Parris Transcript

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA

CIVIL ACTION
PHH MORTGAGE CORPORATION,
Plaintiff/ Appellant,
vs.
JESSIKA D. PARISH , et al,
Defendant( s )/Appellee( s ).
CASE NO.: 09-016602-CI
DIVISION: 19
____________________________ !
NOTICE OF FILING
Plaintiff, PHH MORTGAGE by and through its undersigned counsel,
hereby gives Notice ofFiling the Certified Copy of hearing transcript for the Non-Jury Trial held on
November 17,2011 at 3:00p.m. before Judge Amy Williams and transcribed by Dale E.
RPR of Esquire Deposition Services- Tampa, Florida.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
:,t-
fumished by U.S. Mail to all parties listed on the attached service list on this 8\ day of
February, 2012.
FILE_NUMBER: F09095765
11111111111111111111111 11111111111!11111
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
I
(813) 25 -4766
i
Serial: 18769928
DOC_ID: M003106

Certified Copy
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY
.CIVIL ACTION
Plaintiff(s ),
vs.
JESSIKA D. PARISH; ET AL.,
Defendant(s).
--------------------------
ESQ1J!.B&
COURT PROCEEDINGS
November 17,2011
3:00p.m.
545 First Avenue North
St. Petersburg, Florida
Dale E. DeFranco, RPR
CASE NO. 09-016602 CI
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
101 East Kennedy Boulevard
Tampa FL 33602
www.esquiresolutlons.com

1
OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY
CIVIL ACTION
CASE NO. 09-016602 CI
Plaintiff,
vs.
JESSIKA D. PARISH; ET AL.,
Defendants.
PROCEEDINGS:
BEFORE THE HON. JUDGE:
DATE:
PLACE:
TIME:
REPORTED BY:
Dale E. DeFranco, RPR
Notary Public, State of Florida
NON-JURY TRIAL
AMY WILLIAMS
Circuit Court Judge
November 17, 2011
Pinellas County Courthouse
545 First Avenue North
St. Petersburg, Florida
3:00 p.m. to 4:30 p.m.
Esquire Deposition Services - Tampa, Florida
813-221-2535 (800 838-2814)
Job No. 264263

E S Q Q ! . B ~
Pages 1 - 44
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COURT PROCEEDINGS November 17, 2011
2
APPEARANCES :
KATHERINE TILKA, ESQUIRE
Florida Default Law Group, P.L.
4919 Memorial Highway
Suite 200
Tampa, Florida 33634
(813) 342-2200
Ktilka@defaultlawfl.com
Appeared on behalf of the Plaintiff
JOHN R. CAPPA
1
IIr ESQUIRE
Cappa & Cappa
1229 Central Avenue
St. Petersburg, Florida 33705-1691
(727) 894-3159
Appeared on behalf of the Defendant
ALSO PRESENT:
Ronald Casperite
Jessika D. Parish
David M. Parish
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www.esquiresolutions.com

1
2
3
4
5
6
7
B
9
10
11
12
13

14
15
16
17
1B
19
20
21
22
23
24
25

3
INDEX
PAGE
Motion in Limine ................................ . 8
Testimony of: RONALD CASPERITE
Direct Examination by Ms. Tilka ............... 15
Cross-Examination by Mr. Cappa ................ 32
Redirect Examination by Ms. Tilka ............. 34
Defense's Motion for Involuntary Dismissal ....... 41
Judge's Ruling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Certificate of Reporter .......................... 44
EXHIBITS
PLAINTIFF'S
Exhibit No. 1 Note ........................ 17
Exhibit No. 2 Mortgage .................... 17
Exhibit No. 3 Demand Letter .......... ..... 25

ESQ 1 J . . ! J 3 ~ ~ ~
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, .FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
* P R 0 C E E D I N G S *
THE COURT: I'm not going to continue the
trial. Let's go on the record. This is Case
Number 09-016602 CI 19. This is a 2009 case. The
04:06 Supreme Court has said that we should try cases in
12 to 14 months. Twelve to 14 months from the
filing of this case. This case was filed
September 18th, 2009. So 14 months
1
the outside
1
would have been November 2010. So it should have
04:07 been tried. That was a year ago
1
folks. I don't
just come in and have a trial and decide we're
going to continue it. We either resolve this case
or we're going to trial. That's it.
One of the reasons we're in the financial
04:07 worldwide crisis that we're in is because everyone
wants to bury their head in the sand and pretend
it's going to go away. Well, guess what? It
doesn't. So we either try the case or tell me what
the settlement is. Tell me what you want to do.
04:08 Plaintiff goes first.
MS. TILKA: Yes, your Honor. Opposing
counsel has filed a Motion for Continuance and,
respectfully
1
I'm here with my client today ready
to proceed. However, there is an issue with the
04:08 Loan Modification Agreement that was entered into

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www. esquiresolutlons.com

1
2
3
4
5
6
7
8
9
10
11
12
13

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

04:08
04:08
04:08
04:09
04:09
5
early this year.
If I can approach, Your Honor, I can kind
of explain the issue and maybe that could sway you
to possibly change your mind on the continuation
aspect.
MR. CAPPA: If you look at my motion, it goes
through the facts that she's referring to.
MS. TILKA: May I approach, Your Honor?
THE COURT: You may approach.
MS. TILKA: Your Honor, here's the copy of
the Loan Modification Agreement that was attempted
to be entered into between my client and the
Defendant. There are some issues with whether it
was on time or was not, but that's neither here nor
there. The Defendant did make a first-time
contribution payment along with the first payment.
Originally this loan modification was
ultimately denied because if you turn to page four
and look at the signatures, they weren't in the
right spot. You can see that there are two lines
that have a name and a line on top of it and that's
where's my client intended for the Loan
Modification Agreement to be signed. However, it
was initialed below that portion and therefore the
loan modification was rejected by my client.
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
We believe that if we were to continue the

trial and possibly pursue the last mitigation
angle, we think we would be able to work out some
type of resolution that would be in both my
04:09 client's interest and in the Defendant's interest.
THE COURT: Now, this was March of 2009. How
long ago was that? The document you just handed me
is dated March 2011.
MS. TILKA: Yes, ma'am.
04:()9 THE COURT: So if your client thought it was
signed in the wrong place, how long have they had
to correct this document?
MS. TILKA: Well, Your Honor, respectfully,
they are --
04:10
04:iO
04:10

.
THE COURT: How long is that? I didn't hear
your answer, counsel.
MS. TILKA: Approximately six to 9even months
depending on how and when the loan modification
ultimately was denied.
THE COURT: You mean eight months by the
calendar, March of 2011 --
MS. TILKA: Excuse me, Your Honor. It was
ultimately denied on May 19th, so May, June, July,
August, September, October, November --
THE COURT: I don't care when your client
Toll Free: 800.838.2814
Facsimile: 813.221.0755

Suite 3350
Tampa, FL 33602
www .esquiresolutlons.com

1
2
3
4
5
6
7
8
9
10
11
12
13

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

04:10
04:11
04:12
04:25
04:34
7
said it wasn't any good. The day it was filed your
client should have discovered if it wasn't signed
in the right place and they should have notified
the people who signed it --
MS. TILKA: Yes, Your Honor, and --
THE COURT: And that wouldn't take -- don't
interrupt me -- and that wouldn't take eight
months. So we don't continue a trial because your
client didn't correct the document. we don't waste
taxpayers' dollars for that. Are we clear?
THE COURT: Thank you. We're either going to
modify it and make an agreement or we're going to
go to trial. Make your decision.
MR. CAPPA: Can we allow the Plaintiff's
corporate representative to make a phone call?
THE COURT: Absolutely.
MR. CASPERITE: Thank you, Your Honor.
THE COURT: If you could let your client know
we're going to start the trial at 3:30 by the
courtroom clock; we'll be on the record. Let me
know by then. Thank you.
(Recess)
THE COURT: All right. Back on the record in
Case Number 09-016602-CI, PHH Mortgage versus
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
04:34
04:35
04:35
04:35
04:35

'
8
Jessika Parish, et al. We're here for the trial on
the mortgage foreclosure case. I have given
counsel an additional thirty minutes to work out a
settlement. I have denied the Defendant's Motion
for Continuance of the trial and we'll proceed at
this point. What says the Plaintiff?
MS. TILKA: Yes. We're ready to proceed at
this point. We have one witness.
MR. CAPPA: I have a Motion in Limine, if I
may approach?
THE COURT: You may.
MR. CAPPA: This is the Feltus situation.
Here's the caselaw. The Plaintiff has filed a
complaint foreclosure which is attached to the
note. The note is substantially different than the
one that was filed roughly eight months later which
they filed a Notice of Filing an Allonge, attached.
I believe that the Plaintiff is stuck to the four
corners of the complaint.
Feltus is a Second DCA case which is
directly on point. The filing of the subsequent
allonge with the original note is substantially
different than the one attached to the complaint.
It is a nullity.
There's also three other issues in my
Toll Free: 800.838.2814
Facsimile: 813.221.0755
ESQ 1 2 . ! J 3 ~ ~ ~
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13.

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

9
Motion in Limine. I can go through each one. But
I believe that the first one relies on any
subsequent notes, that should be struck from the
Court -- The Plaintiff should be precluded from
04:36 relying on any note or mortgage that varies from
the copy attached to the complaint.
Issue Number Two, the Plaintiff should be
precluded from relying on any statements that came
from the entity other than the Plaintiff. In
04:36 discovery the Plaintiff has turned over history of
payments that show some other party, other than
PHH, tracks the history of payments.
And Issue Number Three, the Plaintiff
should be precluded from producing any statement
04:37 that it is the servicer acting on behalf of the
true owner where the Plaintiff has failed to
produce any evidence of agreement between the owner
of the debt and the servicer.
At this point the Plaintiff has filed
04:37 affidavits stating it was the servicer and they
have provided discovery that shows another party,
specifically Aurora,. is the true owner of the debt.
THE COURT: All right, thank you.
MS. TILKA: Your Honor, first of all I would
04:37 like to address the issue of the original note.

