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3 7 1 case with prejudice. 1 ‘THE COURT: I'm not Interested in the Florida 2 ‘What's really important is the case that was 2 case. 3 docketed here and alleged as a true and correct copy of || 3 MR. WETZELBERGER: Well, 'm not sure if you “*\ the note Is absent an endorsement. Yet in the ‘08 4 are interested that Christopher Zels is the same ‘ase, roughly about two years ago, a similar case was 5 signature on this note claiming it's @ true and correct 6 docketed with an endorsement, I don’t know if it was 6 copy. There he was the vice-president. 7 blank M &T or what but i's missing, 7 MR. PATE: Objection. a Tunderstand negotiable instruments. 1 8 MR. WETZELBERGER: Here, he's — 9 understand what's going on, and Christopher M. Zeis, 8 MR. PATE: Objection. 10. who was In that fraudulent cose in Florida — 10 THE COURT: Tm not trying a Florida case. 1" MR. PATE: Object to this. 1" MR. WETZELBERGER: I understand but the 2 ‘THE COURT: Sustained. 12 Florida case has bearing anc judicial notice that they 8 Please argue the case, sit. 43. came into court with unclean hands. Copies are 4 MR. WETZELBERGER: Christopher Zels signed ong |14 inadmissible. Copies are inadmissible in a court, if T 48. of those assigned mortgages. 45 object to the copies, and I want to see the original, 6 MR. PATE: Objection. 46 ond I want to see the original. They have had multiple 7 MR. WETZELBERGER: And that Christopher Zelsf [17 opportunities to produce the original prior to this 1B signed this note as true and correct. He was involved 418 case, They never did. They don't have the original. 19 in this case es well. That was dismissed with 19 Tean go through the Code. I don't want to 20 prejudice. 20 take the time. 1 demand to see the original. Thay 2 THE COURT: Allright. 21 don't have those now, later or never. They are not 2 have seen the various notes that you say ere | 22 going to produce the original. 23. not the same. What do you want totell me about the | 23 “They entered the case two years ago with a 24 substance of your argument? 124 copy of the note, They'll have you believe and me 5 MR. WETZELBERGER: The substance? The 25 believe two cifferent copies of the note are okay. : BALTIMORE COUNTY CIRCUIT COURT BALTIMORE COUNTY CIRCUIT COURT y 6 8 1 plaintiff doesn't have standing, The plaintiff carne 1. Wes not okay, It's fraud, Iwantto see the 2. Into court with unciean hands. They brought this, 2 original, the original note and the originai deed of 3 complaint knowing that M & T does not have any standing | 3 trust. 4. whatsoever. I sent them a RESPA request. It's federal 5 This matter has been settled. Legal funds 5 law. They did not comply with the servicing agreement 6 were tendered. Multiple opportunities have been given J | 6 and the chain.of custody of the note. None of that has | 7 M&T to settle this case, anc they have not, and we've 7 been produced. ‘They have had multiple opportunities to 8 got two different copies of the alleged original notes, 8 dothat. Yet they stil docketed a nonjudiciat 9 and pursuant to the UCC ~ I've got all of the codes, 9 foreclosure and they're complicit inthe crime. They 40. You can look. 10. have been warned multiple times. " I demand to see the original. T have given 14 1's all public record, Its all n the 12. them multiple opportunities outside of court to save 12 exhibits. Once again, I apologize to you for gettin 43. the courts time to produce the original. They never 12 itto you at the last minute. I want to give you time 14 have. We have got two different copies: One in the 14 toread it. Obviously, you haven't. It's very 48 '08 case and in the ‘10 case, Two different copies. 18 important. It's clear. Personally, I know the Florida 16 They want to say they were both true and original 16 case doesn't control, but the exact same circumstances 17 except they are counterfetts, They aren't the 17 occurred in that Forida case, which was just 18 original. 18 dismissed, and you have the same guy alleging in the 19 ‘You've got a case in Florida with the exact 49° affidavit under penalties of perjury its true and : 20 same thing where the exact same bank got dismissed with |20 correct except he was just the guy in the same case 24, prajudica, August 19th, a week from now, they're going 24 that was dismissed. He's not credible. He can't be }) to have an evidentiary hearing to determine sanctions. | 22. relled on. es ‘THE COURT: You're talking ebout the Florida 23 You've got a case without an endorsement, 24 case? 24 Magically, if you understand endorsement of notes, 2 MR. WETZELBERGER: Yes. 25 where is t? They want you to beileve it's two copies l BALTIMORE COUNTY CIRCUIT COURT BALTIMORE COUNTY CIRCUIT COURT Sariapao TaTaTaS Pm Page 5 te Boas 2 of ashes (61 3 6 BALTIMORE COUNTY CIRCUIT COURT + @ Asthesupstite trustee, you had docketed @ 4A That's correct. 