants' Exhibit 7, "We 23 verbally?

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1 A. Yes. 1 terminated due to the foreclosure sale.


2 Q. And then that was before Defendants' 2 Q. And that's despite what was
3 Exhibit 7? 3 represented to the Barnes in this Defendants'
4 A. Yes. 4 Exhibit 7?
5 Q. And then Defendants' Exhibit 7 comes 5 A. Again, I saw notes before and after
6 along and says if it's been referred to 6 indicating that the foreclosure sale was
7 foreclosure, we're going to stop it, if it's 7 communicated that it was not going to be
8 incomplete during that time period you have to 8 postponed. So regardless of when this letter
9 complete the documents or if it's complete 9 was received, I saw a note saying that there was
10 during the period that we evaluate it; right? 10 no promises prior to and then I saw notes
11 A. Yes. 11 indicating that the postponement had been
12 Q. What the Barnes submitted, was it 12 rejected and they -- that was also communicated,
13 complete or incomplete? 13 and that would have been after this letter.
14 A. I don't know. 14 Q. If Bank of America tells a borrower
15 Q. Well, that would be important to 15 one thing verbally and something else in
16 know, wouldn't it? 16 writing, which one does Bank of America expect
17 A. I understand that the -- that 17 the borrower to believe?
18 evaluation was not made according to the notes 18 MR. GERHARDT: Object to form.
19 because the timing -- there was just not enough 19 A. I believe in this situation,
20 time and then the foreclosure sale happened. 20 especially considering that we were speaking
21 Q. So Bank of America doesn't know 21 with a law firm that handles this kind of thing,
22 whether the -- the completed application was 22 that what we were telling them over the phone,
23 sent or not sent? 23 they knew that the foreclosure sale was

Page 179 Page 181

1 A. I don't -- I did not -- I don't 1 happening and so it was not a unsophisticated


2 recall seeing that information in the notes that 2 party. And I can't speculate as to what -- you
3 I reviewed. 3 know, how somebody should determine that
4 Q. Okay. And so instead of determining 4 otherwise, but they knew that what we were
5 is this complete or is this incomplete, which 5 telling them on the phone -- I mean, they could
6 incomplete would then create a period of time to 6 have spoken with our foreclosure counsel to
7 complete it, Bank of America just said, "Well, 7 confirm that. And, I mean, every -- we were
8 we got whatever this is less than seven days 8 not, I don't believe, hiding the fact that the
9 before the foreclosure, so we're denying it"? 9 foreclosure sale was not postponed.
10 A. No. It was sent to the underwriters 10 Q. (By Mr. Watts:) Why didn't this
11 to review. I just don't believe or I don't 11 letter say, "Oh, and by the way, if you're
12 recall seeing what -- so whatever we had we did 12 within seven days, all bets are off and we're
13 expedite -- we did request an expedited review. 13 not going to stop the foreclosure"?
14 We were trying to get it done before the seven 14 A. I mean, it does state to not ignore
15 days. It went to the underwriter, which is not 15 -- and, you know, in all capitalized letters to
16 -- so it -- which indicates to me that at the 16 not ignore any foreclosure notices you might
17 very least it was facially (sic) complete if it 17 receive. So I'm not sure -- but I'm not sure
18 -- there had been some huge deficiency I would 18 why it doesn't put in the timing, the seven
19 believe that the CRM would have indicated that. 19 days.
20 It normally doesn't go to the underwriter unless 20 Q. It would be pretty important to let
21 the package is complete. But that underwriting 21 homeowners know that, wouldn't it?
22 review, I did not see the results of that. 22 A. Again, they -- it was -- it was told
23 Instead I just saw notes saying it was 23 to them over the phone.

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1 Q. Pull back out Defendants' Exhibit 1, 1 Q. So if the information about the


2 please, the mortgage. 2 seven days, that if you get it within seven days
3 A. (Witness complies.) 3 of the foreclosure, that's not going to stop the
4 Q. I want you to look at -- it's about 4 foreclosure, at least it may not stop it; if
5 Paragraph 15 and tell me what the title of 5 that is considered a notice, then you would
6 Paragraph 15 is? 6 agree it has to be in writing?
7 A. Notices. 7 A. If it falls in -- under the
8 Q. What does it say about notices to, 8 definition of notice as according to the
9 in this case, the Barnes? Should they be in 9 mortgage, then I suppose, yes.
10 writing or verbal? 10 Q. Okay. Is that considered a notice
11 A. "All notices given by the borrower 11 under the mortgage?
12 or lender in connection with this security 12 A. I don't know.
13 instrument must be in writing." 13 Q. I think -- we can go back and watch
14 Q. Now, this may take us back to the 14 the video or the transcript, but I think you
15 beginning of this deposition. When it says 15 said that notice was provided to the Barnes
16 "must be," does that mean sometimes or does that 16 through their authorized third party that
17 mean it has to be in writing? 17 documents submitted within seven days may not
18 A. It has to be in writing. 18 stop the foreclosure. Did you remember saying
19 Q. Okay. And so given that that's what 19 that?
20 the mortgage says that Bank of America agreed to 20 A. I'm not sure that I used the word
21 when they serviced this loan and when they 21 "notice." And if I did, I was not intending to
22 became the investor of this loan, go back to 22 use it as defined in this security instrument.
23 Defendants' Exhibit 7, what's in writing does 23 I was simply stating that the record or

Page 183 Page 185

1 not say anything about seven days; do you still 1 servicing notes show or documents a call and
2 feel comfortable that verbally telling somebody 2 discussion informing them of the -- that the --
3 seven days makes up for this not having that in 3 that there was no guarantees. Based on the time
4 there? 4 that the package was sent, there was no
5 A. I don't know what a notice would be 5 guarantees that the foreclosure sale was going
6 defined as in this -- in the mortgage. It does 6 to be postponed. And then there was additional
7 -- I mean, we did send the foreclosure sale 7 discussion that it, in fact, was not getting
8 notice in writing. So I'm not really sure that 8 postponed and that the sale was happening as
9 the modification letter is the same as a notice 9 scheduled on the second.
10 according to the mortgage. 10 Q. So as the corporate representative
11 Q. Do you consider Defendants' Exhibit 11 of Bank of America, do you have an opinion about
12 7 to be a notice to the defendants, to the 12 whether that seven-day information provided to
13 Barnes? 13 the Barnes through their third party, was that
14 A. I'm not really sure. 14 considered a notice or not considered a notice?
15 Q. So look back at Paragraph 15 in that 15 A. I don't have an opinion or
16 mortgage. Does it say some of the notices, the 16 information on that.
17 majority of the notices or all of the notices? 17 Q. Looking at Defendants' Exhibit 7,
18 I think it's the very first word. 18 looking at Paragraph 15 of Defendants' Exhibit
19 A. It states "all notices." 19 1, the mortgage, does that give you any concern
20 Q. And I think if you go to the next 20 about the fact that the Barnes were not told in
21 sentence, it talks about any notice. Do you see 21 writing about the seven days?
22 that? 22 A. No.
23 A. Yes. 23 Q. And given that this resulted in a

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1 foreclosure of their house and ultimately being 1 set of documents, Defendants' Exhibit 9 -- and I
2 sued by a third party, looking back at it now, 2 think this is from the foreclosure firm, maybe a
3 does that give you any concern? 3 package from the foreclosure firm?
4 A. No. 4 (Defendants' Exhibit 9 was
5 Q. No doubt that Bank of America did 5 marked for identification.)
6 everything right in your mind? 6 Q. Is that your understanding?
7 A. I believe that we complied with all 7 A. Yes.
8 requirements, yes. 8 Q. Okay. Now, do you have any other
9 Q. Okay. So nothing to apologize to 9 documents that you brought with you?
10 the Barnes for? 10 A. I do not, no.
11 A. I -- I mean, I might personally feel 11 Q. Okay. So we sent a deposition
12 -- you know, we do feel for them, but I don't 12 notice, and we requested that you testify to
13 believe that under the laws as -- and what we're 13 certain areas and that you bring documents
14 required that there was any errors in the 14 responsive to those areas. Do you have any
15 foreclosure sale process. 15 policies and procedures that you brought?
16 Q. I've got some documents that I 16 A. I do not.
17 believe you provided your lawyer today or maybe 17 Q. How about a list of the breach
18 within the last few days. One I'm marking as 18 notices that have been sent in Alabama from 2014
19 Defendants' Exhibit 8, it's Fidelity National 19 to the present date?
20 Title. 20 A. I believe I testified over those --
21 (Defendants' Exhibit 8 was 21 that issue, but I don't have the -- I don't have
22 marked for identification.) 22 a list.
23 Q. Do you have a copy of these or is 23 Q. Okay. And, actually, I meant not

Page 187 Page 189

1 this your only copy? 1 just to the Barnes, I think we have all of those
2 A. I don't. 2 documents, but I'm talking about to any Alabama
3 Q. Okay. Thanks. And I've not had a 3 consumer. Did you bring the breach notices for
4 chance to look through these. With your 4 any Alabama consumer from 2014 to the present?
5 lawyer's permission, I will look through these 5 A. I did not, and -- but I -- but,
6 while Eddie asks you some questions. But just 6 again, I believe we -- I testified over --
7 tell me in general what are these documents. 7 because you had asked me about the changes in
8 A. My understanding is this is a 8 the breach letter template and that's what I
9 package of documents that have to do with the 9 testified over.
10 sale of the subject property out of REO. So 10 Q. Right.
11 this is the sale of the property from Bank of 11 A. Over the fact that the template has
12 America, N.A., to the -- 12 changed twice.
13 Q. W.A. Jones? 13 Q. Okay. And we're going to -- I'll
14 A. W.A. Jones. 14 tell you what, we will go ahead and talk about
15 Q. I was going to say third party, but 15 that and then we will come back to the
16 we've already used third party. Okay. 16 deposition notice.
17 A. And so it's a list of documents that 17 The ADA change, the Americans with
18 they signed as part of that sales contract and 18 Disabilities Act, I presume that you can confirm
19 listing and all that good stuff. 19 that would be a change nationwide; right?
20 MR. WATTS: Eddie, do you have a 20 A. I was simply given the information.
21 copy of these? It sounds like it may be 21 You know, I was told that it's changed twice
22 something you want to look at. 22 since the last -- since the operative breach
23 Q. (By Mr. Watts:) And then the other 23 letter in this case and that it was part of the

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1 ADA project, and I did not inquire any further 1 keep them by the loan file. So all of these
2 to -- 2 letters are in each individual loan file, so I'm
3 Q. Okay. 3 not sure -- I don't know how I would ever get
4 A. -- what that meant or whether it was 4 that information or how anybody could perform
5 a change to all of our letters or it was a 5 that search. I'm not sure.
6 change to just the Alabama letter. 6 Q. Well, and I'm -- I apologize. I
7 Q. Okay. So the ADA change, I think 7 didn't mean to talk about you physically doing
8 you said in 2016, would have at least been to 8 it. But let's see if we can agree on this: All
9 the Alabama breach letter and whether it went 9 these breach letters sent to Alabama in '14,
10 beyond that, you don't know? 10 '15, '16, '17 and '18 are template letters;
11 A. That's correct. 11 right?
12 Q. The 2018 change to the Alabama 12 A. Yes.
13 breach letter -- or maybe I should ask it -- was 13 Q. The vast majority created by the
14 that a change just to the Alabama breach letter 14 computer, perhaps a few that were generated by a
15 or nationwide that was a change? 15 human being but it would still be then generated
16 A. I only inquired about the Alabama 16 by the computer and it would pull in these data
17 breach letter, and so that was the response -- 17 fields and populate them with the person's name
18 those were the changes that were given to me, so 18 and address and the amount of the default and
19 I don't know if it was a global change or if it 19 the date the default was to be cured and all
20 was just an Alabama change. 20 that type of stuff, it's all done
21 Q. Okay. We just -- we know there was 21 electronically; right?
22 a change in Alabama 2018? 22 A. Yes.
23 A. Yes. 23 Q. So, I mean, nobody is over there

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1 Q. Okay. But you don't know what that 1 typing these on a typewriter; right?
2 change was? 2 A. That's correct.
3 A. No. 3 Q. Okay. So they are created within a
4 Q. Okay. And so you did not bring 4 computer system. And tell me the name of the
5 copies of all the breach notices sent to any 5 system again.
6 Alabama homeowner by you or your attorneys from 6 A. I don't know.
7 2014 til the present day? 7 Q. What's the platform?
8 A. I did not and believe that there 8 A. So the -- our servicing platform is
9 might be a privacy objection in there if there 9 AS/400.
10 was -- I can't provide information from other -- 10 Q. Is that what generates the letters?
11 for other homeowners. 11 A. We use a macro or some sort of
12 Q. Well, we have something called a 12 computer to -- program, as I understand it, to
13 protective order, we deal with this all the 13 pull from that system and create the lists that
14 time. But be that as it may, you didn't bring 14 are pulled nightly and -- but the -- as far as I
15 those documents, did you? 15 understand it, AS/400 does not -- you don't
16 A. I did not. 16 create the letter in that system.
17 Q. Now, if you wanted to find the 17 Q. Okay. So it's a separate system
18 breach letter sent in 2014, '15, '16, '17, '18 18 whether it's sitting on a server somewhere
19 to Alabama, would you have to go through a bunch 19 wherever it might be, but let me go back to
20 of manila folders, or could you find that on the 20 something you said. So there's a list that's
21 computer? 21 compiled every night of people that at least the
22 A. I would have no idea how to find 22 computer thinks needs to generate a breach
23 that. Our -- we keep electronic records, but we 23 letter for?

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1 A. Yes. 1 A. That's correct.


2 Q. Is that only for Alabama or for 2 Q. Okay. So is that information
3 across the country? 3 something that can be pulled from your computer?
4 A. As I understand it, it's nationwide. 4 A. I would have no -- I have no idea if
5 Q. Okay. Which would include Alabama 5 that's something that we -- I just have no idea.
6 certainly? 6 Q. Would I be correct in assuming that
7 A. Yes. 7 Bank of America does not keep a list of Alabama
8 Q. So there's a list every night of the 8 foreclosures on sticky notes, that it's in the
9 breach letters that need to go out at least in 9 computer?
10 Alabama? 10 A. I just don't -- I don't know if it's
11 A. Again, I'm not sure that it's a list 11 compiled at all or if it -- I just don't have
12 as you think about it. It's a program that we 12 enough information to know. I mean, it's not
13 run across our platform to pull it, so I'm not 13 something I have ever been asked to inquire
14 sure that that is retained or if it's just sort 14 about. I don't even know where I would begin on
15 of part of a -- you know, put into written -- 15 finding that information out.
16 you know, written and somehow pushed into 16 MR. WATTS: Okay. I am going to
17 another system that creates the template 17 take a break in just a minute, but I'm going to
18 letters. So I -- that's the part that I'm not 18 reserve my right to question her again or
19 sure if there's actually a list that ever gets 19 somebody else at Bank of America, so I will
20 generated that's legible or retained or if it's 20 leave this depo open until I get these documents
21 just, you know, a computer program thing. 21 or we sort that out on the areas here and the
22 Q. It probably doesn't disappear. But 22 documents. So if it is good with everybody, I'm
23 let me ask you this: Who at Bank of America 23 going to take a short break. Let me look

Page 195 Page 197

1 would know about how that works? And, again, 1 through my notes and I may be done at least
2 whether by name, title, position, who would know 2 while he asks questions -- and I do want to look
3 that? 3 at that lawyer one again. Let's see. This one,
4 A. I don't know. 4 thank you.
5 Q. If I wanted to ask somebody at Bank 5 Let's go off and take a quick break.
6 of America, "Hey, how do you compile this? How 6 THE VIDEOGRAPHER: We are off the
7 do you create the list? How do we find the past 7 record. The time is 3:25 p.m.
8 people in Alabama that you sent this to?" Would 8 (A short recess was taken.)
9 that be the IT department? Would that be the 9 THE VIDEOGRAPHER: This marks
10 breach department? 10 beginning of Videotape Number 5 of the
11 A. I don't know. I've -- this is not 11 deposition of Jessica Woodbridge. The time is
12 something I've ever had to look for before, so I 12 now 3:42 p.m.
13 have no idea how I would start with something 13 Q. (By Mr. Watts:) I've got some
14 like that. 14 follow-up questions and then I'll turn it over
15 Q. How about the list of all 15 to your lawyer and to Eddie.
16 foreclosures in Alabama from 2014 to the present 16 Is there a rule that an incomplete
17 date? I'm assuming you didn't bring any 17 application for lost mitigation will not get
18 documents for that? 18 sent to the underwriters? In other words, is it
19 A. I did not, and I believe that there 19 only complete applications that go to
20 were objections to that topic. 20 underwriters?
21 Q. That's okay. Your lawyer and I will 21 A. So my general understanding of the
22 deal with an objection. I'm just asking you -- 22 policy is that if the -- that there is some sort
23 because you're not here as a lawyer; right? 23 of check performed at the first stage, at a

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1 low-level employee stage. Once the documents 1 A. At least one portion or -- Bank of
2 are reviewed and that that check -- assuming the 2 America knew -- at least one department knew.
3 basic set of documents are in there that then it 3 I'm not sure about if -- what the loan
4 does go to the underwriter. If that check and 4 modification department would have access to and
5 that employee had just -- had determined that 5 whether they would know for certain that there
6 there was not -- you know, that they could see 6 was a foreclosure sale. I didn't see in there
7 that there was something missing for certain, 7 servicing notes that -- you know, I saw the
8 then I don't believe it goes to the underwriter. 8 communication, so they -- but I'm not sure that
9 It's only when it appears to be correct and then 9 I saw that they were informing -- actively
10 the underwriter is going to look into the 10 informing the -- or they -- it's just not
11 particular circumstances of the homeowner to 11 documented in that system that they had
12 determine whether they need -- there are certain 12 knowledge of the foreclosure sale date.
13 documents that only -- you know, that are based 13 Q. So who was it that verbally spoke
14 off of certain circumstances. 14 with Reliant and said, "Look, you're within
15 Q. And then Defendants' Exhibit 7, 15 seven days, we can't stop the foreclosure"? Was
16 what's the date on that? Is it July 27? 16 that the customer service person, the loan
17 A. Yes, 2016. 17 modification person? Who was that?
18 Q. And so July 28 would be one day, 29, 18 A. It was the CRM or the customer
19 30, 31, 1st, 2nd; so that was six days before 19 service representative -- customer relationship
20 the foreclosure? 20 manager.
21 A. Yes. 21 Q. Okay. So at least they could see
22 Q. Okay. Can you tell by the date of 22 that -- when the foreclosure happened because
23 that Defendants' Exhibit 7 when that package, 23 otherwise they wouldn't know whether it was

Page 199 Page 201

1 whether complete or incomplete, was received by 1 within seven days or 700 days?
2 Bank of America? 2 A. Yes.
3 A. From this letter, I do not believe 3 Q. And is it the CRM that received the
4 that it states for certain the day that the -- 4 -- the application documents or would that be a
5 that the financial documents or what triggered 5 different department?
6 this letter being sent was received. 6 A. So the application comes in to and
7 Q. I didn't know if it's always sent 7 gets processed -- gets uploaded -- gets scanned
8 the same day or if it's sent the next day or if 8 or uploaded into or added to the loan file
9 there is kind of a hard and fast rule about 9 depending I think if it's a fax it might not be
10 that? 10 -- you know, printed off and then rescanned in.
11 A. I'm not sure of the policy regarding 11 But it gets added to the loan file, and then the
12 when these letters get sent. I do -- I did see 12 notation triggers the review. And so the actual
13 from the combining this letter with our system 13 review is done by the loan modification
14 notes -- servicing notes that we documented the 14 department; it's not done by the CRM.
15 receipt -- you know, there was notations that 15 Q. So is the loan modification
16 documents were received on the 27th. 16 department kind of a more specialized version of
17 Q. Oh, on the 27th; the same day as 17 the CRM?
18 Defendants' Exhibit 7? 18 A. So the CRM is going to remain the
19 A. I believe so, yes. 19 single point of contact, whoever has been
20 Q. Okay. And so when Defendants' 20 identified as the single point of contact. And
21 Exhibit 7 was sent out, Bank of America knew 21 I'm not sure of the CRM specialized -- if
22 that the foreclosure was six days away? In 22 they're particular ones that get assigned for
23 other words, less than seven days away? 23 when they need a sole point of contact for a

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1 loan modification application and -- or whether 1 would make the decision and our policy is -- or
2 they're more sort of general list and then the 2 rule is with our investment properties that the
3 loan modification department is sort of a 3 seven days we have -- within seven days --
4 separate -- it's the same thing. The 4 having received a package within seven days that
5 underwriters work -- aren't going to be under 5 we still need to -- you know, it's all the -- we
6 the CRM or -- 6 have to have a short sale, we have to have had
7 Q. In that Defendants' Exhibit 7, and I 7 the loan reinstated or we have to have had the
8 apologize if you told me this before, who would 8 -- an approval on a modification in order to
9 have triggered that letter going out? Would it 9 postpone the sale when we -- when we're that
10 be the CRM or the lost mitigation people or the 10 close to a sale postponement.
11 underwriters or who would trigger Defendants' 11 Q. Okay. So it's not that it could be
12 Exhibit 7? 12 postponed and then the application reviewed,
13 A. As I understand it, the loan 13 it's -- it's automatically going to be denied
14 modification or lost mitigation department 14 unless there's already a short sale or a loan
15 triggers these letters. 15 modification approved, right, when you're within
16 Q. Okay. And help me understand this 16 seven days?
17 because I'm confused on it: You have Bank of 17 A. The postponement request will be
18 America saying, "we have to go talk to the 18 denied, it's not -- we will also at the same
19 investor because we're within seven days to see 19 time escalate the package -- the loan
20 if they'll stop the foreclosure. We put a 20 modification package to see if we can get it
21 postponement request to the investor, and I'm 21 through. It normally takes -- I mean, it's just
22 sorry, the investor said no." But the investor 22 a process. I think that we said that we could
23 is Bank of America. So Bank of America's 23 take more than -- no more than 30 days. So if

Page 203 Page 205

1 talking to itself and saying, "Will you do this? 1 we're used to a timeline of 30 days, being asked
2 No, I won't do this"? Or how does that work? 2 to do it under seven is going to require
3 A. We do not give the authority even on 3 escalation. And I did see that that was
4 our -- the loans that we service on our own 4 happening and it just -- unfortunately, we
5 behalf to -- for the frontline employee, the 5 couldn't make a decision in the timeline prior
6 CRM, to make that determination. We require 6 to the sale. And separate to that, we also
7 that they go to fill out as if they were 7 weren't going to move that sale.
8 speaking to a third-party investor. So we have 8 Q. So the application was not approved
9 a form that they talk to -- I believe the 9 and it was not denied; is that right?
10 presale foreclosure department is the department 10 A. My understanding is there was not
11 that makes the determination as to whether or 11 enough time to review it and then the sale
12 not they would postpone. 12 happened. And so at that point, the notes
13 So in our case -- so had it been an 13 indicate that there was no more work being
14 outside investor, they would have made the 14 performed on that package any longer.
15 postponement request internally and then that 15 Q. So the fact that if sent to an
16 person would be responsible for going to the 16 underwriter tells you that it was a complete
17 investor and actually asking the question. I 17 package or at least whoever sent to the
18 believe in this case because we are the investor 18 underwriter thought it was a complete package.
19 or at the very least it was under our corporate 19 And then that complete package was never ruled
20 structure, the investor, that they would have 20 on by the time of the foreclosure?
21 the delegated authority. So that individual 21 A. My understanding is given these
22 once reviewing the total -- they'd have a 22 circumstances -- and I can't recall because I
23 process that they would need to look at and they 23 don't have the notes right in front of me, the

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1 everything, but my understanding is that we sort 1 through before the second.


2 of expedited review of this particular package 2 Q. And the person that was asked about
3 by almost -- by sending it directly to the 3 postponing, I forget their title, what was their
4 underwriter without that review, because that 4 name again or their title, position?
5 initial review, I think, takes three or four 5 A. I understand -- so they would be --
6 days and then it goes to the underwriter, which 6 my understanding is whoever is dealing with the
7 would -- and so it -- we -- in order to try to 7 third party or the homeowner is a CRM, and so
8 expedite it, we just stuck it straight with the 8 they would be making the request to postpone.
9 underwriter and I don't think that I saw notes 9 It's -- the postponement is done through our
10 indicating whether the underwriter had made it 10 resale foreclosure department.
11 -- taken any action in that take period. It's 11 Q. And I'm sorry. I was just -- is it,
12 -- I can't recall. And, like I said, we would 12 like, a manager of the presale department? Or
13 need to look at the notes again. I can't recall 13 who decides whether to grant the postponement or
14 if there were more documents received on the 14 not?
15 first or if that was just some additional 15 A. I'm not exactly certain.
16 communication, but I recall something about the 16 Q. Okay. Whoever that person is, they
17 first -- of 8/1 being -- some more activity 17 would have access to be able to look at the file
18 happening on that day. 18 and see when the foreclosure is set, because
19 Q. So in evaluating the application, 19 they're being asked to postpone it, and to see
20 isn't all the information just run through a 20 when the documents were received, that's what's
21 computer program? I mean, are there human 21 prompting the postponement request, and they
22 beings looking at this saying, you know, let's 22 could also see that Defendants' Exhibit 7 had
23 approve it or let's not, or is it an automatic 23 been sent; correct?

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1 process? 1 A. I don't have any information about


2 A. I'm not exactly certain. I know we 2 what they would have access to.
3 do have a -- there are certain parts of it 3 Q. Well, it wouldn't make sense for
4 that's automated; there are other parts that 4 them to not be able to see what letters were
5 somebody's going to need to review to actually 5 sent?
6 read the document to see what it contains to be 6 A. I honestly don't know what they --
7 able to upload the financial information, for 7 what that individual would have access to or
8 example, to see -- and I know that individuals 8 what they would -- I'm not sure -- I don't know
9 have to review, for example, the checking 9 what their access --
10 account -- the monthly statements to -- because 10 Q. Okay.
11 we don't have -- we're not using, like, AI or 11 A. -- to our systems would be.
12 something to read it to determine -- because we 12 Q. Have you ever seen a postponement
13 need to see information on there, so there has 13 granted when the application comes in less than
14 be a person reviewing these packages. 14 seven days before foreclosure when Bank of
15 Q. And even given the deadline of 15 America is the investor?
16 August 2nd, the foreclosure where the Barnes 16 A. I have not -- I can't recall a time.
17 would lose ownership of their house, there 17 There might have been -- I think I have seen a
18 wasn't enough time to -- whatever the humans 18 postponement but it was in a different state.
19 need to do at Bank of America to feed that into 19 California, for example, has their own -- the
20 the computer? 20 homeowner bill -- their homeowner bill of rights
21 A. That's correct. Despite expediting 21 which would override any internal decisions or
22 this and trying our best to get it through our 22 any other state laws or any other federal or
23 process as fast as possible, we could not get it 23 whatever requirements with the seven days.

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1 Q. Okay. 1 tax returns or more bank statements or whatever,


2 A. So I know that I've seen them -- I 2 but that's kind of the choice, they're either --
3 think that we have to in that state do it if we 3 it's complete or we need more documents?
4 get anything, like, the day before, I mean, we 4 A. Yes.
5 have to -- we just -- it's very difficult there, 5 Q. Okay. And you mentioned something
6 but I haven't seen it in Alabama. 6 about a first filing, which I think I understand
7 Q. Okay. And do you recall when that 7 that in a judicial foreclosure state. But what
8 package was sent to underwriting? Was it the 8 would be a first filing in a nonjudicial state,
9 same day it was received or the following day? 9 like Alabama?
10 A. I don't recall without the notes in 10 A. Again, I don't know Alabama
11 front of me. 11 foreclosure law in particular. I know in some
12 Q. Okay. But in your review of those 12 states the first -- like, we have to send out or
13 notes, they appear to be accurate as far as the 13 record certain notices. And so once, like, a
14 dates of what's happening? 14 recording -- once we start on a -- you know,
15 A. As far -- yes, yes. 15 intent -- I forget all the different
16 Q. Okay. And I just want to ask you 16 terminology. I'm thinking of other -- some of
17 one question about the complete package. That's 17 the other states when we have deeds of trust
18 when all documents requested have been provided; 18 where we have to do, you know, notice of intent
19 correct? 19 to foreclose and then we have to file a notice
20 A. It's when all documents requested 20 of sale and things like that. And so some
21 have been provided, and I believe no additional 21 states consider there to be a first filing when
22 documents -- so it's not -- so just because we 22 the first document being recording is part of
23 have incomplete information that is sent and 23 the foreclosure process.

Page 211 Page 213

1 then they provide those documents does not mean 1 Q. Okay. When somebody is sending a
2 that we won't have additional follow-ups because 2 breach letter, I understand there's a template.
3 of once we receive those documents we might need 3 Do they have to sort of use you mentioned
4 to have more questions and might need to 4 drop-down menus. Do they use a drop-down menu
5 continue. But I believe it's when we send the 5 and say Alabama or would that automatically be
6 letters saying that we have a complete package 6 in the system that this is an Alabama place so
7 is when -- 7 we're sending the Alabama breach letter?
8 Q. And that's what Defendants' Exhibit 8 A. I don't know.
9 7 is contemplating, you will get a letter that 9 Q. Okay. Do you know what required
10 says give us more documents or everything is 10 changes were put on Bank of America with the
11 complete? 11 National Mortgage Settlement?
12 A. Yes. But, like I said, the more 12 A. I am not that familiar with the
13 documents does not mean once those -- if 13 changes, no.
14 there's, like, two documents there, once those 14 Q. You understand one of the changes is
15 two are submitted then it's a complete package. 15 that you have to be truthful and honest and not
16 The underwriter could still say, "I don't 16 misrepresent things to your borrowers; right?
17 understand. Like, I need another document." 17 A. I'm not sure that I've ever had that
18 Q. Right. 18 pointed out to me as part of the National
19 A. They can keep going on the 19 Mortgage Settlement.
20 incomplete package. 20 Q. Okay. Well, whether it's in the
21 Q. So you're sort of always at this 21 National Mortgage Settlement or not, you
22 fork where they could say, "Okay. Now it's 22 understand that you have an obligation to speak
23 actually complete," or we actually need now your 23 truthfully with, for example, folks in Alabama?

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1 A. Yes. 1 right before you foreclose?


