IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL …homeownerslegalrights.com/wp-content/uploads/2015/10/Transcript-of... · case no. 59-2011-ca-004389 division 14-k plaintiff’s

LIEBLER, GONZALEZ & PORTUONDO Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT

IN AND FOR SEMINOLE COUNTY, FLORIDA

BANK OF AMERICA, N.A., SUCESSOR

BY MERGER TO BAC HOME LOANS

SERVING, LP FKA COUNTRYWIDE

HOME LOANS SERVICING, LP,

Plaintiff,

v.

LINDA A NASH et al.,

Defendants.

________________________________/

CASE NO. 59-2011-CA-004389

Division 14-K

PLAINTIFF’S NOTICE OF FILING TRIAL TRANSCRIPT

Plaintiff, BANK OF AMERICA, N.A., SUCESSOR BY MERGER TO BAC HOME

LOANS SERVING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, through its

undersigned counsel, hereby files the following transcript:

1. Transcript of Trial Proceedings before Judge Robert Pleus taken on September 15,

2014.

LIEBLER, GONZALEZ & PORTUONDO Counsel for Appellee, Bank of America, N.A.

Courthouse Tower - 25th

Floor

44 West Flagler Street

Miami, FL 33130

(305) 379-0400

Primary: [email protected]

By: /s/ Christine M. Manzo

CHRISTINE M. MANZO

Florida Bar No. 052121

[email protected]

Filing # 20201838 Electronically Filed 11/04/2014 06:03:10 PM

mailto:[email protected]


CASE NO. 59-2011-CA-004389

Division 14-K

2

LIEBLER, GONZALEZ & PORTUONDO

Courthouse Tower - 25th Floor, 44 West Flagler Street, Miami, FL 33130 (305) 379-0400

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 4, 2014, I electronically filed the foregoing with

the Clerk of Courts by using the Florida Courts E-filing Portal which will send a notice of

electronic filing to all counsel on the Service List below.

/s/ Christine M. Manzo

CHRISTINE M. MANZO

Florida Bar No. 052121

[email protected]

Service List:

John G. Pierce, Esq.

Pierce and Associates

800 North Ferncreek Avenue

Orlando, FL 32803

Primary: [email protected]

Attorney for Defendant Linda A. Nash.



�1� � � � � � � � � � � � �IN THE CIRCUIT COURT, EIGHTEENTH� � � � � � � � � � � � � �JUDICIAL CIRCUIT, IN AND FOR�2� � � � � � � � � � � � �SEMINOLE COUNTY, FLORIDA

�3� � � � � � � � � � � � �CASE NO.: 2011-CA-4389

�4� �BANK OF AMERICA, NA,

�5� � � � Plaintiff,

�6� �vs.

�7� �LINDA A. NASH, et al.,

�8� � � � Defendants.

�9� � �* * * * * * * * * * * * * * * * * * * * * * * * * * * *10

11� �HEARING BEFORE:� � � � THE HONORABLE ROBERT PLEUS

12� �DATE TAKEN:� � � � � � Monday, September 15, 2014

13� �TIME:� � � � � � � � � 10:53 a.m. - 11:59 a.m.

14� �PLACE:� � � � � � � � �Seminole County Courthouse� � � � � � � � � � � � � � 301 North Park Avenue15� � � � � � � � � � � � � Sanford, Florida� 32771

16� �REPORTED BY:� � � � � �SARA GITTINS, FPR� � � � � � � � � � � � � � Court Reporter and Notary Public17

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BANK vs. LINDA A. NASH�HEARING

Orange Legal800-275-7991

BANK vs. LINDA A. NASH�HEARING 1


�1� �A P P E A R A N C E S:

�2� �DOMINIQUE YOUNG, ESQUIRE

�3� �OF:� Butler & Hosch, P.A.� � � � � 3185 South Conway Road�4� � � � Suite E� � � � � Orlando, Florida� 32812�5� � � � [email protected]

�6� � � � � � � APPEARING ON BEHALF OF THE PLAINTIFF

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�8� �JOHN PIERCE, ESQUIRE

�9� �OF:� Pierce and Associates, P.L.� � � � � 800 North Ferncreek Avenue10� � � � Orlando, Florida� 32803� � � � � [email protected]� � � � � � � �APPEARING ON BEHALF OF THE DEFENDANT12

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�1� � � � � � � � � � � � � �I N D E X

�2� �TESTIMONY OF CHAD ANDERSON:

�3� � � � Direct Examination by Ms. Young� � � � � � � �6

�4� � � � Voir Dire by Mr. Pierce� � � � � � � � � � � 17

�5� � � � Cross-Examination by Mr. Pierce� � � � � � � 38

�6� �CERTIFICATE OF REPORTER� � � � � � � � � � � � � �60

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�8� � � � � � � � � � � � E X H I B I T S� � � � � � (All exhibits retained by the court clerk.)�9

10� �PLAINTIFF'S

11� �No. 1 Note� � � � � � � � � � � � � � � � � � � � 37

12� �No. 2 Mortgage� � � � � � � � � � � � � � � � � � 37

13� �No. 3 Notice of intent to accelerate� � � � � � � 37

14� �No. 4 Payment history� � � � � � � � � � � � � � �37

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�1� � � � � � � � P R O C E E D I N G S

�2� � � �THE COURT:� What I would like you to do, if

�3� �you've got evidence you intend to introduce, which is

�4� �the note and mortgage, payment records, or whatever,

�5� �please go ahead and label those as Plaintiff's 1, 2,

�6� �3 in sequence like that so we can -- for

�7� �identification purposes only, so that we can discuss

�8� �them more intelligently and that will be on the

�9� �record showing which document we're talking about. I

10� �have problems with lawyers referring to documents

11� �and -- without identifying what they are.

12� � � �Before we begin, let's introduce ourselves to the

13� �court reporter, please, and tell us your name and who

14� �you represent.� We will start with the plaintiff.

15� � � �MS. YOUNG:� My name is Dominique Young.� My name

16� �is spelled, D-o-m-i-n-i-q-u-e, last name is spelled,

17� �Y-o-u-n-g, and I'm counsel for the plaintiff.

18� � � �THE COURT:� You are, sir?

19� � � �MR. ANDERSON:� Chad Anderson, C-h-a-d,

20� �A-n-d-e-r-s-o-n, representative for the plaintiff.

21� � � �THE COURT:� Mr. Pierce?

22� � � �MR. PIERCE:� John Pierce representing the

23� �defendant Linda Nash, and, Your Honor, do you want my

24� �exhibits also in the same manner as you just

25� �described?

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�1� � � �THE COURT:� Yeah.� Marked Defendant's 1, 2, 3,

�2� �and so forth, just for identification purposes only.

�3� � � �MR. PIERCE:� Yes, sir.

�4� � � �THE COURT:� Okay.

�5� � � �MR. PIERCE:� And this is Ms. Nash, Your Honor.

�6� � � �THE COURT:� Ms. Nash and the other lady with you

�7� �is --

�8� � � �MR. PIERCE:� The other lady is my paralegal, Your

�9� �Honor.� That's Tracy Haddaway.

10� � � �THE COURT:� Thank you.� Again, these documents

11� �are only for identification purposes only at this

12� �time, and sometimes they're introduced, sometimes

13� �they're are not.

14� � � �Are both sides ready to proceed?

15� � � �MS. YOUNG:� Your Honor, plaintiff's counsel is

16� �ready to proceed.

17� � � �MR. PIERCE:� Yes, Your Honor.� Defense is ready

18� �to proceed.

19� � � �THE COURT:� All right.� If the plaintiff plans to

20� �call a witness, let's have that witness please take

21� �the witness stand and be sworn.

22� � � �THE CLERK:� Do you solemnly swear or affirm that

23� �the testimony you are about to give will be the

24� �truth, the whole truth, and nothing but the truth so

25� �help you God?

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�1� � � � � � THE WITNESS:� I do.

�2� � � � � � THE COURT:� State your name for the record,

�3� � � � please.

�4� � � � � � THE WITNESS:� Chad Anderson.

�5� � � � � � THE COURT:� Is that, C-h-a-d?

�6� � � � � � THE WITNESS:� That's correct.

�7� � � � � � THE COURT:� Now, counsel for the plaintiff may

�8� � � � proceed.

�9� � � � � � MS. YOUNG:� Thank you, Your Honor.

10� � � � � � THE COURT:� You don't need to make an opening

11� � � � statement.� Just go ahead with your witness.

12� � � � � � MS. YOUNG:� Yes, Your Honor.� The originals were

13� � � � filed with the Court on February 9, 2012, Your Honor.

14� � � � That's the only note and the original mortgage.

15� � � � � � THE COURT:� Okay.

16� � � � � � � � � � � � CHAD ANDERSON,

17� �having been first duly sworn, testified under oath as

18� �follows:

19� � � � � � � � � � � DIRECT EXAMINATION

20� �BY MS. YOUNG:

21� � � � Q.� Please state your name for the record.

22� � � � A.� Chad Anderson.

23� � � � Q.� And who is your current employer?

24� � � � A.� Bank of America.

25� � � � Q.� What is your title?

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�1� � � � A.� Mortgage resolution associate.

�2� � � � Q.� What are your job responsibilities?

�3� � � � A.� I maintain a caseload of loans that are in

�4� �default, and I'm also authorized to testify on behalf of

�5� �Bank of America.

�6� � � � Q.� Are you required to use the document

�7� �recordkeeping system used by Bank of America?

�8� � � � A.� Yes, I am.

�9� � � � Q.� In your duties with Bank of America are you

10� �familiar with the loan that's the subject of this

11� �foreclosure action?

12� � � � A.� Yes.� I've reviewed the bank's business records

13� �related to the -- the subject loan.

14� � � � Q.� Can you please explain to me how Bank of America

15� �is related to this loan?

16� � � � A.� Bank of America is the loan servicer.

17� � � � Q.� What documents have you reviewed in preparation

18� �for trial today?

19� � � � A.� I reviewed the note, mortgage, notice of intent

20� �to accelerate letter sent to the borrower, the payment

21� �history, and other business servicing records related to

22� �this loan.

23� � � � Q.� Are those the type of documents Bank of America

24� �keeps in the course of its regularly conducted business

25� �activities?

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�1� � � � A.� Yes, it is.

�2� � � � Q.� Is it the regular practice of Bank of America to

�3� �make or keep such records?

�4� � � � A.� It is, yes.

�5� � � � Q.� Are those records made at or near the time of the

�6� �event by a person with knowledge?

�7� � � � A.� Yes.

�8� � � � � � MS. YOUNG:� Your Honor, may I approach the

�9� � � � witness.

10� � � � � � THE COURT:� You may.


12� � � � Q.� I'm showing you a document that's marked as

13� �Plaintiff's Exhibit No. A.� Do you recognize that

14� �document?

15� � � � A.� Yes, I do.

16� � � � Q.� Have you seen that document before trial day?

17� � � � A.� I have.

18� � � � � � THE COURT:� Plaintiff's 1 is that what you gave

19� � � � him?

20� � � � � � MS. YOUNG:� Yes, Your Honor.� It's marked as A,

21� � � � but it will be Plaintiff's 1.

22� � � � � � THE COURT:� Okay.� Mr. Pierce's are A, B, C, I

23� � � � think, probably --

24� � � � � � MS. YOUNG:� Okay.� So Plaintiff's --

25� � � � � � THE COURT:� Well, I don't care as long as you

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�1� � � � keep them straight.

�2� � � � � � MR. PIERCE:� Do you have copies, Counsel?

�3� � � � � � THE COURT:� Is there any issue as to whether or

�4� � � � not it's a true copy of the one that's in the court

�5� � � � file?

�6� � � � � � MR. PIERCE:� I'm not sure what this document is,

�7� � � � Your Honor.

�8� � � � � � THE COURT:� The promissory note, isn't it?

�9� � � � � � THE WITNESS:� Yes.

10� � � � � � MS. YOUNG:� Yes.� I have not gotten there.

11� � � � � � MR. PIERCE:� Okay.

12� � � � � � THE COURT:� Are you representing to the Court

13� � � � that is the -- a copy of the original that is

14� � � � recorded in the court file?

15� � � � � � MS. YOUNG:� Yes, Your Honor.


17� � � � Q.� Will you please identify that document for the

18� �Court?

19� � � � A.� It is a copy of the only note for the subject

20� �property.

21� � � � Q.� Is that note signed by anyone?

22� � � � A.� It is signed by Linda A. Nash on page 2 of 2.

23� � � � � � MS. YOUNG:� Your Honor, at this time I would like

24� � � � like to offer into evidence Plaintiff's Exhibit A as

25� � � � Evidence 1.

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�1� � � � � � THE COURT:� Any objection to that, Mr. Pierce?

�2� � � � � � MR. PIERCE:� No, Your Honor.

�3� � � � � � THE COURT:� Okay.� It will be received in

�4� � � � evidence as Plaintiff's 1, promissory note.� Let's go

�5� � � � on.� Next.

�6� � � � � � MS. YOUNG:� Your Honor, may I approach the

�7� � � � witness again.

