1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

2 CIRCUIT CIVIL DIVISION
3 CASE NO.: 2008-CA-004248
4
5 AURORA LOAN SERVICES, LLC,
6 Plaintiff,
7 VS.
8 RITA LAWTHORN, et al.,
9 Defendants.
10 /
11 Miami-Dade Courthouse
73 West Flagler Street
12 Miami, Florida
Friday, 10:45 - 11:11 a.m.
13 January 31, 2014
14
15
16
17
18
19
20
21
22 This cause came on for hearing before the
23 HONORABLE JORGE E. CUETO, pursuant to notice.
24
25
Page 1
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 APPEARANCES:
2 ATTORNEY FOR PLAINTIFF
3 LAW OFFICES OF EVAN M. ROSEN, P.A.
EVAN M. ROSEN, ESQ.
4 2028 Harrison Street
Suite 204
5 Hollywood, Florida 33020
(754) 400-5150
6
7
ATTORNEY FOR DEFENDANTS
8
FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP
9 TODD DROSKY, ESQ.
One East Broward Boulevard
10 Suite 1111
Fort Lauderdale, Florida 33301
11 (954) 522-3233
12
ALSO PRESENT:
13
Sean Chibnik
14
15
E X H I B I T S
16
NUMBER DESCRIPTION PAGE
17
(No exhibits were marked during this hearing.)
18
19
20
21
22
23
24
25
Page 2
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 THE COURT: Come on up here.
2 THEREUPON:
3
4 SEAN CHIBNIK
5 Was called as a witness and, having been first duly
6 sworn and responding "I do," was examined and
7 testified as follows:
8
9 MR. DROSKY: Good afternoon, your Honor.
10 Todd Drosky on behalf of the plaintiff.
11 THE COURT: Good morning, Mr. Drosky.
12 MR. ROSEN: Evan Rosen on behalf of Ms.
13 Lawthorn.
14 THE COURT: Good morning, Mr. Rosen.
15 MR. ROSEN: Good morning, Judge.
16 BY MR. DROSKY:
17 Q. Could you please state your name to the
18 court.
19 A. Sean Chibnik.
20 Q. Mr. Chibnik, who is your employer?
21 A. Nationstart Mortgage.
22 Q. Briefly, what are your job duties with
23 Nationstart Mortgage?
24 A. As a default case specialist, I review and
25 respond to litigation involving residential
Page 3
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 mortgages. I assist counsel with that litigation. I
2 review and maintain business records kept in the
3 ordinary course of business. I appear and testify at
4 trial.
5 Q. Specifically, have you reviewed your
6 records with respect to the Rita Lawthorn matter
7 which is set for nonjury trial today?
8 A. Yes, I have.
9 Q. What documents did you review?
10 A. In preparation, I reviewed our servicing
11 records. I reviewed the note, mortgage, payment
12 history, and demand letter.
13 Q. Where did you view these documents?
14 A. I reviewed these documents in our business
15 records. We maintain digital copies of all these
16 documents, as well as I reviewed the physical copies
17 of the originals as well.
18 Q. Is there a platform that these documents
19 are saved on?
20 A. Yes, there is.
21 Q. Is there a specific name for the platform?
22 A. There is a remedy system.
23 Q. Is this system passcode protected?
24 A. The system can only be accessed by
25 employees of Nationstar.
Page 4
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 Q. Do you have a passcode or access to the
2 system?
3 A. Yes, I do.
4 Q. Have you been trained to read and interpret
5 the records that are on your system?
6 A. Yes.
7 Q. And are these records kept in the ordinary
8 course of business in Nationstar?
9 A. Yes, they are.
10 Q. Is it Nationstar's usual course of business
11 practice to keep and maintain these records?
12 MR. ROSEN: Judge, if I may voir dire on
13 that limited issue?
14 THE COURT: Sure.
15 MR. ROSEN: Thank you so much.
16 BY MR. ROSEN:
17 Q. Good morning.
18 A. Good morning.
19 Q. Your title is default pay specialist, did
20 you say?
21 A. Default case specialist.
22 Q. Case specialist.
23 THE COURT: But he does get paid for it.
24 MR. ROSEN: Okay.
25 BY MR. ROSEN:
Page 5
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 Q. Your knowledge of this loan is based upon a
2 review of records; right?
3 A. Yes.
4 Q. When did you first review the documents in
5 this case?
6 A. I reviewed the documents within -- when I
7 got assigned to the account. It was at least within
8 the last week. I mean, I reviewed up until this
9 morning.
10 Q. So about the last week is when you first
11 saw them. Have you seen the original note before
12 today?
13 A. I saw the original note earlier today.
14 Q. Earlier today?
15 A. The physical copy.
16 Q. When did you see the physical original
17 note?
18 A. Today.
19 Q. Just before trial?
20 A. Just before trial.
21 MR. ROSEN: Judge, unfortunately the Third
22 DCA in the Kelsey case has held -- I'll go ahead
23 and do it now. I'm going to object to the note
24 coming in, which is something I don't hardly
25 ever do, if ever. Done it once before.
Page 6
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 THE COURT: Don't hardly ever do?
2 MR. ROSEN: Yes, I've done it once before.
3 THE COURT: Is that like hardly-hardly?
4 MR. ROSEN: In the Kelsey case was SunTrust
5 Mortgage case, Third DCA, and the witness had
6 just seen the note for the first time day of
7 trial. Saw it electronically a week or so
8 before, and the Third ruled you can't
9 authenticate the note. The note is not a
10 Nationstar note. It was originally with a
11 different lender, and even if he knows the
12 recordkeeping practices of Nationstar, that is
13 not Nationstar business records.
14 THE COURT: Mr. Drosky?
15 MR. ROSEN: I'll show you the Kelsey case.
16 THE COURT: No, I know it.
17 MR. DROSKY: Judge, this is an original
18 document, your Honor. We're not seeking to
19 introduce it as a business record. It's
20 self-authenticating.
21 MR. ROSEN: The note, as far as it being
22 self-authenticating, and this is the UCC.
23 Excuse me, this is the self-authentication 9902
24 rule is that its commercial papers and
25 signatures thereon and documents relating to
Page 7
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 them to the extent provided in the Uniform
2 Commercial Code. The only thing UCC says about
3 authentication is the signature on the note, not
4 the note itself. I think the third could have
5 addressed that very easily, and based on that
6 same argument, they didn't for that exact
7 reason.
8 MR. DROSKY: I stand by it is
9 self-authenticating, Judge.
10 THE COURT: I'm going to let the note be
11 entered.
12 MR. ROSEN: It hasn't been moved in yet.
13 I'll just continue with this brief voir dire.
14 Thank you.
15 BY MR. ROSEN:
16 Q. Your title is not records custodian for
17 Nationstar; correct?
18 A. That is not my specific title, but it is
19 under my job duties.
