Patricia.berner 112911 Mini

8/3/2019 Patricia.berner 112911 Mini

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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

CASE NO. 2009-20620-CA

DEUTSCHE BANK NATIONAL TRUST COMPANY,

AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN

TRUST MORTGAGE LOAN PASS-THROUGH

CERTIFICATE, SERIES 2007-5,

Plaintiff,

vs.

EIDA GAYON, et al.,

Defendants.

________________________________________/

DEPOSITION OF

PATRICIA BERNER

TAKEN ON BEHALF OF THE DEFENDANTS

November 29, 2011

2:09 p.m. - 2:47 p.m.

20801 Biscayne Boulevard

Suite 202

Aventura, Florida

Bonnie Schwartz, Certified Shorthand Reporter

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1 INDEX OF EXAMINATION2 WITNESS PAGE

PATRICIA BERNER3

4 DIRECT EXAMINATIONBy Mr. Trent 5

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21 APPEARANCES OF COUNSEL2 For the Plaintiff:

GLADSTONE LAW GROUP, P.A.3 Jessica Serrano, Esquire,

Danielle DeLucca, Esquire,4 1499 West Palmetto Park Road

Suite 3005 Boca Raton, FL 33486

[email protected]

6 [email protected] For the Plaintiff:AKERMAN SENTERFITT

8 Jeffrey T. Cook, Esquire,One Southeast Third Avenue

9 25th FloorMiami, FL 33131

10 [email protected] For the Defendants:

KENNETH ERIC TRENT, P.A.12 Kenneth Eric Trent, Esquire,

831 East Oakland Park Boulevard13 Fort Lauderdale, FL 33334

[email protected] ALSO PRESENT:16 Osvaldo Gayon17

1819202122232425

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2 INDEX TO EXHIBITS3

Defendants'4 Exhibit Description Page5 1 Notice of Taking Deposition 66 2 document 257

(Exhibits were retained by Counsel.)8

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Patricia Berner November 29, 2011

Toll Free: 800.211.3376Facsimile: 305.493.3322

Aventura Corp. Center I, Suite 202

20801 Biscayne BlvdAventura, FL 33180

www.esquiresolutions.com


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1 DEPOSITION OF PATRICIA BERNER

2 November 29, 2011

3

4 THEREUPON:

5 PATRICIA BERNER

6 having been first duly sworn, testified as follows:

7 DIRECT EXAMINATION8 BY MR. TRENT:

9 Q Good afternoon.

10 A Hi.

11 Q State your name and business address,

12 please?

13 A Patricia Berner, 4875 Belfort Road,

14 Jacksonville, Florida 32256.

15 Q How do you spell your last name?

16 A B-E-R-N-E-R.

17 Q Who is your current employer?

18 A American Home Mortgage Servicing, Inc.

19 Q How long have you been employed by American

20 Home Mortgage Servicing, Inc.?21 A About 16 and a half months.

22 Q Let me just give you a little introductory

23 spiel. My name is Kenneth Trent. I represent the

24 defendant in this case, Eida Gayon. And we are here

25 pursuant today pursuant to a Notice Of Taking

7

1 A Right there.

2 Q Right there. Do you see that, deponent?

3 A Okay.

4 Q Are you the representative of the

5 plaintiff --

6 A Yes.

7 Q -- about the loan at issue in this case?8 A Yes.

9 Q Tell us what your relationship is or how it

10 is that you are representative of Deutsche Bank

11 National Trust Company as Trustee for the Harborview

12 Mortgage Loan trust?

13 A American Home Mortgage Servicing is the

14 servicing agent for the loan.

15 Q Right, but I'm asking how you are a

16 representative of Deutsche Bank National Trust

17 Company as Trustee?

18 A I am employed by American Home Mortgage

19 Servicing Inc., and we're the servicing agent for the

20 loan.

21 Q Well, you're still not telling me what your

22 relationship is, Ms. Berner, to Deutsche Bank

23 National Trust Company as Trustee. Would you please

24 tell me what your relationship is to Deutsche Bank

25 National Trust Company as Trustee?

6

1 Deposition which I do have three copies of

2 miraculously enough.

3 While I'm marking this as an exhibit, let

4 me just ask you whether you've ever had your

5 deposition taken before?

6 A Yes.

7 Q Approximately how many times?8 A Half a dozen or so.

9 MR. TRENT: First of all, Counsel, if

10 you could state your appearance and who it

11 is that you're representing here?

12 MR. COOK: Sure. My name is

13 Jeffrey Cook of Akerman Senterfitt. And I'm

14 making an appearance on behalf of the

15 plaintiff.

16 (Thereupon, Defendants' Exhibit Number 1

17 was marked for identification.)

18 BY MR. TRENT:

19 Q Ma'am, if you could take a look at this,

20Exhibit 1, and tell me whether you've seen that

21 before?

22 A Yes, I have.

23 Q Do you see where it says deponent about

24 two-fifths of the way down the page in the left-hand

25 column, deponent?

8

1 A We're the servicing agent for the loan.

2 Q You said you're employed by American Home

3 Servicing Inc. Are you also employed by Deutsche

4 Bank Trust Company as Trustee?

5 A No.

6 Q Do you have any contractual relationship

7 with Deutsche Bank National Trust Company as Trustee?8 MR. COOK: Object to the form. You can

9 answer.

10 THE WITNESS: American Home Mortgage

11 Servicing is the servicing agent for the

12 bank. We have power of attorney to act on

13 their behalf to service the loan.

14 BY MR. TRENT:

15 Q And do you, Ms. Berner, have any written

16 authorization that allows you to give testimony on

17 behalf of not American Home Servicing, but Deutsche

18 Bank as Trustee?

19 MR. COOK: Object to the form.

20 THE WITNESS: We have power of

21 attorney. We service the loan. We have

22 power of attorney.