�8� � � � � � THE COURT:� You may.� Give that to the clerk when

�9� � � � you get it --


11� � � � � � MR. PIERCE:� Your Honor, is there a stapler

12� � � � available that we could -- I could use to staple

13� � � � these together?

14� � � � � � THE WITNESS:� Anyone got a stapler over there at

15� � � � the clerk's desk?

16� � � � � � THE CLERK:� Yes, Your Honor.

17� � � � � � THE COURT:� Give that to Mr. Pierce.

18� � � � � � MR. PIERCE:� May I approach.


20� � � � � � MR. PIERCE:� Thank you.

21� � � � � � THE CLERK:� You're welcome.

22� � � � � � THE COURT:� Keep going.



25� � � � Q.� Have you seen that document before trial today?

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�1� � � � A.� I have.

�2� � � � Q.� Do you recognize that document?

�3� � � � A.� Yes.

�4� � � � Q.� Can you please tell the Court what that document

�5� �is?

�6� � � � A.� It's a copy of the recorded mortgage for the

�7� �subject property executed by Linda A. Nash on page 11 of

�8� �11 of the mortgage, and it's also recorded in the Seminole

�9� �County book 05772, pages 1081 through 1095.

10� � � � Q.� Is that the same Linda Nash that's the defendant

11� �in this action?

12� � � � A.� I'm sorry?

13� � � � Q.� Is that the same Linda Nash that's the defendant

14� �in this action today?

15� � � � A.� Yes.

16� � � � � � MS. YOUNG:� Your Honor --

17� � � � � � THE COURT:� Any issue on this, Mr. Pierce?

18� � � � � � MR. PIERCE:� Your Honor, I have issues with all

19� � � � of the -- with both of these --

20� � � � � � THE COURT:� Well, I mean, as far as the -- you

21� � � � can have an issue with the language in it --

22� � � � � � MR. PIERCE:� The content.

23� � � � � � THE COURT:� -- and those kinds of things --

24� � � � � � MR. PIERCE:� Yes, sir.

25� � � � � � THE COURT:� -- but as far as an issue with the

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�1� � � � fact that it's a true copy of the --

�2� � � � � � MR. PIERCE:� No, Your Honor.� I have no issue

�3� � � � with that.

�4� � � � � � THE COURT:� All right.

�5� � � � � � MS. YOUNG:� Your Honor, I'd like to offer into

�6� � � � evidence Plaintiff's Exhibit B, which is --

�7� � � � � � THE COURT:� I'll reserve ruling on whether it's

�8� � � � going to be received into evidence until Mr. Pierce

�9� � � � has an opportunity to cross-examine or voir dire --

10� � � � � � MS. YOUNG:� Yes, Your Honor.� Yes, Your Honor.

11� � � � � � THE COURT:� Go ahead on to the next one.

12� � � � � � MS. YOUNG:� May I approach again, Your Honor.

13� � � � � � THE COURT:� You may.� At the conclusion of his

14� � � � voir dire, I'm going to rule on it so --



17� � � � Q.� Have you seen that document before?

18� � � � A.� Yes, I have.

19� � � � � � THE COURT:� Tell us what it is.

20� � � � � � THE WITNESS:� It's a copy of the notice of intent

21� � � � to accelerate letter dated December 31, 2010 sent to

22� � � � the borrower, Ms. Nash as --

23� � � � � � THE COURT:� Is that what you call a breach

24� � � � letter?

25� � � � � � THE WITNESS:� It's typically called a breach

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�1� � � � letter.� It's labeled notice of intent to accelerate.

�2� � � � � � THE COURT:� Okay.

�3� �BY MS. YOUNG:

�4� � � � Q.� Is that a true and correct copy of the notice of

�5� �intent to accelerate sent to the defendant?

�6� � � � A.� Yes.

�7� � � � Q.� Is that the type of document Bank of America

�8� �commonly keeps as a record in its course of its regularly

�9� �conducted business as previously discussed?

10� � � � A.� Yes, it is.

11� � � � Q.� Okay.� Does the -- the notice of intent to

12� �accelerate sent to the defendant, what is the default that

13� �is stated in the default -- in the notice of intent to

14� �accelerate?

15� � � � A.� It notifies them that the default has been --

16� � � � � � THE COURT:� Counsel, I can read it.� Don't --

17� � � � don't ask the witness to read something to me or tell

18� � � � me something that's on a document I can read myself.


20� � � � � � THE COURT:� It takes too much time.

21� � � � � � MS. YOUNG:� Yes, Your Honor.� We would like to

22� � � � offer into evidence Plaintiff's Exhibit No. C.

23� � � � � � THE COURT:� Mr. Pierce, I'm assuming you're going

24� � � � to object and I'll reserve objections -- or reserve

25� � � � ruling on --

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�1� � � � � � MR. PIERCE:� Yes, Your Honor.

�2� � � � � � THE COURT:� -- the objections.

�3� � � � � � MR. PIERCE:� Yes, Your Honor.

�4� � � � � � MS. YOUNG:� Okay.� Your Honor, last time I would

�5� � � � request to approach the witness.

�6� � � � � � THE COURT:� You may.


�8� � � � Q.� Do you recognize that document?

�9� � � � A.� I do.� It's a copy of the payment history for the

10� �subject loan, which is an accounting of all payments

11� �received and escrow the bank paid out for the benefit of

12� �the property from commencement through today's date.

13� � � � Q.� Is that the type of document that Bank of America

14� �commonly keeps as a record in the course of its regularly

15� �conducted business as previously discussed?

16� � � � A.� Yes.� It is standard business practice.

17� � � � � � MS. YOUNG:� Your Honor, I would like to offer

18� � � � into evidence Plaintiff's Exhibit D.

19� � � � � � THE COURT:� Okay.� Mr. Pierce, I assume you're

20� � � � objecting, and I'll reserve --

21� � � � � � MR. PIERCE:� Same, Your Honor, as the --

22� � � � � � THE COURT:� Pardon?

23� � � � � � MR. PIERCE:� -- as to the others.


25� � � � Q.� Were the defendants obliged to make a payment

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�1� �according to the note and the mortgage?

�2� � � � A.� Yes.

�3� � � � Q.� And by the -- what is the current status of the

�4� �loan?

�5� � � � A.� The loan is currently in default and due for

�6� �November of 2010 payment.

�7� � � � Q.� Okay.� As of today's date, have the defendants

�8� �cured the default?

�9� � � � A.� No.

10� � � � Q.� Have you had a chance to review the adjustment

11� �figures?

12� � � � � � MR. PIERCE:� What, Counsel?


14� � � � Q.� Have you reviewed the judgment figures in regards

15� �to what is the final amount due and owing by the

16� �defendant?

17� � � � A.� I have.

18� � � � Q.� And in your review of those numbers, what is the

19� �principal balance now due on the note?

20� � � � A.� $32,528.77.

21� � � � Q.� How much interest is due?

22� � � � A.� $8,362.50.

23� � � � Q.� What is the total amount now due and owing by the

24� �defendant?

25� � � � A.� There is also taxes that the bank has paid.

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�1� � � � Q.� What are the taxes that the bank has paid?

�2� � � � A.� $2,346.59.

�3� � � � Q.� Are there any other charges accumulated on this

�4� �account?

�5� � � � A.� There are other fees the bank has paid out.� I'm

�6� �not -- not sure if all of them are recoverable --

�7� � � � � � THE COURT:� Let me short cut this.� The record --

�8� � � � looking at that payment record, are all of the

�9� � � � entries shown thereon accurate as far as you can

10� � � � verify?

11� � � � � � THE WITNESS:� On the payment history?

12� � � � � � THE COURT:� Yeah.� Are there any that you

13� � � � question or think they're improper or inappropriate?

14� � � � � � THE WITNESS:� No.

15� � � � � � THE COURT:� Okay.


17� � � � Q.� What's the total amount now due and owing by the

18� �defendant?

19� � � � A.� The total that -- according to the bank's

20� �judgment figures is $53,561.86.

21� � � � � � MS. YOUNG:� Your Honor, no further questions for

22� � � � this witness, Your Honor.

23� � � � � � THE COURT:� Okay.� Mr. Pierce, I have down here

24� � � � in my notes that you've got three documents that

25� � � � you've objected to, and you're entitled to voir dire

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�1� � � � the witness on -- the mortgage, the default letter,

�2� � � � and the payment history.

�3� � � � � � MR. PIERCE:� The note also, Judge.

�4� � � � � � THE COURT:� And the note, yes.

�5� � � � � � MR. PIERCE:� So that's -- that's all four.

�6� � � � � � THE COURT:� So you may voir dire this witness on

�7� � � � those if you would like to.

�8� � � � � � MR. PIERCE:� Thank you, Your Honor.

�9� � � � � � THE COURT:� Including the testimony as far as

10� � � � she's concerned.

11� � � � � � � � � � � � � �VOIR DIRE

12� �BY MR. PIERCE:

13� � � � Q.� Mr. Anderson, the note is made payable to who,

14� �please?

15� � � � A.� I don't have the note in front of me right now.

16� �The original lender was America's Wholesale Lender, if I

17� �could review the -- the Exhibit A.

18� � � � Q.� I'm sorry?

19� � � � A.� I don't have Exhibit A in front of me, if I could

20� �review it.

21� � � � � � The note lists a P.O. Box address for payments

22� �under the note.� The -- the original loan servicer for

23� �this was Countrywide Home Loan Servicing, LP.

24� � � � Q.� Who is the note payable to, sir?

25� � � � A.� As I stated, the original loan servicer was

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�1� �Countrywide Home Loan Servicing, LP, and it notates the

�2� �P.O. Box that payments were to be sent to under the note.

�3� � � � Q.� Excuse me, sir.� Who does this say the lender is?

�4� � � � A.� I previously stated as well that the original

�5� �lender was America's Wholesale Lender.

�6� � � � Q.� And the mortgage, who is recited as being the

�7� �lender in the mortgage?

�8� � � � A.� The lender under the mortgage is America's

�9� �Wholesale Lender.

10� � � � Q.� And what does this say as to who America's

11� �Wholesale Lender is and what it is?

12� � � � A.� You're asking me to recite paragraph D?

13� � � � Q.� Sir, I am asking do -- do you have knowledge of

14� �who the mortgage was given to and what capacity that

15� �entity was?

16� � � � A.� I don't understand.

17� � � � � � THE COURT:� Are they the original lender of

18� � � � the -- lender of the loan?

19� � � � � � THE WITNESS:� America's Wholesale Lender was the

20� � � � original lender.

21� � � � � � THE COURT:� All right.� That's the answer to his

22� � � � question, isn't it?


24� � � � Q.� Counsel -- or, sir, does this mortgage recite

25� �that the lender is a corporation under the law of the

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�1� �State of New York?

�2� � � � � � MS. YOUNG:� Objection, Your Honor.� Relevance.

�3� � � � � � THE COURT:� Well, I don't know whether it's

�4� � � � relevant or not.� Go ahead and -- if he knows the

�5� � � � answer to the question.

�6� � � � � � THE WITNESS:� It states that on page 1.

�7� �BY MR. PIERCE:

�8� � � � Q.� So the lender, America's Wholesale Lender is

�9� �recited in the mortgage as being a -- a corporation under

10� �the laws of the State of New York; is that correct?

11� � � � A.� That's what it states, yes.

12� � � � Q.� Is that who the lender was in this case?

13� � � � A.� Yes.

14� � � � Q.� Okay.

15� � � � � � THE COURT:� The original lender you're talking?

16� � � � � � MR. PIERCE:� Yes, sir.� The original lender.

17� � � � � � THE COURT:� And who was that again?

18� � � � � � THE WITNESS:� America's Wholesale Lender.

19� � � � � � MR. PIERCE:� A New York corporation, Your Honor,

20� � � � is what is recited in the mortgage.

21� � � � � � THE COURT:� Okay.


23� � � � Q.� Now, were the note and mortgage executed and

24� �delivered to the lender at the same time?

25� � � � A.� To the original lender?

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�1� � � � Q.� Yes.

�2� � � � A.� I was not present at the closing.� I couldn't

�3� �answer that.

�4� � � � � � THE COURT:� Well, what do your records show?

�5� � � � � � THE WITNESS:� The loan servicer received the

�6� � � � documents at the same time.� I was under the

�7� � � � impression that the question was regarding

�8� � � � origination.


10� � � � Q.� Where do these documents say anything about a

11� �loan servicer?

12� � � � A.� In regards to payment, it's referencing

13� �paragraph 3 of the note.� Payments are referenced in --

14� � � � Q.� Sir, you're looking at the mortgage, not the

15� �note.

16� � � � A.� Well, you asked me in these documents, so I'm

17� �giving you --

18� � � � Q.� Okay.� But you're looking at the mortgage, and

19� �you're telling me what is referenced in the note; is that

20� �what you mean is what's referenced in the note?

21� � � � A.� I referenced the note because it's on page 1 of

22� �the note and then I was looking at the mortgage.

23� � � � Q.� And what are you saying about paragraph 3, sir?

24� � � � A.� Paragraph 3 is titled payments related to the

25� �payments due under the note and mortgage.