2. prior case in 2008 that involved the some notes that 2 Andyou'e aware that M &T Bank's the 3 correct ‘3 scoezsorin intrest to Mt & T Mortgage Corporation? “AL That's correct 4A. Thatiscorrect. } @ And t.am going toin.a moment stow you acopy | 5 @. And that case that you referenced that was 8 orm going to show you w note whichis dated December | 6 fled in 2008 was dsmissed by your office In January 7 22, 2006 7 ofthis year? 3 TNR. PATE: May Tapproach the witness, Your 8 A. That'scorrect. 9 Honor? 9G Andin January ofthis year as well 0 ‘THE COURT: You may. 40 approximately January the 15th, your office had 1 HR. PATE: 11. docketed another foreclosure case; i that correct? 42 Q. Task youto take look at that, and, when 12 A. That's correct. 49 youre familar with it, you can lok up. 13 QL Andtha’s the case that we're here on today? 14 A. Sure, Excuse me a second. Yes. 4A Yes. 45. Have you seen that document before? 15 Q. Andthe substance ofthe foreclosure casein 8 A Thave 16 those proceedings was @ default under the Exhibit: 47 Q._ And wien was it ntoty received in your 47 note is that correct? 48 offices? 18 A. Thatiscorrect, 49 A. Ttwould have been in connection with the 19. Mr. Dore, Tn going to show you a document 20. foractosure case that my office filed in 2008. 20. thats bean labeled as Subatiute Trustee's Exhlbt 2, 21 Q. Hosit been kept and maintained in your ofice 21 and 'd ask you to take a ook att, and, when youre 22 since that ate? 22, tei wth , you can look up. 2 A. Ithas. Itwas our 2008 file. 23 A. P'mfamiliar with it, 2 MR. PATE: I'mgoing to offer It as Substitute | 24 Q._And this Exhibit 2 was fled as an attachment 25 Trustee Exhibit 1. . 25. tothe order to docket that was fled i the cose we're BALTIMORE COUNTY CIRGUIT COURT BALTIMORE COUNTY CIRCUIT COURT . 14 16 4 (Whereupon, Paintif's Exhibit Number 1, 9 4 hereon today; is that correct? 2 note document, was marked as Paints 2A. That's correct. 3 Exhibit Number. ) 3 MR, PATE: Exhibit 2, Your Honor, for purposes 4 THE COURT: It willbe admites but would you | 4. ofthe record I will offer into evidence, 5. Identity spectcally what the document s? 5 ‘THE COURT: Again, what is that? Just 6 THE WITNESS: It’s entitles Interest nly 6 idenaty it. You don’ have to describe the whole 7. Pariog Fixed Rate Note dated December 22, 2006. 1's 7 document. 8 referenced to 1926 Wison Point Road, Middle River, 3 THEWITNESS: Interest Only Period Fixe Note. 9 Maryiand 21220, Promissory note in the amount of 9 Aphotocopy of it. 40 $436,000 executed by Todd G, Wetzelberger and 10 THECOURT: Exhibit 2 wil be admitted. witnesses, and the fourth page attaches a sion "1 (whereupon, Pains Exide Number 2,2 AZ affidavit executed by Tadd G, Wetzelberser. 42 note document, was entered as 1% MR WETZELEERGER: Objection, YourHionor, | 13 Paints Exit Number 2. ) 414 This signature must be authenticated. 4 MR. PATE: 45 THE COURT: Overruled, He's describing the 48 Q. Mr. Dore, are you familar withthe difference FPrxgcument, Just nish up. 1 ust wanted to know. 46 between Exhibit and Ext 2? 7 THE WITNESS: Fourth page, Siznatue/Niame |17 A. Well, Exhibit isthe orlsinal note as on the 48 Afidavt which is executed by Todd G. Wetzeberger as |_| 48. third page of the document - 19 well WR. WETZELBERGER: Objection, YourHonor. Mr, 20 MR. PATE: 20. Dore wast at the dosing. He didnt winess the 21 @. Whowasthe lender under Exhibit 1, Hr. Dore? [| |21 signatures. He cant attest its the origina note. |) A. M&T Mortgage Corporation. 22. tes hearsay, Its his opinion, ‘ss Q. The substance ofthe forecosure action 23 THE COURT: Overruled. 24 docketed in 2008 was 8 default under Exhibit 4; that THE WITNESS: Exhibit 1 i the original note 25 correct? 125. and exhibit 21s a photocopy. The difference ison BALTIMORE COUNTY CIRCUIT COURT eer Pepe ower Elev = ® 7 1 rage oft eocumeto ce ere s30 4 weeberse. 2 cease mayteveode mtiosreaumesene! | 2 MR WETZELBERGER Obeston, Your Honor. 3 bymarromoy 3H smith cere. In 2 rishenany, tw brews ratte oie mse ® GAME thecpy snk mang The PY Mista apie ne oewnee } doesn’t have the endorsement, 5 first-hand fact witness, Pie Secon Ove . Wnyas Baw 2 fen 2010 cas? , rate Sa ee Tce cestr a rered ts tcy] | 8G. Dam Ihe plead be yo ascent 2 senteswcnpyatthe documents tough mec tmeging| | Uotsten lnfed es Subsiue Tues EXE 410. ayotem ESTES would have wen the imegeTarts || 40. 3, Aer yeu've hod an opprunty reve ta, you 12 GeaRioserent con applied othe nearer ft cnlskup. Stetovennat enptontunrtieorigmtents {12 A thave reviewed 4s in our file, which was sent to off-site storage. 