20 Q. Your job duties, under your job duties is
21 the title record custodian? Is that what you just
22 said?
23 MR. DROSKY: Objection, asked and answered.
24 THE COURT: Overruled. Go ahead. You can
25 answer.
Page 8
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 THE WITNESS: Can you rephrase that?
2 BY MR. ROSEN:
3 Q. Sure. Your title is not record custodian
4 and you said, yes; right?
5 A. Correct. I advised my title is default
6 case specialist.
7 Q. And your job responsibilities don't involve
8 -- or excuse me. Your job responsibilities, you
9 testified to, are all reviewing records, testifying
10 in trial, helping attorneys prepare for trial;
11 correct?
12 A. I stated that, and that I review and
13 maintain business records kept in the ordinary course
14 of business.
15 Q. You maintain the records yourself?
16 A. My company does. I am an agent of my
17 company, which is Nationstar Mortgage.
18 Q. I appreciate that. I just want to know
19 what you do physically, what you personally do, what
20 you touch, what you see. What do you do for the
21 company? You don't maintain records for the company;
22 is that right?
23 A. I personally do not scan the documents and
24 send them to storage.
25 Q. And you don't keep them, you're not
Page 9
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 involved in the process of keeping records; correct?
2 A. I'm involved in the process of keeping
3 records as an agent of the company, but I personally,
4 as I just stated, do not scan nor send the documents
5 as part of my specific role.
6 Q. Do you supervise anyone who keeps or
7 maintains records in the system?
8 A. No.
9 Q. The documents, this loan in particular, was
10 not only serviced by Nationstar; is that right?
11 A. Correct.
12 Q. It was serviced by Aurora prior?
13 A. Correct.
14 Q. Prior to that, it was serviced by another
15 entity; is that right?
16 A. I'm not certain of the specific chain prior
17 to Aurora. I'm verifying that the prior servicer was
18 Aurora.
19 Q. Besides that, you don't know?
20 A. I don't know off the top of my head.
21 Q. Have you ever worked for Aurora?
22 A. To retract my statement, I believe the
23 prior servicer before that was Homecomings.
24 Q. Have you ever worked for Aurora?
25 A. I have not worked for Aurora.
Page 10
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 Q. Have you ever worked for Homecomings?
2 A. No, I have not.
3 Q. And you have never, therefore, processed
4 payments at Aurora or Homecomings?
5 A. I have not personally.
6 Q. You have never supervised someone
7 processing payments at Aurora or Homecomings; isn't
8 that right?
9 A. Correct.
10 Q. You've never been in charge of processing
11 payments at Aurora or Homecomings; correct?
12 MR. DROSKY: Objection, your Honor,
13 relevance. He doesn't have to have personal
14 knowledge of every payment that went into the
15 system. He just has to have personal knowledge
16 of the business records and how they're kept for
17 his company.
18 THE COURT: Sustained. Seems like your
19 voir dire is getting close to cross-examination.
20 MR. ROSEN: I can say that the point I'm
21 going with this, Judge, Yang case speaks very
22 clearly of this, the Glarum case speaks very
23 clear to this: if there's a prior servicer
24 that's involved, and the Yang case was two
25 accountants. One accountant could not rely on
Page 11
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 another accountant because he didn't know what
2 that other accountant did. If he never worked
3 for Aurora and the loan was serviced for Aurora,
4 and he never worked for Homecomings, and you're
5 going to see there are documents coming into
6 this case from another company he never worked
7 for, he never processed payments for, how can he
8 possibly authenticate?
9 You don't have to have personal knowledge
10 to know exactly who entered the payment. That's
11 not what Glarum or Yang says, but you do need
12 personal knowledge to that which you testify.
13 You can't just come up and repeat magic words,
14 the four prongs, and that's crystal clear in the
15 Yang case and Glarum, same thing. You have to
16 know what you're saying. You can't just, I know
17 the four things and I'm going to repeat them;
18 then the evidence comes in. That's not proper.
19 You need, under 9604, personal knowledge of that
20 which you're saying in court.
21 MR. DROSKY: Judge, I'm very familiar with
22 the Yang and the Glarum cases. Probably Glarum
23 is the world's worst witness in a foreclosure
24 case, and Yang, though not a foreclosure case,
25 is probably the world's second worst witness.
Page 12
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 Those two witnesses didn't know anything about
2 their company's procedures, how their records
3 were kept. You couldn't ask for probably a
4 worse witness in either of those two cases.
5 Mr. Chibnik and I haven't even gotten into
6 the boarding process yet since we're voir diring
7 him, but he can authenticate records of the
8 prior servicer through the WAMCO case. That's
9 the whole reason why we have the hearsay rule
10 for business records because, otherwise, you
11 would have a line of witnesses out the door.
12 THE COURT: If you are objecting as to
13 Mr. Chibnik's competency to testify about this,
14 I'm going to overrule the objection.
15 MR. ROSEN: Just, specifically, if I may,
16 Judge, for the record, Glarum dealt with, again,
17 a prior servicer, the Yang case, again, dealt
18 with a prior entity, and the WAMCO case, again,
19 dealt with someone who actually boarded the
20 loan. So we'll cover that, and I appreciate
21 your ruling, Judge, and we'll move on. Thank
22 you.
23 MR. DROSKY: May I continue, Judge?
24 THE COURT: Please.
25 BY MR. DROSKY:
Page 13
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 Q. Mr. Chibnik, was Nationstar the originator
2 of this loan?
3 A. No.
4 Q. Do you know when Nationstar started to
5 service this loan?
6 A. Nationstar began servicing this loan in
7 July of 2012 after an acquisition and purchase
8 agreement of Aurora in which Nationstar acquired all
9 of Aurora's servicing records, as well as actual
10 employees and business practices of Aurora. Aurora
11 employees became Nationstar employees. Those records
12 were thus transitioned to Nationstar.
13 Q. Do you know when Aurora started to service
14 this loan?
15 A. Aurora began to service the loan -- I don't
16 have the specific date. I would need to refresh my
17 memory, but it was a long time ago. I would need to
18 refresh my memory on the payment history. Prior to
19 Aurora, it was Homecomings, as I indicated.
20 Q. We'll get to the payment history in a
21 moment. Are you familiar, in general, what boarding
22 alone means?
23 A. Yes.
24 MR. ROSEN: Judge, if I may, I think the
25 witness may be referring to some notes in front
Page 14
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 of him. Are those your notes?
2 THE WITNESS: This is just my standard
3 sheet. I don't need it. I can get rid of it or
4 if you would like to review it.
5 MR. ROSEN: Yes, just shouldn't be
6 referring to anything while on the stand.
7 THE COURT: Just put it up here or down
8 there.