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�1� � � � Q.� Where does that say that anybody is the servicer?

�2� � � � � � THE COURT:� Mr. Pierce, can you help me by giving

�3� � � � me a little bit of direction on where you're going

�4� � � � with this?� I'm -- I'm struggling a little bit with

�5� � � � the relevance of it --

�6� � � � � � MR. PIERCE:� Yes, sir.� The -- the relevance is

�7� � � � that this was a nonexistent corporation.� There was

�8� � � � no such --

�9� � � � � � MS. YOUNG:� Objection, Your Honor.� He is --

10� � � � � � THE COURT:� Well, let him finish his statement.

11� � � � I now realize not that I'm not going to accept his

12� � � � testimony that it is a nonexistent corporation unless

13� � � � that is established to my satisfaction by somebody,

14� � � � but go ahead.

15� � � � � � MR. PIERCE:� I will submit to the Court the

16� � � � evidence that it was a nonexistent corporation, yes,

17� � � � Your Honor.

18� � � � � � THE COURT:� I will accept your word for it for

19� � � � the time being, but go ahead --

20� � � � � � MR. PIERCE:� Yes, sir.

21� � � � � � THE COURT:� -- finish your comment.

22� � � � � � MR. PIERCE:� Yes, sir.


24� � � � Q.� My -- my position, sir, is that America's

25� �Wholesale Lender, do you know that that corporation was

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�1� �formed in New York in the year 2005 when this loan was

�2� �done?

�3� � � � � � MS. YOUNG:� Objection, Your Honor.� That was not

�4� � � � within the --

�5� � � � � � THE COURT:� He can ask it on the voir dire of the

�6� � � � witness.� He can ask it.� It doesn't have to be

�7� � � � within the scope.

�8� � � � � � THE WITNESS:� I don't know for sure.


10� � � � Q.� Do you have any evidence that it was formed in

11� �2005?

12� � � � � � MS. YOUNG:� Objection, Your Honor --

13� � � � � � THE COURT:� Overruled.

14� � � � � � THE WITNESS:� I do not.


16� � � � Q.� Do you have any evidence that America's Wholesale

17� �Lender was ever formed as a corporation by Countrywide or

18� �by Bank of America?

19� � � � A.� What's formed by Countrywide -- it was a business

20� �entity or a business name under Countrywide.� I'm not sure

21� �I understand the question completely.

22� � � � Q.� Do you understand the difference between a

23� �corporation and a doing business as, the name?

24� � � � A.� I understand that.

25� � � � � � THE COURT:� Can I ask him a question?

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�1� � � �MR. PIERCE:� Yes, sir, of course.

�2� � � �THE COURT:� Can you, based upon your review of

�3� �these records that you testified that you're familiar

�4� �with, and based on your review of them, can you

�5� �recite to me who held this mortgage at the time it

�6� �was signed by Ms. Nash to the present time?� Can you

�7� �tell me that?

�8� � � �THE WITNESS:� Yes.� The original lender was

�9� �America's Wholesale Lender, and it came to

10� �Countrywide Home Loan Servicing, LP on --

11� � � �THE COURT:� All right.� And when did it come to

12� �them?

13� � � �THE WITNESS:� 5/27/05, two days after --

14� � � �THE COURT:� And how did it come to them?

15� � � �THE WITNESS:� How did it come to them?

16� � � �THE COURT:� Yeah.� Was it -- the note endorsed or

17� �it was --

18� � � �THE WITNESS:� It was -- well, it was -- it was

19� �originated by America's Wholesale Lender, which was

20� �a --

21� � � �THE COURT:� I understand that.� Keep going. I

22� �want to know --

23� � � �THE WITNESS:� The entity Countywide --

24� � � �THE COURT:� -- who it went to next.� Countrywide.

25� � � �THE WITNESS:� -- Home Loan Servicing, LP --

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�1� � � �THE COURT:� How did it get to Countrywide?

�2� � � �THE WITNESS:� It was sent to their servicing --

�3� � � �THE COURT:� Was it assigned to them, or was it

�4� �just -- how did it get to them?� I mean, obviously it

�5� �was mailed to them or delivered to them or whatever,

�6� �but what's the legal basis for getting it to them?

�7� � � �THE WITNESS:� It was eventually endorsed in

�8� �blank.

�9� � � �THE COURT:� By whom?

10� � � �THE WITNESS:� By -- if I may refer to the note,

11� �so I have the exact endorser.

12� � � �THE COURT:� Yeah.

13� � � �THE WITNESS:� Countrywide Home Loan, Inc., a New

14� �York corporation doing business as America's

15� �Wholesale Lender.

16� � � �THE COURT:� They endorsed it in blank?

17� � � �THE WITNESS:� Yes.

18� � � �THE COURT:� But they were not the original

19� �borrowers -- or the original payee on the note, were

20� �they?

21� � � �THE WITNESS:� Doing business as America's

22� �Wholesale Lender.� So they were --

23� � � �THE COURT:� That's not Countrywide.

24� � � �THE WITNESS:� It was --

25� � � �THE COURT:� How did they get from the originator

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�1� � � � of the mortgage note to Countrywide?

�2� � � � � � THE WITNESS:� Well, America's Wholesale Lender

�3� � � � was an operating entity of Countrywide Home Loans,

�4� � � � Inc.

�5� � � � � � THE COURT:� An operating entity?

�6� � � � � � THE WITNESS:� It was a business name, if you

�7� � � � will.

�8� � � � � � THE COURT:� Okay.� And you say that Countrywide

�9� � � � then endorsed the note in blank?

10� � � � � � THE WITNESS:� Yes.

11� � � � � � THE COURT:� And where did it go from Countrywide?

12� � � � � � THE WITNESS:� It's been maintained by -- Bank of

13� � � � America acquired Countrywide in 2008.� So it's been

14� � � � serviced by Countrywide Home Loan Servicing, LP from

15� � � � commencement until April 27, '09 when the name

16� � � � changed to BAC Home Loan Servicing, LP, and in July

17� � � � of 2011, BAC Home Loan Servicing, LP merged into Bank

18� � � � of America, N.A.� So it's --

19� � � � � � THE COURT:� It -- go ahead.

20� � � � � � THE WITNESS:� So it's always been serviced by --

21� � � � through mergers and acquisitions, Bank of America.

22� � � � � � THE COURT:� Mr. Pierce, go ahead and finish voir

23� � � � dire.


25� � � � Q.� Do you have any evidence of the formation of the

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�1� �corporation America's Wholesale Lender, Inc., a New York

�2� �corporation?

�3� � � � A.� I do not.

�4� � � � � � THE COURT:� Where do they -- are they on the --

�5� � � � � � MR. PIERCE:� They are who the mortgage is payable

�6� � � � to, Your Honor.

�7� � � � � � THE COURT:� All right.� I'm with you.

�8� � � � � � MS. YOUNG:� I believe, if defense counsel is

�9� � � � complete --

10� � � � � � THE COURT:� Do you have any other questions on

11� � � � voir dire?

12� � � � � � MR. PIERCE:� Yes, sir, I do.

13� � � � � � THE COURT:� Let him finish his voir dire and then

14� � � � I'll give you a chance to talk --



17� � � � Q.� Now, you said that this note and mortgage were

18� �sent to Countrywide; is that correct?

19� � � � A.� Countrywide Home Loan Servicing, LP, yes.

20� � � � Q.� How did they transfer it to Countrywide -- how

21� �did America's Wholesale Lender transfer it to Countrywide?

22� � � � A.� Again, America's Wholesale Lender was a business

23� �name of Countrywide.� So there was no transfer.

24� � � � Q.� Sir, America's Wholesale Lender, Inc. is a New

25� �York corporation you've testified?

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�1� � � � A.� I don't believe that I testified that.

�2� � � � Q.� You didn't?� Is that not what the mortgage says?

�3� � � � A.� You had -- you had me read the mortgage.

�4� � � � Q.� Yes, sir.

�5� � � � A.� The original lender I never stated was America's

�6� �Wholesale Lender, Inc.� It's America's Wholesale Lender.

�7� � � � Q.� Look at the first page of the mortgage, sir.

�8� � � � � � MR. PIERCE:� Now, I can get a copy to the Court.

�9� � � � � � THE COURT:� Yeah.� I would like to see that.

10� � � � � � MR. PIERCE:� Your Honor, I'm going to submit this

11� � � � morning a memorandum of law when we're through, and

12� � � � attached to that memorandum of law is a copy of the

13� � � � note and mortgage.

14� � � � � � MS. YOUNG:� Your Honor, I haven't seen a copy of

15� � � � the memorandum of law --

16� � � � � � MR. PIERCE:� I'll -- I'll give you copy in a --

17� � � � � � THE COURT:� Let's not get bogged down with that

18� � � � right now.� It's something I can read at the end of

19� � � � the trial.

20� � � � � � MR. PIERCE:� Yes, Your Honor.� I wanted --

21� � � � � � THE COURT:� Let's go ahead and continue to voir

22� � � � dire --

23� � � � � � MR. PIERCE:� You to have access to the -- to the

24� � � � note and mortgage, which are attached.

25� � � � � � THE COURT:� I just like to have them in front of

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�1� �me when you're asking these questions --

�2� � � �MR. PIERCE:� Yes, sir.� Yes, sir, of course.

�3� � � �THE COURT:� -- so I can relate to what you're

�4� �saying.

�5� � � �MR. PIERCE:� Here is the mortgage --

�6� � � �MS. YOUNG:� Your Honor, plaintiff's counsel

�7� �objects to the memorandum of law.� We weren't given

�8� �the opportunity to review this memorandum of law and

�9� �submit a response before the defense counsel

10� �submitted it to the Court today.

11� � � �MR. PIERCE:� I'm not submitting that the --

12� � � �THE COURT:� All I'm looking at is a copy of the

13� �mortgage, and I can see right here that it's got --

14� �don't worry about this right now.

15� � � �MR. PIERCE:� All right, sir.

16� � � �THE COURT:� America's Wholesale Lender you're

17� �saying is really Countrywide?

18� � � �THE WITNESS:� It was a business name of

19� �Countrywide, yes.

20� � � �THE COURT:� A business name of Countrywide.� Was

21� �it a entity or -- do you know if it was a legal

22� �entity or just a name that they used?

23� � � �THE WITNESS:� I believe it was a name they used.

24� � � �THE COURT:� Or don't you know?

25� � � �THE WITNESS:� My understanding is that it was a

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�1� � � � name that they used as -- for mortgages.


�3� � � � Q.� That it was what, sir?

�4� � � � � � THE COURT:� It's the name they used for their

�5� � � � mortgages.� Okay.

�6� � � � � � THE WITNESS:� Mortgage originator, yes.


�8� � � � Q.� Sir, are you not reading the mortgage which

�9� �recites that it is a corporation under the laws of the

10� �State of New York?

11� � � � A.� I do, but your original question was you were

12� �indicating that America's Wholesale Lender, Inc. was the

13� �original lender, which I never testified and is not stated

14� �in the mortgage.

15� � � � Q.� All right.� Then it is a corporation, is it not,

16� �according to the mortgage?

17� � � � A.� It states that, yes.

18� � � � Q.� So corporations are known either by Inc. or corp.

19� �or corporation, are they not?

20� � � � A.� Typically, yes, my understanding.

21� � � � Q.� Okay.� Then this mortgage doesn't recite whether

22� �it's an Inc. or a corp. or a corporation, but it says it's

23� �a corporation, does it not?

24� � � � A.� It says it, yes.

25� � � � Q.� Okay.� Are these -- are the note and mortgage

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�1� �then payable to the same entity?

�2� � � � A.� The -- it's payable to the loan servicer.� It

�3� �lists a P.O. Box where payments are to be sent.

�4� � � � Q.� Sir, is the loan servicer America's Wholesale

�5� �Lender?

�6� � � � A.� No.

�7� � � � Q.� No.� Who is the note payable to?

�8� � � � � � MS. YOUNG:� Objection, Your Honor.� This has been

�9� � � � asked and answered.

10� � � � � � THE COURT:� You made your point.� I understand

11� � � � where you're going, and I don't need you to beat a

12� � � � dead horse here.

13� � � � � � MR. PIERCE:� Thank you.


15� � � � Q.� This note is not payable to Countrywide, is it?

16� � � � � � THE COURT:� The answer is no.

17� � � � � � THE WITNESS:� Well, the -- the loan servicer was

18� � � � Countrywide Home Loans Servicing, LP.� It does list a

19� � � � specific name that payments are --

20� � � � � � THE COURT:� Counsel, I get the picture.

21� � � � � � MR. PIERCE:� Thank you, Your Honor.

22� � � � � � THE COURT:� Do you want to voir dire him on

23� � � � anything else?

24� � � � � � MR. PIERCE:� Let me look at the other two

25� � � � documents briefly, Your Honor.

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�2� � � � Q.� The notice of intent to accelerate, sir, when was

�3� �that sent to Ms. Nash and where?

�4� � � � A.� December 31, 2010, and it was sent to P.O.

�5� �Box 3104, Winter Park, Florida 32790.

�6� � � � Q.� And how do you know that, sir?