23 BY MR. TRENT:

24 Q Ma'am, when you say we, you're referring to

25 American Home Servicing, correct?







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1 A Yes.

2 Q I'm asking about you, Patricia Berner.

3 Ma'am, the question is do you have any written

4 authorization from Deutsche Bank National Trust

5 Company as Trustee For Harborview Mortgage Loan

6 Trust, et cetera, that allows you to speak on behalf

7 of that entity or to give testimony in this case on8 behalf of that entity?


10 THE WITNESS: I don't understand what

11 you're talking about.

12 BY MR. TRENT:

13 Q How is it that you -- Ms. Berner, are you a

14 representative of the plaintiff named on Exhibit 1?

15 A We have power of attorney to act on their

16 behalf.

17 Q Did you speak with someone from

18 Deutsche Bank National Trust Company to learn what

19 Deutsche Bank National Trust Company's perspective is

20 on this loan or this litigation?21 MR. COOK: Object to the form.

22 THE WITNESS: No.

23 BY MR. TRENT:

24 Q I mean, my instinct is to go off the record

25 and discuss this with Counsel.

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1 However, in the interest of since we have

2 everyone here, we will continue at this

3 point.

4 MR. COOK: Your objection is noted for

5 the record. And we will take it up with the

6 Court if needed.

7 MR. TRENT: Absolutely, thank you.8 BY MR. TRENT:

9 Q So, Ms. Berner, what is your position at

10 American Home Servicing, Inc.?

11 A I'm a Foreclosure Special Assets Specialist

12 II.

13 Q Foreclosure Special Assets Specialist?

14 A Um-hum.

15 Q II?

16 A Um-hum.

17 Q And what are your job duties as a

18 Foreclosure Special Assets Specialist II?

19 A We handle contested foreclosure files,

20assist the attorneys in resolution. We prepare for

21 depositions. We prepare for trials at court. We

22 work towards resolution.

23 Q I'm sorry, where is your office located?

24 A Jacksonville, Florida.

25 Q Who was your employer prior to American

10

1 MR. TRENT: If you want to have a

2 discussion on the record, we can have it on

3 the record.

4 MR. COOK: We can have it off the

5 record to start.

6 MR. TRENT: Okay, let's go off the

7 record.8 (Thereupon, a discussion was held off the

9 record after which the deposition continued:)

10 MR. TRENT: The defendants object to

11 Ms. Berner being designated as the

12 representative of the plaintiff with the

13 most knowledge in this matter. And by

14 continuing with this deposition, the

15 defendant does not waive a Motion to Compel

16 or other vehicle which it will seek again to

17 obtain the testimony of the representative

18 of the plaintiff with the most knowledge.

19 I think what we have here is a

20representative of a representative of the21 plaintiff. And that I don't believe is

22 within a well understood definition of a

23 representative when used in notices of

24 taking deposition nor is it within

25 contemplation of the Court's order.

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1 Home Servicing, Inc.?

2 A I was unemployed for six months. And prior

3 to that I worked for a foreclosure trustee up in

4 Virginia for just about five years.

5 Q And who was that foreclosure trustee?

6 A It was Specialized Inc. of Virginia.

7 Q When you say foreclosure trustee, what do8 you mean?

9 A Virginia is a deed of trust state. And the

10 foreclosures go through a trustee rather than the

11 courts.

12 Q It's a non-judicial state?

13 A It's a non-judicial state, yes. So it's a

14 trustee office that did foreclosures.

15 Q Let me ask you this: When you first became

16 employed by American Home Servicing, Inc., what was

17 your title?

18 A We were default litigations specialists.

19 Q When you say we, what do you mean because

20 I'm asking about you in particular?

21 A Well, our whole department. And then they

22 changed our titles. The company, they changed our

23 title to Foreclosure Special Assets.

24 Q What training did you receive at the time

25 upon coming to work for American Home Servicing,







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1 Inc.?


3 BY MR. TRENT:

4 Q Just take me, if you could, briefly through

5 the process of orientation and training for your

6 position.

7 MR. COOK: Object to the form.8 THE WITNESS: Most of our training is

9 proprietary. I have been involved in the

10 title insurance and mortgage servicing of

11 the foreclosure business for almost 30

12 years.

13 BY MR. TRENT:

14 Q Well, unless your attorney instructs not to

15 answer, it is your responsibility. You're expected

16 to answer the questions that I asked.

17 So, if you could, please detail for me the

18 training you received from your employer upon first

19 coming to work for American Home Servicing, Inc.?

20 A Basically was about the company, who to go21 to for certain things, a little bit of their computer

22 system. I had previously had experience on most of

23 their software that we use for maintaining our

24 business records.

25 Q What else did your training entail?

15

1 Q When they taught you about your position,

2 did they teach you anything about assignments of

3 mortgages?


5 THE WITNESS: What do you mean teach?

6 BY MR. TRENT:

7 Q Did any part of your training or8 orientation with American Home Servicing, Inc.

9 involve the subject matter of mortgage assignments?


11 THE WITNESS: I don't recall.

12 BY MR. TRENT:

13 Q Do you have knowledge of the mortgage and

14 note that we are here on today?

15 A Yes.

16 Q Do you have knowledge of the foreclosure

17 litigation in which this deposition is convened?

18 A Yes.

19 Q Tell us your understanding of the course of

20the proceedings in this litigation.


22 THE WITNESS: The borrower signed a

23 mortgage and a note; subsequently defaulted.

24 A foreclosure action was brought. The issue

25 was contested. However, my understanding is

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1 A We're updated periodically with training

2 from outside sources and kept apprised of changes in

3 the industry.

