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a, IN THE CIRClJ1T COURT OF THE ELEVENTH JUDICIALCIRCUIT IN AJ."lD FOR MIAMI-DADE COUNTY, FLORIDA

2 GENERAL JURISDICTION DIVISION

3 CASE NO. 1-2008-CA-055313

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HSBC BANK USA, NA AS TRUSTEE5 FOR NOMURA ASSET ACCEPTANCE

CORPORATION, MORTGAGE6 PASS-THROUGH CERTIFICATES

SERIES 2006-ARI,7

Plaintiff,8

vs.9

ORLANDO ESLAVA; THE UNKNOWN1 0 SPOUSE OF ORLANDO ESLAVA f/k/a

PATRICIA DIAZ; GFI MORTGAGE1 1 BANKERS, INC., ELDORADO TOWERS

CONDOMINIUM ASSOCIATION, INC.,1 2

Defendants.1 3

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CERTIFIEDTRANSCRIPT

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Miami-Dade County Courthouse73 West Flagler StreetMiami, Florida

Thursday, 8:50 a.m, - 9:10 a.m,May 6, 2010

22 This cause carne on for hearing before the

23 Honorable Jennifer Bailey, Circuit Court Judge, in

24 Chambers, pursuant to notice.

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Veritext Florida Reporting Co.800-726-7007 305-376-8800


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1 APPEARANCES2

Fo r th e Plaintiff3

WILLIAM WARD HUFFMAN, Ill, ESQ.4 Florida Default Law Group

Suite 3005 9119 Corporate Lake Drive

Tampa, Florida 336346 813-342-22007 Fo r the Defendant8 SHELEEN G. KHAN, ESQ.

Sheleen G. Khan, P.A.9 SuiteT-3

13499 Biscayne Boulevard10 Miami, Florida 33181

305-454-912611

F or the Florida Default Law Group:12

SUZANNE HILL, ESQ.13 Rumberger, Kirk & Caldwell, P.A.

Suite 300014 80 Southwest 8th Street

Miami, Florida 3313015 305358-557716171819202122232425

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hold because the lender was engaged in lossmitigation with the borrower. '

Th e hold status remained throughout thecase, and as we got closer to the sale date,the firm attempted to have the sale canceled.

1 believe that there was initial ly a motionfiled by defense counsel to have the salecanceled, the hearing was held and that wasdenied.

TH E COURT: Which was, i f ! recallcorrectly, opposed -- right?

MS. KHAN: Yes, your Honor.TH E COURT: -- at the h ea ring. I mean ,

what this truly, fundamentally is about isabout the level of disorganization and theneedless consumption of judicial resources.

Because truthfully, if they're going towork it out , I don 't want to work it out, I

don't want to sell the property at aforeclosure sale. I want people to s tay intheir houses if they ca n stay in their houses.

But the problem is tha t at the same time,banks and lenders ar e prevailing over the courtsystem in the delays in the court system on'foreclosures.

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I have -- you know, I have a hearingbecause they want to cancel the sale becauseit's in loss mitigation, which the bankactively opposes, and I rule in favor of thebank. So now at least ten minutes, in allcandor, of judicial time has been consumed.

It doesn't sound like much, but there are60,000 foreclosures filed last year. Everysingle one of them -- which almost every singleone of them does -- represents a situationwhere the bank's position is constantlyshifting and changing because they don't knowwhat the Sam Hill is going on in their files.Then we have a problem. That's A.

B, the more fundamental problem on thatis I don't care if the file is on hold or not.

That does not authorize a plaintiff to ignore acourt order.

MS. HILL I agree.THE COURT: The court order was post the

bond. So you post the bond and you get yourmoney back And I'm sorry you have to post thebond, but the reason why you're posting a bondis because you lost the note. Why did you losethe note? Because you're operating at the same

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Default Law Group. as well as the plaintiff,the finn apologizes to this Court for thefailure to follow this Court's orders.

What happened in this C3.--;C is right aftersummary judgment was entered, the finn received 24notification from the lender to put the case on

THEREUPON --MS. HILL: My name is Suzanne Hill. I'm

with Rumberger, Kirk & Caldwell.We are here today on an order to show

cause that was entered against the plaintiffinthis matter.