�7� � � � A.� It's stated on the letterhead of the notice of

�8� �intent to accelerate.� Our records indicate that the

�9� �P.O. Box was Ms. Nash's preferred mailing address.

10� � � � Q.� So you're --

11� � � � A.� The document is -- I reviewed the document within

12� �our business records at the time and it's sent or prior to

13� �mailing the letter is scanned and uploaded into the bank's

14� �business records.

15� � � � Q.� You're reciting that then based upon your reading

16� �of this document and not your personal knowledge; am I

17� �correct?

18� � � � A.� I did not personally mail the document, no, but

19� �it is in our business records, and it's standard business

20� �practice when the loan is in default to mail the notice of

21� �intent to accelerate.

22� � � � Q.� Sir.� What do you have in your standard business

23� �records other than this document to show that?

24� � � � A.� To show that it was mailed?

25� � � � Q.� To show that it was mailed to Ms. Nash in Winter

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�1� �Park, Florida on December 31, 2010.

�2� � � � A.� I did review a certified mail receipt that the --

�3� �the letter was mailed.

�4� � � � � � THE COURT:� Receipt that she had received it or

�5� � � � that you sent it?

�6� � � � � � THE WITNESS:� It was sent and returned as

�7� � � � undeliverable, meaning it was never signed for.

�8� � � � � � THE COURT:� Okay.

�9� � � � � � MR. PIERCE:� Thank you.


11� � � � Q.� So do you have any record then that this was ever

12� �received by Ms. Nash?

13� � � � A.� It was sent under the mortgage --

14� � � � Q.� That's not my question, sir --

15� � � � � � THE COURT:� He's already testified that it was

16� � � � non-deliverable so that to me indicates that she

17� � � � never got it.

18� � � � � � MR. PIERCE:� Okay.


20� � � � Q.� And regarding the payment record that was

21� �Exhibit D or Exhibit 4, that payment record was kept --

22� �was -- was generated by the Bank of America home loans

23� �record people; is that correct, sir?

24� � � � A.� It's -- the entries are made as payments are

25� �received and the bank pays the payments out.� A copy of it

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�1� �can be requested and faxed on whatever specific day, and

�2� �in this instance, this copy was faxed July 2 --

�3� � � � � � THE COURT:� How many of those records were made

�4� � � � by Countrywide, and how many of them were made by

�5� � � � Bank of America before it merged or after it merged?

�6� � � � � � THE WITNESS:� The first three-and-a-half pages

�7� � � � would have been Countrywide Home Loan Servicing,

�8� � � � LP --

�9� � � � � � THE COURT:� Do you know anything about their

10� � � � recordkeeping or how they did it?

11� � � � � � THE WITNESS:� It was -- Bank of America acquired

12� � � � Countrywide and maintained the --

13� � � � � � THE COURT:� I understand that.� Do you know

14� � � � anything about the way that Countrywide kept their

15� � � � books and records?� You weren't ever employed with

16� � � � them, were you?

17� � � � � � THE WITNESS:� No.

18� � � � � � THE COURT:� Did you ever have any access to any

19� � � � of their policies or training manuals or anything

20� � � � before you testified here today?

21� � � � � � THE WITNESS:� Policies or training manual, I've

22� � � � never had access or received any of Countrywide's

23� � � � specific policies but --

24� � � � � � THE COURT:� So then you don't know how they kept

25� � � � their records then, do you?

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�1� � � �THE WITNESS:� Well, I know that the platform, the

�2� �database used, was -- when Bank of America acquired

�3� �it, they maintained that exact database, and the

�4� �records were just kept as-is and Bank of America

�5� �originated loans were merged into this database.� So

�6� �the entries were all made the same way as Countrywide

�7� �originated loans.

�8� � � �THE COURT:� Made by Bank of America that way when

�9� �you --

10� � � �THE WITNESS:� The database was maintain by Bank

11� �of America --

12� � � �THE COURT:� But you don't know -- you know how

13� �Countrywide kept their reports?� You're --

14� � � �THE WITNESS:� What --

15� � � �THE COURT:� -- speculating?� You're speculating

16� �really, aren't you?

17� � � �THE WITNESS:� I wouldn't say speculating --

18� � � �MS. YOUNG:� Your Honor, I think my witness

19� �testified that they were made in the same exact way

20� �because Bank of America is using the exact same

21� �method that they acquired from Countrywide.

22� � � �THE COURT:� That isn't what he said.� That wasn't

23� �his testimony, Counselor.

24� � � �THE WITNESS:� Well, it's the same database.� So

25� �when the payments are received they're -- they're --

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�1� � � �THE COURT:� How do you know, for example, that

�2� �they were made by information transmitted by a person

�3� �with knowledge?� You don't know that, do you?

�4� � � �THE WITNESS:� When somebody -- when a payment is

�5� �being sent in, it has a specific loan number and

�6� �the --

�7� � � �THE COURT:� You don't know that it was made by

�8� �someone with knowledge, do you?� You're just

�9� �speculating, aren't you?

10� � � �THE WITNESS:� That -- my understanding is that's

11� �their policy.� I have reviewed --

12� � � �THE COURT:� Do you know --

13� � � �THE WITNESS:� -- the --

14� � � �THE COURT:� -- if it was made at or near the time

15� �it occurred?� Do you know if it was made at or near

16� �the time the event occurred?

17� � � �THE WITNESS:� Yes.� That's the standard.

18� � � �THE COURT:� Well, it may be the standard, but how

19� �do you know Countrywide adhered to that standard?

20� �You weren't employed by them.� You're not familiar

21� �with their personnel that were doing that, are you?

22� � � �THE WITNESS:� I was not at that time frame, no,

23� �but --

24� � � �THE COURT:� Okay.

25� � � �THE WITNESS:� -- payments were received and

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�1� �posted and -- up until the time we no longer received

�2� �payment.

�3� � � �THE COURT:� How do you know that they were

�4� �keeping it as a regular business activity?

�5� � � �I mean, you might be able to testify as to the

�6� �Bank of America, but you're talking about now an --

�7� �an entity, Countrywide, that was forced into a

�8� �takeover by Bank of America, correct?

�9� � � �MS. YOUNG:� Objection, Your Honor.� I'm objecting

10� �to the word, forced, because that was not brought

11� �in -- in opposing counsel's questioning, nor was it

12� �brought up in --

13� � � �THE COURT:� Well, I'm asking him this question

14� �because it's important to me as the trier of fact to

15� �understand whether his testimony is credible or not.

16� � � �MS. YOUNG:� Yes, Your Honor.

17� � � �THE COURT:� And I think it's common knowledge

18� �that Bank of America was forced to take over

19� �Countrywide.

20� � � �MS. YOUNG:� Yes, Your Honor.� I understand

21� �Countrywide being merged into Bank of America;

22� �however, my objection is to the word, forced.

23� � � �THE COURT:� Well, merged into it, okay, right?

24� � � �THE WITNESS:� Bank of America acquired

25� �Countrywide.

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�1� � � �THE COURT:� Yeah.� Mr. Pierce, go ahead.� Do you

�2� �have any other questions?

�3� � � �MR. PIERCE:� No, Your Honor.� I will on

�4� �cross-examination but not -- not as to these

�5� �documents.

�6� � � �THE COURT:� All right.� Do you want to renew

�7� �your --

�8� � � �MS. YOUNG:� Yes, Your Honor.� We would request

�9� �that Plaintiff's Exhibits A through D would be

10� �admitted into evidence as Trial Exhibits A though D,

11� �Your Honor, or 1 through 4.

12� � � �THE COURT:� And I'm going to --

13� � � �MR. PIERCE:� Your Honor, I have no objection to

14� �the -- to the documents being admitted, but I do have

15� �objection to counsel's -- or to -- to Mr. Anderson's

16� �attempt to testify that he had personal knowledge

17� �when the Court knows and I know he didn't.

18� � � �THE COURT:� Okay.� I'll receive them into

19� �evidence, but the weight to be given will be

20� �determined by the trier of fact, all right?

21� � � �MR. PIERCE:� Yes, sir.

22� � � �THE COURT:� All right?


24� � � �(Plaintiff's Exhibit Nos. 1 through 4 admitted in

25� �to evidence.)

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�1� � � � � � THE COURT:� Do you have anything else you want --

�2� � � � � � MS. YOUNG:� It's defendant's cross-examination,

�3� � � � Your Honor.

�4� � � � � � THE COURT:� I think we voir dired him.� What --

�5� � � � do you want to cross-examine him on anything else?

�6� � � � � � MR. PIERCE:� Yes, sir.� Let me look over my

�7� � � � notes.� I think I have covered most of it, but --

�8� � � � � � THE COURT:� I think you have too.

�9� � � � � � MR. PIERCE:� -- if I may have a moment.

10� � � � � � � � � � � �CROSS-EXAMINATION


12� � � � Q.� The complaint recites that the loan is owned

13� �by -- paragraph 4 of the complaint recites Federal

14� �National Mortgage Association is the owner of the note.

15� �Are you familiar with that, sir?

16� � � � � � MS. YOUNG:� Objection, Your Honor.� This question

17� � � � is outside the scope of direct.

18� � � � � � THE COURT:� I think it's a legitimate question.

19� � � � Go ahead and answer it.� I'll overrule the objection.



22� � � � Q.� You're saying yes what, sir?

23� � � � A.� You asked me if I was aware of that, and I said

24� �yes.

25� � � � Q.� Okay.� When was the note transferred to Federal

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�1� �National Mortgage Association?

�2� � � � A.� I don't know an exact --

�3� � � � � � MS. YOUNG:� Objection, Your Honor.� This is

�4� � � � outside the --

�5� � � � � � THE COURT:� Overruled.

�6� � � � � � THE WITNESS:� I don't know an exact date of when

�7� � � � the Fannie Mae took a investor role in the subject

�8� � � � loan.


10� � � � Q.� Do you have any idea?

11� � � � A.� I don't.

12� � � � Q.� Okay.� And I want to remind you, sir, you are

13� �under oath.� So your answers to these questions need to be

14� �your sworn testimony.

15� � � � � � Now, you don't know when that note was

16� �transferred.� Who transferred it to -- to Fannie Mae?

17� � � � A.� You're talking about physical possession of the

18� �note?� I don't understand the question.

19� � � � Q.� Sir, I'm relying on what's in the complaint which

20� �says that Fannie Mae is the owner of the note, and I asked

21� �you the question when was it transferred?

22� � � � A.� I don't know the exact date when Fannie Mae

23� �became the investor of this loan, but physical possession

24� �of the original collateral file were maintained with the

25� �loan servicer throughout.

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�1� � � � Q.� Sir, that wasn't my question.� My question has to

�2� �do with the possession of the original note, the document.

�3� � � � � � MS. YOUNG:� Objection, Your Honor.� This --

�4� � � � � � THE COURT:� Overruled.

�5� � � � � � THE WITNESS:� That was my answer.� Physical

�6� � � � possession has been with the loan servicer from

�7� � � � commencement up until transfer to foreclosure

�8� � � � counsel.


10� � � � Q.� So then it's never been transferred to Fannie

11� �Mae?

12� � � � A.� Physical possession of the collateral file, no,

13� �but Fannie Mae has an investor relationship to this loan.

14� � � � Q.� Sir, just answer my question.� Was the note ever

15� �transferred to Fannie Mae?

16� � � � A.� Physical possession of the note, no.

17� � � � Q.� All right.� Was the mortgage ever transferred to

18� �Fannie Mae?

19� � � � A.� Physical possession of the original mortgage was

20� �not.

21� � � � Q.� Was it ever assigned to Fannie Mae?

22� � � � A.� No.� Not that I'm aware of.

23� � � � Q.� What evidence are you aware of that America's

24� �Wholesale Lender, a New York corporation, had a lender's

25� �license in Florida?

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�1� � � � � � THE COURT:� Would you repeat --

�2� � � � � � MS. YOUNG:� Objection, Your Honor --

�3� � � � � � THE COURT:� -- that --

�4� � � � � � MR. PIERCE:� America's Wholesale Lender who was

�5� � � � the -- the lender pursuant to the terms --

�6� � � � � � THE COURT:� I get it.� I didn't catch that, but

�7� � � � go ahead.

�8� � � � � � MS. YOUNG:� Your Honor, objection to relevance,

�9� � � � and this is outside the scope of direct.


11� � � � � � Restate your question, please, Mr. Pierce.

12� � � � � � MR. PIERCE:� Would you read the question back,

13� � � � please.

14� � � � � � (Question read.)

15� � � � � � THE WITNESS:� I'm not aware of any.


17� � � � Q.� Are you aware that it had a lender's license in

18� �any state?

19� � � � A.� I'm not.

20� � � � Q.� Are you aware that America's Wholesale Lender, a

21� �New York corporation, was never formed by Countrywide or

22� �Bank of America or anyone related to them?

23� � � � A.� I don't know that.

24� � � � Q.� Do you know who formed America's Wholesale

25� �Lender, a New York corporation?

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�1� � � � A.� That I do not know.

�2� � � � Q.� Do you know what evidence exists that America's

�3� �Wholesale Lender, a New York corporation, had authority to

�4� �do business in Florida as a New York corporation under

�5� �Florida Statute 607.1506?

