Deposition of MINERVA FLOWERS+DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, ETC., by Brian Korte


00001
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
2 IN AND FOR PALM BEACH COUNTY, FLORIDA
3 CASE NO. 2008 CA 035466(AW)
4
5
DEUTSCHE BANK NATIONAL TRUST
6 COMPANY, AS TRUSTEE, ETC.,
7 Plaintiff(s),
8 vs.
9 MARIE CARMELLE JULIEN,
10 Defendant(s).
__________________________________ /
11
12
13
14 DEPOSITION OF MINERVA FLOWERS
TAKEN AT THE INSTANCE OF THE DEFENDANT(S)
15
16
17
18 West Palm Beach, Florida
March 9, 2011
19 4:23 – 5:50 p.m.
20

1 APPEARANCES:
2
3 KORTE & WORTMAN, P.A.
2041 Vista Parkway, Ste. #102
4 West Palm Beach, Florida 33411
Attorneys for the Defendant(s)
5 By: BRIAN K. KORTE, ESQUIRE.
6
7
8 AKERMAN SENTERFITT
222 Lakeview Ave., Ste. 400
9 West Palm Beach, Florida 33401
Attorneys for the Witness
10 By: VICTOR R. BERWIN, ESQUIRE
11
12
13 MORRIS HARDWICK SCHNEIDER, LLC
5110 Eisenhower Blvd., Ste. 120
14 Tampa, Florida 33634
Attorneys for the Plaintiff(s)
15 By: OWEN H. SOKOLOF, ESQUIRE
KELLY M. WILLIAMS, ESQUIRE
WITNESS: PAGE
5
6 MINERVA FLOWERS
7
Direct Examination by Mr. Korte 4
E X H I B I T S
15 – – -
16
NUMBER DESCRIPTION PAGE
17
18 DEFT’S EX. 1 PLTF’S RESPONSE/DEFT’S INTERROGS 7
19
DEFT’S EX. 2 COMPLAINT/FORECLOSE MORTGAGE, ETC 7
20
21 DEFT’S EX. 3 DEFT’S FIRST INTERROGS TO PLTF 7
22
DEFT’S EX. 4 CASE DOCKET SHEETS AS OF 3/9/11 7
23
24
25
00004
1 was taken before me,
2 Wanda D. Good, Certified Professional Reporter, Notary
3 Public, State of Florida at Large, at 2041 Vista
4 Parkway, Suite #102, in the City of West Palm Beach,
5 County of Palm Beach, State of Florida, beginning at
6 the hour of 4:23 p.m., on March 9, 2011, pursuant to
7 notice filed herein, at the instance of the
8 Defendant(s) in the above-entitled cause pending before
9 the above-named court.
10 – – -
11 THEREUPON,
12 MINERVA FLOWERS,
13 being by me first duly sworn or affirmed to testify the
14 whole truth, as hereinunder certified, testified as
15 follows:
16 DIRECT EXAMINATION MINERVA FLOWERS
17 BY MR. KORTE:
18 Q. Ma’am, my name is Brian Korte, and I’m going
19 to take your deposition today.
20 Have you ever had your deposition taken
21 before?
22 A. Yes.
23 Q. How many times?
24 A. Approximately six.
25 Q. Okay. So since you’ve had your deposition
00005
1 taken so many times, I’m not going to give you the
2 underlying rules in any kind of verbose order, but I
3 need you to answer out loud and not nod your head.
4 A. Yes.
5 Q. Uh-huhs and uh-uhs aren’t good.
6 A. Right.
7 Q. Okay. And I’d just like for you to do me a
8 favor and just give us the benefit of your name
9 spelling your last.
10 A. Minerva Flowers. The last name is spelled
11 F-l-o-w-e-r-s.
12 Q. Ms. Flowers, will you do you me a favor and
13 give me the benefit of your education going from the
14 time you left high school going forward.
15 A. Graduated high school 1984; went into junior
16 college right after that; completed about a year
17 and-a-half, and then went right into the workforce from
18 there.
19 Q. After leaving junior college, what was your
20 first job?
21 A. I worked for AT&T.
22 Q. And after leaving AT&T, where did you work?
23 A. I’ve always worked for the same company for
24 the past — previous 23 years. It was purchased –
25 AT&T/Universal Card was purchased by CitiBank.
00006
1 Q. So you worked for AT&T/Universal Card?
2 A. Initially for AT&T’s business office, and
3 then I went to AT&T Universal Card, which was purchased
4 by CitiBank.
5 Q. Okay. So when did you come to work for
6 Deutsche Bank National Trust Company?
7 A. I don’t work for them.
8 Q. So who is your current employer?
9 A. American Home Mortgaging Servicing,
10 Incorporated.
11 Q. So you worked at AT&T until it was purchased
12 by Citi?
13 A. Mm-hmm. Yes.
14 Q. And when did you leave Citi and join American
15 Home Mortgage Servicing, Incorporated?
16 A. I’ve worked for AHMSI, American Home Mortgage
17 Servicing, for the past eighteen months, and for the
18 prior 23 years, I worked for CitiBank.
19 Q. So sometime in 2010, you joined AHMSI?
20 A. Yes.
21 Q. Okay. What is your job title at AHMSI?
22 A. Default litigation specialist.
23 Q. And what does a default litigation specialist
24 do?
25 A. I manage a portfolio of loans currently in
00007
1 foreclosure in which the borrower has filed — they
2 have contested the foreclosure. I work hand in hand
3 with the attorney handling that litigation.
4 Q. Are you aware of a case Deutsche Bank
5 National Trust Company versus Marie Julien?
6 A. Yes.
7 Q. And when did you become first involved in
8 that case?
9 A. October of last year.
10 Q. If you recall, what was your first
11 involvement with that case?
12 A. Reviewing interrogatories.
13 (Defendant Exhibit Nos. 1, 2, 3 and 4 were
14 marked for identification purposes only and is
15 attached hereto.)
16 MR. KORTE: Ma’am, I’m going to hand you
17 what’s been marked as Defendant’s 1, which is your
18 response to Defendant’s interrogatories, and I’m
19 also going to hand you Defendant’s No. 3, the
20 interrogatories themselves.
21 (Document(s) handed to witness.)
22 BY MR. KORTE:
23 Q. I showed them to your counsel previously.
24 Ma’am, Defendant’s 3, is that the document
25 that you began reviewing as interrogatories to your
00008
1 previous answer?
2 A. Yes.
3 Q. And did you have an opportunity to review
4 Defendant’s 3 before coming here today?
5 A. Yes.
6 Q. In response to Defendant’s No. 3, the
7 interrogatories, did you at some point in time craft
8 responses to those interrogatories?
9 A. I verified responses.
10 Q. When you say you “verified responses,” what
11 does that mean?
12 A. Responses were provided to me, and I verified
13 the accuracy of the responses.
14 Q. Okay. I’d like for you to take an
15 opportunity here and look at Defendant’s No. 1, if you
16 would.
17 A. Yes.
18 Q. Are those your verified responses?
19 A. Yes.
20 Q. Just so — and I don’t want to put words in
21 your mouth, so tell me if it’s not the way that is.
22 Am I to understand that these responses were
23 crafted for you, you verified their accuracy and signed
24 the Defendant’s 1?
25 A. Yes.
00009
1 Q. Okay. So if you’d do me a favor and look at
2 the first question of the interrogatories, and then
3 look at your answer on Defendant’s 3 and tell me if you
4 believe that’s a response to the question.
5 A. It’s the client rep’s name.
6 Q. Does it contain the rest of the information
7 that was requested under Interrogatory No. 1?
8 A. The address is not provided.
9 Q. Why wasn’t it provided?
10 A. The address I provide is in care of the
11 attorney.
12 Q. Did you provide any address?
13 A. I did not.
14 Q. Why not?
15 A. Probably just forgot or a mistake that I
16 didn’t include it, and — because typically I would put
17 in care of the attorney’s address.
18 Q. Okay. Let’s move on to Interrogatory No. 2.
19 Will do me a favor and just briefly review
20 Interrogatory No. 2 in Defendant’s 3?
21 A. Sure.
22 (Thereupon, witness’s cellular telephone
23 vibrates.)
24 THE WITNESS: Yes, I’m — I’m good. Okay.
25 Sorry.
00010
1 BY MR. KORTE:
2 Q. Have you had an opportunity to review
3 Interrogatory No. 2, ma’am?
4 A. Yes.
5 Q. If you’d do me a favor and review your
6 response?
7 A. Yes.
8 Q. Do you believe your answer to No. 2 is
9 responsive to Interrogatory No. 2?
10 A. I do.
11 Q. Can you tell me where you respond as to
12 whether or not the Plaintiff has a legal and beneficial
13 interest in the property or the Note?
14 A. Repeat the question?
15 Q. In Interrogatory — let me strike the
16 question.
17 In Interrogatory No. 2, you were asked
18 whether you possess a legal or beneficial interest.
19 Do you see that part of the question, ma’am?
20 A. Yes.
21 Q. Can you show me where in your answer to No. 2
22 you say any kind of thing that says beneficial
23 interest?
24 A. Yes, by custody of the original documents.
25 Q. Okay. Well, do you understand what’s being
00011
1 asked by the words “beneficial interest”?
2 A. We have interest in the property.
3 Q. Well, let me back up.
4 When you say “we,” who do you mean by we?
5 A. The Plaintiff.
6 Q. And the Plaintiff is Deutsche Bank National
7 Trust Company, correct?
8 A. Yes, that’s correct.
9 Q. Okay. And before coming here today, have you
10 had an opportunity to speak with Deutsche Bank National
11 Trust Company in this case?
12 A. No.
13 Q. Have you ever spoken to Deutsche Bank
14 National Trust Company?
15 A. No.
16 Q. Have you ever communicated in any way, shape
17 or form via e-mail, tweet, Facebook, blog entry or
18 otherwise with Deutsche Bank National Trust Company?
