Post on 28-Jul-2015
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SUPERIOR COURT OF NEW JERSEYCHANCERY DIVISION - BERGEN COUNTYDOCKET NO. F-10078-10
HSBC Bank USA, NationalAssociation as Trustee forWells Fargo Asset SecuritiesCorporation, MortgageAsset-Backed Pass-ThroughCertificates Series 2007-PA6,
Plaintiff,
v.
HILDE B. LEZARON; et al,
Defendants.
:::::::::::
DEPOSITIONUPON THE ORALEXAMINATIONOF:
MICHAEL S.ACKERMAN, ESQ.
......................................B E F O R E:
Transcript of the stenographic notes of
the proceedings in the above entitled matter, as
taken by and before KIM O. FURBACHER, a Certified
Court Reporter, License No. XIO1042, Registered
Professional Reporter, Certified Realtime Court
Reporter and Notary Public of the State of New
Jersey, held at the office of ZUCKER, GOLDBERG &
ACKERMAN, LLC, 200 Sheffield Street, Suite 301,
Mountainside, New Jersey, on Monday, August 8, 2011,
commencing at 11:27 a.m., pursuant to Notice.
BARRY A. FOND SHORTHAND REPORTERS, INC.CERTIFIED COURT REPORTERS
381 BROADWAYWESTWOOD, NJ 07675
201-666-4888FAX: 201-666-6944
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A P P E A R A N C E S:
ZUCKER, GOLDBERG & ACKERMAN, LLCBY: BRIAN C. NICHOLAS, ESQ.
JENEE K. CICCARELLI, ESQ.200 Sheffield Street, Suite 301P.O. Box 1024Mountainside, New Jersey 07092-0024908-233-8500, Ext. 253bnicholas@zuckergoldberg.comCounsel for Plaintiffs
DENBEAUX & DENBEAUX, ESQS.BY: JOSHUA DENBEAUX, ESQ.
ADAM DEUTSCH, ESQ.366 Kinderkamack RoadWestwood, NJ 07675201-664-8855jdenbeaux@denbeauxlaw.comCounsel for Defendants
BARRY A. FOND SHORTHAND REPORTERS, INC.CERTIFIED COURT REPORTERS
381 BROADWAYWESTWOOD, NJ 07675
201-666-4888FAX: 201-666-6944
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I N D E X
WITNESS PAGE
MICHAEL S. ACKERMAN, ESQ.
Direct Examination by Mr. Denbeaux 4
EXHIBITS
NO. DESCRIPTION ID EVID
D-1 Series of documents, 23 pgs.,cover document, letter dated4/5/2010 to Hilde B. Lezaronfrom Leonard B. Zucker, Esq. 4
D-2 Series of documents, 29 pgs.,cover document, Affidavits inSupport of Motion for SummaryJudgment, Docket No. F-178-10 4(marked but not referenced)
D-3 Interest-Only Period AdjustableRate Note, 4 pgs., dated7/27/2007 4
D-4 Interest-Only Period AdjustableRate Note, 4 pgs., dated7/27/2007 4
D-5 Mortgage Electronic RegistrationSystems, Inc., CorporateResolution, 4 pgs. 4
D-6 Assignment of Mortgage, 1 pg.,dated 2/11/2010 43
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M. Ackerman - direct - Denbeaux 4
(Twenty-three pages of documents, cover
document letter dated 4/5/2010 to Hilde B. Lezaron
from Leonard B. Zucker is marked as exhibit D-1 for
identification.)
(Twenty-nine pages of documents, cover
document entitled "Affidavits in Support of Motion
for Summary Judgment," Docket No. F-178-10 is marked
as exhibit D-2 for identification.)
(Four page document entitled
"Interest-Only Period Adjustable Rate Note" dated
7/27/2007 is marked as exhibit D-3 for
identification.)
(Four page document entitled
"Interest-Only Period Adjustable Rate Note," dated
7/27/2007 is marked as exhibit D-4 for
identification.)
(Four pages of documents, cover
document entitled "Mortgage Electronic Registration
Systems, Inc., Corporate Resolution" is marked as
exhibit D-5 for identification.)
M I C H A E L S. A C K E R M A N, ESQUIRE, c/o
Zucker, Goldberg & Ackerman, LLC, 200 Sheffield
Street, Suite 301, Mountainside, New Jersey 07092,
having been duly sworn, testifies as follows:
DIRECT EXAMINATION BY MR. DENBEAUX:
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M. Ackerman - direct - Denbeaux 5
Q. Mr. Ackerman, I'm Joshua Denbeaux. I
represent Hilde Lezaron in this case, as I'm sure you
know.
We're here to take the deposition of
you with regard to this litigation. And I want to
make sure that we all are in somewhat agreement as to
the scope of the deposition, so we can sort of figure
out where our problems are going to be, if we're
going to have any, at the outset.
Do we agree that the deposition is
going to involve Mr. Ackerman's execution of the
assignment of mortgage?
MR. NICHOLAS: Yes, I think we can
agree to that.
MR. DENBEAUX: Okay. And the basis for
the execution.
MR. NICHOLAS: Well, it's going to
depend on the questions.
MR. DENBEAUX: Fair enough.
MS. CICCARELLI: It wasn't in there, so
was it Bate stamped or anything like that?
MR. DEUTSCH: It's just the original
assignment that you produced with the first discovery
and with the first motion for summary judgment.
MS. CICCARELLI: Yes, I looked through
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M. Ackerman - direct - Denbeaux 6
myself. There was nothing. And then they checked
our general fax number, there was nothing in there.
MR. DENBEAUX: We'll make sure it gets
faxed over during a break.
MR. DEUTSCH: Sure.
Q. In this case, HSBC Bank USA, as Trustee
for Wells Fargo Asset Securities vs. Hilde Lezaron,
who is your client?
A. Wells Fargo.
Q. Wells Fargo the main company, like
Wells Fargo NA or Wells Fargo Asset Securities
Corporation?
A. Wells Fargo.
Q. I don't understand the answer.
A. Wells Fargo is our client.
Q. Meaning not limited to Wells Fargo
Asset Securities Corporation but Wells Fargo the main
total company in all respects?
A. No.
Q. When you answer "Wells Fargo," I've
sort of given you two basic options and you've not
clarified for me as to which Wells Fargo you
represent. So who is your client in this case?
A. Wells Fargo.
Q. Just Wells Fargo, not Wells Fargo NA?
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M. Ackerman - direct - Denbeaux 7
A. Wells Fargo NA, no.
Q. Wells Fargo Asset Securities
Corporation, is that your client?
A. No.
Q. Do you know the answer to my question
to anymore specificity other than the two words
"Wells Fargo"?
A. I know who my client is.
Q. Okay. And your client, according to
your testimony, is simply Wells Fargo and no other
further identification?
A. None that you've asked me specifically
about.
Q. Well, who is your specific client fully
designated, Wells Fargo what?
A. Wells Fargo, the mortgage servicing
entity that referred us the foreclosure.
Q. What is the formal name of that entity?
A. I don't recall specifically.
Q. Would that formal name of the entity be
the entity identified in the caption of the
complaint?
A. No.
Q. What is the relationship between your
client, Wells Fargo, and Wells Fargo Asset Securities
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M. Ackerman - direct - Denbeaux 8
Corporation, which is the identity of the plaintiff
in the complaint?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: What's the objection?
MR. NICHOLAS: The complaint speaks for
itself. I don't think you're accurately representing
who the plaintiff in the complaint is.
MR. DENBEAUX: Okay.
Q. What is the relationship between your
client Wells Fargo and Wells Fargo Asset Securities
Corporation, Mortgage Asset-Backed, Pass-Through
Certificates Series 2007-PA6, which is the plaintiff
identified in the complaint?
A. I don't recall if they are exactly the
plaintiff. I agree you're saying they're the
plaintiff.
Q. All right. I accept that.
I'm going to show you what's been
marked as D-1. Give it to your counsel for review.
It is a letter dated April 5, 2010, signed by Leonard
B. Zucker and addressed to my client, Hilde Lezaron,
enclosing the complaint (indicating).
I have a second copy for your client.
MR. NICHOLAS: Just one second, the
copies you gave us are different in terms of the
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M. Ackerman - direct - Denbeaux 9
front page is different.
MR. DENBEAUX: Send me back the one
that's hand marked, please.
MR. NICHOLAS: (Complies.)
MR. DENBEAUX: Thank you.
A. I've reviewed what purports to be D-1,
and it appears as if one of the attachments is a
complaint that is filed by our office, and the
plaintiff on the complaint for foreclosure is
designated as "HSBC Bank USA, National Association as
Trustee for Wells Fargo Asset Securities Corporation,
Mortgage Asset-Backed Pass-Through Certificates
Series 2007-PA6."
Q. Let me ask the question again, in a
better way.
What is the relationship between your
client Wells Fargo and the plaintiff referenced in
this complaint as you just recited in the record?
A. Our client is their servicing agent.
Q. So your client is the servicing agent
for the plaintiff, and you do not represent the
plaintiff in this case except through its servicing
agent. Is that correct?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: What's the objection?
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M. Ackerman - direct - Denbeaux 10
MR. NICHOLAS: I don't understand the
question.
BY MR. DENBEAUX:
Q. Does the witness?
A. No. Could you repeat it?
Q. Sure.
Your client is the servicing agent for
the plaintiff in this case, correct?
A. Yes.
Q. And except by virtue of representing
the servicing agent, you do not formally represent
plaintiff?
A. No -- can you repeat that question?
Q. The plaintiff, quite a long and
convoluted and I think it's clear on the record we
both agree is properly recited by you, I'm not going
to repeat it, referred to as "The Plaintiff," the
plaintiff in this case is not your client. Is this
correct?
A. No, that is not correct.
Q. Okay. The plaintiff in this case is
your client, excuse me.
Do you represent HSBC Bank USA in other
matters?
A. Yes.
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M. Ackerman - direct - Denbeaux 11
Q. So HSBC Bank USA is a client of this
firm in other matters?
A. That is correct.
Q. Is HSBC Bank USA, National Association
a client of this firm for the purpose of this Lezaron
litigation?
A. Yes.
Q. So you represent the servicing agent in
this case, Wells Fargo Asset Securities Corporation,
as well as HSBC Bank -- let me rephrase the question.
In this case, HSBC Bank USA vs.
Lezaron, do you represent HSBC Bank?
A. We represent HSBC Bank USA, National
Association as Trustee for Wells Fargo Asset
Servicing [sic] Corporation Mortgage Asset-Backed
Pass-Through Certificates Series 2007-PA6.
Q. Just to correct the record for a
moment, you said "Asset Servicing," you meant "Asset
Securities," correct?
A. Asset securities, yes, thank you.
Q. Do you have a written retainer
agreement with any entity with regard to your
representation of the plaintiff in this case?
MR. NICHOLAS: Objection. It's
privileged.
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M. Ackerman - direct - Denbeaux 12
MR. DENBEAUX: The existence of a
retainer agreement is privileged?
MR. NICHOLAS: Absolutely.
MR. DENBEAUX: The existence of a
retainer agreement is privileged?
MR. NICHOLAS: Absolutely.
MR. DENBEAUX: So if I asked for a copy
of the retainer agreement as a matter of discovery,
you would not send me a privilege log, you would
simply tell me no and that would be sufficient under
the discovery rules?
MR. NICHOLAS: You're welcome to put
any request that you want in writing. We will
respond to it in due course.
MR. DENBEAUX: But you're standing by
your position that the existence or not of a written
retainer agreement, not what words it contains, but
the existence of the written retainer agreement is
privileged?
MR. NICHOLAS: Correct.
MR. DENBEAUX: Other than simply saying
it's privileged, can you give me an authority or a
basis for that assertion?
MR. NICHOLAS: Put your request in
writing, I will be happy to respond to you.
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M. Ackerman - direct - Denbeaux 13
MR. DENBEAUX: If I have to put it in
writing as to this issue, it's not likely going to
you, it's going to the court and we're going to come
back for another deposition. I'm going to ask you to
re-think this, because whether or not a retainer
agreement exists establishing a lawyer/client
relationship is not a privileged issue.
MR. NICHOLAS: Stand by the objection.
MR. DENBEAUX: Without any further
explanation?
MR. NICHOLAS: Correct.
Q. Are you choosing to accept your
counsel's instruction to me that this is a privileged
issue and you are refusing to answer the question?
A. That is correct.
Q. Directing your attention to -- I think
the record is clear that we do not accept this
attorney/client privilege assertion. I want to make
that clear. We object to the assertion of the
attorney/client privilege on this matter.
MR. NICHOLAS: Well, if we're making a
record, I believe that you guys requested it in
discovery and that was objected to already, so just
for purposes of the record as well.
MR. DENBEAUX: Actually you're
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M. Ackerman - direct - Denbeaux 14
incorrect. In discovery we asked for a copy of the
retainer agreement. I didn't agree with you that it
was privileged at that point, but my question today
was not for a copy of the retainer agreement, it was
not for a copy of the terms of the retainer
agreement, it was not for a description of
compensation or anything else, it was whether or not
the written document existed, and we did not ask that
question in discovery. It's not the same question.
I'm not saying I agree to your objection before, but
it is ridiculous to tell me that it is a privilege
issue as to whether or not a written retainer
agreement exists.
Q. I'm directing your attention to exhibit
D-1, it is paragraph four of the complaint contained
therein.
Do you see the paragraph I'm speaking
of?
A. Yes.
Q. Specifically 4a, I'm going to read it
into the record.
"By assignment of mortgage dated
2/11/2010 from Mortgage Electronic Registration
Systems, Inc. as nominee for American Mortgage
Express Corp. to HSBC Bank USA, National Association
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M. Ackerman - direct - Denbeaux 15
as Trustee for Wells Fargo Asset Securities
Corporation Mortgage Asset-Backed Pass-Through
Certificates Series 2007-PA6, plaintiff herein, which
is unrecorded at this time."
Did I read that into the record
correctly?
A. I was unclear on the first sentence
whether you said from "mortgagee" or "mortgage." It
is correctly stated as "mortgage."
Q. This document, this complaint, is
signed by Leonard Zucker, your partner in this firm,
correct?
A. Lenny is not my partner.
Q. A member of this firm, Leonard Zucker,
signed this document, correct?
A. Len is a member of the firm, and he did
sign the document.
Q. And this document, this complaint,
which is a portion of the exhibit D-1, was filed with
the court and served upon my client, Hilde Lezaron,
correct?
MR. NICHOLAS: Objection. It is
outside the scope of the deposition.
MR. DENBEAUX: Why is asking whether
this complaint was -- I'm just authenticating the
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M. Ackerman - direct - Denbeaux 16
complaint to the witness' testimony. Are you really
telling me this is outside the deposition?
MR. NICHOLAS: Absolutely.
MR. DENBEAUX: Well, I don't think
there's much of a doubt that your firm filed this
thing, so I'll abandon that question, but I don't
accept your objection.
Q. Now, is there an assignment of mortgage
from MERS as nominee for American Mortgage Express
Corp. to HSBC Banks USA for this loan dated
February 11, 2010?
A. I believe so.
MR. DEUTSCH: Off the record.
(A discussion is held off the record.)
Q. We're awaiting one more document. I'll
get back to this exhibit in a minute.
I'm going to show the witness exhibit
D-5, and I have a copy (indicating).
Have you had an opportunity to review
D-5, sir?
A. I have.
Q. D-5 consists, as I see it, of two
documents, one is a Mortgage Electronic Registration
Systems, Inc. Corporation Resolution, which is page
one of the document, and the remaining three pages
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are an Agreement for Signing Authority between MERS
Corp.; Mortgage Electronic Registration Systems,
Inc.; Wells Fargo Home Mortgage a Division of Wells
Fargo Bank, NA; and Zucker, Goldberg & Ackerman.
Am I correct in my understanding of the
content of this exhibit?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: What's the objection?
MR. NICHOLAS: Don't understand the
question.
MR. DENBEAUX: You don't understand the
question?
MR. NICHOLAS: Correct. If the witness
understands, he's welcome to answer it.
A. I believe that that is what you believe
D-5 is.
Q. Could you tell that me what the first
page of D-5 is, in your understanding?
A. A corporate resolution from Mortgage
Electronic Registration Systems, Inc.
Q. And the corporate resolution mentions
the firm Zucker, Goldberg & Ackerman in the first
paragraph, right?
A. Yes.
Q. What in your understanding did this
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corporate resolution do for Zucker, Goldberg &
Ackerman?
A. It gave us authority to sign various
documents on behalf of Mortgage Electronic
Registration Systems, Inc.
Q. Is it your position that this corporate
resolution is a document relevant to this foreclosure
litigation?
MR. NICHOLAS: Objection to form.
A. I don't understand what you mean by
"relevant."
Q. This document, I will represent to
everybody and on the record, was provided to my firm
from your firm in response to certain discovery
demands made during the course of this litigation.
To be honest with you, I'm having a
difficult time understanding why your office produced
this page, because it seems not to be relevant to
this litigation, it doesn't seem to give anybody any
right to assign the Hilde Lezaron mortgage in any
capacity. So I guess my question to you is this: Is
it your position that this corporate resolution gave
Zucker, Goldberg & Ackerman the legal right to assign
or assign the lien of the mortgage loan in the Hilde
Lezaron foreclosure litigation?
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A. It is my interpretation of this
document that it gave certain individuals at Zucker,
Goldberg & Ackerman a number of rights, including but
not limited to the right to assign the lien of any
mortgage, loan registered on the MERS System that is
shown to be registered to Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA or its designee.
Q. There appear to me that there are four
different powers given to Zucker, Goldberg & Ackerman
by virtue of this corporate resolution. You've
identified I believe only the first.
Agreed?
A. I agree that's what you say.
Q. Other than what you've just described
how you interpret this document -- no, never mind.
Was the lien of the Lezaron mortgage
loan registered on the MERS System at any time, to
the best of your knowledge?
A. Yes.
Q. Was the lien of the Lezaron mortgage
loan registered on the MERS System as of the date
that your firm assigned the lien of the mortgage loan
to the plaintiff?
MR. NICHOLAS: Objection to form.
A. As of this specific date, I don't
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M. Ackerman - direct - Denbeaux 20
recall.
Q. Did you previously know whether or not
as of the date of the assignment of the mortgage to
plaintiff, this Lezaron mortgage loan was registered
on the MERS System?
A. I'm not sure I understand the question.
Q. You answered the previous question with
"I don't recall."
"I don't recall" suggests that you used
to know the answer to the question but have
forgotten. And the question now is: Did you ever
know whether or not -- let me rephrase that.
Did you ever have personal knowledge as
to whether the Lezaron mortgage loan lien was
registered on the MERS System as of the date of the
execution of the assignment of mortgage?
MR. NICHOLAS: Objection to form.
A. I'm not sure I understand your
question.
Q. What documents would we need to refresh
your recollection as to whether the lien of the
Lezaron mortgage loan was registered on the MERS
System as of the date that you executed the
assignment of mortgage?
MR. NICHOLAS: Objection to form.
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M. Ackerman - direct - Denbeaux 21
MR. DENBEAUX: Just out of curiosity
what's the form objection?
MR. NICHOLAS: You're asking him to
speculate.
MR. DENBEAUX: No, I'm not. He said he
didn't recall. What documents would we need to
refresh his recollection, if he didn't recall.
MR. NICHOLAS: If he knows.
MR. DENBEAUX: Okay.
MR. NICHOLAS: That's my objection.
Q. Yes, if you know, what documents would
be necessary to refresh your recollection?
A. I'm not sure I understand your
question.
Q. What's your confusion with the
question?
A. I have no idea what you mean by
"document."
Q. You don't?
A. Absolutely not.
Q. Well, let's define "document" as any
writing.
A. I'm not sure if I understand what you
mean by "writing."
Q. Let's define "writing" as any word
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M. Ackerman - direct - Denbeaux 22
printed, typed, scrolled on paper or sent
electronically in any format. Do you still not
understand the question?
A. We're getting warmer, but I still do
not understand your definition of "writing."
Q. How do you define "writing?"
A. How do I define "writing?"
Q. Sure.
A. To me writing is a verb, it is the act
of putting something on a piece of paper using
letters.
Q. Using your definition of writing, is
there any document that you know of that we could
turn to to assist you, refresh your recollection as
to whether you knew whether the Lezaron mortgage loan
lien was registered on the MERS System as of the date
that you executed the assignment of mortgage?
