The Deposition of Michael Ackerman, Esq. of The NJ Law Firm Zucker, Ackerman, and Goldberg

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SUPERIOR COURT OF NEW JERSEY

CHANCERY DIVISION - BERGEN COUNTY
DOCKET NO. F-10078-10
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HSBC Bank USA, National

Association as Trustee for
Wells Fargo Asset Securities
Corporation, Mortgage
Asset-Backed Pass-Through
Certificates Series 2007-PA6,
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Plaintiff,
v.
:
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:
:
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:
:
DEPOSITION
UPON THE ORAL
EXAMINATION
OF:
MICHAEL S.
ACKERMAN, ESQ.
HILDE B. LEZARON; et al,
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Defendants.
......................................
B E F O R E:
Transcript of the stenographic notes of
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the proceedings in the above entitled matter, as
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taken by and before KIM O. FURBACHER, a Certified
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Court Reporter, License No. XIO1042, Registered
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Professional Reporter, Certified Realtime Court
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Reporter and Notary Public of the State of New
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Jersey, held at the office of ZUCKER, GOLDBERG &
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ACKERMAN, LLC, 200 Sheffield Street, Suite 301,
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Mountainside, New Jersey, on Monday, August 8, 2011,
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commencing at 11:27 a.m., pursuant to Notice.
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BARRY A. FOND SHORTHAND REPORTERS, INC.

CERTIFIED COURT REPORTERS
381 BROADWAY
WESTWOOD, NJ 07675
201-666-4888
FAX:
201-666-6944
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A P P E A R A N C E S:
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ZUCKER, GOLDBERG & ACKERMAN, LLC

BY:
BRIAN C. NICHOLAS, ESQ.
JENEE K. CICCARELLI, ESQ.
200 Sheffield Street, Suite 301
P.O. Box 1024
Mountainside, New Jersey 07092-0024
908-233-8500, Ext. 253
bnicholas@zuckergoldberg.com
Counsel for Plaintiffs
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DENBEAUX & DENBEAUX, ESQS.

BY:
JOSHUA DENBEAUX, ESQ.
ADAM DEUTSCH, ESQ.
366 Kinderkamack Road
Westwood, NJ
07675
201-664-8855
jdenbeaux@denbeauxlaw.com
Counsel for Defendants
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BARRY A. FOND SHORTHAND REPORTERS, INC.

CERTIFIED COURT REPORTERS
381 BROADWAY
WESTWOOD, NJ 07675
201-666-4888
FAX:
201-666-6944
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I N D E X
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WITNESS
PAGE
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MICHAEL S. ACKERMAN, ESQ.
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Direct Examination by Mr. Denbeaux
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EXHIBITS
NO.
DESCRIPTION
ID
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D-1
Series of documents, 23 pgs.,

cover document, letter dated
4/5/2010 to Hilde B. Lezaron
from Leonard B. Zucker, Esq.
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D-2
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Series of documents, 29 pgs.,

cover document, Affidavits in
Support of Motion for Summary
Judgment, Docket No. F-178-10
(marked but not referenced)
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D-3
Interest-Only Period Adjustable

Rate Note, 4 pgs., dated
7/27/2007
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D-4
Interest-Only Period Adjustable

Rate Note, 4 pgs., dated
7/27/2007
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D-5
Mortgage Electronic Registration

Systems, Inc., Corporate
Resolution, 4 pgs.
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D-6
Assignment of Mortgage, 1 pg.,

dated 2/11/2010
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EVID
M. Ackerman - direct - Denbeaux
(Twenty-three pages of documents, cover
document letter dated 4/5/2010 to Hilde B. Lezaron
from Leonard B. Zucker is marked as exhibit D-1 for
identification.)
(Twenty-nine pages of documents, cover
document entitled "Affidavits in Support of Motion
for Summary Judgment," Docket No. F-178-10 is marked
as exhibit D-2 for identification.)
(Four page document entitled
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"Interest-Only Period Adjustable Rate Note" dated
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7/27/2007 is marked as exhibit D-3 for
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identification.)
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(Four page document entitled
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"Interest-Only Period Adjustable Rate Note," dated
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7/27/2007 is marked as exhibit D-4 for
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identification.)
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(Four pages of documents, cover
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document entitled "Mortgage Electronic Registration
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Systems, Inc., Corporate Resolution" is marked as
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exhibit D-5 for identification.)
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M I C H A E L
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Zucker, Goldberg & Ackerman, LLC, 200 Sheffield
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Street, Suite 301, Mountainside, New Jersey 07092,
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having been duly sworn, testifies as follows:
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DIRECT EXAMINATION BY MR. DENBEAUX:
S.
A C K E R M A N, ESQUIRE, c/o
Q.
Mr. Ackerman, I'm Joshua Denbeaux.
represent Hilde Lezaron in this case, as I'm sure you
know.
We're here to take the deposition of
you with regard to this litigation.
And I want to
make sure that we all are in somewhat agreement as to
the scope of the deposition, so we can sort of figure
out where our problems are going to be, if we're
going to have any, at the outset.
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Do we agree that the deposition is
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going to involve Mr. Ackerman's execution of the
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assignment of mortgage?
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Yes, I think we can
MR. DENBEAUX:
Okay.
MR. NICHOLAS:
Well, it's going to
agree to that.
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MR. NICHOLAS:
the execution.
depend on the questions.
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MR. DENBEAUX:
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MS. CICCARELLI:
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And the basis for
Fair enough.
It wasn't in there, so
was it Bate stamped or anything like that?

MR. DEUTSCH:
It's just the original
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assignment that you produced with the first discovery
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and with the first motion for summary judgment.
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MS. CICCARELLI:
Yes, I looked through
myself.
There was nothing.
our general fax number, there was nothing in there.
MR. DENBEAUX:
faxed over during a break.
MR. DEUTSCH:
Q.
And then they checked
We'll make sure it gets
Sure.
In this case, HSBC Bank USA, as Trustee
for Wells Fargo Asset Securities vs. Hilde Lezaron,
who is your client?
A.
Wells Fargo.
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Q.
Wells Fargo the main company, like
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Wells Fargo NA or Wells Fargo Asset Securities
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Corporation?
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A.
Wells Fargo.
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Q.
I don't understand the answer.
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A.
Wells Fargo is our client.
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Q.
Meaning not limited to Wells Fargo
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Asset Securities Corporation but Wells Fargo the main
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total company in all respects?
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A.
No.
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Q.
When you answer "Wells Fargo," I've
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sort of given you two basic options and you've not
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clarified for me as to which Wells Fargo you
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represent.
So who is your client in this case?
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A.
Wells Fargo.
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Q.
Just Wells Fargo, not Wells Fargo NA?
A.
Wells Fargo NA, no.
Q.
Wells Fargo Asset Securities
Corporation, is that your client?
A.
No.
Q.
Do you know the answer to my question
to anymore specificity other than the two words
"Wells Fargo"?
A.
I know who my client is.
Q.
Okay.
And your client, according to
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your testimony, is simply Wells Fargo and no other
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further identification?
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A.
None that you've asked me specifically
Q.
Well, who is your specific client fully
about.
designated, Wells Fargo what?
A.
Wells Fargo, the mortgage servicing
entity that referred us the foreclosure.
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Q.
What is the formal name of that entity?
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A.
I don't recall specifically.
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Q.
Would that formal name of the entity be
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the entity identified in the caption of the
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complaint?
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A.
No.
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Q.
What is the relationship between your
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client, Wells Fargo, and Wells Fargo Asset Securities
Corporation, which is the identity of the plaintiff
in the complaint?
MR. NICHOLAS:
Objection to form.
MR. DENBEAUX:
What's the objection?
MR. NICHOLAS:
The complaint speaks for
itself.
I don't think you're accurately representing
who the plaintiff in the complaint is.
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MR. DENBEAUX:
Q.
Okay.
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client Wells Fargo and Wells Fargo Asset Securities
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Corporation, Mortgage Asset-Backed, Pass-Through
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Certificates Series 2007-PA6, which is the plaintiff
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identified in the complaint?
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A.
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plaintiff.
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plaintiff.
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I don't recall if they are exactly the

I agree you're saying they're the
Q.
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All right.
I accept that.
I'm going to show you what's been
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marked as D-1.
Give it to your counsel for review.
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It is a letter dated April 5, 2010, signed by Leonard
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B. Zucker and addressed to my client, Hilde Lezaron,
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enclosing the complaint (indicating).
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I have a second copy for your client.
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MR. NICHOLAS:
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Just one second, the
copies you gave us are different in terms of the
front page is different.
MR. DENBEAUX:
that's hand marked, please.
MR. NICHOLAS:
(Complies.)
MR. DENBEAUX:
Thank you.
A.
Send me back the one
I've reviewed what purports to be D-1,
and it appears as if one of the attachments is a
complaint that is filed by our office, and the
plaintiff on the complaint for foreclosure is
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designated as "HSBC Bank USA, National Association as
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Trustee for Wells Fargo Asset Securities Corporation,
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Mortgage Asset-Backed Pass-Through Certificates
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Series 2007-PA6."
Q.
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Let me ask the question again, in a
better way.
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client Wells Fargo and the plaintiff referenced in
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this complaint as you just recited in the record?
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A.
Our client is their servicing agent.
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Q.
So your client is the servicing agent
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for the plaintiff, and you do not represent the
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plaintiff in this case except through its servicing
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agent.
Is that correct?
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MR. NICHOLAS:
Objection to form.
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MR. DENBEAUX:
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MR. NICHOLAS:
I don't understand the
question.
BY MR. DENBEAUX:
Q.
Does the witness?
A.
No.
Q.
Sure.
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Could you repeat it?
Your client is the servicing agent for

the plaintiff in this case, correct?
A.
Yes.
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Q.
And except by virtue of representing
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the servicing agent, you do not formally represent
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plaintiff?
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A.
No -- can you repeat that question?
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Q.
The plaintiff, quite a long and
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convoluted and I think it's clear on the record we
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both agree is properly recited by you, I'm not going
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to repeat it, referred to as "The Plaintiff," the
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plaintiff in this case is not your client.
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correct?
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A.
No, that is not correct.
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Q.
Okay.
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The plaintiff in this case is
your client, excuse me.
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Is this
Do you represent HSBC Bank USA in other

matters?
A.
Yes.
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Q.
So HSBC Bank USA is a client of this
firm in other matters?
A.
That is correct.
Q.
Is HSBC Bank USA, National Association
a client of this firm for the purpose of this Lezaron
litigation?
A.
Yes.
Q.
So you represent the servicing agent in
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this case, Wells Fargo Asset Securities Corporation,

as well as HSBC Bank -- let me rephrase the question.
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In this case, HSBC Bank USA vs.

Lezaron, do you represent HSBC Bank?
A.
We represent HSBC Bank USA, National
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Association as Trustee for Wells Fargo Asset
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Servicing [sic] Corporation Mortgage Asset-Backed
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Pass-Through Certificates Series 2007-PA6.
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Q.
Just to correct the record for a
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moment, you said "Asset Servicing," you meant "Asset
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Securities," correct?
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A.
Asset securities, yes, thank you.
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Q.
Do you have a written retainer
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agreement with any entity with regard to your
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representation of the plaintiff in this case?
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MR. NICHOLAS:
privileged.
Objection.
It's
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MR. DENBEAUX:
The existence of a
retainer agreement is privileged?
MR. NICHOLAS:
Absolutely.
MR. DENBEAUX:
The existence of a
retainer agreement is privileged?
MR. NICHOLAS:
Absolutely.
MR. DENBEAUX:
So if I asked for a copy
of the retainer agreement as a matter of discovery,
you would not send me a privilege log, you would
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simply tell me no and that would be sufficient under
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the discovery rules?
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MR. NICHOLAS:
You're welcome to put
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any request that you want in writing.
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respond to it in due course.
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MR. DENBEAUX:
We will
But you're standing by
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your position that the existence or not of a written
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retainer agreement, not what words it contains, but
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the existence of the written retainer agreement is
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privileged?
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MR. NICHOLAS:
Correct.
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MR. DENBEAUX:
Other than simply saying
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it's privileged, can you give me an authority or a
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basis for that assertion?
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MR. NICHOLAS:
Put your request in
writing, I will be happy to respond to you.
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MR. DENBEAUX:
If I have to put it in
writing as to this issue, it's not likely going to
you, it's going to the court and we're going to come
back for another deposition.
re-think this, because whether or not a retainer
agreement exists establishing a lawyer/client
relationship is not a privileged issue.
I'm going to ask you to
MR. NICHOLAS:
Stand by the objection.
MR. DENBEAUX:
Without any further
MR. NICHOLAS:
Correct.
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explanation?
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Q.
Are you choosing to accept your
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counsel's instruction to me that this is a privileged
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issue and you are refusing to answer the question?
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A.
That is correct.
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Q.
Directing your attention to -- I think
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the record is clear that we do not accept this
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attorney/client privilege assertion.
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that clear.
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attorney/client privilege on this matter.
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MR. NICHOLAS:
I want to make
We object to the assertion of the
Well, if we're making a
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record, I believe that you guys requested it in
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discovery and that was objected to already, so just
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for purposes of the record as well.
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MR. DENBEAUX:
Actually you're
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incorrect.
In discovery we asked for a copy of the
retainer agreement.
was privileged at that point, but my question today
was not for a copy of the retainer agreement, it was
not for a copy of the terms of the retainer
agreement, it was not for a description of
compensation or anything else, it was whether or not
the written document existed, and we did not ask that
question in discovery.
I didn't agree with you that it
It's not the same question.
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I'm not saying I agree to your objection before, but
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it is ridiculous to tell me that it is a privilege
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issue as to whether or not a written retainer
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agreement exists.
Q.
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I'm directing your attention to exhibit
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D-1, it is paragraph four of the complaint contained
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therein.
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Do you see the paragraph I'm speaking

of?
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A.
Yes.
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Q.
Specifically 4a, I'm going to read it
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into the record.
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"By assignment of mortgage dated
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2/11/2010 from Mortgage Electronic Registration
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Systems, Inc. as nominee for American Mortgage
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Express Corp. to HSBC Bank USA, National Association
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as Trustee for Wells Fargo Asset Securities
Corporation Mortgage Asset-Backed Pass-Through
Certificates Series 2007-PA6, plaintiff herein, which
is unrecorded at this time."
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Did I read that into the record

correctly?
A.
I was unclear on the first sentence
whether you said from "mortgagee" or "mortgage."
is correctly stated as "mortgage."
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Q.
It
This document, this complaint, is
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signed by Leonard Zucker, your partner in this firm,
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correct?
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A.
Lenny is not my partner.
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Q.
A member of this firm, Leonard Zucker,
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signed this document, correct?
A.
Len is a member of the firm, and he did
sign the document.
Q.
And this document, this complaint,
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which is a portion of the exhibit D-1, was filed with
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the court and served upon my client, Hilde Lezaron,
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correct?
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MR. NICHOLAS:
Objection.
It is
outside the scope of the deposition.

MR. DENBEAUX:
Why is asking whether
this complaint was -- I'm just authenticating the
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complaint to the witness' testimony.
Are you really
telling me this is outside the deposition?
MR. NICHOLAS:
Absolutely.
MR. DENBEAUX:
Well, I don't think
there's much of a doubt that your firm filed this
thing, so I'll abandon that question, but I don't
accept your objection.
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Q.
Now, is there an assignment of mortgage
from MERS as nominee for American Mortgage Express
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Corp. to HSBC Banks USA for this loan dated
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February 11, 2010?
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A.
I believe so.
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MR. DEUTSCH:
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(A discussion is held off the record.)
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Q.
We're awaiting one more document.
I'll
get back to this exhibit in a minute.
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Off the record.
I'm going to show the witness exhibit

D-5, and I have a copy (indicating).
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Have you had an opportunity to review
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D-5, sir?
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A.
I have.
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Q.
D-5 consists, as I see it, of two
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documents, one is a Mortgage Electronic Registration
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Systems, Inc. Corporation Resolution, which is page
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one of the document, and the remaining three pages
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are an Agreement for Signing Authority between MERS
Corp.; Mortgage Electronic Registration Systems,
Inc.; Wells Fargo Home Mortgage a Division of Wells
Fargo Bank, NA; and Zucker, Goldberg & Ackerman.
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Am I correct in my understanding of the

content of this exhibit?
MR. NICHOLAS:
Objection to form.
MR. DENBEAUX:
MR. NICHOLAS:
Don't understand the
MR. DENBEAUX:
You don't understand the
MR. NICHOLAS:
Correct.
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question.
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question?
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understands, he's welcome to answer it.
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If the witness
A.
I believe that that is what you believe
Q.
Could you tell that me what the first
D-5 is.
page of D-5 is, in your understanding?
A.
A corporate resolution from Mortgage
Electronic Registration Systems, Inc.
Q.
And the corporate resolution mentions
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the firm Zucker, Goldberg & Ackerman in the first
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paragraph, right?
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A.
Yes.
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Q.
What in your understanding did this
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corporate resolution do for Zucker, Goldberg &
Ackerman?
A.
It gave us authority to sign various
documents on behalf of Mortgage Electronic
Registration Systems, Inc.
Q.
Is it your position that this corporate
resolution is a document relevant to this foreclosure
litigation?
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MR. NICHOLAS:
A.
Objection to form.
I don't understand what you mean by
"relevant."
Q.
This document, I will represent to
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everybody and on the record, was provided to my firm
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from your firm in response to certain discovery
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demands made during the course of this litigation.
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To be honest with you, I'm having a
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difficult time understanding why your office produced
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this page, because it seems not to be relevant to
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this litigation, it doesn't seem to give anybody any
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right to assign the Hilde Lezaron mortgage in any
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capacity.
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it your position that this corporate resolution gave
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Zucker, Goldberg & Ackerman the legal right to assign
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or assign the lien of the mortgage loan in the Hilde
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Lezaron foreclosure litigation?
So I guess my question to you is this:
Is
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A.
It is my interpretation of this
document that it gave certain individuals at Zucker,
Goldberg & Ackerman a number of rights, including but
not limited to the right to assign the lien of any
mortgage, loan registered on the MERS System that is
shown to be registered to Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA or its designee.
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Q.
There appear to me that there are four
different powers given to Zucker, Goldberg & Ackerman
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by virtue of this corporate resolution.
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identified I believe only the first.
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Agreed?
You've
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A.
I agree that's what you say.
14
Q.
Other than what you've just described
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how you interpret this document -- no, never mind.
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Was the lien of the Lezaron mortgage
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loan registered on the MERS System at any time, to
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the best of your knowledge?
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A.
Yes.
20
Q.
Was the lien of the Lezaron mortgage
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loan registered on the MERS System as of the date
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that your firm assigned the lien of the mortgage loan
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to the plaintiff?
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MR. NICHOLAS:
A.
Objection to form.
As of this specific date, I don't
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recall.
Q.
Did you previously know whether or not
as of the date of the assignment of the mortgage to
plaintiff, this Lezaron mortgage loan was registered
on the MERS System?
A.
I'm not sure I understand the question.
Q.
You answered the previous question with
"I don't recall."
"I don't recall" suggests that you used
10
to know the answer to the question but have
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forgotten.
12
know whether or not -- let me rephrase that.
13
And the question now is:
Did you ever
Did you ever have personal knowledge as
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to whether the Lezaron mortgage loan lien was
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registered on the MERS System as of the date of the
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execution of the assignment of mortgage?
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MR. NICHOLAS:
18
A.
19
question.
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Q.
Objection to form.
I'm not sure I understand your
What documents would we need to refresh
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your recollection as to whether the lien of the
22
Lezaron mortgage loan was registered on the MERS
23
System as of the date that you executed the
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MR. NICHOLAS:
Objection to form.
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MR. DENBEAUX:
what's the form objection?
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4
Just out of curiosity
MR. NICHOLAS:
You're asking him to
MR. DENBEAUX:
No, I'm not.
speculate.
He said he
didn't recall.
What documents would we need to
refresh his recollection, if he didn't recall.
MR. NICHOLAS:
If he knows.
MR. DENBEAUX:
Okay.
10
MR. NICHOLAS:
That's my objection.
11
12
Q.
be necessary to refresh your recollection?
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A.
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question.
15
Q.
16
question?
17
A.
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Yes, if you know, what documents would
What's your confusion with the
I have no idea what you mean by
"document."
19
Q.
You don't?
20
A.
Absolutely not.
21
Q.
Well, let's define "document" as any
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writing.
A.
I'm not sure if I understand what you
mean by "writing."
Q.
Let's define "writing" as any word
22
printed, typed, scrolled on paper or sent
electronically in any format.
understand the question?
4
5
A.
Do you still not
We're getting warmer, but I still do
not understand your definition of "writing."
Q.
How do you define "writing?"
A.
How do I define "writing?"
Q.
Sure.
A.
To me writing is a verb, it is the act
10
of putting something on a piece of paper using
11
letters.
12
Q.
Using your definition of writing, is
13
there any document that you know of that we could
14
turn to to assist you, refresh your recollection as
15
to whether you knew whether the Lezaron mortgage loan
16
lien was registered on the MERS System as of the date
17
that you executed the assignment of mortgage?
18
A.
19
question.
20
Q.
My definition is inappropriate for that
Is there any piece of paper or any
21
electronic communication of any form which would
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assist you, refresh your recollection, as to whether
23
you knew that the mortgage loan lien for the Lezaron
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loan was registered on the MERS System as of the date
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that you executed the assignment of mortgage?
23
A.
I don't understand that question.
Q.
What's your confusion?
A.
I have no idea what you mean by
"electronic communication."
Q.
You don't?
A.
Absolutely not.
MR. DENBEAUX:
minute break.
I need just a five
Excuse me.
10
(A short recess is held.)
11
MR. DENBEAUX:
12
I don't
understand "electronic communication."
8
9
I got paper.
Q.
Back on the record.
What is your position?
You are an
13
employee of Zucker, Goldberg & Ackerman, correct, or
14
are we having a problem with the term "employee"?
15
16
A.
"Employee" is a good term, I don't
necessarily know if it applies to me.
17
Q.
Are you a partner in the firm?
18
A.
No.
19
Q.
What is your relationship to the law
20
firm Zucker, Goldberg & Ackerman LLC?
21
A.
I am the managing member.
22
Q.
Right, of course.
23
It's an LLC.
Was the Lezaron lien on her mortgage
24
loan registered to Wells Fargo Home Mortgage a
25
Division of Wells Fargo Bank, NA, at the time you
24
executed the assignment of mortgage?
A.
Yes.
Q.
What documents do you know of that
evidence that the Lezaron lien was registered to
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA, at the time that you executed the
A.
I don't understand your question.
Q.
Because you have a problem with the
10
word "document" again?
11
A.
That is correct.
12
Q.
What information do you have that
13
evidences that the Lezaron lien of the Lezaron
14
mortgage loan was registered to Wells Fargo Home
15
Mortgage a Division of Wells Fargo Bank, NA, on the
16
MERS System, as of the date of the assignment of
17
mortgage you executed?
18
19
20
21
22
23
24
25
A.
I don't know what you mean by
"information."
Q.
You don't know what I mean by
"information"?
A.
I would like to know what you mean by
"information."
Q.
We've had difficulty defining
"writing," "document," "information."
They seem to
25
me to be rather straightforward terms that would be
understood by any layman and particularly by any
lawyer.
I do not understand your confusion.
Dealing with the word "information," do
you have any information from any source, whether in
writing, orally, if there's a distinction between the
two, electronic, in any fashion whatsoever to support
your answer or your belief that the Lezaron lien of
the Lezaron loan was registered on the MERS System to
10
11
Bank, NA, as of the date you executed the assignment
12
of mortgage?
A.
13
Can you repeat that?
14
MR. DENBEAUX:
15
(The question is read back by the court
16
Please read it back.
reporter.)
17
A.
Yes.
18
Q.
What is it?
19
A.
Reliance on business records of various
20
entities.
21
Q.
Anything else?
22
A.
I don't recall anything else at this
Q.
What are the names of the various
23
24
25
What is your information?
moment.
entities on whose business records you relied to
26
conclude that the Lezaron lien of the Lezaron loan
was registered on the MERS System to Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA on the
date that you executed the assignment of mortgage in
this case?
MR. NICHOLAS:
I would object to the
extent that we're getting close to privileged
information.
MR. DENBEAUX:
Well, I might even
10
accept that, if you start telling me who the clients
11
are in question here that you rely upon.
12
there's an attorney/client relationship, we'll talk
13
about it.
14
relationship, there's no privilege.
15
So if
If there's not an attorney client
MR. NICHOLAS:
I stand by the objection
16
that I object to the extent that we're getting close
17
to attorney/client privilege.
18
19
20
MR. DENBEAUX:
That's not an objection,
it's either privileged or it's not.
Q.
Who are the entities -- let me ask you
21
a question.
Can you identify these entities without
22
naming your clients in this case?
23
A.
24
Q.
Sure.
25
There is an objection that we might be
27
getting close to attorney/client privileged
information.
objection before, but it is certainly the case that
there can be no privilege asserted unless there's an
attorney/client relationship.
Can you identify any of the various entities on whose
business records you relied without identifying
clients?
entities non-clients?
10
11
A.
16
In other words, are any of these business
I am thinking.
Zucker, Goldberg & Ackerman LLC is not
a client.
14
15
So I'm asking you:
You're still thinking?
12
13
I'm not sure I ever heard that
The other entities I believe are

