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IN THE CIRCUIT COURT OF THE SEVENTEENTH
JUDICIl'.:L CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NUMBER: CACE 08-47335 13
U.S. BANK NATIONAL ASSOCIATION AS
__ 8 __ SUCCESSOR TO .. LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE FOR THE
9 C-BASSMORTGAGE LOAN ASSET-BACKED
---CERTIFICATES, SERIES 2007-CB5,
ORIGINAL
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. Plaintiff,
vs.
JOYCE AUSTIN, et al.,
Defendants.
600 West Hillsboro Boulevard
Suite 220
Deerfield Beach, Florida
Monday, June 8, 2009
12:30 p.m. - 3:55 p.m.
DEPOSITION OF DENISE MICHELLE BAILEY
Taken before Robert I. Fingles, Court
Reporter, Notary Public in and for the State of
Florida at Large, pursuant to Notice of Taking
Deposition filed in the above cause.
VeritextlFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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Witness
APPEARANCES
ERIN PRETE, ESQ., and DANIELLE N.
PARSON, ESQ., of the firm of Butler
& Hosch, 3185 South Conway Road, Suite
E, Orlando, Florida 32812, on behalf of
the Plaintiff.
JOSH BLEIL, ESQ., of the firm of The
Ticktin Law Group, P.A., 600 West
Hillsboro Boulevard, Suite 220, Deerfield
Beach, Florida 33441, on behalf of the
Defendants.
I N D E X
Direct Cross
Denise M. Bailey 3
E X H I BIT S
Defendant's For Ident.
A Affidavit Of Indebtedness 53
B Complaint 80
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1 Thereupon--
2 DENISE MICHELLE BAILEY,
3 was called as a witness by the Defendants and, having
4 been first duly sworn, testified as follows:
5 THE WITNESS: I do.
6 DIRECT EXAMINATION
7 BY MR. BLEIL:
8 Q. Miss Bailey, have you ever had your
9 deposition taken before?
10 A. I have.
11 Q. We are here for a deposition. Since
12 you've had your deposition taken before you probably
13 know these things, but just some general housekeeping
14 things makes it easier for our Court Reporter mostly.
15 I'm going to be asking my questions
16 verbally. If you don't understand a question the way
17 I've asked it, ask me to rephrase it because the last
18 thing that I want or your attorneys want is for you
19 to be guessing. If I have to make the question
20 easier, or parse it out, I'll be happy to try. Along
21 those lines, too, if I ask you a question and you
22 answer it, I'm going to assume you understand it
23 unless you tell me differently.
24 A. Okay.
25 Q. Also, Mr. Court Reporter is here taking
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1 down what we say. That's a blessing and a curse. He
2 takes down what we say, but he can't take down shrugs
3 of the shoulder or nods of the head.
4 A. Okay.
5 Q. So I'm going to verbalize my questions
6 and I'll appreciate it if you verbalize your answers.
7 Along those lines, too, I'm going to do
8 my best not to step on your answer because we all
9 want to know what your answer is. So if you give me
10 a chance to ask my question, I'll do my best not to
11 step on your answer because as good as the Court
12 Reporter is he can only take down one person talking
13 at a time. It just makes it easier for everybody.
14 A. That's right.
15 Q. If you need a bathroom break, or need to
16 take a medication break, let me know. It's not as if
17 we've got to be chained to our chairs. We don't need
18 to make it anymore uncomfortable than the temperature
19 of the room already is.
20 A. Okay.
21 Q. With those basic housekeeping things,
22 could you please state your full name for the record?
23 A. Denise Michelle Bailey.
24 Q. Could you spell that for the Court
25 Reporter?
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1 A. D-E-N-I-S-E, Michelle, M-I-C-H-E-L-L-E,
2 Bailey, B-A-I-L-E-Y.
3 Q. Miss Bailey, where are you currently
4 employed?
5 A. Litton Loan Servicing.
6 Q. What is the address for Litton Loan
7 Servicing?
8 A. It is 4828 Loop Central Drive, L-O-O-P,
9 Central Drive, Houston, Texas. I don't remember the
10 Zip Code.
11 Q. How long have you been working for Litton
12 Loan Servicing?
13 A. About twelve years.
14 Q. Before we jump into the employment,
15 what's your educational background?
16 A. I have a high school education.
17 Q. What high school did you graduate from?
18 A. Central Tech.
19 Q. Where is Central Tech located?
20 A. Syracuse, New York.
21 Q. What year did you graduate from high
22 school?
23 A. If I remember correctly, '73.
24 Q. Do you have any secondary education?
25 A. No.
Veritext/Florida Reporting Co.
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1 Q. Going through some of your employment,
2 after you graduated high school where did you go to
3 work or did you work, I should say? Did you get a
4 job after you graduated high school?
5 A. I did, but I don't remember where it was.
6 I've been in the mortgage business thirty-two years.
7 Q. Do you remember your first job?
8 A. No, I don't.
9 Q. Do you remember your second job?
10 A. No, I don't. I've been in the mortgage
11 business since '77.
12 Q. What did you do in 1977 in the mortgage
13 biz?
14 A. I was at a loan servicing shop.
15 Q. Which loan servicing shop was that?
16 A. It was at the time called United Savings.
17 Q. Where was United Savings located?
18 A. Houston, Texas.
19 Q. Did you have a title when you started off
20 with the loan servicing shop?
21 A. Insurance. Insurance clerk.
22 Q. What did you do at the loan servicing
23 shop as an insurance clerk?
24 A. Monitored the payment of annual premiums.
25 Q. Who would make those annual premium
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1 payments?
2 A. Mortgagors.
3 Q. Did you have any other position when you
4 were with the loan servicing shop?
5 A. I don't remember.
6 Q. Do you remember how long you were there
7 at the loan servicing shop?
8 A. I was there -- no, I don't remember the
9 exact numbers of years. Maybe about fourteen.
10 Q. Did you work as an insurance clerk for
11 the entire fourteen years?
12 A. I did not, but I don't remember all the
13 positions I held at that time.
14 Q. Well, do you remember any of the
15 positions you held during the fourteen years you
16 worked there?
17 A. Collections is part of it.
18 Q. Do you remember the specific time you
19 worked for collections?
20 A. No, I don't.
21 Q. Do you remember the length of time you
22 worked for collections?
23 A. A number of years, but I don't remember
24 the exact.
25 Q. Did you hold the insurance clerk title
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1 and a collections title simultaneously?
2 A. No.
3 Q. So they were independent positions?
4 A. Yes.
5 Q. You remember that you were an insurance
6 clerk and you worked in collections. What did you do
7 for collections?
8 A. Called mortgagors for payments.
9 Q. You were an insurance clerk, collections.
10 Any other positions you held in the fourteen years
11 that you were working at the loan servicing shop?
12 A. I don't remember offhand. I don't
13 remember.
14 Q. So you don't remember if you had any
15 other positions?
16 A. No, I don't.
17 Q. Did you have a supervisor when you were
18 an insurance clerk?
19 A. Yes, I did, but I don't remember her
20 name.
21 Q. Did you have a supervisor when you were
22 working in the Collections Department?
23 A. I did.
24 Q. Do you remember that individual's name?
25 A. I do, Karen Lancaster.
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1 Q. Do you remember how to spell Karen's last
2 name? Just like it sounds?
3 A. Just like it sounds.
4 Q. There's a little city in Pennsylvania
5 called Lancaster.
6 What did you do when you were working for
7 the loan servicing shop besides doing the insurance
8 and the collection calls?
9 MS. PRETE: Objection. Asked and
10 answered.
11 THE WITNESS: That was all I can remember
12 from those years.
13 BY MR. BLEIL:
14 Q. You don't have defects in your memory, do
15 you, any diagnosable memory issue?
16 A. I don't know.
17 Q. You're not under any medications that
18 would affect your memory, as we sit here today,
19 right?
20 A. No.
21 Q. Were you at the same physical location
22 for that fourteen years when you worked for the loan
23 servicing shop?
24 A. No, two different locations.
25 Q. Can you give me the first location?
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1 A. Don't know the numbers. Southwest
2 Freeway, Houston, Texas. The second location
3 Ranchester Street, Houston, Texas.
4 Q. After you worked for the loan servicing
5 shop did you find any other employment?
6 A. Yes, Mellon Mortgage.
7 Q. Do you remember the year you started
8 working for Mellon Mortgage?
9 A. I believe '91 or '90.
10 Q. What was the reason you left the loan
11 servicing shop?
12 A. I don't remember. I don't remember why I
13 left that one.
14 Q. Were you terminated?
15 A. No, I was not.
16 Q. Did you leave of your own volition?
17 A. I did.
18 Q. Did you have your job lined up or did you
19 already have a job at Mellon Mortgage when you left
20 loan servicing?
21 A. I don't think so. I think there was a
22 little gap.
23 Q. Did you have a title when you started at
24 Mellon Mortgage?
25 A. I worked in claims.
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1 Q. What did that position entail?
2 A. Filing claims with mortgage insurance
3 companies.
4 Q. Who did you file those claims on behalf
5 of?
6 A. On behalf of the servicer.
7 Q. Did you have a supervisor when you were
8 working for the Claims Department at Mellon Mortgage?
9 A. I did. I can't remember his last name.
10 His first name was Greg.
11 Q. Did you have a specific title when you
12 first started working at Mellon Mortgage?
13 A. Claims. Claims processor.
14 Q. Did you have any other positions when you
15 were working at Mellon Mortgage besides that of a
16 claims processor?
17 A. I did. Customer service supervisor.
18 Q. Do you remember when you started your
19 position as the customer service supervisor position?
20 A. No, I don't.
21 Q. Do you remember if it was a number of
22 months, a number of years?
23 A. It was a number of years, but I don't
24 remember how many.
25 Q. How many years did you work for Mellon
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1 Mortgage?
2 A. Maybe about seven.
3 Q. What did you do as a customer service
4 supervisor?
5 A. Monitor calls.
6 Q. What kind of calls did you monitor?
7 A. The calls between the service reps and
8 the mortgagors.
9 Q. When you monitored these calls, what did
10 your duties entail?
11 A. You monitored them for quality, to make
12 sure that they were giving quality answers.
13 Q. Was that quality established by some kind
14 of a written procedure?
15 A. Yes, it was.
16 Q. Like a standard operating or standard
17 customer service procedures in place at Mellon
18 Mortgage regarding the customer service end of it?
19 A. There was.
20 Q. When you were a customer service
21 supervisor, what kind of things would you monitor?
22 You mentioned, I think earlier, something about
23 giving the right answer or the correct answer,
24 something like that. What did that entail?
25 A. People call in for tax questions,
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1 insurance questions, collections. If it didn't
2 pertain to our department, we would transfer the
3 call.
4 Q. You mentioned giving the right answers.
5 What would be a right or a wrong answer? I'm trying
6 to flush out what you did.
7 A. I don't know. It would depend on what
8 the question was.
9 Q. What would be a standard question?
10 A. Have my taxes been paid.
11 Q. And what would be a right answer to that
12 question?
13 A. It would depend on whether or not their
14 taxes were paid.
15 Q. How would you ascertain if the question
16 was right or wrong?
17 A. You would look it up on the system to see
18 if they were paid.
19 Q. So you were more supervising the
20 conveyance of information, not necessarily the way
21 that it was conveyed?
22 A. Correct.
23 Q. Did you have any kind of involvement with
24 facilitating or abiding by the Fair Debt Collections
25 Practices Act?
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1 A. I don't remember. I don't remember when
2 that became law. I don't remember.
3 Q. But you know of that?
4 A. I know of it now.
5 Q. Do you also know it goes by an acronym of
6 FDCPA?
7 A. Yes.
8 Q. So if I use FDCPA in our deposition
9 today, you're going to understand that I'm referring
10 to the Fair Debt Collections Practices Act?
11 A. Yes, but I'm not in collections.
12 Q. You mean not in collections today or not
13 in collections --
14 A. Back then, yes.
15 Q. Back then part of your job was monitoring
16 the calls, right?
17 A. Yes.
18 Q. As a customer service supervisor?
19 A. Yes.
20 Q. After you were a customer service
21 supervisor did you hold any other positions at Mellon
22 Mortgage?
23 A. No.
24 Q. How many individuals did you supervise at
25 one time?
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1 A. If I recall, maybe ten.
2 Q. These were essentially people taking
3 calls, incoming calls, right?
4 A. Yes.
5 Q. Do you know if any of those telephone
6 conversations were ever recorded?
7 A. I don't know.
8 Q. After you worked at Mellon Mortgage did
9 you get a different job after that?
10 A. Yes.
11 Q. What job was that then?
12 A. Litton.
13 Q. Do you remember when you started at
14 Litton?
15 A. October '96.
16 Q. What was the reason you left your employ
17 with Mellon Mortgage?
18 A. I was offered a position at Litton.
19 Q. What position did they offer you at
20 Litton?
21 A. Foreclosure supervisor.
22 Q. What did you do as a foreclosure
23 supervisor at Litton Loan?
24 A. Reviewed foreclosure documents, assigned
25 loans to attorneys.
Veritext/Florida Reporting Co.
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1 Q. What kind of foreclosure documents did
2 you review?
3 A. Complaints, affidavits, referrals.
4 Q. What do you mean when you say referrals?
5 A. Referral to an attorney. A referral
6 package to an attorney.
7 Q. What is a referral package?
8 A. A letter that basically says we're
9 employing you to handle
10 Q. And that would corne from Litton Loan?
11 A. Yes.
12 Q. You mentioned complaints. What is a
13 complaint? Can you describe for me what it is?
14 A. A foreclosure complaint.
15 Q. Is it your understanding that a
16 foreclosure complaint could also be called a lawsuit?
17 A. It can be.
18 Q. You mentioned affidavits. What kind of
19 affidavits did you review?
20 A. There's different ones for all different
21 states.
22 Q. Do you know the ones for different
23 states?
24 A. There are different ones for different
25 states.
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1 Q. Do you know what --
2 A. Affidavits of Merit, Affidavits of
3 Judgment.
4 Q. Did you ever review any affidavits in the
5 State of Texas, for example?
6 A. In Texas, no.
7 Q. Do you know if Texas requires any
8 particular affidavits?
9 A. There are different ones for homestead,
10 different types of homestead applications.
11 Q. Let's go through some of those. I think
12 you mentioned homestead applications or homestead
13 affidavits. What are-those?
14 A. That's for the State of Texas. That's
15 for a particular type of loan that a person makes.
16 But I don't know the ins and outs of the loan. I'm
17 not a loan officer. But there's an application that
18 you file in Texas.
19 Q. Do you have any idea why you file that in
20 Texas and nowhere else?
21 MS. PRETE: Objection. Calls for a legal
22 conclusion.
23 BY MR. BLEIL:
24 Q. If your attorney make an objection, she's
25 made it the record. Unless she instructs you not to
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I answer, you can still answer the question, Miss
2 Bailey.
3 So do you have any idea what kind of
4 affidavits you file in Florida?
5 A. Well, there's different ones for every
6 state. Do you want me to name them all?
7 Q. That would be helpful, yes. In the State
8 of Florida, what kind of affidavits are you aware of
9 that you file?
10 A. Affidavit of Debt.
11 Q. Any other ones you can think of?
12 A. That's the main one that I handle at
13 Litton.
14 Q. Do you know of any other ones?
15 A. There could be some more, but I can't
16 name them offhand.
17 Q. So the only one you know of is the
18 Affidavit of Debt?
19 A. Yes, I do.
20 Q. So there aren't any other affidavits that
21 you know of that get filed?
22 MS. PRETE: Objection.
23 THE WITNESS: There could be.
24 BY MR. BLEIL:
25 Q. I thought you just told me before there's
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1 a number of affidavits, right?
2 A. I handle Affidavits of Debt mostly in
3 Florida.
4 Q. I appreciate that, Miss Bailey. But I'm
5 asking you do you know of any other ones? Not just
6 the ones you handle, do you know of any other
7 affidavits?
8 A. I couldn't name them.
9 Q. But do you know of them?
10 MS. PRETE: Objection. Asked and
11 answered.
12 THE WITNESS: I couldn't name them.
13 BY MR. BLEIL:
14 Q. Is it you couldn't name them or you don't
15 know of them?
16 A. I couldn't name them right now.
17 Q. But you know of other affidavits that are
18 in the State of Florida, right?
19 MR. PRETE: Objection. Asked and
20 answered.
21 THE WITNESS: I couldn't name them. I
22 can't name them right offhand.
23 BY MR. BLEIL:
24 Q. But, Miss Bailey, I think we're kind of
25 mixing it up here. I'm not asking you to name them.
VeritextiFlorida Reporting Co.
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1 I'm just asking you if you're aware of them. You
2 keep giving me the response you can't name them.
3 Do you know if other ones exist?
4 A. They could, but I can't name them.
5 Q. And I'm not asking you to name them.
6 A. Okay.
7 Q. What does Litton Loan Servicing do; do
8 you know?
9 A. They service mortgage loans. They pay
10 taxes, they pay the insurance, they collect payments,
11 they handle foreclosures.
12 Q. Are you an officer of any corporations?
13 A. I'm an assistant secretary at Litton --
14 of Litton Loan Servicing.
15 Q. What does an assistant secretary of
16 Litton Loan Servicing do?
17 A. Sign documents.
18 Q. Is there anything else you do as an
19 assistant secretary of Litton Loan Servicing besides
20 sign documents?
21 A. No.
22 Q. I thought you mentioned before that your
23 title was a foreclosure supervisor at Litton Loan,
24 right?
25 A. When I started.
VeritextiFlorida Reporting Co.
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1 Q. So you had a position after the
2 foreclosure supervisor?
3 A. I'm still a foreclosure supervisor. I'm
4 also an assistant secretary who can sign documents.
5 Q. Do you remember when you became an
6 assistant secretary?
7 A. I don't remember the year.
8 Q. Do you know if it was when you started
9 with Litton Loan?
10 A. No,it was not.
11 Q. So it was some time in the interim?
12 A. Right.
13 Q. Can you give me a ballpark of the date
14 and year?
15 A. I can't.
16 Q. Is there anything that you might be able
17 to look at to refresh your memory to give you an idea
18 of when you did become that?
19 A. Not with me.
20 Q. Where would that information be if you
21 had to look at it?
22 A. At our office.
23 Q. You say the office. At Litton Loan's
24 office?
25 A. Yes.
Veritext/Florida Reporting Co.
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1 Q. Are you an officer of any other
2 corporations?
3 A. No.
4 Q. Do you sign any other documents or do you
5 sign documents other than those on behalf of Litton
6 Loan?
7 A. Everything I sign is for Litton Loan
8 or
--
9 Q. I'm sorry. I didn't mean to cut you off.
10 A. I'm sorry. For Litton.
11 Q. Or you were going to say. Was there a
12 second part there?
13 A. No.
14 Q. Do you ever sign anything on behalf of
15 MERS?
16 A. I have.
17 Q. Do you remember the last time you signed
18 anything on behalf of MERS?
19 A. Probably Friday.
20 Q. Miss Bailey, just for clarification, when
21 I say MERS, you understand that that stands for the
22 Mortgage Electronic Registration System, right?
23 A. Yes.
24 Q. So if we use that acronym MERS, you're
25 going to understand that I'm talking about the
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1 Mortgage Electronic Registration System, right?
2 A. Yes.
3 Q. What was the last thing you signed for
4 MERS?
5 A. I don't remember.
6 Q. When you say Friday, you're talking about
7 the Friday preceding this deposition, which would
8 been the fifth of June?
9 A. Yeah.
10 Q. If today is the eighth, and it's a
11 Monday, the fifth would have been --
12 A. Yes.
13 Q. What kind of documents have you signed on
14 behalf of MERS?
15 A. Assignments.
16 Q. And those would be assignments of?
17 A. Mortgage.
18 Q. Assignments of mortgages?
19 A. Yes.
20 Q. Under what authority do you sign
21 assignments of mortgages for MERS?
22 A. As assistant secretary.
23 Q. Are you an assistant secretary of MERS?
24 A. Yes.
25 Q. So before when I asked about the other
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1 companies that you were an officer in was there a
2 reason you didn't mention MERS?
3 A. You refreshed my memory.
4 Q. Because you couldn't remember what you
5 signed last Friday on behalf of MERS, is that why?
6 A. I don't remember the last document. The
7 bulk of documents that I sign are assignments. I
8 don't remember the last document, but I sign a lot of
9 assignments for MERS.
10 Q. You sign a lot of assignments on behalf
11 of MERS?
12 A. Yes, I do.
13 Q. What was that position you hold with MERS
14 again? I'm sorry. It was assistant?
15 A. Assistant secretary.
16 Q. Do you remember when you became assistant
17 secretary of MERS?
18 A. No, I do not.
19 Q. Is there anything that you might be able
20 to look at to refresh your memory that you brought
21 here with you today?
22 A. No, I do not.
23 Q. Do you know if there's any documents back
24 in your office you might be able to look at and
25 refresh your memory as far as when you became
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1 assistant secretary for MERS?
2 A. There is.
3 Q. Did you have to sign anything indicating?
4 A. No, I did not.
5 Q. How did you become an assistant secretary
6 of Litton Loan?
7 A. I was appointed assistant secretary.
8 Q. Do you know why you would need to be an
9 assistant secretary of Litton Loan to sign documents?
10 A. No, I do not.
11 Q. Did you ever ask anybody why?
12 A. No, I did not.
13 Q. I think you said earlier you've been
14 involved with the mortgage business for about
15 twenty-five years?
16 A. About thirty-two.
17 Q. Thirty-two. So you've got a pretty good
18 grasp of what goes on with mortgages and debts and
19 things like that, right?
20 A. Yes.
21 Q. Because you've been in this field pretty
22 much your entire working life, right?
23 A. Yes.
24 Q. Are you an officer in any other
25 corporation besides Litton Loan and MERS?
VeritextIFlorida Reporting Co.
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1 A. No.
2 Q. When you sign documents on behalf of
3 MERS, where do you sign them at?
4 A. Physically?
5 Q. Yes.
6 A. I didn't understand the question.
7 Q. Maybe if I hone in on one specific
8 example maybe that will help.
9 I think you testified that you signed
10 some document last Friday on behalf of MERS, right?
11 A. Right.
12 Q. Do you remember what physical address you
13 were in when you signed that?
14 A. Litton Loan.
15 Q. Does MERS pay you for what you do?
16 A. No.
17 Q. You're going to have to help me because
18 I'm trying to figure out why you would be an
19 assistant secretary of MERS but not get some kind of
20 remuneration for it. Is there a reason?
21 A. If there is, I wouldn't know what it is.
22 MR. BLEIL: Can we take a quick break?
23 MS. PRETE: Sure.
24 (Thereupon, a brief recess was taken,
25 after which the following proceedings were had:)
VeritextIFlorida Reporting Co.
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1 BY MR. BLEIL:
2 Q. Common sense-wise, why would you be an
3 assistant secretary for MERS without receiving any
4 payment from them?
5 A. I work for Litton Loan.
6 Q. Right. But you just said you're an
7 assistant secretary of MERS, too, right? You're an
8 officer of MERS?
9 A. Right, for signing authority.
10 Q. What's in your mind the distinction that
11 you're an officer of MERS for signing authority?
12 A. To execute assignments.
13 Q. And you do that for MERS out of the
14 kindness of your heart?
15 A. No, I do that for Litton.
16 Q. You subscribe or sign assignments on
17 behalf of MERS for Litton?
18 A. Because I work for Litton.
19 Q. Do you have any idea why if you work for
20 Litton you're signing assignments for MERS?
21 A. No.
22 Q. Did you ever ask anybody why?
23 A. No.
24 Q. You understand what an assignment of a
25 mortgage is, right?
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 A. Yes, assign it out of MERS to the note
2 holder.
3 Q. SO Litton Loan pays you for your
4 services, right?
5 A. Correct.
6 Q. I don't need to know what amount. But
7 whenever you get a check it's got Litton Loan on
8 there, right?
9 A. Right.
10 Q. You never get a check from MERS, do you?
11 MS. PRETE: Objection. Asked and
12 answered.
13 THE WITNESS: No.
14 BY MR. BLEIL:
15 Q. Miss Bailey, just for clarity sake, if
16 you give your lawyer a second to make the objection,
17 then she'll be able to make that objection. I know
18 you and I are going at it pretty quick. But if you
19 give that second pause it will give your lawyer a
20 chance to make her objection, if she needs to.
21 How many assignments do you think you've
22 signed on behalf of MERS?
23 A. I wouldn't know.
24 Q. If you had to guess?
25 A. I couldn't guess.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Q. Are we talking a thousand?
2 A. More than a thousand.
3 Q. More than ten thousand, do you think?
4 A. I wouldn't know. More than a thousand,
5 but I have no idea how many.
6 Q. How long have you been signing
7 assignments on behalf of MERS?
8 A. I don't know the exact number of years.
9 Q. But it's been a number of years?
10 A. ·It's been a number of years.
11 Q. More than four?
12 A. I couldn't tell you.
13 Q. Is there anything you might be able to
14 look at that you've got with you today to indicate
15 how long you've been a signing secretary for MERS?
16 A. No.
17 Q. Would maybe something be in your office
18 that would indicate that?
19 A. Yes.
20 Q. Who gave you the authority to sign on
21 behalf of MERS?
22 A. I don't have the document here.
23 Q. But there's a document where someone gave
24 you authority?
25 A. There's a document.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
1 Q. Do you remember anything that document
2 said or had in it?
3 A. No, I don't.
4 Q. How do you know sitting here today that
5 it gave you authority to sign on behalf of MERS?
6 A. I know it, but I don't have it here.
7 Q. I understand you don't have it here. But
8 do you remember what it says?
9
10
Q.
Q.
No, I don't.
But it's your understanding that that
11 document gave you the ability to sign on behalf of
12 MERS?
13 A. Yes.
14 Q. If you had to call someone about a
15 question on an assignment that you're signing for
16 MERS, who would you call?
17 A. I wouldn't need to call anyone.
18 Q. Why wouldn't you need to call anybody?
19 A. Why would I need to call them?
20 Q. Let's say you had an assignment and
21 something didn't quite look right on it. Is there
22 anybody that you would call at MERS for some
23 clarification?
24 A. No.
25 Q. So if you had a problem with one of your
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
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31
1 assignments, you thought maybe I can't sign this
2 because it doesn't look right, what would you do with
3 it?
4 A. Take it to my manager.
5 Q. Who is your manager?
6 A. Debra Lyman.
7 Q. What's Debra's title?
8 A. Vice president.
9 Q. Vice president of?
10 A. Foreclosures.
11 Q. How long has Debra been your supervisor?
12 A. I don't know the exact number of years.
13 Q. But a number of years, right?
14 A. A number of years.
15 Q. So if you had a question about something
16 you were signing on behalf of MERS, you would go ask
17 Debra, right?
18 A. Yes.
19 Q. Did you ever ask Debra about something
20 you're signing on behalf of MERS?
21 A. No.
22 Q. Do you know if Debra works for MERS?
23 A. Don't know.
24 Q. Do you know if Debra works for Litton
25 Loan?
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 A. Yes.
2 Q. How do you know that?
3 A. I see her everyday.
4 Q. It would be kind of strange for her to be
5 there everyday unless she was working for Litton,
6 right?
7 A. That's right.
8 Q. You mentioned earlier that you had your
9 deposition taken before. Do you remember the last
10 time you had your deposition taken?
11 A. No, I don't.
12 Q. Do you remember any of the times you had
13 your deposition taken?
14 A. I had one this year, but I don't remember
15 when.
16 Q. Do you know what state that was in?
17 A. I was in Texas.
18 Q. Was it regarding a foreclosure lawsuit?
19 A. I don't remember if it was a lawsuit.
20 Q. Were you there as a representative of
21 Litton; do you remember that?
22 A. Yes, I was.
23 Q. Do you remember having your deposition
24 taken any other time before this year?
25 A. I've had it taken before. I don't
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
33
1 remember when.
2 Q. Do you remember why you had your
3 deposition taken?
4 A. No, I don't.
5 Q. Was it for a mortgage case?
6 A. Related foreclosure.
7 Q. SO it wasn't as if you had your
8 deposition taken in a personal injury case or
9 something, right?
10 A. Right.
11 Q. And it wasn't as if you had your
12 deposition taken in a family law matter, right?
13 A. Right.
14 Q. We're talking about times when you were a
15 representative of Litton Loan?
16 A. Yes.
17 Q. What other departments do they have at
18 Litton Loan?
19 A. Tax, insurance.
20 Q. Do you know what the Tax Department does
21 at Litton Loan?
22 A. No.
23 Q. How do you know there's a Tax Department?
24 A. There's a Tax Department in the
25 directory.
VeritextiFiorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Q. So you know there's a Tax Department
2 there because you see it listed in a directory?
3 A. Yes. I know people that work in the Tax
4 Department.
5 Q. How do you know people work in the Tax
6 Department?
7 A. They say they do.
8 Q. Who said they work in the Tax Department?
9 A. People who work in the Tax Department.
10 Q. Do you remember any names?
11 MS. PRETE: Objection. Relevance.
12 BY MR. BLEIL:
13 Q. Are these people you talk to everyday?
14 A. Hi and bye. Hello.
15 Q. Do they have name tags on?
16 A. Yes.
17 Q. Does everybody at Litton wear a name tag?
18 A. Supposed to.
19 Q. Do you know anyone else that works at
20 Litton Loan besides you and Debra?
21 A. Yes.
22 Q. Who?
23 A. A lot of people.
24 Q. Can you name any?
25 A. Peter.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Q. What's Peter's last name?
2 A. Don't know.
3 Q. Do you know what Peter does?
4 A. No.
5 Q. Anybody else that works at Litton Loan
6 that you know of?
7 A. A lot of people. You just want names?
8 Q. Yes, give me some names.
9 MS. PRETE: Objection. Relevance.
10 BY MR. BLEIL:
11 Q. We're talking about the Tax Department.
12 A. How many do you want?
13 Q. Well, why don't you just list off some of
14 the ones you know and maybe then we can ask about
15 them.
16 MS. PRETE: Objection. There are several
17 people that work at Litton Loan.
18 MR. BLEIL: Miss Bailey said she knows a
19 number of them.
20 MS. PRETE: Is there a purpose for that?
21 MR. BLEIL: Yes. I'm trying to
22 ascertain, you know, her knowledge.
23 MS. PRETE: You know her manager. That's
24 who she reports to. Why do you have to know
25 the name of everybody else she knows that works
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 at Litton?
2 MR. BLEIL: Well, counsel, I think you're
3 well aware that I'm able to ask anything that's
4 reasonably calculated that leads to admissible
5 evidence, and based upon the document --
6 MS. PRETE: What is the admissible
7 evidence you're looking to obtain with that
8 MR. BLEIL: I don't know yet. Maybe I
9 need to ask some questions to find out.
10 MS. PRETE: from somebody who works in
11 the Tax Department?
12 MR. BLEIL: Miss Bailey, doesn't seem to
13 know anybody in the Tax Department. Maybe she
14 knows someone from -- Miss Bailey, let me ask
15 you do you know anybody in the Insurance
16 Department?
17 THE WITNESS: No.
18 MR. BLEIL: I'm kind of perplexed here.
19 You said you worked there for seven years and
20 you've given me the name of one other person
21 that works there.
22 MS. PRETE: Who could supply you ample
23 information.
24 MR. BLEIL: That's okay. I'm asking what
25 Miss Bailey knows.
VeritextlFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Do you know anybody else that works at
2 Litton Loan?
3 THE WITNESS: Yes.
4 BY MR. BLEIL:
5 Q. Who?
6 A. I gave you Peter.
7 Q. You don't know Peter's last name though,
8 right?
9 A. John.
10 Q. Do you know John's last name?
11 A. No.
12 Q. Do you know how long you've been working
13 with John?
14 A. I don't work with John. I know he works
15 at Litton.
16 Q. Who else do you know that works at
17 Litton?
18 A. Spencer.
19 Q. Do you know Spencer's last name?
20 A. No, I don't.
21 MS. PRETE: Counselor, I still don't see
22 the relevance to finding out who these people
23 are. And I have an order here saying that we
24 can only limit it to the Affidavit. So if you
25 want me to go ahead and do that, I can do that.
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
38
1 Right now I'm letting you ask the questions, no
2 problem. But she's already given you a name,
3 she's given you --
4 MR. BLEIL: Counsel, now you're making a
5 statement on the record. So I guess I'll make
6 it, too.
7 I'm a little bit perplexed about how Miss
8 Bailey can work there for seven years and know
9 three people's first names and one person's
10 full name. I don't know. I'm trying to
11 ascertain if she really does work there or not.
12 I'm actually trying to question --
13 MS. PRETE: Counselor, you believe that
14 Miss Bailey does not work at Litton Loans?
15 MR. BLEIL: I don't know. It doesn't
16 seem like she knows a whole lot of people that
17 work there.
18 MS. PRETE: I believe she knows Debra
19 Lyman, who is her manager, if you would like to
20 depose her and ask her certain questions.
21 MR. BLEIL: Maybe I'll do that. But I'm
22 asking Miss Bailey who she knows there.
23 Do you know anybody else there, Miss
24 Bailey, besides the three first names you gave
25 me and Debra Lyman?
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
39
1 MS. PRETE: Objection. Asked and
2 answered.
3 MR. BLEIL: I think I asked her and she
4 said she knew a number of people and we were
5 starting to go through some of them.
6 BY MR. BLEIL:
7 Q. So you know Peter, John and Spencer.
8 Anybody else at Litton Loan?
9 A. No.
10 Q. Do you know how many employees Litton
11 Loan has?
12 A. No, I don't.
13 Q. How many different people do you see a
14 day at Litton Loan?
15 MS. PRETE: Objection. Form.
16 THE WITNESS: That varies.
17 BY MR. BLEIL:
18 Q. Well, what about a thin day how many
19 people do you see?
20 A. I don't know.
21 MS. PRETE: Objection. Asked and
22 answered.
23 BY MR. BLEIL:
24 Q. Do you see anybody at Litton Loan?
25 A. I see them corning in and see them going
VeritextlFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
40
lout.
2 Q. Who else works in your department? I
3 think you mentioned right now you're a foreclosure
4 supervisor, right? Is that your position now?
5 A. Correct.
6 Q. Who do you supervise?
7 A. Vendors.
8 Q. What vendors do you supervise?
9 A. They're off-site.
10 Q. I'm not necessarily asking for their
11 location. What vendors do you supervise?
12 A. Their names?
l3 Q. Yes.
14 A. First American.
15 Q. Any other vendors?
16 A. Fidelity.
17 Q. Anyone besides First American and
18 Fidelity?
19 A. No.
20 Q. So you review complaints for First
21 American?
22 A. For Litton.
23 Q. Do you know if Litton Loan has ever filed
24 any complaints?
25 A. No.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
41
1 Q. Because it's usually the ultimate
2 purported holder of the note that files a lawsuit,
3 right?
4 A. Correct.
5 Q. Because Litton just does the servicing
6 end of it?
7 A. Correct.
8 Q. Litton doesn't hold notes, right?
9 A. No.
10 Q. And Litton hold mortgages, do
11 they?
12 A. No.
13 Q. Do you have any idea what MERS does?
14 A. No.
15 Q. Well, what do you do as an assistant
16 secretary for MERS?
17 MS. PRETE: Objection. Asked and
18 answered.
19 THE WITNESS: Sign. Execute assignments.
20 BY MR. BLEIL:
21 Q. Do you do anything else?
22 A. No.
23 Q. Do you make the assignments?
24 A. No.
25 Q. Do you know who makes those assignments
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 that you sign?
2 A. Yes.
3 Q. Who?
4 A. Our attorneys.
5 Q. That would probably depend on what firm
6 is working that case, right?
7 A. Correct.
8 Q. Have you ever signed an assignment that
9 MERS makes?
10 A. No.
11 Q. Have you ever talked to anybody from
12 MERS?
13 A. No.
14 Q. Did you ever receive any mail from MERS?
15 A. Yes.
16 Q. What do you receive from MERS?
17 A. Recorded documents back in the mail.
18 They get copied.
19 Q. Have you ever been to MERS?
20 A. No.
21 Q. Do you know if there even is a place that
22 MERS is at?
23 A. Yes.
24 Q. How do you know that?
25 A. That's on their address.
VeritextIFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
43
1 Q. But you've been there?
2 A. I've never been.
3 Q. So you just kind of surmise from the fact
4 that an address is on a piece of paper?
5 A. Yes.
6 Q. Do you know why MERS holds assignments?
7 A. No.
8 Q. Do you know under what authority they
9 hold assignments?
10 A. No.
11 Q. Do you know how MERS holds mortgages?
12 A. No.
13 Q. What do you know about MERS?
14 A. I execute assignments for them.
15 Q. Do you know anything besides that?
16 A. No.
17 Q. Do you know who the president of MERS is?
18 A. No.
19 Q. Do you know any other secretaries of
20 MERS?
21 A. No.
22 Q. Do you know who the treasurer of MERS is?
23 A. No.
24 MS. PRETE: Objection. Asked and
25 answered. She does not know anybody else from
VeIitext/FloIida Reporting Co.
Serving the State ofFloIida (305) 376-8800
44
1 MERS.
2 BY MR. BLEIL:
3 Q. How did you become an assistant secretary
4 for MERS?
5 MS. PRETE: Asked and answered.
6 Objection.
7 BY MR. BLEIL:
8 Q. You can answer.
9 A. I was assigned.
10 Q. Who assigned that to you?
11 A. That would come from my manager, Debra
12 Lyman.
13 Q. Miss Lyman?
14 A. Yes.
15 Q. Kind of explain to me how that happened?
16 A. I don't know.
17 Q. Well, you wouldn't have approached Miss
18 Lyman, right?
19 MS. PRETE: Objection. Speculation.
20 THE WITNESS: No.
21 BY MR. BLEIL:
22 Q. Well, did you approach Miss Lyman and
23 say: Miss Lyman, I want to be a secretary signing on
24 behalf of MERS?
25 MS. PRETE: Objection.
VeritextlFlmida Reporting Co.
Serving the State of Florida (305) 376-8800
45
1 THE WITNESS: No.
2 BY MR. BLEIL:
3 Q. That sounds ridiculous, doesn't it, that
4 you would go and ask Debra about something like that,
5 right?
6 MS. PRETE: Objection. Form.
7 THE WITNESS: Right.
8 BY MR. BLEIL:
9 Q. Do you remember if Debra came to you and
10 said: Hey, Denise
11 A. I don't remember.
12 Q. Do you remember when she did?
13 A. No, I don't.
14 Q. Do you remember if she did?
15 A. No, I don't.
16 Q. When you made the statement before that
17 Miss Lyman asked you, what did you base that
18 statement on?
19 A. I said the information would have to come
20 from Miss Lyman.
21 Q. What information?
22 A. Why the appointment was made.
23 Q. So Miss Lyman came up to you and said:
24 Hey, Denise, I want you to sign on behalf of MERS
25 signing these assignments, right?
Veritext/Flmida Reporting Co.
Serving the State of Florida (305) 376-8800
46
1 A. I don't remember.
2 MS. PRETE: Objection. Improperly
3 mischaracterizing the witness's earlier
4 testimony.
5 BY MR. BLEIL:
6 Q. Can you give me any explanation about how
7 you carne to be an assistant secretary for MERS with
8 signing authority?
9 MS. PRETE: Objection. Asked and
10 answered.
11 THE WITNESS: No.
12 BY MR. BLEIL:
13 Q. Are there any documents you've got with
14 you today that might refresh your memory about how
15 that whole thing transpired?
16 A. No.
17 Q. Do you have any documents back at your
18 office that might shed some light onto how you became
19 an assistant secretary for MERS with signing
20 authority?
21 MS. PRETE: Asked and answered.
22 THE WITNESS: No.
23 BY MR. BLEIL:
24 Q. There are no documents that might refresh
25 your recollection there?
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
47
1 MS. PRETE: Objection. Asked and
2 answered.
3 THE WITNESS: No.
4 BY MR. BLEIL:
5 Q. You mentioned that piece of paper before
6 that gave you that authority, right?
7 A. There's a document.
8 Q. There's a document somewhere, right?
9 A. Yes.
10 Q. Do you remember the last time you saw
11 that document?
12 A. No.
13 Q. Do you know if there was an approval
14 process you had to go through to become a signing
15 officer for MERS?
16 A. I don't know.
17 Q. Well, if there was a process you had to
18 go through, you would probably remember it, right?
19 MS. PRETE: Objection. Form.
20 BY MR. BLEIL:
21 Q. You can answer.
22 A. Yes.
23 Q. So do you ever remember going to some
24 kind of a training course?
25 A. No.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
48
1 Q. Do you ever remember getting any kind of
2 a procedure manual from MERS?
3 A. No.
4 Q. Did you ever end up getting any kind of
5 standard operating policy from MERS?
6 A. No.
7 Q. Do you ever remember getting a contact
8 name for MERS?
9 A. No.
10 Q. I just want to make sure I'm clear. So
11 all your directions, as far as what to do with MERS,
12 carne from Miss Lyman?
13 MS. PRETE: Objection. Asked and
14 answered.
15 BY MR. BLEIL:
16 Q. You can answer.
17 A. Yes.
18 Q. Did you ever ask Miss Lyman why am I
19 signing these?
20 A. No.
21 Q. Did you ever feel the need to?
22 A. No.
23 Q. Has Miss Lyman ever asked you to sign
24 things on behalf of entities besides MERS or Litton
25 Loan?
VeritextlFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 A. No.
2 Q. I think you mentioned, too, as a
3 foreclosure supervisor you assign loans to attorneys,
4 right?
5 A. Yes.
6 Q. That was what you mentioned kind of like
7 the letter saying work this file or work this loan,
8 right?
9 A. Yes.
10 Q. Do you know who the records custodian is
11 for Litton Loan?
12 A. No.
13 Q. Are you the records custodian for Litton
14 Loan?
15 A. Yes.
16 Q. SO you do know who the records custodian
17 is?
18 A. Yes. I thought you were talking about an
19 original document. Sorry.
20 Q. So you are the records custodian for
21 Litton Loan?
22 A. Yes.
23 Q. Do you know if there's more than one
24 records custodian?
25 A. I don't know.
VeritextIFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
50
1 Q. What do you consider to be a records
2 custodian?
3 A. I review the records of the loans that we
4 have in foreclosure.
5 Q. So, in your mind, the person that reviews
6 the records of the loan that you have in foreclosure
7 is the records custodian?
8 A. Yes.
9 Q. Do you have any other understanding of
10 what that word means or that phrase means, records
11 custodian?
12 A. For original documents, yes. There's a
13 custodian for original documents.
14 Q. Are you a custodian of original documents
15 for Litton Loan?
16 A. No.
17 Q. Do you know who that person is?
18 A. No.
19 Q. How do you know one exists?
20 A. They exist.
21 Q. How do you know?
22 A. I work with document custodians,
23 different ones. There are a lot.
24 Q. You mentioned original records custodian,
25 right? Original documents custodian I think is what
VeritextIFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
51
1 you called it?
2 A. There are original document custodians.
3 Q. Si tting here today can you give me the
4 name of one?
5 A. No.
6 Q. Do you know if it's a man or a woman?
7 A. No.
8 Q. Have you ever seen this original records
9 custodian person?
10 A. No.
11 Q. Miss Bailey, maybe I'm belaboring the
12 question, but how do you know they exist?
13 A. They hold notes.
14 Q. So by the mere fact that notes are held
15 you surmise that there's an original records
16 custodian?
17 A. Yes.
18 Q. But you've never seen this person?
19 A. No.
20 MS. PRETE: Objection. Asked and
21 answered.
22 BY MR. BLEIL:
23 Q. Have you ever had to call this person on
24 the phone?
25 A. No.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Q. You mentioned a directory. Have you seen
2 this person's name in the directory at Litton Loan?
3 A. No.
4 Q. All right. There's an original document
5 custodian.
6 What other kind of custodian would there
7 be?
8 A. I don't know.
9 Q. But you said there were a whole lot a
10 minute ago, right?
11 A. Original document custodian.
12 Q. What other kind of custodian besides
13 original document custodians?
14 A. I don't know.
15 Q. Do you know if any other exists?
16 A. I don't know.
l7 Q. Miss Bailey, do you recognize this
18 document?
19 A. Yes.
20 Q. What is that?
21 A. Affidavit of Indebtedness.
22 Q. I'd like to mark this as Defendant's A.
23 (The document referred to was marked
24 Defendant's Exhibit A for identification, a copy of
25 which is attached hereto.)
VeritextiFiorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Q. We're looking here at a four-page
2 document, right, Miss Bailey?
3 A. Yes.
4 Q. Is that your signature on not the last
5 page, but, I guess, the last page of the Affidavit?
6 A. Yes.
7 Q. It even has there as an assistant
8 secretary, right?
9 A. Yes.
10 Q. And that's what you meant as an assistant
11 secretary of Litton Loan to sign documents, right?
12 A. Yes.
13 Q. Do you know why you would have to be an
14 assistant secretary at Litton Loan to sign documents?
15 A. No.
16 Q. Did you ever ask anybody why you just
17 couldn't sign as a foreclosure specialist?
18 A. No.
19 Q. The question never crossed your mind?
20 MS. PRETE: Objection. Form.
21 THE WITNESS: No.
22 BY MR. BLEIL:
23 Q. How many Affidavits have you signed or
24 similar ones?
25 A. I don't know.
VeritextiFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
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1 Q. Would you say thousands?
2 A. I don't know.
3 Q. Do you sign them regularly?
4 A. Yes.
5 Q. I'm looking at the Affidavit now,
6 Paragraph 1. It says that "Affiant has personal
7 knowledge of the facts and matters recited herein."
8 Do you know who the Affiant is?
9 A. Me.
10 Q. So in this Affidavit it would be
11 reasonable if we substituted your name for everywhere
12 that Affiant was, right?
13 A. I don't know.
14 Q. Well, do you know if this document had
15 any other Affiant besides you?
16 A. I don't know. I signed this one.
17 Q. Right. So in this particular Affidavit
18 would you agree with me that we could substitute your
19 name everywhere that Affiant shows up?
20 A. I don't know.
21 MS. PRETE: Objection. Form. Rephrase
22 the question.
23 BY MR. BLEIL:
24 Q. You're the Affiant in this Affidavit,
25 right?
VeritextIFlorida Reporting Co.
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1 A. Yes.
2 Q. Because you signed it?
3 A. Yes.
4 Q. And you understand that Affiant means
5 you, Denise Bailey, right?
6 A. Yes.
7 Q. SO for purposes of this particular
8 assignment, can we substitute your name in for
9 Affiant?
10 A. Don't know if that's legal for this
11 document.
12 Q. I'm not asking you if it's legal.
13 A. I don't know then. I don't know if you
14 can substitute a name, or if you just have to say
15 Affiant.
16 MS. PRETE: Counsel, she's not sure what
17 you're specifically asking.
18 MR. BLEIL: Then, counselor, you're more
19 of a mind reader than I am because I'm not
20 exactly sure how you would know what she
21 doesn't know what I'm asking, unless you got
22 some kind of telepathy with her.
23 BY MR. BLEIL:
24 Q. If you change your name for the word
25 Affiant in this Affidavit, it would have the same
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1 meaning, right?
2 A. The Affiant for this Affidavit?
3 Q. Yes. Is you, Denise Bailey?
4 A. Right.
5 Q. What did you mean when you said that you
6 have personal knowledge in Paragraph l?
7 A. That I reviewed the facts that are in the
8 Complaint and in this Affidavit.
9 Q. Did you review this Complaint before you
10 signed the Affidavit?
11 A. Yes, I did.
12 Q. Can you tell me a little bit about the
13 Complaint in this case?
14 A. I don't have it in front of me.
15 Q. What documents do you review besides the
16 Complaint?
l7 A. For this Affidavit?
18 Q. Do you review any documents besides the
19 Complaint?
20 A. I review our system, our system of
21 information.
22 Q. What's your system of information; what
23 do you mean by that? What's that?
24 A. Where we store our information about the
25 mortgage.
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1 Q. Where do you store your information about
2 the mortgage?
3 A. On the computer system.
4 Q. Do you have access to that computer
5 system?
6 A. Yes.
7 Q. What's in that computer system? Did you
8 look at anything in that computer system?
9 A. Yes.
10 Q. What did you look at?
11 A. Mortgagor's name.
12 Q. Where would you get the mortgagor's name
13 from?
14 A. From our system of information.
15 Q. Do you input that information into the
16 system?
17 A. No.
18 Q. Do you know who does?
19 A. No.
20 Q. Do you know if it was anybody from Litton
21 Loans?
22 A. Don't know.
23 Q. Do you know where that person would have
24 gotten that information from to input?
25 A. Don't know.
VeritextiFlorida Reporting Co.
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1 Q. I'm looking at Paragraph 3 here of your
2 Affidavit, which is Defendant's Exhibit A. It says
3 "Defendants failed to pay installments due on this
4 Mortgage on June 1, 2008 and all subsequent
5 payments.
"
6 Upon what do you base that statement?
7 A. The information we have in our servicing
8 system.
9 Q. Do you know who put that information in?
10 A. No.
11 MS. PRETE: Objection. Asked and
12 answered.
l3 MR. BLEIL: I don't think I specifically
14 asked the question of who put that information
15 in.
16 MS. PRETE: The same system.
17 MR. BLEIL: It may be different
18 information somehow so I just need to ask my
19 questions.
20 BY MR. BLEIL:
21 Q. Who is the Plaintiff in this lawsuit?
22 A. U.S. Bank National.
23 Q. You're reading that off the caption of
24 the Affidavit, right?
25 A. Yes.
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1 Q. There's actually a longer name there,
2 isn't there?
3 A. Yes.
4 Q. Can you read the whole name for me?
5 A. u.s. Bank National Association as
6 Successor to LaSalle Bank National Association, as
7 Trustee for the C-Bass Mortgage Loan Asset-Backed
8 Certificates, Series 2007-CB5.
9 Q. Any idea what that is?
10 A. No.
11 Q. Do you know what u.s. Bank National
12 Association is?
13 A. The Plaintiff.
14 Q. Do you know if they do any kind of
15 business?
16 A. I don't know.
17 Q. Do you know where they have their
18 headquarters?
19 A. No.
20 Q. Do you know anything about u.S. Bank
21 National Association?
22 A. No.
23 Q. Do you know anything about LaSalle Bank
24 National Association?
25 A. No.
Veritext/Florida Reporting Co.
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1 Q. I'm looking here at Paragraph 2, and
2 you've got that exhibit in front of you there. It
3 reads "Affiant by nature of his/her position with the
4 Plaintiff or its agent knows of his/her personal
5 knowledge that the Plaintiff is the owner and holder
6 of the Note and Mortgage described in the Plaintiff's
7 Complaint, and that the information given is
8 contained in original books and records maintained in
9 the office of the Plaintiff."
10 But you don't where that office is, do
11 you?
12 A. No, I don't.
13 Q. Did you ever ask if that office exists?
14 A. No.
15 Q. How do you know that the records are
16 maintained in the office of U.S. Bank National
17 Association as Successor to LaSalle Bank National
18 Association as Trustee for the C-Bass Mortgage Loan
19 Asset-Backed Certificates, Series 2007-CB5?
20 A. It's in our servicing system.
21 Q. Do you work for U.S. Bank National
22 Association?
23 A. No.
24 Q. Did you ever work for U.S. Bank National
25 Association?
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1 A. No.
2 Q. Do you work for LaSalle Bank?
3 A. No.
4 Q. Have you ever worked for LaSalle Bank?
5 A. No.
6 Q. I'm looking here at the second paragraph
7 again. Generally that first part of the sentence
8 says that you know of your own personal knowledge the
9 Plaintiff is the owner and holder of the Note, right?
10 A. That's what it says.
11 Q. Upon what do you base that statement?
12 A. The information that we have in our
13 servicing system.
14 Q. What information is that?
15 A. It says the Plaintiff is U.S. Bank.
16 Q. How do you get that information out of
17 your system?
18 A. We look it up.
19 Q. Did you do anything independently to
20 verify if that's accurate?
21 A. No. I look it up on the servicing
22 system.
23 Q. How do you know if the servicing system
24 is accurate?
25 A. I don't know.
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1 Q. So you're relying on the accuracy of that
2 system?
3 A. I am.
4 Q. Did you ever pull any document to see if
5 that's true?
6 A. No.
7 Q. Did you ever ask for any documents to see
8 if that's true?
9 A. No.
10 Q. Do you know if there's a records
11 department at Litton Loan Servicing?
12 A. I don't know.
13 Q. Have you ever asked for any original
14 documents from Litton Loan Servicing?
15 A. No.
16 Q. You mentioned you have an original
17 documents custodian though, right?
18 A. Yes.
19 Q. And you know because you heard of that
20 person but you don't know their name, right?
21 A. Yes.
22 Q. Why did you make the distinction that the
23 Plaintiff is the owner and holder of the Note?
24 A. They hold both.
25 Q. Can you explain to me how the Plaintiff
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1 is the owner of the Note?
2 A. No, I can't.
3 Q. Can you explain to me how the Plaintiff
4 is the holder of the Note?
5 A. No, I can't.
6 Q. Can you explain to me how the Plaintiff
7 is the owner of the Mortgage?
8 A. No, I can't.
9 Q. Can you explain to me how the Plaintiff
10 is the holder of the Mortgage?
11 A. No, I can't.
12 Q. How do you know that statement is true
13 then?
14 A. It's shown in our servicing system.
15 Q. But you can't explain to me how that
16 happens, right?
l7 A. No, I can't.
18 Q. The last part of that sentence in number
19 2 -- actually, the last sentence in number 2 it reads
20 "Affiant is competent to testify to all matters
21 stated herein and this Affidavit is made on personal
22 knowledge of the Affiant."
23 What did you mean when you said personal
24 knowledge?
25 A. What I know.
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1 Q. But you don't know how the Plaintiff is
2 the holder or the owner of the Note, do you?
3 A. No.
4 Q. So you don't know if that's true?
5 A. I know what's in our servicing system.
6 Q. Right. But how do you know that it's
7 true if it's in the servicing system?
8 A. I don't know.
9 Q. I'm looking at number 3. The sentence
10 starts out "Defendants failed to pay the installments
11 due on this Mortgage on June 1 and all subsequent
12 payments."
13 -Do you know who the Defendants are in
14 this case?
15 A. All those named in the Affidavit.
16 Q. And you're pointing to the top?
17 A. To the Defendants.
18 Q. The top above where it indicates the
19 Defendants, right?
20 A. Yes.
21 Q. Can you describe to me what a Plaintiff
22 is?
23 A. The one who is filling out this Affidavit
24 of Indebtedness, the Note holder.
25 Q. I thought you signed this Affidavit,
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1 right?
2 A. I signed the Affidavit.
3 Q. SO you, as U.S. Bank National
4 Association. Did they fill it out?
5 A. No, they did not.
6 Q. Do you know who generated this document?
7 A. Our attorney.
B Q. How do you know that the Defendants
9 failed to pay an installment due on June 1, 'DB?
10 A. It shows in our servicing system.
11 Q. What did you look at to gain that
12 information?
13 A. Due date, last paid installment.
14 Q. Where do you get that off your system, is
15 there a particular place you go to?
16 A. No, it just says due date. It shows the
17 due date.
lB Q. Now, when you're talking about looking at
19 your system, it's a computer screen or something,
20 right?
21 A. Yes.
22 Q. Do you know what program is used to keep
23 that information?
24 A. No, I don't know the name of the program.
25 Q. Is it like a Windows-based program?
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1 A. I wouldn't know that.
2 Q. Do you know where that information is
3 stored?
4 A. I do.
5 Q. Where?
6 A. In the system. It's stored in the system
7 and it's visible in the system.
8 Q. Is it stored on the site of Litton Loan?
9 A. I don't know.
10 Q. Do you know who has access to that
11 system?
12 A. No, I don't.
13 Q. You have access to it, right?
14 A. I do.
15 Q. Do you know if your supervisor does?
16 A. I don't know.
17 Q. It talks here in the second sentence in
18 number 3 that "Plaintiff has accelerated the
19 principal balance of said Note and Mortgage in the
20 amount set forth below, plus interest."
21 What did you mean by the word
22 accelerated?
23 A. Filed a Complaint.
24 Q. So, in your mind, filing a Complaint is
25 accelerating?
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1 A. Yes.
2 Q. I think you already said that U.S. Bank
3 National Association is the Plaintiff in this action,
