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

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32123456789101112131415show me the loan is in default, it hasn't beenpaid, and he owes the money. Unless somebody put agun to his head or they forged his signature,that's what I'm concerned about.If the Appellate Courts of this State want totell us Trial Judges that we're supposed to haveone day jury trials on the thousands and thousandsof foreclosure, as a court of equity for these kindof defenses, that's fine. They can do that. Andif they do that, they do that. Then we'll getbogged down with these things, and that's it.But, I can tell you right now I want to moveon.MR. BLEIL: Sure Judge, but --THE COURT: I have 22 minutes and then --16MR. BLEIL:This doesn't go to the unclean1718192021hands. This goes to the Plaintiff's standing. Howcan the trust, if the trust doesn't properly ownand hold it, then they don't have the standing tobring the suit. That's where the trust argumentgoes to.22THE COURT:The mortgage follows the note.232425If they are the holder of this negotiableinstrument, they have a right to enforce it. Ifthere's a check that is negotiated and negotiatedAlternative Court Reporting, LLC 954.832.3563
33123456789101112and negotiated, and one day I walk into the bankand I go to the bank and they look at my signatureand they go, okay it was endorsed over to MichaelGenden. That's your signature. Can I see your ID?They pay me the money. It's a negotiableinstrument. Can we move on? I mean, do what youneed to do. But, let's move on.(Off the record.)(On the record.)MS. WEINZETL: Your Honor, if I may we call ourfirst witness so that we can actually finish thetrial today?13MR. BLEIL:Ms. Weinzetl, I will represent141516that after the dialogue with the Judge, at thispoint I will conclude the proffer and rely on theexpert report and the CD.17THE COURT:Good, it's in there and if I'm1819202122232425wrong -- if I'm wrong, they can tell me I'm wrong.In fact, I relish this case going up on appealbecause I think you have a very interestingargument, which I don't agree with. But, we'll seewhat the Third District has to say about it.Go ahead, call your first witness.MS. WEINZETL: I call Cynthia Stevens, YourHonor.Alternative 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 28 and 29: 281identification.)2MR. BLEIL:Among
Page 30 and 31: 3012with my witness?MR. BLEIL:Well,
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
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924:13, 29:13, 29:17,33:12, 38:25,
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Transcript-of-Foreclosure-Trial-Ticktin - Stopa Law Firm

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