�6� � � � � � MS. YOUNG:� Your Honor, my client would not -- my

�7� � � � witness --

�8� � � � � � THE COURT:� If he doesn't know, he can say no.

�9� � � � � � MS. YOUNG:� Your Honor, he's using a statute that

10� � � � he hasn't brought for anyone to be able to review so

11� � � � we would know ahead of the Court today, Your Honor.

12� � � � � � THE COURT:� Well, I don't think he has to bring

13� � � � it before anybody.� He's asked a question, and I -- I

14� � � � would be amazed if he has an answer to it other than

15� � � � I don't know, but restate the question, please.

16� � � � � � MR. PIERCE:� Yes, sir.


18� � � � Q.� What evidence exists that you know of that

19� �America's Wholesale Lender, a New York corporation, had

20� �authority to do business in Florida as a New York

21� �corporation under Florida Statute 607.1506?

22� � � � � � THE COURT:� If you don't know, just say I don't

23� � � � know.

24� � � � � � THE WITNESS:� I don't know.� I'm not aware of

25� � � � that.

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�2� � � � Q.� And you've already testified that you don't know

�3� �what interest in the note or mortgage was ever transferred

�4� �to Fannie Mae, did you not?

�5� � � � A.� No.� I -- I stated that Fannie Mae was an

�6� �investor of this loan.

�7� � � � Q.� Sir, the complaint recites that it is the owner

�8� �of the note; are you aware of that?

�9� � � � A.� Yes.

10� � � � Q.� Okay.� When did it become the owner of the note?

11� � � � A.� I stated before I -- I don't know the exact date.

12� � � � Q.� Do you know that it ever did become the owner of

13� �the note?

14� � � � A.� Our records reflect that, yes, it did.

15� � � � Q.� But you don't know when?

16� � � � A.� I don't know the exact date.

17� � � � Q.� What records have you seen that reflect that?

18� � � � A.� Our servicing records reflect that the investor

19� �is Fannie Mae.

20� � � � Q.� What document in your servicing records, sir?

21� � � � A.� What document?

22� � � � Q.� Yes.

23� � � � A.� It's -- I believe, the -- the page entitled

24� �investor maintenance.

25� � � � Q.� That's a record produced internally within

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�1� �Countrywide or Bank of America, is it not?

�2� � � � A.� It's a part of the bank servicing records, yes.

�3� � � � Q.� That's not a record of the transfer other than

�4� �internally, is it?

�5� � � � A.� It's an internal record.� So I'm not sure I

�6� �completely understand your question.

�7� � � � Q.� That was my question.� It's an internal record.

�8� �It does not have any external evidence to rely on that you

�9� �know of, did it?

10� � � � A.� From what I've reviewed was the bank's servicing

11� �records.

12� � � � Q.� Sir, I would like to have you just answer my

13� �question.� That was a yes or a no position.

14� � � � A.� I didn't hear a question, sir.

15� � � � � � MR. PIERCE:� Would you read the question back to

16� � � � him, pleases?

17� � � � � � (Question read.)


19� � � � Q.� Yes or no?

20� � � � A.� I -- I don't know what --

21� � � � Q.� All right.

22� � � � A.� The record is what it is.� It indicates Fannie

23� �Mae was the investor, owner.

24� � � � Q.� Sir, saying the record is what it is doesn't

25� �answer anything within --

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�1� � � � � � THE COURT:� Don't argue with him.

�2� � � � � � MS. YOUNG:� Your Honor --

�3� � � � � � THE COURT:� Just ask a question, please.

�4� � � � � � MR. PIERCE:� All right.


�6� � � � Q.� Was the mortgage assigned by the original holder

�7� �of the mortgage who was America's Wholesale Lender, a New

�8� �York corporation?� Do you know if it was assigned to

�9� �anyone, to any third party?

10� � � � � � MS. YOUNG:� Objection, Your Honor.� Multiple

11� � � � questions.

12� � � � � � THE COURT:� Let him see if he can get multiple

13� � � � answers.

14� � � � � � THE WITNESS:� I don't have the assignment of

15� � � � mortgage in front of me.� So I can't speak to that.

16� � � � � � MS. YOUNG:� Objection, Your Honor --

17� � � � � � THE COURT:� Rephrase the question, Mr. Pierce --

18� � � � � � MS. YOUNG:� Your Honor, the assignment of

19� � � � mortgage was not in the direct.

20� � � � � � THE COURT:� Pardon?

21� � � � � � MS. YOUNG:� The assignment of mortgage was not

22� � � � included in the direct examination, Your Honor.

23� � � � � � THE COURT:� I understand that.

24� � � � � � MR. PIERCE:� I'm going to be introducing the

25� � � � assignment of mortgage later, Your Honor.� Should I

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�1� � � � introduce it now?

�2� � � � � � THE COURT:� Do it whenever you want to do it.

�3� � � � � � MR. PIERCE:� Okay.

�4� � � � � � THE COURT:� I'm not going to run the case for

�5� � � � you.

�6� � � � � � MR. PIERCE:� All right.

�7� � � � � � THE COURT:� How much longer are you going to be,

�8� � � � Mr. Pierce?

�9� � � � � � MR. PIERCE:� I think I'm just about through with

10� � � � this witness, Judge.

11� � � � � � MS. YOUNG:� May I review that, please.

12� � � � � � MR. PIERCE:� Of course.

13� � � � � � MS. YOUNG:� Thank you.

14� � � � � � THE COURT:� What is it you're showing around the

15� � � � courtroom?

16� � � � � � MR. PIERCE:� The assignment of mortgage, Your

17� � � � Honor.� It was attached to the complaint, Judge.

18� � � � � � THE COURT:� Can I take a look at it?

19� � � � � � MR. PIERCE:� Yes, sir.

20� � � � � � THE COURT:� Okay.


22� � � � Q.� Sir, this has been marked as Defendant's

23� �Exhibit A.� It is a copy of the assignment of mortgage

24� �that was attached to the complaint.� I'll give you a

25� �moment to look at it, then I want to ask you a question

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�1� �about it.� Have you seen that document before?

�2� � � � A.� Yes.� I believe so.

�3� � � � Q.� Who was the owner of the note and mortgage at the

�4� �time this transaction took place?

�5� � � � � � THE COURT:� Which transaction are you talking

�6� � � � about?� The assignment --

�7� � � � � � MR. PIERCE:� The signing of the note and

�8� � � � mortgage.

�9� � � � � � THE COURT:� Oh, the signing of the note and

10� � � � mortgage?

11� � � � � � MR. PIERCE:� Yes, sir.

12� � � � � � THE WITNESS:� The assignment of the mortgage?


14� � � � Q.� Sir, the signing of the note and mortgage, who

15� �owned them at the time they were signed?

16� � � � A.� At origination you're referring to?

17� � � � � � THE COURT:� What was your answer?� The

18� � � � origination?

19� � � � � � THE WITNESS:� I was just thinking out loud --

20� � � � � � THE COURT:� Answer his question.� Who was the

21� � � � owner?

22� � � � � � THE WITNESS:� At origination it was the original

23� � � � lender, America's Wholesale Lender.


25� � � � Q.� And according to the mortgage America's Wholesale

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�1� �Lender was a New York corporation, was it not?

�2� � � � A.� Yes.� That's what it states in the mortgage.

�3� � � � Q.� Okay.� Now, this --

�4� � � � � � THE COURT:� You testified a minute ago that it

�5� � � � was just another name for Countrywide.

�6� � � � � � THE WITNESS:� I was -- he was referring to what

�7� � � � it states in the mortgage.� I've read it multiple

�8� � � � times.

�9� � � � � � THE COURT:� Okay.


11� � � � Q.� Who signed this assignment of mortgage?

12� � � � A.� Margarita Habbo (ph.).

13� � � � Q.� That's the name of the person who signed on

14� �behalf of what entity?

15� � � � � � MS. YOUNG:� Your Honor, I'm objecting to these

16� � � � questions --

17� � � � � � THE COURT:� Well, it's a legitimate question.

18� � � � What entity was it signed on behalf of --

19� � � � � � MS. YOUNG:� Your Honor, I'm going to object to

20� � � � these questions.� I don't believe that this was

21� � � � alleged in the defendants' affirmative defenses.� He

22� � � � alleged --

23� � � � � � THE COURT:� I'm overruling your objection.

24� � � � � � Go ahead and answer, if you can.

25� � � � � � THE WITNESS:� The Mortgage Electronic

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�1� � � � Registration Systems, Incorporated as nominee for

�2� � � � America's Wholesale Lender.


�4� � � � Q.� Were they the owner of the mortgage?

�5� � � � A.� At the time of the assignment, is that your

�6� �question?

�7� � � � Q.� Was MERS the owner of the mortgage at the time --

�8� �at any time?

�9� � � � A.� No.

10� � � � � � MS. YOUNG:� Object, Your Honor.� This was not in

11� � � � the defendant's answers and affirmative defenses

12� � � � again.



15� � � � Q.� If they were not the owner of the mortgage, how

16� �could they assign it, sir?

17� � � � A.� They're assigning as nominee.

18� � � � Q.� Okay.� Then if they signed -- assigned it as

19� �nominee, they weren't signing it on behalf of the owner,

20� �were they?

21� � � � A.� They were assigning on behalf of the -- of the

22� �original lender as -- as stated on the mortgage.

23� � � � Q.� As stated in the mortgage?� The original mortgage

24� �said that the lender was America's Wholesale Lender, a New

25� �York corporation, did it not?

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�1� � � � A.� It states the lender as America's Wholesale

�2� �Lender.

�3� � � � Q.� And it -- what does it say America's Wholesale

�4� �Lender is?

�5� � � � A.� If I recall, it states a corporation under New

�6� �York.

�7� � � � Q.� Yes.� Okay.� Does this signature block say

�8� �anything about a New York corporation?

�9� � � � � � MS. YOUNG:� Objection, Your Honor.� This is not

10� � � � in defendant's answer and affirmative defenses.� It

11� � � � does not go --


13� � � � � � THE WITNESS:� No.

14� � � � � � THE COURT:� Does your answer contain a general

15� � � � denial?� I assume it did.

16� � � � � � MR. PIERCE:� His answer recites that America's

17� � � � Wholesale Lender -- this was.


19� � � � Q.� Let me ask you, sir, this then was not signed on

20� �behalf of the New York corporation, was it?

21� � � � A.� I don't understand.

22� � � � Q.� Does this signature block say America's Wholesale

23� �Lender, a New York corporation?

24� � � � A.� No.

25� � � � Q.� It just says America's Wholesale Lender, doesn't

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�1� �it?

�2� � � � A.� Yes.

�3� � � � Q.� And you've already testifies that that was a

�4� �fictitious name, a doing business as name, that was used

�5� �by --

�6� � � � A.� Countrywide.

�7� � � � Q.� -- Countrywide in doing Countrywide's business,

�8� �correct?

�9� � � � A.� It was a doing business as name, yes.

10� � � � � � MR. PIERCE:� Okay.

11� � � � � � THE COURT:� All right.� Mr. Pierce, I get the

12� � � � picture.� It's clear enough in the record that --

13� � � � � � MS. YOUNG:� Objection, Your Honor.� That

14� � � � assignment of mortgage is not into evidence as of

15� � � � yet.

16� � � � � � THE COURT:� Well, are you putting it into

17� � � � evidence now?

18� � � � � � MR. PIERCE:� Yes, Your Honor.

19� � � � � � THE COURT:� I'll accept it into evidence.� Is

20� � � � that about it?

21� � � � � � MR. PIERCE:� Just let me check a moment, Judge.

22� � � � I think that's about it.


24� � � � Q.� Do you know who instructed MERS to sign that

25� �assignment?

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�1� � � � A.� I do not.

�2� � � � Q.� Do you know who the mortgage -- or who the note

�3� �was transferred to after Countrywide went out of business?

�4� � � � A.� Bank of America acquired Countrywide and the note

�5� �was serviced then by BAC Home Loan Servicing, LP and then

�6� �merged into Bank of America, N.A.

�7� � � � Q.� Have you ever seen any document transferring

�8� �ownership of that note to Bank of America?

�9� � � � A.� This specific --

10� � � � Q.� That specific note.

11� � � � A.� It was just part of the acquisition.

12� � � � Q.� Sir, answer the question.� Have you ever --

13� � � � � � THE COURT:� He did answer it was part of the

14� � � � acquisition.� I'm, you know --

15� � � � � � MR. PIERCE:� Okay.


17� � � � Q.� Have you ever seen any document that transferred

18� �the mortgage from the original holder of the mortgage,

19� �America's Wholesale Lender, to Bank of America, other than

20� �the assignment that we just looked at?

21� � � � A.� No.

22� � � � � � THE COURT:� Is that it?

23� � � � � � MR. PIERCE:� That's it, sir.

24� � � � � � MS. YOUNG:� Your Honor, brief rebuttal.

25� � � � � � May I have the Exhibit A, please.

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�1� � � � � � Your Honor, may I approach the witness.

�2� � � � � � THE COURT:� You may.