13 Q. Can you describe for the court what Exhibit 3 fa Besser bowguetwcr forthe aoa emeconre f° (44? {2 weldone sa ae woulhave dacovered that angel |#5 A Thistsa copy of the cored Dectratonat 16 notoums sill norte. {6 Subattae Tasenetopanting mse ond ether pce our wae; when weclsmis, we send |47-etiomeye in mein se Suattute Tustoee under the 4 the org aecomene tact tne clot, inens [48 coco tus which the sus for te neta. {@ quatecnutheMawastnomatinciregewead (#9) Meswes emedednthelnd recon of Slain oe sina eta ms cues | ol eaasnss eine i carwnen wopulegtte 200 cats anda Wetziberper [21 Ay Thatscorec 22 tlcanseton ere we dscovered the atgnat nae [22 Tm goats offer subsite Tater's Zoo el nor fle, esenaty. 2 ris Sue aden, Yor oer mea acyl tcendmrent tat yu t a re coum Bas vl be add 2 miveceduaeontenetetoameaeneeny (25 Whewpen Palate Babe Mote 2 SALTUORE COUNTY GRELET COURT GALTWORE COUNTY GACUT COURT = =m 4 ner detncnn betwen be tra BOE 28 1 sutra ute docs, na entared 2 exh, ens omens te Same domes? 2 Paes eb er. 3 Ar COURT Com, berets reverb 3g NRLPATE: trove Aer gusts 4 ae, my tae cay of a as bn peed 4 SaecouRT Me Wamtbayer you en ak f nase Bevaest 5. Dar ery qustons cee aay Crome DAMMATION BY Wr WeTER EERE 7 SReCOURTY IPs han fr mete aly bore ern you pee site desra 2 andes ats gong en winoutheiny sein were ot aleped patron at oral ot as pe opalby me 0 eae tntanesun tam at 2ige | |10 A. ho Mie Petes erpupones cfc rcors There) [4¢ Gi wereyou Bere winesthe gang ofthe {2 dntpeocbetre he Doecoyis fee documenst | [12 denote {3 couttelcing t,andihoe nnoerten On end. | |S As mee 44 “Tworandrcescec soéecsaiwempare wins | [16 Gold you pesoraly wines atte ithe 38. Demi ent nic cae 15 posure 7 Dany ogi! ea or to te ecoun Oy. {2 Suter ugh tal aonmig eas te cee i oseraa 18 Q. Mr. Dore, do you recall my question? 18 A. I'm not sure I understand your question. Did 12 A veo Youve catngwnetvertoeres any \49 ‘Tweeasie a ane nen aac meen el ont ive cae ant 2, endoesmane Treyre nee Thoyrecroatythesame, {| ve wines Rend you weer a be dengan } promissory note for $496,000 and sets forth the dnt witness me sting that note, the orignal note, ‘23° interest rate, the terms of repayment and provides for you're taking it on the word of M & TBank that's the 24 groves of eect ope aure tpay those rat Stal at? 2 lead both hear he petires of MR-PATE objection ALTINORE COUNTY CRU COURT GALTRAORE COUNTY CRGUT COURT ae TEES eer Ey BALTIMORE COUNTY CIRCUIT COURT. 1 ‘THE COURT: Overruled. 11 funds were tendered to an escrow agent and I demanded MR. WETZELBERGER: 2. te original note back. 3G. Based on the aft of Christopher M. 3 “That Notice of Counterfeit Securty was |, 22s, who signed the affidavit that R's 2 true and 4) rected to you and gave you ten days to respond tothe: ? correct copy? 5 counterftt security, Tt was addressed to you and the 6 A. Tewassent by M&T Bank. Yes. 8 Substitute Trustee. If you didnot respond and ignored ler @._tryou could explain how Christopher Zets 7. that contract in ton cays, then you were bound by the 8 signed an affidavit stating thet's a true and correct 8 contract. 9 copy of the one that was missing the endorsement? 9 MR PATE: Objection. 10 A. think it gets into what your term 10 ‘THE COURT: I'm going to sustain the 11 and correct Te ts a true and correct copy of the 411. objection, You're making argument. You haven't asked 42 document that was signed on December 26th, Tthas thd | 12 a question. Whatis your queston? 43. same terms and same provisions, It's a true and B JMR, WETZELBERGER: Tasked him if he received 14 correct copy of the original Instrument. It was 44 the Notice of Counterfeit Security because T have the executed by you In connection with your borrowing this | }15 card that he responce ~~ that he received I. He money. 16 dice't specifically answer that question. @. tsnot the original. 17 Q. You don’t know if you recalved the Notice of, A. Isa true and correct copy. 18 Counterfelt Security? @ Soa copy is not the original, correct? 49 A. As Tpreviously stated, you sent me 2 number IMR, PATE: Objection. 20. of notices. You're speaking of something but you're THE COURT: Overruled. 21 not showing me what itis se I don't know to what ‘THE WITNESS: No. A copy Is not an crginal, 22 you're referring. ‘That's correct 23 Q, Win te record as Exhibit A MR, WETZELBERGER: Correct. 24 A. That's notin front of me. Without seeing it, Q. Therule ~ and I Just want to make sure. 25. Xean't testify whether I have seen itor not. I'm not BALTIMORE COUNTY CIRCUIT COURT, BALTIMORE COUNTY CIRCUIT COURT 2 Ey Forgive me. 1 want to make sure 1 have the rule here 1 sure what you're referring to, asfaras— 2 Q._ Did you receive ater that, approximately ‘THE COURT: If you have a question, meke sure 3 about a month later, a Notice of Counterfeit Securty ‘you're not giving a statement in your question. 