won-transrcipt-boa-v-asset-acquisitions – re-...

28
IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CASE NO. 15-CA-50496 BANK OF AMERICA, N.A., sbm BAC Home Loans Servicing LP, Plaintiff, vs. ASSET ACQUISITIONS & HOLDINGS TRUST DATED MAY 27 2011, d/b/a Asset Acquisitions & Holdings, et al., Defendant. ________________________________/ TRANSCRIPT OF PROCEEDINGS Before the Honorable Thomas Reese, Judge of Said Court, at a trial of the above-styled action held at the Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida, at 10:16 a.m. on September 22, 2016. _____________________________________________________ MERIT COURT REPORTING, INC. 6213 Presidential Court, Suite 100, Fort Myers, FL 33919 (Main Office) 2022 Hendry Street, Suite 104, Fort Myers, FL 33901 (Downtown) 1415 Panther Lane, Naples, FL 34109 239.481.1300 FAX 239.481.1451

Upload: vothuy

Post on 03-Jul-2018

213 views

Category:

Documents


0 download

TRANSCRIPT

IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN ANDFOR LEE COUNTY, FLORIDA

CASE NO. 15-CA-50496

BANK OF AMERICA, N.A.,sbm BAC Home Loans Servicing LP,

Plaintiff,

vs.

ASSET ACQUISITIONS & HOLDINGSTRUST DATED MAY 27 2011,d/b/a Asset Acquisitions &Holdings, et al.,

Defendant.________________________________/

TRANSCRIPT OF PROCEEDINGS

Before the Honorable Thomas Reese, Judge of Said Court, at

a trial of the above-styled action held at the Lee County

Justice Center, 1700 Monroe Street, Fort Myers, Florida,

at 10:16 a.m. on September 22, 2016.

_____________________________________________________

MERIT COURT REPORTING, INC.

6213 Presidential Court, Suite 100, Fort Myers, FL 33919(Main Office)

2022 Hendry Street, Suite 104, Fort Myers, FL 33901(Downtown)

1415 Panther Lane, Naples, FL 34109

239.481.1300FAX 239.481.1451

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

2

A P P E A R A N C E S

On Behalf of Plaintiff:

TORREY C. TAYLOR, ESQ.Aldridge Pite, LLP1615 S. Congress Avenue, Suite 200Delray Beach, Florida 33445-6326

On Behalf of Defendant:

MICHELE S. BELMONT, ESQ.Law Offices of Michele S. Belmont, P.A.8660 College Parkway, Suite 180Fort Myers, Florida 33919-4873

I N D E X

WITNESS: DE CE RD RC

Cliff Dunnan 5

- - -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

3

THE COURT: That brings us to U.S. Bank vs.

Assets Acquisitions, 15-CA-50496.

MR. TAYLOR: Good morning, Your Honor. Torrey

Taylor on behalf of plaintiff.

(Proceedings interrupted off the record.)

THE COURT: Okay. That brings us to U.S. Trust

versus Asset Acquisitions, 15-CA-50496.

MR. TAYLOR: And good morning, once again, Your

Honor, Torrey Taylor on behalf of plaintiff.

MS. BELMONT: Good morning, Your Honor. Michele

Belmont for Assets Acquisitions & Holdings Trust.

THE COURT: All right. Let's go ahead.

MR. TAYLOR: Thank you, Your Honor. I don't

believe we need any opening statements from either

side, unless Ms. Belmont wants to make one.

MS. BELMONT: No, I'm fine without them. Thank

you.

MR. TAYLOR: Thank you.

And, Your Honor, I believe we stipulated to

several of the documents being entered into evidence.

Documents stipulated to are the original note,

original mortgage, original loan modification or note

modification, the payment history, demand letter, and

escrow balance. And I believe Ms. Belmont is

objecting to a couple of the other documents,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

4

assignment of mortgage and the power of attorney.

MS. BELMONT: That's correct.

MR. TAYLOR: And as plaintiff's first witness,

we'll be calling Cliff Dunnan.

THE COURT: Go ahead, please.

Thereupon:

CLIFF DUNNAN,

having been first duly sworn, upon his oath testifies and

says as follows:

DIRECT EXAMINATION

BY MR. TAYLOR:

Q Could you please state your name.

A Cliff Dunnan.

Q With whom are you employed?

A Caliber Home Loans.

Q And how is Caliber Home Loans related to the

plaintiff in this matter?

A Caliber is the servicer.

Q And is there a document that reflects Caliber's

relationship with the plaintiff in this matter?

A Yes, and that would be the power of attorney.

Q Does Caliber maintain records regarding mortgage

notes and other related loan items?

A Yes.

Q Do they keep these records within their

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

5

ordinary, normal course of business?

A Yes, they do.

Q Is it part of their regularly conducted business

to keep such records?

A Yes.

Q Do they maintain a system of records to input

this information into?

A Yes.

Q Is the information transmitted into that system

of record created at or near the time each event of record

occurs?

A Yes.

Q Is the information input into that system of

record by a person who has knowledge of that event of

record?

A Yes.

Q Have you had a chance to review the loan -- the

subject loan that we're here on today prior to trial?

A Yes, I have.

Q And is the testimony you're giving and about to

give based on your own personal knowledge of that review?

A Yes.

Q You previously stated that there was a power of

attorney that authorized Caliber to service this loan on

behalf of the plaintiff; is that correct?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

6

A That is correct.

Q I'm handing you a document. Do you recognize

this document?

A Yes, this is the power of attorney.

Q And is this document part of Caliber's business

records?

A Yes, it is.

Q Does the testimony that you previously gave

regarding Caliber's business records also apply to this

document?

A Yes.

MR. TAYLOR: Your Honor, plaintiff would move to

have Exhibit 2 entered into evidence, the power of

attorney.

MS. BELMONT: I would object to this document,

Your Honor. The document that I was shown was not

recorded, was not an original. It's a photocopy of a

power of attorney, and also the witness hasn't

testified that it's true and accurate based on his

review of the original.

I would like an opportunity to voir dire the

witness.

THE COURT: Go ahead, please.

MS. BELMONT: Thank you, Your Honor.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

7

VOIR DIRE EXAMINATION

BY MS. BELMONT:

Q Good morning, Mr. Dunnan. Can you tell me have

you had the opportunity to review the original power of

attorney?

A Yes, I have.

Q Where is that document kept?

A That is kept at Caliber, at our headquarters

with the custodian.

Q Which is where?

A Our custodiam is in Missouri.

Q In Missouri. When did you review the documents,

the original power of attorney?

A I'm sorry, the copy of the original, not the

original-original. I have not reviewed it.