2 Q. Okay. Do you understand that 2 A. Yes.
3 Mr. Barnes is a nurse? 3 Q. Okay. Because you understand a
4 A. I have reviewed his deposition 4 foreclosure results in a public record being
5 testimony in preparation for this, so I did see 5 filed against the person, whether it's a
6 that he says he's a nurse in there. 6 judicial state there would be a foreclosure or
7 Q. Okay. And his wife primarily takes 7 nonjudicial state there's a foreclosure deed
8 care of a special-needs child, did you -- 8 filed in Alabama; you understand that, don't
9 whether from the deposition or otherwise, did 9 you?
10 you know about that? 10 A. Yes.
11 A. Yes. 11 Q. And you understand that that
12 Q. Okay. What role did the fact that 12 foreclosure notation may appear on their credit
13 he's a nurse and they have a special-needs child 13 report?
14 play in the way that they were treated by Bank 14 A. Yes.
15 of America? 15 Q. And you understand that if they
16 A. I'm not sure that -- I mean, we 16 apply for a loan or an apartment or something
17 would treat all of our customers with the same 17 involving credit they may be asked a question,
18 care and attention, so I'm not sure that there 18 "Have you ever been foreclosed?" and they have
19 was -- you know, I'm not sure. I didn't see 19 to check yes. You understand that?
20 anywhere in the notes that we treated them 20 A. Yes.
21 differently because of that. 21 Q. And you understand that after a
22 Q. Okay. Because of his profession, 22 foreclosure if, for example, Bank of America
23 they were not treated worse than everybody else 23 buys the property, it may sue the person in

Page 215 Page 217

1 in Alabama that Bank of America deals with? 1 Alabama to eject them or evict them from the
2 A. Yes, that's -- no. For sure we 2 house. You understand that; don't you?
3 would not have treated them worse. 3 A. Yes.
4 Q. So Bank of America will treat a 4 Q. Or if it's sold to a third party, a
5 nurse the same as a teacher, as a minister, as a 5 third party may sue, as happened here, sue the
6 plumber, as a senior citizens, as a young 6 Barnes to eject them or evict them from the
7 person, married, single; you treat all of your 7 house. You understand that?
8 customers in Alabama the same way, is that what 8 A. Yes.
9 you're telling me? 9 Q. And if they lose that lawsuit, the
10 A. We would like to think that, yes, 10 sheriff comes and says, "We're dragging all your
11 for sure we do care and, you know, do the same 11 stuff out and we're going to physically take you
12 care and attention to all of our customers and 12 out of the house." You understand that, don't
13 treat them all the same way. Yes. 13 you?
14 Q. Okay. And we touched on this 14 A. I'm not sure that I know the exact
15 briefly and I just wanted to ask you a couple of 15 process of what happens after we get our
16 questions. When I say "you," I mean Bank of 16 judgment. But I understand overall, yes, that
17 America. You understand if there's a 17 if that is something that's allowed in Alabama,
18 foreclosure, that is a very serious matter in a 18 for a sheriff to physically remove property then
19 family's life; right? 19 -- and people, then that's what would happen,
20 A. Oh, yes. 20 yes.
21 Q. And that's one reason why you 21 Q. Okay. And if you -- let's back up a
22 understand you have an obligation to make 22 second. So the ejectment lawsuit is kind of the
23 absolutely sure that you're doing everything 23 end of the process, getting the judgment in the

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1 ejectment case. Now if we back up, there's a 1 can't accelerate. And then let me ask you this:
2 deed that transfers ownership from, for example, 2 If you don't send a breach letter, can you
3 the Barnes to Bank of America; right? 3 advertise for foreclosure?
4 A. Yes. 4 A. I'm not sure that our systems would
5 Q. Okay. If we back up before you get 5 allow us to do that, no.
6 the foreclosure deed, there's an actual 6 Q. Right. And regardless of your
7 foreclosure sale; right? 7 systems, Paragraph 22 of Defendants' Exhibit 1
8 A. Yes. 8 says you must send that breach letter; right?
9 Q. Before that, there's the foreclosure 9 A. Yes.
10 notice? 10 Q. Okay. So if you don't send that
11 A. Yes. 11 breach letter, you can't advertise for the
12 Q. And then if you back up from that 12 foreclosure. And you understand if you can't
13 it's acceleration and then before that it's what 13 advertise for the foreclosure, you cannot
14 we've been calling the breach letter? 14 conduct the actual foreclosure sale. You
15 A. Yes. I'm not that familiar -- or 15 understand that; don't you?
16 I'm not that familiar if there's a -- with 16 A. Yes.
17 acceleration, but the breach letter is what 17 Q. And if you can't do the foreclosure
18 triggers an acceleration. 18 sale, there's no deed that can be given to Bank
19 Q. Right. 19 of America or to a third party transferring
20 A. Yeah. 20 ownership. You understand that, don't you?
21 Q. So, in other words, if there's not a 21 A. That can be no foreclosure deed,
22 proper breach letter, then you can't accelerate 22 there's obviously --
23 the loan, can you? 23 Q. Right.

Page 219 Page 221

1 MR. GERHARDT: Object to the form. 1 A. I mean, there is means or mechanisms


2 A. I am -- know that Bank of America 2 to do a deed in lieu --
3 takes that step seriously and with our letters, 3 Q. Right.
4 but I -- if you're ask -- to the extent that 4 A. -- or something or a short sale. So
5 you're asking me for a legal conclusion about 5 there's ways to transfer deeds without the
6 the effect of a deficient breach letter and 6 foreclosure sale but there would not be a
7 being able to foreclose, I'm not sure. 7 foreclosure deed.
8 Q. (By Mr. Watts:) Well, let's say that 8 Q. Right. And without ownership being
9 no breach letter was sent, could you then 9 transferred to the Bank of America or to a third
10 accelerate the loan? 10 party, then there can be no ejectment lawsuit
11 A. I understand if there is not a 11 filed; right?
12 paragraph 22 provision that we can. 12 A. That would make sense to me, yes.
13 Q. Okay. Well, let's stick with the 13 Q. So it's tremendously important that
14 uniform instrument like we have here, 14 the breach letter be done and be done properly.
15 Defendants' Exhibit 1. If there's no breach 15 You agree with that, don't you?
16 letter then you can't accelerate, can you? 16 MR. GERHARDT: Object to form.
17 A. I'm not sure how we would be able to 17 A. Yes.
18 accelerate. 18 Q. (By Mr. Watts:) So instead of
19 Q. And we're putting aside that one 19 changing the language, why did Bank of America
20 paragraph that says if you try to sell the 20 just not copy and paste what Paragraph 22 says
21 property, but just for not paying, for not 21 in the breach letter rather than changing the
22 having insurance or whatever the breach may be, 22 language?
23 the default; if there's no breach letter, you 23 A. Again, as I stated before, we

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1 believe that that -- that our breach letter 1 MR. GERHARDT: Object to the form.
2 complied with the Paragraph 22, and I would have 2 A. I have never seen anything in any
3 no other answer other than we believe it to 3 state where we -- sending any letter to anybody
4 comply. 4 indicating that the breach letter was not -- was
5 Q. I understand you believe that it 5 bad or somehow -- yeah, that it was bad.
6 complies, but why change it in the first place? 6 Q. (By Mr. Watts:) And how many times
7 Why not just put what's in Paragraph 22 to be 7 has Bank of America gone to Alabama consumers
8 absolutely certain? 8 who received one of these breach letters before
9 A. I don't know. 9 2018 who also was foreclosed based on one of
10 Q. Do you think part of it is to make 10 those breach letters and said, "Hey, your
11 it confusing to the borrower so that they're not 11 foreclosure, it may be invalid because we sent
12 sure they have the right to reinstate, they're 12 you a defective breach letter"? How many times
13 not sure that they have the right to bring a 13 has that happened?
14 court action to assert a defense? 14 A. I am not aware of any time -- I'm
15 A. I do not believe that we would be -- 15 not personally aware of any time that that has
16 I do not believe that Bank of America would 16 happened.
17 intentionally try to do anything against our 17 Q. And that would be inconsistent with
18 homeowners. 18 Bank of America's policies and procedures to go
19 Q. I mean, that would be very bad, 19 to Alabama consumers and say, "Hey, we sent you
20 wouldn't it? 20 a defective breach letter. We may have
21 A. Yes. 21 foreclosed on you improperly"? That's not what
22 Q. I mean, if Bank of America is out 22 Bank of America does, is it?
23 there trying to confuse people before a 23 A. No. I don't believe that -- I don't

Page 223 Page 225

1 foreclosure to discourage them from reinstating 1 believe that if I -- I believe with our values
2 the loan or discourage them from bringing a 2 that had a -- had we believed or had we seen an
3 court action, that would not be consistent at 3 error or a mistake as egregious to undo or
4 all with being a good corporate citizen, would 4 resend a foreclosure, we absolutely would have
5 it? 5 done that. And so I don't -- and I don't think
6 A. That would not be consistent with 6 that that's -- I'm not agreeing on the -- that
7 our values. I do not believe that we did that 7 we wouldn't do that. We --
8 or we had any intention to be misleading or 8 Q. Okay.
9 intentionally -- you know, perform any intent. 9 A. I think that we would had we found
10 We wanted to comply and we believe that our -- 10 an error rescind a foreclosure.
11 that we complied with that Paragraph 22 and that 11 Q. So if Bank of America came to the
12 we were not misleading or confusing. 12 conclusion there are 20 or 220 or 1,020 or
13 Q. It would be shocking if Bank of 13 10,000 bad foreclosures in Alabama because of a
14 America changed the language to be confusing or 14 defective breach letter, then Bank of America
15 to mislead the consumer, wouldn't it? 15 would seek those people out and make that right?
16 A. Yes. And, again, it would be 16 Is that what you're telling me?
17 against our values as I understand them. 17 A. I mean, that's hard for me -- I
18 Q. Tell me how many people in Alabama 18 can't really speculate. I just -- I don't see
19 that received the breach notice at least before 19 that we -- you know, our position is not that
20 2018 when it was changed, how many of those 20 we've done anything, that our breach letters do
21 people has Bank of America gone to and said, 21 not comply. But, you know, to the extent -- I
22 "Hey, we sent you a bad breach letter. We just 22 -- so I don't know what we would have -- what we
23 want to let you know that"? 23 would do in those situations, how we would --

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1 how we would resolve and if there were any 1 MR. SEXTON: Do you want me to go?
2 errors, which I'm -- I don't believe that our 2 THE VIDEOGRAPHER: We're off the
3 position is that we have made any errors in the 3 record. The time is 4:18 p.m.
4 breach letter. 4 (A short recess was taken.)
5 Q. Right. Assuming there were errors 5 THE VIDEOGRAPHER: We are back on
6 and it had made the foreclosures invalid, what 6 the record. The time is 4:19 p.m.
7 would be consistent with Bank of America's 7 EXAMINATION
8 policies and procedures, to cover that up or to 8 BY MR. SEXTON:
9 go seek out those former homeowners and, say, 9 Q. Yes, ma'am. I met you earlier this
10 "We made a mistake. We want to make this 10 morning. My name is Eddie Sexton, and I
11 right"? What would be consistent with the 11 represent W.A. Jones Construction. And I may
12 values and policies and procedures of Bank of 12 just have a couple of questions for you
13 America? 13 depending on what your answers are.
14 A. I don't know. 14 Have you had a chance to review the
15 Q. I mean, if the foreclosures were 15 deed and closing documents for the sale from
16 wrong, wouldn't you think that Bank of America 16 Bank of America to W.A. Jones?
17 would rush to fix that and take care of those 17 A. I believe that I have reviewed a --
18 consumers that have been improperly foreclosed? 18 a package, I'm not sure if they are the -- I
19 A. I would -- I mean, it's just very 19 don't think I've seen the documents where Bank
20 hard. I don't see any policy or procedure where 20 of America, N.A., has executed just the
21 -- it's not a situation that's happened, and I'm 21 documents that were executed by W.A. Jones.
22 just not sure exactly what we would do to try to 22 Q. Have you seen a copy of the deed?
23 fix it. 23 A. I have seen a copy of the deed, yes.

Page 227 Page 229

1 Q. I thought you had told me -- maybe I 1 Q. Okay. I'm not going to mark it has
2 misunderstood, but I thought you told me earlier 2 an exhibit yet, but do you understand that
3 that if Bank of America realizes it's made a 3 Mr. Jones's company paid approximately $189,500
4 mistake, it's done something wrong and that's 4 for that property?
5 harmed a consumer that it would go fix that and 5 A. Yes.
6 make that right? 6 Q. Would you agree with me in your
7 A. That's what I personally believe 7 position as the corporate representative of Bank
8 would be consistent with our values, but I don't 8 of America that assuming the Barneses'
9 know, speaking as a corporate representative, 9 foreclosure was invalid, that Bank of America
10 exactly how we could -- what we would -- what 10 would be responsible to W.A. Jones for his
11 the steps were that we would take and how we 11 damages and have to refund his money paid for
12 would look at what we -- what we had done or 12 the property?
13 what was done. 13 MR. GERHARDT: Object to the form.
14 Q. You just don't know? 14 A. I don't know.
15 A. I just don't know. 15 Q. (By Mr. Sexton:) Do you have some
16 MR. WATTS: All right. Well, I 16 way -- I mean, some reason to think that if the
17 think that's what I've got. Again, I want to 17 foreclosure sale was invalid and Bank of America
18 reserve the right to continue this deposition 18 had no right to sell the property to Mr. Jones
19 based on the topics in the deposition notice and 19 or Mr. Jones' company that Bank of America would
20 the documents that were requested. I'm going to 20 have any reason to claim to be able to keep the
21 look through this Defendants' Exhibit 9, 21 purchase price paid for that property?
22 whatever order y'all want are going in, if 22 A. I don't know. I believe you're
23 that's okay with you. 23 asking me to draw a legal conclusion about the

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1 interpretation of all of the documents that were 1 MR. SEXTON: How do y'all want to
2 signed at the closing, and so I just don't -- I 2 number exhibits?
3 -- I, unfortunately, am not able to answer 3 MR. WATTS: Why don't you just be
4 whether or not we would -- what legally we were 4 the plaintiff, I guess?
5 allowed to keep or what was agreed to. 5 A. (By Mr. Sexton:) All right. I don't
6 Q. Well, I know you're not here as a 6 have an extra copy of this deed. But I'm going
7 lawyer. Tell me under what circumstance you 7 to show you what I've marked as Plaintiff's
8 believe that you could sell W.A. Jones a piece 8 Exhibit 1 and ask you if you've seen that
9 of property that the bank doesn't own and keep 9 before.
10 his money when he doesn't -- when he does not 10 (Plaintiff's Exhibit 1 was
11 get possession or ownership of the property? 11 marked for identification.)
12 A. I just don't have enough information 12 A. I believe that I have -- I believe
13 to know about that circumstance. I'm not saying 13 that it was something that we produced in --
14 that we would be able to or we wouldn't, I'm 14 this document, it does not have a Bates stamp on
15 just not -- I just don't have enough 15 it, but I believe I reviewed a deed that was
16 information. 16 produced by Bank of America.
17 Q. What about you personally? 17 Q. Okay. Flip over to the second page
18 A. Again, I don't know what the -- all 18 -- the third page. Does it have a signature
19 the documents were agreed to and how to draw 19 page?
20 that legal -- the legal interpretation of all of 20 A. Yes.
21 the documents that were signed as part of the 21 Q. And who is that signature from?
22 sale. And so it's just not clear to me what we 22 A. It appears to be Lori Michelle Case,
23 could do or not do. 23 an Assistant Vice President for Bank of America,

Page 231 Page 233

1 Q. Okay. Can you describe to me a 1 N.A.


2 circumstance in your mind that would allow you 2 Q. Okay. Do you have any reason to
3 to keep his money -- keep Mr. Jones's money when 3 dispute that that is the deed that was signed by
4 Bank of America sold him a piece of property 4 the Bank of America representative to W.A. Jones
5 they didn't own if the foreclosure was invalid? 5 Construction?
6 A. I don't know. 6 A. I do not.
7 Q. I have some more questions. Have 7 Q. Okay. Take a second to look at it
8 you ever seen any policies or been told by 8 and tell me if you can see anything in there
9 anybody at Bank of America that if we sell 9 that would allow Bank of America to keep W.A.
10 property to a third party that we've foreclosed 10 Jones Construction Company's money if the
11 upon that we're not going to undo that 11 foreclosure sale was invalid?
12 transaction and refund the people's money? 12 A. So to the extent that this document
13 A. I haven't seen a policy about that 13 states that the seller, which would be Bank of
14 either way. Whether -- again, all I understand 14 America, makes no representations or warranties
15 is that the sales contracts and all the 15 of any kind or nature other than those set above
16 documents signed as part of the closing would 16 whether expressed or implied by law or otherwise
17 dictate what we -- you know, what legally -- 17 concerning the condition or -- of the title of
18 remedies we would have, whether we're obligated 18 the property, that would be my only area that I
19 to repurchase the property, whether the third 19 would see in this particular document. Again, I
20 party is obligated to resell to us the property 20 saw there were several other documents --
21 regardless of the validity or invalidity of the 21 Q. Okay.
22 foreclosure, so. 22 A. -- signed around -- signed around
23 THE VIDEOGRAPHER: Alana? 23 the same time of the closing that could be

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1 dictating. And, again, I'm not trying to -- I'm 1 not seen a situation where the third party would
2 really just trying to say I don't know either 2 like to give the property back -- would like to
3 way about whether we could keep the money or we 3 sign over the property back to the bank in order
4 could not. As we sit here, I just don't have 4 to rescind the foreclosure and us refuse to
5 that information. 5 refund the money. For the most part, the
6 Q. Okay. What conditions of the title 6 third-party purchaser is wanting to hold on to
7 that are expressed above that paragraph do you 7 the title regardless of the condition --
8 see that would allow Bank of America to keep 8 regardless of the validity of the foreclosure
9 that money? 9 and not negotiate with the bank on refunding the
10 A. I'm not seeing anything. That's -- 10 money.
11 that's the only section that I understand from 11 Q. Would you agree with me that if the
12 having reviewed other deeds that just mean if 12 Bank of America foreclosure process and
13 there -- if there is no warranty then I'm not 13 procedures were invalid that they have no
14 sure if the condition of the property -- if the 14 interest in the property to sell and no right to
15 title of the property were not to be good, 15 sell the property to a third party?
16 whether we would be technically obligated to do 16 MR. GERHARDT: Object to the form.
17 anything about that if there's no warranty. 17 A. I'm not -- I am not sure I
18 That's my only -- but, again, I don't want to 18 understand how the title works in that
19 get into a legal conclusion about that. 19 situation --
20 Q. Okay. Who would make -- who would 20 Q. (By Mr. Sexton:) If the --
21 make that decision about whether or not you 21 A. -- where we have a foreclosure deed
22 would refund money for Bank of America? 22 out there and that a warranty deed or another
23 A. I would imagine -- well, if you're 23 deed how we can go about invalidating -- how we

Page 235 Page 237

1 asking about this particular case, it would be 1 clear that all up if the underlying foreclosure
2 -- we would rely on our attorneys to help us 2 is considered invalid.
3 make that decision. And I'm not sure who would 3 Q. You understand that Bank of America
4 make the ultimate decision, but since there's -- 4 is in invalid foreclosure situation obtains no
5 with the lawsuit now, it would -- and I'm sure 5 ownership interest in a property through a
6 involve a settlement. 6 foreclosure other than it would have already had
7 Q. What about an investor? Would an 7 as a mortgage holder?
8 investor be involved in that decision? 8 A. Again, I'm just not really certain
9 A. Not as it pertains to this 9 how the title works in those situations and
10 particular property since this property was 10 since, you know --
11 owned by Bank of America, N.A. 11 Q. So you think Bank of America maybe
12 Q. Have you seen instances where Bank 12 could have an invalid foreclosure and then sell
13 of America has had an invalid foreclosure 13 a property that it had a mortgage on and
14 situation where they had sold the property -- 14 dispossess the owners from that property?
15 where Bank of America had sold the property to a 15 A. I haven't seen a situation where a
16 third party and kept the money for the purchase 16 court has ruled our foreclosure invalid where we
17 price? 17 were -- where it's all been -- you know, other
18 A. I have seen situations where the 18 than, I guess, having to come to some sort of
19 third party has refused to relinquish title to 19 settlement where the third party who purchased
20 the property and so as a result were not 20 out of REO was -- you know, I just haven't seen
21 refunding the money even though we believe or 21 -- I just haven't seen that type of scenario.
22 understands -- our position is that the 22 It would involve -- there's kind of, like, two
23 underlying foreclosure is not valid. So I have 23 issues. There's the title issue, the deeds that

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1 are out there that are on the title, and then 1 A. No.
2 there's the foreclosure itself. And I'm not 2 Q. Where are you located?
3 really sure how they interplay if the 3 A. Out of Addison, Texas.
4 foreclosure is deemed to be not -- 4 Q. Are these files transferred to you
5 Q. Let me slow you down. I'm just 5 in some kind of magnetic recording or
6 asking you if the foreclosure sale should not 6 electronically recorded, or do you get the
7 have taken place and was determined by a court 7 actual hard copies?
8 to be invalid and an improper foreclosure, do 8 A. They're -- the case files -- we
9 you contend that Bank of America would still 9 maintain all of our documents electronically and
10 have an interest in that property that it could 10 so I get them assigned to me electronically.
11 sell to somebody? 11 Q. So, for example, in the Barnes case,
12 A. I believe it would be up to the 12 if you wanted to print out every document that
13 court to determine that. And if I said that we 13 you had on the Barnes case, you could just hit
14 don't, I suppose we didn't have interest at the 14 print on that category of documents?
15 time to sell so I'm assuming those deeds -- but, 15 A. So I manage the litigation file or
16 again, it's kind of getting into legal 16 the case, I'm responsible for that. So we could
17 conclusions. You're asking me to draw what 17 -- we could print out from my system. However,
18 would -- sort of legally what would happen. We 18 my system is made up of -- only of
19 would comply with whatever the court said we had 19 communications between our outside counsel and,
20 to do in order to get the title clear and 20 you know, me or whoever the specialist is on the
21 corrected to whomever should end up with it. 21 case.
22 Q. What is your actual job at Bank of 22 And then if you're talking about the
23 America? 23 loan file for the Barnes, there is an image

Page 239 Page 241

1 A. I am an assistant vice president 1 platform we call Document Image Portal, and you
2 consumer resolution associate. 2 could -- I believe there is a mechanism to go in
3 Q. What is that? 3 and select every document in there and print it
4 A. I maintain a portfolio of mortgage 4 off. I actually believe that to be what
5 loans that have some litigation on them. And I 5 happened in this case and what was produced in
6 work primarily by reviewing business records 6 this case.
7 with our in-house and outside counsel in 7 Q. You said you're responsible for the
8 resolving the litigation. And then I'm also 8 litigation of the files that are referred to you
9 available to testify in depositions, trials and 9 in your portfolio like the Barnes case; correct?
10 mediations. 10 A. This case actually isn't in my --
11 Q. Is there a document that gives a job 11 what I consider my portfolio. I'm here to
12 description for your job duties? 12 testify at the deposition. I've not been
13 A. Not that I'm aware of. 13 assigned to manage the litigation.
14 Q. Who told you what your job duties 14 Q. Okay. Who is assigned or
15 were? 15 responsible for the Barnes's case?
16 A. So I would have learned about my job 16 A. I -- I can't recall the person who
17 duties or they would have assigned to me -- my 17 does the day-to-day discussions with our
18 portfolio is assigned to me by my manager. 18 counsel.
19 Q. Who is your manager? 19 Q. When you are responsible for a case,
20 A. Her name is Terry Esposito. 20 does that give you the decision-making authority
21 Q. Where is she located? 21 to try to resolve a case or determine what --
22 A. In Jacksonville, Florida. 22 how to litigate a case?
23 Q. Is that where you're located? 23 A. So we communicate with our outside

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1 counsel and we would rely on them to assist us 1 Q. (By Mr. Sexton:) Prior to coming
2 plus our in-house counsel. But on certain 2 here today, had you ever seen the deposition
3 cases, the decision of whether to settle or not, 3 notice --
4 I mean, yes, I would -- we would -- I would be 4 A. Yes.
5 the person to at least whom outside counsel, if 5 Q. -- from -- when did you first see
6 they got a settlement demand, would approach me 6 it?
7 to ask if I wanted to do that. And then I would 7 A. I -- sorry. I wasn't sure if I
8 have to take it elsewhere in general unless it's 8 needed to pause or not. I believe I saw it
9 -- I think I have a little bit of settlement 9 maybe a week or so ago.
10 authority, but unless it's -- unless it's under 10 Q. What did you do with it, if
11 that limit, and I would still probably want to 11 anything?
12 speak -- talk it over with my manager before I 12 A. I read it and then I had a
13 agreed to settle a case, so. 13 discussion with counsel, which I obviously can't
14 Q. And I'm really asking you something 14 go into, but I had a meeting.
15 much more simple than that. But what I'd like 15 Q. I'm not asking you about that. Did
16 to know is who is responsible for making a 16 you meet or talk to anybody at Bank of America
17 decision about -- in this case about whether or 17 outside the presence of your counsel where you
18 not to refund money to Mr. Jones in the event 18 gathered documents or reviewed the categories or
19 this foreclosure's determined to be invalid? 19 anything of that nature?
20 A. I would -- I mean, if you needed to 20 A. I believe I spoke or e-mailed with
21 know that information, I would say absolutely 21 my manager about a particular entry and what
22 talk with our -- with our attorneys and they 22 that meant.
23 could pass that information to the decision 23 Q. What entry was that?

Page 243 Page 245

1 makers. In our -- in this particular case, I -- 1 A. So when the bid instructions were --
2 it -- because it would be part of a settlement 2 so I understood to be one of the issues the
3 at this stage, right, if they were interested, 3 question of how much -- why we bid what we bid
4 and I think there would be inside -- in-house 4 at our foreclosure sale. And so I could see how
5 counsel and -- 5 we made that determination but I didn't
6 Q. Okay. 6 understand -- or I could see that the
7 A. -- maybe some input from other 7 determination was made and I understood the
8 departments on deciding on as to whether to 8 process but we have to use something we called
9 refund the money. 9 REOV. And I didn't know what that was, so I
10 Q. I understand. You're put up as the 10 asked and got an answer.
11 corporate representative for Bank of America; is 11 Q. What was it?
12 that correct? 12 A. It's a proprietary Bank of America
13 A. Yes. 13 system and it models -- you input -- it predicts
14 Q. And you're the one that's supposed 14 the sales price based on the predictive sales
15 to know the most about this file other than 15 proceeds -- gross sales proceeds plus certain
16 anybody else or any other representative that 16 costs.
17 could be designated for that purpose; correct? 17 Q. How many other lawyers or other
18 MR. GERHARDT: Object to the form. 18 employees -- all right. Back up. Do you have
19 A. I understand that I was designated 19 to be a lawyer to be in your position?
20 as the corporate representative. I'm not sure 20 A. No.
21 the standards -- if it says I have to be the 21 Q. You just happen to be one; correct?
22 most knowledgeable in Alabama then, yes, I am 22 A. Yes.
23 the most knowledgeable. 23 Q. Are most of the people in your

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1 position at Bank of America that are in a 1 A. I do not.


2 parallel or lateral positions, I guess, are they 2 Q. Do you know of any in Alabama that
3 lawyers? 3 have been set aside or vacated that were with
4 A. No. 4 Bank of America?
5 Q. Okay. How many other people are -- 5 A. I personally am not aware of any,
6 would be in a literal position at Bank of 6 but -- or that I can recall.
7 America? 7 Q. Have you ever heard that, that they
8 A. I believe the people who have the 8 were?
9 same job title as me, I think that there's 9 A. I'm -- it's not something that I've
10 around 30 of us. 10 really discussed with anybody else or --
11 Q. Okay. And would they all handle the 11 Q. Do y'all have meetings between
12 same or a similar number of files as you do? 12 people in your lateral job?
13 A. I don't know that they don't handle 13 A. Yes.
14 the same number. I'm not really privy of the 14 Q. Seminars, things like that?
15 amount that they handle portfolio-wise. They're 15 A. No, not -- not seminars. We just
16 in the same -- they're the -- on the same team 16 have -- we have meetings, I think, once or twice
17 that's available to travel for the depositions, 17 a month.
18 trials and mediations. 18 Q. Do you do any continuing education
19 Q. Okay. So is that mainly what you do 19 to keep up-to-date with what the requirements
20 is you just look over a file -- you said 20 are for foreclosures, for notices, for various
21 responsible for it, but you look over a file and 21 things like that related to mortgages?
22 then come and give a deposition about what you 22 A. We do annual compliance training and
23 saw in there? 23 -- which is more kind of top level. I'm not

Page 247 Page 249

1 A. No. I would say that less -- at 1 aware -- or my department doesn't currently, as


2 this point, less than 50 percent of my time is 2 I understand it, have any sort of ongoing annual
3 spent on the cases on which I travel or attend 3 training or anything to update us on how we
4 events for. The other half of the time is spent 4 conduct our positions.
5 managing the cases I have. 5 Q. Okay. So --
6 Q. Okay. But as I understand it, you 6 THE VIDEOGRAPHER: We need to change
7 don't have any decision-making authority for 7 tapes.
8 those files; correct? 8 MR. SEXTON: Okay.
9 A. No, that's not correct. 9 THE VIDEOGRAPHER: This ends
10 Q. Okay. Well, what decision authority 10 Videotape Number 5 of the deposition of Jessica
11 do you have for those files? 11 Woodbridge. The time is 4:44 p.m.
12 A. Again, these are all cases with 12 (A short recess was taken.)
13 litigation where we're represented by counsel. 13 THE VIDEOGRAPHER: This marks
14 And so to the extent that counsel comes to me 14 beginning of Videotape Number 6 of the
15 and has -- needs some case direction that the 15 deposition of Jessica Woodbridge. The time is
16 bank needs to provide, then that's what I would 16 now 4:48 p.m.
17 do ultimately. I might have to reach out 17 Q. (By Mr. Sexton:) Do you know or have
18 depending on what they're asking, but I can 18 you seen any information that will give you an
19 settle cases and, yeah, provide some settlement 19 idea of when this loan was purchased by -- I
20 authority. 20 mean, by Bank of America?
21 Q. Do you know how many foreclosures in 21 A. Yes.
22 Alabama have been either set aside as invalid or 22 Q. When was that?
23 vacated? Do you have any estimate about that? 23 A. I show that we purchased it or we

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1 became the investor on 1/25/2013. And that I 1 A. I don't -- I think sometimes I can
2 guess prior to that -- I think we had already 2 see servicing notes saying something, but in
3 discussed prior to that it looks like 3 this particular loan file, I did not see any
4 Countrywide -- this was a correspondent lending 4 notes indicating any reason given for why there
5 loan, so that Countrywide sort of, I think, 5 was the ownership transfer.
6 within the same month -- it was transferred to 6 Q. Tell me what kind of training or
7 Countrywide within the same month of 7 education Bank of America provided to you prior
8 origination. And then it was sold to Fannie 8 to your employment that would in any way assist
9 Mae, so from that -- so roughly either -- either 9 you in determining whether or not a mortgage was
10 May or June of 2006 until that 1/25/2013 it was 10 valid or a foreclosure was valid or the
11 owned by Fannie and then it went to Bank of 11 procedures and processes that led up to a
12 America, N.A. 12 foreclosure were it valid?
13 Q. Okay. Did Bank of America require 13 A. So you're asking me what Bank of
14 it as any part of a lump sum of loans or 14 America trained me on prior to being employed
15 mortgages or was this one handled on an 15 with Bank of America?
16 individual basis? 16 Q. Prior to or after.
17 A. I don't know. If you're talking 17 A. So I did receive training when I was
18 about the 2013 date, yeah, I don't know. 18 first employed.
19 Q. Did you see anything unusual in 19 Q. How long did that last?
20 reviewing the file about the way Bank of America 20 A. I believe -- so that year, I think I
21 took it over or any problems with the loan prior 21 had a week training maybe when I first
22 to Bank of America taking it over? 22 onboarded. And then, for whatever reason, we --
23 A. I'm not sure that I reviewed that 23 they decided to sort of retrain everybody in the

Page 251 Page 253

1 information in preparation for this deposition, 1 entire department, and that was -- I -- this all
2 but I did not see anything in any of the 2 happened -- I was employed starting in 2012, so
3 servicing notes indicating any reason why it was 3 it was a long time ago. And I recall there
4 repurchased or why we acquired it from Fannie 4 being, like, maybe 14 or 15 modules or -- it was
5 Mae. 5 a virtual -- it was a virtual instructor-like
6 Q. Who would know that information? 6 training so we all were trained again at the
7 A. I -- you know, I think that we're 7 same time on what the duties and
8 getting -- I think that it would -- likely to be 8 responsibilities of what a mortgage loan is and
9 part of a -- I think it might be legal 9 what --
10 department. I'm not really sure who would know. 10 Q. Were you --
11 I know we have a reps and warranties team, and 11 A. -- foreclosures are.
12 to the extent that it -- you know, I would be 12 Q. Sorry. Were you trained in any way
13 somewhat speculating as to that we acquired it 13 to be able to look at foreclosure notices and
14 under that system, that Fannie told us we had to 14 determine whether or not they complied with the
15 repurchase. But if we did it, that it would be 15 foreclosure or with the mortgage document?
16 there. It could have also been part of some 16 A. I don't recall any specific training
17 sort of settlement with them. I'm not really 17 on how we would determine that. I, again, had
18 sure. 18 -- believe that -- I don't know how I became or
19 Q. Okay. 19 under -- became to the understanding that we
20 A. Again, I just didn't look into the 20 comply with those -- with the mortgage
21 circumstances surrounding why we acquired it. 21 documents, so --
22 Q. Would those records be included 22 Q. That was my question.
23 within the loan file? 23 A. That's kind of my understanding is

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1 I'm not -- I just can't recall where exactly I 1 provisions in the mortgage?
2 first heard it, whether it was part of that 2 A. I do not believe that I'm -- would
3 onboarding training or if it's just been 3 have -- or that I should be speaking because I
4 throughout the time when having to learn about 4 am not an expert or don't have any knowledge or
5 these issues, but I don't -- 5 should not be speaking about my -- any legal
6 Q. Because multiple times today you've 6 position -- legal analysis or conclusions.
7 said that you believe and you've heard and that 7 Q. Would you agree with me that Bank of
8 Bank of America complies with the mortgages in 8 America's representatives at least referenced
9 as far as their foreclosure procedures go; is 9 and represented to W.A. Jones Construction that
10 that fair? 10 it had the right to sell the property prior to
11 A. Yes. 11 him purchasing it or his company purchasing it?
12 Q. Where did you get that information, 12 A. I am not exactly sure what we told
13 that they complied? 13 W.A. Jones.
14 A. I believe that part of that would 14 Q. You've seen the deed; right?
15 have been from these trainings, you know, the 15 A. Yes.
16 onboarding training that I received about 16 Q. They signed it; correct? Bank of
17 foreclosures. I also believe there to be -- I 17 America signed it?
18 think I have to do -- or I know that I've taken 18 A. Yes.
19 some annual compliance training about -- I 19 Q. And they say they transferred it;
20 believe about foreclosures and the mortgage -- 20 right?
21 how a foreclosure works -- you know, a top 21 A. Yes.
22 level, how a generic foreclosure would work. 22 Q. Can you imagine that they wouldn't
23 And then, you know, just policies and procedures 23 have represented to him that they have the right

Page 255 Page 257

1 possibly through management. I'm not really 1 to transfer it and sell it?
2 exactly certain where I would have understood 2 A. I cannot think that we would not
3 that. 3 have -- but I -- but, again, I'm just not sure
4 I just don't -- I don't see why we 4 of what exactly we told anyone.
5 wouldn't want to comply with everything our -- 5 Q. Do you think any reasonable person
6 we -- that's what we intend to do. 6 would purchase a piece of property from anybody
7 Q. All right. And I understand that 7 and not have the understanding that those people
8 you think that they want to and you think that's 8 own the property to be able to sell it to them?
9 what the corporate mindset is. But as far as 9 A. I would not think that anyone would
10 actual compliance with a mortgage, as far as the 10 do that, no.
11 notice of requirements and things of that 11 Q. And Bank of America was representing
12 nature, you don't have any expertise in that, do 12 to Mr. Jones that they own that property and
13 you? 13 that they had taken it legally through
14 A. I am not being put forward as an 14 foreclosure. Would you agree with me that it's
15 expert, no. 15 reasonable for him to rely on what they told him
16 Q. But you don't have any expertise in 16 about that property?
17 that even if you were being put forward as an 17 A. Again, I can't speculate. I'm not
18 expert in that, do you? 18 sure what we exactly told anybody about this
19 A. I'm not sure I understand your 19 property other than I can see in the documents
20 question. 20 that we said that it was a foreclosure and that
21 Q. Do you think you have the legal 21 -- that we kind of weren't making any
22 ability to look at the notices and determine 22 conditions. So that it was known that it was a
23 whether or not they comply with the default 23 foreclosed-upon property and that we were not

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1 making any representations about the condition 1 believe that I've ever received a report about
2 of the property. 2 -- with -- containing anything with the number
3 Q. You're not saying that Bank of 3 like that.
4 America under any circumstances would sell a 4 Q. Do you get reports from time to time
5 piece of property to a third party that they 5 or memos from time to time, I mean, maybe not
6 didn't think they owned or that they thought 6 formal reports that talk about, "Oh, we're doing
7 they wrongfully foreclosed on, are you? 7 this wrong" or "We're doing that wrong" or "We
8 A. I do not believe we would do that, 8 need to watch this closer," things of that
9 no. 9 nature?
10 Q. And you don't expect that they did 10 MR. GERHARDT: Object to the form.
11 that here; correct? 11 A. I don't believe that I've seen
12 A. That's correct. 12 anything like that. I've, you know, seen
13 Q. So would you agree with me that Bank 13 situations where the only things that I -- that
14 of America and its employees and representatives 14 we would see are perhaps court rulings. So
15 had more information than Mr. Jones would have 15 with the -- if a certain state supreme court
16 about problems with their foreclosure process or 16 ruled a particular way, sometimes we get
17 defects in their foreclosure process? 17 information about a change that -- that -- in
18 A. That we have more information, yes. 18 our how we testify. And then I've also seen
19 Q. Okay. That if there had been a -- 19 things to the -- certain allegations that start
20 if there was, whatever, a lockstep problem in 20 popping up certain places, we might -- that
21 every foreclosure that Bank of America would 21 sometimes I have seen sort of discussions on how
22 have a lot more information about that than 22 to -- you know, that there was some sort of
23 Mr. Jones; correct? 23 trends coming somewhere.

