Attorney Arango's Deposition Regarding Mers, Countrywide and Assignments Jan 2011

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
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CASE NO.: CACE 09 001184
d.
COUNTRYWIDE HOME LOANS
SERVICING LP,
Plaintiff,
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-vs-
MORTGAGE
ELECTRONIC REGISTRATION
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SYSTEMS, INCORPORATED, AS A
NOMINEE FOR COUNTRYWIDE HOME
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LOANS, INC.; UNKNOWN SPOUSE OF
JOHN DOE; JANE
DOE AS UNKNOWN TENANT(S) IN su
POSSESSION OF THE SUBJECT
PROPERTY,
Defendants.
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____________________________________/
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DEPOSITION OF PATRICIA ARANGO

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Friday, January 7, 2011

10:16 a.m. - 12:30 p.m.
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101 N.E. 3rd Avenue, #1500

Fort Lauderdale, Florida 33301
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Reported By:
Joyce L. Bluteau, RPR, FPR
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Notary Public, State of Florida

Consor & Associates Reporting and Transcription
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West Palm Beach Office

Phone - 561.682.0905
Ph. 561.682.0905 - Fax. 561.682.1771

1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401
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1 APPEARANCES:
2
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On behalf of the Plaintiff:
3 DAVID NEWMAN, ESQ.
LAW OFFICES OF MARSHALL C. WATSON, P.A.
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4 1800 Northwest 49th Street
Suite 120
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5 Fort Lauderdale, Florida 33309
954.453.0365
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7 On behalf of the Defendant,
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JAMES FLANAGAN, ESQ.
8 ICE LEGAL, P.A.
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1015 North State Road 7
9 Suite D
Royal Palm Beach, Florida 33411
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10 561.729.0530
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On behalf of the Defendant, Mortgage Electronic
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12 Registration Systems, Inc.:
JOHN B. ROSENQUEST, IV, ESQ.
13 MORGAN, LEWIS & BOCKIUS, LLP
200 South Biscayne Boulevard
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14 5300 Wachovia Financial Center

Miami, Florida 33131-2339
15 305.415.3423
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16
On behalf of Patricia Arango:
17 DALE L. FRIEDMAN, ESQ.
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CONROY, SIMBERG, GANON, KREVANS, ABEL,

18 LURVEY, MORROW & SCHEFER, P.A.
3440 Hollywood Boulevard
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19 2nd Floor
Hollywood, Florida 33021
20 954.961.1400
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21
22
- - -
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23
24
25
Ph. 561.682.0905 - Fax. 561.682.1771

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1 I N D E X
2 WITNESS: PAGE:
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3 PATRICIA ARANGO
4
DIRECT EXAMINATION BY MR. FLANAGAN: 4
d.
5
6 CERTIFICATE OF OATH 78
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CERTIFICATE OF REPORTER 79
7 READ & SIGN LETTER TO WITNESS 80
ERRATA SHEET (To be forwarded upon execution) 81
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8
9
- - -
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10
E X H I B I T S
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12
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Description Page
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14
15 Defendant's No. Comp. 1 MERS, Inc. Corporate 11
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Resolution
16 Defendant's No. 2 Limited Power of 19
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Attorney
17 Defendant's No. 3 Mortgage Attached to 25
the Complaint
18 Defendant's No. 4 Assignment of Mortgage 36
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Defendant's No. 5 8/27/09 Letter from 53

19 Richard Anderson to
Ariane Ice, with
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20 Attachments
Defendant's No. 6 Page Printed from the 56
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21 MERS Servicer ID
Website
22 Defendant's No. 7 Assignment of Mortgage 67
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23
24
25
Ph. 561.682.0905 - Fax. 561.682.1771

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1 Deposition taken before Joyce L. Bluteau,
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2 Registered Professional Reporter and Notary Public in and
3 for the State of Florida at Large, in the above cause.
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4 - - -
5 Thereupon,
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6 PATRICIA ARANGO,
7 having been first duly sworn or affirmed, was examined
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8 and testified as follows:
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9 THE WITNESS: Yes.
10 DIRECT EXAMINATION
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11 BY MR. FLANAGAN:
12 Q. Is it Ms. Arango? Did I pronounce that

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13 correctly?
14 A. Miss Arango, yes.

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15 Q. Would you give us your name and business
16 address, please.
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17 A. Sure. My name's Patricia Arango,
18 A-R-A-N-G-O. Business address is Law Offices of Marshall

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19 Watson, 1800 Northwest 49th Street, Suite 120, Fort
20 Lauderdale, Florida 33309.

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21 Q. And who is your current employer?

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22 A. Law firm of Marshall Watson.
23 Q. How long have you been employed there?

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24 A. For ten years.
25 Q. In what capacity?
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1 A. In various capacities. I first started
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2 there as a foreclosure attorney and then was transferred
3 to the litigation department.
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4 Q. Okay. And what's your current position
5 with the firm?
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6 A. Current position with the firm is as the
7 litigation department's managing attorney.
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8 Q. So you're an attorney licensed to practice
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9 in Florida?
10 A. Correct. su
11 Q. For how long?
12 A. Since 2001.
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13 Q. And I take it you're probably very familiar
14 with the process of taking of depositions.

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15 A. I'm familiar.
16 Q. Okay. At any time, if you need a break,

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17 let me know, okay.
18 A. Okay.
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19 Q. In your current position, do you supervise
20 any employees of the firm?

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21 A. Yes.
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22 Q. Roughly how many?
23 A. Roughly about 70.

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24 Q. And, generally, what are your current
25 duties?
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1 A. My current duties are to supervise the
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2 attorneys within the litigation department as well as the
3 paralegals.
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4 Q. Do you get involved in any work other than
5 foreclosure work?
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6 A. It depends, yes, I have.
7 Q. Okay. Roughly how much of your time is
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8 spent dealing with foreclosure litigation?
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9 A. Over 98 percent of the time.
10 Q. Okay. And has that generally been the case

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11 in the last five years?
12 A. Yes.
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13 Q. And that was the case in December of '08
14 and into '09 and '10?

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15 A. Correct.
16 Q. Okay. Are you now or have you ever been --

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17 strike that.
18 Are you now an officer or director of

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19 Countrywide Home Loans?
20 A. No.
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21 Q. Have you ever been an officer or director

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22 of Countrywide Home Loans?
23 A. No.
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24 Q. Are you now an officer or director of
25 Countrywide Home Loans Servicing LP?
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1 A. No.
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2 Q. Have you ever been?
3 A. No.
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4 Q. Are you now or have you ever been an
5 officer or director of Mortgage Electronic Registration
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6 Systems, Inc.?
7 A. I am an agent.
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8 Q. Okay. We'll get to that in a moment.
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9 Are you an officer or corporate officer of
10 Mortgage Electronic Registration Systems, Inc.?

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11 A. I'm their assistant secretary.
12 Q. Okay. Is that the only title or position

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13 that you hold with that company?
14 A. Yes.
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15 Q. Okay. For our purposes in the deposition,
16 can we agree to refer to Mortgage Electronic Registration

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17 Systems, Inc. as MERS?
18 A. Yes.
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19 Q. Do you commonly do that?
20 A. Yes.
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21 Q. Okay. That will speed things greatly.

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22 Thank you.
23 How long have you been an assistant

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24 secretary or agent of MERS?
25 A. Since about 2007 I believe it is.
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1 Q. All right. Are you a member of MERS?
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2 A. No.
3 Q. Is your law firm a member of MERS?
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4 A. No.
5 Q. Do members of MERS have to be either banks
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6 or other financial institutions, to your knowledge?
7 MS. FRIEDMAN: Form.
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8 THE WITNESS: I don't know.
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9 BY MR. FLANAGAN:
10 Q. Have you ever applied for membership in

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11 MERS?
12 A. No.
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13 Q. In your capacity as --
14 MS. FRIEDMAN: I'm just going to ask you to

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15 slow down before you answer it in case I want to
16 object.
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17 THE WITNESS: Okay.
18 BY MR. FLANAGAN:
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19 Q. In your capacity as what you called an
20 agent or assistant secretary at MERS, do you have any

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21 supervisory capacity over any MERS employees?

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22 A. I do not.
23 Q. Do you participate in any of the policy

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24 making decisions for MERS?
25 A. No.
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1 Q. Have you ever?
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2 A. No.
3 Q. When did -- you told me in roughly 2007 you
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4 became an agent of MERS. How did that occur?
5 A. That occurred -- I don't remember how that
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6 exactly occurred. I remember roughly that I was
7 contacted by my managing attorney and advised that I was
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8 given authority as indicated in the corporate resolution.
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9 Q. Did you ever receive a copy of the
10 corporate resolution -- su
11 A. Yes, I did.
12 Q. -- for your review?

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13 A. Yes.
14 Q. Okay. Where is that currently?

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15 MS. FRIEDMAN: With me.
16 BY MR. FLANAGAN:
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17 Q. Okay. And in 2007, who was the attorney in
18 your firm that informed you of that?

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19 A. Caryn Graham.
20 Q. Was she also given authority to sign on

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21 behalf of MERS at that time, to your knowledge?

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22 A. Yes, to my knowledge, yes.
23 Q. When that corporate resolution came, was

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24 that pursuant to a request from either yourself or your
25 firm to MERS?
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1 MS. FRIEDMAN: Objection.
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2 THE WITNESS: Can you repeat it?
3 MS. FRIEDMAN: Yeah. I was going to ask
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4 you, can you repeat it.
5 BY MR. FLANAGAN:
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6 Q. Sure. When you received the corporate
7 resolution in 2007, was that provided to your firm as a
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8 result of an application either directly or indirectly to
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9 MERS on your behalf?
10 A. I don't know.
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11 Q. Okay. Did you have -- did you have to take
12 any training from MERS or some other entity to qualify to

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13 be an assistant secretary or agent for them?
14 A. I don't -- no, I didn't.

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15 Q. How about any type of testing or
16 certification, exam, anything along those lines?

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17 A. No.
18 Q. All right. You were requested in the

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19 notice of subpoena to provide certain documents. Have
20 those been brought here with you or with your counsel?

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21 A. Yes.
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22 Q. Okay. And what do we have?
23 All right. Your counsel has handed me

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24 three documents. And the first page that I have is
25 entitled at the top, Mortgage Electronic Registration
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1 Systems, Inc. Corporate Resolution. Do you see that?
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2 A. Yes, I do.
3 MR. FLANAGAN: Okay. Let's have that
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4 marked as Exhibit 1.
5 (Defendant's No. Composite 1, MERS, Inc.
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6 Corporate Resolution, was marked for identification.)
7 MS. FRIEDMAN: Well, you gave him two
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8 pages. Are you marking them individually or --
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9 MR. FLANAGAN: That's what I was --
10 MS. FRIEDMAN:
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11 BY MR. FLANAGAN:
12 Q. So Exhibit 1 is the Mortgage Electronic

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13 Corporate Resolution?
14 A. Yes.
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15 Q. Okay.
16 MS. FRIEDMAN: Dated October 16, 2007.

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17 MR. FLANAGAN: Correct.
18 MR. ROSENQUEST: Is that a single-page

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19 document or a two-page document?
20 MR. FLANAGAN: It's a --

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21 MS. FRIEDMAN: He's attached a single page.

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22 MR. FLANAGAN: That's what I'm about to
23 find out.
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24 BY MR. FLANAGAN:
25 Q. There's a second page that has been
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1 provided to us that is a printout that says Marshall C.
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2 Watson, P.A. at the top, Mortgage Electronic Systems
3 certifying officers. And then there's Caryn Graham and
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4 your name, correct?
5 A. Yes.
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6 Q. Okay. Was this second page accompanying
7 the first one?
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8 A. Yes.
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9 Q. Okay. So these two pages are in effect one
10 document. su
11 A. Yes.
12 Q. Okay. So then let's make the two pages

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13 Exhibit 1, okay.
14 MS. FRIEDMAN: Just make it Composite

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15 Exhibit 1, so it's clear.
16 MR. FLANAGAN: Right, okay.

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17 MS. FRIEDMAN: And I will tell you,
18 although the next document, the Limited Power of

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19 Attorney, was not necessarily expressly requested,
20 we've decided to produce it --

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21 MR. FLANAGAN: Okay. Thank you.

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22 MS. FRIEDMAN: -- because I think it
23 clarifies the agreement of all the parties

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24 involved in this case.
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1 BY MR. FLANAGAN:
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2 Q. Exhibit 1, the corporate resolution that
3 you have, that we now identified is signed by Mr. William
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4 C. Hultman as the corporate secretary for MERS, correct?
5 A. According to the document.
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6 Q. Okay. Do you know which meeting of the
7 Board of Directors took place to result in this corporate
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8 resolution?
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9 A. I do not know.
10 Q. And when was this document provided to you?

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11 A. I don't remember.
12 Q. Was it in 2007 or 2008? Any idea?

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13 A. I really don't know.
14 Q. Okay. Was this corporate resolution

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15 provided to you solely to be the MERS registered agent
16 or -- excuse me, assistant secretary to sign on behalf of

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17 Countrywide Financial Corporation or its designee?
18 A. Can you repeat the question?

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19 Q. Sure. Was, as you understand it, the
20 corporate resolution that was entered by the Board solely

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21 to allow you to be the assistant secretary and vice

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22 president of MERS for the assignment of the liens or
23 mortgages solely from the Countrywide Financial

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24 Corporation?
25 MR. ROSENQUEST: Object to form.
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1 MS. FRIEDMAN: Join.
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2 THE WITNESS: I only know what the document
3 states.
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4 BY MR. FLANAGAN:
5 Q. Okay. Were there any other corporate
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6 resolutions that were provided to you from MERS
7 designating you as the assistant secretary or vice
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8 president for the purpose of any other financial
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9 corporations?
10 A. At that time?
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11 Q. Yes, ma'am.
12 A. I don't -- I don't know.

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13 Q. Okay. How about since that time?
14 A. Since that time, yes.

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15 Q. Okay. What other financial institutions
16 have you been authorized on behalf of MERS to function as

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17 the assistant secretary or vice president?
18 MS. FRIEDMAN: I'm going to object to the

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19 question because I think you're already beginning
20 to exceed the scope of the Court's order which

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21 limited this deposition. "The deposition" -- and

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22 I'm quoting now from the Court's order of November
23 23, 2010, "The deposition shall be limited to

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24 Patricia Arango's execution of the assignment of
25 mortgage in this case."
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1 I think your question exceeds the
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2 parameters set forth by the Court.
3 MR. FLANAGAN: I disagree.
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4 MS. FRIEDMAN: Okay. Tell me why it does
5 not so then we can proffer a record.
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6 MR. FLANAGAN: I'm trying to find out what
7 the scope of her authority is, and she did not
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8 execute the authorization for Countrywide
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9 Financial Corporation that's attached in this
10 document in this case.

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11 MS. FRIEDMAN: What do you mean she did not
12 execute?
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13 MR. FLANAGAN: It's not on behalf of
14 Countrywide Financial Corporation.

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15 MS. FRIEDMAN: What's not on behalf? I'm
16 not following.
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17 MR. FLANAGAN: The assignment that she
18 signed was not Countrywide Financial Corporation.