Q Okay. So I'm sorry. Let me try again.

A Yes, ma'am.

Q Have you ever seen the original power of

attorney that that is a photocopy of?

A No.

Q Okay. Is this the most current power of

attorney, the one that you have sitting before you?

A Yes.

Q What is the date on that power of attorney,

please?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

8

A This one is dated August 5th, 2014.

Q Okay. And so there's not one for 2015 or 2016?

A Not that I have reviewed, no.

Q If I were to review the court records for powers

of attorney between U.S. Bank & Trust and your servicing

company, might I find one from 2015?

A Possibly.

Q Okay. So there might be a more current version

than the one that you're holding; is that right?

A Possibly, yes.

Q Okay. If you haven't seen the original of that

document, then can you be certain that that is a true and

accurate copy of it?

A It's within Caliber's business records and we

rely upon them. It is part of Caliber's business records.

Q How did you review the photocopy that you're

holding in your hand today? Where did that photocopy come

from?

A It came from our internal imaging system.

Q Your computer system?

A Yes.

Q Okay. And so you looked it up and saw on the

your computer screen and hit print and out it came? Is

that where the copy came from?

A No. It's within the loan, a copy is within the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

9

loan when they -- well, when a document is created, it's

imaged within that particular loan.

There's other ways I can obtain this document as

well. That's not the only other way.

Q But when you say "this document," you're

referring to a photocopy of the original, not the original

itself?

A Correct. I have not seen the original.

MS. BELMONT: Your Honor, I would move to

exclude the power of attorney based upon the fact

that the witness is unable to testify that it is a

true and accurate copy of the original because he's

never seen the original.

THE COURT: Counsel?

MR. TAYLOR: Your Honor, this is a -- the

witness has already testified this is a business

record of Caliber Home Loans, and within the business

record exception, it's a document relied upon to

conduct the servicing business of Caliber, and,

therefore, it should be admissible into evidence

based on that.

If the court would like further testimony,

there's additional evidence within this document that

shows that it is part of Caliber's business records

as well.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

10

In addition to that, while this is not a

recorded copy or a copy of a recorded power of

attorney, the powers of attorney are recorded within

the -- within the official records of the various

counties.

The reason we don't have that today is because

it's obviously a burden for a large servicer that

services loans, you know, thousands of loans. It

would create quite a burden for the servicer to

provide a certified copy or the original for each one

of these loans and, therefore, should be admissible

in evidence.

THE COURT: Objection sustained.

MS. BELMONT: Thank you, Your Honor.

BY MR. TAYLOR:

Q Regarding this document you have identified as a

power of attorney, is this a document that was prepared by

Caliber?

A Yes.

Q And as you previously stated regarding records

being input into Caliber's system of records, does it also

apply to this document that the person that would have

input this document into Caliber's records reviewed the

original?

A Yes.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

11

Q And would they have reviewed the original versus

the copy for accuracy?

A Yes.

MR. TAYLOR: Your Honor, plaintiff would move to

have Exhibit 2 entered in evidence, the limited power

of attorney.

THE COURT: Ms. Belmont?

MS. BELMONT: I would have further questions for

the witness then, Your Honor.

THE COURT: Go ahead.

MS. BELMONT: Thank you.

VOIR DIRE EXAMINATION

BY MS. BELMONT:

Q Who is the person that put that document into

the business records of Caliber, please?

A That is not listed here.

Q Okay. Then how would you know that that person

reviewed the original if you don't even know who the

person is?

MR. TAYLOR: Object, Your Honor. The witness

has already testified that it's Caliber's policy to

review.

THE COURT: Objection is overruled.

Go ahead with your question.

MS. BELMONT: Thank you, Your Honor.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

12

BY MS. BELMONT:

Q How would you know for certain as you sit here

today that the person who put that document into the

system for Caliber reviewed the original if you don't know

who the person who did it is?

A I don't.

MS. BELMONT: Thank you. I have no other

questions, Your Honor. I continue my objection to

this.

THE COURT: Objection sustained.

BY MR. TAYLOR:

Q Is it part of Caliber's policies to train each

individual within Caliber regarding their duties at

Caliber?

A Yes.

Q As part of the duties of the persons required to

image documents into Caliber's system, do they also

receive training upon their duties as far as imaging

documents goes?

MS. BELMONT: Objection as to form.

THE COURT: Sustained.

BY MR. TAYLOR:

Q What is the imaging platform that Caliber uses?

A Carbon Copy.

Q And which person or persons are responsible for

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

13

inputting or for imaging documents into Carbon Copy?

A Various departments.

Q Is each department that has the authority to

image documents into Carbon Copy -- does each person

within each of those departments receive training on how

to use Carbon Copy?

A Yes.

MS. BELMONT: Objection as to form.

THE COURT: Sustained.

BY MR. TAYLOR:

Q What is the training involved regarding imaging

documents into Carbon Copy?

A It's a classroom setting training. There's an

instructor. They go through it. It's their web-based

systems on a projector, and we follow along, and there's

also reading material that goes along with it.

Q And is it a requirement of Caliber that each

person employed by Caliber that has access to the imaging

system to receive that training?

A Yes.

Q Would the person that imaged this document into

Caliber's system also have received that same training?

MS. BELMONT: Objection, Your Honor. The

witness has already testified that he doesn't know

who imaged it in, so how would he know what kind of

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

14

training?

THE COURT: Objection sustained. I agree.

MR. TAYLOR: Well, Your Honor --

THE COURT: Power of attorney isn't coming in,

Counsel. I've sustained the objection now. If you

have anything further, let's move on.

MR. TAYLOR: I'm sorry?

THE COURT: Let's move on if you have anything

further. Power of attorney is not coming in evidence

based on what you've presented today.

MR. TAYLOR: Your Honor, my witness has

testified that it was a document prepared --

THE COURT: Counsel, don't argue with me. I

made my ruling. Now move on; otherwise, your case is

dismissed.

MR. TAYLOR: Yes, Your Honor.

May we take a brief recess, Your Honor?

THE COURT: Sure.

(A short recess was taken.)

MS. BELMONT: I'm sorry for the interruption,

but would it be all right if I ask to have opposing

counsel brought in to finish the rest of the trial?

THE COURT: Is he on the phone? Do you know?

MS. BELMONT: He was when I went out about ten

minutes ago, yeah.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

15

THE COURT: Well, let's see if he's ready to go

forward.

MS. BELMONT: Thank you, Your Honor.

(Proceedings interrupted off the record.)

THE COURT: Yes, sir.

MR. TAYLOR: Yes, Your Honor. Your Honor, I

believe where we left off, the witness was testifying

as to what has been identified as the power of

attorney. We have moved for it to be entered into

evidence. The court has sustained objections thus

far regarding the admissibility of the document. I

just wanted to clarify where we were.