Page 259 Page 261

1 A. Yes. 1 Q. (By Mr. Sexton:) You don't get


2 Q. Have you been involved in any or 2 regular memos advising you about what the
3 seen any mortgage foreclosures that were set 3 current state of the law is in different cases
4 aside in any other states? You said you had not 4 that you're over cases or responsible for when
5 in Alabama; what about anywhere else? 5 litigation is involved?
6 A. I am not sure that I've seen -- I 6 A. No, I do not.
7 just can't recall if I've seen a case or had a 7 Q. Did they just leave that up to you
8 case where the court set aside. I have seen 8 to do your own research and try to figure out
9 cases that we may have settled that way or may 9 what is in compliance and what is not in
10 have chosen to take certain actions and -- in 10 compliance?
11 the process of a litigated matter. But I can't 11 A. So we rely on our outside counsel,
12 recall or I just personally can't recall it or 12 and so I -- I guess I should say I can't think
13 think of a situation where -- 13 of any that I haven't received that didn't come
14 Q. Who -- who would know that, the 14 -- you know, sometimes the law firms will send
15 number of mortgages that have been declared or 15 things to their clients around about trends that
16 the number of mortgage foreclosures that have 16 they're seeing. I can't think that I -- I don't
17 been declared invalid or determined to be 17 think I'm on a particular attorney's Listserv,
18 invalid? 18 but occasionally I have seen those type of
19 A. I'm not sure. 19 things but those are all with counsel. And,
20 Q. You don't think they keep up with 20 like I said, we rely on our counsel to determine
21 that? Never seen any information, statistics, 21 trends in state laws and things like that.
22 anything like that? 22 Q. So is it fair to say absent some
23 A. I have never received or I do not 23 sort of litigation or claim against Bank of

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1 America that there is no real oversight about 1 lot of deferred maintenance on properties.
2 compliance as far as mortgage foreclosure 2 Q. Is that pretty common knowledge
3 process? 3 within the Bank of America?
4 MR. GERHARDT: Object to the form. 4 A. I don't know if it's common
5 A. No, that's not -- that's not 5 knowledge. I would speculate that my entire
6 accurate. 6 department -- that my department -- that the
7 Q. (By Mr. Sexton:) Okay. Was what is 7 employees of my department would agree with it,
8 in effect? What compliance procedures are in 8 but I can't speak to -- I mean, it's a very
9 effect? 9 large corporation -- what we would all
10 A. I mean, we have a whole compliance 10 understand conditions of properties.
11 department and we have internal controls -- 11 Q. And if Bank of America sells a piece
12 Q. Uh-huh. 12 of property to a third party that it had bought
13 A. -- and -- 13 at the foreclosure sale, you would -- would it
14 Q. What kind of information do they 14 be reasonable to expect them to -- the new
15 provide? 15 owners to have to come in and clean up the
16 A. So my department only handles 16 property, spend money repairing the property,
17 litigated files, so I don't know that I see that 17 insure the property and incur certain expenses?
18 stuff. But if you're talking about 18 A. I'm not sure that we really consider
19 foreclosures, that would be our compliance 19 either way, but we --
20 department and then the internal controls and 20 Q. You would expect that, wouldn't you?
21 processes within that department. We don't -- 21 A. To the extent that we know or have
22 my department only handles it once there's been 22 access to the property prior to the REO sale and
23 an answer filed in a complaint or a -- somebody 23 we know the condition or that we can see

Page 263 Page 265

1 has filed a complaint against us. We don't -- I 1 anything then, yes, I would imagine we would
2 don't see it -- we don't see a case if it's, for 2 know that.
3 example, a contested foreclosure; that's not 3 Q. Okay. And you have the general
4 going to come to my department. 4 knowledge that the general condition of
5 Q. So you don't have any personal 5 foreclosed properties is worse than other
6 knowledge of any compliance training or 6 properties?
7 education that people in other departments 7 A. Yes, yes. I could -- I believe
8 receive; correct? 8 that.
9 A. That's correct. 9 Q. In the litigation files that you've
10 Q. Are you familiar with the condition 10 reviewed or have reviewed -- let me back up.
11 of the vast majority of properties that get 11 How many litigation files involving allegations
12 foreclosed on and get taken over by the bank? 12 of wrongful foreclosure have you reviewed since
13 A. I have -- yes, I've heard 13 you've been at Bank of America?
14 discussions about the general conditions. 14 A. I have not kept track, but the vast
15 Q. Okay. Would you agree that 15 majority of the condition -- or I guess I
16 generally they may not be well maintained, they 16 shouldn't say that. So the vast majority of my
17 may need work, they may be damaged, things of 17 portfolio throughout the time, the six years
18 that nature? 18 that I've been -- nearly six years that I have
19 A. Yes. 19 been at Bank of America, N.A., have involved a
20 Q. And that certain repairs would have 20 foreclosure. And so whether it be an answer in
21 to be made to them before they could be 21 a foreclosure complaint or if it's filed as a
22 marketable and sold on a general basis? 22 wrong -- a technical wrongful foreclosure, I
23 A. Yes. We discover there's often a 23 would say the majority of our cases have to do

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1 with foreclosure. 1 what the current name of it is, but it would be


2 Q. Would you say you've reviewed 2 like an escalated complaints group or something
3 thousands? 3 to that effect.
4 A. Hundreds if not thousands, yes. 4 Q. Do you have any estimate as to how
5 Q. And would that be a like number for 5 many of those types of claims have been made
6 the other people in your lateral position? 6 against Bank of America since you've been there?
7 A. I don't know what they have in their 7 A. I do not. It's not -- it's not in
8 portfolio, but I would have no reason to believe 8 my department and so I -- it's not something
9 that their portfolio wouldn't roughly correlate 9 that I have looked for or given or told about.
10 to mine, that the majority of my loans in my 10 Q. Do you have any information or have
11 portfolios have been, you know, something 11 you seen any information in the Barneses' file
12 involving a foreclosure -- 12 about what actions Bank of America may have
13 Q. So -- 13 taken to determine that they had the right to
14 A. -- and allegations under that. 14 sell the property to W.A. Jones Construction?
15 Q. So the ones that you've reviewed are 15 A. Can you repeat the question?
16 only the ones where there's some type of, like, 16 Q. Uh-huh. I don't know if I can
17 judicial action or litigation involved? 17 exactly repeat it. What information have you
18 A. Yes. In order to come to our 18 seen in the Barneses' file that indicates
19 department, there has to be either -- we're a 19 anything Bank of America did to satisfy itself
20 defensive litigation group, so it has to either 20 that it had the right to sell the property to
21 be an answer or counterclaims in a -- it's 21 W.A. Jones Construction?
22 either we're the plaintiff or we're the 22 A. I can -- I'm not sure that I saw --
23 defendant. 23 that I have seen the piece after the foreclosure

Page 267 Page 269

1 Q. I understand. So if somebody like 1 sale. But prior to that, I can see that this
2 the Barnes would have complained about well, we 2 loan went to the foreclosure review committee,
3 got -- say, for example, that Defendants' 3 that there was a review of the file at that time
4 Exhibit 7, the notice about submitting the loan 4 to see whether the -- all conditions precedent
5 modification paperwork, if somebody like the 5 had been met to foreclose.
6 Barnes would not have gone all the way to 6 I can also see that there was a
7 litigation, like we are, if they would have 7 determination to send it to -- to refer it to
8 complained to Bank of America about, "Well, we 8 our foreclosure counsel and that there are
9 didn't know it. We thought you were going to 9 certain sort of check points along that route
10 foreclose or stop the foreclosure proceeding. 10 that they're required to inform us of. And then
11 It said that in this letter," would that -- 11 I could see that when it came -- I believe that
12 those kind of cases would be handled by who? 12 we do a 48-hour -- I know that there is a review
13 A. So, I mean, typically the homeowner 13 within 48 hours of the sale and that when --
14 would have called in, so it would have -- it 14 that's when the bid instructions are created.
15 would first start with the CRM and then we have 15 Q. Uh-huh.
16 a complaints procedure. Often, if it was 16 A. And there's also a review at that
17 something where they were kind of getting close 17 point to look to make sure and there's sort of
18 to a litigation or had expressed a lot of 18 like a go/no go of whether it's ready -- whether
19 difficulty, we do have an escalated -- 19 we need to postpone the sale or if it's ready to
20 Q. What -- what -- 20 go to sale based on certain, you know, criteria.
21 A. -- department or, you know, a -- 21 Q. What documents were reviewed in this
22 Q. What department would handle that? 22 case?
23 A. I can't recall the name of it -- 23 A. I know that we look at the FCRA --

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1 for FCRA information, so that's the -- to make 1 A. Did we? I am -- I thought that we
2 sure that they were not a military -- they're 2 -- I thought the sale was or the final --
3 not members on active duty in military on 3 finalization according to our notes I thought it
4 overseas deployment. And I could see that we 4 was --
5 reviewed to ensure that there was no -- that 5 Q. You've got the deed.
6 they weren't active in loan modification. I 6 A. Yes.
7 believe we reviewed to make sure there wasn't a 7 Q. What date does it have?
8 bankruptcy. And I'm not sure, but I believe 8 A. It says June 26, 2017.
9 though we also would have made sure that all 9 Q. And that's before the August 2nd
10 states compliance -- letter -- that it was ready 10 foreclosure date; correct?
11 to go to foreclosure sale, that any 11 A. Yes.
12 state-required actions had been taken. 12 Q. Do you know if the lawyer who
13 Q. Okay. Did you see in there any 13 performed the initial foreclosure on August 2nd,
14 information that would have included Defendants' 14 2016, was ever provided a copy of Defendants'
15 Exhibit 7 where it talks about staying 15 Exhibit Number 7 or was ever provided any -- any
16 foreclosures or stopping foreclosures after 16 of the notices that went to Reliant after they
17 submission of the loan modification documents? 17 requested not to be notified anymore?
18 A. So I believe that we did see a -- I 18 MR. GERHARDT: Eddie, I'm going to
19 did see a notation or they were suppose -- they 19 object to that because that, to me, sounds like
20 were to look for a -- actual, like, plan of a 20 you're asking what Bank of America sent to their
21 decision having been made and a plan being in 21 attorneys.
22 place, like a trial period plan -- a lost 22 MR. SEXTON: Well, I am.
23 mitigation plan or some sort being in place 23 MR. GERHARDT: Well, she doesn't

Page 271 Page 273

1 before the decision was to go forward -- before 1 need to answer that.


2 we gave the approval -- the final approval to go 2 MR. SEXTON: On what grounds?
3 to foreclosure sale. 3 MR. GERHARDT: On privileged
4 Q. Okay. Prior to giving the final 4 grounds.
5 approval to go to a third-party sale, would 5 MR. SEXTON: About whether or not
6 document Defendants' Exhibit Number 7 have been 6 they advised their attorney or provide documents
7 available to whoever made that decision at Bank 7 to them about the foreclosure?
8 of America? 8 MR. GERHARDT: Absolutely. The same
9 A. So I'm not sure which sale you're 9 objection.
10 asking about. 10 MR. SEXTON: I'm not asking about
11 Q. The sale to Mr. Jones's company, 11 advice or conversation.
12 W.A. Jones Construction, from the bank, Bank of 12 MR. GERHARDT: You asked whether
13 America. 13 they advised their attorneys.
14 A. I am not certain what exact 14 Q. (By Mr. Sexton:) Did you provide
15 processes the REO department would take before 15 this to your attorney prior to the foreclosure,
16 they chose to list the property other than I 16 Defendants' Exhibit 7?
17 believe we did not list before the ending of the 17 MR. GERHARDT: Same objection.
18 redemption period. And so to the extent that -- 18 Q. (By Mr. Sexton:) If you don't know.
19 I believe that that was a consideration or what 19 MR. SEXTON: If she don't know --
20 we were timing -- 20 A. I don't know.
21 Q. Okay. And in this case you did sign 21 Q. (By Mr. Sexton:) Do you think it
22 the deed before the redemption period, correct, 22 should have been provided to your attorney prior
23 or Bank of America signed it? 23 to the foreclosure?

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1 A. I don't know. 1 you don't have anything else?


2 Q. Do you know if it was ever 2 MR. SEXTON: Oh, no, I don't have
3 communicated to your attorney that no written 3 anything -- I don't have anything further for
4 notice was provided to the Barnes that the 4 her right now.
5 foreclosure was not going to be continued? 5 REEXAMINATION
6 MR. GERHARDT: Same objection. 6 BY MR. WATTS:
7 Eddie, I'm not trying to mess up your 7 Q. I'm just going to ask you a couple
8 questioning, but all of this is asking what she 8 of quick questions. You mentioned something
9 knows about what Bank of America told its 9 about a foreclosure review committee. Who is on
10 attorney. 10 that committee?
11 MR. SEXTON: I'm just asking what 11 A. I don't know.
12 was provided to; I'm not asking what his advice 12 Q. Well, I understand you may not know
13 was. 13 Bob Smith or Suzie Jones or whatever, but who
14 MR. GERHARDT: I'm going to object. 14 would be on that committee? Give me the
15 I mean, I object on the privilege grounds and 15 positions or titles.
16 I'm going to ask her not to answer. 16 A. I just understand it to be
17 MR. SEXTON: Are you going to 17 foreclosure review committee or it says our FRQ
18 instruct her not to answer? 18 or FRC in the servicing notes. And they don't,
19 MR. GERHARDT: Yes. 19 as far as I'm aware, identify any individual
20 Q. (By Mr. Sexton:) In connection with 20 making any decisions. I understood it to be
21 its purchase of the Barnes's loan from 21 part of the presale foreclosure department.
22 Countrywide, would Bank of America have any 22 Q. Do you know if the foreclosure
23 insurance coverage or any obligation from 23 review committee, is that one person? Is it a

Page 275 Page 277

1 Countrywide to indemnify them about any problems 1 room full of people or any idea?
2 with the loan or any subsequent action? 2 A. I would understand it to be a team,
3 A. So you're asking if the original 3 but I'm not certain for each individual loan
4 lender and Countrywide had an agreement of some 4 whether it's just one person looking at the loan
5 sort? 5 or whether, you know, they're getting together
6 Q. Yeah. If Bank of America and 6 or there was multiple people or there's QA. I'm
7 Countrywide have any agreement about 7 just not really that familiar with how they --
8 Countrywide's got to indemnify as for this or 8 how that team or -- is made up or committee.
9 that or anything of that nature, if you know? 9 Q. And QA is quality assurance?
10 A. So Countrywide and -- was acquired 10 A. Yes.
11 by Bank of America Corporation, and so I'm not 11 Q. Okay. Would it be safe to say that
12 really sure about what -- I mean, they -- I'm 12 the people on the foreclosure review committee
13 not really sure how or what happens during that 13 would be at a higher level than the CRM, the
14 merger and whether there would be any 14 customer relation person?
15 indemnification when -- with one entity becoming 15 A. I'm not certain that we divide the
16 another or merging the two together. 16 company that way. So they could be at the same
17 MR. SEXTON: Can we take a 17 technical -- like, the same level employee, it's
18 two-minute break? I may be through. 18 just different job functions. These would be
19 THE VIDEOGRAPHER: We're off the 19 individuals that have -- would have the job and
20 record. The time is 5:18 p.m. 20 training to review files to ensure that all
21 (A short recess was taken.) 21 conditions precedent have been met and that it
22 THE VIDEOGRAPHER: We're back on the 22 was time to move it to the foreclosure and refer
23 record. The time is 5:19 p.m. Just out loud -- 23 it out to attorneys.

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1 Q. Is that the same as that 48-hour 1 A. Again, we rely on them to make sure
2 go/no go team or person or are those two 2 that our foreclosure -- I mean, they're supposed
3 different things? 3 to do the foreclosure and make sure that it's
4 A. I would understand it to be a 4 valid in the state in which they've been
5 different department or a different group who 5 retained to perform these actions. So all -- I
6 would be trained -- again, they're kind of 6 would -- all I know is that that's part of the
7 the -- part of that process is creating the bid 7 referal package and that we -- and that's sort
8 instructions. And so -- of that 48-hour review. 8 of the ultimate goal is to -- for them to do
9 And so they would be doing it. There would -- 9 things right. So to the extent that that's
10 it would be done at that time; the checklist 10 something that they need to do to review that
11 would be gone through. 11 letter, then that's something that would be up
12 Q. Okay. And I want to ask you a 12 to them or that we would be using them for.
13 question. I think you touched on this before, 13 Q. Okay. And the foreclosure review
14 but I want to make sure to give your lawyer a 14 committee, the go/no go meeting, those would
15 chance if he wants to object. I'm not trying to 15 also look at the breach letters; is that
16 get into something privileged, but I want to 16 correct?
17 make sure you listen to it. 17 A. I know that the foreclose -- I know
18 Did you tell me earlier today that 18 at the very least the foreclosure review
19 the foreclosure counsel, that Bank of America 19 committee would have looked at it and made sure
20 relies upon them for, among other things, to 20 -- well, they would have looked at it in the
21 look at the breach notices to determine whether 21 file and made sure that it was expired and
22 they comply with the law? 22 enforced, yes.
23 A. I'm not sure if I -- I'm not sure 23 Q. Okay. You're just not sure about

Page 279 Page 281

1 that I stated the foreclosure counsel does it. 1 that sort of go/no go 48-hour meeting?
2 I believe that I said that we do engage outside 2 A. I don't recall seeing the breach
3 counsel sometimes to look at our templates. 3 letter as a checklist item. It's -- they would
4 Q. Well, then let me ask you: In 4 be in the servicing notes what they were looking
5 Alabama, when you send a file to foreclosure 5 at on that final decision to go forward with the
6 counsel, as part of what they're supposed to do 6 foreclosure, and I just can't recall if I've
7 is to review the breach notice to see if it is 7 seen it then. It would not have gone past the
8 appropriate to proceed with foreclosure? 8 foreclosure review committee if there was not a
9 A. I'm not -- my understanding is that 9 breach letter in the file and that it was what
10 we rely on our foreclosure counsel to make the 10 we say expired and enforced, meaning that there
11 determination to -- they would need to -- to 11 had not been payments received, that the loan
12 proceed with foreclosure in this state and that 12 had not been reinstated after that date and that
13 all conditions met -- that we've met all 13 the -- the date had passed on the actual letter
14 conditions that they're -- and they're doing all 14 itself, so that the --
15 the steps proper in order to foreclose. I am -- 15 Q. That's a Paragraph 22 that says
16 I understand that they do receive that demand 16 you've got a certain date to cure the default
17 letter as part of the initial package -- 17 by, you want to make sure you're beyond that
18 referral package, but I am not certain what we 18 date?
19 task them to do with regards to that. 19 A. Yes.
20 Q. Okay. So you think they get the 20 Q. Okay. You mentioned something about
21 breach letter, you just don't know if they're 21 training. Have you received any training about
22 supposed to sort of give you a yes or no back on 22 Paragraph 22 and what a notice in a nonjudicial
23 that? 23 state must contain to comply with Paragraph 22?

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Page 282 Page 284

1 A. No. 1 identify and flag them and then from -- my


2 Q. Okay. Are you familiar with any 2 perspective, I don't think I have had any. I
3 case law that's come out, for example, in 3 think I might have worked over somebody else's
4 Alabama that talks about what would satisfy and 4 portfolio and they kind of -- so I don't know
5 what would not satisfy Paragraph 22? 5 what the end result -- but I believed it to be
6 A. My only knowledge about Paragraph 22 6 possibly getting pulled and put into a specialty
7 and allegations in Alabama come from discussions 7 group or something like that.
8 with my -- with counsel, so I'm -- 8 Q. Okay. But you didn't receive any
9 Q. Okay. Besides that, you're not 9 training about what the breach notice should say
10 familiar with any -- when I say "case law," I 10 in Massachusetts regarding Paragraph 22 or did
11 don't mean somebody filed a lawsuit but there's 11 you?
12 a reported decision from the Alabama Court of 12 A. So what I understood it to be --
13 Civil Appeals or the Alabama Supreme Court about 13 again, this is all involving complaints filed.
14 Paragraph 22? 14 So all we were looking at are my responsibility,
15 A. I am not aware of any internal 15 and the only issues that I received was
16 discussions or memos or e-mails or anything that 16 allegations. And so I believe that there might
17 I've received concerning case law in Alabama and 17 have been a little discussion in the directive
18 especially in particular regarding the Paragraph 18 that had to do with there being some concern
19 22. Anything that I would have received or any 19 over rulings or cases that had -- and judgments
20 knowledge comes from preparation for this 20 that had come out, and that being kind of --
21 deposition and possibly discussions with 21 that was the reason why we were doing this was
22 counsel. 22 so that -- and I guess the ultimate directive --
23 Q. And do you have any cases in 23 or what I actually understood what was happening

Page 283 Page 285

1 Massachusetts? 1 now that I think about it is that these were to


2 A. I do not have -- I do not believe in 2 be flagged so that our -- somebody in legal
3 my portfolio at current I have any cases in 3 could review and make decisions.
4 Massachusetts. 4 Q. Do you understand that the breach
5 Q. Have you received any training about 5 letter in Massachusetts was changed as a result
6 case decisions from Massachusetts about 6 of those court decisions?
7 Paragraph 22? 7 A. I really -- I'm not involved in that
8 A. I recall -- I'm not sure what 8 department, so I really haven't kept up with it
9 exactly we received, but I recall a directive in 9 other than, like I said, that little project and
10 my -- from my department about Massachusetts. 10 directive.
11 Q. What was the directive? 11 Q. Okay. So you don't know of any
12 A. Our directive was to review our case 12 changes made?
13 portfolio and that if we had any cases in 13 A. I do not.
14 Massachusetts, we were to review the allegations 14 Q. Two last questions: The deed from
15 made in that -- we were to review the 15 Bank of America to W.A. Jones, that was
16 allegations made in that case and if there were 16 something that Bank of America intended to do,
17 anything that hinted at a Paragraph 22 or -- it 17 they intended to transfer ownership from Bank of
18 was pretty -- pretty broad. I think -- I think 18 America to W.A. Jones and they intended that to
19 it's been a couple of years now possibly that we 19 be filed in the probate court; right?
20 did this project. But if I recall, it was 20 A. Yes.
21 something to do with -- they had certain 21 Q. Okay. And in order to do that,
22 language and then broader language and so there 22 first there had to be a foreclosure deed
23 were certain things and we were just supposed to 23 transferring ownership from the Barnes to Bank

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Page 286

1 of America, and Bank of America or their lawyers


2 prepared that and intended that to be filed in
3 the probate court; right?
4 A. Yes. I mean, if that's -- I'm not
5 -- again, not that familiar with the process in
6 Alabama. So if that's -- if you needed to file
7 something in probate court to get it recorded,
8 then that's what we were intending it to be an
9 ownership transfer both times, yes.
10 Q. Okay. And you intended it to be a
11 public record; right?
12 A. Yes.
13 MR. WATTS: Okay. That's all I
14 have.
15 MR. GERHARDT: Thank you.
16 MR. WATTS: Thank you.
17 THE VIDEOGRAPHER: This ends
18 Videotape Number 6 and the deposition of Jessica
19 Woodbridge as the 30(b)(6) Bank of America
20 representative. The time is 5:32 p.m.
21 (The deposition of Jessica
22 Woodbridge concluded at
23 5:32 p.m.)

Page 287
1 C E R T I F I C A T E
2
3 STATE OF ALABAMA )
4 JEFFERSON COUNTY )
5
6 I hereby certify that the above
7 and foregoing deposition was taken down
8 by me in stenotype, and the questions and
9 answers thereto were reduced to computer
10 print under my supervision, and that the
11 foregoing represents a true and correct
12 transcript of the deposition given by
13 said witness upon said hearing.
14
15 I further certify that I am
16 neither of counsel nor of kin to the
17 parties to the action, nor am I in
18 anywise interested in the result of said
19 cause.
20
21 ________________________
22 Alana Vines, Commissioner
23 ACCR #473

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74:13;75:1,2,11; 266:17;275:2 affirmative (1) 140:22;182:20;


$ 85:17;93:15;99:15; actions (4) 117:16 230:5,19;242:13
100:13;101:12; 259:10;268:12; after-the-fact (1) agreeing (3)
$189,500 (1) 103:23;107:8; 270:12;280:5 39:7 140:8;141:3;
229:3 109:7,15,20; active (2) again (90) 225:6
$3,286 (1) 111:14;112:7,20; 270:3,6 8:5;13:22;14:22; agreement (4)
71:12 114:21;218:13,17, actively (1) 23:1;27:13,15; 14:15;51:18;
18 200:9 28:18;29:11;30:2; 275:4,7
* accept (7) activity (1) 31:17;35:8,22; agreements (1)
51:11;112:22; 206:17 36:12;40:22;41:2; 51:14
*** (1) 113:14;114:11; actual (12) 42:18;43:7;46:10; ahead (4)
4:11 161:4;172:22;173:5 30:14;38:22; 47:13;48:16;53:21; 60:13,15;177:5;
accepting (1) 66:16;128:21; 54:14;56:5,13; 189:14
A 142:1 201:12;218:6; 57:20;58:10;59:12; AI (1)
access (16) 220:14;238:22; 61:19;67:21;69:2; 207:11
abide (1) 81:14,17,18,23; 240:7;255:10; 74:5;75:20;76:8,13; al (1)
23:3 82:6;83:23;124:8, 270:20;281:13 88:23;90:9,16; 6:22
ability (1) 15;134:13;136:10; actually (22) 95:20;97:6;98:16; Alabama (79)
255:22 200:4;208:17; 20:22;44:4;77:7; 104:2;105:8;106:4; 4:6;6:2,3,5,10;
able (14) 209:2,7,9;264:22 84:2;96:4;103:5; 110:2;130:1; 7:1;11:23;12:3,8;
59:18;61:16; accompanying (1) 109:10;124:2; 131:10;135:22; 30:17;34:20;35:4;
139:6;149:13; 170:20 136:22;143:3,10; 136:16;138:21; 37:20;44:9;46:9;
207:7;208:17; according (4) 144:17;164:18; 139:21;140:3; 47:4;48:1;52:22;
209:4;219:7,17; 178:18;183:10; 188:23;194:19; 144:3,18;145:15; 53:23;96:15,20;
229:20;230:3,14; 184:8;272:3 203:17;207:5; 147:18;153:23; 110:18,20;119:16;
253:13;257:8 account (16) 211:23,23;241:4, 159:8;163:15; 124:4;159:4,13;
above (3) 124:9,16;132:19; 10;284:23 165:20;180:5; 164:4,7;165:1,3;
6:12;233:15; 133:10;134:16; ADA (5) 181:22;189:6; 166:2;176:15;
234:7 135:4,19;136:17, 120:2,12;189:17; 193:5;194:11; 188:18;189:2,4;
above-referenced (1) 20;143:15;144:9; 190:1,7 195:1;196:18; 190:6,9,12,14,16,
136:10 145:5;147:17,22; added (2) 197:3;206:13; 20,22;191:6,19;
absent (1) 149:6;207:10 201:8,11 208:4;212:10; 192:9;194:2,5,10;
261:22 accurate (6) Addison (1) 221:23;223:16; 195:8,16;196:7;
absolute (1) 73:20;107:2; 240:3 227:17;230:18; 210:6;212:9,10;
114:12 151:3,7;210:13; additional (8) 231:14;233:19; 213:5,6,7,23;215:1,
absolutely (6) 262:6 61:17;146:1; 234:1,18;237:8; 8;216:8;217:1,17;
150:11;215:23; acknowledging (1) 172:11;174:13; 238:16;247:12; 223:18;224:7,19;
222:8;225:4; 157:15 185:6;206:15; 251:20;253:6,17; 225:13;243:22;
242:21;273:8 acknowledgment (3) 210:21;211:2 257:3,17;278:6; 247:22;248:2;
accelerate (12) 143:2;157:12; additionally (2) 280:1;284:13;286:5 259:5;279:5;282:4,
14:9;18:5;33:9; 172:17 42:4;67:23 against (9) 7,12,13,17;286:6
39:15;81:11;94:19; acquired (6) address (18) 10:5;28:11; Alabama's (1)
106:17;218:22; 52:11;71:1; 14:20;31:12; 165:9;216:5; 30:19
219:10,16,18;220:1 251:4,13,21;275:10 38:8,8;124:3,18; 222:17;223:17; Alana (2)
accelerated (13) across (6) 132:4,12;138:1,7,9, 261:23;263:1;268:6 6:1;231:23
71:17,18,21; 34:16;35:12,19; 19;139:2,5;143:14; agencies (1) Ali (1)
72:17;74:4;85:5; 40:12;194:3,13 145:1,6;192:18 92:6 4:9
93:9;95:20;97:18, Act (2) addresses (1) ago (2) allegations (15)
19;100:10;104:20; 120:4;189:18 138:11 244:9;253:3 80:19;89:19;
106:7 acting (1) advance (1) agree (24) 90:3,21;91:2,6,10;
accelerates (1) 6:3 42:23 28:5;36:7;45:19; 92:1;260:19;
19:4 Action (40) advertise (3) 55:10;56:6;80:21; 265:11;266:14;
accelerating (2) 6:22;9:18;19:14; 220:3,11,13 88:1,15;92:12; 282:7;283:14,16;
16:23;97:20 25:23;29:2;55:18; advertisement (1) 140:11,13;165:14; 284:16
Acceleration (50) 57:2;58:3;61:13; 49:19 166:12;173:15; allow (7)
12:23;13:14; 62:17;63:1;75:9,16; advice (2) 184:6;192:8; 75:3;110:15;
14:14,17;15:19,21; 76:20,22;77:21,22; 273:11;274:12 221:15;229:6; 130:17;220:5;
16:6;18:10,17; 86:21;87:8;93:16; advised (3) 236:11;256:7; 231:2;233:9;234:8
19:19;26:6,20; 98:16,20,23;105:9, 151:18;273:6,13 257:14;258:13; allowed (3)
29:20;55:17,20; 12;107:13;117:3,8, advising (1) 263:15;264:7 112:17;217:17;
57:1,4,17,19;58:2,5, 11,13,16,20,22; 261:2 agreed (9) 230:5
9;61:12;62:13,23; 118:4,8;206:11; affairs (1) 50:16;53:4; almost (2)
67:5;72:11,18,23; 222:14;223:3; 10:14 56:12;58:19; 21:14;206:3