A. My definition is inappropriate for that
question.
Q. Is there any piece of paper or any
electronic communication of any form which would
assist you, refresh your recollection, as to whether
you knew that the mortgage loan lien for the Lezaron
loan was registered on the MERS System as of the date
that you executed the assignment of mortgage?
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M. Ackerman - direct - Denbeaux 23
A. I don't understand that question.
Q. What's your confusion?
A. I have no idea what you mean by
"electronic communication."
Q. You don't?
A. Absolutely not. I got paper. I don't
understand "electronic communication."
MR. DENBEAUX: I need just a five
minute break. Excuse me.
(A short recess is held.)
MR. DENBEAUX: Back on the record.
Q. What is your position? You are an
employee of Zucker, Goldberg & Ackerman, correct, or
are we having a problem with the term "employee"?
A. "Employee" is a good term, I don't
necessarily know if it applies to me.
Q. Are you a partner in the firm?
A. No.
Q. What is your relationship to the law
firm Zucker, Goldberg & Ackerman LLC?
A. I am the managing member.
Q. Right, of course. It's an LLC.
Was the Lezaron lien on her mortgage
loan registered to Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA, at the time you
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M. Ackerman - direct - Denbeaux 24
executed the assignment of mortgage?
A. Yes.
Q. What documents do you know of that
evidence that the Lezaron lien was registered to
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA, at the time that you executed the
assignment of mortgage?
A. I don't understand your question.
Q. Because you have a problem with the
word "document" again?
A. That is correct.
Q. What information do you have that
evidences that the Lezaron lien of the Lezaron
mortgage loan was registered to Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA, on the
MERS System, as of the date of the assignment of
mortgage you executed?
A. I don't know what you mean by
"information."
Q. You don't know what I mean by
"information"?
A. I would like to know what you mean by
"information."
Q. We've had difficulty defining
"writing," "document," "information." They seem to
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M. Ackerman - direct - Denbeaux 25
me to be rather straightforward terms that would be
understood by any layman and particularly by any
lawyer. I do not understand your confusion.
Dealing with the word "information," do
you have any information from any source, whether in
writing, orally, if there's a distinction between the
two, electronic, in any fashion whatsoever to support
your answer or your belief that the Lezaron lien of
the Lezaron loan was registered on the MERS System to
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA, as of the date you executed the assignment
of mortgage?
A. Can you repeat that?
MR. DENBEAUX: Please read it back.
(The question is read back by the court
reporter.)
A. Yes.
Q. What is it? What is your information?
A. Reliance on business records of various
entities.
Q. Anything else?
A. I don't recall anything else at this
moment.
Q. What are the names of the various
entities on whose business records you relied to
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M. Ackerman - direct - Denbeaux 26
conclude that the Lezaron lien of the Lezaron loan
was registered on the MERS System to Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA on the
date that you executed the assignment of mortgage in
this case?
MR. NICHOLAS: I would object to the
extent that we're getting close to privileged
information.
MR. DENBEAUX: Well, I might even
accept that, if you start telling me who the clients
are in question here that you rely upon. So if
there's an attorney/client relationship, we'll talk
about it. If there's not an attorney client
relationship, there's no privilege.
MR. NICHOLAS: I stand by the objection
that I object to the extent that we're getting close
to attorney/client privilege.
MR. DENBEAUX: That's not an objection,
it's either privileged or it's not.
Q. Who are the entities -- let me ask you
a question. Can you identify these entities without
naming your clients in this case?
A. Can you repeat that?
Q. Sure.
There is an objection that we might be
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M. Ackerman - direct - Denbeaux 27
getting close to attorney/client privileged
information. I'm not sure I ever heard that
objection before, but it is certainly the case that
there can be no privilege asserted unless there's an
attorney/client relationship. So I'm asking you:
Can you identify any of the various entities on whose
business records you relied without identifying
clients? In other words, are any of these business
entities non-clients?
You're still thinking?
A. I am thinking.
Zucker, Goldberg & Ackerman LLC is not
a client.
The other entities I believe are
clients.
Q. Who are the other entities upon whose
business records you relied as of the date you
executed the assignment of mortgage regarding whether
the Lezaron lien of the Lezaron loan was registered
on the MERS System to Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: Let me rephrase the
question.
Q. Please identify the other entities
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M. Ackerman - direct - Denbeaux 28
you've relied upon, in addition to -- excuse me, let
me rephrase that again.
You relied upon business records of
various entities, one of those entities was Zucker,
Goldberg & Ackerman, LLC. If there are other
entities on whose business and records you relied,
please identify them.
A. Wells Fargo Home Loan and Mortgage
Electronic Registration Systems, Inc.
Q. Any other entities?
A. I don't recall at this time.
Q. Have the business records from Zucker,
Goldberg & Ackerman LLC; Wells Fargo Home Loan; and
MERS, which indicated to you as of the date of the
execution of the assignment of mortgage -- let me
rephrase that.
Has your client produced in discovery
the documents you relied upon from the three entities
we've described?
MR. NICHOLAS: Object to the form of
the question. He's being called to testify as to the
assignment of mortgage, not discovery in the case.
MR. DENBEAUX: Okay.
Q. So what are those documents you relied
upon from ZGA LLC?
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M. Ackerman - direct - Denbeaux 29
MR. NICHOLAS: Objection. Privilege.
MR. DENBEAUX: What's the privilege?
MR. NICHOLAS: To the extent that the
documents were obtained from the client.
Q. What documents did you rely upon from
Wells Fargo Home Loan?
MR. NICHOLAS: Same objection.
Q. What documents did you rely upon from
MERS?
You heard the question, right?
A. Can you refresh my recollection as to
how you are defining "document"?
Q. No, I'm not going to do that, it's a
self-defining term. I believe you're being
obfuscational. If you're not going to answer, just
say so.
A. I'd be happy to answer your question,
if you pose it in more precise terms so I can
understand exactly what you are asking.
Q. You relied on business records of
various entities, we identified the three entities as
ZGA LLC, Wells Fargo Home Loans, and MERS. What
business records from MERS did you rely upon?
MR. NICHOLAS: Objection to form.
A. Their website.
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M. Ackerman - direct - Denbeaux 30
Q. Do you recall what their website
indicated to you as of the date that you executed the
assignment of mortgage with regard to the Lezaron
loan?
A. Do I recall specifically?
Q. Specifically.
A. As of the date?
Q. Specifically.
A. I do not recall.
Q. Did you check the MERS website the day
that you executed the assignment of mortgage to
determine whether the Lezaron loan was registered to
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA?
A. Did I check their website?
Q. Yes.
A. No.
Q. Did someone else check the website for
you?
A. Yes.
Q. Who was that?
A. I do not recall.
Q. Would it be one of your paralegals?
Let me rephrase that. It was an
employee of ZGA LLC --
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M. Ackerman - direct - Denbeaux 31
A. Yes.
Q. -- who checked that website on your
instruction?
A. I'm not sure what you mean by my
"instruction."
Q. Forget whether it was on your
instruction or not. The person who checked the
website provided you some kind of information that
indicated to you that the MERS website showed that
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA, was the registered owner on the MERS system
of the Lezaron lien?
MR. NICHOLAS: Objection to form.
Q. Is that correct?
A. Can you repeat that?
Q. I'll try again.
You indicated previously that the
business records you relied upon from MERS was their
website.
A. That is correct.
Q. I didn't say you checked it.
A. I agree.
Q. Someone from your firm, we don't know
who, but someone employed by Zucker Goldberg, you
believe, checked the MERS website and you relied upon
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M. Ackerman - direct - Denbeaux 32
that, whatever information they gave you?
A. I'm not sure what you mean by "you
believe."
Q. Somebody at ZGA LLC checked the MERS
website, correct?
A. Yes.
Q. They passed on information to you as a
result of that search that caused you to understand
that the MERS website reported that the Lezaron lien
and the Lezaron loan was registered to Wells Fargo
Home Mortgage a Division of Wells Fargo Bank, NA, as
of the date you executed the assignment of mortgage,
correct?
MR. NICHOLAS: Objection to form.
A. I want to make sure I specifically
answer the question you're asking, so could you
please repeat that?
Q. The information that you saw, that you
previously identified as MERS business records,
specifically what was that information?
A. That I saw?
Q. Uh-huh.
A. I don't believe I testified that I saw
--
Q. The business records from MERS that you
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M. Ackerman - direct - Denbeaux 33
relied upon, what were those business records that
you relied upon?
MR. NICHOLAS: Objection to form.
A. I don't recall if I said I relied upon,
but the business records that would have been relied
upon would have been on the MERS website.
Q. Which you didn't check personally?
A. I did not.
Q. You've testified that somebody else at
ZGA LLC checked the MERS website --
A. I believe I did.
Q. -- correct?
So what information would have come to
you, now that we've established that you didn't
personally check the MERS website, that somebody else
did here at ZGA LLC, so what information would have
come to you that lead you to believe that the MERS
website indicated that the Lezaron lien of the
Lezaron loan was properly registered?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: Are you objecting to
"properly registered? Please don't be.
MR. NICHOLAS: I am.
MR. DENBEAUX: Okay.
Q. Properly registered to Wells Fargo Home
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M. Ackerman - direct - Denbeaux 34
Mortgage a Division of Wells Fargo Bank, NA?
MR. NICHOLAS: I have the same
objection.
MR. DENBEAUX: Why?
MR. NICHOLAS: How do I know what
"properly registered" means?
MR. DENBEAUX: I'll willing to live
with that problem, if it is a problem. Please answer
the question.
A. How do you define "properly
registered"?
Q. What information came to you as a
result of an employee of ZGA LLC reviewing the MERS
website which would indicate to you that the Lezaron
lien of the Lezaron loan was registered on the MERS
System to Wells Fargo Home Mortgage a Division of
Wells Fargo Bank, NA?
A. What information?
Q. What information?
A. The information would be the result of
several business processes and records that we
routinely rely upon, which is manifested as the
assignor on an assignment of a mortgage.
Q. From the MERS website?
A. I stand by my answer.
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M. Ackerman - direct - Denbeaux 35
Q. Where did this information come from,
the MERS website or another source?
A. I believe I said "several business
processes and records."
Q. Are we still talking only about MERS or
is your answer incorporating MERS and Wells Fargo
Home Loan and ZGA LLC as the business records you're
relying upon?
A. There are a number of processes and
procedures that we rely upon.
Q. Identify them in any order you wish,
starting with whichever you like, I'll take notes.
MR. NICHOLAS: Objection to form.
A. We rely on the public land records.
Q. Okay.
A. We rely on the results of our own
internal processes and procedures.
Q. Okay.
A. And we rely on the business records of
MERS and Wells Fargo Home Mortgage.
Q. Do you recall what in the public land
records for the Lezaron lien of the Lezaron loan
showed the Lezaron lien to be registered on the MERS
System to Wells Fargo Home Mortgage a Division of
Wells Fargo Bank, NA?
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M. Ackerman - direct - Denbeaux 36
MR. NICHOLAS: Objection to form.
A. I don't specifically recall.
Q. What were the business records of MERS
and Wells Fargo Home Mortgage that you reviewed or
relied upon, I can't think of any other verb that
would be appropriate, as of the date you executed the
assignment of mortgage to indicate to you that the
Lezaron lien of the Lezaron loan was registered on
the MERS System to Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA?
MR. NICHOLAS: Can you read that back,
please.
(The question is read back by the court
reporter.)
MR. NICHOLAS: I'm going to object to
form and also privilege to the extent that it goes
towards Coldwell's documents.
MR. DENBEAUX: I'm not withdrawing the
question or amending it.
MR. NICHOLAS: Okay, just so the record
is clear, then I'm directing the witness not to
answer any question as it relates to attorney/client
privileged documentation.
Q. I'm not accepting your counsel's
interpretation of the attorney/client privilege here,
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M. Ackerman - direct - Denbeaux 37
but are you accepting your counsel's advice not to
answer -- wait a second, we haven't defined what
would be privileged yet. You can't tell him not to
-- even if you're right, it's your definition of
privilege which exclude identifying document, the
existence of documents, which is not correct, you
can't instruct him not to answer -- let me do this.
Mr. Nicholas, are there any Wells Fargo
generated documents that you're going to allow your
client to testify about or are they all going to be
deemed privilege?
MR. NICHOLAS: I don't know the answer
to that.
MR. DENBEAUX: Okay.
MR. NICHOLAS: My sense is any document
that our client has sent to us is privileged.
MR. DENBEAUX: So your position is any
business record of Wells Fargo is privileged?
MR. NICHOLAS: No, that's not what I
said.
MR. DENBEAUX: Wait. So only documents
that Wells Fargo sent to you are privileged?
MR. NICHOLAS: No, any communications
from our client that relate to our job as an attorney
is privileged.
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M. Ackerman - direct - Denbeaux 38
MR. DENBEAUX: Okay.
Q. Are there any business records -- so
here's where we need to get into a privilege log,
which I think you're going to forbid me from seeing,
which I believe is inappropriate.
Mr. Ackerman, what are the types of
documents -- let me rephrase that. Can you identify
for me the types of documents that you relied upon
that you previously identified as business records of
Wells Fargo Home Mortgage, without disclosing the
terms and specifics of the language contained in
those documents?
Let me rephrase that.
Identify what Wells Fargo Home Mortgage
business records you relied upon in deciding to
execute the assignment of mortgage in this case.
MR. NICHOLAS: Object to the form.
MR. DENBEAUX: Not privilege? You
don't have a privilege objection to that?
MR. NICHOLAS: I can raise a privilege
objection, if you want me to.
Do you want to read the question back.
MR. DENBEAUX: I just want you to raise
whatever objection you think is appropriate.
(The question is read back by the court
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M. Ackerman - direct - Denbeaux 39
reporter.)
MR. NICHOLAS: My objection to the form
stands.
MR. DENBEAUX: What's the objection to
form?
MR. NICHOLAS: I don't think the
question is very specific at all. It's not the
testimony of the witness.
Q. Can you answer the question, please?
A. I did not rely on any Wells Fargo
business records.
Q. You did testify about five minutes ago
you relied upon three pieces of information, sources
of information, the public land records, results of
internal processes and procedures, business records
of MERS and Wells Fargo Home Mortgage?
A. I don't believe that was my exact
testimony.
Q. What was your exact testimony?
A. It's on the record.
I'm not going to answer a question that
is imprecisely defined or something that has been
changed for your convenience.
Q. I can assure you, if I'm changing
something for my convenience, it is not nefarious.
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M. Ackerman - direct - Denbeaux 40
It may be an error on my part, may be a confusion on
my part; there's no trickery involved. What I sense
is I'm having difficulty -- I'm not going to say it.
What I want to know is --
A. But if you're putting that on the
record, I don't share that point of view.
Q. Okay.
A. And the fact is, is that whether
there's something nefarious or not will probably be
proven at a later date in another forum. But if you
want to ask me a question, please precisely frame it.
And if you're going to refer to something that I
testified to previously, then please correctly quote
it.
Q. You're not properly following the
standard rules and actions in a deposition. It
is impossible --
A. Forgive me, but you did not set any
ground rules, nor did you set "standard rules."
Q. You're right. I did not define
"writing," I did not define "document," I did not
define every term that we might come up with during
this testimony but okay. I generally --
A. Nor did you define standard rules.
Q. Good point. Okay.
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M. Ackerman - direct - Denbeaux 41
I want to know what business records of
MERS and Wells Fargo Home Mortgage you relied upon in
deciding that you had the authority to execute an
assignment of mortgage in this case?
MR. NICHOLAS: Objection to form.
A. I don't believe that was my prior
testimony.
Q. I didn't ask you what your prior
testimony was, I asked you a question.
What business records of MERS and/or
Wells Fargo Home Mortgage you relied upon in deciding
that you had the authority to execute the assignment
of mortgage in this foreclosure case?
A. I did not rely on anything from Wells
Fargo and MERS.
Q. What business records of Wells Fargo
Home Mortgage did you rely upon in deciding that you
had the authority to execute the assignment of
mortgage in this case?
MR. NICHOLAS: Object to the form and
also object to the extent that it asks for privileged
information.
MR. DENBEAUX: We'll try to determine
whether there's anything privileged in a minute.
A. I did not rely on anything from Wells
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M. Ackerman - direct - Denbeaux 42
Fargo.
Q. My question was as to Wells Fargo Home
Mortgage, and it may be there's no distinction in
your answer between the two, but I just want to make
sure. My question related to Wells Fargo Home
Mortgage and your answer related to Wells Fargo, is
that just imprecision or is there a meaningful
difference between the two?
A. I did not rely on anything from Wells
Fargo Home Mortgage.
Q. What business records did you rely on
from MERS in deciding you had the authority to
execute the assignment of mortgage?
MR. NICHOLAS: Objection to form.
A. I did not rely on anything from MERS.
Q. You relied on no MERS business records
to determine that you had the right to execute the
assignment of mortgage in this case?
MR. NICHOLAS: Objection to form.
A. I did not rely on anything from MERS.
Q. So you relied on no MERS business
records in making your decision to execute the
assignment of mortgage. Is that your testimony?
MR. NICHOLAS: Sorry, can you read that
back.
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M. Ackerman - direct - Denbeaux 43
MR. DENBEAUX: I'll just say it again.
Q. So you didn't rely on any business
records of MERS to decide that you had the authority
to execute the assignment of mortgage in this case.
Is that your testimony?
A. Did I rely on? I did not.
Q. Did you execute an assignment of
mortgage in this case?
A. I believe I did.
Q. At the time that you executed this
assignment of mortgage, did you believe that you had
the right to assign the mortgage as indicated in the
assignment of mortgage?
MR. NICHOLAS: Objection to form.
A. Could you repeat that?
MR. DENBEAUX: Would you mark this as
D-6, please.
(One page Assignment of Mortgage, dated
2/11/2010, is marked as exhibit D-6 for
identification.)
Q. I give you D-6 (indicating).
Before we talk about D-6, I want to go
back to D-5, page one. The caption of this or the
title of this or the large bold capitalized print in
the middle of the upper page is "Mortgage Electronic
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M. Ackerman - direct - Denbeaux 44
Registration Systems, Inc.," below it is "Corporate
Resolution."
Are we looking at the same document?
A. If you're referring to D-5, I believe
so.
Q. Okay. It says, "Be it Resolved that
the attached list of candidates are employee(s) of
Zucker, Goldberg & Ackerman and are hereby appointed
as assistant secretaries and vice presidents of
Mortgage Electronic Registration Systems, Inc., and
as such, are authorized to:"
Have I read that properly?
A. I believe so.
Q. Now, this first page does not identify
the attached list of candidates, correct?
A. The first page?
Q. Yes.
A. That is correct.
Q. The first page indicates that the list
of candidates, which should be attached to this
document, are authorized to do certain functions on
behalf of MERS, correct?
A. I'm not sure what you mean by
"functions."
Q. They're authorized to take certain
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M. Ackerman - direct - Denbeaux 45
actions in the name of MERS on behalf of MERS,
correct?
A. I believe the document states that
certain candidates are employed by Zucker, Goldberg &
Ackerman, and are appointed as assistant secretaries
and vice presidents of Mortgage Electronic
Registration Systems, Inc., and, as such, are
authorized to, and it enumerates the powers that were
granted to the employees of Zucker, Goldberg &
Ackerman.
Q. Start with the first power to be
enumerated, the full description is: "Assign the
lien of any mortgage loan registered on the MERS
System that is shown to be registered to Wells Fargo
Home Mortgage a Division of Wells Fargo Bank, NA or
its designee."
What does that power mean -- excuse me,
what does that language authorize the candidate to do
on behalf of MERS?
A. It authorizes the candidate to "assign
the lien of any mortgage loan registered on the MERS
System that is shown to be registered to Wells Fargo
Home Mortgage a Division of Wells Fargo Bank, NA or
its designee."
Q. Does this enumerated power authorize
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M. Ackerman - direct - Denbeaux 46
the candidate to assign the lien of any mortgage loan
that is not registered on the MERS System to Wells
Fargo Home Mortgage a Division of Wells Fargo Bank,
NA or its designee?
MR. NICHOLAS: Objection to form.
A. I believe that this corporate
resolution authorizes a candidate who is employed by
Zucker, Goldberg & Ackerman to assign the lien of any
mortgage loan registered on the MERS System that is
shown to be registered to Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA or its designee.