BY MR. TAYLOR:

Q Mr. -- as far as the power of attorney that you

previously identified as power of attorney --

MS. BELMONT: Objection, Your Honor. Now he's

going to have him testify as to a document that's not

allowed in evidence.

THE COURT: It's not in evidence.

BY MR. TAYLOR:

Q Regarding the document in front of you that you

have identified as the power of attorney, Mr. Dutton -- or

Dunnan, excuse me, you previously stated that this was a

document prepared by Caliber. What was the purpose of

preparing this document by Caliber?

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

16

A It's to -- well, to allow Caliber to service the

loan from U.S. Bank.

Q Is this a contract produced by Caliber?

MS. BELMONT: Objection, Your Honor. I'm going

to object to the whole line of questioning. The

court has already stated that the power of attorney

is not coming in as evidence.

MR. TAYLOR: Your Honor, I believe the court has

stated that based on the testimony thus far for the

power of attorney.

THE COURT: Well, how much farther do you think

you can go to try to resurrect this thing? You know,

some basic flaws at the outset, they're not going to

get better if he continues to talk about a document

that's not in evidence.

MR. TAYLOR: Yes, I understand that, Your Honor,

but I'm not asking him to testify as to anything

actually within the document yet. I'm just asking

him what the purpose of the document is.

THE COURT: What's the relevance of that? It's

not in evidence.

MR. TAYLOR: Relevance of that, Your Honor, is

because I believe the testimony will show that this

is a contract between two parties. Ms. Belmont's

client is not a party to this contract, but there is

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

17

case law showing that a document can be entered into

evidence regardless of whether it meets the business

records exception or not if it's a contract between

the two parties.

And I apologize, I don't have the case law yet,

but it's being sent to me as we speak.

MS. BELMONT: The problem I have, Your Honor, is

this is a photocopy of perhaps a contract that the

witness has never seen an original of, so he can't

sit here today and tell us that this is a true and

accurate copy of the contract. He said so himself.

THE COURT: Here we are.

MS. BELMONT: Without the power of attorney,

Your Honor, I would ask that the court grant an

involuntary dismissal. The power of attorney is the

only reason that the witness is permitted to testify,

and he hasn't yet shown that he has that authority.

MR. TAYLOR: And, Your Honor, plaintiff would

obviously object to that.

Regardless of whether or not the power of

attorney is deemed admissible by the court into

evidence today, the witness has previously testified

during preliminary questioning that Caliber Home

Loans is the servicer for the plaintiff for this

particular loan, and that was testified to without

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

18

objection by opposing counsel.

So the court already has evidence through the

testimony that Caliber is the servicer for this loan,

Your Honor.

MS. BELMONT: But the witness is relying on the

document that he can't get in as evidence to show

that he has the authority to testify and, therefore,

I would move to strike the witness's testimony

completely because he has no authority to testify on

behalf of the plaintiff, who was substituted in by

counsel. The new plaintiff is U.S. Bank and Trust,

as trustee of the LSF9 Master Participation Trust.

The witness works for Caliber, not the

plaintiff; therefore, the witness shouldn't be

testifying today.

THE COURT: It's a defect that easily could have

been remedied had a different approach to trial

preparation been taken, perhaps, but your motion is

granted.

MS. BELMONT: Thank you, Your Honor.

MR. TAYLOR: Your Honor, I apologize, but I

haven't finished making my responses to Ms. Belmont's

motion.

THE COURT: All right. Go ahead.

MR. TAYLOR: If I may at least get them on the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

19

record, if nothing else, Your Honor.

THE COURT: That's fine. Go ahead, put them on

the record.

MR. TAYLOR: Your Honor, the other evidence

that's already been stipulated to, for one, Your

Honor, was the payment history, as well as the escrow

breakdowns. The payment history shows within the

document that there have been -- that there has been

activity on behalf of Caliber Home Loans in servicing

this loan.

Under the Paquero (phonetic) case, and I can get

the reference for that if the court would like.

Under the Paquero case, it shows that there's

additional evidence that can be shown regarding

entities and their involvement regarding a case, such

as having standing or whether or not they're the

servicer of a particular loan based on their other

activity.

And the court in that case determined that, as a

basis for that reasoning and for that ruling was

because banks and servicers don't typically make

payments on behalf of a property that they have no

interest in.

THE COURT: That's an assumption that I cannot

join into. I'm sorry, that -- I wish that were true,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

20

but we know facts to be contrary to that, not in this

particular case, but...

Ms. Belmont?

MS. BELMONT: I'm renewing my motion for

involuntary dismissal, Your Honor.

MR. TAYLOR: And, Your Honor, regardless of the

power of attorney for the witness to testify here

today, the evidence that's already been admitted into

the record and stipulated to shows thus far that the

original plaintiff in this matter has standing based

on the original note and the loan modification that

has been stipulated to into evidence.

Then we also have the demand letter and the

payment histories, which show the damages for this

matter, Your Honor.

THE COURT: Oh, I agree. I agree. It's just

you missed that one first step to show how Caliber

can be here pursuing this case on behalf of U.S.

Bank.

MR. TAYLOR: Your Honor, based on the court's

ruling today, that limits the witness's testimony

here; however, based on the evidence already in,

we're here showing that the plaintiff, U.S. Bank

Trust, N.A., does have standing to pursue this action

based on the evidence already here today and the

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

21

payment history already reflects the amounts due and

owing within our proposed final judgment. So we've

already met those -- those requirements.

THE COURT: If you have a witness from U.S.

Bank Trust, bring him in.

MR. TAYLOR: Well, Your Honor --

THE COURT: That's the problem, you don't,

because you have not proven up your power of attorney

giving Caliber the authority to be in court today on

behalf of U.S. Bank.

Motion is granted.

MR. TAYLOR: Your Honor, may --

THE COURT: Counsel, I have just granted the

motion. Thank you. Have a good day.

MR. TAYLOR: Thank you, Your Honor. May I

please just make -- for the record, may I make my

statements regarding the cases that were being cited?

They have just been sent to me.

THE COURT: Do you need more time to do your

research to be prepared? Counsel, I'm not going to

give you an unlimited amount of time just to try to

come up with case citations that you say.

You don't have any cases here for the court,

case citations that you say support your position.

I'm sorry, you're not ready today, and as such I'm

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

22

granting the motion for dismissal.

MR. TAYLOR: And, Your Honor, as a last request

then, I would just request that plaintiff be given

five days to file a written response to the motion

for involuntarily dismissal.