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19 MS. FRIEDMAN: So you're limiting it to
20 anything related to Countrywide rather than the

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21 question you asked which was any company, which

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22 could arguably include HSBC or Chase.
23 MR. FLANAGAN: Yeah. I mean, it was --

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24 MS. FRIEDMAN: If you limit it to
25 Countrywide, I don't have a problem, and
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1 Countrywide and any of its related entities, but I
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2 don't believe under the Court's order you can go
3 on beyond that.
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4 MR. FLANAGAN: Well, I disagree. So my
5 question stands.
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6 BY MR. FLANAGAN:
7 Q. Have you been provided a corporate
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8 resolution from MERS appointing you as assistant
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9 secretary to execute assignments on their behalf for any
10 entity aside from Countrywide Financial Corporation?

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11 MS. FRIEDMAN: I instruct you not to answer
12 based on the Court's order.

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13 BY MR. FLANAGAN:
14 Q. Now, have you been provided any corporate

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15 resolution authorizing you to function as assistant
16 secretary or vice president of MERS for Countrywide Home

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17 Loans Servicing LP?
18 A. At that time?
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19 Q. At any time.
20 A. I can't remember.
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21 Q. Okay. Is there someplace in your office

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22 where you keep a list or a file of the entities for which
23 you can function as assistant secretary on behalf of MERS

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24 for assignments?
25 A. Yes.
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1 Q. All right. Where is that information kept?
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2 A. In my office.
3 Q. Is it in a file folder in a corporate -- or
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4 in, excuse me, a computer file, or what?
5 A. It's in a file.
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6 Q. Okay. So presumably there's someplace
7 where you can go and check and see if you have been
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8 authorized by MERS to function for a given financial
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9 entity.
10 A. Correct. su
11 Q. Okay. Did you look to see whether or not
12 you had such an assignment or authority from MERS to

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13 execute on behalf of Countrywide Home Loan Servicing LP
14 prior to coming here?

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15 A. Can you repeat? I'm sorry.
16 Q. Yes, ma'am. Did you look in that file

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17 where you have the designated entities for which you can
18 function, did you look to see if there's an assignment or

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19 a resolution in there authorizing you to assign on behalf
20 of MERS for Countrywide Home Loans Servicing, LP, the

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21 plaintiff in this case?

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22 A. Did I look?
23 Q. Yes, ma'am.
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24 A. Yes.
25 Q. And is there one?
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1 A. Yes.
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2 Q. Okay. Did you bring that one?
3 A. Yes. This is the exhibit.
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4 Q. You contend that Exhibit 1 is the document
5 that authorizes you to sign on behalf of Countrywide Home
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7 A. Yes.
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8 Q. Okay. How so?
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9 A. Countrywide Financial Corporation
10 actually -- let me correct myself.

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11 The plaintiff, as listed in this particular
12 case, is owned by Countrywide Financial Corporation.

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13 It's one of their entities.
14 Q. Okay. And how do you come to that

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15 information?
16 A. Because I know it. I've been doing it for

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17 a long time. I've -- I don't remember at what point in
18 time I found out that knowledge, but I've had it.

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19 Q. Okay. Now, is Countrywide Home Loans
20 Servicing LP, to your knowledge, a separate corporate

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21 entity from Countrywide Financial Corporation?

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22 A. I don't know.
23 MS. FRIEDMAN: Read back that question,

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24 please.
25 (A portion of the record was read by the
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1 reporter.)
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2 BY MR. FLANAGAN:
3 Q. The other document that you have provided,
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4 the third page of the documents that you provided today
5 is the limited power of attorney document. Do you see
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6 that?
7 A. Yes.
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8 Q. All right. Let's have that marked as
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9 Exhibit 2.
10 (Defendant's No. 2, Limited Power of

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11 Attorney, was marked for identification.)
12 BY MR. FLANAGAN:
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13 Q. And please tell me what this is.
14 A. This is a limited power of attorney from

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15 Countrywide Home Loans, Inc. recorded in a couple
16 different counties.
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17 Q. Okay. And this one is dated April 13,
18 2007?
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19 A. Correct.
20 Q. How did this come to you?

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21 A. I was provided a copy of it.

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22 Q. From who?
23 A. I don't remember who.

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24 Q. Do you recall when you received it?
25 A. No, I don't.
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1 Q. And this appears to give you and your
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2 firm -- or excuse me -- you and Ms. Graham at your firm
3 limited power of attorney to execute instruments on
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4 behalf of Countrywide Home Loans, Inc. in furtherance of
5 foreclosure proceedings, right?
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6 A. I have to read it --
7 Q. Sure.
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8 A. -- to make certain.
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9 Correct.
10 Q. Okay. Do you have a similar limited power

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11 of attorney on behalf of the plaintiff, Countrywide Home

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13 A. Can you repeat the question?
14 Q. Sure. Do you have a similar limited power

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15 of attorney on behalf of Countrywide Home Loans Servicing
16 LP?
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17 A. I don't know.
18 Q. Do you know if there's any corporate

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19 relationship between Countrywide Home Loans, Inc. and
20 Countrywide Home Loans Servicing LP?

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21 A. There is a relationship.
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22 Q. What is that?
23 A. I don't know the exact relationship. I

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24 know Countrywide Financial owns Countrywide Home Loans,
25 and, in fact, it indicates so as well on the document
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1 with the indication of upper left hand where it states
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2 it's prepared by Countrywide Financial.
3 Q. What do you understand to be the
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4 relationship between Countrywide Financial, Countrywide
5 Home Loans, Inc., and then Countrywide Home Loans
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6 Servicing LP?
7 A. I don't know now the exact and how to
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8 explain it but I kind of explain it as -- to everyone in
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9 my department -- as one's the parent and the others are
10 underneath it. su
11 Q. And the parent is what entity?
12 A. Countrywide Financial.
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13 Q. Are you aware of any corporate resolution
14 between those entities that authorizes or permits the

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15 subsidiaries to act on behalf of the parent?
16 A. I am not.
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17 Q. Mortgage Electronic Registration Systems,
18 Inc. --
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19 MS. FRIEDMAN: You're forgetting MERS?
20 BY MR. FLANAGAN:
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21 Q. -- is an entity that does what?

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22 A. I couldn't give you the entire explanation
23 of what they do, as I don't work for them.

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24 Q. Are you comfortable with a description that
25 they track or catalog transfers of mortgage ownerships?
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2 MS. FRIEDMAN: Object to the form. She's
3 not here as the representative of MERS.
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4 MR. FLANAGAN: I thought she was here as
5 the assistant secretary.
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6 MS. FRIEDMAN: No. She's here as Patricia
7 Arango.
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8 MR. FLANAGAN: Right.
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9 MR. ROSENQUEST: She was noticed, I think,
10 individually. su
11 MS. FRIEDMAN: She was. She's here as
12 Patricia Arango.
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13 MR. FLANAGAN: Yeah.
14 THE WITNESS: Is there a question?

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15 BY MR. FLANAGAN:
16 Q. Yes, ma'am. Are you comfortable with the

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17 description that MERS tracks the transfer of interests
18 and rights in mortgages among its members?

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19 MR. ROSENQUEST: Same objection.

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21 THE WITNESS: Am I comfortable with it? I

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22 don't know. I don't know how I'm supposed to feel
23 about whether I'm comfortable with the statement

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24 or not.
25
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1 BY MR. FLANAGAN:
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2 Q. Okay. Is that one of the functions of
3 MERS?
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5 MS. FRIEDMAN: Object to the form.
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6 THE WITNESS: From my understanding, that
7 is one of the functions.
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8 BY MR. FLANAGAN:
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9 Q. Okay. What other functions, to your
10 knowledge, does MERS have as far as mortgage interests

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11 are concerned?

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13 MR. ROSENQUEST: Join.
14 THE WITNESS: I can tell you they don't own

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15 any mortgages, from my understanding.
16 BY MR. FLANAGAN:
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17 Q. Meaning that they don't have the ownership
18 or beneficial interest in the mortgage itself?

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19 A. Correct. It's not --
20 MS. FRIEDMAN: Object to the form. Not

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21 what she testified to.

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22 MR. NEWMAN: Join.

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24 MS. FRIEDMAN: You added beneficial
25 interest. She said --
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Page 24
m
1 BY MR. FLANAGAN:
co
2 Q. Okay. What do you mean by own?
3 A. They are -- for instance, in this mortgage,
d.
4 exactly what they state on the mortgage, on all MOM
5 mortgages, is what they call it.
au
6 Q. What are you referring to as a MOM
7 mortgage?
Fr
8 A. A MERS, Mortgage Electronic Registration
re
9 Systems mortgage, where it states within the mortgage
10 that they're acting purely as a nominee.

su
11 Q. Meaning that they're the agent for the
12 actual owner --
clo
14 BY MR. FLANAGAN:
re
15 Q. -- of the mortgage?

Fo
17 THE WITNESS: I don't know the exact
18 definition of what it indicates on the document.

op
19 I cannot remember it.
20 BY MR. FLANAGAN:
St
21 Q. To your knowledge, does -- you said MERS

w.
22 doesn't own the mortgage, correct?
23 A. Correct. I did say that.

ww
24 Q. Okay. Let's have, just so you can refer to
25 it, exhibit -- the mortgage that was attached to the
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Page 25
m
1 complaint in this case, we'll have as Exhibit 3.
co
2 (Defendant's No. 3, Mortgage Attached to the
3 Complaint, was marked for identification.)
d.
4 BY MR. FLANAGAN:
5 Q. Do you recognize that document?
au
6 A. It's a mortgage, yes.
7 Q. Okay. And is that what you identified a
Fr
8 moment ago as a mom, MERS mortgage?
re
9 A. That's what I had described, yes.
10 Q. Okay. And that's a mortgage that's created

su
11 initially as an original MERS mortgage?
12 A. Yes. It's an example of one, yes.

clo
13 Q. And at the time that that mortgage is
14 created, there's a MERS identification number also

re
15 created with it, correct?
16 MR. ROSENQUEST: Object to form. You're

Fo
17 talking about that particular mortgage or any MERS
18 mortgage?
op
19 BY MR. FLANAGAN:
20 Q. That one.
St
21 A. There is a MIN number indicated on the

w.
22 mortgage.
23 Q. Okay. And is that, in your experience, the

ww
24 custom and practice for MERS to create the identification
25 number at the time that the mortgage is created?
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Page 26
m
co
2 MR. ROSENQUEST: Form.
d.
4 BY MR. FLANAGAN:
5 Q. Okay. How does MERS track the mortgage, to
au
6 your knowledge?
Fr
re
9 THE WITNESS: I don't know how they do it.
10 BY MR. FLANAGAN: su
11 Q. Okay. MERS deals with the mortgages. How
12 about the note that's created with the mortgage? Does

clo
13 MERS have any interaction or relationship with the note,
14 to your knowledge?
re
15 MS. FRIEDMAN: Let me just stop again and
16 reiterate. This Judge made it very clear at the

Fo
17 hearing, and I have his transcript, that the
18 depositions that are taken go far too long, that

op
19 whoever takes this deposition -- and I have the
20 transcript of the hearing if you'd like to read

St
21 it --
w.
22 MR. FLANAGAN: I've read it.
23 MS. FRIEDMAN: -- is to get in and out, and

ww
24 the order expressly says, "It shall be limited to
25 Patricia Arango's execution of the assignment of
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Page 27
m
1 mortgage in this case."
co
2 How MERS tracks, when they create a MIN
3 number, you haven't noticed her in her capacity as
d.
4 a representative of MERS. She is not here in that
5 capacity. You named her individually. The
au
6 questions are limited to her execution.
7 MR. FLANAGAN: That's what I'm trying to
Fr
8 get to.
re
9 MS. FRIEDMAN: No, you're not. You're
10 asking questions about MERS, their practices, how

su
11 they do things. That is not anything related to
12 Ms. Arango's execution of the assignment of

clo
13 mortgage.
14 MR. FLANAGAN: It's laying the foundation

re
15 for it.
16 MS. FRIEDMAN: That's not a foundation.

Fo
17 That's a foundation for some break you may have
18 with MERS. That has nothing to do with the

op
19 assignment of the mortgage by Ms. Arango. It is
20 well beyond.
St
21 MR. FLANAGAN: Ms. Arango signed as an

w.
22 assistant secretary of MERS.
23 MS. FRIEDMAN: The order is limited to how

ww
24 she executed it.
25 MR. FLANAGAN: Right. And that's what I'm
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Page 28
m
1 trying to find out.
co
2 MS. FRIEDMAN: No. You're asking about her
3 capacity. That's not what the Court's order says.
d.
4 MR. FLANAGAN: Whether or not she had the
5 capacity to do this is most certainly --
au
6 MR. ROSENQUEST: Your last question was
7 what MERS has to do with promissory notes.
Fr
8 MR. FLANAGAN: That's right.
re
9 MS. FRIEDMAN: That is not her capacity to
10 execute, and that's well beyond the scope of this

su
11 order.
12 BY MR. FLANAGAN:
clo
13 Q. Do you know if the note that accompanied
14 this mortgage was registered or tracked at all by MERS?

re
15 A. May I answer?
16 MS. FRIEDMAN: If you know.

Fo
18 BY MR. FLANAGAN:
op
19 Q. Okay. Does -- to your knowledge, does the
20 note have to accompany the mortgage in order for

St
21 foreclosure to be able to take place?

w.
22 A. Repeat --

ww
24 BY MR. FLANAGAN:
25 Q. Does there have to be a unity of ownership
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Page 29
m
1 in the note and the mortgage in order for foreclosure to
co
2 take place?
3 MS. FRIEDMAN: Form. It's a legal
d.
4 question.
au
6 MS. FRIEDMAN: The law decides that. This
7 is a fact witness.
Fr
8 MR. FLANAGAN: Counsel, don't start
re
9 prompting her. She's a lawyer already.
10 MS. FRIEDMAN:
su I'm not prompting her.
11 MR. FLANAGAN: Yes, you are.
12 MS. FRIEDMAN: Just follow the order.

clo
13 THE WITNESS: You're asking me for a legal
14 conclusion, obviously.
re
15 MR. FLANAGAN: That's exactly right.
16 You're a lawyer.
Fo
17 MS. FRIEDMAN: What does that have to do
18 with anything? I'm her attorney. She's here as a

op
19 witness.
20 You don't wear both hats. That's why I'm

St
21 here.
w.
22 BY MR. FLANAGAN:
23 Q. Does the note and the mortgage have to have

ww
24 a unity of foreclosure in order -- a unity of title in
25 ownership in order for a foreclosure to --
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Page 30
m
co
3 MR. NEWMAN: Join.
d.
4 THE WITNESS: I think you need to break the
5 question down.
au
6 BY MR. FLANAGAN:
7 Q. No, ma'am. Does there have to be a unity
Fr
8 of ownership of both the mortgage and the note in order
re
9 for an entity to pursue foreclosure in Florida?
10 MS. FRIEDMAN:
su Object to the form. Calls
11 for a legal conclusion.
12 THE WITNESS: In Florida, all you have to

clo
13 do is own the note in order to foreclose.
14 BY MR. FLANAGAN:
re
15 Q. So far as your understanding is
16 concerned --
Fo
17 A. There are many cases on it. There's
18 several, several cases. There's different ways to

op
19 foreclose in Florida.
20 Q. Okay. So as far as you're concerned, there

St
21 does not have to be a unity of ownership?

w.
22 MR. ROSENQUEST: Object to form. That's
23 not what she said.