Q. The second enumerated power or
authorization or authority is: "Release the lien of
any mortgage loan registered on the MERS System that
is shown to be registered to Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA or its
designee."
What does that language authorize the
candidate to do?
A. The candidate, if an employee of
Zucker, Goldberg & Ackerman, is authorized to release
the lien of any mortgage loan registered on the MERS
System that is shown to be registered to Wells Fargo
Home Mortgage a Division of Wells Fargo Bank, NA or
its designee.
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M. Ackerman - direct - Denbeaux 47
Q. The third authority states in part:
"Execute any and all documents necessary to foreclose
upon the property securing any mortgage loan
registered on the MERS System that is shown to be
registered to the Member." Do you see that language?
A. I do.
Q. What is the "Member," what does that
word mean?
A. The member, I interpret as meaning
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA.
Q. Okay. Thank you.
And the fourth and I believe final
enumerated authority is: "Take any and all actions
and execute all documents necessary to protect the
interest of the Member, the beneficial owner of such
mortgage loan, or MERS in any bankruptcy proceeding,"
and then it continues.
My question is: Is this fourth
enumerated power limited to the bankruptcy context?
A. This fourth enumerated power of a
candidate who may be employed by Zucker, Goldberg &
Ackerman is limited to taking "any and all actions
and execute all documents necessary to protect the
interests of the member, the beneficial owner of such
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M. Ackerman - direct - Denbeaux 48
loan, or MERS in any bankruptcy proceeding regarding
a loan registered on the MERS System," and then it
goes on from there.
Q. It does go on from there.
As I read the fourth enumerated
authority, all of the specific rights or authorities
given to the candidate seem to be exclusive to
bankruptcy procedures.
My question to you is, when you read
this or when you read this, do you understand that
this fourth authority gives authorities to act on
behalf of the member or, excuse me, to act on behalf
of MERS in the bankruptcy context or in the
bankruptcy context and other forums?
MR. NICHOLAS: Objection to form.
Q. Let me ask you this. Is the fourth
enumerated power limited to bankruptcy proceedings?
A. As you define this fourth enumerated
paragraph, it grants to a candidate who is an
employee of Zucker, Goldberg & Ackerman the authority
to "Take any and all actions and execute all
documents necessary to protect the interest of the
Member, the beneficial owner of such mortgage loan,
or MERS in any bankruptcy proceeding regarding a loan
registered on the MERS System that is shown to be
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M. Ackerman - direct - Denbeaux 49
registered to the Member, including but not limited
to (a) executing Proofs of Claim and Affidavits of
Movant under 11" --
Q. I'm going to interrupt your answer,
because if you're just going to read D-5's enumerated
fourth paragraph into the record, I'd rather you
didn't. I have no doubt you're going to read it
accurately and D-5 will be attached to the deposition
transcript, there doesn't seem to be a need for it.
But if your answer is limited to merely reading into
the record, please, let's move on.
The next page to D-5 is captioned
"Agreement for Signing Authority," at least that's
sort of the title of the document.
The next page has four signatures, one
on behalf of Zucker Goldberg, one on behalf of MERS,
one on behalf of MERSCORP., one on behalf of the
member, Wells Fargo Home Mortgage a Division of Wells
Fargo Bank, NA. Do you see that?
A. I do.
Q. I think I properly described that,
right?
A. I believe so.
Q. And the last page, the fourth page of
the document, I don't understand this page, could you
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M. Ackerman - direct - Denbeaux 50
explain what this page means?
A. The page specifically says "Zucker
Goldberg & Ackerman, LLC (for Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA," and it
gives a number of 1000113.
It further goes on to say "Mortgage
Electronic Registration Systems, Inc., Certifying
Officers (effective January 5, 2010), Michael S.
Ackerman, Joel Ackerman, Denise Carlon, Annie Cha,
and Brian Nicholas."
Q. Okay, I can read it as well, but thank
you for putting that into the record.
Are the Mortgage Electronic
Registration Systems, Inc, Certifying Officers
(effective January 5, 2010), the candidates
referenced on the first page of this document?
A. They could be.
Q. You don't know?
A. It could be.
Q. But you don't know?
A. They could be, that's my answer.
Q. Are you aware that your office produced
this document to my office?
A. I'm not aware of that.
Q. Have you ever seen this corporate
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M. Ackerman - direct - Denbeaux 51
resolution, before I showed it to you today?
A. Yes.
Q. When did you last see it?
A. Don't recall the specific date.
Q. The second and third pages appear to be
a two page "Agreement for Signing Authority," and it
appears that you signed it on behalf of Zucker
Goldberg & Ackerman as a managing partner on
March 16, 2006.
A. That's what the document reflects.
Q. Do you recall signing this document?
A. Do I recall?
Q. Signing this document?
A. I don't specifically recall signing the
document.
Q. Does this appear to be your signature?
A. That is my signature.
Q. You don't recall signing the document,
I understand that. Do you have any doubt that this
is your signature and that you did in fact sign this
document?
A. I have no doubt that is my signature.
Q. Do you have any doubt that you signed
this document?
A. If this is the entire document to which
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M. Ackerman - direct - Denbeaux 52
my signature was affixed on March 16, 2006, then I
have no problem, I have no doubt about that.
Q. Okay. I'm going to put on the record
that we received these four pages which constitutes
D-5 from Zucker, Goldberg & Ackerman LLC in this
litigation.
Now, is it your understanding that the
first page, the corporate resolution of MERS, is
associated with or supposed to be connected with this
second and third pages Agreement for Signing
Authority? In other words, are pages 1, 2, 3 and 4
all part of a single document?
A. Don't know what you mean by "document."
Q. Okay.
By the way, my "okay" doesn't mean I
accept his inability to understand the word
"document," I don't.
Do you know who William Hultman is?
A. I don't recall.
Q. Looking at page two of D-5, Agreement
for Signing Authority, the start of the document is:
"MERSCORP, INC. and its subsidiary, Mortgage
Electronic Registration Systems, Inc., Wells Fargo
Home Mortgage a Division of Wells Fargo Bank, NA and
Zucker, Goldberg & Ackerman, hereby agrees as
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M. Ackerman - direct - Denbeaux 53
follows:"
Except for not reciting the three terms
in quotes and parentheses, have I properly read the
beginning of this document into the record?
A. I believe so.
Q. First paragraph reads: "The purpose of
this agreement for signing authority is to define the
rights and obligations of the parties when Vendor
performs certain duties, as described in the attached
corporate resolution relating to mortgage loans that
are registered on the MERS System and shown on the
MERS System to be serviced by Member."
The vendor in this paragraph, if I
understand the document correctly, the vendor is your
firm, Zucker, Goldberg & Ackerman, LLC, right?
A. I agree that that's what you have
indicated.
Q. Who's the vendor?
A. In this document?
Q. In this document.
A. Zucker, Goldberg & Ackerman.
Q. And the member is Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA, correct?
A. I believe so.
Q. And it references the attached
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M. Ackerman - direct - Denbeaux 54
corporate resolution. Do you see that?
A. Yes.
Q. Is page one of D-5, is that the
corporate resolution referenced in paragraph one of
the agreement for signing authority?
A. I believe so.
Q. Now, the last section of paragraph one
says "relating to mortgage loans that are registered
on the MERS System and shown on the MERS System to be
serviced by Member."
Do you see that phrase I'm referencing?
A. I do.
Q. As you read this -- actually as you
signed this document, this agreement for signing
authority, what did you understand that phrase to
mean?
A. As I signed this?
Q. Yes.
A. I don't recall.
Q. What do you understand that phrase to
mean today?
A. I understand --
Q. You --
A. I'm sorry, go ahead.
Q. I'd like to rephrase the question to be
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M. Ackerman - direct - Denbeaux 55
a little more specific.
It says "relating to mortgage loans
that are registered on the MERS System and shown on
the MERS System to be serviced by Member."
Did you read that to be conjunctive,
meaning that this resolution related only to mortgage
loans registered on the MERS System that are also
serviced by the member or disjunctive in that this
resolution related to mortgage loans registered on
the system and also to mortgage loans registered on
the MERS System that is serviced by the member but
not necessarily otherwise registered on the MERS
System?
MR. NICHOLAS: Objection to form.
Q. And if there's a third way to interpret
that or a 15th way to interpret that, please feel
free to.
A. I interpret it as relating to mortgage
loans that are registered on the MERS System and
shown on the MERS System to be serviced by the
member.
Q. So you're not going to be able to help
me out there on figuring this out?
A. I think the delegation of authority is
specific as set forth in paragraph one of the
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M. Ackerman - direct - Denbeaux 56
agreement for signing authority.
Q. So am I correct in understanding then
that this agreement for signing authority limited the
candidate's signing authority -- let me rephrase
that.
So am I correct in understanding that
this agreement for signing authority limited the
vendor's signing authority to relate to mortgage
loans that are both registered on the MERS System and
serviced by the member?
A. I'm not sure I understand your
question.
Q. I withdraw my question.
Paragraph two --
A. Before you get to paragraph two,
possible to take a short break?
Q. Of course.
(A short recess is held.)
Q. Paragraph two says, "Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA is a
member of MERS, and has signed an agreement of
membership that is incorporated herein by reference."
Do you see that first sentence in the
second paragraph?
A. I do.
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M. Ackerman - direct - Denbeaux 57
Q. Member, which is Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, right,
that's member?
A. I agree.
Q. Member has entered into a separate
contract with the vendor, which is Zucker, Goldberg &
Ackerman, correct?
A. In this document, yes.
Q. Right. We're only talking about this
document, we're not talking a global definition of
member.
In this document, the vendor is Wells
Fargo Home Mortgage a Division of Wells Fargo Bank,
NA, and vendor is Zucker, Goldberg & Ackerman,
correct?
A. Yes.
Q. So going back to this, "Member has
entered into a separate contract with Vendor to
perform certain services for Member."
Did I read that properly?
A. Yes.
Q. And if I insert the definitions of the
terms, it would read: "Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA has entered into a
separate contract with Zucker, Goldberg & Ackerman to
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M. Ackerman - direct - Denbeaux 58
perform certain services for Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA," right?
A. Yes.
Q. Is that contract the retainer agreement
that entitled you to represent the plaintiff in this
litigation?
A. I have no idea.
MR. NICHOLAS: Objection.
Q. You don't know?
A. (Witness shakes head.)
Q. I honestly couldn't hear the answer.
A. I have no idea.
Q. That contract reference in paragraph
two is not included in D-5, correct?
A. I'm confused, I thought all of this was
D-5.
Q. D-5 is four pages.
Is the contract referenced in paragraph
two between member and vendor included in these four
pages of D-5?
A. I don't know.
Q. You don't know?
A. Don't know.
Q. Let's go back to page one. Is this
corporate resolution from MERS the contract
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M. Ackerman - direct - Denbeaux 59
referenced in paragraph two of page two?
A. Don't know.
Q. You don't know if the MERSCORP.
corporate resolution is or is not a contract between
your law firm and Wells Fargo, you don't know the
answer to that question?
A. Do I know if that is the contract that
is referred to in paragraph two of agreement for
signing authority? No, I don't know.
MR. DENBEAUX: Well, we obviously want
to see a copy of that contract. Is it your
contention that that document is privileged?
MR. NICHOLAS: We have to figure out
what the contract is first, and then we'll have to
make that determination. Put that request in
writing, we will take it under advisement.
MR. DENBEAUX: We established that the
simple existence of documents between your client and
your firm is not privileged, because you didn't
assert the privilege over the revelation that there
is a contract.
MR. NICHOLAS: Yes, the document speaks
for itself, meaning it references a separate
contract. To the extent that one exists or not, I
don't know, the witness testified that he wasn't sure
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M. Ackerman - direct - Denbeaux 60
what it was referring to, so as I sit here right now,
I don't have an answer.
MR. DENBEAUX: Okay.
Q. Paragraph four, second sentence, "All
parties agree that MERS and Mortgage Electronic
Registration Systems, Inc. are not responsible for
the accuracy of any information provided by Member to
Vendor, or any information entered into the MERS
System by or on behalf of Member."
There's no question.
Paragraph seven says, "Upon termination
of the contract between Member and Vendor, this
agreement shall concurrently terminate and the
corporate resolution shall be revoked at such time."
Do you see that paragraph?
A. I do.
Q. Is the contract between Zucker,
Goldberg & Ackerman and Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA still active?
MR. NICHOLAS: Objection to form.
A. As of this date?
Q. Yes.
A. I don't recall.
Q. Do you know whether it was active as of
the date you executed the assignment of mortgage?
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M. Ackerman - direct - Denbeaux 61
A. I believe so.
Q. Who is the signatory of MERSCORP. INC.
on the document, if you recall?
It says vice president, but it doesn't
give a name and there's no way I'm reading that
signature.
A. Neither am I.
Q. Okay. And the same question for
Mortgage Electronic Registration Systems, Inc.,
except this time they're identified as secretary
treasurer.
A. Don't know.
Q. And you are Michael S. Ackerman, right?
I know there's more than one Ackerman here, I just
want to make sure.
A. I am Michael S. Ackerman.
Q. Do you know of any other Mortgage
Electronic Registration Systems, Inc. corporate
resolutions?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: It wasn't a question
yet. Actually I understand your objection, I
withdraw the question.
Q. Is it your position that the corporate
resolution and agreement for signing authority in D-5
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M. Ackerman - direct - Denbeaux 62
gave you the authority to execute the assignment of
mortgage that is D-6?
A. As of the date I executed the
assignment of mortgage, yes.
Q. What language in D-5 do you believe
entitled you to execute the assignment of mortgage
that is D-6?
A. In D-5?
Q. Any of the four pages, not just the
first page.
A. The corporate resolution, the provision
that says "Assign the lien of any mortgage loan
registered on the MERS System that is shown to be
registered to Wells Fargo Home Mortgage a Division of
Wells Fargo Bank, NA or its designee."
Q. Okay. D-6, it indicates -- you have
that in front of you -- states "Assignment of
Mortgage, "That Mortgage Electronic Registration
Systems, Inc. as nominee for American Mortgage
Express Corp."
It continues and it goes on, and it
describes the purported assignment. But I want to
concentrate only on that first section, if I'm able
to. If you need to reference later in the document
to explain an answer, then we'll go to the full
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M. Ackerman - direct - Denbeaux 63
document. Okay?
A. Okay.
Q. All right. This says MERS as nominee
for American Mortgage Express Corp.
What portion of D-5 entitles or
entitled you to execute an assignment of mortgage on
behalf of American Mortgage Express Corp.?
MR. NICHOLAS: Objection to form.
A. "Or its designee."
Q. Okay. All right. So is it your
testimony -- by the way, what was the objection to
form? He's already answered, but I'm just curious.
MR. NICHOLAS: It's not what the
document says.
MR. DENBEAUX: We're looking at the two
documents, be more specific in your objection to
form.
MR. NICHOLAS: The question is answered
at this point, so we can move on.
Q. On D-5, the three words "or its
designee," does that phrase reference Wells Fargo
Home Mortgage a Division of Wells Fargo Bank or some
other entity?
Let me rephrase that.
"Or its designee," does that mean a
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M. Ackerman - direct - Denbeaux 64
designee of Wells Fargo Home Mortgage a Division of
Wells Fargo Bank, NA?
A. I believe it does.
Q. Why do you believe that American
Mortgage Express Corp. was, as of the date you
executed this assignment of mortgage, a designee of
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA?
MR. NICHOLAS: Objection to form,
that's not what the testimony was.
A. Can you repeat that question?
Q. Okay, I'm going to try again.
As of the date you executed this
assignment of mortgage on D-6, did you understand
that American Mortgage Express Corp. was a designee
of Wells Fargo Home Mortgage a Division of Wells
Fargo Bank, NA?
A. I'm not sure I understand the question.
Q. As of the day you executed this
assignment of mortgage, did you believe that you had
the authority to execute this assignment of mortgage
assigning the mortgage out of -- can you read my
question back, please.
(The question is read back by the court
reporter.)
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M. Ackerman - direct - Denbeaux 65
MR. DENBEAUX: I withdraw the question,
I will try again.
Q. As of the date you executed the
assignment of mortgage that is D-6, was Mortgage
Electronic Registration Systems, Inc. a nominee for
American Mortgage Express Corp.?
A. I don't recall.
Q. What steps did you take, if you took
any, to determine whether Mortgage Electronic
Registration Systems, Inc. was a nominee for American
Mortgage Express Corp., before you executed this
assignment of mortgage?
A. Our usual and customary steps at the
time.
Q. Which were what?
A. I don't recall specifically what steps
were in place as of February 11, 2010.
Q. But whatever they were, you followed
them, is your testimony?
A. Absolutely.
Q. How would we refresh your recollection
as to what those steps were, excuse me, what those
processes and procedures were to determine whether
MERS was a nominee for American Mortgage Express
Corp. as of the moment you signed the assignment of
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M. Ackerman - direct - Denbeaux 66
the mortgage?
A. Don't know.
Q. Are there any written policies or
procedures that your firm has in place to make sure
that paralegals or support staff or attorneys do the
proper background checking or the proper research to
make sure that the assignments like these are
accurate?
A. There are policies and procedures.
Q. Do you still have copies of those
policies and procedures that would be in existence as
of the date of the execution of the assignment of
mortgage?
A. I don't know.
Q. Who would know whether there are still
copies of those documents?
A. I don't know.
Q. As of the date of the execution of this
document, was American Mortgage Express Corp. a
designee of Wells Fargo Home Mortgage a Division of
Wells Fargo Bank, NA?
MR. NICHOLAS: Objection to form.
MR. DENBEAUX: What's the objection?
MR. NICHOLAS: The question is just
confusing.
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MR. DENBEAUX: It's not confusing, it
is perfectly clear.
A. I believe so.
Q. Are there any documents which might
determine whether in fact American Mortgage Express
Corp. was a designee of Wells Fargo Home Mortgage a
Division of Wells Fargo Bank, NA as of the date you
executed the assignment of mortgage?
A. I don't recall.
Q. So why do you believe that American
Mortgage Express Corp. was a designee of Wells Fargo
Home Mortgage a Division of Wells Fargo Bank, NA as
of the date you executed the assignment of mortgage?
A. Because I know our policies and
procedures work.
Q. So again can you explain to me what
those policies and procedures were that worked --
wait, hold on a second, had the policies and
procedures changed from the day you executed the
assignment of mortgage in this case until today?
A. Have they changed?
Q. Yes.
A. Yes.
Q. Do you remember what they were as of
February 11, 2010?
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M. Ackerman - direct - Denbeaux 68
A. Specifically, no.
Q. Do you know what they are today
specifically?
MR. NICHOLAS: I'm going to object,
it's privileged, it's work product.
MR. DENBEAUX: It's not privileged.
MR. NICHOLAS: Internal policies and
procedures aren't privileged?
MR. DENBEAUX: They're not privileged.
They're not attorney/client communication. They may
be protected by the work product doctrine, they're
not privileged, but I didn't ask what they were.
MR. NICHOLAS: That's exactly what you
asked.
MR. DENBEAUX: No, I did not, I said do
you know what they are today specifically. It's a
yes or no question, it does not disclose anything
work product at all. Are you instructing your client
not to answer?
MR. NICHOLAS: If he knows the answer,
he's welcome to answer a yes or no question. I'm not
going to allow him to answer specifics of policies
and procedures.
MR. DENBEAUX: I didn't ask him.
MR. NICHOLAS: If it's a yes or no
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M. Ackerman - direct - Denbeaux 69
question, I'm fine with that.
MR. DENBEAUX: I didn't ask him what
they were yet.
Q. My question is: Do you know
specifically what the policies and procedures are
today?
A. Specifically?
Q. Yes.
A. No.
Q. But you know they work?
A. Yes.
Q. How do you know that your office staff
followed your procedures and policies, whatever they
may have been, as of 11 February 2010?
A. Because we check.
Q. Did you check before you signed the
assignment of mortgage?
A. Did we check our policies and
procedures?
Q. Did you check whether you always
complied with the policies and procedures?
A. Yes.
Q. How did you do that?
A. Through a number of different means.
Q. What were they?
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M. Ackerman - direct - Denbeaux 70
A. We have specific quality control over
this area. We have an internal audit department that
validates that all people are following religiously
our policies and procedures.