19 A. I’ve reviewed documents that have been
20 provided.
21 Q. I understand you reviewed documents, but my
22 question is: Have you had a communication with them?
23 A. No.
24 Q. So when you answered these documents, you
25 were answering on behalf of Deutsche Bank National
00012
1 Trust Company and not AHMSI, correct?
2 A. I believe on behalf of both companies.
3 Q. Okay. Well on behalf of Deutsche Bank, do
4 you believe that Deutsche Bank has a beneficial
5 interest in this note?
6 A. I do.
7 Q. And how did you come to that belief?
8 A. Because they are the owner of the Note and
9 Mortgage.
10 Q. And how do you know that they’re the owner of
11 the Note and Mortgage, ma’am?
12 A. Because they are — they have an agreement,
13 and the Note and Mortgage was part of that agreement.
14 Q. When you say “an agreement,” what agreement
15 are we referring to?
16 A. The Pooling and Servicing Agreement.
17 Q. Have you seen that document?
18 A. Yes.
19 Q. Have you reviewed that document?
20 A. Yes.
21 Q. And what part of that document, if you can
22 recall, says that Deutsche Bank has an interest in the
23 Note at issue in this case?
24 A. I don’t know the exact part of the agreement.
25 Q. Okay. But you’re sure that it’s there?
00013
1 A. Yes.
2 Q. And that’s what you’re relying on in Question
3 No. 2?
4 A. And also they are in possession of the
5 original Note.
6 Q. Well, I’ve heard you say that a couple of
7 times, and I just want to go through it.
8 Can you tell me when Deutsche Bank came into
9 possession of the original Note?
10 A. Shortly after the closing of the loan, the
11 loan was placed into the trust, which I believe was
12 February of 2006.
13 Q. And let me go back and give you one more rule
14 about depositions. I want you to speak from personal
15 knowledge, not documents you’ve read or other documents
16 that you may have seen or conversations you’ve had with
17 third parties, your personal knowledge.
18 Do you have any personal knowledge as to
19 whether or not the Note was physically delivered to
20 Deutsche Bank at any time?
21 A. Was I personally there, is that what you’re
22 asking?
23 Q. I’m asking if you have any personal knowledge
24 that the Note was physically transferred to Deutsche
25 Bank at any time.
00014
1 A. Yes.
2 Q. Okay. How do you have that personal
3 knowledge?
4 A. Based on business records.
5 Q. Other than the review of business records, do
6 you have any other way to get personal knowledge?
7 A. No.
8 Q. Okay. You didn’t see it happen?
9 A. I did not.
10 Q. You didn’t see the physical Note being taken
11 out of an envelope at some point in time and be
12 delivered to Deutsche Bank?
13 A. No.
14 Q. Was the Note ever physically delivered to
15 AHMSI?
16 MR. BERWIN: Objection; form.
17 THE WITNESS: Delivered to AHMSI?
18 MR. KORTE: Yes, ma’am.
19 THE WITNESS: I don’t know.
20 BY MR. KORTE:
21 Q. Do you have any knowledge whether or not
22 AHMSI ever came to physically possess the original
23 Note?
24 A. Yes, I believe so.
25 Q. Do you know when that was?
00015
1 A. At the time we — the loan — the file was
2 referred to our foreclosure counsel.
3 Q. Do you know the date that the Note became
4 physically in possession of AHMSI?
5 A. I do not.
6 Q. Do you know if it was before or after the
7 foreclosure case was filed?
8 A. I believe it was before.
9 Q. Okay. Well then, let’s go back to
10 Interrogatory No. 3 here, ma’am.
11 A. Three?
12 Q. Do you see your answer to Interrogatory
13 No. 3?
14 A. My answer is: Yes. The answer to this
15 interrogatory is obvious from the Complaint filed in
16 this case.
17 Q. Okay. Can you do me a favor and look at
18 what’s been marked as Defendant’s No. 2, which I’m
19 going to hand you now, and tell me specifically what
20 documents are referred to in the Defendant’s No. 2 that
21 are so obvious.
22 (Document(s) handed to witness.)
23 THE WITNESS: The complete document. This
24 is a copy of the Complaint.
25 BY MR. KORTE:
00016
1 Q. Okay. And you think the Complaint gives you
2 the right to file and pursue a foreclosure action?
3 A. Yes.
4 Q. Any other basis for having authority to file
5 a foreclosure action that you’re aware of, ma’am?
6 A. And also that the original document –
7 documents were presented to the Court.
8 Q. Anything else?
9 A. And that it’s — the loan is part of the
10 Pooling and Servicing Agreement that gives us the
11 right.
12 Q. Okay. Anything else?
13 A. No.
14 Q. Okay. Can you look at your answer to No. 3,
15 please?
16 A. Answer: Yes. The answer to this
17 interrogatory is obvious from the Complaint filed in
18 this case.
19 Q. Can you do me a favor and point somewhere in
20 the Complaint where I can obviously find it, the
21 reference to the Pooling and Servicing Agreement?
22 A. I don’t know if that’s in the Complaint. I
23 just added that because you asked me if there was
24 anything else.
25 Q. Well, Interrogatory 3 asked you for all of
00017
1 the documents, didn’t it?
2 A. It says: Please state whether you claim to
3 possess the authority or power to file and pursue
4 foreclosure of this Note or Mortgage or both, and if
5 so, explain why you so claim, identifying any documents
6 and clauses therein which gives you the authority or
7 power you claim. If you do not claim any such
8 authority or power, please explain why you do not claim
9 such authority or power.
10 Q. Okay. So did you identify any documents
11 other than the Complaint in your interrogatory answer,
12 ma’am?
13 A. In my interrogatory answer, no.
14 Q. Okay. Would you be willing to admit that
15 your interrogatory answer is incomplete given your
16 current testimony?
17 A. I think it satisfies your question in No. 3.
18 Q. Okay. The documents you identified in
19 Interrogatory Answer No. 3 were just the Complaint,
20 correct?
21 A. Yes.
22 Q. So that’s the complete answer?
23 A. I think it satisfies the — the question.
24 Q. There are no other documents other than the
25 Complaint you’re relying upon for your authority to
00018
1 file this complaint?
2 MR. BERWIN: Objection; form.
3 THE WITNESS: I think the document presented
4 is accurate.
5 MR. KORTE: That’s not my question, ma’am.
6 MR. BERWIN: Repeat the question, please.
7 BY MR. KORTE:
8 Q. Would it be fair to say that the only
9 document you’re relying upon for your authority to file
10 the Complaint –
11 A. No.
12 Q. — is the Complaint itself?
13 A. No.
14 Q. Let me ask you then: In Interrogatory No. 3,
15 did you list any other documents other than the
16 Complaint in your response, ma’am?
17 A. I did not.
18 Q. Why did you fail to list — not list those
19 documents?
20 A. An oversight.
21 Q. Okay. What documents did you review in
22 preparing these interrogatory answers, ma’am?
23 A. It depends on which — I reviewed several
24 documents based — depending on the question that was
25 asked.
00019
1 Q. I asked you for a complete list. Please give
2 me a complete list of every document that you reviewed
3 in preparing these interrogatory answers, ma’am.
4 A. Every document I reviewed? I would have to
5 go through each question.
6 Of course I reviewed the copy of the Note and
7 the Mortgage, Pooling and Servicing Agreement, the
8 Complaint, the notice, the default letter sent to the
9 borrower and the payment history, Request for
10 Production, your questions.
11 Q. Anything else?
12 A. That’s all I can think of at this moment.
13 Q. Okay. Well, let’s talk about No. 3 then,
14 Question No. 3.
15 What documents did you review out of the list
16 that you just gave me to answer No. 3?
17 A. The Complaint.
18 Q. You didn’t review the Pooling and Servicing
19 Agreement?
20 A. I did review it through reviewing this
21 document, the complete document. I can’t recall if I
22 reviewed it for No. 3.
23 Q. Okay. So would it be fair to say that the
24 Pooling and Servicing Agreement is a document you
25 relied upon to give you the authority to file this
00020
1 Complaint?
2 A. Yes.
3 Q. So to answer the question completely, what
4 sections of that document are you relying upon?
5 A. I don’t recall the specific sections.
6 Q. Other than the Pooling and Servicing
7 Agreement and the Complaint, are there any other
8 documents you relied upon to give you authority to file
9 this Complaint?
10 A. The original note and mortgage.
11 Q. Okay. Well, let’s talk about the original
12 Note and Mortgage for a moment.
13 You claim you reviewed those before answering
14 these interrogatories?
15 A. Copies.
16 Q. I’m sorry?
17 A. Copies.
18 Q. Okay. Now you reviewed copies?
19 A. Yes.
20 Q. Okay. Did you ever have an opportunity to
21 review the original before coming here today?
22 A. No.
23 Q. Have you ever seen the original?
24 A. No.
25 Q. You have Defendant’s 2 in front of you, which
00021
1 is the Complaint itself.
2 A. Yes.
3 Q. Can you do me a favor and look at the Note
4 attached to Defendant’s No. 2?
5 A. Yes.
6 Q. Can you do me a favor and show me in
7 Defendant’s No. 2 on that Note anywhere where it says
8 “Deutsche Bank” or “AHMSI”?
9 A. I don’t believe either of those companies are
10 listed on the Note.