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along (8) 133:5;134:11; amounts (2) 129:10;131:19 48:20;54:4;87:1;


14:12;71:14; 135:4,12,18;138:3, 23:22;112:9 approach (1) 172:20
98:2;158:7;167:21; 7;139:11,15,18; analysis (9) 242:6 assuming (15)
171:16;178:6;269:9 140:1;141:11; 18:3;34:12; appropriate (2) 8:23;11:12;
alter (2) 142:20;144:7; 56:15;58:12,12,16; 147:4;279:8 48:20;85:3;156:13;
54:2,5 147:10,14;148:22; 59:3;80:4;256:6 approval (13) 169:11,15,19;
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36:12;110:3; 18;151:12,14,22; 98:15 13;165:17,18,19; 196:6;198:2;226:5;
173:21 152:8,13,15; annual (3) 166:5;204:8;271:2, 229:8;238:15
always (7) 153:18;154:12; 248:22;249:2; 2,5 assurance (2)
78:11;79:17; 157:1;161:7,11; 254:19 approve (1) 41:21;277:9
98:4;115:11; 162:9;166:4,6; answered (2) 206:23 attempts (1)
120:23;199:7; 172:21;173:3,6,19; 104:3;115:14 approved (2) 15:3
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116:13;131:17 179:7;180:14,16; anticipation (1) 6:11;229:3 attention (2)
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6:17,21;7:7;8:9, 186:5;187:12; anymore (2) 85:1;139:8; Attorney (12)
12;12:7;13:20; 194:23;195:6; 123:1;272:17 144:2,7,18,21; 4:3;10:18;31:20;
14:5;16:3,5,15,22; 196:7,19;199:2,21; apartment (1) 145:3;146:7,11 53:23;60:2,4;155:6;
17:7,11,16,17,18; 200:2;202:18,23; 216:16 Arant (1) 273:6,15,22;274:3,
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4;20:3,8,9,13,16,20, 213:10;214:15; 39:10;79:7; archive (1) attorney/client (2)
23;21:4,17,22; 215:1,4,17;216:22; 186:9;192:6;202:8 84:9 68:3;155:2
22:22,23;23:7;24:3, 218:3;219:2; apparently (3) archived (1) attorneys (13)
5,15,23;25:2,4,6,11, 220:19;221:9,19; 137:20;157:7; 84:3 7:2;37:7;68:1,10,
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33:4,7,11;34:19; 16;227:3;228:16, appear (8) 233:18 273:13;277:23
35:11,20;40:3,4; 20;229:8,9,17,19; 77:2;101:5; areas (3) attorney's (1)
44:5,6,22;45:19; 231:4,9;232:16,23; 103:15,17;121:11; 188:13,14;196:21 261:17
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13;50:1,15,18,20; 22;235:11,13,15; 216:12 9:6;21:5;233:22, 50:1,9,12;53:9
51:3,5,9,10;52:16, 236:12;237:3,11; appearance (1) 22;246:10;261:15 August (17)
21;53:2,10,13,18; 238:9,23;243:11; 61:6 AS/400 (3) 6:8;7:1;123:15;
54:6,14,22;55:11; 244:16;245:12; APPEARING (1) 41:19;193:9,15 127:8;128:5;137:3,
56:12;58:17,20,22, 246:1,7;248:4; 4:8 aside (9) 5,6,8,14;141:10;
23;60:5;61:21; 249:20;250:12,13, appears (8) 49:16;62:9;90:2; 147:1,8;153:2;
62:11;63:6,11,16, 20,22;252:7,14,15; 76:10,10;114:22; 120:12;219:19; 207:16;272:9,13
17;64:4,15,18; 254:8;256:17; 131:3;135:6,7; 247:22;248:3; author (1)
65:17,20;66:1,3,4, 257:11;258:4,14, 198:9;232:22 259:4,8 148:7
19,21,23;67:19; 21;262:1;264:3,11; applicable (5) aspects (1) authority (9)
68:20,20;69:15; 265:13,19;267:8; 14:18;163:4,8,23; 65:12 37:17;42:14;
70:7,19,20,22;71:1, 268:6,12,19;271:8, 173:22 assert (9) 203:3,21;241:20;
8;73:5,22;74:17; 13,23;272:20; Application (18) 55:18;57:2;58:3; 242:10;247:7,10,20
75:19;76:14,18; 274:9,22;275:6,11; 23:14;163:7; 75:10;86:22;93:17; authorization (28)
77:9;78:17,18,21; 278:19;285:15,16, 167:5;173:20; 96:7;97:14;222:14 121:21;122:2,3,7,
79:9,16,19,22;82:4; 18;286:1,1,19 175:3,5,7;176:2,6; assigned (6) 11,13,16,19;125:9;
83:7;84:12;85:10; Americans (2) 178:22;197:17; 201:22;239:17, 126:9;127:7;
87:15,17;88:2,12; 120:3;189:17 201:4,6;202:1; 18;240:10;241:13, 130:12,17;133:22;
89:2,15;90:4,7,14; America's (10) 204:12;205:8; 14 134:19,20;135:18;
91:15;93:1,5;94:11; 61:23;62:19; 206:19;209:13 assist (2) 136:19,21;138:16;
95:8,11,12,13; 64:19;67:6;77:23; applications (1) 242:1;252:8 140:9;141:4;147:3;
96:15;101:3; 80:8;202:23; 197:19 assistance (4) 152:20;153:23;
104:10;109:17; 224:18;226:7;256:8 applied (3) 157:8;161:11; 154:3,10,22
110:22;113:20; among (1) 23:18;34:8;159:5 162:3;167:12 authorization's (1)
115:5,11;116:3; 278:20 apply (7) assistant (3) 142:15
120:15;121:12,18; amount (9) 23:19;24:4; 8:13;232:23; authorized (40)
122:23;123:3,8; 35:10;38:9; 32:21;33:1;40:22; 239:1 121:23;122:7;
124:21;126:15; 71:17;72:5;93:10; 164:2;216:16 associate (2) 123:1,7,9;125:12,
128:6;130:3,15,17; 97:19;103:18; appreciate (4) 8:14;239:2 13,19;126:17;
131:14;132:13,16; 192:18;246:15 18:23;78:13; assume (4) 132:18;133:10;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

134:15;135:3,15; 10:7 18;151:12,14,22; 166:16;167:15; 32:10;92:23;


136:3,5,11,16; bad (8) 152:8,13,14; 170:6;172:20; 153:12;182:22;
139:15;140:6,12, 80:19;103:11,17; 153:17;154:12; 174:8;175:23; 250:1;253:18,19
18,23;141:2;142:2; 222:19;223:22; 157:1;161:7,11; 176:4;178:12; become (4)
144:9;145:5; 224:5,5;225:13 162:9;166:4,5; 180:3;182:9; 20:16;21:17;
147:17,19,21,22; BANA (2) 172:21;173:2,5,19; 183:13;184:15; 51:4;121:23
148:2,7,11,14; 11:12;127:12 174:16;175:19,20, 185:13,20;186:10; becomes (1)
153:18;154:17,18; Bank (360) 22;177:21;178:21; 189:1;207:16; 25:4
176:5;184:16 6:17,21;7:7;8:9, 179:7;180:14,16; 214:3;217:6;218:3; becoming (3)
automated (3) 12;10:5;12:7; 182:20;185:11; 240:11,13,23; 71:18;97:20;
42:6;148:19; 13:19;14:5;16:3,4, 186:5;187:11; 241:9;267:2,6; 275:15
207:4 15,22;17:7,11,16, 194:23;195:5; 274:4;285:23 began (1)
automatic (2) 17,18;18:8,9,14,15; 196:7,19;199:2,21; Barneses (1) 21:4
39:20;206:23 19:2,3,4;20:3,8,9, 200:1;202:17,23, 154:11 begin (1)
automatically (3) 13,16,20,23;21:3, 23;207:19;209:14; Barneses' (8) 196:14
38:17;204:13; 17,22;22:22,23; 212:1;213:10; 113:10;114:2; beginning (8)
213:5 23:7;24:2,5,14,22; 214:14;215:1,4,16; 136:23;149:21; 6:16;60:22;
available (4) 25:2,4,6,10,11;26:9, 216:22;218:3; 163:9;229:8; 108:12;157:7;
8:21;239:9; 15,20;27:4,6,8; 219:2;220:18; 268:11,18 160:3;182:15;
246:17;271:7 28:16;31:16;32:3,9, 221:9,19;222:16, Barnes's (2) 197:10;249:14
Avenue (1) 11,14,22;33:4,6,10; 22;223:13,21; 241:15;274:21 begun (1)
6:10 34:18;35:11,20; 224:7,18,22; bars (1) 98:3
aware (8) 40:2,3;44:5,6,22; 225:11,14;226:7, 11:2 behalf (4)
151:21;224:14, 45:19;46:12,13; 12,16;227:3; based (8) 7:4,7;121:19;
15;239:13;248:5; 47:7;48:6,13;50:1, 228:16,19;229:7,9, 40:14;66:12; 203:5
249:1;276:19; 15,18,19;51:3,5,8, 17,19;230:9;231:4, 185:3;198:13; behind (2)
282:15 10;52:15,21;53:2, 9;232:16,23;233:4, 224:9;227:19; 39:6;68:5
away (2) 10,13,18;54:5,14, 9,13;234:8,22; 245:14;269:20 beings (1)
199:22,23 21;55:11;56:12; 235:11,12,15; bases (1) 206:22
58:17,20,22,23; 236:3,9,12;237:3, 98:17 belief (3)
B 60:5;61:21,22; 11;238:9,22; basic (1) 62:1;101:6;
62:10,19;63:6,11, 243:11;244:16; 198:3 120:18
BA (1) 16,17;64:4,14,18, 245:12;246:1,6; basically (3) believes (1)
10:8 19;65:17,20,23; 247:16;248:4; 23:23;25:22; 79:22
BAC (5) 66:3,4,19,21,23; 249:20;250:11,13, 31:11 below (1)
71:6;92:19;93:3; 67:5,19;68:20,20; 20,22;252:7,13,15; basis (5) 71:12
95:7;100:14 69:14;70:6,19,19, 254:8;256:7,16; 96:21;115:9,13; besides (2)
back (62) 22,23;71:7;73:4,22; 257:11;258:3,13, 250:16;263:22 68:18;282:9
12:19;14:23; 74:16;75:18;76:14, 21;261:23;263:12; Bates (43) best (2)
15:13;19:22;20:13; 18;77:4,9,23;78:17, 264:3,11;265:13, 11:12;12:18; 78:18;207:22
25:19,20;28:14; 18,21;79:9,15,19, 19;267:8;268:6,12, 92:17;94:22; bets (1)
32:8;36:17;44:15; 22;80:7,16;82:4; 19;271:7,12,12,23; 105:22;108:19; 181:12
53:6,11,12;55:14; 83:7;84:12;85:10; 272:20;274:9,22; 121:7;123:15; beyond (7)
61:3;67:2;71:23; 87:15,17;88:2,12; 275:6,11;278:19; 126:3;127:2,12,21; 35:7;37:16;60:8;
73:1;87:18;97:16; 89:2,13,15;90:4,7, 285:15,16,17,23; 128:13;129:17; 85:11;116:2;
99:10;106:14; 13;91:15;93:1,4; 286:1,19 130:6,21;131:7,11, 190:10;281:17
107:1;108:17; 94:11;95:7,11,12, bankruptcy (2) 23;132:5,15;133:4, bid (5)
119:10,13,17; 13;96:15;101:3; 40:16;270:8 14,18;134:10; 245:1,3,3;269:14;
121:2,17;127:8; 104:10;109:17; bar (2) 136:6;137:18; 278:7
137:20;138:1,19; 110:22;113:20; 10:19,23 139:7;142:14,20; bidder (5)
141:5;146:2;150:4; 115:5,11;116:2; Barnes (67) 144:2,6,16,21; 49:23;50:3,6;
152:11;159:20; 120:14;121:12,18; 6:20,20;7:9; 145:3,16;146:6,9, 53:8;55:6
160:9;167:10; 122:22;123:3,8; 18:21;20:9,17;27:7; 14;152:17;156:12; big (3)
168:22;170:3; 124:21;126:15; 34:7;110:12;111:6, 161:16;232:14 14:4;92:4;127:22
182:1,14,22; 128:6;130:2,15,17; 11;112:13;115:2; Bates-stamped (9) bill (2)
183:15;184:13; 131:13;132:13,16; 123:17,21;124:2; 23:11;25:20; 209:20,20
186:2;189:15; 133:4;134:10; 126:7;128:2,8; 70:6;84:12;94:5; binder (1)
193:19;217:21; 135:4,12,18;138:2, 129:12,20;132:4,9, 103:15;104:13; 81:15
218:1,5,12;228:5; 6;139:11,14,18; 21;133:2,12,20; 160:8,9 binding (1)
236:2,3;245:18; 140:1,20;141:10; 134:7,23;137:15; bearings (1) 58:20
265:10;275:22; 142:20;144:7; 139:16;140:15; 106:5 Birmingham (3)
279:22 147:10,14;148:21; 142:3;144:4,14; became (10) 4:6;6:2,10
background (1) 149:22;150:5,12, 154:15,21;165:4,9; 20:19,22;23:7; bit (4)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

30:12;74:14; 62:11;64:12;66:2,5; burdensome (1) 196:3;198:22; 154:22


108:16;242:9 68:9;69:3,7,9,20,20, 82:14 204:20;211:19; Center (50)
blah (3) 23;70:12;72:3; business (2) 218:23;219:12,16; 121:13;123:19;
100:15,15,16 73:20;74:1,7;75:21; 82:3;239:6 220:2,18,21; 124:7,15,19,22;
boarded (1) 76:15;79:16,23; button (3) 221:10;231:1; 125:1,10;126:8,13;
33:20 80:8;82:10;83:8,11, 39:15;43:15,19 233:8;236:23; 127:11,12;128:3,5,
Bob (5) 18;84:23;85:11,20; buy (1) 247:18;248:6; 22;129:11,21;
37:11;39:12,12, 86:1;94:20;99:13; 52:23 252:1;256:22; 130:5,9,16,18;
15;276:13 101:19;102:8,12; buying (1) 257:19;264:23; 131:12;132:10,18,
bold (4) 106:1;108:23; 64:18 268:15,16,22; 22;133:1,9,13,19;
12:22;85:6;93:9; 109:2,5;118:12,22; buys (1) 269:1,6;275:17 134:2,6,14;135:1,3,
106:6 119:14,16;120:6,9; 216:23 capitalized (1) 5;136:8,14;137:16;
bolded (5) 121:3;188:17; 181:15 139:10,20;143:10;
71:21;95:20; 189:3,8,22;190:9, C captured (1) 144:8,15;145:4;
97:17;100:9;104:20 13,14,17;191:5,18; 42:9 147:2,5;154:8,16,
books (2) 192:9;193:22; California (5) care (19) 23;176:20
18:19;91:7 194:9;195:10; 123:22;124:20; 41:7;123:18; CEO (1)
borrower (55) 213:2,7;218:14,17, 129:22;141:15; 124:18;126:7; 50:23
13:20;14:7,13; 22;219:6,9,15,22, 209:19 128:2;129:21; certain (45)
15:3,18,20;18:10; 23;220:2,8,11; call (16) 132:9,21;133:1,12; 39:21;40:17;
19:16;23:18;26:3; 221:14,21;222:1; 39:12,14;41:8,9, 134:23;137:15; 42:16;43:10,16;
31:9,11,14;33:8; 223:19,22;224:4,8, 10;65:5;122:3,5,14; 141:18;144:14; 44:9;65:12;118:19;
38:7;44:21,23; 10,12,20;225:14, 157:9,11;173:4; 214:8,18;215:11, 120:5;138:10;
45:20;55:16,20; 20;226:4;278:21; 176:19;177:11; 12;226:17 149:10;158:1;
56:23;57:4,18;58:1, 279:7,21;280:15; 185:1;241:1 careful (1) 162:16;166:22;
4,7,8;61:11;62:12, 281:2,9;284:9; called (9) 150:13 171:5;188:13;
16,22;67:3;75:15; 285:4 41:7;61:9; case (60) 198:7,12,14;199:4;
76:21;99:14; break (8) 120:10;121:19; 9:15,17;10:3; 200:5;207:2,3;
101:11;103:22; 108:6,16;119:5,6; 151:11;176:20; 12:8;13:7,12;15:12; 208:15;212:13;
114:20;115:7; 196:17,23;197:5; 191:12;245:8; 17:3,10;18:6,21; 222:8;237:8;242:2;
117:7,19;121:19; 275:18 267:14 29:12;57:12;60:1; 245:15;255:2;
122:2;125:17; briefly (1) calling (2) 61:5;64:10;80:11; 259:10;260:15,19,
126:21;133:23; 215:15 94:20;218:14 91:23;112:18; 20;263:20;264:17;
138:17;149:1; bring (34) calls (2) 114:2,4,5;154:8; 269:9,20;271:14;
151:1,13;154:1; 55:18;57:2;58:2; 129:4;151:9 168:9;177:7;182:9; 277:3,15;279:18;
180:14,17;182:11; 61:12;62:17,23; came (8) 189:23;203:13,18; 281:16;283:21,23
222:11 75:9,15;76:20,22; 6:7;80:12;113:2; 218:1;232:22; Certainly (7)
borrowers (5) 77:21,22;86:21; 137:20;138:1; 235:1;240:8,11,13, 95:17;138:8,17;
33:7;116:16; 87:7;93:16;98:15, 157:14;225:11; 16,21;241:5,6,9,10, 148:1;152:4;161:6;
122:15;129:5; 20,23;105:9,12; 269:11 15,19,21,22;242:13, 194:6
213:16 107:13;117:3,7,16, can (86) 17;243:1;247:15; certification (1)
borrower's (1) 20,21;118:4,8; 8:3;9:4,5;13:23; 259:7,8;263:2; 164:17
14:14 188:13;189:3; 16:17;17:2;18:5; 269:22;271:21; certify (1)
both (6) 191:4,14;195:17; 24:13;26:9,12,22, 282:3,10,17;283:6, 6:4
98:17;112:2; 222:13 23;27:13;30:13; 12,16 CFPB (2)
141:2;146:6; bringing (2) 31:10;36:7;41:20; cases (21) 157:13,20
173:21;286:9 117:11;223:2 43:1;45:18;48:13; 8:17;9:13,20,22; chance (5)
bottom (5) Brittany (2) 52:17;53:10;56:6, 13:8,10;80:15; 17:17;67:10;
11:16;27:18; 128:18;131:9 17;59:14;60:13; 242:3;247:3,5,12, 187:4;228:14;
86:20;96:5;106:5 broad (1) 67:7,8;68:21;71:20; 19;259:9;261:3,4; 278:15
bought (3) 283:18 81:15;82:9,12,16, 265:23;267:12; change (19)
63:17;70:20; broader (1) 19;91:9;94:15; 282:23;283:3,13; 54:2;107:1,4;
264:12 283:22 100:19;103:10; 284:19 120:5;189:17,19;
Boult (1) broken (1) 113:16;115:19; catches (1) 190:5,6,7,12,14,15,
6:9 23:5 117:13,21;118:9; 79:12 19,20,22;191:2;
bound (2) brought (2) 119:1;148:22; categories (1) 222:6;249:6;260:17
50:16;53:4 188:9,15 149:10;151:8; 244:18 changed (9)
Bradley (1) built (1) 152:14;156:14; category (1) 48:21;49:3;71:6;
6:8 109:8 159:19;160:15; 240:14 82:19;189:12,21;
breach (102) bunch (1) 164:18;165:17; cause (5) 223:14,20;285:5
14:15;37:5; 191:19 174:5;176:19; 6:12;38:15; changes (8)
40:18;41:6,11,12; burden (1) 177:3;184:13; 40:17;42:15;58:13 119:19;120:20;
42:22;44:4;61:9; 116:16 189:18;192:8; cease (1) 189:7;190:18;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

213:10,13,14; clause (3) 180:7,12;274:3 complied (21) 143:17


285:12 52:3;62:2;78:8 communicates (1) 45:10;47:4,7; conclusion (10)
changing (2) clauses (1) 153:18 56:16;73:18;74:1,8; 18:3;31:18;59:6,
221:19,21 62:8 communicating (2) 75:21;76:15;77:5, 13,16,22;219:5;
characters (1) clean (1) 125:19;133:19 17;80:9;88:4; 225:12;229:23;
103:7 264:15 communication (5) 120:16,23;121:4; 234:19
charge (1) clear (15) 133:23;136:22; 186:7;222:2; conclusions (2)
69:9 16:11;50:5; 177:9;200:8;206:16 223:11;253:14; 238:17;256:6
Chase (1) 88:10;112:4;129:6, communications (6) 254:13 condition (8)
175:19 11;131:17,21; 134:7;137:10; complies (17) 233:17;234:14;
check (10) 145:12,17;146:3; 151:7;155:3;176:4; 73:5,6;77:12; 236:7;258:1;
81:15;112:21; 151:8;230:22; 240:19 85:9,11,18;87:1,9; 263:10;264:23;
113:16,17;116:16; 237:1;238:20 companies (3) 95:2;101:15; 265:4,15
197:23;198:2,4; clearly (3) 39:11,19;64:16 105:23;119:2; conditions (9)
216:19;269:9 139:15;167:11; company (10) 131:3;141:8;182:3; 72:21;234:6;
checking (1) 177:15 39:18;64:7; 222:6;254:8 257:22;263:14;
207:9 clients (3) 70:19,20;88:3; comply (52) 264:10;269:4;
checklist (2) 32:12;109:18; 229:3,19;256:11; 16:6;17:1;22:13; 277:21;279:13,14
278:10;281:3 261:15 271:11;277:16 28:6;30:5;56:17; conduct (10)
checks (1) close (4) Company's (1) 61:23;62:2,3;73:9, 54:6;163:2,22;
39:21 163:4;177:1; 233:10 12,21;76:11;77:11; 165:15;166:13;
child (2) 204:10;267:17 compile (1) 78:6,8,11,12;79:17, 169:1;173:16;
214:8,13 closer (1) 195:6 18;80:22;81:1; 174:23;220:14;
choice (2) 260:8 compiled (2) 85:21;86:1,9,10,13, 249:4
51:20;212:2 closes (1) 193:21;196:11 23;87:11;88:3,7,7; confident (2)
choose (1) 14:19 complained (2) 89:3,12,16;90:8,14; 22:7;159:10
149:10 closing (4) 267:2,8 101:8,20,23; confidentiality (1)
chose (7) 228:15;230:2; complaint (5) 120:22;155:1; 134:17
63:23;67:22; 231:16;233:23 30:21;149:12; 159:9;222:4; confirm (3)
96:18;97:7;139:20; co-counsel (1) 262:23;263:1; 223:10;225:21; 124:7;181:7;
140:10;271:16 61:5 265:21 238:19;253:20; 189:18
chosen (2) code (2) complaints (3) 255:5,23;278:22; confirming (1)
68:5;259:10 43:16;155:19 267:16;268:2; 281:23 172:3
chunk (1) codes (2) 284:13 complying (1) confirms (3)
84:1 40:17;156:4 complete (33) 87:22 158:5;167:19;
Cindy (3) combining (1) 163:7;167:3; component (1) 171:14
37:11;155:15; 199:13 168:20,20;169:6, 154:22 confuse (1)
159:11 comfortable (1) 14;170:22;171:22; computer (25) 222:23
Circuit (1) 183:2 172:7;173:20; 38:5,17,21;39:21; confused (1)
6:23 coming (6) 174:9,12,14;175:2, 40:10,11,12,22; 202:17
circumstance (3) 39:8;138:19; 5;178:9,9,13;179:5, 43:17;44:1;81:16; confusing (6)
230:7,13;231:2 144:22;146:2; 7,17,21;197:19; 83:16;102:16; 116:13;129:14;
circumstances (11) 244:1;260:23 199:1;205:16,18, 103:7;191:21; 146:5;222:11;
42:19,19;43:11; commencing (1) 19;210:17;211:6, 192:14,16;193:4, 223:12,14
52:10;113:13; 6:11 11,15,23;212:3 12,22;194:21; connection (2)
136:4;198:11,14; Commissioner (1) completed (5) 196:3,9;206:21; 182:12;274:20
205:22;251:21; 6:4 161:2;167:3; 207:20 consecutive (4)
258:4 committed (1) 172:15;175:7; con (1) 46:8;47:9,11,22
citizen (2) 134:17 178:22 172:12 consider (4)
78:22;223:4 committee (13) completely (2) concede (2) 183:11;212:21;
citizens (2) 43:14;162:14; 36:23;149:13 135:10;139:3 241:11;264:18
79:4;215:6 269:2;276:9,10,14, completion (1) concept (1) consideration (1)
city (2) 17,23;277:8,12; 143:18 34:17 271:19
54:5;110:13 280:14,19;281:8 compliance (26) concern (3) considered (5)
Civil (3) common (2) 37:5;69:3,21,23; 185:19;186:3; 184:5,10;185:14,
6:6,22;282:13 264:2,4 75:4,23;76:3,6; 284:18 14;237:2
claim (4) communicate (13) 90:18;105:10,20; concerning (2) considering (1)
10:5;51:16; 123:3;124:23; 107:9;108:3; 233:17;282:17 180:20
229:20;261:23 127:18;128:8; 116:10;117:1; concerns (1) consistent (7)
claims (1) 130:13,18;153:20; 248:22;254:19; 68:4 38:1;74:20;
268:5 154:3,5,6,7,20; 255:10;261:9,10; concluded (1) 223:3,6;226:7,11;
Clair (1) 241:23 262:2,8,10,19; 286:22 227:8
54:16 communicated (3) 263:6;270:10 concluding (1) Construction (10)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

6:19,21;7:5; conveying (1) 21:6,7,14,23; 38:13,16;39:23; 10:22


228:11;233:5,10; 55:4 70:15,16;71:1,3,5; 40:19;42:15;63:5; damaged (1)
256:9;268:14,21; copies (3) 88:2;92:21;121:3; 73:17;156:14; 263:17
271:12 94:17;191:5; 250:4,5,7;274:22; 192:13;193:3; damages (1)
consumer (16) 240:7 275:1,4,7,10 269:14 229:11
8:14;78:23; copy (14) Countrywide's (2) creates (1) data (5)
79:10,12;151:13; 31:8,13;44:20,23; 87:19;275:8 194:17 39:16,23;102:17;
152:7;153:20,22; 45:19;103:17; County (31) creating (2) 103:10;192:16
160:11;161:2,7; 186:23;187:1,21; 6:23;46:9;48:1, 38:4;278:7 database (1)
189:3,4;223:15; 221:20;228:22,23; 11,12,14,15,20,22; creation (1) 40:19
227:5;239:2 232:6;272:14 49:3,8,8,10,12,18; 63:12 date (39)
consumers (3) corporate (39) 53:10,17;54:1,4,10, credit (2) 6:4;7:1;12:13;
224:7,19;226:18 6:17;8:9;16:3; 11,11,12,16,16,17, 216:12,17 19:15,15,18;26:1,2,
cont (1) 17:6,15;18:7,14; 17,17,18;110:13; criteria (2) 5,17;27:10;29:8,19;
4:1 19:3;27:3;32:3; 124:4 40:14;269:20 36:6,10;38:10;
contact (4) 46:12;55:11;56:11, couple (5) critical (1) 39:21;72:10,22;
151:12;201:19, 21;57:10;58:16; 64:21;215:15; 150:17 95:14;134:20;
20,23 61:20;67:18;76:4, 228:12;276:7; CRM (13) 145:11;153:1;
contacts (1) 18;77:8;78:22; 283:19 179:19;200:18; 158:12;170:4;
122:22 79:4;90:4;113:19; course (1) 201:3,14,17,18,21; 177:2;188:19;
contain (2) 115:4,16,17;117:5; 175:17 202:6,10;203:6; 192:19;195:17;
102:5;281:23 120:14;166:3; Court (62) 208:7;267:15; 198:16,22;200:12;
contained (5) 185:10;203:19; 6:1,23;7:10; 277:13 250:18;272:7,10;
27:2,15;81:19; 223:4;227:9;229:7; 30:21;55:18;57:2; crucial (1) 281:12,13,16,18
103:11,19 243:11,20;255:9 58:2;61:12;62:17, 102:22 dated (20)
containing (1) Corporation (6) 23;75:9,16;76:20, Cummings (1) 84:23;92:18;
260:2 70:22,23;71:2,3; 22;77:21,22;86:21; 6:9 94:23;106:22;
contains (2) 264:9;275:11 87:8;93:16;96:10; cure (33) 115:1;126:4;127:3,
29:6;207:6 corrected (3) 97:7;98:15,20,23; 19:14,17;26:1,4, 13,21;128:14;
contemplates (1) 102:3,7;238:21 105:9,12;107:13; 17;27:10,11;29:2,9, 129:18;131:8;
167:23 correctly (2) 117:3,8,11,13,16, 18;38:10,10;72:5,6, 132:6;133:5;
contemplating (1) 103:8;112:11 20,22;118:4,8; 7,9,21;74:13,19; 134:11;136:6;
211:9 correlate (1) 163:3,23;164:5,9, 85:17;93:14; 139:8;144:17;
contend (1) 266:9 13,23;165:17,18, 100:12;106:16; 146:7,10
238:9 correspondence (3) 18;166:5;174:3; 107:6;109:14,19; dates (1)
contents (3) 126:16;129:4; 222:14;223:3; 110:10,15;111:12; 210:14
82:9;83:8,11 143:7 237:16;238:7,13, 112:6,19;113:23; day (16)
contested (2) correspondent (1) 19;259:8;260:14, 281:16 6:7;103:2;
9:23;263:3 250:4 15;282:12,13; cured (7) 133:16;136:7;
context (3) costs (1) 285:6,19;286:3,7 19:17;26:3,18,19; 144:17;176:16;
25:21;30:12; 245:16 courthouse (6) 27:12;71:15;192:19 191:7;198:18;
156:22 counsel (29) 53:10,13,15,17; curing (1) 199:4,8,8,17;
continue (4) 6:7;8:20;47:1,1; 54:8,11 75:1 206:18;210:4,9,9
140:21;147:14; 48:17;68:19;181:6; courts (1) current (6) days (53)
211:5;227:18 239:7;240:19; 88:6 87:15;132:1,1; 19:15;26:2;
continued (2) 241:18;242:1,2,5; Courtyard (1) 261:3;268:1;283:3 83:20;122:8;126:4;
140:14;274:5 243:5;244:13,17; 132:2 currently (1) 153:6,8;158:4,22;
continuing (3) 247:13,14;261:11, covenant (1) 249:1 160:22;161:4;
16:10;108:17; 19,20;269:8; 14:15 customer (9) 167:18;168:5,5,6;
248:18 278:19;279:1,3,6, cover (7) 37:12;130:12; 170:12;171:11,14;
contract (11) 10;282:8,22 127:3;128:14,20; 143:1;151:10; 172:22;173:5;
22:15,15;24:22; counterclaim (1) 131:8;133:15; 155:5;200:16,18, 174:17;175:14;
25:6;27:6;32:11; 9:19 139:8;226:8 19;277:14 176:3;177:1,10,16;
33:5,15;52:15; counterclaims (1) coverage (1) customers (3) 179:8,15;181:12,
58:19;187:18 266:21 274:23 214:17;215:8,12 19;183:1,3;184:2,2,
contracts (2) counties (1) covering (1) customer's (1) 17;185:21;186:18;
51:14;231:15 48:21 98:17 134:18 198:19;199:22,23;
controls (2) counting (1) create (9) CV-2017-903334 (1) 200:15;201:1,1;
262:11,20 71:12 38:19;43:7;63:7; 6:22 202:19;204:3,3,4,
conversation (1) country (4) 67:21;102:14; 16,23;205:1;206:6;
273:11 35:12,19;44:12; 179:6;193:13,16; D 209:14,23
conveyed (1) 194:3 195:7 day-to-day (1)
143:4 Countrywide (20) created (11) Dallas (1) 241:17