�3� � � � � � � � � � � REDIRECT EXAMINATION


�5� � � � Q.� Okay.� If you look on the last page on the bottom

�6� �of the note, what type of instrument is this note?

�7� � � � A.� Florida fixed-rate note, single-family Fannie

�8� �Mae, Freddie Mac instrument.

�9� � � � Q.� And who is the investor on this note?

10� � � � A.� Fannie Mae.

11� � � � � � MS. YOUNG:� Okay.� Your Honor, may I approach the

12� � � � witness again.



15� � � � Q.� And when this loan was completed, did anyone

16� �receive the funds from this loan transaction?

17� � � � A.� Yes.

18� � � � Q.� Who received those funds?

19� � � � A.� I'm not sure without looking at the document.

20� � � � Q.� Who received the funds from the note?� Like when

21� �the note was made, there was a transaction created.� Who

22� �received the money from the note?� Who received the

23� �actual --

24� � � � A.� The closing agent at the time for America's

25� �Wholesale Lender.

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�1� � � � Q.� Who is the borrower on the note?

�2� � � � A.� Yes.

�3� � � � Q.� No.� Who is the borrower on the note?

�4� � � � A.� Oh --

�5� � � � � � THE COURT:� The closing agent turned it over to

�6� � � � her, didn't he?� Is that what your testimony is?

�7� � � � � � THE WITNESS:� The -- the -- I'm sorry.� I --


�9� � � � Q.� What was the purpose of the mortgage?

10� � � � A.� To secure financing for the property.

11� � � � Q.� Okay.� Did the borrower on the note receive the

12� �funds to acquire the property?

13� � � � � � MR. PIERCE:� Objection, leading, Your Honor.

14� � � � � � THE COURT:� Well, it's obvious they probably did,

15� � � � so what?



18� � � � Q.� Do the -- does the -- do the business -- would

19� �the payment history reflect records of the borrower

20� �receiving those funds?

21� � � � � � THE COURT:� Can you stipulate that the borrower

22� � � � got the funds?

23� � � � � � THE WITNESS:� The payment history --

24� � � � � � THE COURT:� Do you want to stipulate to that,

25� � � � Mr. Pierce?

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�1� � � �MR. PIERCE:� Yes, Your Honor.

�2� � � �THE COURT:� Okay.

�3� � � �MS. YOUNG:� Thank you.

�4� � � �THE COURT:� You don't need to go any further with

�5� �your questions.

�6� � � �MS. YOUNG:� Thank you, Your Honor.� Your Honor,

�7� �that concludes Plaintiff's counsel's case in chief.

�8� � � �THE COURT:� Are you resting?

�9� � � �MS. YOUNG:� Yes, Your Honor.

10� � � �THE COURT:� You're free to step down from the

11� �witness stand.

12� � � �THE WITNESS:� Thank you, Your Honor.

13� � � �THE COURT:� Mr. Pierce, do you have anything else

14� �you want to be heard?

15� � � �MR. PIERCE:� I want to --

16� � � �THE COURT:� I'm ready to rule if you're ready

17� �to -- unless you've got some other information you

18� �want to --

19� � � �MR. PIERCE:� Your Honor, I had -- I would call

20� �Ms. Nash, but I think that it's obvious that this

21� �mortgage transaction was fraudulent, and that's what

22� �she's going to testify to.

23� � � �THE COURT:� Well, I don't think her testimony

24� �that it was fraudulent is going to have much sway on

25� �the Court.� I've already pretty well made up my mind

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�1� �on it.� I don't think she needs to.� She doesn't need

�2� �to testify to that.

�3� � � �I'm not going to tell you you can't call her, but

�4� �I'm just -- I'm asking you.� It's now 12:00, and I'd

�5� �like to proceed on, if we can.� I'm ready to give a

�6� �ruling in the case, if you're ready to, but if you

�7� �want to call her, that's your right.

�8� � � �MR. PIERCE:� One moment, Judge.

�9� � � �THE COURT:� Yeah.

10� � � �MR. PIERCE:� All right.� Your Honor, we're ready

11� �to proceed.

12� � � �THE COURT:� All right.� You're ready to proceed,

13� �or do you want me to rule?

14� � � �MR. PIERCE:� For you to rule, Judge.

15� � � �THE COURT:� The record in this case with the

16� �assignments and everything else, to me, is the

17� �perfect example of why the Bank of American was

18� �forced into taking over Countrywide.� You can argue

19� �with me about whether it was forced or not, but I've

20� �seen enough sitting on this foreclosure division for

21� �the last three years that it was forced to take it

22� �over and it -- this is a good example of that and I

23� �don't think that this witness -- in -- in fairness to

24� �the witness, I know he has to work with what he's

25� �got, and it -- that is a bunch of contradictory

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�1� �documents.

�2� � � �I don't think it was possible to really spell out

�3� �the chain of holders in this mortgage.� You may think

�4� �he did, but I'm not satisfied that he was able to do

�5� �that.� There is no receipt for the default letter.

�6� �So, therefore, a condition precedent of the mortgage

�7� �has not been met.� I'm just not satisfied with the --

�8� �his knowledge of Countrywide, and I can understand

�9� �that.� It's a big mystery organization as far as I'm

10� �concerned from everything I have ever heard about it,

11� �and he doesn't know when the note was acquired by the

12� �plaintiff, which is the big stumbling block in my

13� �mind.� He may know that it was -- he may say that it

14� �was held, but he can't give me a date when it was

15� �actually acquired by them.� So that makes his

16� �testimony rather troubling to the Court.

17� � � �So, therefore, I'm ruling in favor of the

18� �defendant on this case.� I don't think that you've

19� �been able to prove your case.� In fairness to you, I

20� �can understand the difficulties that you've had. I

21� �don't think it's your fault.� I think it is

22� �Countrywide's fault that they didn't make a record

23� �properly -- properly document, and, therefore, I'm

24� �finding in favor of the defendant on the case.

25� � � �I'm going to ask Mr. Pierce if he could please

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�1� �prepare a final judgment.� I'm dismissing your case,

�2� �and if you want to insert the reasons from your

�3� �memorandum, I don't need to read your memorandum.

�4� �You can put that -- incorporate any of that you want

�5� �to into the final judgment, to make yourself a little

�6� �more bulletproof if there is an appeal taken.

�7� � � �MR. PIERCE:� Thank you, Your Honor.� And also

�8� �recovery of costs and attorney's fees, pursuant to --

�9� � � �THE COURT:� I'll be glad to hear those if you set

10� �it down for a hearing.� I'm not hearing it today.

11� � � �MR. PIERCE:� Yes, sir.

12� � � �THE COURT:� And if you want attorney's fees,

13� �you're going to have to have a witness here.� I can't

14� �just accept an affidavit.

15� � � �MR. PIERCE:� Yes, sir.� Yes, sir.� I would be

16� �happy to do that because the attorney's fees in this

17� �case have been very, very substantial because of the

18� �nature of the dispute between --

19� � � �MS. YOUNG:� Your Honor --

20� � � �THE COURT:� I'll entertain whatever witnesses you

21� �have and listen to the testimony.

22� � � �MR. PIERCE:� Yes.� Thank you Judge.

23� � � �MS. YOUNG:� We need a motion for entitlement,

24� �Your Honor --

25� � � �THE COURT:� I don't see anything in any case that

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�1� �he's entitled to it.� I will -- I will be glad to

�2� �receive any arguments that you may make on whether

�3� �they're entitled to it, but we're going to do it at a

�4� �special hearing --

�5� � � �MS. YOUNG:� Yes, Your Honor.

�6� � � �THE COURT:� -- where we will discuss entitlement

�7� �first and then go into any amounts, which is the

�8� �typical way it's done, I believe.

�9� � � �MR. PIERCE:� Yes, Your Honor.

10� � � �THE COURT:� Okay?


12� � � �MR. PIERCE:� Thank you, Judge.

13� � � �(Proceedings concluded at 11:59 a.m.)

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�1� � � � � � � � � � CERTIFICATE OF REPORTER

�2

�3� �STATE OF FLORIDA

�4� �COUNTY OF SEMINOLE

�5

�6� � � � I, Sara Gittins, Notary Public, State of Florida, was

�7� �authorized to and did stenographically report the

�8� �foregoing proceedings; and that the transcript, pages 4

�9� �through 59, is a true and accurate record of my

10� �stenographic notes.

11� � � � I FURTHER CERTIFY that I am not a relative, or

12� �employee, or attorney, or counsel of any of the parties,

13� �nor am I a relative or employee of any of the parties'

14� �attorney or counsel connected with the action, nor am I

15� �financially interested in the action.

16� � � � DATED THIS 28th day of September, 2014.

17

18

19

20

21� � � � � �____________________________________22� � � � �SARA GITTINS, COURT REPORTER� � � � � �ORANGE LEGAL, INC.23

24

25







$

$2,346.59 16:2

$32,528.77 15:20

$53,561.86 16:20

$8,362.50 15:22

0

05772 11:9

09 25:15

1

1 4:5 5:1 8:18,21 9:25 10:4 19:6 20:21 37:11,24

1081 11:9

1095 11:9

11 11:7,8

11:59 59:13

12:00 56:4

2

2 4:5 5:1 9:22 33:2

2005 22:1,11

2008 25:13

2010 12:21 15:6 31:4 32:1

2011 25:17

2012 6:13

27 25:15

3

3 4:6 5:1 20:13,23,24

31 12:21 31:4 32:1

3104 31:5

32790 31:5

4

4 32:21 37:11,24 38:13

5

5/27/05 23:13

6

607.1506 42:5,21

9

9 6:13

A

A-n-d-e-r-s-o-n 4:20

a.m. 59:13

accelerate 7:20 12:21 13:1,5,12,14 31:2,8,21

accept 21:11,18 51:19 58:14

access 27:23 33:18, 22

account 16:4

accounting 14:10

accumulated 16:3

accurate 16:9

acquire 54:12

acquired 25:13 33:11 34:2,21 36:24 52:4 57:11,15

acquisition 52:11, 14

acquisitions 25:21

action 11:11,14

activities 7:25

activity 36:4

actual 53:23

address 17:21 31:9

adhered 35:19

adjustment 15:10

admitted 37:10,14, 24

affidavit 58:14

affirm 5:22

affirmative 48:21 49:11 50:10

agent 53:24 54:5

ahead 4:5 12:11 19:4 21:14, 25:19,22 27:21 37:1 38:19 41:7 42:11 48:24

alleged 48:21,22

amazed 42:14

America 6:24 7:5,7, 9,14,16,23 8:2 13:7 14:13 22:18 25:13, 18,21 32:22 33:5,11 34:2,4,8,11,20 36:6, 8,18,21,24 41:22 44:1 52:4,6,8,19

America's 17:16 18:5,8,10,19 19:8,18 21:24 22:16 23:9,19 24:14,21 25:2 26:1, 21,22,24 27:5,6 28:16 29:12 30:4 40:23 41:4,20,24 42:2,19 45:7 47:23, 25 49:2,24 50:1,3, 16,22,25 52:19 53:24

American 56:17

amount 15:15,23 16:17

amounts 59:7

Anderson 4:19 6:4, 16,22 17:13

Anderson's 37:15

answers 45:13 49:11

appeal 58:6

approach 8:8 10:6,

18 12:12 14:5 53:1, 11

April 25:15

argue 45:1 56:18

arguments 59:2

as-is 34:4

assign 49:16

assigned 24:3 40:21 45:6,8 49:18

assigning 49:17,21

assignment 45:14, 18,21,25 46:16,23 47:6,12 48:11 49:5 51:14,25 52:20

assignments 56:16

associate 7:1

Association 38:14 39:1

assume 14:19 50:15

assuming 13:23

attached 27:12,24 46:17,24

attempt 37:16

attorney's 58:8,12, 16

authority 42:3,20

authorized 7:4

aware 38:23 40:22, 23 41:15,17,20 42:24 43:8

B

BAC 25:16,17 52:5

back 41:12 44:15

balance 15:19

bank 6:24 7:5,7,9, 14,16,23 8:2 13:7 14:11,13 15:25 16:1, 5 22:18 25:12,17,21 32:22,25 33:5,11 34:2,4,8,10,20 36:6, 8,18,21,24 41:22 44:1,2 52:4,6,8,19

56:17

bank's 7:12 16:19 31:13 44:10

based 23:2,4 31:15

basis 24:6

beat 30:11

begin 4:12

behalf 7:4 48:14,18 49:19,21 50:20

benefit 14:11

big 57:9,12

bit 21:3,4

blank 24:8,16 25:9

block 50:7,22 57:12

bogged 27:17

book 11:9

books 33:15

borrower 7:20 12:22 54:1,3,11,19, 21

borrowers 24:19

bottom 53:5

Box 17:21 18:2 30:3 31:5,9

breach 12:23,25

briefly 30:25

bring 42:12

brought 36:10,12 42:10

bulletproof 58:6

bunch 56:25

business 7:12,21,24 13:9 14:15,16 22:19, 20,23 24:14,21 25:6 26:22 28:18,20 31:12,14,19,22 42:4, 20 51:4,7,9 52:3 54:18