ww
25 MS. FRIEDMAN: Exactly. Join.
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Page 31
m
1 THE WITNESS: In Florida -- I'll just have
co
2 to repeat what I just stated. In Florida, there
3 are several ways in which to foreclose on a
d.
4 mortgage.
5 BY MR. FLANAGAN:
au
6 Q. Okay. Those are what?
7 A. You can foreclose by being a servicer. You
Fr
8 can foreclose by being the owner of the note. You don't
re
9 have to be, you know, the one expressly listed on the
10 mortgage or whatnot. su
11 Q. Okay. To foreclose on a mortgage, does the
12 entity have to have an ownership interest in the

clo
13 mortgage?

re
15 MR. NEWMAN: Form.
16 MS. FRIEDMAN: Object to the form. Calls

Fo
17 for a legal --
18 THE WITNESS: No, you can be --

op
19 (Reporter interrupted-overlapping
20 speakers.)
St
21 MS. FRIEDMAN: Object to the form. Calls

w.
22 for a legal conclusion.

ww
24 MR. ROSENQUEST: Beyond the scope of the
25 order.
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Page 32
m
1 MR. NEWMAN: Join.
co
2 MS. FRIEDMAN: Add. Yes, join that too.
3 THE WITNESS: Now I forgot the question.
d.
4 Sorry.
5 MR. FLANAGAN: All right. Will you read
au
6 the question back, please.
Fr
8 reporter.)
re
9 THE WITNESS: No.
11 Q. As the assistant secretary for MERS in
12 execution of the assignment, is it your understanding

clo
13 that MERS can transfer legal title of the mortgage?
14 MR. ROSENQUEST: Object to form. She

re
15 wasn't noticed in her capacity as an assistant
16 secretary of MERS.
Fo

op
19 MR. ROSENQUEST: She's not here testifying
20 on behalf of MERS.
St
21 MS. FRIEDMAN: Would you read the question

w.
22 back, please.

ww
24 reporter.)
25 THE WITNESS: Yes, they can assign. They
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Page 33
m
1 assign out their -- it states here, for instance,
co
2 "MERS is the mortgagee under this security
3 instrument." They can assign their interest under
d.
4 exactly what it states here, yes.
5 BY MR. FLANAGAN:
au
6 Q. Okay.
7 MS. FRIEDMAN: What do you mean by here?
Fr
8 THE WITNESS: In the mortgage.
re
9 MS. FRIEDMAN: Exhibit what?
10 THE WITNESS:
su Exhibit 3.
11 BY MR. FLANAGAN:
12 Q. And what interest, then, did MERS have in

clo
13 that mortgage with Mr.
14 MR. ROSENQUEST: Object to form to the

re
15 extent you're asking her to testify on behalf of
16 MERS.
Fo
17 THE WITNESS: They acted solely as a
18 nominee for lender and lender's successors and

op
19 assigns as indicated in Exhibit 3 in the mortgage.
20 BY MR. FLANAGAN:
St
21 Q. Okay. So they are the holder or the

w.
22 custodian for the mortgage.

ww
25 MR. ROSENQUEST: I'm going to object to
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Page 34
m
1 this whole line of questioning. And I'm happy to
co
2 put it as a standing objection if counsel will
3 agree --
d.
4 MR. FLANAGAN: Sure.
5 MR. ROSENQUEST: -- to the extent she's
au
6 being asked to testify on behalf of MERS.
Fr
8 MR. ROSENQUEST: I also object to that
re
9 question as mischaracterizing her testimony.
10 MS. FRIEDMAN:
su And I'm about to stop any
11 questions and instruct her not to answer if you
12 don't move on to the sole issue in which you have

clo
13 been authorized pursuant to Court order to conduct
14 this deposition, and that is to her execution of

re
15 the assignment of mortgage.
16 MR. FLANAGAN: That's what I'm getting to.

Fo
17 BY MR. FLANAGAN:
18 Q. MERS was designated as the nominee or the

op
19 agent, correct, in that mortgage?

St
21 THE WITNESS: It states here what MERS is.

w.
22 "MERS is Mortgage Electronic Registration Systems,
23 Inc. MERS is a separate corporation that is

ww
24 acting solely as a nominee for lender and lender's
25 successors and assigns."
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Page 35
m
1 BY MR. FLANAGAN:
co
2 Q. And another word for a nominee would be
3 agent, right?
d.
au
6 MR. NEWMAN: Join.
7 MS. FRIEDMAN: She's not here as a
Fr
8 dictionary.
re
9 THE WITNESS: It states here that it is a
10 nominee. su
11 BY MR. FLANAGAN:
12 Q. Okay. And as a nominee, does MERS have the

clo
13 ownership of the mortgage?
14 A. It states here it's acting solely as a

re
15 nominee for the lender.
16 Q. Okay. So --
Fo
17 A. The lender is -- and it indicates who's the
18 note. The note means the promissory note. That states

op
19 that the borrower owes the lender.
20 Q. Okay. Now, as far as you were concerned in

St
21 December of 2008, was MERS the owner of the mortgage?

w.
22 A. They were acting as a nominee for the
23 lender.
ww
24 Q. And the lender was?
25 A. The lender -- the original lender was
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Page 36
m
1 Countrywide Home Loans, Inc.
co
2 Q. Okay. Who was the lender in December 2008?
3 A. I don't know.
d.
4 Q. Had there been any transfer of the
5 ownership by the lender to another entity prior to
au
6 December 2008, to your knowledge?
7 A. There may have been. I don't know.
Fr
8 Q. How would you know? How would you find
re
9 out?
10 A. I would not know the exact time.

su I don't
11 work for the company.
12 Q. I understand.
clo
13 You executed the assignment of the mortgage
14 in this case.
re
15 A. Correct.
16 Q. Let me show you what was attached as

Fo
17 Exhibit 3 to the amended complaint. We'll have it marked
18 as Exhibit 4.
op
19 (Defendant's No. 4, Assignment of Mortgage,
20 was marked for identification.)

St
21 BY MR. FLANAGAN:
w.
22 Q. Take a look at Exhibit 4. Is that --
23 MS. FRIEDMAN: Can I take a look at it?

ww
24 MR. FLANAGAN: Absolutely.
25 MS. FRIEDMAN: I'd appreciate it if you'd
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Page 37
m
1 just hand me the exhibits first.
co
2 This has been reduced down from the size.
3 If you don't mind, I'm going to let her look at
d.
4 the size that was attached to the complaint
5 because it's easier to read. There's your
au
6 exhibit.
7 BY MR. FLANAGAN:
Fr
8 Q. Do you recognize Exhibit 4?
re
9 A. Yes.
10 Q. That is your signature?

su
11 A. Yes, it is.
12 Q. Okay. How did it come to you that you

clo
13 needed to sign an assignment of that mortgage?
14 A. I can't remember this particular one and

re
15 how that occurred, but normally the procedure is for the
16 paralegal who is within the assignment of mortgage

Fo
17 department to prepare the document when it is called for
18 by an examiner, and then it is brought to me to review

op
19 and execute.
20 Q. Okay. So I take it you weren't really the

St
21 managing attorney or the lead attorney for the

w.
22 foreclosure action itself.
23 A. No.
ww
24 Q. You were just kind of up in a supervisory
25 role?
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Page 38
m
1 A. Right, in a separate department. Correct.
co
2 Q. Okay. And do you recall any specifics
3 about this particular assignment, the execution of it --
d.
4 A. No, I don't.
5 Q. -- who was involved when it happened,
au
6 anything like that?
7 A. No.
Fr
8 Q. Okay. The assignment is dated
re
9 December 2008, correct?
10 A. Correct. su
11 Q. And when the information was brought to
12 you, was it presented to you with a file or any other

clo
13 information concerning the loan, the payments, anything
14 along those lines?

re
16 Q. Do you customarily review the file

Fo
17 pertaining to the loan in order to execute the
18 assignment?
op
19 A. Yes.
20 Q. How did you determine that an assignment

St
21 was needed?
w.
22 MR. ROSENQUEST: Object to form. And I'm
23 not sure that she testified that she made that

ww
24 determination.
25 MS. FRIEDMAN: In fact, she testified --
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Page 39
m
1 MR. ROSENQUEST: Somebody else did.
co
2 MS. FRIEDMAN: -- otherwise.
3 THE WITNESS: I reviewed the document.
d.
4 BY MR. FLANAGAN:
5 Q. You reviewed what?
au
6 A. I reviewed -- number one, I always review
7 for my name. People spell my name wrong, two Rs instead
Fr
8 of one. I review to make certain that the date is on
re
9 there, who it's coming from, it's MERS, something that I
10 can actually have authority to execute.

su
11 Q. Okay. Authority to execute on behalf of
12 Countrywide?
clo
13 A. On behalf of MERS.
14 Q. Okay. With regard to the Countrywide

re
15 Financial --
16 A. Correct. Something that I can -- right,

Fo
17 something that I have authority to actually execute.
18 Q. Okay. Do you then do anything to determine

op
19 whether or not Countrywide is in fact the owner of the
20 mortgage?
St
21 MR. ROSENQUEST: You're asking --

w.
23 MR. ROSENQUEST: -- specifically whether or

ww
24 not -- are you asking specific about this
25 assignment --
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Page 40
m
1 MR. FLANAGAN: Yes.
co
2 MR. ROSENQUEST: -- or in general?
d.
4 THE WITNESS: To who I -- I review the --
5 there is, on the MERS website, there's -- I don't
au
6 remember what I exactly did in this specific case
7 or how I did it or what I did, but my normal is to
Fr
8 review the MERS. They have a website where you
re
9 can insert the MERS MIN number and make certain
10 that it's -- who it's serviced by and who it's

su
11 owned by.
12 BY MR. FLANAGAN:
clo
13 Q. Okay. Does MERS use what you identified as
14 the MIN number, M-I-N meaning MERS identification number?

re
15 A. Yes. That's indicated on the website.
16 MR. ROSENQUEST: Object to the form.

Fo
17 You're asking her to testify on behalf MERS.
18 BY MR. FLANAGAN:
op
19 Q. Is that what you mean by MIN?
20 A. MERS identification number, yes.

St
21 Q. Okay. And as you understand, is the

w.
22 mortgage, once it's created, for example, Mr.
23 it's given a number and that's how the MERS System tracks
ww
24 it?
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Page 41
m
co
2 THE WITNESS: I don't know how they track
3 it but I know that there's a MERS MIN number and I
d.
4 insert that to locate it.
5 BY MR. FLANAGAN:
au
6 Q. Okay. Did you do that in this case?
7 A. Like I said, I can't remember exactly what
Fr
8 I did, but that's my normal procedure, yes.
re
9 Q. So MERS has a computer entry that you can
10 go to. su
11 A. Correct.
12 Q. All right. MERS has public access --

clo
13 A. Yes.
14 Q. -- to its system?
re
15 A. Yes.
16 Q. By computer?
Fo
17 A. Yes.
18 Q. Is that the same computer system that you

op
19 went to?
20 A. Yes. I have it as -- whatever their system

St
21 is, whatever their public access, I have it as a link on

w.
22 my computer.
23 Q. Sure.
ww
24 A. Yeah.
25 Q. Okay. And then to find out what's going
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Page 42
m
1 on, you plug in the MERS ID number, the MIN number --
co
2 A. Sure.
3 Q. -- and it provides information.
d.
4 A. Sure.
5 Q. Okay.
au
6 MS. FRIEDMAN: Let him finish the question,
7 take a deep breath --
Fr
8 THE WITNESS: Sorry.
re
9 MS. FRIEDMAN: -- and let us object.
11 Q. Do you know how the information that's
12 there for you to review is input?

clo
13 A. No.

re
15 BY MR. FLANAGAN:
16 Q. Do you know -- do you customarily rely on

Fo
17 that information, though, to give you the accuracy as to
18 who the owner of the mortgage is at any given point in

op
19 time?
20 A. That's not the only thing I review.

St
21 Q. I understand, but when you're looking on

w.
22 MERS, in their system at the ID number, you're relying
23 upon the accuracy of that information.

ww
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Page 43
m
1 MR. NEWMAN: Join.
co
2 THE WITNESS: I use it as one of the tools
3 to verify and review what I'm executing.
d.
4 BY MR. FLANAGAN:
5 Q. Okay. What other tools would you have used
au
6 at the time that you were reviewing this loan?
7 A. Sometimes, depending on different
Fr
8 circumstances, I'll review certain things, you know, from
re
9 the referral or from different things from the system,
10 from our case management system.

su
11 Q. All right. Did you refer to any other
12 documents in this case before you executed the

clo
13 assignment?
14 A. I don't remember exactly in this particular

re
15 case, but normal procedure is to review what's in the
16 system, in the case management system.

Fo
17 Q. Okay. What did the MERS information
18 indicate to you when you pulled it up for your --

op
20 BY MR. FLANAGAN:
St
21 Q. -- review at the time of this --

w.
23 Q. -- execution?
ww
25 Q. Would it have had to have indicated to you
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Page 44
m
1 that Countrywide Home Loans Servicing LP was the owner at
co
2 that time?
d.
5 MR. NEWMAN: Join.
au
6 THE WITNESS: Yes. They're the servicer.
7 I don't remember what I did or when I looked at
Fr
8 it.
re
9 BY MR. FLANAGAN:
10 Q. What do you mean they're the servicer?

su
11 A. Well, Countrywide Home Loans Servicing, I
12 executed this assignment from MERS into Countrywide Home

clo
13 Loans Servicing LP.
14 Q. Okay. So if they're a servicer, is that

re
15 separate and distinct from them being the owner?
16 MS. FRIEDMAN: Form. Object to the form.

Fo

op
19 THE WITNESS: The servicer services the
20 loan, and you can have, obviously, different

St
21 owners.
w.
22 BY MR. FLANAGAN:
23 Q. Okay. Does -- to your knowledge, does

ww
24 Countrywide Home Loans Servicing LP own the mortgage in
25 this case?
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Page 45
m
co
2 MS. FRIEDMAN: And let me just object to
3 the form. You're talking now or in December of
d.
4 '08?
5 MR. FLANAGAN: Now.
au
6 THE WITNESS: They're the servicer.
7 MS. FRIEDMAN: Now?
Fr
8 BY MR. FLANAGAN:
re
9 Q. Okay. They're the servicer. Does that
10 mean they're not the owner? su

11 A. They do not obtain the beneficial interest
12 in the note.
clo
13 Q. Meaning what?
14 A. They don't get the proceeds. They receive

re
15 the proceeds from the borrower by virtue of their
16 payments, but obviously there's a different owner. They

Fo
17 don't own it.
18 Q. Okay. So --
op
19 A. Beneficial, you know, the beneficial
20 interest in the actual loan.

St
21 Q. Okay. So then if they are not the owner of

w.
22 the note, then in paragraph 4 of the amended complaint
23 stating that "Plaintiff, Countrywide Home Loans Servicing

ww
24 LP is the owner/holder of the subject note and mortgage"
25 would be inaccurate.
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Page 46
m
co
2 THE WITNESS: It depends on how you are
3 relating the definition of those particular words
d.
4 because, for instance, you can, you know, quote,
5 unquote, own the mortgage with respect to
au
6 obtaining the proceeds, meaning the payments from
7 the borrower, and thereby, quote, unquote, own the
Fr
8 mortgage. That's many times what borrowers even
re
9 believe.
11 Q. Okay. But the beneficial interest in this
12 note is not owned by Countrywide Home Loans Servicing LP,

clo
13 right?
14 MR. NEWMAN: Object to form.

re
16 THE WITNESS: Not the beneficial interest.