4 Q Well, first of all, what was the software

5 with which you previously had experience?

6 A Our whole servicing system, MSP, desktop,

7 you know, Microsoft Word, Office, Excel.8 Q Any DOCX software, D-O-C-X?

9 A I'm not familiar with that, no.

10 Q Are you able to create assignments of

11 mortgages on the software that is utilized, that you

12 utilized or have access to at American Home

13 Servicing, Inc.?

14 A No.

15 Q Are you able to create any kind of

16 documents with that software?


18 THE WITNESS: I'm not able to create

19 any kind of documents.

20 BY MR. TRENT:

21 Q I mean, do you still use this software?

22 A Yeah, we monitor the accounts. And like I

23 said, we provide information to the attorneys, copies

24 of documents, information that we have in our records

25 to assist in getting the litigation resolved.

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1 that that part of it had been resolved and

2 that we obtained summary judgment.

3 BY MR. TRENT:

4 Q What issue was contested?


6 THE WITNESS: I don't recall

7 specifically.8 BY MR. TRENT:

9 Q Has anything transpired since summary

10 judgment as far as the litigation within the

11 litigation?


13 THE WITNESS: The depositions.

14 BY MR. TRENT:

15 Q What depositions?

16 A Mine and the deposition from the borrower.

17 Q Do you know why depositions are being

18 conducted?

19 A Yes.

20Q Why?

21 A You have issues with DOCX assignments.

22 Q Are you familiar with DOCX at all?

23 A A little.

24 Q What do you know about it?

25 A They were a third party vendor that







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1 American Home Mortgage had contracted with to prepare

2 assignments when needed.

3 Q Do you know whether American Home

4 Servicing, Inc. still has a business relationship

5 with DOCX?

6 A Yes, I do. And, no, we do not.

7 Q Do you know whether DOCX has changed its8 name?

9 A I'm not aware, no. I don't know.

10 Q Is there another vendor who has taken the

11 place of DOCX, to your knowledge, with regard to

12 American Home Servicing?


14 THE WITNESS: I believe that there is.

15 BY MR. TRENT:

16 Q And what's the name of that?

17 A I don't recall.

18 Q Do you have any knowledge of why American

19 Home Servicing, Inc. no longer does business with

20 DOCX?21 A There were deficiencies in the documents

22 that they were producing.

23 Q What sort of deficiencies in general?

24 A They weren't deficiencies. They weren't

25 prepared correctly.

19

1 A American Home Servicing, Inc. has not been

2 an owner or a holder of the note.

3 Q Tell me about American Home Servicing,

4 Inc.'s relationship with Deutsche Bank National Trust

5 Company as Trustee for the Harborview Mortgage Loan

6 Trust, et cetera?

7 A We're the servicing agent for the loan, the8 loan that's part of this trust.

9 Q And how do you know that?

10 A The loan schedule to the trust is part of

11 what's online at the SEC website. And I personally

12 went in and confirmed that this loan is listed on

13 that schedule.

14 Q Now, the loan schedule that you mentioned

15 is a part of what document on the SEC website?

16 A It's under the second listed FWP.

17 Q What is FWP?

18 A I don't remember what it stands for.

19 Q First of all, do you know whether there's a

20 pooling and servicing agreement that governs the

21 Harborview Mortgage Loan Trust Mortgage Loan

22 Pass-Through Certificate, Series 2007-5?

23 A Yes, there is.

24 Q Have you reviewed that pooling and

25 servicing agreement?

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1 Q Can you give me any more detail about that?

2 I'm not asking about this specific case yet. Just in

3 general what sort of deficiencies?

4 A Some of the assignments weren't properly

5 conveying the assignor/assignee appropriate parties.

6 Q As to the present mortgage that we're here

7 on today, do you know whether American Home8 Servicing, Inc. has ever had any ownership of the

9 beneficial interest in the payments due under the

10 note and secured by the mortgage?

11 A No, we're strictly the servicer.

12 Q So at no time has American Home Servicing,

13 Inc. actually owned any interest in the mortgage; is

14 that correct?


16 THE WITNESS: No, we have not.

17 BY MR. TRENT:

18 Q But what I'm saying is correct, right?


20BY MR. TRENT:

21 Q I mean, I said is that correct and you

22 said, no, we have not?

23 A Right.

24 Q So I just want to make sure the record is

25 clear.

20

1 A I've skimmed over it, yes.

2 Q Let me ask you this: Does the pooling and

3 servicing agreement contain any requirements as to

4 the manner by which loans are transferred into the

5 trust?


7 THE WITNESS: That I don't recall.8 BY MR. TRENT:

9 Q Does the pooling and servicing agreement

10 contain any restrictive dates by which loans, if they

11 are to be part of the trust, must be transferred into

12 the trust?


14 THE WITNESS: There's the opening and

15 closing date of the pool. And the loans are

16 in the pool as of the closing date. And the

17 original documents under Section 2.01 under

18 Section 2, I think it is, Article 2 states

19 that upon the closing date the note and

20mortgages are delivered to the trustee on

21 behalf of the holders of the trust.

22 BY MR. TRENT:

23 Q You say the loans are placed in the pool by

24 the closing date, correct?

25 A Yes.







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1 Q Isn't it accurate to say that the loans are

2 required to be placed in the trust by the closing

3 date?


5 BY MR. TRENT:

6 Q If they are to be a part of the trust?

7 A My guess, you could say that.8 Q I understand your answer to my question

9 about whether there are requirements for the manner

10 in which loans are transferred into the trust which I

11 guess can also be described as a pool. You know what

12 I'm referring to, correct?

13 A Yes.

14 Q Just assume for the purpose of this

15 question there are requirements by which loans are

16 transferred into the trust. Do you know what happens

17 if those requirements are not met?