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www .esqulresolutions.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
04:38
04:38
04:38
04:38
04:38

.
10
The original note was filed in the court file.
This is an issue about when my Client, PHH, became
the owner of said note. That could be offered
through direct examination and therefore I don't
believe that the original note which is a
self-authenticating document should be precluded
from evidence.
Secondly, Your Honor, the Aurora versus
Deburg case indicates you're allowed to proceed as
the holder of the mortgage note. And the mortgage
note would indicate that there is a blanket
endorsement. The Plaintiff is PHH. They claimed
in paragraph four that, "we're the holder and/or
owner." We're proceeding under the holder section
of paragraph four of Plaintiff's complaint and
therefore, Your Honor, we do not have to be the
owner of the note and mortgage to proceed and have
standing as such.
THE COURT: Okay. What about Issue Number
Two?
MS. TILKA: Yes, Your Honor. The Plaintiff
is the holder of the mortgage loan and the servicer
of the mortgage loan and, therefore
1
has the burden
to testify on behalf of the investor.
THE COURT: He's saying the true plaintiff is
Toll Free: 800.838.2814
Facsimile: 813.221.0755
ESQ
Suite 3350
Tampa, FL 33502

1
2
3
4
5
6
7
8
9
10
11
12
13

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

11
not PHH. You're saying the true plaintiff is PHH?
MS. TILKA: Yes. PHH is the servicer and
holder of the mortgage note.
THE COURT: Okay. And what about, do you
04:39 agree that two different notes have been filed
here?
MS. TILKA: No, ma'am. Typically what occurs
is a copy of the mortgage note, a copy of the
mortgage note from the origination was likely
04:39 attached to the mortgage foreclosure complaint.
However, the evidence that has been presented,
which is a notice of filing of the original, does
contain two additional allonges which endorse the
note.
04:39 And therefore, Your Honor, we believe we
can proceed with the original mortgage note which
is a self-authenticating document and indicates
that my client is the holder and servicer of such.
THE COURT: But it's your contention they're
04:39 the same note --
THE COURT: -- just some labor things were
closed --
MS. TILKA: Right. It was a loan origination
04:40 file. Typically we would file the original note

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www .esquiresolutions.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
12
later. But, Your Honor, my client can testify that
PHH has been the servicer and holder of the
mortgage note since the inception which I believe
was 2006.
04:40 THE COURT: Okay. Brief reply.
MR. CAPPA: I believe it's directly on point
with Feltus versus US Bank, and the District Court
held that "the complaint failed to allege the
person seeking to enforce the instrument was
04:40 entitled to enforce the instrument when loss of
possession has occurred or has directly or
indirectly acquired ownership of the instrument
from the person who was entitled to enforce the
instrument from loss of protection incurred."
04:40 Subsequent filing of the original note did
not cure the, it did not cure the defect in the
complaint. And it stated, "the trial court erred
in entering final summary judgment of foreclosure
because the documents before it created a genuine
04:41 issue of material fact of who owned or held a
note."
THE COURT: Okay. Now, take that one step
further. If this case should not grant summary
judgment as they indicated, what should have
04:41 happened?

ESQ 1 l . ! . B ~ ~
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

04.:42
04:42
04:42
04:42
04:43
13
MR. CAPPA: There should have been a motion
for an amended complaint and Plaintiff should file
the amended complaint with the proper note
attached.
THE COURT: But what does the Court have to
do now?
MR. CAPPA: I think the Court is stuck to the
pleadings, the complaint, the four corners of the
complaint which is, as required in the Purkey case.
I think they cannot consider evidence outside what
was actually in the original complaint.
THE COURT: Okay. But what I'm getting at is
if the Second District said we shouldn't grant
summary judgment because there was an issue of
material fact, what that means is we should try the
case. Because there is a genuine issue of material
fact and the Court has to try that fact and
determine that issue of fact.
So now we're at that stage and we're at
the trial, and it's your position that they can't
offer into evidence certain other evidence other
than what they attached to the complaint?
MR. CAPPA: Yes. Because the allonge, by
definition, is supposed to be permanently affixed
to the complaint. This is trial by ambush by
Tall Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www.esqulresolutlans.com
14
1
setting, attaching something that is different
2 showing the different owner or holder of the note
3 as was originally attached to the complaint.
4
THE COURT: Well, if you have never seen it
5
04:43 before, but the fact is that you did receive it --
6
could you say on the record when you did receive
7 it?
8
MR. CAPPA: We received it eight months after
9
the filing of the complaint. And they never filed
10
04:43 a motion to amend. We deny in our answer they were
11
the owner and holder of the note. And they never
12
filed a motion to amend their pleading.
13
THE COURT: Okay. All right. The Motion in
14
Limine is going to be denied. It is a genuine
15
04:43 issue of material fact which is whether the
16
Plaintiff is the owner and holder of the note and
17
that's one of the things we will consider in the
18
trial today.
19
All right. Plaintiff, you may call your
20
04:44 first witness.
21
MS. TILKA: Your Honor, we would like to call
22
Ronald Casperite.
23
THE COURT: Thank you. Come forward and I'll
24 swear you in.
25 04:44

'
E S Q Q . ! B ~
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

15
RONALD CASPERITE,
a witness, having been duly sworn to tell the truth,
the whole truth and nothing but the truth, was examined
and testified as follows:
04:44 THE WITNESS: I do.
MS. TILKA: And, Your Honor, I'm going
provide opposing counsel as well, Your Honor, a
copy of our exhibit folder
THE COURT: Okay.
04:45 MS. TILKA: which contains four proposed
exhibits. May I approach? Thank you, Your Honor.
THE COURT: Thank you.
MS. TILKA: And I'll hand them to you, Ron,
as we proceed, okay?
04:45 DIRECT EXAMINATION
BY MS. TILKA:
Q. Please state your name for the record.
A. Ronald Casperite.
Q. And Ron, who is your current employer?
04:45 A. PHH Mortgage Corporation.
Q. And what is your title?
A. Complex liaison.
Q. And what do you do as a complex liaison for
PHH Mortgage?
04:45 A. I work in the foreclosure department. I

'
Toll Free: 800.838.2814
Facsimile: 813.221.0755

Suite 3350
Tampa, FL 33602
www .esqulresolutlons.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
16
handle title issues litigated issues and it's my
~
responsibility to go to trial and represent the
corporation.
Q. And, Ron, how long have you been working for
04:45 PHH Mortgage?
A. About 18 months.
Q. And, Ron, have you been trained that you're
familiar with the business records of PHH Mortgage?
A. Yes.
04:46 Q. So just generally speaking for those business
records -- we're going to get into them more
specifically - but how are you familiar with the
business records? Have you had training or experience
with them? ~
04:46 A. Prior to my experience with PHH I have had
20 years banking experience and I'm very familiar with
all the docs themselves. As far as what I do at PHH
Mortgage, it's my responsibility, once they become
litigated due to some kind of title issue whether it's
04:46 questioning a name or legal description, then it's my
responsibility to redo that, work with counsel to
resolve it and reach a resolution.
MS. TILKA: At this point in time, Your
Honor, I would like to point out to the Court the
04:46 original documents were filed back in 2009. This

"
Toll Free: 600.838.2814
Facsimile: 613.221.0755
ESQ Q . ! J 3 - ~ ~
Suite 3350
Tampa, FL 33602
www.esqulresolutions.com
~

1
2
3
4
5
6
7
8
9
10
11
12
13

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

04:47
04:47
04:47
04:47
04:48
17
is the original mortgage and the original mortgage
note. I'd respectfully request the Court to take
judicial notice and enter into evidence the
original mortgage and the original mortgage note as
they're the self-authenticating documents in the
evidence code.
THE COURT: All right. Can you tell me what
date you filed it?
MS. TILKA: Yes, Your Honor. The original
document, the notice of filing was served on
11/19/2009.
THE COURT: Okay. I have it here in the
court file. I have the original mortgage.
Mr. Cappa, any objection?
MR. CAPPA: I have no objections.
MS. TILKA: So, Your Honor, can the record
reflect the note is Exhibit 1 and the mortgage is
Exhibit 2 so it corresponds with the evidence?
THE COURT: It can. Any objection to that
numbering?
MR. CAPPA: That's fine.
THE COURT: Okay. The note is one and the
mortgage is two.
(Exhibits 1 and 2 were received into evidence.)
MS. TILKA: Thank you, Your Honor. And I'm
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
18
not sure if Pinellas will destroy exhibits. I know

some circuits do. So in which case I would ask
that just a copy be entered into evidence so they
don r t destroy --
04:48 THE COURT: Actually I already marked this
into evidence, but you can post-trial submit a
motion for return of the original documents and
that's a court order and the clerk does read.
MS. TILKA: Thank you. Your Honor.
04:48 BY MS. TILKA:
Q. I'm now handing to you a copy of the note
which has just been entered into evidence as
Plaintiff's Exhibit 1. Can you please read who the
original lender is.
04:48 A. Caldwell Banker Home Loans.
Q. Can you flip to the back pages where there's
two allonges attached and can you please explain and
describe both allonges.
A. The allonge states that it's pay to, without
04:49 recourse from PHH Mortgage Corporation, doing business
as Coldwell Banker Mortgage. And the next allonge
reflects one paid to the order of PHH Mortgage
Corporation and --
MR. CAPPA: Your Honor, I object. What he's
04:49 reading is different than what is on the allonges.