4 right?
5 A. Yes.
6 Q. Just like we exchanged your name for the
7 name of the Affiant, do you know any reason why we
8 couldn't put U.S. Bank National Association's name
9 everywhere where it says Plaintiff?
10 A. No.
11 Q. I figure one of the reasons they might
12 have done that is so that you don't have to rewrite
13 that big sentence with that big phrase every time,
14 right?
15 A. I don't know.
16 Q. But you know that in this Affidavit when
17 it's talking about the Plaintiff it means U.S. Bank
18 National Association, right?
19 A. Yes.
20 Q. How do you know that the Plaintiff has
21 agreed to pay its attorneys a reasonable attorney's
22 fee?
23 A. It shows on our system.
24 Q. What shows?
25 A. That they are the Plaintiff and our
VeritextIFlorida Reporting Co.
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1 Plaintiffs do agree to pay any attorney's fees.
2 Q. Upon what do you base that statement?
3 A. On the information we have in our system.
4 Q. Anything else outside that system?
5 A. No.
6 Q. Have you ever seen a Retainer Agreement?
7 A. No, I have not.
8 Q. You mentioned earlier that one of the
9 things you do is assign loans to attorneys?
10 A. Yes.
11 Q. Did you ever see any piece of paper that
12 said that Butler and Hosch was going to be assigned
13 this particular case by u.s. Bank National
14 Association?
15 A. No.
16 Q. Do you know how Litton Loan would have
17 assigned an attorney on behalf of U.S. Bank National
18 Association?
19 A. No.
20 Q. Because you'll agree with me that u.s.
21 Bank is separate than Litton Loan, right?
22 A. Yes.
23 Q. They're not one and the same?
24 A. No.
25 Q. We couldn't exchange Litton Loan's name
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1 for the Plaintiff in this Affidavit, could we?
2 A. No.
3 Q. And that's because Litton Loan is not the
4 Plaintiff, right?
5 A. That's correct.
6 Q. In Paragraph number 4 here -- if you flip
7 that page, you'll see where I'm looking at. Number 4
8 it says that "Each and every allegation contained in
9 the Complaint to Foreclose Mortgage are true."
10 What is an allegation?
11 A. Each of the points that we've made in the
12 Complaint.
13 Q. Is true?
14 A. I'm testifying that it's true.
15 Q. And you know this of your own personal
16 knowledge like it said in the Affidavit, right?
17 A. Yes.
18 MS. PARSONS: Before we get to the next
19 question could we have a small break?
20 MR. BLEIL: Sure.
21 (Thereupon, a brief recess was taken,
22 after which the following proceedings were had:)
23 BY MR. BLEIL:
24 Q. Miss Bailey, what is jurisdiction?
25 MS. PRETE: Objection. Legal conclusion.
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1 THE WITNESS: I'm not prepared to give a
2 definition.
3 BY MR. BLEIL:
4 Q. Do you know what jurisdiction is?
5 MS. PRETE: Objection. Calls for a legal
6 conclusion.
7 THE WITNESS: I'm not prepared to give a
8 definition.
9 BY MR. BLEIL:
10 Q. What would prepare you to give a
11 definition?
12 A. Look it up in the dictionary.
l3 Q. Have you ever looked up what jurisdiction
14 means in a dictionary?
15 A. No.
16 Q. Do you know what jurisdiction means?
17 A. But I'm not prepared to give a definition
18 of it.
19 Q. I understand you might not be prepared to
20 give a definition, but have you heard the word
21 before?
22 A. Yes, I have.
23 Q. Where have you heard it?
24 A. In different documents.
25 Q. What kind of documents?
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1 A. In legal documents.
2 Q. Just to clarify, you've probably seen the
3 word in different documents because documents don't
4 talk, right?
5 A. I'm sure I have.
6 Q. So you're sure you've seen it in
7 documents?
8 A. Yes.
9 Q. Sitting here today can you give me your
10 idea of what it is?
11 A. No, I'm not prepared to give the
12 definition of it.
13 Q. What does it mean to you?
14 A. I'm just not prepared to give the
15 definition of it.
16 Q. I'm not asking you for a definition. I
17 mean, I'm not asking for Webster's Law Dictionary.
18 What does the word mean to you?
19 A. I'm just not prepared to give that
20 definition.
21 MS. PRETE: Objection. Form.
22 BY MR. BLEIL:
23 Q. But you've heard the word?
24 A. I have.
25 Q. But you can't give me a layman's
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1 definition of what jurisdiction is?
2 MS. PRETE: Objection. Asked and
3 answered.
4 THE WITNESS: No.
5 BY MR. BLEIL:
6 Q. Do you know what a Circuit Court is?
7 MS. PRETE: Objection. Calls for a legal
8 conclusion.
9 THE WITNESS: No.
10 BY MR. BLEIL:
11 Q. Have you heard of that word before?
12 A. I have.
13 Q. Do you have any idea of what a Circuit
14 Court is?
15 A. It's a court.
16 Q. Do you know why the word circuit would be
17 used to describe it?
18 MS. PRETE: Objection. Calls for a legal
19 conclusion.
20 THE WITNESS: No, I don't.
21 BY MR. BLEIL:
22 Q. Do you know what a Promissory Note is?
23 MS. PRETE: Objection. Calls for a legal
24 conclusion.
25 BY MR. BLEIL:
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1 Q. You can answer the question.
2 A. Yes, I know what a Note is.
3 Q. What's a Note?
4 A. It shows that someone owes money.
5 Q. What's a Promissory Note?
6 A. I don't know.
7 Q. You don't know what a Promissory Note is?
8 A. No.
9 Q. Do you know what an original mortgagor
10 is?
11 MS. PRETE: Objection. Calls for a legal
12 conclusion.
13 THE WITNESS: I know what a mortgagor is.
14 BY MR. BLEIL:
15 Q. Tell me what a mortgagor is then?
16 A. Someone who owes money. Has a mortgage,
17 owes a mortgage.
18 Q. SO a mortgagor is someone that owes a
19 mortgage or
20 A. Has a mortgage. Has a horne that's
21 mortgaged.
22 Q. So would it be fair to say that someone
23 that owns a house and has a mortgage they're a
24 mortgagor?
25 MS. PRETE: Objection. Improperly
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1 characterizing witness's earlier testimony.
2 BY MR. BLEIL:
3 Q. Maybe we can just cut it real simple.
4 What is a mortgagor?
5 A. Has a mortgage. A person with a
6 mortgage.
7 Q. So the mortgagor is the person with the
8 mortgage?
9 A. Yes.
10 Q. So you would agree with me then that if
11 someone owned a home, and they had a mortgage on the
12 house, would they be the mortgagor?
13 A. Yes.
14 Q. Do you know what a mortgagee is?
15 A. No.
16 Q. Have you ever heard of that word before?
17 A. Yes.
18 Q. Sitting here today you can't give me an
19 idea of what a mortgagee is?
20 A. I can't give you a definition.
21 Q. I don't need a definition. What does it
22 mean to you?
23 MS. PRETE: Objection. Form.
24 THE WITNESS: I can't give you a
25 definition. We hire attorneys for that.
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1 BY MR. BLEIL:
2 Q. I don't want a definition, Miss Bailey.
3 Sitting here today do you have any idea what a
4 mortgagee is?
5 A. I don't want to guess so I'm not giving a
6 definition.
7 Q. So you don't know what it means to you
8 today sitting here?
9 A. No, I don't.
10 Q. Do you know what it means to record
11 something?
12 A. Make a record of it.
13 Q. Do you know what kind of a system Florida
14 uses for recording?
15 A. No.
16 MS. PRETE: Objection. Calls for a legal
17 conclusion.
18 BY MR. BLEIL:
19 Q. Do you know if they use a line and page?
20 A. I don't.
21 Q. Do you know if they use a book and page?
22 MS. PRETE: Objection. Asked and
23 answered.
24 THE WITNESS: I don't.
25 BY MR. BLEIL:
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1 Q. You don't know anything about recording
2 in the State of Florida?
3 A. No, I do not.
4 Q. Do you know what a constructive holder of
5 a Promissory Note is?
6 MS. PRETE: Objection. Calls for a legal
7 conclusion.
8 THE WITNESS: No, I do not.
9 BY MR. BLEIL:
10 Q. Do you know what a constructive holder of
11 a mortgage is?
12 MS. PRETE: Objection. Calls for a legal
13 conclusion.
14 THE WITNESS: No.
15 BY MR. BLEIL:
16 Q. I think we asked before, but do you know
17 what an owner of a Promissory Note is?
18 MS. PRETE: The same objection.
19 THE WITNESS: No.
20 BY MR. BLEIL:
21 Q. Do you know what conditions precedent
22 are?
23 MS. PRETE: Objection. Calls for a legal
24 conclusion.
25 THE WITNESS: No.
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1 BY MR. BLEIL:
2 Q. Do you know what any conditions precedent
3 the Plaintiff would have to comply with before
4 pursuing the right to foreclose?
5 MS. PRETE: Objection. Calls for a legal
6 conclusion.
7 THE WITNESS: No.
8 BY MR. BLEIL:
9 Q. Do you know what a Receiver is?
10 MS. PRETE: Objection. Calls for a legal
11 conclusion.
12 THE WITNESS: No.
13 BY MR. BLEIL:
14 Q. Do you know what a receivership is?
15 MS. PRETE: Objection. Calls for a legal
16 conclusion.
17 THE WITNESS: No.
18 BY MR. BLEIL:
19 Q. Do you know what Rule 1.620(a) of the
20 Florida Rules of Civil Procedure is?
21 MS. PRETE: Objection. Calls for a legal
22 conclusion.
23 THE WITNESS: No.
24 BY MR. BLEIL:
25 Q. Do you know what Rule 1.610 of the
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1 Florida Rules of Civil Procedure is?
2 MS. PRETE: Objection. Calls for a legal
3 conclusion.
4 THE WITNESS: No.
5 BY MR. BLEIL:
6 Q Do you know what Rule 1.620 of the
7 Florida Rules of Civil Procedure is?
8 MS. PRETE: Objection. Calls for a legal
9 conclusion.
10 THE WITNESS: No.
11 BY MR. BLEIL:
12 Q. Do you know why a spouse might claim an
13 interest in a property?
14 MS. PRETE: Objection. Form.
15 THE WITNESS: No.
16 BY MR. BLEIL:
17 Q. I think I already asked, but do you have
18 any idea what jurisdiction is?
19 MS. PRETE: Objection. Asked and
20 answered.
21 THE WITNESS: No.
22 BY MR. BLEIL:
23 Q. Do you know what Florida Statute Chapter
24 71 pertains to?
25 MS. PRETE: Objection. Calls for a legal
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1 conclusion.
2 THE WITNESS: No.
3 BY MR. BLEIL:
4 Q. Do you know what Florida Statute 673.3091
5 stands for?
6 MS. PRETE: Objection. Calls for a legal
7 conclusion.
8 THE WITNESS: No.
9 BY MR. BLEIL:
10 Q. Have you ever looked at that chapter of
11 the Florida statutes?
12 A. No.
13 Q. Have you ever read them?
14 A. No.
15 Q. Do you remember what the title is?
16 A. No.
17 Q. Do you know if it even has a title?
18 A. No.
19 Q. Did you ever read 673.3091?
20 A. No.
21 Q. Do you know the requirements or the
22 points you have to meet to reestablish a Lost Note in
23 the State of Florida?
24 MS. PRETE: Objection. Calls for a legal
25 conclusion.
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1 THE WITNESS: No.
2 BY MR. BLEIL:
3 Q. Do you know if there was a Lost Note
4 count filed in this particular lawsuit?
5 A. I don't know.
6 Q. But you said you looked at this Complaint
7 when you signed the Affidavit, right?
8 A. I did.
9 Q. But sitting here today, of your own
10 recollection, you don't remember whether there's a
11 Lost Note count, right?
12 MS. PRETE: Objection.
13 THE WITNESS: I don't remember.
14 MR. BLEIL: I'd like to mark this as
15 Exhibit B to the deposition.
16 (The document referred to was marked
17 Defendant's Exhibit B for identification, a copy of
18 which is attached hereto.)
19 BY MR. BLEIL:
20 Q. Miss Bailey, do you recognize this
21 document that we just marked as Defendant's Exhibit
22 B?
23 A. Yes.
24 Q. Can you tell me what that is?
25 A. It's the Complaint to Foreclose.
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1 Q. How do you know that?
2 A. It says Complaint to Foreclose.
3 Q. Do you know if this is the Complaint of
4 the lawsuit that we're here for today?
5 A. It appears to be.
6 Q. What do you base that statement on?
7 A. I've seen it before.
8 Q. Where have you seen it?
9 A. In my office.
10 Q. SO you looked at a copy of this, a
11 similar document. It might not have had the stamp on
12 there 13, but you looked at this document in this
13 form in your office?
14 A. It appears to be.
15 Q. Do you remember when you did that?
16 A. No.
17 Q. Do you know if it was any time this year?
18 A. Don't know the date.
19 Q. How do you know you looked at it then?
20 A. Because I signed the Affidavit.
21 Q. How many Affidavits do you sign a day?
22 A. I don't know.
23 Q. Do you sign a hundred a day?
24 A. I don't know the number.
25 Q. So it could be 200 a day?
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1 MS. PRETE: Objection. Form.
2 THE WITNESS: I don't know.
3 BY MR. BLEIL:
4 Q. It could be a hundred a day?
5 MS. PRETE: Objection. Form.
6 THE WITNESS: It could be. I don't know.
7 BY MR. BLEIL:
8 Q. You don't have any idea?
9 A. No.
10 Q. Do you track them in the office for
11 statistical purposes?
12 A. I don't know.
13 Q. You know the internal workings of Litton
14 Loan pretty well after working there for seven years,
15 right?
16 MS. PRETE: Objection. Form,
17 speculation.
18 THE WITNESS: No.
19 BY MR. BLEIL:
20 Q. You know your job functions pretty well
21 as a foreclosure specialist because you've been doing
22 it for a while, right?
23 MS. PRETE: Objection. Form.
24 THE WITNESS: Yes.
25 BY MR. BLEIL:
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1 Q. You wouldn't be expected to know
2 everybody's job there, right?
3 A. Right.
4 Q. If Debra asked you to find out all the
5 Affidavits you signed in the past year, is there a
6 way you coordinate that in your system?
7 A. I don't know.
8 Q. Do you think Debra might know the answer
9 to that?
10 MS. PRETE: Objection. Form.
11 THE WITNESS: I don't know.
12 BY MR. BLEIL:
l3 Q. You don't know the answer, but can you
14 think of anybody at Litton Loan that might be able to
15 figure out how many affidavits you signed in the past
16 year?
17 A. I don't know.
18 Q. Do you have an IT Department there?
19 A. Yes, we do.
20 Q. How do you know that?
21 A. It's in the directory.
22 Q. What else is in the directory?
23 A. I don't remember.
24 Q. Well, we talked about the Tax Department,
25 right?
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1 A. Yes.
2 Q. And the Insurance Department, right?
3 A. Yes.
4 Q. And the IT Department?
5 A. Yes.
6 Q. Anything else you remember seeing in that
7 directory?
8 A. I don't know.
9 Q. You don't know if you remember seeing
10 anything, or you don't know if there's any other
11 departments in that directory?
12 A. I don't know.
13 Q. When's the last time you saw that
14 directory?
15 A. I don't know.
16 Q. Was it last week?
17 A. I don't know.
18 Q. I want you to look at this Complaint here
19 that we've got marked as Exhibit B, Miss Bailey.
20 Right below where it says Defendants it says
21 Complaint To Foreclose Mortgage And Reestablish Note
22 and Mortgage, right?
23 A. Yes.
24 Q. What does it mean to reestablish?
25 MS. PRETE: Objection. Calls for a legal
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1 conclusion.
2 THE WITNESS: I don't know.
3 BY MR. BLEIL:
4 Q. Then right below there it's got Count I.
5 What is a count?
6 A. I don't know.
7 MS. PRETE: Objection. Calls for a legal
8 conclusion.
9 BY MR. BLEIL:
10 Q. I think you said before that the
11 Complaint was like a lawsuit, right?
12 A. I believe I said that.
13 Q. Any idea of why in that paragraph that
14 starts Comes Now any idea why unknown spouse of Joyce
15 Austin is listed there?
16 MS. PRETE: Objection. Calls for a legal
17 conclusion.
18 THE WITNESS: I don't know.
19 BY MR. BLEIL:
20 Q. Do you know if Joyce Austin has a spouse?
21 A. I don't know.
22 Q. Any idea why the unknown tenant is listed
23 there?
24 MS. PRETE: Objection. Calls for a legal
25 conclusion.
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1 THE WITNESS: I don't know.
2 BY MR. BLEIL:
3 Q. Do you know if that unknown tenant has to
4 be in the lawsuit?
5 MS. PRETE: Objection. Calls for a legal
6 conclusion.
7 THE WITNESS: I don't know.
8 BY MR. BLEIL:
9 Q. Do you know why Mortgage Electronic
10 Registration Systems, Inc., is listed here?
11 MS. PRETE: Objection. Calls for a legal
12 conclusion.
13 THE WITNESS: I don't know.
14 BY MR. BLEIL:
15 Q. We talked earlier about Mortgage
16 Electronic Registration System, Inc. We called that
17 entity MERS, right?
18 A. Correct.
19 Q. And MERS is the person or the entity that
20 you signed those assignments on behalf of, right, as
21 the secretary?
22 A. Yes.
23 Q. Did you ever ask your supervisor, Debra,
24 when you were looking at this Complaint: Debra, why
25 is MERS here?
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1 A. No.
2 Q. Didn't that raise a red flag?
3 A. No.
4 Q. Did you think that the Plaintiff here
5 might be trying to sue MERS?
6 MS. PRETE: Objection. Form.
7 THE WITNESS: I don't know.
8 BY MR. BLEIL:
9 Q. Do you have any idea why MERS is listed
10 there?
11 A. No.
12 Q. And that didn't peak your interest at all
13 when you looked at this Affidavit?
14 MS. PRETE: Objection. Form.
15 BY MR. BLEIL:
16 Q. When you looked at this Complaint?
17 A. No.
18 Q. Have you seen any other Complaints that
19 have MERS in them?
20 A. I'm sure.
21 Q. How do you know you're sure?
22 A. I'm guessing that there are.
23 Q. So you're guessing. You don't know if
24 you've seen that?
25 A. I don't know.
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1 Q. Reading down here a little bit farther
2 what is a devisee?
3 MS. PRETE: Objection. Calls for a legal
4 conclusion.
5 THE WITNESS: I don't know.
6 BY MR. BLEIL:
7 Q. Do you know what a grantee is?
8 MS. PRETE: Objection. Calls for a legal
9 conclusion.
10 THE WITNESS: I don't.
11 BY MR. BLEIL:
12 Q. I'm looking here at that first paragraph.
13 Any idea what that means?
14 MS. PRETE: Objection. Form.
15 MR. BLEIL: I'm sorry. Miss Bailey, you
16 know what, I'm looking here and it looks like
17 there's some like blue pen marking on this in
18 Paragraph 2. I don't think it really would
19 make a big difference, but I'd like to
20 substitute this other one. I don't think this
21 one has got any markings on it. It will give
22 us a clean copy to work with.
23 Do you have any problem with that?
24 MS. PRETE: That's fine.
25 BY MR. BLEIL:
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1 Q. Miss Bailey, I didn't mean to grab it out
2 from underneath, but you're looking at something on
3 the second page there. Well, I'm going to go back to
4 that first page and draw your attention back to
5 Paragraph 1 for a minute. It's got a number 1 there
6 and then it says Jurisdiction Of The Court. Do you
7 see where I'm at?
8 A. Yes.
9 Q. And then there's a sentence there that
10 reads "This is an action to foreclose a mortgage real
11 property and therefore the Circuit Courts of Florida
12 have jurisdiction."
13 How do you know that statement is true?
14 A. I don't know.
15 Q. Did you know if that statement was true
16 when you signed your Affidavit?
17 MS. PRETE: Objection. Form.
18 THE WITNESS: I don't know.
19 BY MR. BLEIL:
20 Q. Do you know if that statement is true
21 today?
22 MS. PRETE: Objection. Form.
23 THE WITNESS: Could you rephrase that?
24 BY MR. BLEIL:
25 Q. Yes. It says here in Paragraph 1 that
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1 "This is an action to foreclose a mortgage on real
2 property and therefore the Circuit Courts of Florida
3 have jurisdiction."
4 Upon what do you base that statement?
5 A. I don't know.
6 MS. PRETE: Objection.
7 MR. BLEIL: What's the objection,
8 counsel?
9 MS. PRETE: She is not the drafter of
10 this Complaint.
11 BY MR. BLEIL:
12 Q. Counsel makes an interesting issue
13 because maybe I need to jump back to the Affidavit.
14 You didn't put these words on the paper,
15 did you, Miss Bailey?
16 A. No.
17 Q. You didn't draft this Affidavit that was
18 marked as Defendant's Exhibit A, did you?
19 A. No.
20 Q. But you kind of adopted it as your own,
21 for lack of a better phrase, right?
22 MS. PRETE: Objection. Form.
23 THE WITNESS: I don't know.
24 BY MR. BLEIL:
25 Q. Well, you didn't draft it, right?
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1 A. No.
2 Q. But you know who did?
3 A. No.
4 Q. Did you ever ask your supervisor where
5 did this thing come from and you want me to sign it?
6 A. No.
7 Q. Did you ever ask where these Affidavits
8 come from on any of your cases that you sign them
9 for?
10 A. I know where they come from, the law
11 firm.
12 Q. So you do know where they come from?
13 A. Yes.
14 Q. So would it be fair to say that this
15 particular Affidavit marked as Exhibit A that was
16 drafted by a lawyer somewhere, right?
17 A. I don't know.
18 Q. You don't know. But you just said you
19 know that they come from lawyer's offices?
20 A. From the office, yes.
21 Q. Upon what do you base that statement?
22 A. It comes to us from the law firms.
23 Q. How do they come to you from the law
24 firm?
25 A. In the form of an image. A document.
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1 Q. So it's something on your computer
2 screen?
3 A. Yes.
4 Q. You didn't draft this lawsuit here marked
5 as Exhibit B, did you?
6 A. No.
7 Q. Do you have any idea who drafted that?
8 A. A law firm.
9 Q. Upon what do you base that statement?
10 A. The document comes from the law firm.
11 Q. Does it come in an electronic image just
12 like the Affidavit does?
13 -A. Yes.
14 Q. So explain to me how you looked at this
15 document if it wasn't on a paper form?
16 A. It was on paper printed.
17 Q. SO the image came to you in an electronic
18 version, right?
19 A. Yes.
20 Q. Through the computer system?
21 A. Yes.
22 Q. And then you went through that effort of
23 printing it out?
24 A. It's printed.
25 Q. It's already printed for you?
VeritextIFlorida Reporting Co.
Serving the State of Florida (305) 376-8800
1 A. Yes.
2 Q. I want to look at the second paragraph
3 here in the lawsuit. I'll flip it to the second page
4 so you can follow with me. In bold up there it says
5 "Execution of Note and Mortgage and Creation of
6 Lien."
7 Do you know what a lien is?
8 MS. PRETE: Objection. Calls for a legal
9 conclusion.
10 THE WITNESS: No.
11 BY MR. BLEIL:
12 Q. Do you know if a mortgage can be
13 ,considered a lien?
14 A. I don't know.
15 Q. Do you know if a mortgage could be a type
16 of a lien?
17 A. I don't know.
18 Q. Because you don't know what a lien is,
19 right?
20 MS. PRETE: Objection. Form.
21 THE WITNESS: Don't know.
22 BY MR. BLEIL:
23 Q.
24 A.
25 Q.
You don't know what it is?
No.
Well, the paragraph there under number 2
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94
1 it kind of reads or does read "On or about November
2 3D, 2006 a Promissory Note was executed and delivered
3 in favor of Plaintiff, or Plaintiff's assignor, in
4 the original principal amount of $292,800.00."
5 Do you see where I'm reading?
6 A. Yes.
7 Q. Upon what do you base that statement?
8 A. It's in our servicing system.
9 Q. But you don't know what a Promissory Note
10 is, right?
11 A. No.
12 Q. Can you tell me how that Note was
13 executed?
14 A. No.
15 Q. Can you tell me how that Note was
16 delivered?
17 A. No.
18 Q. How do you know that it's true?
19 A. I know the information is true from our
20 servicing system.
21 Q. You've been in the mortgage biz for what,
22 about thirty years now, right?
23 A. Yes.
24 Q. Have you ever been to a closing?
25 A. No.
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1 Q. Do you own a house?
2 A. Yes.
3 Q. Did you go to the closing on your house?
4 A. Yes.
5 Q. Did you execute a Note at that closing?
6 A. Yes.
7 Q. You went to the closing on November 30,
8 2006 in this case?
9 A. Pardon me? Say that again.
10 Q. Were you at the closing on November 30,
11 2006 on this?
12 A. No.
13 Q. That's kind of a foolish question, right?
14 A. Yes.
15 Q. You're probably in Texas doing something
16 at Litton Loan, right?
17 A. Yes.
18 Q. You weren't here in Broward County on
19 November 30 in 2006 when someone signed this Note,
20 right?
21 A. No.
22 Q. So you're relying on that statement you
23 made here because you looked at the computer screen,
24 right?
25 A. Yes.
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1 Q. Did you look at the Note when you signed
2 this Affidavit?
3 A. No.
4 Q. How do you know it was for $292,800?
5 A. It's in our system that it is.
6 Q. And that's the computer system we've been
7 talking a lot about today, right?
8 A. Yes.
9 Q. The next sentence reads "To secure
10 payment of said Note, the original mortgagors, then
11 being the owners of record, executed and delivered a
12 Mortgage which is attached as Exhibit A."
13 How do you know that statement is true?
14 A. It's shown in our servicing system.
15 Q. But you didn't see Miss Austin sign the
16 Note, did you?
17 A. No.
18 Q. Back to that first sentence, the second
19 line down. Do you have any idea why it would say
20 Plaintiff or Plaintiff's Assignor?
21 A. I don't know.
22 Q. Do you know what Plaintiff's Assignor
23 means?
24 MS. PRETE: Objection. Calls for legal
25 objection.
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1 THE WITNESS: No.
2 BY MR. BLEIL:
3 Q. Do you know what an assignor is?
4 MS. PRETE: The same objection.
5 THE WITNESS: No.
6 BY MR. BLEIL:
7 Q. Do you know if Miss Austin can be an
8 assignor?
9 A. I don't know.
10 Q. Can you use the word assignor in a
11 sentence?
12 A. No.
13 MS. PRETE: Objection. Form.
14 BY MR. BLEIL:
15 Q. Do you know what part of speech it is?
16 MS. PRETE: Objection. Form.
17 THE WITNESS: No.
18 BY MR. BLEIL:
19 Q. It also says in that second sentence in
20 Paragraph 2 that " .. . then being the owners of
21 record."
22 Do you think that refers to the
23 Defendants?
24 MS. PRETE: Objection. Form.
25 THE WITNESS: I don't know.
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1 BY MR. BLEIL:
2 Q. Do you have any idea who that refers to?
3 A. No, I do not.
4 Q. Do you know what it means to be an owner
5 of record?
6 MS. PRETE: Objection. Calls for a legal
7 conclusion.
8 THE WITNESS: No.
9 BY MR. BLEIL:
10 Q. Do you know if Miss Austin is the owner
11 of record in this case?
12 A. She's who we show on our servicing
13 system.
14 Q. Do you know if she was the owner whenever
15 you signed your Affidavit?
16 MS. PRETE: Objection. Form.
17 THE WITNESS: I believe she was.
18 BY MR. BLEIL:
19 Q. Upon what do you base that belief?
20 A. Our servicing system.
21 Q. The servicing system is pretty important,
22 isn't it?
23 A. Yes.
24 Q. Well, under 2 there it reads to say "It
25 was recorded in Official Records Book 43243, Page
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1 568, Public Records of Broward County, Florida."
2 How do you know that statement is true?
3 A. We have that information in our servicing
4 system.
5 Q. Where would you get that information from
6 the servicing system?
7 A. It's shown in the servicing system.
8 Q. Let's say that you wanted to see Miss
9 Austin's records in the servicing system. Kind of
10 walk me through it step by step. You would sit down
11 at your desk and you would?
12 A. Put in the loan number.
13 Q. So you manually input a loan number into
14 a data field?
15 A. Yes.
16 Q. How do you know what the loan number is?
17 A. We can look it up.
18 Q. Let's say you're sitting at your computer
19 desk today. If you had to find Miss Austin's loan
20 number, how would you find that loan number to put it
21 in?
22 A. Look it up.
23 Q. What would you do to look it up?
24 A. The name and property address.
25 Q. What would you do to find the name and
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1 property address?
2 A. Put in the name and put in the property
3 address.
4 Q. So you put the name and property address
5 into a data field?
6 A. Correct.
7 Q. And then you can find a correlating loan
8 number?
9 A. Correct.
10 Q. Do you know if the loan number is the
11 same as the MIN number?
12 A. I don't know.
13 Q. Do you know what a MIN number is?
14 A. No.
15 Q. Have you ever heard of that phrase
16 before?
17 A. I've heard it.
18 Q. Where have you heard it?
19 A. I don't remember.
20 Q. Do you remember when?
21 A. No.
22 Q. Do you remember where?
23 A. No.
24 Q. Do you remember if it was at work?
25 A. Yes.
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1 Q. It was at work. Did you ever look at the
2 public records of Broward County, Florida, to
3 ascertain if this mortgage was recorded there?
4 A. No.
5 Q. How do you know that's true?
6 A. It's shown in our servicing system.
7 Q. That last sentence or another sentence
8 there reads in Paragraph 2 "It encumbers the real and
9 personal property and fixtures described therein."
10 In that sentence, what does it mean to
11 encumber?
12 MS. PRETE: Objection. Calls for a legal
13 conclusion.
14 THE WITNESS: I don't know.
15 BY MR. BLEIL:
16 Q. Have you ever heard of that word before?
17 A. I don't know.
18 Q. You don't know if you've heard of it?
19 A. No, I don't know.
20 Q. Is today the first time you've heard that
21 word?
22 A. I don't know.
23 Q. Could you use encumber in a sentence?
24 A. No.
25 Q. In this sentence what are fixtures?
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1 MS. PRETE: Objection. Calls for a legal
2 conclusion.
3 THE WITNESS: I don't know.
4 BY MR. BLEIL:
5 Q. In this sentence what's personal
6 property?
7 A. I don't know.
8 Q. How do you know that it encumbers the
9 real and personal property and fixtures described
10 therein?
11 A. It shows in our servicing system.
12 Q. Where would you look at in your servicing
13 system to see if it encumbers the real and personal
14 property and fixtures described therein?
15 A. In the servicing system.
16 Q. Is it possible that maybe a mortgage
17 could just encumber the real property?
18 A. I don't know.
19 Q. Have you ever seen a Complaint where it
20 just encumbered the real property?
21 A. I don't know.
22 Q. How many Complaints have you looked at?
23 A. I don't know.
24 Q. A thousand?
25 A. I don't know.
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1 Q. So it could have been a thousand
2 Complaints you've looked at?
3 A. I don't know.
4 Q. Do you know anybody else that signs
5 Affidavits at Litton Loans, Affidavits of
6 Indebtedness?
7 A. I don't know.
8 Q. Do you have someone that works in a
9 cubicle or in an area next to you?
10 A. I don't know.
11 Q. Do you have an office?
12 A. Yes.
13 Q. So you have an office with a door?
14 A. Yes.
15 Q. Do you know whose in the office next to
16 you?
17 A. No.
18 Q. Do you know if there's anybody next to
19 you?
20 A. No, there's not.
21 Q. So you've got an isolated office on your
22 own?
23 A. Yes.
24 Q. And no one works beside you?
25 A. No.
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1 Q. Explain to me how that works because I'm
2 trying to figure out how you can work in an office
3 but not have anybody next to you.
4 MS. PRETE: Objection. Form.
5 THE WITNESS: I'm at the end in a corner.
6 BY MR. BLEIL:
7 Q. Are there other people out in the open
8 floor?
9 A. No.
10 Q. Are there other offices on your floor?
11 A. Yes.
12 Q. Are there offices like in your little
13 department or division?
14 A. Yes.
15 Q. Any idea what those people in those other
16 offices do?
17 A. No.
18 Q. Do you have lunch on-site?
19 A. No.
20 Q. Do you have a kitchen there at Litton
21 Loans?
22 A. Yes.
23 Q. Do they have a break room?
24 A. Yes.
25 Q. Do they have birthday party celebrations
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1 at Litton Loans?
2 MS. PRETE: Objection.
3 MS. PARSONS: Relevance.
4 THE WITNESS: No.
5 BY MR. BLEIL:
6 Q. Do you punch a time clock at Litton
7 Loans?
8 A. No.
9 Q. Do you get paid hourly at Litton Loans?
10 MS. PRETE: Objection. Relevance.
11 THE WITNESS: No.
12 BY MR. BLEIL:
13 Q. So you're a salaried employee?
14 A. Yes.
15 MS. PRETE: Objection. Relevance.
16 MR. BLEIL: The relevance is, counselor,
17 that Miss Bailey doesn't seem to know anybody
18 else that works at Litton Loans. I'm trying to
19 figure out if anybody else does. I mean, she
20 doesn't know anybody there.
21 MS. PRETE: Counselor, I don't think
22 you're really interested if anybody else works
23 there.
24 Miss Bailey is the Affiant for this case.
25 So she's here being deposed based on her
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1 knowledge of this Affidavit. So you should be
2 asking her the questions that are based on her
3 Affidavit .
4 MR. BLEIL: Counsel, thanks for the
5 instruction. But, you know, when you take a
6 deposition you can run it how you like. I'm
7 trying to figure out if anybody else works
8 there besides Miss Bailey and her boss and the
9 three gentlemen with the first names.
10 MS. PRETE: I don't really think you're
11 trying to find out if anybody else works there.
12 BY MR. BLEIL:
13
. Q.
Miss Bailey, Litton Loans, are they in
14 their own building or they have office space in a
15 building?
16 A. I don't know.
17 MS. PRETE: Objection. Relevance.
18 BY MR. BLEIL:
19 Q. Well, when you go into work do you take
20 an elevator?
21 A. Yes.
22 Q. So they're in a building that has
23 multiple floors in it?
24 A. Yes.
25 Q. Do you know if Litton Loan has offices on
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1 more than one floor in that building?
2 A. Yes.
3 Q. How do you know that?
4 MS. PRETE: Objection. Relevance.
5 THE WITNESS: I've been to other floors.
6 MS. PRETE: Counsel, where are we going
7 with these questions? If there's elevators, if
8 she takes the elevator and there's different
9 floors, where are we going?
10 MR. BLEIL: Okay.
11 BY MR. BLEIL:
12 Q. Do you ever see any other people in the
13 elevator at Litton Loans?
14 A. I don't know.
15 Q. Well, you were there last week working,
16 right?
17 A. Yes.
18 Q. Particularly on Friday because you said
19 you signed an Affidavit for MERS at Litton Loans last
20 Friday?
21 A. Yes.
22 Q. SO let's focus in on last Friday. Did
23 you ride the elevator last Friday?
24 A. Yes.
25 MS. PRETE: Objection. Relevance. Do
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1 you have a specific person in mind that you're
2 asking her about?
3 MR. BLEIL: I'd be happy if Miss Bailey
4 knew anybody. I think she does an awful lot
5 there. I don't think she knows anybody at
6 Litton Loans.
7 MS. PRETE: For what purpose?
8 MR. BLEIL: I'm allowed to ask anything
9 that's reasonably calculated to lead to
10 admissible evidence.
11 MS. PRETE: I understand that. But I
12 feel at this point it's a little harassing
13 asking her a thousand questions about people
14 that work there.
15 MR. BLEIL: Counsel, the record is going
16 to show that Miss Bailey doesn't know much of
17 anything in this deposition. I'm trying to get
18 something of substance. I'm trying to figure
19 out a way to figure out what she knows.
20 MS. PRETE: Riding an elevator with other
21 people isn't going to bring substance to this
22 case.
23 BY MR. BLEIL:
24 Q. Miss Bailey, let's go back to the
25 directory. You mentioned that directory, right? Do
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1 you remember that directory we were talking about?
2 You talked about the Tax Department, the Insurance
3 Department.
4 A. Yes.
5 Q. Is that directory on one page of paper?
6 MS. PRETE: Objection. Relevance.
7 THE WITNESS: I don't know.
8 BY MR. BLEIL:
9 Q. Is it a book?
10 MS. PRETE: Objection. Relevance.
11 THE WITNESS: No.
12 BY MR. BLEIL:
13 Q. What kind of a document is it then?
14 A. It's on paper.
15 Q. How big of a paper?
16 A. I don't know.
17 Q. When's the last time you saw that?
18 A. I don't know.
19 Q. Let's just go back to the Complaint here
20 for a minute. Maybe we'll get back to that.
21 Number 3 talks about Assignment of Note
22 and Mortgage. Here it says "The above-described Note
23 and Mortgage were assigned to Plaintiff."
24 How do you know that's true?
25 A. I must have saw it.
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1 Q. You're leafing through this Complaint,
2 right? That's what we're doing now, right?
3 A. Yes. But it would be in our servicing
4 system.
5 Q. Are you looking for something in
6 particular?
7 A. I was going to see if there was a copy of
8 it.
9 Q. Well, take a look. Maybe there is.
10 A. It doesn't matter. It would be in our
11 servicing system.
12 Q. These are Assignments you mentioned that
13 are similar to the ones you sign on behalf of MERS,
14 right? Right, the Assignment?
15 A. What's the question?
16 Q. You said the Assignment would be in your
17 system. This is that computer system that has all
18 that plethora of information in it, right?
19 A. Yes.
20 Q. Do you see an Assignment attached to this
21 Complaint?
22 A. I didn't look.
23 Q. Why don't you take a minute and look and
24 tell me if you see an Assignment there in Exhibit B?
25 A. No, I don't see one.
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1 Q. SO you don't see an Assignment in that
2 Exhibit. Okay.
3 How do you know one exists?
4 A. It's in our servicing system.
5 Q. Did you look at any Assignment on this
6 case?
7 A. I don't know. I might have just looked
8 at the information.
9 Q. What kind of information would you find
10 in an Assignment?
11 A. It shows to and from. Assigns from and
12 to.
13 Q. Do you know the reason why Assignments
14 exist?
15 A. No.
16 MS. PRETE: Objection. Calls for a legal
17 conclusion.
18 BY MR. BLEIL:
19 Q. But you sign these things on behalf of
20 MERS, right?
21 A. Yes.
22 Q. But you don't have any idea why you're
23 signing them?
24 A. No.
25 Q. Did you ever ask anybody why?
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1 MS. PRETE: Objection. Asked and
2 answered.
3 THE WITNESS: No.
4 BY MR. BLEIL:
5 Q. You never asked your supervisor?
6 A. No.
7 Q. Well, Paragraph 4 goes on in this
8 Complaint and it talks about "The property is now
9 owned by Defendant, Joyce Austin."
10 How do you know that's true?
11 A. It's in our servicing system.
12 Q. Did you search public records to find out
13 if she's the titleholder?
14 A. No.
15 Q. So when you made that statement you
16 relied on that servicing system computer with all
17 that information in it?
18 A. Yes.
19 Q. You mentioned before about an Assignment.
20 How did you describe it? I just don't want to put
21 words in your mouth.
22 A. From whom to whom.
23 Q. From whom to whom. Okay. Do you know
24 what an originator of a Note is?
25 A. No.
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1 Q. Do you know who the originator of the
2 Note in this case is?
3 A. No.
4 Q. Is there anything in Exhibit B that you
5 might be able to look at and figure out who the
6 originator of this Note is?
7 A. No.
8 Q. Do you need some time to look through the
9 Complaint or do you feel comfortable saying no?
10 A. I feel comfortable saying no.
11 Q. Number 5 there on this exhibit talks
12 about the Default on Note and Mortgage. What is
13 default?
14 MS. PRETE: Objection. Calls for a legal
15 conclusion.
16 THE WITNESS: I don't know.
17 BY MR. BLEIL:
18 Q. Paragraph 5 there goes onto read "The
19 installment which became due on the Note and Mortgage
20 on June 1, 2008 and each payment thereafter have not
21 been paid to either the Plaintiff or the Plaintiff's
22 Assignee by the Defendants, current property owners,
23 or by anyone on behalf of the Defendants liable on
24 the Note and Mortgage."
25 Do you see where I'm reading that
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1 sentence from?
2 A. Yes.
3 Q. Upon what do you base that statement?
4 A. On what's in our servicing system.
5 Q. What in your servicing system did you
6 base that statement on?
7 A. The screen showing what the loan is due
8 for. It's due for June 1, 2008.
9 Q. What kind of information is on that
10 screen?
11 A. Due date.
12 Q. What else?
13 A. Mortgagor's name.
14 Q. Anything else?
15 A. Mortgagor's address.
16 Q. Anything else?
17 A. No.
18 Q. What did you mean when you said
19 Plaintiff's assignee here?
20 A. I don't know.
21 Q. Do you know what Plaintiff's assignee is?
22 A. No.
23 Q. Do you know whose liable on this Note and
24 Mortgage?
25 A. No.
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1 Q. Do you know what liable means in that
2 statement?
3 A. No.
4 Q. How do you know that that sentence is
5 true then, the one we're talking about?
6 A. Because in the system we show June 1 as
7 the due date.
8 Q. The next sentence reads there "The Note
9 and Mortgage are in default for failure to pay as
10 required thereunder."
11 How do you know that statement is true?
12 A. I don't know.
13 Q. You don't know how that statement is
14 true?
15 A. No.
16 Q. Do you know if that statement is true?
17 A. Yes.
18 Q. How?
19 A. I believe it to be.
20 Q. Upon what do you base that belief?
21 A. We have legal counsel that drafts these.
22 Q. So you're relying on your attorneys to
23 ascertain that information?
24 A. No.
25 Q. Why would it have anything to do with
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1 legal counsel drafting these?
2 A. The wording.
3 Q. The particular choice of words was chosen
4 by your attorneys?
5 A. Yes.
6 Q. Did you ever ask your supervisor what
7 that means?
8 A. No.
9 Q. Do you know what thereunder means in that
10 sentence?
11 A. No.
12 Q. Do you know if there was any requirement
13 thereunder?
14 A. I don't know.
15 Q. That reads on further "Notice of default
16 and demand for payment was sent to the present owners
17 of the property and mortgagors, and they have still
18 failed to pay as required."
19 On what do you base that sentence?
20 A. It's found in our servicing system.
21 Q. Where would you find that information in
22 your servicing system?
23 A. Under letters sent.
24 Q. How do you know that it was sent to the
25 present owner?
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1 A. I show it was sent in our servicing
2 system.
3 Q. Does it show that it was received?
4 A. I don't know.
5 Q. Well, number 6 here reads Approximate
6 Amount Due and Acceleration. It says that "The
7 principal balance due on the Note and Mortgage is
8 $290,806.95 together with interest at the rate of
9 6.99 per annum from May 1, 2008."
10 Upon what do you base that statement?
11 A. Information in the servicing system.
12 Q. Where would you look to get that
13 information?
14 A. In the servicing system.
15 Q. Where at?
16 A. In the servicing system.
17 Q. You mentioned before that to access that
18 information you type in the person's name and their
19 address and it comes up with the loan number, right?
20 A. Correct.
21 Q. And then once you get the loan number you
22 put it into another data field and it will pull up
23 the info, for lack of a better phrase?
24 A. Correct.
25 Q. Well, if you wanted to find out what the
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1 balance due on the Note and Mortgage is for this
2 particular case, how would you find that information?
3 Would you have to click around; do you have to point?
4 What do you do?
5 A. Put in the loan number.
6 Q. You put in the loan number?
7 A. Yes.
8 Q. And all this information is on one
9 screen, right?
10 A. No, a couple of screens.
11 Q. How do you change screens in the system?
12 A. Hit enter.
13 Q. So enter is the command to bring up the
14 next screen?
15 A. Yes.
16 Q. Is there a way that you can go back to
17 the previous screen?
18 MS. PRETE: Objection. Relevance.
19 THE WITNESS: No.
20 BY MR. BLEIL:
21 Q. So once you call up the loan number you
22 can only go through the pages in sequence order.
23 What happens if you're on page 3 and you
24 need to go back to page I?
25 A. You put in the loan number.
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1 MS. PRETE: Objection. Relevance
2 BY MR. BLEIL:
3 Q. So you put the loan number in again and
4 it starts you back to square 1, and you again go to
5 pages 1, 2, 3, whatever the other screens are, right?
6 A. Yes.
7 Q. Did you ever hit that button by accident
8 and have to start all over again?
9 MS. PRETE: Objection. Relevance.
10 THE WITNESS: I don't know.
11 BY MR. BLEIL:
12 Q. It would seem to be terribly frustrating
13 to have to start allover.
14 We talked about that May 1, 2008 date in
15 Paragraph 6. You get that information from the
16 screen, right?
17 A. Yes.
18 Q. And then the next sentence here reads
19 "The Plaintiff by filing this Complaint does
20 accelerate the payment of the debt."
21 What did you mean by that?
22 MS. PRETE: Objection. Form.
23 THE WITNESS: I don't know.
24 BY MR. BLEIL:
25 Q. How do you know that's true?
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1 A. I don't know.
2 Q. You don't know if that's true?
3 MS. PRETE: Objection. Form.
4 THE WITNESS: I don't know.
5 BY MR. BLEIL:
6 Q. Well, you see where that next sentence
7 reads "The Plaintiff has expended and will continue
8 to expend during the pendency of this lawsuit certain
9 necessary costs and advances to protect its security,
10 all of which are secured by the lien of the Mortgage
11 and which Plaintiff is entitled to recover."
12 How do you know that sentence is true?
13 A. I don't know.
14 Q. Do you know if that sentence is true?
15 A. I don't know.
16 Q. You don't know if that sentence is true?
17 MS. PRETE: Objection. Asked and
18 answered.
19 THE WITNESS: No.
20 BY MR. BLEIL:
21 Q. What are the certain necessary costs and
22 advances that the Plaintiff would put forward?
23 A. Which number are we on?
24 Q. I'm looking at Paragraph 6, the second
25 line up from the bottom. It talks about necessary
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1 costs and advances.
2 Any idea what those necessary costs and
3 advances are?
4 A. No.
5 Q. Do you know what the necessary costs
6 would be?
7 A. No.
8 MS. PRETE: Objection. Asked and
9 answered.
10 BY MR. BLEIL:
11 Q. Do you know what necessary advances would
12 be?
13 A. No.
14 Q. Do you know if there were any costs and
15 advances that the Plaintiff put forward?
16 MS. PRETE: Objection. Asked and
17 answered.
18 THE WITNESS: I don't know.
19 BY MR. BLEIL:
20 Q. It reads on here further it says " .. . all
21 of which are secured by the lien of the Mortgage."
22 How do you know that's true?
23 A. I don't know.
24 Q. You don't know if that's true?
25 A. No.
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1 Q. It also says here that " .. . Plaintiff is
2 entitled to recover."
3 How do you know that's true?
4 A. I don't know.
5 Q. You don't know if it's true?
6 A. No.
7 Q. Look here at 7. It says "Plaintiff has
8 appointed the undersigned as its attorneys to
9 prosecute this suit and has thereby incurred
10 reasonable attorney's fees."
11 How do you know that U.S. Bank National
12 Association as Successor to LaSalle Bank National
13 Association appointed these lawyers to prosecute the
14 case?
15 A. We're the servicer.
16 Q. Litton Loans is the servicer, right?
17 A. Right.
18 Q. How do you know that U.S. Bank National
19 Association as Successor to LaSalle Bank appointed
20 the undersigned as its attorneys?
21 A. We represent the Plaintiff as the
22 servicer.
23 Q. You represent the Plaintiff as its
24 servicer?
25 A. Yes.
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1 Q. Well, how do you know that the Plaintiff
2 appointed this --
3 A. I don't know.
4 Q. You don't know?
5 A. No.
6 Q. So you don't know if that statement is
7 true?
8 A. No.
9 Q. Do you know if anybody has incurred
10 reasonable attorney's fees?
11 A. I don't know.
12 Q. So you don't know if that statement is
13 true, do you?
14 A. I don't know.
15 MS. PRETE: Objection. Form.
16 BY MR. BLEIL:
17 Q. The last sentence there says "Said fees
18 are an additional indebtedness secured by the lien
19 of the Mortgage."
20 How do you know that statement is true?
21 A. I don't know.
22 Q. You don't know if it's true?
23 A. No.
24 Q. Do you know what kind of fees would be
25 secured by the lien of the Mortgage?
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1 MS. PRETE: Objection. Form.
2 THE WITNESS: No.
3 BY MR. BLEIL:
4 Q. Number 8 looks like it's headed
5 Conditions Precedent. You see where I'm at, right?
6 A. Yes.
7 Q. NOw, that sentence there reads "Plaintiff
8 has complied with all conditions precedent to its
9 right to foreclose."
10 How do you know that statement is true?
11 A. I don't know.
12 Q. You don't know if it's true?
13 A. No.
14 Q. No, you don't know if it's true or yes,
15 you do know if it's true?
16 MS. PRETE: Objection. Form.
17 THE WITNESS: No.
18 BY MR. BLEIL:
19 Q. Do you know if that statement is true?
20 A. No.
21 Q. Do you have any idea what conditions
22 precedent would be necessary before a person
23 forecloses?
24 A. No, I don't know.
25 Q. Do you know if there are any conditions
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1 precedent?
2 MS. PRETE: Objection. Asked and
3 answered.
4 THE WITNESS: I don't know.
5 BY MR. BLEIL:
6 Q. Do you know what a condition precedent
7 is?
8 MS. PRETE: Objection. Asked and
9 answered.
10 THE WITNESS: I don't know.
11 BY MR. BLEIL:
12 Q. You don't know what it is?
13 MS. PRETE: Objection. Asked and
14 answered.
15 THE WITNESS: No.
16 BY MR. BLEIL:
17 Q. I'm looking at number 9 now. It's titled
18 Receivership. It says "The Mortgage allows for the
19 appointment of a Receiver."
20 How do you know that statement is true?
21 A. I don't know.
22 Q. Do you know what a Receiver is?
23 A. No.
24 Q. Do you know if a Receiver would be
25 entitled to collect rents and pay the bills?
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1 A. I don't know.
2 Q. Do you know if the Plaintiff would have
3 to pay a Receiver to do something?
4 A. I don't know.
5 Q. Have you seen any other Complaints where
6 it has this phrase in here that the Plaintiff can
7 appoint a Receiver?
8 A. I don't know.
9 Q. Do you know if this Mortgage allows for
10 the appointment of a Receiver?
11 MS. PRETE: Objection. Calls for a legal
12 conclusion.
13 THE WITNESS: I don't know.
14 BY MR. BLEIL:
15 Q. Do you know if that statement is true?
16 A. I don't know.
17 Q. Is there anything that you might be able
18 to look at in Exhibit B that would tell you if the
19 Plaintiff could appoint a Receiver?
20 A. I don't know.
21 Q. Did you look and try to figure that out
22 when you signed your Affidavit?
23 A. No.
24 Q. Looking at number 10, the next page
25 there, it's titled Superiority of Plaintiff.
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1 Any idea what superiority of the
2 Plaintiff means in that phrase?
3 A. No.
4 Q. Well, the sentence there reads that "The
5 Mortgage of the Plaintiff is a lien superior in
6 dignity to the right, title, claim of lien or
7 interest of all the Defendants in this case, or any
8 of them."
9 How do you know that statement is true?
10 A. I don't know.
11 Q. Do you know what a lien superior in
12 dignity to the right is?
13 MS. PRETE: Objection. Calls for a legal
14 conclusion.
15 THE WITNESS: No.
16 BY MR. BLEIL:
17 Q. Have you ever heard that phrase before?
18 A. No.
19 Q. You don't know if you've heard it?
20 A. I don't know.
21 MS. PRETE: Objection. Asked and
22 answered.
23 BY MR. BLEIL:
24 Q. Do you know what an inferior claim might
25 be?
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1 MS. PRETE: Objection. Calls for a legal
2 conclusion.
3 THE WITNESS: No.
4 BY MR. BLEIL:
5 Q. You've been in the Mortgage biz for about
6 thirty years now, right?
7 A. Yes.
8 Q. And you've never run into the situation
9 where you had a discussion about superiority of
10 liens?
11 MS. PRETE: Objection. Form.
12 THE WITNESS: I don't know.
13 BY MR. BLEIL:
14 Q. You don't know if you have?
15 A. No, I don't know if I have.
16 Q. SO you might have?
17 MS. PRETE: Objection. Form.
18 THE WITNESS: I don't know.
19 BY MR. BLEIL:
20 Q. You don't know if you did or didn't?
21 MS. PRETE: Objection. Form.
22 THE WITNESS: I don't know.
23 BY MR. BLEIL:
24 Q. Do you know if a condo association lien
25 would be superior in title?
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1 MS. PRETE: Objection. Calls for a legal
2 conclusion, relevance.
3 THE WITNESS: I don't know.
4 BY MR. BLEIL:
5 Q. Do you know if a homeowner association
6 claim would be superior in title?
7 MS. PRETE: Objection. Calls for a legal
8 conclusion.
9 THE WITNESS: I don't know.
10 BY MR. BLEIL:
11 Q. You're not a lawyer, are you, Miss
12 Bailey?
13 A. No.
14 Q. Looking at number 11 it reads "The
15 Plaintiff states that it is superior to any right,
16 title or interest of any unknown spouses, heirs,
17 devisees, grantees, creditors of any such person's
18 estate, their successors and assigns, and other
19 unknown persons claiming by, through and under any of
20 the Defendants."
21 How do you know that statement is true?
22 A. I don't know.
23 Q. I think we talked earlier you don't know
24 when a devisee is, do you?
25 A. No.
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1 Q. Or grantees?
2 MS. PRETE: Objection. Asked and
3 answered.
4 THE WITNESS: No.
5 BY MR. BLEIL:
6 Q. I'm looking at number 12 now, if you'll
7 read with me there. It says "The property is in the
8 physical possession and control of Defendants,
9 Unknown Tenant 1, and Unknown Tenant 2, who may have
10 some right, title or interest in the subject property
11 through a written or verbal lease agreement."
12 How do you know that statement is true?
13 A. I don't know.
14 Q. Do you know if there were any tenants in
15 this property when this lawsuit was filed?
16 A. I don't know.
l7 Q. Do you know if Miss Austin was living
18 there?
19 A. I don't know.
20 Q. Do you know if anybody was living there?
21 A. I don't know.
22 Q. Upon what do you base that statement
23 MS. PRETE: Objection. Form.
24 BY MR. BLEIL:
25 Q. that you don't know that anybody was
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1 living there?
2 A. I don't know.
3 Q. You don't know what you base that
4 statement on?
5 MS. PRETE: Objection. Form.
6 BY MR. BLEIL:
7 Q. Do you know why a tenant might have some
8 right, title or interest in a property that's in
9 foreclosure?
10 MS. PRETE: Objection. Calls for a legal
11 conclusion.
12 THE WITNESS: I don't know.
13 BY MR. BLEIL:
14 Q. Do you know if there was any written
15 lease agreement in effect when this lawsuit was
16 filed?
17 A. I don't know.
18 Q. So you don't know if that statement is
19 true, right?
20 A. I don't know.
21 Q. You don't know if it's true?
22 A. I don't know.
23 Q. What don't you know, Miss Bailey?
24 A. If there was a lease agreement filed.
25 Q. So you don't know if that statement is
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1 true?
2 A. No, I don't know.
3 Q. Well, here's number 14. We see where
4 MERS comes into this. I'm looking at 14. It talks
5 about Subordinate Mortgagee and it reads "Defendant,
6 Mortgage Electronic Registration Systems, Inc., as
7 Nominee For People's Choice Home Loan, Inc., may
8 claim some right, title or interest in and to the
9 subject property pursuant to the Mortgage dated
10 November 3, 2006 and recorded December 11, 2006 in
11 Official Records Book 43243, Page 593."
12 Just that phase of the sentence, upon
13 what do you base that statement?
14 A. I don't know.
15 Q. How do you know it's true?
16 A. I don't know.
l7 Q. You don't know if it's true?
18 A. No.
19 Q. Any idea where the subordinate mortgagee
20 might have come from?
21 MS. PRETE: Objection. Form.
22 THE WITNESS: I don't know.
23 BY MR. BLEIL:
24 Q. Do you know if there even is a
25 subordinate mortgagee?
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1 A. I don't know.
2 Q. You don't know if there is one?
3 A. I don't know.
4 Q. It says here it was recorded in Book
5 43243, Page 593.
6 How do you know that's true?
7 A. I don't know.
8 Q. You don't know if it's true?
9 A. I don't know.
10 Q. You don't know if it's recorded at that
11 book and page or you don't know if it's true?
12 A. No, I don't know if it's recorded at that
13 book and page.
14 Q. So you don't know if this statement is
15 true that it was recorded in Book 43243, do you?
16 A. No.
17 Q. And it says here "Said Mortgage lien
18 interest is junior, inferior and subordinate to the
19 Plaintiff and should be redeemed or foreclosed out
20 pursuant to Florida law."
21 How do you know that statement is true?
22 A. I don't know.
23 Q. You don't know if it's true?
24 A. No, I don't know.
25 Q. Do you know if it's a junior, inferior
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1 and subordinate lien?
2 A. I don't know.
3 Q. You don't know if it's a junior lien?
4 A. I don't know.
5 Q. How do you know that it's subordinate to
6 the Plaintiff?
7 A. I don't know.
8 Q. Do you know what subordinate means in
9 that sentence?
10 A. No.
11 Q. Can you use subordinate in a sentence?
12 A. No.
13 Q. Have you ever heard that word before?
14 A. I don't know.
15 Q. You don't know if you've heard it before?
16 A. No, I don't know.
l7 Q. On what do you base the statement that it
18 should be redeemed or foreclosed out pursuant to
19 Florida law?
20 A. I don't know.
21 Q. Do you know what Florida law you're
22 referring to?
23 A. No.
24 Q. Do you know if that statement is true?
25 A. I believe it to be true.
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1 Q. Upon what do you base that belief?
2 A. It comes from the law firm.
3 Q. So you base the veracity of this sentence
4 because it came drafted from your lawyers?
5 A. Yes.
6 Q. Did you do anything to independently
7 verify that that statement was true?
8 A. No.
9 Q. So you relied on the information of a
10 third party when you made this statement?
11 A. Yes.
12 Q. I'm looking here at the next page at a
13 pretty long Wherefore clause. Do you know what
14 Chapter 45 Florida Statutes is?
15 MS. PRETE: Objection. Calls for a legal
16 conclusion.
17 THE WITNESS: No.
18 BY MR. BLEIL:
19 Q. Did you ever look at that chapter?
20 A. No.
21 Q. Do you know if that chapter has a title
22 to it?
23 MS. PRETE: Objection. Asked and
24 answered.
25 THE WITNESS: I don't know.
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1 BY MR. BLEIL:
2 Q. You don't know if it has a title; is that