11 Q. So how does the Note give you the authority
12 to file a complaint in the name of Deutsche Bank when
13 the Note is clearly listed to the benefit of Argent
14 Mortgage Company, LLC?
15 MR. BERWIN: Objection; form.
16 THE WITNESS: I — I reviewed a Note that had
17 a blank endorsement which allows us to present the
18 original.
19 BY MR. KORTE:
20 Q. When did you review a Note with a blank
21 endorsement, ma’am?
22 A. Prior to coming here today.
23 Q. Did you review a Note with a blank
24 endorsement before filing the answers to the
25 interrogatories?
00022
1 A. No.
2 Q. So how could you have relied upon a Note that
3 had a blank endorsement to create your right to file a
4 case?
5 MR. BERWIN: Objection; form.
6 THE WITNESS: It was the original Note.
7 BY MR. KORTE:
8 Q. Okay. Let me just — maybe I’m not
9 understanding this, and I’m getting a little frustrated
10 with it. I’m sorry.
11 A. Sure.
12 Q. You reviewed a Note or a copy of a Note that
13 did not have a blank endorsement, correct?
14 A. No.
15 Q. Okay. When you reviewed the Note in
16 preparation of these interrogatories –
17 A. Oh, for the interrogatories?
18 Q. — was there a blank endorsement on the Note?
19 A. No, the — the copy of the Note I reviewed
20 was like your copy.
21 Q. Okay. So how could you have relied upon a
22 Note that was a copy without a blank endorsement giving
23 AHMSI the authority or Deutsche Bank the authority to
24 file a complaint?
25 A. Because we were in possession of the original
00023
1 Note.
2 Q. How did you know that, that you were in
3 possession of the original Note?
4 A. I reviewed the business records.
5 Q. Okay. And the copy you had of the original
6 Note did not have a blank endorsement, correct?
7 A. No. The one I reviewed was just like yours.
8 Q. Do you know when the blank endorsement was
9 placed upon the Note?
10 A. No.
11 Q. Ma’am, let me ask you a little further about
12 the Pooling and Servicing Agreement that you reviewed
13 before coming here today.
14 Do you know who the parties are to that
15 Pooling and Servicing Agreement?
16 A. I know that Deutsche Bank is the trustee.
17 Q. Deutsche Bank as trustee for what trust?
18 A. The trust of the Pooling and Servicing
19 Agreement. They’re the trustee for that trust.
20 Q. I’m asking you specifically who the party is.
21 Which trust are they a trustee of?
22 A. The trust in question — in question.
23 Q. Okay. Which one is it? Can you name them?
24 A. No, not off the top of my head.
25 Q. Who are the other parties to the Pooling and
00024
1 Servicing Agreement?
2 A. I can’t recall off the top of my head.
3 Q. Okay. And it’s your understanding that the
4 Pooling and Servicing Agreement says that AHMSI has the
5 right to file litigation against anybody or Deutsche
6 Bank has the right to file litigation?
7 A. Deutsche.
8 Q. Okay. Do you know who the master servicer is
9 in the Trust Agreement?
10 A. I believe it’s — no, I’m — I can’t recall
11 off the top of my head.
12 Q. Would you agree with me it’s not AHMSI?
13 A. The master servicer?
14 Q. Yes, ma’am.
15 A. I don’t know. I can’t recall off the top of
16 my head.
17 Q. Do you know if AHMSI is even listed in the
18 Pooling and Servicing Agreement a single time?
19 A. I do not know.
20 Q. But you reviewed the document?
21 A. Yes.
22 Q. But you don’t know which sections gave you
23 the right to file?
24 A. AHMSI did not file.
25 Q. Who filed this Complaint?
00025
1 A. Deutsche.
2 Q. Deutsche Bank filed this Complaint?
3 A. Yes.
4 Q. How do you know that?
5 A. They’re the Plaintiff.
6 Q. So it’s your testimony as you sit here today
7 that Deutsche Bank caused a complaint to be filed
8 directly and not through AHMSI?
9 A. Yes.
10 Q. And you know that despite the fact that
11 you’ve — you’ve never personally spoken to Deutsche
12 Bank?
13 A. I have not.
14 Q. Okay. So if Deutsche Bank filed it’s own
15 complaint, why are you signing the interrogatory
16 answers?
17 A. We’re the servicing agent for Deutsche Bank.
18 Q. Okay. And they reached out and talked to you
19 specifically and asked you to please sign the
20 interrogatories for them?
21 A. I don’t understand that question.
22 Q. Who told you to answer the interrogatories?
23 A. It’s my job. Part of my job.
24 Q. Okay. But they didn’t miracle themselves to
25 your desk, did they?
00026
1 A. Who?
2 Q. The interrogatories?
3 MR. BERWIN: Objection to form.
4 BY MR. KORTE:
5 Q. How did — let me start again.
6 When is the first time you got
7 interrogatory — interrogatories sent to you?
8 A. When is the first time?
9 Q. Yes, ma’am, in this case.
10 A. I — the first time I reviewed
11 interrogatories was October of last year.
12 Q. Okay. And how did you get them?
13 A. We have a person in our job — in our area
14 responsible for assigning.
15 Q. For assigning?
16 A. For assigning someone to review them.
17 Q. And who do they work for?
18 A. AHMSI.
19 Q. Okay. And they just dropped these on your
20 desk without instruction?
21 A. I know how to review interrogatories. It’s a
22 part of my job.
23 Q. Okay. And as part of your job answering
24 interrogatories on behalf of Deutsche Bank, you didn’t
25 ever speak to Deutsche Bank?
00027
1 A. No.
2 Q. So how do you know if the answers that you
3 gave in your interrogatories are true and accurate as
4 they relate to Deutsche Bank?
5 A. I reviewed business records to confirm.
6 Q. Okay. Whose business records did you review?
7 A. AHMSI’s.
8 Q. Did you ever review Deutsche — strike the
9 question.
10 Did you ever review Deutsche Bank’s business
11 records?
12 A. Deutsche Bank provided us with some — some
13 of the records.
14 Q. What was the date that Deutsche Bank provided
15 you some of the records?
16 A. I don’t know the exact date.
17 Q. What records did Deutsche Bank provide you?
18 A. Copies of the Note, Mortgage.
19 Q. You have personal knowledge that Deutsche
20 Bank delivered copies of the Note and Mortgage to
21 AHMSI?
22 A. Meaning?
23 Q. Meaning do you have personal knowledge that
24 Deutsche Bank delivered copies of the Note and Mortgage
25 to AHMSI?
00028
1 A. I reviewed copies of the Note and Mortgage
2 provided.
3 Q. That’s not my question, ma’am.
4 Do you have personal knowledge that Deutsche
5 Bank delivered copies of the Note and Mortgage to
6 AHMSI?
7 A. Was I there at the time?
8 Q. From any source, ma’am, do you have personal
9 knowledge that Deutsche Bank delivered a copy of the
10 Note and Mortgage to AHMSI?
11 A. No.
12 Q. Do you know where the copies of the Note and
13 Mortgage came from personally?
14 A. No.
15 Q. So other than relying upon AHMSI’s records –
16 A. Yes.
17 Q. — do you have any records from Deutsche Bank
18 included in your system?
19 A. To my knowledge, the records that I just
20 named were provided by Deutsche Bank.
21 Q. Okay. Where did you get your copy of the
22 Pooling and Servicing Agreement?
23 A. From a public website.
24 Q. Okay. Where did you get your copies of the
25 Note you reviewed on the system?
00029
1 A. From our imaging system.
2 Q. Where did you get copies of the payment
3 history that you referred to?
4 A. From our system.
5 Q. Okay. Can you tell me a single document you
6 got from any other system besides AHMSI’s?
7 A. No.
8 Q. You don’t have access to Deutsche Bank’s
9 records system, do you?
10 A. No. They provide us with the records, and
11 they’re loaded onto our system.
12 Q. I understand. You don’t have access to
13 Deutsche Bank’s records, do you?
14 A. No.
15 Q. Are you aware of anywhere at AHMSI who has
16 access to Deutsche Bank’s records?
17 A. I don’t know.
18 Q. Ma’am, let’s go back to the interrogatories
19 again, and No. 4 I’d like to talk to you for a moment.
20 A. Okay.
21 Q. If you would read the question and your
22 answer and let me know when you’re done.
23 A. “Please state for each the note and
24 mortgage” –
25 MR. BERWIN: (Indicating).
00030
1 THE WITNESS: Just read it to myself?
2 MR. BERWIN: Yes.
3 MR. KORTE: It’s cheaper to transcribe later.
4 THE WITNESS: Okay. Okay.
5 BY MR. KORTE:
6 Q. Ma’am, how do you know or have personal
7 knowledge that the Note was taken directly from Argent
8 Mortgage Company?
9 A. Based on my review of our business records.
10 Q. Okay. Can you tell me the date that the Note
11 was taken from directly from Argent Mortgage Company?
12 A. As it indicates, shortly after the loan
13 closed in December of 2005.
14 Q. When?
15 A. I don’t know the exact date.
16 Q. So your business records that you relied on
17 in answering these questions didn’t have an exact date?
18 A. There’s a date on the Pooling and Servicing
19 Agreement.
20 Q. Other than the date on the Pooling and
21 Servicing Agreement, is there any other date as to when
22 the loan was transferred?
23 A. Transferred from Argent to Deutsche?
24 Q. Sure.
25 A. No.
00031
1 Q. So would it be fair to say that your entire
2 knowledge of when the loan was transferred allegedly
3 from Argent to Deutsche is based upon a review of the
4 Pooling and Servicing Agreement?
5 A. Yes.
6 Q. Do you have any independent knowledge other
7 than reading the Pooling and Servicing Agreement for a
8 date of transfer?