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

DC (1) 10,10,11,12;28:6, 183:6;184:22 251:1;282:21; differently (1)


11:6 15,17;29:2,19;38:9, definitely (3) 286:18,21 214:21
deadline (2) 10,11,20;39:13; 68:13;125:17; depositions (3) difficult (5)
72:6;207:15 55:19;57:3;58:3; 171:21 8:21;239:9; 59:5;64:8;82:20;
deal (4) 66:17;71:15;72:4,4, definition (2) 246:17 171:2;210:5
18:3;34:19; 6,6,8,9;74:13,19; 164:12;184:8 describe (2) difficulty (1)
191:13;195:22 75:2,10;85:17; degree (3) 42:13;231:1 267:19
dealing (2) 93:14;100:12; 10:10,12,16 described (2) directed (2)
150:4;208:6 101:23;106:16; delegated (1) 31:4;52:15 129:5;130:8
deals (1) 107:7;109:14,19; 203:21 description (1) direction (2)
215:1 110:16;111:13; deliver (1) 239:12 123:13;247:15
deceiving (1) 112:6,19;113:23; 55:3 designated (3) directive (6)
131:1 192:18,19;219:23; deliverable (2) 77:9;243:17,19 283:9,11,12;
December (1) 255:23;281:16 144:23;145:19 designed (2) 284:17,22;285:10
71:10 defaulted (2) demand (2) 104:10;160:14 directly (9)
decide (5) 13:20;14:7 242:6;279:16 desist (1) 123:4;126:20;
26:9;32:15; defaults (1) denied (3) 154:22 127:18;132:12;
43:15;58:17;88:6 72:22 204:13,18;205:9 despite (6) 133:2;136:8;
decided (2) defective (3) denying (1) 88:16,21;175:12, 148:13;154:15;
51:4;252:23 224:12,20;225:14 179:9 23;180:2;207:21 206:3
decides (1) defects (1) department (50) detail (1) Disabilities (2)
208:13 258:17 10:2;37:1;43:1,2, 14:2 120:4;189:18
deciding (3) defendant (1) 3;68:19;69:10,20, determination (7) disagreeing (1)
40:6;68:8;243:8 266:23 21,23;84:5;90:18, 162:17;203:6,11; 165:22
decision (23) defendants (1) 18;120:7;149:12; 245:5,7;269:7; disappear (1)
32:23;36:17,18; 183:12 162:21;195:9,10; 279:11 194:22
37:9;38:18;41:4; Defendants' (65) 200:2,4;201:5,14, determine (15) disclose (1)
43:4;67:20;204:1; 11:8,9;20:1;22:2; 16;202:3,14; 48:18;67:15; 135:14
205:5;234:21; 28:2;48:7;49:1; 203:10,10;208:10, 80:7;122:16;181:3; disclosing (1)
235:3,4,8;242:3,17, 63:22;70:3,4;71:23; 12;249:1;251:10; 198:12;207:12; 134:21
23;247:10;270:21; 73:2,6;74:15;84:11, 253:1;262:11,16, 238:13;241:21; discourage (2)
271:1,7;281:5; 13;87:8;92:14,15; 20,21,22;263:4; 253:14,17;255:22; 223:1,2
282:12 94:4,6;99:6,11,16; 264:6,6,7;266:19; 261:20;268:13; discover (1)
decision-making (3) 100:2;101:13; 267:21,22;268:8; 278:21 263:23
40:6;241:20; 121:7,9;146:14,16; 271:15;276:21; determined (5) discuss (2)
247:7 154:13;160:7; 278:5;283:10;285:8 177:7;198:5; 144:10;173:10
decisions (7) 170:9;174:7; departments (4) 238:7;242:19; discussed (6)
91:5,9;209:21; 175:12,23;176:13; 68:11,17;243:8; 259:17 80:1,3;95:15;
276:20;283:6; 178:2,5;180:3; 263:7 determining (3) 145:21;248:10;
285:3,6 182:1,23;183:11; department's (1) 66:8;179:4;252:9 250:3
declared (2) 185:17,18;186:19, 162:18 dictate (2) discusses (2)
259:15,17 21;188:1,4;198:15, depend (2) 147:19;231:17 14:9;23:2
deduced (1) 23;199:18,20; 83:3;122:11 dictated (1) discussion (4)
80:11 202:7,11;208:22; depending (5) 154:1 185:2,7;244:13;
deed (24) 211:8;219:15; 82:16;83:22; dictating (1) 284:17
55:4,7;161:13; 220:7;227:21; 201:9;228:13; 234:1 discussions (9)
216:7;218:2,6; 267:3;270:14; 247:18 Diego (4) 80:4,17;89:9;
220:18,21;221:2,7; 271:6;272:14; depends (2) 123:22;124:19; 241:17;260:21;
228:15,22,23; 273:16 65:4;142:7 129:21;141:15 263:14;282:7,16,21
232:6,15;233:3; defense (4) deployment (1) differ (1) dispossess (1)
236:21,22,23; 55:19;57:3; 270:4 28:9 237:14
256:14;271:22; 75:11;222:14 depo (1) difference (5) dispute (1)
272:5;285:14,22 defenses (1) 196:20 43:9;77:15,18; 233:3
deeds (5) 58:4 deposition (29) 117:23;118:2 distinction (3)
212:17;221:5; defensive (1) 6:18;9:1;12:9; different (20) 77:15,18;99:2
234:12;237:23; 266:20 32:1;56:1;60:18,23; 24:4;30:7;33:18; divide (1)
238:15 deferred (1) 81:9;108:8,13; 36:23;40:3;64:16; 277:15
deemed (1) 264:1 159:22;160:4; 66:1;77:1;89:10; doc (1)
238:4 deficiency (1) 182:15;188:11; 98:12;117:21; 129:7
default (61) 179:18 189:16;197:11; 130:22;201:5; document (49)
19:13,14,16,18; deficient (1) 214:4,9;227:18,19; 209:18;212:15; 11:13;15:22;
25:23;26:3,4,11,13, 219:6 241:12;244:2; 261:3;277:18; 16:7,17;18:16;
17,17,18,19;27:9, defined (2) 246:22;249:10,15; 278:3,5,5 24:10;32:19;33:23;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

34:15;47:13,16,18; done (33) 278:18 employee (10) 44:6;149:1


48:3;49:1;50:13; 27:17,20,22;28:1, easy (2) 37:12;39:11; error (3)
53:16;54:19,22; 1,4;38:17,21;40:7, 82:8;161:21 42:12;148:21; 94:12;225:3,10
55:8;56:9,13;57:20; 8;41:22;44:10,11, economics (1) 151:14,23;198:1,5; errors (4)
58:10;60:6;63:3,5; 13;120:1;150:14; 10:8 203:5;277:17 186:14;226:2,3,5
72:14;85:7,16; 153:7;172:8; Eddie (8) employees (7) escalate (1)
103:19;145:16; 177:22;179:14; 7:4,22;187:6,20; 35:21,23;150:18; 204:19
152:1;167:6,17; 192:20;197:1; 197:15;228:10; 151:6;245:18; escalated (3)
169:13;172:20; 201:13,14;208:9; 272:18;274:7 258:14;264:7 149:12;267:19;
176:10;207:6; 221:14,14;225:5, education (3) employee's (1) 268:2
211:17;212:22; 20;227:4,12,13; 248:18;252:7; 37:17 escalation (1)
232:14;233:12,19; 278:10 263:7 employment (1) 205:3
239:11;240:12; door (8) educational (1) 252:8 escrow (1)
241:1,3;253:15; 49:12;53:9,11,11, 10:6 enclosed (1) 23:23
271:6 12,14,16;171:1 effect (5) 94:16 especially (2)
documentation (1) doubt (3) 70:1;219:6; end (5) 180:20;282:18
156:20 20:7;116:7;186:5 262:8,9;268:3 14:19;137:5; Esposito (1)
documented (4) down (3) effort (2) 217:23;238:21; 239:20
177:11,22; 30:10;116:13; 68:10,13 284:5 essence (1)
199:14;200:11 238:5 egregious (1) ending (2) 127:17
documents (124) draft (3) 225:3 119:15;271:17 established (1)
26:23;34:16; 63:7;68:2;149:13 either (23) ends (5) 27:5
49:6;63:8;67:15; drafted (3) 10:4;12:8;39:17; 60:17;108:7; estimate (4)
74:12,18;75:3; 78:9;149:20; 46:3;49:7;103:5; 159:21;249:9; 9:6;160:20;
84:21;93:14;94:17; 159:11 158:5,11;166:16; 286:17 247:23;268:4
108:22;109:1,13; dragging (1) 167:19;168:19; enforced (2) et (1)
110:1,2,9,11; 217:10 171:14,22;212:2; 280:22;281:10 6:22
111:16,20;112:5, draw (5) 231:14;234:2; engage (1) evaluate (2)
18,19,23;114:1,5, 59:13,15;229:23; 247:22;250:9,9; 279:2 163:6;178:10
23;115:3;116:17; 230:19;238:17 264:19;266:19,20, English (1) evaluated (1)
121:15;136:12; drilled (1) 22 45:14 175:7
148:9;158:5,6,13, 150:19 eject (2) enough (12) evaluates (1)
20;160:21;162:15, drop (1) 217:1,6 101:5;112:1; 173:19
16;163:6;166:15, 30:10 ejectment (3) 156:2;164:6; evaluating (1)
17,21;167:2,16,19, drop-down (3) 217:22;218:1; 165:23;172:16; 206:19
20;168:1,3,4,9,10, 149:8;213:4,4 221:10 178:19;196:12; evaluation (2)
14;169:3,10,17,21; drop-downs (1) elected (1) 205:11;207:18; 158:21;178:18
170:7,10,12,14,17; 149:19 96:18 230:12,15 even (20)
171:15,16,23; due (14) electronic (1) ensure (4) 52:14;66:22;
172:4,6,6,7,13,18; 15:5;23:21,22; 191:23 151:6;152:14; 74:2;78:17;85:22;
173:14;174:13,20; 36:6,10;56:19; electronically (4) 270:5;277:20 87:4;89:15;99:22;
175:2;178:9; 71:11,18;97:20; 192:21;240:6,9, entails (1) 102:13;105:18;
184:17;185:1; 103:4,5;112:9,9; 10 8:16 140:11;150:18;
186:16;187:7,9,17; 180:1 eligible (1) entered (2) 164:16,21;177:4;
188:1,9,13;189:2; duly (1) 40:13 52:16;149:7 196:14;203:3;
191:15;195:18; 7:14 else (11) entire (3) 207:15;235:21;
196:20,22;198:1,3, duplicate (1) 25:9;59:21;60:5; 15:4;253:1;264:5 255:17
13;199:5,16;201:4; 130:22 97:14;180:15; entirety (1) evening (1)
206:14;208:20; during (10) 196:19;214:23; 82:1 40:8
210:18,20,22; 151:2;163:5; 243:16;248:10; entities (2) event (3)
211:1,3,10,13,14; 166:13;169:2,8; 259:5;276:1 21:3;71:3 52:9;139:1;
212:3;227:20; 173:12;176:6; else's (1) entitled (2) 242:18
228:15,19,21; 178:8,10;275:13 284:3 23:14;100:15 events (2)
230:1,19,21; duties (5) elsewhere (1) entity (7) 13:11;247:4
231:16;233:20; 16:14;239:12,14, 242:8 20:21;71:7; eventually (2)
240:9,14;244:18; 17;253:7 e-mail (1) 87:13;92:23; 21:3;71:7
253:21;257:19; duty (1) 129:4 138:15;154:7; everybody (7)
269:21;270:17; 270:3 e-mailed (1) 275:15 61:4;89:2;119:5;
273:6 244:20 entrance (1) 159:14;196:22;
dodge (1) E e-mails (1) 54:7 214:23;252:23
86:11 282:16 entry (3) evict (2)
dollar (1) earlier (3) employed (3) 103:3;244:21,23 217:1,6
93:10 227:2;228:9; 252:14,18;253:2 envelope (2) exact (8)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

93:7;99:19,22; 273:16 130:23 February (6) 61:6;98:4;212:6,


102:15;115:6; exhibits (2) 128:14;129:18; 8,21
117:6;217:14; 93:8;232:2 F 130:7,14;131:9; fill (2)
271:14 exist (1) 132:6 123:2;203:7
exactly (26) 102:21 F5 (1) Federal (15) final (4)
34:4;42:16; exists (1) 43:15 6:9;22:10;62:4; 271:2,4;272:2;
75:13,19;82:17; 83:10 facially (1) 86:12;91:14,15; 281:5
84:7,7;104:9;120:5; expect (13) 179:17 109:23;110:8,14; finalization (1)
122:3;152:14; 10:3;148:3; facing (2) 113:8,14;114:9; 272:3
160:15;161:8; 152:2,7;153:19; 150:5;162:3 135:22;159:9; Financial (7)
166:22;176:17; 156:21;158:19; fact (17) 209:22 71:1;156:20;
207:2;208:15; 160:10;167:7; 20:20;27:13; feed (1) 167:4;170:22,23;
226:22;227:10; 180:16;258:10; 29:5;79:15;88:4; 207:19 199:5;207:7
254:1;255:2; 264:14,20 95:14;107:5;108:1; feel (6) find (10)
256:12;257:4,18; expects (1) 115:10;142:8; 87:8;105:19; 82:10,14,21;83:6;
268:17;283:9 151:12 177:4;181:8;185:7, 140:19;183:2; 84:8;99:5;191:17,
examination (3) expedite (2) 20;189:11;205:15; 186:11,12 20,22;195:7
6:13;8:1;228:7 179:13;206:8 214:12 feels (1) finding (1)
examined (2) expedited (2) facts (3) 13:20 196:15
7:14;12:3 179:13;206:2 56:18;91:3;92:12 felt (2) fine (3)
example (17) expediting (1) failure (5) 140:7,21 7:23;18:13;99:10
13:19;15:3; 207:21 19:17;26:4; few (8) firm (3)
24:12;25:10;33:21; expenses (1) 29:18;72:9,21 158:4;167:18; 180:21;188:2,3
42:7,20;207:8,9; 264:17 fair (8) 170:12;171:11,14; firms (1)
209:19;213:23; experience (1) 15:15,16;60:9; 174:17;186:18; 261:14
216:22;218:2; 51:8 68:7;112:1;127:19; 192:14 first (35)
240:11;263:3; expert (3) 254:10;261:22 Fidelity (1) 7:14;14:11;
267:3;282:3 255:15,18;256:4 falls (1) 186:19 15:17;31:2;52:8;
except (1) expertise (2) 184:7 fields (3) 63:5;67:4;71:11;
59:22 255:12,16 familiar (15) 39:4;102:17; 82:17;98:4;141:14;
exception (2) expiration (1) 11:19,22;13:17; 192:17 155:19;156:11;
177:6,8 134:20 64:13;113:15; Fifth (1) 157:18,23;160:9;
exceptions (1) expired (2) 155:7;165:21; 6:10 166:15;167:10;
136:1 280:21;281:10 213:12;218:15,16; figure (8) 170:3;183:18;
excuse (1) explain (1) 263:10;277:7; 33:4,6;36:8;40:2; 197:23;206:15,17;
132:2 135:9 282:2,10;286:5 68:23;80:12; 212:6,8,12,21,22;
executed (2) explaining (2) family's (1) 110:21;261:8 222:6;244:5;
228:20,21 142:3;162:23 215:19 figures (2) 252:18,21;254:2;
Exhibit (75) explains (1) Fannie (8) 33:11;39:8 267:15;285:22
11:8,9;20:1;22:2; 158:18 21:15;25:10; file (28) five (4)
28:2,5;48:7;49:1; explanation (2) 65:14;175:19; 29:14;30:20; 9:3;46:20;127:6;
63:23;70:3,4;72:1; 142:10;145:8 250:8,11;251:4,14 117:14,17;138:4; 153:6
73:2,6,7;74:15; expressed (3) far (16) 149:17,21;192:1,2; fix (5)
84:11,13;87:9; 233:16;234:7; 33:1;49:3,5,19; 201:8,11;208:17; 79:1,13;226:17,
92:14,15;94:4,6; 267:18 66:2;85:4;108:23; 212:19;240:15,23; 23;227:5
99:6,11,16;100:2,5, expression (2) 161:10;193:14; 243:15;246:20,21; flag (1)
7;101:13;108:17; 48:2;162:9 210:13,15;254:9; 250:20;251:23; 284:1
119:13;121:7,9; expressions (1) 255:9,10;262:2; 252:3;268:11,18; flagged (1)
146:14,16;147:10; 41:15 276:19 269:3;279:5; 285:2
154:13;160:7; extent (21) fast (2) 280:21;281:9;286:6 flip (4)
170:9;174:7; 19:6;22:11;45:1; 199:9;207:23 filed (15) 14:23;23:10;
175:12,23;176:13; 47:3,14;48:18;49:9; fault (1) 6:22;9:18,22; 105:22;232:17
178:3,5;180:4; 66:15;87:13;90:20; 26:1 10:4;165:9;216:5,8; Florida (2)
182:1,23;183:11; 102:4;140:7;143:5; fax (14) 221:11;262:23; 9:16;239:22
185:17,18;186:19, 219:4;225:21; 127:3,10;128:7, 263:1;265:21; focus (1)
21;188:1,4;198:15, 233:12;247:14; 13,21;131:8,11; 282:11;284:13; 111:19
23;199:18,21; 251:12;264:21; 133:15,18;139:8, 285:19;286:2 focusing (2)
202:7,12;208:22; 271:18;280:9 10;143:7;144:3; files (11) 111:19;113:21
211:8;219:15; extra (1) 201:9 156:10;240:4,8; folders (1)
220:7;227:21; 232:6 faxes (2) 241:8;246:12; 191:20
229:2;232:8,10; extreme (1) 131:15;140:11 247:8,11;262:17; folks (2)
267:4;270:15; 150:8 FCRA (2) 265:9,11;277:20 159:4;213:23
271:6;272:15; eyes (1) 269:23;270:1 filing (5) follow (27)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

14:12;20:4,8; 13,16;183:7;184:3, 137:21;138:20; 263:16 209:13


22:1,10,16,19;24:3, 4,18;185:5;186:1, 255:14,17;271:1; generate (1) great (1)
5,6,9,16,18;25:12; 15;188:2,3;198:20; 281:5 193:22 88:16
47:2;48:6;63:22; 199:22;200:6,12, found (2) generated (4) greatest (1)
64:5,7;65:1,18; 15,22;202:20; 92:1;225:9 81:12;192:14,15; 88:13
66:6,7,23;88:14; 203:10;205:20; four (8) 194:20 gross (1)
115:12;161:22 207:16;208:10,18; 9:3;19:12;27:9; generates (4) 245:15
followed (1) 209:14;212:7,11, 38:9;72:3;100:6; 39:22;43:17; grounds (3)
22:7 23;215:18;216:4,6, 153:6;206:5 44:1;193:10 273:2,4;274:15
following (6) 7,12,22;218:6,7,9; frame (4) generic (2) group (4)
6:13;14:14; 220:3,12,13,14,17, 83:22;158:7; 143:2;254:22 266:20;268:2;
22:22;86:16;94:17; 21;221:6,7;223:1; 167:21;171:17 GERHARDT (24) 278:5;284:7
210:9 224:11;225:4,10; FRC (1) 7:6,6,19;16:8; GSEs (1)
follows (2) 229:9,17;231:5,22; 276:18 111:1;180:18; 65:5
7:15;24:16 233:11;235:13,23; Freddie (2) 219:1;221:16; guarantee (1)
follow-up (1) 236:4,8,12,21; 65:15;175:19 224:1;229:13; 177:17
197:14 237:1,4,6,12,16; front (9) 236:16;243:18; guarantees (3)
follow-ups (1) 238:2,4,6,8;245:4; 20:2;53:9,11,14, 260:10;262:4; 176:23;185:3,5
211:2 252:10,12;253:13, 16;54:7;108:18; 272:18,23;273:3,8, guess (14)
forced (2) 15;254:9,21,22; 205:23;210:11 12,17;274:6,14,19; 34:13;41:21;
51:11;52:17 257:14,20;258:16, frontline (1) 286:15 46:2;59:23;83:4;
fore (1) 17,21;262:2;263:3; 203:5 gets (7) 88:5;163:20;232:4;
33:10 264:13;265:12,20, FRQ (1) 33:20;149:7; 237:18;246:2;
foreclose (13) 21,22;266:1,12; 276:17 194:19;201:7,7,7, 250:2;261:12;
30:21;150:20; 267:10;268:23; fulfillment (1) 11 265:15;284:22
165:17,19;169:8; 269:2,8;270:11; 44:7 given (20) guide (1)
174:2;212:19; 271:3;272:10,13; full (5) 18:17;19:16; 100:9
216:1;219:7; 273:7,15,23;274:5; 71:17,18;97:19, 26:2;63:15;64:6; guidelines (6)
267:10;269:5; 276:9,17,21,22; 21;277:1 95:14;117:18; 22:11;64:23;
279:15;280:17 277:12,22;278:19; fully (6) 122:11;169:12,13; 65:2,5,6;175:18
foreclosed (9) 279:1,5,8,10,12; 105:10;107:8; 182:11,19;185:23; guiding (1)
176:1;216:18; 280:2,3,13,18; 108:3;120:16; 189:20;190:18; 135:23
224:9,21;226:18; 281:6,8;285:22 152:7;153:19 205:21;207:15; guys (4)
231:10;258:7; foreclosures (17) function (2) 220:18;252:4;268:9 39:14;44:8;49:2;
263:12;265:5 96:16;164:7; 12:6;82:9 gives (2) 157:9
foreclosed-upon (1) 195:16;196:8; functions (1) 88:11;239:11
257:23 225:13;226:6,15; 277:18 giving (2) H
foreclosing (1) 247:21;248:20; funds (1) 170:13;271:4
151:2 253:11;254:17,20; 23:20 global (1) half (2)
foreclosure (218) 259:3,16;262:19; further (15) 190:19 170:19;247:4
9:17,18;30:15,16; 270:16,16 55:16;56:23; go/no (4) handle (6)
31:4;47:1;48:17; foreclosure's (1) 57:23;61:10;75:8; 269:18;278:2; 138:22;139:5;
54:7;71:19;75:12; 242:19 86:20;96:6;99:14; 280:14;281:1 246:11,13,15;
96:7,8,10,13,19; foregoing (1) 101:11;103:21; goal (1) 267:22
97:10,11,21,23; 6:6 107:12;114:20; 280:8 handled (2)
98:2,8,11,14;105:3; forget (2) 115:6;190:1;276:3 goes (9) 250:15;267:12
107:17,21;109:8; 208:3;212:15 future (2) 74:14;125:10; handles (5)
112:8;113:5;147:7, fork (1) 160:16;170:10 136:11;152:11; 69:7;84:6;
11,14,23;148:1; 211:22 159:6,12,14;198:8; 180:21;262:16,22
150:5,9,14;152:1,6; form (15) G 206:6 happen (10)
153:1;161:18; 80:1;82:12; good (14) 27:11;64:9;72:7;
162:4,8,10,13,14, 111:1;123:2; garbled (2) 7:19,21;78:21; 96:14;160:12,17;
17,18,21;163:2,2, 136:21;180:18; 102:6;103:16 79:3;119:4;138:2,7, 173:2;217:19;
10,14,19,20,21,22; 203:9;219:1; gathered (1) 9;139:2;153:13; 238:18;245:21
164:9,12,14,17,19; 221:16;224:1; 244:18 187:19;196:22; happened (12)
165:3,5,9,13,15,16; 229:13;236:16; gave (2) 223:4;234:15 70:21;78:19;
166:7,12,13;169:1, 243:18;260:10; 158:11;271:2 governmental (1) 175:11;178:20;
2;173:12,14,17,19; 262:4 general (9) 92:5 200:22;205:12;
174:23;175:6,11, formal (1) 86:1;187:7; Graham (2) 217:5;224:13,16;
15;176:8,8,9,11,13, 260:6 197:21;202:2; 7:6,17 226:21;241:5;253:2
18;177:17,18; former (1) 242:8;263:14,22; grant (2) happening (8)
178:7,20;179:9; 226:9 265:3,4 137:2;208:13 152:6,6;181:1;
180:1,6,23;181:6,9, forward (6) generally (1) granted (1) 185:8;205:4;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

206:18;210:14; 21:7;70:15,16; 11:10;70:5; 155:22;205:13 informing (6)


284:23 71:5,6;92:19;93:3; 84:14;92:16;94:7; indicated (2) 114:22;140:5;
happens (9) 100:14;127:23; 121:10;146:17; 154:4;179:19 148:14;185:2;
30:17;51:12,13; 129:19;132:7,18; 186:22;188:5; indicates (3) 200:9,10
52:17;98:3,4; 133:10;134:13,15; 232:11 156:8;179:16; in-house (8)
125:16;217:15; 136:10;142:21; identified (1) 268:18 8:19;44:11,13;
275:13 143:16;144:9,10; 201:20 indicating (10) 68:1,18;239:7;
hard (5) 145:5;150:9,21; identifies (3) 145:13,18; 242:2;243:4
111:21;199:9; 157:8;167:11 158:6;167:20; 162:20;169:23; initial (3)
225:17;226:20; homeowner (25) 171:15 180:6,11;206:10; 206:5;272:13;
240:7 24:23;25:2,7; identify (3) 224:4;251:3;252:4 279:17
harmed (2) 34:7;110:9;122:12, 28:17;276:19; indication (2) initially (1)
79:10;227:5 19,22;123:4,10; 284:1 48:23;49:2 36:14
head (2) 141:18;147:16; ignore (5) individual (11) initiated (2)
89:18;91:20 149:14;151:13,23; 15:14;65:16; 34:14;42:10,19; 71:19;97:22
heading (4) 152:2,5;157:4,16; 176:10;181:14,16 69:5;113:13;192:2; input (2)
158:16;160:10; 191:6;198:11; image (2) 203:21;209:7; 243:7;245:13
161:17,23 208:7;209:20,20; 240:23;241:1 250:16;276:19; inquire (2)
headings (1) 267:13 imagine (3) 277:3 190:1;196:13
161:21 homeowner/borrower (1) 234:23;256:22; individuals (3) inquired (1)
headline (1) 151:9 265:1 149:11;207:8; 190:16
127:22 homeowners (10) immediately (1) 277:19 inside (1)
heard (7) 110:20;117:15; 21:14 inform (17) 243:4
41:5;80:17; 122:15;151:8; implied (1) 55:16;56:23; insight (1)
171:19;248:7; 156:10;170:18; 233:16 57:23;61:10;62:12, 63:7
254:2,7;263:13 181:21;191:11; importance (1) 16,21;67:3;99:14; instance (3)
help (3) 222:18;226:9 142:8 101:11;103:21; 89:14,15;91:14
68:2;202:16; honest (1) important (9) 114:20;115:6,7; instances (1)
235:2 213:15 142:3,6,22; 125:12;148:10; 235:12
here's (10) honestly (2) 154:14;161:17; 269:10 instead (8)
14:5;36:6;39:9; 69:16;209:6 162:4;178:15; information (92) 67:7;97:7;
137:18;156:20; Hood (3) 181:20;221:13 27:2,15;29:7; 132:12;133:1;
158:12;170:7; 4:2,4;61:4 improper (1) 34:5;35:2,18;38:22; 154:14;179:4,23;
171:9;173:3,4 hours (3) 238:8 39:3;40:21;59:7,8, 221:18
hesitation (2) 82:23;83:21; improperly (2) 17,17;61:16,17; instruct (1)
22:5;125:6 269:13 224:21;226:18 69:5;74:6;91:8; 274:18
Hey (13) house (6) inaccurate (1) 94:10,12;101:5; instructed (1)
110:20;116:17; 44:7;186:1; 107:3 102:5,6;124:1,8; 154:20
123:8;124:23; 207:17;217:2,7,12 include (1) 125:14;126:20; instructions (3)
125:18;136:15; huge (1) 194:5 134:13,16,18,21; 245:1;269:14;
142:1,15;143:8; 179:18 included (2) 135:4,14,19;136:2, 278:8
195:6;223:22; human (11) 251:22;270:14 5,17,20;138:16,18; instructor-like (1)
224:10,19 38:5,15;39:1; Including (2) 142:3,5;143:4; 253:5
hiding (1) 40:1,6;41:21,22; 86:16;134:19 144:11;148:17; instrument (19)
181:8 45:12;102:13; incomplete (10) 149:5,6;153:22; 11:17;14:16;
high (6) 192:15;206:21 174:9,16;178:8, 154:14;157:1,2,3; 19:20;26:7;29:21;
37:5;50:2,5;55:6; humans (1) 13;179:5,6;197:16; 158:2;161:17; 33:17;34:18;36:14;
76:2;83:13 207:18 199:1;210:23; 163:16;170:21; 62:21;63:6,10,13,
higher (2) hundreds (3) 211:20 175:14;179:2; 18,22;110:4,5;
36:22;277:13 9:10;80:15;266:4 inconsistent (1) 184:1;185:12,16; 182:13;184:22;
highest (2) hurt (1) 224:17 189:20;191:10; 219:14
49:23;53:8 78:23 incur (1) 192:4;196:2,12,15; instruments (1)
hinted (1) 264:17 206:20;207:7,13; 36:5
283:17 I indefinitely (1) 209:1;210:23; insurance (2)
history (1) 122:8 230:12,16;234:5; 219:22;274:23
78:17 idea (16) indemnification (1) 242:21,23;249:18; insure (1)
hit (2) 27:4;35:3;46:4; 275:15 251:1,6;254:12; 264:17
39:21;240:13 105:8;132:11,23; indemnify (2) 258:15,18,22; intend (1)
hold (1) 161:22;168:11; 275:1,8 259:21;260:17; 255:6
236:6 170:19,23;191:22; Indiana (1) 262:14;268:10,11, intended (5)
holder (2) 195:13;196:4,5; 11:6 17;270:1,14 285:16,17,18;
100:15;237:7 249:19;277:1 indicate (4) informed (1) 286:2,10
Home (25) identification (10) 124:1;136:13; 176:22 intending (3)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

87:22;184:21; 16;238:8;242:19; item (1) 217:16,23 known (1)