THE COURT: No, no, I'm not -- no, not going to

do that. You come to trial. You have got to be

prepared. If you're not prepared -- and the only

problem is you're missing one step here in going

forward, and without that step, it's not going

anywhere, not that it couldn't had that step been

accomplished in a timely manner.

MR. TAYLOR: And, Your Honor, may I ask what

the --

THE COURT: No.

MR. TAYLOR: I certainly don't mean disrespect

to the court.

THE COURT: No, no, no, no, you're not going to

get me into a discussion so that you can pick it

apart later on and take it to the Court of Appeals

and say, "Look, see, he made the decision for the

wrong reason."

No. I have dismissed the case. It is over.

Have a good day, sir.

MR. TAYLOR: Thank you, Your Honor.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

23

MS. BELMONT: Thank you, Your Honor.

THE CLERK: Mr. Taylor, I need those exhibits

for the record.

MR. TAYLOR: Yeah, exactly.

THE COURT: They're not admitted.

MR. TAYLOR: Then, Your Honor, may I also, as a

proposed exhibit, submit the copy of the recorded

assignment of mortgage?

THE COURT: It's not admitted. Yeah, sure.

MR. TAYLOR: And I just want the record to

reflect that the case was dismissed prior to

plaintiff being able to --

THE COURT: No, Counsel, you cannot. You cannot

build an issue for appeal that would be meritorious

on something you have not presented up to this point.

Now, please, pick your stuff up and withdraw

from the court, sir.

MR. TAYLOR: Yes, sir.

THE COURT: Thank you. Have a good day.

(Whereupon, the proceedings concluded at

10:58 p.m.)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

MERIT COURT REPORTING, INC.

24

CERTIFICATE

STATE OF FLORIDA )

COUNTY OF LEE )

I, SUSAN J. SIMONETTI, FPR, do hereby certify

that the foregoing proceedings were taken by me at the

time and place as stated in the caption hereto at Page 1

hereof; that the foregoing computer-aided transcription,

consisting of pages numbered 1 through 23, inclusive, is a

true record of my stenographic notes taken at said

proceedings.

I further certify that I am neither of counsel

nor solicitor to any of the parties involved nor

interested in the event of the cause.

Dated this 23rd day of September, 2016, in the

City of Fort Myers, County of Lee, State of Florida.