4. Notice of Default? Oey? 3 A. Yousenta number of notices to my office, Ask a question. If you need to argue 6 sir, What you're speaking of you have to show to me so something later, you can do that, but don’t make 7 Teansee, lergument through the witness. 8 GQ. Fairenough, It'sin the record, Your Honor. 9 MR, WETZELBERGER: @ Shall bring the original up here now, if may? 10 Q. Hr. Dore, did you receive Hetice of 10 ‘THE COURT: Yes, sir. Are you approaching the 11. Counterfett Securty January or February before this 41 witness or civing me something? 12 case was docketed addressac to your office as 2 MR, WETZELBERGER: Approaching the witness to 19 Substitute Trustee? 43° give him the original. 14 A. Theraare a number of notices you sent tomy [14 ‘THE COURT: Sure. 15 office. 15 MR. PATE: Can I see please what you're going 16 Qo you recal receving a Notice of 18 to show him? 17 Counterfet Security? 7 MR. WETZELBERGER: Sure. 18 A, Trecall receiving a number of notices from 18. Doyou recall receiving that? 19° you, sir. I'm not sure which one specifically you're 19 ‘THE COURT: Keep your volce up, sr. Tcan't / 20. speaking of. 20 hear what you are saying. @. olay. an MR, WETZELBERGE! Wel, that Notice of Counterfeit Security 22 Q. Do you recall seeing that, Mr. Dore? 23° identited mattple instances or multiple prior 23° A. (Examining. ) 24 Instances where a RESPA request was sent to & T Bank 24 ‘THE COURT: What Is that? 25 notice of Default in the Public Record, Legal tender 25 (MR. WETZELBERGER: Notice of Counterfeit : BALTIMORE COUNTY GIROUMT COURT ‘SapaTfROR THINS Pe Pope Hwa oTTS ey a 1 Security. It's Exhibit A, sir. 1 Q Mr, Dore, 1 asked if you received this Notice 2 THE COURT: All right, 2 of Counterfelt Security and Notice of Oefauit? 3 ‘THE WITNESS: May I'see my file, Your Honor? | 3 ‘THE COURT: First of all, would you describe ‘Just want to compare what's in the two of them. 4 Ita little bit more so I can get # copy? : MR, PATE: Tan get that for you. 5 MR, WETZELBERGER: Yes, sir. 6 THE COURT: So cen keep ahead of things, Mr. | 6 ‘THE COURT: To vihat motion or such was this "7 "Wetzalberger, is what you're showing him as Exhibit A 7 attached? 8 what is part of the packet that was filed with the 8 MR. WETZELBERGER: Exhibit C, It was attached 9 court yesterday? 9 tothe original motion. 10 MR, WETZELBERGER: Correct, Your Honor. 10 ‘THE COURT: All right. 14° Correct, " Lat me get that in front of me then. 2 ‘THE COURT: That's May 14th, 20107 2 MR. WETZELBERGER: I'm pretty sure, Your 13 (MR. WETZELBERGER: It should be January 24th, |13 Honor, that whole stack ~ f tried to put that in order 14 Your Honor. The Notice of Counterfeit Security. 14 for you so it flowed with the most recent motion with 15 ‘THE COURT: That's a different Exhibit Athen, | 15 the exhibits behind it, A, B, C, O, yesterday. 16 MR. PATE: It's the same one. It just doesn’t 16 THE COURT: I'm familiar with it. 7 say that, It's the Exhibit A that’s attached to his aU MR, WETZELBERGER: 18. notice of the motion. 18 Q. Once again, Mr. Oore, did anyone -- I take it 19 THE COURT: Okay. 19 from your prior answer no one felt the need to respond, 20 Allright. 20 or Eshouid ask the question, Old anyone feel the need ca ‘THE WITNESS: Mr, Wetzelberger, I know you [21 to respond to that notice of default? 22, sent a number of correspondences to my office. This 22 A. Yes, did, T responded to you March 22. 1 23. appears to be one that I have seen in my file before, 23° wrote you a letter. 24 ‘Thonestly don’t remember receiving it, but, yes, It 24 Q. May I see 2 copy of the letter please? 25. jocks exactly like one of the document that you sentto [25 =A, Certainly, - BALTIMORE COUNTY CIRCUIT COURT. BALTIMORE COUNTY CIRCUIT COURT Fe 28 28 1 cur office, 1 ‘THE COURT: What's the date of the letter 2 MR. WETZELBERGER: 2 please? 3 Q, Forthe record, who is responsibie for 3 ‘THE WITNESS: Merch 22, 2010. 4 responding in your office to notices sent to one of the 4 MR. WETZELBERGER: Your Honor, for the record, 5 Substitute Trustees? Would that be you or one of the 5 this response, I assume, is not a notice of removal. 6 others that respond to these notices? 6 ‘THE WITNESS: May Isee it? 1 believe it 7 A. We would review the notice and determine | 7 references receipt of the March 15th and March 16th 8 whether it merited 2 response for not, X would do | 8 correspondence, Unfortunately, you are not empowered 9 that. 9 under the terris of the trust to take the actions which 10 @. Forthe record, you determined this did not 10 you assert in your correspondence. 11 merit a response? 1 ‘Accordingly, It is our intent to proceed with 12 A. That's correct. It had no legal basis. 12. the foreclose action as a result of your default under 13 @ For the record, this Notice of Counterfeit 13. the terms the Oged of Trust and Promissory Note, If 14 Security states in here it's a conditional acceptance. 