19 THE WITNESS: No, that's beyond the

20 scope of my knowledge.21 BY MR. TRENT:

22 Q Isn't it a fact, ma'am, that any and all

23 assignments prepared by DOCX are problematic and

24 subject to being questioned? Let me rephrase.

25 Of course, anything is subject to being

23

1 A No.

2 Q Have you heard, read or seen that name

3 before?

4 A Yes.

5 Q In what context?

6 A The same. I've seen the name on

7 assignments.8 Q And isn't it a fact, ma'am, it's widely

9 understood that documents containing Korell Harp's

10 signature are questionable?


12 THE WITNESS: Yes.

13 BY MR. TRENT:

14 Q And you're aware that the assignment in

15 this case contains the alleged signature of both

16 Korell Harp and Tywanna Thomas?



19 BY MR. TRENT:

20Q Do you have any reason to believe that the

21 assignment in this case which contains the purported

22 signatures of both of those people is any less

23 problematic than the others of which you have general

24 awareness?


22

1 questioned including my vocabulary, but isn't it a

2 fact, ma'am, that there have been widespread

3 irregularities with assignments prepared by DOCX?


5 THE WITNESS: Yes.

6 BY MR. TRENT:

7 Q Now, do you know a person by the name of8 Tywanna Thomas?

9 A No.

10 Q Have you ever heard that name?

11 A Yes.

12 Q In what context have you heard or become

13 familiar with that name?

14 A I've seen her name on assignments that they

15 prepared.

16 Q That DOCX prepared?

17 A Yes.

18 Q Has it ever come to your attention that

19 there are some irregularities with assignments

20 allegedly signed by Ms. Thomas and prepared by DOCX?



23 BY MR. TRENT:

24 Q What about Korell Harp, K-O-R-E-L-L,

25 H-A-R-P? Same question. Do you know Korell Harp?

24

1 BY MR. TRENT:

2 Q Yes, let me try that again.

3 We agree it's widely understood that --

4 MR. COOK: If I may interject?

5 MR. TRENT: Sure.

6 MR. COOK: It would be helpful to show

7 her any documents with respect to this8 specific assignment at issue.

9 MR. TRENT: You know, I'm quite aware

10 that that is within my quiver of arrows, if

11 I choose to deploy that particular tactic,

12 but thanks for reminding me.

13 BY MR. TRENT:

14 Q Have you looked at the assignment in this

15 case in preparing for this deposition?

16 A Yes, I have.


18 THE WITNESS: Yes, I have.

19 BY MR. TRENT:

20Q Do you have any knowledge of the

21 circumstances under which it was executed?


23 THE WITNESS: Can you repeat that?

24 BY MR. TRENT:

25 Q Yes. Do you have any knowledge as to how







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1 that particular assignment came about?


3 THE WITNESS: How it came about?

4 BY MR. TRENT:

5 Q Yes. Isn't it a fact, ma'am, that this is

6 a DOCX assignment? I'll just hand you the exhibit.

7 MR. TRENT: It's Exhibit --8 THE WITNESS: Two.

9 MR. TRENT: -- two.

10 (Thereupon, Defendants' Exhibit Number 2

11 was marked for identification.)

12 BY MR. TRENT:

13 Q It has the Notice of Filing in the front,

14 but skip that.

15 MR. COOK: Do you want some time to

16 review the document?

17 THE WITNESS: I forgot the question.

18 BY MR. TRENT:

19 Q Isn't it a fact, ma'am, that this document

20 was prepared by DOCX?21 A Yes.

22 Q Do you have any knowledge of how it came to

23 be prepared other than knowing that it was prepared

24 by DOCX?


27

1 Q Just give me any knowledge that you have

2 about this document other than what we've already

3 covered and what it already says by its language.

4 MR. COOK: Objection. Asked and

5 answered.

6 THE WITNESS: What it says is that

7 American Home Mortgage Servicing, Inc. is8 the assignor to Deutsche Bank. And American

9 Home Servicing, Inc. has never been an owner

10 or a holder of the note. And, therefore,

11 they shouldn't have been put in, ever

12 assigned the mortgage in the first place.

13 BY MR. TRENT:

14 Q You mean the assignment?

15 A Yes.

16 Q Yes, American Home Mortgage Servicing, Inc.

17 is not the proper party to be assigning the note or

18 the mortgage to the trust, is it?

19 A No.

20MR. COOK: Object to the form.

21 THE WITNESS: No.

22 BY MR. TRENT:

23 Q You agree with me that that's not the

24 correct party, right?


26

1 THE WITNESS: What do you mean how it

2 was prepared or --

3 BY MR. TRENT:

4 Q Well, let me ask you this: We've

5 established that this was a DOCX assignment, correct?

6 A Yes.

7 Q We've established that it contains the8 signatures of allegedly Korell Harp and

9 Tywanna Thomas, correct, among others?

10 A Yes.

11 Q Do you have any additional knowledge about

12 this assignment other than those two facts and what

13 the document says on its face?


15 THE WITNESS: I'm not really

16 understanding what you're really asking.

17 BY MR. TRENT:

18 Q I mean, tell us all the knowledge that you

19 have as representative of the plaintiff sitting here

20 giving your testimony about how this assignment came

21 to be executed.

22 A I wasn't there when it was executed. I

23 don't know. I don't know Korell. I don't know

24 Tywanna. I'm not understanding what you're trying

25 to --

28

1 THE WITNESS: I agree.

2 MR. TRENT: Then I have no further

3 questions.

