Case 1:15-cv-00293-LTS-RWL Document 427 Filed 09/30/19 Page 1 of 13

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

S&A CAPITAL PARTNERS, INC.,

MORTGAGE RESOLUTION SERVICING,
LLC; and 1ST FIDELITY LOAN No. I :15-cv-00293-LTS-RWL
SERVICING, LLC,
DECLARATION OF
Plaintiffs
IROBERTO L. DI MARCO
V.

JPMORGAN CHASE BANK, N.A.,

JP MORGAN CHASE & CO., and
CHASE HOME FINANCE LLC

Defendants.

DECLARATION OF ROBERTO L. DI MARCO

I, Roberto L. Di Marco, state that the following is true:

1. I am a partner in the law firm of Foster, Walker & Di Marco, P.C.

2. I am licensed to practice before the state and federal courts of Massachusetts. I

have been admitted pro hac vice to practice before this court for this matter. I am an attorney in

good standing and my Massachusetts bar number is 645157.

3. I am one of the attorneys who represents Plaintiffs S&A CAPITAL PARTNERS,

INC., ("S&A"); MORTGAGE RESOLUTION SERVICING, LLC. ("MRS"); and 1ST

FIDELITY LOAN SERVICING, LLC, ("1 st Fidelity") (collectively "Plaintiffs") in the above

captioned matter.

4. I have personal knowledge of the facts set forth in this Declaration, which I make
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in order to place before the Court certain information and material relevant to Plaintiff Mortgage

Resolution Services, LLC's Motion for Partial Summary Judgment.

5. Attached hereto as Exhibit 1 is a true and accurate copy of an Audit Department

Report, produced in this litigation, Bates stamped JPMC-MRS-00319625-00319634, dated

August 1, 2011.

6. Attached hereto as Exhibit 2 is a true and accurate copy of excerpts from Launi

Solomon's deposition taken on May 17, 2017.

7. Attached hereto as Exhibit 3 is a true and accurate copy of excerpts from Victor

Fox's deposition taken on January 12, 2018.

8. Attached hereto as Exhibit 4 is a true and accurate copy of excerpts from Omar

Kassem's deposition taken on June 22, 2017.

9. Attached hereto as Exhibit 5 is a true and accurate copy of excerpts from Patrick

Michael "Mike" Boyle's deposition taken on June 23, 2017.

10. Attached hereto as Exhibit 6 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00040530-00040533, from Chad Paxton to Patrick

Boyle, dated July 31, 2012.

11. Attached hereto as Exhibit 7 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00053749-00053751, from Cecelia Barbieri to Patrick

Boyle and others, dated January 7, 2014.

12. Attached hereto as Exhibit 8 is a true and accurate copy of Chase's loan files of

debtor Jorge Campos, produced in this litigation, Bates numbered JPMC-MRS-LOANFILES-

00072408-00072444.

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13. Attached hereto as Exhibit 9 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00113944-00113951, titled "Recovery One Note

Sale Procedure."

14. Attached hereto as Exhibit 10 is a true and accurate copy of the Expert Report of

Richard W. Payne III.

15. Attached hereto as Exhibit 11 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00005122-00005124, from Victor Fox to Sam Brown,

dated November 4, 2008.

16. Attached hereto as Exhibit 12 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00005207-00005209, from Jason Richmond to Sam

Brown, dated October 30, 2008.

17. Attached hereto as Exhibit 13 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003098-00003101 , from Eddie Guerrero to Chad

Paxton, dated November 5, 2008.

18. Attached hereto as Exhibit 14 is a true and accurate copy of exerpts of the

Purchase and Assumption Agreement between the Federal Deposit Insurance Corporation,

Receiver of Washington Mutual Bank, and JPMorgan Chase Bank, National Association,

available at https://www.fdic.gov/about/freedom/washington_mutual_p_and_a.pdf (last visited

May 5, 2019).

19. Attached hereto as Exhibit 15 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00243311-00243330, titled "Recovery One

Replacement Discovery - Return on Investment Overview."

20. Attached hereto as Exhibit 16 is a true and accurate copy of the Certification of

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Lien Release, produced in this litigation, Bates stamped JPMC-MRS-00368707-00368708,

submitted in relation to the National Mortgage Settlement, executed by Patrick M. Boyle, and

dated October 31, 2014.