Fo
17 I believe that's what exactly the paragraph 4
18 states, exactly what I'm saying.

op
19 BY MR. FLANAGAN:
20 Q. Okay. Paragraph 4 states, "Plaintiff,

St
21 Countrywide Home Loans Servicing LP, is the owner" --

w.
22 excuse me.
23 "Plaintiff is the holder/owner of the

ww
24 subject note and mortgage."
25 A. Yes. That's what it states, yes. Correct.
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Page 47
m
1 Q. Okay. But what you're telling me is that
co
2 plaintiff is the servicer for the mortgage.
3 A. Servicer/holder, which coincides with what
d.
4 that is indicating as well.
5 Q. Okay. Who's the owner of the mortgage?
au
6 A. The owner with the beneficial interest in
7 the -- well, the owner, the holder servicing it is
Fr
8 Countrywide Home Loans Servicing LP.
re
9 Q. Okay. But my question was who's the owner
10 of the mortgage? su
11 A. The owner --
12 MS. FRIEDMAN: Object to the form. Go

clo
13 ahead.
14 THE WITNESS: Well, the owner of the

re
15 beneficial interest in the note is Fannie Mae.
16 BY MR. FLANAGAN:
Fo
17 Q. Okay. I didn't ask about the note. My
18 question was, who's the owner of the mortgage?

op
19 A. Countrywide Home Loans Servicing.
20 Q. And who has the ownership and interest in

St
21 the note?
w.
22 A. Fannie Mae.
23 Q. Okay. So Fannie Mae has the note, correct?

ww
24 A. Correct. They have the beneficial interest
25 in the note, correct.
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1 Q. And was that the situation back in December
co
2 of 2008 when you executed the assignment?
3 A. Yes.
d.
4 Q. Okay. At that time, who was the owner of
5 the beneficial interest in the mortgage?
au
6 A. The beneficial interest in the note was
7 held by Fannie Mae. The interest in the mortgage was as
Fr
8 to, arguably, the interest in the mortgage was both
re
9 entities, the plaintiff and the Fannie Mae.
10 Q. Do you have any documents establishing your

su
11 authority to execute any assignments on behalf of Fannie
12 Mae?
clo
13 A. Did I bring them? What? Say that again.
14 Sorry.
re
15 Q. Do you have any documents indicating your
16 authority to execute assignments on behalf of Fannie Mae?

Fo
17 A. I don't know.
18 Q. Fannie Mae -- excuse me.

op
19 The mortgage is to secure the note, right?
20 A. The mortgage follows the note, yes.

St
21 Q. Okay. And if Fannie Mae has the note, they

w.
22 have to transfer or assign their interest in that note --

ww
24 BY MR. FLANAGAN:
25 Q. -- to someone else.
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Page 49
m
co
d.
4 BY MR. FLANAGAN:
5 Q. Okay. Do you know if they did it?
au
6 A. I don't know really what you're asking me.
7 Q. The mortgage secures the note, right?
Fr
8 MS. FRIEDMAN: Object to the form. That's
re
9 not what she said. She said the mortgage follows
10 the note. You want to rephrase your question?

su
11 BY MR. FLANAGAN:
12 Q. No. My question is: The mortgage is

clo
13 security for the note, right?
14 A. The mortgage acts as security for the note.

re
15 It follows the note, correct.
16 Q. Okay. Now, Fannie Mae is the note holder,

Fo
17 right?
18 MR. ROSENQUEST: Form.

op

St
21 MR. ROSENQUEST: When?

w.
22 MS. FRIEDMAN: That's not what she said.
23 THE WITNESS: Are you asking me now

ww
24 currently or back then?
25
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Page 50
m
1 BY MR. FLANAGAN:
co
2 Q. Back then.
3 A. You have to repeat the question. Would you
d.
4 read the question?
au
6 reporter.)
7 THE WITNESS: Fannie Mae has the beneficial
Fr
8 interest in the note.
re
9 BY MR. FLANAGAN:
10 Q. Okay. su
11 A. The reason I differentiate that is because
12 there's --
clo
13 MR. NEWMAN: Objection. There's no
14 question pending.
re
15 BY MR. FLANAGAN:
16 Q. Why did you differentiate that?

Fo
17 A. There's so many different ways and
18 terminologies people use the word holder is why I say

op
19 that. That's why I make sure that I say beneficial
20 interest in the note.

St
21 Q. Okay. Now --
w.
22 A. To clarify -- one more statement. And to
23 clarify the fact that I made the statement in that

ww
24 Countrywide Home Loan Services LP, they hold the note,
25 it's, you know...
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m
1 MS. FRIEDMAN: Patricia, just answer his
co
2 questions.
3 BY MR. FLANAGAN:
d.
4 Q. When you executed the assignment of
5 mortgage in December of 2008 when you executed Exhibit
au
6 No. 4, did you glean from the MERS information that you
7 reviewed that Fannie Mae was the note holder?
Fr
re
9 MR. NEWMAN: Join.
10 MR. ROSENQUEST:
su Join.
11 THE WITNESS: The MERS -- I don't remember
12 looking at that particular website at that

clo
13 particular time. I don't remember exactly what
14 steps I took when I reviewed it and executed it at

re
15 that time.
16 BY MR. FLANAGAN:
Fo
17 Q. Okay. Did the MERS information at that
18 time reflect that Fannie Mae was the note holder?

op

St

w.
22 THE WITNESS: I don't remember exactly
23 looking at that website the exact time.

ww
24 BY MR. FLANAGAN:
25 Q. Okay.
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m
1 MS. FRIEDMAN: Do you have a copy of it?
co
2 BY MR. FLANAGAN:
3 Q. Have you looked at it recently?
d.
4 A. Yes.
5 Q. Okay. I'm going to show you a six-page
au
6 document with the cover letter dated August 27th of '09.
7 MS. FRIEDMAN: Tell me why this is relative
Fr
8 to an assignment that was done December of '08.
re
9 MR. NEWMAN: Also, do we have copies?
10 MR. FLANAGAN:
su Yep.
11 MS. FRIEDMAN: Do have you one from
12 December of '08?
clo
13 MR. FLANAGAN: No.
14 MS. FRIEDMAN: Let me just object to this

re
15 whole line of questioning. This document is
16 meaningless in the context of what was done in

Fo
17 December of '08.

op
19 MR. ROSENQUEST: I'll join too.
20 MS. FRIEDMAN: First of all, let me also

St
21 clarify, this is not a reflection of what you

w.
22 obtain off of the web, of the MERS website. This
23 is, rather, documents responsive to a subpoena

ww
24 served upon MERS; is that correct?
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1 MS. FRIEDMAN: Very different than what you
co
2 see on the screen shot, correct?
3 MR. FLANAGAN: We'll get to that. Just...
d.
4 MS. FRIEDMAN: Have you marked a copy?
5 MR. FLANAGAN: Not yet.
au
6 MS. FRIEDMAN: Do I have a copy?
7 MR. FLANAGAN: Let's have this marked as
Fr
8 Exhibit 5.
re
9 (Defendant's No. 5, 8/27/09 Letter from
10 Richard Anderson to Ariane Ice, with Attachments, was

su
11 marked for identification.)
12 BY MR. FLANAGAN:
clo
13 Q. Take a look at Exhibit 5.
14 MS. FRIEDMAN: Let me just make an

re
15 objection on the record. This document says it
16 refers to a subpoena served upon MERS in the above

Fo
17 styled case, calling for the production of
18 documents by MERS to the plaintiff.

op
19 Adriane [sic] Ice does not represent
20 anybody. She's not even an attorney, as I

St
21 understand it, even though this was sent to her.

w.
22 And it obviously wasn't a subpoena to the
23 plaintiff. And there's nothing on the Court

ww
24 docket showing that there was a subpoena with the
25 requisite time frame noticing it to the other
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Page 54
m
1 parties anywhere, so I'm wondering how a
co
2 nonlawyer, Adriane [sic] Ice, managed to get
3 documents from a nonparty without it appearing on
d.
4 the Court docket, without notice going to the
5 plaintiff -- the plaintiff's counsel.
au
6 MR. NEWMAN: I join in the objection.
7 MS. FRIEDMAN: Most interesting.
Fr
8 BY MR. FLANAGAN:
re
9 Q. Have you ever seen those documents attached
10 to Exhibit No. 5 previously?su

11 A. I have not.
12 Q. Okay. Do you recognize the MERS letterhead

clo
13 on the cover letter?
14 A. On the upper left?

re
15 Q. Yes, ma'am.
16 A. Their name? Yes.

Fo
17 Q. Okay does that appear to you to reflect
18 MERS documents pertaining to the loan of my client,

op
19 Mr.

St

w.

ww
24 MR. ROSENQUEST: You're asking --
25 MS. FRIEDMAN: She didn't know.
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m
1 BY MR. FLANAGAN:
co
2 Q. Have you ever seen printouts like those
3 from MERS in your capacity as their assistant secretary?
d.
au
7 MR. ROSENQUEST: Can we have a standing --
Fr
8 do you agree on the record to a standing objection
re
9 that to the extent that you're asking her to
10 testify on behalf of MERS?

su
12 MR. ROSENQUEST: Okay. Because otherwise

clo
13 I'm going to have to just keep objecting every
14 time you mention MERS.

re
15 MR. FLANAGAN: Yeah. That's not a problem.

Fo
17 BY MR. FLANAGAN:
18 Q. Okay. When you go onto the -- when you

op
19 enter the MERS website for purposes of confirming
20 information when you're doing assignments or any

St
21 foreclosure work, does the detail of the information

w.
22 attached on those pages come up to you?
23 A. I have never seen this before for this, no.

ww
24 Q. You've never seen anything like, along
25 those lines?
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m
1 A. I don't remember if I have but this is not
co
2 what I see.
3 Q. Okay.
d.
4 MR. FLANAGAN: Let's have this marked as
5 Exhibit 6.
au
6 (Defendant's No. 6, Page Printed from the
7 MERS Servicer ID Website, was marked for identification.)
Fr
8 MS. FRIEDMAN: Usually you show it to the
re
9 other side before having it marked.
10 MR. FLANAGAN:
su That's what I'm doing.
11 MS. FRIEDMAN: No, after it was marked.
12 BY MR. FLANAGAN:
clo
13 Q. Take a look at Exhibit 6 for me.
14 MR. ROSENQUEST: Jim, do you have any other

re
15 copies?
16 MR. FLANAGAN: I'm looking for those. I've

Fo
17 got it someplace.
18 BY MR. FLANAGAN:
op
19 Q. Is that document consistent with you for
20 the display page that would come up on the computer

St
21 screen when you go into MERS System?

w.
22 A. This is what I normally see.
23 Q. Okay. And do you note that the MIN or

ww
24 MERS identification number for this loan is there --
25 A. Yes.
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Page 57
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1 Q. -- on Exhibit 6?
co
2 A. I see MERS ID number.
3 Q. And so the MERS documents are showing who
d.
4 was the servicer for this loan currently.
5 A. Correct.
au
6 MR. ROSENQUEST: Objection.
7 MR. NEWMAN: Objection.
Fr
8 MR. ROSENQUEST: Jim, when was this -- I
re
9 haven't seen this.
10 MS. FRIEDMAN:
su He said currently.
11 MR. FLANAGAN: I said currently.
12 MR. ROSENQUEST: Is that a current

clo
13 printout?
14 MR. FLANAGAN: Yes.

re
15 MS. FRIEDMAN: Let me object to the form.
16 MR. ROSENQUEST: I'll just note for the

Fo
17 record that the printout is dated January 5, 2011.
18 Thanks, Jim.
op
19 MS. FRIEDMAN: You don't have a copy for
20 me? Thank you.

St
21 BY MR. FLANAGAN:
w.
22 Q. Exhibit 6 establishes the current servicer
23 according to MERS for this loan as who?

ww
24 A. Their website shows BAC Home Loans
25 Servicing LP.
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1 Q. Okay. And does it also show an investor?
co
2 A. Yes.
3 Q. What's the term investor mean to you?
d.
4 A. The investor behind this loan.
5 Q. Is what entity according to MERS?
au
6 A. Fannie Mae.
7 Q. Okay. So Fannie Mae is the owner of the
Fr
8 note?
re
9 MR. ROSENQUEST: Object to form. That's
10 not what she said.su

12 THE WITNESS: The investor that has the

clo
13 beneficial interest in the loan, yeah.
14 BY MR. FLANAGAN:
re
15 Q. Okay. So that would be the entity entitled
16 to foreclose, then, on the mortgage, right?

Fo
17 MS. FRIEDMAN: Oh, my God.
18 MR. NEWMAN: Object to the form.

op
20 THE WITNESS: You can foreclose in Florida

St
21 in many different ways. You don't have to be the

w.
22 sole owner of the note in order to foreclose.
23 BY MR. FLANAGAN:
ww
24 Q. Okay. Then is there any documentation that
25 you have seen that authorizes or permits Countrywide Home
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Page 59
m
1 Loans Servicing LP to foreclose on the mortgage on behalf
co
2 of Fannie Mae?
d.
4 THE WITNESS: I don't know. I don't know
5 if I've seen any document.
au
6 BY MR. FLANAGAN:
7 Q. Are you aware of any assignment or
Fr
8 agreement between Fannie Mae and Home Loans Servicing,
re
9 Inc. that authorizes Countrywide Home Loans Servicing LP
10 to function in that capacity?

su
11 A. Yes.
12 Q. What?
clo
13 A. I am aware. I am aware that there -- that
14 BAC Home Loans Servicing LP has the right to foreclose.

re
15 Q. Hang on a minute. You jumped --
16 MS. FRIEDMAN: He asked you about

Fo
17 Countrywide.
18 BY MR. FLANAGAN:
op
19 Q. I asked you about Countrywide Home Loans
20 Servicing LP and Fannie Mae.

St
21 A. Oh, Yeah. Yeah. Yeah. I'm aware. You

w.
22 asked if I was aware. You asked me several other things
23 if I had seen and if I was aware.

ww
24 Q. I'm asking, have you seen any document that
25 authorizes Countrywide Home Loans Servicing LP to
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1 function on behalf of Fannie Mae for foreclosure or
co
2 servicing --
3 A. I don't know.
d.
4 Q. -- of the loan?
5 A. I don't know.
au
6 Q. Okay.
7 A. I may have.
Fr
8 Q. Did you check to see if there were any such
re
9 documents in existence back in December of 2008?
10 A. I don't remember what exactly I did when I

su
11 executed the assignment of mortgage in '08.
12 Q. Was Fannie Mae the note holder in 2008,

clo
13 December of 2008?

re
15 THE WITNESS: They held the beneficial
16 interest in the note, yes.

Fo
17 BY MR. FLANAGAN:
18 Q. MERS didn't receive payments for the

op
19 mortgage, right?
20 A. I don't know.
St

w.
22 BY MR. FLANAGAN:
23 Q. That's by the mortgage servicer?

ww
25 THE WITNESS: What do you mean, that's by
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m
1 the --
co
2 BY MR. FLANAGAN:
3 Q. You mentioned that there's a servicer for
d.
4 the mortgage.
5 A. Correct.
au
6 Q. And that is who?
7 A. At the time --
Fr
8 Q. Yes, ma'am.
re
9 A. -- when I executed it?
10 Q. Yes, ma'am.su
11 A. It was, to go back, Countrywide Home Loans
12 Servicing LP.
clo
13 Q. Okay. Now, they're the entity that
14 essentially collects the payments from the borrower.

re
15 A. The servicer does.
16 Q. And then they forward some portion of the

Fo
17 payment to the owner of the note?

op

St
21 BY MR. FLANAGAN:
w.
22 Q. But MERS, in any event, doesn't receive the
23 payments, right?
ww
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m
1 MR. NEWMAN: Join.
co
2 MR. ROSENQUEST: Getting outside the scope
3 of the Court's order as well.
d.
4 THE WITNESS: I don't know. They're not
5 the servicer.
au
6 BY MR. FLANAGAN:
7 Q. Do you know if MERS has rules and
Fr
8 regulations concerning the authority to make assignments?
re
9 A. I don't know.
10 Q. Does MERS limit the authority to make

su
11 assignments to only its members?
12 MS. FRIEDMAN: Object --

clo
14 MS. FRIEDMAN: -- to the form.

re

Fo
17 BY MR. FLANAGAN:
18 Q. Do you know who input the information into

op
19 the MERS System reflecting Fannie Mae as having the
20 beneficial ownership interest in the note?