4 MR. COOK: Let's take a quick break.

5 Just for five minutes or so.

6 MR. TRENT: You want to ask some

7 questions?8 MR. COOK: Yes.

9 MR. TRENT: Okay, sure.

10 (Thereupon, a short break was taken off the

11 record after which the deposition continued:)

12 MR. COOK: We have no questions.

13 THE COURT REPORTER: Read or waive?

14 MR. COOK: She'll read.


16 (Whereupon, the deposition concluded at

17 2:47 p.m.)

18 (Signatures and formalities were not

19 waived.)

20- - -

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1 STATE OF FLORIDA )

2 COUNTY OF MIAMI-DADE )

3

4 I, the undersigned authority, certify that

5 PATRICIA BERNER, personally appeared before me and

6 was duly sworn.

7

8

9 WITNESS my hand and official seal this 11th day

10 of December, 2011.

11

12

13

14 ________________________

15 Bonnie L. Schwartz

Notary Public - State of Florida

16 My Commission No. EE 84919

Expires: August 11, 2015

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1

2 DEPOSITION ERRATA SHEET

3

4 Our Assignment No. 267488

5 Case Caption: Deutsche Bank National Trust Company

vs.

6 Eida Gayon, et al.,

7 DECLARATION UNDER PENALTY OF PERJURY

8 I declare under penalty of perjury that I

9 have read the entire transcript of my Deposition

10 taken in the captioned matter or the same has

11 been read to me, and the same is true and

12 accurate, save and except for changes and/or

13 corrections, if any, as indicated by me on the

14 DEPOSITION ERRATA SHEET hereof, with the

15 understanding that I offer these changes as if

16 still under oath.

17

18 Signed on the _______ day of

19 _______________, 20____.

2021 ________________________________

22 Patricia Berner

23

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301 CERTIFICATE2 STATE OF FLORIDA )

COUNTY OF MIAMI-DADE )3

I, Bonnie L. Schwartz, Certified Shorthand4 Reporter, State of Florida at large, do hereby certify

that the aforementioned witness was by me first duly5 sworn to testify the whole truth; that I was authorized

to and did report said deposition in stenotype; and6 that the foregoing pages, numbered from 1 to 28,

inclusive, are a true and correct transcription of

7 my shorthand notes of said deposition.8 I further certify that said deposition was taken

at the time and place hereinabove set forth and that9 the taking of said deposition was commenced and

completed as the hereinabove set out.10

I further certify that I am not attorney or11 counsel of any of the parties, nor am I a relative

or employee of any attorney or counsel of party12 connected with the action, nor am I financially

interested in the action.13

The foregoing certification of this transcript14 does not apply to any reproduction of the same by

any means unless under the direct control and/or15 direction of the certifying reporter.16 IN WITNESS WHEREOF, I have hereunto set my

hand this 11th day of December, 2011.1718

________________________________

19 Bonnie L. SchwartzNotary Public - State of Florida20 My Commission No. EE 84919

My Commission Expires 8/11/20152122232425

321 DEPOSITION ERRATA SHEET2

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22 SIGNATURE: ________________________ DATE: ________________23 Patricia Berner24

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5:18,197:13,188:2,10,17,2511:10,2512:16,25