9 MR. DROSKY: It appears to be face down,
10 Judge.
11 BY MR. DROSKY:
12 Q. Can you explain what your understanding of
13 the boarding process is?
14 A. Yes. Upon a transfer of servicing, the
15 prior servicer prepares a package of data and
16 documents pertaining to the subject loan. That
17 information is gathered. It is then put into a
18 package that is sent to the new servicer. In this
19 case, it was sent from Aurora to Nationstar. The
20 documents are put in that package.
21 They're sent digitally, as well as any physical
22 documents, to the new servicer if there is a
23 potential change in where they're storing those
24 documents; then the information is sent through the
25 onboarding process where the data is validated.
Page 15
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 There's three levels of review. There's a
2 representative of Nationstar that reviews the
3 information that is obtained from the prior servicer.
4 They determine that the data is valid, the
5 information is correct on the account. They look for
6 any errors or inaccuracies. They address those
7 errors or inaccuracies and contact the prior
8 servicer, if need be, to address or correct those
9 errors or inaccuracies.
10 Once the data is validated, it is then
11 transitioned into our systems, put into the digital
12 imaging systems, maintained throughout our course of
13 business, so I think that's a fairly good summary of
14 the onboarding process.
15 Q. Was the Lawthorn loan, which is the subject
16 matter today, boarded by Nationstar?
17 A. Yes, it was.
18 Q. If there were any inaccuracies in the loan
19 documents, would that loan have been boarded by
20 Nationstar?
21 MR. ROSEN: Objection, speculation.
22 THE COURT: Rephrase. Sustained. Rephrase
23 the question. You can ask the proper cross.
24 BY MR. DROSKY:
25 Q. In what circumstances would the Lawthorn
Page 16
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 loan not have been boarded by Nationstar?
2 A. It would not have been boarded if there
3 were inaccuracies that were irreconcilable. Any
4 inaccuracies that were determined to be
5 irreconcilable would be reconciled, and the loan
6 would have been boarded.
7 Q. You testified that you reviewed business
8 records for nonjury trial today. I'm going to show
9 you some and ask you to identify them.
10 MR. DROSKY: Your Honor, the original note
11 and mortgage are contained in the 2008 court
12 file. How would you like me to -- just hand the
13 Court file to the witness?
14 THE COURT: Doesn't matter, just take them
15 out or just hand it to him, as long as he can
16 identify them.
17 MR. DROSKY: They usually go crazy
18 downstairs when you take things out of court
19 files.
20 THE COURT: Well, I really don't care.
21 MR. ROSEN: Judge, I have to object to this
22 note coming into evidence. The plaintiff has
23 sought to amend its complaint and had an order
24 amending its complaint. The note attached to
25 the amended complaint is different materially
Page 17
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 than what is here as the original note.
2 THE COURT: What is material?
3 MR. ROSEN: There's an additional
4 endorsement that is not on the note that's
5 attached to the amended complaint. This is the
6 original complaint as was submitted to the Court
7 for summary judgment. If there is a specific
8 endorsement to Deutsche Bank as trustee not
9 naming a trust.
10 The note attached to the amended complaint,
11 interestingly enough, has copies of every single
12 page. It even has those notes, and, I believe,
13 that's the judge's signature or initials that
14 they were accepted into evidence at summary
15 judgment.
16 If you keep flipping the page, every page
17 is identical, even the evidence of what I will
18 call the endorsement to Deutsche Bank is
19 noticeable on the amended complaint copy of the
20 note, but, yet, if you look at that page,
21 there's the back of the Judy Faber endorsement
22 that you can see right through here on this
23 page, but yet on the amended complaint, when you
24 flip to the next page, that's the endorsement in
25 blank. This was filed after this original was
Page 18
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 filed.
2 Furthermore, the exhibits that we received
3 today in response to trial order, we requested
4 exhibits. We followed up with e-mails. The
5 copy of the original note, which was listed,
6 that's how it was listed on the exhibit list,
7 excuse me, on the copies of the exhibits that
8 were provided, provided this note, and the
9 parties are bound by their pleadings.
10 THE COURT: I'm very disturbed by this.
11 What's the explanation?
12 MR. DROSKY: I don't have an explanation at
13 this point, your Honor. We're going to get into
14 that with the witness. We're just trying to
15 seek to introduce it to the witness right now.
16 The test is prejudice, so I don't understand
17 that there would be any prejudice to defendant.
18 If there's prejudice to anybody in this case, it
19 would be to me in trying to prove my case.
20 MR. ROSEN: Just, this has nothing to do
21 with prejudice. This is what's been deemed as a
22 judicial admission by Erhart, parties are bound
23 by their pleadings. That's the note that's
24 coming in.
25 Furthermore, I appreciate why you're
Page 19
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 disturbed about this because what appears to
2 have happened, while we're on this topic, Judge,
3 is the prior plaintiff was the specific
4 endorsee. Plaintiff sought to amend their
5 complaint and had to change to Aurora, and they
6 attach a note, Wellborn's office, not this
7 counsel, attached a note that would support that
8 cause of action, a note endorsed in blank,
9 knowing full well or should know at least under
10 the rules, under the definition of knowing the
11 preamble to the Rules of Professional Conduct,
12 connotating that as what you should know, that I
13 am -- and I knew, Judge.
14 I went down and looked at this file. I'm
15 representing the defendant. I didn't take over
16 this file from Stern's office, Wellborn's
17 office, and now Todd's office has gotten
18 involved. What implicated them in this process
19 is when they then gave me a copy of on original,
20 they quoted an original copy, and it's not.
21 So not only are they bound by their amended
22 complaint, it appears there might be something
23 that was done that was flipping a last page to
24 support a cause of action brought by Aurora or
25 Nationstar that would not have been supported by
Page 20
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 the original note. I have a -- if it will help,
2 Judge, I got a --
3 THE COURT: You know, I --
4 MR. DROSKY: It's a nice theory, Judge, but
5 there's nothing to support this. This appears
6 to be a second action, and what happens in a lot
7 of cases when you have the case is that the
8 original note is sent back and then it is
9 endorsed by the owner because Deutsche Bank is
10 the owner of this note. They're not the
11 servicer.
12 MR. ROSEN: Judge, if the owner wanted to
13 endorse it, then they should have done that, and
14 that's the way it's properly done, not removing
15 endorsements after the fact to support a cause
16 of action, if that was done or not. I don't
17 want to make allegations here, but something
18 certainly seems wrong.
19 THE COURT: How can that endorsement have
20 disappeared?
21 MR. DROSKY: No, nothing disappeared, your
22 Honor.
23 THE COURT: Isn't that the amended
24 complaint has something without this?