Q. You did no independent research on your
own, prior to you executing this assignment of
mortgage, beyond relying upon information passed to
you by your employees to determine, before you signed
this assignment of mortgage, that American Mortgage
Express Corp. was a designee of Wells Fargo Home
Mortgage a Division of Wells Fargo Bank, NA. Is that
correct?
MR. NICHOLAS: Objection to form.
A. No, that is not correct.
Q. Other than accepting that your staff
followed the policies and procedures and presumably
told you that it was okay to sign this -- excuse me,
let me rephrase that. He already answered to that.
So if the policies work, why did the
policies and procedures change between the date of
execution of the assignment and today?
A. For various reasons.
Q. But they always worked 100 percent
perfectly before and after the changes. Is that your
testimony?
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M. Ackerman - direct - Denbeaux 71
MR. NICHOLAS: Objection to form. I
don't believe that was ever his testimony.
MR. DENBEAUX: Okay. You're right.
Q. You didn't say that, you said the
policies worked, you didn't say they worked all the
time. So you're right, I accept the objection. So
my question is: When you testified that it's your, I
guess it's opinion, or your testimony that the
policies work, did you mean that the policies worked
every single time without exception?
A. That I am aware of, yes.
Q. So in this case have you done any
independent research at any time after you executed
this assignment of mortgage on February 11, 2010, to
determine whether the policies and procedures worked
in this case?
A. In this case?
Q. Yes.
A. I don't recall.
Q. Other than for information provided to
you by your staff, which your counsel has designated
as attorney work product, is there any information
you can direct me to that indicates that as of the
date you executed this assignment of mortgage,
American Mortgage Express Corp. was a designee of
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M. Ackerman - direct - Denbeaux 72
Wells Fargo Home Mortgage a Division of Wells Fargo
Bank, NA?
A. I'm not sure I understand the question.
Could you repeat it?
MR. DENBEAUX: Read it back, please.
(The question is read back by the court
reporter.)
MR. NICHOLAS: I'm going to object to
the form. I don't think he ever said that Wells
Fargo or that American Home was ever a designee of
Wells Fargo.
MR. DENBEAUX: You're correct, he
hasn't said that. My question stands.
A. You can repeat the question again.
(The question is read back by the court
reporter.)
A. Nothing that I haven't previously
indicated.
Q. What is the other information, whether
you previously indicated it or not, referenced in
your answer?
A. Our policies and procedures.
Q. Other than the policies and procedures,
is there any other information?
A. None that I recall at this time.
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M. Ackerman - direct - Denbeaux 73
Q. Have you ever signed on behalf of your
company an agreement for signing authority with
American Mortgage Express Corporation?
A. I don't recall.
Q. Do you have a MERS corporate resolution
authorizing a list of candidates who are employees of
Zucker, Goldberg & Ackerman to be appointed as
assistant secretaries and vice presidents of MERS to
assign the lien of any mortgage loan registered on
the MERS System that is shown to be registered to
American Mortgage Express Corp. or its designee?
A. I don't recall.
Q. Going back to D-6, please.
I don't want to read the entire
document into the record, but in the third paragraph,
the one directly under the bold letters "HSBC Bank
USA, National Association," and continuing, okay, the
paragraph starting at "located at 961 Weigel Drive,"
do you see that paragraph I'm speaking of?
A. I do.
Q. It references a certain mortgage made
by Hilde B. Lezaron, a single woman, on lands, and
I'm not going to read the dollar amount or the
particular descriptions of the real property, but the
paragraph here references a mortgage and it does not
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M. Ackerman - direct - Denbeaux 74
reference a note, correct?
A. Paragraph says "which mortgage was
recorded or registered in the office of the Clerk of
Bergen County."
Q. Right, there's a note referenced
elsewhere in the document, but that paragraph is
limited to the mortgage, not the note, correct?
A. That is correct.
Q. And the second paragraph or, excuse me,
paragraph below that starts with "Together with the
Bond, Note or other Obligation therein described, and
the money due and to grow due thereon, with the
interest." You see that paragraph?
A. I do.
Q. This paragraph references the note, in
addition to the mortgage, in a number of places. I'm
reading that correctly, right?
A. You --
Q. Actually I'm not reading it correctly,
because this paragraph does not reference the
mortgage, I don't think.
A. There is a reference to the mortgage.
Q. You're right, okay.
Did your client ever come into
possession of the note?
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M. Ackerman - direct - Denbeaux 75
A. Yes.
Q. When?
A. I do not recall.
Q. How do you know your client came into
possession of the note?
A. A number of different ways.
Q. Please enumerate them.
A. Well, we asked them for the note, they
produced it, that is one.
Q. Okay.
MR. NICHOLAS: I'm going to object to
any further explanation on this question to the
extent that it goes to attorney/client
communications.
MR. DENBEAUX: Okay.
Q. Your answer, even before your attorney
objected to it, didn't identify when your client came
into possession of the note. My question is, when
did your client come into possession of the note?
A. Don't recall.
Q. I'm going to show you D-3 and D-4,
please. I'll give you the stamped copies
(indicating).
I'll give you a moment to review the
document, if you'd like, but before you review them,
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M. Ackerman - direct - Denbeaux 76
just understand that my client concedes executing
this note, and so I'm not sure the terms of the note
are going to be relevant to any of my questions. I'm
not forbidding you from reviewing the document, just
so you know where I'm going with this.
MR. NICHOLAS: Just for purposes of
timing, how much longer do you think you have?
MR. DENBEAUX: To be honest, it depends
on how many definitional problems I have.
MR. NICHOLAS: At 3:00 we have to end
it for a conference.
MR. DENBEAUX: For how long?
MR. NICHOLAS: For how long, I don't
know, so I need a couple of minutes to --
MR. DENBEAUX: Stop at 2:45, hopefully
for good and possibly not.
MR. NICHOLAS: I just want to give you
a heads-up.
MR. DENBEAUX: I appreciate it.
(A short recess is held.)
MR. DENBEAUX: We're back on.
Q. Giving you exhibits D-3 and D-4, which
are both copies of the note in this litigation, and I
don't recall which, I guess it was both produced by
your office, though I'm not positive about that.
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M. Ackerman - direct - Denbeaux 77
Okay, I'm positive they were produced
by your office.
D-4 has, if you look at the final page
of the note, I'm going to represent, unless I'm
totally wrong here and I'm not, I'm going to
represent that these are the same note, the same
address, and that my client signed both of them.
Things we've already conceded in the litigation.
But D-4 has one endorsement, and D-3 I
think has two.
Before I go further, I want to make
sure we're in agreement on my description of D-3 and
D-4 being identical but for the difference in the
endorsements.
A. That is correct, D-3 apparently has two
endorsements and D-4 has one.
Q. Let's start with D-4. Do you know when
this endorsement was placed on this note?
A. I do not.
Q. The endorsement says "Pay to the order
without recourse to Wells Fargo Bank," and it's
signed by Vickie Sanchez, assistant vice president
for American Service Corp., correct?
A. No.
Q. No, okay. Then I must have misread
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M. Ackerman - direct - Denbeaux 78
this. Can you explain this endorsement to me then?
A. It says, "Pay to the order of without
recourse to Wells Fargo Bank, NA, American Mortgage
Express Corp.," signed by Vickie Sanchez, assistant
vice president.
Q. Let's do it this way. Who is the
endorsing entity for the single endorsement on D-4?
MR. NICHOLAS: I'm going to object to
this whole line of questioning. This is outside the
scope of why this witness is being called.
MR. DENBEAUX: Here's the point, and
you can determine, after I explain this to you,
whether you are going to maintain the objection or
we're going to get into a giant fight over it. All
right, here it is.
We have on February 11, 2010, an
assignment of mortgage by MERS as nominee for
American Mortgage Express Corp., and we have two
notes, one note is endorsed by American Mortgage
Express Corp. to Wells Fargo Bank, NA, and the next
is endorsed twice, once by American Mortgage Express
Corp. to Wells Fargo Bank, NA, and then, as I read
it, a second time by Wells Fargo Bank, NA as a bearer
instrument, it's blank.
I want to know the dates of these
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M. Ackerman - direct - Denbeaux 79
endorsements, if the witness knows them, and I want
to know why, if the dates don't work for the
assignment of mortgage, why the assignment of
mortgage is executed by MERS as nominee for American
Mortgage Express Corp. So I'm going back to my
questions.
MR. NICHOLAS: I keep my same
objection, that that's not what this witness has been
called for, that that's outside the dep notice and
it's not appropriate. You guys just had the
deposition of the Wells Fargo employee, these were
questions you could have asked him at that point.
MR. DENBEAUX: I can't ask a Wells
Fargo employee about an assignment of mortgage
executed by the current witness.
MR. NICHOLAS: You're not asking about
the assignment of mortgage, you're asking questions
about the endorsements on the note.
Q. Who was the owner of the note as of the
date that you signed the assignment of mortgage?
A. Who is the owner?
Q. Who was the holder of the note -- no,
rephrase that, to be completely accurate. Who was
the possessor of the note on the date that you
executed the assignment of mortgage?
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M. Ackerman - direct - Denbeaux 80
A. I'm not sure what you mean by
"possessor."
Q. You don't know what "possessor" means?
What entity or person was in physical
possession of the original note as of the date you
executed the assignment of mortgage?
A. What entity?
Q. Or person was in physical possession of
the original note?
A. Don't know.
Q. What entity or person instructed
Zucker, Goldberg & Ackerman to file the complaint for
foreclosure in this case?
MR. NICHOLAS: Objection, privileged.
Q. Did HSBC Bank USA instruct you to file
the complaint in this case, you being Zucker,
Goldberg & Ackerman?
A. No.
Q. Did Wells Fargo Asset Securities
Corporation direct you to file the complaint in this
action?
A. No.
Q. Did Wells Fargo Asset Securities --
MR. NICHOLAS: I'm going to object to
this line of questioning, because you're basically
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M. Ackerman - direct - Denbeaux 81
trying to do an end around my previous objection.
MR. DENBEAUX: Which is nonsensical.
We have a complaint being filed. I'm entitled to
determine whether the party filing it had the
authority to file it. It says "Zucker, Goldberg &
Ackerman LLC" at the top of this complaint. I want
to know whether Zucker, Goldberg & Ackerman LLC had
the authority to file this complaint in the first
instance, and I'm entitled to know which lender, if
any, directed this complaint to be filed.
Is it your position I'm not entitled to
that information?
MR. NICHOLAS: I'm saying you're not
entitled to ask about communications between an
attorney and a client.
MR. DENBEAUX: I want to know which
entity directed this complaint to be filed against
Hilde Lezaron. Is that question privileged?
MR. NICHOLAS: To the extent you're
asking about communications between an attorney and a
client, yes.
MR. DENBEAUX: Is the answer to that
question a communication between an attorney and a
client?
MR. NICHOLAS: I don't understand.
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M. Ackerman - direct - Denbeaux 82
MR. DENBEAUX: Then don't object to the
question, if you don't understand the answer.
MR. NICHOLAS: No, I didn't understand
the back and forth.
MR. DENBEAUX: The question is: What
entity directed Zucker, Goldberg & Ackerman to file
the complaint for foreclosure in this case.
You're saying that that is
objectionable as attorney/client privilege, correct?
MR. NICHOLAS: Correct.
MR. DENBEAUX: So your position then
is, it is a client of Zucker, Goldberg & Ackerman
that directed you, the firm, to file the complaint,
correct?
MR. NICHOLAS: I'm not saying anything,
I'm saying that the question you've asked potentially
results in an answer that's protected by
attorney/client privilege.
MR. DENBEAUX: Is the answer protected
by the attorney/client privilege?
MR. NICHOLAS: You're not even
authorized to elicit questions that go into the realm
of attorney/client privilege.
MR. DENBEAUX: What?
MR. NICHOLAS: You cannot ask questions
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M. Ackerman - direct - Denbeaux 83
that are protected by attorney/client privilege. You
can't solicit information about communications
between attorneys and clients.
MR. DENBEAUX: You fundamentally
misunderstand the concept of the privilege. I'm
going to ask one more time.
Q. What entity instructed Zucker, Goldberg
& Ackerman to file the complaint in foreclosure
against Hilde Lezaron?
MR. NICHOLAS: And I'm going to direct
the client not to answer.
MR. DENBEAUX: Okay.
Q. What entity directed, requested or
petitioned Zucker, Goldberg & Ackerman to execute an
assignment of mortgage in this litigation?
MR. NICHOLAS: I'm going to object to
the form of that question.
MR. DENBEAUX: Why?
MR. NICHOLAS: Don't know what you
mean.
MR. DENBEAUX: You don't know what I
mean?
MR. NICHOLAS: Correct.
Q. I'm going to ask the question one last
time.
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M. Ackerman - direct - Denbeaux 84
What entity instructed that an
assignment of mortgage be filed in this case?
MR. NICHOLAS: Note the same objection.
Q. I'm still waiting for the answer.
A. Wells Fargo Home Mortgage.
Q. Wells Fargo Home Mortgage, is that the
entity that also instructed this complaint be filed?
MR. NICHOLAS: Objection, privileged.
Q. Are you standing by your counsel's
determination that that is privileged?
A. Yes.
MR. DENBEAUX: I can't complete this
deposition without addressing what I think are
frivolous and improper objections based on privilege.
So the deposition is not over, we have to contact the
court on this issue. I'm going to do that by motion,
and the court will decide whether we're over or not,
but I do not close this deposition.
MR. NICHOLAS: Well, just for purposes
of the record, then you need to put the points that
you are seeking the assistance of the court on the
record and, you know, ask the rest of your questions
to the extent that they're not governed by the
privilege to which you dispute.
MR. DENBEAUX: My questions were not
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M. Ackerman - direct - Denbeaux 85
governed by the privilege in the first instant. So I
know I can't continue this deposition, going into the
areas to which I'm entitled, under the current claim
of privilege and instruct you not to answer. Now,
either you're right or I'm right, we're going to get
a decision and I almost certainly am going to be back
here.
Thank you. It was nice to meet you.
Please indicate D-2 was marked but not
referenced.
(Time noted: 2:20 p.m.)
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86
C E R T I F I C A T E
I, KIM O. FURBACHER, License No. XIO1042, a
Certified Court Reporter, Registered Professional
Reporter, Certified Realtime Court Reporter and
Notary Public of the State of New Jersey, certify
that the foregoing is a true and accurate transcript
of the deposition of MICHAEL S. ACKERMAN, ESQ., who
was first duly sworn by me at the place and on the
date hereinbefore set forth.
I further certify that I am neither attorney
nor counsel for, nor related to or employed by any of
the parties to the action in which this deposition is
taken, and further that I am not a relative or
employee of any attorney or counsel employed in this
case, nor am I financially interested in this action.
My Commission Expires:7/11/14
A Notary Public of theState of New JerseyLicense No. XIO1042
007092 [1] - 4:23
07092-0024 [1] - 2:6
07675 [3] - 1:24, 2:11,
2:24
11 [2] - 3:21, 52:11
100 [1] - 70:23
1000113 [1] - 50:5
1024 [1] - 2:6
11 [7] - 16:11, 49:3,
65:17, 67:25, 69:14,
71:14, 78:16
11:27 [1] - 1:21
15th [1] - 55:16
16 [2] - 51:9, 52:1
22 [1] - 52:11
2/11/2010 [3] - 3:22,
14:23, 43:19
200 [3] - 1:19, 2:5,
4:22
2006 [2] - 51:9, 52:1
2007-PA6 [5] - 1:5,
8:12, 9:13, 11:16,
15:3
201-664-8855 [1] -
2:12
201-666-4888 [2] -
1:25, 2:25
201-666-6944 [2] -
1:25, 2:25
2010 [9] - 8:20, 16:11,
50:8, 50:15, 65:17,
67:25, 69:14, 71:14,
78:16
2011 [1] - 1:20
23 [1] - 3:10
253 [1] - 2:7
29 [1] - 3:12
2:20 [1] - 85:11
2:45 [1] - 76:15
33 [1] - 52:11
301 [3] - 1:19, 2:5,
4:23
366 [1] - 2:11
381 [2] - 1:24, 2:24
3:00 [1] - 76:10
44 [10] - 3:4, 3:11, 3:14,
3:16, 3:16, 3:18,
3:18, 3:20, 52:11
4/5/2010 [2] - 3:11, 4:2
43 [1] - 3:22
4a [1] - 14:20
55 [3] - 8:20, 50:8,
50:15
77/11/14 [1] - 86:22
7/27/2007 [4] - 3:16,
3:18, 4:11, 4:15
88 [1] - 1:20
9908-233-8500 [1] - 2:7
961 [1] - 73:18
Aa.m [1] - 1:21
abandon [1] - 16:6
able [2] - 55:22, 62:23
absolutely [6] - 12:3,
12:6, 16:3, 21:20,
23:6, 65:20
accept [7] - 8:17,
13:12, 13:17, 16:7,
26:10, 52:16, 71:6
accepting [3] - 36:24,
37:1, 70:15
according [1] - 7:9
accuracy [1] - 60:7
accurate [3] - 66:8,
79:23, 86:8
accurately [2] - 8:6,
49:8
Ackerman [45] - 4:22,
5:1, 17:4, 17:22,
18:2, 18:23, 19:3,
19:9, 23:13, 23:20,
27:12, 28:5, 28:13,
38:6, 44:8, 45:5,
45:10, 46:8, 46:21,
47:23, 48:20, 50:3,
50:9, 51:8, 52:5,
52:25, 53:15, 53:21,
57:7, 57:14, 57:25,
60:18, 61:13, 61:14,
61:16, 73:7, 80:12,
80:17, 81:6, 81:7,
82:6, 82:12, 83:8,
83:14
ACKERMAN [5] - 1:6,
1:19, 2:4, 3:3, 86:9
Ackerman's [1] - 5:11
act [3] - 22:9, 48:11,
48:12
action [3] - 80:21,
86:14, 86:17
actions [5] - 40:16,
45:1, 47:14, 47:23,
48:21
active [2] - 60:19,
60:24
ADAM [1] - 2:10
addition [2] - 28:1,
74:16
address [1] - 77:7
addressed [1] - 8:21
addressing [1] - 84:13
adjustable [2] - 4:10,
4:14
Adjustable [2] - 3:15,
3:17
advice [1] - 37:1
advisement [1] -
59:16
affidavits [2] - 4:6,
49:2
Affidavits [1] - 3:13
affixed [1] - 52:1
agent [6] - 9:19, 9:20,
9:23, 10:7, 10:11,
11:8
ago [1] - 39:12
agree [11] - 5:10, 5:14,
8:15, 10:16, 14:2,
14:10, 19:13, 31:22,
53:16, 57:4, 60:5
agreed [1] - 19:12
agreement [30] - 5:6,
11:22, 12:2, 12:5,
12:8, 12:17, 12:18,
13:6, 14:2, 14:4,
14:6, 14:13, 17:1,
49:13, 51:6, 52:10,
52:20, 53:7, 54:5,
54:14, 56:1, 56:3,
56:7, 56:21, 58:4,
59:8, 60:13, 61:25,
73:2, 77:12
agrees [1] - 52:25
ahead [1] - 54:24
al [1] - 1:9
allow [2] - 37:9, 68:22
almost [1] - 85:6
amending [1] - 36:19
American [24] - 14:24,
16:9, 62:19, 63:4,
63:7, 64:4, 64:15,
65:6, 65:10, 65:24,
66:19, 67:5, 67:10,
70:9, 71:25, 72:10,
73:3, 73:11, 77:23,
78:3, 78:18, 78:19,
78:21, 79:4
amount [1] - 73:23
Annie [1] - 50:9
answer [41] - 6:14,
6:20, 7:5, 13:14,
17:14, 20:10, 25:8,
29:15, 29:17, 32:16,
34:8, 34:25, 35:6,
36:22, 37:2, 37:7,
37:12, 39:9, 39:21,
42:4, 42:6, 49:4,
49:10, 50:21, 58:11,
59:6, 60:2, 62:25,
68:19, 68:20, 68:21,
68:22, 72:21, 75:16,
81:22, 82:2, 82:17,
82:19, 83:11, 84:4,
85:4
answered [4] - 20:7,
63:12, 63:18, 70:18
appear [3] - 19:8,
51:5, 51:16
applies [1] - 23:16
appointed [3] - 44:8,
45:5, 73:7
appreciate [1] - 76:19
appropriate [3] - 36:6,
38:24, 79:10
April [1] - 8:20
area [1] - 70:2
areas [1] - 85:3
assert [1] - 59:20
asserted [1] - 27:4
assertion [3] - 12:23,
13:18, 13:19
Asset [12] - 1:4, 6:11,
6:17, 7:2, 7:25, 8:10,
9:11, 9:12, 11:9,
11:14, 11:15, 80:19
asset [9] - 1:5, 6:7,
8:11, 11:18, 11:20,
15:1, 15:2, 80:23
Asset-Backed [2] -
9:12, 11:15
asset-backed [3] -
1:5, 8:11, 15:2
Assign [1] - 62:12
assign [10] - 18:20,
18:23, 18:24, 19:4,
43:12, 45:12, 45:20,
46:1, 46:8, 73:9
assigned [1] - 19:22
assigning [1] - 64:22
assignment [68] -
5:12, 5:23, 14:22,
16:8, 20:3, 20:16,
20:24, 22:17, 22:25,
24:1, 24:7, 24:16,
25:11, 26:4, 27:18,
28:15, 28:22, 30:3,
30:11, 32:12, 34:23,
1
36:7, 38:16, 41:4,
41:12, 41:18, 42:13,
42:18, 42:23, 43:4,
43:7, 43:11, 43:13,
43:18, 60:25, 62:1,
62:4, 62:6, 62:17,
62:22, 63:6, 64:6,
64:14, 64:20, 64:21,
65:4, 65:12, 65:25,
66:12, 67:8, 67:13,
67:20, 69:17, 70:6,
70:9, 70:21, 71:14,
71:24, 78:17, 79:3,
79:14, 79:17, 79:20,
79:25, 80:6, 83:15,
84:2
Assignment [1] - 3:21
assignments [1] -
66:7
assignor [1] - 34:23
assist [2] - 22:14,
22:22
assistance [1] - 84:21
assistant [5] - 44:9,
45:5, 73:8, 77:22,
78:4
associated [1] - 52:9
Association [5] - 1:3,
9:10, 11:4, 11:14,
73:17
association [1] -
14:25
assure [1] - 39:24
attached [6] - 44:7,
44:15, 44:20, 49:8,
53:9, 53:25
attachments [1] - 9:7
attention [2] - 13:16,
14:14
attorney [9] - 26:13,
37:24, 71:22, 75:16,
81:15, 81:20, 81:23,
86:12, 86:16
attorney/client [15] -
13:18, 13:20, 26:12,
26:17, 27:1, 27:5,
36:22, 36:25, 68:10,
75:13, 82:9, 82:18,
82:20, 82:23, 83:1
attorneys [2] - 66:5,
83:3
audit [1] - 70:2
August [1] - 1:20
authenticating [1] -
15:25
authorities [2] - 48:6,
48:11
authority [34] - 12:22,
17:1, 18:3, 41:3,
41:12, 41:18, 42:12,
43:3, 46:13, 47:1,
47:14, 48:6, 48:11,
48:20, 49:13, 51:6,
52:11, 52:21, 53:7,
54:5, 54:15, 55:24,
56:1, 56:3, 56:4,
56:7, 56:8, 59:9,
61:25, 62:1, 64:21,
73:2, 81:5, 81:8
authorization [1] -
46:13
authorize [3] - 45:18,
45:25, 46:18
authorized [6] - 44:11,
44:21, 44:25, 45:8,
46:21, 82:22
authorizes [2] - 45:20,
46:7
authorizing [1] - 73:6
awaiting [1] - 16:15
aware [3] - 50:22,
50:24, 71:11
Bbacked [2] - 8:11, 15:2
Backed [3] - 1:5, 9:12,
11:15
background [1] - 66:6
bank [5] - 45:15, 57:2,
63:22, 67:12, 77:21
Bank [55] - 1:3, 6:6,
9:10, 10:23, 11:1,
11:4, 11:10, 11:11,
11:12, 11:13, 14:25,
17:4, 19:7, 23:25,
24:6, 24:15, 25:11,
26:3, 27:21, 30:14,
31:11, 32:11, 34:1,
34:17, 35:25, 36:10,
45:23, 46:3, 46:11,
46:16, 46:24, 47:11,
49:19, 50:4, 52:24,
53:23, 56:20, 57:13,
57:24, 58:2, 60:19,
62:15, 64:2, 64:8,
64:17, 66:21, 67:7,
70:11, 72:2, 73:16,
78:3, 78:20, 78:22,
78:23, 80:15
bankruptcy [8] -
47:17, 47:20, 48:1,
48:8, 48:13, 48:14,
48:17, 48:24
Banks [1] - 16:10
BARRY [2] - 1:23,
2:23
based [1] - 84:14
basic [1] - 6:21
basis [2] - 5:15, 12:23
Bate [1] - 5:21
bearer [1] - 78:23
beginning [1] - 53:4
behalf [14] - 18:4,
44:22, 45:1, 45:19,
48:12, 49:16, 49:17,
51:7, 60:9, 63:7,
73:1
belief [1] - 25:8
below [2] - 44:1, 74:10
beneficial [3] - 47:16,
47:25, 48:23
BERGEN [1] - 1:1
Bergen [1] - 74:4
best [1] - 19:18
better [1] - 9:15
between [17] - 7:24,
8:9, 9:16, 17:1, 25:6,
42:4, 42:8, 58:19,
59:4, 59:18, 60:12,
60:17, 70:20, 81:14,
81:20, 81:23, 83:3
beyond [1] - 70:7
blank [1] - 78:24
bnicholas@
zuckergoldberg.