clients.
Q.
Who are the other entities upon whose
17
business records you relied as of the date you
18
executed the assignment of mortgage regarding whether
19
the Lezaron lien of the Lezaron loan was registered
20
on the MERS System to Wells Fargo Home Mortgage a
21
Division of Wells Fargo Bank, NA?
22
MR. NICHOLAS:
Objection to form.
23
MR. DENBEAUX:
Let me rephrase the
24
question.
25
Q.
Please identify the other entities
28
you've relied upon, in addition to -- excuse me, let
me rephrase that again.
You relied upon business records of
various entities, one of those entities was Zucker,
Goldberg & Ackerman, LLC.
entities on whose business and records you relied,
please identify them.
8
9
A.
If there are other
Wells Fargo Home Loan and Mortgage
Electronic Registration Systems, Inc.
10
Q.
Any other entities?
11
A.
I don't recall at this time.
12
Q.
Have the business records from Zucker,
13
Goldberg & Ackerman LLC; Wells Fargo Home Loan; and
14
MERS, which indicated to you as of the date of the
15
execution of the assignment of mortgage -- let me
16
rephrase that.
17
Has your client produced in discovery
18
the documents you relied upon from the three entities
19
we've described?
20
MR. NICHOLAS:
Object to the form of
21
the question.
22
assignment of mortgage, not discovery in the case.
23
24
25
He's being called to testify as to the
MR. DENBEAUX:
Q.
Okay.
So what are those documents you relied
upon from ZGA LLC?
29
MR. NICHOLAS:
Objection.
MR. DENBEAUX:
What's the privilege?
MR. NICHOLAS:
To the extent that the
documents were obtained from the client.
Q.
5
6
MR. NICHOLAS:
Q.
What documents did you rely upon from
You heard the question, right?
A.
11
Can you refresh my recollection as to
how you are defining "document"?
Q.
13
No, I'm not going to do that, it's a
14
self-defining term.
15
obfuscational.
16
say so.
17
Same objection.
MERS?
10
12
What documents did you rely upon from
Wells Fargo Home Loan?
Privilege.
A.
I believe you're being
If you're not going to answer, just
I'd be happy to answer your question,
18
if you pose it in more precise terms so I can
19
understand exactly what you are asking.
20
Q.
You relied on business records of
21
various entities, we identified the three entities as
22
ZGA LLC, Wells Fargo Home Loans, and MERS.
23
business records from MERS did you rely upon?
24
25
MR. NICHOLAS:
A.
Their website.
What
Objection to form.
30
Q.
Do you recall what their website
indicated to you as of the date that you executed the
assignment of mortgage with regard to the Lezaron
loan?
A.
Do I recall specifically?
Q.
Specifically.
A.
As of the date?
Q.
Specifically.
A.
I do not recall.
10
Q.
Did you check the MERS website the day
11
that you executed the assignment of mortgage to
12
determine whether the Lezaron loan was registered to
13
14
Bank, NA?
15
A.
Did I check their website?
16
Q.
Yes.
17
A.
No.
18
Q.
Did someone else check the website for
20
A.
Yes.
21
Q.
Who was that?
22
A.
I do not recall.
23
Q.
Would it be one of your paralegals?
19
24
25
you?
Let me rephrase that.

employee of ZGA LLC --
It was an
31
A.
Yes.
Q.
-- who checked that website on your
3
4
5
6
instruction?
A.
I'm not sure what you mean by my
"instruction."
Q.
Forget whether it was on your
instruction or not.
The person who checked the
website provided you some kind of information that
indicated to you that the MERS website showed that
10
11
Bank, NA, was the registered owner on the MERS system
12
of the Lezaron lien?
13
MR. NICHOLAS:
Objection to form.
14
Q.
Is that correct?
15
A.
16
Q.
I'll try again.
17
You indicated previously that the
18
business records you relied upon from MERS was their
19
website.
20
A.
That is correct.
21
Q.
I didn't say you checked it.
22
A.
I agree.
23
Q.
Someone from your firm, we don't know
24
who, but someone employed by Zucker Goldberg, you
25
believe, checked the MERS website and you relied upon
32
that, whatever information they gave you?
A.
believe."
Q.
I'm not sure what you mean by "you
Somebody at ZGA LLC checked the MERS
website, correct?
A.
Yes.
Q.
They passed on information to you as a
result of that search that caused you to understand
that the MERS website reported that the Lezaron lien
10
and the Lezaron loan was registered to Wells Fargo
11
Home Mortgage a Division of Wells Fargo Bank, NA, as
12
of the date you executed the assignment of mortgage,
13
correct?
14
MR. NICHOLAS:
A.
15
Objection to form.
I want to make sure I specifically
16
answer the question you're asking, so could you
17
please repeat that?
Q.
18
The information that you saw, that you
19
previously identified as MERS business records,
20
specifically what was that information?
21
A.
That I saw?
22
Q.
Uh-huh.
23
A.
I don't believe I testified that I saw
Q.
The business records from MERS that you
24
25
--
33
relied upon, what were those business records that
you relied upon?
3
4
MR. NICHOLAS:
A.
Objection to form.
I don't recall if I said I relied upon,
but the business records that would have been relied
upon would have been on the MERS website.
Q.
Which you didn't check personally?
A.
I did not.
Q.
You've testified that somebody else at
10
ZGA LLC checked the MERS website --
11
A.
I believe I did.
12
Q.
-- correct?
13
So what information would have come to
14
you, now that we've established that you didn't
15
personally check the MERS website, that somebody else
16
did here at ZGA LLC, so what information would have
17
come to you that lead you to believe that the MERS
18
website indicated that the Lezaron lien of the
19
Lezaron loan was properly registered?
20
MR. NICHOLAS:
Objection to form.
21
MR. DENBEAUX:
Are you objecting to
22
"properly registered?
Please don't be.
23
MR. NICHOLAS:
I am.
24
MR. DENBEAUX:
Okay.
25
Q.
Properly registered to Wells Fargo Home
34
Mortgage a Division of Wells Fargo Bank, NA?
MR. NICHOLAS:
I have the same
MR. DENBEAUX:
Why?
MR. NICHOLAS:
How do I know what
objection.
"properly registered" means?
MR. DENBEAUX:
I'll willing to live
with that problem, if it is a problem.
the question.
10
11
12
A.
Please answer
How do you define "properly
registered"?
Q.
What information came to you as a
13
result of an employee of ZGA LLC reviewing the MERS
14
website which would indicate to you that the Lezaron
15
lien of the Lezaron loan was registered on the MERS
16
System to Wells Fargo Home Mortgage a Division of
17
Wells Fargo Bank, NA?
18
A.
What information?
19
Q.
What information?
20
A.
The information would be the result of
21
several business processes and records that we
22
routinely rely upon, which is manifested as the
23
assignor on an assignment of a mortgage.
24
Q.
From the MERS website?
25
A.
I stand by my answer.
35
1
2
3
4
5
Q.
Where did this information come from,
the MERS website or another source?
A.
I believe I said "several business
processes and records."
Q.
Are we still talking only about MERS or
is your answer incorporating MERS and Wells Fargo
Home Loan and ZGA LLC as the business records you're
relying upon?
9
10
11
12
A.
There are a number of processes and
procedures that we rely upon.
Q.
Identify them in any order you wish,
starting with whichever you like, I'll take notes.
13
MR. NICHOLAS:
Objection to form.
14
A.
We rely on the public land records.
15
Q.
Okay.
16
A.
We rely on the results of our own
17
internal processes and procedures.
18
Q.
Okay.
19
A.
And we rely on the business records of
20
21
MERS and Wells Fargo Home Mortgage.
Q.
Do you recall what in the public land
22
records for the Lezaron lien of the Lezaron loan
23
showed the Lezaron lien to be registered on the MERS
24
System to Wells Fargo Home Mortgage a Division of
25
36
MR. NICHOLAS:
Objection to form.
A.
I don't specifically recall.
Q.
What were the business records of MERS
and Wells Fargo Home Mortgage that you reviewed or
relied upon, I can't think of any other verb that
would be appropriate, as of the date you executed the
assignment of mortgage to indicate to you that the
Lezaron lien of the Lezaron loan was registered on
the MERS System to Wells Fargo Home Mortgage a
10
Division of Wells Fargo Bank, NA?
11
12
MR. NICHOLAS:
please.
13
14
Can you read that back,

reporter.)
15
MR. NICHOLAS:
I'm going to object to
16
form and also privilege to the extent that it goes
17
towards Coldwell's documents.
18
19
MR. DENBEAUX:
I'm not withdrawing the
question or amending it.
20
MR. NICHOLAS:
Okay, just so the record
21
is clear, then I'm directing the witness not to
22
answer any question as it relates to attorney/client
23
privileged documentation.
24
25
Q.
I'm not accepting your counsel's
interpretation of the attorney/client privilege here,
37
but are you accepting your counsel's advice not to
answer -- wait a second, we haven't defined what
would be privileged yet.
-- even if you're right, it's your definition of
privilege which exclude identifying document, the
existence of documents, which is not correct, you
can't instruct him not to answer -- let me do this.
You can't tell him not to
Mr. Nicholas, are there any Wells Fargo
generated documents that you're going to allow your
10
client to testify about or are they all going to be
11
deemed privilege?
12
MR. NICHOLAS:
I don't know the answer
14
MR. DENBEAUX:
Okay.
15
MR. NICHOLAS:
My sense is any document
13
16
to that.
that our client has sent to us is privileged.
17
18
MR. DENBEAUX:
business record of Wells Fargo is privileged?
19
20
MR. NICHOLAS:
No, that's not what I
MR. DENBEAUX:
Wait.
said.
21
22
So your position is any
So only documents
that Wells Fargo sent to you are privileged?
23
MR. NICHOLAS:
No, any communications
24
from our client that relate to our job as an attorney
25
is privileged.
38
1
2
MR. DENBEAUX:
Q.
Okay.
Are there any business records -- so
here's where we need to get into a privilege log,
which I think you're going to forbid me from seeing,
which I believe is inappropriate.
Mr. Ackerman, what are the types of
documents -- let me rephrase that.
Can you identify
for me the types of documents that you relied upon
that you previously identified as business records of
10
Wells Fargo Home Mortgage, without disclosing the
11
terms and specifics of the language contained in
12
those documents?
13
14
Identify what Wells Fargo Home Mortgage
15
business records you relied upon in deciding to
16
execute the assignment of mortgage in this case.
17
MR. NICHOLAS:
Object to the form.
18
MR. DENBEAUX:
Not privilege?
19
don't have a privilege objection to that?
20
MR. NICHOLAS:
21
You
I can raise a privilege
objection, if you want me to.
22
Do you want to read the question back.
23
MR. DENBEAUX:
24
25
I just want you to raise
whatever objection you think is appropriate.

39
reporter.)
2
3
My objection to the form
MR. DENBEAUX:
What's the objection to
MR. NICHOLAS:
I don't think the
stands.
4
5
MR. NICHOLAS:
form?
6
7
question is very specific at all.
testimony of the witness.
It's not the
Q.
Can you answer the question, please?
10
A.
I did not rely on any Wells Fargo
11
12
business records.
Q.
You did testify about five minutes ago
13
you relied upon three pieces of information, sources
14
of information, the public land records, results of
15
internal processes and procedures, business records
16
of MERS and Wells Fargo Home Mortgage?
17
18
A.
I don't believe that was my exact
testimony.
19
Q.
What was your exact testimony?
20
A.
It's on the record.
21
I'm not going to answer a question that
22
is imprecisely defined or something that has been
23
changed for your convenience.
24
25
Q.
I can assure you, if I'm changing
something for my convenience, it is not nefarious.
40
It may be an error on my part, may be a confusion on
my part; there's no trickery involved.
is I'm having difficulty -- I'm not going to say it.
What I want to know is --
A.
5
6
What I sense
But if you're putting that on the
record, I don't share that point of view.
Q.
Okay.
A.
And the fact is, is that whether
there's something nefarious or not will probably be
10
proven at a later date in another forum.
11
want to ask me a question, please precisely frame it.
12
And if you're going to refer to something that I
13
testified to previously, then please correctly quote
14
it.
15
Q.
But if you
You're not properly following the
16
standard rules and actions in a deposition.
17
is impossible --
18
A.
19
20
It
Forgive me, but you did not set any
ground rules, nor did you set "standard rules."
Q.
You're right.
I did not define
21
"writing," I did not define "document," I did not
22
define every term that we might come up with during
23
this testimony but okay.
I generally --
24
A.
Nor did you define standard rules.
25
Q.
Good point.
Okay.
41
I want to know what business records of
MERS and Wells Fargo Home Mortgage you relied upon in
deciding that you had the authority to execute an
assignment of mortgage in this case?
5
6
7
8
9
MR. NICHOLAS:
A.
Objection to form.
I don't believe that was my prior
testimony.
Q.
I didn't ask you what your prior
testimony was, I asked you a question.
10
What business records of MERS and/or
11
Wells Fargo Home Mortgage you relied upon in deciding
12
that you had the authority to execute the assignment
13
of mortgage in this foreclosure case?
14
15
16
A.
I did not rely on anything from Wells
Fargo and MERS.
Q.
What business records of Wells Fargo
17
Home Mortgage did you rely upon in deciding that you
18
had the authority to execute the assignment of
19
mortgage in this case?
20
MR. NICHOLAS:
Object to the form and
21
also object to the extent that it asks for privileged
22
information.
23
24
25
MR. DENBEAUX:
We'll try to determine
whether there's anything privileged in a minute.
A.
42
Fargo.
Q.
My question was as to Wells Fargo Home
Mortgage, and it may be there's no distinction in
your answer between the two, but I just want to make
sure.
Mortgage and your answer related to Wells Fargo, is
that just imprecision or is there a meaningful
difference between the two?
A.
9
10
My question related to Wells Fargo Home
Fargo Home Mortgage.
Q.
11
What business records did you rely on
12
from MERS in deciding you had the authority to
13
execute the assignment of mortgage?
14
MR. NICHOLAS:
Objection to form.
15
A.
I did not rely on anything from MERS.
16
Q.
You relied on no MERS business records
17
to determine that you had the right to execute the
18
assignment of mortgage in this case?
19
MR. NICHOLAS:
Objection to form.
20
A.
I did not rely on anything from MERS.
21
Q.
So you relied on no MERS business
22
records in making your decision to execute the
23
assignment of mortgage.
24
25
Is that your testimony?
MR. NICHOLAS:
back.
Sorry, can you read that
43
1
2
MR. DENBEAUX:
Q.
I'll just say it again.
So you didn't rely on any business
records of MERS to decide that you had the authority
to execute the assignment of mortgage in this case.
Is that your testimony?
A.
Did I rely on?
Q.
Did you execute an assignment of
I did not.
mortgage in this case?
A.
I believe I did.
10
Q.
At the time that you executed this
11
assignment of mortgage, did you believe that you had
12
the right to assign the mortgage as indicated in the
13
14
15
MR. NICHOLAS:
A.
16
17
Objection to form.
Could you repeat that?

MR. DENBEAUX:
Would you mark this as
D-6, please.
18
(One page Assignment of Mortgage, dated
19
2/11/2010, is marked as exhibit D-6 for
20
identification.)
21
Q.
22
I give you D-6 (indicating).