ESQV.IR&.
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

04:49
04:50
04:50
04:50
04:51
19
Is he saying Coldwell Banker Mortgage Corporation
reflects Coldwell Banker Home Loans?
THE WITNESS: I would like to clarify.
THE COURT: Go ahead.
THE WITNESS: First allonge -- I had this
backwards -- the first allonge without recourse of
Coldwell Banker Home loans signed by the assistant
vice president to pay PHH Mortgage Corporation.
And the second one is an endorsement in blank with
nobody pay to the order of, and signed by, and that
is assistant vice president, PHH Mortgage
Corporation.
BY MS. TILKA:
Q. And, Ron, will you please describe the
relationship that PHH has with Coldwell Banker and if
there is any business relationship amongst the entities
on the endorsement.
A. PHH Mortgage is a private label lender.
We're one of the nation's largest company. And what we
do is we originate loans on behalf of other companies.
In this instance, Coldwell Banker Home Loans, we
originate loans on their behalf. We also do it for
Century 21. We do a lot of things for ERA Mortgage and
USAA, just to mention a few, where a company would like
to get into the mortgage business and offer mortgage
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
20
services to their customers. That company will then
contract with PHH Mortgage Corporation to originate the
loans in their name on their behalf. And we handle all
servicing. If the customers have questions about their
04:51 loans we're there to answer on their behalf and answer
as that entity. And this is with Coldwell Banker Home
Loans that we work on their behalf.
Q. So, Ron, have you been servicing this loan --
or has PHH been servicing this loan since the
04:51 origination of the loan?
A. Yes.
Q. So PHH has collected all payments under this
mortgage note and applies to payment history as such?
A. Yes.
04:51 Q. Can you please turn to the last pages before
the allonges and read on the record who signed the
mortgage note.
A. Jessika D. Parish, David M. Parish.
Q. And can you look on the first page of the
04:52 mortgage note and show or read onto the record what
date that was signed.
A. July 21, 2006.
Q. Thank you. And, Ron, the next thing I'm
handing to you - if Your Honor will let me approach
04:52 is a copy of what has been entered as Plaintiff's

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

21
Exhibit 2.
THE COURT: You may.
BY MS. TILKA:
Q. Ron, can you please identify that document
04:52 for the record?
A. This is a copy of the mortgage, purported
mortgage.
Q. And can you tell me who signed that mortgage?
A. Jessika D. Parish, David M. Parish.
04:52 Q. Thank you. Ron, let's now go back to the
business records we were talking about before and your
familiarity with such. Do you what a demand
letter is?
A. I do.
04:53 Q. And please describe what a demand letter is
in general terms.
A. When a loan goes 45 days delinquent a Notice
of Intent is generated and sent to the borrower
allowing them 30 days to bring a loan current or
04:53 foreclosure proceedings will begin.
Q. And does the mortgage in this particular
instance require a default or notice of intent
accelerated letter; does it require one of those to be
sent?
04:53 A. Yes .

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
22
Q. And generally speaking with business records,
when demand letters are made are they made at or near
the time of the default?
A. Yes.
04:53 Q. And the person that creates the demand
letter, is that person going to have personal knowledge
of the default when they review that payment history?
A. They'd either have personal knowledge or
they're supervised by someone who has personal
04:54 knowledge.
Q. And does that person who puts the information
in the demand letter have the duty to accurately put
the information into the demand letter?
A. Yes.
04:54 Q. And these demand letters, are they kept in
the regular course of business; are they regularly
filed with delinquent loans?
A. Yes.
Q. And it's regular for your business to make
04:54 these demand letters?
A. Yes.
Q. I'm now handing to you what, if admitted into
evidence, would be marked as Plaintiff's Exhibit 3.
MS. TILKA: May I approach?
04:54 THE COURT: You may.

.
Toll Free: 800.838.2814
Facsimile: 813.221.0755

Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

23
MR. CAPPA: I object to that. I don't have a
copy of that.
MS. TILKA: It's in Tab 3. Maybe Tab 4. I
apologize. It's under Tab 4.
04:54 MR. CAPPA: This is not a demand letter.
MS. TILKA: I apologize, Your Honor. Your
Honor, may I approach?
THE COURT: You may.
BY MS. TILKA:
04:55 Q. Ron, can you please describe the document
that I just handed to you.
A. This is the Notice of Intention to Foreclose.
Q. And is this a demand letter like we were
talking about previously that you testified to with the
04:55 business records and how they are created? Is this a
demand letter kept in the normal course of business for
PHH?
A. Yes.
Q. So when there's a default on this particular
04:55 mortgage is the information that's inputted in this
demand letter made at or near the time of default?
A. Yes.
Q. And is it made by someone with knowledge?
A. Yes.
04:55 Q. And does the person making the record have a

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
24
duty to accurately compile the information and put it
into the demand letter?
A. Yes.
Q. And is this record kept in the regular course
04:56 of business activity?
A. Yes.
Q. And is this a regular practice of the
business to make a demand letter?
A. Yes.
04:56 Q. So by looking at this demand letter, was this
done in the course of practice and procedures of PHH?
A. Yes.
Q. Can you please read the address under which
that demand letter is sent?
04:56 A. 8470 Lantana Drive, Seminole, Florida 33777.
Q. And is the demand letter send to the
borrower's address at that time?
A. Yes.
Q. And can you please note who the borrowers
04:56 were on the letter?
A. Jessika D. Parish and David M. Parish.
Q. And after that default letter was send was
there a check sent to PHH Mortgage to cure that
default?
04:56 A . Not that I'm aware of.

ESQQ.!.Bg
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

25
Q. And is the mortgage loan currently still in
default?
A. Yes.
MS. TILKA: Your Honor, at this point in time
04:57 I'd respectfully request the Court to enter
Plaintiff's Exhibit 3, the demand letter.
THE COURT: Any objection?
MR. CAPPA: No objection.
THE COURT: It will be admitted as
04:57 Plaintiff's 3 in evidence.
(Plaintiff's 3 was received into evidence.)
MS. TILKA: Thank you, Your Honor. Your
Honor, if I may approach, I'm going to hand the
witness what would be proposed to be marked as
04:57 Plaintiff Exhibit 4.
MR. CAPPA: I'd like to object to this. This
is not a business record of PHH Mortgage. It
clearly is marked for Mortgage Servicing Center.
This is not a business record of PHH and I do not
04:57 believe this should be presented to the corporate
representative of PHH.
MS. TILKA: Your Honor, if I may elicit
testimony before I offer it?
THE COURT: First tell me where to find that.
04:58 MS. TILKA: I think it's under three, Your

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Honor.
THE COURT: I don't Number 3. The one I just
put into evidence, your Number 3 is behind
MS. TILKA: If I may approach? It's right
04:58 there. Thank you, Your Honor.
THE COURT: Okay. So behind two.
MS. TILKA: I think they got twisted around.
I apologize. That was probably my office's doing.
THE COURT: But is this the document that
04:58 says customer Activity.
MS. TILKA: Yes, Your Honor.
THE COURT: Do you have that?
MR. CAPPA: Yes/ I'm looking at it. This was
provided in discovery. I believe it's clear that
04:58 it's not the Plaintiff's business record.
THE COURT: All right. I'll let you inquire
about it.
MS. TILKA: Your Honor, if I may approach
I'll hand you this document.
04:58 THE COURT: All right.
BY MS. TILKA:
Q. Ron
1
can you explain why it says
Mortgage Servicing, et cetera, on the upper right-hand
corner as opposed to ly stating PHH?
04:59 A . It's a generic form generated by our systems

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa
1
FL. 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

27
because we work on behalf of so many different
entities. It does have our identification in New
Jersey.
Q. But is this a record that is PHH's?
04:59 A. Yes.
Q. So are you generally familiar with how
payment histories are kept in the normal course of
business at PHH?
A. Yes.
04:59 MR. CAPPA: Your Honor, I object to this
being a business record. I don't believe -- this
is not the address of PHH Mortgage.
THE COURT: Hold on. I'm just asking her to
give her a chance to lay the foundation and see if
04:59 it is. I'm going to entertain your objection.
Let's see if she can lay the foundation. Go ahead.
BY MS. TILKA:
Q. Are you generally familiar with how PHH keeps
business records, specifically payment histories, for
04:59 mortgage loans in the regular course of business?
A. Yes.
Q. So, for example, if the borrower makes a
payment where does it go?
A. I'd like to qualify that.
05:00 Q. So explain how the payment process is made

'
Toll Free: 800.838.2814
Facsimile: 813.221.0755

Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
28
and maybe why that entity is in there in addition to
what you already explained.
A. I don't know if I can testify on the payment
process and when a loan comes in. I don't work in
05:00 customer service and I don't handle payments. I know
how to review the payment history, but I can't testify
to when the payment comes in, where it goes when the
check arrives, who gets the check and does whatever
they do in the normal course of processing. I can't
05:00 testify to that.
Q. Okay. So maybe can you explain the payment
process a little more in detail then? So when a
payment is received by PHH and goes to the right
department and gets processed, maybe you can explain
05:01 how that process occurs?
A. Again, I'm a little hesitant. I can tell you
generally what occurs.
Q. Generally is fine. I didn't need to know
exactly if they come in through wire or check or call
05:01 it in. I just want you to explain generally the
payment process of PHH.
A. Generally the customer has a coupon book and
each coupon has a specific date for when the payment is
supposed to be made for. The customer will send it
05:01 with their check or money order. And it is

Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

29
received by our customer service department. The
customer service department applies it accordingly and
it would become part of our regular business records.
Q. So when the person who applies the payment in
05:01 the customer service department, they're actually
looking at the payment that's been received and putting
it into the system that way?
A. It should.
Q. And that's done as the regular course of
05:02 business at the time the payment was made?
A. Yes.
Q. And person who enters it in the customer
services department, they're going have knowledge of
payment because they're reviewing it first?
05:02 A. Correct.
Q. And is it in the regular course of PHH to
employ these people and to have them put into the
payment histories in accordance with the coupons you
previously explained?
05:02 A. Yes.
Q. And is it in the regular course of PHH's
business to compile a payment history-type record?
A. Yes.
Q. Can you look at the document I just handed to
05:02 you and confirm that this payment history was made in

E S Q Q ! . B ~ ~
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
?
8
9
10
11
12
13
14
15
16
1?
18
19
20
21
22
23
24
25
05:02
05:02
05:03
05:03
05:03
30
accordance with PHH's business records?
A. Yes.
Q. Have you had an opportunity to review that
payment history?
A. Yes, somewhat.
Q. And can you
MR. CAPPA: Again, I object. He said,
"somewhat." Is this a business record of PHH or
business record of Mortgage Service Center, because
if it is, it's hearsay.
THE COURT: I'm going to allow you to
cross-examine and that would be a great question
for you to ask. You can't tell her how to do
direct, but you can if it's leading.
Okay. Go ahead.
MS. TILKA: Thank you, Your Honor.
BY MS. TILKA:
Q. Previously we created a final judgment. Are
all the would you be able to ascertain a payment
balance in the payment history?
A. Yes.
Q. And would you be able to ascertain
MR. CAPPA: Your Honor, I object. This is
leading.
THE COURT: Sustained.
Toll Free: 800.838.2814
Facsimile: 813.221.0755
E S Q Q ! B ~
Suite 3350
Tampa, FL 33602
www .esqul re5olutlons.com