com [1] - 2:7
bold [2] - 43:24, 73:16
bond [1] - 74:11
Box [1] - 2:6
break [3] - 6:4, 23:9,
56:16
Brian [1] - 50:10
BRIAN [1] - 2:4
BROADWAY [2] -
1:24, 2:24
business [33] - 25:19,
25:25, 27:7, 27:8,
27:17, 28:3, 28:6,
28:12, 29:20, 29:23,
31:18, 32:19, 32:25,
33:1, 33:5, 34:21,
35:3, 35:7, 35:19,
36:3, 37:18, 38:2,
38:9, 38:15, 39:11,
39:15, 41:1, 41:10,
41:16, 42:11, 42:16,
42:21, 43:2
BY [4] - 2:4, 2:10,
4:25, 10:3
Cc/o [1] - 4:21
candidate [9] - 45:18,
45:20, 46:1, 46:7,
46:19, 46:20, 47:22,
48:7, 48:19
candidate's [1] - 56:4
candidates [6] - 44:7,
44:15, 44:20, 45:4,
50:15, 73:6
cannot [1] - 82:25
capacity [1] - 18:21
capitalized [1] - 43:24
caption [2] - 7:21,
43:23
captioned [1] - 49:12
Carlon [1] - 50:9
case [30] - 5:2, 6:6,
6:23, 9:22, 10:8,
10:18, 10:21, 11:9,
11:11, 11:23, 26:5,
26:22, 27:3, 28:22,
38:16, 41:4, 41:13,
41:19, 42:18, 43:4,
43:8, 67:20, 71:12,
71:16, 71:17, 80:13,
80:16, 82:7, 84:2,
86:17
caused [1] - 32:8
certain [9] - 18:14,
19:2, 44:21, 44:25,
45:4, 53:9, 57:19,
58:1, 73:21
certainly [2] - 27:3,
85:6
certificates [2] - 8:12,
15:3
Certificates [3] - 1:5,
9:12, 11:16
CERTIFIED [2] - 1:23,
2:23
Certified [4] - 1:14,
1:16, 86:5, 86:6
certify [2] - 86:7,
86:12
Certifying [2] - 50:7,
50:14
Cha [1] - 50:9
CHANCERY [1] - 1:1
change [1] - 70:20
changed [3] - 39:23,
67:19, 67:21
changes [1] - 70:24
changing [1] - 39:24
check [9] - 30:10,
30:15, 30:18, 33:7,
33:15, 69:15, 69:16,
69:18, 69:20
checked [7] - 6:1,
31:2, 31:7, 31:21,
31:25, 32:4, 33:10
checking [1] - 66:6
choosing [1] - 13:12
CICCARELLI [3] - 2:5,
5:20, 5:25
claim [2] - 49:2, 85:3
clarified [1] - 6:22
clear [5] - 10:15,
13:17, 13:19, 36:21,
67:2
clerk [1] - 74:3
client [40] - 6:8, 6:15,
6:23, 7:3, 7:8, 7:9,
7:14, 7:25, 8:10,
8:21, 8:23, 9:17,
9:19, 9:20, 10:7,
10:18, 10:22, 11:1,
11:5, 15:20, 26:13,
27:13, 28:17, 29:4,
37:10, 37:16, 37:24,
59:18, 68:18, 74:24,
75:4, 75:17, 75:19,
76:1, 77:7, 81:15,
81:21, 81:24, 82:12,
83:11
clients [6] - 26:10,
26:22, 27:8, 27:9,
27:15, 83:3
close [4] - 26:7, 26:16,
27:1, 84:18
Coldwell's [1] - 36:17
commencing [1] -
1:21
Commission [1] -
86:22
communication [5] -
22:21, 23:4, 23:7,
68:10, 81:23
communications [5] -
37:23, 75:14, 81:14,
81:20, 83:2
company [3] - 6:10,
6:18, 73:2
compensation [1] -
14:7
complaint [26] - 7:22,
8:2, 8:5, 8:7, 8:13,
8:22, 9:8, 9:9, 9:18,
14:15, 15:10, 15:18,
15:25, 16:1, 80:12,
80:16, 80:20, 81:3,
81:6, 81:8, 81:10,
81:17, 82:7, 82:13,
83:8, 84:7
complete [1] - 84:12
completely [1] - 79:23
complied [1] - 69:21
complies [1] - 9:4
conceded [1] - 77:8
concedes [1] - 76:1
concentrate [1] -
62:23
concept [1] - 83:5
conclude [1] - 26:1
concurrently [1] -
60:13
conference [1] - 76:11
confused [1] - 58:15
confusing [2] - 66:25,
2
67:1
confusion [4] - 21:15,
23:2, 25:3, 40:1
conjunctive [1] - 55:5
connected [1] - 52:9
consists [1] - 16:22
constitutes [1] - 52:4
contact [1] - 84:15
contained [2] - 14:15,
38:11
contains [1] - 12:17
content [1] - 17:6
contention [1] - 59:12
context [3] - 47:20,
48:13, 48:14
continue [1] - 85:2
continues [2] - 47:18,
62:21
continuing [1] - 73:17
contract [15] - 57:6,
57:18, 57:25, 58:4,
58:13, 58:18, 58:25,
59:4, 59:7, 59:11,
59:14, 59:21, 59:24,
60:12, 60:17
control [1] - 70:1
convenience [2] -
39:23, 39:25
convoluted [1] - 10:15
copies [5] - 8:25,
66:10, 66:16, 75:22,
76:23
copy [7] - 8:23, 12:7,
14:1, 14:4, 14:5,
16:18, 59:11
Corp [23] - 14:25,
16:10, 17:2, 62:20,
63:4, 63:7, 64:5,
64:15, 65:6, 65:11,
65:25, 66:19, 67:6,
67:11, 70:10, 71:25,
73:11, 77:23, 78:4,
78:18, 78:20, 78:22,
79:5
Corporate [1] - 3:20
corporate [21] - 4:19,
17:19, 17:21, 18:1,
18:6, 18:22, 19:10,
44:1, 46:6, 50:25,
52:8, 53:10, 54:1,
54:4, 58:25, 59:4,
60:14, 61:18, 61:24,
62:11, 73:5
corporation [1] - 15:2
Corporation [12] - 1:4,
6:12, 6:17, 7:3, 8:1,
8:11, 9:11, 11:9,
11:15, 16:24, 73:3,
80:20
correct [45] - 9:23,
10:8, 10:19, 10:20,
11:3, 11:17, 11:19,
12:20, 13:11, 13:15,
15:12, 15:15, 15:21,
17:5, 17:13, 23:13,
24:11, 31:14, 31:20,
32:5, 32:13, 33:12,
37:6, 44:15, 44:18,
44:22, 45:2, 53:23,
56:2, 56:6, 57:7,
57:15, 58:14, 70:12,
70:14, 72:12, 74:1,
74:7, 74:8, 77:15,
77:23, 82:9, 82:10,
82:14, 83:23
correctly [6] - 15:6,
15:9, 40:13, 53:14,
74:17, 74:19
counsel [4] - 8:19,
71:21, 86:13, 86:16
Counsel [2] - 2:8, 2:13
counsel's [4] - 13:13,
36:24, 37:1, 84:9
County [1] - 74:4
COUNTY [1] - 1:1
couple [1] - 76:14
course [4] - 12:14,
18:15, 23:22, 56:17
COURT [3] - 1:1, 1:23,
2:23
court [11] - 13:3,
15:20, 25:15, 36:13,
38:25, 64:24, 72:6,
72:15, 84:16, 84:17,
84:21
Court [4] - 1:15, 1:16,
86:5, 86:6
cover [5] - 3:10, 3:13,
4:1, 4:5, 4:17
curiosity [1] - 21:1
curious [1] - 63:12
current [2] - 79:15,
85:3
customary [1] - 65:13
DD-1 [6] - 3:10, 4:3,
8:19, 9:6, 14:15,
15:19
D-2 [3] - 3:12, 4:8,
85:9
D-3 [7] - 3:15, 4:11,
75:21, 76:22, 77:9,
77:12, 77:15
D-4 [10] - 3:17, 4:15,
75:21, 76:22, 77:3,
77:9, 77:13, 77:16,
77:17, 78:7
D-5 [23] - 3:19, 4:20,
16:18, 16:20, 16:22,
17:16, 17:18, 43:23,
44:4, 49:8, 49:12,
52:5, 52:20, 54:3,
58:14, 58:16, 58:17,
58:20, 61:25, 62:5,
62:8, 63:5, 63:20
D-5's [1] - 49:5
D-6 [11] - 3:21, 43:17,
43:19, 43:21, 43:22,
62:2, 62:7, 62:16,
64:14, 65:4, 73:13
date [34] - 19:21,
19:25, 20:3, 20:15,
20:23, 22:16, 22:24,
24:16, 25:11, 26:4,
27:17, 28:14, 30:2,
30:7, 32:12, 36:6,
40:10, 51:4, 60:21,
60:25, 62:3, 64:5,
64:13, 65:3, 66:12,
66:18, 67:7, 67:13,
70:20, 71:24, 79:20,
79:24, 80:5, 86:11
dated [11] - 3:10, 3:16,
3:18, 3:22, 4:2, 4:10,
4:14, 8:20, 14:22,
16:10, 43:18
dates [2] - 78:25, 79:2
dealing [1] - 25:4
decide [2] - 43:3,
84:17
deciding [5] - 38:15,
41:3, 41:11, 41:17,
42:12
decision [2] - 42:22,
85:6
deemed [1] - 37:11
Defendants [2] - 1:10,
2:13
define [11] - 21:21,
21:25, 22:6, 22:7,
34:10, 40:20, 40:21,
40:22, 40:24, 48:18,
53:7
defined [2] - 37:2,
39:22
defining [3] - 24:24,
29:12, 29:14
definition [5] - 22:5,
22:12, 22:18, 37:4,
57:10
definitional [1] - 76:9
definitions [1] - 57:22
delegation [1] - 55:24
demands [1] - 18:15
DENBEAUX [89] - 2:9,
2:10, 4:25, 5:15,
5:19, 6:3, 8:4, 8:8,
9:2, 9:5, 9:25, 10:3,
12:1, 12:4, 12:7,
12:15, 12:21, 13:1,
13:9, 13:25, 15:24,
16:4, 17:8, 17:11,
21:1, 21:5, 21:9,
23:8, 23:11, 25:14,
26:9, 26:18, 27:23,
28:23, 29:2, 33:21,
33:24, 34:4, 34:7,
36:18, 37:14, 37:17,
37:21, 38:1, 38:18,
38:23, 39:4, 41:23,
43:1, 43:16, 59:10,
59:17, 60:3, 61:21,
63:15, 65:1, 66:23,
67:1, 68:6, 68:9,
68:15, 68:24, 69:2,
71:3, 72:5, 72:12,
75:15, 76:8, 76:12,
76:15, 76:19, 76:21,
78:11, 79:13, 81:2,
81:16, 81:22, 82:1,
82:5, 82:11, 82:19,
82:24, 83:4, 83:12,
83:18, 83:21, 84:12,
84:25
Denbeaux [2] - 3:4,
5:1
Denise [1] - 50:9
dep [1] - 79:9
department [1] - 70:2
DEPOSITION [1] - 1:3
deposition [15] - 5:4,
5:7, 5:10, 13:4,
15:23, 16:2, 40:16,
49:8, 79:11, 84:13,
84:15, 84:18, 85:2,
86:9, 86:14
described [5] - 19:14,
28:19, 49:21, 53:9,
74:11
describes [1] - 62:22
description [3] - 14:6,
45:12, 77:12
DESCRIPTION [1] -
3:9
descriptions [1] -
73:24
designated [3] - 7:15,
9:10, 71:21
designee [21] - 19:7,
45:16, 45:24, 46:4,
46:11, 46:17, 46:25,
62:15, 63:9, 63:21,
63:25, 64:1, 64:6,
64:15, 66:20, 67:6,
67:11, 70:10, 71:25,
72:10, 73:11
determination [2] -
59:15, 84:10
determine [10] -
30:12, 41:23, 42:17,
65:9, 65:23, 67:5,
70:8, 71:15, 78:12,
81:4
DEUTSCH [4] - 2:10,
5:22, 6:5, 16:13
difference [2] - 42:8,
77:13
different [5] - 8:25,
9:1, 19:9, 69:24,
75:6
difficult [1] - 18:17
difficulty [2] - 24:24,
40:3
direct [3] - 71:23,
80:20, 83:10
Direct [1] - 3:4
DIRECT [1] - 4:25
directed [5] - 81:10,
81:17, 82:6, 82:13,
83:13
directing [3] - 13:16,
14:14, 36:21
directly [1] - 73:16
disclose [1] - 68:17
disclosing [1] - 38:10
discovery [9] - 5:23,
12:8, 12:11, 13:23,
14:1, 14:9, 18:14,
28:17, 28:22
discussion [1] - 16:14
disjunctive [1] - 55:8
dispute [1] - 84:24
distinction [2] - 25:6,
42:3
DIVISION [1] - 1:1
Division [32] - 26:3,
27:21, 30:13, 31:10,
32:11, 34:1, 34:16,
35:24, 36:10, 45:23,
46:3, 46:11, 46:16,
46:24, 47:10, 49:18,
50:4, 52:24, 53:23,
56:20, 57:13, 57:24,
58:2, 60:19, 62:14,
64:1, 64:7, 64:16,
66:20, 67:7, 70:11,
72:1
division [10] - 17:3,
19:7, 23:25, 24:5,
24:15, 25:10, 45:15,
57:2, 63:22, 67:12
docket [2] - 3:14, 4:7
DOCKET [1] - 1:2
doctrine [1] - 68:11
document [65] - 3:10,
3:13, 4:2, 4:6, 4:9,
4:13, 4:18, 14:8,
15:10, 15:15, 15:17,
15:18, 16:15, 16:25,
3
18:7, 18:12, 19:2,
19:15, 21:18, 21:21,
22:13, 24:10, 24:25,
29:12, 37:5, 37:15,
40:21, 44:3, 44:21,
45:3, 49:14, 49:25,
50:16, 50:23, 51:10,
51:11, 51:13, 51:15,
51:18, 51:21, 51:24,
51:25, 52:12, 52:13,
52:17, 52:21, 53:4,
53:14, 53:19, 53:20,
54:14, 57:8, 57:10,
57:12, 59:12, 59:22,
61:3, 62:24, 63:1,
63:14, 66:19, 73:15,
74:6, 75:25, 76:4
documentation [1] -
36:23
documents [31] -
3:10, 3:12, 4:1, 4:5,
4:17, 16:23, 18:4,
20:20, 21:6, 21:11,
24:3, 28:18, 28:24,
29:4, 29:5, 29:8,
36:17, 37:6, 37:9,
37:21, 38:7, 38:8,
38:12, 47:2, 47:15,
47:24, 48:22, 59:18,
63:16, 66:16, 67:4
dollar [1] - 73:23
done [1] - 71:12
doubt [6] - 16:5, 49:7,
51:19, 51:22, 51:23,
52:2
drive [1] - 73:18
due [3] - 12:14, 74:12
duly [2] - 4:24, 86:10
during [3] - 6:4, 18:15,
40:22
duties [1] - 53:9
Eeffective [2] - 50:8,
50:15
either [2] - 26:19, 85:5
Electronic [16] - 3:19,
14:23, 17:2, 17:20,
18:4, 28:9, 44:10,
45:6, 50:13, 52:23,
60:5, 61:9, 61:18,
62:18, 65:5, 65:9
electronic [8] - 4:18,
16:23, 22:21, 23:4,
23:7, 25:7, 43:25,
50:7
electronically [1] -
22:2
elicit [1] - 82:22
elsewhere [1] - 74:6
employed [6] - 31:24,
45:4, 46:7, 47:22,
86:13, 86:16
employee [10] - 23:13,
23:14, 23:15, 30:25,
34:13, 46:20, 48:20,
79:11, 79:14, 86:16
employee(s [1] - 44:7
employees [3] - 45:9,
70:8, 73:6
enclosing [1] - 8:22
end [2] - 76:10, 81:1
endorsed [2] - 78:19,
78:21
endorsement [5] -
77:9, 77:18, 77:20,
78:1, 78:7
endorsements [4] -
77:14, 77:16, 79:1,
79:18
endorsing [1] - 78:7
entered [4] - 57:5,
57:18, 57:24, 60:8
entire [2] - 51:25,
73:14
entities [16] - 25:20,
25:25, 26:20, 26:21,
27:6, 27:9, 27:14,
27:16, 27:25, 28:4,
28:6, 28:10, 28:18,
29:21
entitled [13] - 1:13,
4:6, 4:9, 4:13, 4:18,
58:5, 62:6, 63:6,
81:3, 81:9, 81:11,
81:14, 85:3
entitles [1] - 63:5
entity [16] - 7:17, 7:18,
7:20, 7:21, 11:22,
63:23, 78:7, 80:4,
80:7, 80:11, 81:17,
82:6, 83:7, 83:13,
84:1, 84:7
enumerate [1] - 75:7
enumerated [10] -
45:12, 45:25, 46:12,
47:14, 47:20, 47:21,
48:5, 48:17, 48:18,
49:5
enumerates [1] - 45:8
error [1] - 40:1
ESQ [7] - 1:6, 2:4, 2:5,
2:10, 2:10, 3:3, 86:9
Esq [1] - 3:11
ESQS [1] - 2:9
ESQUIRE [1] - 4:21
established [2] -
33:14, 59:17
establishing [1] - 13:6
et [1] - 1:9
EVID [1] - 3:9
evidence [1] - 24:4
evidences [1] - 24:13
exact [2] - 39:17,
39:19
exactly [3] - 8:14,
29:19, 68:13
EXAMINATION [2] -
1:4, 4:25
Examination [1] - 3:4
except [4] - 9:22,
10:10, 53:2, 61:10
exception [1] - 71:10
exclude [1] - 37:5
exclusive [1] - 48:7
excuse [8] - 10:22,
23:9, 28:1, 45:17,
48:12, 65:22, 70:17,
74:9
execute [18] - 38:16,
41:3, 41:12, 41:18,
42:13, 42:17, 42:22,
43:4, 43:7, 47:2,
47:15, 47:24, 48:21,
62:1, 62:6, 63:6,
64:21, 83:14
executed [30] - 20:23,
22:17, 22:25, 24:1,
24:6, 24:17, 25:11,
26:4, 27:18, 30:2,
30:11, 32:12, 36:6,
43:10, 60:25, 62:3,
64:6, 64:13, 64:19,
65:3, 65:11, 67:8,
67:13, 67:19, 71:13,
71:24, 79:4, 79:15,
79:25, 80:6
executing [3] - 49:2,
70:6, 76:1
execution [7] - 5:11,
5:16, 20:16, 28:15,
66:12, 66:18, 70:21
exhibit [11] - 4:3, 4:8,