3 correct?
4 A. Correct.
5 Q. This Wherefore clause reads "Wherefore,
6 Plaintiff prays that an accounting be taken for what
7 is due to the Plaintiff, including reasonable
8 attorney's fees, and for the appointment of a
9 receiver should one be necessary."
10 Upon what do you base that statement?
11 MS. PRETE: Objection. Form.
12 THE WITNESS: I don't know.
13 BY MR. BLEIL:
14 Q. How do you know that statement is true?
15 A. I don't know.
16 Q. You don't know how it's true, do you?
17 A. No.
18 MS. PRETE: Objection. Form.
19 BY MR. BLEIL:
20 Q. Do you know what a Lis Pendens is?
21 MS. PRETE: Objection. Calls for a legal
22 conclusion.
23 THE WITNESS: No.
24 BY MR. BLEIL:
25 Q. Have you ever heard that word before?
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1 A. I don't know.
2 Q. Do you see it here in the middle of the
3 Wherefore clause?
4 A. I do.
5 Q. Did you ask anybody what that meant when
6 you signed your Affidavit?
7 A. No.
8 Q. I'm reading the sentence here and it says
9 "Plaintiff further prays that Defendants herein and
10 all parties claiming interest by, through or under
11 them in said property to the filing of the Lis
12 Pendens forever foreclosed of all right, title,
13 interest, equity redemption or lien in and to said
14 property."
15 How do you know that statement is true?
16 A. I don't know.
17 Q. You don't know if it's true?
18 A. I don't know.
19 Q. You don't know if it's true or not, or
20 you don't know how it's true?
21 A. I don't know how it's true.
22 Q. Do you know if it is true?
23 A. I don't know.
24 Q. So it could be false?
25 A. I don't know.
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1 MS. PRETE: Objection. Form.
2 BY MR. BLEIL:
3 Q. It could be true, right?
4 MS. PRETE: Objection. Form.
5 BY MR. BLEIL:
6 Q. You don't know whether it's true or
7 false, do you?
8 MS. PRETE: Objection. Form.
9 THE WITNESS: I don't know.
10 BY MR. BLEIL:
11 Q. What don't you know?
12 A. What's the question?
13 Q. Well, you were saying you don't know if
14 it's true or false. I'm saying what don't you know?
15 A. I don't know if it's true or false.
16 Q. It says here "Plaintiff demands judgment
17 foreclosing the mortgage and, if the proceeds of the
18 sale are insufficient to pay the Plaintiff's claim, a
19 deficiency judgment if allowed unless any originators
20 or individuals assuming the debt or guarantee have
21 been discharged pursuant to a federal bankruptcy
22 action."
23 How do you know that statement is true?
24 A. I don't know.
25 Q. Do you know what a deficiency judgement
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1 is?
2 MS. PRETE: Objection. Calls for a legal
3 conclusion.
4 THE WITNESS: No.
5 BY MR. BLEIL:
6 Q. Can you use that in a sentence?
7 A. No.
8 Q. Do you have any idea what that means,
9 what a deficiency judgment is?
10 A. No.
11 MS. PRETE: Objection. Form.
12 BY MR. BLEIL:
13 Q. Did anyone ever call you when you were
14 working for that one department it wasn't Litton
15 but it was the one before. Was it People's Choice or
16 something?
17 MS. PRETE: Objection. Form.
18 BY MR. BLEIL:
19 Q. Do you remember we were talking about
20 that when you were called a supervisor and they'd
21 call and ask questions about taxes? Do you remember
22 that conversation we had a little earlier?
23 A. Yes.
24 Q. Did anyone ever call and ask you about a
25 deficiency judgment?
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1 A. No.
2 Q. That was a number years ago, right?
3 MS. PRETE: Objection. Form.
4 THE WITNESS: Yes.
5 BY MR. BLEIL:
6 Q. This last sentence of the Wherefore says
7 "The Court should retain jurisdiction to enter all
8 orders and jUdgments necessary for the complete
9 resolution of all claims between these parties."
10 How do you know that statement is true?
11 A. I don't know.
12 Q. We talked about jurisdiction. You don't
13 have a better idea of what jurisdiction is now, do
14 you?
15 A. No.
16 Q. Do you know why the Court would retain
17 jurisdiction and enter orders and judgments
18 necessary?
19 MS. PRETE: Objection. Calls for a legal
20 conclusion.
21 THE WITNESS: No.
22 BY MR. BLEIL:
23 Q. So do you know if that statement is true?
24 A. I don't know.
25 Q. You don't know if it's true?
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1 A. I don't know.
2 Q. You don't know if it's true, do you?
3 A. I don't know.
4 MS. PRETE: Objection. Form.
5 BY MR. BLEIL:
6 Q. What don't you know?
7 A. If it's true.
8 Q. We're going to look here at Count II. It
9 talks about Reestablishment of Lost Note and
10 Mortgage.
11 You see where I'm at, right?
12 A. Yes.
13 Q. And we see that word jurisdiction again.
14 Do you know if the Court has jurisdiction by virtue
15 of Count I?
16 MS. PRETE: Objection. Calls for a legal
l7 conclusion.
18 THE WITNESS: I don't know.
19 BY MR. BLEIL:
20 Q. What don't you know?
21 A. If they have jurisdiction.
22 Q. So you don't know if that statement is
23 true?
24 A. I don't know.
25 Q. You don't know if it's true?
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1 A. That's right.
2 Q. Well, it says here, number 16, it goes
3 into Lost Note and Mortgage and it says -- you see
4 where I'm at, right?
5 A. Yes.
6 Q. It says "Pursuant to Chapter 71, F.S.
7 (1989) and 673.3091, F.S. the following facts are set
8 forth for the reestablishment and enforcement of
9 lost, destroyed, or stolen Note and Mortgage.
"
10 How do you know that statement is true?
11 A. I don't know.
12 Q. What don't you know?
13 A. How it's true.
14 Q. Do you know if it's true?
15 A. I don't know.
16 Q. You don't know if it's true?
17 A. I don't know.
18 Q. Did you ever look at Florida Statute
19 Chapter 7l?
20 A. No.
21 Q. Do you know what that 1989 in parentheses
22 means?
23 MS. PRETE: Objection. Calls for a legal
24 conclusion.
25 THE WITNESS: No.
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1 BY MR. BLEIL:
2 Q. Did you ever look at Florida Statute
3 673.3091?
4 A. No.
5 Q. Do you know why someone would want to
6 reestablish a lost, destroyed or stolen Note and
7 Mortgage?
8 MS. PRETE: Objection. Form.
9 THE WITNESS: No.
10 BY MR. BLEIL:
11 Q. Do you know why this Clause number 16 is
12 here in this lawsuit?
13 A. No.
14 Q. Did you ask anybody why?
15 A. No.
16 Q. Did you ask your lawyers?
17 A. No.
18 Q. Did you ask your supervisor?
19 A. No.
20 Q. I'm looking at number 7 now. Do you know
21 who can reestablish a lost Note or instrument in the
22 State of Florida?
23 MS. PRETE: Objection. Calls for a legal
24 conclusion.
25 BY MR. BLEIL:
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1 Q. Number 17. I'm sorry, Miss Bailey.
2 Number 17 there.
3 Do you know who can reestablish a lost or
4 stolen Note in the State of Florida?
5 MS. PRETE: The same objection.
6 THE WITNESS: No.
7 BY MR. BLEIL:
8 Q. It says here "Plaintiff is an interested
9 party."
10 How do you know that statement is true?
11 A. I don't know.
12 Q. What don't you know?
13 A. How that's true.
14 Q. Do you know if it's true?
15 A. I don't know.
16 Q. You don't know if it's true?
17 A. I don't know. I don't know if that's the
18 right statement there.
19 Q. Do you know if that's an accurate
20 statement?
21 A. Yes, because they're the Plaintiff.
22 Q. What is an interested party in that
23 sentence?
24 A. I don't know.
25 MS. PRETE: Objection. Calls for a legal
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1 conclusion.
2 BY MR. BLEIL:
3 Q. Can you use an interested party in a
4 sentence?
5 A. No.
6 Q. How do you know that they're the current
7 owner?
8 A. That's what we have in our servicing
9 system.
10 Q. Where would you look to get that
11 information from?
12 A. In the servicing system.
13 Q. How do you know that they were the
14 current owner at the time the Note was lost or
15 destroyed?
16 A. We have it in our supervising system.
17 Q. Did you look to see where this Note could
18 be?
19 A. No.
20 Q. Have you seen other lawsuits that have
21 this count in it?
22 A. I don't know.
23 Q. You don't know if you've seen other ones?
24 A. I don't know if I've seen other ones.
25 Q. So upon your recollection, is this the
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1 only lawsuit you've seen that has a count to
2 reestablish a lost Note and Mortgage in it?
3 A. I don't know.
4 MS. PRETE: Objection.
5 Mischaracterization.
6 BY MR. BLEIL:
7 Q. What don't you know?
8 A. I don't know if I've seen other ones with
9 that in it.
10 Q. But you've seen hundreds of these
11 Complaints, right? That's what you said before,
12 right?
13 A. I've seen Complaints before, yes.
14 Q. How many did you say you saw earlier?
15 A. I didn't know.
16 Q. Do you think it was more than a hundred?
17 A. I don't know.
18 Q. So it could have been more than a
19 hundred, right?
20 MS. PRETE: Objection. Form.
21 THE WITNESS: I don't know.
22 BY MR. BLEIL:
23 Q. How do you know that the Plaintiff was in
24 possession of the Note when it was lost?
25 A. I don't know.
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1 Q. Do you know if that statement is true?
2 A. No, I don't know.
3 Q. You don't know if it's true, do you?
4 A. No.
5 MS. PRETE: Objection. Form.
6 BY MR. BLEIL:
7 Q. Who would be entitled to enforce a lost
8 Note.
9 MS. PRETE: Objection. Calls for a legal
10 conclusion.
11 THE WITNESS: I don't know.
12 BY MR. BLEIL:
l3 Q. Do you know what the word enforce in
14 this sentence means?
15 A. No.
16 Q. Did you ask your boss what it meant?
17 A. No.
18 Q. Can you use the word enforced in a
19 sentence?
20 A. No.
21 MS. PRETE: Objection. Form.
22 BY MR. BLEIL:
23 Q. Have you ever heard the word enforced
24 before?
25 A. Yes.
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1 Q. Where?
2 A. Don't know.
3 Q. Was it at work?
4 A. I don't know.
5 Q. How do you know that the Plaintiff was in
6 possession of the Note when the loss of possession
7 occurred?
8 A. I don't know.
9 Q. Did you actually ever see the physical
10 Note?
11 A. I don't know.
12 Q. You don't know if you've seen it?
l3 A. It's in our servicing system, the
14 information. Not the Note.
15 Q. Would it make sense that you can't get a
16 paper copy of the Note because it's lost, right?
17 MS. PRETE: Objection. Form.
18 THE WITNESS: I don't know.
19 BY MR. BLEIL:
20 Q. You didn't know if this Note was lost
21 when you signed the Affidavit, did you?
22 A. I don't know if you can get a paper copy.
23 Q. Have you ever requested a paper copy of
24 the Note when you were working for Litton Loan?
25 A. Not me.
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1 Q. Have you ever looked at a paper copy of
2 the Note?
3 A. I have.
4 Q. When was the last time you saw a paper
5 copy of the Note?
6 A. I don't know.
7 Q. Was it in the past year?
8 A. I don't know.
9 Q. It could have been in the past year then?
10 MS. PRETE: Objection. Form.
11 THE WITNESS: I don't know.
12 BY MR. BLEIL:
13 Q. You have seen the Note in the last month?
14 MS. PRETE: Objection. Form.
15 THE WITNESS: I don't know.
16 BY MR. BLEIL:
17 Q. You don't know, do you?
18 A. No.
19 MS. PRETE: Objection. Form.
20 BY MR. BLEIL:
21 Q. Do you know what venue is?
22 MS. PRETE: Objection. Calls for a legal
23 conclusion.
24 THE WITNESS: No.
25 BY MR. BLEIL:
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1 Q. How do you know that this statement that
2 the Mortgage was recorded as above described and
3 therefore venue is proper in this county, how do you
4 know that statement is true?
5 A. We have attorneys for that.
6 Q. So you don't know if that statement is
7 true. You're relying on your lawyers for that
8 statement, right?
9 A. I don't know.
10 Q. You don't know if you're relying on your
11 lawyers for that statement?
12 A. Yes, we rely on our lawyers.
13 Q. Well, what did you do to find out if that
14 statement is true?
15 A. I didn't find out if it's true.
16 Q. You take it as the gospel truth because
17 it's here in the Complaint?
18 MS. PRETE: Objection. A
19 mischaracterization of the witness's earlier
20 testimony.
21 THE WITNESS: No.
22 BY MR. BLEIL:
23 Q. So you don't take it as the gospel truth,
24 right?
25 MS. PRETE: Objection. Form.
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1 THE WITNESS: No.
2 BY MR. BLEIL:
3 Q. What did you do to see if this statement
4 was true or not, this venue statement, number 18?
5 A. I don't know.
6 Q. Did you do anything?
7 A. No.
8 Q. I'm looking here at number 19. It reads
9 "The above-described Note and Mortgage have been lost
10 and are not in the custody or control of the
11 Plaintiff."
12 How do you know that statement is true?
13 A. It's in our servicing system.
14 Q. Did you look for the original Note?
15 A. No. Me personally, no.
16 Q. Did you ever ask anybody to for you?
17 A. No.
18 Q. In all the Affidavits you've signed, have
19 you ever asked anybody: Hey, did anybody look for
20 this thing?
21 A. No.
22 Q. And you never looked on your own, did
23 you?
24 MS. PRETE: Objection. Asked and
25 answered.
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1 THE WITNESS: No.
2 BY MR. BLEIL:
3 Q. You didn't look on your own in this case?
4 A. No.
5 Q. It's not part of your job to go down and
6 dig through the file room, is it?
7 MS. PRETE: Objection. Form.
8 THE WITNESS: No.
9 BY MR. BLEIL:
10 Q. That would be someone else's job?
11 A. I don't know.
12 Q. You don't even know if you all have a
13 file room there, right?
14 A. No, I don't know.
15 MR. PRETE: Objection. Form.
16 BY MR. BLEIL:
17 Q. Do you know if you have an off-site
18 storage facility?
19 A. I don't know.
20 Q. Did you ever ask anybody?
21 A. No.
22 Q. Did you ever ask your boss where all
23 these papers are that are on the computer screen?
24 A. No.
25 Q. When you look at the computer screen,
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1 does it have exactly a copy of the documents or is it
2 a summarization?
3 A. A summarization of whether or not we have
4 the Note.
5 Q. Where would you look on the computer
6 screen to see if you have a Note or not?
7 A. In the servicing system.
8 Q. Well, you talked before about how there
9 are a number of pages, right?
10 A. Yes.
11 Q. On the screens that come up?
12 A. Yes.
13 Q. Do you remember particularly what screen
14 you would find that information as to whether that
15 Note is in the possession of the Plaintiff or not?
16 A. Yes, comments.
17 Q. What would be a typical comment that
18 would show that it was not in the possession of the
19 Plaintiff anymore?
20 MR. PRETE: Objection. Form.
21 THE WITNESS: Would you rephrase that?
22 BY MR. BLEIL:
23 Q. Yes. You mentioned that you look at the
24 comments and you get that information from the
25 comments.
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1 What would the comments say that would
2 indicate that the Plaintiff is not in possession of
3 the Note and Mortgage?
4 A. Unavailable at this time.
5 Q. Is that what it always says, unavailable
6 at this time?
7 MS. PRETE: Objection. Form.
8 THE WITNESS: Yes.
9 BY MR. BLEIL:
10 Q. What else could it say?
11 A. I don't know.
12 Q. Do you remember what else it said?
13 A. No.
14 Q. How many of those screen captions do you
15 look at a day?
16 A. I don't know.
17 Q. Maybe a dozen?
18 A. I don't know.
19 Q. SO it could be a dozen?
20 MS. PRETE: Objection. Form.
21 THE WITNESS: I don't know.
22 BY MR. BLEIL:
23 Q. Well, if you didn't look for the Note, do
24 you know anybody that might have?
25 A. I don't know.
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1 Q. Do you know if there's a department in
2 the directory that says location of lost instruments?
3 A. I don't know.
4 Q. But there's an entry in that journal, or
5 call it whatever it is, that has original records
6 custodian.
7 Did you ever think about calling him to
8 see if he might have this?
9 MS. PRETE: Objection. Form.
10 THE WITNESS: Not me.
11 BY MR. BLEIL:
12 Q. Do you know if anybody else called that
13 original records custodian and said: Hey, do you
14 guys have this thing?
15 A. I don't know.
16 Q. You don't know if you ever made that
17 call?
18 MS. PRETE: Objection. Form.
19 THE WITNESS: I don't know if anyone
20 made the call.
21 BY MR. BLEIL:
22 Q. Have you ever made a call like that?
23 A. No.
24 Q. The sentence here also reads "The time
25 and manner of the loss is that the subject Note and
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1 Mortgage were lost or disappeared under unknown
2 circumstances after Plaintiff became the holder
3 thereof."
4 How do you know that statement is true?
5 A. I don't know.
6 Q. What don't you know?
7 A. Whether that statement is true.
8 Q. So it could be false?
9 A. I don't know.
10 MS. PRETE: Objection. Form.
11 BY MR. BLEIL:
12 Q. Well, if it's not true what else could it
13 be?
14 MS. PRETE: Objection. Form.
15 THE WITNESS: I don't know.
16 BY MR. BLEIL:
17 Q. Let's step back for a minute because you
18 can appreciate the fact that some statements are
19 true, right?
20 A. Sure.
21 Q. Like if I were to say that what you're
22 looking at is Exhibit B to the deposition, that would
23 be a true statement, right?
24 MS. PRETE: Objection. Form.
25 THE WITNESS: I don't know.
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1 BY MR. BLEIL:
2 Q. You don't know if you are looking at
3 Exhibit B?
4 A. No.
5 Q. You were here before in the deposition
6 whenever I asked this to be marked as Exhibit B. You
7 remember that happening, right?
8 A. Right.
9 Q. Counsel and I substituted that. We
10 agreed to substitute the nonmarked for the marked.
11 So you know that this is Exhibit B,
12 right?
13 A. Yes.
14 Q. So that would be a true statement?
15 A. Yes.
16 MS. PRETE: Objection. Form.
17 BY MR. BLEIL:
18 Q. If I were to say this is a copy of Time
19 Magazine that you're looking at, that would be false,
20 right?
21 A. Yes.
22 Q. So you appreciate the difference between
23 true and false statements?
24 A. Yes.
25 Q. How do you know that the Plaintiff was
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1 the holder of this Note and Mortgage whenever they
2 were lost?
3 A. It says so in our servicing system.
4 Q. How do you know when the Plaintiff became
5 the holder of it?
6 A. I don't know.
7 Q. Then how do you know if they were the
8 holder of it when it was lost?
9 A. That's what it says in our servicing
10 system.
11 Q. So you're relying on that information in
12 that servicing system again, right?
13 A. Yes.
14 MS. PRETE: Objection. Asked and
15 answered.
16 BY MR. BLEIL:
17 Q. You're relying on that information to
18 find out whether they were the holder of the Note.
19 Where would you look in that computer
20 system to find out if they were the holder when it
21 was lost?
22 A. In the servicing system.
23 Q. Do you know if this particular Note was
24 lost?
25 A. It says so in the servicing system.
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1 Q. How do you know that? You have a
2 recollection of looking in the servicing system in
3 this case and it said lost Note?
4 A. Or something like that.
5 Q. Something like that. And you can
6 remember that sitting here today that it said that?
7 A. It's in here.
8 Q. I'm not asking if it's in here. You can
9 remember sitting and looking at that particular
10 screen capture whenever you signed the Affidavit and
11 it said Note lost?
12 MS. PRETE: Objection. Form.
13 THE WITNESS: No, I don't remember the
14 exact moment.
15 BY MR. BLEIL:
16 Q. Do you remember if it said Mortgage lost?
17 MS. PRETE: Objection. Form.
18 THE WITNESS: No, I don't.
19 BY MR. BLEIL:
20 Q. It says here that "The Mortgage attached
21 as Exhibit A is a true copy of that lost or destroyed
22 document."
23 That's what it says there, right?
24 A. Yes, that's what it says.
25 Q. How do you know that statement is true?
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1 A. I don't know.
2 Q. What don't you know?
3 A. Whether that statement is true.
4 Q. Well, if I might ask, you leafed through
5 this document before when we were looking for an
6 Assignment, right? Do you remember doing that
7 earlier?
8 A. Yes.
9 Q. Can you leaf through there and find
10 Exhibit A for me? I might be able to make it a
11 little bit easier for you. I'm not asking you a
12 trick question. I think if you turn two pages ahead
13 from where we are I think you might see Exhibit A. I
14 mean, from where we were in the Complaint.
15 Have you seen this before?
16 A. Yes.
17 Q. Was this attached to the Complaint when
18 you looked at it?
19 A. Yes.
20 Q. Because you said earlier that you printed
21 out the Complaint from the computer system, right?
22 A. I did.
23 Q. And you printed out something like twenty
24 some pages here, right? You printed all that out and
25 you looked at it when you signed the Affidavit?
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1 A. Yes.
2 Q. How long did it take you to look at all
3 this stuff?
4 A. I don't know.
5 Q. Well, didn't you testify you signed an
6 Affidavit some time last week?
7 A. An Affidavit?
8 Q. Yes. An Affidavit, right.
9 A. Any Affidavit?
10 Q. Did you sign any Affidavits of
11 Indebtedness last week?
12 A. I'm sure I did.
13 Q. And for each of those Affidavits did you
14 look at the Complaint?
15 A. Yes.
16 Q. How long does it take you to look through
17 a Complaint?
18 A. I don't know.
19 Q. Well, give me a ballpark.
20 A. I don't know. They're all different.
21 Q. Well, how do you know that what was
22 attached here as Exhibit A is a true copy of that
23 lost or destroyed document?
24 A. I don't know if it's true. It's the
25 document we have. It's a document we have a copy of.
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1 Q. Because you never saw the original paper
2 Mortgage, right?
3 A. I don't know.
4 Q. Did you see the original paper Mortgage
5 in this case?
6 A. I don't know.
7 Q. Did you look at it when you signed your
8 Affidavit?
9 A. A copy.
10 Q. So you looked at a copy of it?
11 A. Yes.
12 Q. Where did that copy come from?
13 A. From our servicing system.
14 Q. This is the same servicing system you
15 talked about leafing through pages before, right?
16 A. Right.
17 Q. So are there exact screen duplicates of
18 this Mortgage in your servicing system?
19 A. Yes.
20 Q. Did you look through all sixteen pages of
21 it?
22 A. Yes.
23 Q. How do you know that that was an exact
24 copy of the one that was lost?
25 A. It's the only one we have.
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1 Q. It's the only one you have. But how do
2 you know it's an exact copy?
3 MS. PRETE: Objection. Asked and
4 answered.
5 BY MR. BLEIL:
6 Q. You can answer.
7 A. It's the only copy we have.
8 Q. But how do you know that that's a copy of
9 what was signed at the closing in 2006?
10 MS. PRETE: Objection. Asked and
11 answered.
12 THE WITNESS: That's all we have.
13 BY MR. BLEIL:
14 Q. It might be all you have. But I'm asking
15 how you know it's a true copy.
16 Do you know if it's a true copy of what
17 was signed at the closing in 2006?
18 A. Based on what we have.
19 Q. But the original is lost, right?
20 MS. PRETE: Objection. Form.
21 BY MR. BLEIL:
22 Q. The original Mortgage was lost?
23 A. I believe so.
24 Q. Why else would there be a count In here
25 to reestablish a lost Mortgage?
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1 A. I don't know.
2 MS. PRETE: Objection. Calls for a legal
3 conclusion.
4 BY MR. BLEIL:
5 Q. Because if you had the Mortgage you
6 wouldn't have to reestablish. That's a common sense
7 thing, right?
8 MS. PRETE: Objection. Form.
9 THE WITNESS: Okay.
10 BY MR. BLEIL:
11 Q. Do you have any idea why someone would
12 try to reestablish something that they have?
l3 MS. PRETE: Objection. Form.
14 THE WITNESS: No.
15 BY MR. BLEIL:
16 Q. Because it's kind of counterintuitive.
17 If you have the original, you don't have to
18 reestablish it, right?
19 MS. PRETE: Objection. Form.
20 THE WITNESS: I don't know.
21 BY MR. BLEIL:
22 Q. You don't have to use the copy. You
23 would use the original, wouldn't you?
24 A. I don't know.
25 Q. What don't you know?
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1 A. Whether you use the original or the copy.
2 Q. Do you have any idea why this count is in
3 this lawsuit?
4 MS. PRETE: Objection. Calls for a legal
5 conclusion.
6 THE WITNESS: No, I don't.
7 BY MR. BLEIL:
8 Q. Well, this sentence here, number 19,
9 reads "The persons named in the Complaint are the
10 only persons known to Plaintiff who are interested
11 for or against such reestablishment."
12 How do you know that sentence is true?
13 A. I don't know. I'm not an attorney.
14 Q. What don't you know?
15 A. Whether that statement is true.
16 Q. Miss Bailey, I want to turn your
17 attention to Exhibit A here. This is attached to the
18 Complaint.
19 You testified earlier that you looked at
20 this Mortgage document?
21 A. Yes.
22 Q. But you don't remember how long it takes
23 you to look at the Mortgage document when you sign
24 Affidavits of Indebtedness, right?
25 A. No.
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1 Q. And you don't remember how many
2 Affidavits you sign a day?
3 MS. PRETE: Objection. Asked and
4 answered.
5 THE WITNESS: No.
6 BY MR. BLEIL:
7 Q. I'm going to draw your attention to the
8 first page here.- Down on the bottom or near the
9 bottom it's got something there that looks like (D)
10 and then it says "Lender is People's Choice Home
11 Loan, Inc."
12 Do you know what People's Choice Home
13 Loan, Inc., is?
14 A. No.
15 Q. Do you know what they're in the business
16 of doing?
17 A. No.
18 Q. Did you ever work for People's Choice
19 Home Loan, Inc.?
20 A. No.
21 Q. Do you know if they're even doing
22 business now?
23 A. I don't know.
24 Q. Do you know what their line of work is?
25 MS. PRETE: Objection. Asked and
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1 answered.
2 THE WITNESS: No.
3 BY MR. BLEIL:
4 Q. Do you know where they're located?
5 MS. PRETE: Objection. Asked and
6 answered. She doesn't know who they are.
7 THE WITNESS: No.
8 BY MR. BLEIL:
9 Q. Do you know who the originator of this
10 Mortgage is?
11 A. No.
12 Q. But you signed Assignments, right, for
13 MERS? You've done that before, right?
14 A. Yes, I have.
15 Q. Do you know if you ever signed any
16 Assignments that go from an originator to a
17 subsequent -- you mentioned like from a so-and-so to
18 so-and-so, right?
19 A. I don't know.
20 Q. Do you know what an originator of a loan
21 is?
22 MS. PRETE: Objections. Call for a legal
23 conclusion.
24 THE WITNESS: No.
25 BY MR. BLEIL:
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1 Q. Miss Bailey, you've been in the mortgage
2 business for thirty years and you don't know what an
3 originator of a loan is?
4 MS. PRETE: Objection. Asked and
5 answered.
6 THE WITNESS: No.
7 MS. PRETE: I'm sorry. Could we take a
8 quick break again?
9 MR. BLEIL: Sure. We can definitely take
10 a break.
11 (Thereupon, a brief recess was taken,
12 after which the following proceedings were had:)
13 BY MR. BLEIL:
14 Q. I think when we stopped, Miss Bailey, we
15 were looking at Exhibit A in that Mortgage. I think
16 we were talking about People's Choice Horne Loan and
17 you said you don't know who they were. You kind of
18 remember where we were at, right?
19 A. Yes.
20 Q. Can you look through this Exhibit A and
21 can you tell me if there's a Note here, a copy of a
22 Note?
23 A. I don't think I see one.
24 Q. When you looked through some of the
25 documents, you saw an Adjustable Rate Rider, right,
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1 and a Planned Unit Development Rider. Do you
2 remember seeing those in there?
3 A. Yes.
4 Q. But you don't see a copy of the Note?
5 A. I don't see a copy of the Note.
6 Q. Now, you testified that you look at this
7 Mortgage, or a copy of it, whenever you sign the
8 Affidavit, right?
9 A. Yes.
10 Q. And you particularly looked at this
11 particular Note and Mortgage?
12 A. Yes.
13 Q. When you signed the Affidavit, was this
14 Mortgage attached to the Complaint?
15 A. I don't know.
16 Q. Because I'm kind of looking here. If we
17 look back at Count II, we look at reestablishment of
18 Lost Note and Mortgage.
19 Do you remember if you saw a Note when
20 you were looking at this attachment to the Complaint
21 when you signed the Affidavit?
22 A. Say that again.
23 Q. First of all, maybe I should back up a
24 second here.
25 Was this Exhibit A attached to the
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1 Complaint that you reviewed?
2 A. I don't remember if it was attached. I
3 remember reviewing it.
4 Q. So when you look back at Paragraph 19 of
5 the Complaint when you say Mortgage attached as
6 Exhibit A is a true copy of that lost or destroyed
7 copy, you don't remember if anything was attached to
8 the Complaint, do you?
9 MS. PRETE: Objection. Form.
10 THE WITNESS: I remember reviewing the
11 Mortgage along with the Complaint. I don't
12 know if it was attached.
13 BY MR. BLEIL:
14 Q. Why would you say it was true that the
15 Mortgage was attached if you can't remember if it was
16 or not?
17 MS. PRETE: Objection. Form.
18 THE WITNESS: I remember reviewing the
19 Mortgage.
20 BY MR. BLEIL:
21 Q. But you don't remember if it was
22 attached?
23 A. I don't remember.
24 Q. Do you remember looking at a Note?
25 A. I don't remember.
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1 Q. Well, looking at Exhibit A I see MERS
2 here again. And Ie) it says here "MERS is Mortgage
3 Electronic Registration Systems, Inc. MERS is a
4 separate corporation that is acting as a nominee for
5 Lender and Lender's successors and assigns."
6 As a secretary of MERS, do you know what
7 it means for MERS to act an nominee for Lender and
8 Lender's successors or assigns?
9 A. No.
10 Q. Did you ever ask anybody what that means?
11 A. No.
12 Q. Did you ask your supervisor about it?
13 A. No.
14 Q. Did you ever pick up the phone and try to
15 call someone at MERS and ask why are you guys here on
16 this Mortgage?
17 A. No.
18 Q. Did you ever think to call them and say:
19 Hey, I think you're a Defendant in this lawsuit, you
20 might want to know it?
21 MS. PRETE: Objection. Form.
22 THE WITNESS: No.
23 BY MR. BLEIL:
24 Q. And you didn't mention anything to your
25 boss about MERS being a Defendant here, did you?
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1 MS. PRETE: Objection. Form.
2 THE WITNESS: No.
3 BY MR. BLEIL:
4 Q. It didn't seem strange to you at all that
5 MERS was a Defendant in a lawsuit?
6 MS. PRETE: Objection. Form.
7 THE WITNESS: No.
8 BY MR. BLEIL:
9 Q. What is a defendant?
10 MS. PRETE: Calls for a legal conclusion.
11 THE WITNESS: I don't know.
12 BY MR. BLEIL:
13 Q. You don't know what a defendant is?
14 A. No.
15 Q. Do you know who the Defendant in this
16 lawsuit is?
17 A. I don't know the legal term. It's right
18 here. The Defendant is Joyce Austin.
19 Q. And there are some others?
20 A. And some other people.
21 Q. And you see where MERS is listed as a
22 Defendant in this lawsuit?
23 A. Yes, I see that.
24 Q. You never thought: Boy, isn't that
25 strange that MERS is a Defendant and signing all the
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1 Assignments for them?
2 MS. PRETE: Objection. Form.
3 THE WITNESS: No.
4 BY MR. BLEIL:
5 Q. I want to jump back to your Affidavit for
6 a minute. When you signed this Affidavit, Miss
7 Bailey, that we marked as Defendant's Exhibit A, did
8 you swear to this Affidavit under oath?
9 A. No.
10 Q. Look here at the last page. Did you sign
11 this Affidavit in front of a notary?
12 A. Yes.
13 Q. Who was the notary on this?
14 A. Monica Hardaway.
15 Q. Do you know Monica?
16 A. Not personally, no.
17 Q. Can you describe what she looks like?
18 MS. PRETE: Objection. Relevance.
19 THE WITNESS: No.
20 BY MR. BLEIL:
21 Q. I would say from the name we can presume
22 she is a woman. Would you agree with me there?
23 A. Yes.
24 Q. Have you seen Monica?
25 A. Yes.
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1 Q. What does she look like? Give me a
2 general physical description of her.
3 A. A woman, tall woman.
4 Q. Does she wear glasses?
5 A. I don't remember.
6 MS. PRETE: Objection. Form.
7 BY MR. BLEIL:
8 Q. When was the last time you saw Monica?
9 A. I don't remember.
10 Q. Was it last week?
11 MS. PRETE: Objection. Form.
12 THE WITNESS: I don't know. I don't
13 remember.
14 BY MR. BLEIL:
15 Q. So it could have been last week?
16 MS. PRETE: Objection. Asked and
17 answered.
18 THE WITNESS: I don't remember.
19 BY MR. BLEIL:
20 Q. I want to get into a little bit about how
21 these notaries are done.
22 Where were you when you signed this
23 Affidavit? Let me rephrase that. Where were you
24 siting when you signed this Affidavit?
25 A. At my desk.
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1 Q. Where was Monica?
2 A. At my desk.
3 Q. Did Monica say anything to you?
4 MS. PRETE: Objection. Form. Rephrase.
5 THE WITNESS: I don't know what you mean
6 by that.
7 BY MR. BLEIL:
8 Q. You're sitting there at the desk signing
9 the Affidavit. On this day do you remember if Monica
10 was conversing with you at all?
11 A. I don't remember.
12 Q. Do you know if Monica swore you under
13 oath?
14 A. No.
15 Q. She didn't swear you under oath?
16 A. No. You have to show ID.
17 Q. But it says here "Sworn to and subscribed
18 before me this 16th day of December 2008, personally
19 known to me."
20 Do you know if you have to show
21 identification to a notary if you're personally known
22 to them?
23 MS. PRETE: Objection. Form.
24 THE WITNESS: I had to show her ID.
25 BY MR. BLEIL:
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1 Q. You had to show her ID. You showed her
2 your ID?
3 A. Yes.
4 Q. And did she put you under oath? Did she
5 swear you at all when you signed this Affidavit?
6 A. Not that I remember.
7 Q. You don't remember. Well, has Monica
8 ever notarized any other Affidavits of Indebtedness
9 for you?
10 A. Yes.
11 Q. When was the last time she did?
12 A. I don't remember.
13 Q. Do you remember the last time you saw
14 Monica?
15 A. No, I don't.
16 MS. PRETE: Objection. Form.
17 BY MR. BLEIL:
18 Q. Do you know who Monica works for?
19 A. Litton.
20 Q. How do you know that?
21 A. She wears a Litton badge.
22 Q. SO if she has a Litton badge you figure
23 she works for Litton, right?
24 MS. PRETE: Objection. Form.
25 BY MR. BLEIL:
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1 Q. Do you know what Monica's position is at
2 Litton Loans?
3 A. No.
4 Q. Is she a foreclosure specialist?
5 MS. PRETE: Objection. Form.
6 THE WITNESS: I don't know.
7 BY MR. BLEIL:
8 Q. So she could be a foreclosure specialist
9 at Litton Loans?
10 A. I don't know.
11 Q. But you know she works there?
12 A. I know she's a notary.
13 Q. I thought you also said you know she
14 works there because she has a badge?
15 A. Yes.
16 Q. So when you made this Affidavit did
17 Monica put you under oath or not?
18 A. I don't remember.
19 Q. Does Monica ever put you under oath when
20 you sign Affidavits?
21 A. I don't remember.
22 Q. Because you don't remember the last time
23 you signed one?
24 MS. PRETE: Objection. Form.
25 THE WITNESS: I don't remember the date.
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1 BY MR. BLEIL:
2 Q. But do you remember the month you signed
3 one?
4 A. No, I don't. I signed one on December
5 16, 2008 for sure.
6 Q. Have you signed any since then?
7 A. I'm sure I have.
8 Q. Upon what do you base that statement?
9 A. It's what I do.
10 Q. How many times do you sign an Affidavit
11 in the course of a week?
12 A. I don't know a number.
13 Q. Give me a ballpark.
14 A. I can't give you a ballpark.
15 Q. More than a hundred?
16 A. I don't know.
17 Q. So it could be more than a hundred?
18 A. I don't know.
19 Q. You don't know what?
20 A. I don't know how many I sign a week.
21 Q. What else do you do besides sign
22 Affidavits?
23 MS. PRETE: Objection. Asked and
24 answered.
25 THE WITNESS: That's what I do.
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1 BY MR. BLEIL:
2 Q. Give me a rundown of a regular day at
3 work. You corne into work and you don't have a time
4 clock. We talked about that, right?
5 A. Right.
6 Q. SO you show up for work and you?
7 A. Review Affidavits.
8 Q. All day long?
9 A. Yes.
10 Q. But you don't remember how many you
11 review a day?
12 A. No.
13 Q. How-long do you work?
14 A. Eight hours.
15 Q. Do you --
16 A. Seven hours.
17 Q. Seven hours. You probably take a little
18 lunch hour?
19 A. Yes.
20 Q. Everybody deserves a lunch. So you sign
21 Affidavits all day, right?
22 A. Yes.
23 Q. And you review Affidavits all day?
24 A. Yes.
25 Q. Do you know if there's an internal system
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1 that tracks some of the Affidavits that you sign on a
2 daily basis?
3 A. I don't know.
4 Q. Did you ever see Monica pullout a little
5 book and mark down everything she notarizes?
6 A. Yes.
7 Q. Do you know if she marked down that she
8 notarized an Affidavit for you?
9 A. Yes.
10 Q. How do you know that?
11 A. She has the book there.
12 Q. Does she write in that book with you
13 there when you sign Affidavits?
14 A. Yes.
15 Q. So, as far as you know, that book would
16 probably have every Affidavit that you signed and
17 Monica notarized, right?
18 MS. PRETE: Objection.
19 Mischaracterization.
20 THE WITNESS: Yes.
21 BY MR. BLEIL:
22 Q. You see her mark down that information in
23 that book, right?
24 A. Yes.
25 Q. Did you ever see her notarize something
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1 and didn't mark it down in her notary book?
2 A. Don't remember.
3 Q. You don't remember her not doing that?
4 A. Yes, I don't remember her not doing it.
5 Q. So she kind of did it every time she came
6 to notarize?
7 A. Yes.
8 Q. So, as far as you know, that notary book
9 probably would be a pretty good record of what she
10 notarized, right?
11 MS. PRETE: Objection. Form.
12 THE WITNESS: I don't know.
13 BY MR. BLEIL:
14 Q. Do you have any reason to believe it
15 would be a bad record?
16 MS. PRETE: Objection. Form.
17 THE WITNESS: Bad?
18 BY MR. BLEIL:
19 Q. You don't have any reason to believe that
20 Monica would falsify her notary book?
21 MS. PRETE: Objection. Form.
22 THE WITNESS: No.
23 BY MR. BLEIL:
24 Q. Has she ever lied to you?
25 MS. PRETE: Objection. Form, relevance.
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1 THE WITNESS: I don't know.
2 BY MR. BLEIL:
3 Q. Did you ever catch her in a lie?
4 MR. PRETE: Objection. Relevance.
5 THE WITNESS: No.
6 BY MR. BLEIL:
7 Q. Did you ever converse with Monica?
8 A. No.
9 Q. Does she ever say anything to you?
10 A. Hello.
11 Q. She said hello. Okay. So Monica says
12 hello to you. How long have you known Monica?
13 A. I really don't know. Since 2008 for
14 sure.
15 Q. Because you're looking at this Affidavit,
16 right?
17 A. Yes.
18 Q. Does Monica still notarize affidavits for
19 you?
20 A. Yes.
21 Q. From at least December '08 to when, last
22 week?
23 Yes. A.
Q. 24 And besides saying hello has Monica ever
25 said anything else to you?
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1 MS. PRETE: Objection. Asked and
2 answered.
3 THE WITNESS: No.
4 BY MR. BLEIL:
5 Q. Has she ever said your name?
6 A. I think not.
7 Q. Do you know if Monica has the ability to
8 vocalize?
9 MS. PRETE: Objection.
10 THE WITNESS: I don't know.
11 BY MR. BLEIL:
12 Q. You don't know if Monica --
13 A. Yes, because she says hello.
14 MS. PRETE: Objection. Form.
15 BY MR. BLEIL:
16 Q. So when you sign these Affidavits you
17 sign them one at a time, right?
18 A. Yes.
19 Q. Does Monica sit with you when you sign
20 them one at a time?
21 A. Yes.
22 Q. So Monica sits with you all day in your
23 office?
24 MS. PRETE: Objection. Form.
25 THE WITNESS: No. When I'm ready to
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1 sign.
2 BY MR. BLEIL:
3 Q. When you're ready to sign what happens?
4 A. Monica will corne over and sign.
5 Q. When do you usually sign your Affidavits,
6 is there a time of the day?
7 A. No.
8 Q. How does Monica know to corne in your
9 office?
10 A. I'll let her know.
11 Q. How do you let her know?
12 A. I say I'm ready to sign.
13 Q. Do you pick up a phone?
14 A. Sometimes.
15 Q. When would you not pick up a phone?
16 A. When I just go over there and say I'm
17 ready.
18 Q. Where is Monica located in relation to
19 your office?
20 A. Around the corner.
21 Q. So sometimes you'll pick up the phone and
22 say Monica corne on over, I'm going to sign some
23 Affidavits, and she says okay?
24 MS. PRETE: Objection. Asked and
25 answered.
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1 THE WITNESS: I don't know what she says
2 but she's corning.
3 BY MR. BLEIL:
4 Q. Does she say anything besides hello?
5 MS. PRETE: Objection. Asked and
6 answered.
7 THE WITNESS: I don't know. I don't know
8 anything specific.
9 BY MR. BLEIL:
10 Q. I'm not asking for anything specific.
11 A. I don't know then. I don't know.
12 Q. Does she ever say good morning?
13 MS. PRETE: Relevance.
14 THE WITNESS: I don't know. I think so.
15 MS. PRETE: Where are we going with this?
16 BY MR. BLEIL:
17 Q. You've known Monica at least since
18 December '08, right?
19 A. Right.
20 Q. And we're in May?
21 A. Right.
22 Q. Can you remember any particular words
23 that she said to you besides hello?
24 A. No.
25 MS. PARSONS: Objection. Relevance.
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1 MS. PRETE: Objection.
2 MR. BLEIL: For the record, there's only
3 person that runs it.
4 MS. PARSONS: I'm just wondering where
5 are we going with a conversation that they may
6 or may not have had?
7 MR. BLEIL: The thing is Miss Bailey has
8 known Monica and signed a number of
9 affidavits in a number of months.
10 MS. PRETE: That's fine. What is the
11 purpose?
12 MR. BLEIL: I'm trying to find out if
13 they have a conversation other than say hi to
14 each other.
15 BY MR. BLEIL:
16 Q. Miss Bailey, is there any reason why
17 Monica makes you provide identification?
18 MS. PRETE: Objection. Calls for a legal
19 conclusion.
20 THE WITNESS: I don't know.
21 BY MR. BLEIL:
22 Q. Well, have you ever signed any Affidavits
23 that say produce ID on them?
24 A. I don't know.
25 MS. PRETE: Objection. Relevance.
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1 BY MR. BLEIL:
2 Q. Have you ever had to produce your
3 driver's license to any other notary at Litton Loan?
4 A. Probably.
5 Q. Do you remember the last time you did
6 that?
7 A. No.
8 MS. PRETE: Objection. Relevance.
9 BY MR. BLEIL:
10 Q. How do you know you've ever done that if
11 you
12 A. I'm sure I have.
13 Q. On what do you base that statement that
14 you're sure?
15 A. Because there had been times when Monica
16 wasn't there.
17 Q. You said you were sure.
18 A. I said I probably have. I said I'm sure
19 I probably have.
20 Q. On what do you base that statement?
21 MS. PRETE: Asked and answered.
22 THE WITNESS: She may not have been
23 there. People go on vacation or sick.
24 MS. PRETE: I'm sorry. Where are we
25 going with the whole line of have you had a
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1 conversation?
2 MR. BLEIL: I find it interesting why the
3 notary would want identification.
4 MS. PRETE: It's a notarized form.
5 MR. BLEIL: Counsel, you know as well as
6 I, that we have seen a number of forms that say
7 personally known or produced identification and
8 all they said was hello. She doesn't have
9 anything else. I mean, I'm trying to find out
10 how -- maybe I should ask the notary how she
11 knows.
12 MS. PRETE: Maybe you should ask the
l3 notary.
14 MR. BLEIL: I think I should.
15 MS. PRETE: You've exhausted the
16 questions at this point.
17 MR. BLEIL: She doesn't know.
18 MS. PRETE: I think you've gotten all the
19 information out of her about the notary that
20 you're going to get at this point.
21 BY MR. BLEIL:
22 Q. Miss Bailey, does Monica ever say you are
23 hereby swearing and testifying and affirming that the
24 stuff in this Affidavit is true and correct? Does
25 she put you under oath and swear you?
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1 A. No.
2 Q. Well, you've seen those things in the
3 courtroom on television where they have the witness
4 stand up and say: I swear to tell the truth, the
5 whole truth, and nothing but the truth; you've seen
6 that before, right?
7 A. Yes.
8 Q. Does-Monica ever say anything like that
9 to you?
10 A. No.
11 MS. PRETE: Asked and answered.
12 BY MR. BLEIL:
13 Q. She doesn't swear you?
14 A. Not in that form.
15 Q. What form would she swear you in?
16 A. I don't know.
17 Q. Does she say anything to you when you
18 sign these Affidavits?
19 MS. PRETE: Objection. Relevance.
20 THE WITNESS: No.
21 BY MR. BLEIL:
22 Q. So you don't know if she puts you under
23 oath or not?
24 A. No, I don't know.
25 MS. PRETE: Objection.
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I BY MR. BLEIL:
2 Q. Do you have an idea of what I'm saying?
3 A. An oath to me is swearing on the Bible.
4 I'm not putting my hand on a Bible, not raising my
5 right hand. That's an oath to me. No, I'm not doing
6 that.
7 Q. What is she doing when you're signing?
8 A. . She's watching me sign.
9 Q. She is watching you sign them?
10 A. Right.
11 Q. She doesn't put you under oath; she
12 doesn't swear you?
13 A. Not that I know of.
14 Q. Would you know if she said something like
15 swearing you in?
16 MS. PRETE: Objection. Asked and
17 answered. I think she's answered the question,
18 counselor.
19 THE WITNESS: Not that I know of.
20 BY MR. BLEIL:
21 Q. Well, looking back here at the front of
22 this Affidavit, Miss Bailey, it says "Before me"
23 you see where I'm at, right? " ... personally
24 appeared, the Affiant."
25 Would you agree that is you?
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1 A. Yes.
2 Q. " .. . who, being duly sworn, deposes and
3 says, upon personal knowledge that:"
4 Why would it say in the Affidavit that
5 you're being duly sworn if you don't know if you've
6 been duly sworn?
7 A. I can't answer that.
8 Q. Did you ever ask the notary why that's
9 there?
10 A. No.
11 Q. Did you ever say to your boss -- what was
12 her name? Did you ever say: Hey, Debra, what does
13 this mean here saying that I'm being duly sworn,
14 deposes and says?
15 MS. PRETE: Objection. Asked and
16 answered, relevance.
17 THE WITNESS: No.
18 BY MR. BLEIL:
19 Q. You never asked her about that?
20 MS. PRETE: Objection. Relevance.
21 THE WITNESS: No.
22 BY MR. BLEIL:
23 Q. Do you know what this Affidavit is used
24 for?
25 A. In a foreclosure action.
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1 Q. Do you know what it does in a foreclosure
2 action?
3 A. No.
4 Q. How long have you been signing Affidavits
5 of Indebtedness on behalf of Litton Loans?
6 MS. PRETE: Objection. Asked and
7 answered.
8 THE WITNESS: About twelve years.
9 BY MR. BLEIL:
10 Q. And you have no idea what this Affidavit
11 of Indebtedness is used for in a foreclosure action?
12 MS. PRETE: Objection. Asked and
13 answered, relevance.
14 THE WITNESS: I'm not an attorney.
15 BY MR. BLEIL:
16 Q. Did you ever ask your attorney what it
17 is?
18 MS. PRETE: Objection. Asked and
19 answered.
20 THE WITNESS: No.
21 BY MR. BLEIL:
22 Q. You never asked your boss, right?
23 MS. PRETE: Objection. Asked and
24 answered.
25 THE WITNESS: No.
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1 BY MR. BLEIL:
2 Q. And you never even asked the notary what
3 it is?
4 MS. PRETE: Objection. Asked and
5 answered.
6 THE WITNESS: No.
7 BY MR. BLEIL:
8 Q. Did you ever ask a coworker?
9 A. No.
10 MR. PRETE: Objection. Relevance.
11 BY MR. BLEIL:
12 Q. Why do you sign these Affidavits?
13 A. That's my job.
14 Q. To sign Affidavits?
15 A. Yes.
16 MR. PRETE: Objection. Asked and
17 answered, relevance.
18 BY MR. BLEIL:
19 Q. Do you understand with your signing this
20 Affidavit you're saying that everything in the
21 Affidavit is true and correct?
22 A. Yes.
23 Q. Do you understand that whenever you're
24 signing this Affidavit you're saying everything in
25 this lawsuit is true and correct?
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1 A. Yes.
2 Q. You take your responsibilities at Litton
3 Loans pretty seriously, I imagine, right?
4 MS. PRETE: Objection. Form.
5 THE WITNESS: Yes.
6 BY MR. BLEIL:
7 Q. Have you ever had a disciplinary action
8 against you at Litton Loan for employment reasons?
9 A. No.
10 Q. You regularly show up on time, right?
11 MS. PRETE: Objection. Relevance.
12 THE WITNESS: Yes.
13 BY MR. BLEIL:
14 Q. During the deposition today, Miss Bailey,
15 it seemed like there were a lot of things you don't
16 know. Would you agree with me?
17 MS. PRETE: Objection. Form.
18 THE WITNESS: Yes.
19 BY MR. BLEIL:
20 Q. How can you sign an Affidavit of
21 Indebtedness for u.S. Bank National Association as
22 Successor to LaSalle Bank National Association, as
23 Trustee for the C-Bass Mortgage Loan Asset-Backed
24 Certificates, Series 2007-CB5, and know so little
25 about what you do?
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1 MS. PRETE: Objection. Form.
2 THE WITNESS: I sign in accordance to
3 what's on our servicing system.
4 BY MR. BLEIL:
5 Q. And you don't ask any questions about
6 what you sign?
7 MS. PRETE: Objection. Form, asked and
8 answered.
9 THE WITNESS: Not always.
10 BY MR. BLEIL:
11 Q. So you've asked some questions then?
12 MS. PRETE: Objection.
13 Mischaracterization of witness's testimony.
14 BY MR. BLEIL:
15 Q. What kind of questions have you asked
16 about these Affidavits?
17 A. I don't know.
18 Q. How do you know you've asked questions if
19 you don't know?
20 A. Just common sense. It has to be a
21 question.
22 Q. Can you remember any questions you ever
23 asked at Litton Loan about these Affidavits?
24 A. No.
25 Q. Can you remember ever asking anyone at
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1 U.S. National Bank Association about these
2 Affidavits?
3 MS. PRETE: Objection. Asked and
4 answered.
5 THE WITNESS: No.
6 BY MR. BLEIL:
7 Q. Do you remember ever asking their
8 attorneys any questions about that?
9 MS. PRETE: Objection. Asked and
10 answered. She doesn't remember any specific
11 questions.
12 THE WITNESS: No.
13 BY MR. BLEIL:
14 Q. Are there other attorney firms that you
15 work with at Litton Loans?
16 A. Yes.
17 Q. Do you remember any of their names?
18 MS. PRETE: Objection. Relevance.
19 THE WITNESS: Yes.
20 BY MR. BLEIL:
21 Q. Can you name one?
22 A. I don't want to name one.
23 Q. It's not whether you want to or not. Can
24 you name one?
25 A. I can name Butler and Hosch.
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1 Q. I know. Both your lawyers are here.
2 You said you signed Affidavits for other
3 law firms. Can you name them?
4 MS. PRETE: Objection. Relevance.
5 THE WITNESS: I don't know if I can give
6 out other people's names.
7 BY MR. BLEIL:
8 Q. Unless your attorney directs you not to,
9 you're required to answer it.
10 A. Okay.
11 Q. What other law firms do you --
12 A. I can't think of the ones in Florida.
13 Q. They don't have to be in Florida.
14 A. I don't know.
15 Q. Well, a minute ago you said there were
16 more.
17 A. I can't think of their names.
18 Q. Can you remember where they are?
19 A. In all different states.
20 Q. You said not in Florida. Let's go
21 through them. Are they in Alabama?
22 A. Sure are.
23 MS. PRETE: Are we going to go --
24 MR. BLEIL: Maybe it will jog Miss
25 Bailey's memory.
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1 MS. PRETE: I doubt it.
2 MR. BLEIL: It may.
3 BY MR. BLEIL:
4 Q. Do you know if you signed them in
5 Arkansas?
6 A. I don't know.
7 MS. PRETE: I object to you stating every
8 single state.
9 THE WITNESS: I sign in different states.
10 BY MR. BLEIL:
11 Q. What different states? Do you remember
12 one?
13 MS. PRETE: She already answered she
14 signed in Florida.
15 BY MR. BLEIL:
16 Q. Any other states? What other states have
17 you signed in?
18 A. I don't remember.
19 Q. Do you know if it was Texas?
20 A. I'm pretty sure.
21 Q. Could it be California?
22 A. I'm pretty sure.
23 Q. SO now you're starting to remember a
24 little more, right?
25 A. No.
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1 MS. PRETE: Objection. Relevance. Where
2 are we going with this?
3 MR. BLEIL: She is being terribly
4 evasive, counsel. She frequently or
5 conveniently forgets. Miss Bailey doesn't know
6 much of anything.
7 MS. PRETE: Is there a specific question?
8 If so, ask Miss Bailey.
9 BY MR. BLEIL:
10 Q. Did you ever sign an Affidavit with the
11 State of Pennsylvania?
12 A. I'm sure I did.
13 Q. Upon what do you base the statement that
14 you're sure you signed Affidavits in the State of
15 Pennsylvania?
16 A. I signed them in just about every state.
17 Q. Can you remember a state that you don't
18 sign them in?
19 A. No, I can't.
20 MS. PRETE: Objection. Relevance. Is
21 there a purpose?
22 MR. BLEIL: You make the objection. The
23 rule is you make the objection.
24 MS. PRETE: Okay. That's fine. But
25 there's no reason for continuing to ask what
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1 state.
2 MR. BLEIL: If I say the state, it may
3 jog Miss Bailey's memory. She doesn't seem to
4 know anything about anything.
5 MS. PRETE: What has that to do with this
6 Affidavit? What does it have to do with this
7 case?
8 MR. BLEIL: I'm thinking the witness may
9 have some kind of a defect in memory or
10 medication.
11 MS. PRETE: The Order said you can ask
12 her what's within her Affidavit. Now you're
13 asking- her if she knows other attorneys from
14 fifty states. Is there a purpose for the
15 question?
16 MR. BLEIL: I'm trying to figure out her
17 position.
18 MS. PRETE: What position?
19 MR. BLEIL: You have the option, for the
20 record, if you want to cancel the deposition,
21 you can. You know what you can and can't do as
22 a lawyer and really that's for the Court to
23 rule on later as far as whatever. I'm really
24 frustrated here.
25 BY MR. BLEIL:
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1 Q. Miss Bailey, getting back to the
2 question. You worked for Litton Loan for seven
3 years. Can you tell me something that you do know
4 about this Affidavit of Indebtedness?
5 A. I signed it.
6 Q. You can tell me you signed it. Looking
7 at it can you tell me anything else about it?
8 Anything.
9 A. I'm not sure what that question means.
10 Q. It means can you tell me anything about
11 this Affidavit besides the fact that you signed it?
12 MS. PRETE: Objections. Form.
13 THE WITNESS: It's on paper.
14 BY MR. BLEIL:
15 Q. Okay. It's on paper. Can you tell me
16 anything else about it?
17 A. Do you want me to ask something?
18 MS. PRETE: Objection. Form.
19 BY MR. BLEIL:
20 Q. I'm asking you about it. Can you tell me
21 anything about this Exhibit A besides the fact that
22 you signed it and it's on paper?
23 A. It's true and correct.
24 Q. And upon what do you base the statement
25 that it's true and correct?
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1 A. Because I reviewed the servicing system,
2 and what I found in the servicing system is in the
3 Affidavit.
4 Q. But you said everything in the Affidavit
5 was true and correct, right?
6 A. To the best of my knowledge.
7 Q. No, it wasn't to the best of your
8 knowledge. I think you said it was true and correct?
9 A. Yes, true and correct, to the best of my
10 knowledge.
11 Q. You said you went through the Affidavit
12 and everything was true and correct. You remember
13 that part, right?
14 A. I don't know the terminology in them, but
15 it's in the servicing system and it's true and
16 correct.
17 Q. You understood when you signed that
18 Affidavit you were testifying everything in the
19 Affidavit was true and correct?
20 A. True and correct.
21 Q. You also appreciate the fact that
22 everything in the Complaint was true and correct,
23 right?
24 A. Yes.
25 MR. BLEIL: No further questions at this
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1 time.
2 MS. PRETE: No questions.
3 MR. BLEIL: Do you want to give her the
4 instruction?
5 MS. PRETE: Do you want to read? You
6 have the option to read or waive.
7 THE WITNESS: Read what?
8 MS. PRETE: The transcript.
9 THE WITNESS:Oh, no. I waive.
10
11 (Reading and subscribing waived.)
12
13 (Thereupon the taking of the deposition
14 was concluded)
15
16
17
18
19
20
21
22
23
24
25
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1
2 CERTIFICATE OF OATH
3
4 STATE OF FLORIDA
5 COUNTY OF MIAMI-DADE
6
7 I, the undersigned authority, certify that the
8 witness, DENISE MICHELLE BAILEY, personally appeared
9 before me on Monday, June 8, 2009, and was duly
10 sworn.
11
12 WITNESS my hand and official seal this 12th
13 day of June, 2009.
14
15
16
17
18
19 Robert I. Fingles
20 Notary Public - State of
21 Florida My Commission No.
22 DD674200.
23 Expires: July 2, 2011.
24
25
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1 REPORTER'S DEPOSITION CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF MIAMI-DADE
5
6 I, ROBERT I. FINGLES, Court Reporter,
7 certify that I was authorized to and did
8 stenographically report the deposition of DENISE
9 MICHELLE BAILEY; that a review of the transcript was
10 not requested; and that the transcript is a true and
11 complete record of my stenographic notes.
12
13 I further certify that I am not a relative,
14 employee, attorney, or counsel of any of the parties,
15 nor am I a relative or employee of any of the
16 parties' attorneys or counsel connected with the
17 action, nor am I financially interested in the
18 action.
19
20 DATED this 12th day of June, 2009
21
22
23
24
25 ROBERT I. FINGLES, CP
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2
1
2