1
2
3
4
5
6
7
8
9
10
11
12
13

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

05:03
05:03
05:04
05:04
05:04
31
BY MS. TILKA:
Please explain everything that that payment
history tells you.
A. Okay. This is a year-by-year blow on the
accounts for payments received for escrows paid in
advance during the collection process and property
inspections. It handles the application of the
payments, the dates they were received, the dates when
everything occurred, everything that coming into and
going out of the escrow accounts to pay property taxes.
It's everything that is related to the servicing of the
loan and application of payments.
Q. And again, this is a business record of PHH's
despite the fact that it has that other entity on the
upper right-hand corner?
A. Yes.
I would like to respectfully request the Court to
allow Plaintiff's Exhibit 4 as the payment history
to be entered into evidence.
MR. CAPPA: I object, Your Honor. I do not
believe this is a business record of PHH's. It's
hearsay within hearsay.
THE COURT: All right. The objection will be
sustained at this point. You can cross-examine him
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
05:04
05:05
05:05
05:05
05:05
32
on that document and the plaintiff will be able to
offer it in redirect.
MR. CAPPA: My objection is sustained?
THE COURT: It is sustained.
MS. TILKA: Your Honor, I apologize, so I'm
not certain. So the testimony -- is the evidence
not going to be entered. He's allowed to
cross-examine and I'm allowed to re-offer?
THE COURT: Well, yeah. The objection to
sustained at this point is not in evidence. It's
been marked or ID'ed only at this point. And then
you will be entitled to cross the witness on this
document. And then you can -- upon redirect if you
feel you've establish it as a business record, then
you can reoffer it at that point and offer it as a
business record of the Plaintiff's.
MS. TILKA: All right. Thank you, Your
Honor. At this point in time that completes my
direct examination.
THE COURT: Okay. . Cross.
CROSS-EXAMINATION
BY MR. CAPPA:
Q. You said that you are employed by PHH?
A. Yes.
Q. Where is the office of PHH Mortgage
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
05:06
05:06
05:06
corporation?
A. Mount Laurel, New Jersey.
Q. Simply the entire city, Mount Laurel?
A. No. We have several different buildings and
we have several different addresses. 4001 Lee Hall
Road is one address we have. I work in a building that
is 2001 Bishop's Gate Boulevard. And another address
is One Mortgage Way. Everything is in that office
complex and so we use different addresses. I can't
explain why and how that works, but we do have multiple
addresses.
Q. So you do not reside here in Florida?
A. I do not.
Q. Do you live up in New Jersey?
A. Yes, sir.
Q. So how long have you worked for PHH?
A. Roughly 18 months.
Q. Okay. And it was your statement that PHH is
the owner of the note, or holder of the note?
33
20 OS :07 A. Holder.
21
22
23
24
25
MS. TILKA: Objection. He's asking for a
legal conclusion on behalf of my witness.
BY MR. CAPPA:
05:07 Q. It was your statement that PHH is the -- the

ESQ1J..!.Bg
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
34
note was a pusiness record of PHH?
MS. TILKA: Objection. My client did not
testify to the note being a business record of PHH.
It was entered into evidence under the hearsay
05:07 exception.
BY MR. CAPPA:
Q. Are there any parties that are associated
other than PHH with this note and mortgage?
05:08 MS. TILKA: Objection. That's beyond the
scope of my direct examination. We didn't get into
any party, who else or what other entity might have
entered into the mortgage loan.
THE COURT: Sustained. You can call him on
05:08 your side of the case, but at this point you're
limited to direct and cross.
MR. CAPPA: Okay.
BY MR. CAPPA:
Q.
Okay. So Mortgage Service Center, is this
05:08 another business entity?
A.
I can't testify it's not a separate --
Q.
You don't know what it is?
A.
Mortgage Service Center is a generic name
used on customer service documents, as I stated before,
05:08
because we do work on behalf of a lot of different

E S Q Q . ! . B ~
Toll Free: 800.838.2814
Facsimile; 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

05:09
05:09
05:09
05:09
05:10
35
companies.
Q. But the
A. That is the heading that is on the document.
I can't testify to why it is. I know that I review
these documents, these history, they all look the same
on all of the different loans we do.
Q. But the Mortgage Service Center is not PHH
Mortgage.
A. I can't testify one way or another.
Q. You have no knowledge as to that, whether it
is or is not PHH Mortgage? Yes or no?
A. No.
MR. CAPPA: I have no other questions, Your
Honor.
THE COURT: All right. Redirect.
REDIRECT EXAMINATION
BY MS. TILKA:
Q. Look at this payment history that's sent to
you. What does it read on the top?
A. Customer account activity statement.
Q. On the upper right-hand side.
A. The Mortgage Service Center.
Q. Is the Mortgage Service Center just what it
sounds like, a separate entity?
MR. CAPPA: Objection, leading.
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www .esqulresotutlons.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COURT PROCEEDINGS
November 17, 2011
05:10
05:10
05:10
05:10
OS: 11
36
BY MS. TILKA:
Q. Is Mortgage Service Center a service entity?
MR. CAPPA: Objection.
THE COURT: Sustained. You have to make it
non-leading.
BY MS. TILKA:
Q. Describe the Mortgage Service Center.
A. The Mortgage Service Center is our customer
service department at PHH. That's a generic name so it
could be used for multiple accounts that we service.
Q. So Mortgage Service Center is just another
way to put customer service department?
A. Yes.
Q. And that customer service department works
for PHH as PHH's customer service department?
A. Yes.
I would again like to move the business, the
payment history into evidence. I've established a
sufficient foundation that it is a business record.
He's testified that the "Mortgage Loan Servicing"
on upper right-hand side is merely for the customer
service department of PHH Mortgage. He's testify
that the business records are kept in the regular
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www. esq uiresolutions.com

37
1 course of business by someone who has knowledge,
2 and they're received as proper business records to
3
be entered into evidence.
4 MR. CAPPA: I would object because I asked
5
05:11 him if PHH Mortgage and the Mortgage Service Center
6
were the same entity and he said no. I asked if he
7
had any knowledge as to the Mortgage Service Center
8
and he said no. We can go back and review the
9
questions.
10
OS:11 THE COURT: I'm going to deny the request and
11
admit it into evidence. It's marked for ID only
12
for the record, but the Plaintiff has not met its
13
burden to show that the record entitled Mortgage
14
Service Center is a business record either by the
15
OS: 11 testimony of the witness to show that it's a
16
business record of the Plaintiff who is PHH
17
Mortgage Corporation.
18
Nowhere on the document does this mention
19
PHH Mortgage Corporation. And the witness, as he
20
05:12 testified, is not sure if it's a separate entity or
21
not.
22
MS. TILKA: Your Honor, may I proffer for one
23
more question of the witness?
24
THE COURT: Sure.
2 5 OS: 12
E S Q Q I B ~ ~
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www. esqulresolutions.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
COURT PROCEEDINGS
November 17, 2011
05:12
05:12
05:13
05:13
05:13
38
BY MS. TILKA:

Q. Is there anywhere you can print out a copy of
the payment history on a PHH loan and have it not look
like this?
A. This is our best m e t h ~ d of being able to. On
our mainframe we have a printout that's difficult to
read the exact same document as far as the application
payments and all the charges and everything that is on
here; the exact same thing is on our mainframe. It's
just difficult to read.
So yes, you can print something out from our
mainframe that will not have PHH's name on it, but
that's what our business records are. This is what we
look at all the time. This is the easiest way.

Q. So there's no way to print out the payment
history that is going to say PHH?
MR. CAPPA: Objection, leading.
MR. CAPPA: I think we already asked him
these questions.
MS. TILKA: These are a little different.
I'm trying to get through my witness if there's any
possible way I can print out a business record from
PHH that says PHH. Because if Your Honor won't
admit this payment history into evidence, then my
Facsimile: 813.221.0755
Toll Free: 800.838.2814
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

COURT PROCEEDINGS
November 17, 2011
05:13
05:13
05:14
05:14
05:14
39
client would have to produce a payment history
specifically for trial and that wouldn't be a
business record.
MR. CAPPA: Let me get this straight. You're
able to sent out demand letters for PHH and you're
able to print allonges
THE COURT: Wait a minute, wait. Is his an
objection or are you just asking questions?
MR. CAPPA: Yes. It's an objection.
THE COURT: I'm not sure where we are.
MR. CAPPA: Excuse me, Your Honor.
THE COURT: That's okay. You can object. I
just need to know what I'm supposed to do with it.
MR. CAPPA: She's asking the Court a question
how she get a payment history in as hearsay. And
she's saying that somehow her client, PHH Mortgage,
is not sophisticated enough to
THE COURT: Okay. Wait, wait, wait.
MR. CAPPA: l couldn't contain myself, Your
Honor. I'm sorry.
THE COURT: And I understand. We're all
lawyers, I'm a lawyer, but --
MS. TILKA: Your Honor, my point of inquiry
is that if this is the way my client creates a
payment history and it is kept in the regular
Toll Free: 800.838.2.814
Facsimile: 813.2.2.1.0755
Suite 3350
Tampa, FL 33602.

