Transcript-of-Foreclosure-Trial-Ticktin - Stopa Law Firm

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161234have a family trust -- and I am using it as anexample, because this is an issue that reallyhasn't been addressed before and I want to lay itout.5THE COURT:Well, we'll let the Third6District address it.7MR. BLEIL:But, Judge here's the issue with8910111213the unclean hands it doesn't go to the trust. Ifthere is a family trust that says, 'All of Bob'sproperty for his family trust needs to be assignedinto the trust by January 1st, 2010.' Okay, great.If those -- if that res is transferred into Bob'sfamily trust, it's the same trust law basics --1415THE COURT:MR. BLEIL:Go ahead, I am listening.If that is transferred prior to1617that January 1st, that's fine. We as Bob's familytrust own that property.18THE COURT:Right.19202122MR. BLEIL: But, if there's a subsequent --and the trust is very particular saying, 'All ofBob's trust property, all of his res has to be inthe trust by January 1st, 2010.'2324THE COURT:MR. BLEIL:Right.Boom, drop dead. But, now25there's a subsequent transfer of 2012 and theAlternative Court Reporting, LLC 954.832.3563
1712345document comporting a transfer into Bob's familytrust in 2012 when the trust says, it must betransferred by 2010, and the trust is veryparticular about this. How can the 2012 transferinto the 2010 trust, you don't have standing?6789THE COURT:problem.MR. BLEIL:THE COURT:Right, but may -- but here's myYes, Judge.My problem is it would seem to me1011121314151617181920212223under your circumstances that somebody whose trustassets have been affected might have the ability tocome in and say, this has effect on me. Whatstanding does your client have to come along andsay, somebody down the line got screwed overbecause they didn't do what they were supposed todo? Your client received hundreds of thousands ofdollars, has been in this house I assume for threeor four years not paying a dime. Have you foundone judge in this state that has said, 'You knowwhat? I buy your argument and you client can livethere forever rent free, mortgage free; becausethey violated the Pooling Agreement.' Have youfound one judge that has --24MR. BLEIL:I have found no judge based on25the Pooling Agreement, but I have had number ofAlternative Court Reporting, LLC 954.832.3563
Page 1 and 2: 1123456789IN THE CIRCUIT COURT OF T
Page 3 and 4: 3123456INDEX OF PROCEEDINGSVOLUME I
Page 5 and 6: 51expert we're talking about.2MR. B
Page 7 and 8: 71the Plaintiff and Defendant, I me
Page 9 and 10: 912have an extra copy of the expert
Page 11 and 12: 1112345MR. BLEIL:THE COURT:let her
Page 13 and 14: 131MR. BLEIL: Yes --2THE COURT:-- h
Page 15: 151234court of equity happens. The
Page 19 and 20: 1912Mr. Ayala; is that correct?MS.
Page 21: 211--2THE COURT:It's a question for
Page 24 and 25: 2412345678910111213not limited to t
Page 26 and 27: 261234567891011121314loan in questi
Page 28 and 29: 281identification.)2MR. BLEIL:Among
Page 30 and 31: 3012with my witness?MR. BLEIL:Well,
Page 32 and 33: 32123456789101112131415show me the
Page 34 and 35: 3412345CYNTHIA STEVENS,called as a
Page 36 and 37: 36123456789101112131415161718192021
Page 38 and 39: 3812Honor, I'm using a copy because
Page 40 and 41: 401THE COURT:Yes.2MS. WEINZETL:Than
Page 42 and 43: 421the foundation and hearsay.2THE
Page 44 and 45: 4412testimony as foundation and hea
Page 46 and 47: 4612platform, in our imaging system
Page 48 and 49: 48123456document whether it's ever
Page 50 and 51: 5012January 14th, 2008. The complai
Page 52 and 53: 52123giving every objection? Or wou
Page 54 and 55: 541MR. BLEIL:Thanks, Judge.2345MS.
Page 56 and 57: 5612calls for speculation.THE COURT
Page 58 and 59: 581234Q. Do you know whether that l
Page 60 and 61: 601234567worked for have always sen
Page 62 and 63: 6212345MS. WEINZETL:I'll make it wo
Page 64 and 65: 64123456789101112A. Yes.Q. Do you k
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6612345issues. Evidence is one of m
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681234567MS. WEINZETL: Yes, it's th
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701THE COURT:You can make a copy of
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721THE COURT:Okay, and when was --
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1$$216,000 [3] - 14:20,14:21, 67:11
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321:7, 21:10, 21:15,21:19, 21:23, 2
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5itself [1] - 71:12JJanis [1] - 29:
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7Pooling [9] - 12:9,12:11, 17:22, 1
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924:13, 29:13, 29:17,33:12, 38:25,
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