C

C-h-a-d 4:19 6:5

BANK vs. LINDA A. NASH�HEARING Index: $2,346.59..C-h-a-d




call 5:20 12:23 55:19 56:3,7

called 12:25

capacity 18:14

care 8:25

case 19:12 46:4 55:7 56:6,15 57:18,19,24 58:1,17,25

caseload 7:3

catch 41:6

certified 32:2

Chad 4:19 6:4,16,22

chain 57:3

chance 15:10 26:14

changed 25:16

charges 16:3

check 51:21

chief 55:7

clear 51:12

clerk 5:22 10:8,16, 21

clerk's 10:15

client 42:6

closing 20:2 53:24 54:5

collateral 39:24 40:12

commencement 14:12 25:15 40:7

comment 21:21

common 36:17

commonly 13:8 14:14

complaint 38:12,13 39:19 43:7 46:17,24

complete 26:9

completed 53:15

completely 22:21 44:6

concerned 57:10

concluded 59:13

concludes 55:7

conclusion 12:13

condition 57:6

conducted 7:24 13:9 14:15

content 11:22

continue 27:21

contradictory 56:25

copies 9:2

copy 9:4,13,19 11:6 12:1,20 13:4 14:9 27:8,12,14,16 28:12 32:25 33:2 46:23

corp 29:18,22

corporation 18:25 19:9,19 21:7,12,16, 25 22:17,23 24:14 26:1,2,25 29:9,15, 19,22,23 40:24 41:21,25 42:3,4,19, 21 45:8 48:1 49:25 50:5,8,20,23

corporations 29:18

correct 6:6 13:4 19:10 26:18 31:17 32:23 51:8

costs 58:8

counsel 4:17 5:15 6:7 9:2 13:16 15:12 18:24 26:8 28:6,9 30:20 40:8

counsel's 36:11 37:15 55:7

Counselor 34:23

Countrywide 17:23 18:1 22:17,19,20 23:10,24 24:1,13,23 25:1,3,8,11,13,14 26:18,19,20,21,23 28:17,19,20 30:15, 18 33:4,7,12,14 34:6,13,21 35:19 36:7,19,21,25 41:21 44:1 48:5 51:6,7 52:3,4 56:18 57:8

Countrywide's 33:22 51:7 57:22

County 11:9

Countywide 23:23

court 4:2,13,18,21 5:1,4,6,10,19 6:2,5, 7,10,13,15 8:10,18, 22,25 9:3,4,8,12,14, 18 10:1,3,8,17,19,22 11:4,17,20,23,25 12:4,7,11,13,19,23 13:2,16,20,23 14:2, 6,19,22 16:7,12,15, 23 17:4,6,9 18:17,21 19:3,15,17,21 20:4 21:2,10,15,18,21 22:5,13,25 23:2,11, 14,16,21,24 24:1,3,9, 12,16,18,23,25 25:5, 8,11,19,22 26:4,7,10, 13 27:8,9,17,21,25 28:3,10,12,16,20,24 29:4 30:10,16,20,22 32:4,8,15 33:3,9,13, 18,24 34:8,12,15,22 35:1,7,12,14,18,24 36:3,13,17,23 37:1, 6,12,17,18,22 38:1,4, 8,18 39:5 40:4 41:1, 3,6,10 42:8,11,12,22 45:1,3,12,17,20,23 46:2,4,7,14,18,20 47:5,9,17,20 48:4,9, 17,23 49:13 50:12, 14 51:11,16,19 52:13,22 53:2,13 54:5,14,21,24 55:2, 4,8,10,13,16,23,25 56:9,12,15 57:16 58:9,12,20,25 59:6, 10

courtroom 46:15

covered 38:7

created 53:21

credible 36:15

cross-examination 37:4 38:2,10

cross-examine 12:9 38:5

cured 15:8

current 6:23 15:3

cut 16:7

D

D-o-m-i-n-i-q-u-e 4:16

database 34:2,3,5, 10,24

date 14:12 15:7 39:6, 22 43:11,16 57:14

dated 12:21

day 8:16 33:1

days 23:13

dead 30:12

December 12:21 31:4 32:1

default 7:4 13:12,13, 15 15:5,8 17:1 31:20 57:5

defendant 4:23 11:10,13 13:5,12 15:16,24 57:18,24

defendant's 5:1 38:2 46:22 49:11 50:10

defendants 14:25 15:7

defendants' 48:21

defense 5:17 26:8 28:9

defenses 48:21 49:11 50:10

delivered 19:24 24:5

denial 50:15

desk 10:15

determined 37:20

difference 22:22

difficulties 57:20

dire 12:9,14 16:25 17:6,11 22:5 25:23 26:11,13 30:22

direct 6:19 38:17 41:9 45:19,22

direction 21:3

dired 38:4

discuss 4:7 59:6

discussed 13:9 14:15

dismissing 58:1

dispute 58:18

division 56:20

document 4:9 7:6 8:12,14,16 9:6,17 10:25 11:2,4 12:17 13:7,18 14:8,13 31:11,16,18,23 40:2 43:20,21 47:1 52:7, 17 53:19 57:23

documents 5:10 7:17,23 16:24 20:6, 10,16 30:25 37:5,14 57:1

Dominique 4:15

due 15:5,15,19,21,23 16:17 20:25

duly 6:17

duties 7:9

E

Electronic 48:25

employed 33:15 35:20

employer 6:23

end 27:18

endorsed 23:16 24:7,16 25:9

endorser 24:11

entertain 58:20

entitled 16:25 43:23 59:1,3

entitlement 58:23 59:6

entity 18:15 22:20 23:23 25:3,5 28:21,

BANK vs. LINDA A. NASH�HEARING Index: call..entity




22 30:1 36:7 48:14, 18

entries 16:9 32:24 34:6

escrow 14:11

established 21:13

event 8:6 35:16

eventually 24:7

evidence 4:3 9:24,25 10:4 12:6,8 13:22 14:18 21:16 22:10, 16 25:25 37:10,19, 25 40:23 42:2,18 44:8 51:14,17,19

exact 24:11 34:3,19, 20 39:2,6,22 43:11, 16

examination 6:19 45:22 53:3

Excuse 18:3

executed 11:7 19:23

Exhibit 8:13 9:24 12:6 13:22 14:18 17:17,19 32:21 37:24 46:23 52:25

exhibits 4:24 37:9, 10

exists 42:2,18

explain 7:14

external 44:8

F

fact 12:1 36:14 37:20

fairness 56:23 57:19

familiar 7:10 23:3 35:20 38:15

Fannie 39:7,16,20, 22 40:10,13,15,18,21 43:4,5,19 44:22 53:7,10

fault 57:21,22

favor 57:17,24

faxed 33:1,2

February 6:13

Federal 38:13,25

fees 16:5 58:8,12,16

fictitious 51:4

figures 15:11,14 16:20

file 9:5,14 39:24 40:12

filed 6:13

final 15:15 58:1,5

financing 54:10

finding 57:24

finish 21:10,21 25:22 26:13

fixed-rate 53:7

Florida 31:5 32:1 40:25 42:4,5,20,21 53:7

forced 36:7,10,18,22 56:18,19,21

foreclosure 7:11 40:7 56:20

formation 25:25

formed 22:1,10,17, 19 41:21,24

frame 35:22

fraudulent 55:21,24

Freddie 53:8

free 55:10

front 17:15,19 27:25 45:15

funds 53:16,18,20 54:12,20,22

G

gave 8:18

general 50:14

generated 32:22

give 5:23 10:8,17 26:14 27:16 46:24 56:5 57:14

giving 20:17 21:2

glad 58:9 59:1

God 5:25

good 56:22

H

Habbo 48:12

Haddaway 5:9

happy 58:16

hear 44:14 58:9

heard 55:14 57:10

hearing 58:10 59:4

held 23:5 57:14

history 7:21 14:9 16:11 17:2 54:19,23

holder 45:6 52:18

holders 57:3

home 17:23 18:1 23:10,25 24:13 25:3, 14,16,17 26:19 30:18 32:22 33:7 52:5

Honor 4:23 5:5,9,15, 17 6:9,12,13 8:8,20 9:7,15,23 10:2,6,10, 11,16,23 11:16,18 12:2,5,10,12,15 13:19,21 14:1,3,4, 17, 16:21,22 17:8 19:2,19 21:9,17 22:3,12 26:6,15 27:10,14,20 28:6 30:8,21,25 34:18 36:9,16,20 37:3,8, 11,13,23 38:3,16 40:3 41:2,8 42:6,9, 11 45:2,10,16,18,22, 25 46:17 48:15,19 49:10 50:9 51:13,18 52:24 53:1,11 54:13 55:1,6,9,12,19 56:10 58:7,19,24 59:5,9,11

horse 30:12

I

idea 39:10

identification 4:7 5:2,11

identify 9:17

identifying 4:11

important 36:14

impression 20:7

improper 16:13

inappropriate 16:13

included 45:22

Including 17:9

incorporate 58:4

Incorporated 49:1

indicating 29:12

information 35:2 55:17

insert 58:2

instance 33:2

instructed 51:24

instrument 53:6,8

intelligently 4:8

intend 4:3

intent 7:19 12:20 13:1,5,11,13 31:2,8, 21

interest 15:21 43:3

internal 44:5,7

internally 43:25 44:4

introduce 4:3,12 46:1

introduced 5:12

introducing 45:24

investor 39:7,23 40:13 43:6,18,24 44:23 53:9

issue 9:3 11:17,21,25

12:2

issues 11:18

J

job 7:2

John 4:22

Judge 17:3 46:10,17 51:21 56:8,14 58:22 59:12

judgment 15:14 16:20 58:1,5

July 25:16 33:2

K

keeping 36:4

kinds 11:23

knowledge 8:6 18:13 31:16 35:3,8 36:17 37:16 57:8

L

label 4:5

labeled 13:1

lady 5:6,8

language 11:21

law 18:25 27:11,12, 15 28:7,8

laws 19:10 29:9

lawyers 4:10

leading 54:13

legal 24:6 28:21

legitimate 38:18 48:17

lender 17:16 18:3,5, 7,8,9,11,17,18,19,20, 25 19:8,12,15,16,18, 24, 21:25 22:17 23:8,9,19 24:15,22 25:2 26:1,21,22,24 27:5,6 28:16 29:12, 13 30:5 40:24 41:4, 5,20,25 42:3,19 45:7

BANK vs. LINDA A. NASH�HEARING Index: entries..lender




47:23 48:1 49:2,22, 24 50:1,2,4,17,23,25 52:19 53:25

lender's 40:24 41:17

letter 7:20 12:21,24 17:1 31:13 32:3 57:5

letterhead 31:7

license 40:25 41:17

Linda 4:23 9:22 11:7,10,13

list 30:18

listen 58:21

lists 17:21 30:3

loan 7:10,13,15,16, 22 14:10 15:4,5 17:22,23,25 18:1,18 20:5,11 22:1 23:10, 25 24:13 25:14,16, 17 26:19 30:2,4,17 31:20 33:7 35:5 38:12 39:8,23,25 40:6,13 43:6 52:5 53:15,16

loans 25:3 30:18 32:22 34:5,7

long 8:25

longer 36:1 46:7

looked 52:20

loud 47:19

LP 17:23 18:1 23:10, 25 25:14,16,17 26:19 30:18 33:8 52:5

M

Mac 53:8

made 8:5 17:13 30:10 32:24 33:3,4 34:6,8,19 35:2,7,14, 15 53:21 55:25

Mae 39:7,16,20,22 40:11,13,15,18,21 43:4,5,19 44:23 53:8,10

mail 31:18,20 32:2

mailed 24:5 31:24, 25 32:3

mailing 31:9,13

maintain 7:3 34:10

maintained 33:12 34:3 39:24

maintenance 43:24

make 6:10 8:3 14:25 57:22 58:5 59:2

makes 57:15

manner 4:24

manual 33:21

manuals 33:19

Margarita 48:12

marked 5:1 8:12,20 46:22

meaning 32:7

memorandum 27:11,12,15 28:7,8 58:3

merged 25:17 34:5 36:21,23 52:6

mergers 25:21

MERS 49:7 51:24

met 57:7

method 34:21

mind 55:25 57:13

minute 48:4

moment 38:9 46:25 51:21 56:8

money 53:22

morning 27:11

mortgage 4:4 6:14 7:1,19 11:6,8 17:1 18:6,7,8,14,24 19:9, 20,23 20:14,18,22,25 23:5 25:1 26:5,17 27:2,3,7,13,24 28:5, 13 29:6,8,14,16,21, 25 32:13 38:14 39:1 40:17,19 43:3 45:6, 7,15,19,21,25 46:16,