1
2
3
4
5
6
7
8
9
10
11
12
13

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

COURT PROCEEDINGS
November 17, 2011
05:14
05:15
05:15
05:15
05:29
40
course of business, how could they possibly produce
something that says PHH if it's not a business
record and that would be primarily made for trial
then?
THE COURT: You really want me to answer
that? I suspect there's somebody who is smart
enough at PHH Mortgage to figure out a way to have
it say PHH Mortgage on top of their business
records. But I could be wrong and there might not
be anyone smart enough. But I suspect there will
in the next month. So if I'm wrong you will appeal
it to the Second District and tell me I'm wrong and
we'll try the case over.
MS. TILKA: Thank you, Your Honor. That was
the conclusion of my direct examination. However,
I will respectfully request this Court to enter
into a brief recess so I may confer with my client.
THE COURT: All right. We'll take a brief
recess. That is not a problem. Ten after four.
Let's come back at 4:20 and see what we're going to
do then.
THE COURT: Thank you.
{A break was taken.)
THE COURT: Please proceed.
Toll Free: 800.838.2814
Facsimile: 813.221.0755
E SQ l i . . ! . E ~ ~
Suite 3350
Tampa, FL 33602
www .esq ulresolutions.com

1
2
3
4
5
6
7
8
9
10
11
12
13

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

COURT PROCEEDINGS
November 17, 2011
OS: 30
05:30
05:30
05:30
05:30
41
MS. TILKA: We rest our -- conclude our case.
THE COURT: Thank you. Defense?
MR. CAPPA: Yes, Your Honor. At this time I
would like to move for an involuntary dismissal
pursuant to Florida Rule of Civil Procedure
1.420(b) which, as you know, is a directed verdict
at bench trial because they have not established
the following elements necessary to pursue a cause
of action for foreclosure for following reasons:
One, they failed to establish default. Two, they
failed to prove ownership of the Defendant.
MS. TILKA: Your Honor, may I respond?
THE COURT: You may.
MS. TILKA: Your Honor, we offered into
evidence the original mortgage note that shows the
language on the part of my client. Additionally
the demand letter which shows the default.
MR. CAPPA: May I respond?
THE COURT: Did you address the other --
MS. TILKA: No, Your Honor. We're pursuing
it as the servicer of the mortgage.
THE COURT: Okay, thank you.
MR. CAPPA: And, Your Honor, they never
entered into evidence any agreements giving them
the right to enforce the note. Furthermore, simply
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

05:31
05:31
05:31
05:32
05:32
42
the letter, the note demand letter is not proof of
default, it is simply proof they sent the letter.
THE COURT: All right. Motion for directed
verdict is granted on two grounds. One is that the
Plaintiff failed to establish default in the
payment. The Court acknowledges for the record
they entered into evidence a default letter, but
there has not been established -- they have not met
their burden of proof in establishing the
Defendants have not paid the mortgage and have, in
fact, defaulted on the mortgage.
On the second point, the Plaintiff has not
established that they have any contractual right to
enforce this mortgage or note as the servicer.
There's nothing in the record and there's nothing
that has been admitted into evidence to show the
Plaintiff has the right to enforce the note and
mortgage. So directed verdict is granted.
Mr. Cappa, I'll have you draft the order
and send it over to Ms. Tilka and tell me in your
cover letter if she approved it, or doesn't object
to the ruling. And you're all welcome to take the
appeal. I'll put the evidence in the court record
so that it will be filed with the clerk. And I
think I have two items for the Plaintiff you may
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www.esqulresolutlons.com

1
2
3
4
5
6
7
8
.9
10
11
12
13

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

05:32
43
want back. I'll give you those back.
THE COURT: Thank you all. Thank you for
your testimony, sir, and thank you for coming down
from New Jersey.
time.
THE WITNESS: Thank you, Your Honor.
THE COURT: Thank you all. See you next
* * * * *
(Court adjourned at 4:30p.m.)
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

1
2
3
4
5
6
7
8
9
10
11
12
13

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

COURT PROCEEDINGS
November 17, 2011
44
CERTIFICATE OF REPORTER
STATE OF FLORIDA
COUNTY OF PINELLAS
I, DALE DeFRANCO, Registered Professional
Reporter, certify that I was authorized to and did
stenographically report the foregoing non-jury trial
and that the transcript is a true record of the
testimony and proceedings.
I further certify that I am not a
relative, employee, attorney, or counsel of any of the
parties, nor am I a relative or employee of any of the
parties attorney or counsel connected with the action,
nor am I financially interested in the action.
Dated: 12/06/2011.
Dale DeFranco, RPR
Toll Free: 800.838.2814
Facsimile: 813.221.0755
ESQ1!1.BE
Suite 3350
Tampa, FL 33602

COURT PROCEEDINGS
--------
A
able
6:3 30:.19,22
32:1 3S:5
39:5,6
Absolutely
7:17
accelerated
21:23
account
35:20
accounts
31:5,10
36:11
accurately
22:12 24:1

42:6
acquired
12:12
acting
9:15
action
1:2 41:9
44:16,17
activity
24:5 26:10
35:20
addition
28:1
additional
8:3 11:13
Additionally
41:16
address
9:25 24:13
24:17 27:12
33:6,7
41:19
addresses
33:5,9,11
adjourned
43:11
admit
37:11 38:25
admitted
22:22 25:9
42:16
advance
31:6
affidavits
9:20
affixed
13:24
ago
4:10 6:7
agree
11:5
agreement
4:25 5:11,23
7:13 9:17
agreements
41:24
ahead
19:4 27:16
30:15
al
1:8 8:1
allege
12:8
allonge
8:17,22
13:23 18:19
18:21 19:5
19:6
allonges
11:13 18:17
18:18,25
20:16 39:6
allow
7:15 30:11
31:19
allowed
1 0 ! 9 3 2 ! .7 1 8
allowing
21:19
ambush
13:25
amend
14:10,12
amended
13:2,3
AMY
1:13
and/or
10:13
angle
6:3
answer
6:16 14:10
20:5,5 40:5
apologize
23:4,6 26:8
32:5
appeal
40:11 42:23
APPEARANCES
2:1
Appeared
2:7,12
application
31:7,12 38:7
applies
20:13 29:2,4
approach
5:2,8,9 8:10
15:11 20:24
22:24 23:7
25:13 26:4
26:18
approved
42:21
Approxima ...
6:17
arrives
28:8
ascertain
30:19,22
asked
37:4,6 38:19
asking
27:13 33:21
39:8,14
aspect
5:5
assistant
19:7,11
associated
34:8
attached
8:14,17,23
November 17, 2011
45
9:6 11:10
13:4,22
14:3 18:17
attaching
14:1
attempted
5:11 .
attorney
44:14,16
August
6:24
Aurora
9:22 10:8
authorized
44:8
Avenue
1:16 2:10
aware
24:25
--------
____ B ____ _
back
7:24 16:25
18:16 21:10
37:8 40:20
43:1,1
backwards
19:6
balance
30:20
Bank
12:7
Banker
18:15,21
19:1,2,7,15
19:21 20:6
banking
16:16
behalf
2:7,12 9:15
10:24 19:20
19:22 20:3
20:5,7 27:1
33:22 34:25
believe
6:1 8:18 9:2
10:5 11:15
12:3,6
25:20 26:14
27:11 31:22
bench
41:7
best
38:5
beyond
34:10
Bishop's
33:7
blank
. 19:9
blanket
10:11
blow
31:4
book
28:22
borrower
21:18 27:22
borrowers
24:19
borrower's
24:17
Boulevard
33:7
break
40:24
brief
12:5 40:17
40:18
bring
21:19
building
33:6
buildings
33:4
burden
10:23 37:13
42:9
bury
4:16
business
16:8,10,13
18:20 19:16
19:25 21:11
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
COURT PROCEEDINGS
c
22:1,16,19
23:15,16
24:5,8
25:17,19
26:15 27:8
27:11,19,20
29:3,10,22
30:1,8,9
31:13,22
32:14,16
34:1,3,20
36:19,21,25
37:1,2,14
37:16 38:13
38:23 39:3
40:1,2,8
4:1
Caldwell
18:15
calendar
6:21
call
7:16 14:19
14:21 28:19
34:14
Cappa
2:9,9,9 3:6
5:6 7:15
8:9,12 12:6
13:1,7,23
14:8 17:14
17:15,21
18:24 23:1
23:5 25:8
25:16 26:13
27:10 30:7
30:23 31:21
32:3,22
33:24 34:7
34:17,18
35:13,25
36:4 37:4
38:17,19
39:4,9,11
39:14,19
41:3,18,23
42:19
care
6:25
case
1:3 4:3,4,7
4:7,12,18
7:25 8:2,20
10:9 12:23
13:9,16
18:2 34:15
40:13 41:1
caselaw
8:13
cases
4:5
Casperite
2:16 3:4
7:18 14:22
15:1,18
cause
41:8
Center
25:18 30:9
34:19,23
35:7,22,23
36:3,8,9,12
37:5,7,14
Central
2:10
Century
19:23
certain
13:21 32:6
Certificate
3:10 44:1
certify
44:8,13
cetera
26:23
chance
27:14
change
5:4
charges
38:8
check
24:23 28:8,8
28:19,25
CI
1:3
Circuit
1:1,1,14
circuits
18:2
city
33:3
Civil
1:2 41:5
claimed
10:12
clarify
19:3
clear
7:10 26:14
clearly
25:18
clerk
18:8 42:24
client
4:23 5:12,22
5:25 6:10
6:25 7:2,9
7:19 10:2
11:18 12:1
34:2 39:1
39:16,24
40:17 41:16
client's
6:5
clock
7:21
closed
11:23
code
17:6
Coldwell
18:21 19:1,2
19:7,15,21
20:6
collected
20:12
collection
31:6
November 17, 2011
46
come
4:11 14:23
28:19 40:20
comes
28:4,7
coming
31:9 43:4
companies
19:20 35:1
company
19:19,24
20:1
compile
24:1 29:22
complaint
8:14,19,23.
9:6 10:15
11:10 12:8
12:17 13:2
13:3,8,9,11
13:22,25
14:3,9
completes
32:18
complex
15:22,23
33:9
conclude
41:1
conclusion
33:22 40:15
confer
40:17
confirm
29:25
connected
44:16
consider
13:10 14:17
contain
11:13 39:19
contains
15:10
contention
11:19
Continuance
4:22 8:5
continuation
5:4
continue
4:2,12 6:1
7:8
contract
20:2
contractual
42:13
contribution
5:16
copy
5:10 9:6
11:8,8 15:8
18:3,11
20:25 21:6
23:2 38:2
corner
26:24 31:15
corners
8:19 13:8
corporate
7:16 25:20
corporation
1:5 15:20
16:3 18:20
18:23 19:1
19:8,12
20:2 33:1
37:17,19
correct
6:12 7:9
29:15
corresponds
17:18
counsel
4:22 6:16
8:3 15:7
16:21 44:14
44:16
County
1:1,16 44:5
coupon
28:22,23
coupons
29:18
course
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