3

APPEARANCES ERIN PRETE, ESQ., and DANIELLE N. PARSON, ESQ., of the firm of Butler & Hosch, 3185 South Conway Road, Suite E, Orlando, Florida 32812, on behalf of the Plaintiff. JOSH BLEIL, ESQ., of the firm of The Ticktin Law Group, P.A., 600 West Hillsboro Boulevard, Suite 220, Deerfield Beach, Florida 33441, on behalf of the Defendants.

4 5
6 7
8

9

10
11

12
13
I N D E X

14 15 Witness 16 Denise M. Bailey
3

Direct

Cross

17 18
E X H I BIT S 19 Defendant's 20 21 22 23 24 25 A B Affidavit Of Indebtedness Complaint 53
80

For Ident.

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3

1 2
3

Thereupon-DENISE MICHELLE BAILEY, was called as a witness by the Defendants and, having been first duly sworn, testified as follows: THE WITNESS:
I

4
5

do.

6 7
8

DIRECT EXAMINATION BY MR. BLEIL:
Q.

Miss Bailey, have you ever had your

9 10
11

deposition taken before? A. Q. I have. We are here for a deposition. Since

12 13 14 15 16 17 18 19 20 21 22 23 24 25

you've had your deposition taken before you probably know these things, but just some general housekeeping things makes it easier for our Court Reporter mostly. I'm going to be asking my questions verbally. If you don't understand a question the way

I've asked it, ask me to rephrase it because the last thing that I want or your attorneys want is for you to be guessing. If I have to make the question I'll be happy to try. Along

easier, or parse it out,

those lines, too, if I ask you a question and you answer it, I'm going to assume you understand it unless you tell me differently. A.
Q.

Okay. Also, Mr. Court Reporter is here taking
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4

1 2 3
4

down what we say.

That's a blessing and a curse.

He

takes down what we say, but he can't take down shrugs of the shoulder or nods of the head.