23 47:3,8,10,12,14, 25 48:2,7,11,25 49:4,7,15,22,23 51:14 52:2,18 54:9 55:21 57:3,6

mortgages 29:1,5

motion 58:23

multiple 45:10,12 48:7

mystery 57:9

N

N.A. 25:18 52:6

Nash 4:23 5:5,6 9:22 11:7,10,13 12:22 23:6 31:3,25 32:12 55:20

Nash's 31:9

National 38:14 39:1

nature 58:18

nominee 49:1,17,19

non-deliverable 32:16

nonexistent 21:7, 12,16

Nos 37:24

notates 18:1

note 4:4 6:14 7:19 9:8,19,21 10:4 15:1, 19 17:3,4,13,15,21, 22,24 18:2 19:23 20:13,15,19,20,21, 22,25 23:16 24:10, 19 25:1,9 26:17 27:13,24 29:25 30:7, 15 38:14,25 39:15, 18,20 40:2,14,16 43:3,8,10,13 47:3,7, 9,14 52:2,4,8,10 53:6,7,9,20,21,22 54:1,3, 57:11

notes 16:24 38:7

notice 7:19 12:20 13:1,4,11,13 31:2,7, 20

notifies 13:15

November 15:6

number 35:5

numbers 15:18

O

oath 6:17 39:13

object 13:24 48:19 49:10

objected 16:25

objecting 14:20 36:9 48:15

objection 10:1 19:2 21:9 22:3,12 30:8 36:9,22 37:13,15 38:16,19 40:3 41:2,8 45:10,16 48:23 50:9 54:13

objections 13:24 14:2

objects 28:7

obliged 14:25

obvious 54:14 55:20

occurred 35:15,16

offer 9:24 12:5 13:22 14:17

opening 6:10

operating 25:3,5

opportunity 12:9 28:8

opposing 36:11

organization 57:9

original 6:14 9:13 17:16,22,25 18:4,17, 20 19:15,16,25 23:8 24:18,19 27:5 29:11, 13 39:24 40:2,19 45:6 49:22,23 52:18

originals 6:12

originated 23:19 34:5,7

origination 20:8 47:16,18,22

originator 24:25 29:6

overrule 38:19

Overruled 22:13 39:5 40:4 41:10 49:13 50:12

overruling 48:23

owing 15:15,23 16:17

owned 38:12 47:15

owner 38:14 39:20 43:7,10,12 44:23 47:3,21 49:4,7,15,19

ownership 52:8

P

P.O. 17:21 18:2 30:3 31:4,9

pages 11:9 33:6

paid 14:11 15:25 16:1,5

paragraph 18:12 20:13,23,24 38:13

paralegal 5:8

Pardon 14:22 45:20

Park 31:5 32:1

part 44:2 52:11,13

party 45:9

payable 17:13,24 26:5 30:1,2,7,15

payee 24:19

payment 4:4 7:20 14:9,25 15:6 16:8,11 17:2 20:12 32:20,21 35:4 36:2 54:19,23

payments 14:10 17:21 18:2 20:13,24, 25 30:3,19 32:24, 35:25

pays 32:25

people 32:23

perfect 56:17

BANK vs. LINDA A. NASH�HEARING Index: lender's..perfect




person 8:6 35:2 48:13

personal 37:16

personally 31:18

personnel 35:21

ph 48:12

physical 39:17,23 40:5,12,16,19

picture 30:20 51:12

Pierce 4:21,22 5:3,5, 8,17 9:2,6,11 10:1,2, 11,17,18,20 11:17, 18,22,24 12:2,8 13:23 14:1,3,19,21, 23 15:12 16:23 17:3, 5,8,12 18:23 19:7, 16,19,22 20:9 21:2, 6,15,20,22,23 22:9, 15 23:1 25:22,24 26:5,12,16 27:8,10, 16,20,23 28:2,5,11, 15 29:2,7 30:13,14, 21,24 31:1 32:9,10, 18,19 37:1,3,13,21 38:6,9,11,21 40:9 41:4,11,12, 42:16,17 43:1 44:15,18 45:4, 5,17,24 46:3,6,8,9, 12,16,19,21 47:7,11, 13,24 48:10 49:3,14 50:16,18 51:10,11, 18,21,23 52:15,16,23 54:13,25 55:1,13,15, 19 56:8,10,14 57:25 58:7,11,15,22 59:9, 12

Pierce's 8:22

place 47:4

plaintiff 4:14,17,20 5:19 6:7 57:12

plaintiff's 4:5 5:15 8:13,18,21, 9:24 10:4 12:6 13:22 14:18 28:6 37:9,24 55:7

plans 5:19

platform 34:1

pleases 44:16

point 30:10

policies 33:19,21,23

policy 35:11

position 21:24 44:13

possession 39:17,23 40:2,6,12,16,19

posted 36:1

practice 8:2 14:16 31:20

precedent 57:6

preferred 31:9

preparation 7:17

prepare 58:1

present 20:2 23:6

pretty 55:25

previously 13:9 14:15 18:4

principal 15:19

prior 31:12

problems 4:10

proceed 5:14,16,18 6:8 56:5,11,12

proceedings 59:13

produced 43:25

promissory 9:8 10:4

properly 57:23

property 9:20 11:7 14:12 54:10,12

prove 57:19

purpose 54:9

purposes 4:7 5:2,11

pursuant 41:5 58:8

put 58:4

putting 51:16

Q

question 16:13 18:22 19:5 20:7 22:21,25 29:11

32:14 36:13 38:16, 39:18,21 40:1,14 41:11,12,14 42:13, 15 44:6,7,13,14,15, 17 45:3,17 46:25 47:20 48:17 49:6 52:12

questioning 36:11

questions 16:21 26:10 28:1 37:2 39:13 45:11 48:16, 20 55:5

R

read 13:16,17,18 27:3,18 41:12,14 44:15,17 48:7 58:3

reading 29:8 31:15

ready 5:14,16,17 55:16 56:5,6,10,12

realize 21:11

reasons 58:2

rebuttal 52:24

recall 50:5

receipt 32:2,4 57:5

receive 37:18 53:16 54:11 59:2

received 10:3 12:8 14:11 20:5 32:4,12, 25 33:22 35:25 36:1 53:18,20,22

receiving 54:20

recite 18:12,24 23:5 29:21

recited 18:6 19:9,20

recites 29:9 38:12,13 43:7 50:16

reciting 31:15

recognize 8:13 11:2 14:8

record 4:9 6:2,21 13:8 14:14 16:7,8 32:11,20,21,23 43:25 44:3,5,7,22,24 51:12 56:15 57:22

recorded 9:14 11:6, 8

recordkeeping 7:7 33:10

records 4:4 7:12,21 8:3,5 20:4 23:3 31:8, 12,14,19,23 33:3,15, 25 34:4 43:14,17,18, 20 44:2,11 54:19

recoverable 16:6

recovery 58:8

REDIRECT 53:3

refer 24:10

referenced 20:13, 19,20,21

referencing 20:12

referring 4:10 47:16 48:6

reflect 43:14,17,18 54:19

Registration 49:1

regular 8:2 36:4

regularly 7:24 13:8 14:14

relate 28:3

related 7:13,15,21 20:24 41:22

relationship 40:13

relevance 19:2 21:5, 6 41:8

relevant 19:4

rely 44:8

relying 39:19

remind 39:12

renew 37:6

repeat 41:1

Rephrase 45:17

reporter 4:13

reports 34:13

represent 4:14

representative 4:20

representing 4:22 9:12

request 14:5 37:8

requested 33:1

required 7:6

reserve 12:7 13:24 14:20

resolution 7:1

response 28:9

responsibilities 7:2

restate 41:11 42:15

resting 55:8

returned 32:6

review 15:10,18 17:17,20 23:2,4 28:8 32:2 42:10 46:11

reviewed 7:12,17,19 15:14 35:11 44:10

role 39:7

rule 12:14 55:16 56:13,14

ruling 12:7 13:25 56:6 57:17

run 46:4

S

satisfaction 21:13

satisfied 57:4,7

scanned 31:13

scope 22:7 38:17 41:9

secure 54:10

Seminole 11:8

sequence 4:6

serviced 25:14,20 52:5

servicer 7:16 17:22, 25 20:5,11 21:1 30:2,4,17 39:25 40:6

servicing 7:21 17:23 18:1 23:10,25 24:2

BANK vs. LINDA A. NASH�HEARING Index: person..servicing




25:14,16,17 26:19 30:18 33:7 43:18,20 44:2,10 52:5

set 58:9

short 16:7

show 20:4 31:23,24, 25

showing 4:9 8:12 46:14

shown 16:9

sides 5:14

sign 51:24

signature 50:7,22

signed 9:21,22 23:6 32:7 47:15 48:11,13, 49:18 50:19

signing 47:7,9,14 49:19

single-family 53:7

sir 4:18 5:3 17:24 18:3,13,24 19:16 20:14,23 21:6,20,22, 24 23:1 26:12,24 27:4,7 28:2,15 29:3, 8 30:4 31:2,6,22 32:14,23 37:21 38:6, 15,22 39:12,19 40:1, 14 42:16 43:7,20 44:12,14,24 46:19, 22 47:11,14 49:16 50:19 52:12,23 58:11,15

sitting 56:20

solemnly 5:22

speak 45:15

special 59:4

specific 30:19 33:1, 23 35:5 52:9,10

speculating 34:15, 17 35:9

spell 57:2

spelled 4:16

stand 5:21 55:11

standard 14:16

31:19,22 35:17,18, 19

staple 10:12

stapler 10:11,14

start 4:14

state 6:2,21 19:1, 29:10 41:18

stated 13:13 17:25 18:4 27:5 29:13 31:7 43:5,11 49:22,23

statement 6:11 21:10

states 19:6,11 29:17 48:2,7 50:1,5

status 15:3

statute 42:5,9,21

step 55:10

stipulate 54:21,24

straight 9:1

struggling 21:4

stumbling 57:12

subject 7:10,13 9:19 11:7 14:10 39:7

submit 21:15 27:10 28:9

submitted 28:10

submitting 28:11

substantial 58:17

sway 55:24

swear 5:22

sworn 5:21 6:17 39:14

system 7:7

Systems 49:1

T

takeover 36:8

takes 13:20

taking 56:18

talk 26:14

talking 4:9 19:15 36:6 39:17 47:5

taxes 15:25 16:1

telling 20:19

terms 41:5

testified 6:17 23:3 26:25 27:1 29:13 32:15 33:20 34:19 43:2 48:4

testifies 51:3

testify 7:4 36:5 37:16 55:22 56:2

testimony 5:23 17:9 21:12 34:23 36:15 39:14 54:6 55:23 57:16 58:21

thereon 16:9

things 11:23

thinking 47:19

three-and-a-half 33:6

time 5:12 8:5 9:23 13:20 14:4 19:24 20:6 21:19 23:5,6 31:12 35:14,16,22 36:1 47:4,15 49:5,7, 8 53:24

times 48:8

title 6:25

titled 20:24

today 7:18 10:25 11:14 28:10 33:20 42:11 58:10

today's 14:12 15:7

total 15:23 16:17,19

Tracy 5:9

training 33:19,21

transaction 47:4,5 53:16, 55:21

transfer 26:20,21,23 40:7 44:3

transferred 38:25 39:16,21 40:10,15, 17 52:3,17

transferring 52:7

transmitted 35:2

trial 7:18 8:16 10:25 27:19 37:10

trier 36:14 37:20

troubling 57:16

true 9:4 12:1 13:4

truth 5:24

turned 54:5

type 7:23 13:7 14:13 53:6

typical 59:8

typically 12:25 29:20

U

undeliverable 32:7

understand 18:16 22:21,22,24 23:21 30:10 33:13 36:15, 20 39:18 44:6 45:23 50:21 57:8,20

understanding 28:25 29:20 35:10

uploaded 31:13

V

verify 16:10

voir 12:9,14 16:25 17:6,11 22:5 25:22 26:11,13 27:21 30:22 38:4

W

wanted 27:20

weight 37:19

Wholesale 17:16 18:5,9,11,19 19:8,18 21:25 22:16 23:9,19 24:15,22 25:2 26:1, 21,22,24 27:6 28:16 29:12 30:4 40:24

41:4,20,24 42:3,19 45:7 47:23,25 49:2, 24 50:1,3,17,22,25 52:19 53:25

Winter 31:5,25

witnesses 58:20

word 21:18 36:10,22

work 56:24

worry 28:14

Y

Y-o-u-n-g 4:17

year 22:1

years 56:21

York 19:1,10,19 22:1 24:14 26:1,25 29:10 40:24 41:21, 25 42:3,4,19,20 45:8 48:1 49:25 50:6,8, 20,23

Young 5:15 6:9,12, 20 8:8,11,20,24 9:10,15,16,23 10:6, 10,23,24 11:16 12:5, 10,12,15,16 13:3,19, 21 14:4,7,17,24 15:13 16:16,21 19:2 21:9 22:3,12 26:8,15 27:14 28:6 30:8 34:18 36:9,16,20 37:8,23 38:2,16 40:3 41:2,8 42:6,9 45:2, 10,16,18,21 46:11,13 48:15,19 49:10 50:9 51:13 52:24 53:4,11, 14 54:8,17 55:3,6,9 58:19,23 59:5,11

BANK vs. LINDA A. NASH�HEARING Index: set..Young


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IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL …homeownerslegalrights.com/wp-content/uploads/2015/10/Transcript-of... · case no. 59-2011-ca-004389 division 14-k plaintiff’s