Before we talk about D-6, I want to go
23
back to D-5, page one.
The caption of this or the
24
title of this or the large bold capitalized print in
25
the middle of the upper page is "Mortgage Electronic
Registration Systems, Inc.," below it is "Corporate
Resolution."
Are we looking at the same document?
4
5
6
44
A.
If you're referring to D-5, I believe
Q.
Okay.
so.
It says, "Be it Resolved that
the attached list of candidates are employee(s) of
Zucker, Goldberg & Ackerman and are hereby appointed
as assistant secretaries and vice presidents of
10
Mortgage Electronic Registration Systems, Inc., and
11
as such, are authorized to:"
12
Have I read that properly?
13
A.
I believe so.
14
Q.
Now, this first page does not identify
15
the attached list of candidates, correct?
16
A.
The first page?
17
Q.
Yes.
18
A.
That is correct.
19
Q.
The first page indicates that the list
20
of candidates, which should be attached to this
21
document, are authorized to do certain functions on
22
behalf of MERS, correct?
23
24
25
A.
I'm not sure what you mean by
"functions."
Q.
They're authorized to take certain
45
actions in the name of MERS on behalf of MERS,
correct?
A.
I believe the document states that
certain candidates are employed by Zucker, Goldberg &
Ackerman, and are appointed as assistant secretaries
and vice presidents of Mortgage Electronic
Registration Systems, Inc., and, as such, are
authorized to, and it enumerates the powers that were
granted to the employees of Zucker, Goldberg &
10
Ackerman.
11
Q.
Start with the first power to be
12
enumerated, the full description is:
"Assign the
13
lien of any mortgage loan registered on the MERS
14
System that is shown to be registered to Wells Fargo
15
Home Mortgage a Division of Wells Fargo Bank, NA or
16
its designee."
17
What does that power mean -- excuse me,
18
what does that language authorize the candidate to do
19
on behalf of MERS?
20
A.
It authorizes the candidate to "assign
21
the lien of any mortgage loan registered on the MERS
22
23
24
its designee."
25
Q.
Does this enumerated power authorize
46
the candidate to assign the lien of any mortgage loan
that is not registered on the MERS System to Wells
Fargo Home Mortgage a Division of Wells Fargo Bank,
NA or its designee?
5
6
MR. NICHOLAS:
A.
Objection to form.
I believe that this corporate
resolution authorizes a candidate who is employed by
Zucker, Goldberg & Ackerman to assign the lien of any
mortgage loan registered on the MERS System that is
10
shown to be registered to Wells Fargo Home Mortgage a
11
Division of Wells Fargo Bank, NA or its designee.
12
Q.
The second enumerated power or
13
authorization or authority is:
14
any mortgage loan registered on the MERS System that
15
is shown to be registered to Wells Fargo Home
16
Mortgage a Division of Wells Fargo Bank, NA or its
17
designee."
18
"Release the lien of
What does that language authorize the
19
candidate to do?
20
A.
The candidate, if an employee of
21
Zucker, Goldberg & Ackerman, is authorized to release
22
the lien of any mortgage loan registered on the MERS
23
24
25
its designee.
47
Q.
The third authority states in part:
"Execute any and all documents necessary to foreclose
upon the property securing any mortgage loan
registered on the MERS System that is shown to be
registered to the Member."
Do you see that language?
A.
I do.
Q.
What is the "Member," what does that
8
9
word mean?
A.
The member, I interpret as meaning
10
11
Bank, NA.
12
Q.
13
Okay.
Thank you.
And the fourth and I believe final
14
enumerated authority is:
15
and execute all documents necessary to protect the
16
interest of the Member, the beneficial owner of such
17
mortgage loan, or MERS in any bankruptcy proceeding,"
18
and then it continues.
19
20
21
"Take any and all actions
My question is:
Is this fourth
enumerated power limited to the bankruptcy context?
A.
This fourth enumerated power of a
22
candidate who may be employed by Zucker, Goldberg &
23
Ackerman is limited to taking "any and all actions
24
and execute all documents necessary to protect the
25
interests of the member, the beneficial owner of such
48
loan, or MERS in any bankruptcy proceeding regarding
a loan registered on the MERS System," and then it
goes on from there.
Q.
It does go on from there.

As I read the fourth enumerated
authority, all of the specific rights or authorities
given to the candidate seem to be exclusive to
bankruptcy procedures.
My question to you is, when you read
10
this or when you read this, do you understand that
11
this fourth authority gives authorities to act on
12
behalf of the member or, excuse me, to act on behalf
13
of MERS in the bankruptcy context or in the
14
bankruptcy context and other forums?
15
16
17
18
MR. NICHOLAS:
Q.
Objection to form.
Let me ask you this.
Is the fourth
enumerated power limited to bankruptcy proceedings?
A.
As you define this fourth enumerated
19
paragraph, it grants to a candidate who is an
20
employee of Zucker, Goldberg & Ackerman the authority
21
to "Take any and all actions and execute all
22
documents necessary to protect the interest of the
23
Member, the beneficial owner of such mortgage loan,
24
or MERS in any bankruptcy proceeding regarding a loan
25
registered to the Member, including but not limited
to (a) executing Proofs of Claim and Affidavits of
Movant under 11" --
Q.
49
I'm going to interrupt your answer,
because if you're just going to read D-5's enumerated
fourth paragraph into the record, I'd rather you
didn't.
accurately and D-5 will be attached to the deposition
transcript, there doesn't seem to be a need for it.
I have no doubt you're going to read it
10
But if your answer is limited to merely reading into
11
the record, please, let's move on.
12
The next page to D-5 is captioned
13
"Agreement for Signing Authority," at least that's
14
sort of the title of the document.
15
The next page has four signatures, one
16
on behalf of Zucker Goldberg, one on behalf of MERS,
17
one on behalf of MERSCORP., one on behalf of the
18
member, Wells Fargo Home Mortgage a Division of Wells
19
Fargo Bank, NA.
Do you see that?
20
A.
I do.
21
Q.
I think I properly described that,
23
A.
I believe so.
24
Q.
And the last page, the fourth page of
22
25
right?
the document, I don't understand this page, could you
1
2
50
explain what this page means?
A.
The page specifically says "Zucker
Goldberg & Ackerman, LLC (for Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA," and it
gives a number of 1000113.
It further goes on to say "Mortgage
Electronic Registration Systems, Inc., Certifying
Officers (effective January 5, 2010), Michael S.
Ackerman, Joel Ackerman, Denise Carlon, Annie Cha,
10
11
12
and Brian Nicholas."
Q.
Okay, I can read it as well, but thank
you for putting that into the record.
13
Are the Mortgage Electronic
14
Registration Systems, Inc, Certifying Officers
15
(effective January 5, 2010), the candidates
16
referenced on the first page of this document?
17
A.
They could be.
18
Q.
You don't know?
19
A.
It could be.
20
Q.
But you don't know?
21
A.
They could be, that's my answer.
22
Q.
Are you aware that your office produced
23
this document to my office?
24
A.
I'm not aware of that.
25
Q.
Have you ever seen this corporate
51
resolution, before I showed it to you today?
A.
Yes.
Q.
When did you last see it?
A.
Don't recall the specific date.
Q.
The second and third pages appear to be
a two page "Agreement for Signing Authority," and it
appears that you signed it on behalf of Zucker
Goldberg & Ackerman as a managing partner on
March 16, 2006.
10
A.
That's what the document reflects.
11
Q.
Do you recall signing this document?
12
A.
Do I recall?
13
Q.
Signing this document?
14
A.
I don't specifically recall signing the
15
document.
16
Q.
Does this appear to be your signature?
17
A.
That is my signature.
18
Q.
You don't recall signing the document,
19
I understand that.
20
is your signature and that you did in fact sign this
21
document?
22
A.
I have no doubt that is my signature.
23
Q.
Do you have any doubt that you signed
24
25
Do you have any doubt that this
this document?
A.
If this is the entire document to which
my signature was affixed on March 16, 2006, then I
have no problem, I have no doubt about that.
Q.
Okay.
I'm going to put on the record
that we received these four pages which constitutes
D-5 from Zucker, Goldberg & Ackerman LLC in this
litigation.
52
Now, is it your understanding that the
first page, the corporate resolution of MERS, is
associated with or supposed to be connected with this
10
second and third pages Agreement for Signing
11
Authority?
12
all part of a single document?
In other words, are pages 1, 2, 3 and 4
13
A.
Don't know what you mean by "document."
14
Q.
Okay.
15
By the way, my "okay" doesn't mean I
16
accept his inability to understand the word
17
"document," I don't.
18
Do you know who William Hultman is?
19
A.
I don't recall.
20
Q.
Looking at page two of D-5, Agreement
21
for Signing Authority, the start of the document is:
22
"MERSCORP, INC. and its subsidiary, Mortgage
23
Electronic Registration Systems, Inc., Wells Fargo
24
Home Mortgage a Division of Wells Fargo Bank, NA and
25
Zucker, Goldberg & Ackerman, hereby agrees as
53
follows:"
Except for not reciting the three terms
in quotes and parentheses, have I properly read the
beginning of this document into the record?
A.
I believe so.
Q.
First paragraph reads:
"The purpose of
this agreement for signing authority is to define the
rights and obligations of the parties when Vendor
performs certain duties, as described in the attached
10
corporate resolution relating to mortgage loans that
11
are registered on the MERS System and shown on the
12
MERS System to be serviced by Member."
13
The vendor in this paragraph, if I
14
understand the document correctly, the vendor is your
15
firm, Zucker, Goldberg & Ackerman, LLC, right?
16
17
A.
I agree that that's what you have
indicated.
18
Q.
Who's the vendor?
19
A.
In this document?
20
Q.
In this document.
21
A.
Zucker, Goldberg & Ackerman.
22
Q.
And the member is Wells Fargo Home
23
Mortgage a Division of Wells Fargo Bank, NA, correct?
24
A.
I believe so.
25
Q.
And it references the attached
54
corporate resolution.
Do you see that?
A.
Yes.
Q.
Is page one of D-5, is that the
corporate resolution referenced in paragraph one of
the agreement for signing authority?
A.
I believe so.
Q.
Now, the last section of paragraph one
says "relating to mortgage loans that are registered
on the MERS System and shown on the MERS System to be
10
serviced by Member."
11
Do you see that phrase I'm referencing?
12
A.
I do.
13
Q.
As you read this -- actually as you
14
signed this document, this agreement for signing
15
authority, what did you understand that phrase to
16
mean?
17
A.
As I signed this?
18
Q.
Yes.
19
A.
I don't recall.
20
Q.
What do you understand that phrase to
21
mean today?
22
A.
I understand --
23
Q.
You --
24
A.
I'm sorry, go ahead.
25
Q.
I'd like to rephrase the question to be
55
a little more specific.
It says "relating to mortgage loans
that are registered on the MERS System and shown on
the MERS System to be serviced by Member."
Did you read that to be conjunctive,
meaning that this resolution related only to mortgage
loans registered on the MERS System that are also
serviced by the member or disjunctive in that this
resolution related to mortgage loans registered on
10
the system and also to mortgage loans registered on
11
the MERS System that is serviced by the member but
12
not necessarily otherwise registered on the MERS
13
System?
14
MR. NICHOLAS:
Q.
15
Objection to form.
And if there's a third way to interpret
16
that or a 15th way to interpret that, please feel
17
free to.
A.
18
I interpret it as relating to mortgage
19
loans that are registered on the MERS System and
20
shown on the MERS System to be serviced by the
21
member.
22
23
24
25
Q.
So you're not going to be able to help
me out there on figuring this out?
A.
I think the delegation of authority is
specific as set forth in paragraph one of the
56
agreement for signing authority.
Q.
So am I correct in understanding then
that this agreement for signing authority limited the
candidate's signing authority -- let me rephrase
that.
So am I correct in understanding that
this agreement for signing authority limited the
vendor's signing authority to relate to mortgage
loans that are both registered on the MERS System and
10
serviced by the member?
11
A.
12
question.
13
Q.
14
15
16
17
I withdraw my question.
Paragraph two --
A.
Before you get to paragraph two,
possible to take a short break?
Q.
18
19
Of course.
Q.
Paragraph two says, "Wells Fargo Home
20
Mortgage a Division of Wells Fargo Bank, NA is a
21
member of MERS, and has signed an agreement of
22
membership that is incorporated herein by reference."
23
24
25
Do you see that first sentence in the

second paragraph?
A.
I do.
57
Q.
Member, which is Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, right,
that's member?
A.
I agree.
Q.
Member has entered into a separate
contract with the vendor, which is Zucker, Goldberg &
Ackerman, correct?
A.
In this document, yes.
Q.
Right.
We're only talking about this
10
document, we're not talking a global definition of
11
member.
12
In this document, the vendor is Wells
13
Fargo Home Mortgage a Division of Wells Fargo Bank,
14
NA, and vendor is Zucker, Goldberg & Ackerman,
15
correct?
16
A.
Yes.
17
Q.
So going back to this, "Member has
18
entered into a separate contract with Vendor to
19
perform certain services for Member."
20
Did I read that properly?
21
A.
Yes.
22
Q.
And if I insert the definitions of the
23
terms, it would read:
"Wells Fargo Home Mortgage a
24
Division of Wells Fargo Bank, NA has entered into a
25
separate contract with Zucker, Goldberg & Ackerman to
58
perform certain services for Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA," right?
A.
Yes.
Q.
Is that contract the retainer agreement
that entitled you to represent the plaintiff in this
litigation?
A.
7
8
I have no idea.
MR. NICHOLAS:
Objection.
Q.
You don't know?
10
A.
(Witness shakes head.)
11
Q.
I honestly couldn't hear the answer.
12
A.
I have no idea.
13
Q.
That contract reference in paragraph
14
two is not included in D-5, correct?
15
16
17
A.
I'm confused, I thought all of this was
Q.
D-5 is four pages.
D-5.
18
Is the contract referenced in paragraph
19
two between member and vendor included in these four
20
pages of D-5?
21
A.
I don't know.
22
Q.
You don't know?
23
A.
Don't know.
24
Q.
Let's go back to page one.
25
Is this
corporate resolution from MERS the contract
59
referenced in paragraph two of page two?
A.
Don't know.
Q.
You don't know if the MERSCORP.
corporate resolution is or is not a contract between
your law firm and Wells Fargo, you don't know the
answer to that question?
A.
Do I know if that is the contract that
is referred to in paragraph two of agreement for
signing authority?
10
No, I don't know.
MR. DENBEAUX:
Well, we obviously want
11
to see a copy of that contract.
12
contention that that document is privileged?
13
MR. NICHOLAS:
Is it your
We have to figure out
14
what the contract is first, and then we'll have to
15
make that determination.
16
writing, we will take it under advisement.
17
Put that request in
MR. DENBEAUX:
We established that the
18
simple existence of documents between your client and
19
your firm is not privileged, because you didn't
20
assert the privilege over the revelation that there
21
is a contract.
22
MR. NICHOLAS:
Yes, the document speaks
23
for itself, meaning it references a separate
24
contract.
25
don't know, the witness testified that he wasn't sure
To the extent that one exists or not, I
60
what it was referring to, so as I sit here right now,
I don't have an answer.
3
4
MR. DENBEAUX:
Q.
Okay.
Paragraph four, second sentence, "All
parties agree that MERS and Mortgage Electronic
Registration Systems, Inc. are not responsible for
the accuracy of any information provided by Member to
Vendor, or any information entered into the MERS
System by or on behalf of Member."
10
There's no question.
11
Paragraph seven says, "Upon termination
12
of the contract between Member and Vendor, this
13
agreement shall concurrently terminate and the
14
corporate resolution shall be revoked at such time."
15
Do you see that paragraph?
16
A.
I do.
17
Q.
Is the contract between Zucker,
18
Goldberg & Ackerman and Wells Fargo Home Mortgage a
19
Division of Wells Fargo Bank, NA still active?
20
MR. NICHOLAS:
Objection to form.
21
A.
As of this date?
22
Q.
Yes.
23
A.
I don't recall.
24
Q.
Do you know whether it was active as of
25
the date you executed the assignment of mortgage?
61
A.
I believe so.
Q.
Who is the signatory of MERSCORP. INC.
on the document, if you recall?
It says vice president, but it doesn't
give a name and there's no way I'm reading that
signature.
A.
Neither am I.
Q.
Okay.
And the same question for
Mortgage Electronic Registration Systems, Inc.,
10
except this time they're identified as secretary
11
treasurer.
12
A.
Don't know.
13
Q.
And you are Michael S. Ackerman, right?
14
I know there's more than one Ackerman here, I just
15
want to make sure.
16
A.
I am Michael S. Ackerman.
17
Q.
Do you know of any other Mortgage
18
Electronic Registration Systems, Inc. corporate
19
resolutions?
20
MR. NICHOLAS:
Objection to form.
21
MR. DENBEAUX:
It wasn't a question
22
yet.
23
withdraw the question.
24
25
Actually I understand your objection, I
Q.
Is it your position that the corporate
resolution and agreement for signing authority in D-5
62
gave you the authority to execute the assignment of
mortgage that is D-6?
A.
3
4
As of the date I executed the
assignment of mortgage, yes.
Q.
What language in D-5 do you believe
entitled you to execute the assignment of mortgage
that is D-6?
A.
In D-5?
Q.
Any of the four pages, not just the
10
first page.
A.
11
The corporate resolution, the provision
12
that says "Assign the lien of any mortgage loan
13
14
registered to Wells Fargo Home Mortgage a Division of
15
Wells Fargo Bank, NA or its designee."
Q.
16
Okay.
D-6, it indicates -- you have
17
that in front of you -- states "Assignment of
18
Mortgage, "That Mortgage Electronic Registration
19
Systems, Inc. as nominee for American Mortgage
20
Express Corp."
21
It continues and it goes on, and it
22
describes the purported assignment.
But I want to
23
concentrate only on that first section, if I'm able
24
to.
25
to explain an answer, then we'll go to the full
If you need to reference later in the document
63
document.
A.
Okay.
Q.
All right.
Okay?
This says MERS as nominee
for American Mortgage Express Corp.
What portion of D-5 entitles or
entitled you to execute an assignment of mortgage on
behalf of American Mortgage Express Corp.?
MR. NICHOLAS:
Objection to form.
A.
"Or its designee."
10
Q.
Okay.
All right.
So is it your
11
testimony -- by the way, what was the objection to
12
form?
He's already answered, but I'm just curious.
13
14
MR. NICHOLAS:
It's not what the
MR. DENBEAUX:
We're looking at the two
document says.
15
16
documents, be more specific in your objection to
17
form.
18
19
20
MR. NICHOLAS:
The question is answered
at this point, so we can move on.
Q.
On D-5, the three words "or its
21
designee," does that phrase reference Wells Fargo
22
Home Mortgage a Division of Wells Fargo Bank or some
23
other entity?
24
25
"Or its designee," does that mean a
64
designee of Wells Fargo Home Mortgage a Division of
A.
I believe it does.
Q.
Why do you believe that American
Mortgage Express Corp. was, as of the date you
executed this assignment of mortgage, a designee of
Bank, NA?
9
10
MR. NICHOLAS:
Objection to form,
that's not what the testimony was.
11
A.
Can you repeat that question?
12
Q.
Okay, I'm going to try again.
13
As of the date you executed this
14
assignment of mortgage on D-6, did you understand
15
that American Mortgage Express Corp. was a designee
16
of Wells Fargo Home Mortgage a Division of Wells
17
Fargo Bank, NA?
18
A.
19
Q.
As of the day you executed this
20
assignment of mortgage, did you believe that you had
21
the authority to execute this assignment of mortgage
22
assigning the mortgage out of -- can you read my
23
question back, please.
24
25

reporter.)
65
1
2
MR. DENBEAUX:
I withdraw the question,
I will try again.
Q.
As of the date you executed the
assignment of mortgage that is D-6, was Mortgage
Electronic Registration Systems, Inc. a nominee for
American Mortgage Express Corp.?
A.
I don't recall.
Q.
What steps did you take, if you took
any, to determine whether Mortgage Electronic
10
Registration Systems, Inc. was a nominee for American
11
Mortgage Express Corp., before you executed this
12
A.
Our usual and customary steps at the
15
Q.
Which were what?
16
A.
I don't recall specifically what steps
13
14
17
18
19
time.
were in place as of February 11, 2010.
Q.
But whatever they were, you followed
them, is your testimony?
20
A.
Absolutely.
21
Q.
How would we refresh your recollection
22
as to what those steps were, excuse me, what those
23
processes and procedures were to determine whether
24
MERS was a nominee for American Mortgage Express
25
Corp. as of the moment you signed the assignment of
66
the mortgage?
A.
Don't know.
Q.
Are there any written policies or
procedures that your firm has in place to make sure
that paralegals or support staff or attorneys do the
proper background checking or the proper research to
make sure that the assignments like these are
accurate?
A.
There are policies and procedures.
10
Q.
Do you still have copies of those
11
policies and procedures that would be in existence as
12
of the date of the execution of the assignment of
13
mortgage?
14
A.
I don't know.
15
Q.
Who would know whether there are still
16
copies of those documents?
17
A.
I don't know.
18
Q.
As of the date of the execution of this
19
document, was American Mortgage Express Corp. a
20
designee of Wells Fargo Home Mortgage a Division of
21
22
MR. NICHOLAS:
Objection to form.
23
MR. DENBEAUX:
24
MR. NICHOLAS:
The question is just
25
confusing.
67
1
2
MR. DENBEAUX:
It's not confusing, it
is perfectly clear.
A.
I believe so.
Q.
Are there any documents which might
determine whether in fact American Mortgage Express
Corp. was a designee of Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA as of the date you
A.
I don't recall.
10
Q.
So why do you believe that American
11
Mortgage Express Corp. was a designee of Wells Fargo
12
Home Mortgage a Division of Wells Fargo Bank, NA as
13
of the date you executed the assignment of mortgage?
14
A.
15
procedures work.
16
Q.
Because I know our policies and
So again can you explain to me what
17
those policies and procedures were that worked --
18
wait, hold on a second, had the policies and
19
procedures changed from the day you executed the
20
assignment of mortgage in this case until today?
21
A.
Have they changed?
22
Q.
Yes.
23
A.
Yes.
24
Q.
Do you remember what they were as of
25
February 11, 2010?
68
A.
Specifically, no.
Q.
Do you know what they are today
specifically?
4
5
MR. NICHOLAS:
I'm going to object,
it's privileged, it's work product.
MR. DENBEAUX:
It's not privileged.
MR. NICHOLAS:
Internal policies and
procedures aren't privileged?
MR. DENBEAUX:
They're not privileged.
10
They're not attorney/client communication.
11
be protected by the work product doctrine, they're
12
not privileged, but I didn't ask what they were.
13
14
They may
MR. NICHOLAS:
That's exactly what you
MR. DENBEAUX:
No, I did not, I said do
asked.
15
16
you know what they are today specifically.
17
yes or no question, it does not disclose anything
18
work product at all.
19
not to answer?
20
It's a
Are you instructing your client
MR. NICHOLAS:
If he knows the answer,
21
he's welcome to answer a yes or no question.
I'm not
22
going to allow him to answer specifics of policies
23
and procedures.
24
MR. DENBEAUX:
I didn't ask him.
25
MR. NICHOLAS:
If it's a yes or no
69
question, I'm fine with that.
2
3
MR. DENBEAUX:
I didn't ask him what
they were yet.
Q.
My question is:
Do you know
specifically what the policies and procedures are
today?
A.
Specifically?
Q.
Yes.
A.
No.
10
Q.
But you know they work?
11
A.
Yes.
12
Q.
How do you know that your office staff
13
followed your procedures and policies, whatever they
14
may have been, as of 11 February 2010?
15
A.
Because we check.
16
Q.
Did you check before you signed the
17
18
19
20
21
A.
Did we check our policies and
procedures?
Q.
Did you check whether you always
complied with the policies and procedures?
22
A.
Yes.
23
Q.
How did you do that?
24
A.
Through a number of different means.
25
Q.
What were they?
70
A.
We have specific quality control over
this area.
validates that all people are following religiously
our policies and procedures.
Q.
We have an internal audit department that
You did no independent research on your
own, prior to you executing this assignment of
mortgage, beyond relying upon information passed to
you by your employees to determine, before you signed
this assignment of mortgage, that American Mortgage
10
Express Corp. was a designee of Wells Fargo Home
11
Mortgage a Division of Wells Fargo Bank, NA.
12
correct?
13
MR. NICHOLAS:
Is that
Objection to form.
14
A.
No, that is not correct.
15
Q.
Other than accepting that your staff
16
followed the policies and procedures and presumably
17
told you that it was okay to sign this -- excuse me,
18
let me rephrase that.
He already answered to that.
19
So if the policies work, why did the
20
policies and procedures change between the date of
21
execution of the assignment and today?
22
A.
For various reasons.
23
Q.
But they always worked 100 percent
24
perfectly before and after the changes.
25
testimony?
Is that your
71
1
2
MR. NICHOLAS:
Objection to form.
don't believe that was ever his testimony.
MR. DENBEAUX:
Q.
Okay.
You're right.
You didn't say that, you said the
policies worked, you didn't say they worked all the
time.
my question is:
guess it's opinion, or your testimony that the
policies work, did you mean that the policies worked
10
So you're right, I accept the objection.
So
When you testified that it's your, I
every single time without exception?
11
A.
That I am aware of, yes.
12
Q.
So in this case have you done any
13
independent research at any time after you executed
14
this assignment of mortgage on February 11, 2010, to
15
determine whether the policies and procedures worked
16
in this case?
17
A.
In this case?
18
Q.
Yes.
19
A.
I don't recall.
20
Q.
Other than for information provided to
21
you by your staff, which your counsel has designated
22
as attorney work product, is there any information
23
you can direct me to that indicates that as of the
24
date you executed this assignment of mortgage,
25
American Mortgage Express Corp. was a designee of
72
Bank, NA?
A.
Could you repeat it?
MR. DENBEAUX:
reporter.)
8
9
Read it back, please.
MR. NICHOLAS:
the form.
I don't think he ever said that Wells
10
Fargo or that American Home was ever a designee of
11
Wells Fargo.
12
13
14
MR. DENBEAUX:
hasn't said that.
A.
15
16
17
18
19
You're correct, he
My question stands.
You can repeat the question again.

