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

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281identification.)2MR. BLEIL:Among the information that the345678910111213141516171819202122232425witness would be proffering would be that there's aviolation in the Truth in Lending. And that theLender's Truth in Lending is calculated out at10.204% and the correct calculation is 12.976%which yield a difference of $5,987.52. The witnesswould also testify to the -- would also provideexpert testimony regarding the timing of theAssignment of Mortgage which I believe my memoryserve me pre-dated this action by three days.My expert would also proffer based upon herreview as an expert in the field, after reviewingthe Pooling and Servicing Agreement that the cutoffdate and closing date provided for the Pool andServicing Agreement which is the trust controlsthis potential transaction has cutoff dates thatare -- that are years before the supposedassignment of the mortgage to the trust occur.As far as Ms. Moreland's background, and I'mgoing from memory here, Ms. Marla Moreland was amortgage broker. She underwrote loans, commercialsloans for a number of years working with KautiMortgage Company. And then also doing, I think itwas her own warehouse line of funding where sheAlternative Court Reporting, LLC 954.832.3563
29123originated and underwrote loans. Ms. MarlaMoreland is also -- also holds -- you know what ifI may I ask --45THE COURT:MR. BLEIL:Supplement that.Yeah, can I supplement with her6CD.789THE COURT:MR. BLEIL:THE COURT:Sure, put the CD in.Put the CD in there too, Judge.And maybe the Third District will1011121314tell me I'm wrong. Have you tried cases like thisbefore?MS. WEINZETL: Your Honor, we've had onecontested trial between the two of us in Palm BeachCounty.15THE COURT:How did that result?1617181920MS. WEINZETL: Well, it was Judge Janis Keyser.It was her first foreclosure trial so it took alittle bit longer, but she permitted Ms. Morelandto testify, and then ruled in favor of Plaintiff.MR. BLEIL: Yeah, Ms. Moreland -- well, I --21THE COURT:I'm just curious. It has nothing22232425to do with. All right, are we ready to go?MS. WEINZETL: Yes, Your Honor, we are. Wouldyou prefer that take the original note and mortgageout of the court file or use copies when speakingAlternative 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 and 16: 151234court of equity happens. The
Page 17 and 18: 1712345document comporting a transf
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 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
Page 66 and 67: 6612345issues. Evidence is one of m
Page 68 and 69: 681234567MS. WEINZETL: Yes, it's th
Page 70 and 71: 701THE COURT:You can make a copy of
Page 72 and 73: 721THE COURT:Okay, and when was --
Page 74 and 75: 1$$216,000 [3] - 14:20,14:21, 67:11
Page 76 and 77: 321:7, 21:10, 21:15,21:19, 21:23, 2
Page 78 and 79:
5itself [1] - 71:12JJanis [1] - 29:
Page 80 and 81:
7Pooling [9] - 12:9,12:11, 17:22, 1
Page 82:
924:13, 29:13, 29:17,33:12, 38:25,
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