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EXHIBIT 1
Case 1:10-cv-11621-PBS Document 118-1 Filed 10/30/12 Page 1 of 11
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Exhibits: 1-23 Volume 1, Pages 1-146
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS
---------------------------JODI B. MATT,
Plaintiff
Civil Action No. 1:10-cv-11621-PBS
v.
HSBC BANK USA, NATIONALASSOCIATION, ON BEHALF OF THE TRUSTFUND AND FOR THE BENEFIT OF ACESECURITIES CORP. HOME EQUITY LOANTRUST SERIES 2005-HE4 ASSETPASSTHROUGH CERTIFICATES, BANK OFAMERICA HOME LOAN SERVICING F/K/ACOUNTRYWIDE HOME LOAN SERVICING,COUNTRYWIDE HOME LOANS SERVICINGLP, HSBC BANK USA NATIONALASSOCIATION, ACE SECURITIESCORPORATION, WELLS FARGO BANKNATIONAL ASSOCIATION, DEUTSCHE BANKSECURITIES INC., DEUTSCHE BANKNATIONAL TRUST, DB STRUCTUREDPRODUCTS INC. COMPANY, COUNTRYWIDESECURITIES CORPORATION, THEMURRAYHILL COMPANY, NORTHEASTMORTGAGE COMPANY, NEW CENTURYMORTGAGE CORPORATION, BRAD A.MORRICE, PATTI M. DODGE, DAVID N.KENNEALLY, HARMON LAW OFFICES P.C.,STANTON AND DAVIS, and LAURA M.TOMASELLO, ESQ.,
Defendants
-----------------------------DEPOSITION OF JODI B. MATT
Friday, October 12, 2012, 10:00 a.m.Goodwin Procter LLP
Exchange Place - 53 State StreetBoston, Massachusetts
------- Reporter: Susan J. Blatt, RPR -------Farmer Arsenault Brock LLC
617.728.4404 / fax 617.728.4403
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APPEARANCES:
Glenn Russell, Esq.
38 Rock Street - Suite 12
Fall River, Massachusetts 02720
508.324.4545 fax: 508.938.0244
Russ45esq@gmail.com
For plaintiff
Goodwin Procter LLP
Courtney L. Benson, Esq.
53 State Street - Exchange Place
Boston, Massachusetts 002109
617.570.1000 fax: 617.523.1231
courtneybenson@goodwinprocter.com
for HSBC Bank USA, National Association, on Behalf
of the Trust Fund and For the Benefit of Ace
Securities Corp. Home Equity Loan Trust Series
2005-HE4 Asset Passthrough Certificates, Bank of
America Home Loan Servicing f/k/a Countrywide Home
Loan Servicing, Countrywide Home Loans Servicing LP,
HSBC Bank USA National Association, Ace Securities
Corporation, Wells Fargo Bank National Association,
Countrywide Securities Corporation
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Cooley Manion Jones LLP
Tracy A.R. Jolly, Esq.
21 Custom House Street
Boston, Massachusetts 02110-3536
617.737.3100 fax: 617.670.8522
tjolly@cmj-law.com
for Laura M. Tomasello, Esq., Nationwide Title and
Escrow
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would know the reason why you sought the mortgage
loan?
A. No.
Q. When did you first apply for the mortgage
loan?
A. For this mortgage loan?
Q. Yes.
A. I filled out an application in March of
2005.
Q. Where did you fill out the application?
A. I don't remember.
Q. Do you recall if anyone was with you when
you applied for the mortgage loan?
A. I don't recall.
Q. Do you remember who you met with when you
applied for the mortgage loan?
A. I don't.
MS. BENSON: I'd like to mark as Exhibit
5 a good faith estimate dated March 18, 2005. And I
would like to mark as Exhibit 6 an initial Truth-in-
Lending disclosure, also dated March 16, 2005.
(Marked, Exhibit 5, good faith
estimate.)
(Marked, Exhibit 6, Truth-in-Lending
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disclosure statement.)
MS. BENSON: And for the record, if I
stated that these documents were dated March 16, I
meant they were dated March 18th, 2005.
Q. Once you've reviewed the documents, could
you just let me know, Ms. Matt?