25 MR. ROSEN: Is missing; correct.
Page 21
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 MR. DROSKY: The amended complaint, this
2 endorsement is the same, your Honor, except now
3 it's specific, the blank endorsement is now a
4 specific endorsement to residential and a second
5 endorsement was added from residential to
6 Deutsche as the owner.
7 MR. ROSEN: But what's most disturbing
8 about the amended complaint is the prior page of
9 the note. The prior page that shows Judy
10 Faber's endorsement is there on their copy of
11 this last page, so they copied -- someone copied
12 pages one through four or five, and then the
13 endorsement which is supposed to be on the back
14 suddenly got substituted for something else.
15 THE COURT: Do you see what we're talking
16 about?
17 MR. DROSKY: No, I do, Judge.
18 MR. ROSEN: I printed out an overhead clear
19 projector sheet to help.
20 MR. DROSKY: This endorsement, this is
21 going to be really tough for the court reporter.
22 I apologize. This endorsement here, your Honor,
23 is the exact same one here.
24 THE COURT: Right.
25 MR. DROSKY: Now, on the original note, the
Page 22
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 blank now has the residential line there.
2 THE COURT: Right.
3 MR. DROSKY: The second endorsement was
4 added from residential to Deutsche, which is the
5 owner.
6 MR. ROSEN: Which this was filed before
7 that.
8 MR. DROSKY: So there's nothing --
9 THE COURT: Yes, but my problem is that
10 this was filed in 2008. Yes?
11 MR. ROSEN: 2009, actually. It was a lost
12 note count subsequently filed to support summary
13 judgment.
14 THE COURT: So in 2008/2009; right?
15 MR. DROSKY: Yes, Judge.
16 THE COURT: This was filed -- when was the
17 amended complaint filed?
18 MR. ROSEN: 2010, if I'm not mistaken,
19 Judge. Motion to amend was...
20 THE COURT: That's why I asked you.
21 MR. ROSEN: 2011, April 2011.
22 THE COURT: So two years later. How is it
23 Mr. Drosky, and the reason I asked you why did
24 this disappear is that this disappeared.
25 MR. DROSKY: Nothing disappeared, Judge. I
Page 23
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 mean, when it was amended, somebody obviously
2 took the copy of the note from the original
3 complaint and attached it to the amended
4 complaint.
5 MR. ROSEN: There's no note attached to the
6 original complaint. Todd, sorry to cut you off.
7 It's just not true.
8 MR. DROSKY: There was one in the court
9 file. I saw it.
10 MR. ROSEN: On the original complaint,
11 there was no note. It was with Stern, and they
12 attached a sheet of paper that says what the --
13 THE COURT: Can you find it in here?
14 MR. ROSEN: Sure.
15 THE COURT: Listen, this is going to take
16 more than the time I have today. Listen, if
17 something gets filed, it's got two stamps on it.
18 MR. DROSKY: Yes, Judge.
19 THE COURT: Okay. Two years later, one of
20 the stamps in the amended complaint that's
21 allegedly a true copy has one of those stamps
22 that is disappeared. Don't you see the problem?
23 MR. DROSKY: I see it as the reverse, your
24 Honor. The reverse situation happened. The
25 note had one endorsement, and then the second
Page 24
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 one was added. He's trying to say that you went
2 from two to one; I'm saying we're going from one
3 to two.
4 THE COURT: That's what he's -- what Mr.
5 Rosen, not he, Mr. Rosen is telling me is that
6 originally there were two stamps on the back of
7 that note, and all of a sudden the amended
8 complaint sheds one of those stamps.
9 MR. DROSKY: No.
10 MR. ROSEN: That's correct. That's
11 absolutely correct, Judge. What was filed in
12 the Court in 2009 has two endorsements as an
13 original. The prior plaintiff's counsel files
14 an amended complaint with one of them missing,
15 but yet again, evidence of it there on the page
16 in front of it, a bleed through, if you will;
17 then I get a copy of an original note today as
18 an exhibit, or last night, yesterday sometime,
19 despite the fact we asked for exhibits well in
20 advance, et cetera, get it yesterday, and the --
21 it's the exact same copy that has just the one
22 endorsement stating that's an original note,
23 which I know that's not an original note.
24 That's a misstatement to me. That's a
25 misstatement to the Court. I can show you that
Page 25
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 filing as well as from this counsel, from this
2 counsel's firm, as well as what we see from
3 Wellborn's firm. The amended -- the complaint
4 from Stern was -- as far as I know, had no note,
5 and what it had was a sheet of paper.
6 It has just a mortgage, has a sheet of
7 paper to say what the note terms were. It was a
8 lost-note count. So that the first time a note
9 shows up at summary judgment with two stamps on
10 it supporting a right for some other person to
11 foreclose.
12 THE COURT: In 2009?
13 MR. ROSEN: 2009; correct. Then there's an
14 amended complaint filed with a different note or
15 different endorsements, although pages one
16 through five are identical, has the Judge's
17 initials, has the date.
18 THE COURT: I don't care about the first
19 five pages. My problem is with the back, page
20 five.
21 MR. DROSKY: Somebody obviously used the
22 incorrect copy of the note to attach to the
23 amended complaint.
24 THE COURT: But you're bound by what you
25 file.
Page 26
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 MR. DROSKY: The original is in the court
2 file, your Honor. The original cures whatever
3 defects may have been in the previous filings.
4 MR. ROSEN: Judge, no way --
5 THE COURT: The original is in the court
6 file?
7 MR. DROSKY: Yes, it is.
8 MR. ROSEN: Prior to the amended complaint.
9 The amended complaint is -- their exhibits
10 control our attachments for purpose thereof
11 under the rules.
12 THE COURT: I'm going to set you for a
13 couple hours. I don't have time to do this. I
14 really am concerned about this.
15 MR. ROSEN: I understand that, Judge.
16 Judge, would you consider ruling on this issue
17 today, or would you consider --
18 THE COURT: No. I want to hear more, but
19 let's not -- both of these gentlemen I respect.
20 MR. ROSEN: Thank you.
21 THE COURT: There's nothing personal about
22 this, but I do have some concerns. These
23 documents, they're important.
24 MR. ROSEN: If I could just ask, your
25 Honor, to rule on the note not coming in. I
Page 27
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 know just because I'm prejudiced now, they're
2 going to come back and have time to prepare for
3 this, and this is --
4 THE COURT: You'll have time to prepare
5 too.
6 MR. ROSEN: I understand. Thanks, Judge.
7 THE COURT: Not next week. How much -- the
8 week after, do we have a trial? Are you in town
9 the week after next? The tenth so on Wednesday?
10 MR. ROSEN: Let me see my calendar real
11 quick.
12 THE COURT: You want to do it on Thursday
13 the 13th?