___________________________

Susan J. Simonetti, FPR

Court Reporter

1

1 [2] - 24:7, 24:9

100 [1] - 1:21

104 [1] - 1:22

10:16 [1] - 1:17

10:58 [1] - 23:21

1415 [1] - 1:23

15-CA-50496 [3] - 1:2,

3:2, 3:7

1615 [1] - 2:5

1700 [1] - 1:16

180 [1] - 2:9

2

2 [2] - 6:13, 11:5

200 [1] - 2:5

2011 [1] - 1:7

2014 [1] - 8:1

2015 [2] - 8:2, 8:6

2016 [3] - 1:17, 8:2,

24:15

2022 [1] - 1:22

20TH [1] - 1:1

22 [1] - 1:17

23 [1] - 24:9

239.481.1300 [1] -

1:24

239.481.1451 [1] -

1:25

23rd [1] - 24:15

27 [1] - 1:7

3

33445-6326 [1] - 2:5

33901 [1] - 1:22

33919 [1] - 1:21

33919-4873 [1] - 2:10

34109 [1] - 1:23

5

5 [1] - 2:15

5th [1] - 8:1

6

6213 [1] - 1:21

8

8660 [1] - 2:9

A

a.m [1] - 1:17

able [1] - 23:12

above-styled [1] -

1:15

access [1] - 13:18

accomplished [1] -

22:12

accuracy [1] - 11:2

accurate [4] - 6:19,

8:13, 9:12, 17:11

ACQUISITIONS [1] -

1:7

Acquisitions [4] - 1:8,

3:2, 3:7, 3:11

action [2] - 1:15,

20:24

activity [2] - 19:9,

19:18

addition [1] - 10:1

additional [2] - 9:23,

19:14

admissibility [1] -

15:11

admissible [3] - 9:20,

10:11, 17:21

admitted [3] - 20:8,

23:5, 23:9

ago [1] - 14:25

agree [3] - 14:2, 20:16

ahead [7] - 3:12, 4:5,

6:23, 11:10, 11:24,

18:24, 19:2

aided [1] - 24:8

al [1] - 1:8

Aldridge [1] - 2:4

allow [1] - 16:1

allowed [1] - 15:18

AMERICA [1] - 1:3

amount [1] - 21:21

amounts [1] - 21:1

AND [1] - 1:1

apart [1] - 22:20

apologize [2] - 17:5,

18:21

appeal [1] - 23:14

Appeals [1] - 22:20

apply [2] - 6:9, 10:22

approach [1] - 18:17

argue [1] - 14:13

ASSET [1] - 1:7

Asset [2] - 1:8, 3:7

Assets [2] - 3:2, 3:11

assignment [2] - 4:1,

23:8

assumption [1] -

19:24

attorney [30] - 4:1,

4:21, 5:24, 6:4, 6:14,

6:18, 7:5, 7:13, 7:19,

7:22, 7:24, 8:5, 9:10,

10:3, 10:17, 11:6,

14:4, 14:9, 15:9,

15:14, 15:15, 15:22,

16:6, 16:10, 17:13,

17:15, 17:21, 20:7,

21:8

August [1] - 8:1

authority [5] - 13:3,

17:17, 18:7, 18:9,

21:9

authorized [1] - 5:24

Avenue [1] - 2:5

B

BAC [1] - 1:4

balance [1] - 3:24

BANK [1] - 1:3

Bank [8] - 3:1, 8:5,

16:2, 18:11, 20:19,

20:23, 21:5, 21:10

banks [1] - 19:21

based [12] - 5:21,

6:19, 9:10, 9:21,

13:14, 14:10, 16:9,

19:17, 20:10, 20:20,

20:22, 20:25

basic [1] - 16:13

basis [1] - 19:20

Beach [1] - 2:5

behalf [8] - 3:4, 3:9,

5:25, 18:10, 19:9,

19:22, 20:18, 21:10

Behalf [2] - 2:3, 2:7

BELMONT [29] - 2:8,

3:10, 3:16, 4:2, 6:15,

6:24, 7:2, 9:9, 10:14,

11:8, 11:11, 11:13,

11:25, 12:1, 12:7,

12:20, 13:8, 13:23,

14:20, 14:24, 15:3,

15:16, 16:4, 17:7,

17:13, 18:5, 18:20,

20:4, 23:1

Belmont [6] - 2:9,

3:11, 3:15, 3:24,

11:7, 20:3

Belmont's [2] - 16:24,

18:22

better [1] - 16:14

between [3] - 8:5,

16:24, 17:3

breakdowns [1] - 19:7

brief [1] - 14:17

bring [1] - 21:5

brings [2] - 3:1, 3:6

brought [1] - 14:22

build [1] - 23:14

burden [2] - 10:7, 10:9

business [12] - 5:1,

5:3, 6:5, 6:9, 8:14,

8:15, 9:16, 9:17,

9:19, 9:24, 11:15,

17:2

but.. [1] - 20:2

BY [10] - 4:11, 7:2,

10:15, 11:13, 12:1,

12:11, 12:22, 13:10,

15:13, 15:20

C

Caliber [26] - 4:15,

4:16, 4:18, 4:22,

5:24, 7:8, 9:17, 9:19,

10:18, 11:15, 12:4,

12:13, 12:14, 12:23,

13:17, 13:18, 15:24,

15:25, 16:1, 16:3,

17:23, 18:3, 18:13,

19:9, 20:17, 21:9

Caliber's [12] - 4:19,

6:5, 6:9, 8:14, 8:15,

9:24, 10:21, 10:23,

11:21, 12:12, 12:17,

13:22

cannot [3] - 19:24,

23:13

caption [1] - 24:7

Carbon [5] - 12:24,

13:1, 13:4, 13:6,

13:12

CASE [1] - 1:2

case [13] - 14:14, 17:1,

17:5, 19:11, 19:13,

19:15, 19:19, 20:2,

20:18, 21:22, 21:24,

22:23, 23:11

cases [2] - 21:17,

21:23

CE [1] - 2:14

Center [1] - 1:16

certain [2] - 8:12, 12:2

certainly [1] - 22:16

CERTIFICATE [1] -

24:1

certified [1] - 10:10

certify [2] - 24:5,

24:12

chance [1] - 5:17

CIRCUIT [2] - 1:1

citations [2] - 21:22,

21:24

cited [1] - 21:17

City [1] - 24:16

1

clarify [1] - 15:12

classroom [1] - 13:13

CLERK [1] - 23:2

client [1] - 16:25

Cliff [3] - 2:15, 4:4,

4:13

CLIFF [1] - 4:7

College [1] - 2:9

coming [3] - 14:4,

14:9, 16:7

company [1] - 8:6

completely [1] - 18:9

computer [3] - 8:20,

8:23, 24:8

computer-aided [1] -

24:8

concluded [1] - 23:20

conduct [1] - 9:19

conducted [1] - 5:3

Congress [1] - 2:5

consisting [1] - 24:9

continue [1] - 12:8

continues [1] - 16:14

contract [6] - 16:3,

16:24, 16:25, 17:3,

17:8, 17:11

contrary [1] - 20:1

Copy [5] - 12:24, 13:1,

13:4, 13:6, 13:12

copy [11] - 7:14, 8:13,

8:24, 8:25, 9:12,

10:2, 10:10, 11:2,

17:11, 23:7

correct [4] - 4:2, 5:25,

6:1, 9:8

Counsel [2] - 14:5,

23:13

counsel [8] - 9:14,

14:13, 14:22, 18:1,

18:11, 21:13, 21:20,

24:12

counties [1] - 10:5

COUNTY [2] - 1:1,

24:4

County [2] - 1:15,

24:16

couple [1] - 3:25

course [1] - 5:1

COURT [43] - 1:1,

1:20, 3:1, 3:6, 3:12,

4:5, 6:23, 9:14,