14 you have any questions, contact the undersigned. 15. In a proof of claim they have ten days to respond, Mr. |15 ‘THE COURT: Would you please mark that as an 16 Oore. 46 exhibit for identification ~ "7 For the record, neither Mr. Dore nor any of cd THE WITNESS: Certainly, Your Honor. 18 the Substitute Trustees responded to this Notice of 18 THE COURT: — because I can't find it. 19 Counterfeit Security? It very clearly laid out the 19 ‘THE CLERK: This Would be Plaintiffs 4 20 fraud of M & T Bank, As an officer of the court, they 20 (Whereupon, Plaintiff's Exhibit Number 4, 2 94. had @ duty to report that fraud, They did not and this | 24 etter document, wos marked as Plaintiff's _J Was received prior ta docketing this '10 case, Your 2 Exhibit Number 4, ) 23° Honor. 23 THE COURT: ~ for identification. 2h ‘THE COURT: Oley, sir. 24 THE CLERK: Yes, 2 MR, WETZELBERGER: 28 MR. WETZELBERGER: BALTIMORE COUNTY CIRCUIT COURT BALTIMORE COUNTY CIRCUIT COURT Teta areas Page 25 to 28 of SS € tas ‘Ca/AT/ROH4 2THRS PH 3 35 1 the document that said M & T Bank did receive the 1 MR. WETZELBERGER: Fair enough. 2. qualified request. He sald he read this, 2 @ So, forthe record, you had not witnessed the 3 THE COURT: I'm going to sustain the ‘3. original signature on the note when you signed as @ ‘\ objection. You can make argument later, Is there 4 true and correct copy. Al you took ~ you have not ? anything ose? He's already sald he does not recognize 5 witnessed the original signature. You did not witness ‘6 the document that you put in front of him, 6 mesigning it 7 MR, WETZELBERGER: Fair enough. Gear with me | 7 A. I'msorry. T'mconfused, Bone moment, Your Honor. 8 ‘THE COURT: I'm going to sustain k. You have 8 oy asked Ie twice, I¥s been answered twice. He did not 410 @. Hr, Dore, so just to restate, you were not at 10 see. 11 the settlement. You were not atthe closing to witness 1 MR, WETZELBERGER: 42. the signature on that note, comet? My signature? 12 Q_Doyouhave first-hand knowledge that the copy 13 MR. PATE: Objection. Asked and answered. 413. that you reccived from M & 7 Bank is the orlginel note? 4 “THE COURT: Overruied. 14 A Hmm, hmm, 15 ‘THE WITNESS: Correct. Iwas not atthe 48 Q_ Did you witness that note in the vault, or are 16 settlement when you borrowed the funds from M & Tank, | 16 you Just taking it on faith that you got itm the 47 That's correct. 17 mali it’ the original note, and M & Ts saying i's of MR, WETZELBERGER: Objection. 48 the original note? 19 You'reallaging borrowed the funds, Can you 19 A. Tewas provided to me by my cliert. 20. please restate that? 20 Q_ Soyou cant verity the authentioty of tat 21 A. Twasnot present at the closing of the foan | 21._note, the original note, as being true and correct? 22 from M& T Bank to you where you borrowed $496,000, [22 MIR. PATE: Objection, Asked and answered. 23. That is correct. 23 ‘THE COURT: Overruled. You may answer It one 24 G. You'remaking an assumption that a foan was 24 more time. 25 made by M & T Bank? 25 ‘THE WITNESS: Thavetthe original note Thad BALTIMORE COUNTY CIRCUIT COURT BALTIMORE COUNTY CIRCUIT COURT Y Ey 36 4 A. No, sin, I'm not, 1. the original notein the 2008 fle, which had an 2 © Q._Whatis that statement based on? 2 origina signature on it. I reviewed that note, Yes. 3 A. Areview of the legal documents that you 3 MR, WETZELBERGER: 4 signed. 4 @ 1yust want to make sure 'm clear. That note 5 @. And? justshowed you @ commerdat loan, 5 that you're claiming isthe original note in the 2008, 6 correct, from Jon Schieber. 6 fle you're stating under oath isthe original note? 7 A. Youshowed me adocument thatyou prepared, | 7 A. Yes. 8 Q. Its commercial oon. 8 —@ Youhove firsthand knowiesige of that? ‘THE COURT: What is a commercial loan? 9 A, Ttisam original document. Yes. Ttis an fio MR. WETZELBERGER: It's under the the 40 orginal note. Yes. 414 penalties of perjury being true and correct. On three 11 Q. Youwinessed ~ I don't want to ask again, 42. different occasions tender of payment was made to ™ & 412 Your Honor, If he seid ~ he says It's the original 131, and M &T falled and/or refused to produce the 13 note. He wasn't there, Didn'tsee it. Doesn't have 44 original note. 14 firsthand knowledge but just claimed t's the orginal ‘They were sent the Notice of Cefuit. In the 415 note, Your Honor. 18. Notice of Dofauit that was ali spelled out and In the 18 MR, PATE: Objection. 47 Notice of Counterfeit Security, and you flied and 1 ‘THE COURT: I'm going to sustain and, 18 refused to answer. 418 agamn, you've made argument, F'tnet going to alow 19 MR. PATE: Objection 49 you to repeat thet in closing. . 