THE COURT: Okay.MS. HILL: And also with me is Bill

Huffman. He's with Florida Default Law Groupand the attorney representing the plaintiff.

THE COURT: Do you have a copy of theorder to show cause?

MS. HILL: I do. It's in my notebook.If you don't mind, I can give you that.

THE COURT: That's fine.Okay. The question is why the bond

wasn't posted.MS. HILL: Yes, your Honor. First ofall, on behalf of Mr. Huffman and Florida

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hearing --THE COURT: Let mejust be clear. I'm

not going to sanction Mr. Huffman.Mr. Huffman, you know, he's just doing what thee-mails tell him to do. I know that.

At some level there is responsibility onthe part of the lawyer as an officer of thiscourt to make sure that notwithstandingwhatever kind o f sloppy operation the plaintiffis running, that court orders are compliedwith,

And Mr. Huffinan, at the end of the day,this trust is going to be over and at the endof the day some day this foreclosure crisis isgoing to be over. And you need to decide whatkind of lawyer you're going to he. Because atthe end of the day, you're responsible for yourclient's compliance with court orders,

And saying, oh, well, my client told methis, is not a defensible position because youswore an oath to follow the Rules of CivilProcedure and to followthe rule oflaw. Andat the end of the day whenthey bury you, thewords "HSBCBank USA, NA as Trustee for NomuraAsset Acceptance Corporation. Mortgage

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level of chaos and disorganization that causedyou to oppose the motion to cancel the salewhen you're in loss mitigation hold.

I'm not yelling at you because you'rejust the messenger.

MS. HILL: I understand.THE COURT: But I understand the

s ituation and in over a year and a half oftrying to work with firms and saying you folkshave got to get this together if we're going toget through this, to have a court order justsimply blown of f with the response, well, wefiled. a loss mit igat ion hold is not acompelling response.

MS. HILL: In all candor, your Honor, andI understand and I agree and I do understandthe frustration, Mr. Huffman was concernedabout moving the case forward.

THECOURT: And so then you know what you 19do? You file -- if you have a problem with thecourt order and you get inconsistent directionsfrom your client, you file a motion forextension of t ime to file the bond, you corneforth and say to the Court the case is in lossmit hold, can we postpone the filing of the

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Pass-through Certificates Series 2006-ARI willprobably appear nowhere in your obituary.

So, you know, the bottom line -- and I'mnot g iv in g you a le cture t ha t I am notroutinely delivering to foreclosure lawyers atthis point in my career, which is, all lawyershave is your reputat ions. We don't makewidgets , we don't bui lt clocks, we don't buildcars. We have nothing but the pleadings wefile an d sign ou r name to to evidence thequality and integrity of who we are.

And when yo u ge t a court order that sayspost a bond -- and you're being required topost a bond for a very log ical reason. It's atrust. !tIS going to expire by its terms.It's not the Bank of America, I don't know if

it's going to be there in si x years. An dJ(,Sl the note an d you're required to

indemnify the defendant and therefore you haveto pos t a bond.

When that order is simply ignored an dfurther motions for clarification with theCourt are not sought, you know, yes, do Iunderstand completely that this is the clientnot knowing the left hand from the right hand,

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bond? Can we give up the sale da te so that Ica n give it to somebody else who really needsto sell a p iece of property on the courthousesteps? Instead o f just ignoring a court order,because that's what happened here.

MS. HILL: I don't d isagree that it cou ldhave been handled much better. I do agree tothat.

THE COURT: I appreciate your diplomaticresponse, bu t is there an y reason wh y the Cour tshould not issue sanctions in this case? Imean, the court order was simply, based on what 12you're telling me, ignored because the clienttook the file in loss mit hold.

MS. HILL: Well, it was not compl iedwith. that is correct, your Honor. An d it wa s

because i t was on hold,And 1'Ar. H . U n J 1 1 ~ 1 n believed thJt i f

the case was still on hol d, he had no objectionto having the case dismissed.