4:11, 4:15, 4:20,
14:14, 15:19, 16:16,
16:17, 17:6, 43:19
exhibits [1] - 76:22
EXHIBITS [1] - 3:8
existed [1] - 14:8
existence [7] - 12:1,
12:4, 12:16, 12:18,
37:6, 59:18, 66:11
exists [3] - 13:6,
14:13, 59:24
Expires [1] - 86:22
explain [5] - 50:1,
62:25, 67:16, 78:1,
78:12
explanation [2] -
13:10, 75:12
Express [22] - 14:25,
16:9, 62:20, 63:4,
63:7, 64:5, 64:15,
65:6, 65:11, 65:24,
66:19, 67:5, 67:11,
70:10, 71:25, 73:3,
73:11, 78:4, 78:18,
78:20, 78:21, 79:5
Ext [1] - 2:7
extent [9] - 26:7,
26:16, 29:3, 36:16,
41:21, 59:24, 75:13,
81:19, 84:23
FF-10078-10 [1] - 1:2
F-178-10 [2] - 3:14,
4:7
fact [3] - 40:8, 51:20,
67:5
fair [1] - 5:19
Fargo [151] - 1:4, 6:7,
6:9, 6:10, 6:11, 6:13,
6:15, 6:16, 6:17,
6:20, 6:22, 6:24,
6:25, 7:1, 7:2, 7:7,
7:10, 7:15, 7:16,
7:25, 8:10, 9:11,
9:17, 11:9, 11:14,
15:1, 17:3, 17:4,
19:6, 19:7, 23:24,
23:25, 24:5, 24:14,
24:15, 25:10, 26:2,
26:3, 27:20, 27:21,
28:8, 28:13, 29:6,
29:22, 30:13, 31:10,
32:10, 32:11, 33:25,
34:1, 34:16, 34:17,
35:6, 35:20, 35:24,
35:25, 36:4, 36:9,
36:10, 37:8, 37:18,
37:22, 38:10, 38:14,
39:10, 39:16, 41:2,
41:11, 41:15, 41:16,
42:1, 42:2, 42:5,
42:6, 42:10, 45:14,
45:15, 45:22, 45:23,
46:3, 46:10, 46:11,
46:15, 46:16, 46:23,
46:24, 47:10, 49:18,
49:19, 50:3, 50:4,
52:23, 52:24, 53:22,
53:23, 56:19, 56:20,
57:1, 57:2, 57:13,
57:23, 57:24, 58:1,
58:2, 59:5, 60:18,
60:19, 62:14, 62:15,
63:21, 63:22, 64:1,
64:2, 64:7, 64:16,
64:17, 66:20, 66:21,
67:6, 67:7, 67:11,
67:12, 70:10, 70:11,
72:1, 72:10, 72:11,
77:21, 78:3, 78:20,
78:22, 78:23, 79:11,
79:14, 80:19, 80:23,
84:5, 84:6
fashion [1] - 25:7
FAX [2] - 1:25, 2:25
fax [1] - 6:2
faxed [1] - 6:4
February [6] - 16:11,
65:17, 67:25, 69:14,
71:14, 78:16
fight [1] - 78:14
figure [2] - 5:7, 59:13
figuring [1] - 55:23
file [8] - 80:12, 80:15,
80:20, 81:5, 81:8,
82:6, 82:13, 83:8
filed [8] - 9:8, 15:19,
16:5, 81:3, 81:10,
81:17, 84:2, 84:7
filing [1] - 81:4
final [2] - 47:13, 77:3
financially [1] - 86:17
fine [1] - 69:1
firm [18] - 11:2, 11:5,
15:11, 15:14, 15:16,
16:5, 17:22, 18:13,
18:14, 19:22, 23:17,
23:20, 31:23, 53:15,
59:5, 59:19, 66:4,
82:13
first [20] - 5:23, 5:24,
15:7, 17:17, 17:22,
19:11, 44:14, 44:16,
44:19, 45:11, 50:16,
52:8, 53:6, 56:23,
59:14, 62:10, 62:23,
81:8, 85:1, 86:10
five [2] - 23:8, 39:12
followed [3] - 65:18,
69:13, 70:16
following [2] - 40:15,
70:3
follows [2] - 4:24, 53:1
FOND [2] - 1:23, 2:23
forbid [1] - 38:4
forbidding [1] - 76:4
foreclose [1] - 47:2
foreclosure [8] - 7:17,
9:9, 18:7, 18:25,
41:13, 80:13, 82:7,
83:8
foregoing [1] - 86:8
forget [1] - 31:6
forgive [1] - 40:18
forgotten [1] - 20:11
form [41] - 8:3, 9:24,
4
17:7, 18:9, 19:24,
20:17, 20:25, 21:2,
22:21, 27:22, 28:20,
29:24, 31:13, 32:14,
33:3, 33:20, 35:13,
36:1, 36:16, 38:17,
39:2, 39:5, 41:5,
41:20, 42:14, 42:19,
43:14, 46:5, 48:15,
55:14, 60:20, 61:20,
63:8, 63:12, 63:17,
64:9, 66:22, 70:13,
71:1, 72:9, 83:17
formal [2] - 7:18, 7:20
formally [1] - 10:11
format [1] - 22:2
forth [3] - 55:25, 82:4,
86:11
forum [1] - 40:10
forums [1] - 48:14
four [11] - 4:9, 4:13,
4:17, 14:15, 19:8,
49:15, 52:4, 58:17,
58:19, 60:4, 62:9
fourth [9] - 47:13,
47:19, 47:21, 48:5,
48:11, 48:16, 48:18,
49:6, 49:24
frame [1] - 40:11
free [1] - 55:17
frivolous [1] - 84:14
front [2] - 9:1, 62:17
full [2] - 45:12, 62:25
fully [1] - 7:14
functions [2] - 44:21,
44:24
fundamentally [1] -
83:4
FURBACHER [2] -
1:14, 86:4
Ggeneral [1] - 6:2
generally [1] - 40:23
generated [1] - 37:9
giant [1] - 78:14
given [3] - 6:21, 19:9,
48:7
global [1] - 57:10
GOLDBERG [2] -
1:18, 2:4
Goldberg [40] - 4:22,
17:4, 17:22, 18:1,
18:23, 19:3, 19:9,
23:13, 23:20, 27:12,
28:5, 28:13, 31:24,
44:8, 45:4, 45:9,
46:8, 46:21, 47:22,
48:20, 49:16, 50:3,
51:8, 52:5, 52:25,
53:15, 53:21, 57:6,
57:14, 57:25, 60:18,
73:7, 80:12, 80:17,
81:5, 81:7, 82:6,
82:12, 83:7, 83:14
governed [2] - 84:23,
85:1
granted [1] - 45:9
grants [1] - 48:19
ground [1] - 40:19
grow [1] - 74:12
guess [3] - 18:21,
71:8, 76:24
guys [2] - 13:22, 79:10
Hhand [1] - 9:3
happy [2] - 12:25,
29:17
head [1] - 58:10
heads [1] - 76:18
heads-up [1] - 76:18
hear [1] - 58:11
heard [2] - 27:2, 29:10
held [5] - 1:18, 16:14,
23:10, 56:18, 76:20
help [1] - 55:22
hereby [2] - 44:8,
52:25
herein [2] - 15:3,
56:22
hereinbefore [1] -
86:11
Hilde [11] - 3:11, 4:2,
5:2, 6:7, 8:21, 15:20,
18:20, 18:24, 73:22,
81:18, 83:9
HILDE [1] - 1:9
hold [1] - 67:18
holder [1] - 79:22
Home [60] - 17:3, 19:6,
23:24, 24:5, 24:14,
25:10, 26:2, 27:20,
28:8, 28:13, 29:6,
29:22, 30:13, 31:10,
32:11, 33:25, 34:16,
35:7, 35:20, 35:24,
36:4, 36:9, 38:10,
38:14, 39:16, 41:2,
41:11, 41:17, 42:2,
42:5, 42:10, 45:15,
45:23, 46:3, 46:10,
46:15, 46:24, 47:10,
49:18, 50:3, 52:24,
53:22, 56:19, 57:1,
57:13, 57:23, 58:1,
60:18, 62:14, 63:22,
64:1, 64:7, 64:16,
66:20, 67:6, 67:12,
70:10, 72:1, 84:5,
84:6
home [1] - 72:10
honest [2] - 18:16,
76:8
honestly [1] - 58:11
hopefully [1] - 76:15
HSBC [14] - 1:3, 6:6,
9:10, 10:23, 11:1,
11:4, 11:10, 11:11,
11:12, 11:13, 14:25,
16:10, 73:16, 80:15
Hultman [1] - 52:18
IID [1] - 3:9
idea [4] - 21:17, 23:3,
58:7, 58:12
identical [1] - 77:13
identification [7] - 4:4,
4:8, 4:12, 4:16, 4:20,
7:11, 43:20
identified [7] - 7:21,
8:13, 19:11, 29:21,
32:19, 38:9, 61:10
identify [9] - 26:21,
27:6, 27:25, 28:7,
35:11, 38:7, 38:14,
44:14, 75:17
identifying [2] - 27:7,
37:5
identity [1] - 8:1
impossible [1] - 40:17
imprecisely [1] -
39:22
imprecision [1] - 42:7
improper [1] - 84:14
inability [1] - 52:16
inappropriate [2] -
22:18, 38:5
INC [4] - 1:23, 2:23,
52:22, 61:2
Inc [19] - 3:20, 4:19,
14:24, 17:3, 17:20,
18:5, 28:9, 44:1,
44:10, 45:7, 50:7,
50:14, 52:23, 60:6,
61:9, 61:18, 62:19,
65:5, 65:10
inc [1] - 16:24
included [2] - 58:14,
58:19
including [2] - 19:3,
49:1
incorporated [1] -
56:22
incorporating [1] -
35:6
incorrect [1] - 14:1
independent [2] -
70:5, 71:13
indicate [3] - 34:14,
36:7, 85:9
indicated [9] - 28:14,
30:2, 31:9, 31:17,
33:18, 43:12, 53:17,
72:18, 72:20
indicates [3] - 44:19,
62:16, 71:23
indicating) [4] - 8:22,
16:18, 43:21, 75:23
individuals [1] - 19:2
information [34] -
24:12, 24:19, 24:21,
24:23, 24:25, 25:4,
25:5, 25:18, 26:8,
27:2, 31:8, 32:1,
32:7, 32:18, 32:20,
33:13, 33:16, 34:12,
34:18, 34:19, 34:20,
35:1, 39:13, 39:14,
41:22, 60:7, 60:8,
70:7, 71:20, 71:22,
72:19, 72:24, 81:12,
83:2
insert [1] - 57:22
instance [1] - 81:9
instant [1] - 85:1
instruct [3] - 37:7,
80:15, 85:4
instructed [4] - 80:11,
83:7, 84:1, 84:7
instructing [1] - 68:18
instruction [4] -
13:13, 31:3, 31:5,
31:7
instrument [1] - 78:24
Interest [2] - 3:15,
3:17
interest [5] - 4:10,
4:14, 47:16, 48:22,
74:13
Interest-Only [2] -
3:15, 3:17
interest-only [2] -
4:10, 4:14
interested [1] - 86:17
interests [1] - 47:25
internal [4] - 35:17,
39:15, 68:7, 70:2
interpret [5] - 19:15,
47:9, 55:15, 55:16,
55:18
interpretation [2] -
19:1, 36:25
interrupt [1] - 49:4
involve [1] - 5:11
involved [1] - 40:2
issue [5] - 13:2, 13:7,
13:14, 14:12, 84:16
itself [2] - 8:6, 59:23
JJanuary [2] - 50:8,
50:15
jdenbeaux@
denbeauxlaw.com
[1] - 2:12
JENEE [1] - 2:5
JERSEY [1] - 1:1
Jersey [6] - 1:18, 1:20,
2:6, 4:23, 86:7,
86:25
job [1] - 37:24
Joel [1] - 50:9
Joshua [1] - 5:1
JOSHUA [1] - 2:10
judgment [3] - 3:14,
4:7, 5:24
Kkeep [1] - 79:7
KIM [2] - 1:14, 86:4
kind [1] - 31:8
Kinderkamack [1] -
2:11
knowledge [2] -
19:18, 20:13
knows [3] - 21:8,
68:20, 79:1
Lland [3] - 35:14, 35:21,
39:14
lands [1] - 73:22
language [5] - 38:11,
45:18, 46:18, 47:5,
62:5
large [1] - 43:24
last [4] - 49:24, 51:3,
54:7, 83:24
law [2] - 23:19, 59:5
lawyer [1] - 25:3
lawyer/client [1] -
13:6
layman [1] - 25:2
lead [1] - 33:17
least [1] - 49:13
legal [1] - 18:23
Len [1] - 15:16
lender [1] - 81:9
Lenny [1] - 15:13
Leonard [5] - 3:11,
4:3, 8:20, 15:11,
15:14
letter [3] - 3:10, 4:2,
8:20
letters [2] - 22:11,
5
73:16
LEZARON [1] - 1:9
Lezaron [44] - 3:11,
4:2, 5:2, 6:7, 8:21,
11:5, 11:12, 15:20,
18:20, 18:25, 19:16,
19:20, 20:4, 20:14,
20:22, 22:15, 22:23,
23:23, 24:4, 24:13,
25:8, 25:9, 26:1,
27:19, 30:3, 30:12,
31:12, 32:9, 32:10,
33:18, 33:19, 34:14,
34:15, 35:22, 35:23,
36:8, 73:22, 81:18,
83:9
License [3] - 1:15,
86:4, 86:25
lien [30] - 18:24, 19:4,
19:16, 19:20, 19:22,
20:14, 20:21, 22:16,
22:23, 23:23, 24:4,
24:13, 25:8, 26:1,
27:19, 31:12, 32:9,
33:18, 34:15, 35:22,
35:23, 36:8, 45:13,
45:21, 46:1, 46:8,
46:13, 46:22, 62:12,
73:9
likely [1] - 13:2
limited [10] - 6:16,
19:4, 47:20, 47:23,
48:17, 49:1, 49:10,
56:3, 56:7, 74:7
line [2] - 78:9, 80:25
list [4] - 44:7, 44:15,
44:19, 73:6
litigation [11] - 5:5,
11:6, 18:8, 18:15,
18:19, 18:25, 52:6,
58:6, 76:23, 77:8,
83:15
live [1] - 34:7
LLC [21] - 1:19, 2:4,
4:22, 23:20, 23:22,
27:12, 28:5, 28:13,
28:25, 29:22, 30:25,
32:4, 33:10, 33:16,
34:13, 35:7, 50:3,
52:5, 53:15, 81:6,
81:7
loan [38] - 16:10,
18:24, 19:5, 19:17,
19:21, 19:22, 20:4,
20:14, 20:22, 22:15,
22:23, 22:24, 23:24,
24:14, 25:9, 26:1,
27:19, 30:4, 30:12,
32:10, 33:19, 34:15,
35:22, 36:8, 45:13,
45:21, 46:1, 46:9,
46:14, 46:22, 47:3,
47:17, 48:1, 48:2,
48:23, 48:24, 62:12,
73:9
Loan [4] - 28:8, 28:13,
29:6, 35:7
loans [8] - 53:10, 54:8,
55:2, 55:7, 55:9,
55:10, 55:19, 56:9
Loans [1] - 29:22
located [1] - 73:18
log [2] - 12:9, 38:3
look [1] - 77:3
looked [1] - 5:25
looking [3] - 44:3,
52:20, 63:15
Mmain [2] - 6:10, 6:17
maintain [1] - 78:13
managing [2] - 23:21,
51:8
manifested [1] - 34:22
March [2] - 51:9, 52:1
mark [1] - 43:16
marked [10] - 3:14,
4:3, 4:7, 4:11, 4:15,
4:19, 8:19, 9:3,
43:19, 85:9
matter [3] - 1:13, 12:8,
13:20
matters [2] - 10:24,
11:2
mean [21] - 18:10,
21:17, 21:24, 23:3,
24:18, 24:20, 24:22,
31:4, 32:2, 44:23,
45:17, 47:8, 52:13,
52:15, 54:16, 54:21,
63:25, 71:9, 80:1,
83:20, 83:22
meaning [4] - 6:16,
47:9, 55:6, 59:23
meaningful [1] - 42:7
means [4] - 34:6, 50:1,
69:24, 80:3
meant [1] - 11:18
meet [1] - 85:8
member [31] - 15:14,
15:16, 23:21, 47:5,
47:7, 47:9, 47:16,
47:25, 48:12, 48:23,
49:1, 49:18, 53:12,
53:22, 54:10, 55:4,
55:8, 55:11, 55:21,
56:10, 56:21, 57:1,
57:3, 57:5, 57:11,
57:17, 57:19, 58:19,
60:7, 60:9, 60:12
membership [1] -
56:22
mentions [1] - 17:21
merely [1] - 49:10
MERS [94] - 16:9,
17:1, 19:5, 19:17,
19:21, 20:5, 20:15,
20:22, 22:16, 22:24,
24:16, 25:9, 26:2,
27:20, 28:14, 29:9,
29:22, 29:23, 30:10,
31:9, 31:11, 31:18,
31:25, 32:4, 32:9,
32:19, 32:25, 33:6,
33:10, 33:15, 33:17,
34:13, 34:15, 34:24,
35:2, 35:5, 35:6,
35:20, 35:23, 36:3,
36:9, 39:16, 41:2,
41:10, 41:15, 42:12,
42:15, 42:16, 42:20,
42:21, 43:3, 44:22,
45:1, 45:13, 45:19,
45:21, 46:2, 46:9,
46:14, 46:22, 47:4,
47:17, 48:1, 48:2,
48:13, 48:24, 48:25,
49:16, 52:8, 53:11,
53:12, 54:9, 55:3,
55:4, 55:7, 55:11,
55:12, 55:19, 55:20,
56:9, 56:21, 58:25,
60:5, 60:8, 62:13,
63:3, 65:24, 73:5,
73:8, 73:10, 78:17,
79:4
MERSCORP [4] -
49:17, 52:22, 59:3,
61:2
MICHAEL [3] - 1:6,
3:3, 86:9
Michael [3] - 50:8,
61:13, 61:16
middle [1] - 43:25
might [4] - 26:9,
26:25, 40:22, 67:4
mind [1] - 19:15
minute [3] - 16:16,
23:9, 41:24
minutes [2] - 39:12,
76:14
misread [1] - 77:25
misunderstand [1] -
83:5
moment [4] - 11:18,
25:23, 65:25, 75:24
Monday [1] - 1:20
money [1] - 74:12
mortgage [115] - 4:18,
5:12, 7:16, 8:11,
14:22, 15:2, 15:8,
15:9, 16:8, 16:23,
18:20, 18:24, 19:5,
19:16, 19:20, 19:22,
20:3, 20:4, 20:14,
20:16, 20:22, 20:24,
22:15, 22:17, 22:23,
22:25, 23:23, 24:1,
24:7, 24:14, 24:17,
25:12, 26:4, 27:18,
28:15, 28:22, 30:3,