COURT PROCEEDINGS
22:16 23:16 1:16
24:4,11 courtroom
27:7,20 7:21
26:9 29:9 cover
29:16,21 42:21
37:1 40:1
created
COUrt
12:19 23:15
1:1,14 4:2,5
30:18
5:9 6:6,10
creates
6:15,20,25
22:5 39:24
7:6,12,17
crisis
7:19,24
4:15
8:11 9:4,23
cross
10:1,19,25
32:12,20
11:4/19,22
34:16
12:5,7,17
Cross-Exa ...
12:22 13:5
3:6 32:21
13:5,7,12
cross-exa ...
13:17 14:4
30:12 31:25
14:13,23
32:8
15:9,12
cure
16:24 17:2
12:16,16
17:7,12,13
24:23
17:19,22
current
18:5,8 19:4
15:19 21:19
21:2 22:25
currently
23:8 25:5,7
25:1
25:9,24
customer
26:2,6,9,12
26:10 28:5
26:16,20
28:22,24
27:13 30:11
30:25 31:18
29:1,2,5,12
31:24
34:24 35:20
32:4
32:9,20
36:9,13,15
33:23 34:6
36:16,23
34:14 35:15
customers
36:1,5
20:1,4
37:10,24 --
38:18 39:7
D
39:10,12,14
D
39:18,21
1:8 2:17 4:1
40:5,16,18
20:18 21:9
40:23,25
24:21
41:2,13,19
Dale
41:22 42:3
1:22 44:7,23
42:6,23
date
43:3,7,11 1:15 17:8
Courthouse 20:21 28:23

dated
6:8 44:19
dates
31:8,8
David
2:16 20:18
21:9 24:21
day
7:1
days
21:17,19
DCA
8:20
debt
9:18,22
Deburg
10:9
decide
4:11
decision
7:14
default
2:3 21:22
22:3,7
23:19,21
24:22,24
25:2 41:10
41:17 42:2
42:5,7
defaulted
42:11
defect
12:16
Defendant
2:12 5:13,15
41:11
Defendants
1:9 42:10
Defendant's
6:5 8:4
Defense
41:2
Defense's
3:8
definition
13:24
DeFranco
November 17, 2011
47
1:22 44:7,23 38:21
delinquent difficult
21:17 22:17 38:6,10
demand direct
3:16 21:12 3:5 10:4
21:15 22:2 15:15 30:14
22:5,12,13 32:19 34:11
22:15,20 34:16 40:15
23:5,13,16 directed
23:21 24:2 41:6 42:3,18
24:8,10,14 directly
24:16 25:6
8:21 12:6,11
39:5 41:17
discovered
42:1
7:2
denied
discovery
5:18 6:19,23
9:10,21
8:4 14:14
26:14
deny
dismissal
14:10 37:10
3:8 41:4
department
District
15:25 28:14
12:7 13:13
29:1,2,5,13
40:12
36:10,13,15
docs
36:16,24
16:17
depending
document
6:18
6:7,12 7:9
Deposition
10:6 11:17
1:23
17:10 21:4
describe
23:10 26:9
18:18 19:14
26:19 29:24
21:15 23:10
32:1,13
36:8
35:3 37:18
description
38:7
16:20 documents
despite
12:19 16:25
31:14 17:5 18:7
destroy 34:24 35:5
18:1,4 doing
detail 18:20 26:8
28:12 dollars
determine 7:10
13:18 draft
different 42:19
8:15,23 11:5 Drive
14:1,2 24:15
18:25 27:1 due
33:4,5,9
16:19
34:25 35:6
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
COURT PROCEEDINGS
duly 34:13 37:3 17:24 18:3
15:2 41:24 42:7 18:6,12
duty entering 22:23 25:10
22:12 24:1 12:18 25:11 26:3
enters 31:20 32:6
E
29:12
32:10 34:4
---
E entertain
36:20 37:3
1:22 4:1,1 27:15
37:11 38:25
early entire
41:15,24
5:1 33:3
42:7,16,23
easiest entities
exact
38:14 19:16 27:2
38:7,9
eight entitled
exactly
6:20 7:7 12:10,13
28:19
8:16 14:8 32:12 37:13
examination
either entity
3:5,7 10:4
4:12,18 7:12 9:9 20:6
15:15 32:19
22:8 37:14 28:1 31:14
34:11 35:16
elements 34:12,20
40:15
41:8
35:24 36:3
examined
elicit 37:6,20
15:3
25:22
ERA
example
employ
19:23
27:22
29:17
erred
exception
employed
12:17
34:5
32:23
escrow
Excuse
employee
31:10
6:22 39:11
44:14,15
escrows
exhibit
employer
31:5
3:14,15,16
15:19
Esquire
15:8 17:17
endorse
1:23 2:3,9
17:18 18:13
11:13
establish
21:1 22:23
endorsement
32:14 41:10
25:6,15
10:12 19:9
42:5
31:19
19:17
established
exhibits
enforce
36:20 41:7
3:12 15:11
12:9,10,13
42:8,13
17:24 18:1
41:25 42:14
establishing
experience
42:17
42:9
16:13,15,16
enter
et
explain
17:3 25:5
1:8 8:1
5:3 18:17
40:16
26:23
26:22 27:25
entered
evidence
28:11,14,20
4:25 5:12
9:17 10:7
31:2 33:10
18:3,12 11:11 13:10
explained
20:25 31:20
13:21,21
28:2 29:19
32:7 34:4
17:3,6,18
F

.

November 17, 2011
48
fact fine
12:20 13:15 17:21 2thl8
13:17,17,18 first
14:5,15 1:16 4:20
31:14 42:11 5:16
facts 14:20 19:5
5:7 19:6 20:19
failed 25:24 29:14
9:16 12:8 first-time
41:10,11 5:15
42:5 flip
familiar 18:16
16:8,12,16 Florida
27:6,18 1:1,17,22,23
familiarity 2:3,5,10
21:12 24:15 33:12
far 41:5 44:4
16:17 38:7 folder
feel 15:8
32:14 folks
Feltus 4:10
8:12,20 12:7 following
figure 41:8,9
40:7 follows
file 15:4
10:1 11:25 Foreclose
11:25 13:2 23:12
17:13 foreclosure
filed 8:2,14 11:10
4:7,22 7:1 12:18 15:25
8:13,16,17 21:20 41:9
9:19 10:1 foregoing
11:5 14:9 44:9
14:12 16:25 form
17:8 22:17
26:25
42:24 forward
filing
14:23
4:7 8:17,21 foundation
11:12 12:15
27:14,16
14:9 17:10
36:21
final
four
12:18 30:18
5:18 8:18
financial
10:13,15
4:14
13:8 15:10
financially
40:19
44:17 further
find 12:23 44:13
25:24
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

COURT PROCEEDINGS
Furthermore
41:25
G
4:1
Gate
33:7
G
general
21:16
generally
16:10 22:1
27:6118
28:17118120
28:22
generated
21:18 26:25
generic
26:25 34:23
36:10
genuine
12:19 13:16
14:14
getting
13:12
give
27:14 43:1
given
8:2
giving
41:24
go
4:3117 7:14
9:1 16:2
19:4 21:10
27:16123
30:15 37:8
goes
4:20 5:6
21:17 28:7
28:13
going
4! 2 1 12 1 13, 17
7:12113,20
14:14 15:6
16:11 22:6
25:13 27:15
29:13 30:11
31:10 32:7
37:10 38:16
40:20
good
7:1
grant
12:23 13:13
granted
42:4,18
great
30:12
grounds
42:4
Group
2:3
guess
4:17
Hall
33:5
hand
H
15:13 25:13
26:19
handed
6:7 23:11
29:24
handing
18:11 20:24
22:22
handle
16:1 20:3
28:5
handles
31:7
happened
12:25
head
4:16
heading
35:3
hear
6:15
hearsay
30:10 31:23
31:23 34:4
39:15