21. Attached hereto as Exhibit 17 is a true and accurate copy of the Certification of

Patrick M. Boyle as to JP Morgan Chase's N.A.'s Intact Lien Validation Process, produced in this

litigation, Bates stamped JPMC-MRS-00159554-00159555, submitted in relation to the HUD

Consumer Relief Program, dated August 6, 2015.

22. Attached hereto as Exhibit 18 is a true and accurate copy of the Certification of

Patrick M. Boyle as to JP Morgan Chase's N.A.'s Intact Lien Validation Process, produced in this

litigation, Bates stamped JPMC-MRS-00057617-00057618, submitted in relation to the HUD

Consumer Relief Program, dated November 17, 2015.

23. Attached hereto as Exhibit 19 is a true and correct copy of the Declaration of

Laurence Schneider, filed in this action at ECF 262-3.

24. Attached hereto as Exhibit 20 is a true and accurate copy of the Expert Report of

Jeffrey S. Andrien.

25. Attached hereto as Exhibit 21 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00007926-0000793 l, titled "MASTER

MORTGAGE LOAN SALE AGREEMENT."

26. Attached hereto as Exhibit 22 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00002034-00002037, titled "MASTER

MORTGAGE LOAN SALE AGREEMENT."

27. Attached hereto as Exhibit 23 is a true and accurate copy of excerpts from

Caroline Iacino's deposition taken on July 10, 2017.

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28. Attached hereto as Exhibit 24 is a true and accurate copy of excerpts from Jeffrey

McGrane's deposition taken on October 26, 2017.

29. Attached hereto as Exhibit 25 is a true and accurate copy of excerpts from

Richard W. Payne, Ill's deposition taken on January 28, 2019.

30. Attached hereto as Exhibit 26 is a true and accurate copy of excerpts from Brad

Axel's deposition taken on July 11, 2017.

31. Attached hereto as Exhibit 27 is a true and accurate copy of the Expert Report of

Zachary Allen Bumpus.

32. Attached hereto as Exhibit 28 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00021453-00021468, from Eddie Guerrero to Victor

Fox, dated October 22, 2008.

33. Attached hereto as Exhibit 29 is a true and accurate copy of an email produced in

this litigation, Bates stamped SA00277780-SA00277784, from Launi Solomon to Laurence

Schneider, dated February 17, 2010.

34. Attached hereto as Exhibit 30 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000439-00000440, from Eddie Guerrero to

Laurence Schneider, dated September 16, 2008.

35. Attached hereto as Exhibit 31 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00005108-00005110, from Victor Fox to Sam Brown,

dated October 30, 2008.

36. Attached hereto as Exhibit 32 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003335, from Eddie Guerrero to Chad Paxton,

dated October 29, 2008.

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37. Attached hereto as Exhibit 33 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000791-00000792, from Eddie Guerrero to

Laurence Schneider, dated October 30, 2008.

38. Attached hereto as Exhibit 34 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000120-00000121, from Eddie Guerrero to

Laurence Schneider, dated November 4, 2008.

39. Attached hereto as Exhibit 35 is a true and accurate copy of selected rows of a

spreadsheet produced in this litigation, Bates stamped JPMC-MRS-00369034.

40. Attached hereto as Exhibit 36 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000812-00000814, from Eddie Guerrero to

Laurence Schneider, dated November 5, 2008.

41. Attached hereto as Exhibit 37 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000101-00000107, from Laurence Schneider to

Eddie Guerrero, dated November 6, 2008.

42. Attached hereto as Exhibit 38 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003289, from Eddie Guerrero to Victor Fox, dated

November 6, 2008.

43. Attached hereto as Exhibit 39 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00005284-00005285, from Victor Fox to Eddie

Guerrero, dated November 11, 2008.

44. Attached hereto as Exhibit 40 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00001028-00001029, from Laurence Schneider to

Eddie Guerrero, dated November 13, 2008.

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45. Attached hereto as Exhibit 41 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003422-00003426, from Victor Fox to Eddie

Guerrero, dated November 19, 2008.

46. Attached hereto as Exhibit 42 is a true and accurate copy of excerpts from

Laurence Schneider's depositions taken on July 28, 2017 and November 16, 2017.

47. Attached hereto as Exhibit 43 is a true and accurate copy of excerpts of the Expert

Rebuttal Report of Richard W. Payne III.

48. Attached hereto as Exhibit 44 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003499, from Jason Oquendo to Eddie Guerrero,

dated January 6, 2009.