30:11, 32:12, 34:23,
36:7, 38:16, 41:4,
41:13, 41:19, 42:13,
42:18, 42:23, 43:4,
43:8, 43:11, 43:12,
43:13, 43:18, 43:25,
45:13, 45:21, 46:1,
46:9, 46:14, 46:22,
47:3, 47:17, 48:23,
50:6, 53:10, 54:8,
55:2, 55:6, 55:9,
55:10, 55:18, 56:8,
60:25, 62:2, 62:4,
62:6, 62:12, 62:18,
63:6, 64:6, 64:14,
64:20, 64:21, 64:22,
65:4, 65:12, 66:1,
66:13, 67:8, 67:13,
67:20, 69:17, 70:7,
70:9, 71:14, 71:24,
73:9, 73:21, 73:25,
74:2, 74:7, 74:16,
74:21, 74:22, 78:17,
79:3, 79:4, 79:14,
79:17, 79:20, 79:25,
80:6, 83:15, 84:2
Mortgage [97] - 1:4,
3:19, 3:21, 9:12,
11:15, 14:23, 14:24,
16:9, 17:2, 17:3,
17:19, 18:4, 19:6,
23:24, 24:5, 24:15,
25:10, 26:3, 27:20,
28:8, 30:13, 31:10,
32:11, 34:1, 34:16,
35:20, 35:24, 36:4,
36:9, 38:10, 38:14,
39:16, 41:2, 41:11,
41:17, 42:3, 42:6,
42:10, 44:10, 45:6,
45:15, 45:23, 46:3,
46:10, 46:16, 46:24,
47:10, 49:18, 50:4,
50:13, 52:22, 52:24,
53:23, 56:20, 57:2,
57:13, 57:23, 58:2,
60:5, 60:18, 61:9,
61:17, 62:14, 62:18,
62:19, 63:4, 63:7,
63:22, 64:1, 64:5,
64:7, 64:15, 64:16,
65:4, 65:6, 65:9,
65:11, 65:24, 66:19,
66:20, 67:5, 67:6,
67:11, 67:12, 70:9,
70:11, 71:25, 72:1,
73:3, 73:11, 78:3,
78:18, 78:19, 78:21,
79:5, 84:5, 84:6
mortgagee [1] - 15:8
motion [4] - 3:13, 4:6,
5:24, 84:16
Mountainside [3] -
1:20, 2:6, 4:23
movant [1] - 49:3
move [2] - 49:11,
63:19
MR [199] - 4:25, 5:13,
5:15, 5:17, 5:19,
5:22, 6:3, 6:5, 8:3,
8:4, 8:5, 8:8, 8:24,
9:2, 9:4, 9:5, 9:24,
9:25, 10:1, 10:3,
11:24, 12:1, 12:3,
12:4, 12:6, 12:7,
12:12, 12:15, 12:20,
12:21, 12:24, 13:1,
13:8, 13:9, 13:11,
13:21, 13:25, 15:22,
15:24, 16:3, 16:4,
16:13, 17:7, 17:8,
17:9, 17:11, 17:13,
18:9, 19:24, 20:17,
20:25, 21:1, 21:3,
21:5, 21:8, 21:9,
21:10, 23:8, 23:11,
25:14, 26:6, 26:9,
26:15, 26:18, 27:22,
27:23, 28:20, 28:23,
29:1, 29:2, 29:3,
29:7, 29:24, 31:13,
32:14, 33:3, 33:20,
33:21, 33:23, 33:24,
34:2, 34:4, 34:5,
34:7, 35:13, 36:1,
36:11, 36:15, 36:18,
36:20, 37:12, 37:14,
37:15, 37:17, 37:19,
37:21, 37:23, 38:1,
38:17, 38:18, 38:20,
38:23, 39:2, 39:4,
39:6, 41:5, 41:20,
41:23, 42:14, 42:19,
42:24, 43:1, 43:14,
43:16, 46:5, 48:15,
55:14, 58:8, 59:10,
59:13, 59:17, 59:22,
60:3, 60:20, 61:20,
61:21, 63:8, 63:13,
63:15, 63:18, 64:9,
6
65:1, 66:22, 66:23,
66:24, 67:1, 68:4,
68:6, 68:7, 68:9,
68:13, 68:15, 68:20,
68:24, 68:25, 69:2,
70:13, 71:1, 71:3,
72:5, 72:8, 72:12,
75:11, 75:15, 76:6,
76:8, 76:10, 76:12,
76:13, 76:15, 76:17,
76:19, 76:21, 78:8,
78:11, 79:7, 79:13,
79:16, 80:14, 80:24,
81:2, 81:13, 81:16,
81:19, 81:22, 81:25,
82:1, 82:3, 82:5,
82:10, 82:11, 82:15,
82:19, 82:21, 82:24,
82:25, 83:4, 83:10,
83:12, 83:16, 83:18,
83:19, 83:21, 83:23,
84:3, 84:8, 84:12,
84:19, 84:25
MS [2] - 5:20, 5:25
must [1] - 77:25
NNA [47] - 6:11, 6:25,
7:1, 17:4, 19:7,
23:25, 24:6, 24:15,
25:11, 26:3, 27:21,
30:14, 31:11, 32:11,
34:1, 34:17, 35:25,
36:10, 45:15, 45:23,
46:4, 46:11, 46:16,
46:24, 47:11, 49:19,
50:4, 52:24, 53:23,
56:20, 57:14, 57:24,
58:2, 60:19, 62:15,
64:2, 64:8, 64:17,
66:21, 67:7, 67:12,
70:11, 72:2, 78:3,
78:20, 78:22, 78:23
name [4] - 7:18, 7:20,
45:1, 61:5
names [1] - 25:24
naming [1] - 26:22
National [5] - 1:3,
9:10, 11:4, 11:13,
73:17
national [1] - 14:25
necessarily [2] -
23:16, 55:12
necessary [5] - 21:12,
47:2, 47:15, 47:24,
48:22
need [8] - 20:20, 21:6,
23:8, 38:3, 49:9,
62:24, 76:14, 84:20
nefarious [2] - 39:25,
40:9
never [1] - 19:15
New [6] - 1:17, 1:20,
2:6, 4:23, 86:7,
86:25
NEW [1] - 1:1
next [3] - 49:12, 49:15,
78:20
nice [1] - 85:8
Nicholas [2] - 37:8,
50:10
NICHOLAS [111] - 2:4,
5:13, 5:17, 8:3, 8:5,
8:24, 9:4, 9:24, 10:1,
11:24, 12:3, 12:6,
12:12, 12:20, 12:24,
13:8, 13:11, 13:21,
15:22, 16:3, 17:7,
17:9, 17:13, 18:9,
19:24, 20:17, 20:25,
21:3, 21:8, 21:10,
26:6, 26:15, 27:22,
28:20, 29:1, 29:3,
29:7, 29:24, 31:13,
32:14, 33:3, 33:20,
33:23, 34:2, 34:5,
35:13, 36:1, 36:11,
36:15, 36:20, 37:12,
37:15, 37:19, 37:23,
38:17, 38:20, 39:2,
39:6, 41:5, 41:20,
42:14, 42:19, 42:24,
43:14, 46:5, 48:15,
55:14, 58:8, 59:13,
59:22, 60:20, 61:20,
63:8, 63:13, 63:18,
64:9, 66:22, 66:24,
68:4, 68:7, 68:13,
68:20, 68:25, 70:13,
71:1, 72:8, 75:11,
76:6, 76:10, 76:13,
76:17, 78:8, 79:7,
79:16, 80:14, 80:24,
81:13, 81:19, 81:25,
82:3, 82:10, 82:15,
82:21, 82:25, 83:10,
83:16, 83:19, 83:23,
84:3, 84:8, 84:19
nine [1] - 4:5
NJ [3] - 1:24, 2:11,
2:24
NO [2] - 1:2, 3:9
nominee [9] - 14:24,
16:9, 62:19, 63:3,
65:5, 65:10, 65:24,
78:17, 79:4
non [1] - 27:9
non-clients [1] - 27:9
none [2] - 7:12, 72:25
nonsensical [1] - 81:2
Notary [3] - 1:17, 86:7,
86:24
note [26] - 4:10, 4:14,
74:1, 74:5, 74:7,
74:11, 74:15, 74:25,
75:5, 75:8, 75:18,
75:19, 76:2, 76:23,
77:4, 77:6, 77:18,
78:19, 79:18, 79:19,
79:22, 79:24, 80:5,
80:9, 84:3
Note [2] - 3:16, 3:18
noted [1] - 85:11
notes [3] - 1:12,
35:12, 78:19
nothing [3] - 6:1, 6:2,
72:17
Notice [1] - 1:21
notice [1] - 79:9
number [7] - 6:2, 19:3,
35:9, 50:5, 69:24,
74:16, 75:6
Oobfuscational [1] -
29:15
object [15] - 13:19,
26:6, 26:16, 28:20,
36:15, 38:17, 41:20,
41:21, 68:4, 72:8,
75:11, 78:8, 80:24,
82:1, 83:16
objected [2] - 13:23,
75:17
objecting [1] - 33:21
objection [63] - 8:3,
8:4, 9:24, 9:25,
11:24, 13:8, 14:10,
15:22, 16:7, 17:7,
17:8, 18:9, 19:24,
20:17, 20:25, 21:2,
21:10, 26:15, 26:18,
26:25, 27:3, 27:22,
29:1, 29:7, 29:24,
31:13, 32:14, 33:3,
33:20, 34:3, 35:13,
36:1, 38:19, 38:21,
38:24, 39:2, 39:4,
41:5, 42:14, 42:19,
43:14, 46:5, 48:15,
55:14, 58:8, 60:20,
61:20, 61:22, 63:8,
63:11, 63:16, 64:9,
66:22, 66:23, 70:13,
71:1, 71:6, 78:13,
79:8, 80:14, 81:1,
84:3, 84:8
objectionable [1] -
82:9
objections [1] - 84:14
obligation [1] - 74:11
obligations [1] - 53:8
obtained [1] - 29:4
obviously [1] - 59:10
OF [2] - 1:1, 1:5
office [9] - 1:18, 9:8,
18:17, 50:22, 50:23,
69:12, 74:3, 76:25,
77:2
officers [1] - 50:8
Officers [1] - 50:14
once [1] - 78:21
one [28] - 8:24, 9:2,
9:7, 16:15, 16:23,
16:25, 28:4, 30:23,
43:18, 43:23, 49:15,
49:16, 49:17, 54:3,
54:4, 54:7, 55:25,
58:24, 59:24, 61:14,
73:16, 75:9, 77:9,
77:16, 78:19, 83:6,
83:24
opinion [1] - 71:8
opportunity [1] -
16:19
options [1] - 6:21
ORAL [1] - 1:4
orally [1] - 25:6
order [3] - 35:11,
77:20, 78:2
original [3] - 5:22,
80:5, 80:9
otherwise [1] - 55:12
outset [1] - 5:9
outside [4] - 15:23,
16:2, 78:9, 79:9
own [2] - 35:16, 70:6
owner [6] - 31:11,
47:16, 47:25, 48:23,
79:19, 79:21
Pp.m [1] - 85:11
P.O [1] - 2:6
page [28] - 4:9, 4:13,
9:1, 16:24, 17:18,
18:18, 43:18, 43:23,
43:25, 44:14, 44:16,
44:19, 49:12, 49:15,
49:24, 49:25, 50:1,
50:2, 50:16, 51:6,
52:8, 52:20, 54:3,
58:24, 59:1, 62:10,
77:3
PAGE [1] - 3:2
pages [11] - 4:1, 4:5,
4:17, 16:25, 51:5,
52:4, 52:10, 52:11,
58:17, 58:20, 62:9
paper [4] - 22:1,
22:10, 22:20, 23:6
paragraph [32] -
14:15, 14:17, 17:23,
48:19, 49:6, 53:6,
53:13, 54:4, 54:7,
55:25, 56:14, 56:15,
56:19, 56:24, 58:13,
58:18, 59:1, 59:8,
60:4, 60:11, 60:15,
73:15, 73:18, 73:19,
73:25, 74:2, 74:6,
74:9, 74:10, 74:13,
74:15, 74:20
paralegals [2] - 30:23,
66:5
parentheses [1] - 53:3
part [4] - 40:1, 40:2,
47:1, 52:12
particular [1] - 73:24
particularly [1] - 25:2
parties [3] - 53:8,
60:5, 86:14
partner [4] - 15:11,
15:13, 23:17, 51:8
party [1] - 81:4
pass [2] - 8:11, 15:2
Pass [3] - 1:5, 9:12,
11:16
pass-through [2] -
8:11, 15:2
Pass-Through [3] -
1:5, 9:12, 11:16
passed [2] - 32:7, 70:7
pay [2] - 77:20, 78:2
people [1] - 70:3
percent [1] - 70:23
perfectly [2] - 67:2,
70:24
perform [2] - 57:19,
58:1
performs [1] - 53:9
period [2] - 4:10, 4:14
Period [2] - 3:15, 3:17
person [4] - 31:7,
80:4, 80:8, 80:11
personal [1] - 20:13
personally [2] - 33:7,
33:15
petitioned [1] - 83:14
pg [1] - 3:21
pgs [5] - 3:10, 3:12,
3:16, 3:18, 3:20
phrase [4] - 54:11,
54:15, 54:20, 63:21
physical [2] - 80:4,
80:8
piece [2] - 22:10,
22:20
pieces [1] - 39:13
7
place [3] - 65:17, 66:4,
86:10
placed [1] - 77:18
places [1] - 74:16
plaintiff [20] - 8:1, 8:7,
8:12, 8:15, 8:16, 9:9,
9:17, 9:21, 9:22,
10:8, 10:12, 10:14,
10:17, 10:18, 10:21,
11:23, 15:3, 19:23,
20:4, 58:5
Plaintiff [1] - 1:7
Plaintiffs [1] - 2:8
point [6] - 14:3, 40:6,
40:25, 63:19, 78:11,
79:12
points [1] - 84:20
policies [22] - 66:3,
66:9, 66:11, 67:14,
67:17, 67:18, 68:7,
68:22, 69:5, 69:13,
69:18, 69:21, 70:4,
70:16, 70:19, 70:20,
71:5, 71:9, 71:15,
72:22, 72:23
portion [2] - 15:19,
63:5
pose [1] - 29:18
position [8] - 12:16,
18:6, 18:22, 23:12,
37:17, 61:24, 81:11,
82:11
positive [2] - 76:25,
77:1
possession [6] -
74:25, 75:5, 75:18,
75:19, 80:5, 80:8
possessor [3] - 79:24,
80:2, 80:3
possible [1] - 56:16
possibly [1] - 76:16
potentially [1] - 82:16
power [7] - 45:11,
45:17, 45:25, 46:12,
47:20, 47:21, 48:17
powers [2] - 19:9,
45:8
precise [1] - 29:18
precisely [1] - 40:11
president [3] - 61:4,
77:22, 78:5
presidents [3] - 44:9,
45:6, 73:8
presumably [1] -
70:16
previous [2] - 20:7,
81:1
previously [7] - 20:2,
31:17, 32:19, 38:9,
40:13, 72:17, 72:20
print [1] - 43:24
printed [1] - 22:1
privilege [28] - 12:9,
13:18, 13:20, 14:11,
26:14, 26:17, 27:4,
29:1, 29:2, 36:16,
36:25, 37:5, 37:11,
38:3, 38:18, 38:19,
38:20, 59:20, 82:9,
82:18, 82:20, 82:23,
83:1, 83:5, 84:14,
84:24, 85:1, 85:4
privileged [30] - 11:25,
12:2, 12:5, 12:19,
12:22, 13:7, 13:13,
14:3, 26:7, 26:19,
27:1, 36:23, 37:3,
37:16, 37:18, 37:22,
37:25, 41:21, 41:24,
59:12, 59:19, 68:5,
68:6, 68:8, 68:9,
68:12, 80:14, 81:18,
84:8, 84:10
problem [5] - 23:14,
24:9, 34:8, 52:2
problems [2] - 5:8,
76:9
procedures [23] -
35:10, 35:17, 39:15,
48:8, 65:23, 66:4,
66:9, 66:11, 67:15,
67:17, 67:19, 68:8,
68:23, 69:5, 69:13,
69:19, 69:21, 70:4,
70:16, 70:20, 71:15,
72:22, 72:23
proceeding [3] -
47:17, 48:1, 48:24
proceedings [2] -
1:13, 48:17
processes [6] - 34:21,
35:4, 35:9, 35:17,
39:15, 65:23
produced [7] - 5:23,
18:17, 28:17, 50:22,
75:9, 76:24, 77:1
product [4] - 68:5,
68:11, 68:18, 71:22
Professional [2] -
1:16, 86:5
proofs [1] - 49:2
proper [2] - 66:6
properly [11] - 10:16,
33:19, 33:22, 33:25,
34:6, 34:10, 40:15,
44:12, 49:21, 53:3,
57:20
property [2] - 47:3,
73:24
protect [3] - 47:15,
47:24, 48:22
protected [4] - 68:11,
82:17, 82:19, 83:1
proven [1] - 40:10
provided [4] - 18:13,
31:8, 60:7, 71:20
provision [1] - 62:11
Public [3] - 1:17, 86:7,
86:24
public [3] - 35:14,
35:21, 39:14
purported [1] - 62:22
purports [1] - 9:6
purpose [2] - 11:5,
53:6
purposes [3] - 13:24,
76:6, 84:19
pursuant [1] - 1:21
put [6] - 12:12, 12:24,
13:1, 52:3, 59:15,
84:20
putting [3] - 22:10,
40:5, 50:12
Qquality [1] - 70:1
questioning [2] - 78:9,
80:25
questions [9] - 5:18,
76:3, 79:6, 79:12,
79:17, 82:22, 82:25,
84:22, 84:25
quite [1] - 10:14
quote [1] - 40:13
quotes [1] - 53:3
Rraise [2] - 38:20, 38:23
rate [2] - 4:10, 4:14
Rate [2] - 3:16, 3:18
rather [2] - 25:1, 49:6
re [1] - 13:5
re-think [1] - 13:5
read [29] - 14:20, 15:5,
25:14, 25:15, 36:11,
36:13, 38:22, 38:25,
42:24, 44:12, 48:5,
48:9, 48:10, 49:5,
49:7, 50:11, 53:3,
54:13, 55:5, 57:20,
57:23, 64:22, 64:24,
72:5, 72:6, 72:15,
73:14, 73:23, 78:22
reading [4] - 49:10,
61:5, 74:17, 74:19
reads [1] - 53:6
real [1] - 73:24
really [1] - 16:1
realm [1] - 82:22
Realtime [2] - 1:16,
86:6
reasons [1] - 70:22
received [1] - 52:4
recess [3] - 23:10,
56:18, 76:20
recited [2] - 9:18,
10:16
reciting [1] - 53:2
recollection [7] -
20:21, 21:7, 21:12,
22:14, 22:22, 29:11,
65:21
record [24] - 9:18,
10:15, 11:17, 13:17,
13:22, 13:24, 14:21,
15:5, 16:13, 16:14,
18:13, 23:11, 36:20,
37:18, 39:20, 40:6,
49:6, 49:11, 50:12,
52:3, 53:4, 73:15,
84:20, 84:22