reporter.)
A.
Nothing that I haven't previously
indicated.
Q.
What is the other information, whether
20
you previously indicated it or not, referenced in
21
your answer?
22
A.
Our policies and procedures.
23
Q.
Other than the policies and procedures,
24
25
is there any other information?
A.
None that I recall at this time.
Q.
73
Have you ever signed on behalf of your
company an agreement for signing authority with
American Mortgage Express Corporation?
A.
I don't recall.
Q.
Do you have a MERS corporate resolution
authorizing a list of candidates who are employees of
Zucker, Goldberg & Ackerman to be appointed as
assistant secretaries and vice presidents of MERS to
assign the lien of any mortgage loan registered on
10
the MERS System that is shown to be registered to
11
American Mortgage Express Corp. or its designee?
12
A.
I don't recall.
13
Q.
Going back to D-6, please.
14
I don't want to read the entire
15
document into the record, but in the third paragraph,
16
the one directly under the bold letters "HSBC Bank
17
USA, National Association," and continuing, okay, the
18
paragraph starting at "located at 961 Weigel Drive,"
19
do you see that paragraph I'm speaking of?
20
A.
I do.
21
Q.
It references a certain mortgage made
22
by Hilde B. Lezaron, a single woman, on lands, and
23
I'm not going to read the dollar amount or the
24
particular descriptions of the real property, but the
25
paragraph here references a mortgage and it does not
74
1
2
reference a note, correct?
A.
Paragraph says "which mortgage was
recorded or registered in the office of the Clerk of
Bergen County."
Q.
Right, there's a note referenced
elsewhere in the document, but that paragraph is
limited to the mortgage, not the note, correct?
A.
That is correct.
Q.
And the second paragraph or, excuse me,
10
paragraph below that starts with "Together with the
11
Bond, Note or other Obligation therein described, and
12
the money due and to grow due thereon, with the
13
interest."
You see that paragraph?
14
A.
I do.
15
Q.
This paragraph references the note, in
16
addition to the mortgage, in a number of places.
17
reading that correctly, right?
I'm
18
A.
You --
19
Q.
Actually I'm not reading it correctly,
20
because this paragraph does not reference the
21
mortgage, I don't think.
22
A.
There is a reference to the mortgage.
23
Q.
You're right, okay.
24
25
Did your client ever come into

possession of the note?
75
A.
Yes.
Q.
When?
A.
I do not recall.
Q.
How do you know your client came into
possession of the note?
A.
A number of different ways.
Q.
Please enumerate them.
A.
Well, we asked them for the note, they
produced it, that is one.
Q.
10
Okay.
11
MR. NICHOLAS:
12
any further explanation on this question to the
13
extent that it goes to attorney/client
14
communications.
15
MR. DENBEAUX:
Q.
16
Okay.
Your answer, even before your attorney
17
objected to it, didn't identify when your client came
18
into possession of the note.
19
did your client come into possession of the note?
My question is, when
20
A.
Don't recall.
21
Q.
I'm going to show you D-3 and D-4,
22
please.
23
(indicating).
24
25
I'll give you the stamped copies
I'll give you a moment to review the

document, if you'd like, but before you review them,
76
just understand that my client concedes executing
this note, and so I'm not sure the terms of the note
are going to be relevant to any of my questions.
not forbidding you from reviewing the document, just
so you know where I'm going with this.
6
7
MR. NICHOLAS:
Just for purposes of
timing, how much longer do you think you have?
MR. DENBEAUX:
on how many definitional problems I have.
10
11
MR. NICHOLAS:
To be honest, it depends
At 3:00 we have to end
it for a conference.
12
MR. DENBEAUX:
For how long?
13
MR. NICHOLAS:
For how long, I don't
14
know, so I need a couple of minutes to --
15
MR. DENBEAUX:
16
I'm
Stop at 2:45, hopefully
for good and possibly not.
17
MR. NICHOLAS:
I just want to give you
19
MR. DENBEAUX:
I appreciate it.
20
21
MR. DENBEAUX:
18
22
a heads-up.
Q.
We're back on.
Giving you exhibits D-3 and D-4, which
23
are both copies of the note in this litigation, and I
24
don't recall which, I guess it was both produced by
25
your office, though I'm not positive about that.
77
1
2
Okay, I'm positive they were produced

by your office.
D-4 has, if you look at the final page
of the note, I'm going to represent, unless I'm
totally wrong here and I'm not, I'm going to
represent that these are the same note, the same
address, and that my client signed both of them.
Things we've already conceded in the litigation.
9
10
But D-4 has one endorsement, and D-3 I

think has two.
11
Before I go further, I want to make
12
sure we're in agreement on my description of D-3 and
13
D-4 being identical but for the difference in the
14
endorsements.
15
16
17
18
A.
That is correct, D-3 apparently has two
endorsements and D-4 has one.
Q.
Let's start with D-4.
Do you know when
this endorsement was placed on this note?
19
A.
I do not.
20
Q.
The endorsement says "Pay to the order
21
without recourse to Wells Fargo Bank," and it's
22
signed by Vickie Sanchez, assistant vice president
23
for American Service Corp., correct?
24
A.
No.
25
Q.
No, okay.
Then I must have misread
78
1
2
this.
Can you explain this endorsement to me then?
A.
It says, "Pay to the order of without
recourse to Wells Fargo Bank, NA, American Mortgage
Express Corp.," signed by Vickie Sanchez, assistant
vice president.
6
7
8
9
10
11
Q.
Let's do it this way.
Who is the
endorsing entity for the single endorsement on D-4?

MR. NICHOLAS:
this whole line of questioning.
This is outside the
scope of why this witness is being called.

MR. DENBEAUX:
Here's the point, and
12
you can determine, after I explain this to you,
13
whether you are going to maintain the objection or
14
we're going to get into a giant fight over it.
15
right, here it is.
16
All
We have on February 11, 2010, an
17
assignment of mortgage by MERS as nominee for
18
American Mortgage Express Corp., and we have two
19
notes, one note is endorsed by American Mortgage
20
Express Corp. to Wells Fargo Bank, NA, and the next
21
is endorsed twice, once by American Mortgage Express
22
Corp. to Wells Fargo Bank, NA, and then, as I read
23
it, a second time by Wells Fargo Bank, NA as a bearer
24
instrument, it's blank.
25
I want to know the dates of these
79
endorsements, if the witness knows them, and I want
to know why, if the dates don't work for the
assignment of mortgage, why the assignment of
mortgage is executed by MERS as nominee for American
Mortgage Express Corp.
questions.
So I'm going back to my
MR. NICHOLAS:
I keep my same
objection, that that's not what this witness has been
called for, that that's outside the dep notice and
10
it's not appropriate.
11
deposition of the Wells Fargo employee, these were
12
questions you could have asked him at that point.
13
You guys just had the
MR. DENBEAUX:
I can't ask a Wells
14
Fargo employee about an assignment of mortgage
15
executed by the current witness.
16
MR. NICHOLAS:
You're not asking about
17
the assignment of mortgage, you're asking questions
18
about the endorsements on the note.
19
20
Q.
Who was the owner of the note as of the
date that you signed the assignment of mortgage?
21
A.
Who is the owner?
22
Q.
Who was the holder of the note -- no,
23
rephrase that, to be completely accurate.
Who was
24
the possessor of the note on the date that you
25
80
A.
1
2
I'm not sure what you mean by
"possessor."
Q.
3
4
You don't know what "possessor" means?

What entity or person was in physical
possession of the original note as of the date you
A.
What entity?
Q.
Or person was in physical possession of
the original note?
10
A.
Don't know.
11
Q.
What entity or person instructed
12
Zucker, Goldberg & Ackerman to file the complaint for
13
foreclosure in this case?
14
MR. NICHOLAS:
Q.
15
Objection, privileged.
Did HSBC Bank USA instruct you to file
16
the complaint in this case, you being Zucker,
17
Goldberg & Ackerman?
18
A.
No.
19
Q.
Did Wells Fargo Asset Securities
20
Corporation direct you to file the complaint in this
21
action?
22
A.
No.
23
Q.
Did Wells Fargo Asset Securities --
24
25
MR. NICHOLAS:
this line of questioning, because you're basically
81
trying to do an end around my previous objection.
MR. DENBEAUX:
Which is nonsensical.
We have a complaint being filed.
determine whether the party filing it had the
authority to file it.
Ackerman LLC" at the top of this complaint.
to know whether Zucker, Goldberg & Ackerman LLC had
the authority to file this complaint in the first
instance, and I'm entitled to know which lender, if
10
It says "Zucker, Goldberg &

I want
any, directed this complaint to be filed.
11
12
I'm entitled to
Is it your position I'm not entitled to

that information?
13
MR. NICHOLAS:
I'm saying you're not
14
entitled to ask about communications between an
15
attorney and a client.
16
MR. DENBEAUX:
I want to know which
17
entity directed this complaint to be filed against
18
Hilde Lezaron.
19
Is that question privileged?

MR. NICHOLAS:
To the extent you're
20
asking about communications between an attorney and a
21
client, yes.
22
MR. DENBEAUX:
Is the answer to that
23
question a communication between an attorney and a
24
client?
25
MR. NICHOLAS:
I don't understand.
82
1
2
MR. DENBEAUX:
question, if you don't understand the answer.
3
4
Then don't object to the
MR. NICHOLAS:
No, I didn't understand
the back and forth.
MR. DENBEAUX:
The question is:
What
entity directed Zucker, Goldberg & Ackerman to file
the complaint for foreclosure in this case.
8
9
You're saying that that is

objectionable as attorney/client privilege, correct?
10
MR. NICHOLAS:
Correct.
11
MR. DENBEAUX:
So your position then
12
is, it is a client of Zucker, Goldberg & Ackerman
13
that directed you, the firm, to file the complaint,
14
correct?
15
MR. NICHOLAS:
I'm not saying anything,
16
I'm saying that the question you've asked potentially
17
results in an answer that's protected by
18
attorney/client privilege.
19
20
21
MR. DENBEAUX:
Is the answer protected
by the attorney/client privilege?

MR. NICHOLAS:
You're not even
22
authorized to elicit questions that go into the realm
23
of attorney/client privilege.
24
MR. DENBEAUX:
What?
25
MR. NICHOLAS:
You cannot ask questions
83
that are protected by attorney/client privilege.
can't solicit information about communications
between attorneys and clients.
MR. DENBEAUX:
You fundamentally
misunderstand the concept of the privilege.
going to ask one more time.
Q.
I'm
What entity instructed Zucker, Goldberg
& Ackerman to file the complaint in foreclosure
against Hilde Lezaron?
10
11
You
MR. NICHOLAS:
And I'm going to direct
the client not to answer.
12
MR. DENBEAUX:
Q.
13
Okay.
What entity directed, requested or
14
petitioned Zucker, Goldberg & Ackerman to execute an
15
assignment of mortgage in this litigation?
16
MR. NICHOLAS:
17
the form of that question.
18
MR. DENBEAUX:
Why?
19
MR. NICHOLAS:
Don't know what you
MR. DENBEAUX:
You don't know what I
MR. NICHOLAS:
Correct.
20
mean.
21
22
mean?
23
Q.
24
25
time.
I'm going to ask the question one last
84
1
2
What entity instructed that an

assignment of mortgage be filed in this case?
MR. NICHOLAS:
Note the same objection.
Q.
I'm still waiting for the answer.
A.
Wells Fargo Home Mortgage.
Q.
Wells Fargo Home Mortgage, is that the
entity that also instructed this complaint be filed?
8
9
10
11
12
MR. NICHOLAS:
Q.
Objection, privileged.
Are you standing by your counsel's
determination that that is privileged?
A.
Yes.
MR. DENBEAUX:
I can't complete this
13
deposition without addressing what I think are
14
frivolous and improper objections based on privilege.
15
So the deposition is not over, we have to contact the
16
court on this issue.
17
and the court will decide whether we're over or not,
18
but I do not close this deposition.
19
I'm going to do that by motion,
MR. NICHOLAS:
Well, just for purposes
20
of the record, then you need to put the points that
21
you are seeking the assistance of the court on the
22
record and, you know, ask the rest of your questions
23
to the extent that they're not governed by the
24
privilege to which you dispute.
25
MR. DENBEAUX:
My questions were not
85
governed by the privilege in the first instant.
So I
know I can't continue this deposition, going into the
areas to which I'm entitled, under the current claim
of privilege and instruct you not to answer.
either you're right or I'm right, we're going to get
a decision and I almost certainly am going to be back
here.
Now,
Thank you.
Please indicate D-2 was marked but not
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
It was nice to meet you.
referenced.
(Time noted:
2:20 p.m.)
86
1
C E R T I F I C A T E
2
3
4
I, KIM O. FURBACHER, License No. XIO1042, a
Certified Court Reporter, Registered Professional
Reporter, Certified Realtime Court Reporter and
Notary Public of the State of New Jersey, certify
that the foregoing is a true and accurate transcript
of the deposition of MICHAEL S. ACKERMAN, ESQ., who
10
was first duly sworn by me at the place and on the
11
date hereinbefore set forth.
12
I further certify that I am neither attorney
13
nor counsel for, nor related to or employed by any of
14
the parties to the action in which this deposition is
15
taken, and further that I am not a relative or
16
employee of any attorney or counsel employed in this
17
case, nor am I financially interested in this action.
18
19
20
21
22
My Commission Expires:
7/11/14
23
24
25
A Notary Public of the

State of New Jersey
License No. XIO1042
1
0
07092 [1] - 4:23
07092-0024 [1] - 2:6
07675 [3] - 1:24, 2:11,
2:24
1
1 [2] - 3:21, 52:11
100 [1] - 70:23
1000113 [1] - 50:5
1024 [1] - 2:6
11 [7] - 16:11, 49:3,
65:17, 67:25, 69:14,
71:14, 78:16
11:27 [1] - 1:21
15th [1] - 55:16
16 [2] - 51:9, 52:1
2
2 [1] - 52:11
2/11/2010 [3] - 3:22,
14:23, 43:19
200 [3] - 1:19, 2:5,
4:22
2006 [2] - 51:9, 52:1
2007-PA6 [5] - 1:5,
8:12, 9:13, 11:16,
15:3
201-664-8855 [1] 2:12
201-666-4888 [2] 1:25, 2:25
201-666-6944 [2] 1:25, 2:25
2010 [9] - 8:20, 16:11,
50:8, 50:15, 65:17,
67:25, 69:14, 71:14,
78:16
2011 [1] - 1:20
23 [1] - 3:10
253 [1] - 2:7
29 [1] - 3:12
2:20 [1] - 85:11
2:45 [1] - 76:15
3
3 [1] - 52:11
301 [3] - 1:19, 2:5,
4:23
366 [1] - 2:11
381 [2] - 1:24, 2:24
3:00 [1] - 76:10
4
4 [10] - 3:4, 3:11, 3:14,
3:16, 3:16, 3:18,
3:18, 3:20, 52:11
4/5/2010 [2] - 3:11, 4:2

43 [1] - 3:22
4a [1] - 14:20
5
5 [3] - 8:20, 50:8,
50:15
7
7/11/14 [1] - 86:22
7/27/2007 [4] - 3:16,
3:18, 4:11, 4:15
8
8 [1] - 1:20
9
908-233-8500 [1] - 2:7
961 [1] - 73:18
A
a.m [1] - 1:21
abandon [1] - 16:6
able [2] - 55:22, 62:23
absolutely [6] - 12:3,
12:6, 16:3, 21:20,
23:6, 65:20
accept [7] - 8:17,
13:12, 13:17, 16:7,
26:10, 52:16, 71:6
accepting [3] - 36:24,
37:1, 70:15
according [1] - 7:9
accuracy [1] - 60:7
accurate [3] - 66:8,
79:23, 86:8
accurately [2] - 8:6,
49:8
Ackerman [45] - 4:22,
5:1, 17:4, 17:22,
18:2, 18:23, 19:3,
19:9, 23:13, 23:20,
27:12, 28:5, 28:13,
38:6, 44:8, 45:5,
45:10, 46:8, 46:21,
47:23, 48:20, 50:3,
50:9, 51:8, 52:5,
52:25, 53:15, 53:21,
57:7, 57:14, 57:25,
60:18, 61:13, 61:14,
61:16, 73:7, 80:12,
80:17, 81:6, 81:7,
82:6, 82:12, 83:8,
83:14
ACKERMAN [5] - 1:6,
1:19, 2:4, 3:3, 86:9
Ackerman's [1] - 5:11
act [3] - 22:9, 48:11,
48:12
action [3] - 80:21,
86:14, 86:17
actions [5] - 40:16,
45:1, 47:14, 47:23,
48:21
active [2] - 60:19,
60:24
ADAM [1] - 2:10
addition [2] - 28:1,
74:16
address [1] - 77:7
addressed [1] - 8:21
addressing [1] - 84:13
adjustable [2] - 4:10,
4:14
Adjustable [2] - 3:15,
3:17
advice [1] - 37:1
advisement [1] 59:16
affidavits [2] - 4:6,
49:2
Affidavits [1] - 3:13
affixed [1] - 52:1
agent [6] - 9:19, 9:20,
9:23, 10:7, 10:11,
11:8
ago [1] - 39:12
agree [11] - 5:10, 5:14,
8:15, 10:16, 14:2,
14:10, 19:13, 31:22,
53:16, 57:4, 60:5
agreed [1] - 19:12
agreement [30] - 5:6,
11:22, 12:2, 12:5,
12:8, 12:17, 12:18,
13:6, 14:2, 14:4,
14:6, 14:13, 17:1,
49:13, 51:6, 52:10,
52:20, 53:7, 54:5,
54:14, 56:1, 56:3,
56:7, 56:21, 58:4,
59:8, 60:13, 61:25,
73:2, 77:12
agrees [1] - 52:25
ahead [1] - 54:24
al [1] - 1:9
allow [2] - 37:9, 68:22
almost [1] - 85:6
amending [1] - 36:19
American [24] - 14:24,
16:9, 62:19, 63:4,
63:7, 64:4, 64:15,
65:6, 65:10, 65:24,
66:19, 67:5, 67:10,
70:9, 71:25, 72:10,
73:3, 73:11, 77:23,
78:3, 78:18, 78:19,
78:21, 79:4
amount [1] - 73:23