20 ‘THE COURT: 1'm going to overrule the 20 Okay, str? 21 objection, but, Mr. Wetzelberger, again, you're making a 1 sustained the objection. You can ask your argument, and I'm not going to allow you to make the 22 next question. ‘same argument after the witness is excused so, Ifyou 23 MR, WETZELBERGER: At this tme Ihave nothing get into this again, '™m going to rule you have arendy 24 further, Your Honor. ‘made your argument now. 25 ‘THE COURT: Thank you, Mr. Wetzeberger. BALTIMORE COUNTY CIRCUIT COURT BALTIMORE COUNTY GIRCUIT COURT ‘oF a shoes Faw IT Elbe mar r i 2 3 4 5 6 7 8 9 10 " 2 B 16 8 6 " 8 ) without standing. They alleged an original note. I's a Mr, Pate, anything? MR, PATE: Nothing further, Your Honor. ‘THE COURT: You may step down, Mr. Dore. ‘THE WITNESS: Thank you, Your Honor. THE COURT: Mr. Pate. MR. PATE: I don't have any further testimony, ‘Your Honor. ‘THE COURT: Okay. MR, PATE: Till argue at the appropriate time. THE COURT: Mr. Wetzelberger, do you have anything else? Any rebuttal to the evidence put on by the plaintiff in this case? MR. PATE: Judge, just for purposes of the record I would move Exhibit 4 Into evidence, whieh was: earlier testfed to. 1 think the court has it in front of It. That was the letter. ‘THE COURT: Ido. That was for identification 0 you're moving that in? MR. PATE: Yes, sir. THE COURT: Allright. (Whereupon, Piaitif's Exhibit Number 4, 2 letter, was entered as Plaintiff's exhibit Number 4. ) THE COURT: Mr. Wetzelberger, MR, WETZELBERGER: Yes, Your Honor. To recap, BALTIMORE COUNTY CIRCUIT COURT 38 this case was brought into this court ‘THE COURT: First of all, do you have any more evidence to produce or are you making argument now? 1 ‘want to make sure, MR. WETZELBERGER: I'm sorry. Did you receive ‘the Notice by Affidavit of Felony Crime that was part ‘of that packet? You may not have looked at it yet. ‘THE COURT: Tve got alot of stuff E got late {in the afternoon. MR. WETZELBERGER: Notice of Affidavit of Felony Crime was sent Friday by Federal Express packet. It's in the packet. THE COURT: Allright. Thave your packet. I'l be taking a look at it MR. WETZELBERGER: That's Itfor evidence at this time, Your Honor. ‘THE COURT: Okay. Do you wish to wrap up? MR, WETZELBERGER: Sure, Sure. ‘Your Honor, the plaintiff brought this case rot an original true and correct copy, oF i's not an original note. Excuse me. Its not an original note. Mr. Dore just stated for the record that he BALTIMORE COUNTY CIRCUIT COURT 39 received it in the mail from M &T Bank. M &T Bank Was sent multiple notices of opportunities. Funds were tendered with an escrow agent. It’s a common mortgage. Honor, I'l try to be brief. The note was never returned, I'ma real estate investor. I've paid off 30 or 40 mortgages. I never got an original note back. Idon't know why. Ihave been in the business @ long time, ‘To save the long story, I did a lot of digging In the last year, T understand that notes are money. ‘They're routinely deposited lke a check. They are ‘endorsed and sold. That's why nobody gets the original note back. ‘Most people -- Ehave been in the business. 1 didn't even know it. T started vith all of these prior lenders, 1 ask, can 1 have the note back and they send ‘me copies. The reason Is the note Is money. ‘That note that Mr. Dore cialmed is th original is not the eriginal, Your Honot. M & T Bank has multiple notes end many opportunities to present the original note, and, further, the original deed of trust. They have got a copy from the public record. ‘The original deed of trust has most likely been bifurcated, which means It had been split up. When the deed of trust and note is sold off, the BALTIMORE COUNTY CIRCUIT COURT 40 ‘mortgage becomes a unsecured trust. It becomes -- I'm’ ata loss of words. Unsecured. I'm sorry. It's unsecured, If you notice, the note that was presented In this case, i's true there's no original deed of trust, and that note cannot be admitted here as the original. ‘Mr, Dore doesn't have firsthand knowledge. It's a copy. Unies someone here has firsthand knowledge to, attest to that, then it's inadmissible. ‘The affidavit -- and Twon't go back to the Florida case, but the affidavit of Christopher Zeis attesting t's a true and correct copy, It's obviously not the same one they submitted two years ago In the prior case, ‘Mr. Dore would have you believe it was 2 rristake, Tt could be on Mr. Dore's part. Tit give them that, but M & T does not have the original securttized note. It has been sold and deposited and sold. ‘There's no consideration but I stick to this case, This case was docketed and the plaintiffs did not have standing. [e's apparent. know you don’t want me to reference that Florida case. I) hhave to come back to It after the ruling on the 19th, but that's a very, very important consequence, BALTIMORE COUNTY CIRCUIT COURT a a 1 THE COURT: I didnt say you couldn't 1 MR, WETZELBERGER: Judge, I'm sory. reference the case. said didn’t went to try thet 2 Paragraph 37 in the brief, Commercial Law case. 3 Article 3 - 308 (a), In an action with respect tothe MR WETZELBERGER: Felr enough. Ididnt went fj 4 Instrument, the authenticity of, and authority to make, ) to put words in your mouth. 