9 A. No.
10 Q. Are you aware or have any other knowledge of
11 any other assignments that may have been in-between
12 Argent and Deutsche?
13 A. No.
14 Q. Let’s go to Interrogatory Question No. 5. If
15 you’d do me a favor and read that one, and then read
16 your answer.
17 A. “Please state the date” –
18 Q. I’m sorry, quietly.
19 A. I’m sorry. Yes. Okay.
20 Q. How do you know valuable consideration was
21 paid for this Note?
22 A. There’s a section, I believe in the Pooling
23 and Servicing — Servicing Agreement which covers that.
24 Q. Do you have any personal knowledge about any
25 valuable consideration being paid?
00032
1 A. Other than I — I know that that’s typically
2 what happens.
3 Q. Did you ever see a copy of a check to buy
4 this Note?
5 A. No.
6 Q. Did you ever see a copy of a wire transfer to
7 buy this Note?
8 A. No.
9 Q. Did you ever speak to anybody at Deutsche
10 Bank and ask them if they actually paid for the Note?
11 A. No.
12 Q. Did you speak to with anybody a AHMSI who
13 told you that they purchased the Note?
14 A. No.
15 Q. So would it be fair to say that all of your
16 knowledge that you have about the consideration being
17 paid for this Note is as a result of your understanding
18 of generally how things are done and your reading of
19 the Pooling and Servicing Agreement?
20 A. Yes.
21 Q. Can you tell me where in the Pooling and
22 Servicing Agreement it says that this Note was actually
23 purchased?
24 A. No, I can’t tell you the exact section.
25 Q. Can you tell me if this Note is actually
00033
1 listed in the Pooling and Servicing Agreement in any
2 way, shape or form?
3 A. Yes, I can tell you that.
4 Q. Okay. What section?
5 A. It’s part of the exhibits.
6 Q. What part?
7 A. It’s a list of loans. It’s typically at the
8 end of the agreement.
9 Q. And –
10 A. Or is available upon request, I think in this
11 particular case.
12 Q. Well, you said you got your information from
13 a public website, right?
14 A. Yes.
15 Q. Okay. What public website was that?
16 A. EDGAR.
17 Q. So you went to EDGAR and you downloaded the
18 Pooling and Servicing Agreement as it regards to this
19 case?
20 A. Yes.
21 Q. And you saw in the list of loans as an
22 attachment this loan?
23 A. Yes.
24 Q. So would it be fair to say that you don’t
25 know what consideration was actually paid for this
00034
1 loan?
2 A. The amount?
3 Q. Yes, ma’am.
4 A. I do not know that.
5 Q. If you don’t know the amount that was
6 actually paid, how do you know it was valuable
7 consideration as you have in your answer to No. 5?
8 A. Because moneys were exchanged.
9 Q. How do you know that?
10 A. It’s listed in the Pooling and Servicing
11 Agreement.
12 Q. I know you read that.
13 A. Yes.
14 Q. But how do you know it?
15 A. That’s how I know it.
16 Q. Any other way?
17 A. No.
18 Q. Let’s go to Interrogatory No. 6. Could you
19 quietly read that one to yourself and your answer?
20 A. Yes. Okay.
21 Q. Now, ma’am, how do you know that no other
22 parties took assignment of the Mortgage between the
23 making of the Mortgage and the assignment to Deutsche?
24 A. My records didn’t reflect any.
25 Q. Okay. And whose records are those? Are
00035
1 those the ones at AHMSI?
2 A. Yes.
3 Q. And those records reflect an acquisition date
4 of what day?
5 A. What acquisition are you referring to?
6 Q. Of this Note, ma’am.
7 A. Of the Note going to Deutsche?
8 Q. Yes, ma’am.
9 A. I believe February of 2006.
10 Q. Okay. Other than reviewing the Note or a
11 blank endorsement on the Note, do you have any other
12 reason to believe that the Note wasn’t otherwise
13 assigned to another party before it was assigned to
14 Deutsche?
15 A. No.
16 Q. So how did you come to your answer that there
17 were no other assignments?
18 A. I didn’t see any other assignments.
19 Q. Well, you didn’t see any assignments ever
20 because the Note that you saw when you answered these
21 was an unendorsed Note, correct?
22 A. Blank, yes.
23 Q. Did you call anybody at Deutsche to ask them
24 if there had been any other assignments?
25 A. I did not.
00036
1 Q. Did you call anybody over at Argent to find
2 out if they had assigned it to anybody else?
3 A. No.
4 Q. So your entire basis for this answer is your
5 review of an unendorsed Note?
6 MR. BERWIN: Objection; form.
7 THE WITNESS: That’s not the entire basis.
8 BY MR. KORTE:
9 Q. I’m sorry. Let me ask you: What is — what
10 is the basis of your answer? Maybe I misunderstood.
11 A. I reviewed our business records, and I did
12 not see where there were any other assignments.
13 Q. And your business records generally reflect
14 prior assignments before you become the servicer?
15 A. Yes.
16 Q. Let’s go to Interrogatory No. 7. If you
17 could, read that quietly and read your answer. Let me
18 know when you’re done reading.
19 A. Okay.
20 Q. How do you know the original lender
21 maintained ownership of the loan from the time of the
22 making until it was transferred to Deutsche?
23 A. Based on my review of our business records.
24 Q. And what business records specifically are
25 those?
00037
1 A. I reviewed the Pooling and Servicing
2 Agreement which reflected the transfer of the loan from
3 Argent into the trust.
4 Q. So it’s your testimony today that the Pooling
5 and Servicing Agreement reflects a transfer from Argent
6 directly to the trust?
7 A. Yes.
8 Q. That’s what your records say back at AHMSI?
9 A. That’s what the Pooling and Servicing
10 Agreement says.
11 Q. Other than reading the Pooling and Servicing
12 Agreement, do you have any other way to answer No. 7?
13 A. No.
14 Q. Do you have any personal knowledge as to
15 whether or not No. 7 is true or not?
16 A. Other than the review of the business
17 records.
18 Q. And by business records, you mean the Pooling
19 and Servicing Agreement?
20 A. Yes.
21 Q. Do you have any personal knowledge other than
22 reviewing documents to answer No. 7?
23 A. No.
24 Q. Did you speak to anybody or seek to speak to
25 anybody in assisting in answering No. 7 other than your
00038
1 lawyers?
2 A. No.
3 Q. Let’s go to No. 8. If you’d do me a favor
4 and read that one and your answer, please.
5 A. Yes.
6 Q. Quietly.
7 A. Yes. Okay.
8 Q. How did you come to your answer in No. 8?
9 A. Based on my review of the copy of the Note.
10 Q. Okay. Anything else?
11 A. No.
12 Q. At any time while reviewing the Note, did you
13 ever have an opportunity to see an allonge attached to
14 the Note?
15 A. No.
16 Q. And when is the first time you saw an
17 endorsement in blank affixed to the Note?
18 A. Prior to the deposition today.
19 Q. How much prior?
20 A. The day of.
21 Q. You mean today?
22 A. Yes.
23 Q. Did you have an opportunity to review your
24 business records before coming here today?
25 A. Yes.
00039
1 Q. And does your business records reflect an
2 endorsement on the Note?
3 A. I — I did not see it.
4 Q. As to Interrogatory No. 9, ma’am, could you
5 read the question and read your answer, and let me know
6 when you’re ready.
7 A. Okay.
8 Q. Ma’am, who are the parties to the Loan
9 Purchase Agreement?
10 MR. BERWIN: Objection; form.
11 THE WITNESS: I know that Deutsche Bank is
12 the trustee.
13 BY MR. KORTE:
14 Q. Is it my understanding that Deutsche Bank is
15 the trustee on the Pooling and Servicing Agreement?
16 A. Yes.
17 Q. Is Deutsche Bank, to your knowledge, a party
18 to the Loan Purchase Agreement?
19 A. I believe the Loan Purchase Agreement and the
20 Pooling and Servicing Agreement are the same thing.
21 Q. When I say “depositor,” do you know what I’m
22 referring to?
23 A. When you say “deposit”?
24 Q. Depositor.
25 A. Depositor? Yes.
00040
1 Q. Okay. What is a depositor as it relates to a
2 Pooling and Servicing Agreement?
3 A. The original lender.
4 Q. Does it always have to be the original
5 lender?
6 A. I — I don’t know.
7 Q. Okay. So did you give me the name of the
8 agreement in your answer to No. 9?
9 A. The name listed is the Mortgage Loan Purchase
10 Agreement.
11 Q. Okay. Did you give me the date of the
12 agreement?
13 A. Dated 2/15/2006.
14 Q. Did you ever see a Loan Purchase Agreement
15 while you were answering these questions?
16 A. I believe — I believe the Mortgage Loan
17 Purchase Agreement and the Pooling and Servicing
18 Agreement are the same document.
19 Q. Why would you call it the Pooling and
20 Servicing Agreement and the Mortgage Loan Purchase
21 Agreement?
22 A. They’re interchangeable. Some refer to it as
23 the Mortgage Loan Purchase Agreement, some refer to it
24 as the Pooling and Servicing Agreement.
25 Q. So it couldn’t be two different documents?
00041
1 A. To my knowledge, when I answered the
2 question, when I verified it, I used the same.
3 Q. Well, you didn’t really answer the question.
4 You verified that it was correct, right?
5 A. Right, but –
6 Q. You didn’t –
7 A. — under — when I answered –
8 Q. You didn’t prep this answer?
9 A. I didn’t prep it?
10 Q. Correct.
11 A. No.
12 MR. BERWIN: Objection to form.
13 BY MR. KORTE:
14 Q. Someone else prepped this answer for you, and
15 you said this is correct and you signed it?
16 MR. BERWIN: Objection; form.
17 THE WITNESS: Someone else provided the –
18 the answer, yes.