14 MR. DROSKY: I'm available, Judge. Mr.
15 Chibnik?
16 THE COURT: In my chambers.
17 THE WITNESS: I'll be here.
18 MR. ROSEN: Judge, I'm trying to find my
19 calendar.
20 THE WITNESS: Do you mind if I look at my
21 calendar as well as on my cell phone?
22 MR. DROSKY: I don't feel important. I'm
23 not looking at anything electronic for my
24 calendar.
25 THE COURT: You're an important person.
Page 28
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 You're not bound by calendars.
2 MR. ROSEN: What date?
3 THE COURT: 13th.
4 MR. ROSEN: February 13th.
5 THE COURT: Day before Valentine's Day.
6 THE WITNESS: The only thing I would ask is
7 that it would be potentially ten a.m. or after
8 since I may be on the witness list for other
9 trials.
10 THE COURT: How late is my calendar that
11 day? You want to do it at 10:15 for as long as
12 it takes? I want to be sure I'm doing the right
13 thing.
14 MR. DROSKY: Yes, Judge.
15 THE COURT: I'm going give them as much
16 time as they want. The 20th is also available.
17 MR. DROSKY: Either one, Judge.
18 MR. ROSEN: Let's see if that's any better.
19 The 20th is better.
20 THE COURT: How about 10:15 for as long as
21 it takes you.
22 MR. ROSEN: 10:15. No new evidence --
23 THE COURT: Well, the evidence is what the
24 evidence is. He's got his file there.
25 MR. ROSEN: No new witnesses at least in
Page 29
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 the order, Judge, is that okay? He's not
2 finished his case, I understand.
3 THE COURT: It is what it is. I mean,
4 nobody is going to be changing anything in that
5 file.
6 MR. ROSEN: Do you want to hold on to it
7 for the next two weeks?
8 THE COURT: Just give it to Cornelius.
9 Sequester that file.
10 MR. DROSKY: We'll just write up an order
11 continuing to the 20th, your Honor.
12 THE COURT: 10:15 and as much as you guys
13 need.
14 MR. ROSEN: In 1105?
15 THE COURT: Yes.
16 THE WITNESS: Thank you.
17 MR. ROSEN: Thank you.
18 MR. DROSKY: Thanks, Judge.
19 (The hearing concluded at 11:11 a.m.)
20
21
22
23
24
25
Page 30
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
1 REPORTER'S CERTIFICATE
2
3 I, THERESA RUST, Court Reporter, certify that I
4 was authorized to and did stenographically report the
5 foregoing proceedings and that this transcript, pages
6 1 through 30, is a true record of the proceedings
7 before the Court.
8 I further certify that I am not a relative,
9 employee, attorney, or counsel for any of the
10 parties, nor am I a relative or employee of any of
11 the parties' attorney or counsel connected with the
12 action, nor am I financially interested in the
13 action.
14
15 Dated this 5th day of February, 2014.
16
17
18
19 __________________________
THERESA RUST,
20 Court Reporter
21
22
23
24
25
Page 31
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
&
& 2:8
0
004248 1:3
1
1 31:6
10:15 29:11,20,22
30:12
10:45 1:12
1105 30:14
1111 2:10
11:11 1:12 30:19
13th 28:13 29:3,4
2
2008 1:3 17:11
23:10
2008/2009 23:14
2009 23:11 25:12
26:12,13
2010 23:18
2011 23:21,21
2012 14:7
2014 1:13 31:15
2028 2:4
204 2:4
20th 29:16,19 30:11
3
30 31:6
31 1:13
33020 2:5
33301 2:10
4
400-5150 2:5
5
522-3233 2:11
5th 31:15
7
73 1:11
754 2:5
9
954 2:11
9604 12:19
9902 7:23
a
a.m. 1:12 29:7 30:19
absolutely 25:11
accepted 18:14
access 5:1
accessed 4:24
account 6:7 16:5
accountant 11:25
12:1,2
accountants 11:25
acquired 14:8
acquisition 14:7
action 20:8,24 21:6
21:16 31:12,13
actual 14:9
added 22:5 23:4
25:1
additional 18:3
address 16:6,8
addressed 8:5
admission 19:22
advance 25:20
advised 9:5
afternoon 3:9
agent 9:16 10:3
ago 14:17
agreement 14:8
ahead 6:22 8:24
al 1:8
allegations 21:17
allegedly 24:21
amend 17:23 20:4
23:19
amended 17:25 18:5
18:10,19,23 20:21
21:23 22:1,8 23:17
24:1,3,20 25:7,14
26:3,14,23 27:8,9
amending 17:24
answer 8:25
answered 8:23
anybody 19:18
apologize 22:22
appear 4:3
appearances 2:1
appears 15:9 20:1
20:22 21:5
appreciate 9:18
13:20 19:25
april 23:21
argument 8:6
asked 8:23 23:20,23
25:19
assigned 6:7
assist 4:1
attach 20:6 26:22
attached 17:24 18:5
18:10 20:7 24:3,5
24:12
attachments 27:10
attorney 2:2,7 31:9
31:11
attorneys 9:10
aurora 1:5 10:12,17
10:18,21,24,25 11:4
11:7,11 12:3,3 14:8
14:10,10,13,15,19
15:19 20:5,24
aurora's 14:9
authenticate 7:9
12:8 13:7
authenticating 7:20
7:22 8:9
authentication 7:23
8:3
authorized 31:4
available 28:14
29:16
b
b 2:15
back 18:21 21:8
22:13 25:6 26:19
28:2
bank 18:8,18 21:9
based 6:1 8:5
began 14:6,15
behalf 3:10,12
believe 10:22 18:12
better 29:18,19
blank 18:25 20:8
22:3 23:1
bleed 25:16
boarded 13:19
16:16,19 17:1,2,6
boarding 13:6 14:21