held
12:8,20
hesitant
28:16
Highway
2:4
histories
27:7,19
29:18
history
9:10,12
20:13 22:7
28:6 29:25
30:4,20
31:3119
35:5118
36:20 38:3
38:16,25
39:1,15,25
history-type
29:22
Hold
27:13
holder
10:10,13,14
10:22 11:3
11:18 12:2
14:2,11,16
33:19120
Home
18:15 19:2,7
19:21 20:6
HON
1:13
Honor
4:21 5:2,8
5:10 6:13
6:22 7:5,18
9:24 10:8
10:16,21
11:15 12:1
14:21 15:6
15:7111
16:24 17:9
17:16,25
18:9,24
20:24 23:6
23:7 25:4
November 17, 2011
49
25:12,13,22
26:1,5,11
26:18 27:10
30:16,23
31:17,21
32:5118
35:14 36:18
37:22 38:24
39:11120123
40:14,22
41:3,12,14
41:20,23
43:2,6
__
ID
37:11
identific ..
27:2
identify
21:4
ID
1
ed
32:11
II
2:9
inception
12:3
incurred
12:14
INDEX
3:1
indicate
10:11
indicated
12:24
indicates
10:9 11:17
indirectly
12:12
information
22:11,13
23:20 24:1
initialed
5:24
inputted
23:20
inquire
26:16
inquiry
39:23
inspections
31:7
instance
19:21 21:22
instrument
12:9,10,12
12:14
intended
5:22
intent
21:18,22
Intention
23:12
interest
6:5,5
interested
44:17
interrupt
7:7
investor
10:24
involuntary
3:8 41:4
issue
4:24 5:3 9:7
9:13125
10:2,19
12:20 13:14
13:16,18
14:15 16:19
issues
5:13 8:25
16:1,1
items
42:25
Jersey
27:3 33:2,14
43:5
Jessika
1:8 2:17 8:1
20:18 21:9
24:21
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
COURT PROCEEDINGS
Job
1:24
JOHN
2:9
Judge
1:13,14
Judges
3:9
judgment
12:18,24
13:14 30:18
judicial
1:1 17:3
July
6:23 20:22
June
6:23
--------
__ _::It:__ __
KATHERINE
2:3
keeps
27:18
kept
22:15 23:16
24:4 27:7
36:25 39:25
kind
5:2 16:19
know
7:19,22 18:1
21:12 28:3
28:5,18
34:22 35:4
39:13 41:6
knowledge
22:6,8,10
23:23 29:13
35:10 37:1
37:7
KtilkaOde
2:6
--------
label
19:18
labor
L
11:22
language
41:16
Lantana
24:15
largest
19:19
Laurel
33:2,3
Law
2:3
lawyer
39:22
lawyers
39:22
lay
27:14,16
leading
30:14,24
35:25 38:17
Lee
33:5
legal
16:20 33:22
lender
18:14 19:18
letter
3:16 21:13
21:15,23
22:6,12,13
23:5,13,16
23:21 24:2
24:8,10,14
24:16,20,22
25:6 41:17
42:1,1,2,7
42:21
letters
22:2,15,20
39:5
lets
4:3 21:10
27:16 40:20
liaison
15:22,23
Limine
3:3 8:9 9:1
November 17, 2011
so
14:14
limited
34:16
line
5:21
lines
5:20
litigated
16:1,19
little
28:12,16
38:21
live
33:14
loan
4:25 5:11,17
5:22,25
6:18 10:22
10:23 11:24
20:8,9,10
21:17,19
25:1 28:4
31:12 34:13
36:22 38:3
loans
18:15 19:2,7
19:20,21,22
20:3,5,7
22:17 27:20
35:6
long
6:7,11,15
16:4 33:16
look
20:19
35:5
38:3
2:18 20:18
21:9 24:21
mainframe
38:6,9,12
making
23:25
March
6:6,8,21
marked
18:5 22:23
25:14,18
32:11 37:11
material
12:20 13:15
13:16 14:15
ma'am
6:9 7:11
11:7,21
mean
6:20
means
13:15
Memorial
2:4
mention
19:24 37:18
merely
36:23
met
37:12 42:8
method
38:5
mind
5:4
minute
39:7
minutes
8:3
mitigation
6:2
modification
4:25 5:11,17
5:23,25
6:18
modify
---M---- 7:13
5:6,19
29:24
35:18
38:14
looking
24:10 26:13
29:6
loss
12:10,14
lot
19:23 34:25
M
money
28:25
month
40:11
months
4:6,6,8 6:17
6:20 7:8
8:16 14:8
16:6 33:17
mortgage
1:5 3:15
7:25 8:2
9:5 10:10
10:10,17,22
10:23 11:3
11:8,9,10
11:16 12:3
15:20,24
16:5,8,18
17:1,1,4,4
17:13,17,23
18:20,21,22
19:1,8,11
19:18,23,25
19:25 20:2
20:13,17,20
21:6,7,8,21
23:20 24:23
25:1,17,18
26:23 27:12
27:20 30:9
32:25 33:8
34:9,13,19
34:23 35:7
35:8,11,22
35:23 36:3
36:8,9,12
36:22,24
37:5,5,7,13
37:17,19
39:16 40:7
40:8 41:15
41:21 42:10
42:11,14,18
motion
3:3,8 4:22
5:6 8:4,9
9:1 13:1
14:10,12,13

Facsimile: 813.221.0755
Toll Free: 800.838.2814
Suite 3350
Tampa, FL 33602

COURT PROCEEDINGS
18:7 42:3
Mount
33:2,3
move
36:19 41:4
multiple
33:10 36:11
H
4:1
name
H
5:21 15:17
16:20 20:3
34:23 36:10
38:12
nation's
19:19
near
22:2 23:21
necessary
41:8
need
28:18 39:13
neither
5:14
never
14:4,9,11
41:23
Hew
27:2 33:2,14
43:5
non-jury
1:12 44:9
non-leading
36:6
normal
23:16 '27:7
28:9
North
1:16
Notary
1:22
note
3:14 8:15,15'
8:22 9:5,25
10:1,3,5,10
10:11,17
11:3,8,9,14
11:16,20,25
12:3,15,21
13:3 14:2
14:11,16
17:2,4,17
17:22 18:11
20:13,17,20
24:19 33:19
33:19 34:1
34:3,9
41:15,25
42:1,14,17
notes
9:3 11:5
notice
8:17 11:12
17:3,10
21:17/22
23:12
notified
7:3
November
1:15 4:9
6:24
nullity
8:24
Humber
4:4 7:25 9:7
9:13 10:19
26:2/3
numbering
17:20
0
0
4:1
object
18:24 23:1
25:16 27:10
30:7,23
31:21 37:4
39:12 42:21
objection
17:14,19
25:7,8
27:15 31:24

32:3/9
33:21 34:2
34:10 35:25
36:4 38:17
39:8/9
objections
17:15
occurred
12:11 31:9
occurs
11:7 28:15
28:17
october
6:24
offer
13:21 19:25
25:23 32:2
32:15
offered
10:3 41:14
office
32:25 33:8
office's
26:8
okay
10:19 11:4
12:5,22
13:12 14:13
15:9/14
17:12/22
26:6 28:11
30:15 31:4
32:20 33:18
34:17,19
39:12/18
41:22
once
16:18
opportunity
30:3
opposed
26:24
opposing
4:21 15:7
order
18:8,22
19:10 28:25
42:19
November 171 2011
51
original
8:22 9:25
10:1,5
11:12/16,25
12:15 13:11
16:25 17:1
17:1,4,4/9
17:13 18:7
18:14 41:15
originally
5:17 14:3
originate
19:20,22
20:2
origination
11:9,24
20:10
outside
4:8 13:10
owned
12:20
owner
9:16,17,22
10:3,14,17
14:2,11,16
33:19
ownership
12:12 41:11
p
4:1
page
p
3:2 5:18
20:19
pages
1:24 18:16
20:15
paid
18:22 31:5
42:10
paragraph
10:13,15
Parish
1:8 2:17,18
8:1 20:18
20:18 21:9
21:9 24:21
24:21
part
29:3 41:16
particular
21:21 23:19
parties
34:8 44:15
44:16'
party
9:11,21
34:12
pay
18:19 19:8
19:10 31:10
payment
5:16,16
20:13 22:7
27:7,19,23
27:25 28:3
28:6,7,11
28:13,21,23
29:4,6,10
29:14,18,22
29:25 30:4
30:19,20
31:2,19
35:18 36:20
38:3,15/25
39:1,15,25
42:6
payments
9:11,12
20:12 28:5
31:5,8,12
38:8
people
7:4 29:17
permanently
13:24
person
12:9,13 22:5
22:6,11
23:25 29:4
29:12
personal
22:6,8,9
Petersburg
1:17 2:10
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33502
www .esqui resolutions.com
COURT PROCEEDINGS
PHH
1:5 7:25
9:12 10:2
10:12 11:1
11:1,2 12:2
15:20,24
16:5,8,15
16:17 18:20
18:22 19:8
19:11,15,18
20:2,9,12
23:17 24:11
24:23 25:17
25:19,21
26:24 27:8
27:12,18
28:13,21
29:16 30:8
32:23,25
33:16,18,25
34:1,3,9
35:7,11
36:10,16,24
37:5,16,19
38:3,16,24
38:24 39:5
39:16 40:2
40:7,8
PHH's
27:4 29:21
30:1 31:13
31:22 36:16
38:12
phone
7:16
Pinellas
1:1,16 18:1
44:5
place
1:16 6:11
7:3
plaintiff
1:6 2:7 4:20
8:6,13,18
9:4,7,9,10
9:13,16,19
10:12,21,25
11:1 13:2
14:16,19
25:15 32:1
37:12,16
42:5,12,17
42:25
Plaintiff's
3:13 7:15
10:15 18:13
20:25 22:23
25:6,10,11
26:15 31:19
32:16
pleading
14:12
pleadings
13:8
please
15:17 18:13
18:17 19:14
20:15 21:4
21:15 23:10
24:13,19
26:22 31:2
40:25
point
8:6,8,21
9:19 12:6
16:23,24
25:4 31:17
31:25 32:10
32:11,15,18
34:15 36:18
39:23 42:12
portion
5:24
position
13:20
possession
12:11
possible
38:23
possibly
5:4 6:2 40:1
post-trial
18:6
practice
24:7,11
precluded
9:4,8,14
10:6
PRESENT
2:15
presented
11:11 25:20
president
19:8,11
pretend
4:16
previously
23:14 29:19
30:18
primarily
40:3
print
38:2,11,15
38:23 39:6
printout
38:6
Prior
16:15
private
19:18
probably
26:8
problem
40:19
Procedure
41:5
procedures
24:11
proceed
4:24 8:5,7
10:9,17
11:16 15:14
40:25
proceeding
10:14
proceedings
1:12 21:20
44:11
process
27:25 28:4
28:12,15,21
31:6
processed
November 17, 2011
52
28:14
processing
28:9
produce
9:17 39:1
40:1
producing
9:14
Professional
44:7
proffer
37:22
proof
42:1,2,9
proper
13:3 37:2
property
31:6,10
proposed
15:10 25:14
protection
12:14
prove
41:11
provide
15:7
provided
9:21 26:14
Public
1:22
Purkey
13:9
purported
21:6
pursuant
41:5
pursue
6:2 41:8
pursuing
41:20
put
22:12 24:1
26:3 29:17
36:13 42:23
puts
22:11
putting
29:6
P.L
2:3
p.m
1:18,18
43:11
-------
___ j=l--- ---
qualify
27:24
question
30:12 37:23
39:14
questioning
16:20
questiotts
20:4 35:13
37:9 38:20
39:8
--------
R __ ___::=....__ __ ._
R
2:9 4:1
reach
16:22
read
18:8,13
20:16,20
24:13 35:19
38:7,10
reading
18:25
ready
4:23 8:7
really
40:5
reasons
4:14 41:9
receive
14:5,6
received
14:8 17:24
25:11 28:13
29:1,6 31:5
31:8 37:2
recess
7:23 40:17
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

COURT PROCEEDINGS
40:19
record
4:3 7:21,24
14:6 15:17
17:16 20:16
20:20 21:5
23:25 24:4
25:17,19
26:15 27:4
27:11 29:22
30:8,9
31:13,22
32:14,16
34:1,3
36:21 37:12
37:13,14/16
38:23 39:3
40:3 42:6
42:15,23
44:10
records
16:8/11/13
21:11 22:1
23:15 27:19
29:3 30:1
36:25 37:2
38:13 40:9
recourse
18:20 19:6
redirect
3:7 32:2,13
35:15,16
redo
16:21
referring
5:7
reflect
17:17
reflects
18:22 19:2
Registered
44:7
regular
22:16,19
24:4,7
27:20 29:3
29:9,16,21
36:25 39:25
regularly
22:16
rejected
5:25
related
31:11
relationship
19:15,16
relative
44:14,15
relies
9:2
relying
9:5,8
reoffer
32:15
reply
12:5
report
44:9
REPORTED
1:21
Reporter
3:10 44:1,8
represent
16:2
represent .
7:16 25:21
request
17:2 25:5
31:18 37:10
40:16
require
21:22,23
required
13:9
reside
33:12
resolution
6:4 16:22
resolve
4:12 16:22
respectfully
4:23 6:13
17:2 25:5
31:18 40:16
respond