St

w.
23 MR. ROSENQUEST: And we're well beyond the

ww
24 scope of this deposition.
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Page 63
m
co
2 BY MR. FLANAGAN:
3 Q. Once you executed the authorization or --
d.
4 excuse me.
5 Once you executed the assignment, Exhibit
au
6 No. 4, what did you do with it?
7 A. After I executed it?
Fr
8 Q. Yes, ma'am.
re
9 A. I gave it back to the paralegal.
10 Q. And then where does it go from there?

su
11 A. It gets sent for recording.
12 Q. Recording where?
clo
13 A. To the public records of the particular
14 county.
re
15 Q. In this case, Palm Beach County?
16 A. In this case, in Broward.

Fo
17 Q. And is that where the original of the
18 assignment went, was to the clerk's office for recording?

op
19 A. That's the only way they'll record it.
20 Q. Okay. Did you send a copy to MERS?

St
21 A. That isn't our procedure.

w.
22 Q. Does MERS get copied with the assignment in
23 any point in time, to your knowledge?

ww
24 A. No.
25 Q. How about Fannie Mae, did Fannie Mae get
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1 copied with the assignment?
co
2 A. I don't know.
3 Q. Bank of America took over Countrywide in
d.
4 July 2008. Were you aware of that at the time?
5 A. I don't remember the exact date. I know
au
6 they were taken over.
7 Q. All right. When you were considering
Fr
8 executing this assignment in December 2008, did you speak
re
9 with anyone at Bank of America concerning the authority
10 to execute the assignment? su

11 A. No.
12 Q. Had there been any change in corporate

clo
13 resolutions with regard to what Countrywide could or
14 couldn't do after July of 2008 --

re
15 A. I don't know.
16 Q. -- with regard to the mortgages that they

Fo
17 had executed?
18 A. I don't know.
op
19 Q. Had there been any change by Bank of
20 America with regard to who could or couldn't authorize or

St
21 execute assignments on their behalf at that time?

w.

ww
24 BY MR. FLANAGAN:
25 Q. Was Bank of America reflected in the MERS
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m
1 System as the servicer back in December of 2008?
co
2 A. I don't know.
3 Q. That's who is currently reflected, right?
d.
4 A. Yes.
5 Q. Isn't it Bank of America Corp.?
au
6 A. BAC Home Loans Servicing, right.
7 Q. Yeah. What's the relationship between
Fr
8 Countrywide Home Loans Servicing LP and BAC Loans
re
9 Servicing?
10 MS. FRIEDMAN:
su Form.

clo
13 THE WITNESS: It's my understanding that
14 they took them over.

re
15 BY MR. FLANAGAN:
16 Q. Do you know when?

Fo
17 A. I don't know.
18 MS. FRIEDMAN: Do you need to eat? Is your

op
19 blood sugar dropping?
20 THE WITNESS: (Nods head.)

St
21 MS. FRIEDMAN: Okay.

w.
22 MR. FLANAGAN: Do you need to take a break?
23 MS. FRIEDMAN: Yeah. Well, she needs to

ww
24 eat, so how much longer do you have?
25 MR. FLANAGAN: Maybe a half hour.
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1 MS. FRIEDMAN: She can't go a half hour.
co
2 MR. FLANAGAN: I'll take a -- I'm not --
3 MS. FRIEDMAN: She needs to eat lunch.
d.
4 THE WITNESS: I have -- I get...
5 MS. FRIEDMAN: Hypo --
au
6 MR. FLANAGAN: I can sympathize with that.
7 Do you want to take a break?
Fr
8 MS. FRIEDMAN: Did you bring anything?
re
9 THE WITNESS: I think I brought peanuts.
10 That's all I have. su

11 MS. FRIEDMAN: We both know that doesn't do
12 it so good.
clo
13 THE WITNESS: I know.
14 MR. FLANAGAN: Why don't we take a break

re
15 for half an hour and you can run downstairs and
16 get a sandwich or whatever you need, okay, because

Fo
17 I don't want to make you uncomfortable with --
18 THE WITNESS: I just feel like...

op
19 MR. FLANAGAN: That's okay.
20 MS. FRIEDMAN: I can see it on your face.

St
21 (A recess was taken from 11:37 a.m. to

w.
22 12:11 p.m.)
23 BY MR. FLANAGAN:
ww
24 Q. In referring to Exhibit No. 6, the computer
25 screen that you said you're familiar with for MERS, in
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m
1 December of 2008 when you executed the assignment, the
co
2 investor information that's reflected on this exhibit,
3 was that available for you to see at that time?
d.
5 Q. Was there any other screen or information
au
6 that you could access through MERS other than just this
7 generic information that currently comes up?
Fr
8 A. I don't know if they're -- I know I've gone
re
9 on there before and looked around and dissected, but
10 usually this is the only thing that I utilize.

su
11 Q. Okay. But in your relationship with MERS
12 or generally just in doing the foreclosure work, you

clo
13 didn't get access to some other MERS computer program --
14 A. Right.
re
15 Q. -- other than what's generally available to
16 the public.
Fo
17 A. Correct.
18 Q. Okay. There's another copy of the

op
19 assignment of mortgage that we've been provided. Take a
20 look at that, if you would. We'll have it marked as

St
21 Exhibit 7.
w.
22 (Defendant's No. 7, Assignment of Mortgage,
23 was marked for identification.)

ww
24 BY MR. FLANAGAN:
25 Q. Do you recognize that as another copy of
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1 the assignment that you executed December 18th?
co
2 A. Yes.
3 Q. Is that your signature in the center of the
d.
4 page there?
5 A. (Nods head.)
au
6 Q. And yet it's different from the one that we
7 had previously marked as Exhibit No. 4, right?
Fr
8 A. (Nods head.)
re
9 Q. Excuse me. It reflects to me that you made
10 two different -- prepared two different documents that

su
11 day. Is that your recollection?
12 A. No.
clo
13 Q. All right. Can you explain to me the
14 difference and the reason for the difference?

re
15 A. It appears the difference in the two is in
16 the middle area after -- where it says "more particular."

Fo
17 Q. To describe the property.
18 A. Yes.
op
19 Q. Yeah.
20 A. I don't know that it's really two different

St
21 documents. It may in fact be the same document. I have

w.
22 no idea.
23 Q. Do you have any recollection what was going

ww
24 on and what prompted the --
25 A. No.
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m
1 Q. -- alteration or the change?
co
2 A. No, I do not.
3 Q. Okay. Do you recall the passing of time,
d.
4 if any, between executing both of them?
5 A. No, I don't.
au
6 Q. Did you have present at the time of the
7 execution the legal property description, any loan
Fr
8 document, any loan origination documents, anything along
re
9 those lines that you would have reviewed before you did
10 the assignment? su
11 MR. ROSENQUEST: Which one? Objection.
12 Which assignment? Sorry, you put an exhibit in

clo
13 front of her.
14 MR. FLANAGAN: Exhibit 6 or, excuse me, 7.

re
15 MS. FRIEDMAN: Seven.
16 THE WITNESS: Okay. I don't -- like I said

Fo
17 before, I don't remember actually executing it but
18 the procedure that I undertake is I review things

op
19 in our case management system.
20 BY MR. FLANAGAN:
St
21 Q. Okay. Which is -- what's in the case

w.
22 management system as far as documentation?
23 A. Referral, copy of the mortgage, the note,

ww
24 several documents that -- we try to have everything, you
25 know, E-filing type thing in the office so it's
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1 electronic copies of things.
co
2 Q. Okay. And you figure that you customarily
3 would have reviewed those documents before preparing the
d.
4 assignment?
5 A. Yes.
au
6 Q. All right. Which one of these Exhibit 4 or
7 Exhibit 7 was first done by you?
Fr
8 A. I don't know.
re
9 Q. You didn't forward your copy of your
10 assignment to MERS. Did you forward it to Countrywide or

su
11 Fannie Mae?
12 A. I don't know.
clo
13 Q. Did you forward it to anyone other than the
14 clerk of the court, as you previously mentioned to me?

re
15 A. I don't know.
16 Q. When you executed the assignment in

Fo
17 December of '08, were you concerned that there may have
18 been other assignments that had previously been done

op
19 prior to yours?
20 A. I don't know.
St
21 Q. Did you have any way of checking to see if

w.
22 someone else had done an assignment prior to you?
23 A. The case management system, I don't

ww
24 remember what I did in this particular case when I
25 executed it. I would have only reviewed what was in our
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1 case management system which includes examiner's notes,
co
2 work sheets, the actual, all sorts of different documents
3 from the review.
d.
4 Q. Okay. Have you seen any contracts or
5 agreements between Fannie Mae and Countrywide with regard
au
6 to the ownership of the note?
7 A. No, I have not.
Fr
8 Q. To your knowledge, was there any corporate
re
9 resolution or action on the part of Bank of America to
10 adopt and confirm your authority to sign on behalf of

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11 MERS for Countrywide?
12 MS. FRIEDMAN: I'm sorry, would you just

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13 read that back?

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15 reporter.)

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17 BY MR. FLANAGAN:
18 Q. So then in December of 2008, do you know if

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19 you still had the authority to function on behalf of
20 Countrywide through MERS?

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21 A. At the time that I executed the document, I

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22 relied upon the corporate resolution. Was it Exhibit 1?
23 Q. Number 1. Okay. And do you know whether

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24 or not that was still in effect at that time?
25 A. It was my understanding that it was. I had
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Page 72
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1 no knowledge that it had not been.
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2 Q. Had you attempted to contact anyone with
3 Bank of America to find out if that was in fact the case?
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5 THE WITNESS: I don't remember what I did.
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6 I just relayed to you what I did.
7 MS. FRIEDMAN: Let me just state an
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8 objection on the record. All of this assumes that
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9 Bank of America was even the entity in December of
10 '08. su
11 MR. FLANAGAN: Oh, yeah. I mean, they took
12 over and --
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13 MS. FRIEDMAN: Not. Not. I disagree with
14 you. I think your dates are wrong.

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15 BY MR. FLANAGAN:
16 Q. For Fannie Mae to be designated as the

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17 investor in the MERS System, does that indicate to you
18 that Fannie Mae had ownership of the note at that time?

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20 THE WITNESS: Can you repeat that again?

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21 BY MR. FLANAGAN:
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22 Q. Sure. In the MERS System, if Fannie Mae is
23 indicated as the investor, does that indicate to you that

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24 they had ownership of the note at that time?
25 MS. FRIEDMAN: What time?
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1 MR. FLANAGAN: In December of '08.
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2 THE WITNESS: I don't remember what it
3 indicated in December of '08, but as to the
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4 Exhibit 6, the investor is showing Fannie Mae. It
5 shows that they're the investor with the
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6 beneficial interest.
7 BY MR. FLANAGAN:
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8 Q. All right. So would that indicate to you
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9 that there had been some type of a transfer or assignment
10 of the note between Countrywide and Fannie Mae --

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11 MS. FRIEDMAN: Objection.
12 BY MR. FLANAGAN:
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13 Q. -- at some prior point in time?
14 A. I don't know.
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15 Q. MERS doesn't track the note information,
16 right?
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21 BY MR. FLANAGAN:
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22 Q. Have you been a party to any litigation?
23 A. I don't know. My name may have been listed

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24 as a defendant in a case but I don't know.
25 Q. No, okay.
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Page 74
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1 MS. FRIEDMAN: He means have you ever been
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2 a plaintiff or a defendant.
3 THE WITNESS: Oh. Oh.
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4 BY MR. FLANAGAN:
5 Q. That's all. I mean, I know that you might
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6 have been named and you may not know it. I'm looking for
7 have you --
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8 A. Oh. Oh.
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9 MR. NEWMAN: Just for background purposes,
10 we get sued individually all the time so we don't

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11 even remember half the time.
12 THE WITNESS: I've been there ten years and

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13 there have been --
14 MR. NEWMAN: Wacko pro se people sue us all

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15 the time.
16 THE WITNESS: Correct. I wouldn't know,

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17 but ten years.
18 BY MR. FLANAGAN:
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19 Q. All right. Let me try and -- I don't want
20 to go wonder and hither, tither and hither.

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21 A. Yeah.
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22 Q. In your capacity as a lawyer, you or the
23 firm could be sued --

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24 A. Right.
25 Q. -- any time, for any reason --
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Page 75
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1 A. Correct.
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2 Q. -- legitimate or not, okay.
3 Have you been named as a party defendant in
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4 any litigation concerning execution of any assignments of
5 mortgage as an assistant secretary of MERS?
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6 A. Oh. No, not to my knowledge.
7 Q. Have you given prior depositions in your
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8 capacity as having signed assignments of mortgages for
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9 MERS?
10 MR. ROSENQUEST:
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11 THE WITNESS: Yes.
12 MR. ROSENQUEST: And scope of the

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13 questions.
14 BY MR. FLANAGAN:
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15 Q. On how many occasions?
16 A. One.
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17 Q. How long ago? I mean, are we talking three
18 years ago or last year?

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19 A. No. No. Within the past year.
20 Q. Okay. Does the name R.K. Arnold mean

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21 anything to you?
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22 A. No.
23 Q. Do you know Mr. Arnold, who is the

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24 president of MERS?
25 A. No.
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1 Q. You never heard of him?
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2 A. No.
3 Q. If he stated that in order to be a
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4 certifying officer and sign an assignment on behalf of
5 MERS somebody needed to pass and complete an examination,
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6 is that something that is familiar to you?
7 A. It's not familiar to me, no. I don't know.
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8 Q. Okay. That was not something that you had
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9 to do.
10 A. I did not do that.

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11 Q. Okay. And if he's saying that, if that was
12 a rule or a qualification, that was something that was

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13 not made known to you.

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18 MR. FLANAGAN: Okay. Done.