15:13
boulevard 2:9
bound 19:9,22
20:21 26:24 29:1
brief 8:13
briefly 3:22
brought 20:24
broward 2:9
business 4:2,3,14
5:8,10 7:13,19 9:13
9:14 11:16 13:10
14:10 16:13 17:7
c
ca 1:3
calendar 28:10,19
28:21,24 29:10
calendars 29:1
call 18:18
called 3:5
care 17:20 26:18
case 1:3 3:24 5:21
5:22 6:5,22 7:4,5,15
9:6 11:21,22,24
12:6,15,24,24 13:8
13:17,18 15:19
19:18,19 21:7 30:2
cases 12:22 13:4
21:7
cause 1:22 20:8,24
21:15
cell 28:21
[& - cell] Page 32
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
certain 10:16
certainly 21:18
certificate 31:1
certify 31:3,8
cetera 25:20
chain 10:16
chambers 28:16
change 15:23 20:5
changing 30:4
charge 11:10
chibnik 2:13 3:4,19
3:20 13:5 14:1
28:15
chibnik's 13:13
circuit 1:1,1,2
circumstances
16:25
civil 1:2
clear 11:23 12:14
22:18
clearly 11:22
close 11:19
code 8:2
come 3:1 12:13 28:2
comes 12:18
coming 6:24 12:5
17:22 19:24 27:25
commercial 7:24 8:2
company 9:16,17,21
9:21 10:3 11:17
12:6
company's 13:2
competency 13:13
complaint 17:23,24
17:25 18:5,6,10,19
18:23 20:5,22 21:24
22:1,8 23:17 24:3,4
24:6,10,20 25:8,14
26:3,14,23 27:8,9
concerned 27:14
concerns 27:22
concluded 30:19
conduct 20:11
connected 31:11
connotating 20:12
consider 27:16,17
contact 16:7
contained 17:11
continue 8:13 13:23
continuing 30:11
control 27:10
copied 22:11,11
copies 4:15,16 18:11
19:7
copy 6:15 18:19
19:5 20:19,20 22:10
24:2,21 25:17,21
26:22
cornelius 30:8
correct 8:17 9:5,11
10:1,11,13 11:9,11
16:5,8 21:25 25:10
25:11 26:13
counsel 4:1 20:7
25:13 26:1 31:9,11
counsel's 26:2
count 23:12 26:8
county 1:1
couple 27:13
course 4:3 5:8,10
9:13 16:12
court 1:1 3:1,11,14
3:18 5:14,23 7:1,3
7:14,16 8:10,24
11:18 12:20 13:12
13:24 15:7 16:22
17:11,13,14,18,20
18:2,6 19:10 21:3
21:19,23 22:15,21
22:24 23:2,9,14,16
23:20,22 24:8,13,15
24:19 25:4,12,25
26:12,18,24 27:1,5
27:5,12,18,21 28:4
28:7,12,16,25 29:3
29:5,10,15,20,23
30:3,8,12,15 31:3,7
31:20
courthouse 1:11
cover 13:20
crazy 17:17
cross 11:19 16:23
crystal 12:14
cueto 1:23
cures 27:2
custodian 8:16,21
9:3
cut 24:6
d
dade 1:1,11
data 15:15,25 16:4
16:10
date 14:16 26:17
29:2
dated 31:15
day 7:6 29:5,5,11
31:15
dca 6:22 7:5
dealt 13:16,17,19
deemed 19:21
default 3:24 5:19,21
9:5
defects 27:3
defendant 19:17
20:15
defendants 1:9 2:7
definition 20:10
demand 4:12
description 2:16
despite 25:19
determine 16:4
determined 17:4
deutsche 18:8,18
21:9 22:6 23:4
different 7:11 17:25
26:14,15
digital 4:15 16:11
digitally 15:21
dire 5:12 8:13 11:19
diring 13:6
disappear 23:24
disappeared 21:20
21:21 23:24,25
24:22
disturbed 19:10
20:1
disturbing 22:7
division 1:2
document 7:18
documents 4:9,13
4:14,16,18 6:4,6
7:25 9:23 10:4,9
12:5 15:16,20,22,24
16:19 27:23
doing 29:12
door 13:11
downstairs 17:18
drosky 2:9 3:9,10,11
3:16 7:14,17 8:8,23
11:12 12:21 13:23
13:25 15:9,11 16:24
17:10,17 19:12 21:4
21:21 22:1,17,20,25
23:3,8,15,23,25
24:8,18,23 25:9
26:21 27:1,7 28:14
28:22 29:14,17
30:10,18
duly 3:5
duties 3:22 8:19,20
8:20
e
e 1:23 2:15 19:4
earlier 6:13,14
easily 8:5
east 2:9
either 13:4 29:17
electronic 28:23
electronically 7:7
eleventh 1:1
employee 31:9,10
employees 4:25
14:10,11,11
employer 3:20
[certain - employer] Page 33
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
endorse 21:13
endorsed 20:8 21:9
endorsee 20:4
endorsement 18:4,8
18:18,21,24 21:19
22:2,3,4,5,10,13,20
22:22 23:3 24:25
25:22
endorsements 21:15
25:12 26:15
entered 8:11 12:10
entity 10:15 13:18
erhart 19:22
errors 16:6,7,9
esq 2:3,9
et 1:8 25:20
evan 2:3,3 3:12
evidence 12:18
17:22 18:14,17
25:15 29:22,23,24
exact 8:6 22:23
25:21
exactly 12:10
examination 11:19
examined 3:6
excuse 7:23 9:8 19:7
exhibit 19:6 25:18
exhibits 2:17 19:2,4
19:7 25:19 27:9
explain 15:12
explanation 19:11
19:12
extent 8:1
f
faber 18:21
faber's 22:10
face 15:9
fact 21:15 25:19
fairly 16:13
familiar 12:21 14:21
far 7:21 26:4
february 29:4 31:15
feel 28:22
file 17:12,13 20:14
20:16 24:9 26:25
27:2,6 29:24 30:5,9
filed 18:25 19:1 23:6
23:10,12,16,17
24:17 25:11 26:14
files 17:19 25:13
filing 26:1
filings 27:3
financially 31:12
find 24:13 28:18
finished 30:2
firm 26:2,3
first 3:5 6:4,10 7:6
26:8,18
five 22:12 26:16,19
26:20
flagler 1:11
flip 18:24
flipping 18:16 20:23
florida 1:1,12 2:5,10
followed 19:4
follows 3:7
foreclose 26:11
foreclosure 12:23
12:24
foregoing 31:5
fort 2:10
four 12:14,17 22:12
frenkel 2:8
friday 1:12
front 14:25 25:16
full 20:9
further 31:8
furthermore 19:2
19:25
g
gathered 15:17
general 14:21
gentlemen 27:19
getting 11:19
give 29:15 30:8
glarum 11:22 12:11
12:15,22,22 13:16
go 6:22 8:24 17:17
going 6:23 8:10
11:21 12:5,17 13:14
17:8 19:13 22:21
24:15 25:2 27:12
28:2 29:15 30:4