41:12,18
responsib
16:2,18/21
rest
41:1
return
18:7
review
22:7 28:6
30:3 35:4
37:8
reviewing
29:14
re-offer
32:8
right
5:20 7:3,24
9:23 11:24
14:13,19
17:7 26:4
26:16,20
28:13 31:24
32:17 35:15
40:18 41:25
42:3,13,17
right-hand
26:23 31:15
35:21 36:23
Road
33:6
Ron
15:13,19
16:4,7
19:14 20:8
20:23 21:4
21:10 23:10
26:22
Ronald
2:16 3:4
14:22 15:1
15:18
roughly
8:16 33:17
RPR
1:22 44:23
Rule
41:5
ruling
November 17, 2011
53
3:9 42:22
s
s
4:1
sand
4:16
saying
10:25 11:1
19:1 39:16
says
8:6 26:10,22
38:24 40:2
scope
34:11
second
8:20 13:13
19:9 40:12
42:12
Secondly
10:8
section
10:14
see
5:20 27:14
27:16 40:20
43:7
seeking
12:9
seen
14:4
self-auth .
10:6 11:17
17:5
Seminole
24:15
send
24:16,22
28:24 42:20
sent
21:18,24
24:14,23
35:18 39:5
42:2
separate
34:21 35:24
37:20
September
4:8 6:24
served
17:10
service
28:5 29:1,2
29:5 30:9
34:19/23,24
35:7,22,23
36:3,318,9
36:10,11
1
12
36:13,15,16
36:24 37:5
37:7,14
servicer
9:15,18
1
20
10:22 11:2
11:18 12:2
41:21 42:14
services
1:23 20:1
29:13
servicing
20:4,8,9
25:18 26:23
31:11 36:22
setting
14:1
settlement
4:19 8:4
seven
6:17
show
9:11 20:20
37:13,15
42:16
showing
14:2
shows
9:21 41:15
41:17
side
34:15 35:21
36:23
signatures
5:19
signed
5:23 6:11
Toll Free: 800.838.2814
Facsimile: 813.221.0755
suite 3350
Tampa, FL 33602
COURT PROCEEDINGS
7:2,4 19:7 stated sustained
19:10 20:16 12:17 34:24 30:25 31:25
20:21 21:8 statement 32:3,4,10
simply
9:14 33:18 33:23 34:6
33:3 41:25 33:25 35:20 34:14 36:1
42:2 statements 36:5 38:18
sir 9:8
sway
33:15 43:4 states 5:3
situation
18:19
swear
8:12 stating 14:24
six
9:20 26:24
sworn
6:17 stenograp ... 15:2
SIXTH 44:9
system
1:1 step 29:7
smart 12:22
syst:ems
40:6,10 straight 26:25
somebody
39:4
40:6 struck
T
- ....
somewhat
9:3
Tab
30:5,8 stuck
23:3,3,4
sophistic ..
8:18 13:7
take
39:17 submit
7:617 12:22
sorry 18:6
17:2 40:18
39:20
42:22
subsequent
sounds 8:21 9:3
taken
35:24 12:15
40:24
speaking substanti. ..
talking
16:10 22:1 8:15122
21:11 23:14
specific sufficient
Tampa
28:23 36:21
1:23 2:5
specifically Suite
taxes
9:22 16:12 2:4
31:10
26:24 27:19 su:mma.ry
taxpayers
39:2 12:18,23
7:10
spot 13:14
tell
5:20 supervised
4:18119 15:2
St 22:9
17:7 21:8
1:17 2:10 supposed
25:24 28:16
stage 13:24 28:24
30:13 40:12
13:19 39:13
42:20
standing Supreme
tells
10:18 4:5
31:3
start sure
Ten
7:20 18:1 37:20
40:19
state 37:24 39:10
terms
1:1122 15:17 suspect
21:16
44:4 40:6110
testified

'
ESQ l ! . . ! . , B J ~ ~
November 17, 2011
54
15:4 23:14 10:21 11:2
36:22 37:20 11:7,21,24
testify 14:21 15:6
10:24 12:1 15:10,13,16
28:3,6,10 16:23 17:9
34:3,21 17:16,25
35:4,9 18:9,10
36.:24
19:13 21:3
testimony 22:24 23:3
3:425:23
23:6,9 25:4
32:6 37:15
25:12,22/25
43:4 44:11
26:4,7,11
thank
26:18,21
7:12/18,22
27:17 30:16
9:23 14:23
30:17 31:1
15:11,12
31:17 32:5
17:25 18:9
32:17 33:21
20:23 21:10
34:2,10
25:12 26:5
35:17 36:2
30:16 32:17
36:7,18
40:14,22,23
37:22 38:1
41:2122
38:21 39:23
43:21313,4
40:14122
43:6,7
41:1112114
They'd
41:20 42:20
22:8
43:2
thing
time
20:23 38:9
1:18 5:14
things
16:23 22:3
11:22 14:17
23:21 24:17
19:23
25:4 29:10
think
31:17 32:18
36:18 38:14
6:3 13:7110
25:25 26:7
41:3 43:8
38:19 42:25
title
thirty
15:21 16:1
8:3
16:19
thought
today
4:23 14:18
6:10
three
top
5:21 35:19
8:25 9:13
25:25
40:8
Tilka
tracks
9:12
2:3 3:5,7
trained
4:21 5:8110
16:7
6:9,13/17
training
6:22 7:5,11
8:7 9:24
16:13
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

COURT PROCEEDINGS
transcript
44:10
trial
1:12 4:3,11
4:13 6:2
7:8,14,20
8:1,5 12:17
13:20,25
14:18 16:2
39:2 40:3
41:7 44:9
tried
4:10
true
9:16,22
10:25 11:1
44:10
truth
15:2,3,3
try
4:5,18 13:15
13:17 40:13
trying
38:22
turn
5:18 20:15
turned
9:10
Twelve
4:6
twisted
26:7
two
5:20 9:7
10:20 11:5
11:13 17:23
18:17 26:6
41:10 42:4
42:25
type
6:4
Typically
11:7,25
u
ultimately
5:18 6:19,23
understand
39:21
upper
26:23 31:15
35:21 36:23
USAA
19:24
use
33:9
v
varies
9:5
verdict
41:6 42:4,18
versus
7:25 10:8
12:7
vice
19:8,11
VB
1:7
w
wait
39:7,7,18,18
39:18
want
4:19 28:20
40:5 43:1
wants
4:16
wasn't
7:1,2
waste
7:9
way
29:7 33:8
35:9 36:13
38:14,15,23
39:24 40:7
welcome
42:22
weren't
5:19
we'll
7:21 8:5
40:13,18
we're
4:11,13,14
4:15 7:12
7:13,20 8:1
8:7 10:13
10:14 13:19
13:19 16:11
19:19 20:5
39:21 40:20
41:20
WJ:LLIAMS
1:13
wire
28:19
witness
8:8 14:20
15:2,5 19:3
19:5 25:14
32:12 33:22
37:15,19,23
38:22 43:6
work
6:3 8:3
15:25 16:21
20:7 27:1
28:4 33:6
34:25
worked
33:16
working
16:4
works
33:10 36:15
worldwide
4:15
wouldn't
7:6,7 39:2
wrong
6:11 40:9,11
40:12
"------
y
yeah
32:9
year
4:10 5:1
years
November 17, 2011
55
16:16
year-by-yea:r
31:4
0
09-016602
1:3
09-016602-CI
7:25
09-016602
4:4
1
1
1:24 3:14
17:17,24
18:13
1.420(b)
41:6
11/19/2009
17:11
12
4:6
12/06/2011
44:19
1229
2:10
14
4:6,6,8
15
3:5
17
1:15 3:14,15
18
16:6 33:17
18th
4:8
19th
6:23
2
2
3:15 17:18
17:24 21:1
20
16:16
200
2:4
2001
33:7
2006
12:4 20:22
2009
4:4,8 6:6
16:25
2010
4:9
2011
1:15 6:8,21
21
19:23 20:22
25
3:16
264263
1:24
3
3
3:16 22:23
23:3 25:6
25:10,11
26:2,3
3:00
1:18
3:30
7:20
30
21:19
32
3:6
33634
2:5
33705-1691
2:10
33777
24:15
34
3:7
342-2200
2:5
-------
4
4
23:3,4 25:15
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602
www .esquiresol utlons.com
COURT PROCEEDINGS
31:19
4:20
40:20
4:30
1:18 43:11
4001
33:5
41
3:8
42
3:9
44
1:24 3:10
45
21:17
4919
2:4
--
5
--
545
1:16
.7
727
2:11
-- 8 __ _
8
3:3
800-838-2814
1:23
813
2:5
813-221-2535
1:23
8470
24:15
894-3159
2:11

E S Q Q . ! . B ~ ~
November 17, 2011
56
Toll Free: 800.838.2814
Facsimile: 813.221.0755
Suite 3350
Tampa, FL 33602

Jessika D. Parish and David M. Parish
C/0 John R. Cappa, II, Esq.
1229 Central Ave
St Petersburg, Fl 33 705
SERVICE LIST
American General Home Equity, Inc.
C/0 Corporation Service Company, R.A.
1201 Hays Street
Tallahassee, Fl 32301

Parris Transcript

Caricato da

Informazioni sul documento

Copyright

Formati disponibili

Condividi questo documento

Condividi o incorpora il documento

Opzioni di condivisione

Hai trovato utile questo documento?

Questo contenuto è inappropriato?

Copyright:

Formati disponibili

Parris Transcript

Caricato da

Copyright:

Formati disponibili

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

Potrebbero piacerti anche