19 BY MR. KORTE:
20 Q. Do you know when the proposed answers were
21 presented to you?
22 A. Represented?
23 Q. Presented to you or given to you.
24 A. Presented?
25 Q. Yes.
00042
1 A. I received the interrogatories –
2 interrogatories October of last year.
3 Q. Okay. And when did you receive the proposed
4 interrogatory answers?
5 A. October of last year.
6 Q. The same day you received the interrogatory
7 questions?
8 A. Yes.
9 Q. And in a given day, how many sets of
10 interrogatories do you typically have?
11 A. Two to three.
12 Q. Okay. And when did you execute the
13 interrogatory answers? Would it be the same day you
14 received them or would it be sometime thereafter?
15 A. The — the date that it’s dated.
16 Q. Okay. So you received the interrogatory
17 questions and the proposed answers on October the 4th,
18 2010 and executed them the same day; is that accurate?
19 A. Yes.
20 Q. And on that same day, you reviewed all of
21 these documents that we’ve discussed so far in
22 preparation of your answers to these interrogatories?
23 A. Yes.
24 Q. On that same day, do you know how many other
25 interrogatory answers you responded to?
00043
1 A. On that day?
2 Q. Yes, ma’am.
3 A. I don’t recall.
4 Q. On a typical day, how many do you normally
5 respond to?
6 A. Two to three.
7 Q. Okay. Ma’am, these interrogatory answers are
8 notarized.
9 Do you see that?
10 A. Yes.
11 Q. Was the notary present when you signed your
12 answers to the interrogatories?
13 A. Yes.
14 Q. Okay. And do you know who the notary is?
15 A. I do.
16 Q. And where does she work?
17 A. For AHMSI.
18 Q. Let’s go to Interrogatory No. 10, ma’am. If
19 you could review your question and review your answer.
20 A. Yes.
21 Q. Ma’am, how do you know that the loan was
22 never repurchased or reassigned?
23 A. Based on my review of the business records.
24 Q. Do you have any personal knowledge as to
25 whether it was repurchased or reassigned?
00044
1 A. Just based on my review.
2 Q. Okay. Do your business records normally
3 reflect the business of Argent?
4 A. I don’t understand that question.
5 Q. Well in this case, if Argent had repurchased
6 or resigned this thing before it sold it to Deutsche,
7 how would you know about it?
8 MR. BERWIN: Objection; form.
9 Answer if you can.
10 THE WITNESS: Argent went into an agreement
11 with Deutsche transferring the Note and Mortgage
12 from them to the trust.
13 BY MR. KORTE:
14 Q. Okay. And before that happened, did — do
15 your records have any indication of what happened to
16 the Note before that?
17 A. No.
18 Q. So how do you know whether or not this Note
19 was ever reassigned, repurchased by Argent and then
20 later sold to Deutsche?
21 A. Because Argent was the original lender, and
22 they presented the original documents.
23 Q. Okay. But maybe I’m not getting my question
24 in. It’s unartfully asked. I apologize.
25 Would you agree with me that Argent could
00045
1 have sold this to anybody they wanted to?
2 A. I don’t — I can’t answer that.
3 Q. You can’t say whether they were allowed to
4 sell it?
5 A. I don’t know. I — I don’t represent Argent.
6 Q. Okay. Well, do you have any reason to
7 believe that Argent didn’t have the right to sell it?
8 A. I don’t know.
9 Q. Well, who did you talk to at Argent to find
10 out if this ever happened, the reassignment or
11 repurchase?
12 A. What repurchase?
13 Q. As referenced in Interrogatory No. 10, ma’am,
14 specifically other than reviewing your business
15 records, did you speak to anybody at Argent?
16 A. No.
17 Q. Okay. And ma’am, what specific business
18 record did you review in answering Interrogatory
19 No. 10?
20 A. I reviewed the Pooling and Servicing
21 Agreement to confirm that this loan was sold into the
22 trust from Argent.
23 Q. Would it be fair to say that when you
24 executed your interrogatory responses you had access to
25 the entire Pooling and Servicing Agreement?
00046
1 A. Yes.
2 Q. And you reviewed the entire Pooling and
3 Servicing Agreement before executing the interrogatory
4 answers?
5 A. I didn’t review the entire Pooling — Pooling
6 and Servicing Agreement.
7 Q. What sections did you review in giving these
8 answers?
9 A. I can’t give you the specifics sections. I
10 don’t recall them.
11 Q. Okay. Well, what were they about?
12 A. The specific question.
13 Q. Is there a section about repurchase and
14 reassignment in the Pooling and Servicing Agreement
15 that you’re aware of?
16 A. I don’t recall the specific section or if
17 it’s in there, but based on the fact — or based on my
18 review that Argent was the original lender and was the
19 depositor on the trust.
20 Q. Now, Argent is the depositor on the trust,
21 right?
22 A. I believe so.
23 Q. Okay. Do you believe so or you know so?
24 A. I believe so.
25 Q. And is Argent the same party that’s on the
00047
1 Note or is it a different Argent?
2 A. Same party, I believe.
3 Q. Do you believe it or do you know it?
4 A. Well, let’s look at the Note.
5 Q. I think it’s attached to the Complaint, which
6 is, I believe No. 2.
7 A. Okay. Argent Mortgage Company, LLC. Yes, I
8 believe they are the same company.
9 Q. So it’s your understanding that Argent
10 Mortgage Company, LLC is the depositor?
11 A. Yes.
12 Q. Okay. But as to Interrogatory No. 10, you
13 can’t tell me a specific section of the Pooling and
14 Servicing Agreement that you reviewed to answer this
15 question?
16 A. No, I don’t know the specific section. I
17 just — the general Pooling and Servicing Agreement.
18 Q. Okay. Can you tell me generally what the
19 Pooling and Servicing Agreement says about repurchases?
20 A. No.
21 Q. Are you even aware of any section that deals
22 with this particular repurchase or reassignment by a
23 prior owner?
24 A. By a prior owner, meaning Argent?
25 Q. Argent would have been a prior owner,
00048
1 correct?
2 A. Yes.
3 Q. Are you aware of any section of the Pooling
4 and Servicing Agreement that deals with repurchase or
5 reassignments by prior owners?
6 A. I’m aware there’s a section in the Pool –
7 Pooling and Servicing Agreement which –
8 Q. A section — I’m sorry.
9 A. A section which covers that topic.
10 Q. And you read that section?
11 A. I can’t recall if I read it for this case,
12 but I — I know there’s a section.
13 Q. Well, what case would you read it for if it
14 wasn’t for this case?
15 A. In any other case if — if it’s required.
16 Q. Okay. Well, what section are you relying
17 upon for this case?
18 A. I’m relying on the complete Pooling and
19 Servicing Agreement for this case.
20 Q. Any other documents you’re relying upon
21 besides the Pooling and Servicing Agreement?
22 MR. BERWIN: Objection; form.
23 THE WITNESS: For Question No. 10?
24 MR. KORTE: Yes, ma’am. I’m sorry.
25 THE WITNESS: No.
00049
1 BY MR. KORTE:
2 Q. Let’s go to Question No. 11.
3 Have you had — when you’ve had an
4 opportunity to review it, let me know.
5 A. Okay.
6 Q. Okay. In Question No. 11, would you agree
7 with me we’re asking to you describe the relationship
8 between the parties?
9 MR. BERWIN: Objection; form.
10 THE WITNESS: You — your question states
11 “please explain and describe.”
12 BY MR. KORTE:
13 Q. Okay. Will you do me a favor and tell me
14 where you described AHMSI’s relationship?
15 A. The answer?
16 Q. No, ma’am. I’m asking in your answer where
17 you describe AHMSI’s relationship to this transaction.
18 A. You want me to explain it or you want me to
19 explain my — the answer?
20 Q. I want you to point in your answer where you
21 describe AHMSI’s relationship to this transaction.
22 A. We are the servicing agent for the — the
23 owner of the loan.
24 Q. Okay. And where did you say that in Answer
25 No. 11?
00050
1 A. It indicates that the Plaintiff took
2 ownership, and — ownership, and we are the servicing
3 agent — agent for the Plaintiff.
4 Q. I’m sorry, I didn’t see the words “we are the
5 servicing agent” anywhere in your answer to No. 11.
6 Can you point it out to me?
7 A. That’s how I answered — that’s how I
8 confirmed that answer.
9 Q. No, ma’am. I’m asking — the actual words
10 are important here. Please don’t ad lib. If the words
11 are there, please tell me they’re there and point them
12 out, because maybe I didn’t see them. And if they’re
13 not, just tell me they’re not there.
14 Can you do — can you describe for me
15 anywhere in your answer where the word “AHMSI” is?
16 A. AHMSI is not in the answer.
17 Q. Okay. The word “depositor,” are they
18 anywhere contained in your answer?
19 A. The word “depositor”?
20 Q. Yes, ma’am.
21 A. No.
22 Q. Okay. You talked to me about AHMSI being the
23 servicer.
24 Can you show me in Interrogatory No. 11 where
25 you even said the word “AHMSI” is the servicer?
00051
1 A. Well, your question indicates the
2 relationship among parties.
3 Q. Yes, ma’am.
4 A. We answered the relationship.
5 Q. Ma’am, let’s review Question No. 11, and
6 perhaps reading it quitely isn’t sufficient. If you’d
7 do me a favor and read out loud the entirety of
8 Question No. 11 so we can parse it down piece by piece,
9 including the section in brackets.