49. Attached hereto as Exhibit 45 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00006140.

50. Attached hereto as Exhibit 46 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000486, from Eddie Guerrero to Laurence

Schneider, dated December 23, 2008.

51. Attached hereto as Exhibit 47 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00369484, from Eddie Guerrero to Laurence

Schneider, dated January 5, 2009.

52. Attached hereto as Exhibit 48 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003418-0000342 l, from Laurence Schneider to

Eddie Guerrero, dated January 5, 2009.

53. Attached hereto as Exhibit 49 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00001041, from Eddie Guerrero to Laurence

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Schneider, dated February 4, 2009.

54. Attached hereto as Exhibit 50 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00002826-00002832, titled "Mortgage Loan

Purchase Agreement."

55. Attached hereto as Exhibit 51 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003109-00003111, from Laurence Schneider to

Eddie Guerrero, dated February 4, 2009.

56. Attached hereto as Exhibit 52 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003268-00003270, from Eddie Guerrero to Jason

Richmond, dated February 9, 2009.

57. Attached hereto as Exhibit 53 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00005036-00005038, from Victor Fox to Eddie

Guerrero, dated February 9, 2009.

58. Attached hereto as Exhibit 54 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00003022, from Eddie Guerrero to Victor Fox, dated

February 23, 2009.

59. Attached hereto as Exhibit 55 is a true and correct copy of Exhibit 4 to the Fourth

Amended Complaint, filed in this action at ECF 292-4.

60. Attached hereto as Exhibit 56 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00369108, from Eddie Guerrero to Laurence

Schneider, dated February 25, 2009.

6 I. Attached hereto as Exhibit 57 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00002809-0000281 l, from Chad Paxton to Victor

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Fox, dated March 10, 2009

62. Attached hereto as Exhibit 58 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000562, from Eddie Guerrero to Laurence

Schneider, dated March 16, 2009.

63. Attached hereto as Exhibit 59 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000793-00000794, from Laurence Schneider to

Eddie Guerrero, dated March 17, 2009.

64. Attached hereto as Exhibit 60 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000581, from Eddie Guerrero to Laurence

Schneider, dated March 18, 2009.

65. Attached hereto as Exhibit 61 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000575-00000579, from Eddie Guerrero to

Laurence Schneider, dated March 23, 2009.

66. Attached hereto as Exhibit 62 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00000555, from Eddie Guerrero to Laurence

Schneider, dated March 23, 2009.

67. Attached hereto as Exhibit 63 is a true and accurate copy of excerpts of the Expert

Report of Arthur P. Baines.

68. Attached hereto as Exhibit 64 is a true and correct copy of the Declaration of

Laurence Schneider, filed in this action at ECF 310.

69. Attached hereto as Exhibit 65 is a true and correct copy of Exhibit 1 to the Fourth

Amended Complaint, filed in this action at ECF 292-1.

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70. Attached hereto as Exhibit 66 is a true and correct copy of excerpts of a document

prodced in this litigation, Bates stamped SA00112504-SA00112735.

71. Attached hereto as Exhibit 67 is a true and accurate copy of selected columns of a

spreadsheet produced in this litigation, Bates stamped JPMC-MRS-00014130.

72. Attached hereto as Exhibit 68 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00369491, from Eddie Guerrero to Laurence

Schneider, dated March 19, 2009.

73. Attached hereto as Exhibit 69 is a true and accurate copy of an email produced in

this litigation, Bates stamped SA00277358, from Launi Solomon to Laurence Schneider and

Angelique Reynoso, dated December 18, 2009.

74. Attached hereto as Exhibit 70 is a true and accurate copy of an email produced in

this litigation, Bates stamped SA00277863, from Launi Solomon to Laurence Schneider, dated

December 29, 2009.

7 5. Attached hereto as Exhibit 71 is a true and accurate copy of a letter produced in

this litigation, Bates stamped JPMC-MRS-LOANFILES-00007306-00007307, from Larry Fells

to Fred Allen Frederick, dated September 23, 2016.

76. Attached hereto as Exhibit 72 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00016274-00016275, from Omar Kassem to Laurence

Schneider, dated October 1, 2012.

77. Attached hereto as Exhibit 73 is a true and accurate copy of a document produced

in this litigation, Bates stamped SA00127495- SA00127510.

78. Attached hereto as Exhibit 74 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00001356-00001365, from Launi Solomon to

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Laurence Schneider, dated May 29, 2013.