recorded [1] - 74:3
records [34] - 25:19,
25:25, 27:7, 27:17,
28:3, 28:6, 28:12,
29:20, 29:23, 31:18,
32:19, 32:25, 33:1,
33:5, 34:21, 35:4,
35:7, 35:14, 35:19,
35:22, 36:3, 38:2,
38:9, 38:15, 39:11,
39:14, 39:15, 41:1,
41:10, 41:16, 42:11,
42:16, 42:22, 43:3
recourse [2] - 77:21,
78:3
refer [1] - 40:12
reference [7] - 56:22,
58:13, 62:24, 63:21,
74:1, 74:20, 74:22
referenced [9] - 3:14,
9:17, 50:16, 54:4,
58:18, 59:1, 72:20,
74:5, 85:10
references [5] - 53:25,
59:23, 73:21, 73:25,
74:15
referencing [1] - 54:11
referred [3] - 7:17,
10:17, 59:8
referring [2] - 44:4,
60:1
reflects [1] - 51:10
refresh [7] - 20:20,
21:7, 21:12, 22:14,
22:22, 29:11, 65:21
refusing [1] - 13:14
regard [3] - 5:5, 11:22,
30:3
regarding [3] - 27:18,
48:1, 48:24
registered [56] - 19:5,
19:6, 19:17, 19:21,
20:4, 20:15, 20:22,
22:16, 22:24, 23:24,
24:4, 24:14, 25:9,
26:2, 27:19, 30:12,
31:11, 32:10, 33:19,
33:22, 33:25, 34:6,
34:11, 34:15, 35:23,
36:8, 45:13, 45:14,
45:21, 45:22, 46:2,
46:9, 46:10, 46:14,
46:15, 46:22, 46:23,
47:4, 47:5, 48:2,
48:25, 49:1, 53:11,
54:8, 55:3, 55:7,
55:9, 55:10, 55:12,
55:19, 56:9, 62:13,
62:14, 73:9, 73:10,
74:3
Registered [2] - 1:15,
86:5
Registration [16] -
3:19, 14:23, 17:2,
17:20, 18:5, 28:9,
44:10, 45:7, 50:14,
52:23, 60:6, 61:9,
61:18, 62:18, 65:5,
65:10
registration [4] - 4:18,
16:23, 44:1, 50:7
relate [2] - 37:24, 56:8
related [5] - 42:5,
42:6, 55:6, 55:9,
86:13
relates [1] - 36:22
relating [4] - 53:10,
54:8, 55:2, 55:18
relationship [8] - 7:24,
8:9, 9:16, 13:7,
23:19, 26:12, 26:14,
27:5
relative [1] - 86:15
release [2] - 46:13,
46:21
relevant [4] - 18:7,
18:11, 18:18, 76:3
reliance [1] - 25:19
relied [23] - 25:25,
27:7, 27:17, 28:1,
28:3, 28:6, 28:18,
28:24, 29:20, 31:18,
31:25, 33:1, 33:2,
33:4, 33:5, 36:5,
38:8, 38:15, 39:13,
41:2, 41:11, 42:16,
42:21
religiously [1] - 70:3
8
rely [19] - 26:11, 29:5,
29:8, 29:23, 34:22,
35:10, 35:14, 35:16,
35:19, 39:10, 41:14,
41:17, 41:25, 42:9,
42:11, 42:15, 42:20,
43:2, 43:6
relying [2] - 35:8, 70:7
remaining [1] - 16:25
remember [1] - 67:24
repeat [11] - 10:5,
10:13, 10:17, 25:13,
26:23, 31:15, 32:17,
43:15, 64:11, 72:4,
72:14
rephrase [13] - 11:10,
20:12, 27:23, 28:2,
28:16, 30:24, 38:7,
38:13, 54:25, 56:4,
63:24, 70:18, 79:23
reported [1] - 32:9
Reporter [6] - 1:15,
1:16, 1:17, 86:5,
86:6
reporter [6] - 25:16,
36:14, 39:1, 64:25,
72:7, 72:16
REPORTERS [4] -
1:23, 1:23, 2:23,
2:23
represent [12] - 5:2,
6:23, 9:21, 10:11,
10:23, 11:8, 11:12,
11:13, 18:12, 58:5,
77:4, 77:6
representation [1] -
11:23
representing [2] - 8:6,
10:10
request [3] - 12:13,
12:24, 59:15
requested [2] - 13:22,
83:13
research [3] - 66:6,
70:5, 71:13
Resolution [1] - 3:20
resolution [23] - 4:19,
16:24, 17:19, 17:21,
18:1, 18:7, 18:22,
19:10, 44:2, 46:7,
51:1, 52:8, 53:10,
54:1, 54:4, 55:6,
55:9, 58:25, 59:4,
60:14, 61:25, 62:11,
73:5
resolutions [1] - 61:19
resolved [1] - 44:6
respects [1] - 6:18
respond [2] - 12:14,
12:25
response [1] - 18:14
responsible [1] - 60:6
rest [1] - 84:22
result [3] - 32:8,
34:13, 34:20
results [3] - 35:16,
39:14, 82:17
retainer [12] - 11:21,
12:2, 12:5, 12:8,
12:17, 12:18, 13:5,
14:2, 14:4, 14:5,
14:12, 58:4
revelation [1] - 59:20
review [4] - 8:19,
16:19, 75:24, 75:25
reviewed [2] - 9:6,
36:4
reviewing [2] - 34:13,
76:4
revoked [1] - 60:14
ridiculous [1] - 14:11
rights [3] - 19:3, 48:6,
53:8
Road [1] - 2:11
routinely [1] - 34:22
rules [5] - 12:11,
40:16, 40:19, 40:24
SSanchez [2] - 77:22,
78:4
saw [3] - 32:18, 32:21,
32:23
scope [3] - 5:7, 15:23,
78:10
scrolled [1] - 22:1
search [1] - 32:8
second [11] - 8:23,
8:24, 37:2, 46:12,
51:5, 52:10, 56:24,
60:4, 67:18, 74:9,
78:23
secretaries [3] - 44:9,
45:5, 73:8
secretary [1] - 61:10
section [2] - 54:7,
62:23
securing [1] - 47:3
Securities [9] - 1:4,
6:11, 6:17, 7:2, 7:25,
8:10, 9:11, 11:9,
80:19
securities [5] - 6:7,
11:19, 11:20, 15:1,
80:23
see [12] - 14:17, 16:22,
47:5, 49:19, 51:3,
54:1, 54:11, 56:23,
59:11, 60:15, 73:19,
74:13
seeing [1] - 38:4
seeking [1] - 84:21
seem [4] - 18:19,
24:25, 48:7, 49:9
self [1] - 29:14
self-defining [1] -
29:14
send [2] - 9:2, 12:9
sense [2] - 37:15, 40:2
sent [3] - 22:1, 37:16,
37:22
sentence [3] - 15:7,
56:23, 60:4
separate [4] - 57:5,
57:18, 57:25, 59:23
series [2] - 8:12, 15:3
Series [5] - 1:5, 3:10,
3:12, 9:13, 11:16
served [1] - 15:20
Service [1] - 77:23
serviced [7] - 53:12,
54:10, 55:4, 55:8,
55:11, 55:20, 56:10
services [2] - 57:19,
58:1
Servicing [1] - 11:15
servicing [8] - 7:16,
9:19, 9:20, 9:22,
10:7, 10:11, 11:8,
11:18
set [4] - 40:18, 40:19,
55:25, 86:11
seven [1] - 60:11
several [2] - 34:21,
35:3
shakes [1] - 58:10
shall [2] - 60:13, 60:14
share [1] - 40:6
Sheffield [3] - 1:19,
2:5, 4:22
short [4] - 23:10,
56:16, 56:18, 76:20
SHORTHAND [2] -
1:23, 2:23
show [3] - 8:18, 16:17,
75:21
showed [3] - 31:9,
35:23, 51:1
shown [14] - 19:6,
45:14, 45:22, 46:10,
46:15, 46:23, 47:4,
48:25, 53:11, 54:9,
55:3, 55:20, 62:13,
73:10
sic [1] - 11:15
sign [4] - 15:17, 18:3,
51:20, 70:17
signatory [1] - 61:2
signature [6] - 51:16,
51:17, 51:20, 51:22,
52:1, 61:6
signatures [1] - 49:15
signed [16] - 8:20,
15:11, 15:15, 51:7,
51:23, 54:14, 54:17,
56:21, 65:25, 69:16,
70:8, 73:1, 77:7,
77:22, 78:4, 79:20
signing [20] - 17:1,
49:13, 51:6, 51:11,
51:13, 51:14, 51:18,
52:10, 52:21, 53:7,
54:5, 54:14, 56:1,
56:3, 56:4, 56:7,
56:8, 59:9, 61:25,
73:2
simple [1] - 59:18
simply [3] - 7:10,
12:10, 12:21
single [4] - 52:12,
71:10, 73:22, 78:7
sit [1] - 60:1
solicit [1] - 83:2
someone [3] - 30:18,
31:23, 31:24
somewhat [1] - 5:6
sorry [2] - 42:24,
54:24
sort [3] - 5:7, 6:21,
49:14
source [2] - 25:5, 35:2
sources [1] - 39:13
speaking [2] - 14:17,
73:19
speaks [2] - 8:5, 59:22
specific [9] - 7:14,
19:25, 39:7, 48:6,
51:4, 55:1, 55:25,
63:16, 70:1
specifically [17] -
7:12, 7:19, 14:20,
30:5, 30:6, 30:8,
32:15, 32:20, 36:2,
50:2, 51:14, 65:16,
68:1, 68:3, 68:16,
69:5, 69:7
specificity [1] - 7:6
specifics [2] - 38:11,
68:22
speculate [1] - 21:4
staff [4] - 66:5, 69:12,
70:15, 71:21
stamped [2] - 5:21,
75:22
stand [3] - 13:8,
26:15, 34:25
standard [3] - 40:16,
40:19, 40:24
standing [2] - 12:15,
84:9
stands [2] - 39:3,
72:13
start [4] - 26:10,
45:11, 52:21, 77:17
starting [2] - 35:12,
73:18
starts [1] - 74:10
State [3] - 1:17, 86:7,
86:25
states [3] - 45:3, 47:1,
62:17
stenographic [1] -
1:12
steps [4] - 65:8, 65:13,
65:16, 65:22
still [8] - 22:2, 22:4,
27:10, 35:5, 60:19,
66:10, 66:15, 84:4
stop [1] - 76:15
straightforward [1] -
25:1
Street [3] - 1:19, 2:5,
4:23
subsidiary [1] - 52:22
sufficient [1] - 12:10
suggests [1] - 20:9
Suite [3] - 1:19, 2:5,
4:23
summary [1] - 5:24
Summary [2] - 3:13,
4:7
SUPERIOR [1] - 1:1
support [4] - 3:13, 4:6,
25:7, 66:5
supposed [1] - 52:9
sworn [2] - 4:24,
86:10
system [2] - 31:11,
55:10
System [39] - 19:5,
19:17, 19:21, 20:5,
20:15, 20:23, 22:16,
22:24, 24:16, 25:9,
26:2, 27:20, 34:16,
35:24, 36:9, 45:14,
45:22, 46:2, 46:9,
46:14, 46:23, 47:4,
48:2, 48:25, 53:11,
53:12, 54:9, 55:3,
55:4, 55:7, 55:11,
55:13, 55:19, 55:20,
56:9, 60:9, 62:13,
73:10
systems [4] - 4:19,
16:24, 44:1, 50:7
Systems [16] - 3:20,
14:24, 17:2, 17:20,
18:5, 28:9, 44:10,
45:7, 50:14, 52:23,
9
60:6, 61:9, 61:18,
62:19, 65:5, 65:10
Tterm [4] - 23:14,
23:15, 29:14, 40:22
terminate [1] - 60:13
termination [1] -
60:11
terms [8] - 8:25, 14:5,
25:1, 29:18, 38:11,
53:2, 57:23, 76:2
testified [5] - 32:23,
33:9, 40:13, 59:25,
71:7
testifies [1] - 4:24
testify [3] - 28:21,
37:10, 39:12
testimony [16] - 7:10,
16:1, 39:8, 39:18,
39:19, 40:23, 41:7,
41:9, 42:23, 43:5,
63:11, 64:10, 65:19,
70:25, 71:2, 71:8
THE [1] - 1:4
therein [2] - 14:16,
74:11
thereon [1] - 74:12
thinking [2] - 27:10,
27:11
third [5] - 47:1, 51:5,
52:10, 55:15, 73:15
three [7] - 4:1, 16:25,
28:18, 29:21, 39:13,
53:2, 63:20
timing [1] - 76:7
title [2] - 43:24, 49:14
today [8] - 14:3, 51:1,
54:21, 67:20, 68:2,
68:16, 69:6, 70:21
together [1] - 74:10
took [1] - 65:8
top [1] - 81:6
total [1] - 6:18
totally [1] - 77:5
towards [1] - 36:17
transcript [3] - 1:12,
49:9, 86:8
treasurer [1] - 61:11
trickery [1] - 40:2
true [1] - 86:8
trustee [5] - 1:3, 6:6,
9:11, 11:14, 15:1
try [4] - 31:16, 41:23,
64:12, 65:2
trying [1] - 81:1
turn [1] - 22:14
twenty [1] - 4:1
Twenty [1] - 4:5
Twenty-nine [1] - 4:5
twenty-three [1] - 4:1
twice [1] - 78:21
two [20] - 6:21, 7:6,
16:22, 25:7, 42:4,
42:8, 51:6, 52:20,
56:14, 56:15, 56:19,
58:14, 58:19, 59:1,
59:8, 63:15, 77:10,
77:15, 78:18
typed [1] - 22:1
types [2] - 38:6, 38:8
Uunclear [1] - 15:7
under [5] - 12:10,
49:3, 59:16, 73:16,
85:3
understood [1] - 25:2
unless [2] - 27:4, 77:4
unrecorded [1] - 15:4
up [2] - 40:22, 76:18
UPON [1] - 1:4
upper [1] - 43:25
USA [12] - 1:3, 6:6,
9:10, 10:23, 11:1,
11:4, 11:11, 11:13,
14:25, 16:10, 73:17,
80:15
usual [1] - 65:13
Vvalidates [1] - 70:3
various [7] - 18:3,
25:19, 25:24, 27:6,
28:4, 29:21, 70:22
vendor [11] - 53:8,
53:13, 53:14, 53:18,
57:6, 57:12, 57:14,
57:18, 58:19, 60:8,
60:12
vendor's [1] - 56:8
verb [2] - 22:9, 36:5
vice [6] - 44:9, 45:6,
61:4, 73:8, 77:22,
78:5
Vickie [2] - 77:22, 78:4
view [1] - 40:6
virtue [2] - 10:10,
19:10
vs [2] - 6:7, 11:11
Wwait [3] - 37:2, 37:21,
67:18
waiting [1] - 84:4
warmer [1] - 22:4
ways [1] - 75:6
website [19] - 29:25,
30:1, 30:10, 30:15,
30:18, 31:2, 31:8,
31:9, 31:19, 31:25,
32:5, 32:9, 33:6,
33:10, 33:15, 33:18,
34:14, 34:24, 35:2
Weigel [1] - 73:18
welcome [3] - 12:12,
17:14, 68:21
Wells [151] - 1:4, 6:7,
6:9, 6:10, 6:11, 6:13,
6:15, 6:16, 6:17,
6:20, 6:22, 6:24,
6:25, 7:1, 7:2, 7:7,
7:10, 7:15, 7:16,
7:25, 8:10, 9:11,
9:17, 11:9, 11:14,
15:1, 17:3, 19:6,
19:7, 23:24, 23:25,
24:5, 24:14, 24:15,
25:10, 26:2, 26:3,
27:20, 27:21, 28:8,
28:13, 29:6, 29:22,
30:13, 31:10, 32:10,
32:11, 33:25, 34:1,
34:16, 34:17, 35:6,
35:20, 35:24, 35:25,
36:4, 36:9, 36:10,
37:8, 37:18, 37:22,
38:10, 38:14, 39:10,
39:16, 41:2, 41:11,
41:14, 41:16, 41:25,
42:2, 42:5, 42:6,
42:9, 45:14, 45:15,
45:22, 45:23, 46:2,
46:3, 46:10, 46:11,
46:15, 46:16, 46:23,
46:24, 47:10, 49:18,
50:3, 50:4, 52:23,
52:24, 53:22, 53:23,
56:19, 56:20, 57:1,
57:2, 57:12, 57:13,
57:23, 57:24, 58:1,
58:2, 59:5, 60:18,
60:19, 62:14, 62:15,
63:21, 63:22, 64:1,
64:2, 64:7, 64:16,
66:20, 66:21, 67:6,
67:7, 67:11, 67:12,
70:10, 70:11, 72:1,
72:9, 72:11, 77:21,
78:3, 78:20, 78:22,
78:23, 79:11, 79:13,
80:19, 80:23, 84:5,
84:6
WESTWOOD [2] -
1:24, 2:24
Westwood [1] - 2:11
whatsoever [1] - 25:7
whichever [1] - 35:12
10
whole [1] - 78:9
William [1] - 52:18
willing [1] - 34:7
wish [1] - 35:11
withdraw [3] - 56:13,
61:23, 65:1
withdrawing [1] -
36:18
WITNESS [1] - 3:2
witness [11] - 10:4,
16:17, 17:13, 36:21,
39:8, 58:10, 59:25,
78:10, 79:1, 79:8,
79:15
witness' [1] - 16:1
woman [1] - 73:22
word [5] - 21:25,
24:10, 25:4, 47:8,
52:16
words [5] - 7:6, 12:17,
27:8, 52:11, 63:20
writing [15] - 12:13,
12:25, 13:2, 21:22,
21:24, 21:25, 22:5,
22:6, 22:7, 22:9,
22:12, 24:25, 25:6,
40:21, 59:16
written [6] - 11:21,
12:16, 12:18, 14:8,
14:12, 66:3
XXIO1042 [3] - 1:15,
86:4, 86:25
ZZGA [8] - 28:25, 29:22,
30:25, 32:4, 33:10,
33:16, 34:13, 35:7
Zucker [45] - 3:11, 4:3,
4:22, 8:21, 15:11,
15:14, 17:4, 17:22,
18:1, 18:23, 19:2,
19:9, 23:13, 23:20,
27:12, 28:4, 28:12,
31:24, 44:8, 45:4,
45:9, 46:8, 46:21,
47:22, 48:20, 49:16,
50:2, 51:7, 52:5,
52:25, 53:15, 53:21,
57:6, 57:14, 57:25,
60:17, 73:7, 80:12,
80:16, 81:5, 81:7,
82:6, 82:12, 83:7,
83:14
ZUCKER [2] - 1:18,
2:4