286:8 247:22;259:17,18 281:3 judgments (1) 257:22
intends (2) invalidating (1) 284:19 knows (1)
152:15;161:7 236:23 J judicial (16) 274:9
intent (12) invalidity (1) 9:17;96:12,15,19;
18:5;39:15; 231:21 Jack (17) 97:2,3,4,8,11,23; L
41:13;42:8;64:11; investigate (2) 6:20;123:17,21; 98:18;164:2;165:8;
81:11;94:18;102:8; 91:1,3 124:2;126:7;128:2; 212:7;216:6;266:17 Lane (1)
157:4;212:15,18; investing (1) 129:20;132:9,21; July (5) 132:3
223:9 65:9 133:2,12,20;134:7, 146:23;152:23; language (49)
intention (14) investment (1) 23;142:3;144:14; 170:4;198:16,18 34:15;43:9;
78:6,11,14,15; 204:2 167:15 June (2) 45:12,14;47:3;
79:16;81:1;83:13, investor (49) Jacksonville (1) 250:10;272:8 67:22;68:5,21;
17;85:21;87:16; 20:19;23:4,8; 239:22 75:22;76:5;77:6,12,
88:3;89:3,9;223:8 24:2,6,17;25:5,10; jail (1) K 16,16;78:7;80:1,2,
intentionally (4) 32:10;40:15;51:4, 50:23 6,18;81:2;87:1;
78:10;140:5; 16;52:2,8,16;62:4; Jan (1) keep (22) 93:7;99:5,6,9,20,
222:17;223:9 64:10,22;65:2,4,9, 142:16 97:18;138:8; 21;100:19;101:8;
intentions (6) 14,21;66:1,9,13,18, January (7) 139:17,20,23,23; 102:16;103:16,23;
78:18;87:12; 20;73:14;95:12,16; 21:20;71:16; 140:10;147:16; 105:16,17;106:14,
88:13,16,21,23 175:13,17,18; 127:3,13,22; 191:23;192:1; 23;107:6,17;
interest (5) 176:1;182:22; 142:18,20 196:7;211:19; 114:16;117:10;
23:21;236:14; 202:19,21,22,22; JD (2) 229:20;230:5,9; 118:13;149:10;
237:5;238:10,14 203:8,14,17,18,20; 10:9,10 231:3,3;233:9; 158:22;164:2;
interested (1) 209:15;235:7,8; Jefferson (12) 234:3,8;248:19; 221:19,22;223:14;
243:3 250:1 6:23;46:9;47:23; 259:20 283:22,22
internal (5) investors (2) 48:11,12,14,20; kept (4) Large (2)
65:10;209:21; 51:15;65:8 49:11,18;54:12,18; 9:9;235:16; 6:3;264:9
262:11,20;282:15 invokes (3) 124:4 265:14;285:8 last (16)
internally (6) 31:2,7;44:19 JESSICA (15) keyboard (1) 8:6;61:13;75:7;
22:12;80:4,17,20; invoking (2) 6:11,18;7:13;8:4; 43:16 108:23;109:5;
121:20;203:15 44:16;52:2 60:18,23;108:9,13; kind (31) 119:13;122:7,8,13;
interplay (1) involve (5) 159:22;160:4; 14:4;34:10; 145:16;146:20;
238:3 16:14;37:6; 197:11;249:10,15; 38:23;83:13;86:3; 156:17;186:18;
interpret (5) 68:13;235:6;237:22 286:18,21 90:19;91:21;98:16; 189:22;252:19;
16:16;17:4;91:4; involved (18) job (11) 100:9;106:4; 285:14
97:12;115:18 9:13,16,19;20:16, 8:16;16:14; 158:18;171:2; later (6)
interpretation (4) 22;36:13;80:16; 238:22;239:11,12, 180:21;199:9; 93:15;98:13;
16:16;34:12; 92:6,7;94:10;155:1; 14,16;246:9; 201:16;212:2; 107:12;153:6,8,14
230:1,20 164:13;235:8; 248:12;277:18,19 217:22;233:15; lateral (3)
interpretations (1) 259:2;261:5; John (2) 237:22;238:16; 246:2;248:12;
62:7 265:19;266:17; 7:8;16:9 240:5;248:23; 266:6
interpreted (2) 285:7 Jones (25) 252:6;253:23; Law (118)
34:10;36:15 involvement (6) 6:19,21;7:5; 257:21;262:14; 4:3;6:8;10:10,15;
interpreting (2) 20:3;39:2;41:21, 187:13,14;228:11, 267:12,17;278:6; 14:18;22:15;54:4,4,
33:15;34:3 22;63:12,16 16,21;229:10,18; 284:4,20 5;60:1;66:12;
interprets (1) involving (9) 230:8;233:4,10; knew (8) 67:14;74:12,18;
68:21 8:18,18;68:10,11; 242:18;256:9,13; 63:17;132:13; 75:2;85:16;90:14;
into (22) 157:6;216:17; 257:12;258:15,23; 176:7;180:23; 91:12,14,16;93:13;
21:3;33:22;34:6; 265:11;266:12; 268:14,21;271:12; 181:4;199:21; 109:13,17,18,23;
39:16;52:10,16; 284:13 276:13;285:15,18 200:2,2 110:8,14,14,21;
70:19;71:7;157:14; issue (5) Jones' (1) knowing (2) 111:5,12,15,19;
162:17,18;194:15, 57:11;76:12; 229:19 68:4;80:23 112:4,10,14,16;
16;198:10;201:8; 163:20;188:21; Jones's (3) knowledge (17) 113:9,14,21,21,22;
207:19;234:19; 237:23 229:3;231:3; 13:7;15:11; 114:3;115:3;
238:16;244:14; issued (1) 271:11 50:21;62:6;63:14; 116:16;121:13;
251:20;278:16; 103:10 Jr (6) 67:20;113:20; 123:19;124:7,15,
284:6 issues (7) 123:17;126:7; 165:10;166:5; 19,22;125:1,10;
invalid (17) 17:10,13;120:12; 132:21;133:12; 200:12;256:4; 126:8,12;127:11,
224:11;226:6; 237:23;245:2; 134:23;144:14 263:6;264:2,5; 12;128:3,5,22;
229:9,17;231:5; 254:5;284:15 judge (2) 265:4;282:6,20 129:11,21;130:5,9,
233:11;235:13; issuing (2) 164:12,18 knowledgeable (2) 16,18;131:12;
236:13;237:2,4,12, 66:2;102:8 judgment (2) 243:22,23 132:10,17,22;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

133:1,9,13,19; 256:8;280:18 118:22;119:16,21; 211:6;219:3;224:8, 242:9;284:17;285:9


134:1,6,14;135:1,2, leave (5) 120:9,15,16; 10;225:20;280:15 live (2)
5,22;136:8,14; 91:4;102:21; 123:16;124:12,14, level (15) 10:21;123:21
137:16;139:10,20; 166:10;196:20; 16,22;125:9,16; 23:3;36:20,21,22; lives (1)
142:11,14,23; 261:7 126:5,5;128:23; 37:3,5;42:12;43:3, 124:2
143:10;144:8,11, led (1) 130:7;131:1,4; 18;73:16;83:14; LLC (3)
15,19,23;145:4; 252:11 132:1,16;133:5,17; 248:23;254:22; 4:4;6:19,21
147:2,5;152:21; left-hand (1) 134:11;135:2,5; 277:13,17 loan (145)
153:17;154:8,16, 124:18 137:23;139:12,17, licensed (4) 13:21;14:7,9;
23;159:9;163:8; legal (28) 17,17;141:10,13, 10:18;11:5; 15:4;16:23;19:4;
164:7;165:1; 16:16;31:18; 23;142:2,14,17; 53:23;60:2 20:4,14,15,15,20,
173:22;176:20; 56:15;58:12,15; 143:2,11,14;144:6, lieu (2) 22;21:1,4,7,9,17,23;
180:21;212:11; 59:1,3,6,13,15,22; 22;145:10,23; 161:13;221:2 22:1,8,23;25:5,11;
233:16;261:3,14; 60:1;68:1,2,2,18, 146:1,2,7;149:14, life (1) 33:10,19,20;38:20;
278:22;282:3,10,17 19;219:5;229:23; 17;153:6;155:8,14, 215:19 40:17;41:4;42:21;
laws (15) 230:20,20;234:19; 16,17;156:2,9,14, likely (3) 50:19,20;51:1,4,10,
47:2,4;54:1,1; 238:16;251:9; 22;157:10,12,15, 87:6;135:10; 11,19;52:4,8,11,18;
60:1;62:4;73:14; 255:21;256:5,6; 18;158:4;159:6,14; 251:8 53:3;63:4,18,19;
86:12;110:18; 285:2 163:9,16;166:16; limit (1) 64:1,4,6;65:21;
114:9,9,10;186:13; legally (4) 167:14,18,23; 242:11 66:17;71:5,6;74:12,
209:22;261:21 230:4;231:17; 168:3,15;170:4,5,6, line (2) 18;85:16;92:19;
Law's (1) 238:18;257:13 11;171:4,5,9,10,12, 27:18;49:10 93:3,13;100:14;
145:6 legible (1) 13,13,20,21;172:1, lines (4) 103:11;107:7;
lawsuit (6) 194:20 2,15;174:18; 8:18;49:8;82:3; 109:13,15,20;
10:5;217:9,22; Lender (22) 177:15;180:8,13; 98:2 110:1,2,9,11;
221:10;235:5; 14:13;15:18,20, 181:11;183:9; Lisa (1) 111:13,16,20;
282:11 23;16:18;17:19,20; 189:8,23;190:6,9, 6:20 112:5,6,17,18,20,
lawyer (22) 21:12;31:2,7,8,13, 13,14,17;191:18; list (15) 23;113:18;114:1,1,
12:6;16:4,12,13, 14,15,16;44:19,20; 193:16,23;199:3,6, 40:18,20;187:17; 5,23;115:3;116:17;
15,21;27:16;31:23; 46:7;47:21;55:3; 13;202:9;211:9; 188:17,22;193:20; 127:23;129:19;
32:2;36:8;56:21; 182:12;275:4 213:2,7;218:14,17, 194:8,11,19;195:7, 132:7;134:13,15;
111:5;153:12; lender's (1) 22;219:6,9,16,23; 15;196:7;202:2; 136:10;142:22;
186:17;195:21,23; 55:3 220:2,8,11;221:14, 271:16,17 143:16;144:9,10;
197:3,15;230:7; lending (1) 21;222:1;223:22; listed (1) 145:5;157:5,8;
245:19;272:12; 250:4 224:3,4,12,20; 166:23 158:20;160:18;
278:14 length (1) 225:14;226:4; listen (2) 161:11;162:11,13,
lawyers (4) 122:16 267:11;270:10; 151:19;278:17 15;163:1,9;166:11;
36:13;245:17; less (9) 279:17,21;280:11; listing (2) 167:4,11;173:4;
246:3;286:1 19:15;26:1; 281:3,9,13;285:5 166:17;187:19 182:21,22;192:1,2;
lawyer's (1) 159:17;175:14; letters (79) lists (1) 200:3,16;201:8,11,
187:5 179:8;199:23; 37:13,23;41:11; 193:13 13,15;202:1,3,13;
Lay (1) 209:13;247:1,2 42:15;44:4;66:9; Listserv (1) 204:7,14,19;
4:4 letter (224) 69:8;70:12;73:20; 261:17 216:16;218:23;
leading (1) 26:11;37:6,12,15; 74:1,7;76:2,15; literal (1) 219:10;223:2;
30:14 38:4,12,15,19,20; 77:5,11;78:4;79:17, 246:6 240:23;249:19;
learn (1) 39:1,3,17;40:7,18; 18,23;80:9,22;81:1; literally (3) 250:5,21;251:23;
254:4 41:2,6,12,23;42:11, 82:10;85:21;87:22; 46:20;134:5; 252:3;253:8;267:4;
learned (1) 22,23;43:7,11,13, 92:20;101:7,19; 138:1 269:2;270:6,17;
239:16 17;44:2,10;64:12; 102:12,13;107:2, litigate (1) 274:21;275:2;
least (33) 66:2,6,18;68:6,9; 21;118:12;119:14; 241:22 277:3,4;281:11
20:2;25:3;27:6; 69:4,23;70:8;71:10; 121:3,12,14; litigated (2) loans (23)
35:4,5;82:2,5; 72:3;73:17;75:21; 137:15;138:8; 259:11;262:17 34:20,20,21;35:3,
124:3;130:14; 76:17;77:4;83:8,12, 139:21;140:4,14, litigation (24) 9,11,18;36:2;40:13,
135:8;149:18; 18;84:15,23;85:11; 16;141:7;142:8; 8:19,20;9:13,15, 20;51:9;52:22,23;
151:5;155:18; 86:1;93:3;94:20,23; 146:20;147:9,15; 21;10:2;17:8;42:21, 64:14,15;70:15,17;
160:17;161:3; 97:9;99:4;100:3,17; 148:3,12,15,19,20, 23;77:10;239:5,8; 86:15;162:12;
171:19;172:22; 101:14;102:5,8,9, 21;149:3,4,16,23; 240:15;241:8,13; 203:4;239:5;
173:5;179:17; 15,21;103:4,14; 150:1;152:13; 247:13;261:5,23; 250:14;266:10
184:4;190:8; 104:1,8,9,15; 155:10;157:19; 265:9,11;266:17, local (5)
193:21;194:9; 105:19;106:1,22; 181:15;190:5; 20;267:7,18 62:4;73:14;
197:1;200:1,2,21; 108:20,23;109:2,5, 192:2,9,10;193:10; little (7) 110:7,13;113:8
203:19;205:17; 5,7,17;110:13,19; 194:9,18;199:12; 30:12;74:14; located (3)
223:19;242:5; 115:1;116:5;117:4; 202:15;209:4; 108:16;155:19; 239:21,23;240:2

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

location (1) 128:20;185:17,18; maintained (1) 84:14;92:16;94:7; 188:2;190:13;


54:2 186:2;206:22; 263:16 121:10;146:17; 227:1;237:11;
lockstep (1) 277:4;281:4;284:14maintenance (1) 186:22;188:5; 243:7;244:9;
258:20 looks (9) 264:1 232:7,11 252:21;253:4;260:5
long (13) 21:13;39:5;40:1; major (1) marketable (1) mean (108)
9:21;20:3;66:16; 92:18;93:7;95:7; 57:11 263:22 13:9;14:8;15:22;
83:6,15;104:18; 144:16;162:15; majority (10) marking (1) 16:4;17:20;21:12;
122:13;147:18; 250:3 149:2,15,16; 186:18 22:16;23:1;32:4,4,
169:7;171:7; Lori (1) 183:17;192:13; marks (6) 5,15,18;33:12,19;
174:19;252:19; 232:22 263:11;265:15,16, 6:15;60:21; 34:13;35:8;45:5,7,
253:3 lose (2) 23;266:10 108:11;160:2; 8;46:20;47:10,11,
longer (14) 207:17;217:9 makers (1) 197:9;249:13 16;48:12;56:13;
84:4;95:7; lost (9) 243:1 married (1) 57:5,6,13,14;58:23;
107:16;108:16; 156:23;157:6,17, makes (6) 215:7 69:6;74:5;75:20;
123:8;124:23; 22;159:5;197:17; 39:4;78:22; Massachusetts (7) 79:3,18;83:21;86:3;
125:11,12,18,23; 202:10,14;270:22 165:21;183:3; 283:1,4,6,10,14; 88:4,5;95:11;97:12;
134:14;140:6; lot (6) 203:11;233:14 284:10;285:5 99:9;103:8;105:4;
144:10;205:14 34:15;36:1;92:9; making (9) master (1) 109:16,21;111:14,
look (92) 258:22;264:1; 41:3;52:23; 10:13 21;112:14;115:15;
15:1;23:13; 267:18 67:21;116:13; matches (1) 120:3;125:22;
31:10;33:5;46:6; loud (1) 208:8;242:16; 116:5 129:7,13;131:5,18;
52:10;55:2;70:8; 275:23 257:21;258:1; math (3) 134:4;136:18;
71:9,10,13,23;72:1; lower (1) 276:20 153:5,7,13 137:23;139:3;
73:1;74:10,15;75:7; 36:21 manage (2) matter (5) 140:16;142:5,9;
81:16;82:18;83:11; low-level (1) 240:15;241:13 6:19;43:10; 145:9;150:17;
84:20;86:19;90:22; 198:1 management (1) 114:4;215:18; 151:17,22;162:7,9;
94:8;96:3,4;100:1, LP (5) 255:1 259:11 168:8;181:5,7,14;
8,10,16;101:2; 21:8;70:17;71:5, manager (6) May (77) 182:16,17;183:7;
104:12;105:14; 6;93:4 200:20;208:12; 12:14;19:19; 186:11;192:7,23;
106:5;107:11; lump (1) 239:18,19;242:12; 21:5;26:5;29:20; 196:12;204:21;
110:11,21;114:7; 250:14 244:21 52:2;72:10,17,23; 206:21;210:4;
118:7;123:14; lunch (1) managing (1) 73:2;74:3,11,17; 211:1,13;214:16;
125:3;126:3;127:2, 119:9 247:5 75:9,11,12,18;76:5, 215:16;221:1;
11,21;128:10,13, manila (1) 20;77:20,22;85:15; 222:19,22;225:17;
19;129:17;130:6, M 191:20 86:21;92:18;93:13, 226:15,19;229:16;
21;131:2,7,10; manner (5) 16;97:4,7;98:22; 234:12;242:4,20;
132:5;133:4,14,17; ma'am (1) 28:1,5;31:9;34:9; 99:1;100:2,4,7; 249:20;260:5;
139:7,9;144:16; 228:9 44:21 105:8;106:1,22; 262:10;264:8;
155:8;161:12,15; Mac (2) manual (3) 107:6,13;108:2; 267:13;274:15;
170:18;182:4; 65:15;175:19 42:5,6;43:13 109:13,19;110:1; 275:12;280:2;
183:15;187:4,5,22; macro (2) manually (1) 111:12;112:5; 282:11;286:4
195:12;196:23; 40:9;193:11 42:14 113:22;115:3; meaning (4)
197:2;198:10; Madison (1) many (17) 117:2,21;130:21, 30:20;109:6;
200:14;203:23; 54:16 12:11;34:19; 23;135:23;171:10; 164:3;281:10
206:13;208:17; Mae (6) 35:3,11,18,22;51:9; 172:14;177:21; meanings (1)
227:12,21;233:7; 21:15;25:10; 168:5;223:18,20; 182:14;184:4,17; 77:16
246:20,21;251:20; 65:14;175:19; 224:6,12;245:17; 187:21;191:14; means (19)
253:13;255:22; 250:9;251:5 246:5;247:21; 197:1;216:12,17, 18:4;31:19,22;
269:17,23;270:20; magnetic (1) 265:11;268:5 23;217:5;219:22; 32:23;33:6;36:6;
278:21;279:3; 240:5 map (1) 224:11,20;228:11; 38:3;45:2;46:13,20;
280:15 mail (3) 160:11 250:10;259:9,9; 48:4;56:16;58:13;
looked (19) 138:22;140:1; March (12) 263:16,17,17; 59:11,19;98:9,11;
13:5,12;32:20; 149:1 104:15;105:19; 268:12;275:18; 111:11;221:1
33:18;35:1;36:15; mailed (2) 132:16;133:5,15, 276:12 meant (4)
81:10;83:4;93:18; 42:22;44:6 16,18;134:11; maybe (31) 50:11;188:23;
95:6;109:3,12; mailing (1) 136:7,14;137:18; 9:6;17:8;39:23; 190:4;244:22
119:14;133:17; 138:11 156:13 45:7;68:10;87:5; mechanism (2)
146:20;172:17; mail-merged-type (1) mark (8) 102:10;116:17; 42:10;241:2
268:9;280:19,20 152:13 11:8;70:3;84:11; 118:8,23;123:2; mechanisms (1)
looking (16) mainly (1) 92:13;94:4;121:6; 141:6;142:13; 221:1
32:9;44:16;53:7; 246:19 146:14;229:1 144:17;171:18,20; mediations (3)
56:1;82:17;90:19; maintain (2) marked (11) 173:23;174:2,8,9; 8:22;239:10;
93:6;100:21; 239:4;240:9 11:10;70:5; 177:14;186:17; 246:18

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

meet (1) 255:9 moment (2) 11:20,23;76:16; 92:5;186:19;


244:16 mine (1) 90:3;155:8 90:15;248:21; 213:11,18,21
meeting (3) 266:10 money (18) 250:15;254:8; Nationstar (1)
244:14;280:14; minister (1) 23:17;24:4; 259:15 175:20
281:1 215:5 229:11;230:10; most (8) nationwide (4)
meetings (2) minute (4) 231:3,3,12;233:10; 136:2,4;153:14; 159:6;189:19;
248:11,16 65:18;136:15; 234:3,9,22;235:16, 236:5;243:15,22, 190:15;194:4
member (2) 159:18;196:17 21;236:5,10; 23;245:23 nature (8)
10:19,23 minutes (2) 242:18;243:9; mostly (1) 39:5;81:13;
members (1) 83:1,20 264:16 149:18 233:15;244:19;
270:3 mirrors (1) month (3) move (4) 255:12;260:9;
memo (1) 47:3 248:17;250:6,7 49:8;94:2;205:7; 263:18;275:9
80:10 mislead (1) monthly (1) 277:22 nearly (1)
memos (3) 223:15 207:10 moved (1) 265:18
260:5;261:2; misleading (2) months (2) 49:10 necessarily (5)
282:16 223:8,12 127:7;146:20 moving (1) 51:22;85:23;
mention (1) misrepresent (1) more (39) 91:19 95:11;110:3;172:11
41:5 213:16 9:4,5;34:23; MPA (2) need (62)
mentioned (6) missing (17) 35:14,16;42:18; 10:9,13 34:1;39:13;
9:12;64:21; 101:18;103:17; 53:11;61:15;69:4; much (4) 40:18;42:8,23;
212:5;213:3;276:8; 105:18;158:12,13; 89:14;91:7,18;98:1; 33:8;143:3; 43:12;59:8,18,23;
281:20 166:18;168:4,16, 116:13;127:23; 242:15;245:3 66:12;68:23;86:14;
menu (1) 21;169:7;170:8,10, 129:19;132:7; multiple (2) 104:18;110:11;
213:4 13;171:22;174:18, 142:21;143:15; 254:6;277:6 114:7;117:15,17;
menus (1) 19;198:7 158:21;167:8; must (39) 122:1,1;127:23;
213:4 mission (1) 201:16;202:2; 16:5;17:20;18:4, 129:19;132:6;
merged (3) 150:17 204:23,23;205:13; 9;19:17;20:8;22:7; 140:19,21;142:21;
21:3;70:19;71:7 mistake (24) 206:14,17;211:4, 26:3,18,19;27:9; 143:15;155:8;
merger (1) 78:19,22;79:7,10, 10,12;212:1,3; 28:17;44:23;45:2,5, 158:6,7,11,16;
275:14 13,20,23;80:6; 231:7;242:15; 19,23;46:13;48:6, 164:13;165:18;
merges (1) 88:15;101:2;102:3; 248:23;258:15,18, 10;54:7;55:7;56:7; 167:7,20,20;
39:1 103:2,13;104:5,7; 22 57:5,14;58:7,23; 168:16;171:15,16;
merging (1) 107:22;125:3,7; morning (2) 59:20;62:11,15; 172:5;174:13;
275:16 128:10;135:7,11; 32:1;228:10 66:17;73:21;116:4; 194:9;198:12;
mess (1) 225:3;226:10;227:4 mortgage (93) 158:8;171:17; 201:23;203:23;
274:7 mistakes (2) 8:18;11:11;12:3, 182:13,16;220:8; 204:5;206:13;
met (5) 80:5;91:10 14;16:7;20:1,5,9, 281:23 207:5,13,19;211:3,
228:9;269:5; misunderstood (4) 14;22:2,7,14,20,22; 4,17,23;212:3;
277:21;279:13,13 102:11;141:6; 23:5,11;24:5,9,16, N 249:6;260:8;
Michelle (1) 171:18;227:2 19;25:12;27:5; 263:17;269:19;
232:22 mitigation (9) 28:7;32:9;33:5; NA (14) 273:1;279:11;
Microsoft (1) 156:23;157:6,17, 34:15;39:18;48:7; 6:21;20:21;21:4; 280:10
148:22 22;159:5;197:17; 49:3;53:4;58:20; 63:6;71:1,8;87:17; needed (15)
middle (3) 202:10,14;270:23 62:2,8;63:8;64:16; 93:5;187:12; 43:13;61:18;
21:5;99:12;160:7 Mobile (2) 65:13,16,18;66:7, 228:20;233:1; 83:5;84:1;140:7;
midway (1) 48:15;54:17 13;67:14;71:16; 235:11;250:12; 152:1;153:22;
55:15 models (1) 73:13;76:17,21; 265:19 154:4;164:8,9;
might (18) 245:13 79:17,19;81:20; name (20) 168:12;172:21;
34:9;43:12,13; modification (17) 86:3,16,23;87:2; 7:3;8:3,6;38:7; 242:20;244:8;286:6
149:4;176:11; 160:19;167:5; 88:19;89:4,16;90:8; 41:18;68:22;69:6, needs (7)
181:16;186:11; 173:4;183:9;200:4, 91:16;109:15; 19;71:6;90:6; 42:11;136:3,4;
191:9;193:19; 17;201:13,15; 112:7;113:8,11; 95:13;121:21; 151:3;193:22;
201:9;209:17; 202:1,3,14;204:8, 114:13,15,16; 192:17;193:4; 247:15,16
211:3,4;247:17; 15,20;267:5;270:6, 115:12;120:17,22, 195:2;208:4; negotiate (1)
251:9;260:20; 17 23;121:4;182:2,20; 228:10;239:20; 236:9
284:3,16 modifications (1) 183:6,10,16;184:9, 267:23;268:1 new (5)
military (2) 119:23 11;185:19;213:11, names (2) 42:8;102:8;
270:2,3 modified (3) 19,21;237:7,13; 69:6,14 149:13;172:6;
mind (6) 119:18,20;173:22 239:4;252:9;253:8, narrow (1) 264:14
93:23;115:10; modify (2) 15,20;254:20; 138:13 newspaper (4)
116:22;117:5; 157:5,5 255:10;256:1; NA's (1) 46:8;47:23;
186:6;231:2 modules (1) 259:3,16;262:2 87:15 48:10;49:19
mindset (1) 253:4 mortgages (8) national (5) next (35)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

19:11;30:10; 276:18;281:4 286:18 267:16 opinion (35)


49:12;55:2;74:10; notice (108) numerous (1) onboarded (1) 18:9,11,15,18;
85:14;93:12;96:3,5; 11:15;14:13; 156:9 252:22 19:1;27:4,7;28:10,
98:10;100:11,13; 15:18,20;16:1,5,19, nurse (4) onboarding (2) 15;29:3,15,22;
105:4;106:12,18; 23;17:3,11,19,20, 214:3,6,13;215:5 254:3,16 31:21;44:22;46:11,
109:11;127:11; 23;18:10,16,20,22; once (22) 16,19,22,23;60:8,
128:19;131:10; 19:5,11,16,19; O 12:12;46:7,14,18, 10;61:20,23;73:8,
133:16;139:9; 25:22;26:2,5,16; 20;47:9,10,22; 10,11;74:16;77:3;
156:21;158:3,4,19, 27:9;28:6,17;29:4, object (15) 158:19;160:21; 85:12,18;107:1,4;
19;160:10,12; 6,20;30:1;31:8,11, 16:9;111:1; 161:1;163:7; 116:9;185:11,15
167:18;170:12; 13;36:19;37:10,19; 180:18;219:1; 170:18;198:1; opinions (4)
171:10,14;174:17; 38:16;39:13,14,14, 221:16;224:1; 203:22;211:3,13, 62:5,6,9;68:4
183:20;199:8 23;41:13;42:8; 229:13;236:16; 14;212:13,14; option (4)
night (2) 44:20,23;45:20; 243:18;260:10; 248:16;262:22 15:19;50:2;
193:21;194:8 46:7,11,14;47:22; 262:4;272:19; One (65) 161:11;168:18
Nightly (2) 55:16;56:6,23;57:5, 274:14,15;278:15 6:9,16;17:10,12; optional (6)
40:8;193:14 18,23;58:6,18,19; objection (6) 21:2;24:13,13,13; 31:15;32:6;
nobody (6) 59:19;61:6,10; 16:10;191:9; 35:4,5,5;41:14,23; 46:14;47:12;55:5;
50:19,22;51:5; 62:11,21;64:11; 195:22;273:9,17; 42:1,11,15;61:7; 57:13
52:20;172:17; 67:3,6;72:10,20,23; 274:6 66:22;67:4;68:8; options (3)
192:23 81:11;94:12;99:13, objections (1) 70:11;72:20;89:14, 149:8;173:10;
nondeliverable (1) 13;102:8;103:21; 195:20 21;98:10;99:3; 174:10
137:20 104:19;114:19; obligated (3) 100:4;101:19; oral (1)
nonexistence (6) 148:18;170:21; 231:18,20;234:16 106:19;120:1; 6:12
55:19;57:3;58:3; 183:5,8,9,12,21; obligation (3) 124:19;125:10,15; order (27)
75:10;86:22;93:17 184:5,8,10,15,21; 213:22;215:22; 136:19;137:18,20; 16:6;17:1;23:19;
nonjudicial (21) 185:14,14;188:12; 274:23 143:10;145:9,11; 24:4,10;30:21;34:1;
30:19;31:4;53:8; 189:16;212:18,19; obtain (1) 149:22;167:16; 42:22;86:14;88:11;
54:6;97:2,5,15; 218:10;223:19; 134:16 172:19;175:1,11; 120:21;121:23;
98:18;117:12; 227:19;244:3; obtains (1) 180:15,16;186:18; 130:12;136:5;
164:3,4,11,14,16, 255:11;267:4; 237:4 197:3,3;198:18; 166:6;169:15;
21;165:4;166:7; 274:4;279:7; obviously (5) 200:1,2;210:17; 175:2;176:21;
174:2;212:8;216:7; 281:22;284:9 22:14;89:20; 213:14;215:21; 191:13;204:8;
281:22 notices (34) 91:22;220:22; 219:19;224:8,9; 206:7;227:22;
nonjudicially (1) 18:4;27:1,14,23; 244:13 243:14;245:2,21; 236:3;238:20;
97:5 28:20;29:12,13; occasionally (2) 250:15;275:15; 266:18;279:15;
nonlawyers (1) 30:3,4;56:16;68:2; 49:9;261:18 276:23;277:4 285:21
110:20 94:18;129:4; occasions (2) one-off (6) organizational (1)
nonsense (1) 176:11,13,16,17; 43:11;51:15 42:18;102:5,13, 69:17
103:6 181:16;182:7,8,11; occurring (1) 20;103:8;155:14 original (3)
normally (2) 183:16,17,17,19; 160:16 ones (7) 21:11,12;275:3
179:20;204:21 188:18;189:3; October (5) 11:4;122:14,15; originate (2)
North (1) 191:5;212:13; 94:23;100:16; 136:18;201:22; 20:19;63:4
6:10 248:20;253:13; 101:13;103:14; 266:15,16 origination (1)
Notary (1) 255:22;272:16; 104:1 ongoing (1) 250:8
6:2 278:21 odd (2) 249:2 others (1)
notation (3) notified (3) 147:13,20 only (33) 91:9
201:12;216:12; 144:12;148:6; off (14) 13:5,9;30:18; otherwise (12)
270:19 272:17 89:17;91:20; 61:22;78:4;101:21; 14:18;20:11;
notations (1) number (34) 103:3;105:5; 122:8,13,20; 25:15;49:21;53:21;
199:15 6:16,22;9:1; 106:20;119:7; 125:23;137:9; 112:17;122:18;
note (2) 12:18;32:20;60:18, 181:12;197:5,6; 149:5;154:2,7,18; 144:12;181:4;
100:15;180:9 22;70:3;103:1; 198:14;201:10; 159:3,4;187:1; 200:23;214:9;
notes (27) 105:22;108:8,12; 228:2;241:4;275:19 190:16;194:2; 233:16
176:20;177:3,22; 121:7;129:17; offer (5) 197:19;198:9,13; out (60)
178:18;179:2,23; 130:6;131:23; 161:4,10;172:22, 233:18;234:11,18; 22:17;23:5;33:4,
180:5,10;185:1; 136:6;143:15; 23;173:4 240:18;260:13; 6,11,16;36:9;39:13;
196:8;197:1; 146:6;159:22; offered (1) 262:16,22;266:16; 40:1,2;42:1,1,9;
199:14,14;200:7; 160:3;197:10; 161:3 282:6;284:15 49:12;68:23;80:12;
205:12,23;206:9, 232:2;246:12,14; offices (1) open (1) 81:15;82:10;84:8;
13;210:10,13; 249:10,14;259:15, 6:8 196:20 102:21;110:21;
214:20;251:3; 16;260:2;266:5; often (3) operative (3) 123:2,7;138:15;
252:2,4;272:3; 271:6;272:15; 41:10;263:23; 109:5,6;189:22 146:1;148:3,23;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