A. Q.

Okay. So I'm going to verbalize my questions

5

6 7 8 9 10 11 12 13 14 15 16 17 18 19

and I'll appreciate it if you verbalize your answers. Along those lines, too, I'm going to do

my best not to step on your answer because we all want to know what your answer is. a chance to ask my question, So if you give me

I'll do my best not to

step on your answer because as good as the Court Reporter is he can only take down one person talking at a time. A. It just makes it easier for everybody. That's right. If you need a bathroom break, or need to let me know. It's not as if We don't need

Q.

take a medication break,

we've got to be chained to our chairs.

to make it anymore uncomfortable than the temperature of the room already is. A. Q. Okay. With those basic housekeeping things,

20
21 22

could you please state your full name for the record? A. Q. Reporter?
VeritextlFlorida Reporting Co. Serving the State of Florida (305) 376-8800

23
24 25

Denise Michelle Bailey. Could you spell that for the Court

Zip Code. It is 4828 Loop Central Drive. Servicing? 7 8 A. Before we jump into the employment. Texas. Q. 2 3 4 Bailey. A. Q. A. where are you currently 5 6 Litton Loan Servicing. Veritext/Florida Reporting Co. Houston. Q. If I remember correctly. B-A-I-L-E-Y. D-E-N-I-S-E. A. employed? A. L-O-O-P. What is the address for Litton Loan Q. Q. Do you have any secondary education? No. What high school did you graduate from? Central Tech.5 1 A. 14 15 16 17 18 19 20 21 22 23 24 25 what's your educational background? A. Michelle. I don't remember the 9 10 11 Central Drive. Miss Bailey. school? A. M-I-C-H-E-L-L-E. Where is Central Tech located? Syracuse. Serving the State of Florida (305) 376-8800 . New York. What year did you graduate from high Q. '73. How long have you been working for Litton 12 13 Loan Servicing? A. I have a high school education. Q. Q. About twelve years.

6 1 2 3 4 5 Q. Going through some of your employment. Monitored the payment of annual premiums. I don't. 18 19 20 21 22 23 24 25 Q. Which loan servicing shop was that? It was at the time called United Savings. I don't. Q. I've been in the mortgage 10 11 12 13 14 15 business since '77. Texas. Insurance. A. A. A. Where was United Savings located? Houston. 9 Do you remember your second job? No. Did you have a title when you started off What did you do in 1977 in the mortgage 16 17 Q. Do you remember your first job? No. What did you do at the loan servicing shop as an insurance clerk? A. biz? A. 6 7 8 I've been in the mortgage business thirty-two years. Q. I should say? Did you get a job after you graduated high school? A. with the loan servicing shop? A. Q. Who would make those annual premium VeritextlFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . I was at a loan servicing shop. A. after you graduated high school where did you go to work or did you work. Insurance clerk. I did. Q. Q. Q. but I don't remember where it was.

7 8 at the loan servicing shop? A. Q. Maybe about fourteen.7 1 2 3 payments? A. I did not. Mortgagors. Did you have any other position when you 4 5 6 were with the loan servicing shop? A. Q. the exact. but I don't remember . Q. Do you remember the specific time you worked for collections? A. I don't remember the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 exact numbers of years.no. Serving the State of Florida (305) 376-8800 A number of years. I don't. Well. Do you remember how long you were there Q. Do you remember the length of time you worked for collections? A. I was there -. Q. Did you hold the insurance clerk title VeritextlFlorida Reporting Co. Q. Collections is part of it. Did you work as an insurance clerk for the entire fourteen years? A. No. I don't remember. but I don't remember all the positions I held at that time. do you remember any of the positions you held during the fourteen years you worked there? A. Q.

I don't other positions? A. Did you have a supervisor when you were 16 17 18 Q. No. Q. for collections? A. collections. 23 24 I did. Q. You remember that you were an insurance What did you do 4 5 6 7 8 9 clerk and you worked in collections. an insurance clerk? A. Serving the State of Florida (305) 376-8800 25 . A. Q.8 1 2 3 and a collections title simultaneously? A. Karen Lancaster. Q. No. remember. So you don't remember if you had any I don't remember offhand. but I don't remember her 19 20 21 22 working in the Collections Department? A. Q. So they were independent positions? Yes. I did. name. Do you remember that individual's name? I do. Called mortgagors for payments. A. Did you have a supervisor when you were Yes. 10 11 12 13 14 15 Any other positions you held in the fourteen years that you were working at the loan servicing shop? A. You were an insurance clerk. Q. Veritext/Florida Reporting Co. I don't.

do That was all I can remember Objection. Q. You don't have defects in your memory. What did you do when you were working for the loan servicing shop besides doing the insurance and the collection calls? MS. BLEIL: Q.9 1 Q. No. There's a little city in Pennsylvania 4 Q. for that fourteen years when you worked for the loan servicing shop? A. I don't know. BY MR. Were you at the same physical location Q. 25 Q. 5 called Lancaster. you. Just like it sounds. would affect your memory. Serving the State of Florida (305) 376-8800 . two different locations. Asked and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 any diagnosable memory issue? A. PRETE: answered. right? A. You're not under any medications that as we sit here today. THE WITNESS: from those years. No. Can you give me the first location? VeritextiFlorida Reporting Co. name? Do you remember how to spell Karen's last 2 3 Just like it sounds? A.

Q. I was not. Texas. little gap. Did you leave of your own volition? I did. I believe '91 or '90.10 1 2 3 4 5 6 7 A. Q. Do you remember the year you started 8 9 working for Mellon Mortgage? A. Q. VeritextlF101ida Reporting Co. Don't know the numbers. Yes. I don't remember. Southwest Freeway. Houston. Were you terminated? No. Serving the State of Florida (305) 376-8800 . I don't remember why I left that one. already have a job at Mellon Mortgage when you left loan servicing? A. I worked in claims. Did you have your job lined up or did you Q. Did you have a title when you started at I don't think so. A. Mellon Mortgage. Texas. What was the reason you left the loan 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. I think there was a Mellon Mortgage? A. Houston. Q. servicing shop? A. A. After you worked for the loan servicing shop did you find any other employment? A. The second location Ranchester Street. Q.

of? A. companies. Did you have any other positions when you were working at Mellon Mortgage besides that of a claims processor? A. Q. I can't remember his last name. Q. I did. but I don't months. Q. No. A. What did that position entail? Filing claims with mortgage insurance 2 3 4 Who did you file those claims on behalf 5 6 7 On behalf of the servicer. Serving the State of Florida (305) 376-8800 . remember how many. How many years did you work for Mellon VeritextIFlorida Reporting Co. Q. Claims.11 1 Q. A. 18 19 20 21 22 23 24 25 Q. I did. Customer service supervisor. Q. Do you remember if it was a number of a number of years? It was a number of years. Did you have a supervisor when you were 8 9 working for the Claims Department at Mellon Mortgage? A. Do you remember when you started your position as the customer service supervisor position? A. 10 His first name was Greg. I don't. Q. Claims processor. 11 12 13 14 15 16 17 Did you have a specific title when you first started working at Mellon Mortgage? A.

A. There was. what kind of things would you monitor? You mentioned. Q. what did 10 11 your duties entail? A. Like a standard operating or standard Q. When you were a customer service supervisor. Monitor calls. What kind of calls did you monitor? The calls between the service reps and Q. to make 12 13 sure that they were giving quality answers. Yes. What did you do as a customer service 4 5 6 7 supervisor? A. Serving the State of Florida (305) 376-8800 . When you monitored these calls. I think earlier. it was. Maybe about seven. A. VelitextiFlorida Reporting Co.12 1 2 3 Mortgage? A. something about giving the right answer or the correct answer. Q. You monitored them for quality. Was that quality established by some kind 14 15 16 of a written procedure? A. Q. 8 9 the mortgagors. something like that. 17 18 19 20 21 22 23 24 25 customer service procedures in place at Mellon Mortgage regarding the customer service end of it? A. What did that entail? People call in for tax questions. Q.

Q.13 1 2 3 4 insurance questions. I don't know. not necessarily the way that it was conveyed? A. Q. A. Serving the State of Florida (305) 376-8800 . It would depend on what 8 9 the question was. You mentioned giving the right answers. A. I'm trying 5 6 7 What would be a right or a wrong answer? to flush out what you did. we would transfer the call. question? A. If it didn't pertain to our department. Q. You would look it up on the system to see 18 19 20 21 22 if they were paid. Q. collections. Did you have any kind of involvement with 23 24 25 facilitating or abiding by the Fair Debt Collections Practices Act? VeritextIFlorida Reporting Co. Q. Correct. So you were more supervising the conveyance of information. Q. How would you ascertain if the question was right or wrong? A. It would depend on whether or not their What would be a standard question? Have my taxes been paid. And what would be a right answer to that 10 11 12 13 14 15 16 17 taxes were paid.

the calls. A. Q. As a customer service supervisor? Yes. FDCPA? But you know of that? I know of it now. yes. Back then part of your job was monitoring right? Yes. I don't remember when that became law. Yes. I don't remember. Serving the State of Florida (305) 376-8800 No. Q. Q. How many individuals did you supervise at .14 1 2 A. Yes. Q. today. You mean not in collections today or not Q. So if I use FDCPA in our deposition 9 10 11 12 13 14 15 16 17 you're going to understand that I'm referring to the Fair Debt Collections Practices Act? A. 18 19 20 21 22 23 24 25 supervisor did you hold any other positions at Mellon Mortgage? A. Q. 3 4 Q. Do you also know it goes by an acronym of 5 6 7 8 A. After you were a customer service A. I don't remember. in collections -- A. A. Back then. one time? Veritext/Florida Reporting Co. but I'm not in collections. Q.

Litton? I was offered a position at Litton. Reviewed foreclosure documents. Q. What was the reason you left your employ with Mellon Mortgage? A. Q. I don't know. Serving the State of Florida (305) 376-8800 . What position did they offer you at A. What job was that then? Litton. Do you remember when you started at 12 13 14 15 16 17 18 19 20 21 A. maybe ten. Yes. Foreclosure supervisor. If I recall. incoming calls. assigned loans to attorneys. Q. Q. Do you know if any of those telephone 6 7 conversations were ever recorded? A. Q. These were essentially people taking 2 3 4 5 calls. Q. After you worked at Mellon Mortgage did 8 9 10 11 you get a different job after that? A. Q. Litton? Yes. A. What did you do as a foreclosure 22 23 24 25 supervisor at Litton Loan? A.15 1 A. Veritext/Florida Reporting Co. October '96. Q. right? A.

Do you know the ones for different There are different ones for different states. A referral 4 5 A. Q. A. You mentioned complaints. And that would corne from Litton Loan? Yes. Can you describe for me what i t is? A foreclosure complaint. What kind of You mentioned affidavits. states? A. Is i t your understanding that a 14 15 16 17 18 19 20 21 22 23 24 25 foreclosure complaint could also be called a lawsuit? A. Veritext/Florida Reporting Co. Q. What kind of foreclosure documents did 2 you review? 3 A. What is a A. 6 7 8 package to an attorney. There's different ones for all different states. affidavits. referrals. Q. It can be. What do you mean when you say referrals? Referral to an attorney. Complaints. 12 13 complaint? A.16 1 Q. Q. affidavits did you review? A. Serving the State of Florida (305) 376-8800 . 9 10 11 employing you to handle Q. Q. What is a referral package? A letter that basically says we're th~sforeclosure. Q.

Do you know what -Affidavits of Merit. Serving the State of Florida (305) 376-8800 . you file in Texas. If your attorney make an objection. Q. she's Unless she instructs you not to made it the record. BLEIL: Objection. Q. PRETE: conclusion. Do you know if Texas requires any Q. VeritextIFlorida Reporting Co. What are-those? That's for the State of Texas. A. Let's go through some of those. That's 14 15 16 17 for a particular type of loan that a person makes. I'm But there's an application that 18 19 Do you have any idea why you file that in 20 21 22 23 24 25 Texas and nowhere else? MS. Did you ever review any affidavits in the for example? 5 6 7 State of Texas. BY MR. In Texas. no. But I don't know the ins and outs of the loan. Calls for a legal Q.17 1 Q. not a loan officer. There are different ones for homestead. I think 12 13 you mentioned homestead applications or homestead affidavits. 8 9 particular affidavits? A. Affidavits of 2 3 4 Judgment. A. 10 11 different types of homestead applications. A. Q.

2 3 4 5 6 7 Well. There could be. So do you have any idea what kind of affidavits you file in Florida? A. So the only one you know of is the Affidavit of Debt? A. Any other ones you can think of? That's the main one that I handle at 12 13 14 15 16 17 18 19 20 21 22 23 24 25 name them offhand. you can still answer the question. state. Q. what kind of affidavits are you aware of that you file? A. Q. In the State 8 9 10 11 of Florida. I do. yes. So there aren't any other affidavits that you know of that get filed? MS. PRETE: THE WITNESS: BY MR. there's different ones for every Do you want me to name them all? That would be helpful. A. Miss Bailey. Do you know of any other ones? There could be some more. Q.18 I answer. Litton. Q. but I can't Affidavit of Debt. Serving the State of Florida (305) 376-8800 . I thought you just told me before there's Veritext/Florida Reporting Co. Objection. Q. Yes. BLEIL: Q. A.

But. I couldn't name them. 13 14 Is it you couldn't name them or you don't 15 16 17 know of them? A. VeritextiFlorida Reporting Co. 25 mixing it up here. THE WITNESS: BY MR. right? MR. I couldn't name them right now.19 1 2 3 4 a number of affidavits. PRETE: Objection. THE WITNESS: I couldn't name them. I handle Affidavits of Debt mostly in Florida. But I'm Not just 5 6 7 8 9 asking you do you know of any other ones? the ones you handle. Asked and 22 23 24 can't name them right offhand. But do you know of them? MS. Q. Miss Bailey. Asked and Q. right? A. But you know of other affidavits that are 18 19 20 21 in the State of Florida. Miss Bailey. PRETE: answered. 12 I couldn't name them. BLEIL: Q. Serving the State of Florida (305) 376-8800 . Q. BY MR. do you know of any other affidavits? A. BLEIL: Q. I appreciate that. 10 11 answered. I Objection. I think we're kind of I'm not asking you to name them.

they handle foreclosures. What does an assistant secretary of Litton Loan Servicing do? A. Do you know if other ones exist? A. They service mortgage loans. VeritextiFlorida Reporting Co. Q. Are you an officer of any corporations? I'm an assistant secretary at Litton -- of Litton Loan Servicing. Serving the State of Florida (305) 376-8800 . You keep giving me the response you can't name them. they collect payments. they pay the insurance. right? A. They pay 10 11 12 13 14 15 16 17 18 taxes. Is there anything else you do as an 19 20 21 22 23 24 25 assistant secretary of Litton Loan Servicing besides sign documents? A. They could. And I'm not asking you to name them. do Q. A. Q. Okay. What does Litton Loan Servicing do. Q. I thought you mentioned before that your title was a foreclosure supervisor at Litton Loan. Sign documents.20 1 2 3 4 5 6 7 I'm just asking you if you're aware of them. Q. Q. but I can't name them. 8 9 you know? A. A. When I started. No.

office? A. Where would that information be if you 21 22 23 had to look at it? A. Do you remember when you became an 6 7 assistant secretary? A. I don't remember the year.21 1 Q. Can you give me a ballpark of the date 12 13 14 15 16 17 18 19 20 I can't. Q. Q. Q. I'm still a foreclosure supervisor.it was not. Yes. Not with me. Is there anything that you might be able to look at to refresh your memory to give you an idea of when you did become that? A. and year? A. Do you know if it was when you started 8 9 10 11 with Litton Loan? A. Q. I'm 4 5 also an assistant secretary who can sign documents. Q. No. So you had a position after the 2 3 foreclosure supervisor? A. So it was some time in the interim? Right. A. Veritext/Florida Reporting Co. Q. Q. Serving the State of Florida (305) 376-8800 At our office. At Litton Loan's 24 25 . You say the office.

Serving the State of Florida (305) 376-8800 . Was there a 10 11 A. Q. I didn't mean to cut you off. So if we use that acronym MERS. right? A. 12 13 14 15 16 17 18 second part there? A. For Litton. 5 sign documents other than those on behalf of Litton Loan? A. No. Do you remember the last time you signed anything on behalf of MERS? A. Do you sign any other documents or do you Q. Q. I have.22 1 2 Q. Or you were going to say. Are you an officer of any other corporations? A. you're going to understand that I'm talking about the Veritext/Florida Reporting Co. I'm sorry. Q. you understand that that stands for the Mortgage Electronic Registration System. or -- 6 7 Everything I sign is for Litton Loan 8 9 Q. 23 24 25 Yes. Q. when Q. I'm sorry. I say MERS. Miss Bailey. Do you ever sign anything on behalf of MERS? A. 3 4 No. just for clarification. 19 20 21 22 Probably Friday.

and it's a the fifth would have been -Yes. 20 21 22 23 24 25 assignments of mortgages for MERS? A. Yeah. Assignments of mortgages? Yes. which would been the fifth of June? A. So before when I asked about the other VeritextiFlorida Reporting Co. A. A. 14 15 behalf of MERS? A. Q. Assignments. What kind of documents have you signed on 10 11 12 13 Monday. Q. Serving the State of Florida (305) 376-8800 . As assistant secretary. Q. Are you an assistant secretary of MERS? Yes. When you say Friday. Q. right? A. Q. A. Yes.23 1 2 Mortgage Electronic Registration System. Q. Q. you're talking about 7 8 9 the Friday preceding this deposition. Q. I don't remember. If today is the eighth. What was the last thing you signed for 3 4 5 6 MERS? A. Under what authority do you sign 16 17 18 19 A. And those would be assignments of? Mortgage. Q.

of MERS? A. I do. Do you know if there's any documents back in your office you might be able to look at and refresh your memory as far as when you became Veritext/Florida Reporting Co. I do not. You refreshed my memory. secretary of MERS? A. What was that position you hold with MERS I'm sorry. It was assistant? Assistant secretary. don't remember the last document. I do not. No. Q. Is there anything that you might be able to look at to refresh your memory that you brought here with you today? A. Q. but I sign a lot of assignments for MERS.24 1 2 3 4 companies that you were an officer in was there a reason you didn't mention MERS? A. You sign a lot of assignments on behalf Yes. Do you remember when you became assistant Q. is that why? A. again? A. No. Because you couldn't remember what you 5 6 signed last Friday on behalf of MERS. I The 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bulk of documents that I sign are assignments. I don't remember the last document. Q. Serving the State of Florida (305) 376-8800 . Q. Q.

Yes. I did not. 16 17 About thirty-two. 12 13 Q. A. Q. Serving the State of Florida (305) 376-8800 . much your entire working life. A. I was appointed assistant secretary. Q. A. How did you become an assistant secretary of Litton Loan? A. Are you an officer in any other corporation besides Litton Loan and MERS? VeritextIFlorida Reporting Co. I 2 3 4 5 6 7 did not. Did you ever ask anybody why? No. 10 11 No.25 1 assistant secretary for MERS? A. So you've got a pretty good Q. Thirty-two. Do you know why you would need to be an 8 9 assistant secretary of Litton Loan to sign documents? A. right? Yes. Q. Q. 18 19 20 21 22 23 24 25 grasp of what goes on with mortgages and debts and things like that. Did you have to sign anything indicating? No. Because you've been in this field pretty Q. right? A. There is. Q. I do not. I think you said earlier you've been 14 15 involved with the mortgage business for about twenty-five years? A.

I'm trying to figure out why you would be an assistant secretary of MERS but not get some kind of remuneration for it. Q. You're going to have to help me because 14 15 16 17 18 19 20 A. 8 9 10 11 example maybe that will help. Can we take a quick break? Sure. No. Does MERS pay you for what you do? No. after which the following proceedings were had:) VeritextIFlorida Reporting Co. BLEIL: MS. Right. Is there a reason? I wouldn't know what it is. Q. I think you testified that you signed some document last Friday on behalf of MERS. Serving the State of Florida (305) 376-8800 . If there is. right? A. Q. PRETE: (Thereupon. I didn't understand the question.26 1 A. Do you remember what physical address you 12 13 were in when you signed that? A. Q. Maybe if I hone in on one specific 5 6 7 A. where do you sign them at? A. Q. When you sign documents on behalf of 2 3 4 MERS. Litton Loan. a brief recess was taken. MR. Q. Physically? Yes. 21 22 23 24 25 A.

A. Did you ever ask anybody why? No. I work for Litton Loan. Because I work for Litton. No. kindness of your heart? A. You understand what an assignment of a mortgage is. 10 11 Q. Do you have any idea why i f you work for Q. But you just said you're an too. And you do that for MERS out of the 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Serving the State of Florida (305) 376-8800 . Right.27 1 2 3 4 BY MR. You subscribe or sign assignments on behalf of MERS for Litton? A. assistant secretary of MERS. Right. Q. right? You're an 5 6 7 8 9 Q. BLEIL: Q. right? Veritext/Florida Reporting Co. To execute assignments. for signing authority. why would you be an assistant secretary for MERS without receiving any payment from them? A. What's in your mind the distinction that you're an officer of MERS for signing authority? A. Q. No. Q. I do that for Litton. Common sense-wise. officer of MERS? A. Litton you're signing assignments for MERS? A.

Yes. I wouldn't know. How many assignments do you think you've signed on behalf of MERS? A. A. services. if she needs to. A. 14 15 16 17 18 19 20 21 22 23 24 25 you give your lawyer a second to make the objection.28 1 A. Q. Serving the State of Florida (305) 376-8800 . right? A. If you had to guess? I couldn't guess. if No. then she'll be able to make that objection. Q. PRETE: Objection. I know But if you give that second pause it will give your lawyer a chance to make her objection. do you? MS. Q. Miss Bailey. you and I are going at it pretty quick. just for clarity sake. You never get a check from MERS. assign it out of MERS to the note 2 3 4 5 6 holder. I don't need to know what amount. But 7 8 9 whenever you get a check it's got Litton Loan on there. SO Litton Loan pays you for your right? Correct. 12 13 answered. VeritextiFlorida Reporting Co. Right. BLEIL: Q. Asked and 10 11 Q. THE WITNESS: BY MR.

22 23 24 25 I don't have the document here. Are we talking a thousand? More than a thousand. 3 4 A. Q. Yes. Q. More than four? I couldn't tell you. But it's been a number of years? ·It's been a number of years. Q. 5 6 but I have no idea how many. How long have you been signing 7 8 assignments on behalf of MERS? A. Q. Who gave you the authority to sign on behalf of MERS? A. I don't know the exact number of years. More than a thousand. A. Q. Q. do you think? I wouldn't know. Is there anything you might be able to 9 10 11 A. Q. More than ten thousand. Would maybe something be in your office 18 19 20 21 that would indicate that? A. look at that you've got with you today to indicate how long you've been a signing secretary for MERS? A. But there's a document where someone gave you authority? A. 12 13 14 15 16 17 A. VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . No. Q.29 1 2 Q. There's a document.

4 5 6 7 Q. Serving the State of Florida (305) 376-8800 25 . How do you know sitting here today that it gave you authority to sign on behalf of MERS? A. No. Why wouldn't you need to call anybody? Why would I need to call them? 18 19 20 21 22 23 24 A. No. Q. Q. If you had to call someone about a 14 15 16 17 question on an assignment that you're signing for MERS. But 8 9 do you remember what it says? Q. who would you call? A. Q. Yes. but I don't have it here. I understand you don't have it here. But it's your understanding that that document gave you the ability to sign on behalf of MERS? 12 13 A.30 1 Q. I know it. I don't. No. I don't. anybody that you would call at MERS for some clarification? A. Q. So if you had a problem with one of your Veritext/Florida Reporting Co. I wouldn't need to call anyone. Q. Let's say you had an assignment and Is there something didn't quite look right on it. Do you remember anything that document 2 3 said or had in it? A. 10 11 Q.

A. A.31 1 2 3 4 assignments. Did you ever ask Debra about something you're signing on behalf of MERS? A. A. 9 Q. Q. 14 15 16 17 18 19 20 21 22 23 24 25 Loan? So if you had a question about something you would go ask you were signing on behalf of MERS. What's Debra's title? Vice president. A. Q. right? Q. Yes. what would you do with it? A. Serving the State of Florida (305) 376-8800 . you thought maybe I can't sign this because it doesn't look right. Debra. 10 11 12 13 don't know the exact number of years. Q. But a number of years. A. Q. A. Q. right? A. Vice president of? Foreclosures. How long has Debra been your supervisor? I 5 6 7 8 Q. No. Who is your manager? Debra Lyman. Take it to my manager. Do you know if Debra works for MERS? Don't know. A number of years. Do you know if Debra works for Litton VeritextiFlorida Reporting Co. Q.

Yes. 5 6 7 there everyday unless she was working for Litton. No. 19 A. Q. Yes. Were you there as a representative of A. I don't. right? A. Q. Q. You mentioned earlier that you had your Do you remember the last 8 9 10 11 deposition taken before. Do you remember having your deposition taken any other time before this year? A. I've had it taken before. Was i t regarding a foreclosure lawsuit? I don't remember i f it was a lawsuit. 12 13 14 Do you remember any of the times you had your deposition taken? A. do you remember that? A. I had one this year. but I don't remember 15 16 17 18 when. 20 21 22 23 24 25 Litton. How do you know that? I see her everyday. Q. I was. Q. I don't Veritext/Florida Reporting Co. Do you know what state that was in? I was in Texas. That's right. time you had your deposition taken? A. It would be kind of strange for her to be 3 4 Q. Q.32 1 2 A. Q. A. Serving the State of Florida (305) 376-8800 .

Q. Was i t for a mortgage case? Related foreclosure. Right.33 1 2 remember when. Q. Serving the State of Florida (305) 376-8800 No. Q. VeritextiFiorida Reporting Co. What other departments do they have at at Litton Loan? A. No. How do you know there's a Tax Department? There's a Tax Department in the . Do you know what the Tax Department does Yes. A. Q. 12 deposition taken in a family law matter. Litton Loan? A. Do you remember why you had your 3 4 5 6 7 8 deposition taken? A. deposition taken in a personal injury case or something. A. I don't. SO i t wasn't as i f you had your Q. directory. We're talking about times when you were a 15 16 17 18 19 20 21 22 23 24 25 representative of Litton Loan? A. Right. insurance. A. Q. And i t wasn't as i f you had your right? 9 10 11 Q. right? A. 13 14 Q. Tax.

Yes. A. Can you name any? Peter. Relevance. 8 9 10 11 A. Do they have name tags on? Yes. Litton Loan besides you and Debra? A. Who said they work in the Tax Department? People who work in the Tax Department. Q. A. Do you remember any names? MS. Department? A. Does everybody at Litton wear a name tag? Supposed to. Q. A. 12 13 BY MR. BLEIL: Q. Q. Yes. So you know there's a Tax Department 2 3 there because you see it listed in a directory? A. VeritextiFlorida Reporting Co. Q. Department. I know people that work in the Tax 4 5 How do you know people work in the Tax 6 7 They say they do.34 1 Q. Hello. Q. A. 14 15 16 17 18 19 20 21 22 23 24 25 Q. Who? A lot of people. Do you know anyone else that works at Q. Q. A. Are these people you talk to everyday? Hi and bye. PRETE: Objection. Serving the State of Florida (305) 376-8800 .

MS. BLEIL: Is there a purpose for that? Yes. Q. A lot of people. MS. Why do you have to know the name of everybody else she knows that works VeritextiFlorida Reporting Co. A. her knowledge.35 1 Q. why don't you just list off some of 12 13 14 15 16 17 18 19 A. PRETE: MR. Relevance. Q. 5 6 7 that you know of? A. That's who she reports to. I'm trying to Miss Bailey said she knows a 20 21 22 23 24 25 ascertain. you know. Anybody else that works at Litton Loan 2 3 4 A. the ones you know and maybe then we can ask about them. give me some names. Q. PRETE: Objection. There are several people that work at Litton Loan. You just want names? 8 9 Yes. We're talking about the Tax Department. Serving the State of Florida (305) 376-8800 . 10 11 BY MR. MS. What's Peter's last name? Don't know. PRETE: You know her manager. BLEIL: Q. PRETE: Objection. Do you know what Peter does? No. MR. BLEIL: number of them. MS. Q. How many do you want? Well.

BLEIL: I don't know yet. MS. knows someone from -. let me ask you do you know anybody in the Insurance Department? THE WITNESS: MR. PRETE: information. PRETE: What is the admissible 4 5 6 7 evidence you're looking to obtain with that MR. you worked there for seven years and you've given me the name of one other person that works there. doesn't seem to Maybe she from somebody who works in 10 11 12 13 14 15 16 17 18 19 20 know anybody in the Tax Department. MS.36 1 at Litton? MR. MR. I think you're 2 3 well aware that I'm able to ask anything that's reasonably calculated that leads to admissible evidence. and based upon the document -MS. BLEIL: You said No. BLEIL: Miss Bailey. BLEIL: Miss Bailey knows. counsel.Miss Bailey. Maybe I 8 9 need to ask some questions to find out. I'm kind of perplexed here. PRETE: the Tax Department? MR. Serving the State of Florida (305) 376-8800 21 22 23 24 25 Who could supply you ample That's okay. BLEIL: Well. VeritextlFlorida Reporting Co. I'm asking what .

A. 2 3 4 5 6 7 8 9 A.37 1 Do you know anybody else that works at Litton Loan? THE WITNESS: BY MR. Q. Q. Q. And I have an order here saying that we So if you 23 24 can only limit it to the Affidavit. Q. MS. right? Who? I gave you Peter. PRETE: the relevance to finding out who these people are. Do you know Spencer's last name? No. Do you know John's last name? No. Q. I still don't see A. Spencer. You don't know Peter's last name though. I know he works 16 17 Who else do you know that works at 18 19 20 21 22 A. BLEIL: Q. Litton? John. Do you know how long you've been working 10 11 12 13 14 15 I don't work with John. Veritext/Florida Reporting Co. Yes. Serving the State of Florida (305) 376-8800 . 25 I can do that. with John? A. I don't. want me to go ahead and do that. Counselor. A. at Litton.

Serving the State of Florida (305) 376-8800 . Do you know anybody else there. But I'm asking Miss Bailey who she knows there. But she's already given you a name. no problem. besides the three first names you gave me and Debra Lyman? Veritext/Florida Reporting Co. 2 3 4 she's given you -MR. you believe that 12 13 14 Miss Bailey does not work at Litton Loans? MR.38 1 Right now I'm letting you ask the questions. BLEIL: I don't know. now you're making a So I guess I'll make 5 6 7 8 9 statement on the record. I'm trying to 10 11 ascertain if she really does work there or not. MS. MR. it. who is her manager. I don't know. BLEIL: Maybe I'll do that. I'm actually trying to question -MS. PRETE: Counselor. depose her and ask her certain questions. BLEIL: Counsel. too. PRETE: I believe she knows Debra if you would like to 18 19 20 21 22 23 24 25 Lyman. It doesn't 15 16 17 seem like she knows a whole lot of people that work there. Miss Bailey. I'm a little bit perplexed about how Miss Bailey can work there for seven years and know three people's first names and one person's full name.

I don't. I don't know. John and Spencer. MR. Q. So you know Peter. MS. A. No. No. Q. PRETE: Objection. Asked and I think I asked her and she 4 5 said she knew a number of people and we were starting to go through some of them. Do you see anybody at Litton Loan? I see them corning in and see them going VeritextlFlorida Reporting Co. Serving the State of Florida (305) 376-8800 25 . BLEIL: Q. Well. BLEIL: Objection. BY MR. BLEIL: Objection. Asked and answered. BLEIL: 6 7 Q. How many different people do you see a 14 15 16 17 18 day at Litton Loan? MS. what about a thin day how many 19 20 21 22 23 24 people do you see? A. Form. Q. Do you know how many employees Litton 10 11 12 13 Loan has? A. BY MR. 8 9 Anybody else at Litton Loan? A.39 1 2 3 MS. PRETE: THE WITNESS: BY MR. PRETE: answered. That varies.

What vendors do you supervise? They're off-site. Q.40 lout. So you review complaints for First 22 23 24 25 For Litton. American? A. Who else works in your department? I think you mentioned right now you're a foreclosure supervisor. Q. A. Q. A. Anyone besides First American and 6 7 8 9 10 11 12 l3 14 15 16 17 18 19 20 21 A. right? A. 2 3 4 5 Q. Q. Any other vendors? Fidelity. Q. I'm not necessarily asking for their What vendors do you supervise? Their names? Yes. A. Is that your position now? Correct. VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . Q. Q. location. First American. No. Fidelity? A. No. Do you know if Litton Loan has ever filed any complaints? A. A. Who do you supervise? Vendors. Q.

41
1

Q.

Because it's usually the ultimate

2
3
4

purported holder of the note that files a lawsuit, right?

A.
Q.

Correct. Because Litton just does the servicing

5

6
7 8 9

end of it? A. Q. A. Q. they? A. Q.
A.
Q.

Correct. Litton doesn't hold notes, right? No. And Litton
doesn'~t

10
11

hold mortgages, do

12
13

No. Do you have any idea what MERS does? No. Well, what do you do as an assistant

14 15 16
17

secretary for MERS? MS. PRETE: answered. THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Asked and

18

19 20 21 22 23 24 25

Sign.

Execute assignments.

Do you do anything else? No. Do you make the assignments? No. Do you know who makes those assignments
VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

A.
Q.

A.
Q.

42 1
2

that you sign? A. Q. A. Q. Yes. Who? Our attorneys. That would probably depend on what firm

3

4 5
6 7 8

is working that case, right? A. Q. MERS makes? A. Q. MERS? A. Q. A. Q. A. No. Did you ever receive any mail from MERS? Yes. What do you receive from MERS? Recorded documents back in the mail. No. Have you ever talked to anybody from Correct. Have you ever signed an assignment that

9 10
11

12

13
14 15

16
17 18

They get copied. Q. A. Q. MERS is at? A. Q. A. Yes. How do you know that? That's on their address.
VeritextIFlorida Reporting Co. Serving the State of Florida (305) 376-8800

19
20 21 22

Have you ever been to MERS? No. Do you know if there even is a place that

23
24 25

43
1
2

Q.

But you've been there? I've never been. So you just kind of surmise from the fact

A.
Q.

3

4
5
6

that an address is on a piece of paper? A. Q. Yes. Do you know why MERS holds assignments? No. Do you know under what authority they

7 8

A.
Q.

9

hold assignments? A. Q. A. Q. A. Q. A. Q. A. Q. MERS? A.
Q. A.

10
11

No. Do you know how MERS holds mortgages? No. What do you know about MERS? I execute assignments for them. Do you know anything besides that? No. Do you know who the president of MERS is? No. Do you know any other secretaries of

12 13 14 15 16 17 18 19 20 21 22 23 24 25

No. Do you know who the treasurer of MERS is? No. MS. PRETE: Objection. Asked and

answered.

She does not know anybody else from

VeIitext/FloIida Reporting Co. Serving the State ofFloIida (305) 376-8800

44
1

MERS. BY MR. BLEIL:

2
3

Q.
for MERS?

How did you become an assistant secretary

4
5

MS. PRETE: Objection. BY MR. BLEIL:

Asked and answered.

6 7
8

Q.
A.

You can answer. I was assigned. Who assigned that to you? That would come from my manager, Debra

9

10
11

Q.
A. Lyman.
Q.

12 13
14

Miss Lyman? Yes. Kind of explain to me how that happened? I don't know. Well, you wouldn't have approached Miss

A.
Q.

15 16
17

A.
Q.

18 19 20 21 22 23 24 25

Lyman, right? MS. PRETE: THE WITNESS: BY MR. BLEIL: Objection. No. Speculation.

Q.
say:

Well, did you approach Miss Lyman and

Miss Lyman, I want to be a secretary signing on

behalf of MERS? MS. PRETE: Objection.

VeritextlFlmida Reporting Co. Serving the State of Florida (305) 376-8800

14 15 Do you remember if she did? No. Denise A. Form. Q. PRETE: THE WITNESS: BY MR. Denise. BLEIL: Q. Q. Q. right? MS. No. what did you base that statement on? A. that 4 5 6 7 you would go and ask Debra about something like that. 12 13 Q. 2 3 That sounds ridiculous. BLEIL: Q. I don't. I want you to sign on behalf of MERS signing these assignments. Right. right? Veritext/Flmida Reporting Co. A. What information? Why the appointment was made. I said the information would have to come from Miss Lyman. A. said: Do you remember if Debra came to you and Objection.45 1 THE WITNESS: BY MR. So Miss Lyman came up to you and said: Hey. doesn't it. Serving the State of Florida (305) 376-8800 . 8 9 10 11 Hey. Do you remember when she did? No. I don't. Q. 16 17 18 19 20 21 22 23 24 25 When you made the statement before that Miss Lyman asked you. A. I don't remember.

Improperly 2 3 mischaracterizing the witness's earlier testimony. 4 5 6 Can you give me any explanation about how 7 8 9 you carne to be an assistant secretary for MERS with signing authority? MS. No. Q. 22 23 24 25 your recollection there? VeritextiFlorida Reporting Co. PRETE: Objection. Do you have any documents back at your 18 19 20 21 office that might shed some light onto how you became an assistant secretary for MERS with signing authority? MS. PRETE: THE WITNESS: BY MR. PRETE: answered. THE WITNESS: BY MR. BLEIL: Q. No. I don't remember. MS. Asked and 10 11 12 13 14 15 16 17 you today that might refresh your memory about how that whole thing transpired? A. Are there any documents you've got with No.46 1 A. BY MR. BLEIL: Q. There are no documents that might refresh Asked and answered. Serving the State of Florida (305) 376-8800 . Objection. BLEIL: Q.

There's a document. THE WITNESS: BY MR. BLEIL: Q. So do you ever remember going to some Objection. Yes. Q. Yes. I don't know. 23 24 25 kind of a training course? A. Q. A. right? A. Asked and 2 3 No. A. BLEIL: Q. There's a document somewhere. 4 5 6 7 You mentioned that piece of paper before that gave you that authority. No. PRETE: answered. if there was a process you had to 15 16 17 18 19 20 21 22 go through. Q. Do you remember the last time you saw right? 8 9 10 11 that document? A. you would probably remember it. You can answer. PRETE: BY MR. Do you know if there was an approval 12 13 14 process you had to go through to become a signing officer for MERS? A. VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . Objection. Q. Well. right? MS.47 1 MS. No. Q. Form.

BLEIL: Q. No. You can answer. A. Q. Serving the State of Florida (305) 376-8800 . Do you ever remember getting a contact 8 9 name for MERS? A. Asked and A.48 1 2 3 4 Q. Q. No. Q. BY MR. Did you ever ask Miss Lyman why am I Objection. 18 19 20 21 22 23 24 25 signing these? A. Q. as far as what to do with MERS. Has Miss Lyman ever asked you to sign things on behalf of entities besides MERS or Litton Loan? VeritextlFlorida Reporting Co. PRETE: answered. Did you ever feel the need to? No. Yes. Did you ever end up getting any kind of 5 6 7 standard operating policy from MERS? A. Q. No. carne from Miss Lyman? MS. So all your directions. 10 11 12 13 14 15 16 17 I just want to make sure I'm clear. Q. Do you ever remember getting any kind of a procedure manual from MERS? A. No.

I No. right? A. Serving the State of Florida (305) 376-8800 . Yes. Litton Loan? A. I think you mentioned. Do you know if there's more than one records custodian? A. 20 21 22 23 24 25 So you are the records custodian for Q. Do you know who the records custodian is 10 11 12 13 14 for Litton Loan? A. Q. Q. 7 8 9 the letter saying work this file or work this loan. Yes. Q. That was what you mentioned kind of like Q. SO you do know who the records custodian thought you were talking about an Sorry. as a foreclosure supervisor you assign loans to attorneys. VeritextIFlorida Reporting Co. Yes. original document. too. Q. I don't know. right? A. No.49 1 2 3 4 5 6 A. Yes. Q. is? A. Are you the records custodian for Litton 15 16 17 18 19 Yes. Loan? A.

Q. How do you know one exists? They exist. A. What do you consider to be a records I review the records of the loans that we 4 5 have in foreclosure. yes. A. There's a custodian for original documents. There are a lot. custodian? A. Q. Q. No. what that word means or that phrase means. Serving the State of Florida (305) 376-8800 . the person that reviews 6 7 8 the records of the loan that you have in foreclosure is the records custodian? A. in your mind. Do you know who that person is? No. For original documents. How do you know? I work with document custodians. Do you have any other understanding of records 9 10 11 12 13 14 15 Q. You mentioned original records custodian. Yes. custodian? A. A. Q. Are you a custodian of original documents for Litton Loan? A. So. Original documents custodian I think is what VeritextIFlorida Reporting Co.50 1 2 3 Q. Q. 20 21 22 23 24 25 right? different ones. 16 17 18 19 Q.

maybe I'm belaboring the 12 13 14 question. 20 21 22 23 24 25 A. Asked and 18 19 A. name of one? A. VeritextiFlorida Reporting Co. Miss Bailey. Si tting here today can you give me the 2 3 4 5 6 7 8 9 10 11 custodian person? A. They hold notes. BLEIL: Q. Q. No.51 1 you called it? A. but how do you know they exist? A. No. Do you know i f it's a man or a woman? No. Yes. Q. Q. A. Have you ever seen this original records There are original document custodians. Serving the State of Florida (305) 376-8800 . No. So by the mere fact that notes are held 15 16 17 you surmise that there's an original records custodian? A. MS. Q. Q. the phone? Have you ever had to call this person on Objection. PRETE: answered. BY MR. But you've never seen this person? No. Q.

Have you seen this person's name in the directory at Litton Loan? A. Q. a copy of which is attached hereto. Original document custodian. But you said there were a whole lot a minute ago. 16 l7 Q.) VeritextiFiorida Reporting Co. You mentioned a directory. right? A. 4 Q. There's an original document 5 6 7 8 9 10 11 12 13 14 What other kind of custodian would there be? A. (The document referred to was marked Q. Q. A. custodian. 18 19 20 21 22 23 24 25 Yes. Serving the State of Florida (305) 376-8800 . What other kind of custodian besides original document custodians? A. All right. Do you know if any other exists? I don't know. Miss Bailey.52 1 2 3 Q. I don't know. document? A. do you recognize this 15 Q. Q. What is that? Affidavit of Indebtedness. Defendant's Exhibit A for identification. I'd like to mark this as Defendant's A. A. No. I don't know.

53 1 Q. Miss Bailey? Yes. Do you know why you would have to be an assistant secretary at Litton Loan to sign documents? A. Yes. Q. BLEIL: Q. Q. No. Q. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. A. I don't know. BY MR. We're looking here at a four-page right. And that's what you meant as an assistant right? 2 3 4 5 6 7 8 9 10 11 secretary of Litton Loan to sign documents. A. Did you ever ask anybody why you just couldn't sign as a foreclosure specialist? A. PRETE: THE WITNESS: Objection. VeritextiFlorida Reporting Co. Is that your signature on not the last I guess. A. Q. No. No. Q. How many Affidavits have you signed or similar ones? A. Serving the State of Florida (305) 376-8800 . It even has there as an assistant right? Yes. but. Form. page. the last page of the Affidavit? Yes. document. Q. The question never crossed your mind? MS. secretary.

MS. BY MR. Q. 25 . Rephrase You're the Affiant in this Affidavit. PRETE: the question. Well.54 1 2 3 4 5 Q." Do you know who the Affiant is? A. A. Would you say thousands? I don't know. right? I don't know. right? VeritextIFlorida Reporting Co. Right. I signed this one. Do you sign them regularly? Yes. It says that "Affiant has personal A. I don't know. Q. So in this Affidavit it would be 10 11 12 13 reasonable if we substituted your name for everywhere that Affiant was. Q. I don't know. do you know if this document had 14 15 16 17 any other Affiant besides you? A. knowledge of the facts and matters recited herein. So in this particular Affidavit 18 19 20 21 22 23 24 would you agree with me that we could substitute your name everywhere that Affiant shows up? A. BLEIL: Q. Me. A. Q. Q. Serving the State of Florida (305) 376-8800 Objection. Form. 6 7 8 9 Paragraph 1. I'm looking at the Affidavit now.