13:1914:1215:817:1,3,12,1818:7,1219:1,327:7,8,16

among

26:9

and/or

30:1431:12

another

17:10

answer

8:913:15,1621:8

answered27:5

appearance

6:10,14

APPEARANCES

2:1

appeared

29:5

apply

30:14

apprised14:2

appropriate

18:5

Approximately

6:7

arrows

24:10

Article

20:18

asked

13:1627:4

asking

7:159:212:2018:226:16

Assets

11:11,13,18

12:23

assigned

27:12

assigning

27:17

assignment

23:14,21

24:8,1425:1,626:5,12,2027:1431:4

assignments

14:1015:2,916:2117:218:421:2322:3,14,19

23:7

assignor

27:8

assignor/assi

gnee

18:5

assist

11:2014:25

assume21:14

attention

22:18

attorney

8:12,21,22

9:1513:1430:10,11

attorneys

11:2014:23August

29:16

authority

29:4

authorizatio

n

8:169:4

authorized

30:5

Aventura1:21

Avenue

2:8

aware

17:923:1424:9

awareness

23:24

B

BANK

1:57:10,16,22,248:4,7,12,189:4,18,1919:427:831:5

Basically

13:20

BEHALF

1:156:148:13,179:6,8,1620:21

being

10:1116:1721:24,25

Belfort

5:13

believe

10:2117:1423:20

beneficial

18:9BERNER

1:143:25:1,5,137:228:159:2,1310:1111:929:531:2233:23

B-E-R-N-E-R

5:16

beyond

21:19Biscayne

1:20

bit

13:21

Boca

2:5

Bonnie

1:2429:1530:3,19

borrower

15:2216:16

both

23:15,22

Boulevard

1:202:12

break

28:4,10

briefly

13:4

brought

15:24business

5:1113:11,2417:4,19







11/18

C

came

25:1,3,22

26:20

Caption

31:5captioned

31:10

CASE

1:45:247:79:718:223:15,21

24:1531:5

certain

13:21

CERTIFICATE

1:619:2230:1

certification

30:13

Certified

1:2430:3

certify

29:430:4,8,10

certifying

30:15

cetera

9:619:6

Change

32:2,4,5,7,8,

10,11,13,14,

16,17,19,20,

22,2333:1,3,4,6,7,9,10,

12,13,15,16,

18,19

changed

12:2217:7

changes

14:231:12,15

choose

24:11

CIRCUIT

1:2

circumstances

24:21

clear

18:25

closing

20:15,16,19,

2421:2

column

6:25

come

22:18

coming12:2513:19

commenced

30:9

Commission

29:1630:20

COMPANY

1:57:11,17,23,258:4,79:5,1812:2213:2019:5

31:5Company's

9:19

Compel

10:15

completed

30:9

computer

13:21

concluded

28:16

conducted

16:18

confirmed

19:12

connected

30:12

contain

20:3,10

containing

23:9

contains

23:15,2126:7

contemplation

10:25

contested

11:1915:2516:4

context

22:1223:5

continue11:2

continued

10:928:11

continuing

10:14

contracted

17:1

contractual

8:6

control

30:14

convened

15:17

conveying

18:5

Cook

2:86:12,138:8,199:9,2110:411:413:2,714:1715:4,10,21

16:5,1217:1318:15,19

20:6,1321:4,1822:4,21

23:11,17,25

24:4,6,17,22

25:2,15,25

26:1427:4,20,2528:4,8,12,14

copies

6:114:23

correct

8:2518:14,18,2120:2421:1226:5,927:2430:6

corrections

31:13

correctly

17:25

COUNSEL

2:14:76:99:2530:11

COUNTY

1:229:230:2

course

15:1921:25

COURT

1:211:6,2128:13

courts12:11

Court's

10:25

covered

27:3

create

14:10,15,18

current

5:17

DDanielle

2:3

date

20:15,16,19,

2421:333:22

dates

20:10

day

29:930:1631:18

ddelucca@lgl

aw.net

2:6

December

29:1030:16

DECLARATION

31:7

declare

31:8

deed

12:9

default

12:18

defaulted

15:23

defendant

5:2410:15

Defendants

1:10,152:11

10:10Defendants'