152:14,15;158:1; ownership (10) 73:6,18,21;74:1,2,9, parties (2) 231:12


159:12;166:10,23; 207:17;218:2; 11,15,20,22;75:8, 126:17;136:2 percent (1)
182:1;187:10; 220:20;221:8; 14,21,23;76:7,11; parts (4) 247:2
194:9;196:15,21; 230:11;237:5; 77:5,12;78:8,12,16; 44:12,13;207:3,4 perform (4)
199:21;202:9; 252:5;285:17,23; 80:9;81:2;85:5,9, party (56) 114:8;192:4;
203:7;212:12; 286:9 15,19;86:20;87:4,9, 121:18;122:1,6; 223:9;280:5
213:18;217:11,12; owns (1) 23;93:12;94:16; 123:1,7;125:11,16, performed (3)
222:22;225:15; 22:23 95:19;96:4,5,6; 18,19,23;126:1; 197:23;205:14;
226:9;236:22; 97:17;98:9,10,14; 132:18;133:10; 272:13
237:20;238:1; P 99:11,12;100:11; 134:15;135:14,15, perhaps (6)
240:3,12,17; 101:8,10,16,20; 20;138:18;139:1, 87:5;149:13;
247:17;261:8; package (33) 102:1;103:20; 14,16;143:13; 168:1;171:12;
275:23;277:23; 156:23;167:4; 105:4,5,11,16,20; 144:9;145:5; 192:14;260:14
282:3;284:20 169:6,14;170:20, 106:5,13;107:9,12; 147:15,17,19,22; period (32)
outlined (1) 23;171:1,8;172:7; 108:3;116:5,11; 148:2,4,8;153:17, 122:20;137:5;
171:7 176:21;177:13; 117:6;118:17,21; 19,19,23;176:5; 151:2;163:5;
outside (15) 179:21;185:4; 182:5,6;183:15; 181:2;184:16; 166:13,20;167:1;
8:19;68:1,19; 187:9;188:3; 185:18;219:12,20; 185:13;186:2; 169:2,8,11,12,15,
78:16;154:6;155:2; 198:23;204:4,19, 220:7;221:20; 187:15,16;208:7; 20,21;170:1,8;
177:4;203:14; 20;205:14,17,18, 222:2,7;223:11; 217:4,5;220:19; 171:7;172:4,5,11,
239:7;240:19; 19;206:2;210:8,17; 234:7;281:15,22, 221:10;231:10,20; 12,14;173:13;
241:23;242:5; 211:6,15,20; 23;282:5,6,14,18; 235:16,19;236:1, 175:1;176:7;178:8,
244:17;261:11; 228:18;279:17,18; 283:7,17;284:10 15;237:19;258:5; 10;179:6;206:11;
279:2 280:7 paragraphs (2) 264:12 270:22;271:18,22
over (33) packages (1) 33:19;86:2 pass (1) permission (1)
13:22;50:18; 207:14 parallel (1) 242:23 187:5
82:19;84:1;100:3; page (34) 246:2 passed (1) permit (1)
104:12;105:22; 12:17,22;14:23; parent (2) 281:13 112:19
133:9;139:21,21; 15:15;19:23;23:11; 70:23;71:2 past (5) permitted (1)
151:15;174:17; 25:19;30:13;41:9; parenthesis (5) 81:10;112:9; 112:10
177:19,20;180:22; 94:8;106:13; 14:16,19;163:3,4; 146:19;195:7;281:7 person (22)
181:23;188:20; 109:11;123:14; 166:10 paste (1) 40:11;41:3;
189:6,9,11;192:23; 127:11;128:19; part (37) 221:20 43:14;68:8;151:10,
197:14;232:17; 131:10;139:9; 15:14;22:14; patience (1) 12;200:16,17;
236:3;242:12; 141:5;146:6; 34:4;71:11;84:16; 143:19 203:16;207:14;
246:20,21;250:21, 155:19;156:11; 89:8,8;93:1;94:10; pause (3) 208:2,16;215:7;
22;261:4;263:12; 160:9;161:16,16; 111:17;120:2; 118:20;119:1; 216:5,23;241:16;
284:3,19 165:5;166:15; 136:3;162:10,11; 244:8 242:5;257:5;
overall (5) 167:10;168:23; 170:15;174:22; pay (2) 276:23;277:4,14;
83:12;85:9;89:9; 170:4;173:11; 187:18;189:23; 33:8,9 278:2
97:7;217:16 174:7;232:17,18,19 194:15,18;212:22; payable (2) personal (4)
override (1) pages (2) 213:18;222:10; 71:18;97:20 77:3;115:20;
209:21 11:16;130:23 230:21;231:16; paying (1) 116:9;263:5
overseas (1) paid (4) 236:5;243:2; 219:21 personally (15)
270:4 112:9;229:3,11, 250:14;251:9,16; payment (3) 18:12;89:21,22;
oversight (1) 21 254:2,14;276:21; 24:9;33:21;34:8 90:11;92:2;115:15,
262:1 Paige (1) 278:7;279:6,17; payments (11) 18,21;116:8;
own (15) 4:9 280:6 23:14;24:11; 186:11;224:15;
35:19;36:1; paperwork (1) particular (27) 32:21;33:1;34:1; 227:7;230:17;
37:19;65:9;66:20; 267:5 29:13;33:15; 71:16;88:11,11; 248:5;259:12
117:17;155:14; Paragraph (132) 56:2;62:6,7;103:3; 109:16;112:7; person's (1)
159:12;203:4; 12:22;13:3,6,7, 104:8;113:18; 281:11 192:17
209:19;230:9; 18;14:5,20;15:1,11, 114:4;122:20; people (22) perspective (1)
231:5;257:8,12; 13;17:1,5;19:11; 123:10;154:2,9; 53:11;68:11; 284:2
261:8 23:13;25:19;26:16; 167:1;198:11; 127:18;156:22; pertains (1)
owned (6) 28:7,10,11,16; 201:22;206:2; 193:21;195:8; 235:9
21:9,12;93:4; 29:23;30:5,8,11,23; 212:11;233:19; 202:10;217:19; pertinent (1)
235:11;250:11; 31:2;32:20;34:14; 235:1,10;243:1; 222:23;223:18,21; 40:21
258:6 36:18,19;37:11,19; 244:21;252:3; 225:15;245:23; philosophy (1)
owner (1) 38:16;39:13,22; 260:16;261:17; 246:5,8;248:12; 89:12
21:17 44:15;45:10;53:6; 282:18 257:7;263:7;266:6; phone (7)
owners (2) 55:14,15;58:7;61:8; particularly (1) 277:1,6,12 122:14;151:15;
237:14;264:15 64:5;71:13;72:1; 139:2 people's (1) 177:19,20;180:22;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

181:5,23 80:23;81:3,4,5, 79:19;87:5;114:14; 15;131:17;142:22; 24:15;62:10;66:11;


physical (1) 10,19;82:1,13,15, 118:3;123:11; 181:20;264:2; 67:6;85:23;126:16;
81:15 22;83:7,16;84:9; 125:5;171:11; 283:18,18 138:3,14;226:20;
physically (4) 85:20;177:5; 207:23 preventing (1) 267:16
141:20;192:7; 188:15;224:18; possibly (4) 42:21 procedures (19)
217:11,18 226:8,12;231:8; 255:1;282:21; previous (11) 81:5,19;82:1,15,
pick (1) 254:23 283:19;284:6 26:12;55:14; 22;83:7,17;84:9;
159:20 policy (26) postpone (5) 70:15;93:8;106:19; 85:20;138:11;
picture (1) 22:21;23:2;24:9, 203:12;204:9; 107:2,20;111:9; 188:15;224:18;
14:4 15;62:10;66:10; 208:8,19;269:19 126:5;128:5;170:6 226:8,12;236:13;
piece (9) 67:6;81:14;83:10; postponed (5) previously (6) 252:11;254:9,23;
23:5;157:3; 85:23;86:5,6,23; 180:8;181:9; 145:23;163:1; 262:8
169:19;230:8; 115:11;116:2; 185:6,8;204:12 165:13,14;166:11; proceed (6)
231:4;257:6;258:5; 126:15;135:13; postponement (11) 168:23 96:19;97:1,4;
264:11;268:23 138:3,10,14;177:7; 177:6;180:11; price (3) 98:6;279:8,12
Place (11) 197:22;199:11; 202:21;203:15; 229:21;235:17; proceeding (8)
6:9;52:8;63:5; 204:1;226:20; 204:10,17;208:9, 245:14 96:7,8,10;97:8,
126:9;130:1; 231:13 13,21;209:12,18 primarily (2) 10;107:17,21;
157:14;213:6; pool (1) postponing (2) 214:7;239:6 267:10
222:6;238:7; 162:12 176:23;208:3 principal (1) proceedings (8)
270:22,23 popping (1) potentially (2) 23:21 6:13;71:19;
places (1) 260:20 150:5;162:3 print (5) 97:21;98:6,9,11,15;
260:20 populate (2) power (5) 148:23;240:12, 105:3
plaintiff (2) 102:18;192:17 31:3,3,7;44:17,19 14,17;241:3 proceeds (3)
232:4;266:22 portal (2) practicing (3) printed (3) 23:14;245:15,15
Plaintiff's (3) 81:18;241:1 60:3,4,4 39:17;44:5; process (31)
147:9;232:7,10 portfolio (12) precedent (2) 201:10 40:10,22;42:5,6,
plan (4) 8:17;10:4;239:4, 269:4;277:21 prints (1) 6;125:8;143:17;
270:20,21,22,23 18;241:9,11; predecessor (2) 39:19 157:8;158:21;
platform (6) 265:17;266:8,9; 20:21;87:13 prior (28) 160:17,18;161:2;
40:13;41:17; 283:3,13;284:4 predictive (1) 14:14,17;15:19, 162:12;164:22;
193:7,8;194:13; portfolios (1) 245:14 20;16:5;18:10; 170:15;186:15;
241:1 266:11 predicts (1) 102:3;131:15; 203:23;204:22;
play (1) portfolio-wise (1) 245:13 134:20;146:21; 207:1,23;212:23;
214:14 246:15 premise (1) 176:5,7,14;180:10; 217:15,23;236:12;
please (6) portion (1) 80:13 205:5;244:1;250:2, 245:8;258:16,17;
7:3,11;8:3; 200:1 preparation (5) 3,21;252:7,14,16; 259:11;262:3;
151:18;158:16; position (46) 13:6,11;214:5; 256:10;264:22; 278:7;286:5
182:2 8:11;42:13; 251:1;282:20 269:1;271:4; processed (3)
plumber (1) 61:23;62:19;63:2; prepared (1) 273:15,22 34:2;88:12;201:7
215:6 67:18;68:22;73:4,8, 286:2 privacy (1) processes (3)
plus (2) 12,16,19,22,23; presale (3) 191:9 252:11;262:21;
242:2;245:15 74:7,16,21;75:13, 203:10;208:12; private (3) 271:15
pm (16) 17,20;76:1,8;77:4, 276:21 65:8,15;126:20 produced (6)
108:9,14;119:8, 14,23;78:6;80:6,8; presence (1) privilege (2) 49:2;84:21;
11;159:23;160:5; 85:10;87:20;89:11; 244:17 68:3;274:15 136:12;232:13,16;
197:7,12;228:3,6; 91:7;92:11;120:18, present (7) privileged (2) 241:5
249:11,16;275:20, 22;195:2;208:4; 7:2;56:18; 273:3;278:16 production (2)
23;286:20,23 225:19;226:3; 112:21;188:19; privy (1) 84:17;130:23
point (20) 229:7;235:22; 189:4;191:7;195:16 246:14 profession (1)
21:10,16;33:17; 245:19;246:1,6; presented (1) probably (4) 214:22
34:10;81:8;91:23; 256:6;266:6 113:17 9:10;161:1; program (5)
95:6;136:19;137:3, positions (3) president (4) 194:22;242:11 40:12;193:12;
9;151:11;171:7; 246:2;249:4; 8:13;69:13; probate (3) 194:12,21;206:21
172:2;173:10; 276:15 232:23;239:1 285:19;286:3,7 project (4)
201:19,20,23; possession (1) press (1) problem (3) 120:2;190:1;
205:12;247:2; 230:11 43:15 79:1;143:22; 283:20;285:9
269:17 possibilities (1) presses (1) 258:20 promises (1)
pointed (2) 175:1 39:15 problems (3) 180:10
33:16;213:18 possibility (2) presume (1) 250:21;258:16; prompting (1)
points (1) 67:8;171:3 189:18 275:1 208:21
269:9 possible (10) Pretty (11) Procedure (13) promptly (1)
policies (21) 45:8;78:16; 50:5;129:6,11,15, 6:6;22:21;23:2; 158:17

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

proper (4) 50:1 qualify (1) 49:20;53:20;87:10, record (13)


40:23;48:22; published (4) 173:6 20;96:17;115:13; 112:4;119:8,11;
218:22;279:15 46:9;47:23; quality (2) 135:19;139:23; 145:17;184:23;
properly (2) 48:11,12 41:21;277:9 153:21;159:7; 197:7;212:13;
150:14;221:14 pull (9) quasi (1) 161:20;168:14; 216:4;228:3,6;
properties (6) 40:13;43:4; 97:3 175:11;215:21; 275:20,23;286:11
204:2;263:11; 83:16;102:17; quick (4) 229:16,20;233:2; recorded (3)
264:1,10;265:5,6 103:7;182:1; 8:15;14:21; 251:3;252:4,22; 49:7;240:6;286:7
property (65) 192:16;193:13; 197:5;276:8 266:8;284:21 recording (4)
15:4;19:21;26:7, 194:13 reasonable (3) 151:17;212:14,
20;29:22;30:22; pulled (3) R 257:5,15;264:14 22;240:5
38:8;48:21;49:11, 193:14;196:3; reasoning (1) records (7)
23;51:19;55:4,5; 284:6 rank (1) 68:5 18:19;21:2;91:8,
112:8;124:3; pulling (1) 42:13 reasons (1) 19;191:23;239:6;
143:14;165:11; 91:18 rather (3) 149:22 251:22
187:10,11;216:23; pulls (2) 92:21;110:21; reauthorized (1) redemption (2)
217:18;219:21; 38:22;39:16 221:21 137:7 271:18,22
229:4,12,18,21; purchase (8) rea (1) recall (29) reengaged (1)
230:9,11;231:4,10, 20:15;52:3,18; 27:17 35:22;51:9; 137:6
19,20;233:18; 63:23;229:21; reach (3) 84:15;89:5;121:13; REEXAMINATION (1)
234:14,15;235:10, 235:16;257:6; 84:8;123:7; 149:16;179:2,12; 276:5
10,14,15,20;236:2, 274:21 247:17 205:22;206:12,13, refer (3)
3,14,15;237:5,13, purchased (3) read (34) 16;209:16;210:7, 162:13;269:7;
14;238:10;256:10; 237:19;249:19,23 13:10,22;14:11, 10;241:16;248:6; 277:22
257:6,8,12,16,19, purchaser (2) 12;15:2,12;30:12; 253:3,16;254:1; referal (1)
23;258:2,5;264:12, 55:3;236:6 31:2;32:22;33:23; 259:7,12,12; 280:7
16,16,17,22;268:14, purchases (1) 56:4;71:14,14; 267:23;281:2,6; referenced (1)
20;271:16 55:5 80:10;85:19;89:1,6, 283:8,9,20 256:8
proprietary (1) purchasing (3) 11;92:10;98:13; receipt (1) referral (1)
245:12 64:3;256:11,11 99:7;104:19; 199:15 279:18
protecting (1) purpose (3) 112:10;116:17; receive (12) Referred (16)
134:17 15:9;117:10; 120:3;127:16; 10:15;136:5,16, 162:8,20;163:1,
protective (1) 243:17 140:17;160:15; 20;158:17;176:11; 10,13,17,17,19,21;
191:13 pursuant (1) 161:21;162:22; 181:17;211:3; 165:13,14;166:11;
provide (21) 6:5 166:9;207:6,12; 252:17;263:8; 169:1;173:12;
18:4;56:15; purview (1) 244:12 279:16;284:8 178:6;241:8
58:12;59:5;91:8; 162:19 reading (2) received (44) refund (6)
122:12;136:1; pushed (2) 97:18;157:9 23:18;35:17; 229:11;231:12;
143:18;158:7,8; 43:20;194:16 ready (3) 96:23;134:12; 234:22;236:5;
167:21;169:9; put (24) 269:18,19;270:10 136:9;142:17; 242:18;243:9
171:16,17;191:10; 33:21,23;38:6,11; real (2) 143:5,7,8,14; refunding (2)
211:1;247:16,19; 39:3,4;43:16;44:5; 14:21;262:1 156:20;157:3,16; 235:21;236:9
262:15;273:6,14 50:22;62:9;68:9; realize (1) 158:1,20;163:7; refuse (1)
provided (18) 90:2;109:17;138:4; 79:6 170:6;174:8; 236:4
17:11;31:9; 162:17;181:18; realizes (3) 175:14;176:12,14, refused (1)
37:14;44:21;55:7; 194:15;202:20; 78:23;79:9;227:3 17;180:9;199:1,6, 235:19
130:16;154:2; 213:10;222:7; really (34) 16;201:3;204:4; regard (1)
184:15;185:12; 243:10;255:14,17; 11:16;31:19; 206:14;208:20; 160:18
186:17;210:18,21; 284:6 37:3;51:20;52:6; 210:9;223:19; regarding (12)
252:7;272:14,15; puts (1) 90:17,22;91:18; 224:8;254:16; 81:10;90:15;
273:22;274:4,12 116:15 92:8,9,11;102:12; 259:23;260:1; 124:8;127:14;
provides (1) putting (4) 118:11;123:23; 261:13;281:11,21; 134:12;136:9;
14:18 34:5;49:16; 169:23;171:6; 282:17,19;283:5,9; 138:11;157:16;
provision (1) 120:12;219:19 183:8,14;225:18; 284:15 164:7;199:11;
219:12 234:2;237:8;238:3; recess (8) 282:18;284:10
provisions (1) Q 242:14;246:14; 60:20;108:10; regardless (10)
256:1 248:10;251:10,17; 119:9;160:1;197:8; 78:14;109:23;
Public (7) QA (2) 255:1;264:18; 228:4;249:12; 110:8;112:22;
6:2;10:13;50:8, 277:6,9 275:12,13;277:7; 275:21 163:16;180:8;
12;53:9;216:4; QAing (2) 285:7,8 recognizes (1) 220:6;231:21;
286:11 39:2,7 reason (28) 150:6 236:7,8
publish (5) qualified (1) 20:10;22:17; recollection (1) regards (2)
46:7,11,14;47:21; 94:12 25:14;42:7;45:9,21; 109:4 90:21;279:19

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

regular (2) 272:16 19:3;27:3;32:3; 172:13;173:13; responsible (9)


162:12;261:2 relies (1) 46:12;51:17;55:11; 176:1,15;186:14; 203:16;229:10;
regulations (1) 278:20 56:12,22;57:11; 213:9;269:10 240:16;241:7,15,
157:14 relinquish (1) 58:17;61:20;67:19; requirement (8) 19;242:16;246:21;
reinstate (38) 235:19 76:4,18;77:8;90:4; 17:4;31:14; 261:4
55:17;57:1,17,19; rely (12) 113:19;115:5,16, 47:15,15;61:14; responsive (1)
58:1,8;61:11;62:12, 46:23;48:17; 17;117:5;120:14; 66:16;174:1;175:13 188:14
22;67:5,7,11,16; 151:14;152:2,8; 138:6;154:17,19; requirements (20) rest (2)
74:23;77:19,20; 235:2;242:1; 166:4;185:10; 23:4;40:15,15; 56:7;169:4
99:15;101:12; 257:15;261:11,20; 200:19;227:9; 62:3,5;64:23;65:3, result (11)
103:18,22;106:16; 279:10;280:1 229:7;233:4; 10;66:2,5,21;72:3; 19:19;26:5,19;
107:7;109:14,20; remain (1) 243:11,16,20; 73:15;74:8;77:17; 29:20;72:10,18,23;
110:16;111:13; 201:18 286:20 175:18;186:8; 74:3;235:20;284:5;
112:6,20;113:2,23; remainder (2) representatives (2) 209:23;248:19; 285:5
114:6,13,14,21; 170:21,22 256:8;258:14 255:11 resulted (1)
115:7;116:18,21; remaining (2) represented (5) requires (4) 185:23
222:12 71:17;97:20 155:5;180:3; 19:6;109:23; results (2)
reinstated (2) Remedies (2) 247:13;256:9,23 110:8;111:5 179:22;216:4
204:7;281:12 13:15;231:18 representing (2) requiring (1) retained (3)
reinstatement (11) remember (7) 12:6;257:11 130:11 194:14,20;280:5
99:4,5,9;101:14; 9:4,6;21:19;38:8; reps (2) resale (1) retrain (1)
103:16;105:15; 72:2;90:5;184:18 51:17;251:11 208:10 252:23
106:14,23;112:22; remove (1) repurchase (3) rescanned (1) return (4)
113:15;114:11 217:18 51:19;231:19; 201:10 144:22;145:18;
reinstating (2) removed (8) 251:15 rescind (2) 146:9,10
67:8;223:1 124:7;128:6; repurchased (1) 225:10;236:4 returned (2)
reiterate (2) 132:17;133:8,9; 251:4 rescinded (1) 145:11,14
140:7,21 141:11;144:8;145:4 request (19) 133:22 returns (1)
reject (2) REO (4) 43:1;94:9,11,13; research (10) 212:1
173:5;176:2 187:10;237:20; 128:1;129:20; 67:14,14;114:7,8; reversed (1)
rejected (1) 264:22;271:15 132:7;134:12; 127:23;129:19; 88:14
180:12 REOV (1) 136:9;142:22; 132:7;142:21; review (38)
related (5) 245:9 143:16;167:11; 143:16;261:8 60:1;143:17,19;
81:20,22;83:17; repairing (1) 177:6;179:13; resell (1) 160:19;162:14;
140:1;248:21 264:16 202:21;203:15; 231:20 168:19;179:11,13,
relation (1) repairs (1) 204:17;208:8,21 resend (1) 22;201:12,13;
277:14 263:20 requested (9) 225:4 205:11;206:2,4,5;
relationship (1) repeat (3) 94:16;132:19; reserve (2) 207:5,9;210:12;
200:19 13:23;268:15,17 133:11;154:11; 196:18;227:18 228:14;269:2,3,12,
relaying (1) report (4) 188:12;210:18,20; residence (1) 16;276:9,17,23;
142:5 18:22;69:18; 227:20;272:17 132:2 277:12,20;278:8;
Reliant (79) 216:13;260:1 requests (1) resident (1) 279:7;280:10,13,
121:12;123:18; reported (1) 158:17 132:1 18;281:8;283:12,
124:7,15,19,22; 282:12 require (9) resolution (2) 14,15;285:3
125:1,10;126:8,12; Reporter (2) 19:8;36:8; 8:14;239:2 reviewed (29)
127:11,12;128:2,4, 6:1;7:10 110:14;113:14; resolve (2) 13:9;26:23;27:1,
7,22;129:11,21; reporting (1) 114:10;134:18; 226:1;241:21 14;29:12;30:5;
130:5,9,16,18; 91:19 203:6;205:2;250:13 resolving (2) 81:8;84:17;87:19;
131:12;132:9,17, reports (2) required (53) 8:20;239:8 89:10;109:1;
22;133:1,9,13,19; 260:4,6 18:16;19:5,14; respect (3) 155:10;179:3;
134:1,5,14;135:1,2, represent (7) 20:4;22:1,10;25:12, 56:19;91:12,13 198:2;204:12;
5;136:8,14,22; 7:3;127:17; 23;26:15,21;27:19; respond (1) 214:4;228:17;
137:10,16;138:2; 132:3;134:6;140:2; 29:2,3,16,23;30:20; 158:17 232:15;234:12;
139:10,20;140:13, 144:4;228:11 51:18;54:22;66:7; responding (1) 244:18;250:23;
15;141:11,15,19, representation (5) 74:11,18;75:2; 148:18 265:10,10,12;
21;142:11,14,23; 127:15;129:2; 85:15;93:13; response (5) 266:2,15;269:21;
143:10,12,13,20; 131:16;137:13; 109:13,16,18; 94:9;104:6; 270:5,7
144:3,8,11,15,19, 139:13 111:11,15;112:4, 143:18;149:14; reviewing (7)
23;145:4,6;147:2,5, representations (2) 14;115:2;157:20; 190:17 84:15;91:7;
11;148:10,16; 233:14;258:1 158:2,20;163:6; responsibilities (3) 121:14;203:22;
152:21;153:17; representative (42) 166:14,17,21; 13:19;14:6;253:8 207:14;239:6;
154:8,16;176:20; 6:17;8:9;16:3; 167:2,15;169:3,16, responsibility (1) 250:20
177:9,15;200:14; 17:7,16;18:8,14; 17,21;170:17; 284:14 revocation (3)

Min-U-Script® Bain & Associates Court Reporting Services, Inc. (307) regular - revocation
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

137:4;142:1; 22;161:23;163:14; 277:11 123:22;124:19; 62:7


152:20 164:14,20;165:6, sale (80) 129:21;141:15 secured (3)
revoked (5) 19;167:12,21; 19:20;26:7,20; satisfy (3) 19:20;26:6;29:21
126:10;127:8; 168:6,13,17; 29:21;30:15,16; 268:19;282:4,5 security (6)
137:9;142:15;147:1 169:10;171:23; 31:3,3,8;44:17,19; saw (20) 14:16;19:20;
Rhonda (2) 172:9;173:7,15,20; 46:7;47:22;53:8; 18:19,21,22; 26:6;29:21;182:12;
4:2;61:4 174:3,10,20; 54:3;58:5;112:8; 29:13;90:7;106:19; 184:22
right (276) 177:10,14;178:10; 113:6;161:12; 118:16;120:15; seeing (14)
11:20;12:13; 186:6;189:10,19; 163:3,22;164:9,19; 149:19;179:23; 52:13;90:20;
15:8,17;17:18; 192:11,21;193:1; 165:16,23;166:13; 180:5,9,10;200:7,9; 91:10;99:19;
18:11;19:10;20:5; 195:23;196:18; 169:2,22;173:17, 206:9;233:20; 105:17;106:22;
23:23;24:20,23; 204:15;205:9,23; 19;176:8,8,9,18,23; 244:8;246:23; 117:23;118:2;
25:7,13,18;26:7; 211:18;213:16; 177:2;178:20; 268:22 149:17;179:2,12;
27:12;29:10;31:5; 215:19;216:1; 180:1,6,23;181:9; saying (52) 234:10;261:16;
32:12,16;33:1; 218:3,7,19;220:6,8, 183:7;185:5,8; 15:2;43:21; 281:2
34:17;35:4,5;36:9, 23;221:3,8,11; 186:15;187:10,11; 61:15;74:17;75:12, seek (2)
11;37:8,14;38:13; 222:12,13;225:15; 200:6,12;204:6,9, 14;76:7;80:18; 225:15;226:9
39:4,5,10;45:4,12, 226:5,11;227:6,16, 10,14;205:6,7,11; 90:6;104:2;110:20; seem (2)
14,15;46:15;48:4,8; 18;229:18;232:5; 212:20;218:7; 117:6,21;125:7,17; 147:13,20
49:4,13,19;50:5,12, 236:14;243:3; 220:14,18;221:4,6; 128:7,23;129:10, seems (2)
16,20;51:6;52:18, 245:18;255:7; 228:15;229:17; 12;133:19;137:11; 87:11;148:12
23;54:18,23;55:13, 256:10,14,20,23; 230:22;233:11; 139:4,10,18; select (1)
17,18;57:1,2,16,19; 268:13,20;276:4; 238:6;245:4; 140:22,23;141:1, 241:3
58:1,2,8;61:11,12; 280:9;285:19; 264:13,22;269:1, 11;142:1,14;143:8; sell (20)
62:12,16,22,23; 286:3,11 13,19,20;270:11; 144:3;157:23; 15:4;49:23;50:2;
64:7,16;65:11,18; rights (3) 271:3,5,9,11;272:2 158:10;163:18; 55:20;57:4;219:20;
66:14;67:4,7,16; 13:18;14:6; sales (6) 168:2;169:5;170:5, 229:18;230:8;
74:12,19,23;75:9, 209:20 53:12;187:18; 9;171:3,21;174:7; 231:9;236:14,15;
13,15;76:5,7,20,22; ripe (1) 231:15;245:14,14, 179:23;180:9; 237:12;238:11,15;
77:19,20,21,22; 38:20 15 184:18;202:18; 256:10;257:1,8;
79:1,4,13,20;80:18; road (1) same (84) 203:1;206:22; 258:4;268:14,20
82:11;85:12,16; 160:11 15:15;19:23; 211:6;230:13; seller (1)
86:17,21;87:6,7; role (1) 25:16;29:1,9;30:13; 252:2;258:3 233:13
88:19;89:23;92:6,7; 214:12 41:9;43:8;62:15; scan (1) selling (1)
93:1,14,16;94:20; room (1) 66:22;75:4,14,19; 138:3 64:19
96:6;98:15,19,23; 277:1 76:9,19,23;85:4,14; scanned (1) sells (1)
99:14;100:12; roughly (2) 86:22;91:17;93:7, 201:7 264:11
101:11;102:18; 250:9;266:9 17,20,21;94:1,3; scenario (1) semicolon (1)
103:22;104:4; route (1) 95:22,23;98:18; 237:21 13:14
105:9,11;106:16; 269:9 102:15;104:22; scenes (1) Seminars (2)
107:6,13;108:2; RQ-120821-1-1 (1) 105:2,6;106:10; 39:6 248:14,15
109:14,19;110:10, 155:20 107:11;108:17; scheduled (1) send (73)
15,23;111:6,9,12, Rule (4) 115:6,22;116:10, 185:9 18:20;25:21;
18;112:5;113:21, 6:5;197:16; 20,22,23;117:2,6; scope (1) 26:11;31:11;33:7;
23;114:2,5,12,20, 199:9;204:2 118:5,10,17; 37:17 37:19;39:13;40:7;
23;115:4,7;116:3,4, ruled (3) 119:17;123:6; search (4) 43:1,5;66:9,11,17;
18,21;117:3,7,20; 205:19;237:16; 126:9;131:1,4; 82:9,12;83:2; 125:23;126:16,20,
118:22;119:12; 260:16 136:7;139:12; 192:5 23;130:2;134:5,7;
121:2;124:4,12; Rules (3) 141:2;146:6;165:5; second (13) 135:19;138:16,17;
125:20;126:1,19, 6:5;22:10;157:14 174:6;183:9;199:8, 19:22;25:22; 139:1;140:14;
21;127:2,8;130:3; rulings (2) 17;202:4;204:18; 38:6;61:3;106:13; 142:18,19;147:5,
132:15;133:20; 260:14;284:19 210:9;214:17; 159:20;161:15; 15;152:4;154:20;
134:1,8;135:8,12, run (3) 215:5,8,11,13; 168:23;185:9; 157:19,20;158:4;
20;137:1,8,16; 40:12;194:13; 233:23;246:9,12, 208:1;217:22; 159:2,13;163:5;
138:4,9,20;141:11, 206:20 14,16,16;250:6,7; 232:17;233:7 166:14,21;167:1,3,
17,20;142:4,23; running (1) 253:7;273:8,17; Section (15) 6,8,8,15,18;168:2,3,
144:1,4;145:8,20, 103:2 274:6;277:16,17; 14:17;23:22; 10,14;169:3,5,16,
20,22;146:11; rush (1) 278:1 26:10;31:9,10; 20;170:11,19,21;
150:10,15,20; 226:17 sample (1) 32:20;33:21;44:21; 171:10,12,12,13;
151:3,15,20; 41:23 53:7;62:20;72:2,8; 172:13;173:13;
153:16,20;155:4; S sampling (1) 158:19;162:5; 174:17;183:7;
157:1;158:8,23; 42:2 234:11 211:5;212:12;
159:15;160:12,16, safe (1) San (4) sections (1) 220:2,8,10;261:14;

Min-U-Script® Bain & Associates Court Reporting Services, Inc. (308) revoked - send
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