10:13, 11:7, 11:10,

11:23, 12:10, 12:21,

13:9, 14:2, 14:4,

14:8, 14:13, 14:18,

14:23, 15:1, 15:5,

15:19, 16:11, 16:20,

17:12, 18:16, 18:24,

19:2, 19:24, 20:16,

21:4, 21:7, 21:13,

21:19, 22:6, 22:15,

22:18, 23:5, 23:9,

23:13, 23:19

court [15] - 8:4, 9:22,

15:10, 16:6, 16:8,

17:14, 17:21, 18:2,

19:12, 19:19, 21:9,

21:23, 22:17, 23:17,

24:20

Court [3] - 1:14, 1:21,

22:20

court's [1] - 20:20

create [1] - 10:9

created [2] - 5:10, 9:1

current [2] - 7:21, 8:8

custodiam [1] - 7:11

custodian [1] - 7:9

D

d/b/a [1] - 1:8

damages [1] - 20:14

date [1] - 7:24

Dated [1] - 24:15

DATED [1] - 1:7

dated [1] - 8:1

days [1] - 22:4

DE [1] - 2:14

decision [1] - 22:21

deemed [1] - 17:21

defect [1] - 18:16

Defendant [2] - 1:9,

2:7

Delray [1] - 2:5

demand [2] - 3:23,

20:13

department [1] - 13:3

departments [2] -

13:2, 13:5

determined [1] - 19:19

different [1] - 18:17

dire [1] - 6:21

DIRE [2] - 7:1, 11:12

DIRECT [1] - 4:10

discussion [1] - 22:19

dismissal [4] - 17:15,

20:5, 22:1, 22:5

dismissed [3] - 14:15,

22:23, 23:11

disrespect [1] - 22:16

document [33] - 4:19,

6:2, 6:3, 6:5, 6:10,

6:15, 6:16, 7:7, 8:12,

9:1, 9:3, 9:5, 9:18,

9:23, 10:16, 10:17,

10:22, 10:23, 11:14,

12:3, 13:21, 14:12,

15:11, 15:17, 15:21,

15:24, 15:25, 16:14,

16:18, 16:19, 17:1,

18:6, 19:8

documents [9] - 3:20,

3:21, 3:25, 7:12,

12:17, 12:19, 13:1,

13:4, 13:12

Downtown [1] - 1:23

due [1] - 21:1

duly [1] - 4:8

Dunnan [5] - 2:15, 4:4,

4:13, 7:3, 15:23

DUNNAN [1] - 4:7

during [1] - 17:23

duties [3] - 12:13,

12:16, 12:18

Dutton [1] - 15:22

E

easily [1] - 18:16

either [1] - 3:14

employed [2] - 4:14,

13:18

entered [5] - 3:20,

6:13, 11:5, 15:9,

17:1

entities [1] - 19:15

escrow [2] - 3:24, 19:6

ESQ [2] - 2:4, 2:8

et [1] - 1:8

event [3] - 5:10, 5:14,

24:14

evidence [23] - 3:20,

6:13, 9:20, 9:23,

10:12, 11:5, 14:9,

15:10, 15:18, 15:19,

16:7, 16:15, 16:21,

17:2, 17:22, 18:2,

18:6, 19:4, 19:14,

20:8, 20:12, 20:22,

20:25

exactly [1] - 23:4

EXAMINATION [3] -

4:10, 7:1, 11:12

exception [2] - 9:18,

17:3

exclude [1] - 9:10

excuse [1] - 15:23

Exhibit [2] - 6:13, 11:5

exhibit [1] - 23:7

exhibits [1] - 23:2

F

fact [1] - 9:10

facts [1] - 20:1

far [5] - 12:18, 15:11,

15:14, 16:9, 20:9

FAX [1] - 1:25

file [1] - 22:4

final [1] - 21:2

fine [2] - 3:16, 19:2

finish [1] - 14:22

finished [1] - 18:22

first [3] - 4:3, 4:8,

20:17

five [1] - 22:4

FL [3] - 1:21, 1:22,

1:23

flaws [1] - 16:13

FLORIDA [2] - 1:1,

24:3

Florida [4] - 1:16, 2:5,

2:10, 24:16

follow [1] - 13:15

follows [1] - 4:9

FOR [1] - 1:1

foregoing [2] - 24:6,

24:8

form [2] - 12:20, 13:8

Fort [5] - 1:16, 1:21,

1:22, 2:10, 24:16

forward [2] - 15:2,

22:10

FPR [2] - 24:5, 24:19

front [1] - 15:21

G

given [1] - 22:3

grant [1] - 17:14

granted [3] - 18:19,

21:11, 21:13

granting [1] - 22:1

H

hand [1] - 8:17

handing [1] - 6:2

headquarters [1] - 7:8

held [1] - 1:15

Hendry [1] - 1:22

hereby [1] - 24:5

hereof [1] - 24:8

hereto [1] - 24:7

himself [1] - 17:11

histories [1] - 20:14

history [4] - 3:23,

19:6, 19:7, 21:1

hit [1] - 8:23

holding [2] - 8:9, 8:17

HOLDINGS [1] - 1:7

Holdings [2] - 1:8,

3:11

Home [6] - 1:4, 4:15,

4:16, 9:17, 17:23,

19:9

Honor [50] - 3:3, 3:9,

3:10, 3:13, 3:19,

6:12, 6:16, 6:24, 9:9,

9:15, 10:14, 11:4,

11:9, 11:20, 11:25,

12:8, 13:23, 14:3,

14:11, 14:16, 14:17,

15:3, 15:6, 15:16,

16:4, 16:8, 16:16,

16:22, 17:7, 17:14,

17:18, 18:4, 18:20,

18:21, 19:1, 19:4,

19:6, 20:5, 20:6,

20:15, 20:20, 21:6,

21:12, 21:15, 22:2,

22:13, 22:25, 23:1,

23:6

Honorable [1] - 1:14

I

identified [4] - 10:16,

15:8, 15:15, 15:22

image [2] - 12:17, 13:4

imaged [3] - 9:2,

13:21, 13:25

imaging [6] - 8:19,

12:18, 12:23, 13:1,

13:11, 13:18

IN [2] - 1:1

INC [1] - 1:20

inclusive [1] - 24:9

individual [1] - 12:13

information [3] - 5:7,

5:9, 5:13

input [4] - 5:6, 5:13,

10:21, 10:23

inputting [1] - 13:1

instructor [1] - 13:14

interest [1] - 19:23

interested [1] - 24:14

internal [1] - 8:19

interrupted [2] - 3:5,

15:4

interruption [1] -

14:20

involuntarily [1] - 22:5

involuntary [2] -

17:15, 20:5

involved [2] - 13:11,

24:13

involvement [1] -

19:15

issue [1] - 23:14

items [1] - 4:23

itself [1] - 9:7

2

J

join [1] - 19:25

Judge [1] - 1:14

judgment [1] - 21:2

JUDICIAL [1] - 1:1

Justice [1] - 1:16

K

keep [2] - 4:25, 5:4

kept [2] - 7:7, 7:8

kind [1] - 13:25

knowledge [2] - 5:14,

5:21

L

Lane [1] - 1:23

large [1] - 10:7

last [1] - 22:2

law [2] - 17:1, 17:5

Law [1] - 2:9

least [1] - 18:25

LEE [2] - 1:1, 24:4

Lee [2] - 1:15, 24:16

left [1] - 15:7

letter [2] - 3:23, 20:13

limited [1] - 11:5

limits [1] - 20:21

line [1] - 16:5

listed [1] - 11:16

LLP [1] - 2:4

loan [14] - 3:22, 4:23,

5:17, 5:18, 5:24,