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19 MS. FRIEDMAN: Thank you. We read.
20 THE COURT REPORTER: Do you need this

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21 transcribed?
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22 MR. FLANAGAN: Please, and attach the
23 exhibits.
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24 MS. FRIEDMAN: I want a copy, please.
25 THE COURT REPORTER: Does anyone else need
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Page 77
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1 a copy?
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2 MR. ROSENQUEST: Let me get back to you on
3 that. I'll check.
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4 (Deposition concluded at 12:30 p.m.)
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7
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Page 78
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1 CERTIFICATE OF OATH
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2
3 THE STATE OF FLORIDA, )
d.
4 COUNTY OF BROWARD. )
5
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6
7 I, Joyce L. Bluteau, Registered Professional
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8 Reporter, Notary Public in and for the State of Florida,
9 certify that PATRICIA ARANGO personally appeared before
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10 me on the 7th of January, 2011, and was duly sworn.
11 su
12 WITNESS my hand and official seal this 10th day
13 of January, 2011.
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14
15
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16
17
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18
19
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20 _____________________________
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21 Notary Public - State of Florida

My Commission DD 736713
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22 Expires: March 26, 2012

23
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24
25
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Page 79
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1 CERTIFICATE OF REPORTER
2
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THE STATE OF FLORIDA, )
3
COUNTY OF BROWARD. )
d.
4
5
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I, Joyce L. Bluteau, Registered Professional
6 Reporter, do hereby certify that I was authorized to and
did stenographically report the deposition of PATRICIA
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7 ARANGO; that a review of the transcript was requested;
and that the foregoing transcript, numbered from 1 to 81,
8 inclusive, are a true and correct transcription of my
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stenographic notes.
9
I further certify that said deposition was
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10 taken at the time and place hereinabove set forth and
that the taking of said deposition was commenced and
11 completed as hereinabove set out.
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12 I further certify that I am not an attorney or
counsel of any of the parties, nor am I a relative or
13 employee of any attorney or counsel of party connected
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with the action, nor am I financially interested in the

14 action.
15 The foregoing certification of this transcript
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does not apply to any reproduction of the same by any

16 means unless under the direct control and/or direction of
the certifying reporter.
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17
DATED this 10th day of January, 2011.
18
19
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20
21
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22
____________________________________
23 Joyce L. Bluteau,
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Registered Professional Reporter

24 Florida Professional Reporter
25
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Page 80
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1 DATE: January 10, 2011
TO: PATRICIA ARANGO
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2 C/O: MS. DALE L. FRIEDMAN, ESQ.
d.
3440 Hollywood Boulevard, 2nd Floor
4 Hollywood, Florida 33021
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5 IN RE: COUNTRYWIDE HOME LOANS SERVICING LP V
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
6 INCORPORATED, et al.
7 Please take notice that on Friday, January 7, 2011,
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you gave your deposition in the above-referred matter.
8 At that time, you did not waive signature. It is now
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necessary that you sign your deposition.
9
Please call our office at the below-listed number to
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10 schedule an appointment between the hours of 9:00 a.m.
and 4:30 p.m., Monday through Friday.
11
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If you do not read and sign the deposition within a
12 reasonable time, the original, which has already been
forwarded to the ordering attorney, may be filed with the
13 Clerk of the Court. If you wish to waive your signature,
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sign your name in the blank at the bottom of this letter

14 and return it to us.
15 Very truly yours,
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16 _________________________________
17 Consor & Associates Reporting and Transcription
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1655 Palm Beach Lakes Boulevard, Suite 500

18 West Palm Beach, Florida 33401
19
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I do hereby waive my signature:

20
_______________________________
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21 PATRICIA ARANGO
22
23 cc via transcript: James Flanagan, Esq.
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24
file copy
25
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Page 81
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1 E R R A T A S H E E T
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2 IN RE: COUNTRYWIDE HOME LOANS SERVICING LP V
MORTGAGE ELECTRONIC REGISTRATION
3 SYSTEMS, INCORPORATED, et al.
d.
DEPOSITION OF: PATRICIA ARANGO TAKEN: 01/07/2011
4 REPORTER: JOYCE L. BLUTEAU, RPR, FPR
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DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE
5 PAGE # LINE # CHANGE REASON
_________________________________________________________
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6 _________________________________________________________
7 _________________________________________________________
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8 _________________________________________________________
9 _________________________________________________________
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10 _________________________________________________________
11 _________________________________________________________
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12 _________________________________________________________
13 _________________________________________________________
14 _________________________________________________________
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15 _________________________________________________________
16 _________________________________________________________
17 _________________________________________________________
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18 _________________________________________________________
19 _________________________________________________________
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20 _________________________________________________________
21 Please forward the original signed errata sheet to this
office so that copies may be distributed to all parties.
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22
Under penalty of perjury, I declare that I have read my
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23 deposition and that it is true and correct subject to any

changes in form or substance entered here.
24
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DATE:_______ SIGNATURE OF DEPONENT:______________________

25
Ph. 561.682.0905 - Fax. 561.682.1771

nsor & Associates
Rrpnrtjrj »ml Tr$»»cripttiia, Itic.
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1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
2 CASE NO.: CACE 09 001184
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3
COUNTRYWIDE HOME LOANS
SERVICING LP,
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4
5 Plaintiff,
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6 -vs-
7 MORTGAGE
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ELECTRONIC REGISTRATION
8 SYSTEMS, INCORPORATED, AS A
NOMINEE FOR COUNTRYWIDE HOME
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9 LOANS, INC.; UNKNOWN SPOUSE OF
JOHN DOE; JANE
10 DOE AS UNKNOWN TENANT(S) IN su
POSSESSION OF THE SUBJECT
11 PROPERTY,
12 Defendants.
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13
14
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DEPOSITION OF PATRICIA ARANGO

15
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16
Friday, January 7, 2011
17 10:16 a.m. - 12:30 p.m.
p
18
101 N.E. 3rd Avenue, #1500
to
20
S
21
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22 Reported By:
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23 Notary Public, State of Florida

Consor & Associates Reporting and Transcription
24 West Palm Beach Office
Phone - 561.682.0905
25
Page: 1
nsor & Associates
Rcpnf<ir2 »n4 Tr»i»<riptni3, Int
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1 APPEARANCES:
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On behalf of the Plaintiff:
3 DAVID NEWMAN, ESQ.
LAW OFFICES OF MARSHALL C. WATSON, P.A,
1800 Northwest 49th Street
d.
4
Suite 120
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954.453.0365
6
7 On behalf of the Defendant,
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JAMES FLANAGAN, ESQ.
8 ICE LEGAL, P.A.
1015 North State Road 7
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9 Suite D
Royal Palm Beach, Florida 33411
10 561.729.0530 su
11
On behalf of the Defendant, Mortgage Electronic
12 Registration Systems, Inc.:
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JOHN B. ROSENQUEST, IV, ESQ.
13 MORGAN, LEWIS & BOCKIUS, LLP
200 South Biscayne Boulevard
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14 5300 Wachovia Financial Center

Miami, Florida 33131-2339
15 305.415.3423
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16
On behalf of Patricia Arango:
17 DALE L. FRIEDMAN, ESQ.
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3440 Hollywood Boulevard
19 2nd Floor
Hollywood, Florida 33021
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20 954.961.1400
21
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22
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23
24
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Page: 2
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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
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CORPORATE RESOLUTION
Be it Resolved thai the attached list of candidates are employee(s) of Marshall C. Watson. P.A, and
d.
are hereby appointed as assistant secretaries and vice presidents of MortgageElectronic Registration
Systems, Inc., and as such, are authorized to:
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Assign the lien of any mortgage loan registered on theMERS© System that is shown to be
registered to Countrywide Financial Corporation, or its designee.
Release thelien of any mortgage loan registered onthe MERS® System that is shown to be
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registered to Countrywide Financial Corporation or its designee.
I, William C. HuitmanT being the Corporate Secretary of Mortgage Electronic Registration Systems, Inc.,
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hereby certify that the foregoing is a true copy of a Resolution duly adopted by the Board of Directors of
said corporation effective as of the Jj^ day ofpch^J, 2007 which is in full force and effect on this
date and does not conflict with the Certificate of Incorporation or By-Laws of said corporation.
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Secretary
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Marshall C. Watsoi^ P.A.
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Mortgage Electronic Registration Systems. Inc,
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Certifying Officers
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Caryn A. Graham, Esq.
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Patricia A. Arango, Esq.
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cm # 107030091, OR BK 43967 Page 636, Page 1 of 1, Record*
11':49 AM, Bronard County Commission, Deputy Clerk 1911
CFN 20070239184
OR BK 21737 PG 1353
Prepared by: RECORDED 05/16/2007 09:38:38
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Cinnamon Lehto
Countrywide Financial Pain Beach County, Florida
400 Countrywide Way Sharon R. Bock, CLERK & COMPTROLLER
Siai Volley, CA 93065
Pg 1353; (lpg)
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LIMITED POWER OF ATTORNEY
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KNOW ALL MEN BY THESE PRESENTS. THAT Countrywide Home Loans, Inc., a corporation
„anized under thelaws oftheState of New York, ("Principal"), has made, constituted and appointed, and by
these, presents docs make, constitute and appoint, Carvn A. Graham. Esq. and Patricia A. Aranco. Esq. of the
sljyrbfficcs of Marshall C. Watson, P.A of Law Offices of Marshall C. Watson. P.A... as its attorney-in-fact
r'Ait^mey-in-Fact") to act with the following limitedpowers, to wit:
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ExecuiidtiM behalfofPrincipal ofAssignments ofMortgage necessary to the commencement and conduct of
foreclosure proceedings in the stale or Florida .
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FTiR^HER, the Attorney-in-Fact is authorized to execute, acknowledge and deliver any instrument
under seal or otherwise, andto doall things necessary tocarry outthe intent hereof, hereby granting full power
and authority/tiract in and concerning the conduct of foreclosures and related proceedings as fully and
effectually as^-meîjncipal may do if personally present, limited however, to the purpose for which this
authorization is cxecttled, and subject to the terms and conditions set forth herein and in accordance with the
standard ofcare ofefiduciary agent.
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Ifurther decJta^lhV'any act or thing lawfully done hereunder and within the powers herein stated shall
be binding on the rMrVjipaJ^prbvided however that such power shall be limited to the purposes stated insaid
instrument(s). X"/>
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Third parties may re'ytl&on the representations ofthe Attorney-in-Fact and asto all matters relating to
any power granted to them her^dWand the powers granted hereunder shall continue for three years from the
dale ofexecution ofthis Appoikttpenfor until said Appointment is revoked in writing by Countrywide Home
Loans, Inc.. whichever occurs first .
Nothing contained in this bSiutpdvPowcr of Attorney shall be construed or interpreted to relieve the
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Attorney-in-Fact from aproper accourifing-'pftheir actions to Countrywide Home Loans, Inc and its successors
and assigns, but persons dealing with thV#tt;orney-in-Fact shall be under no duty tosee that this isdone.
IN WITNESS WHEREOF, Countrywjde^Home Loans, Inc.has causedthis documentto be executedby
its undersigned officer/authorized agcrrt^'hlFhas hereunto set his hand and seal this [3 day nf
of
ftyW .2007.
or
Countrywide Home Loans, Inc.

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By: <ÛVUUXbL. CMsrvW'-S
STATE OF California
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COUNTY OF Ventura
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I hereby certify that on this | j day of fPori 1 2007, before me the undersigned officer,
personallyappearedJeannctte Grodsky whoacknowledged that he is the First Vice President of Countrywide
Home Loans, Inc. and that, as such officer, being authorized so to do, executed the foregoing Limited Power of
Attorney in the capacity herein stated and for the purposes herein contained, and acknowledged the same to be
the act and deed of the corporation named herein.
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In Witness Whereof I have hereunto set my hand and officiri seal.

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My Commission Expires: IPf2*20I'D 5 &?

LLMTTED POWER OF ATTORNEY—Pige 1 of I JENNIFER R. GORDON^
i CottM. 11697362 tf
is
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VrrmuCamn ""
Ift t<r*tEu. Oct l. an T*
"*xim,r.**'
Book21737/Page1353 Page 1 of 1
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-7 9 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
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This document was prepared by:
VIRNA ROSADO
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1*3 £
Q c 1600 SAWGRASS COR? PKKY, 130
«*> SUNRISE
g FL 33323
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•[Space AboveThis Liue For Recording Dala]-
5 « vS>
o =s « 05-2429G 00011060155806005
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[Escrow/closing #) |Doc ID i]
MORTGAGE
MIN1000157-00055S4388-7
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DEFINITIONS
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Words used in multiple sections of this document are denned below and other words are defined in Sections 3,
11. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
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(A) "Security Instrument" means this document, which is dated AUGUST 17, 2005 . together
with all Riders to this document.
(B) "Borrower" is
a single man
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Borrower is the mortgagor under this Security Instrument.

(C) "MERS" is Mortgage Electronic Registration Systems. Inc.MERS is a separate corporation thatis acting
or
solely as a nomineeforLenderand Lender's successors and assigns. MERS is the mortgagee under tliis
Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. 3ox 2026, Flint, MI 4S501-2026, tel. (S88) 679-MERS.
(D) "Lender" is
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COUNTRYWIDE HOME LOANS, IMC.

Lender is a CORPORATION
organized and existing under the laws of NEW YORK
Lender's address is
4500 Park Granada, Calabasas, CA 91302-1613
(E) "Note" means the promissory note signed by Borrower and dated AUGUST 17, 20C5 . Tne
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Note slates that Borrower owes Lender

TWO HUNDRED FIFTY SIX THOUSAND and 00/100
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Dollars(U.S.S 256,000.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than SEPTEMBER 01, 2035 .
(F) "Property" means the property thatis described below undertheheading "Transfer of Rights in the
Property."
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FLORIDA-Slnglo Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS

Pagei oM1 ,nillal
<^> -6A(FL) (0005) CHL (08/00)(d) VMP MORTGAGE FORMS •(800)521-7291
CONV7VA
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DOC ID #: 00011060155808005
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, andall sums due under this SecurityInstrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
d.
Z3 Adjustable Rate Rider Z3 Condominium Rider ID Second Home Rider
ZH Balloon Rider iD Planned Unit Development Rider Z] 1-4 Family Rider
ZH VARider d Biweekly Payment Rider HI Other(s) [specify)
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(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
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ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
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or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
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transactions, transfersinitiated by telephone, wire transfers, and automatedclearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "MiscellaneousProceeds" meansany compensation, settlement, award of damages, or proceeds paidby
any thirdparry (other than insurance proceeds paidunderthe coverages described in Section5) for: (i) damage
s
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
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(N) "Mortgage Insurance" means insurance protecting Lenderagainst the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, RegulationX (24 C.F.R.Part3500),as they might be amended from time to time, or
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any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
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(Q) "Successor in Interest of Borrower" meansany party thathas takentitle to the Property, whetheror not
that party has assumed Borrower'sobligationsunder the Note and/orthis Security Instrument
TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
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modifications of the Note; and (h) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS, the following describedproperty located in the
COUNTY of BROWARD :
[Type of Recording Jurisdiction] [Nameof Recording Jurisdiction]
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SEE EXHIBIT "A" ATTACHED HERETO

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Initials:
<S3> -6A(FL) (0005) CHL (08/00) Page 2ot 11 /» Form 3010 1/01
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DOC ID #: 00011060155808005
Parcel ID Number: 199350502420 which currently has the address of
2487 CORDOBA BND, WESTON
[Street/City]
Florida 33327-2256 ("PropertyAddress"):
[Zip Code]
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TOGETHERWITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now orhereafter a part of the property. All replacements and additions shall also
be coveredby this Security Instrument All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument but, if necessary to comply with law or custom,MERS (as nominee for
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Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasingand cancelingthis Security Instrument
BORROWER COVENANTS that Borroweris lawfully seised of the estate hereby conveyed and has the
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right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subjectto any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
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UNIFORM COVENANTS. Borrowerand Lender covenantand agreeas follows:
1. Paymentof Principal, Interest,EscrowItems,Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
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charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier'scheck, provided any
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such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when receivedat the location designated in the Note or at such
other location as may be designatedby Lenderin accordance with the notice provisionsin Section 15. Lender
or
may return any payment or partial payment if the payment or partial payments are insufficient to bring the
Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current
without waiver of any rights hereunderor prejudice to its rightsto refuse such payment or partial payments in
the future, but Lender is not obligatedto apply such paymentsat the time such payments areaccepted.If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
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funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future
againstLender shall relieve Borrowerfrom making paymentsdue underthe Note and this Security Instrument
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or performing the covenants and agreements securedby this Security Instrument