10 A. Sure. “Please explain and describe for the
11 loan the relationships among parties, including you,
12 the original lender, any servicer, any custodian, any
13 depositor — depository, any special-purpose vehicle or
14 special-purpose entity, the structure of the securities
15 offered, including the flow of funds and any
16 subordination features and any other material features
17 of any transactions concerning the sale, transfer or
18 assignment of the loan or any time between the making
19 of same and your filing of the action at issues
20 herein.”
21 Q. Ma’am, do you see where I asked in the
22 Subsection 11 about the servicer?
23 A. Where it says “including you”?
24 Q. Yes, ma’am.
25 A. “The original lender, any servicer”?
00052
1 Q. Yes, ma’am. Do you see where that section
2 is?
3 A. Yes.
4 Q. Can you show me in your answer where you
5 addressed the issue of servicer?
6 A. No.
7 Q. Can you show me where you addressed the issue
8 of custodian?
9 A. The Plaintiff is the custodian.
10 Q. And how do you know the Plaintiff is the
11 custodian?
12 A. Based on my review.
13 Q. And will you do me a favor, in Question
14 No. 11, your answer thereto, show me where you said the
15 Plaintiff is the custodian.
16 A. It’s not in there.
17 Q. Why not?
18 A. The Plaintiff is the owner.
19 Q. I’m asking you why you didn’t write
20 “Plaintiff is the custodian” if that’s the way that it
21 is?
22 A. Because I took that to mean that the
23 Plaintiff is the owner and the custodian. That’s the
24 answer.
25 Q. So it’s your — you’re here answering on
00053
1 behalf of the Plaintiff, correct?
2 A. I’m — yes.
3 Q. You signed these interrogatories on their
4 behalf, correct?
5 A. Yes.
6 Q. And you never spoke to them, did you?
7 A. No.
8 Q. So how do you know that the Plaintiff is the
9 custodian if you never spoke to them?
10 A. Based on my review of the business records.
11 Q. Specifically, what business record is that?
12 A. We have a screen that identifies the
13 custodian.
14 Q. And who’s the custodian in this case?
15 A. The Plaintiff.
16 Q. So it’s your testimony today on behalf of the
17 Plaintiff that Deutsche Bank Trust Company is the
18 custodian in this relationship with this trust?
19 A. I believe so.
20 Q. No. No. No. I’m asking you. You answered
21 the question that way, and you just told me that the
22 Plaintiff is the custodian.
23 A. I said –
24 Q. Is it true or not?
25 A. The Plaintiff is –
00054
1 MR. BERWIN: Objection; form.
2 THE WITNESS: The Plaintiff is the owner.
3 BY MR. KORTE:
4 Q. Who’s the custodian?
5 A. I believe the Plaintiff is the custodian.
6 Q. Okay. And that belief is based upon what?
7 A. My review of the business records.
8 Q. Specifically, what business record?
9 A. A screen that identifies this custodian.
10 Q. What screen, ma’am?
11 A. I don’t believe it has a name. I don’t know
12 the name to give you. It’s a screen that we utilize
13 within the course of our business.
14 Q. Okay. So did you review the Pooling and
15 Servicing Agreement?
16 A. Yes.
17 Q. Did you review the section that says
18 “custodian”?
19 A. I don’t recall.
20 Q. So it’s your understanding that AHMSI
21 maintains a database or information about a custodian
22 other than those listed in the Pooling and Servicing
23 Agreement?
24 A. No. The information that’s in our records is
25 based off of the Pooling and Servicing Agreement.
00055
1 Q. So you know for certain that Deutsche Bank is
2 listed as the custodian in the service Pooling and
3 Servicing Agreement now?
4 A. I believe so. I can’t say 100 percent.
5 Q. Then –
6 A. I believe so.
7 Q. Then why did you answer it under oath that
8 way?
9 MR. BERWIN: Objection; form.
10 THE WITNESS: We answered that the Plaintiff
11 took ownership and they are the owner.
12 BY MR. KORTE:
13 Q. But you didn’t answer as to who’s the
14 custodian, right?
15 A. No.
16 Q. And you didn’t answer who the depositor was,
17 right?
18 A. No.
19 Q. And you didn’t give us the relationship
20 between you and the original lender, did you?
21 A. No.
22 Q. Why didn’t you give me any of that
23 relationship between the parties?
24 A. I believe the answer provided covered that
25 information.
00056
1 Q. Even though it never discussed any of those
2 parties, you believe that’s a sufficient answer?
3 A. Yes.
4 Q. How about “discussions of flows of the moneys
5 between the parties,” did you describe that anywhere in
6 your answer?
7 A. No.
8 Q. Did you describe the structure of the
9 securities offered?
10 A. No.
11 Q. Did you describe the subordination features?
12 A. No.
13 Q. Why not?
14 A. I believe the answer provided was sufficient.
15 Q. What part of the subordination features was
16 responded to in your answer to No. 11?
17 A. That we — that the Plaintiff took ownership
18 from Argent.
19 Q. Okay. And what part of your answer describes
20 the structures of the securities offered under the
21 trust?
22 A. It’s not.
23 Q. Why not?
24 A. I believe the answer covered it.
25 Q. What part of your answer covered that?
00057
1 A. Because it was based on the Pooling and
2 Servicing Agreement.
3 Q. Where did you write “it’s based on the
4 Pooling and Servicing Agreement” in your answer, ma’am?
5 A. It’s not there.
6 Q. Okay. Why not?
7 A. I believe the answer — the question was
8 answered.
9 Q. Ma’am, I’m asking you why you didn’t deal
10 with the structure of the securities offered in your
11 answer.
12 A. I just answered that.
13 Q. No, you didn’t, actually.
14 Why didn’t you do it?
15 A. Because I believed the answer that’s stated
16 there covered it.
17 Q. What documents did you review in preparation
18 of answer to Interrogatory No. 11?
19 A. The Pooling and Servicing Agreement.
20 Q. And you believe the Pooling and Servicing
21 Agreement covers the structure of the asset being
22 offered?
23 A. I don’t know.
24 Q. Do you ever recall reading anything in the
25 Pooling and Servicing dealing with the structure?
00058
1 A. I believe so.
2 Q. What section specifically in the Pooling and
3 Servicing deals with the structure of the securities
4 being offered?
5 A. I don’t recall the specific section.
6 Q. Do you have any personal knowledge if such a
7 section actually exists?
8 A. Based on my review of the Pooling and
9 Servicing Agreement, yes.
10 Q. So under oath today, you’re telling us that
11 you reviewed the Pooling and Servicing in this case,
12 and it had a section on the structure of the securities
13 being offered?
14 A. I believe so.
15 Q. Well, you swore to it in your interrogatory
16 answers, right?
17 A. Well, we’ve already determined it didn’t
18 specify that.
19 Q. Yes, ma’am, but you said your answer covered
20 all of this, right?
21 A. I believe so, yes.
22 Q. And in covering it, obviously you reviewed
23 the PSA, correct?
24 A. Yes.
25 Q. And you believe that the PSA covers this
00059
1 issue, correct?
2 A. I believe so.
3 Q. But you don’t know so, do you?
4 A. I can’t give you specifics, but I believe so.
5 Q. I’m asking you as you sit here today if you
6 have any personal knowledge one way or the other
7 whether or not the Pooling and Servicing deals with the
8 structure of the securities offered.
9 A. I believe so.
10 Q. Do you know so or you believe so?
11 A. I believe so.
12 Q. How about dealing with special-purpose
13 vehicles, do believe the Pooling and Servicing
14 Agreement deals with special-purpose vehicles?
15 A. I don’t know.
16 Q. Okay. What part of your answer deals with
17 the special-purpose vehicles?
18 A. It doesn’t.
19 Q. What part of your answer deals which
20 special-purpose entities?
21 A. It doesn’t.
22 Q. Why not?
23 A. I believe the answer provided covered it.
24 Q. And that answer is based upon the Pooling and
25 Servicing Agreement?
00060
1 A. Yes.
2 Q. And your recollection is that the Pooling and
3 Servicing covers special-purpose vehicles and
4 special-purpose entities, correct?
5 A. I don’t know that.
6 Q. Well, you reviewed the Pooling and Servicing
7 Agreement prior to answering these interrogatories,
8 correct?
9 A. Yes.
10 Q. And in that 2700-page document, you found a
11 section that dealt with this or else you wouldn’t have
12 signed your name to it, would you?
13 A. I don’t know — I can’t recall that.
14 Q. How many pages of the 2700-page Pooling and
15 Servicing Agreement did you review that day?
16 A. It wasn’t 2700 pages. I believe it was four
17 hundred or six hundred.
18 Q. Was it four hundred or six hundred, ma’am?
19 A. I don’t know the exact amount of pages, and
20 no, I did not review every page.
21 Q. How many did you review?
22 A. I don’t know the exact number.
23 Q. More than ten?
24 A. Yes.
25 Q. More than a hundred and fifty?
00061
1 A. No.
2 Q. Is it possible that contained in the balance
3 of the Pooling and Servicing Agreement there were
4 answers to some of these questions about
5 special-purpose vehicles and special-purpose entities?
6 MR. BERWIN: Objection; form.
7 THE WITNESS: It’s possible.
8 BY MR. KORTE:
9 Q. Let’s go to Interrogatory No. 12.
10 A. Okay.
11 Q. In answering Interrogatory 12, you said that
12 “the seller will be obligated to cure, repurchase or
13 replace such loans;” is that correct?
14 A. Well, you need to include the beginning of
15 it.
16 Q. Okay.
17 A. “Pooling and Servicing Agreement: Upon
18 breach of representation and warranties that materially
19 and adversely affect the interest of the certificate
20 holder, seller will be obligated to cure, repurchase or
21 replace such loans.”