2€s very Important 5 each signature is adrittd uniess specicaly denied 6 because the same Christopher Zais that signed this true | 6 inthe pleadings. 1f the validity ofthe slgnature is 7. and corcect copy in the ‘10 case was Involved In that J. denied in the peadings, the burden of establishing ‘8 case there, That's why. £ don't mean to beat & dead validity is on the person claiming validity. 9 horse but It's the same guy. 8 Tn this case It's either Christopher Zeis 10 1f you'd read the record from the order, that 40 Mr. Dore, He's not a competent witness. He's not 2 41 fat assignment three diferent times was found to be | 14. competent witness to attest to that signature or the 42. fraudulent, and Christopher Zels was on that 42 original. 1 think that I'm going over the last couple 43. assignment. Its the same guy that signed this note as [13 of things T seid. Two more things here. Once again, a 44 a true and correct copy. 14 copy of. 8 think you can make — thats 8 fect. You 18 One ofthe other requirements of fling 2 46 con make one inference from the fects, and the 46 foredosure case is a copy ofthe DOT, Deed of Trst, 47 inference ~ you can draw your own inference, but 47 the note and affidavit a copy ofthe debt instrument 418 Christopher Zels has got some explaining to do, and 48 certifying t's @ true and correct copy,end the debt * 49° thet affidavit, whichis one ofthe Pieces to the 49 has been settiod 20 fing ofthis case here, once again, f'shearsey. 20 1 know tt may sound lke @ foreign concept but 21 Ws inadmissibie, 21 under the UCC funds were tendered. They were refused 2 ‘The plaintifs have not checked tt off thetr 22 and M &T Bank dishonored. Legal tendered funds were 23 list to dacket 2 case. As an operation of law, the 23 were tendered. They had ten days. They didn't. They 24. case should be dismiscad. They don't have standing. [24 had 15 days to produce the note. They dkdn't. They 25 They haven't produced the orginal. When the originals |25 are dishonored under the UCC. It’s 3- 603. BALTIMORE COUNTY CIRCUIT COURT BALTIMORE COUNTY CIRCUIT COURT y 2 4 4° are questioned, they have to produce the original 1 “The final UCC Code that T want to reference 2 according tothe rue, and the rule fs in -- would you 2 here is the Maryland Paragraph 46 Maryland 3 - 502, 3 ke me to state the rue forthe record? 3 which I the local UCC --(b) 2. Upon demand of the 4 ‘THE COURT: Ifyou want to state it for 4 person to whom presentment is made ~ that's me ~ pay 5 record, sure. 5 us or 'm going to take your house, the person making 6 MR. WETZELBERGER: Iwill Bear with me fora \ | 6 the presentment, M&T Bank, must exhibit the 7. second, Your Henor. Rule §- 19002, When the originat \} 7 Instrument, sign a receipt on the instrument and 8 note the legal maxim here Isa thing similar Is not 8 surrender the Instrument when full payment Is made. 9 9 M&T had an obligation to collet legal 0 ‘THE COURT: What is the authority? You gave 10. tender and they dd not. 1 won't go inte the whole 11 me a section but what is the actual code? 2 MR. WETZELBERGER: Maryiond Rules of Evidence.| 13 Maryland Rule 5 - 1002. When the original note Is 14 demanded -- Payment, This note has been paid. They refused to provide the original note. In this case here plaintiffs do not have standing to even bring the case, and they were noticed 15 THE COURT: Sure, Thank you. 15_ prior to fling the case ofall ofthis fraud committed 16 MR, WETZELBERGER: To that point, when one of |16 by M&T Bank, Yet Mr. Dore flled and refused to 47 the steps to file aforaciosure case here -- i's part 47 answer that Counterelt Security and said it looked 48. of the real estate law that in order to docket, It 18 mertiess, 419 shail be accompanied by the originator a certified 2 But he's an officer of the court: He has” 20 copy of the mortgage deed of trust, and they don't have )}| 20 duty. He has a duty to respond and he dkin't and he 21 the original. I want to see the original. Coples are 24 stil brought the case, ore, as Substitute Trustee, _)inadmissibie. 22 brought the case after they were noticed ofthis, and M a ‘And the last rule that 1 want to state here is 23 &T has defaulted in mutiple ways, incuding the 24. that Commercial Law Maryland Artide 3 - 308 (2.) 