4:36:1625:10

deficiencies

17:21,23,24

18:3

definition

10:22

delivered

20:20

DeLucca

2:3

department

12:21







12/18

deploy

24:11

deponent

6:23,257:2

DEPOSITION

1:134:55:16:1,510:9,14,2415:1716:1624:1528:11,16

30:5,7,8,9

31:2,9,14

32:1

depositions

11:2116:13,15,17

described21:11

Description

4:4

designated

10:11

desktop

14:6

detail

13:1718:1

DEUTSCHE

1:57:10,16,22,248:3,7,179:4,18,1919:427:831:5

DIRECT

3:45:730:14

direction

30:15

discuss

9:25

discussion

10:2,8

document

4:619:15

25:16,19

26:1327:2

documents

14:16,19,24

17:2120:1723:924:7

DOCX

14:816:21,2217:5,7,11,20

21:2322:3,16,2025:6,20,2426:5

D-O-C-X

14:8

down

6:24

dozen6:8

due

18:9

duly

5:629:630:4

duties

11:17

E

East

2:12

EE

29:1630:20

EIDA

1:95:2431:6

employed

5:197:188:2,312:16

employee

30:11

employer

5:1711:2513:18

enough

6:2

entail

13:25

entire

31:9

entity

9:7,8

ERIC

2:11,12

ERRATA

31:2,1432:1

Esquire

2:3,8,12

established

26:5,7

et

1:99:6

19:6

31:6

EXAMINATION

3:1,45:7

Excel

14:7

executed

24:2126:21,22

Exhibit

4:46:3,16,20

9:1425:6,7,10

EXHIBITS

4:2,7

expected

13:15

experience

13:2214:5

Expires

29:1630:20

F

face

26:13

fact

21:2222:223:825:5,19

facts

26:12

familiar

14:916:2222:13

far

16:10

files

11:19

Filing

25:13

financially

30:12

first

5:66:912:1513:1814:419:1927:1230:4

five

12:428:5

FL

2:5,9,13

Floor

2:9

FLORIDA1:2,215:1411:2429:1,1530:2,4,19

follows

5:6

Foreclosure

11:11,13,18,

1912:3,5,7,2313:1115:16,24

foreclosures12:10,14

foregoing

30:6,13

forgot

25:17

form

8:8,199:9,2113:2,714:17

15:4,10,2116:5,1217:1318:15,19

20:6,1321:4,1822:4,2123:11,17,25

24:17,22

25:2,2526:1427:20,25

formalities

28:18

Fort

2:13

forth

30:8

front

25:13

further

28:230:8,10

FWP

19:16,17

G

GAYON

1:92:165:2431:6

general

17:2318:323:23

getting

14:25

give

5:228:169:7

18:127:1giving

26:20

GLADSTONE







13/18

2:2

go

9:2410:612:1013:20

Good

5:9governs

19:20

GROUP

2:2

guess

21:7,11

H

half

5:216:8

hand25:629:930:16

handle

11:19

happens

21:16

HARBORVIEW

1:57:119:519:5,21

Harp

22:24,2523:1626:8

H-A-R-P

22:25

Harp's

23:9

heard

22:10,1223:2

held

10:8

helpful24:6

her

22:1424:7

hereby

30:4

hereinabove

30:8,9

hereof

31:14

hereunto

30:16

Hi

5:10

holder

19:227:10

holders

20:21

Home

5:18,207:13,

188:2,10,17,2511:1012:1,16,25

13:1914:1215:817:1,3,12,1918:7,1219:1,327:7,9,16

I

identificatio

n6:1725:11

II

11:12,15,18

Inc.'s

19:4

including

22:1

inclusive

30:6

INDEX

3:14:2

indicated

31:13

industry

14:3

information

14:23,24

instinct

9:24

instructs13:14

insurance

13:10

interest

11:118:9,13

interested

30:12

interject

24:4

introductory5:22

involve

15:9

involved

13:9

irregularitie

s

22:3,19

issue

7:715:24

16:424:8

issues

16:21

J

Jacksonville

5:1411:24

Jeffrey

2:86:13

jeffrey.cook@

akerman.com

2:10

Jessica

2:3

job

11:17

jserrano@lgl

aw.net

2:5

judgment

16:2,10

JUDICIAL

1:2

just

5:226:412:413:418:2,2421:1425:627:128:5

K

KENNETH

2:11,125:23

kept

14:2

kind

14:15,19

know

14:716:17,2417:3,7,918:719:9,19

21:11,16

22:7,2524:926:23

knowing

25:23

knowledge

10:13,18

15:13,16

17:11,18

21:2024:20,2525:2226:11,1827:1

Korell

22:24,2523:9,1626:8,23

K-O-R-E-L-L

22:24

L

L

29:1530:3,19

language

27:3

large30:4

last

5:15

Lauderdale

2:13

LAW

2:2

learn

9:18

left-hand6:24

less

23:22

let's

10:628:4

Line

32:2,5,8,11,

14,17,20,23

33:1,4,7,10,

13,16,19

listed19:12,16

litigation

9:2014:2515:17,20

16:10,11

litigations

12:18

little

5:2213:2116:23

LOAN

1:5,67:7,12,14,208:1,13,219:5,20







14/18

19:5,7,8,10,

12,14,21

loans

20:4,10,15,23

21:1,10,15

located11:23

long

5:19

longer

17:19

look

6:19

looked

24:14

M

Ma'am

6:198:249:321:2222:223:825:5,19

maintaining

13:23

making

6:14

manner

20:421:9

marked6:1725:11

marking

6:3

matter

10:1315:931:10

mean

9:2412:8,1914:2115:518:2126:1,18

27:14

means

30:14

mentioned

19:14

met

21:17

Miami

2:9

MIAMI-DADE1:229:230:2

Microsoft

14:7

Mine

16:16

minutes

28:5

miraculously

6:2

monitor14:22

months

5:2112:2

MORTGAGE

1:5,65:18,207:12,13,18

8:109:513:1015:9,13,2317:118:6,10,13

19:5,2127:7,12,16,18

mortgages

14:1115:320:20

most

10:13,18

13:8,22

Motion

10:15

MSP

14:6must

20:11

N

name

5:11,15,23

6:1217:8,1622:7,10,13,14

23:2,6

named9:14

NATIONAL

1:57:11,16,23,258:79:4,18,19

19:431:5

needed

11:617:2

never

27:9

non-judicial12:12,13

Notary

29:1530:19

note

15:14,23

18:1019:220:1927:10,17

noted

11:4

notes

30:7

Notice

4:55:2525:13

notices

10:23

November

1:175:2

Number

6:1625:10numbered

30:6

O

Oakland

2:12

oath

31:16

Object

8:8,199:9,2110:1013:2,714:1715:4,10,2116:5,1217:1318:15,1920:6,1321:4,1822:4,2123:11,17,2524:17,2225:2,2526:1427:20,25