Annie [1] - 50:9
answer [41] - 6:14,
6:20, 7:5, 13:14,
17:14, 20:10, 25:8,
29:15, 29:17, 32:16,
34:8, 34:25, 35:6,
36:22, 37:2, 37:7,
37:12, 39:9, 39:21,
42:4, 42:6, 49:4,
49:10, 50:21, 58:11,
59:6, 60:2, 62:25,
68:19, 68:20, 68:21,
68:22, 72:21, 75:16,
81:22, 82:2, 82:17,
82:19, 83:11, 84:4,
85:4
answered [4] - 20:7,
63:12, 63:18, 70:18
appear [3] - 19:8,
51:5, 51:16
applies [1] - 23:16
appointed [3] - 44:8,
45:5, 73:7
appreciate [1] - 76:19
appropriate [3] - 36:6,
38:24, 79:10
April [1] - 8:20
area [1] - 70:2
areas [1] - 85:3
assert [1] - 59:20
asserted [1] - 27:4
assertion [3] - 12:23,
13:18, 13:19
Asset [12] - 1:4, 6:11,
6:17, 7:2, 7:25, 8:10,
9:11, 9:12, 11:9,
11:14, 11:15, 80:19
asset [9] - 1:5, 6:7,
8:11, 11:18, 11:20,
15:1, 15:2, 80:23
Asset-Backed [2] 9:12, 11:15
asset-backed [3] 1:5, 8:11, 15:2
Assign [1] - 62:12
assign [10] - 18:20,
18:23, 18:24, 19:4,
43:12, 45:12, 45:20,
46:1, 46:8, 73:9
assigned [1] - 19:22
assigning [1] - 64:22
assignment [68] 5:12, 5:23, 14:22,
16:8, 20:3, 20:16,
20:24, 22:17, 22:25,
24:1, 24:7, 24:16,
25:11, 26:4, 27:18,
28:15, 28:22, 30:3,
30:11, 32:12, 34:23,
36:7, 38:16, 41:4,

41:12, 41:18, 42:13,
42:18, 42:23, 43:4,
43:7, 43:11, 43:13,
43:18, 60:25, 62:1,
62:4, 62:6, 62:17,
62:22, 63:6, 64:6,
64:14, 64:20, 64:21,
65:4, 65:12, 65:25,
66:12, 67:8, 67:13,
67:20, 69:17, 70:6,
70:9, 70:21, 71:14,
71:24, 78:17, 79:3,
79:14, 79:17, 79:20,
79:25, 80:6, 83:15,
84:2
Assignment [1] - 3:21
assignments [1] 66:7
assignor [1] - 34:23
assist [2] - 22:14,
22:22
assistance [1] - 84:21
assistant [5] - 44:9,
45:5, 73:8, 77:22,
78:4
associated [1] - 52:9
Association [5] - 1:3,
9:10, 11:4, 11:14,
73:17
association [1] 14:25
assure [1] - 39:24
attached [6] - 44:7,
44:15, 44:20, 49:8,
53:9, 53:25
attachments [1] - 9:7
attention [2] - 13:16,
14:14
attorney [9] - 26:13,
37:24, 71:22, 75:16,
81:15, 81:20, 81:23,
86:12, 86:16
attorney/client [15] 13:18, 13:20, 26:12,
26:17, 27:1, 27:5,
36:22, 36:25, 68:10,
75:13, 82:9, 82:18,
82:20, 82:23, 83:1
attorneys [2] - 66:5,
83:3
audit [1] - 70:2
August [1] - 1:20
authenticating [1] 15:25
authorities [2] - 48:6,
48:11
authority [34] - 12:22,
17:1, 18:3, 41:3,
41:12, 41:18, 42:12,
2
43:3, 46:13, 47:1,
47:14, 48:6, 48:11,
48:20, 49:13, 51:6,
52:11, 52:21, 53:7,
54:5, 54:15, 55:24,
56:1, 56:3, 56:4,
56:7, 56:8, 59:9,
61:25, 62:1, 64:21,
73:2, 81:5, 81:8
authorization [1] 46:13
authorize [3] - 45:18,
45:25, 46:18
authorized [6] - 44:11,
44:21, 44:25, 45:8,
46:21, 82:22
authorizes [2] - 45:20,
46:7
authorizing [1] - 73:6
awaiting [1] - 16:15
aware [3] - 50:22,
50:24, 71:11
B
backed [2] - 8:11, 15:2
Backed [3] - 1:5, 9:12,
11:15
background [1] - 66:6
bank [5] - 45:15, 57:2,
63:22, 67:12, 77:21
Bank [55] - 1:3, 6:6,
9:10, 10:23, 11:1,
11:4, 11:10, 11:11,
11:12, 11:13, 14:25,
17:4, 19:7, 23:25,
24:6, 24:15, 25:11,
26:3, 27:21, 30:14,
31:11, 32:11, 34:1,
34:17, 35:25, 36:10,
45:23, 46:3, 46:11,
46:16, 46:24, 47:11,
49:19, 50:4, 52:24,
53:23, 56:20, 57:13,
57:24, 58:2, 60:19,
62:15, 64:2, 64:8,
64:17, 66:21, 67:7,
70:11, 72:2, 73:16,
78:3, 78:20, 78:22,
78:23, 80:15
bankruptcy [8] 47:17, 47:20, 48:1,
48:8, 48:13, 48:14,
48:17, 48:24
Banks [1] - 16:10
BARRY [2] - 1:23,
2:23
based [1] - 84:14
basic [1] - 6:21
basis [2] - 5:15, 12:23
Bate [1] - 5:21
bearer [1] - 78:23

beginning [1] - 53:4
behalf [14] - 18:4,
44:22, 45:1, 45:19,
48:12, 49:16, 49:17,
51:7, 60:9, 63:7,
73:1
belief [1] - 25:8
below [2] - 44:1, 74:10
beneficial [3] - 47:16,
47:25, 48:23
BERGEN [1] - 1:1
Bergen [1] - 74:4
best [1] - 19:18
better [1] - 9:15
between [17] - 7:24,
8:9, 9:16, 17:1, 25:6,
42:4, 42:8, 58:19,
59:4, 59:18, 60:12,
60:17, 70:20, 81:14,
81:20, 81:23, 83:3
beyond [1] - 70:7
blank [1] - 78:24
bnicholas@
zuckergoldberg.
com [1] - 2:7
bold [2] - 43:24, 73:16
bond [1] - 74:11
Box [1] - 2:6
break [3] - 6:4, 23:9,
56:16
Brian [1] - 50:10
BRIAN [1] - 2:4
BROADWAY [2] 1:24, 2:24
business [33] - 25:19,
25:25, 27:7, 27:8,
27:17, 28:3, 28:6,
28:12, 29:20, 29:23,
31:18, 32:19, 32:25,
33:1, 33:5, 34:21,
35:3, 35:7, 35:19,
36:3, 37:18, 38:2,
38:9, 38:15, 39:11,
39:15, 41:1, 41:10,
41:16, 42:11, 42:16,
42:21, 43:2
BY [4] - 2:4, 2:10,
4:25, 10:3
C
c/o [1] - 4:21
candidate [9] - 45:18,
45:20, 46:1, 46:7,
46:19, 46:20, 47:22,
48:7, 48:19
candidate's [1] - 56:4
candidates [6] - 44:7,
44:15, 44:20, 45:4,
50:15, 73:6
cannot [1] - 82:25
capacity [1] - 18:21
capitalized [1] - 43:24
caption [2] - 7:21,
43:23
captioned [1] - 49:12
Carlon [1] - 50:9
case [30] - 5:2, 6:6,
6:23, 9:22, 10:8,
10:18, 10:21, 11:9,
11:11, 11:23, 26:5,
26:22, 27:3, 28:22,
38:16, 41:4, 41:13,
41:19, 42:18, 43:4,
43:8, 67:20, 71:12,
71:16, 71:17, 80:13,
80:16, 82:7, 84:2,
86:17
caused [1] - 32:8
certain [9] - 18:14,
19:2, 44:21, 44:25,
45:4, 53:9, 57:19,
58:1, 73:21
certainly [2] - 27:3,
85:6
certificates [2] - 8:12,
15:3
Certificates [3] - 1:5,
9:12, 11:16
CERTIFIED [2] - 1:23,
2:23
Certified [4] - 1:14,
1:16, 86:5, 86:6
certify [2] - 86:7,
86:12
Certifying [2] - 50:7,
50:14
Cha [1] - 50:9
CHANCERY [1] - 1:1
change [1] - 70:20
changed [3] - 39:23,
67:19, 67:21
changes [1] - 70:24
changing [1] - 39:24
check [9] - 30:10,
30:15, 30:18, 33:7,
33:15, 69:15, 69:16,
69:18, 69:20
checked [7] - 6:1,
31:2, 31:7, 31:21,
31:25, 32:4, 33:10
checking [1] - 66:6
choosing [1] - 13:12
CICCARELLI [3] - 2:5,
5:20, 5:25
claim [2] - 49:2, 85:3
clarified [1] - 6:22
clear [5] - 10:15,
13:17, 13:19, 36:21,
67:2
clerk [1] - 74:3
client [40] - 6:8, 6:15,
6:23, 7:3, 7:8, 7:9,
7:14, 7:25, 8:10,
8:21, 8:23, 9:17,
9:19, 9:20, 10:7,
10:18, 10:22, 11:1,
11:5, 15:20, 26:13,
27:13, 28:17, 29:4,
37:10, 37:16, 37:24,
59:18, 68:18, 74:24,
75:4, 75:17, 75:19,
76:1, 77:7, 81:15,
81:21, 81:24, 82:12,
83:11
clients [6] - 26:10,
26:22, 27:8, 27:9,
27:15, 83:3
close [4] - 26:7, 26:16,
27:1, 84:18
Coldwell's [1] - 36:17
commencing [1] 1:21
Commission [1] 86:22
communication [5] 22:21, 23:4, 23:7,
68:10, 81:23
communications [5] 37:23, 75:14, 81:14,
81:20, 83:2
company [3] - 6:10,
6:18, 73:2
compensation [1] 14:7
complaint [26] - 7:22,
8:2, 8:5, 8:7, 8:13,
8:22, 9:8, 9:9, 9:18,
14:15, 15:10, 15:18,
15:25, 16:1, 80:12,
80:16, 80:20, 81:3,
81:6, 81:8, 81:10,
81:17, 82:7, 82:13,
83:8, 84:7
complete [1] - 84:12
completely [1] - 79:23
complied [1] - 69:21
complies [1] - 9:4
conceded [1] - 77:8
concedes [1] - 76:1
concentrate [1] 62:23
concept [1] - 83:5
conclude [1] - 26:1
concurrently [1] 60:13
conference [1] - 76:11
confused [1] - 58:15
confusing [2] - 66:25,
67:1
confusion [4] - 21:15,
23:2, 25:3, 40:1
conjunctive [1] - 55:5
connected [1] - 52:9
consists [1] - 16:22
constitutes [1] - 52:4
contact [1] - 84:15
contained [2] - 14:15,
38:11
contains [1] - 12:17
content [1] - 17:6
contention [1] - 59:12
context [3] - 47:20,
48:13, 48:14
continue [1] - 85:2
continues [2] - 47:18,
62:21
continuing [1] - 73:17
contract [15] - 57:6,
57:18, 57:25, 58:4,
58:13, 58:18, 58:25,
59:4, 59:7, 59:11,
59:14, 59:21, 59:24,
60:12, 60:17
control [1] - 70:1
convenience [2] 39:23, 39:25
convoluted [1] - 10:15
copies [5] - 8:25,
66:10, 66:16, 75:22,
76:23
copy [7] - 8:23, 12:7,
14:1, 14:4, 14:5,
16:18, 59:11
Corp [23] - 14:25,
16:10, 17:2, 62:20,
63:4, 63:7, 64:5,
64:15, 65:6, 65:11,
65:25, 66:19, 67:6,
67:11, 70:10, 71:25,
73:11, 77:23, 78:4,
78:18, 78:20, 78:22,
79:5
Corporate [1] - 3:20
corporate [21] - 4:19,
17:19, 17:21, 18:1,
18:6, 18:22, 19:10,
44:1, 46:6, 50:25,
52:8, 53:10, 54:1,
54:4, 58:25, 59:4,
60:14, 61:18, 61:24,
62:11, 73:5
corporation [1] - 15:2
Corporation [12] - 1:4,
6:12, 6:17, 7:3, 8:1,
8:11, 9:11, 11:9,
11:15, 16:24, 73:3,
80:20
correct [45] - 9:23,
3
10:8, 10:19, 10:20,
11:3, 11:17, 11:19,
12:20, 13:11, 13:15,
15:12, 15:15, 15:21,
17:5, 17:13, 23:13,
24:11, 31:14, 31:20,
32:5, 32:13, 33:12,
37:6, 44:15, 44:18,
44:22, 45:2, 53:23,
56:2, 56:6, 57:7,
57:15, 58:14, 70:12,
70:14, 72:12, 74:1,
74:7, 74:8, 77:15,
77:23, 82:9, 82:10,
82:14, 83:23
correctly [6] - 15:6,
15:9, 40:13, 53:14,
74:17, 74:19
counsel [4] - 8:19,
71:21, 86:13, 86:16
Counsel [2] - 2:8, 2:13
counsel's [4] - 13:13,
36:24, 37:1, 84:9
County [1] - 74:4
COUNTY [1] - 1:1
couple [1] - 76:14
course [4] - 12:14,
18:15, 23:22, 56:17
COURT [3] - 1:1, 1:23,
2:23
court [11] - 13:3,
15:20, 25:15, 36:13,
38:25, 64:24, 72:6,
72:15, 84:16, 84:17,
84:21
Court [4] - 1:15, 1:16,
86:5, 86:6
cover [5] - 3:10, 3:13,
4:1, 4:5, 4:17
curiosity [1] - 21:1
curious [1] - 63:12
current [2] - 79:15,
85:3
customary [1] - 65:13
D
D-1 [6] - 3:10, 4:3,
8:19, 9:6, 14:15,
15:19
D-2 [3] - 3:12, 4:8,
85:9
D-3 [7] - 3:15, 4:11,
75:21, 76:22, 77:9,
77:12, 77:15
D-4 [10] - 3:17, 4:15,
75:21, 76:22, 77:3,
77:9, 77:13, 77:16,
77:17, 78:7
D-5 [23] - 3:19, 4:20,
16:18, 16:20, 16:22,
17:16, 17:18, 43:23,

44:4, 49:8, 49:12,
52:5, 52:20, 54:3,
58:14, 58:16, 58:17,
58:20, 61:25, 62:5,
62:8, 63:5, 63:20
D-5's [1] - 49:5
D-6 [11] - 3:21, 43:17,
43:19, 43:21, 43:22,
62:2, 62:7, 62:16,
64:14, 65:4, 73:13
date [34] - 19:21,
19:25, 20:3, 20:15,
20:23, 22:16, 22:24,
24:16, 25:11, 26:4,
27:17, 28:14, 30:2,
30:7, 32:12, 36:6,
40:10, 51:4, 60:21,
60:25, 62:3, 64:5,
64:13, 65:3, 66:12,
66:18, 67:7, 67:13,
70:20, 71:24, 79:20,
79:24, 80:5, 86:11
dated [11] - 3:10, 3:16,
3:18, 3:22, 4:2, 4:10,
4:14, 8:20, 14:22,
16:10, 43:18
dates [2] - 78:25, 79:2
dealing [1] - 25:4
decide [2] - 43:3,
84:17
deciding [5] - 38:15,
41:3, 41:11, 41:17,
42:12
decision [2] - 42:22,
85:6
deemed [1] - 37:11
Defendants [2] - 1:10,
2:13
define [11] - 21:21,
21:25, 22:6, 22:7,
34:10, 40:20, 40:21,
40:22, 40:24, 48:18,
53:7
defined [2] - 37:2,
39:22
defining [3] - 24:24,
29:12, 29:14
definition [5] - 22:5,
22:12, 22:18, 37:4,
57:10
definitional [1] - 76:9
definitions [1] - 57:22
delegation [1] - 55:24
demands [1] - 18:15
DENBEAUX [89] - 2:9,
2:10, 4:25, 5:15,
5:19, 6:3, 8:4, 8:8,
9:2, 9:5, 9:25, 10:3,
12:1, 12:4, 12:7,
12:15, 12:21, 13:1,

13:9, 13:25, 15:24,
16:4, 17:8, 17:11,
21:1, 21:5, 21:9,
23:8, 23:11, 25:14,
26:9, 26:18, 27:23,
28:23, 29:2, 33:21,
33:24, 34:4, 34:7,
36:18, 37:14, 37:17,
37:21, 38:1, 38:18,
38:23, 39:4, 41:23,
43:1, 43:16, 59:10,
59:17, 60:3, 61:21,
63:15, 65:1, 66:23,
67:1, 68:6, 68:9,
68:15, 68:24, 69:2,
71:3, 72:5, 72:12,
75:15, 76:8, 76:12,
76:15, 76:19, 76:21,
78:11, 79:13, 81:2,
81:16, 81:22, 82:1,
82:5, 82:11, 82:19,
82:24, 83:4, 83:12,
83:18, 83:21, 84:12,
84:25
Denbeaux [2] - 3:4,
5:1
Denise [1] - 50:9
dep [1] - 79:9
department [1] - 70:2
DEPOSITION [1] - 1:3
deposition [15] - 5:4,
5:7, 5:10, 13:4,
15:23, 16:2, 40:16,
49:8, 79:11, 84:13,
84:15, 84:18, 85:2,
86:9, 86:14
described [5] - 19:14,
28:19, 49:21, 53:9,
74:11
describes [1] - 62:22
description [3] - 14:6,
45:12, 77:12
DESCRIPTION [1] 3:9
descriptions [1] 73:24
designated [3] - 7:15,
9:10, 71:21
designee [21] - 19:7,
45:16, 45:24, 46:4,
46:11, 46:17, 46:25,
62:15, 63:9, 63:21,
63:25, 64:1, 64:6,
64:15, 66:20, 67:6,
67:11, 70:10, 71:25,
72:10, 73:11
determination [2] 59:15, 84:10
determine [10] -
30:12, 41:23, 42:17,

65:9, 65:23, 67:5,
70:8, 71:15, 78:12,
81:4
DEUTSCH [4] - 2:10,
5:22, 6:5, 16:13
difference [2] - 42:8,
77:13
different [5] - 8:25,
9:1, 19:9, 69:24,
75:6
difficult [1] - 18:17
difficulty [2] - 24:24,
40:3
direct [3] - 71:23,
80:20, 83:10
Direct [1] - 3:4
DIRECT [1] - 4:25
directed [5] - 81:10,
81:17, 82:6, 82:13,
83:13
directing [3] - 13:16,
14:14, 36:21
directly [1] - 73:16
disclose [1] - 68:17
disclosing [1] - 38:10
discovery [9] - 5:23,
12:8, 12:11, 13:23,
14:1, 14:9, 18:14,
28:17, 28:22
discussion [1] - 16:14
disjunctive [1] - 55:8
dispute [1] - 84:24
distinction [2] - 25:6,
42:3
DIVISION [1] - 1:1
Division [32] - 26:3,
27:21, 30:13, 31:10,
32:11, 34:1, 34:16,
35:24, 36:10, 45:23,
46:3, 46:11, 46:16,
46:24, 47:10, 49:18,
50:4, 52:24, 53:23,
56:20, 57:13, 57:24,
58:2, 60:19, 62:14,
64:1, 64:7, 64:16,
66:20, 67:7, 70:11,
72:1
division [10] - 17:3,
19:7, 23:25, 24:5,
24:15, 25:10, 45:15,
57:2, 63:22, 67:12
docket [2] - 3:14, 4:7
DOCKET [1] - 1:2
doctrine [1] - 68:11
document [65] - 3:10,
3:13, 4:2, 4:6, 4:9,
4:13, 4:18, 14:8,
15:10, 15:15, 15:17,
15:18, 16:15, 16:25,
18:7, 18:12, 19:2,