8:25, 9:1, 9:2, 16:2,

17:25, 18:3, 19:10,

19:17, 20:11

Loans [6] - 1:4, 4:15,

4:16, 9:17, 17:24,

19:9

loans [3] - 10:8, 10:11

Look [1] - 22:21

looked [1] - 8:22

LP [1] - 1:4

LSF9 [1] - 18:12

M

ma'am [1] - 7:17

Main [1] - 1:22

maintain [2] - 4:22,

5:6

manner [1] - 22:12

Master [1] - 18:12

material [1] - 13:16

matter [4] - 4:17, 4:20,

20:10, 20:15

MAY [1] - 1:7

mean [1] - 22:16

meets [1] - 17:2

MERIT [1] - 1:20

meritorious [1] -

23:14

met [1] - 21:3

MICHELE [1] - 2:8

Michele [2] - 2:9, 3:10

might [2] - 8:6, 8:8

minutes [1] - 14:25

missed [1] - 20:17

missing [1] - 22:9

Missouri [2] - 7:11,

7:12

modification [3] -

3:22, 3:23, 20:11

Monroe [1] - 1:16

morning [4] - 3:3, 3:8,

3:10, 7:3

mortgage [4] - 3:22,

4:1, 4:22, 23:8

most [1] - 7:21

motion [7] - 18:18,

18:23, 20:4, 21:11,

21:14, 22:1, 22:4

move [7] - 6:12, 9:9,

11:4, 14:6, 14:8,

14:14, 18:8

moved [1] - 15:9

MR [41] - 3:3, 3:8,

3:13, 3:18, 4:3, 4:11,

6:12, 9:15, 10:15,

11:4, 11:20, 12:11,

12:22, 13:10, 14:3,

14:7, 14:11, 14:16,

15:6, 15:13, 15:20,

16:8, 16:16, 16:22,

17:18, 18:21, 18:25,

19:4, 20:6, 20:20,

21:6, 21:12, 21:15,

22:2, 22:13, 22:16,

22:25, 23:4, 23:6,

23:10, 23:18

MS [28] - 3:10, 3:16,

4:2, 6:15, 6:24, 7:2,

9:9, 10:14, 11:8,

11:11, 11:13, 11:25,

12:1, 12:7, 12:20,

13:8, 13:23, 14:20,

14:24, 15:3, 15:16,

16:4, 17:7, 17:13,

18:5, 18:20, 20:4,

23:1

Myers [5] - 1:16, 1:21,

1:22, 2:10, 24:16

N

N.A [2] - 1:3, 20:24

name [1] - 4:12

Naples [1] - 1:23

near [1] - 5:10

need [3] - 3:14, 21:19,

23:2

never [2] - 9:13, 17:9

new [1] - 18:11

NO [1] - 1:2

normal [1] - 5:1

note [3] - 3:21, 3:22,

20:11

notes [2] - 4:23, 24:10

nothing [1] - 19:1

numbered [1] - 24:9

O

oath [1] - 4:8

object [4] - 6:15,

11:20, 16:5, 17:19

objecting [1] - 3:25

objection [12] - 10:13,

11:23, 12:8, 12:10,

12:20, 13:8, 13:23,

14:2, 14:5, 15:16,

16:4, 18:1

objections [1] - 15:10

obtain [1] - 9:3

obviously [2] - 10:7,

17:19

occurs [1] - 5:11

OF [5] - 1:1, 1:3, 1:12,

24:3, 24:4

Office [1] - 1:22

Offices [1] - 2:9

official [1] - 10:4

once [1] - 3:8

one [10] - 3:15, 7:22,

8:1, 8:2, 8:6, 8:9,

10:10, 19:5, 20:17,

22:9

opening [1] - 3:14

opportunity [2] - 6:21,

7:4

opposing [2] - 14:21,

18:1

ordinary [1] - 5:1

original [25] - 3:21,

3:22, 6:17, 6:20, 7:4,

7:13, 7:14, 7:15,

7:18, 8:11, 9:6, 9:8,

9:12, 9:13, 10:10,

10:24, 11:1, 11:18,

12:4, 17:9, 20:10,

20:11

original-original [1] -

7:15

otherwise [1] - 14:14

outset [1] - 16:13

overruled [1] - 11:23

owing [1] - 21:2

own [1] - 5:21

P

P.A [1] - 2:9

p.m [1] - 23:21

Page [1] - 24:7

pages [1] - 24:9

Panther [1] - 1:23

Paquero [2] - 19:11,

19:13

Parkway [1] - 2:9

part [6] - 5:3, 6:5,

8:15, 9:24, 12:12,

12:16

Participation [1] -

18:12

particular [4] - 9:2,

17:25, 19:17, 20:2

parties [3] - 16:24,

17:4, 24:13

party [1] - 16:25

payment [5] - 3:23,

19:6, 19:7, 20:14,

21:1

payments [1] - 19:22

perhaps [2] - 17:8,

18:18

permitted [1] - 17:16

person [11] - 5:14,

10:22, 11:14, 11:17,

11:19, 12:3, 12:5,

12:25, 13:4, 13:18,

13:21

personal [1] - 5:21

persons [2] - 12:16,

12:25

phone [1] - 14:23

phonetic [1] - 19:11

photocopy [6] - 6:17,

7:19, 8:16, 8:17, 9:6,

17:8

pick [2] - 22:19, 23:16

Pite [1] - 2:4

place [1] - 24:7

Plaintiff [2] - 1:5, 2:3

plaintiff [16] - 3:4, 3:9,

4:17, 4:20, 5:25,

6:12, 11:4, 17:18,

17:24, 18:10, 18:11,

18:14, 20:10, 20:23,

22:3, 23:12

plaintiff's [1] - 4:3

platform [1] - 12:23

point [1] - 23:15

policies [1] - 12:12

policy [1] - 11:21

position [1] - 21:24

possibly [2] - 8:7,

8:10

Power [1] - 14:4

power [27] - 4:1, 4:21,

5:23, 6:4, 6:13, 6:18,

7:4, 7:13, 7:18, 7:21,

7:24, 9:10, 10:2,

10:17, 11:5, 14:9,

15:8, 15:14, 15:15,

15:22, 16:6, 16:10,

17:13, 17:15, 17:20,

20:7, 21:8

powers [2] - 8:4, 10:3

preliminary [1] - 17:23

preparation [1] -

18:18

prepared [6] - 10:17,

14:12, 15:24, 21:20,

22:8

preparing [1] - 15:25

presented [2] - 14:10,

23:15

Presidential [1] - 1:21

previously [6] - 5:23,

6:8, 10:20, 15:15,

15:23, 17:22

print [1] - 8:23

problem [3] - 17:7,

21:7, 22:9

proceedings [5] - 3:5,

15:4, 23:20, 24:6,

24:11

PROCEEDINGS [1] -

1:12

produced [1] - 16:3

projector [1] - 13:15

property [1] - 19:22

proposed [2] - 21:2,

23:7

proven [1] - 21:8

provide [1] - 10:10

purpose [2] - 15:24,

16:19

pursue [1] - 20:24

pursuing [1] - 20:18

put [3] - 11:14, 12:3,

19:2

Q

questioning [2] - 16:5,

17:23

questions [2] - 11:8,

12:8

3

quite [1] - 10:9

R

RC [1] - 2:14

RD [1] - 2:14

reading [1] - 13:16

ready [2] - 15:1, 21:25

reason [3] - 10:6,

17:16, 22:22

reasoning [1] - 19:20

receive [3] - 12:18,

13:5, 13:19

received [1] - 13:22

recess [2] - 14:17,

14:19

recognize [1] - 6:2

record [15] - 3:5, 5:10,