2. Application of Payments or Proceeds. Except as otherwisedescribed in this Section 2, all payments
accepted and appliedby Lender shallbe applied in the following order of priority: (a) interestdue under the
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Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument and then to reduce the principal
balance of the Note.
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If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late chargedue, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
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Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Initials:
<SE> -6A(FL) (0005) CHL (08/00) Page 3of 11 Form 3010 1/01
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Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the PeriodicPayments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day PeriodicPayments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a)
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taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurancerequiredby Lender under Section 5; and (d) MortgageInsurancepremiums, if any, or
any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
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accordance with the provisions of Section 10.These items arecalled"Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
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Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall
pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any
or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow
Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay
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directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has
been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
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Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts,thatarethen required underthis Section 3.
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Lender may, at any time, collect and hold Fundsin an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
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Loan Bank. Lender shall apply the Funds to pay the Esaow Items no later than the time specified under
RESPA. Lender shall not chargeBorrowerforholding and applyingthe Funds,annuallyanalyzing the escrow
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account or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shallnot be requiredto pay Borrower any interest or earnings
on the Funds. Borrower and Lender can agreein writing, however, that interest shall be paid on the Funds.
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Lender shall give to Borrower, without charge,an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as definedunderRESPA, Lender shallaccountto Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
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Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall payall taxes, assessments, charges, fines, andimpositions attributable
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to the Property which can attain priorityover this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community AssociationDues,Fees,and Assessments,if any. To the extent that these
items areEscrow Items, Borrowershall pay them in the mannerprovided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
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Borrower, (a) agrees in writing to the payment of the obligationsecuredby the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends againstenforcement of the lien in, legalproceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
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Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument Lendermay give Borrower a notice identifying the lien. Within 10 days
of the date on whichthatnoticeis given, Borrower shall satisfy thelienor takeoneormoreof/tljeâctions set
forth above in this Section 4.
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<S&-6A(FL) (0005) CHt(08/00) Page 4of11 Form 3010 1/01

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Lendermay require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrowershall keep the improvementsnow existing or hereaftererectedon the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
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insurance shall be maintainedin the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall notbeexercised unreasonably. Lender mayrequire Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zonedetermination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
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subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
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If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's optionandBorrower's expense. Lender is underno obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges
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that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower couldhaveobtained. Any amounts disbursed by Lender under thisSection 5 shallbecomeadditional
debt of Borrowersecuredby this SecurityInstrument. These amounts shall bearinterestat the Note rate from
the date of disbursement and shall be payable, with such interest upon notice from Lender to Borrower
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requesting payment
All insurancepoliciesrequired by Lender and renewals of such policiesshallbe subject to Lender'sright
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/oras an additional loss payee.Lendershallhave the rightto hold the policies and renewal certificates. If
Lender requires,Borrowershall promptly give to Lenderall receipts of paid premiumsand renewalnotices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
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destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additionalloss payee.
In the event of loss, Borrower shall give prompt noticeto the insurance carrier and Lender. Lendermay
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
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applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened.Duringsuch repair and restoration period, Lender shallhave the right to hold
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such insurance proceedsuntil Lender has had an opportunity to inspect such Property to ensure the work has
been completed to Lender's satisfaction, provided thatsuchinspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs andrestoration in a singlepayment or in a series of progress payments
as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such insurance proceeds, Lendershall not be required to pay Borrower any interest or earnings on
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such proceeds. Fees for public adjusters, or otherthird parties, retained by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceedsshall be applied to the
sums secured by this Security Instrument whether or not then due, with the excess, if any, paid to Borrower.
Such insurance proceeds shallbe applied in the orderprovided forin Section2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
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and related matters. If Borrowerdoes not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower herebyassigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
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not to exceed the amountsunpaidunderthe Note or this Security Instrument and(b) any otherof Borrower's
rights (other thanthe rightto any refundof unearned premiums paid by Borrower) underallinsurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lendermay use
theinsurance proceeds either to repair orrestore theProperty orto pay amounts unpaid under the Noteorthis
Security Instrument, whether or not then due.
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<2& -6A(FL) (0005) CHt (08/00) Page 5of 11 " Form 3010 1/01
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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall notbeunreasonably withheld, orunless extenuating circumstances exist
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which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
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theProperty from deteriorating ordecreasing in value due toitscondition. Unless it is determined pursuant to
Section 5 thatrepair orrestoration is noteconomically feasible, Borrower shall promptly repair theProperty if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lendermay disburse proceeds
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for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
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Borroweris not relieved of Borrower's obligation for the completion of suchrepairor restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior .of the improvements on the Property. Lender shall give
Borrowernotice at the time of or priorto such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrowershallbe in defaultif, during the Loan application process,
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Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lenderwith material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
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residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
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regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriateto protect Lender's interest in the Propertyand rights under this Security Instrument
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lender'sactions can include, but arenot limited to: (a) paying any sums secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
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interest in the Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make
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repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take
action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It
is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
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by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shallbe payable,with such interest,upon notice from Lenderto Borrowerrequestingpayment.
If this Security Instrumentis on a leasehold, Borrowershallcomply with all the provisionsof the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
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Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
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substantially equivalent to the Mortgage Insurance previously in effect at a cost substantiallyequivalent to the
cost to Borrower of the Mortgage Insurance previouslyin effect, from an alternate mortgageinsurer selected
by Lender. If substantially equivalent Mortgage Insurancecoverage is not available, Borrower shall continue
to pay to Lender the amount of the separatelydesignated payments that were due when the insurance coverage
ceased to be in effect Lender will accept use and retain these paymentsas a non-refundable loss reserve in
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lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan
is ultimately paid in full, and Lender shall not be required to pay Borrowerany interest or earnings on such
loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
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<&b-6AlFl.){00OS) CHL (08/00) Page 6of 11 Form 3010 1/01
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amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained,and Lender requiresseparately designated paymentstoward the premiums forMortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurancein effect or to provide a non-refundable loss
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reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is requiredby Applicable
Law. Nothing in this Section 10 affects Borrower's obligationto pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases die Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed.Borroweris not a parryto the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
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into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
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premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirecdy) amounts that derive
from (or might be characterizedas) a portionof Borrower'spayments for MortgageInsurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
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affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed"captivereinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
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owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
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11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Propertyis damaged, such Miscellaneous Proceeds shallbe appliedto restoration or repairof the
Property, if therestoration orrepair is economically feasible and Lender's security is notlessened. During such
repair andrestoration period. Lender shall havetheright toholdsuch Miscellaneous Proceeds untilLender has
hadanopportunity to inspect such Property to ensure thework has been completed to Lender's satisfaction,
or
provided thatsuchinspection shall be undertaken promptly. Lender may pay for therepairs andrestoration in
a singledisbursement or in a series of progress payments as the workis completed. Unless an agreement is
made in writingor Applicable Law requires interest to be paid on suchMiscellaneous Proceeds, Lendershall
notbe required to pay Borrower any interest orearnings onsuch Miscellaneous Proceeds. If therestoration or
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repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall
be applied to thesums secured by this Security Instrument whether ornotthen due, with theexcess, if any,
paid toBorrower. Such Miscellaneous Proceeds shall beapplied in theorder provided for in Section 2.
In the eventof a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sumssecured by this Security Instrument whether ornot thendue, with the excess, if
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any, paid to Borrower.

In theeventof a partial taking, destruction, orloss invalue of dieProperty in which thefair market value
of the Property immediately before the partial taking, destruction, or lossin value is equal to or greater than
theamount of the sums secured by thisSecurity Instrument immediately before the partial taking, destruction,
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or loss in value, unless Borrower andLender otherwise agree in writing, the sums secured by this Security
Instrument shall bereduced by theamount of the Miscellaneous Proceeds multiplied by thefollowing fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
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divided by (b) the fair market value of theProperty immediately before thepartial taking, destruction, orloss
in value. Any balance shall be paid to Borrower.
Intheevent of apartial taking, destruction, orloss invalue of theProperty in which thefair market value
of theProperty immediately before thepartial taking, destruction, orloss in value is less than the amount of
the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
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Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
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<g^-6A(FL) (0005) CHt (08/00) Page 7of 11 '' Form 3010 1/01
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If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thatthe Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
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Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that in
Lender'sjudgment could result in forfeiture of the Property or othermaterial impairment of Lender's interest
in the Propertyor rights under this Security Instrument Borrower can cure such a default and, if acceleration
has occurred, reinstate as providedin Section 19,by causing the action or proceeding to be dismissed with a
ruling that in Lender'sjudgment precludes forfeiture of the Property or othermaterial impairmentof Lender's
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interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
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the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums securedby this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of
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the sums secured by this Security Instrument by reasonof any demand made by the originalBorrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercisingany right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts less than the amount then due, shallnot be a waiver of or preclude the exercise of any
right or remedy.
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13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signingthis Security
Instrument only to mortgage, grant andconvey the co-signer's interest in the Property underthe termsof this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
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accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrowerwho assumes Borrower's
obligationsunder this Security Instrumentin writing,andis approved by Lender,shallobtainall of Borrower's
rightsandbenefits underthisSecurityInstrumentBorrower shall not be released from Borrower's obligations
andliabilityunderthis Security Instrument unless Lender agrees to suchrelease in writing. The covenants and
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agreementsof this Security Instrumentshallbind (except as providedin Section 20) andbenefit the successors
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and assigns of Lender.

14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument including, but not limited to, attorneys' fees, property inspection andvaluation fees. In
regard to any other fees, the absence of express authority in thisSecurity Instrument to charge a specific fee to
Borrower shallnot be construed as a prohibition on the charging of such fee. Lendermay not charge fees that
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areexpressly prohibitedby this Security Instrument or by ApplicableLaw.

If the Loan is subjectto a law which sets maximumloan charges, and thatlaw is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) anysuch loan charge shall be reduced by theamount necessary to reduce thecharge
to the permitted limit;and(b) any sumsalready collected from Borrower whichexceeded permitted limits will
be refunded to Borrower. Lender may choose to makethis refund by reducing the principal owed under the
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Note or by making a directpaymentto Borrower. If a refundreduces principal, the reduction will be treated as
a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiverof anyrightof action Borrower mighthavearising out of suchovercharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
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be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
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Initials:
<®k>6A(FL) (0005) CHt (08/00) Page 8of 11 Form 3010 1/01

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DOC ID #: 00011060155808005
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shallonly report a change of address through thatspecified procedure. There may be
only one designated noticeaddress under this Security Instrument at anyonetime.Any notice to Lender shall
d.
be givenby delivering it orby mailing it by first class mailto Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to havebeen given to Lender until actually received by Lender. If anynotice required by
this Security Instrument is also required under Applicable Law, theApplicable Law requirement will satisfy
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the corresponding requirementunderthis SecurityInstrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law mightexplicitiy or implicitly allow the parties to agree by contract or it mightbe silent but
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such silence shall not be construed as a prohibition against agreement by contract In the event that any
provision or clause of this Security Instrument or theNoteconflicts withApplicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
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corresponding neuter words orwords of the feminine gender; (b)words in thesingular shall mean andinclude
the plural andvice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
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17. Borrower's Copy. Borrower shallbe given one copy of the Note andof this SecurityInstrument
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in theProperty, including, but not limited to,
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those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement the intent of which is the transfer of title by Borrower at a future dateto a purchaser.
If all or any part of the Property oranyInterest in theProperty is soldortransferred (orif Borrower is not
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a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent Lender may require immediate payment in full of all sums secured by this Security Instrument,
However,this option shallnot be exercised by Lenderif suchexercise is prohibited by ApplicableLaw.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums securedby this Security Instrument If Borrower fails to pay these
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sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
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earliest of: (a) five days before sale of the Property pursuant to any power of sale containedin this Security
Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument including, but not limited to, reasonable attorneys' fees,
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property inspection and valuation fees, andotherfees incurred for the purpose of protecting Lender's interest
in the Property and rights under this Security Instrument; and (d) takes such actionas Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument and
Borrower's obligation to pay the sums secured by this Security Instrument shallcontinueunchanged. Lender
may require thatBorrower paysuchreinstatement sumsandexpenses in oneor moreof the following forms,
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as selected by Lender (a)cash; (b) moneyorder; (c) certified check, bank check,treasurer's check or cashier's
check, provided any suchcheck is drawn uponan institution whosedeposits are insured by a federal agency,
instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
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However, this rightto reinstate shallnot applyin the caseof acceleration underSection 18.
20. Sale of Note; Change of Loan Servicer; Noticeof Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) canbe sold one or moretimes without prior notice to Borrower.
A sale might resultin a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and this Security Instrument and performsother mortgageloan servicing obligations under
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the Note, this SecurityInstrument and Applicable Law. Therealsomightbe one or morechanges of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name andaddress of the new LoanServicer^tiie address to
Initials: M
<2£ -SA(FL) (0005) CHL (08/00) Page 9of 11 Form 3010 1/01
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DOC ID #: 00011060155808005
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
d.
provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actionspursuant to this Security
Instrument or that allegesthat the other partyhas breached any provision of, or any duty owed by reason of,
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this Security Instrument until such Borrower or Lenderhasnotifiedthe otherparty(with such notice given in
compliancewith the requirements of Section 15) of such alleged breach and afforded the otherpartyheretoa
reasonable period afterthe giving of suchnoticeto take corrective action. If Applicable Law provides a time
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period which must elapse beforecertain action canbe taken, thattime period will be deemedto be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to curegiven to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfythenoticeandopportunity to takecorrective action provisions of thisSection 20.
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21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws andlawsof thejurisdiction where the Property is located thatrelate
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to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition thatcan cause,contribute to, orotherwisetrigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threatento release any Hazardous Substances, on or in the Property. Borrowershall not do, nor
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allow anyone else to do, anything affecting the Property (a) thatis in violationof any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence,use, or release of a Hazardous
Substance, creates a condition that adverselyaffects the value of the Property. The precedingtwo sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including,but not limited to, hazardous substances in consumerproducts).
c
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
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Hazardous Substance or Environmental Law of which Borrowerhas actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
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regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Propertyis necessary, Borrowershall promptlytake all necessary remedial actionsin accordance
with Environmental Law. Nothing herein shall create anyobligation on LenderforanEnvironmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender furthercovenant and agree as follows:

22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
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Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
accelerationunder Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the
noticeis given to Borrower, by whichthe defaultmust be cured; and (d) that failure to cure the default
on or before the date specified in the notice may result in acceleration of the sums secured by this
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Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a defaultor any other defense of Borrowerto acceleration
and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its
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optionmay require immediate payment in full of allsumssecured by thisSecurity Instrument without

further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be
entitled to collectall expensesincurred in pursuing the remedies providedin this Section22, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.
23. Release. Upon payment of all sums secured by this Security Instrument Lender shall release this
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Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
chargingof the fee is permittedunderApplicableLaw.
<^>-6A(FL)(0005) CHL (08/00) Page 10 of 11 4.Form 3010 1/01

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DOC ID #: 00011060155808005
24. Attorneys* Fees. As used in this SecurityInstrument and the Note, attorneys' fees shall include those
awarded by an appellate courtand anyattorneys' feesincurred in a bankruptcy proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action,
proceeding, claim,or counterclaim, whether in contractor tort at lawor in equity, arisingout of or in any way
related to this Security Instrument or the Note.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrumentand in any Rider executedby Borrowerand recordedwith it.
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Signed, sealed and deliveredin the presenceof
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De'ora Papale
J~ _(Seal)
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-Borrower
ABsottSajfrtai %gssi
(Address)
su _(Seal)
-Borrower
(Address)
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__(Seal)
•Borrower
(Address)
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STATE OFFLORIDA, BROWARD County ss:

The foregoing instrument wasacknowledged before me this August 17-, 2005 by
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who is personally known to me or who has produced a drivers license as identification.