good 3:9,11,14,15
5:17,18 16:13
gordon 2:8
gotten 13:5 20:17
guys 30:12
h
h 2:15
hand 17:12,15
happened 20:2
24:24
happens 21:6
harrison 2:4
head 10:20
hear 27:18
hearing 1:22 2:17
30:19
hearsay 13:9
held 6:22
help 21:1 22:19
helping 9:10
history 4:12 14:18
14:20
hold 30:6
hollywood 2:5
homecomings 10:23
11:1,4,7,11 12:4
14:19
honor 3:9 7:18
11:12 17:10 19:13
21:22 22:2,22 24:24
27:2,25 30:11
honorable 1:23
hours 27:13
i
identical 18:17
26:16
identify 17:9,16
imaging 16:12
implicated 20:18
important 27:23
28:22,25
inaccuracies 16:6,7
16:9,18 17:3,4
incorrect 26:22
indicated 14:19
information 15:17
15:24 16:3,5
initials 18:13 26:17
interested 31:12
interestingly 18:11
interpret 5:4
introduce 7:19
19:15
involve 9:7
involved 10:1,2
11:24 20:18
involving 3:25
irreconcilable 17:3
17:5
issue 5:13 27:16
j
january 1:13
job 3:22 8:19,20,20
9:7,8
jorge 1:23
judge 3:15 5:12 6:21
7:17 8:9 11:21
12:21 13:16,21,23
14:24 15:10 17:21
20:2,13 21:2,4,12
22:17 23:15,19,25
24:18 25:11 27:4,15
27:16 28:6,14,18
29:14,17 30:1,18
judge's 18:13 26:16
judgment 18:7,15
23:13 26:9
judicial 1:1 19:22
judy 18:21 22:9
july 14:7
[endorse - july] Page 34
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
k
keep 5:11 9:25
18:16
keeping 10:1,2
keeps 10:6
kelsey 6:22 7:4,15
kept 4:2 5:7 9:13
11:16 13:3
knew 20:13
know 7:16 9:18
10:19,20 12:1,10,16
12:16 13:1 14:4,13
20:9,12 21:3 25:23
26:4 28:1
knowing 20:9,10
knowledge 6:1
11:14,15 12:9,12,19
knows 7:11
l
lambert 2:8
late 29:10
lauderdale 2:10
law 2:3
lawthorn 1:8 3:13
4:6 16:15,25
lender 7:11
letter 4:12
levels 16:1
limited 5:13
line 13:11 23:1
list 19:6 29:8
listed 19:5,6
listen 24:15,16
litigation 3:25 4:1
llc 1:5
llp 2:8
loan 1:5 6:1 10:9
12:3 13:20 14:2,5,6
14:14,15 15:16
16:15,18,19 17:1,5
long 14:17 17:15
29:11,20
look 16:5 18:20
28:20
looked 20:14
looking 28:23
lost 23:11 26:8
lot 21:6
m
m 2:3,3
magic 12:13
mails 19:4
maintain 4:2,15
5:11 9:13,15,21
maintained 16:12
maintains 10:7
marked 2:17
material 18:2
materially 17:25
matter 4:6 16:16
17:14
mean 6:8 24:1 30:3
means 14:22
memory 14:17,18
miami 1:1,11,12
mind 28:20
missing 21:25 25:14
misstatement 25:24
25:25
mistaken 23:18
moment 14:21
morning 3:11,14,15
5:17,18 6:9
mortgage 3:21,23
4:11 7:5 9:17 17:11
26:6
mortgages 4:1
motion 23:19
move 13:21
moved 8:12
n
name 3:17 4:21
naming 18:9
nationstar 4:25 5:8
7:10,12,13 8:17
9:17 10:10 14:1,4,6
14:8,11,12 15:19
16:2,16,20 17:1
20:25
nationstar's 5:10
nationstart 3:21,23
need 12:11,19 14:16
14:17 15:3 16:8
30:13
never 11:3,6,10 12:2
12:4,6,7
new 15:18,22 29:22
29:25
nice 21:4
night 25:18
nonjury 4:7 17:8
note 4:11 6:11,13,17
6:23 7:6,9,9,10,21
8:3,4,10 17:10,22
17:24 18:1,4,10,20
19:5,8,23 20:6,7,8
21:1,8,10 22:9,25
23:12 24:2,5,11,25
25:7,17,22,23 26:4
26:7,8,8,14,22
27:25
notes 14:25 15:1
18:12
notice 1:23
noticeable 18:19
number 2:16
o
object 6:23 17:21
objecting 13:12
objection 8:23 11:12
13:14 16:21
obtained 16:3
obviously 24:1
26:21
office 20:6,16,17,17
offices 2:3
okay 5:24 24:19
30:1
onboarding 15:25
16:14
once 6:25 7:2 16:10
order 17:23 19:3
30:1,10
ordinary 4:3 5:7
9:13
original 6:11,13,16
7:17 17:10 18:1,6
18:25 19:5 20:19,20
21:1,8 22:25 24:2,6
24:10 25:13,17,22
25:23 27:1,2,5
originally 7:10 25:6
originals 4:17
originator 14:1
overhead 22:18
overrule 13:14
overruled 8:24
owner 21:9,10,12
22:6 23:5
p
p.a. 2:3
package 15:15,18,20
page 2:16 18:12,16
18:16,20,23,24
20:23 22:8,9,11
25:15 26:19
pages 22:12 26:15
26:19 31:5
paid 5:23
paper 24:12 26:5,7
papers 7:24
part 10:5
particular 10:9
parties 19:9,22
31:10,11
passcode 4:23 5:1
pay 5:19
payment 4:11 11:14
12:10 14:18,20
payments 11:4,7,11
12:7
person 26:10 28:25
personal 11:13,15
12:9,12,19 27:21
[keep - personal] Page 35
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
personally 9:19,23
10:3 11:5
pertaining 15:16
phone 28:21
physical 4:16 6:15
6:16 15:21
physically 9:19
plaintiff 1:6 2:2
3:10 17:22 20:3,4
plaintiff's 25:13
platform 4:18,21
pleadings 19:9,23
please 3:17 13:24
point 11:20 19:13
possibly 12:8
potential 15:23
potentially 29:7
practice 5:11
practices 7:12 14:10
preamble 20:11
prejudice 19:16,17
19:18,21
prejudiced 28:1
preparation 4:10
prepare 9:10 28:2,4
prepares 15:15
present 2:12
previous 27:3
printed 22:18
prior 10:12,14,16,17
10:23 11:23 13:8,17
13:18 14:18 15:15
16:3,7 20:3 22:8,9
25:13 27:8
probably 12:22,25
13:3
problem 23:9 24:22
26:19
procedures 13:2
proceedings 31:5,6
process 10:1,2 13:6
15:13,25 16:14
20:18
processed 11:3 12:7
processing 11:7,10
professional 20:11
projector 22:19
prongs 12:14
proper 12:18 16:23
properly 21:14
protected 4:23
prove 19:19
provided 8:1 19:8,8
purchase 14:7
purpose 27:10