objection

11:427:4

obtain

10:17

obtained

16:2

offer

31:15

office

11:2312:1414:7

official29:9

Okay

7:310:628:9

online

19:11

opening

20:14

order

10:25

orientation13:515:8

original

20:17

Osvaldo

2:16

outside

14:2

over

20:1

owned

18:13

owner

19:227:9

ownership

18:8

P

P.A

2:2,11

p.m28:17

PAGE

3:24:46:2432:2,5,8,11,

14,17,20,23

33:1,4,7,10,

13,16,19

pages

30:6

Palmetto

2:4

Park

2:4,12

part

15:716:119:8,10,15

20:1121:6

particular

12:2024:1125:1

parties

18:530:11

party

16:2527:17,2430:11







15/18

PASS-THROUGH

1:619:22

PATRICIA

1:143:25:1,5,139:229:5

31:2233:23payments

18:9

PENALTY

31:7,8

people

23:22

periodically

14:1

PERJURY

31:7,8

person

22:7

personally

19:1129:5

perspective

9:19

place

17:1127:1230:8

placed

20:2321:2Plaintiff

1:72:2,76:157:59:1410:12,18,21

26:19

please

5:127:2313:17

point

11:3

pool20:15,16,23

21:11

pooling

19:20,24

20:2,9

position

11:913:615:1

power8:12,20,22

9:15

prepare

11:20,2117:1

prepared

17:2521:2322:3,15,16,20

25:20,2326:2

preparing

24:15

PRESENT2:1518:6

previously

13:2214:5

prior

11:2512:2

problematic

21:2323:23

proceedings

15:20

process13:5

producing

17:22

proper

27:17

properly

18:4

proprietary

13:9

provide

14:23

Public

29:1530:19

purported

23:21

purpose

21:14

pursuant

5:25

put27:11

Q

question

9:321:8,1522:2525:17

questionable

23:10

questioned

21:2422:1

questions13:1628:3,7,12

quick

28:4

quite

24:9

quiver

24:10

R

Raton

2:5

read

23:228:13,1431:9,11

really

26:15,16

reason

23:2032:4,7,10,13,16,19,

2233:3,6,9,

12,15,18recall

15:1116:617:1720:7

receive

12:24

received

13:18

record

9:2410:2,3,5,7,911:518:2428:11

records

13:2414:24

referring

8:2421:12

regard

17:11

relationship

7:9,22,248:617:419:4

relative

30:11

remember

19:18

reminding

24:12

repeat

24:23

rephrase

21:24report

30:5

Reporter

1:2428:1330:4,15

represent

5:23

representati

ve

7:4,10,16

9:1410:12,17,20,23

26:19

representing

6:11

reproduction

30:14

required

21:2

requirements20:321:9,15,17

resolution

11:20,22

resolved

14:2516:1

respect

24:7

responsibili

ty13:15

restrictive

20:10

retained

4:7

review

25:16

reviewed

19:24

Right

7:1,2,1518:18,23

27:24

Road

2:45:13

S

save

31:12

saying

18:18

says6:2326:1327:3,6

schedule







16/18

19:10,13,14

Schwartz

1:2429:1530:3,19

scope

21:20seal

29:9

SEC

19:11,15

second

19:16

Section

20:17,18

secured

18:10

see

6:237:2

seek

10:16

seen

6:2022:1423:2,6

SENTERFITT

2:76:13

SERIES

1:619:22Serrano

2:3

service

8:13,21

servicer

18:11

Servicing

5:18,207:13,14,198:1,3,11,17,25

11:1012:1,16,2513:10,1914:6,1315:817:4,12,

1918:8,1219:1,3,7,20,

2520:3,927:7,9,16

set

30:8,9,16

SHEET

31:2,1432:1

She'll

28:14

short

28:10

Shorthand

1:2430:3,7

show

24:6

signature

23:10,15

33:22

signatures

23:2226:828:18

signed

15:2222:2031:18

sitting

26:19

six

12:2

skimmed

20:1

skip

25:14

software

13:2314:4,8,11,16,21

sorry

11:23sort

17:2318:3

sources

14:2

Southeast

2:8

speak

9:6,17

Special11:11,13,18

12:23

Specialist

11:11,13,18

specialists

12:18

Specialized

12:6

specific

18:224:8

specifically

16:7

spell

5:15

spiel

5:23

stands

19:18

start

10:5

State5:116:1012:9,12,13

29:1,1530:2,4,19

states

20:18

stenotype

30:5

strictly

18:11

subject

15:921:24,25

subsequently

15:23

Suite

1:212:4

summary

16:2,9

Sure

6:1218:2424:528:9

sworn

5:629:630:5

system

13:2214:6

T

T

2:8

tactic

24:11take

6:1911:513:428:4

TAKEN

1:156:517:1028:1030:831:10

Taking

4:55:2510:2430:9

talking9:11

taught

15:1

teach

15:2,5

tell

6:207:9,2415:1919:326:18

telling

7:21

testified

5:6

testify

30:5

testimony

8:169:710:1726:20

thank

11:7thanks

24:12

therefore

27:10

THEREUPON

5:46:1610:825:1028:10

things

13:21

think

10:1920:18

Third

2:816:25

Thomas

22:8,2023:1626:9

three

6:1

time

12:2418:12

25:1530:8times

6:7

title

12:17,23

13:10

titles

12:22

today

5:2515:1418:7

towards11:22

training

12:2413:5,8,







17/18

18,2514:115:7

transcript

30:1331:9

transcription

30:6transferred

20:4,11

21:10,16

transpired

16:9

TRENT

2:11,123:45:8,236:9,188:14,239:12,2310:1,6,10

11:7,813:3,1314:2015:6,1216:3,8,1417:1518:17,20

20:8,2221:5,2122:6,2323:13,19

24:1,5,9,13,

19,2425:4,7,9,12,1826:3,1727:13,22

28:2,6,9

trentlawoffic

[email protected]

2:13

trials

11:21

true

30:631:11

TRUST

1:5,67:11,

12,16,23,258:4,79:4,6,18,1912:919:4,6,8,10,

2120:5,11,

12,2121:2,6,10,1627:1831:5

TRUSTEE

1:57:11,17,23,258:4,7,189:512:3,5,7,10,14

19:520:20

truth

30:5

try

24:2

trying

26:24

Two

25:8,926:12two-fifths

6:24

Tywanna

22:823:1626:9,24

U

Um-hum

11:14,16

under

18:919:16

20:1724:2130:1431:7,8,16

undersigned

29:4

understand

9:1021:8

understanding

15:19,25

26:16,24

31:15understood

10:2223:924:3

unemployed

12:2

unless

13:1430:14

updated

14:1

use

13:2314:21

utilized

14:11,12

V

vehicle

10:16

vendor

16:2517:10

Virginia12:4,6,9

vocabulary

22:1

vs

1:831:5

W

waive

10:1528:13

waived

28:19want

10:118:2425:1528:6

wasn't

26:22

way

6:24

website

19:11,15

went

19:12

we're

7:198:114:118:6,1119:7

weren't

17:2418:4

West

2:4

We've

26:4,727:2WHEREOF

30:16

Whereupon

28:16

whether

6:4,2017:3,718:719:1921:9

whole

12:2114:630:5

widely

23:824:3

widespread

22:2

within

10:22,24

16:1024:10

WITNESS

3:28:10,20

9:10,2213:814:1815:5,11,2216:6,1317:1418:1620:7,1421:1922:5,22

23:12,18

24:18,23

25:3,8,17

26:1,1527:6,2128:1,1529:930:4,16

Word14:7

work

11:2212:25

13:19

worked

12:3

written

8:159:3

Y

Yeah

14:22

years

12:413:12

1

1

4:56:16,209:1430:6

11

29:16

11TH

1:229:930:16

1499

2:4

16

5:21

2

2

4:620:1825:10

2.01

20:17

20

31:19

2007-5

1:619:22

2009-20620-

CA

1:4

2011

1:175:229:1030:16

2015







18/18

29:16

202

1:21

20801

1:20

2091:18

247

1:1828:17

25

4:6

25th

2:9

267488

31:4

2830:6

29

1:175:2

3

30

13:11

300

2:4

32256

5:14

33131

2:9

33334

2:13

33486

2:5

4

4875

5:13

5

5

3:4

6

6

4:5

8

8/11/2015

30:20

831

2:12

84919

29:1630:20






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