79. Attached hereto as Exhibit 75 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00043503-000435 l 4, titled "DOJ: Default:

Recovery 2nd Lien Credit Initiative Concept Design Document - Tactical."

80. Attached hereto as Exhibit 76 is a true and accurate copy of a document produced

in this litigation, Bates stamped JPMC-MRS-00024325-00024328, titled "DOJ Extinguishment

Program Proposal."

81. Attached hereto as Exhibit 77 is a true and accurate copy of Exhibit 5 to the

Supplemental Responses of Plaintiffs S&A and 1st Fidelity to Defendant's Third Set of

Interrogatories.

82. Attached hereto as Exhibit 78 is a true and accurate copy of excerpts from Erika

Lance's deposition taken on October 5, 2017.

83. Attached hereto as Exhibit 79 is a true and accurate copy of excerpts of a

document produced in this litigation, Bates stamped JPMC-MRS-00155219, titled "Walk

Population Lien Release."

84. Attached hereto as Exhibit 80 is a true and correct copy of excerpts of the

Defendants' Answer to the Fourth Amended Complaint, filed in this action at ECF 295.

85. Attached hereto as Exhibit 81 is a true and accurate copy of Plaintiffs Exhibit 30

from Jeffrey McGrane' s deposition taken on October 26, 2017.

86. Attached hereto as Exhibit 82 is a true and accurate copy of a document produced

in this litigation, Bates stamped SA00236339- SA00236347.

87. Attached hereto as Exhibit 83 is a true and accurate copy of an email produced in

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this litigation, Bates stamped JPMC-MRS-00017505-00017506, from Laurence Schneider to

Omar Kassem, dated December 5, 2012.

88. Attached hereto as Exhibit 84 is a true and accurate copy of excerpts of a

document produced in this litigation, Bates stamped SA00190157.

89. Attached hereto as Exhibit 85 is a true and correct copy of excerpts of a document

produced in this litigation, Bates stamped JPMC-MRS-00010573, titled "Recovery Review

Worksheet."

90. Attached hereto as Exhibit 86 is a true and correct copy of an excerpt of a

document produced in this litigation, Bates stamped JPMC-MRS-LOANFILES-00410720.

91. Attached hereto as Exhibit 87 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00005516-00005519, from Jeffrey McGrane to Chad

Paxton, dated January 22, 2010.

92. Attached hereto as Exhibit 88 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00009688-00009693, from Launi Solomon to

Laurence Schneider, dated December 15, 2010.

93. Attached hereto as Exhibit 89 is a true and correct copy of the Declaration of

Michael J. Zeeb, filed in this action at ECF 202.

94. Attached hereto as Exhibit 90 is a true and accurate copy of a letter from Roberto

Di Marco to Christian Pistilli, dated July 23, 2018.

95. Attached hereto as Exhibit 91 is a true and accurate copy of a letter from Christian

Pistilli to Roberto Di Marco, dated July 20, 2018.

96. Attached hereto as Exhibit 92 is a true and accurate copy of a document produced

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in this litigation, Bates stamped SA004687 l 7, titled "Mortgage Resolution Servicing, LLC.,

Transaction Detail By Account, All Transactions."

97. Attached hereto as Exhibit 93 is a true and accurate copy of excerpts from Marsha

J. Courchane's deposition taken on February 5, 2019.

98. Attached hereto as Exhibit 94 is a true and accurate copy of excerpts from the

Expert Report of Marsha J. Courchane.

99. Attached hereto as Exhibit 95 is a true and accurate copy of an email produced in

this litigation, Bates stamped JPMC-MRS-00002079-00002087, from Omar Kassem to Laurence

Schneider, dated March 1, 2013.

100. Attached hereto as Exhibit 96 is a true and accurate copy of an email produced in

this litigation, Bates stamped SA00277670-SA00277674, from Launi Solomon to Laurence

Schneider, dated May 30, 2013.

101. Attached hereto as Exhibit 97 is a true and accurate copy of an email produced in

this litigation, Bates stamped SA00277590- SA00277594, from Launi Solomon to Laurence

Schneider, dated August 15, 2013.

102. Attached hereto as Exhibit 98 is a true and correct copy of excerpts of the

Declaration of Laurence Schneider, filed in this action at ECF 191.

th
Signed under the pains and penalties of perjury this 8 day of March, 2019.

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