As far as opposition at that hearing,Mr. Huffman believed he conveyed instructionsto the local counsel that the case was on holdan d there was no opposi tion,

I can't speak to what was said at that

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THE COURT: What's your name'? :.MR. IDJFFMAN: Bill Huffman. 2THE COURT: What was the loss mitigation 3

status on March 4, 20 IO? 4MR. HUFFMAN: It was on hold for -- 5

THE COURT: Tell me what was going on. 6How much had the defendant paid in? Had the 7defendant made any HAMP payments? Was the 8defendant formally enro lled in a RAMP program? 9Was the defendant in a RAMP trial period for 10Hfu\1P? 11

MR. H1JFFMAN: I knew the defendant was in 12a trial period for RAMP. 13

THE COURT: When was the defendant put 14into a trial period for HAMP? 15

MR. H1JFFMAN: My file went on hold 16November 6 of 2009, so I knew they had been in 17the trial period since that time. I didn't 18

know the exact date. 1 9THE COURT: December w h a t ? _ 20MR. HlJFFMAN: It was November 6, I 21

believe, 2009. 22THE COURT: What was the date of the 23

final judgment? December 9,2009. 24MR. IDJFFMAN: The hearing was, I believe, 25

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November 5 and the judgment was signed 1December 9. 2

THE COURT: So you have a final judgment 3hearing on November 5 and the file went on hold 4November 6? 5

MR. HUFFMAN: Correct. 6THE COURT: When was the file RAMP 7

approved? 8MR. IDJFFMAN: It hasn't been fully 9

approved at this time. 10THE COURT: When was the file RAMP 11

approved for trial modification? 12.MR.HUFFMAN: From my knowledge, it was 13

November 6. 14THE COURT: But I'm not asking you about I 5

your knowledge. I 'm asking about your client's 16

know-ledge. Because you Ire here to testify on 117behalf of your client

MR. HUFFMAN: Okay. , I 3

THE COURT: So on behal f of HSBC Bank jl 2 0USA, NA as Trustee for Nomura Asset Acceptanc 21

Corporation, Mort.gage Pass-through Certificates L . ~2.Series 2006-ARl. when was Mr. Eslava's -- start 23with this, when was Mr. Eslava's HAMP f 24documentation accepted? 12S

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MR. HUFFMAN: I don 't have -- I didn'tsee the doc to see when he actually signed th epreliminary mods. I don't know the exact date.I just know that I was notified on November 6to place my file on hold.

THE C01JRT: Mr. Huffman, respectfully,can't answer the questions I have because -I 'm going to sanction the bank. I'm not goingto sanct ion Mr. Huffman. I could because Ithink Mr. Hoffman's conduct was contemptuous 0a court order. But I'm also keenly aware thata contempt finding from a judge hasramifications throughout the rest of a lawyer'scareer, and I'm really trying to avoid that.

What I 'm trying to give is, for lawyersthat handle these cases, a wake-up call to sa y Ithis is your life, this is your careeron thehook and you guys bet ter wake up and smell the

coffee.But he cannot answerthe questions for me

to tell me the nature of the contempt.Why wasn' t a bond posted in this case

pursuant to the court order?MR. HUFFMAN: When I saw the order from

March 4, I kind of read it --

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THE C01JRT: Why wasn' t the order -- thebondwas ordered posted-- when did I order thebond? March 4. Okay.

Why wasn' ta bond posted by April 4?MR. IDJFFMAN: When I saw the language, I

thought it had two options, either post thebond by April 4 or have the case dismissed.Because our f ile was still on hold April 4, Ijust chose to allow the case to be dismissed.

Instead of posting the bond, I thoughtthat was an option I had. I thought it wouldhe in the hest interest of all parties. Ididn' t want to incur any more fees for thedefendant in this case by moving the caseforward.

THE COURT: Okay. Then as a sanct ion,

the Coun will follow the path chosen byMr Huffman. I \vir! dismiss the cast. I wil!dismiss the case with prejudice.

The note, which was canceled by thisCourt pursuant to a final judgment is null andvoid. Mr. Eslava is relieved of the debt.

The title shall be conveyed back toMr. Eslava by the bank -- by the trust, as thelegaI liability for the note no longer exists.