A. Yes. Okay.
Q. You claim that you initially received on
March 18th, 2005 a good faith estimate which we've
marked as Exhibit 5 and a Truth-in-Lending statement
which we've marked as Exhibit 6 indicating that the
interest rate was to be 8.158 percent with a monthly
payment of $1,329.26. Are these the documents to
which you refer?
A. I believe so.
Q. You received these documents on or around
March 18th, 2005, correct?
A. Yes.
Q. And these are your signatures on the bottom
of each page?
A. Yes.
Q. And the signature and date is -- the
signature is dated March 18, 2005 on each document,
correct?
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Q. Did you ever try to refinance the loan?
A. Well, I tried to get a modification.
MS. BENSON: Let me mark as Exhibit 12 a
letter from Countrywide to Ms. Matt dated February
28, 2007.
(Marked, Exhibit 12, letter, February
28, 2007.)
A. Okay.
Q. This letter appears to lay out terms of a
possible refinancing agreement. Do you agree?
A. Um-hum.
Q. And it's from Countrywide's Full Spectrum
Lending Division, correct?
A. Yes.
Q. Do you recall contacting Countrywide for
this sort of refinancing?
A. I don't remember.
Q. Would anyone have contacted them on your
behalf?
A. No.
Q. Do you recall receiving this letter?
A. It looks familiar, but I don't remember.
Q. Did you choose to refinance with these
terms of the letter?
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A. No.
Q. And the letter offers a 30-year fixed rate
at 7.375 percent with 3.25 points and a one-year
prepayment penalty, correct?
A. Yes.
Q. Why did you choose not to refinance with
these terms?
A. I believe the interest rate was too high
and the points were too much.
Q. Meaning you felt you could not afford --
A. Correct.
Q. -- this refinance? Did you seek
refinancing with any other lenders?
A. I'm not sure. I don't remember.
Q. Any reason to believe that you did seek
financing with other lenders?
A. I may have at some point, but I'm not sure.
Q. Do you recall which lenders you may have
sought financing with?
A. No.
Q. Would anyone have done so on your behalf?
A. No.
Q. After you decided not to refinance with
these terms, did you seek a modification?
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A. At one point they said that they were going
to, but it never came.
Q. So you never received the modification?
A. At one point they said that they were going
to send one that was closer to what I was looking
for, and I never received anything in the mail from
them.
Q. What time frame was that?
A. I don't remember the dates.
Q. Do you recall whether it was before or
after 2008?
A. It was after 2008.
Q. So in 2008 you reinstated your loan,
correct?
A. Yes.
Q. Do you recall how you did so?
A. Yes.
Q. How did you do so?
A. I cashed in my 401(k).
Q. And this brought your loan current,
correct?
A. Yeah.
Q. It didn't modify the terms of the loan,
correct?
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A. Yes, it did not.
Q. After that payment of approximately
$34,000, correct?
A. Yes.
Q. The foreclosure proceedings were canceled,
correct?
A. Yes.
Q. Did you continue making your payments after
reinstating the loan in April 2008?
A. I don't remember.
Q. Do you recall making any payments between
April 2008 and August 2008?
A. I don't remember.
Q. You claim that Countrywide told you in
November 2008 that the interest rate would change to
6.99 percent; is that correct?
A. I believe so.
Q. Who told you that?
A. I don't remember. Someone on the phone.
Q. Did you ever receive any documents
indicating that the interest rate would change?
A. No.
Q. And you never received any permanent
modification offer indicating a 6.99 percent
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order to apply for it?
A. Yes.
Q. Do you recall when you sent in those
documents?
A. Several times. I don't recall when, but
more than once I sent the same types of documents.
Q. And I assume they were bank statements, tax
returns, financial information?
A. Yeah, yes. Pay stubs.
MS. BENSON: I'd like to mark as Exhibit
17 a notice of intention to foreclose dated
September 14, 2009.
(Marked, Exhibit 17, notice of intention
to foreclose.)
A. Okay.
Q. This is a notice of intention to foreclose
sent to you by Bank of America, correct?
A. Yes.
Q. And it informed you that you could cure
your default under the mortgage loan, correct?
A. Yes.
Q. Did you choose to cure your default?
A. Oh, no, I did not.
Q. Was this because you couldn't afford the
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