I don't know then. A. Yes. Serving the State of Florida (305) 376-8800 . Q. Because you signed it? Yes. BLEIL: Then. If you change your name for the word Affiant in this Affidavit. Denise Bailey. unless you got some kind of telepathy with her. BLEIL: Q. Yes. I'm not asking you if it's legal. she's not sure what you're specifically asking. I don't know if you Don't know if that's legal for this 10 11 12 13 14 15 16 17 can substitute a name. document. counselor. And you understand that Affiant means 4 5 6 7 you. Q. right? A. you're more 18 19 20 21 22 23 24 25 of a mind reader than I am because I'm not exactly sure how you would know what she doesn't know what I'm asking. A. or if you just have to say Affiant.55 1 2 3 A. Q. SO for purposes of this particular 8 9 assignment. Q. it would have the same VeritextiFlorida Reporting Co. MS. MR. can we substitute your name in for Affiant? A. BY MR. PRETE: Counsel.

Q. Q.56 1 2 meaning. what What's that? I review our system. 12 13 14 15 16 l7 Can you tell me a little bit about the Complaint in this case? A. What did you mean when you said that you Is you. Complaint? A. our system of For this Affidavit? Do you review any documents besides the I don't have it in front of me. A. Serving the State of Florida (305) 376-8800 . I did. Denise Bailey? 3 4 5 6 7 have personal knowledge in Paragraph l? A. right? The Affiant for this Affidavit? Yes. A. information. Right. Where we store our information about the VeritextIFlorida Reporting Co. Did you review this Complaint before you 10 11 signed the Affidavit? A. Q. Q. Complaint? A. What's your system of information. mortgage. That I reviewed the facts that are in the 8 9 Complaint and in this Affidavit. Q. What documents do you review besides the 18 19 20 21 22 23 24 25 do you mean by that? A. Q. Yes. Q.

5 6 7 Yes. What did you look at? Mortgagor's name. Do you know who does? No. What's in that computer system? Did you Q. Q. system? A. Q. Serving the State of Florida (305) 376-8800 . VeritextiFlorida Reporting Co.57 1 Q. From our system of information. Don't know. A. On the computer system. Don't know. Do you know where that person would have 23 24 25 gotten that information from to input? A. Q. system? A. Q. from? A. 12 13 14 Q. Yes. Where would you get the mortgagor's name 10 11 Q. 8 9 look at anything in that computer system? A. A. Where do you store your information about 2 3 4 the mortgage? A. Do you have access to that computer Q. Do you input that information into the 15 16 17 18 19 No. 20 21 22 Loans? Do you know if it was anybody from Litton A.

BLEIL: Q.58 1 Q. BLEIL: The same system. " Upon what do you base that statement? A. Who is the Plaintiff in this lawsuit? U. Asked and 10 11 12 l3 14 15 asked the question of who put that information in. 5 6 7 The information we have in our servicing 8 9 system. I'm looking at Paragraph 3 here of your I t says 2 3 4 Affidavit. PRETE: answered. right? A. VeritextlFlorida Reporting Co. Q. You're reading that off the caption of Q. MR. It may be different 16 17 18 19 20 21 22 23 information somehow so I just need to ask my questions. Serving the State of Florida (305) 376-8800 . which is Defendant's Exhibit A. A. "Defendants failed to pay installments due on this Mortgage on June 1. PRETE: MR. 24 25 the Affidavit. A. BLEIL: I don't think I specifically Objection. Do you know who put that information in? No. BY MR. MS. 2008 and all subsequent payments. Yes. Bank National.S. MS.

Q. Q.s. Veritext/Florida Reporting Co. Do you know anything about u. Do you know where they have their 18 19 20 21 22 23 24 25 headquarters? A. A. Q. Do you know if they do any kind of business? A. The Plaintiff. 6 7 8 9 Successor to LaSalle Bank National Association. Bank National Association? A. Q. Bank National Association as 4 5 A. Q. 2 3 Yes. Q. as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates. Can you read the whole name for me? u. isn't there? A. Do you know anything about LaSalle Bank National Association? A.59 1 Q. Q. No. No. Series 2007-CB5. Do you know what u. Serving the State of Florida (305) 376-8800 . Any idea what that is? No. There's actually a longer name there. I don't know.s. No.S. Bank National 10 11 12 13 14 15 16 17 Association is? A.

maintained in the office of U." But you don't where that office is. Bank National Association? VeIitextiFloIida Reporting Co. and that the information given is contained in original books and records maintained in the office of the Plaintiff. Q. Bank National No. I don't. Q.S. and It 2 3 4 5 6 7 8 9 10 11 12 13 you've got that exhibit in front of you there.60 1 Q. Did you ever ask if that office exists? No. I'm looking here at Paragraph 2. Association? A. Series 2007-CB5? A. Bank National Association as Successor to LaSalle Bank National Association as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates. Q. How do you know that the records are 14 15 16 17 18 19 20 21 22 23 24 25 A. reads "Affiant by nature of his/her position with the Plaintiff or its agent knows of his/her personal knowledge that the Plaintiff is the owner and holder of the Note and Mortgage described in the Plaintiff's Complaint. Do you work for U. Did you ever work for U.S. Serving the State of FloIida (305) 376-8800 .S. Q. do you? A. No. It's in our servicing system.

S. Bank. Q. Q. How do you get that information out of A. Do you work for LaSalle Bank? No. Did you do anything independently to 19 20 21 22 verify if that's accurate? A. That's what it says. VeIitextiFloIida Reporting Co. 16 17 18 Q. A. Serving the State of FloIida (305) 376-8800 No. Q. Upon what do you base that statement? The information that we have in our right? 10 11 12 13 14 15 servicing system.61 1 2 3 A. Q. your system? A. A. I look it up on the servicing 23 24 How do you know if the servicing system 25 . A. Have you ever worked for LaSalle Bank? No. We look it up. I'm looking here at the second paragraph Generally that first part of the sentence 4 5 Q. A. Q. What information is that? It says the Plaintiff is U. system. is accurate? A. No. 6 7 8 9 again. I don't know. says that you know of your own personal knowledge the Plaintiff is the owner and holder of the Note. Q.

Did you ever ask for any documents to see 8 9 if that's true? A. Do you know if there's a records 10 11 department at Litton Loan Servicing? 12 A. Yes. 4 5 6 7 Did you ever pull any document to see if A. documents custodian though. Why did you make the distinction that the 22 23 24 Plaintiff is the owner and holder of the Note? A. And you know because you heard of that person but you don't know their name. Yes. Q. Q. I don't know. Q. Q. No. Serving the State of Florida (305) 376-8800 25 . They hold both. 13 14 15 Have you ever asked for any original documents from Litton Loan Servicing? A. system? So you're relying on the accuracy of that 2 3 A. No. You mentioned you have an original 16 17 18 19 20 21 Q. that's true? I am.62 1 Q. Q. Q. right? A. Can you explain to me how the Plaintiff Veritext/Florida Reporting Co. Q. right? A. No.

I can't.actually. A. I can't. But you can't explain to me how that right? No. I can't.63 1 2 3 4 is the owner of the Note? A. Can you explain to me how the Plaintiff is the holder of the Note? A. What I know. 18 19 20 21 22 23 24 25 The last part of that sentence in number 2 -. 12 13 Q. No. 5 6 7 Q. Q. I can't. 15 16 l7 Q. How do you know that statement is true 14 It's shown in our servicing system." What did you mean when you said personal knowledge? A. No. Q. happens. Serving the State of Florida (305) 376-8800 . the last sentence in number 2 it reads "Affiant is competent to testify to all matters stated herein and this Affidavit is made on personal knowledge of the Affiant. I can't. No. then? A. 8 9 Q. Can you explain to me how the Plaintiff 10 11 is the holder of the Mortgage? A. Veritext/Florida Reporting Co. No. Can you explain to me how the Plaintiff is the owner of the Mortgage? A.

But how do you know that it's 5 6 A. Q.64 1 Q. But you don't know how the Plaintiff is 2 3 4 the holder or the owner of the Note." -Do you know who the Defendants are in this case? A. A. do you? A. I thought you signed this Affidavit. Q. Q. the Note holder. Serving the State of Florida (305) 376-8800 . 7 8 true if it's in the servicing system? A. The one who is filling out this Affidavit of Indebtedness. Q. And you're pointing to the top? To the Defendants. I don't know. Q. Q. right? A. So you don't know if that's true? I know what's in our servicing system. VeritextiFlorida Reporting Co. No. The top above where i t indicates the 14 15 16 17 18 19 20 21 22 23 24 25 is? Defendants. Can you describe to me what a Plaintiff A. Yes. Q. The sentence 9 10 11 12 13 starts out "Defendants failed to pay the installments due on this Mortgage on June 1 and all subsequent payments. All those named in the Affidavit. I'm looking at number 3. Right.

How do you know that the Defendants 'DB? failed to pay an installment due on June 1. Q. they did not.65 1 2 3 right? A. Bank National Did they fill it out? No. No. A. last paid installment. Q. it just says due date. A. 4 5 6 7 B 9 Q. No. What did you look at to gain that 12 13 14 information? A. it's a computer screen or something. Association.S. Serving the State of Florida (305) 376-8800 . Do you know who generated this document? Our attorney. 10 11 It shows in our servicing system. It shows the due date. Q. as U. Yes. Now. A. that information? A. I don't know the name of the program. Q. when you're talking about looking at 19 20 21 22 23 24 25 your system. right? A. Due date. SO you. Q. is Where do you get that off your system. Q. Is it like a Windows-based program? VeritextIFlorida Reporting Co. I signed the Affidavit. 15 16 17 lB there a particular place you go to? A. Do you know what program is used to keep Q.

in your mind. So. It talks here in the second sentence in Q. A. Where? In the system. A. filing a Complaint is accelerating? VeritextiFlorida Reporting Co. Do you know where that information is 2 3 4 5 Q. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No. Q. Filed a Complaint. stored? A. Do you know who has access to that 10 11 Q. Q. I do. Serving the State of Florida (305) 376-8800 . I don't. You have access to it. right? I do. Is it stored on the site of Litton Loan? I don't know.66 1 A. system? A. 7 8 9 and it's visible in the system." What did you mean by the word accelerated? A. Q. Q. It's stored in the system 6 A. number 3 that "Plaintiff has accelerated the principal balance of said Note and Mortgage in the amount set forth below. Do you know if your supervisor does? I don't know. I wouldn't know that. A. Q. plus interest.

Serving the State of Florida (305) 376-8800 25 . Yes. National Association is the Plaintiff in this action. 12 13 14 have done that is so that you don't have to rewrite that big sentence with that big phrase every time. Bank National Association's name everywhere where it says Plaintiff? A. Q.S. I don't know. 9 10 11 No. It shows on our system.S. How do you know that the Plaintiff has 20 21 22 agreed to pay its attorneys a reasonable attorney's fee? 23 24 A. right? 19 A. Q. I think you already said that U. right? 15 16 17 18 A.67 1 A. Q. right? A. Just like we exchanged your name for the 7 8 name of the Affiant. Yes. I figure one of the reasons they might Q. But you know that in this Affidavit when it's talking about the Plaintiff it means U. What shows? That they are the Plaintiff and our VeritextIFlorida Reporting Co.S. do you know any reason why we couldn't put U. A. Bank 2 3 Q. 4 5 6 Yes. Bank National Association. Q.

Do you know how Litton Loan would have 17 18 19 20 21 assigned an attorney on behalf of U. Q.s. Q. We couldn't exchange Litton Loan's name Veri text/Florida Reporting Co. Upon what do you base that statement? On the information we have in our system. 22 23 24 25 They're not one and the same? No. No. A. Q. You mentioned earlier that one of the 9 10 11 things you do is assign loans to attorneys? A. Q. .s. A.68 1 Plaintiffs do agree to pay any attorney's fees. No. 12 13 14 said that Butler and Hosch was going to be assigned this particular case by Association? u. A. Anything else outside that system? No. Bank National Association? A. Serving the State of Florida (305) 376-8800 A. Bank is separate than Litton Loan.S. Q. I 2 3 4 5 6 7 8 have not. Q. Q. Yes. A. Q. Yes. Bank National 15 16 A. Because you'll agree with me that right? u. Have you ever seen a Retainer Agreement? No. Did you ever see any piece of paper that Q.

Q. could we? A.69 1 2 3 4 5 6 for the Plaintiff in this Affidavit. what is jurisdiction? MS. BLEIL: Q. Q. after which the following proceedings were had:) BY MR. Each of the points that we've made in the 12 13 Is true? I'm testifying that it's true. MS. Sure. And you know this of your own personal 14 A. 24 25 VeritextlFlorida Reporting Co. it says that "Each and every allegation contained in the Complaint to Foreclose Mortgage are true. you'll see where I'm looking at." What is an allegation? A. In Paragraph number 4 here -. PRETE: Objection. Q. Miss Bailey. BLEIL: (Thereupon. No. Yes. PARSONS: Before we get to the next 18 19 20 21 22 23 question could we have a small break? MR. 15 16 17 knowledge like it said in the Affidavit. a brief recess was taken. Complaint. Legal conclusion. That's correct.if you flip Number 4 7 8 9 10 11 that page. Serving the State of Florida (305) 376-8800 . And that's because Litton Loan is not the Plaintiff. right? A. Q. right? A.

Q. Look it up in the dictionary.70 1 THE WITNESS: definition. What kind of documents? Veritext/Florida Reporting Co. A. No. Yes. 23 24 Where have you heard it? In different documents. I understand you might not be prepared to give a definition. definition? A. Have you ever looked up what jurisdiction What would prepare you to give a I'm not prepared to give a 9 10 11 12 l3 14 15 means in a dictionary? A. of it. BY MR. PRETE: Objection. Q. Serving the State of Florida (305) 376-8800 25 . I have. I'm not prepared to give a 2 3 4 5 6 7 8 Do you know what jurisdiction is? MS. BY MR. Q. BLEIL: Q. THE WITNESS: definition. Q. Calls for a legal conclusion. but have you heard the word before? A. A. Do you know what jurisdiction means? But I'm not prepared to give a definition 16 17 18 19 20 21 22 Q. BLEIL: Q.

71

1

A.

In legal documents. Just to clarify, you've probably seen the

2 3 4
5
6

Q.

word in different documents because documents don't talk, right? A. I'm sure I have. So you're sure you've seen it in

Q.
documents? A.

7
8 9

Yes. Sitting here today can you give me your

Q.

10
11

idea of what it is? A. No, I'm not prepared to give the

12 13 14 15 16 17 18 19 20 21 22 23 24 25

definition of it.

Q.
A.

What does it mean to you? I'm just not prepared to give the

definition of it.

Q.
mean,

I'm not asking you for a definition.

I

I'm not asking for Webster's Law Dictionary. What does the word mean to you? A. I'm just not prepared to give that

definition. MS. PRETE: BY MR. BLEIL: Objection. Form.

Q.
A. Q.

But you've heard the word? I have. But you can't give me a layman's
Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

72 1
2

definition of what jurisdiction is? MS. PRETE: answered. THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Asked and

3

4

No.

5
6

Do you know what a Circuit Court is? MS. PRETE: Objection. Calls for a legal

7
8

conclusion. THE WITNESS: BY MR. BLEIL: Q. A. Q. Court is? A. Q. It's a court. Do you know why the word circuit would be Have you heard of that word before? I have. Do you have any idea of what a Circuit No.

9

10
11

12
13

14
15

16 17
18

used to describe it? MS. PRETE: conclusion. THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Calls for a legal

19 20 21 22 23 24 25

No,

I don't.

Do you know what a Promissory Note is? MS. PRETE: Objection. Calls for a legal

conclusion. BY MR. BLEIL:
VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

73 1 2 Q. A. Q.
A. Q.

You can answer the question. Yes, I know what a Note is.

3
4

What's a Note? It shows that someone owes money. What's a Promissory Note? I don't know. You don't know what a Promissory Note is? No. Do you know what an original mortgagor

5
6 7
8

A.
Q.
A.

9

Q. is?

10
11

MS. PRETE: conclusion. THE WITNESS: BY MR. BLEIL: Q. A.

Objection.

Calls for a legal

12
13

I know what a mortgagor is.

14 15 16 17 18 19 20 21 22 23 24 25

Tell me what a mortgagor is then? Someone who owes money. Has a mortgage,

owes a mortgage. Q. mortgage or A. mortgaged.
Q.

SO a mortgagor is someone that owes a

Has a mortgage.

Has a horne that's

So would it be fair to say that someone

that owns a house and has a mortgage they're a mortgagor? MS. PRETE: Objection. Improperly

VeritextIFlorida Reporting Co. Serving the State of Florida (305) 376-8800

74 1 2
3

characterizing witness's earlier testimony. BY MR. BLEIL: Q. Maybe we can just cut it real simple.

4
5

What is a mortgagor?
A.

Has a mortgage.

A person with a

6
7

mortgage.
Q.

So the mortgagor is the person with the

8
9

mortgage? A.
Q.

Yes. So you would agree with me then that if and they had a mortgage on the

10 11 12 13 14 15 16 17 18 19

someone owned a home,

house, would they be the mortgagor?
A. Q. A. Q. A. Q.

Yes. Do you know what a mortgagee is? No. Have you ever heard of that word before? Yes. Sitting here today you can't give me an

idea of what a mortgagee is?
A. Q.

20
21 22

I can't give you a definition. I don't need a definition. What does it

mean to you? MS. PRETE: THE WITNESS: definition. Objection. Form.

23
24 25

I can't give you a

We hire attorneys for that.

Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

PRETE: conclusion. I don't. uses for recording? A. Do you know what it means to record 12 13 14 15 Make a record of it. BLEIL: Q. Serving the State of Florida (305) 376-8800 16 17 18 19 Objection. Calls for a legal 20 21 22 23 24 25 Q. definition.75 1 BY MR. BY MR. A. Q. THE WITNESS: BY MR. 10 11 Q. something? A. MS. Miss Bailey. No. Objection. 2 3 Sitting here today do you have any idea what a mortgagee is? A. No. So you don't know what it means to you I don't want to guess so I'm not giving a 4 5 6 7 8 9 today sitting here? A. Do you know if they use a book and page? MS. BLEIL: Q. BLEIL: VeritextlFlorida Reporting Co. Asked and I don't. I don't want a definition. PRETE: answered. Do you know if they use a line and page? I don't. . Do you know what kind of a system Florida Q.

15 16 17 18 I think we asked before. Objection. PRETE: conclusion. PRETE: conclusion. I do not. PRETE: THE WITNESS: BY MR. BLEIL: Q. but do you know what an owner of a Promissory Note is? MS. are? MS. You don't know anything about recording in the State of Florida? A. THE WITNESS: BY MR. Objection. THE WITNESS: BY MR. Objection. BLEIL: Q. Serving the State of Florida (305) 376-8800 . Calls for a legal No. No. THE WITNESS: No. No. Q. 19 20 21 22 23 24 25 VeritextiFlorida Reporting Co. Do you know what a constructive holder of 5 6 7 8 a Promissory Note is? MS. BLEIL: Q. I do not. PRETE: conclusion. Calls for a legal 14 No. 9 10 11 12 13 Do you know what a constructive holder of a mortgage is? MS. Calls for a legal Do you know what conditions precedent The same objection.76 1 2 3 4 Q.

THE WITNESS: BY MR. Calls for a legal 7 8 9 No. Objection. Do you know what a receivership is? MS. Do you know what Rule 1. Do you know what any conditions precedent the Plaintiff would have to comply with before pursuing the right to foreclose? MS. THE WITNESS: BY MR.77 1 2 3 4 5 6 BY MR. THE WITNESS: BY MR. BLEIL: Q. Serving the State of Florida (305) 376-8800 . Calls for a legal No.620(a) of the No. BLEIL: Q. Calls for a legal No. THE WITNESS: BY MR. BLEIL: Q. Do you know what Rule 1. BLEIL: Q. Calls for a legal 10 11 conclusion.610 of the VeritextiFlorida Reporting Co. PRETE: Objection. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Florida Rules of Civil Procedure is? MS. PRETE: conclusion. PRETE: conclusion. Do you know what a Receiver is? MS. Objection. Objection. PRETE: conclusion. BLEIL: Q.

15 16 17 I think I already asked.78 1 2 3 4 Florida Rules of Civil Procedure is? MS. Objection. Calls for a legal No. PRETE: answered.620 of the 7 8 9 Florida Rules of Civil Procedure is? MS. Calls for a legal VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . Do you know what Florida Statute Chapter No. No. THE WITNESS: BY MR. PRETE: conclusion. THE WITNESS: BY MR. but do you have 18 19 20 21 22 23 24 25 any idea what jurisdiction is? MS. THE WITNESS: BY MR. 5 6 Do you know what Rule 1. Objection. Calls for a legal 10 11 12 13 14 No. PRETE: THE WITNESS: BY MR. Form. PRETE: Objection. PRETE: conclusion. Do you know why a spouse might claim an interest in a property? MS. BLEIL: Q. Asked and 71 pertains to? MS. BLEIL: Q Objection. Objection. BLEIL: Q. BLEIL: Q.

Do you know the requirements or the 15 16 17 18 19 20 21 22 23 24 25 points you have to meet to reestablish a Lost Note in the State of Florida? MS. No. Calls for a legal Do you know what Florida Statute 673. Did you ever read 673. PRETE: conclusion. A. A. Q. Have you ever read them? No. Veri text/Florida Reporting Co. Do you know i f i t even has a title? No. Do you remember what the title is? No. 3 4 5 6 7 8 9 10 11 12 13 14 the Florida statutes? A. Objection. Have you ever looked at that chapter of No. stands for? MS. Q.79 1 2 conclusion. PRETE: conclusion. BLEIL: Q. Q. THE WITNESS: BY MR. Calls for a legal .3091 No. Q. Q. A. BLEIL: Q. THE WITNESS: BY MR.3091? No. Serving the State of Florida (305) 376-8800 Objection. A.

do you recognize this document that we just marked as Defendant's Exhibit B? A. a copy of which is attached hereto. I'd like to mark this as 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit B to the deposition. No.80 1 THE WITNESS: BY MR. 5 6 7 I don't know. you don't remember whether there's a Lost Note count. Q. But you said you looked at this Complaint when you signed the Affidavit.) BY MR. Q. 8 9 I did. right? A. BLEIL: Q. Can you tell me what that is? It's the Complaint to Foreclose. A. Veritext/Florida Reporting Co. I don't remember. (The document referred to was marked Defendant's Exhibit B for identification. PRETE: THE WITNESS: MR. Yes. Miss Bailey. 2 3 4 Do you know if there was a Lost Note count filed in this particular lawsuit? A. BLEIL: Objection. of your own 10 11 recollection. BLEIL: Q. Serving the State of Florida (305) 376-8800 . But sitting here today. right? MS. Q.

Q. Q. How many Affidavits do you sign a day? I don't know. Q. Q. Do you sign a hundred a day? I don't know the number. A. there 13. A. Q.81 1 2 3 Q. I t appears to be. How do you know you looked at it then? Because I signed the Affidavit. but you looked at this document in this form in your office? A. How do you know that? It says Complaint to Foreclose. So it could be 200 a day? VeritextlFlorida Reporting Co. 15 16 17 18 19 20 21 22 23 24 25 Do you know if it was any time this year? Don't know the date. Do you know if this is the Complaint of A. A. Q. Q. Q. Where have you seen it? In my office. A. A. It appears to be. Q. SO you looked at a copy of this. What do you base that statement on? I've seen it before. . Do you remember when you did that? No. A. A. a It might not have had the stamp on 8 9 10 11 12 13 14 similar document. 4 5 6 7 the lawsuit that we're here for today? A. Serving the State of Florida (305) 376-8800 Q.

BLEIL: Q. It MS. Form. It Objection. 4 5 6 7 8 9 could be a hundred a day? Objection. Serving the State of Florida (305) 376-8800 23 24 25 Objection. Form. You know the internal workings of Litton Loan pretty well after working there for seven years. could be. BLEIL: Q.82 1 2 3 MS. You don't have any idea? No. Do you track them in the office for 10 11 12 13 14 15 16 17 statistical purposes? A. PRETE: THE WITNESS: BY MR. THE WITNESS: BY MR. . I don't know. PRETE: speculation. PRETE: THE WITNESS: BY MR. Q. PRETE: THE WITNESS: BY MR. Yes. right? MS. I don't know. Form. You know your job functions pretty well No. Form. A. right? MS. BLEIL: Q. Objection. 18 19 20 21 22 as a foreclosure specialist because you've been doing it for a while. BLEIL: VeritextIFlorida Reporting Co. I don't know. Q.

Form. but can you Objection. A. Well.83 1 Q. Q. right? A. BLEIL: Q. Q. What else is in the directory? I don't remember. right? VeritextlFlorida Reporting Co. Q. Do you think Debra might know the answer 9 10 11 to that? MS. A. 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 think of anybody at Litton Loan that might be able to figure out how many affidavits you signed in the past year? A. Q. A. I don't know. Right. Serving the State of Florida (305) 376-8800 . we talked about the Tax Department. 5 6 7 8 Affidavits you signed in the past year. You don't know the answer. Do you have an IT Department there? Yes. we do. If Debra asked you to find out all the Q. I don't know. PRETE: THE WITNESS: BY MR. How do you know that? It's in the directory. is there a way you coordinate that in your system? A. You wouldn't be expected to know 2 3 4 everybody's job there. I don't know. Q.

right? A. What does it mean to reestablish? MS. Miss Bailey. Serving the State of Florida (305) 376-8800 . Q. You don't know if you remember seeing Q. Right below where it says Defendants it says Complaint To Foreclose Mortgage And Reestablish Note and Mortgage. A. I don't know. right? Yes. I want you to look at this Complaint here A. PRETE: Objection. And the IT Department? Yes. directory? A. I don't know. Yes. 4 5 6 7 8 9 I don't know. 10 11 12 anything.84 1 2 3 A. Q. Q. that we've got marked as Exhibit B. Q. Yes. When's the last time you saw that 13 14 15 16 17 18 19 20 21 22 23 24 25 directory? A. And the Insurance Department. Anything else you remember seeing in that A. Q. VeritextiFlorida Reporting Co. Was it last week? I don't know. Q. Calls for a legal Q. or you don't know if there's any other departments in that directory? A.

BY MR. THE WITNESS: BY MR. BLEIL: Q. I believe I said that.85 1 2 3 4 conclusion. Q. I think you said before that the Complaint was like a lawsuit. I don't know. Calls for a legal 8 9 10 11 12 13 conclusion. right? A. Objection. PRETE: conclusion. PRETE: Objection. Calls for a legal VeritextiFlorida Reporting Co. MS. BLEIL: Q. MS. Serving the State of Florida (305) 376-8800 . THE WITNESS: BY MR. Any idea why the unknown tenant is listed A. Calls for a legal 18 19 20 21 22 23 24 25 there? I don't know. 5 6 7 What is a count? A. I don't know. Any idea of why in that paragraph that 14 15 starts Comes Now any idea why unknown spouse of Joyce Austin is listed there? MS. Q. BLEIL: Q. PRETE: conclusion. 16 17 Objection. Do you know if Joyce Austin has a spouse? I don't know. Then right below there it's got Count I.

why . Inc. Q. Q. Objection. BLEIL: I don't know. Yes. Serving the State of Florida (305) 376-8800 Debra. And MERS is the person or the entity that right. when you were looking at this Complaint: is MERS here? VeritextiFlorida Reporting Co. We talked earlier about Mortgage Inc. Do you know if that unknown tenant has to 4 5 6 7 be in the lawsuit? MS. BLEIL: Q. is listed here? MS. right? A. the secretary? A. Calls for a legal I don't know. BLEIL: Q. 8 9 Do you know why Mortgage Electronic 10 11 Registration Systems. Calls for a legal 12 13 14 15 16 17 18 19 Electronic Registration System. Objection. THE WITNESS: BY MR. 2 3 Q. PRETE: conclusion. Correct. as 20 21 22 23 24 25 you signed those assignments on behalf of. THE WITNESS: BY MR. Debra. PRETE: conclusion.86 1 THE WITNESS: BY MR. Did you ever ask your supervisor.. entity MERS. We called that I don't know.

When you looked at this Complaint? No. Didn't that raise a red flag? No. A. Q. You don't know if 24 25 you've seen that? A. Did you think that the Plaintiff here 2 3 4 5 6 7 might be trying to sue MERS? MS. Serving the State of Florida (305) 376-8800 . Q. VelitextIFlorida Reporting Co. Form. Q. Q. No. BLEIL: Q. And that didn't peak your interest at all 12 13 14 15 when you looked at this Affidavit? MS. Have you seen any other Complaints that Objection. How do you know you're sure? I'm guessing that there are. PRETE: BY MR. PRETE: THE WITNESS: BY MR. A. No. A. 16 17 18 19 have MERS in them? A. Form. So you're guessing. 20 21 22 23 I'm sure. Q. Q. I don't know. 8 9 Do you have any idea why MERS is listed 10 11 there? A.87 1 A. I don't know. BLEIL: Q. Objection.

I don't think this It will give one has got any markings on it. 22 23 24 Do you have any problem with that? MS. I don't think it really would make a big difference. us a clean copy to work with.88 1 2 3 Q. Serving the State of Florida (305) 376-8800 That's fine. BLEIL: know what. 6 7 Do you know what a grantee is? MS. but I'd like to substitute this other one. Form. PRETE: conclusion. Objection. THE WITNESS: BY MR. BLEIL: Q. 25 . THE WITNESS: BY MR. Objection. I'm looking here at that first paragraph. Calls for a legal 8 9 conclusion. PRETE: MR. I'm sorry. PRETE: Objection. I don't. BLEIL: VeritextiFlorida Reporting Co. PRETE: BY MR. Reading down here a little bit farther what is a devisee? MS. BLEIL: Q. you I'm looking here and it looks like 17 18 19 20 21 there's some like blue pen marking on this in Paragraph 2. 10 11 12 13 14 15 16 Any idea what that means? MS. Miss Bailey. Calls for a legal 4 5 I don't know.

but you're looking at something on the second page there. Miss Bailey. see where I'm at? A. It's got a number 1 there Do you 6 7 8 9 and then it says Jurisdiction Of The Court. Did you know if that statement was true 15 16 17 18 when you signed your Affidavit? MS.89 1 2 3 Q. Q. Serving the State of Florida (305) 376-8800 . PRETE: THE WITNESS: BY MR. I'm going to go back to 4 5 that first page and draw your attention back to Paragraph 1 for a minute. BLEIL: Q. Well. PRETE: THE WITNESS: BY MR. 19 20 21 22 23 24 Do you know if that statement is true today? MS. I don't know. Yes. BLEIL: Q. Could you rephrase that? 25 Yes. It says here in Paragraph 1 that VeritextiFlorida RepOliing Co. I didn't mean to grab it out from underneath. Q. Objection. Form. I don't know." How do you know that statement is true? A. Objection. Form. And then there's a sentence there that 10 11 12 13 14 reads "This is an action to foreclose a mortgage real property and therefore the Circuit Courts of Florida have jurisdiction.

I don't know. No. Counsel makes an interesting issue She is not the drafter of Objection. I don't know. PRETE: MR. MS. BLEIL: counsel? MS. PRETE: THE WITNESS: BY MR." Upon what do you base that statement? A. did you? A. MS. Q. 21 22 23 24 25 for lack of a better phrase. Objection. No. you didn't draft it. You didn't draft this Affidavit that was 18 19 20 marked as Defendant's Exhibit A. BLEIL: Q. But you kind of adopted it as your own. PRETE: this Complaint. Miss Bailey? A. did you. BY MR. right? VeritextlFlorida Reporting Co. Well. What's the objection.90 1 "This is an action to foreclose a mortgage on real property and therefore the Circuit Courts of Florida have jurisdiction. right? Form. Serving the State of Florida (305) 376-8800 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 because maybe I need to jump back to the Affidavit. Q. BLEIL: Q. You didn't put these words on the paper.

Did you ever ask your supervisor where 4 5 6 7 did this thing come from and you want me to sign it? A. Q. right? A. Serving the State of Florida (305) 376-8800 . A document. But you know who did? No. No. firm. In the form of an image. A. the law 9 10 11 12 13 14 15 16 17 particular Affidavit marked as Exhibit A that was drafted by a lawyer somewhere. Q. So you do know where they come from? Yes. Q. So would it be fair to say that this I know where they come from. Did you ever ask where these Affidavits 8 come from on any of your cases that you sign them for? A. A. Q. But you just said you 18 19 20 21 22 23 24 25 firm? know that they come from lawyer's offices? A.91 1 2 3 A. I don't know. yes. How do they come to you from the law A. Q. A. VeritextiFlorida Reporting Co. Q. Upon what do you base that statement? It comes to us from the law firms. Q. You don't know. Q. From the office. No.

No. Q. Q. Q. Q. It's printed. Upon what do you base that statement? The document comes from the law firm. document if it wasn't on a paper form? A. printing it out? A. Q. Through the computer system? Yes. It was on paper printed. Q. version. And then you went through that effort of Q. Does i t come in an electronic image just 9 10 11 12 13 like the Affidavit does? -A. Do you have any idea who drafted that? A law firm. A. did you? A. A. You didn't draft this lawsuit here marked 5 6 7 8 as Exhibit B. 3 4 Yes. Yes. So explain to me how you looked at this 14 15 16 17 18 19 20 21 22 23 24 25 Q.92 1 Q. A. It's already printed for you? VeritextIFlorida Reporting Co. SO the image came to you in an electronic right? Yes. So it's something on your computer 2 screen? A. Serving the State of Florida (305) 376-8800 . Q. A.

the paragraph there under number 2 24 25 A. of a lien? A. Do you know if a mortgage could be a type 14 15 16 17 Q. I don't know. PRETE: conclusion. Yes. Q. Q. 18 19 20 21 22 23 MS. Objection. Well." Do you know what a lien is? MS. VeritextiFlorida Reporting Co. so you can follow with me. Form. Because you don't know what a lien is. You don't know what it is? No. Q. I want to look at the second paragraph I'll flip it to the second page In bold up there i t says 2 3 4 5 6 7 Q. here in the lawsuit. BLEIL: Objection. "Execution of Note and Mortgage and Creation of Lien. right? I don't know. Serving the State of Florida (305) 376-8800 . Don't know. Calls for a legal 8 9 10 11 12 13 .93 1 A.considered a lien? A. BLEIL: Q. PRETE: THE WITNESS: BY MR. THE WITNESS: BY MR. Do you know if a mortgage can be No.

Upon what do you base that statement? It's in our servicing system. No.00. How do you know that it's true? I know the information is true from our 20 21 22 23 24 servicing system. Q. Can you tell me how that Note was 12 13 14 15 executed? A. right? A. Yes. Veritext/Florida Reporting Co.800. or Plaintiff's assignor. Q. No. Q. Can you tell me how that Note was 16 17 18 19 delivered? A." Do you see where I'm reading? A. A. the original principal amount of $292. . Q. Q. Q. A. Q. No. Have you ever been to a closing? No. in Yes. You've been in the mortgage biz for what. But you don't know what a Promissory Note 8 9 10 11 is. 2006 a Promissory Note was executed and delivered in favor of Plaintiff. right? about thirty years now.94 1 it kind of reads or does read "On or about November 2 3 4 5 6 7 3D. Serving the State of Florida (305) 376-8800 25 A. A.

You went to the closing on November 30. Yes. right? A. That's kind of a foolish question. Q. 2 3 4 5 6 7 8 9 2006 in this case? A. made here because you looked at the computer screen. Yes. Q. A. No. Were you at the closing on November 30. A. You weren't here in Broward County on November 30 in 2006 when someone signed this Note. Do you own a house? Yes. Yes. 16 17 18 19 20 21 22 23 24 25 at Litton Loan. No. Did you go to the closing on your house? Yes. A.95 1 Q. A. Q. Pardon me? Say that again. Q. right? A. Q. VeritextiFlorida Reporting Co. 10 11 Q. A. Did you execute a Note at that closing? Yes. Serving the State of Florida (305) 376-8800 . You're probably in Texas doing something right? right? 12 13 14 15 Q. So you're relying on that statement you Q. 2006 on this? A.

did you? A. line down. then 10 11 12 13 payment of said Note. executed and delivered a Mortgage which is attached as Exhibit A. Do you know what Plaintiff's Assignor Q.96 1 Q. Objection. Did you look at the Note when you signed 2 3 4 this Affidavit? A. The next sentence reads "To secure the original mortgagors. No. Calls for legal Veritext/Florida Reporting Co. 5 6 7 Q. And that's the computer system we've been right? Q. PRETE: objection. the second Do you have any idea why it would say Q. Serving the State of Florida (305) 376-8800 .800? It's in our system that i t is. 8 9 A. Q. being the owners of record. It's shown in our servicing system. No. Plaintiff or Plaintiff's Assignor? A. Back to that first sentence." How do you know that statement is true? 14 15 16 17 18 19 20 21 22 23 means? A. I don't know. talking a lot about today. But you didn't see Miss Austin sign the Note. 24 25 MS. Q. Yes. How do you know it was for $292. A.

5 6 7 BY MR. BLEIL: Q. Form. No. PRETE: THE WITNESS: The same objection. Can you use the word assignor in a 10 11 Q. No. BLEIL: Q. 14 15 BY MR. 16 17 Objection. VeritextIFlorida Reporting Co. BLEIL: Q. Serving the State of Florida (305) 376-8800 . 18 19 20 21 It also says in that second sentence in Paragraph 2 that " . PRETE: THE WITNESS: BY MR." Do you think that refers to the Defendants? MS. Do you know what part of speech it is? MS.. MS. Do you know if Miss Austin can be an 8 9 assignor? A. Form. No. then being the owners of record. Form. sentence? A. 12 13 No. BLEIL: Q. . PRETE: THE WITNESS: Objection.97 1 THE WITNESS: BY MR. PRETE: Objection. 22 23 24 25 I don't know. 2 3 4 Do you know what an assignor is? MS. I don't know.

Q. Serving the State of Florida (305) 376-8800 . Do you know if Miss Austin is the owner No. under 2 there it reads to say "It Upon what do you base that belief? Our servicing system. THE WITNESS: BY MR. Yes. Calls for a legal 9 10 11 12 13 14 15 16 17 of record in this case? A. BLEIL: Q. BLEIL: Q.98 1 2 BY MR. A. Form. isn't it? A. Page VeritextiFiorida Reporting Co. I believe she was. 18 19 20 21 22 23 24 25 was recorded in Official Records Book 43243. 4 5 6 7 8 Do you know what it means to be an owner of record? MS. Do you have any idea who that refers to? No. Well. 3 A. PRETE: THE WITNESS: BY MR. PRETE: conclusion. Q. Do you know if she was the owner whenever you signed your Affidavit? MS. Q. I do not. BLEIL: Q. Q. She's who we show on our servicing system. The servicing system is pretty important. Objection. Objection.

Florida.99 1 2 3 568. Public Records of Broward County. Q." How do you know that statement is true? A. at your desk and you would? You would sit down A. number. We have that information in our servicing 4 5 Q. desk today. What would you do to find the name and VeritextiFlorida Reporting Co. system. A. Let's say you're sitting at your computer If you had to find Miss Austin's loan Q. It's shown in the servicing system. Q. walk me through it step by step. Let's say that you wanted to see Miss Kind of 9 10 11 12 13 Austin's records in the servicing system. Q. Where would you get that information from 6 7 8 the servicing system? A. Yes. Q. Look it up. Put in the loan number. How do you know what the loan number is? We can look it up. So you manually input a loan number into 14 15 16 17 18 19 20 21 22 23 24 a data field? A. how would you find that loan number to put it in? A. A. What would you do to look it up? The name and property address. Serving the State of Florida (305) 376-8800 Q. 25 .

Do you know if the loan number is the 10 11 same as the MIN number? A. A. Q. Q. Do you remember where? No. Q. Correct. Q. Q. Do you remember if it was at work? Yes. Do you remember when? No. I've heard it. 12 13 I don't know.100 1 property address? A. Q. Where have you heard it? I don't remember. Have you ever heard of that phrase 14 15 16 17 18 19 20 21 22 23 24 25 before? A. Correct. Veritext/Florida Reporting Co. Q. And then you can find a correlating loan number? A. . Serving the State of Florida (305) 376-8800 A. A. Q. A. address. 2 Put in the name and put in the property 3 4 5 6 7 8 9 So you put the name and property address into a data field? A. Q. A. Do you know what a MIN number is? No.

Did you ever look at the Florida. Calls for a legal 9 10 11 12 13 14 15 16 17 18 19 Q. A. That last sentence or another sentence 5 6 Q. Have you ever heard of that word before? I don't know. You don't know if you've heard of it? No." In that sentence. . what does it mean to encumber? MS. there reads in Paragraph 2 "It encumbers the real and personal property and fixtures described therein. ascertain if this mortgage was recorded there? A. BLEIL: I don't know. I don't know. Q. A. Objection. Q. PRETE: conclusion. A. No. Q. In this sentence what are fixtures? VeritextiF10lida Reporting Co. How do you know that's true? It's shown in our servicing system. to public records of Broward County. It was at work. word? 20 21 22 23 24 25 Is today the first time you've heard that A.101 1 2 3 4 Q. THE WITNESS: BY MR. Serving the State of Florida (305) 376-8800 A. 7 8 Q. Could you use encumber in a sentence? No. I don't know. Q.

Calls for a legal 2 3 I don't know. Have you ever seen a Complaint where it 18 19 20 21 22 23 24 25 just encumbered the real property? A. . Q. It shows in our servicing system. Serving the State of Florida (305) 376-8800 A.102 1 MS. Q. 4 5 In this sentence what's personal 6 7 8 I don't know. I don't know. BLEIL: Q. I don't know. Q. Where would you look at in your servicing 12 13 14 15 system to see if it encumbers the real and personal property and fixtures described therein? A. PRETE: conclusion. Q. How many Complaints have you looked at? I don't know. In the servicing system. 9 10 11 real and personal property and fixtures described therein? A. Objection. VeritextiFlorida Reporting Co. property? A. How do you know that it encumbers the Q. Q. Is it possible that maybe a mortgage 16 17 could just encumber the real property? A. A thousand? I don't know. A. THE WITNESS: BY MR.

Serving the State of Florida (305) 376-8800 . Q. No. Affidavits of Indebtedness? A. I don't know. you? A.103 1 Q. So you have an office with a door? Yes. Do you have an office? Yes. A. So it could have been a thousand 2 3 Complaints you've looked at? A. Q. there's not. Do you know if there's anybody next to Q. Q. Do you know anybody else that signs 4 5 Affidavits at Litton Loans. I don't know. Do you have someone that works in a 9 10 11 cubicle or in an area next to you? A. Yes. Q. Q. VeritextiFlorida Reporting Co. So you've got an isolated office on your A. And no one works beside you? No. Q. A. 6 7 8 I don't know. Do you know whose in the office next to 12 13 14 A. Q. A. 15 16 17 18 19 20 21 22 23 24 25 own? you? No.

. MS. 6 7 Are there other people out in the open 8 9 floor? A. Q. Do they have a break room? Yes. Do they have birthday party celebrations VeritextiFlorida Reporting Co. Q. Do you have a kitchen there at Litton 18 19 Q. 20 21 22 Loans? Q. Form. 5 I'm at the end in a corner. No.104 1 Q. Yes. Q. A. 12 13 14 15 16 17 department or division? A. Are there other offices on your floor? Yes. PRETE: THE WITNESS: BY MR. No. Yes. Do you have lunch on-site? No. Any idea what those people in those other Q. Serving the State of Florida (305) 376-8800 23 24 25 A. offices do? A. A. BLEIL: Q. Explain to me how that works because I'm 2 3 4 trying to figure out how you can work in an office but not have anybody next to you. Q. Are there offices like in your little 10 11 A. Objection.

105 1 2 3 4 at Litton Loans? MS. So she's here being deposed based on her Veritext/Florida Reporting Co. 10 11 12 13 BY MR. PRETE: MS. Objection. No. MS. PRETE: Counselor. Serving the State of Florida (305) 376-8800 . No. So you're a salaried employee? Yes. BLEIL: Q. I don't think I'm trying to I mean. PARSONS: THE WITNESS: BY MR. doesn't know anybody there. that Miss Bailey doesn't seem to know anybody else that works at Litton Loans. figure out if anybody else does. counselor. 15 16 17 18 The relevance is. No. BLEIL: Q. Miss Bailey is the Affiant for this case. BLEIL: Objection. PRETE: MR. Do you get paid hourly at Litton Loans? MS. Relevance. Q. Relevance. 5 6 Do you punch a time clock at Litton 7 8 9 Loans? A. PRETE: THE WITNESS: Objection. 14 A. Relevance. she 19 20 21 22 23 24 25 you're really interested if anybody else works there. MS.