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lary public
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(S2^-6A(Ft) (0005) CHt (08/00) Page 11 of 11

Form 3010 1/01
^ iNSTR 9 1083878S7
OR BK 45963 Pages 1433 -1433
Prepared by: Mark Olivers, Esquire RECORDED 02/05/09 1215-41
KHnvS ^°UNTY COMMISSION
DEPUTY CLERK 3075
Record &Return to: Law Office of Marshall C. Watson #16.1 Fages
1800NW49* Street, Suite 120
QPCORD AND fo, Fort'Lauderdale. Florida 33309
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KCOUrvt/ ttaaoBBta^ Telephone: (954)453-0365
RETURN TO ' Facsimile: (954)771-6052
ASSIGNMENT OF MORTGAGE
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KNOW ALL MEN B Y THESE PRESENTS:
THATMORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INCORPORATED. AS A NOMINEE FOR

COUNTRYWIDE HOME LOANS. INC. residing or located at 1595 SPRING HILL RD. *3 10. VIENNA, VA
221S2 herein designated as the assignor, for and in consideration of the sum of SI.00 Dollar and other good and
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valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, assign, transfer
and set over unto COUNTRYWIDE HOME LOANS SERVICING LP residingor locatedat: c/o Countrywide
Home Loan ATE DRIVE, PLAN'G, TX 75024 herein designated as the assignee, the mortgage
executed by ecorded October 31, 2005 in Broward County, Floridaat Book 40S03and Page
1444 encum ore particularly described as follows: £jJ Mdt^T?)$-&& fZ-Cf~tti^J^r4^-(^^-
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together with the note and each and every other obligation described in said mortgage and the money due and to
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become due thereon
TO HAVE AND TO HOLD the same unto the said assignee, its successors and assigns forever, but without recourse
on the undersigned, effective as of .
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In Witness Whereof the said Assignor has hereunto set his hand and seal orcaMse^rfiese presents to be signed by its
proper corporate officers and itscorporate sealto behereto affixed this I iC, dayof
DECEMBER ,2008
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MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INCORPORATED, AS A NOMINEE FOR
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ATTEST:
PATRICIA ARANGO
ASSISTANT SECRETARY
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Signed in the present

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WITNE
Print N
STATE OF FLORIDA
COUNTY OF BROWARD
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PERSONALLVaPPEARED BEFORF.ME. the undersigned authority Ir.and for the aforesaid county and state, on this
the / S< dayof DECEMBER ,2008whhin my jurisdiction, thewithin named who
acknowledged io me that(s)he is PATRICIA ARANGO. ASSISTANT SECRETARY andthat for andon behalf
of Mortgage Electronic Registration Systems, Incorporated, As A Nominee For Countrywide Home Loans, Inc.
and as its act and deed (s)hc executed the above and foregoing instrument, after first having been duly authorized by
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Mortgage Electronic Registration Systems. Incorporated, As A Nominee For Countrywide Home Loans, Inc. to
do SO.
WITNESS my hand and official seal in the County and State last aforesaid this / j^ day of
DECEMBER " ,2008
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.: J ••-•'.-.- -.•:...-:.- ; '-:
:• • «« "' '•• •••":- .- «

• '';-•
0S-O9I56
*uw ^.i-^j r*i /UJ /4U 0183 MERS 0045/099
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Process loans, not paperwork.5"
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August 27, 2009
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VIA FACSIMILE: (866) 507-9888
Ariane Ice
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Ice Legal, P.A.
1975 Sansburys Way, Suite 115
West Palm Beach, FL 33411
Re: ur
Mortgage Electronic Registration Systems, Inc. ("MERS") Responses to
Request for Production in Countrywide Home Loans Servicing, LP v.
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et al, 17th Judicial Circuit, Broward County, Florida, Case No.
CACE 09 001184
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Dear Ariane,
This letter relates to the subpoena served upon MERS in the above-styled case
or
("Subpoena"). The Subpoena called for the production of documents by MERS to the
Plaintiff. Note that MERS objects to the Subpoena on the grounds and to the extent that
it seeks documents and information (1) not reasonably calculated to lead to the
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discovery of admissible evidence; (2) protected from disclosure by the attorney/client

privilege, work product doctrine, joint defense privilege, and/or any other applicable
privileges or reasons for non-disclosure; (3) that constitute protected commercial,
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financial, and/or trade secret information of MERS or third parties; and (4) that is
obtainable from some other source that is more convenient, less burdensome, and less
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expensive. Note that MERS also objects on the grounds and to the extent that the
Subpoena requests for production are overly broad, unduly burdensome, and intended
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to harass and oppress MERS. Nothing herein shall be construed as an admission by

MERS as to relevancy or admissibility at trial of any information that MERS may
provide in response to theSubpoena.
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1818 Library Street, Suite 300 • Reston, VA 20190 •800-646-MERS (6377) • www.merslnc.org
--.„v !•«*. (u: /40 Ulti3 MERS
146/099
MBRS Responses to Responses to Request for Production in CottiUn/toide Home Loans Servicing, LPik l al„ 17th Judicial
Circuit, Broward County, Florida. CaseNo. CAf!E fW flfil T«4
Page2
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Subject to the objections above, and without waiving same, we enclose the
following documents from the MERS® System relating to Mortgage Identification
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Number ("MIN") 1OOO157-0005584888-7 on behalf of MERS. Please note, these printouts
reflect only the tracking of transfers that occur outside of the MERS® System. Legal
interests do not electronically transfer on the MERS® System. For instance, if you see
d.
"transfer of servicing rights" from one member to another, then that means two MERS
members entered into a purchase and sale agreement for those servicing rights. That
separate agreement is the evidence that a servicing rights transfer occurred. Any
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information noting a "transfer of beneficial ownership" means a MERS member
endorsed and delivered the promissory note. The promissory note endorsements are
the evidence of the transfer of beneficial interests, pursuant to the Uniform Commercial
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Code.
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Should you have any questions, please feel free to contact me. Thank you.
Sincerely,
su
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RichardÂnderson
Counsel
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Page 1 of 1
MIN SUMMARY
Summary
om
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1000157-0005584888-7 Active (Registered)
2487 CORDOBA BND MOM
WESTON. FL 33327
Reg Date 08/18/2005
First Lien
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a
County Broward QR
Primary Borrower
Poo! Number
SSN
Investor Loan Number
F r
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Note Amount 5256,000.00 Note Date 08/17/2005
Servicer 1000157 - BAC HomeLoans Servicing, LP
Custodian
Investor
N/A
1000130-Fannie Mae
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Subservicer
Interim Funder
N/A
N/A
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Originating Organization
Property Preservation Co.

N/A
N/A
r e
Batch _
F o
Pending Batches
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Number Transfer Type Status Transfer Date Sale Date
o
No Pending Batches!
S t
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Page 1 of 1
MIN Audit for 1000157-0005584888-7
(1-4)
o m
Date Field Name Before Value After Value
. c
Updated By Usei* Name
•3
08/19/2005
Update
Agency number
Action
u
Org ID
Batch User ID
1000001 d
08/19/2005
Update
Investor loan number
r a
Batch User ID
F
1000001
08/19/2005 Investor pooi number
e
Batch User ID
Update
r
1000001
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08/19/2005 Investor Org ID 1000157 1000130 Batch User ID
Update
s
1000001
g
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F o
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Page 1 of 1
MIN Transfer Audit for 1000157-0005584888-7
d-3)
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Date
Action
08/19/2005
Field Name
Batch Nbr
Transfer success indicator
Before Value After Value
d
Org ID
.c
Updated By User Name
u
Yes Batch User ID
Update 2614356
1000001
08/19/2005
Update
Transfer status
26)4356
Transfer Pending Transfer Complete
r a
Batch User ID
1000001
08/19/2005
Add 2614356
e F Batch User ID
r
1000130
s u 8
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o re
p F
t o
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Page
ESTONES for 1000157-0005584888-7
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cription Date Initiating

Organization / User Milestone Information
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er Beneficial 08/19/2005 lOJ&LSQ Fannie Mae

- Option 1
MIN Status: Active (Registered)
New Investor: 1000130 Fannie Mae
Batch User ID Old Investor: 1000157 BAC Home Loans Servicing, LP
Batch Number: 2614356
Transfer Date: 08/18/2005
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ation 08/18/2005 1000157 BAC Home Loans Servicing, LP MIN Status: Active(Registered)
Batch Servicer: 1000157 BAC Home Loans Servicing, LP
Fo
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MERS® Servicer Identification System - Results Page 1 of 1
MERS
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ServicerlD /
www.mers-servic&rid.org
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1 record matched your search:
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MIN: 1000157-0005584888-7 Note Date: 08/17/2005 MIN Status: Active
Servicer: BAC Home Loans Servicing, LP Phone: (800) 669-6607

Simi Valley, CA
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Investor: Fannie Mae Phone: (202) 752-7000
F
Washington, DC
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Return to Search
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For more information about MERS please go to vvww.mersinc.org
Copyrights 2006 by MERSCORP, Inc.

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https://www.mers-servicerid.org/sis/search 1/5/2011
Prepared by: Mark Olivers. Esquire
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Record &Rctum to: Law Office of MarshallC. Watson
• 1800 NW 49"' Street, Suite 120
Fon Lauderdale, Florida 33309
Telephone: (954)453-0365
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Facsimile: (954)771-6052
ASSICNMFJtfT OF MORTCACE
KNOW ALL MEN BY THESE PRESENTS:
THAT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS ANOMINEE FOR

COUNTRYWIDE HOME LOANS. INC. residing orlocated at 1595 SPRING HILL RD. 113 10. VIENNA, VA
ud
22182hercin designated asthe assignor, for and in consideration ofthe sum ofSI.00 Dollar and other good and
valuable consideration, the receipt ofwhich ishereby acknowledged, docs hereby grant, bargain, sell, assign, transfer
andsetover unto COUNTRYWIDE HOME LOANS SERVICING LP residing orlocated at: c/oCountrywide
Home Loan ATE DRIVE. PLANO. TX 75024 herein designated as theassignee, themortgage
executed by recorded October 31.2005 inBroward County. Florida at Book 40803 and Page
1444encumbetingthe property more particularlydescribed as follows:
a
SEE EXHIBIT "A"
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together with the note and each and every other obligation described insaid mortgage and the money due and to
become due thereon
TO HAVE ANDTO HOLDthesameuntothesaidassignee, itssuccessors andassigns forever, but without recourse

on the undersigned, effective as of _•
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InWitness WItcreof, the said Assignor has hereunto set his hand and seal orcai<se^<fiese presents lobesigned by its
proper corporate officers and its corporate seal to be hereto affixed this / fC day of
DECEMBER _,2008 su MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS. INCORPORATED. AS A NOMINEE FOR
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ATTEST:
patricTaarango
assistanv secretary
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Signed in the
WITNESS:
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Print NahSe1jL^./}yO/a KtzJ li^.t /Q

STATE OF FLORIDA
COUNTY OF BROWARD
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PERSONALJ 'APPEARED BEFORE ME,theundersigned authority in and for theaforesaid county andstate,on this
the_ day ofDECEMBER ,2008within my jurisdiction, the within named who
acknowledged tome that (s)he is PATRICIA ARANGO. ASSISTANT SECRETARY and that for and onbehalf
of Mortgage Electronic Registration Systems, Incorporated, AsANominee ForCountrywide Home Loans, Inc.
and as its act anddeed(s)he executed theaboveand foregoing instrument, afterfirst having beendulyauthorized by
Mortgage ElectronicRegistrationSystems,Incorporated,AsA Nominee For CountrywideHome Loans, Inc. to
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do so.
WITNESS my hand and official seal in the County and State last aforesaid this / ^) day of
DECEMBER ,2008
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NOTARY PUBLIC
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: z MyComm.ex?sk : s
• • Apr.!23, £310 ' Z | DEFENDANT'S
EXHIBIT
=3—
08-09156

Attorney Arango's Deposition Regarding Mers, Countrywide and Assignments Jan 2011

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Attorney Arango's Deposition Regarding Mers, Countrywide and Assignments Jan 2011

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Page 1

DEPOSITION OF PATRICIA ARANGO

Friday, January 7, 2011

101 N.E. 3rd Avenue, #1500

Notary Public, State of Florida

West Palm Beach Office

Ph. 561.682.0905 - Fax. 561.682.1771

14 5300 Wachovia Financial Center

CONROY, SIMBERG, GANON, KREVANS, ABEL,

Ph. 561.682.0905 - Fax. 561.682.1771

Defendant's No. 5 8/27/09 Letter from 53

Ph. 561.682.0905 - Fax. 561.682.1771

3 for the State of Florida at Large, in the above cause.

7 having been first duly sworn or affirmed, was examined

12 Q. Is it Ms. Arango? Did I pronounce that

14 A. Miss Arango, yes.

15 Q. Would you give us your name and business

17 A. Sure. My name's Patricia Arango,

18 A-R-A-N-G-O. Business address is Law Offices of Marshall

19 Watson, 1800 Northwest 49th Street, Suite 120, Fort

20 Lauderdale, Florida 33309.

21 Q. And who is your current employer?

22 A. Law firm of Marshall Watson.

23 Q. How long have you been employed there?

24 A. For ten years.

Ph. 561.682.0905 - Fax. 561.682.1771

3 to the litigation department.

5 with the firm?

7 litigation department's managing attorney.

13 Q. And I take it you're probably very familiar

14 with the process of taking of depositions.

16 Q. Okay. At any time, if you need a break,

17 let me know, okay.

19 Q. In your current position, do you supervise

20 any employees of the firm?

22 Q. Roughly how many?

23 A. Roughly about 70.

24 Q. And, generally, what are your current

Ph. 561.682.0905 - Fax. 561.682.1771

7 Q. Okay. Roughly how much of your time is

10 Q. Okay. And has that generally been the case

13 Q. And that was the case in December of '08

14 and into '09 and '10?

16 Q. Okay. Are you now or have you ever been --

18 Are you now an officer or director of

19 Countrywide Home Loans?

21 Q. Have you ever been an officer or director

22 of Countrywide Home Loans?

24 Q. Are you now an officer or director of

25 Countrywide Home Loans Servicing LP?

Ph. 561.682.0905 - Fax. 561.682.1771

5 officer or director of Mortgage Electronic Registration

10 Mortgage Electronic Registration Systems, Inc.?

12 Q. Okay. Is that the only title or position

13 that you hold with that company?

15 Q. Okay. For our purposes in the deposition,

16 can we agree to refer to Mortgage Electronic Registration

17 Systems, Inc. as MERS?

19 Q. Do you commonly do that?

21 Q. Okay. That will speed things greatly.

23 How long have you been an assistant

24 secretary or agent of MERS?

25 A. Since about 2007 I believe it is.