19:15, 21:18, 21:21,
22:13, 24:10, 24:25,
29:12, 37:5, 37:15,
40:21, 44:3, 44:21,
45:3, 49:14, 49:25,
50:16, 50:23, 51:10,
51:11, 51:13, 51:15,
51:18, 51:21, 51:24,
51:25, 52:12, 52:13,
52:17, 52:21, 53:4,
53:14, 53:19, 53:20,
54:14, 57:8, 57:10,
57:12, 59:12, 59:22,
61:3, 62:24, 63:1,
63:14, 66:19, 73:15,
74:6, 75:25, 76:4
documentation [1] 36:23
documents [31] 3:10, 3:12, 4:1, 4:5,
4:17, 16:23, 18:4,
20:20, 21:6, 21:11,
24:3, 28:18, 28:24,
29:4, 29:5, 29:8,
36:17, 37:6, 37:9,
37:21, 38:7, 38:8,
38:12, 47:2, 47:15,
47:24, 48:22, 59:18,
63:16, 66:16, 67:4
dollar [1] - 73:23
done [1] - 71:12
doubt [6] - 16:5, 49:7,
51:19, 51:22, 51:23,
52:2
drive [1] - 73:18
due [3] - 12:14, 74:12
duly [2] - 4:24, 86:10
during [3] - 6:4, 18:15,
40:22
duties [1] - 53:9
E
effective [2] - 50:8,
50:15
either [2] - 26:19, 85:5
Electronic [16] - 3:19,
14:23, 17:2, 17:20,
18:4, 28:9, 44:10,
45:6, 50:13, 52:23,
60:5, 61:9, 61:18,
62:18, 65:5, 65:9
electronic [8] - 4:18,
16:23, 22:21, 23:4,
23:7, 25:7, 43:25,
50:7
electronically [1] 22:2
elicit [1] - 82:22
elsewhere [1] - 74:6
4
employed [6] - 31:24,
45:4, 46:7, 47:22,
86:13, 86:16
employee [10] - 23:13,
23:14, 23:15, 30:25,
34:13, 46:20, 48:20,
79:11, 79:14, 86:16
employee(s [1] - 44:7
employees [3] - 45:9,
70:8, 73:6
enclosing [1] - 8:22
end [2] - 76:10, 81:1
endorsed [2] - 78:19,
78:21
endorsement [5] 77:9, 77:18, 77:20,
78:1, 78:7
endorsements [4] 77:14, 77:16, 79:1,
79:18
endorsing [1] - 78:7
entered [4] - 57:5,
57:18, 57:24, 60:8
entire [2] - 51:25,
73:14
entities [16] - 25:20,
25:25, 26:20, 26:21,
27:6, 27:9, 27:14,
27:16, 27:25, 28:4,
28:6, 28:10, 28:18,
29:21
entitled [13] - 1:13,
4:6, 4:9, 4:13, 4:18,
58:5, 62:6, 63:6,
81:3, 81:9, 81:11,
81:14, 85:3
entitles [1] - 63:5
entity [16] - 7:17, 7:18,
7:20, 7:21, 11:22,
63:23, 78:7, 80:4,
80:7, 80:11, 81:17,
82:6, 83:7, 83:13,
84:1, 84:7
enumerate [1] - 75:7
enumerated [10] 45:12, 45:25, 46:12,
47:14, 47:20, 47:21,
48:5, 48:17, 48:18,
49:5
enumerates [1] - 45:8
error [1] - 40:1
ESQ [7] - 1:6, 2:4, 2:5,
2:10, 2:10, 3:3, 86:9
Esq [1] - 3:11
ESQS [1] - 2:9
ESQUIRE [1] - 4:21
established [2] 33:14, 59:17
establishing [1] - 13:6
et [1] - 1:9
EVID [1] - 3:9

evidence [1] - 24:4
evidences [1] - 24:13
exact [2] - 39:17,
39:19
exactly [3] - 8:14,
29:19, 68:13
EXAMINATION [2] 1:4, 4:25
Examination [1] - 3:4
except [4] - 9:22,
10:10, 53:2, 61:10
exception [1] - 71:10
exclude [1] - 37:5
exclusive [1] - 48:7
excuse [8] - 10:22,
23:9, 28:1, 45:17,
48:12, 65:22, 70:17,
74:9
execute [18] - 38:16,
41:3, 41:12, 41:18,
42:13, 42:17, 42:22,
43:4, 43:7, 47:2,
47:15, 47:24, 48:21,
62:1, 62:6, 63:6,
64:21, 83:14
executed [30] - 20:23,
22:17, 22:25, 24:1,
24:6, 24:17, 25:11,
26:4, 27:18, 30:2,
30:11, 32:12, 36:6,
43:10, 60:25, 62:3,
64:6, 64:13, 64:19,
65:3, 65:11, 67:8,
67:13, 67:19, 71:13,
71:24, 79:4, 79:15,
79:25, 80:6
executing [3] - 49:2,
70:6, 76:1
execution [7] - 5:11,
5:16, 20:16, 28:15,
66:12, 66:18, 70:21
exhibit [11] - 4:3, 4:8,
4:11, 4:15, 4:20,
14:14, 15:19, 16:16,
16:17, 17:6, 43:19
exhibits [1] - 76:22
EXHIBITS [1] - 3:8
existed [1] - 14:8
existence [7] - 12:1,
12:4, 12:16, 12:18,
37:6, 59:18, 66:11
exists [3] - 13:6,
14:13, 59:24
Expires [1] - 86:22
explain [5] - 50:1,
62:25, 67:16, 78:1,
78:12
explanation [2] 13:10, 75:12
Express [22] - 14:25,

16:9, 62:20, 63:4,
63:7, 64:5, 64:15,
65:6, 65:11, 65:24,
66:19, 67:5, 67:11,
70:10, 71:25, 73:3,
73:11, 78:4, 78:18,
78:20, 78:21, 79:5
Ext [1] - 2:7
extent [9] - 26:7,
26:16, 29:3, 36:16,
41:21, 59:24, 75:13,
81:19, 84:23
F
F-10078-10 [1] - 1:2
F-178-10 [2] - 3:14,
4:7
fact [3] - 40:8, 51:20,
67:5
fair [1] - 5:19
Fargo [151] - 1:4, 6:7,
6:9, 6:10, 6:11, 6:13,
6:15, 6:16, 6:17,
6:20, 6:22, 6:24,
6:25, 7:1, 7:2, 7:7,
7:10, 7:15, 7:16,
7:25, 8:10, 9:11,
9:17, 11:9, 11:14,
15:1, 17:3, 17:4,
19:6, 19:7, 23:24,
23:25, 24:5, 24:14,
24:15, 25:10, 26:2,
26:3, 27:20, 27:21,
28:8, 28:13, 29:6,
29:22, 30:13, 31:10,
32:10, 32:11, 33:25,
34:1, 34:16, 34:17,
35:6, 35:20, 35:24,
35:25, 36:4, 36:9,
36:10, 37:8, 37:18,
37:22, 38:10, 38:14,
39:10, 39:16, 41:2,
41:11, 41:15, 41:16,
42:1, 42:2, 42:5,
42:6, 42:10, 45:14,
45:15, 45:22, 45:23,
46:3, 46:10, 46:11,
46:15, 46:16, 46:23,
46:24, 47:10, 49:18,
49:19, 50:3, 50:4,
52:23, 52:24, 53:22,
53:23, 56:19, 56:20,
57:1, 57:2, 57:13,
57:23, 57:24, 58:1,
58:2, 59:5, 60:18,
60:19, 62:14, 62:15,
63:21, 63:22, 64:1,
64:2, 64:7, 64:16,
64:17, 66:20, 66:21,
67:6, 67:7, 67:11,

67:12, 70:10, 70:11,
72:1, 72:10, 72:11,
77:21, 78:3, 78:20,
78:22, 78:23, 79:11,
79:14, 80:19, 80:23,
84:5, 84:6
fashion [1] - 25:7
FAX [2] - 1:25, 2:25
fax [1] - 6:2
faxed [1] - 6:4
February [6] - 16:11,
65:17, 67:25, 69:14,
71:14, 78:16
fight [1] - 78:14
figure [2] - 5:7, 59:13
figuring [1] - 55:23
file [8] - 80:12, 80:15,
80:20, 81:5, 81:8,
82:6, 82:13, 83:8
filed [8] - 9:8, 15:19,
16:5, 81:3, 81:10,
81:17, 84:2, 84:7
filing [1] - 81:4
final [2] - 47:13, 77:3
financially [1] - 86:17
fine [1] - 69:1
firm [18] - 11:2, 11:5,
15:11, 15:14, 15:16,
16:5, 17:22, 18:13,
18:14, 19:22, 23:17,
23:20, 31:23, 53:15,
59:5, 59:19, 66:4,
82:13
first [20] - 5:23, 5:24,
15:7, 17:17, 17:22,
19:11, 44:14, 44:16,
44:19, 45:11, 50:16,
52:8, 53:6, 56:23,
59:14, 62:10, 62:23,
81:8, 85:1, 86:10
five [2] - 23:8, 39:12
followed [3] - 65:18,
69:13, 70:16
following [2] - 40:15,
70:3
follows [2] - 4:24, 53:1
FOND [2] - 1:23, 2:23
forbid [1] - 38:4
forbidding [1] - 76:4
foreclose [1] - 47:2
foreclosure [8] - 7:17,
9:9, 18:7, 18:25,
41:13, 80:13, 82:7,
83:8
foregoing [1] - 86:8
forget [1] - 31:6
forgive [1] - 40:18
forgotten [1] - 20:11
form [41] - 8:3, 9:24,
17:7, 18:9, 19:24,

20:17, 20:25, 21:2,
22:21, 27:22, 28:20,
29:24, 31:13, 32:14,
33:3, 33:20, 35:13,
36:1, 36:16, 38:17,
39:2, 39:5, 41:5,
41:20, 42:14, 42:19,
43:14, 46:5, 48:15,
55:14, 60:20, 61:20,
63:8, 63:12, 63:17,
64:9, 66:22, 70:13,
71:1, 72:9, 83:17
formal [2] - 7:18, 7:20
formally [1] - 10:11
format [1] - 22:2
forth [3] - 55:25, 82:4,
86:11
forum [1] - 40:10
forums [1] - 48:14
four [11] - 4:9, 4:13,
4:17, 14:15, 19:8,
49:15, 52:4, 58:17,
58:19, 60:4, 62:9
fourth [9] - 47:13,
47:19, 47:21, 48:5,
48:11, 48:16, 48:18,
49:6, 49:24
frame [1] - 40:11
free [1] - 55:17
frivolous [1] - 84:14
front [2] - 9:1, 62:17
full [2] - 45:12, 62:25
fully [1] - 7:14
functions [2] - 44:21,
44:24
fundamentally [1] 83:4
FURBACHER [2] 1:14, 86:4
G
general [1] - 6:2
generally [1] - 40:23
generated [1] - 37:9
giant [1] - 78:14
given [3] - 6:21, 19:9,
48:7
global [1] - 57:10
GOLDBERG [2] 1:18, 2:4
Goldberg [40] - 4:22,
17:4, 17:22, 18:1,
18:23, 19:3, 19:9,
23:13, 23:20, 27:12,
28:5, 28:13, 31:24,
44:8, 45:4, 45:9,
46:8, 46:21, 47:22,
48:20, 49:16, 50:3,
51:8, 52:5, 52:25,
5
53:15, 53:21, 57:6,
57:14, 57:25, 60:18,
73:7, 80:12, 80:17,
81:5, 81:7, 82:6,
82:12, 83:7, 83:14
governed [2] - 84:23,
85:1
granted [1] - 45:9
grants [1] - 48:19
ground [1] - 40:19
grow [1] - 74:12
guess [3] - 18:21,
71:8, 76:24
guys [2] - 13:22, 79:10
H
hand [1] - 9:3
happy [2] - 12:25,
29:17
head [1] - 58:10
heads [1] - 76:18
heads-up [1] - 76:18
hear [1] - 58:11
heard [2] - 27:2, 29:10
held [5] - 1:18, 16:14,
23:10, 56:18, 76:20
help [1] - 55:22
hereby [2] - 44:8,
52:25
herein [2] - 15:3,
56:22
hereinbefore [1] 86:11
Hilde [11] - 3:11, 4:2,
5:2, 6:7, 8:21, 15:20,
18:20, 18:24, 73:22,
81:18, 83:9
HILDE [1] - 1:9
hold [1] - 67:18
holder [1] - 79:22
Home [60] - 17:3, 19:6,
23:24, 24:5, 24:14,
25:10, 26:2, 27:20,
28:8, 28:13, 29:6,
29:22, 30:13, 31:10,
32:11, 33:25, 34:16,
35:7, 35:20, 35:24,
36:4, 36:9, 38:10,
38:14, 39:16, 41:2,
41:11, 41:17, 42:2,
42:5, 42:10, 45:15,
45:23, 46:3, 46:10,
46:15, 46:24, 47:10,
49:18, 50:3, 52:24,
53:22, 56:19, 57:1,
57:13, 57:23, 58:1,
60:18, 62:14, 63:22,
64:1, 64:7, 64:16,
66:20, 67:6, 67:12,
70:10, 72:1, 84:5,
84:6
home [1] - 72:10
honest [2] - 18:16,
76:8
honestly [1] - 58:11
hopefully [1] - 76:15
HSBC [14] - 1:3, 6:6,
9:10, 10:23, 11:1,
11:4, 11:10, 11:11,
11:12, 11:13, 14:25,
16:10, 73:16, 80:15
Hultman [1] - 52:18
I
ID [1] - 3:9
idea [4] - 21:17, 23:3,
58:7, 58:12
identical [1] - 77:13
identification [7] - 4:4,
4:8, 4:12, 4:16, 4:20,
7:11, 43:20
identified [7] - 7:21,
8:13, 19:11, 29:21,
32:19, 38:9, 61:10
identify [9] - 26:21,
27:6, 27:25, 28:7,
35:11, 38:7, 38:14,
44:14, 75:17
identifying [2] - 27:7,
37:5
identity [1] - 8:1
impossible [1] - 40:17
imprecisely [1] 39:22
imprecision [1] - 42:7
improper [1] - 84:14
inability [1] - 52:16
inappropriate [2] 22:18, 38:5
INC [4] - 1:23, 2:23,
52:22, 61:2
Inc [19] - 3:20, 4:19,
14:24, 17:3, 17:20,
18:5, 28:9, 44:1,
44:10, 45:7, 50:7,
50:14, 52:23, 60:6,
61:9, 61:18, 62:19,
65:5, 65:10
inc [1] - 16:24
included [2] - 58:14,
58:19
including [2] - 19:3,
49:1
incorporated [1] 56:22
incorporating [1] 35:6
incorrect [1] - 14:1
independent [2] -
70:5, 71:13
indicate [3] - 34:14,
36:7, 85:9
indicated [9] - 28:14,
30:2, 31:9, 31:17,
33:18, 43:12, 53:17,
72:18, 72:20
indicates [3] - 44:19,
62:16, 71:23
indicating) [4] - 8:22,
16:18, 43:21, 75:23
individuals [1] - 19:2
information [34] 24:12, 24:19, 24:21,
24:23, 24:25, 25:4,
25:5, 25:18, 26:8,
27:2, 31:8, 32:1,
32:7, 32:18, 32:20,
33:13, 33:16, 34:12,
34:18, 34:19, 34:20,
35:1, 39:13, 39:14,
41:22, 60:7, 60:8,
70:7, 71:20, 71:22,
72:19, 72:24, 81:12,
83:2
insert [1] - 57:22
instance [1] - 81:9
instant [1] - 85:1
instruct [3] - 37:7,
80:15, 85:4
instructed [4] - 80:11,
83:7, 84:1, 84:7
instructing [1] - 68:18
instruction [4] 13:13, 31:3, 31:5,
31:7
instrument [1] - 78:24
Interest [2] - 3:15,
3:17
interest [5] - 4:10,
4:14, 47:16, 48:22,
74:13
Interest-Only [2] 3:15, 3:17
interest-only [2] 4:10, 4:14
interested [1] - 86:17
interests [1] - 47:25
internal [4] - 35:17,
39:15, 68:7, 70:2
interpret [5] - 19:15,
47:9, 55:15, 55:16,
55:18
interpretation [2] 19:1, 36:25
interrupt [1] - 49:4
involve [1] - 5:11
involved [1] - 40:2
issue [5] - 13:2, 13:7,
13:14, 14:12, 84:16
itself [2] - 8:6, 59:23
J
January [2] - 50:8,
50:15
jdenbeaux@
denbeauxlaw.com
[1] - 2:12
JENEE [1] - 2:5
JERSEY [1] - 1:1
Jersey [6] - 1:18, 1:20,
2:6, 4:23, 86:7,
86:25
job [1] - 37:24
Joel [1] - 50:9
Joshua [1] - 5:1
JOSHUA [1] - 2:10
judgment [3] - 3:14,
4:7, 5:24
K
keep [1] - 79:7
KIM [2] - 1:14, 86:4
kind [1] - 31:8
Kinderkamack [1] 2:11
knowledge [2] 19:18, 20:13
knows [3] - 21:8,
68:20, 79:1
L
land [3] - 35:14, 35:21,
39:14
lands [1] - 73:22
language [5] - 38:11,
45:18, 46:18, 47:5,
62:5
large [1] - 43:24
last [4] - 49:24, 51:3,
54:7, 83:24
law [2] - 23:19, 59:5
lawyer [1] - 25:3
lawyer/client [1] 13:6
layman [1] - 25:2
lead [1] - 33:17
least [1] - 49:13
legal [1] - 18:23
Len [1] - 15:16
lender [1] - 81:9
Lenny [1] - 15:13
Leonard [5] - 3:11,
4:3, 8:20, 15:11,
15:14
letter [3] - 3:10, 4:2,
8:20
letters [2] - 22:11,
73:16
LEZARON [1] - 1:9
Lezaron [44] - 3:11,
4:2, 5:2, 6:7, 8:21,
11:5, 11:12, 15:20,
18:20, 18:25, 19:16,
19:20, 20:4, 20:14,
20:22, 22:15, 22:23,
23:23, 24:4, 24:13,
25:8, 25:9, 26:1,
27:19, 30:3, 30:12,
31:12, 32:9, 32:10,
33:18, 33:19, 34:14,
34:15, 35:22, 35:23,
36:8, 73:22, 81:18,
83:9
License [3] - 1:15,
86:4, 86:25
lien [30] - 18:24, 19:4,
19:16, 19:20, 19:22,
20:14, 20:21, 22:16,
22:23, 23:23, 24:4,
24:13, 25:8, 26:1,
27:19, 31:12, 32:9,
33:18, 34:15, 35:22,
35:23, 36:8, 45:13,
45:21, 46:1, 46:8,
46:13, 46:22, 62:12,
73:9
likely [1] - 13:2
limited [10] - 6:16,
19:4, 47:20, 47:23,
48:17, 49:1, 49:10,
56:3, 56:7, 74:7
line [2] - 78:9, 80:25
list [4] - 44:7, 44:15,
44:19, 73:6
litigation [11] - 5:5,
11:6, 18:8, 18:15,
18:19, 18:25, 52:6,
58:6, 76:23, 77:8,
83:15
live [1] - 34:7
LLC [21] - 1:19, 2:4,
4:22, 23:20, 23:22,
27:12, 28:5, 28:13,
28:25, 29:22, 30:25,
32:4, 33:10, 33:16,
34:13, 35:7, 50:3,
52:5, 53:15, 81:6,
81:7
loan [38] - 16:10,
18:24, 19:5, 19:17,
19:21, 19:22, 20:4,
20:14, 20:22, 22:15,
22:23, 22:24, 23:24,
24:14, 25:9, 26:1,
27:19, 30:4, 30:12,
32:10, 33:19, 34:15,
35:22, 36:8, 45:13,
6
45:21, 46:1, 46:9,
46:14, 46:22, 47:3,
47:17, 48:1, 48:2,
48:23, 48:24, 62:12,
73:9
Loan [4] - 28:8, 28:13,
29:6, 35:7
loans [8] - 53:10, 54:8,
55:2, 55:7, 55:9,
55:10, 55:19, 56:9
Loans [1] - 29:22
located [1] - 73:18
log [2] - 12:9, 38:3
look [1] - 77:3
looked [1] - 5:25
looking [3] - 44:3,
52:20, 63:15
M
main [2] - 6:10, 6:17
maintain [1] - 78:13
managing [2] - 23:21,
51:8
manifested [1] - 34:22
March [2] - 51:9, 52:1
mark [1] - 43:16
marked [10] - 3:14,
4:3, 4:7, 4:11, 4:15,
4:19, 8:19, 9:3,
43:19, 85:9
matter [3] - 1:13, 12:8,
13:20
matters [2] - 10:24,
11:2
mean [21] - 18:10,
21:17, 21:24, 23:3,
24:18, 24:20, 24:22,
31:4, 32:2, 44:23,
45:17, 47:8, 52:13,
52:15, 54:16, 54:21,
63:25, 71:9, 80:1,
83:20, 83:22
meaning [4] - 6:16,
47:9, 55:6, 59:23
meaningful [1] - 42:7
means [4] - 34:6, 50:1,
69:24, 80:3
meant [1] - 11:18
meet [1] - 85:8
member [31] - 15:14,
15:16, 23:21, 47:5,
47:7, 47:9, 47:16,
47:25, 48:12, 48:23,
49:1, 49:18, 53:12,
53:22, 54:10, 55:4,
55:8, 55:11, 55:21,
56:10, 56:21, 57:1,
57:3, 57:5, 57:11,
57:17, 57:19, 58:19,
60:7, 60:9, 60:12
membership [1] 56:22

mentions [1] - 17:21
merely [1] - 49:10
MERS [94] - 16:9,
17:1, 19:5, 19:17,
19:21, 20:5, 20:15,
20:22, 22:16, 22:24,
24:16, 25:9, 26:2,
27:20, 28:14, 29:9,
29:22, 29:23, 30:10,
31:9, 31:11, 31:18,
31:25, 32:4, 32:9,
32:19, 32:25, 33:6,
33:10, 33:15, 33:17,
34:13, 34:15, 34:24,
35:2, 35:5, 35:6,
35:20, 35:23, 36:3,
36:9, 39:16, 41:2,
41:10, 41:15, 42:12,
42:15, 42:16, 42:20,
42:21, 43:3, 44:22,
45:1, 45:13, 45:19,
45:21, 46:2, 46:9,
46:14, 46:22, 47:4,
47:17, 48:1, 48:2,
48:13, 48:24, 48:25,
49:16, 52:8, 53:11,
53:12, 54:9, 55:3,
55:4, 55:7, 55:11,
55:12, 55:19, 55:20,
56:9, 56:21, 58:25,
60:5, 60:8, 62:13,
63:3, 65:24, 73:5,
73:8, 73:10, 78:17,
79:4
MERSCORP [4] 49:17, 52:22, 59:3,
61:2
MICHAEL [3] - 1:6,
3:3, 86:9
Michael [3] - 50:8,
61:13, 61:16
middle [1] - 43:25
might [4] - 26:9,
26:25, 40:22, 67:4
mind [1] - 19:15
minute [3] - 16:16,
23:9, 41:24
minutes [2] - 39:12,
76:14
misread [1] - 77:25
misunderstand [1] 83:5
moment [4] - 11:18,
25:23, 65:25, 75:24
Monday [1] - 1:20
money [1] - 74:12
mortgage [115] - 4:18,
5:12, 7:16, 8:11,
14:22, 15:2, 15:8,