Miss Bailey. Q. So you should be 2 3 asking her the questions that are based on her Affidavit . are they in 14 15 their own building or they have office space in a building? A. MS. BLEIL: . BLEIL: Q.106 1 knowledge of this Affidavit. Litton Loans. Yes. you know. So they're in a building that has Well. Relevance. I don't know. MS. thanks for the 4 5 6 7 8 9 But. 16 17 18 19 20 21 22 23 24 multiple floors in it? A. Q. an elevator? A. BY MR. PRETE: BY MR. Serving the State of Florida (305) 376-8800 25 . Q. when you take a I'm deposition you can run it how you like. Do you know if Litton Loan has offices on VeritextiFlorida Reporting Co. Counsel. BLEIL: instruction. trying to figure out if anybody else works there besides Miss Bailey and her boss and the three gentlemen with the first names. Yes. MR. PRETE: I don't really think you're 10 11 12 13 trying to find out if anybody else works there. when you go into work do you take Objection.

Q. Yes. Relevance. MS. How do you know that? MS. BLEIL: BY MR. Yes. Yes.107 1 2 more than one floor in that building? A. if with these questions? she takes the elevator and there's different floors. right? A. Q. Q. Did you ride the elevator last Friday? A. PRETE: Objection. PRETE: THE WITNESS: MS. PRETE: Objection. Do you ever see any other people in the Okay. 15 16 17 18 19 20 21 22 23 24 25 you signed an Affidavit for MERS at Litton Loans last Friday? A. where are we going? MR. where are we going If there's elevators. Counsel. Well. 3 4 5 6 7 8 9 I've been to other floors. Do VeritextiFlorida Reporting Co. Particularly on Friday because you said I don't know. SO let's focus in on last Friday. BLEIL: Q. 10 11 12 13 14 elevator at Litton Loans? A. you were there last week working. Yes. Serving the State of Florida (305) 376-8800 . Relevance. Q.

something of substance. BY MR. MS. PRETE: I understand that. Serving the State of Florida (305) 376-8800 right? Do . VeritextIFlorida Reporting Co. I'm trying to get 18 19 20 21 22 23 24 25 I'm trying to figure out a way to figure out what she knows. there. PRETE: Riding an elevator with other people isn't going to bring substance to this case. MS. directory. MR. the record is going 14 15 16 17 to show that Miss Bailey doesn't know much of anything in this deposition. BLEIL: Counsel. BLEIL: Q. I'd be happy if Miss Bailey 2 3 4 I think she does an awful lot 5 6 7 I don't think she knows anybody at Litton Loans. PRETE: MR.108 1 you have a specific person in mind that you're asking her about? MR. But I 10 11 12 13 feel at this point it's a little harassing asking her a thousand questions about people that work there. let's go back to the You mentioned that directory. Miss Bailey. BLEIL: knew anybody. MS. BLEIL: For what purpose? I'm allowed to ask anything 8 9 that's reasonably calculated to lead to admissible evidence.

BLEIL: Q. Q. Let's just go back to the Complaint here Maybe we'll get back to that. the Insurance Department. 18 19 20 21 22 23 24 25 for a minute. A. PRETE: THE WITNESS: Objection. Q. 14 15 16 17 Q. How big of a paper? I don't know. BY MR. Here it says "The above-described Note and Mortgage were assigned to Plaintiff. A. No. Yes. When's the last time you saw that? I don't know. PRETE: THE WITNESS: Objection. Serving the State of Florida (305) 376-8800 . I don't know. I must have saw it. 10 11 12 13 BY MR. 9 Is it a book? MS. Relevance. What kind of a document is it then? It's on paper. Number 3 talks about Assignment of Note and Mortgage. A." How do you know that's true? A. Is that directory on one page of paper? MS. A. BLEIL: Q.109 1 2 3 4 5 6 7 8 you remember that directory we were talking about? You talked about the Tax Department. Relevance. Veritext/Florida Reporting Co. Q.

the Assignment? What's the question? You said the Assignment would be in your This is that computer system that has all system. Why don't you take a minute and look and 24 25 tell me if you see an Assignment there in Exhibit B? A. servicing system. Veritext/Florida Reporting Co. Complaint? Yes. right? right? A. Q. that plethora of information in it. But it would be in our servicing 4 5 Are you looking for something in 6 7 particular? A. Serving the State of Florida (305) 376-8800 . take a look. That's what we're doing now. Q. Q. I didn't look. You're leafing through this Complaint. right? A. Yes. it.110 1 2 3 Q. Right. Q. It would be in our 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. I was going to see if there was a copy of 8 9 Well. These are Assignments you mentioned that are similar to the ones you sign on behalf of MERS. It doesn't matter. Q. No. Do you see an Assignment attached to this A. right? A. Maybe there is. I don't see one. Q. system.

I might have just looked 8 9 at the information. What kind of information would you find 10 11 12 13 in an Assignment? A. Q. Q. MERS. BY MR. Did you ever ask anybody why? VeritextiFlorida Reporting Co. How do you know one exists? 4 5 A. Objection. Did you look at any Assignment on this 6 7 case? A. BLEIL: Q. MS. No. But you don't have any idea why you're 22 23 24 25 signing them? A. SO you don't see an Assignment in that 2 3 Okay. I don't know. Q. No. Exhibit. PRETE: conclusion. Q.111 1 Q. right? A. It's in our servicing system. It shows to and from. to. Calls for a legal 17 18 19 But you sign these things on behalf of 20 21 Yes. Assigns from and Do you know the reason why Assignments 14 15 16 exist? A. Q. Serving the State of Florida (305) 376-8800 .

Asked and 3 No. Q. what an originator of a Note is? A." How do you know that's true? A. You mentioned before about an Assignment. From whom to whom. A. Yes. Well. A. Okay. Serving the State of Florida (305) 376-8800 . PRETE: answered. From whom to whom. Do you know 23 24 25 Q.112 1 2 MS. Paragraph 4 goes on in this 8 Complaint and it talks about "The property is now owned by Defendant. Did you search public records to find out 9 10 11 12 13 14 15 16 17 18 19 20 21 22 if she's the titleholder? A. So when you made that statement you Q. relied on that servicing system computer with all that information in it? A. It's in our servicing system. VeritextiFlorida Reporting Co. THE WITNESS: BY MR. Joyce Austin. Objection. Q. No. How did you describe it? words in your mouth. I just don't want to put Q. No. 4 5 6 7 You never asked your supervisor? No. BLEIL: Q.

Do you need some time to look through the 6 7 8 9 10 11 12 13 14 Complaint or do you feel comfortable saying no? A. PRETE: conclusion.113 1 Q. Objection. BLEIL: I don't know. I feel comfortable saying no. Number 5 there on this exhibit talks What is Q. Q. 5 might be able to look at and figure out who the originator of this Note is? A. Is there anything in Exhibit B that you Q. No. Do you know who the originator of the 2 3 4 Note in this case is? A. Calls for a legal 15 16 17 18 19 20 21 22 23 24 25 Q. about the Default on Note and Mortgage. Paragraph 5 there goes onto read "The installment which became due on the Note and Mortgage on June 1. Serving the State of Florida (305) 376-8800 . No. THE WITNESS: BY MR. default? MS. or by anyone on behalf of the Defendants liable on the Note and Mortgage. 2008 and each payment thereafter have not been paid to either the Plaintiff or the Plaintiff's Assignee by the Defendants. current property owners." Do you see where I'm reading that VeritextlFlorida Reporting Co.

Upon what do you base that statement? On what's in our servicing system. Anything else? Mortgagor's address. It's due for June 1. Due date. Q. A. The screen showing what the loan is due 8 9 for. Q. 24 25 No. 20 21 22 23 I don't know. Q. Anything else? No. What in your servicing system did you A. Q. A. A. A. What did you mean when you said 12 13 14 15 16 17 18 19 Plaintiff's assignee here? A.114 1 sentence from? A. Q. Do you know what Plaintiff's assignee is? No. Do you know whose liable on this Note and Q. VeritextiFlorida Reporting Co. 5 6 7 base that statement on? A. What kind of information is on that 10 11 screen? A. 2 3 4 Yes. What else? Mortgagor's name. Mortgage? A. Q. Q. Q. 2008. Serving the State of Florida (305) 376-8800 .

Q. Do you know if that statement is true? Yes. A. Q. No. 18 19 20 21 Q. Q. statement? A. Upon what do you base that belief? We have legal counsel that drafts these. Why would it have anything to do with Veritext/Florida Reporting Co. You don't know how that statement is 14 15 16 17 No. Q. So you're relying on your attorneys to 22 23 24 25 ascertain that information? A. A. Q. A. No. true? A. How do you know that that sentence is the one we're talking about? Because in the system we show June 1 as Do you know what liable means in that 2 3 4 5 6 7 8 the due date. How? I believe it to be. true then. Serving the State of Florida (305) 376-8800 . The next sentence reads there "The Note 9 10 11 12 13 and Mortgage are in default for failure to pay as required thereunder. I don't know. Q.115 1 Q." How do you know that statement is true? A. Q. A.

4 5 6 by your attorneys? A. Q. Do you know what thereunder means in that Yes. The wording. Where would you find that information in Q. How do you know that it was sent to the present owner? Veritext/Florida Reporting Co. thereunder? A.116 1 2 3 legal counsel drafting these? A. The particular choice of words was chosen Q. Do you know if there was any requirement No. Did you ever ask your supervisor what 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and demand for payment was sent to the present owners of the property and mortgagors. That reads on further "Notice of default No. Under letters sent. your servicing system? A." On what do you base that sentence? A. Serving the State of Florida (305) 376-8800 . that means? A. I don't know. Q. It's found in our servicing system. Q. Q. and they have still failed to pay as required. Q. sentence? A.

And then once you get the loan number you put it into another data field and it will pull up the info. Q.117 1 A. 20 21 22 23 24 Correct. Well.95 together with interest at the rate of 6. Where at? In the servicing system. for lack of a better phrase? A. principal balance due on the Note and Mortgage is 8 9 10 11 $290.99 per annum from May 1.806. Q. system. I show it was sent in our servicing 2 3 4 Does it show that it was received? I don't know. In the servicing system. Correct. Q. 5 6 7 Amount Due and Acceleration. if you wanted to find out what the VeritextiFlorida Reporting Co. Q. Information in the servicing system. 2008. Serving the State of Florida (305) 376-8800 25 ." Upon what do you base that statement? A. Well. You mentioned before that to access that A. right? A. number 6 here reads Approximate It says that "The A. Q. information you type in the person's name and their address and it comes up with the loan number. Q. Q. Where would you look to get that 12 13 14 15 16 17 18 19 information? A.

a couple of screens. BLEIL: Q. can only go through the pages in sequence order. do you have to point? What do you do? A. Relevance. next screen? A. So once you call up the loan number you Objection. PRETE: THE WITNESS: BY MR. Q. Q. And all this information is on one A. right? A. Q. Is there a way that you can go back to No. how would you find that information? Would you have to click around. How do you change screens in the system? Hit enter. A. Serving the State of Florida (305) 376-8800 .118 1 2 3 4 5 6 7 8 balance due on the Note and Mortgage is for this particular case. Q. No. You put in the loan number? Yes. What happens if you're on page 3 and you need to go back to page I? A. Put in the loan number. Yes. So enter is the command to bring up the the previous screen? MS. Q. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 screen. VeritextiFlorida Reporting Co. You put in the loan number.

PRETE: BY MR. Yes. 10 11 12 13 14 I don't know. BLEIL: Q. We talked about that May 1. right? A. Form. screen. PRETE: THE WITNESS: BY MR. and you again go to pages 1. Relevance So you put the loan number in again and 4 5 6 7 8 9 it starts you back to square 1. Objection. I don't know. whatever the other screens are.119 1 2 3 MS. right? A. 2. Serving the State of Florida (305) 376-8800 . Objection. Q. 2008 date in Paragraph 6. Objection. Relevance. It would seem to be terribly frustrating to have to start allover. BLEIL: Q. Q. BLEIL: Q. 3. How do you know that's true? VeritextIFlorida Reporting Co. 15 16 17 You get that information from the Yes. Did you ever hit that button by accident and have to start all over again? MS." What did you mean by that? MS. PRETE: THE WITNESS: BY MR. And then the next sentence here reads 18 19 20 21 22 23 24 25 "The Plaintiff by filing this Complaint does accelerate the payment of the debt.

Form. BLEIL: Q.120 1 A. Q. You don't know if that's true? MS. Do you know if that sentence is true? I don't know. THE WITNESS: BY MR. 18 19 20 21 22 23 24 answered. You don't know if that sentence is true? MS. Asked and A. you see where that next sentence 7 8 9 10 11 12 13 14 15 16 17 reads "The Plaintiff has expended and will continue to expend during the pendency of this lawsuit certain necessary costs and advances to protect its security. Q. the second It talks about necessary Q. Veritext/Florida Reporting Co. BLEIL: Q." How do you know that sentence is true? A. I don't know. advances that the Plaintiff would put forward? A. I don't know. 5 6 BY MR. What are the certain necessary costs and No. 25 line up from the bottom. Which number are we on? I'm looking at Paragraph 6. Serving the State of Florida (305) 376-8800 . 2 3 4 I don't know. Well. Q. PRETE: Objection. all of which are secured by the lien of the Mortgage and which Plaintiff is entitled to recover. PRETE: THE WITNESS: Objection.

6 7 No. A. 20 21 It reads on here further it says " . Serving the State of Florida (305) 376-8800 Q. No. 22 23 24 I don't know.. 25 . BLEIL: Q. VeritextiFlorida Reporting Co. Asked and 8 9 10 11 answered. Any idea what those necessary costs and advances are? A. You don't know if that's true? No. Do you know if there were any costs and 14 15 16 17 18 19 advances that the Plaintiff put forward? MS. . PRETE: Objection. Do you know what necessary advances would 12 13 be? A. 2 3 4 No. PRETE: answered. THE WITNESS: BY MR. Objection. BLEIL: Q. all of which are secured by the lien of the Mortgage.121 1 costs and advances. Q. MS. Asked and I don't know. Do you know what the necessary costs 5 Q." How do you know that's true? A. would be? A. BY MR.

We're the servicer. Look here at 7. It also says here that " . Q. Q. Bank National Association as Successor to LaSalle Bank National Association appointed these lawyers to prosecute the case? A..S.122 1 2 3 Q. 4 I don't know. How do you know that U. Yes. Serving the State of Florida (305) 376-8800 . Q." How do you know that U. Plaintiff is entitled to recover. Q. Bank National A. ." How do you know that's true? A. You don't know if it's true? No. Q. I t says "Plaintiff has 5 6 7 A. right? Right. You represent the Plaintiff as its 24 25 servicer? A. Litton Loans is the servicer. We represent the Plaintiff as the servicer.S. 8 9 10 11 12 13 14 15 16 17 appointed the undersigned as its attorneys to prosecute this suit and has thereby incurred reasonable attorney's fees. VeritextIFlorida Reporting Co. 18 19 20 21 22 23 Association as Successor to LaSalle Bank appointed the undersigned as its attorneys? A.

do you? A. The last sentence there says "Said fees are an additional indebtedness secured by the lien of the Mortgage. So you don't know if that statement is 4 5 6 Q. I don't know. secured by the lien of the Mortgage? Veritext/Florida Reporting Co. So you don't know if that statement is true. true? A. A. I don't know. I don't know. Form. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. I don't know. Q. BLEIL: Q. Q. how do you know that the Plaintiff 2 3 appointed this -A. Do you know what kind of fees would be Q. Objection. You don't know? No. 7 8 9 No. MS. You don't know if it's true? No." How do you know that statement is true? A. Serving the State of Florida (305) 376-8800 . Well. PRETE: BY MR. Q.123 1 Q. A. Do you know if anybody has incurred 10 11 reasonable attorney's fees? A.

A. Q. Yes. BLEIL: Objection. No. No. Form. Form. A. Do you have any idea what conditions 20 21 22 23 24 25 Q. 9 10 11 12 13 14 15 16 17 18 19 Q. NOw. Q. No. You don't know if it's true? No. Q. Serving the State of Florida (305) 376-8800 .124 1 MS. right? Conditions Precedent. you do know if it's true? MS. Do you know if there are any conditions VeritextiFlorida Reporting Co. 2 3 4 5 6 7 Q. that sentence there reads "Plaintiff 8 has complied with all conditions precedent to its right to foreclose. Number 8 looks like it's headed You see where I'm at. PRETE: THE WITNESS: BY MR. I don't know. BLEIL: Objection. Do you know if that statement is true? No. you don't know if it's true or yes. precedent would be necessary before a person forecloses? A. PRETE: THE WITNESS: BY MR. A. Q. I don't know. No." How do you know that statement is true? A.

You don't know what it is? MS. It's titled Receivership. A. 25 entitled to collect rents and pay the bills? Veritext/Florida Reporting Co. THE WITNESS: BY MR. THE WITNESS: BY MR. 16 17 18 19 Q. Do you know what a condition precedent 7 8 is? MS. Do you know what a Receiver is? No. Objection. PRETE: answered. BLEIL: No. Q. THE WITNESS: BY MR. BLEIL: Q. I'm looking at number 9 now. PRETE: Objection. Serving the State of Florida (305) 376-8800 ." How do you know that statement is true? A. Asked and 9 10 11 12 13 I don't know.125 1 2 3 precedent? MS. Asked and 14 15 answered. 20 21 22 23 24 I don't know. BLEIL: Q. Do you know if a Receiver would be Q. Objection. Asked and 4 5 6 I don't know. PRETE: answered. It says "The Mortgage allows for the appointment of a Receiver.

BLEIL: I don't know. it's titled Superiority of Plaintiff. I don't know. the next page 25 there. Did you look and try to figure that out 22 23 24 when you signed your Affidavit? A. Looking at number 10. Calls for a legal 12 13 14 15 16 17 18 19 Q. Do you know if the Plaintiff would have 2 3 4 5 to pay a Receiver to do something? A. I don't know. No. Have you seen any other Complaints where 6 7 8 9 it has this phrase in here that the Plaintiff can appoint a Receiver? A. Q. PRETE: conclusion. I don't know. THE WITNESS: BY MR. 10 11 the appointment of a Receiver? MS. Serving the State of Florida (305) 376-8800 . Q. A. I don't know. Q. Do you know if that statement is true? I don't know. Q.126 1 A. Q. VeritextIFlorida Reporting Co. Objection. Do you know if this Mortgage allows for Q. Is there anything that you might be able to look at in Exhibit B that would tell you if the Plaintiff could appoint a Receiver? 20 21 A.

PRETE: Objection. Q. A. 16 17 Have you ever heard that phrase before? No. Do you know what a lien superior in 12 13 dignity to the right is? MS. I don't know." How do you know that statement is true? 9 10 11 A. Q. Calls for a legal 14 15 No. the sentence there reads that "The 4 5 Mortgage of the Plaintiff is a lien superior in dignity to the right. No. Serving the State of Florida (305) 376-8800 24 25 Do you know what an inferior claim might . claim of lien or 6 7 8 interest of all the Defendants in this case. BY MR. You don't know if you've heard it? I don't know. BLEIL: Q. title. BLEIL: Q. THE WITNESS: BY MR. answered. MS. A. Asked and 18 19 20 21 22 23 Q. or any of them. be? VeritextiFlorida Reporting Co. PRETE: conclusion. Well.127 1 2 3 Any idea what superiority of the Plaintiff means in that phrase? A. Objection.

PRETE: THE WITNESS: BY MR. PRETE: THE WITNESS: Objection. BY MR. 15 16 17 A. Do you know if a condo association lien 25 would be superior in title? VeritextiFlorida Reporting Co. 12 13 14 I don't know. Form. Form. And you've never run into the situation 8 9 10 11 where you had a discussion about superiority of liens? MS. Objection. THE WITNESS: BY MR. You don't know i f you have? No. Yes. Serving the State of Florida (305) 376-8800 . BLEIL: Q. PRETE: conclusion. BLEIL: Q. Form. 22 23 24 I don't know. 4 5 You've been in the Mortgage biz for about 6 7 thirty years now. right? A. BY MR. Objection. Q.128 1 MS. Q. BLEIL: Q. BLEIL: Q. Calls for a legal 2 3 No. SO you might have? MS. 18 19 20 21 I don't know. PRETE: THE WITNESS: Objection. You don't know if you did or didn't? MS. I don't know i f I have.

3 I don't know. through and under any of the Defendants. their successors and assigns. devisees. Calls for a legal conclusion. title or interest of any unknown spouses." How do you know that statement is true? A. Objection. BLEIL: Q. and other unknown persons claiming by.129 1 2 MS. 20 21 22 I don't know. Calls for a legal I don't know. 4 5 Do you know if a homeowner association 6 7 8 9 claim would be superior in title? MS. VeritextIFlorida Reporting Co. Q. I think we talked earlier you don't know 23 24 25 when a devisee is. creditors of any such person's estate. are you. do you? A. No. heirs. THE WITNESS: BY MR. relevance. grantees. Looking at number 11 it reads "The 14 15 16 17 18 19 Plaintiff states that it is superior to any right. No. 10 11 You're not a lawyer. Q. BLEIL: Q. Serving the State of Florida (305) 376-8800 . PRETE: conclusion. Miss 12 13 Bailey? A. THE WITNESS: BY MR. PRETE: Objection.

I don't know. if you'll It No. there? A. title or interest in the subject property through a written or verbal lease agreement. BY MR. Q. THE WITNESS: BY MR. says "The property is in the 8 9 10 11 12 13 physical possession and control of Defendants. 5 6 7 read with me there. I'm looking at number 12 now. PRETE: Objection. and Unknown Tenant 2. Upon what do you base that statement MS. A. Do you know if Miss Austin was living 18 19 I don't know. Q. BLEIL: Q. Unknown Tenant 1.130 1 2 3 4 Q. Do you know if anybody was living there? I don't know. Serving the State of Florida (305) 376-8800 . Do you know if there were any tenants in 14 15 16 l7 this property when this lawsuit was filed? A. that you don't know that anybody was VeritextlF101ida Reporting Co. who may have some right. Asked and answered. Form. I don't know. Or grantees? MS. PRETE: Objection." How do you know that statement is true? A. 20 21 22 23 24 25 Q. Q. BLEIL: Q.

title or interest in a property that's in foreclosure? MS. THE WITNESS: BY MR. PRETE: BY MR. 25 . So you don't know if that statement is VeritextlFlorida Reporting Co. true. Calls for a legal 10 11 12 13 14 15 16 17 lease agreement in effect when this lawsuit was filed? A. I don't know. BLEIL: Q. 5 6 7 8 9 right. Serving the State ofFlorida (305) 376-8800 I don't know. Miss Bailey? If there was a lease agreement filed. Do you know why a tenant might have some Objection. So you don't know if that statement is 18 19 20 21 22 23 24 A. Q. right? A. Q. What don't you know. PRETE: conclusion. Q. BLEIL: Q. You don't know if it's true? I don't know.131 1 2 3 4 living there? A. Q. Objection. Form. A. You don't know what you base that statement on? MS. Do you know if there was any written I don't know. I don't know. Q.

I don't know. 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 MERS comes into this. Q. title or interest in and to the subject property pursuant to the Mortgage dated November 3. may claim some right. about Subordinate Mortgagee and it reads "Defendant. No. You don't know if it's true? No. Page 593. Q. Any idea where the subordinate mortgagee 18 19 20 21 22 23 24 25 might have come from? MS. 2006 and recorded December 11. How do you know it's true? I don't know. Inc.. I'm looking at 14. Q. A. here's number 14. as Nominee For People's Choice Home Loan. subordinate mortgagee? VeritextlFlorida Reporting Co. BLEIL: Q. PRETE: THE WITNESS: BY MR.." Just that phase of the sentence. I don't know. Do you know if there even is a Objection. Mortgage Electronic Registration Systems. Inc. Serving the State of Florida (305) 376-8800 .132 1 2 true? A. We see where It talks 3 Well. A. Q. I don't know. Form. 2006 in Official Records Book 43243. upon what do you base that statement? A.

Do you know if it's a junior." How do you know that statement is true? A. You don't know if it's true? No. No.133 1 2 3 4 5 6 7 8 A. Q. Q. I don't know. Page 593. inferior and subordinate to the Plaintiff and should be redeemed or foreclosed out pursuant to Florida law. Q. Q. do you? A. And it says here "Said Mortgage lien 18 19 20 21 22 23 24 25 interest is junior. Q. I don't know. Q. A. I don't know if it's recorded at that book and page. A. Q. I t says here i t was recorded in Book 43243. Serving the State of Florida (305) 376-8800 . So you don't know if this statement is true that it was recorded in Book 43243. I don't know. You don't know i f it's recorded at that book and page or you don't know if it's true? A. Q. I don't know. You don't know i f there is one? I don't know. A. No. You don't know i f it's true? I 9 10 11 12 13 14 15 16 17 don't know. inferior VeritextiFlorida Reporting Co. How do you know that's true? A.

Q. On what do you base the statement that it 16 l7 A. 10 11 No. don't know. Q. I don't know. How do you know that it's subordinate to 6 7 8 the Plaintiff? A. .134 1 2 3 and subordinate lien? A. I don't know. Q. 23 No. A. Can you use subordinate in a sentence? No. Serving the State of Florida (305) 376-8800 24 25 Q. You don't know if you've heard it before? No. A. Q. VeritextiFlorida Reporting Co. Q. Do you know what Florida law you're referring to? A. A. Do you know if that statement is true? I believe it to be true. I don't know. Q. Q. I don't know. Do you know what subordinate means in 9 that sentence? A. You don't know if it's a junior lien? I 4 5 don't know. 18 19 20 21 22 should be redeemed or foreclosed out pursuant to Florida law? A. Have you ever heard that word before? I 12 13 14 15 A. Q.

Q. So you base the veracity of this sentence 2 3 4 5 6 because it came drafted from your lawyers? A. Did you ever look at that chapter? No. Yes. PRETE: conclusion. Yes.135 1 Q. Q. to it? MS. Q. So you relied on the information of a third party when you made this statement? A. I'm looking here at the next page at a Do you know what 12 13 14 pretty long Wherefore clause. Calls for a legal No. Chapter 45 Florida Statutes is? MS. A. Upon what do you base that belief? It comes from the law firm. THE WITNESS: BY MR. THE WITNESS: Objection. 15 16 17 18 19 20 21 22 23 24 25 Objection. Serving the State of Florida (305) 376-8800 . Q. PRETE: answered. Veri text/Florida Reporting Co. Did you do anything to independently 7 8 9 10 11 verify that that statement was true? A. No. Asked and I don't know. BLEIL: Q. Do you know if that chapter has a title Q. A.

including reasonable attorney's fees. A. Form. 16 17 18 19 BY MR. Q." Upon what do you base that statement? MS. Q. Correct. A. PRETE: Objection. PRETE: Objection. This Wherefore clause reads "Wherefore. BLEIL: Q. 13 14 15 Q. How do you know that statement is true? I don't know. Form. 12 I don't know. 2 3 4 5 You don't know if it has a title. Calls for a legal 22 23 24 25 conclusion. 6 Plaintiff prays that an accounting be taken for what is due to the Plaintiff. You don't know how it's true. THE WITNESS: BY MR. Have you ever heard that word before? Veritext/Florida Reporting Co. and for the appointment of a 7 8 9 10 11 receiver should one be necessary. Do you know what a Lis Pendens is? MS. No. is that correct? A. do you? No. PRETE: THE WITNESS: BY MR.136 1 BY MR. BLEIL: Objection. BLEIL: Q. MS. Serving the State of Florida (305) 376-8800 . BLEIL: 20 21 Q.

through or under them in said property to the filing of the Lis Pendens forever foreclosed of all right. 23 24 25 Q. So it could be false? I don't know. Did you ask anybody what that meant when 6 7 8 you signed your Affidavit? A. Q. . Do you know if it is true? I don't know. A. Q. title. Wherefore clause? A. equity redemption or lien in and to said property. You don't know if it's true or not. I don't know. I do. VeritextlFlorida Reporting Co. Do you see it here in the middle of the 2 3 4 5 Q. I'm reading the sentence here and it says 9 10 11 12 13 14 15 16 17 "Plaintiff further prays that Defendants herein and all parties claiming interest by. I don't know. A." How do you know that statement is true? A. interest. Serving the State of Florida (305) 376-8800 Q. No. A. or Q. 18 19 20 21 22 you don't know how it's true? A. I don't know how it's true.137 1 A. You don't know if it's true? I don't know. Q.

sale are insufficient to pay the Plaintiff's claim. Q. A. I t could be true. PRETE: BY MR. A. you were saying you don't know if I'm saying what don't you know? 12 13 14 it's true or false. Objection. You don't know whether it's true or do you? MS. Form. PRETE: BY MR. 4 5 6 7 MS. false. 10 11 BY MR. Serving the State of Florida (305) 376-8800 25 . a deficiency judgment if allowed unless any originators or individuals assuming the debt or guarantee have been discharged pursuant to a federal bankruptcy action. Q. I don't know. Q. What don't you know? What's the question? Well." How do you know that statement is true? A. PRETE: THE WITNESS: Objection.138 1 2 3 MS. 8 9 I don't know. BLEIL: Q. right? Form. 15 16 17 18 19 20 21 22 23 24 I don't know if it's true or false. BLEIL: Q. It says here "Plaintiff demands judgment if the proceeds of the foreclosing the mortgage and. Do you know what a deficiency judgement VeritextiFlorida Reporting Co. Objection. Form. BLEIL: Q.

9 10 11 what a deficiency judgment is? A. Did anyone ever call and ask you about a 24 25 deficiency judgment? VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . A. Yes. Do you have any idea what that means. Form. BLEIL: Q. something? MS. MS. PRETE: conclusion. Was it People's Choice or 17 18 19 20 21 22 23 Objection. Form. PRETE: BY MR. PRETE: Objection. BLEIL: Q. Q. Do you remember we were talking about that when you were called a supervisor and they'd call and ask questions about taxes? Do you remember that conversation we had a little earlier? A.139 1 2 3 4 is? MS. No. Did anyone ever call you when you were it wasn't Litton 14 15 16 working for that one department but it was the one before. 5 6 7 8 Can you use that in a sentence? No. 12 13 BY MR. BLEIL: Q. Q. Calls for a legal No. THE WITNESS: BY MR. Objection.

have a better idea of what jurisdiction is now. A. No. MS." How do you know that statement is true? 9 10 11 A. do you? A. Q. You don't 12 13 14 We talked about jurisdiction. Q. Yes. right? 2 3 4 5 6 BY MR. PRETE: THE WITNESS: Objection. Serving the State of Florida (305) 376-8800 Objection. Do you know why the Court would retain 15 16 17 18 19 20 21 22 23 24 jurisdiction and enter orders and judgments necessary? MS. That was a number years ago. PRETE: conclusion. I don't know. You don't know if it's true? VeritextiFlorida Reporting Co. Calls for a legal No. No. BLEIL: Q. Q. This last sentence of the Wherefore says 7 8 "The Court should retain jurisdiction to enter all orders and jUdgments necessary for the complete resolution of all claims between these parties. Form. THE WITNESS: BY MR. Q. 25 .l40 1 A. So do you know if that statement is true? I don't know. BLEIL: Q.

9 10 11 12 13 talks about Reestablishment of Lost Note and Mortgage. You don't know if it's true? VeritextiFlorida Reporting Co. Q. Q. BLEIL: Q. 19 20 21 22 23 24 25 What don't you know? If they have jurisdiction. Q. You don't know if it's true. You see where I'm at. THE WITNESS: BY MR. It A. And we see that word jurisdiction again.141 1 2 3 A. PRETE: conclusion. Q. Serving the State of Florida (305) 376-8800 . What don't you know? If it's true. A. Yes. Calls for a legal 18 I don't know. 4 5 6 7 8 BY MR. PRETE: Objection. MS. BLEIL: Q. We're going to look here at Count II. I don't know. I don't know. Objection. Form. do you? I don't know. Q. true? A. 14 15 16 l7 Do you know if the Court has jurisdiction by virtue of Count I? MS. So you don't know if that statement is A. right? A.

S. F. What don't you know? How it's true. Calls for a legal No. You don't know if it's true? I don't know. Did you ever look at Florida Statute 12 13 A.3091. Yes.you see where I'm at. F. it says here. it goes 2 3 4 5 6 into Lost Note and Mortgage and it says -.142 1 A. Serving the State of Florida (305) 376-8800 . the following facts are set forth for the reestablishment and enforcement of lost. Q. Q. Q. It says "Pursuant to Chapter 71. right? A. I don't know. Well. Q. Q. or stolen Note and Mortgage. No. THE WITNESS: Objection. destroyed. 7 8 9 10 11 (1989) and 673. That's right. " How do you know that statement is true? A. Do you know what that 1989 in parentheses MS. Do you know if it's true? I don't know. Q. Chapter 7l? A. 14 15 16 17 18 19 20 21 22 23 24 25 means? A. A. number 16. Q.S. PRETE: conclusion. VeritextIFlorida Reporting Co.

No. A. BLEIL: Q. 10 11 Do you know why this Clause number 16 is 12 here in this lawsuit? A. Did you ask your lawyers? No. destroyed or stolen Note and Mortgage? MS. 7 8 9 Objection. PRETE: THE WITNESS: BY MR. A. Did you ever look at Florida Statute 673. 13 14 15 16 17 No. PRETE: conclusion. Do you know why someone would want to reestablish a lost. Serving the State of Florida (305) 376-8800 Objection. A. No.143 1 2 3 4 5 6 BY MR. Do you know 18 19 20 21 22 23 24 25 who can reestablish a lost Note or instrument in the State of Florida? MS. I'm looking at number 7 now. Q. BLEIL: Q. Q.3091? A. Did you ask anybody why? No. Form. Calls for a legal . Q. BY MR. BLEIL: VeritextiFlorida Reporting Co. Did you ask your supervisor? No. Q. Q.

Q. Do you know if that's an accurate statement? A. I don't know. Do you know if it's true? I don't know. I'm sorry. because they're the Plaintiff. PRETE: Objection. I don't know if that's the 12 13 14 15 16 17 18 19 20 21 22 23 24 A. right statement there. Q. PRETE: THE WITNESS: BY MR. A. party.144 1 Q. Miss Bailey. A. Serving the State of Florida (305) 376-8800 . BLEIL: Q. What don't you know? How that's true." How do you know that statement is true? It says here "Plaintiff is an interested The same objection. No. Number 17. Q. 2 3 4 5 6 Number 17 there. Do you know who can reestablish a lost or stolen Note in the State of Florida? MS. 7 8 9 10 11 A. Q. I don't know. MS. What is an interested party in that sentence? A. You don't know if it's true? I don't know. Calls for a legal 25 Veri text/Florida Reporting Co. Yes. Q.

Have you seen other lawsuits that have 20 21 this count in it? A. In the servicing system. Q. A. Q. You don't know if you've seen other ones? I don't know if I've seen other ones. How do you know that they were the current owner at the time the Note was lost or destroyed? A. 2 3 BY MR. No. Did you look to see where this Note could 17 18 19 be? A. Q. BLEIL: Q. Q. is this the VeritextiFlorida Reporting Co. Can you use an interested party in a 4 5 6 sentence? A.145 1 conclusion. Q. Serving the State of Florida (305) 376-8800 25 . No. system. That's what we have in our servicing 9 10 11 12 13 14 15 16 Where would you look to get that information from? A. We have it in our supervising system. So upon your recollection. Q. How do you know that they're the current 7 8 owner? A. 22 23 24 I don't know. Q.

Q. right? MS.146 1 2 3 only lawsuit you've seen that has a count to reestablish a lost Note and Mortgage in it? A. How many did you say you saw earlier? I didn't know. I don't know. But you've seen hundreds of these That's what you said before. A. Form. possession of the Note when it was lost? A. So it could have been more than a 14 15 16 17 18 19 hundred. Q. 4 5 6 7 8 Mischaracterization. I don't know. 20 21 22 23 24 25 I don't know. yes. MS. A. What don't you know? I don't know if I've seen other ones with 9 10 11 12 13 Complaints. PRETE: THE WITNESS: BY MR. How do you know that the Plaintiff was in Objection. right? right? A. I've seen Complaints before. Serving the State of Florida (305) 376-8800 . that in it. Q. A. Q. BLEIL: Q. VeritextIFlorida Reporting Co. BY MR. BLEIL: Q. Do you think it was more than a hundred? I don't know. PRETE: Objection.

12 l3 Do you know what the word enforce in 14 15 16 17 18 19 20 21 22 23 24 25 this sentence means? A. 2 3 4 A. do you? No. Do you know if that statement is true? No. A. Can you use the word enforced in a A. VeritextiFlorida Reporting Co. Have you ever heard the word enforced before? A. BLEIL: Q. sentence? A. PRETE: conclusion. Yes. THE WITNESS: BY MR. BLEIL: Q. PRETE: Objection. Who would be entitled to enforce a lost 8 9 Note. Did you ask your boss what it meant? No. MS. No. BLEIL: Q. I don't know. Form. 5 6 7 BY MR. Q. Calls for a legal 10 11 I don't know. MS. Q. Objection. Form. MS. No. Objection.147 1 Q. PRETE: BY MR. Serving the State of Florida (305) 376-8800 . You don't know if it's true. Q.

20 21 22 23 24 25 You didn't know if this Note was lost when you signed the Affidavit. Serving the State of Florida (305) 376-8800 . Form. Was it at work? I don't know. 4 5 A. I don't know if you can get a paper copy. Q. I don't know. Would it make sense that you can't get a A.148 1 Q. did you? A. Q. Q. right? MS. VeritextiFlorida Reporting Co. Q. Q. Have you ever requested a paper copy of the Note when you were working for Litton Loan? A. information. Q. You don't know i f you've seen it? It's in our servicing system. the Not the Note. 11 12 l3 I don't know. How do you know that the Plaintiff was in 2 3 A. Where? Don't know. 6 7 8 9 possession of the Note when the loss of possession occurred? A. 14 15 16 paper copy of the Note because it's lost. I don't know. Did you actually ever see the physical 10 Note? A. Not me. BLEIL: Q. PRETE: THE WITNESS: BY MR. 17 18 19 Objection.

Objection. Q. Objection. Form. Form. I don't know. THE WITNESS: BY MR. A. MS. do you? No. PRETE: BY MR. BLEIL: Q. PRETE: conclusion. I t could have been in the past year then? 8 9 A. Serving the State of Florida (305) 376-8800 18 19 20 21 22 23 24 Objection. 12 13 You have seen the Note in the last month? MS. BLEIL: Q. Form. I have. Q. Do you know what venue is? MS. PRETE: THE WITNESS: Objection. PRETE: THE WITNESS: BY MR. Was i t in the past year? I don't know.149 1 Q. You don't know. 25 . I don't know. BLEIL: VeritextiFlorida Reporting Co. Q. 14 15 16 17 I don't know. BY MR. 10 11 MS. Have you ever looked at a paper copy of 2 3 the Note? A. BLEIL: Q. When was the last time you saw a paper 4 5 6 7 copy of the Note? A. Calls for a legal No.

You take it as the gospel truth because it's here in the Complaint? MS. Q. Q. I don't know. Q. A mischaracterization of the witness's earlier testimony. Form. So you don't take it as the gospel truth. So you don't know if that statement is 7 8 9 10 11 12 13 You're relying on your lawyers for that statement. Q. how do you know that statement is true? A. I didn't find out if it's true. Yes. We have attorneys for that. THE WITNESS: BY MR. what did you do to find out if that 14 15 16 17 18 19 20 21 22 23 24 25 statement is true? A. true. You don't know if you're relying on your lawyers for that statement? A. No. Well. How do you know that this statement that 2 3 4 5 6 the Mortgage was recorded as above described and therefore venue is proper in this county. VeritextiFlorida Reporting Co. PRETE: Objection. BLEIL: Q. right? MS.150 1 Q. we rely on our lawyers. right? A. PRETE: Objection. Serving the State of Florida (305) 376-8800 .

Me personally. No. Did you look for the original Note? No. Serving the State of Florida (305) 376-8800 . 14 15 16 17 Did you ever ask anybody to for you? No. 8 9 10 11 12 13 "The above-described Note and Mortgage have been lost and are not in the custody or control of the Plaintiff. Did you do anything? No. have Hey. number 18? A. A. Q. did anybody look for 18 19 20 21 22 23 24 25 you? you ever asked anybody: this thing? A. this venue statement. Q. Q. I'm looking here at number 19. No. It reads A. A. did MS. no. In all the Affidavits you've signed.151 1 2 3 THE WITNESS: BY MR. PRETE: answered. Q. Q. Asked and VeritextiFlorida Reporting Co. BLEIL: Q. What did you do to see if this statement 4 5 6 7 was true or not. Objection. Q. And you never looked on your own. I don't know. It's in our servicing system." How do you know that statement is true? A.

VeritextiFlorida Reporting Co. MS. I don't know. BLEIL: Q. 11 12 13 file room there. No. Do you know if you have an off-site storage facility? A. BLEIL: Q. 4 5 6 7 dig through the file room. Q. Objection. A. Objection. No. A. Did you ever ask your boss where all 19 20 21 22 23 24 25 these papers are that are on the computer screen? A. You don't even know if you all have a right? I don't know. No. PRETE: BY MR. No. PRETE: THE WITNESS: BY MR. Form.152 1 THE WITNESS: BY MR. 14 15 16 17 18 MR. Q. When you look at the computer screen. BLEIL: Q. Q. A. Did you ever ask anybody? No. A. Serving the State of Florida (305) 376-8800 Q. 2 3 You didn't look on your own in this case? No. 8 9 10 That would be someone else's job? I don't know. Q. It's not part of your job to go down and is it? Form. .

153 1 2
3

does it have exactly a copy of the documents or is it a summarization?
A.

A summarization of whether or not we have

4
5

the Note. Q. Where would you look on the computer

6
7
8

screen to see if you have a Note or not?

A.
Q.

In the servicing system. Well, you talked before about how there right?

9 10
11

are a number of pages,
A.

Yes. On the screens that come up? Yes. Do you remember particularly what screen

Q.
A.

12
13

Q.

14

you would find that information as to whether that Note is in the possession of the Plaintiff or not?
A.

15

16
17

Yes, comments. What would be a typical comment that

Q.

18 19 20 21 22 23 24 25

would show that it was not in the possession of the Plaintiff anymore? MR. PRETE: THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Form.

Would you rephrase that?

Yes.

You mentioned that you look at the

comments and you get that information from the comments.
VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

154 1 2
3

What would the comments say that would indicate that the Plaintiff is not in possession of the Note and Mortgage? A.
Q.

4 5

Unavailable at this time. Is that what it always says, unavailable

6
7 8

at this time? MS. PRETE: THE WITNESS: BY MR. BLEIL:
Q.

Objection. Yes.

Form.

9 10
11

What else could it say? I don't know. Do you remember what else it said? No. How many of those screen captions do you

A.
Q.

12
13

A.

14 15 16
17

Q.

look at a day? A. Q. A. Q. I don't know. Maybe a dozen? I don't know. SO it could be a dozen? MS. PRETE: THE WITNESS: BY MR. BLEIL: Objection. Form.

18

19
20 21 22
23

I don't know.

Q.

Well,

if you didn't look for the Note, do

24 25

you know anybody that might have?
A.

I don't know.
VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

155
1

Q.

Do you know if there's a department in

2 3
4

the directory that says location of lost instruments?

A.
Q.

I don't know. But there's an entry in that journal, or that has original records

5 6 7
8
9

call it whatever it is, custodian.

Did you ever think about calling him to see if he might have this? MS. PRETE: THE WITNESS: BY MR. BLEIL: Objection. Not me. Form.

10
11 12 13 14 15 16
17

Q.

Do you know if anybody else called that Hey, do you

original records custodian and said: guys have this thing?

A.
Q. call?

I don't know. You don't know if you ever made that

18 19

MS. PRETE: THE WITNESS: made the call. BY MR. BLEIL:

Objection.

