1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 2 CASE NO.: CACE

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1 Page: 1 1 IN THE CIRCUIT COURT OF THE TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 2 CASE NO.: CACE U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR SASCO 05-WF4, 5 Plaintiff(s), 6 vs. 7 DANIEL JACKSON, 8 Defendant(s). 9 / DEPOSITION OF JOSEPH CARIOLA Thursday, Brian March Korte Esq, 11 11: a.m. 11:40 a.m Vista Parkway Suite 102 West Palm Beach, Florida 33411

2 Page: 2 1 APPEARANCES: 2 ON BEHALF OF THE PLAINTIFF(S): 3 ELIZABETH WULFF, ESQUIRE FLORIDA DEFAULT LAW GROUP, P.L. 4 P.O. Box 0 Tampa, Florida ON BEHALF OF THE DEFENDANT(S): 6 BRIAN K. KORTE, ESQUIRE 7 KORTE & WORTMAN, P.A. 41 Vista Parkway, Suite West Palm Beach, Florida

3 Page: I N D E X WITNESS DIRECT CROSS REDIRECT RECROSS 4 JOSEPH CARIOLA 5 By Mr. Korte: E X H I B I T S MARKED FOR I.D. PAGE 11 Deft's 1-12 Deft's Deft's 3-15 Deft's

4 Page 4 1 P R O C E E D I N G S Deposition taken before Tracy Lyn Fazio, Notary 4 Public in and for the State of Florida at Large, in the 5 above cause Thereupon: 8 JOSEPH CARIOLA, 9 a witness herein being of lawful age, and being first 10 duly sworn in the above cause, testified on his oath 11 as follows: 12 DIRECT EXAMINATION 13 BY MR. KORTE: 14 Q If you'll do me a favor and state your 15 name spelling your last. 16 A My name is Joseph. Last name is spelled C-a-r-i-o-l-a. That's pronounced Cariola. Q Sir, I'd like you to let me know for what purposes were you brought here today, do you know? A I was here to be deposed on the matter at hand. Q Are you here as the Plaintiff? A Yes, I am. Q Will you do me a favor and give me the benefit of your work history starting from the time Page 5 1 you left college going forward? 2 A I actually did not attend college. I 3 finished high school and went on to join the United 4 States Army. After serving from '99 until 05, I 5 went to work for Wells Fargo in their collections 6 unit for about six months. And then I moved on to 7 Elite Title in Baltimore as a Title Specialist, 8 which was just analyzing abstract reports and typing 9 them, making sure legal descriptions were correct, 10 curing liens and things like that on title for about 11 a year and a half way. Then with the economic 12 turndown, I was laid off. I came back to Wells 13 Fargo, worked in their REO unit where I was a Title 14 Specialist. I also did closings. I worked on their 15 evictions team, on the repair team, on the 16 pre-closing team. And then I was promoted to Default Operation Services in the capacity that I am now. Q At what time did you begin to work for U.S. Bank National Association as Trustee for the SASCO 05-WF4? A I'm actually here as servicer. I worked for Wells Fargo Bank, N.A. as servicer for the Plaintiff. Q Have you ever had an opportunity to speak 1 to the Plaintiff in this particular case? 2 A Not in this case, no. 3 Q Have you ever had any communication 4 whatsoever at any time with the Plaintiff in this 5 case? 6 A Not to my knowledge. 7 Q Have you ever had the opportunity to 8 review records from the Plaintiff on their system? 9 A On their system? 10 Q Yes, sir. 11 A No. We have our own business records, 12 which is a mirror image of the records from the 13 servicer. 14 Q How do you know that it's a mirror image 15 if you've never had a chance to speak to anybody 16 from the Plaintiff? A It's part of the normal job descriptions and duties of the people who work for both of these companies to insure that the system is updated accurately and effectively. Q Well, let's talk about what we can testify to today across the board. What I need you to do is testify only from your personal knowledge. I don't need you to suppose or guess. If you don't have personal knowledge of it, just tell me you don't 1 know or you don't have any personal knowledge and 2 we'll move on. If you're going to venture a guess 3 thereafter, we'll qualify it as a guess or if it's 4 something you're supposing or heard from a 5 third-party, if that's okay. 6 A Okay. 7 Q How do you know that the images that are 8 contained at U.S. Bank or the records contained at 9 U.S. Bank mirror those of the servicer? 10 A Just from my normal training and 11 experience it was advised to me that the information 12 that we keep is a mirror of what they kept. But in 13 this particular case, Wells Fargo originated this 14 note. So I mean it was endorsed in blank and it did 15 go off to the Plaintiff. So I guess technically, 16 originally, the servicing never left Wells Fargo. So we have all of the information from origination forward. Q Okay. Well, let's talk about that. After Wells Fargo made this loan initially, do you know what the date of that loan was? A It was in 05. I'm not quite sure of the exact date. Q After it made the loan, you said it was endorsed in blank at some point in time? Page: 4 Page 6 Page 7