15:9, 16:8, 16:23,
18:20, 18:24, 19:5,
19:16, 19:20, 19:22,
20:3, 20:4, 20:14,
20:16, 20:22, 20:24,
22:15, 22:17, 22:23,
22:25, 23:23, 24:1,
24:7, 24:14, 24:17,
25:12, 26:4, 27:18,
28:15, 28:22, 30:3,
30:11, 32:12, 34:23,
36:7, 38:16, 41:4,
41:13, 41:19, 42:13,
42:18, 42:23, 43:4,
43:8, 43:11, 43:12,
43:13, 43:18, 43:25,
45:13, 45:21, 46:1,
46:9, 46:14, 46:22,
47:3, 47:17, 48:23,
50:6, 53:10, 54:8,
55:2, 55:6, 55:9,
55:10, 55:18, 56:8,
60:25, 62:2, 62:4,
62:6, 62:12, 62:18,
63:6, 64:6, 64:14,
64:20, 64:21, 64:22,
65:4, 65:12, 66:1,
66:13, 67:8, 67:13,
67:20, 69:17, 70:7,
70:9, 71:14, 71:24,
73:9, 73:21, 73:25,
74:2, 74:7, 74:16,
74:21, 74:22, 78:17,
79:3, 79:4, 79:14,
79:17, 79:20, 79:25,
80:6, 83:15, 84:2
Mortgage [97] - 1:4,
3:19, 3:21, 9:12,
11:15, 14:23, 14:24,
16:9, 17:2, 17:3,
17:19, 18:4, 19:6,
23:24, 24:5, 24:15,
25:10, 26:3, 27:20,
28:8, 30:13, 31:10,
32:11, 34:1, 34:16,
35:20, 35:24, 36:4,
36:9, 38:10, 38:14,
39:16, 41:2, 41:11,
41:17, 42:3, 42:6,
42:10, 44:10, 45:6,
45:15, 45:23, 46:3,
46:10, 46:16, 46:24,
47:10, 49:18, 50:4,
50:13, 52:22, 52:24,
53:23, 56:20, 57:2,
57:13, 57:23, 58:2,
60:5, 60:18, 61:9,
61:17, 62:14, 62:18,
62:19, 63:4, 63:7,
63:22, 64:1, 64:5,
64:7, 64:15, 64:16,

65:4, 65:6, 65:9,
65:11, 65:24, 66:19,
66:20, 67:5, 67:6,
67:11, 67:12, 70:9,
70:11, 71:25, 72:1,
73:3, 73:11, 78:3,
78:18, 78:19, 78:21,
79:5, 84:5, 84:6
mortgagee [1] - 15:8
motion [4] - 3:13, 4:6,
5:24, 84:16
Mountainside [3] 1:20, 2:6, 4:23
movant [1] - 49:3
move [2] - 49:11,
63:19
MR [199] - 4:25, 5:13,
5:15, 5:17, 5:19,
5:22, 6:3, 6:5, 8:3,
8:4, 8:5, 8:8, 8:24,
9:2, 9:4, 9:5, 9:24,
9:25, 10:1, 10:3,
11:24, 12:1, 12:3,
12:4, 12:6, 12:7,
12:12, 12:15, 12:20,
12:21, 12:24, 13:1,
13:8, 13:9, 13:11,
13:21, 13:25, 15:22,
15:24, 16:3, 16:4,
16:13, 17:7, 17:8,
17:9, 17:11, 17:13,
18:9, 19:24, 20:17,
20:25, 21:1, 21:3,
21:5, 21:8, 21:9,
21:10, 23:8, 23:11,
25:14, 26:6, 26:9,
26:15, 26:18, 27:22,
27:23, 28:20, 28:23,
29:1, 29:2, 29:3,
29:7, 29:24, 31:13,
32:14, 33:3, 33:20,
33:21, 33:23, 33:24,
34:2, 34:4, 34:5,
34:7, 35:13, 36:1,
36:11, 36:15, 36:18,
36:20, 37:12, 37:14,
37:15, 37:17, 37:19,
37:21, 37:23, 38:1,
38:17, 38:18, 38:20,
38:23, 39:2, 39:4,
39:6, 41:5, 41:20,
41:23, 42:14, 42:19,
42:24, 43:1, 43:14,
43:16, 46:5, 48:15,
55:14, 58:8, 59:10,
59:13, 59:17, 59:22,
60:3, 60:20, 61:20,
61:21, 63:8, 63:13,
63:15, 63:18, 64:9,
65:1, 66:22, 66:23,

66:24, 67:1, 68:4,
68:6, 68:7, 68:9,
68:13, 68:15, 68:20,
68:24, 68:25, 69:2,
70:13, 71:1, 71:3,
72:5, 72:8, 72:12,
75:11, 75:15, 76:6,
76:8, 76:10, 76:12,
76:13, 76:15, 76:17,
76:19, 76:21, 78:8,
78:11, 79:7, 79:13,
79:16, 80:14, 80:24,
81:2, 81:13, 81:16,
81:19, 81:22, 81:25,
82:1, 82:3, 82:5,
82:10, 82:11, 82:15,
82:19, 82:21, 82:24,
82:25, 83:4, 83:10,
83:12, 83:16, 83:18,
83:19, 83:21, 83:23,
84:3, 84:8, 84:12,
84:19, 84:25
MS [2] - 5:20, 5:25
must [1] - 77:25
N
NA [47] - 6:11, 6:25,
7:1, 17:4, 19:7,
23:25, 24:6, 24:15,
25:11, 26:3, 27:21,
30:14, 31:11, 32:11,
34:1, 34:17, 35:25,
36:10, 45:15, 45:23,
46:4, 46:11, 46:16,
46:24, 47:11, 49:19,
50:4, 52:24, 53:23,
56:20, 57:14, 57:24,
58:2, 60:19, 62:15,
64:2, 64:8, 64:17,
66:21, 67:7, 67:12,
70:11, 72:2, 78:3,
78:20, 78:22, 78:23
name [4] - 7:18, 7:20,
45:1, 61:5
names [1] - 25:24
naming [1] - 26:22
National [5] - 1:3,
9:10, 11:4, 11:13,
73:17
national [1] - 14:25
necessarily [2] 23:16, 55:12
necessary [5] - 21:12,
47:2, 47:15, 47:24,
48:22
need [8] - 20:20, 21:6,
23:8, 38:3, 49:9,
62:24, 76:14, 84:20
nefarious [2] - 39:25,
7
40:9
never [1] - 19:15
New [6] - 1:17, 1:20,
2:6, 4:23, 86:7,
86:25
NEW [1] - 1:1
next [3] - 49:12, 49:15,
78:20
nice [1] - 85:8
Nicholas [2] - 37:8,
50:10
NICHOLAS [111] - 2:4,
5:13, 5:17, 8:3, 8:5,
8:24, 9:4, 9:24, 10:1,
11:24, 12:3, 12:6,
12:12, 12:20, 12:24,
13:8, 13:11, 13:21,
15:22, 16:3, 17:7,
17:9, 17:13, 18:9,
19:24, 20:17, 20:25,
21:3, 21:8, 21:10,
26:6, 26:15, 27:22,
28:20, 29:1, 29:3,
29:7, 29:24, 31:13,
32:14, 33:3, 33:20,
33:23, 34:2, 34:5,
35:13, 36:1, 36:11,
36:15, 36:20, 37:12,
37:15, 37:19, 37:23,
38:17, 38:20, 39:2,
39:6, 41:5, 41:20,
42:14, 42:19, 42:24,
43:14, 46:5, 48:15,
55:14, 58:8, 59:13,
59:22, 60:20, 61:20,
63:8, 63:13, 63:18,
64:9, 66:22, 66:24,
68:4, 68:7, 68:13,
68:20, 68:25, 70:13,
71:1, 72:8, 75:11,
76:6, 76:10, 76:13,
76:17, 78:8, 79:7,
79:16, 80:14, 80:24,
81:13, 81:19, 81:25,
82:3, 82:10, 82:15,
82:21, 82:25, 83:10,
83:16, 83:19, 83:23,
84:3, 84:8, 84:19
nine [1] - 4:5
NJ [3] - 1:24, 2:11,
2:24
NO [2] - 1:2, 3:9
nominee [9] - 14:24,
16:9, 62:19, 63:3,
65:5, 65:10, 65:24,
78:17, 79:4
non [1] - 27:9
non-clients [1] - 27:9
none [2] - 7:12, 72:25
nonsensical [1] - 81:2
Notary [3] - 1:17, 86:7,

86:24
note [26] - 4:10, 4:14,
74:1, 74:5, 74:7,
74:11, 74:15, 74:25,
75:5, 75:8, 75:18,
75:19, 76:2, 76:23,
77:4, 77:6, 77:18,
78:19, 79:18, 79:19,
79:22, 79:24, 80:5,
80:9, 84:3
Note [2] - 3:16, 3:18
noted [1] - 85:11
notes [3] - 1:12,
35:12, 78:19
nothing [3] - 6:1, 6:2,
72:17
Notice [1] - 1:21
notice [1] - 79:9
number [7] - 6:2, 19:3,
35:9, 50:5, 69:24,
74:16, 75:6
O
obfuscational [1] 29:15
object [15] - 13:19,
26:6, 26:16, 28:20,
36:15, 38:17, 41:20,
41:21, 68:4, 72:8,
75:11, 78:8, 80:24,
82:1, 83:16
objected [2] - 13:23,
75:17
objecting [1] - 33:21
objection [63] - 8:3,
8:4, 9:24, 9:25,
11:24, 13:8, 14:10,
15:22, 16:7, 17:7,
17:8, 18:9, 19:24,
20:17, 20:25, 21:2,
21:10, 26:15, 26:18,
26:25, 27:3, 27:22,
29:1, 29:7, 29:24,
31:13, 32:14, 33:3,
33:20, 34:3, 35:13,
36:1, 38:19, 38:21,
38:24, 39:2, 39:4,
41:5, 42:14, 42:19,
43:14, 46:5, 48:15,
55:14, 58:8, 60:20,
61:20, 61:22, 63:8,
63:11, 63:16, 64:9,
66:22, 66:23, 70:13,
71:1, 71:6, 78:13,
79:8, 80:14, 81:1,
84:3, 84:8
objectionable [1] 82:9
objections [1] - 84:14
obligation [1] - 74:11

obligations [1] - 53:8
obtained [1] - 29:4
obviously [1] - 59:10
OF [2] - 1:1, 1:5
office [9] - 1:18, 9:8,
18:17, 50:22, 50:23,
69:12, 74:3, 76:25,
77:2
officers [1] - 50:8
Officers [1] - 50:14
once [1] - 78:21
one [28] - 8:24, 9:2,
9:7, 16:15, 16:23,
16:25, 28:4, 30:23,
43:18, 43:23, 49:15,
49:16, 49:17, 54:3,
54:4, 54:7, 55:25,
58:24, 59:24, 61:14,
73:16, 75:9, 77:9,
77:16, 78:19, 83:6,
83:24
opinion [1] - 71:8
opportunity [1] 16:19
options [1] - 6:21
ORAL [1] - 1:4
orally [1] - 25:6
order [3] - 35:11,
77:20, 78:2
original [3] - 5:22,
80:5, 80:9
otherwise [1] - 55:12
outset [1] - 5:9
outside [4] - 15:23,
16:2, 78:9, 79:9
own [2] - 35:16, 70:6
owner [6] - 31:11,
47:16, 47:25, 48:23,
79:19, 79:21
P
p.m [1] - 85:11
P.O [1] - 2:6
page [28] - 4:9, 4:13,
9:1, 16:24, 17:18,
18:18, 43:18, 43:23,
43:25, 44:14, 44:16,
44:19, 49:12, 49:15,
49:24, 49:25, 50:1,
50:2, 50:16, 51:6,
52:8, 52:20, 54:3,
58:24, 59:1, 62:10,
77:3
PAGE [1] - 3:2
pages [11] - 4:1, 4:5,
4:17, 16:25, 51:5,
52:4, 52:10, 52:11,
58:17, 58:20, 62:9
paper [4] - 22:1,

22:10, 22:20, 23:6
paragraph [32] 14:15, 14:17, 17:23,
48:19, 49:6, 53:6,
53:13, 54:4, 54:7,
55:25, 56:14, 56:15,
56:19, 56:24, 58:13,
58:18, 59:1, 59:8,
60:4, 60:11, 60:15,
73:15, 73:18, 73:19,
73:25, 74:2, 74:6,
74:9, 74:10, 74:13,
74:15, 74:20
paralegals [2] - 30:23,
66:5
parentheses [1] - 53:3
part [4] - 40:1, 40:2,
47:1, 52:12
particular [1] - 73:24
particularly [1] - 25:2
parties [3] - 53:8,
60:5, 86:14
partner [4] - 15:11,
15:13, 23:17, 51:8
party [1] - 81:4
pass [2] - 8:11, 15:2
Pass [3] - 1:5, 9:12,
11:16
pass-through [2] 8:11, 15:2
Pass-Through [3] 1:5, 9:12, 11:16
passed [2] - 32:7, 70:7
pay [2] - 77:20, 78:2
people [1] - 70:3
percent [1] - 70:23
perfectly [2] - 67:2,
70:24
perform [2] - 57:19,
58:1
performs [1] - 53:9
period [2] - 4:10, 4:14
Period [2] - 3:15, 3:17
person [4] - 31:7,
80:4, 80:8, 80:11
personal [1] - 20:13
personally [2] - 33:7,
33:15
petitioned [1] - 83:14
pg [1] - 3:21
pgs [5] - 3:10, 3:12,
3:16, 3:18, 3:20
phrase [4] - 54:11,
54:15, 54:20, 63:21
physical [2] - 80:4,
80:8
piece [2] - 22:10,
22:20
pieces [1] - 39:13
place [3] - 65:17, 66:4,

86:10
placed [1] - 77:18
places [1] - 74:16
plaintiff [20] - 8:1, 8:7,
8:12, 8:15, 8:16, 9:9,
9:17, 9:21, 9:22,
10:8, 10:12, 10:14,
10:17, 10:18, 10:21,
11:23, 15:3, 19:23,
20:4, 58:5
Plaintiff [1] - 1:7
Plaintiffs [1] - 2:8
point [6] - 14:3, 40:6,
40:25, 63:19, 78:11,
79:12
points [1] - 84:20
policies [22] - 66:3,
66:9, 66:11, 67:14,
67:17, 67:18, 68:7,
68:22, 69:5, 69:13,
69:18, 69:21, 70:4,
70:16, 70:19, 70:20,
71:5, 71:9, 71:15,
72:22, 72:23
portion [2] - 15:19,
63:5
pose [1] - 29:18
position [8] - 12:16,
18:6, 18:22, 23:12,
37:17, 61:24, 81:11,
82:11
positive [2] - 76:25,
77:1
possession [6] 74:25, 75:5, 75:18,
75:19, 80:5, 80:8
possessor [3] - 79:24,
80:2, 80:3
possible [1] - 56:16
possibly [1] - 76:16
potentially [1] - 82:16
power [7] - 45:11,
45:17, 45:25, 46:12,
47:20, 47:21, 48:17
powers [2] - 19:9,
45:8
precise [1] - 29:18
precisely [1] - 40:11
president [3] - 61:4,
77:22, 78:5
presidents [3] - 44:9,
45:6, 73:8
presumably [1] 70:16
previous [2] - 20:7,
81:1
previously [7] - 20:2,
31:17, 32:19, 38:9,
40:13, 72:17, 72:20
8
print [1] - 43:24
printed [1] - 22:1
privilege [28] - 12:9,
13:18, 13:20, 14:11,
26:14, 26:17, 27:4,
29:1, 29:2, 36:16,
36:25, 37:5, 37:11,
38:3, 38:18, 38:19,
38:20, 59:20, 82:9,
82:18, 82:20, 82:23,
83:1, 83:5, 84:14,
84:24, 85:1, 85:4
privileged [30] - 11:25,
12:2, 12:5, 12:19,
12:22, 13:7, 13:13,
14:3, 26:7, 26:19,
27:1, 36:23, 37:3,
37:16, 37:18, 37:22,
37:25, 41:21, 41:24,
59:12, 59:19, 68:5,
68:6, 68:8, 68:9,
68:12, 80:14, 81:18,
84:8, 84:10
problem [5] - 23:14,
24:9, 34:8, 52:2
problems [2] - 5:8,
76:9
procedures [23] 35:10, 35:17, 39:15,
48:8, 65:23, 66:4,
66:9, 66:11, 67:15,
67:17, 67:19, 68:8,
68:23, 69:5, 69:13,
69:19, 69:21, 70:4,
70:16, 70:20, 71:15,
72:22, 72:23
proceeding [3] 47:17, 48:1, 48:24
proceedings [2] 1:13, 48:17
processes [6] - 34:21,
35:4, 35:9, 35:17,
39:15, 65:23
produced [7] - 5:23,
18:17, 28:17, 50:22,
75:9, 76:24, 77:1
product [4] - 68:5,
68:11, 68:18, 71:22
Professional [2] 1:16, 86:5
proofs [1] - 49:2
proper [2] - 66:6
properly [11] - 10:16,
33:19, 33:22, 33:25,
34:6, 34:10, 40:15,
44:12, 49:21, 53:3,
57:20
property [2] - 47:3,
73:24
protect [3] - 47:15,
47:24, 48:22
protected [4] - 68:11,
82:17, 82:19, 83:1
proven [1] - 40:10
provided [4] - 18:13,
31:8, 60:7, 71:20
provision [1] - 62:11
Public [3] - 1:17, 86:7,
86:24
public [3] - 35:14,
35:21, 39:14
purported [1] - 62:22
purports [1] - 9:6
purpose [2] - 11:5,
53:6
purposes [3] - 13:24,
76:6, 84:19
pursuant [1] - 1:21
put [6] - 12:12, 12:24,
13:1, 52:3, 59:15,
84:20
putting [3] - 22:10,
40:5, 50:12
Q
quality [1] - 70:1
questioning [2] - 78:9,
80:25
questions [9] - 5:18,
76:3, 79:6, 79:12,
79:17, 82:22, 82:25,
84:22, 84:25
quite [1] - 10:14
quote [1] - 40:13
quotes [1] - 53:3
R
raise [2] - 38:20, 38:23
rate [2] - 4:10, 4:14
Rate [2] - 3:16, 3:18
rather [2] - 25:1, 49:6
re [1] - 13:5
re-think [1] - 13:5
read [29] - 14:20, 15:5,
25:14, 25:15, 36:11,
36:13, 38:22, 38:25,
42:24, 44:12, 48:5,
48:9, 48:10, 49:5,
49:7, 50:11, 53:3,
54:13, 55:5, 57:20,
57:23, 64:22, 64:24,
72:5, 72:6, 72:15,
73:14, 73:23, 78:22
reading [4] - 49:10,
61:5, 74:17, 74:19
reads [1] - 53:6
real [1] - 73:24
really [1] - 16:1
realm [1] - 82:22
Realtime [2] - 1:16,

86:6
reasons [1] - 70:22
received [1] - 52:4
recess [3] - 23:10,
56:18, 76:20
recited [2] - 9:18,
10:16
reciting [1] - 53:2
recollection [7] 20:21, 21:7, 21:12,
22:14, 22:22, 29:11,
65:21
record [24] - 9:18,
10:15, 11:17, 13:17,
13:22, 13:24, 14:21,
15:5, 16:13, 16:14,
18:13, 23:11, 36:20,
37:18, 39:20, 40:6,
49:6, 49:11, 50:12,
52:3, 53:4, 73:15,
84:20, 84:22
recorded [1] - 74:3
records [34] - 25:19,
25:25, 27:7, 27:17,
28:3, 28:6, 28:12,
29:20, 29:23, 31:18,
32:19, 32:25, 33:1,
33:5, 34:21, 35:4,
35:7, 35:14, 35:19,
35:22, 36:3, 38:2,
38:9, 38:15, 39:11,
39:14, 39:15, 41:1,
41:10, 41:16, 42:11,
42:16, 42:22, 43:3
recourse [2] - 77:21,
78:3
refer [1] - 40:12
reference [7] - 56:22,
58:13, 62:24, 63:21,
74:1, 74:20, 74:22
referenced [9] - 3:14,
9:17, 50:16, 54:4,
58:18, 59:1, 72:20,
74:5, 85:10
references [5] - 53:25,
59:23, 73:21, 73:25,
74:15
referencing [1] - 54:11
referred [3] - 7:17,
10:17, 59:8
referring [2] - 44:4,
60:1
reflects [1] - 51:10
refresh [7] - 20:20,
21:7, 21:12, 22:14,
22:22, 29:11, 65:21
refusing [1] - 13:14
regard [3] - 5:5, 11:22,
30:3
regarding [3] - 27:18,