269:7;279:5 46:6;55:2;56:1,8; settled (1) 196:23;197:8; 225:23;235:18;


sender (5) 58:13;59:10;75:8; 259:9 204:6,14;221:4; 237:9;260:13
144:22;145:11, 98:18;100:13,20; Settlement (10) 228:4;249:12; six (7)
18;146:9,10 106:18;111:22; 213:11,19,21; 275:21 126:4;153:6,10;
sending (22) 112:10;158:3; 235:6;237:19; show (10) 198:19;199:22;
27:8;28:16; 162:22;163:12; 242:6,9;243:2; 11:7;21:2;70:2; 265:17,18
62:11;81:11;83:18; 169:4,14,18,19; 247:19;251:17 84:10;92:13;121:6; skip (1)
92:20;121:3;138:8; 183:21 settlements (2) 146:13;185:1; 26:13
139:17,18,21,23; separate (4) 92:5,9 232:7;249:23 slow (2)
140:10;141:1; 111:22;193:17; seven (30) showing (1) 83:2;238:5
143:11;148:16; 202:4;205:6 46:21;153:8,10; 157:4 Smith (1)
154:14;157:13; separately (1) 168:5;175:14; sic (2) 276:13
206:3;213:1,7; 23:6 176:3;177:1,10,16; 147:10;179:17 sold (10)
224:3 September (10) 179:8,14;181:12, side (1) 15:6;52:7;64:6,
sends (3) 108:19;115:1; 18;183:1,3;184:2,2, 124:18 15;217:4;231:4;
26:16;58:18; 116:5;117:4; 17;185:21;199:23; sides (1) 235:14,15;250:8;
154:13 119:15;120:16; 200:15;201:1; 141:2 263:22
senior (1) 126:4;141:9,13; 202:19;204:3,3,4, sign (2) sole (1)
215:6 142:17 16;205:2;209:14,23 236:3;271:21 201:23
sense (10) series (2) seven-day (1) signature (3) somebody (36)
39:5;117:19; 119:14;121:11 185:12 136:23;232:18,21 10:4;25:9;32:14,
125:22;138:23; serious (3) several (3) signed (10) 21;33:4,17,22;34:9;
139:4,22;163:13; 119:1;150:6; 72:13;140:16; 187:18;230:2,21; 36:5,20,21;37:20;
165:21;209:3; 215:18 233:20 231:16;233:3,22, 50:2;55:5;76:14;
221:12 seriously (1) SEXTON (28) 22;256:16,17; 80:10;82:21;94:11;
sent (104) 219:3 7:4,4,23;228:1,8, 271:23 136:3;149:20;
18:22;37:10; server (1) 10;229:15;232:1,5; significant (1) 150:4;155:14;
38:21;40:1;42:9; 193:18 236:20;244:1; 84:1 159:13;162:2;
43:1,12,14;64:12; service (9) 249:8,17;261:1; Simental (1) 181:3;183:2;195:5;
66:12;68:6;70:14, 35:19;36:1; 262:7;272:22; 155:15 196:19;213:1;
16;83:13;93:3; 37:12;86:15;143:2; 273:2,5,10,14,18, S-I-M-E-N-T-A-L (1) 238:11;262:23;
110:19;119:21; 151:10;200:16,19; 19,21;274:11,17, 155:15 267:1,5;282:11;
123:18;124:16,17, 203:4 20;275:17;276:2 similar (5) 284:3;285:2
22;126:6;128:1,4; serviced (1) shall (43) 95:5;99:22; somebody's (4)
129:20;130:3,4; 182:21 14:13;15:18; 109:11;131:15; 33:14;150:9,21;
131:5;132:1,8,11, servicer (12) 16:1,18;17:19;18:4; 246:12 207:5
19,23;133:2,11; 20:18;22:1;52:1, 19:11;25:22;31:8, simple (3) somehow (8)
134:22;135:5; 5,7;64:11;66:3,4, 13,18,21;32:4; 16:22;59:1; 49:10;82:9;
136:7;140:4,5; 22;70:15;95:17,18 44:20;45:1,5,7,16; 242:15 102:7;103:1,3,7;
141:14,18,20; services (1) 46:7,11;47:8,21; simply (13) 194:16;224:5
142:11,14,23; 22:23 49:23;55:3,16;56:6, 16:17;17:2,18; someone (2)
143:9,20;144:13, servicing (32) 23;57:9,23;58:22; 18:21;24:16;56:17; 136:4;140:2
18;145:6;146:1; 20:15;21:1,4,8, 59:19;61:10;62:21; 58:21;88:1;107:22; sometime (2)
148:8,9,13,17; 23,23;22:8;25:11; 67:3;72:20;99:14; 112:15;133:21; 136:14;146:19
149:3,17;153:16; 40:12;41:17;50:19, 100:15;101:10; 184:23;189:20 Sometimes (11)
154:15;159:4,12; 20,23;65:12;70:17; 103:21;105:16; single (6) 45:11;49:6;
163:9;166:16,17; 71:5,6;81:22;82:5; 114:19;115:6; 41:23;43:14; 64:18,19;122:12;
167:2,16;168:1,9, 91:16;92:20;93:3; 116:20 151:11;201:19,20; 182:16;252:1;
11;169:17;170:4,5, 95:13;100:14; sheet (7) 215:7 260:16,21;261:14;
16;172:16,20; 185:1;193:8; 127:3,3;128:14, sit (1) 279:3
177:15;178:23,23; 199:14;200:7; 20;131:8;133:15; 234:4 somewhat (1)
179:10;185:4; 251:3;252:2; 139:8 sitting (2) 251:13
188:11,18;191:5, 276:18;281:4 Shelby (1) 83:16;193:18 somewhere (6)
18;192:9;195:8; set (10) 54:16 situation (16) 10:19;22:19;
197:18;199:6,7,8, 169:23;176:19; sheriff (2) 24:8,8;52:11,14; 85:19;153:10;
12,21;205:15,17; 188:1;198:3; 217:10,18 113:10;150:6,8; 193:18;260:23
208:23;209:5; 208:18;233:15; shocking (1) 154:2;180:19; soon (1)
210:8,23;219:9; 247:22;248:3; 223:13 226:21;235:14; 168:16
223:22;224:11,19; 259:3,8 shop (1) 236:1,19;237:4,15; sorry (13)
272:20 sets (1) 44:7 259:13 51:23;52:1;
sentence (28) 158:1 short (12) situations (9) 100:6;111:18;
14:11,20;15:13, settle (3) 60:20;108:10; 49:7,14;52:9; 113:7;145:9;146:4,
17;25:21,22;26:12; 242:3,13;247:19 160:1;161:12; 103:9;154:9; 22,22;202:22;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

208:11;244:7; 72:20;122:18 216:6,7;224:3; 167:20;168:7; sum (4)


253:12 speculate (8) 260:15;261:3,21; 171:16;174:3; 19:19;26:6;
sort (50) 24:7;64:9; 279:12;280:4; 183:1;192:15; 29:20;250:14
22:14;23:4; 118:11,19;181:2; 281:23 204:5;211:16; summarize (1)
25:21;30:11;31:1; 225:18;257:17; stated (5) 238:9;242:11 174:5
32:19;38:11;40:10, 264:5 130:4;140:17; stipulation (1) supersede (1)
11,19,20;83:12; speculating (1) 148:5;221:23;279:1 6:6 54:2
89:2,11;97:3;103:6; 251:13 statement (7) stipulations (1) supply (1)
112:16;127:22; spell (1) 60:9;68:7;96:22; 7:18 170:14
149:8,9;152:12; 8:6 115:10;127:19; stop (14) suppose (10)
155:13;157:13,23; spend (2) 150:23;151:3 46:10;133:19; 33:2,3;34:11;
161:22;193:11; 170:2;264:16 statements (3) 139:18;159:19; 45:17;46:1;64:8;
194:14;196:21; spent (3) 94:18;207:10; 164:8;165:23; 129:16;184:9;
197:22;202:2,3; 55:23;247:3,4 212:1 178:7;181:13; 238:14;270:19
206:1;211:21; spoke (2) state-required (1) 184:3,4,18;200:15; supposed (12)
213:3;237:18; 200:13;244:20 270:12 202:20;267:10 33:8,9;49:11;
238:18;249:2; spoken (1) states (64) stopped (2) 167:3,5,8;168:8;
250:5;251:17; 181:6 22:13;24:10; 144:2;177:18 243:14;279:6,22;
252:23;260:21,22; St (1) 26:8;47:1,18,19; stopping (2) 280:2;283:23
261:23;269:9,17; 54:16 50:7,13;53:16; 176:9;270:16 supreme (2)
270:23;275:5; stage (4) 54:19;55:9;56:9; straight (1) 260:15;282:13
279:22;280:7;281:1 34:13;197:23; 57:6,8,9,21,21; 206:8 sure (113)
sounds (4) 198:1;243:3 58:11,11,14,14; straightforward (1) 9:14;14:1;19:23;
7:19;142:22; stamp (1) 60:6,7,9;72:16,16, 129:15 30:13;34:4,11;39:2;
187:21;272:19 232:14 19;73:3;97:2,4,5; stranger (1) 41:8;52:6;56:3;
South (1) stamped (2) 99:1;109:22; 52:21 65:1;68:16;70:8;
4:5 11:12;92:17 111:15;112:15; Street (1) 81:23;83:9,10,19;
speak (8) standard (4) 114:17,17,19; 4:5 84:7,16;86:7;87:18;
77:9;115:14; 31:1;37:13; 124:10;128:22; structure (2) 90:16;91:23;92:10;
121:18;123:9; 152:12;158:22 129:1,7,8,9,10; 69:17;203:20 99:8,17;101:21;
140:20;213:22; standards (1) 131:18,18,20,20; stuck (1) 119:19;122:2;
242:12;264:8 243:21 142:8,9,9;161:5,8; 206:8 127:1;129:13;
speaking (6) start (8) 164:16;172:3; stuff (10) 139:4;140:3,3;
72:15;180:20; 21:1;23:20; 183:19;199:4; 38:11;90:19; 146:5;148:6,9;
203:8;227:9;256:3, 71:12;133:8; 212:12,17,21; 91:21;130:2; 150:3,13;155:23;
5 195:13;212:14; 233:13;259:4; 139:18;148:23; 164:15,19,23;
speaks (10) 260:19;267:15 270:10 187:19;192:20; 165:20;174:6;
15:22,23;47:13, started (5) stating (6) 217:11;262:18 176:15;181:17,17;
17;48:3;56:13; 61:3;98:7; 77:3;98:6;111:3; subject (7) 183:8,14;184:20;
57:20;58:10;72:14; 119:13;157:13,18 113:1;133:21; 163:3,8,23;164:4; 192:3,5;194:11,14,
151:10 starting (2) 184:23 165:16;173:22; 19;199:11;200:3,8;
specialist (1) 80:13;253:2 statistics (1) 187:10 201:21;209:8;
240:20 starts (3) 259:21 submission (2) 213:17;214:16,18,
specialized (2) 105:5;106:20; staying (1) 176:6;270:17 19;215:2,11,23;
201:16,21 157:17 270:15 submit (4) 217:14;219:7,17;
special-needs (2) State (62) step (5) 167:4;172:5,6; 220:4;222:12,13;
214:8,13 6:3;7:3;8:3;9:17; 20:12;32:8; 177:16 226:22;228:18;
specialty (1) 11:23;16:17;17:2; 117:16;121:17; submitted (5) 234:14;235:3,5;
284:6 22:10;27:13,16; 219:3 156:23;177:12; 236:17;238:3;
specific (12) 30:17,19;40:15; steps (2) 178:12;184:17; 243:20;244:7;
66:5,10,18;76:16, 47:2,20;54:1,4; 227:11;279:15 211:15 250:23;251:10,18;
17;77:12;90:6; 56:17;57:22;60:2,3; stick (1) submitting (2) 255:19;256:12;
103:11;149:5,6; 61:4;62:4;66:12; 219:13 176:21;267:4 257:3,18;259:6,19;
159:8;253:16 73:14;86:12;87:12; sticker (2) subsequent (1) 264:18;268:22;
specifically (3) 90:14;91:12;98:3; 145:13,17 275:2 269:17;270:2,7,8,9;
12:3;149:20; 109:23;110:6,7,7, sticky (1) subsidiary (1) 271:9;275:12,13;
154:10 13;111:22;113:8, 196:8 93:4 278:14,17,23,23;
specified (7) 13,16;114:9; still (23) sue (3) 280:1,3,19,21,23;
19:18;26:5;28:2, 117:13;131:19; 25:12;43:8;61:6; 216:23;217:5,5 281:17;283:8
5;29:19;72:10,22 159:8;164:4; 101:15,23;102:15; sued (1) surrounding (1)
specify (7) 173:16;174:1,2; 105:18;106:6; 186:2 251:21
19:12;25:23; 181:14;209:18,22; 115:19;147:2; sufficient (1) Suzie (2)
26:10,16;27:9; 210:3;212:7,8; 158:7;164:17,22; 17:12 37:11;276:13

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

swear (1) 129:4 161:21 times (14) trained (4)


7:11 telling (14) Thanks (1) 9:1,3,7,11;46:21, 252:14;253:6,12;
sworn (1) 18:23;26:13; 187:3 21;64:22;72:13; 278:6
7:14 78:13;109:18; thereafter (1) 151:11;156:10; training (18)
system (22) 110:22;131:13; 21:15 224:6,12;254:6; 89:8;96:23;
33:22;34:6; 166:16;168:15; therefore (2) 286:9 248:22;249:3;
38:21,23;39:16; 170:12;180:22; 73:21;116:3 timing (4) 252:6,17,21;253:6,
40:9;102:17;131:5; 181:5;183:2;215:9; thereupon (1) 66:8;178:19; 16;254:3,16,19;
149:9;193:4,5,13, 225:16 49:22 181:18;271:20 263:6;277:20;
16,17;194:17; tells (11) thinking (1) ting (1) 281:21,21;283:5;
199:13;200:11; 14:5;23:17;24:2, 212:16 85:14 284:9
213:6;240:17,18; 6,17;151:15,23; third (57) title (21) trainings (1)
245:13;251:14 166:15;168:3; 71:13;85:4; 13:13;42:13; 254:15
systems (5) 180:14;205:16 94:15;95:19;98:9; 68:22;69:12; transaction (1)
39:8;139:5; template (34) 121:18;122:1,6,23; 127:13;182:5; 231:12
209:11;220:4,7 37:18,22;39:17; 123:6;125:15,18, 186:20;195:2; transcript (1)
40:23;43:8;80:2; 19,23;126:1,16; 208:3,4;233:17; 184:14
T 102:16,18;103:9; 135:14,15,20; 234:6,15;235:19; transfer (5)
119:20;120:21; 136:2;138:18; 236:7,18;237:9,23; 221:5;252:5;
table (1) 149:3,4,10,18,23; 139:1,14,16; 238:1,20;246:9 257:1;285:17;286:9
82:8 152:12;155:16,17, 143:13;147:15,17, titles (1) transferred (7)
talk (15) 21,21,23;156:2,9, 19,22;148:2,4,8; 276:15 15:6;21:13;64:6;
14:21;38:4; 17;159:4,14; 153:17,18,19,23; today (6) 221:9;240:4;250:6;
68:23;129:12; 163:15;164:1; 176:5;184:16; 9:15;119:16; 256:19
148:20;164:1; 189:8,11;192:10; 185:13;186:2; 186:17;244:2; transferring (2)
176:21;189:14; 194:17;213:2 187:15,16;208:7; 254:6;278:18 220:19;285:23
192:7;202:18; templates (3) 217:4,5;220:19; together (2) transfers (1)
203:9;242:12,22; 37:15;67:21; 221:9;231:10,19; 275:16;277:5 218:2
244:16;260:6 279:3 232:18;235:16,19; told (23) travel (2)
talked (2) template-type (1) 236:1,15;237:19; 65:21;72:13; 246:17;247:3
95:23;99:3 124:11 258:5;264:12 111:11;140:11,13; treat (4)
talking (19) tens (1) third-party (8) 152:8,23;154:19; 214:17;215:4,7,
12:5;13:18; 64:14 39:19;121:20; 181:22;185:20; 13
49:15;61:8;70:12; term (1) 134:12;136:9; 189:21;202:8; treated (4)
81:6;90:3;97:10,22; 102:22 152:20;203:8; 227:1,2;231:8; 214:14,20,23;
99:12;102:11; terminated (2) 236:6;271:5 239:14;251:14; 215:3
103:9,20;160:7; 137:12;180:1 thirty (1) 256:12;257:4,15, tremendously (1)
189:2;203:1; Termination (5) 26:2 18;268:9;274:9 221:13
240:22;250:17; 127:15;129:1; though (10) took (3) trends (3)
262:18 131:16;139:13; 66:22;74:2;87:4; 50:18;53:3; 260:23;261:15,21
talks (8) 148:18 105:18;140:11; 250:21 trial (3)
74:23;75:1; terminology (1) 164:16,21;177:4; top (9) 9:8;12:8;270:22
93:12;98:14; 212:16 235:21;270:9 12:21;89:18; trials (3)
100:11;183:21; terms (4) thought (12) 91:20;94:8;127:14; 8:22;239:9;
270:15;282:4 36:17;73:12; 89:21;92:2; 156:5,11;248:23; 246:18
tapes (1) 85:8;147:19 102:10,11;205:18; 254:21 tries (1)
249:7 Terry (1) 227:1,2;258:6; topic (1) 79:1
task (1) 239:20 267:9;272:1,2,3 195:20 trigger (2)
279:19 testified (7) thousand (1) topics (1) 43:5;202:11
tax (1) 7:15;8:23;12:7; 34:23 227:19 triggered (5)
212:1 27:20;188:20; thousands (4) total (3) 143:11,12;
teacher (1) 189:6,9 64:14;80:15; 71:11;103:4; 148:16;199:5;202:9
215:5 testify (7) 266:3,4 203:22 triggers (4)
team (13) 8:8,21;57:12; three (9) totally (1) 98:5;201:12;
37:6;68:1,2,10, 188:12;239:9; 23:11;46:8,15; 103:5 202:15;218:18
12;69:4,5,7;246:16; 241:12;260:18 47:9,11,22;146:20; touched (2) trouble (1)
251:11;277:2,8; testifying (1) 161:16;206:5 215:14;278:13 86:12
278:2 16:11 throughout (2) toward (2) troubling (1)
technical (2) testimony (2) 254:4;265:17 12:18;86:19 30:8
265:22;277:17 115:4;214:5 til (1) towards (1) true (3)
technically (1) Texas (3) 191:7 12:21 90:22;91:6;92:1
234:16 10:22,23;240:3 timeline (3) track (2) trust (1)
telephone (1) texts (1) 157:17;205:1,5 9:9;265:14 212:17

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

truthful (1) 284:22 150:1 uses (2) 108:8,12;159:22;


213:15 ultimately (4) unless (12) 149:23;162:9 160:3;197:10;
truthfully (1) 109:8;165:3; 14:18;33:11; using (5) 249:10,14;286:18
213:23 186:1;247:17 97:6;122:17,19; 38:21;44:10; view (5)
try (8) unable (2) 135:14;144:11; 149:19;207:11; 75:3;105:10;
9:6;41:14;206:7; 137:21;138:19 179:20;204:14; 280:12 107:8;116:12;
219:20;222:17; unauthorized (6) 242:8,10,10 usual (1) 120:14
226:22;241:21; 136:1;138:18; unlikely (3) 7:18 views (1)
261:8 139:1;143:13; 118:8,9,23 75:19
trying (17) 147:15;148:4 unlimited (1) V Vines (1)
22:17;24:14; undeliverable (2) 122:19 6:1
33:3;40:2;47:8; 138:22;145:12 unsophisticated (1) vacated (2) violated (1)
59:4;68:23;80:12; under (32) 181:1 247:23;248:3 91:15
86:11;151:6; 14:17;17:4;23:5, unsure (1) vague (2) violation (1)
179:14;207:22; 22;26:16;36:19; 22:6 45:11,16 88:18
222:23;234:1,2; 37:10;44:16;51:16, unusual (1) valid (5) virtual (2)
274:7;278:15 17;58:6;69:16; 250:19 235:23;252:10, 253:5,5
Tucker (2) 78:9;93:10;95:13; unwritten (1) 10,12;280:4 voluntarily (2)
128:18;131:10 112:17;114:13,14; 86:5 validity (2) 53:3,3
turn (6) 136:3;157:20; up (37) 231:21;236:8
12:17;94:22; 184:7,11;186:13; 9:10;19:22; values (5) W
106:12;109:10; 202:5;203:19; 30:14;52:21;55:14; 223:7,17;225:1;
132:15;197:14 205:2;230:7; 69:18;82:18;88:5; 226:12;227:8 WA (18)
turns (1) 242:10;251:14; 91:4;97:16;127:14; variables (2) 6:19,20;187:13,
49:12 253:19;258:4; 150:4;156:5; 38:7,12 14;228:11,16,21;
Tuscaloosa (1) 266:14 159:11,20;183:3; various (3) 229:10;230:8;
54:17 underlying (2) 217:21;218:1,5,12; 68:11;92:5; 233:4,9;256:9,13;
twice (8) 235:23;237:1 226:8;237:1; 248:20 268:14,21;271:12;
12:12;48:3; underneath (1) 238:12,21;240:18; vast (4) 285:15,18
119:20;131:5,6; 155:18 243:10;245:18; 192:13;263:11; wait (4)
189:12,21;248:16 understands (2) 252:11;259:20; 265:14,16 65:17;99:8;
two (17) 89:2;235:22 260:20;261:7; vendor (2) 136:15;170:20
14:23;23:13; understood (7) 264:15;265:10; 44:10,13 walk (1)
93:8;106:19;107:2; 33:13;245:2,7; 274:7;277:8; vendors (1) 61:18
108:8;130:22; 255:2;276:20; 280:11;285:8 150:19 wants (5)
161:16;173:11; 284:12,23 update (1) verbal (2) 54:6;119:5;
174:10,23;211:14, undertake (1) 249:3 177:10;182:10 121:18;157:4;
15;237:22;275:16; 150:9 updated (2) verbally (5) 278:15
278:2;285:14 underwriter (12) 156:14,17 177:19,23; warranties (3)
two-minute (1) 179:15,20;198:4, updating (2) 180:15;183:2; 51:17;233:14;
275:18 8,10;205:16,18; 138:12;139:5 200:13 251:11
type (10) 206:4,6,9,10; upload (1) version (3) warranty (3)
37:19;110:14; 211:16 207:7 8:15;156:17; 234:13,17;236:22
148:22;155:10; underwriters (5) uploaded (2) 201:16 Washington (1)
156:23;175:13; 179:10;197:18, 201:7,8 versions (1) 11:5
192:20;237:21; 20;202:5,11 upon (5) 84:9 watch (2)
261:18;266:16 underwriting (2) 143:18;151:14; versus (2) 184:13;260:8
typed (1) 179:21;210:8 152:8;231:11; 6:19,20 watering (1)
155:14 undo (2) 278:20 vice (4) 116:12
types (3) 225:3;231:11 up-to-date (1) 8:13;69:13; WATTS (29)
11:20;114:10; unduly (1) 248:19 232:23;239:1 7:8,8,17,21;8:2;
268:5 82:14 use (16) video (1) 16:20;60:12,13,16;
typewriter (1) unfamiliar (1) 24:12;33:20; 184:14 61:2;108:6,15;
193:1 12:2 37:15,18;41:14; Videographer (25) 111:4;119:12;
typically (2) unfortunately (2) 67:22,23;102:15; 4:9;6:15;7:10; 159:19;160:6;
157:11;267:13 205:4;230:3 110:4;149:8; 60:11,14,17,21; 181:10;187:20,23;
typing (2) uniform (16) 161:20;184:22; 108:7,11;119:7,10; 196:16;197:13;
37:12;193:1 11:17;33:16; 193:11;213:3,4; 159:17,21;160:2; 219:8;221:18;
34:16,18;36:4,14; 245:8 197:6,9;228:2,5; 224:6;227:16;
U 37:23;62:20;63:6, used (5) 231:23;249:6,9,13; 232:3;276:6;
10,12,18,22;110:3, 41:18;48:2; 275:19,22;286:17 286:13,16
ultimate (3) 5;219:14 184:20;187:16; videotape (11) way (24)
235:4;280:8; uniformity (1) 205:1 6:16;60:18,22; 27:10;39:10;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

40:2,3;72:5;80:20; 176:3;177:1,16; wrong (6) 4:5 2006 (4)


92:3;123:6;165:2; 181:12;184:2,17; 49:8;226:16; 11th (1) 12:14;21:5,11;
181:11;214:14; 186:18;193:3; 227:4;260:7,7; 129:18 250:10
215:8,13;229:16; 200:14;201:1; 265:22 12 (2) 2007 (2)
231:14;234:3; 202:19;204:3,4,15; wrongful (2) 12:18;25:19 10:17;71:10
250:20;252:8; 250:6,7;251:23; 265:12,22 12:33 (1) 2008 (2)
253:12;259:9; 262:21;264:3; wrongfully (1) 108:9 71:4,16
260:16;264:19; 269:13 258:7 12:36 (1) 2009 (6)
267:6;277:16 without (6) wrote (1) 108:14 85:1;87:19;
ways (2) 59:3;165:18; 78:5 12:49 (1) 92:18;100:2,4,7
14:9;221:5 206:4;210:10; 119:8 2012 (6)
week (13) 221:5,8 Y 14 (10) 95:1;100:16;
46:8,14,19,20,21, witness (7) 12:18;133:5,16; 101:13;103:14;
21;47:9,11,22; 6:12;7:11;95:2; y'all (5) 137:18;161:3; 104:1;253:2
82:23;153:13; 105:23;131:3; 7:17;119:4; 168:5;172:22; 2013 (11)
244:9;252:21 141:8;182:3 227:22;232:1; 173:5;192:9;253:4 21:21;23:8;27:7;
weeks (9) WOODBRIDGE (15) 248:11 14-page (1) 32:10;51:5;52:11;
46:8,15;47:9,11, 6:12,18;7:13;8:4; year (2) 32:18 63:18;65:20;
23;82:23,23;83:20; 60:19,23;108:9,13; 128:5;252:20 15 (16) 104:15;105:19;
84:3 159:23;160:4; years (3) 31:9,10;44:21; 250:18
weigh (1) 197:11;249:11,15; 265:17,18;283:19 108:19;115:1; 2014 (13)
142:7 286:19,22 yep (1) 130:7,14;133:15, 106:2,23;108:19;
welcome (1) W-O-O-D-B-R-I-D-G-E (1) 39:22 18;182:5,6;183:15; 115:2;119:15,17,
147:18 8:7 young (1) 185:18;191:18; 21;120:16;188:18;
weren't (6) word (6) 215:6 192:10;253:4 189:4;191:7,18;
140:18;148:10; 25:4;31:18;56:5; 16 (11) 195:16
168:8;205:7; 148:22;183:18; 0 71:16;85:1; 2016 (23)
257:21;270:6 184:20 94:23;100:16; 120:2;123:15;
What's (22) words (11) 03-23-20 (1) 101:13;103:14; 126:4;137:3,5,5,6,8,
22:21;41:17; 23:19;32:15,19; 156:12 104:1;106:1,23; 14;141:9,10,13;
62:19;65:16;73:4; 33:12;34:13;45:11; 191:18;192:10 146:23,23;147:1,8;
83:4;96:21;116:4,5; 52:20;134:5; 1 17 (3) 152:23;153:2,3;
117:10;119:22; 197:18;199:23; 71:10;191:18; 156:13;190:8;
127:13;152:14; 218:21 1 (20) 192:10 198:17;272:14
156:5;160:12; work (11) 11:8,9;20:1;22:2; 18 (10) 2017 (24)
176:15;182:23; 8:19;16:14; 28:2,5;48:7;49:1; 14:17,20;15:1,14; 127:4,13,22;
193:7;198:16; 22:17;78:7;122:9; 60:18;63:23;72:1; 92:18;100:2,4,7; 128:14;129:18;
208:20;210:14; 202:5;203:2; 73:7;74:15;99:11; 191:18;192:10 130:7,15;131:9;
222:7 205:13;239:6; 182:1;185:19; 1819 (1) 132:6,17;133:5,15,
whenever (1) 254:22;263:17 219:15;220:7; 6:9 18;134:11;136:7,
66:11 worked (1) 232:8,10 1st (3) 15;137:4,19;139:8;
whereupon (1) 284:3 1,000 (1) 6:7;7:1;198:19 144:3,7,18;145:4;
6:13 working (1) 42:1 272:8
wherever (1) 82:23 1,020 (1) 2 2018 (7)
193:19 works (4) 225:12 6:8;7:1;120:4;
whim (1) 195:1;236:18; 1/25/2013 (2) 2 (6) 190:12,22;223:20;
45:8 237:9;254:21 250:1,10 32:20;60:22; 224:9
whole (4) worlds (1) 1:40 (1) 70:3,4;73:2,6 21 (5)
34:17;149:13; 162:18 119:11 2,118 (1) 104:15;105:19;
171:8;262:10 worse (3) 10,000 (4) 94:5 127:4,13;144:2
wholly (2) 214:23;215:3; 34:20;35:14; 2,121 (1) 2121 (1)
93:4;149:14 265:5 52:22;225:13 94:23 103:15
whomever (1) writing (12) 10:13 (2) 2,148 (1) 2127 (1)
238:21 152:5,9;154:5; 6:11;7:2 94:5 104:13
who's (5) 180:16;182:10,13, 100 (1) 2:29 (1) 2133 (1)
50:2;69:9;92:20; 17,18,23;183:8; 42:1 159:23 105:22
150:4;162:2 184:6;185:21 100,000 (2) 2:41 (1) 2134 (1)
wife (1) written (12) 34:21;35:16 160:5 106:13
214:7 19:1;86:6,8; 11:14 (1) 20 (3) 2143 (1)
win (2) 94:13;129:3; 60:19 83:1;131:9; 109:11
91:22,23 130:11,16;134:19; 11:33 (1) 225:12 21st (3)
within (22) 135:13;194:15,16; 61:1 200,000 (1) 136:7,14;139:8
103:11;112:9; 274:3 1117 (1) 35:21 22 (85)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

12:22;13:6,8; 197:7 94:4,6;99:6,16; 907 (2)


14:5;15:13;17:1; 3:42 (1) 101:13;197:10; 146:15;160:8
25:19;26:16;28:7, 197:12 249:10 918 (3)
10,12,16;29:23; 30 (8) 5:18 (1) 121:7;123:14,15
36:18,20;37:11,19; 6:5;19:15; 275:20 919 (2)
38:16;39:13,22; 158:21;160:22; 5:19 (1) 126:3;141:6
44:16;53:6;58:7; 198:19;204:23; 275:23 921 (2)
61:8;64:5;72:1; 205:1;246:10 5:32 (2) 127:2;142:14
73:7,18,21;74:1,2,9, 30b6 (1) 286:20,23 922 (1)
15,20,22;75:14,21, 286:19 50 (2) 127:12
23;76:7,11;77:5,13; 30-day (1) 9:6;247:2 923 (2)
78:8,12,16;80:9; 161:1 127:21;142:20
81:2;85:9,19;87:4, 31 (4) 6 924 (1)
9,23;99:11;101:8, 123:15;134:11; 128:13
10,16,20;102:1; 137:14;198:19 6 (8) 926 (1)
103:20;105:11,16, 31st (3) 121:7,9;126:4; 129:17
20;107:9;108:3; 137:8;141:10; 141:9,13;147:10; 927 (1)
116:5,11;117:6; 147:1 249:14;286:18 130:7
118:18,21;219:12; 35203 (1) 61 (1) 928 (1)
220:7;221:20; 6:10 11:12 130:21
222:2,7;223:11; 35205 (1) 63 (1) 929 (1)
281:15,22,23; 4:6 23:11 131:8
282:5,6,14,19; 3600 (2) 930 (1)
283:7,17;284:10 132:2,12 7 131:11
220 (1) 3rd (1) 931 (1)
225:12 12:14 7 (28) 131:23
22nd (1) 146:14,16; 933 (1)
4:5 4 154:13;160:7; 132:5
23 (1) 170:9;174:7; 934 (1)
156:13 4 (5) 175:12,23;176:13; 132:15
24 (1) 92:14,15;100:5,7; 178:3,5;180:4; 935 (1)
132:6 160:3 182:23;183:12; 133:4
2412 (1) 4:18 (1) 185:17;198:15,23; 936 (1)
108:19 228:3 199:18,21;202:7, 133:14
25th (4) 4:19 (1) 12;208:22;211:9; 937 (1)
21:20;144:18,22; 228:6 267:4;270:15; 133:18
146:7 4:44 (1) 271:6;272:15; 938 (1)
26 (5) 249:11 273:16 134:10
127:22;144:7; 4:48 (1) 700 (1) 939 (1)
145:4;146:11;272:8 249:16 201:1 136:6
27 (4) 40 (1) 72 (2) 941 (1)
146:23;152:23; 82:23 12:18;25:20 137:18
170:4;198:16 442 (1) 73 (1) 942 (1)
27th (2) 70:7 11:12 139:7
199:16,17 443 (1) 943 (2)
28 (1) 70:7 8 139:9;144:2
198:18 471 (1) 944 (1)
29 (1) 84:12 8 (3) 144:6
198:18 472 (1) 128:14;186:19,21 945 (1)
2nd (7) 84:12 8/1 (1) 144:16
132:16;147:8; 475 (1) 206:17 947 (3)
153:2;198:19; 92:17 144:21;146:6,9
207:16;272:9,13 476 (1) 9 949 (5)
92:17 121:8;145:3,12,
3 48 (1) 9 (3) 15;146:10
269:13 188:1,4;227:21
3 (7) 48-hour (4) 90 (1)
23:22;84:11,13; 269:12;278:1,8; 122:8
87:9;100:2;108:12; 281:1 905 (5)
159:22 146:14;152:17;
3/23/2016 (1) 5 156:12;160:8,9
156:18 906 (1)
3:25 (1) 5 (7) 161:16

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