pursuant 1:23
put 15:7,17,20 16:11
q
question 16:23
quick 28:11
quoted 20:20
r
read 5:4
real 28:10
really 17:20 22:21
27:14
reason 8:7 13:9
23:23
received 19:2
reconciled 17:5
record 7:19 8:21 9:3
13:16 31:6
recordkeeping 7:12
records 4:2,6,11,15
5:5,7,11 6:2 7:13
8:16 9:9,13,15,21
10:1,3,7 11:16 13:2
13:7,10 14:9,11
17:8
referring 14:25 15:6
refresh 14:16,18
relating 7:25
relative 31:8,10
relevance 11:13
rely 11:25
remedy 4:22
removing 21:14
repeat 12:13,17
rephrase 9:1 16:22
16:22
report 31:4
reporter 22:21 31:3
31:20
reporter's 31:1
representative 16:2
representing 20:15
requested 19:3
residential 3:25
22:4,5 23:1,4
respect 4:6 27:19
respond 3:25
responding 3:6
response 19:3
responsibilities 9:7
9:8
retract 10:22
reverse 24:23,24
review 3:24 4:2,9
6:2,4 9:12 15:4 16:1
reviewed 4:5,10,11
4:14,16 6:6,8 17:7
reviewing 9:9
reviews 16:2
rid 15:3
right 6:2 9:4,22
10:10,15 11:8 18:22
19:15 22:24 23:2,14
26:10 29:12
rita 1:8 4:6
role 10:5
rosen 2:3,3 3:12,12
3:14,15 5:12,15,16
5:24,25 6:21 7:2,4
7:15,21 8:12,15 9:2
11:20 13:15 14:24
15:5 16:21 17:21
18:3 19:20 21:12,25
22:7,18 23:6,11,18
23:21 24:5,10,14
25:5,5,10 26:13
27:4,8,15,20,24
28:6,10,18 29:2,4
29:18,22,25 30:6,14
30:17
rule 7:24 13:9 27:25
ruled 7:8
rules 20:10,11 27:11
ruling 13:21 27:16
rust 31:3,19
s
s 2:15
saved 4:19
saw 6:11,13 7:7 24:9
saying 12:16,20
25:2
says 8:2 12:11 24:12
scan 9:23 10:4
sean 2:13 3:4,19
second 12:25 21:6
22:4 23:3 24:25
see 6:16 9:20 12:5
18:22 22:15 24:22
24:23 26:2 28:10
29:18
seek 19:15
seeking 7:18
seen 6:11 7:6
self 7:20,22,23 8:9
send 9:24 10:4
sent 15:18,19,21,24
21:8
sequester 30:9
service 14:5,13,15
serviced 10:10,12,14
12:3
servicer 10:17,23
11:23 13:8,17 15:15
15:18,22 16:3,8
21:11
services 1:5
servicing 4:10 14:6
14:9 15:14
set 4:7 27:12
sheds 25:8
sheet 15:3 22:19
24:12 26:5,6
[personally - sheet] Page 36
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
show 7:15 17:8
25:25
shows 22:9 26:9
signature 8:3 18:13
signatures 7:25
single 18:11
situation 24:24
somebody 24:1
26:21
sorry 24:6
sought 17:23 20:4
speaks 11:21,22
specialist 3:24 5:19
5:21,22 9:6
specific 4:21 8:18
10:5,16 14:16 18:7
20:3 22:3,4
specifically 4:5
13:15
speculation 16:21
stamps 24:17,20,21
25:6,8 26:9
stand 8:8 15:6
standard 15:2
started 14:4,13
state 3:17
stated 9:12 10:4
statement 10:22
stating 25:22
stenographically
31:4
stern 24:11 26:4
stern's 20:16
storage 9:24
storing 15:23
street 1:11 2:4
subject 15:16 16:15
submitted 18:6
subsequently 23:12
substituted 22:14
sudden 25:7
suddenly 22:14
suite 2:4,10
summary 16:13
18:7,14 23:12 26:9
suntrust 7:4
supervise 10:6
supervised 11:6
support 20:7,24
21:5,15 23:12
supported 20:25
supporting 26:10
supposed 22:13
sure 5:14 9:3 24:14
29:12
sustained 11:18
16:22
sworn 3:6
system 4:22,23,24
5:2,5 10:7 11:15
systems 16:11,12
t
t 2:15
take 17:14,18 20:15
24:15
takes 29:12,21
talking 22:15
telling 25:5
ten 29:7
tenth 28:9
terms 26:7
test 19:16
testified 3:7 9:9 17:7
testify 4:3 12:12
13:13
testifying 9:9
thank 5:15 8:14
13:21 27:20 30:16
30:17
thanks 28:6 30:18
theory 21:4
thereof 27:10
thereon 7:25
theresa 31:3,19
thing 8:2 12:15 29:6
29:13
things 12:17 17:18
think 8:4 14:24
16:13
third 6:21 7:5,8 8:4
three 16:1
thursday 28:12
time 7:6 14:17 24:16
26:8 27:13 28:2,4
29:16
title 5:19 8:16,18,21
9:3,5
today 4:7 6:12,13,14
6:18 16:16 17:8
19:3 24:16 25:17
27:17
todd 2:9 3:10 24:6
todd's 20:17
top 10:20
topic 20:2
touch 9:20
tough 22:21
town 28:8
trained 5:4
transcript 31:5
transfer 15:14
transitioned 14:12
16:11
trial 4:4,7 6:19,20
7:7 9:10,10 17:8
19:3 28:8
trials 29:9
true 24:7,21 31:6
trust 18:9
trustee 18:8
trying 19:14,19 25:1
28:18
two 11:24 13:1,4
23:22 24:17,19 25:2
25:3,6,12 26:9 30:7
u
ucc 7:22 8:2
understand 19:16
27:15 28:6 30:2
understanding
15:12
unfortunately 6:21
uniform 8:1
usual 5:10
usually 17:17
v
valentine's 29:5
valid 16:4
validated 15:25
16:10
verifying 10:17
view 4:13
voir 5:12 8:13 11:19
13:6
vs 1:7
w
wamco 13:8,18
want 9:18 21:17
27:18 28:12 29:11
29:12,16 30:6
wanted 21:12
way 21:14 27:4
wednesday 28:9
week 6:8,10 7:7 28:7
28:8,9
weeks 30:7
weisman 2:8
weiss 2:8
wellborn's 20:6,16
26:3
went 11:14 20:14
25:1
west 1:11
witness 3:5 7:5 9:1
12:23,25 13:4 14:25
15:2 17:13 19:14,15
28:17,20 29:6,8
30:16
witnesses 13:1,11
29:25
words 12:13
worked 10:21,24,25
11:1 12:2,4,6
world's 12:23,25
worse 13:4
[show - worse] Page 37
Veritext Florida Reporting Co.
800-726-7007 305-376-8800
worst 12:23,25
write 30:10
wrong 21:18
x
x 2:15
y
yang 11:21,24 12:11
12:15,22,24 13:17
years 23:22 24:19
yesterday 25:18,20
[worst - yesterday] Page 38
Veritext Florida Reporting Co.
800-726-7007 305-376-8800