48:1, 48:24
registered [56] - 19:5,
19:6, 19:17, 19:21,
20:4, 20:15, 20:22,
22:16, 22:24, 23:24,
24:4, 24:14, 25:9,
26:2, 27:19, 30:12,
31:11, 32:10, 33:19,
33:22, 33:25, 34:6,
34:11, 34:15, 35:23,
36:8, 45:13, 45:14,
45:21, 45:22, 46:2,
46:9, 46:10, 46:14,
46:15, 46:22, 46:23,
47:4, 47:5, 48:2,
48:25, 49:1, 53:11,
54:8, 55:3, 55:7,
55:9, 55:10, 55:12,
55:19, 56:9, 62:13,
62:14, 73:9, 73:10,
74:3
Registered [2] - 1:15,
86:5
Registration [16] 3:19, 14:23, 17:2,
17:20, 18:5, 28:9,
44:10, 45:7, 50:14,
52:23, 60:6, 61:9,
61:18, 62:18, 65:5,
65:10
registration [4] - 4:18,
16:23, 44:1, 50:7
relate [2] - 37:24, 56:8
related [5] - 42:5,
42:6, 55:6, 55:9,
86:13
relates [1] - 36:22
relating [4] - 53:10,
54:8, 55:2, 55:18
relationship [8] - 7:24,
8:9, 9:16, 13:7,
23:19, 26:12, 26:14,
27:5
relative [1] - 86:15
release [2] - 46:13,
46:21
relevant [4] - 18:7,
18:11, 18:18, 76:3
reliance [1] - 25:19
relied [23] - 25:25,
27:7, 27:17, 28:1,
28:3, 28:6, 28:18,
28:24, 29:20, 31:18,
31:25, 33:1, 33:2,
33:4, 33:5, 36:5,
38:8, 38:15, 39:13,
41:2, 41:11, 42:16,
42:21
religiously [1] - 70:3
rely [19] - 26:11, 29:5,

29:8, 29:23, 34:22,
35:10, 35:14, 35:16,
35:19, 39:10, 41:14,
41:17, 41:25, 42:9,
42:11, 42:15, 42:20,
43:2, 43:6
relying [2] - 35:8, 70:7
remaining [1] - 16:25
remember [1] - 67:24
repeat [11] - 10:5,
10:13, 10:17, 25:13,
26:23, 31:15, 32:17,
43:15, 64:11, 72:4,
72:14
rephrase [13] - 11:10,
20:12, 27:23, 28:2,
28:16, 30:24, 38:7,
38:13, 54:25, 56:4,
63:24, 70:18, 79:23
reported [1] - 32:9
Reporter [6] - 1:15,
1:16, 1:17, 86:5,
86:6
reporter [6] - 25:16,
36:14, 39:1, 64:25,
72:7, 72:16
REPORTERS [4] 1:23, 1:23, 2:23,
2:23
represent [12] - 5:2,
6:23, 9:21, 10:11,
10:23, 11:8, 11:12,
11:13, 18:12, 58:5,
77:4, 77:6
representation [1] 11:23
representing [2] - 8:6,
10:10
request [3] - 12:13,
12:24, 59:15
requested [2] - 13:22,
83:13
research [3] - 66:6,
70:5, 71:13
Resolution [1] - 3:20
resolution [23] - 4:19,
16:24, 17:19, 17:21,
18:1, 18:7, 18:22,
19:10, 44:2, 46:7,
51:1, 52:8, 53:10,
54:1, 54:4, 55:6,
55:9, 58:25, 59:4,
60:14, 61:25, 62:11,
73:5
resolutions [1] - 61:19
resolved [1] - 44:6
respects [1] - 6:18
respond [2] - 12:14,
12:25
9
response [1] - 18:14
responsible [1] - 60:6
rest [1] - 84:22
result [3] - 32:8,
34:13, 34:20
results [3] - 35:16,
39:14, 82:17
retainer [12] - 11:21,
12:2, 12:5, 12:8,
12:17, 12:18, 13:5,
14:2, 14:4, 14:5,
14:12, 58:4
revelation [1] - 59:20
review [4] - 8:19,
16:19, 75:24, 75:25
reviewed [2] - 9:6,
36:4
reviewing [2] - 34:13,
76:4
revoked [1] - 60:14
ridiculous [1] - 14:11
rights [3] - 19:3, 48:6,
53:8
Road [1] - 2:11
routinely [1] - 34:22
rules [5] - 12:11,
40:16, 40:19, 40:24
S
Sanchez [2] - 77:22,
78:4
saw [3] - 32:18, 32:21,
32:23
scope [3] - 5:7, 15:23,
78:10
scrolled [1] - 22:1
search [1] - 32:8
second [11] - 8:23,
8:24, 37:2, 46:12,
51:5, 52:10, 56:24,
60:4, 67:18, 74:9,
78:23
secretaries [3] - 44:9,
45:5, 73:8
secretary [1] - 61:10
section [2] - 54:7,
62:23
securing [1] - 47:3
Securities [9] - 1:4,
6:11, 6:17, 7:2, 7:25,
8:10, 9:11, 11:9,
80:19
securities [5] - 6:7,
11:19, 11:20, 15:1,
80:23
see [12] - 14:17, 16:22,
47:5, 49:19, 51:3,
54:1, 54:11, 56:23,
59:11, 60:15, 73:19,
74:13
seeing [1] - 38:4
seeking [1] - 84:21
seem [4] - 18:19,
24:25, 48:7, 49:9
self [1] - 29:14
self-defining [1] 29:14
send [2] - 9:2, 12:9
sense [2] - 37:15, 40:2
sent [3] - 22:1, 37:16,
37:22
sentence [3] - 15:7,
56:23, 60:4
separate [4] - 57:5,
57:18, 57:25, 59:23
series [2] - 8:12, 15:3
Series [5] - 1:5, 3:10,
3:12, 9:13, 11:16
served [1] - 15:20
Service [1] - 77:23
serviced [7] - 53:12,
54:10, 55:4, 55:8,
55:11, 55:20, 56:10
services [2] - 57:19,
58:1
Servicing [1] - 11:15
servicing [8] - 7:16,
9:19, 9:20, 9:22,
10:7, 10:11, 11:8,
11:18
set [4] - 40:18, 40:19,
55:25, 86:11
seven [1] - 60:11
several [2] - 34:21,
35:3
shakes [1] - 58:10
shall [2] - 60:13, 60:14
share [1] - 40:6
Sheffield [3] - 1:19,
2:5, 4:22
short [4] - 23:10,
56:16, 56:18, 76:20
SHORTHAND [2] 1:23, 2:23
show [3] - 8:18, 16:17,
75:21
showed [3] - 31:9,
35:23, 51:1
shown [14] - 19:6,
45:14, 45:22, 46:10,
46:15, 46:23, 47:4,
48:25, 53:11, 54:9,
55:3, 55:20, 62:13,
73:10
sic [1] - 11:15
sign [4] - 15:17, 18:3,
51:20, 70:17
signatory [1] - 61:2
signature [6] - 51:16,
51:17, 51:20, 51:22,

52:1, 61:6
signatures [1] - 49:15
signed [16] - 8:20,
15:11, 15:15, 51:7,
51:23, 54:14, 54:17,
56:21, 65:25, 69:16,
70:8, 73:1, 77:7,
77:22, 78:4, 79:20
signing [20] - 17:1,
49:13, 51:6, 51:11,
51:13, 51:14, 51:18,
52:10, 52:21, 53:7,
54:5, 54:14, 56:1,
56:3, 56:4, 56:7,
56:8, 59:9, 61:25,
73:2
simple [1] - 59:18
simply [3] - 7:10,
12:10, 12:21
single [4] - 52:12,
71:10, 73:22, 78:7
sit [1] - 60:1
solicit [1] - 83:2
someone [3] - 30:18,
31:23, 31:24
somewhat [1] - 5:6
sorry [2] - 42:24,
54:24
sort [3] - 5:7, 6:21,
49:14
source [2] - 25:5, 35:2
sources [1] - 39:13
speaking [2] - 14:17,
73:19
speaks [2] - 8:5, 59:22
specific [9] - 7:14,
19:25, 39:7, 48:6,
51:4, 55:1, 55:25,
63:16, 70:1
specifically [17] 7:12, 7:19, 14:20,
30:5, 30:6, 30:8,
32:15, 32:20, 36:2,
50:2, 51:14, 65:16,
68:1, 68:3, 68:16,
69:5, 69:7
specificity [1] - 7:6
specifics [2] - 38:11,
68:22
speculate [1] - 21:4
staff [4] - 66:5, 69:12,
70:15, 71:21
stamped [2] - 5:21,
75:22
stand [3] - 13:8,
26:15, 34:25
standard [3] - 40:16,
40:19, 40:24
standing [2] - 12:15,
84:9
stands [2] - 39:3,
72:13
start [4] - 26:10,
45:11, 52:21, 77:17
starting [2] - 35:12,
73:18
starts [1] - 74:10
State [3] - 1:17, 86:7,
86:25
states [3] - 45:3, 47:1,
62:17
stenographic [1] 1:12
steps [4] - 65:8, 65:13,
65:16, 65:22
still [8] - 22:2, 22:4,
27:10, 35:5, 60:19,
66:10, 66:15, 84:4
stop [1] - 76:15
straightforward [1] 25:1
Street [3] - 1:19, 2:5,
4:23
subsidiary [1] - 52:22
sufficient [1] - 12:10
suggests [1] - 20:9
Suite [3] - 1:19, 2:5,
4:23
summary [1] - 5:24
Summary [2] - 3:13,
4:7
SUPERIOR [1] - 1:1
support [4] - 3:13, 4:6,
25:7, 66:5
supposed [1] - 52:9
sworn [2] - 4:24,
86:10
system [2] - 31:11,
55:10
System [39] - 19:5,
19:17, 19:21, 20:5,
20:15, 20:23, 22:16,
22:24, 24:16, 25:9,
26:2, 27:20, 34:16,
35:24, 36:9, 45:14,
45:22, 46:2, 46:9,
46:14, 46:23, 47:4,
48:2, 48:25, 53:11,
53:12, 54:9, 55:3,
55:4, 55:7, 55:11,
55:13, 55:19, 55:20,
56:9, 60:9, 62:13,
73:10
systems [4] - 4:19,
16:24, 44:1, 50:7
Systems [16] - 3:20,
14:24, 17:2, 17:20,
18:5, 28:9, 44:10,
45:7, 50:14, 52:23,
60:6, 61:9, 61:18,

62:19, 65:5, 65:10
T
term [4] - 23:14,
23:15, 29:14, 40:22
terminate [1] - 60:13
termination [1] 60:11
terms [8] - 8:25, 14:5,
25:1, 29:18, 38:11,
53:2, 57:23, 76:2
testified [5] - 32:23,
33:9, 40:13, 59:25,
71:7
testifies [1] - 4:24
testify [3] - 28:21,
37:10, 39:12
testimony [16] - 7:10,
16:1, 39:8, 39:18,
39:19, 40:23, 41:7,
41:9, 42:23, 43:5,
63:11, 64:10, 65:19,
70:25, 71:2, 71:8
THE [1] - 1:4
therein [2] - 14:16,
74:11
thereon [1] - 74:12
thinking [2] - 27:10,
27:11
third [5] - 47:1, 51:5,
52:10, 55:15, 73:15
three [7] - 4:1, 16:25,
28:18, 29:21, 39:13,
53:2, 63:20
timing [1] - 76:7
title [2] - 43:24, 49:14
today [8] - 14:3, 51:1,
54:21, 67:20, 68:2,
68:16, 69:6, 70:21
together [1] - 74:10
took [1] - 65:8
top [1] - 81:6
total [1] - 6:18
totally [1] - 77:5
towards [1] - 36:17
transcript [3] - 1:12,
49:9, 86:8
treasurer [1] - 61:11
trickery [1] - 40:2
true [1] - 86:8
trustee [5] - 1:3, 6:6,
9:11, 11:14, 15:1
try [4] - 31:16, 41:23,
64:12, 65:2
trying [1] - 81:1
turn [1] - 22:14
twenty [1] - 4:1
Twenty [1] - 4:5
10
Twenty-nine [1] - 4:5
twenty-three [1] - 4:1
twice [1] - 78:21
two [20] - 6:21, 7:6,
16:22, 25:7, 42:4,
42:8, 51:6, 52:20,
56:14, 56:15, 56:19,
58:14, 58:19, 59:1,
59:8, 63:15, 77:10,
77:15, 78:18
typed [1] - 22:1
types [2] - 38:6, 38:8
U
unclear [1] - 15:7
under [5] - 12:10,
49:3, 59:16, 73:16,
85:3
understood [1] - 25:2
unless [2] - 27:4, 77:4
unrecorded [1] - 15:4
up [2] - 40:22, 76:18
UPON [1] - 1:4
upper [1] - 43:25
USA [12] - 1:3, 6:6,
9:10, 10:23, 11:1,
11:4, 11:11, 11:13,
14:25, 16:10, 73:17,
80:15
usual [1] - 65:13
V
validates [1] - 70:3
various [7] - 18:3,
25:19, 25:24, 27:6,
28:4, 29:21, 70:22
vendor [11] - 53:8,
53:13, 53:14, 53:18,
57:6, 57:12, 57:14,
57:18, 58:19, 60:8,
60:12
vendor's [1] - 56:8
verb [2] - 22:9, 36:5
vice [6] - 44:9, 45:6,
61:4, 73:8, 77:22,
78:5
Vickie [2] - 77:22, 78:4
view [1] - 40:6
virtue [2] - 10:10,
19:10
vs [2] - 6:7, 11:11
W
wait [3] - 37:2, 37:21,
67:18
waiting [1] - 84:4
warmer [1] - 22:4
ways [1] - 75:6
website [19] - 29:25,
30:1, 30:10, 30:15,

30:18, 31:2, 31:8,
31:9, 31:19, 31:25,
32:5, 32:9, 33:6,
33:10, 33:15, 33:18,
34:14, 34:24, 35:2
Weigel [1] - 73:18
welcome [3] - 12:12,
17:14, 68:21
Wells [151] - 1:4, 6:7,
6:9, 6:10, 6:11, 6:13,
6:15, 6:16, 6:17,
6:20, 6:22, 6:24,
6:25, 7:1, 7:2, 7:7,
7:10, 7:15, 7:16,
7:25, 8:10, 9:11,
9:17, 11:9, 11:14,
15:1, 17:3, 19:6,
19:7, 23:24, 23:25,
24:5, 24:14, 24:15,
25:10, 26:2, 26:3,
27:20, 27:21, 28:8,
28:13, 29:6, 29:22,
30:13, 31:10, 32:10,
32:11, 33:25, 34:1,
34:16, 34:17, 35:6,
35:20, 35:24, 35:25,
36:4, 36:9, 36:10,
37:8, 37:18, 37:22,
38:10, 38:14, 39:10,
39:16, 41:2, 41:11,
41:14, 41:16, 41:25,
42:2, 42:5, 42:6,
42:9, 45:14, 45:15,
45:22, 45:23, 46:2,
46:3, 46:10, 46:11,
46:15, 46:16, 46:23,
46:24, 47:10, 49:18,
50:3, 50:4, 52:23,
52:24, 53:22, 53:23,
56:19, 56:20, 57:1,
57:2, 57:12, 57:13,
57:23, 57:24, 58:1,
58:2, 59:5, 60:18,
60:19, 62:14, 62:15,
63:21, 63:22, 64:1,
64:2, 64:7, 64:16,
66:20, 66:21, 67:6,
67:7, 67:11, 67:12,
70:10, 70:11, 72:1,
72:9, 72:11, 77:21,
78:3, 78:20, 78:22,
78:23, 79:11, 79:13,
80:19, 80:23, 84:5,
84:6
WESTWOOD [2] 1:24, 2:24
Westwood [1] - 2:11
whatsoever [1] - 25:7
whichever [1] - 35:12
whole [1] - 78:9

William [1] - 52:18
willing [1] - 34:7
wish [1] - 35:11
withdraw [3] - 56:13,
61:23, 65:1
withdrawing [1] 36:18
WITNESS [1] - 3:2
witness [11] - 10:4,
16:17, 17:13, 36:21,
39:8, 58:10, 59:25,
78:10, 79:1, 79:8,
79:15
witness' [1] - 16:1
woman [1] - 73:22
word [5] - 21:25,
24:10, 25:4, 47:8,
52:16
words [5] - 7:6, 12:17,
27:8, 52:11, 63:20
writing [15] - 12:13,
12:25, 13:2, 21:22,
21:24, 21:25, 22:5,
22:6, 22:7, 22:9,
22:12, 24:25, 25:6,
40:21, 59:16
written [6] - 11:21,
12:16, 12:18, 14:8,
14:12, 66:3
X
XIO1042 [3] - 1:15,
86:4, 86:25
Z
ZGA [8] - 28:25, 29:22,
30:25, 32:4, 33:10,
33:16, 34:13, 35:7
Zucker [45] - 3:11, 4:3,
4:22, 8:21, 15:11,
15:14, 17:4, 17:22,
18:1, 18:23, 19:2,
19:9, 23:13, 23:20,
27:12, 28:4, 28:12,
31:24, 44:8, 45:4,
45:9, 46:8, 46:21,
47:22, 48:20, 49:16,
50:2, 51:7, 52:5,
52:25, 53:15, 53:21,
57:6, 57:14, 57:25,
60:17, 73:7, 80:12,
80:16, 81:5, 81:7,
82:6, 82:12, 83:7,
83:14
ZUCKER [2] - 1:18,
2:4

The Deposition of Michael Ackerman, Esq. of The NJ Law Firm Zucker, Ackerman, and Goldberg

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The Deposition of Michael Ackerman, Esq. of The NJ Law Firm Zucker, Ackerman, and Goldberg

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1

SUPERIOR COURT OF NEW JERSEY

HSBC Bank USA, National

HILDE B. LEZARON; et al,

the proceedings in the above entitled matter, as

taken by and before KIM O. FURBACHER, a Certified

Court Reporter, License No. XIO1042, Registered

Professional Reporter, Certified Realtime Court

Reporter and Notary Public of the State of New

Jersey, held at the office of ZUCKER, GOLDBERG &

ACKERMAN, LLC, 200 Sheffield Street, Suite 301,

Mountainside, New Jersey, on Monday, August 8, 2011,

commencing at 11:27 a.m., pursuant to Notice.

BARRY A. FOND SHORTHAND REPORTERS, INC.

ZUCKER, GOLDBERG & ACKERMAN, LLC

DENBEAUX & DENBEAUX, ESQS.

BARRY A. FOND SHORTHAND REPORTERS, INC.

Series of documents, 23 pgs.,

Series of documents, 29 pgs.,

Interest-Only Period Adjustable

Interest-Only Period Adjustable

Mortgage Electronic Registration

Assignment of Mortgage, 1 pg.,

M. Ackerman - direct - Denbeaux

(Twenty-three pages of documents, cover

document letter dated 4/5/2010 to Hilde B. Lezaron

from Leonard B. Zucker is marked as exhibit D-1 for

(Twenty-nine pages of documents, cover

document entitled "Affidavits in Support of Motion

for Summary Judgment," Docket No. F-178-10 is marked

as exhibit D-2 for identification.)

(Four page document entitled

"Interest-Only Period Adjustable Rate Note" dated

7/27/2007 is marked as exhibit D-3 for

(Four page document entitled

"Interest-Only Period Adjustable Rate Note," dated

7/27/2007 is marked as exhibit D-4 for

(Four pages of documents, cover

document entitled "Mortgage Electronic Registration

Systems, Inc., Corporate Resolution" is marked as

exhibit D-5 for identification.)

Zucker, Goldberg & Ackerman, LLC, 200 Sheffield

Street, Suite 301, Mountainside, New Jersey 07092,

having been duly sworn, testifies as follows:

DIRECT EXAMINATION BY MR. DENBEAUX:

M. Ackerman - direct - Denbeaux

Mr. Ackerman, I'm Joshua Denbeaux.

represent Hilde Lezaron in this case, as I'm sure you

We're here to take the deposition of

you with regard to this litigation.

make sure that we all are in somewhat agreement as to

the scope of the deposition, so we can sort of figure

out where our problems are going to be, if we're

going to have any, at the outset.

Do we agree that the deposition is

going to involve Mr. Ackerman's execution of the

Yes, I think we can

Well, it's going to

depend on the questions.

And the basis for

was it Bate stamped or anything like that?

It's just the original

assignment that you produced with the first discovery

and with the first motion for summary judgment.