Form.

I don't know if anyone

20
21 22 23 24 25

Q. A. Q.

Have you ever made a call like that? No. The sentence here also reads "The time

and manner of the loss is that the subject Note and
Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

156 1 2 3 4
5
6 7 8

Mortgage were lost or disappeared under unknown circumstances after Plaintiff became the holder thereof." How do you know that statement is true?

A.
Q.

I don't know. What don't you know? Whether that statement is true. So it could be false? I don't know. MS. PRETE: Objection. Form.

A.
Q.

9

A.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be?

BY MR. BLEIL:

Q.

Well, if it's not true what else could it

MS. PRETE: THE WITNESS: BY MR. BLEIL:

Objection.

Form.

I don't know.

Q.

Let's step back for a minute because you

can appreciate the fact that some statements are true, right? A. Sure. Like if I were to say that what you're

Q.

looking at is Exhibit B to the deposition, that would be a true statement, right? MS. PRETE: THE WITNESS: Objection. Form.

I don't know.

VeritextIFlorida Reporting Co. Serving the State of Florida (305) 376-8800

Q. PRETE: BY MR. Q. BLEIL: Q. Yes. Yes. You were here before in the deposition You 6 7 8 whenever I asked this to be marked as Exhibit B. that would be false. Yes. BLEIL: Q. Q. MS. 12 13 14 15 16 17 18 19 20 21 Magazine that you're looking at. So you appreciate the difference between 22 23 24 25 true and false statements? A. Form. Q. Q.157 1 BY MR. No. How do you know that the Plaintiff was VeritextIFlorida Reporting Co. Counsel and I substituted that. So you know that this is Exhibit B. So that would be a true statement? Yes. A. right? A. remember that happening. right? A. Exhibit B? You don't know if you are looking at 2 3 4 5 A. If I were to say this is a copy of Time Objection. Right. Serving the State of Florida (305) 376-8800 . right? A. We 9 10 11 agreed to substitute the nonmarked for the marked.

Q. How do you know when the Plaintiff became 5 6 7 the holder of it? A. Serving the State of Florida (305) 376-8800 . system. BLEIL: Q. Do you know if this particular Note was It says so in the servicing system. Asked and 15 16 17 18 19 20 BY MR. In the servicing system. VeritextIFlorida Reporting Co. Where would you look in that computer system to find out if they were the holder when it was lost? 21 22 23 24 25 A. Yes. Then how do you know if they were the 8 9 holder of it when it was lost? A. I don't know.158 1 2 3 4 the holder of this Note and Mortgage whenever they were lost? A. You're relying on that information to find out whether they were the holder of the Note. That's what it says in our servicing 10 11 Q. It says so in our servicing system. answered. MS. So you're relying on that information in right? 12 13 14 that servicing system again. PRETE: Objection. lost? A. Q. Q. A.

I'm not asking if it's in here. And you can 5 6 7 8 remember that sitting here today that it said that? A. BLEIL: Q. It says here that "The Mortgage attached as Exhibit A is a true copy of that lost or destroyed document. Yes. 19 20 21 22 23 24 25 BY MR. How do you know that? You have a 2 3 4 recollection of looking in the servicing system in this case and it said lost Note? A. It's in here. I don't remember the 14 15 16 17 18 Do you remember if it said Mortgage lost? MS. BY MR. PRETE: THE WITNESS: exact moment. Q. I don't. Objection. How do you know that statement is true? Veritext/Florida Reporting Co. PRETE: THE WITNESS: Objection. No. right? A." That's what it says there. Or something like that. that's what it says.159 1 Q. You can 9 10 11 12 13 remember sitting and looking at that particular screen capture whenever you signed the Affidavit and it said Note lost? MS. Something like that. No. Form. BLEIL: Q. Q. Serving the State of Florida (305) 376-8800 . Q. Form.

I don't know. Serving the State of Florida (305) 376-8800 . 6 7 8 Do you remember doing that Yes. I think if you turn two pages ahead I from where we are I think you might see Exhibit A. Q. 5 this document before when we were looking for an Assignment. right? you looked at it when you signed the Affidavit? VeritextlFlorida Reporting Co. What don't you know? Whether that statement is true. Q. right? 22 23 24 25 A. And you printed out something like twenty You printed all that out and some pages here. Q. Was this attached to the Complaint when 18 19 you looked at it? A. 16 17 Yes. right? earlier? A. from where we were in the Complaint. Q. I did. you leafed through 2 3 4 A. Because you said earlier that you printed 20 21 out the Complaint from the computer system. Can you leaf through there and find I might be able to make it a I'm not asking you a 9 10 11 12 13 14 15 Exhibit A for me? little bit easier for you. Have you seen this before? A. Q. Well. if I might ask.160 1 A. mean. Q. Yes. trick question.

And for each of those Affidavits did you look at the Complaint? A. It's a document we have a copy of. Q. I don't know if it's true. Q. VeritextlFlorida Reporting Co. Well. They're all different. I don't know. 8 9 Any Affidavit? Did you sign any Affidavits of 10 11 12 13 14 15 16 17 18 Q. It's the document we have. I don't know. Yes. An Affidavit. Well. Q. Q. I don't know. Q. Serving the State of Florida (305) 376-8800 . I'm sure I did. How long does it take you to look through 19 20 21 22 23 24 25 Q. how do you know that what was attached here as Exhibit A is a true copy of that lost or destroyed document? A. A. Q. a Complaint? A.161 1 2 3 4 5 A. give me a ballpark. right. An Affidavit? Yes. this stuff? Yes. Indebtedness last week? A. A. Well. How long did it take you to look at all A. didn't you testify you signed an 6 7 Affidavit some time last week? A.

A. Q. Serving the State of Florida (305) 376-8800 . Did you see the original paper Mortgage 2 3 4 Q. Because you never saw the original paper right? I don't know. I don't know. talked about leafing through pages before. copy of the one that was lost? A. Did you look at it when you signed your Q. Affidavit? A. This is the same servicing system you 10 11 Q. Q. 8 9 A copy. 13 14 15 16 17 18 Q. Mortgage. Right. Veritext/Florida Reporting Co. So are there exact screen duplicates of this Mortgage in your servicing system? A. A. Where did that copy come from? From our servicing system. right? A. 5 6 7 in this case? A. So you looked at a copy of it? Yes. How do you know that that was an exact Yes. 12 Q. Yes.162 1 Q. Did you look through all sixteen pages of 19 20 21 22 23 24 25 Q. A. it? A. It's the only one we have.

But the original is lost. BLEIL: Q. It's the only copy we have. Q. Why else would there be a count In here 24 25 to reestablish a lost Mortgage? VeritextiFlorida Reporting Co. right? MS. It's the only one you have. THE WITNESS: BY MR. BY MR. But I'm asking That's all we have. PRETE: answered. The original Mortgage was lost? I believe so. But how do 2 3 you know it's an exact copy? MS.163 1 Q. PRETE: Objection. Serving the State of Florida (305) 376-8800 . It might be all you have. Objection. BY MR. Q. Asked and 4 5 6 7 8 A. But how do you know that that's a copy of Objection. Form. 9 10 11 what was signed at the closing in 2006? MS. BLEIL: Q. Do you know if it's a true copy of what was signed at the closing in 2006? A. Q. Based on what we have. A. Asked and 12 13 14 15 16 17 18 19 20 21 22 23 how you know it's a true copy. BLEIL: Q. You can answer. PRETE: answered.

14 15 16 17 18 Because it's kind of counterintuitive.164 1 A. BLEIL: Q. BLEIL: Q. PRETE: Objection. wouldn't you? A. If you have the original. 9 10 11 Do you have any idea why someone would 12 l3 try to reestablish something that they have? MS. PRETE: THE WITNESS: BY MR. Because if you had the Mortgage you That's a common sense 6 7 8 wouldn't have to reestablish. BY MR. Form. you don't have to reestablish it. I don't know. What don't you know? VeritextlFlorida Reporting Co. Form. BLEIL: Q. Objection. Q. Calls for a legal 2 3 4 5 conclusion. 19 20 21 MS. right? MS. I don't know. PRETE: THE WITNESS: BY MR. PRETE: THE WITNESS: BY MR. MS. Objection. Form. I don't know. BLEIL: Q. 22 23 24 25 You don't have to use the copy. thing. right? Objection. You would use the original. Serving the State of Florida (305) 376-8800 . No. Okay.

I don't. Q." How do you know that sentence is true? A. Well. PRETE: conclusion. Objection. Whether you use the original or the copy. BLEIL: No. this sentence here. Q. I'm not an attorney. Q. Complaint. What don't you know? Whether that statement is true. No. 18 19 20 21 22 You testified earlier that you looked at this Mortgage document? A. Q. Do you have any idea why this count is in 2 3 4 this lawsuit? MS. Calls for a legal 5 6 7 8 Q. Serving the State of Florida (305) 376-8800 . But you don't remember how long it takes 23 24 25 you to look at the Mortgage document when you sign Affidavits of Indebtedness. THE WITNESS: BY MR. VeritextiFlorida Reporting Co. I don't know. right? A. Miss Bailey. number 19. 9 10 11 12 13 14 reads "The persons named in the Complaint are the only persons known to Plaintiff who are interested for or against such reestablishment. I want to turn your This is attached to the 15 16 17 A. Yes.165 1 A. attention to Exhibit A here.

Did you ever work for People's Choice Inc.. Home Loan. Serving the State of Florida (305) 376-8800 . Asked and 5 6 7 Q." Do you know what People's Choice Home Loan. Asked and VeritextIFlorida Reporting Co. is? No. Do you know what their line of work is? MS. Objection. Do you know what they're in the business Q.? No. THE WITNESS: BY MR. 19 20 21 22 23 24 25 Q. A. BLEIL: No. Inc. And you don't remember how many 2 3 4 Affidavits you sign a day? MS. PRETE: Objection. Q. No. A. I don't know. of doing? A. PRETE: answered. I'm going to draw your attention to the Down on the bottom or near the 8 first page here. business now? A.- 9 10 11 12 13 14 15 16 17 bottom it's got something there that looks like (D) and then it says "Lender is People's Choice Home Loan.166 1 Q. Do you know if they're even doing 18 Q. Inc.

I have. Do you know what an originator of a loan Objections.I' 167 1 answered. But you signed Assignments. No. MERS? You've done that before. 15 16 17 18 19 20 21 22 23 24 Do you know if you ever signed any Assignments that go from an originator to a subsequent -. is? MS. Q. right. Call for a legal No. PRETE: answered. right? A. 9 10 Do you know who the originator of this 11 12 13 14 No. Mortgage is? A. THE WITNESS: BY MR. BLEIL: Veri text/Florida Reporting Co. Yes. 2 3 4 5 6 She doesn't know who they are. 25 . right? A. THE WITNESS: BY MR. Serving the State of Florid a (305) 376-8800 I don't know. 7 8 THE WITNESS: BY MR. BLEIL: Q. Objection.you mentioned like from a so-and-so to so-and-so. PRETE: conclusion. Asked and No. BLEIL: Q. for Q. Do you know where they're located? MS. Q.

Serving the State of Florida (305) 376-8800 . PRETE: quick break again? MR. A. BLEIL: Q. we I think 15 16 17 18 19 were looking at Exhibit A in that Mortgage. Objection. a brief recess was taken. BLEIL: a break. Miss Bailey.168 1 Q. documents. Q. Miss Bailey. Asked and 6 7 No. a copy of a Note? A. VeritextiFlorida Reporting Co. you saw an Adjustable Rate Rider. You kind of right? Yes. I don't think I see one. We can definitely take 10 11 12 13 14 I think when we stopped. Could we take a 8 9 Sure. we were talking about People's Choice Horne Loan and you said you don't know who they were. I'm sorry. Can you look through this Exhibit A and 20 21 22 23 24 25 can you tell me if there's a Note here. you've been in the mortgage 2 3 4 5 business for thirty years and you don't know what an originator of a loan is? MS. PRETE: answered. (Thereupon. remember where we were at. after which the following proceedings were had:) BY MR. THE WITNESS: MS. Q. When you looked through some of the right.

Yes. Say that again. Mortgage. whenever you sign the Affidavit. remember seeing those in there? A. Q. Do you Yes. If we look back at Count II. maybe I should back up a second here. First of all. Yes. Q. And you particularly looked at this 10 11 12 13 particular Note and Mortgage? A. or a copy of it. Do you remember if you saw a Note when you were looking at this attachment to the Complaint when you signed the Affidavit? A. Q. Q. Now. Q. Because I'm kind of looking here. we look at reestablishment of Lost Note and Mortgage. you testified that you look at this A. Was this Exhibit A attached to the VeritextiFlorida Reporting Co. right? A. But you don't see a copy of the Note? I don't see a copy of the Note. I don't know. Q.169 1 2 3 4 5 6 7 8 9 and a Planned Unit Development Rider. Serving the State of Florida (305) 376-8800 . When you signed the Affidavit. was this 14 15 16 17 18 19 20 21 22 23 24 25 Mortgage attached to the Complaint? A.

BY MR. I don't remember. So when you look back at Paragraph 19 of 5 6 7 8 9 the Complaint when you say Mortgage attached as Exhibit A is a true copy of that lost or destroyed copy. I remember reviewing the 19 20 21 22 23 Q.170 1 2 3 4 Complaint that you reviewed? A. attached? But you don't remember if it was A. 12 13 14 Why would you say it was true that the 15 16 17 18 Mortgage was attached if you can't remember if it was or not? MS. Form. Q. Serving the State of Florida (305) 376-8800 24 25 . do you? MS. I remember reviewing it. you don't remember if anything was attached to the Complaint. 10 11 I remember reviewing the I don't Mortgage along with the Complaint. BLEIL: Objection. Form. A. PRETE: THE WITNESS: Objection. PRETE: THE WITNESS: Mortgage. BLEIL: Q. BY MR. VeritextlFlorida Reporting Co. I don't remember if it was attached. Q. Do you remember looking at a Note? I don't remember. know if it was attached.

Q. BLEIL: Q. Serving the State of Florida (305) 376-8800 . Did you ask your supervisor about it? No. looking at Exhibit A I see MERS And Ie) it says here "MERS is Mortgage MERS is a here again. you might want to know it? MS. did you? VeritextiFlorida Reporting Co. 16 17 18 No. Q. And you didn't mention anything to your boss about MERS being a Defendant here. Inc. No. Objection. Did you ever ask anybody what that means? No. Electronic Registration Systems." As a secretary of MERS. Form. 14 15 call someone at MERS and ask why are you guys here on this Mortgage? A. Did you ever think to call them and say: 19 20 21 22 23 24 25 Hey. Q. 6 7 8 9 No.171 1 2 3 Q. 4 5 separate corporation that is acting as a nominee for Lender and Lender's successors and assigns. 12 13 A. Q. PRETE: THE WITNESS: BY MR. Well. Did you ever pick up the phone and try to 10 11 A. do you know what it means for MERS to act an nominee for Lender and Lender's successors or assigns? A. I think you're a Defendant in this lawsuit.

3 4 5 6 7 8 9 It didn't seem strange to you at all that MERS was a Defendant in a lawsuit? MS. Yes. I don't know. A. Form. Serving the State of Florida (305) 376-8800 . I don't know the legal term. 10 11 12 13 14 15 16 17 18 19 Q. BLEIL: Q. Do you know who the Defendant in this Calls for a legal conclusion. lawsuit is? A. BLEIL: Q. Q. Objection. PRETE: THE WITNESS: BY MR. BLEIL: Q. No. isn't that You never thought: strange that MERS is a Defendant and signing all the VeritextiFlorida Reporting Co. Boy. It's right The Defendant is Joyce Austin.172 1 2 MS. What is a defendant? MS. Q. Form. here. And there are some others? And some other people. And you see where MERS is listed as a 20 21 22 23 24 25 Defendant in this lawsuit? A. I see that. Objection. PRETE: THE WITNESS: BY MR. PRETE: THE WITNESS: BY MR. No. Q. A. You don't know what a defendant is? No.

A. Yes. A. Relevance. Q. Q. no. No. Q. PRETE: THE WITNESS: BY MR. Have you seen Monica? Yes. No. did you swear to this Affidavit under oath? A. Look here at the last page. A. VeritextiFlorida Reporting Co. Do you know Monica? Not personally. Yes. Miss 6 7 8 9 a minute. Did you sign 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this Affidavit in front of a notary? A. Objection. Form. Q. A.173 1 2 3 Assignments for them? MS. 4 5 I want to jump back to your Affidavit for When you signed this Affidavit. BLEIL: Q. No. PRETE: THE WITNESS: BY MR. I would say from the name we can presume Would you agree with me there? she is a woman. Can you describe what she looks like? MS. Q. Bailey. that we marked as Defendant's Exhibit A. Serving the State of Florida (305) 376-8800 . BLEIL: Q. Objection. Who was the notary on this? Monica Hardaway.

5 6 A. Q. Does she wear glasses? I don't remember. BLEIL: Q. 10 11 12 13 14 15 16 I don't know. PRETE: THE WITNESS: Objection. VeritextiFlorida Reporting Co. THE WITNESS: BY MR. tall woman. MS. BY MR. Was it last week? MS. Q. When was the last time you saw Monica? I don't remember. I don't A. A woman. So it could have been last week? MS. remember. BLEIL: Q. 7 8 9 BY MR. Serving the State of Florida (305) 376-8800 .174 1 Q. I don't remember. Where were you when you signed this Affidavit? Let me rephrase that. BLEIL: Q. 19 20 I want to get into a little bit about how 21 22 23 24 25 these notaries are done. Asked and 17 18 answered. PRETE: Objection. Where were you siting when you signed this Affidavit? A. A. Form. What does she look like? Give me a 2 3 4 general physical description of her. Form. PRETE: Objection. At my desk.

oath? A.175 1 2 Q. Q. BLEIL: Q. No. 3 4 Q. I don't remember. was conversing with you at all? A. BY MR. A. BLEIL: VeritextiFlorida Reporting Co. Do you know if Monica swore you under 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But i t says here "Sworn to and subscribed before me this 16th day of December 2008. . Did Monica say anything to you? MS. She didn't swear you under oath? No." Do you know if you have to show identification to a notary if you're personally known to them? MS. Form. Q. 5 I don't know what you mean 6 7 8 by that. You're sitting there at the desk signing On this day do you remember if Monica 9 10 11 the Affidavit. I had to show her ID. A. Q. Serving the State of Florida (305) 376-8800 Objection. Where was Monica? At my desk. PRETE: THE WITNESS: BY MR. Form. PRETE: THE WITNESS: Objection. Rephrase. You have to show ID. personally known to me.

No. A. A. Not that I remember. Do you remember the last time you saw 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. A. Well. has Monica 8 9 ever notarized any other Affidavits of Indebtedness for you? A. MS. And did she put you under oath? Did she 4 5 6 7 swear you at all when you signed this Affidavit? A. Q. SO if she has a Litton badge you figure right? Objection. You showed her 2 3 A. Serving the State of Florida (305) 376-8800 . Yes. When was the last time she did? I don't remember. BLEIL: Q. I don't. Yes. Q. Do you know who Monica works for? Litton. BLEIL: Veri text/Florida Reporting Co. How do you know that? She wears a Litton badge. Form. You don't remember. Q. your ID? You had to show her ID. Monica? A. PRETE: BY MR. Objection. Form. she works for Litton. Q. Q. PRETE: BY MR.176 1 Q. Q.

Q. I don't remember the date. PRETE: THE WITNESS: Objection. Q. 7 8 BY MR. PRETE: THE WITNESS: Objection. BLEIL: Q. I don't know. 15 16 17 18 19 20 21 22 23 24 25 Yes. Does Monica ever put you under oath when you sign Affidavits? A. Because you don't remember the last time you signed one? MS. Q.177 1 Q. I thought you also said you know she 12 13 14 works there because she has a badge? A. Is she a foreclosure specialist? MS. Do you know what Monica's position is at 2 3 Litton Loans? A. Serving the State of Florida (305) 376-8800 . A. 4 5 6 I don't know. Q. I don't remember. Q. VeritextiFlorida Reporting Co. So when you made this Affidavit did Monica put you under oath or not? A. Q. But you know she works there? I know she's a notary. Form. I don't remember. So she could be a foreclosure specialist 9 10 11 at Litton Loans? A. No. Form.

A. No. I can't give you a ballpark. I don't know a number. What else do you do besides sign 13 14 15 16 17 Q. Have you signed any since then? I'm sure I have. I don't. Q. Asked and Veritext/Florida Reporting Co. Give me a ballpark. Q. 22 23 24 25 Affidavits? MS. 2008 for sure. But do you remember the month you signed one? A. 10 11 12 in the course of a week? A. Q. A. THE WITNESS: That's what I do. A. Q. 18 19 20 21 Q. So it could be more than a hundred? I don't know. BLEIL: Q. More than a hundred? I don't know. Objection.178 1 2 3 4 BY MR. How many times do you sign an Affidavit A. Q. Serving the State of Florida (305) 376-8800 . A. I signed one on December 5 6 7 8 9 16. You don't know what? I don't know how many I sign a week. Q. A. PRETE: answered. Upon what do you base that statement? It's what I do.

Yes. Right. Yes. Q. Q. A. You probably take a little 14 15 16 17 18 19 20 21 22 Affidavits all day. A. BLEIL: Q. Q. Do you -Seven hours.179 1 2 3 4 5 6 7 BY MR. SO you show up for work and you? Review Affidavits. Do you know if there's an internal system VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800 . Q. A. Q. All day long? Yes. Seven hours. Q. work. But you don't remember how many you right? 8 9 10 11 12 13 review a day? A. A. Q. Give me a rundown of a regular day at You corne into work and you don't have a time We talked about that. A. right? So you sign No. A. 23 24 25 And you review Affidavits all day? Yes. lunch hour? A. Q. How-long do you work? Eight hours. Everybody deserves a lunch. clock. A. Q.

Does she write in that book with you 10 11 A. Q. Q. Yes. right? MS.180 1 2 that tracks some of the Affidavits that you sign on a daily basis? A. I don't know. THE WITNESS: BY MR. as far as you know. Yes. Yes. Did you ever see her notarize something VeritextiFlorida Reporting Co. So. that book would 14 15 16 17 18 Q. 19 20 21 22 23 24 Mischaracterization. probably have every Affidavit that you signed and Monica notarized. Did you ever see Monica pullout a little 3 4 5 6 7 book and mark down everything she notarizes? A. Yes. Serving the State of Florida (305) 376-8800 that book. A. 25 Q. . PRETE: Objection. How do you know that? She has the book there. You see her mark down that information in right? Yes. Q. there when you sign Affidavits? A. BLEIL: Q. 12 13 Q. Do you know if she marked down that she 8 9 notarized an Affidavit for you? A.

Q. A. right? MS. relevance. No. VeritextiFlorida Reporting Co. that notary book 9 10 11 probably would be a pretty good record of what she notarized. I don't remember her not doing it. Q. Serving the State of Florida (305) 376-8800 . 16 17 18 19 20 21 22 23 24 25 Monica would falsify her notary book? MS.181 1 2 3 4 and didn't mark it down in her notary book? A. Form. Don't remember. So. Bad? Form. PRETE: THE WITNESS: BY MR. PRETE: THE WITNESS: BY MR. Form. 12 13 14 15 I don't know. Q. PRETE: Objection. BLEIL: Q. You don't have any reason to believe that Objection. BLEIL: Q. would be a bad record? MS. as far as you know. Has she ever lied to you? MS. Objection. to notarize? 5 So she kind of did it every time she came 6 7 8 A. You don't remember her not doing that? Yes. PRETE: THE WITNESS: BY MR. Form. Yes. Do you have any reason to believe it Objection. BLEIL: Q.

Does she ever say anything to you? Hello. Did you ever converse with Monica? No. last Yes. Okay. From at least December '08 to when. No. Did you ever catch her in a lie? MR. Does Monica still notarize affidavits for 18 19 20 21 22 23 24 25 Yes. week? A. How long have you known Monica? Since 2008 for I really don't know. Q. sure. BLEIL: Q. Serving the State of Florida (305) 376-8800 . Relevance. A. Q. A. Q. 14 15 16 17 Because you're looking at this Affidavit. I don't know. And besides saying hello has Monica ever said anything else to you? Veritext/Florida Reporting Co. 10 11 12 13 hello to you.182 1 2 3 4 5 6 7 8 9 THE WITNESS: BY MR. BLEIL: Q. Yes. Q. Q. Q. you? A. PRETE: THE WITNESS: Objection. right? A. BY MR. She said hello. So Monica says A.

10 11 12 13 You don't know if Monica -Yes. So when you sign these Affidavits you sign them one at a time. Form. Objection. Do you know if Monica has the ability to Q. Objection. When I'm ready to VeIitextiFlorida Reporting Co. PRETE: THE WITNESS: Objection. Yes. Form. Serving the State of Florida (305) 376-8800 . BLEIL: Q. A. office? MS. PRETE: Objection. I don't know. PRETE: THE WITNESS: BY MR. Asked and 2 3 No. PRETE: answered. BLEIL: Q. Does Monica sit with you when you sign them one at a time? A. because she says hello. 8 9 vocalize? MS. BLEIL: Q. right? A. Q. 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. No. Yes. A. So Monica sits with you all day in your Q. 4 5 6 7 Has she ever said your name? I think not. MS.183 1 MS. THE WITNESS: BY MR.

office? A. and she says okay? MS.184 1 sign. Q. VeritextiFlorida Reporting Co. Asked and . PRETE: answered. say Monica corne on over. A. Affidavits. Serving the State of Florida (305) 376-8800 Objection. So sometimes you'll pick up the phone and I'm going to sign some Q. Around the corner. A. A. 7 8 No. How do you let her know? I say I'm ready to sign. A. Q. When do you usually sign your Affidavits. Do you pick up a phone? Sometimes. BLEIL: Q. Q. When you're ready to sign what happens? Monica will corne over and sign. Q. How does Monica know to corne in your 9 10 11 I'll let her know. Q. BY MR. 2 3 4 5 6 is there a time of the day? A. When would you not pick up a phone? When I just go over there and say I'm 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Where is Monica located in relation to your office? A. Q. ready.

I don't know 8 9 10 11 I'm not asking for anything specific. You've known Monica at least since right? 18 19 20 21 22 23 24 25 December '08. 12 13 14 Does she ever say good morning? MS. PRETE: Objection. A. A. BY MR. Q. 15 16 17 Where are we going with this? BY MR. PARSONS: Objection.185 1 THE WITNESS: but she's corning. A. BLEIL: Q. Q. Relevance. Q. BY MR. THE WITNESS: anything specific. And we're in May? Right. BLEIL: Q. I don't know then. No. Can you remember any particular words that she said to you besides hello? A. PRETE: Relevance. Serving the State of Florida (305) 376-8800 . I think so. I don't know. BLEIL: Q. I don't know. VeritextIFlorida Reporting Co. I don't know what she says 2 3 4 Does she say anything besides hello? MS. Right. I don't know. MS. PRETE: THE WITNESS: MS. Asked and 5 6 7 answered.

For the record. PRETE: Objection. there's only 2 3 4 person that runs it. MS. Miss Bailey. is there any reason why Monica makes you provide identification? MS. BLEIL: Q.186 1 MS. PRETE: conclusion. What is the 10 11 12 13 14 15 16 17 18 they have a conversation other than say hi to each other. PRETE: MR. Calls for a legal 19 20 21 22 23 24 25 I don't know. BY MR. I don't know. VeritextiFlorida Reporting Co. MS. BLEIL: I'm trying to find out if That's fine. MS. Relevance. have you ever signed any Affidavits that say produce ID on them? A. PARSONS: I'm just wondering where 5 6 7 8 9 are we going with a conversation that they may or may not have had? MR. Well. BLEIL: The thing is Miss Bailey has known Monica and signed a number of affidavits in a number of months. PRETE: purpose? MR. Objection. THE WITNESS: BY MR. Serving the State of Florida (305) 376-8800 . BLEIL: Q. BLEIL: Objection.

BLEIL: Q. She may not have been 20 21 22 23 24 25 THE WITNESS: there. 17 18 Q. 14 15 16 Because there had been times when Monica wasn't there. BLEIL: Q. On what do you base that statement that How do you know you've ever done that if 10 11 12 13 Q. MS. that? A. People go on vacation or sick. Probably. Q.187 1 2 3 4 BY MR. You said you were sure. MS. Relevance. Serving the State of Florida (305) 376-8800 . Have you ever had to produce your driver's license to any other notary at Litton Loan? A. you A. I said I'm sure 19 I probably have. I said I probably have. PRETE: I'm sorry. 8 9 BY MR. I'm sure I have. 6 7 No. On what do you base that statement? MS. Where are we going with the whole line of have you had a Veritext!Florida Reporting Co. PRETE: Asked and answered. PRETE: Objection. A. Do you remember the last time you did 5 Q. you're sure? A.

BLEIL: I find it interesting why the 2 3 notary would want identification. BLEIL: MS. BY MR. BLEIL: MS. BLEIL: It's a notarized form. PRETE: She doesn't know.maybe I should ask the notary how she knows. PRETE: notary. MS. does Monica ever say you are 22 23 24 25 hereby swearing and testifying and affirming that the stuff in this Affidavit is true and correct? she put you under oath and swear you? Veritext/Florida Reporting Co. PRETE: I think I should. Counsel. She doesn't have I'm trying to find out 8 9 10 11 how -. anything else. Serving the State of Florida (305) 376-8800 Does . PRETE: MR. Miss Bailey. I mean. You've exhausted the Maybe you should ask the 12 l3 14 15 16 17 questions at this point. I think you've gotten all the 18 19 20 21 information out of her about the notary that you're going to get at this point.188 1 conversation? MR. MS. BLEIL: Q. MR. MR. that we have seen a number of forms that say personally known or produced identification and all they said was hello. you know as well as 4 5 6 7 I.

189
1

A. Q.

No. Well, you've seen those things in the

2
3

courtroom on television where they have the witness stand up and say: I swear to tell the truth, the

4
5

whole truth, and nothing but the truth; you've seen that before, right? A. Q. to you? A. No. MS. PRETE: BY MR. BLEIL: Q. A. Q. A. Q. She doesn't swear you? Not in that form. What form would she swear you in? I don't know. Does she say anything to you when you Asked and answered. Yes. Does-Monica ever say anything like that

6
7

8

9

10
11

12

13
14

15
16 17 18 19

sign these Affidavits? MS. PRETE: THE WITNESS: BY MR. BLEIL: Q. oath or not? A. No, I don't know. Objection. So you don't know if she puts you under Objection. No. Relevance.

20
21

22
23 24

25

MS. PRETE:

VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

190
I 2
3

BY MR. BLEIL: Q. A. Do you have an idea of what I'm saying?
An oath to me is swearing on the Bible.

4 5 6
7

I'm not putting my hand on a Bible, not raising my right hand. that.
Q.

That's an oath to me.

No,

I'm not doing

What is she doing when you're signing? . She's watching me sign. She is watching you sign them? Right. She doesn't put you under oath; she

8
9

A. Q. A. Q.

10
11

12
13

doesn't swear you? A. Q. Not that I know of. Would you know if she said something like

14 15 16
17

swearing you in? MS. PRETE: answered. counselor. THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Asked and

I think she's answered the question,

18

19
20 21 22 23 24 25

Not that I know of.

Well,

looking back here at the front of

this Affidavit, Miss Bailey, it says "Before me" you see where I'm at, right? appeared, the Affiant." Would you agree that is you?
Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

" ... personally

191 1

A.
Q.

Yes. " .. . who, being duly sworn, deposes and

2 3
4

says, upon personal knowledge that:" Why would it say in the Affidavit that you're being duly sworn if you don't know if you've been duly sworn?

5

6
7
8

A.
Q. there?

I can't answer that. Did you ever ask the notary why that's

9
10
11

A.
Q. her name?

No. Did you ever say to your boss -- what was Did you ever say: Hey, Debra, what does

12 13 14 15

this mean here saying that I'm being duly sworn, deposes and says? MS. PRETE: answered, Objection. Asked and

16
17 18
19

relevance. No.

THE WITNESS: BY MR. BLEIL: Q.

You never asked her about that? MS. PRETE: THE WITNESS: Objection. No. Relevance.

20 21 22 23 24 25 for? A.

BY MR. BLEIL: Q. Do you know what this Affidavit is used

In a foreclosure action.
Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

192
1

Q.

Do you know what it does in a foreclosure

2
3

action?
A.

No. How long have you been signing Affidavits

4

Q.

5
6
7

of Indebtedness on behalf of Litton Loans? MS. PRETE: answered. THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Asked and

8

About twelve years.

9 10 11 12
13

And you have no idea what this Affidavit

of Indebtedness is used for in a foreclosure action? MS. PRETE: Objection. Asked and

answered, relevance. THE WITNESS: BY MR. BLEIL:
Q.

14

I'm not an attorney.

15 16 17
18

Did you ever ask your attorney what it

is? MS. PRETE: answered. THE WITNESS: BY MR. BLEIL:
Q.

Objection.

Asked and

19
20

No.

21 22
23

You never asked your boss, right? MS. PRETE: Objection. Asked and

24
25

answered. THE WITNESS: No.

Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

193 1 2 BY MR. Asked and 14 Q. i t is? And you never even asked the notary what 3 4 MS. Asked and 5 6 No. To sign Affidavits? Yes. Serving the State of Florida (305) 376-8800 . A. 18 19 20 21 22 Do you understand with your signing this Affidavit you're saying that everything in the Affidavit is true and correct? A. MR. 7 8 9 Did you ever ask a coworker? No. relevance. A. Relevance. BY MR. BLEIL: Q. A. MR. Do you understand that whenever you're 23 24 25 signing this Affidavit you're saying everything in this lawsuit is true and correct? VeritextiFlorida Reporting Co. Yes. 15 16 17 answered. THE WITNESS: BY MR. PRETE: answered. BLEIL: Q. Objection. BLEIL: Q. PRETE: Objection. Q. PRETE: Objection. Why do you sign these Affidavits? That's my job. BLEIL: Q. 10 11 12 13 BY MR.

and know so little about what you do? VeritextiFlorida Reporting Co. PRETE: THE WITNESS: BY MR. Yes. 6 7 Have you ever had a disciplinary action 8 9 against you at Litton Loan for employment reasons? A. Objection. How can you sign an Affidavit of Objection. 18 19 20 21 22 23 24 25 Indebtedness for u. 10 11 12 13 14 15 16 17 it seemed like there were a lot of things you don't know. I imagine. right? MS. Yes. as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates. right? MS. No. Serving the State of Florida (305) 376-8800 . Q. BLEIL: Q. You take your responsibilities at Litton 3 4 5 Loans pretty seriously. Bank National Association as Successor to LaSalle Bank National Association. Series 2007-CB5.S. PRETE: THE WITNESS: BY MR. Form. Relevance. Would you agree with me? MS. PRETE: THE WITNESS: BY MR. During the deposition today. You regularly show up on time. Objection.194 1 2 A. Miss Bailey. BLEIL: Q. Form. Yes. Q. Yes. BLEIL: Q.

Objection. PRETE: THE WITNESS: Objection. And you don't ask any questions about 6 7 what you sign? MS. PRETE: answered. THE WITNESS: BY MR. Form. 10 11 So you've asked some questions then? MS. Q.195 1 MS. 2 3 4 5 I sign in accordance to what's on our servicing system. Can you remember ever asking anyone at VeritextlFlorida Reporting Co. BLEIL: Q. BY MR. Just common sense. BLEIL: Q. Serving the State of Florida (305) 376-8800 25 . Can you remember any questions you ever asked at Litton Loan about these Affidavits? A. asked and 8 9 Not always. It has to be a 21 22 23 24 question. Q. Form. No. PRETE: Objection. Q. I don't know. 14 15 16 17 What kind of questions have you asked about these Affidavits? A. 12 13 Mischaracterization of witness's testimony. BLEIL: Q. How do you know you've asked questions if 18 19 20 you don't know? A. BY MR.

It's not whether you want to or not. BLEIL: Q. Asked and 4 5 No. I can name Butler and Hosch. Do you remember any of their names? MS. THE WITNESS: BY MR. A.S. Yes. VeritextiFlorida Reporting Co. Objection. 19 20 21 22 BY MR. 6 7 Do you remember ever asking their 8 9 attorneys any questions about that? MS. Q. Q.196 1 2 3 U. PRETE: answered. Yes. PRETE: answered. Can you name one? I don't want to name one. questions. Serving the State of Florida (305) 376-8800 . Are there other attorney firms that you 15 16 17 18 work with at Litton Loans? A. THE WITNESS: BY MR. BLEIL: Q. Relevance. Objection. PRETE: THE WITNESS: Objection. Asked and 10 11 She doesn't remember any specific 12 13 14 No. Can 23 24 25 you name one? A. BLEIL: Q. National Bank Association about these Affidavits? MS.

more. A. Relevance. 2 3 4 5 You said you signed Affidavits for other law firms. Well. Q. I don't know if I can give 6 7 8 out other people's names. 9 you're required to answer it. BY MR. Both your lawyers are here. A. A. A. You said not in Florida. I know. MS. Serving the State of Florida (305) 376-8800 . They don't have to be in Florida. A. I don't know. Q. Can you remember where they are? In all different states. Unless your attorney directs you not to. a minute ago you said there were 10 11 12 13 14 15 16 17 18 19 20 21 22 through them. VeritextiFlorida Reporting Co. Can you name them? MS. A.197 1 Q. BLEIL: Q. Q. Sure are. What other law firms do you -I can't think of the ones in Florida. Are they in Alabama? Let's go Okay. Q. PRETE: MR. Q. BLEIL: Are we going to go -Maybe it will jog Miss 23 24 25 Bailey's memory. PRETE: THE WITNESS: Objection. I can't think of their names.

right? A. Q. A. Q. VeritextiFlorida Reporting Co. SO now you're starting to remember a 20 21 22 23 24 25 little more. Any other states? What other states have She already answered she What different states? Do you remember I sign in different states. one? MS. PRETE: signed in Florida. BY MR. It may. BLEIL: Q. PRETE: I object to you stating every single state. I doubt it. Serving the State of Florida (305) 376-8800 . BLEIL: Q. I don't remember. 9 10 11 12 13 14 15 16 17 18 19 you signed in? A. A.198 1 MS. BLEIL: Q. BLEIL: BY MR. Do you know if it was Texas? I'm pretty sure. PRETE: MR. No. Arkansas? A. THE WITNESS: BY MR. Q. MS. 2 3 4 Do you know if you signed them in 5 6 7 8 I don't know. Could it be California? I'm pretty sure.

much of anything. No. Objection. Where 2 3 are we going with this? MR. Relevance. She is being terribly She frequently or Miss Bailey doesn't know 4 5 conveniently forgets.199 1 MS. counsel. BLEIL: evasive. PRETE: Okay. BLEIL: You make the objection. Upon what do you base the statement that 12 13 14 15 16 17 18 19 20 21 22 you're sure you signed Affidavits in the State of Pennsylvania? A. Serving the State of Florida (305) 376-8800 . But 25 there's no reason for continuing to ask what Veritext/Florida Reporting Co. I'm sure I did. PRETE: 6 7 Is there a specific question? 8 9 10 11 If so. Is MS. That's fine. Relevance. I signed them in just about every state. PRETE: there a purpose? MR. BY MR. MS. PRETE: Objection. BLEIL: Q. Q. MS. I can't. Q. The 23 24 rule is you make the objection. ask Miss Bailey. Did you ever sign an Affidavit with the State of Pennsylvania? A. Can you remember a state that you don't sign them in? A.

asking. BY MR. BLEIL: What position? I'm trying to figure out her Is there a purpose for the 14 15 16 17 18 19 20 21 22 23 24 25 You have the option. MR. if you want to cancel the deposition. BLEIL: VeritextiFlorida Reporting Co. MS. PRETE: Affidavit? case? MR.her if she knows other attorneys from fifty states. PRETE: The Order said you can ask Now you're 10 11 12 13 her what's within her Affidavit. BLEIL: I'm thinking the witness may What has that to do with this What does it have to do with this 8 9 have some kind of a defect in memory or medication. Serving the State of Florida (305) 376-8800 I'm really . PRETE: MR.200 1 state. you can. it may She doesn't seem to 2 3 4 5 6 7 jog Miss Bailey's memory. MS. for the record. You know what you can and can't do as a lawyer and really that's for the Court to rule on later as far as whatever. MS. know anything about anything. BLEIL: If I say the state. BLEIL: position. frustrated here. question? MR.

BLEIL: Q. PRETE: Objection. I'm not sure what that question means. Q. And upon what do you base the statement that it's true and correct? VeritextiFlorida Reporting Co. Q. I'm asking you about it. BLEIL: Q. Form. I signed it. It means can you tell me anything about 10 11 12 13 this Affidavit besides the fact that you signed it? MS. Q. getting back to the You worked for Litton Loan for seven Can you tell me something that you do know about this Affidavit of Indebtedness? A. years. A. You can tell me you signed it. Can you tell me anything about this Exhibit A besides the fact that you signed it and it's on paper? A. It's true and correct. It's on paper. Form. question. 14 15 16 17 18 anything else about it? A. Miss Bailey. It's on paper.201 1 2 3 4 5 6 Q. Can you tell me Objections. PRETE: THE WITNESS: BY MR. Looking 7 8 9 at it can you tell me anything else about it? Anything. Do you want me to ask something? MS. Serving the State of Florida (305) 376-8800 . Okay. 19 20 21 22 23 24 25 BY MR.

BLEIL: No further questions at this Veri text/Florida Reporting Co. knowledge. 2 3 4 and what I found in the servicing system is in the Affidavit. Serving the State of Florida (305) 376-8800 . but it's in the servicing system and it's true and correct. to the best of my knowledge. Q. Q. No. right? A. You said you went through the Affidavit You remember 12 13 14 15 16 17 and everything was true and correct. You understood when you signed that 18 19 20 21 22 23 24 25 Affidavit you were testifying everything in the Affidavit was true and correct? A.202 1 A. Yes. that part. True and correct. A. A. Q. But you said everything in the Affidavit 5 6 7 8 9 10 11 was true and correct. To the best of my knowledge. Q. MR. You also appreciate the fact that everything in the Complaint was true and correct. it wasn't to the best of your I think you said it was true and correct? Yes. Because I reviewed the servicing system. true and correct. right? I don't know the terminology in them. Q. right? A.

PRETE: Read what? The transcript. no. PRETE: Do you want to read? You No questions. THE WITNESS: MS. 7 8 9 THE WITNESS:Oh. 10 11 (Reading and subscribing waived.203 1 2 time. PRETE: MR. I waive. MS. Do you want to give her the 3 4 5 6 have the option to read or waive. Serving the State of Florida (305) 376-8800 . BLEIL: instruction? MS.) 12 13 14 (Thereupon the taking of the deposition was concluded) 15 16 17 18 19 20 21 22 23 24 25 VeritextiFlorida Reporting Co.

certify that the DENISE MICHELLE BAILEY. personally appeared June 8. the undersigned authority. witness.204 1 2 3 CERTIFICATE OF OATH 4 5 6 STATE OF FLORIDA COUNTY OF MIAMI-DADE 7 8 I. Serving the State of Florida (305) 376-8800 . 12 13 14 WITNESS my hand and official seal this 12th day of June.State of Florida My Commission No. 2009. DD674200. 2009. 22 23 24 25 VeritextiFlorida Reporting Co. sworn. Expires: July 2. Fingles Notary Public . 15 16 17 18 19 20 21 Robert I. and was duly 9 10 11 before me on Monday. 2011.

DATED this 12th day of June. that a review of the transcript was not requested. 2009 ROBERT I. attorney. nor am I financially interested in the action. Serving the State of Florida (305) 376-8800 . employee. FINGLES. ROBERT I. CP VeritextiFlorida Reporting Co. nor am I a relative or employee of any of the parties' attorneys or counsel connected with the action. I further certify that I am not a relative. or counsel of any of the parties. Court Reporter.205 1 REPORTER'S DEPOSITION CERTIFICATE 2 3 4 5 STATE OF FLORIDA COUNTY OF MIAMI-DADE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I. certify that I was authorized to and did stenographically report the deposition of DENISE MICHELLE BAILEY. FINGLES. and that the transcript is a true and complete record of my stenographic notes.

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