22 Q. Is that your answer, ma’am?
23 A. Yes, that’s the answer provided.
24 Q. Ma’am, what does that mean?
25 MR. BERWIN: Objection; form.
00062
1 THE WITNESS: Based on the Pooling and
2 Servicing Agreement, the seller will be obligated
3 to cure, repurchase or replace such loans that
4 adversely affect the interests of the certificate
5 holders.
6 BY MR. KORTE:
7 Q. Well, in your answer to No. 12, you used the
8 word “seller.”
9 Who did you specifically mean by the seller?
10 A. The seller of the loan, which would be Argent
11 in this case.
12 Q. And since we’ve got a couple of different
13 Argents out there, can you tell me specifically which
14 Argent we’re discussing?
15 A. The Argent indicated on the Note.
16 Q. Is there any indication that the Plaintiff in
17 this case was asked to sell or to repurchase this loan?
18 A. Not that I’m aware of.
19 Q. Have you had access to the entire systems of
20 AHMSI?
21 A. Yes.
22 Q. Did you review them before coming here today?
23 A. Yes.
24 Q. And you didn’t see any indication that the
25 seller was asked to repurchase this loan?
00063
1 A. No.
2 Q. Is there a document other than the Pooling
3 and Servicing Agreement you referenced in twelve that
4 reflects any other obligation to repurchase the loan?
5 A. Not that I’m aware of.
6 Q. Let’s go on to thirteen.
7 A. Okay. Okay.
8 Q. Ma’am, if you would, tell me the date that
9 the originals were secured from Argent.
10 A. I don’t know that date.
11 Q. Okay. Well, other than looking at the
12 Pooling and Servicing Agreement for a close date, do
13 you have any indication in your systems as to the date
14 the actual originals were secured?
15 A. I don’t recall.
16 Q. Do you know the name, address and phone
17 number of the parties who you secured the originals
18 from?
19 A. No.
20 Q. Does your system indicate who you got them
21 from?
22 A. From the Plaintiff.
23 Q. Okay. Well, since you’re here as the
24 Plaintiff, where did the Plaintiff get them from?
25 A. I don’t know.
00064
1 Q. Well, you said in your answer you got them
2 from Argent, right?
3 A. Right, but I can’t speak on behalf of the
4 Plaintiff as to your question.
5 Q. Okay. Can you answer any part of my
6 Question 13 as far as names and addresses?
7 A. No.
8 Q. Let’s go to No. 14 then.
9 A. Okay.
10 Q. Ma’am, you said Plaintiff reviewed the
11 original documents and loan origination file in your
12 answer to No. 14, correct?
13 A. Plaintiff reviewed the original documents and
14 the loan origination file, yes.
15 Q. Okay. How do you know that?
16 A. They were in possession of the original
17 documents.
18 Q. But how do you know that Deutsche Bank
19 reviewed them?
20 A. That would be in the ordinary course of
21 business to do so.
22 Q. Did you watch anybody review them?
23 A. No.
24 Q. Did you talk to anybody at Deutsche to find
25 out if they did review them?
00065
1 A. No.
2 Q. Okay. Other than ordinary course of
3 business, do you know that personally?
4 A. No.
5 Q. Okay. Do you know what was contained in the
6 loan origination file?
7 A. Do I know what was contained in the loan
8 origination file?
9 Q. That was reviewed by the Plaintiff, ma’am.
10 A. I have seen copies of the loan origination
11 file.
12 Q. Okay. But in your answer here, you said
13 “Plaintiff reviewed original documents and the loan
14 origination file,” right?
15 A. Yes.
16 Q. Okay. Do you know what documents were
17 contained in the loan origination file?
18 A. Yes. I reviewed the loan origination file.
19 Q. Do you know what documents were contained in
20 the file reviewed by Plaintiff, Deutsche Bank?
21 A. I don’t know what documents they reviewed, if
22 that’s what you’re asking me.
23 Q. That’s what I’m asking you.
24 And you said that — later on in your answer,
25 “Plaintiff is in possession of the original loan
00066
1 documents and has filed them with the Court;” is that
2 correct?
3 A. Yes.
4 Q. Okay. But you’ve never seen the original
5 loan documents, correct?
6 A. That’s correct.
7 Q. And at the time that you filed this
8 complaint, was the original Note in the possession of
9 either Deutsche Bank or of AHMSI?
10 A. Yes, I believe so.
11 Q. Okay. If you’d do me a favor and turn to
12 Defendant’s No. 3, I believe it’s the Complaint.
13 A. Okay. No. 2? Exhibit 2?
14 Q. Two. Ma’am, the Note that’s attached to
15 Defendant’s 2, the — to the Complaint, that is a true
16 and correct copy of the original Note, right?
17 A. I believe so.
18 Q. That’s the Note that was in the possession at
19 the time of the filing, correct?
20 MR. BERWIN: Objection; form.
21 THE WITNESS: This is a copy.
22 BY MR. KORTE:
23 Q. That’s a copy of the Note that was in the
24 possession of the Plaintiff or of AHMSI at the time of
25 the filing of this complaint?
00067
1 A. I believe so.
2 Q. Well, if you’d do me a favor and look at
3 Count II of the Complaint, ma’am. Can you read
4 Line 15?
5 A. “This is an action to enforce a lost,
6 destroyed or stolen promissory note under Florida
7 Statute Section 673.3091.”
8 Q. Do you know if that’s true or not?
9 A. I believe it’s not true, because the original
10 documents were — have been provided.
11 Q. Well, do you know if the original loan
12 documents were ever lost or stolen?
13 A. I don’t know that.
14 Q. Any indication in your file that the original
15 documents were lost or stolen?
16 A. Not to my knowledge.
17 Q. So do you have any reason to believe that the
18 Count II is less than accurate?
19 A. Yes, I think it’s inaccurate.
20 Q. Let’s go to Interrogatory No. 15. Okay?
21 A. Okay.
22 Q. You know what? Let’s go back to fourteen for
23 a moment. I just have two follow-ups.
24 A. Sure.
25 Q. Other than reviewing the Note in your system,
00068
1 did you review any other documents in connection to the
2 taking of assignment?
3 A. I reviewed — I believe the answer provided
4 is correct.
5 Q. Okay. You didn’t review any originals, did
6 you?
7 A. I did not.
8 Q. So when you said in your answer to fourteen
9 you reviewed original documents –
10 A. Plaintiff –
11 Q. — that’s –
12 A. Plaintiff reviewed.
13 Q. Well, how do you know Plaintiff reviewed
14 anything? You weren’t there, were you?
15 A. They provided the original documents.
16 Q. Okay. When you said “Plaintiff reviewed the
17 original documents and loan origination file,” you’re
18 referring to Deutsche Bank, correct?
19 A. Yes.
20 Q. You don’t have any personal knowledge of what
21 Deutsche Bank actually reviewed, do you?
22 A. No.
23 Q. You weren’t there?
24 A. I was not.
25 Q. And you personally have not reviewed any
00069
1 original documents, have you?
2 A. I have not.
3 Q. So when you said that “Plaintiff is in
4 possession of the original loan documents,” did you
5 mean Deutsche Bank is in possession or AHMSI is in
6 possession?
7 A. Deutsche.
8 Q. How do you know that Deutsche is in
9 possession of the original documents if you’ve never
10 spoken to them or had contact with them?
11 A. I based it on that they provided us with the
12 original documents.
13 Q. Okay. Other than that, any other basis for
14 that statement?
15 A. And that they were filed with the Court.
16 Q. Okay. Is there any indication in your system
17 from whom at Deutsche Bank AHMSI received the original
18 documents?
19 A. From a person?
20 Q. Yes, ma’am.
21 A. No.
22 Q. Well, let me back that up.
23 Is there any indication that AHMSI ever
24 received the original documents from Deutsche Bank?
25 A. Yes.
00070
1 Q. Okay. What document reflects the receipt of
2 the original documents from Deutsche Bank?
3 A. I don’t have the document, but based on my
4 review of business records –
5 Q. Mm-hmm?
6 A. — original Notes, documents were obtained
7 from the Plaintiff.
8 Q. Okay. And there would be some sort of a
9 Letter of Transmittal?
10 A. The original documents were provided.
11 Q. Okay. Did they come via U.S. mail, Fed Ex,
12 courier?
13 A. It could be any of those. For this
14 particular case, I — I don’t recall.
15 Q. Okay. But there’s some indication in your
16 system that the original documents were sent directly
17 from Deutsche to AHMSI?
18 A. Yes.
19 Q. Okay. And that’s memorialized in some sort
20 of a document or letter?
21 A. No, just based on the fact that we presented
22 original documents.
23 Q. I understand original documents showed up at
24 AHMSI some day.
25 A. Yes.
00071
1 Q. But is there some sort of a letter saying “we
2 at Deutsche are hereby transferring the originals” to
3 you?
4 A. I believe it’s indicated in the Pooling and
5 Servicing Agreement that original documents will be
6 provided from the trustee.
7 Q. Okay. But that’s not my question.
8 A. Okay.
9 Q. Do you have any personal knowledge as to
10 whether or not Deutsche Bank themselves sent original
11 documents to AHMSI?
12 A. Just based on my review of the business
13 records.
14 Q. And that business record being the Pooling
15 and Servicing Agreement?
16 A. No. We have a system that reflects — we –
17 if we order original documents, once they are retrieved
18 and received, we have documentation indicating that.
19 Q. Who do you order the original documents from?
20 A. The custodian.
21 Q. And the custodian is Deutsche Bank?
22 A. I believe so.
23 Q. And when I asked you if you’re aware or
24 you’re — strike the question.
25 When I asked you if you had personal
00072
1 knowledge if Deutsche Bank actually sent them, that
2 wasn’t truly accurate that you said you were? You
3 don’t know if they came from a custodian or Deutsche,
4 correct?