24 Federal Law of RESPA, Tie Law and Truth in Lending 25 ‘THE COURT: You're speaking way t00 quickly, “4 | 25 Act, BALTIMORE COUNTY GIRCUTT COURT BALTIMORE COUNTY CIRCUIT COURT. rors Tape wa E(k ‘05/37/2011 T2VAZE PR ae 1. om that, and to go further I'm going to provide the 2. court with the Metropolitan Mortgage Fund case, which 3. addresses Section 3 - 308 in the form of Its predecessor, 7 ‘THE COURT: Counsel, I have that in front of 6 meas.a commercial lew article in front of me. 7 MR. PATE: Yes, si. One must refer to the 8 presumption under 1 - 201 of the Commercial Law Article 9 to determine what, in fect, that means, and under 1 - 40 201 of the Commercial Law Article under Presumption, 11. Section 31 means the trier of fact must find the 12 existence of the fact presumed unless and until some 13. evidence is produced which would support a finding of 44 its nonexistence. 15 In the Metropolitan Mortgage Fund case — and 16 the reason 1 provided it to the court is that argument 47 about authenticity and authorization and putting itn 48. the pleading is not sufficient. ‘The Metropoiitan case 49. said the effect and purpose of the presumption is found 20 ini the Comment to Section 3 308, and, Your Honor, 1 21 apologize. I'm reading from Page 77 of the opinion, 22, which Is Page 7 of what the court has. ‘THE COURT: T have it In front of me, MR. PATE: The effect and purpose of the preiumption is found in the Comment to the Section. BALTIMORE COUNTY CIRCUIT COURT Ee 50 1. This is the second full paragraph. The Comment 2. indicates that until so rruch evidence is introduced 3 that would support a finding that the signature is 4. forged or unauthorized, the plaintiff Is not required 5 to prove that such signature Is authentic. 6 7 8 9 “RRB Mr, Wetzelberger would have us present to the court MR. WETZELBERGER: Objection, Your Honor. ‘THE COURT: What's the basis? 10 MR. WETZELBERGER: The proof of the signature 11. cannot be authenticated. He sald “forged.” 2 THE COURT: He's making argument. Tl give 13. you one last opportunity to respond but let him finish 14 first, 48 MR. PATE: Thank you. 16 Clearly, Judge, the defendant has not carried 17 the burden that he is required to present to the court 18 by the pleadings which have been presented to the court 19 here today. Accordingly, I would ask the court to deny 20 the rellef that the defendant seeks. ‘Thank you, Mr. Pate, 3 Mr. Wetzelberger, I'll give you the final 24 opportunity ~ not to restate what you have already, 25. but to respond to anything that Mr. Pate has just BALTIMORE COUNTY CIRCUIT COURT a argued. MR. WETZELBERGER: Thank you, Your Honor. ‘THE COURT: I understand your argument very clearly but anything in response to what Nr. Pate has just aid? MR. WETZELBERGER: tbe brief, This case that Mr. Pate just handed to me, Metropoiten Mortgage here, the presumption, i’s on Page 2 at the bottom. 1 +201, The ter of fact must find the existence presumed until evidence is found that would support @ finding of ts own existence. T brought the origina to show there's ample public record evidence that on multiple opportunities M '& T Bank hai a chance to bring forward the original. ‘They have not. They're in dishonor. Funds have been tondored, They falled to qualify with the RESPA qualified request. The RESPA qualified request Is about 20 pages. ‘Al Lwant to see isthe Pooling and Servicing ‘Agreement, if we have to continu this until a finding of facton the chain of custody ofthe note. None of that has been produced so that withthe burden coming back to me in 1 - 201, 1 would argue that the burden is cn the plant, They brought the ease. The plaintiff brou BALTIMORE COUNTY CIRCUIT COURT 52 the case, and the burden ison the piaintif to prove the existence and, quite frankly, counsel is not 2 firsthand fact witness. They have a consent from M & T Bank. They are not a firsthand fact witness. Thope we don't have to drag this out for months and months, but maybe well get tothe bottom of who ls @ firsthand fact witness. I would argue that the burden is on the plaintif to prove the case; not the defendant under 1- 201. I have evidence repeatedly proving that. ‘THE COURT: I gave him the last opportunity. MR. PATE: Okay. Fei enough. THE COURT: Okay. MR, PATE: Thank you, Judge. ‘THE COURT: I have heard enough argument. 1 ‘wanted to give both parties the opportunity ~- I have ‘lven both parties the opportunity to present whatever ‘they wanted to inthis heering today and make ergument, , but Ido want to look at the documents that have been presented, and there's # whole packet, probably, easy a half-inch thick, delivered to the file Yesterday, and there's other exhibits which have been referred to that want ta take a look at so T'm going to hold this matter, and I ill make a decision, T'm going to hold BALTIMORE COUNTY GIRCUIT COURT Danae Pope wT SS € 164 DafkrPaDa T2TeTS PM

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