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The basis for this sanct ion is thecontemptuous noncompliance with the Court'sorder to post the bond.

Should, however, any claim ever bepursued against Mr. Eslava on the note which

was the subject of this case, since the notewas lost, HSBC Bank USA, NA, as Trustee forNomura Asset Acceptance Corporation, MortgagePass-through Certificates Series 2006-AR! shalljointly and liablely (sic) with Florida DefaultLaw Group, PL, and any successor law firm, beresponsible to hold harmless and indemnifyMr. Eslava from any liability should theoriginal appear in the context of another case.

MS. HILL: Your Honor, if I may justbriefly respond?

I believe under the case law that inorder to award sanct ions , there has to be a

finding of willfulness and ba d faith on thepart of ML Huffman.

THE COURT< No ; this is 0 " behalf.,,!'-HSBC. I'm finding willfulness because -- I 'mnot making Mr. Huffman responsible for the$207,238.72. I'm saying HSBC has been offeredan opportunity to come and testify to this

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I would respectfully submit that canceling theunderlying indebtedness would not seem to fitthe failure of Florida Default in this case onbehalf of the bank in complying with the order.Florida Default is more than willing to stand

before you and apologize.THE COURT: No. No. No. This is waybeyond -- you know, look, I don't wantapologies. I want performance. I wantresponsible attorneys who meet the basicstandards of knowing what the Sam Hill is goingon in their files.

I want acknowledgment that says, look, weunderstand that the court system is facing amassive number of foreclosures and we are notgoing to contribute to that burden by causinguseless work by the Court.

Which is really what I just got told.

What I got told is, Judge, the guy was alreadyapproved for RAMP by November 6, so the hearingonNevember 5, you really didn't need to-do'=that.

Because for every hearing that I do onthese cases.,the reason why I get this packetis I check service on every defendant, I look

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decisions on a file. And that's really wherewe're at.

MS. HILL: Respectfully, I understand,your Honor.

In this case, Florida Default Law Groupis taking responsibility for its actions. And

Court about why all this confusion erupted.They have given me Mr. Huffinan. Mr. Huffman,respectfully l can't answer very many of myquestions in detail because all he-knows isthat the file was pu t on hold. Irwasputonhold the day after a final judgment was enteredat the behest of th e bank.

Now, I would like to know why the bankcame in here o ne d ay to get a final judgmentand the next day to put a file on hold. Butthat's really a sideshow. Really the bigquestion is why didn't they comply with theorder of March 9? Wh y did they simply ignoreit?

And that answer is we put the file onhold. That's a contemptuous answer. A bank

does not have the authori ty or a trust does no thave the authority to ignore a court order

at the note, I make sure there's anendorsement The fastest I can do one of theseis about seven minutes. Th e slowest I can doi t i f it's ou t of order, if it's disorganized,

i f t l rer r r th ings missing, which may well bethe case in this case because the hearing wasNovember 5 and the order wasn't entered untilDecember, which means that there may have beenmissing items, it can take as much as15 minutes or a half an hour. So the bankwasted my time on that.

They wasted my t ime -- and I don't careabout my time because I'm paid th e enormouslyhigh sum of$144,000 to be here every day.

Bu t the second waste of time was thenthey come in and oppose the defendant's motion

to cancel the sale. And we had a hearing andwe talked about that. And I would imagine thattook somewhere between 11 (0 1 nur tures .depending on how it went.

And then they come in and walk in amotion to cancel the sale.

That's three useless, completely idioticevents. And i f Florida Default wants to makeHSBC whole in this, then that's between them

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HEARINGCERTIFICATE

3 I ~ STACEY STOKES, Registered Merit Reporter,

4 Registered Diplomate Reporter, certify that I was

5 authorized and did stenographically report the

6 foregoing proceedings and that this transcript is a

7 true record of the proceedings before the Court.

8 I further certify that I am not a relative,

9 employee, attorney, or counsel for any of the parties

10 nor a m I a relative or employee of any of the

11 parties' attorney or counsel connectedwiththe

12 action, nor am I financially interested in the

13 action.

14 Dated this 7th day of May 2010.

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STACEY S KES, RDRRegistered Diplomate Reporter



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