5:14, 5:15, 9:17,

9:18, 15:4, 19:1,

19:3, 20:9, 21:16,

23:3, 23:10, 24:10

recorded [5] - 6:17,

10:2, 10:3, 23:7

records [16] - 4:22,

4:25, 5:4, 5:6, 6:6,

6:9, 8:4, 8:14, 8:15,

9:24, 10:4, 10:20,

10:21, 10:23, 11:15,

17:3

Reese [1] - 1:14

reference [1] - 19:12

referring [1] - 9:6

reflect [1] - 23:11

reflects [2] - 4:19,

21:1

regarding [11] - 4:22,

6:9, 10:16, 10:20,

12:13, 13:11, 15:11,

15:21, 19:14, 19:15,

21:17

regardless [3] - 17:2,

17:20, 20:6

regularly [1] - 5:3

related [2] - 4:16, 4:23

relationship [1] - 4:20

relevance [2] - 16:20,

16:22

relied [1] - 9:18

rely [1] - 8:15

relying [1] - 18:5

remedied [1] - 18:17

renewing [1] - 20:4

Reporter [1] - 24:20

REPORTING [1] - 1:20

request [2] - 22:2,

22:3

required [1] - 12:16

requirement [1] -

13:17

requirements [1] -

21:3

research [1] - 21:20

response [1] - 22:4

responses [1] - 18:22

responsible [1] -

12:25

rest [1] - 14:22

resurrect [1] - 16:12

review [8] - 5:17, 5:21,

6:20, 7:4, 7:12, 8:4,

8:16, 11:22

reviewed [6] - 7:15,

8:3, 10:23, 11:1,

11:18, 12:4

ruling [3] - 14:14,

19:20, 20:21

S

saw [1] - 8:22

sbm [1] - 1:4

screen [1] - 8:23

see [2] - 15:1, 22:21

sent [2] - 17:6, 21:18

September [2] - 1:17,

24:15

service [2] - 5:24, 16:1

servicer [6] - 4:18,

10:7, 10:9, 17:24,

18:3, 19:17

servicers [1] - 19:21

services [1] - 10:8

Servicing [1] - 1:4

servicing [3] - 8:5,

9:19, 19:9

setting [1] - 13:13

several [1] - 3:20

short [1] - 14:19

show [4] - 16:23, 18:6,

20:14, 20:17

showing [2] - 17:1,

20:23

shown [3] - 6:16,

17:17, 19:14

shows [4] - 9:24, 19:7,

19:13, 20:9

side [1] - 3:15

Simonetti [1] - 24:19

SIMONETTI [1] - 24:5

sit [2] - 12:2, 17:10

sitting [1] - 7:22

solicitor [1] - 24:13

sorry [6] - 7:14, 7:16,

14:7, 14:20, 19:25,

21:25

standing [3] - 19:16,

20:10, 20:24

state [1] - 4:12

STATE [1] - 24:3

State [1] - 24:16

statements [2] - 3:14,

21:17

stenographic [1] -

24:10

step [4] - 20:17, 22:9,

22:10, 22:11

stipulated [5] - 3:19,

3:21, 19:5, 20:9,

20:12

Street [2] - 1:16, 1:22

strike [1] - 18:8

stuff [1] - 23:16

styled [1] - 1:15

subject [1] - 5:18

submit [1] - 23:7

substituted [1] - 18:10

Suite [4] - 1:21, 1:22,

2:5, 2:9

support [1] - 21:24

Susan [1] - 24:19

SUSAN [1] - 24:5

sustained [5] - 10:13,

12:10, 14:2, 14:5,

15:10

Sustained [2] - 12:21,

13:9

sworn [1] - 4:8

system [10] - 5:6, 5:9,

5:13, 8:19, 8:20,

10:21, 12:4, 12:17,

13:19, 13:22

systems [1] - 13:15

T

TAYLOR [42] - 2:4,

3:3, 3:8, 3:13, 3:18,

4:3, 4:11, 6:12, 9:15,

10:15, 11:4, 11:20,

12:11, 12:22, 13:10,

14:3, 14:7, 14:11,

14:16, 15:6, 15:13,

15:20, 16:8, 16:16,

16:22, 17:18, 18:21,

18:25, 19:4, 20:6,

20:20, 21:6, 21:12,

21:15, 22:2, 22:13,

22:16, 22:25, 23:4,

23:6, 23:10, 23:18

Taylor [3] - 3:4, 3:9,

23:2

ten [1] - 14:24

testified [7] - 6:19,

9:16, 11:21, 13:24,

14:12, 17:22, 17:25

testifies [1] - 4:8

testify [7] - 9:11,

15:17, 16:17, 17:16,

18:7, 18:9, 20:7

testifying [2] - 15:7,

18:15

testimony [8] - 5:20,

6:8, 9:22, 16:9,

16:23, 18:3, 18:8,

20:21

THE [44] - 1:1, 3:1,

3:6, 3:12, 4:5, 6:23,

9:14, 10:13, 11:7,

11:10, 11:23, 12:10,

12:21, 13:9, 14:2,

14:4, 14:8, 14:13,

14:18, 14:23, 15:1,

15:5, 15:19, 16:11,

16:20, 17:12, 18:16,

18:24, 19:2, 19:24,

20:16, 21:4, 21:7,

21:13, 21:19, 22:6,

22:15, 22:18, 23:2,

23:5, 23:9, 23:13,

23:19

therefore [4] - 9:20,

10:11, 18:7, 18:14

Thereupon [1] - 4:6

Thomas [1] - 1:14

thousands [1] - 10:8

timely [1] - 22:12

today [13] - 5:18, 8:17,

10:6, 12:3, 14:10,

17:10, 17:22, 18:15,

20:8, 20:21, 20:25,

21:9, 21:25

Torrey [2] - 3:3, 3:9

TORREY [1] - 2:4

train [1] - 12:12

training [7] - 12:18,

13:5, 13:11, 13:13,

13:19, 13:22, 14:1

TRANSCRIPT [1] -

1:12

transcription [1] -

24:8

transmitted [1] - 5:9

trial [5] - 1:15, 5:18,

14:22, 18:17, 22:7

true [6] - 6:19, 8:12,

9:12, 17:10, 19:25,

24:10

TRUST [1] - 1:7

Trust [7] - 3:6, 3:11,

8:5, 18:11, 18:12,

20:24, 21:5

trustee [1] - 18:12

try [3] - 7:16, 16:12,

21:21

two [2] - 16:24, 17:4

typically [1] - 19:21

4

U

U.S [9] - 3:1, 3:6, 8:5,

16:2, 18:11, 20:18,

20:23, 21:4, 21:10

unable [1] - 9:11

under [2] - 19:11,

19:13

unless [1] - 3:15

unlimited [1] - 21:21

up [5] - 8:22, 21:8,

21:22, 23:15, 23:16

uses [1] - 12:23

V

various [2] - 10:4,

13:2

version [1] - 8:8

versus [2] - 3:7, 11:1

voir [1] - 6:21

VOIR [2] - 7:1, 11:12

vs [2] - 1:6, 3:1

W

wants [1] - 3:15

ways [1] - 9:3

web [1] - 13:14

web-based [1] - 13:14

whole [1] - 16:5

wish [1] - 19:25

withdraw [1] - 23:16

witness [18] - 4:3,

6:18, 6:22, 9:11,

9:16, 11:9, 11:20,

13:24, 14:11, 15:7,

17:9, 17:16, 17:22,

18:5, 18:13, 18:14,

20:7, 21:4

WITNESS [1] - 2:14

witness's [2] - 18:8,

20:21

works [1] - 18:13

written [1] - 22:4