5 A. I believe Deutsche is the custodian, so yes,
6 I believe they came from Deutsche.
7 Q. Okay. And that’s personal knowledge?
8 A. Based on my review of the business records.
9 Q. Okay. Let’s go to fifteen.
10 A. Okay.
11 Q. In your possession at the time when you
12 filled this interrogatory out, did you have a copy of
13 the Response to Request for Production?
14 A. Yes, a copy of the Request for Production was
15 uploaded into our system.
16 Q. Okay. And what was contained in the Response
17 to Request for Production?
18 A. I’m sorry, what was contained?
19 Q. Yes, ma’am, what documents?
20 A. I don’t recall off the top of my head.
21 Q. Okay. Well, what documents were you
22 referring to in your answer to fifteen?
23 A. The documents that were provided to the
24 Defendant.
25 Q. Are you aware if any documents were ever
00073
1 provided to the Defendant?
2 A. Yes.
3 Q. How do you know?
4 A. Based on my review of the business records.
5 Q. Okay. So you made a call out to the
6 Defendant, to Defendant’s counsel to find out whether
7 or not documents were actually sent to the Defendant?
8 A. No.
9 Q. Okay. So you had a pool of documents in
10 front of you that were labelled Response to Request for
11 Production, correct?
12 A. No.
13 Q. What did you have in front of you in that
14 pool of Response to Request for Production, ma’am?
15 A. I reviewed our business records, which
16 reflect the Request for — for Production.
17 Q. Okay. And what document could the Defendants
18 have gone through to find out who the prior servicers
19 were?
20 A. The prior servicer? I don’t recall the exact
21 document.
22 Q. Okay. Well, what did it look like?
23 MR. BERWIN: Objection; form.
24 THE WITNESS: I don’t recall.
25 BY MR. KORTE:
00074
1 Q. Did the — was there any document that
2 reflected the name or address of prior servicers?
3 A. I don’t recall.
4 Q. Can you tell me how big the Response to
5 Request for Production was in total volume?
6 A. I cannot.
7 Q. Was it more than ten pages, less than a
8 hundred?
9 A. More than ten.
10 Q. Was it less than a hundred?
11 A. I believe so.
12 Q. Okay. And you’re certain that contained in
13 that Response to Request for Production was the name of
14 a prior servicer?
15 A. I’m not certain.
16 Q. Well then, how did you answer fifteen?
17 A. I believe the information was provided.
18 Q. Okay. But do you know?
19 MR. BERWIN: Objection; form.
20 THE WITNESS: The name of the prior servicer?
21 I don’t know if that was provided.
22 BY MR. KORTE:
23 Q. How about any other entities who may have
24 provided servicing, was that provided?
25 A. Yes, that we are currently servicing the
00075
1 loan.
2 Q. Okay. Well, I’m looking for your answer to
3 fifteen where it says that AHMSI is currently servicing
4 the loan.
5 A. That would be indicated, that we have the
6 right to service the loan in the Pooling and Servicing
7 Agreement.
8 Q. Ma’am, I don’t want to cut you off here.
9 In Question 15, you told me that I could go
10 to your Response to Request for Production and
11 ascertain all of the names of the servicers with their
12 names and addresses and phone numbers, right?
13 A. Yes.
14 Q. And I’m asking you what document I could go
15 to.
16 A. If I could review the documents that were
17 provided, I could tell you that.
18 Q. Well that would be great if I actually
19 received some, but I didn’t, so I’m asking you what
20 documents I should be asking for.
21 What document did you look at?
22 A. “Provided to the Defendant” — I reviewed
23 letters that were sent to the borrower indicating that
24 the transferring of the servicing of their loan was
25 being done.
00076
1 Q. Anything else?
2 A. I believe that’s it.
3 Q. Let’s go to Interrogatory No. 16.
4 A. Okay.
5 Q. In sixteen, you refer to a thing called a
6 payment history; is that accurate?
7 A. Yes.
8 Q. Okay. Do you know if that payment history
9 was contained in the Response to Request for
10 Production?
11 A. Yes.
12 Q. Is it your position that the payment history
13 reflects the names of all parties who collected
14 payments?
15 A. The name.
16 Q. Well, let’s make it over Argent so we don’t
17 have to go over this five times.
18 Does that document contain the names, the
19 addresses, phone numbers for each of the parties who
20 collected payments?
21 A. No.
22 Q. Does it list the dates that they collected
23 payments?
24 A. Yes.
25 Q. It lists the date payments were collected or
00077
1 the dates that those parties collected payments?
2 A. It indicates the date payments were received
3 and posted.
4 Q. Isn’t it just a list of payments received and
5 postings?
6 A. Yes.
7 Q. It doesn’t have anybody’s name on it, does
8 it?
9 A. It has the borrower’s name.
10 Q. Does it have any servicer’s name or people
11 who collected moneys names?
12 A. No.
13 Q. It doesn’t have their phone numbers, does it?
14 A. No.
15 Q. It doesn’t have their addresses?
16 A. No.
17 Q. It doesn’t have dates that they were working
18 or collecting payments, does it?
19 A. No.
20 Q. Let’s go to seventeen.
21 Will you agree with me that the loan history
22 referred to in Interrogatory 17 does not reflect for
23 whom the payments were collected?
24 A. It has the borrower’s name on it.
25 Q. Does the loan history you referred to in
00078
1 answering seventeen have the name of the person for
2 whom the payments were collected, the dates, the legal
3 names, the addresses and phone numbers of each party?
4 A. No.
5 Q. Let’s go to eighteen.
6 Would agree with me that your answer to
7 eighteen doesn’t reflect what was asked to Question 18?
8 A. Okay. It doesn’t provide answers full — to
9 all of the questions, no.
10 Q. Okay. And as to Question No. 19 –
11 A. Okay.
12 Q. — I’m going to ask you whether or not — so
13 far today I’ve asked you any questions for which you
14 did not have personal knowledge, and you’ve told me you
15 didn’t have personal knowledge, correct?
16 A. That’s correct.
17 Q. There were several instances we had to refer
18 to business records, correct?
19 A. That’s correct.
20 Q. But in the answer to No. 19, you referred me
21 to Answer No. 1, correct?
22 A. Yes.
23 Q. Which just lists you?
24 A. Yes.
25 Q. Okay. Let’s go on to twenty.
00079
1 A. Okay.
2 Q. In your answer to No. 20, do you know what
3 third party is in possession of the — how to calculate
4 the APR and finance charges in this case?
5 A. Do I know who the third party is?
6 Q. Yes.
7 A. It would be the person who originated the
8 loan, which was Argent.
9 Q. Okay. So this loan, as far as you know, was
10 not table funded or presold or underwritten by the
11 Plaintiff in this case?
12 A. As far as I’m aware, no.
13 Q. Well since you’re here as the Plaintiff,
14 Deutsche Bank –
15 A. Yes?
16 Q. — was it presold or underwritten by Deutsche
17 Bank?
18 MR. BERWIN: Objection; form.
19 THE WITNESS: No.
20 MR. BERWIN: We’ve been going for about an
21 hour and-a-half now.
22 MR. KORTE: I’m going to basically just
23 finish up these last two and we’re done.
24 MR. BERWIN: Okay.
25 BY MR. KORTE:
00080
1 Q. And as to Questions No. 21 and 22, you don’t
2 know how those calculations were done? Those were done
3 by third parties; that is correct?
4 A. That’s correct.
5 MR. KORTE: I have nothing further.
6 MR. BERWIN: No questions. We’ll read.
7 – – -
8 (Witness excused.)
9 – – -
10 (Thereupon, at 5:50 p.m. the deposition
11 concluded.)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
00081
1 CERTIFICATE OF OATH
2
– – -
3
4 THE STATE OF FLORIDA, )
)
5 COUNTY OF PALM BEACH. )
6
7
8 I, Wanda D. Good, the undersigned authority,
9 certify that MINERVA FLOWERS personally appeared before
10 me and was duly sworn.
11
12
13
14
15 WITNESS my hand and official seal the 23rd of
16 March, 2011.
17
18
19
20
21
22 Wanda D. Good
Notary Public, State of Florida
23 My Commission #DD950330
Expires: January 17, 2014
24
25
00082
1 C E R T I F I C A T E
2
THE STATE OF FLORIDA, )
3 )
COUNTY OF PALM BEACH. )
4
5 I, WANDA D. GOOD, Professional Court
Reporter, State of Florida at large, do hereby certify
6 that I was authorized to and did stenographically
report the foregoing proceeding; and that the
7 transcript, pages numbered 1 to 81 inclusive, are a
true and correct transcription of my shorthand notes of
8 said proceeding.
9
I further certify that the said proceeding
10 was taken at the time and place hereinabove set forth
and that the taking of said proceedings was commenced
11 and completed as hereinabove set out.
12
I further certify that I am not an attorney
13 or counsel of any of the parties, nor am I a relative
or employee of any attorney or counsel or party
14 connected with the action, nor am I financially
interested in the action.
15
16 The foregoing certification of this
transcript does not apply to any reproduction of the
17 same by any means unless under the direct control
and/or direction of the certifying reporter.
18
19 IN WITNESS WHEREOF, I have hereunto set my
hand and seal this 23rd day of March, 2011.
20
21
22
23
24 WANDA D. GOOD, Notary Public
in and for the State of Florida
25 My Commission #DD 950330
Expires: January 17, 2014

About these ads

About Mario Kenny

I am a Fashion and Costume Designer. I am also an Alterations Specilist where I alter all kinds of clothing for men, women and children. I also do Alterations on Bridal gowns.
This entry was posted in by Brian Korte and tagged , , , . Bookmark the permalink.