5 1 A Yes, it was. 2 Q Do you know who it was directly assigned 3 to? 4 A It was endorsed in blank. 5 Q But do you know who it was assigned to or 6 given to physically? 7 A I would assume it would go to the 8 Plaintiff, but I'm not certain. 9 Q Do you have any personal knowledge as to 10 whom Wells Fargo initially negotiated the note to 11 after it closed and was endorsed in blank? 12 A No. 13 Q Do you know from whom U.S. Bank as 14 Trustee, the Plaintiff in this case received the 15 note? 16 A They would have received the note from us, because we were the originator from Wells Fargo Bank, N.A. Q So it's your testimony today that U.S. Bank National Association, the Plaintiff in this case received the note directly from Wells Fargo? A As far as I know, yes. Q Do you have any personal knowledge of it? A No. Q So what are you guessing that on? 1 A I'm basing that on the fact that the -- 2 that our system shows that we originated this file. 3 They are the Plaintiff in the prior Pooling and 4 Servicing Agreement between the Plaintiff and Wells 5 Fargo Bank, N.A. listing us as server. There's no 6 indicator that I was able to be discover throughout 7 my research in this case that it would have gone to 8 any other party between these two. 9 Q So is it fair to say that as the Plaintiff 10 in this case, you believe that the note was directly 11 negotiated from the originator directly to U.S. Bank 12 National Association? 13 A I believe so, yes. 14 Q With no intervening parties? 15 A I don't know. 16 Q Is there any indication in your records there were any intervening parties? A Not that I was able to locate. Q As the Plaintiff, who else would know besides you whether there were intervening parties? A It would be us. I mean just anybody within the litigation unit. Like I said, through my research of our system and business records, I found no other intervening parties. Q When you say our system and business Page 8 Page 9 Page: 5 Page 10 1 records, you don't mean the business records or 2 systems of U.S. Bank National Association, you mean 3 those of Wells Fargo? 4 A Correct. 5 Q And before coming here today, did you make 6 any attempt to contact anybody at U.S. Bank National 7 Association? 8 A No, I did not. 9 Q Did you make any attempt to look at their 10 business records that they have on their system? 11 A No. 12 Q Have you ever had access to the business 13 records in their system? 14 A No. 15 Q As you sit here today, can you tell me 16 with personal knowledge from whom U.S. Bank National Association received the note? A Like the specific person or the company? Q The company. A I would say Wells Fargo Bank, N.A. Q Although you'd say it, it's not based on anything you know personally? A Correct. Q You're just guessing? A No. I would say it's a safe assumption. Page 11 1 Q But do you have any personal knowledge of 2 the note being believed directly from Wells Fargo? 3 MS. WULFF: Form, asked and answered. 4 THE WITNESS: No. 5 BY MR. KORTE: 6 Q So then let's go on a little bit further 7 and discuss when this note was initially boarded to 8 the Wells Fargo system. Do you know what date it 9 was initially boarded to the Wells Fargo system? 10 A Origination, Q There's no indication on the Wells Fargo 12 system as to any intervening parties besides Wells 13 Fargo and U.S. Bank? 14 A That correct. 15 Q Do you know where U.S. Bank National 16 Association is incorporated? A No, I do not. Q Do you know where their business headquarters are? A No, I do not. Q Can you tell me what their phone number is? A No. Q Can you tell me how many employees they have within a thousand?

6 Page 12 1 A No. 2 Q Can you tell me anything about the 3 Plaintiff in this case? 4 A That we are servicer for the Plaintiff. 5 Q Other than that, can you tell me anything 6 else? 7 A No. 8 Q Would it be fair to say -- strike that 9 question. 10 Do you know when this litigation was 11 brought up initially and filed? 12 A Not the specific date, no. 13 MR. KORTE: Mark the complaint as an 14 exhibit. 15 (Thereupon, Defendant's Exhibit No. 1 was 16 marked for identification.) BY MR. KORTE: Q Sir, can you do me a favor now with that Defendant's 1 in front of you. It's a composite exhibit. Tell me what date the litigation was filed. A January 15th of 09. Q Do you know whom, and by whom I mean which corporation, asked for this litigation to be filed? A It would have been Wells Fargo as we are Page 13 1 the servicer. 2 Q So is it fair to say that U.S. Bank did 3 not institute this litigation, but Wells Fargo did? 4 A That is correct. But Wells Fargo has full 5 rights as servicer to begin foreclosure, accept 6 payments, work through loss mitigation, service all 7 aspects of the loan. 8 Q Pursuant to what document if you're aware 9 of is Wells Fargo allowed to do all those things? 10 A The Pooling and Servicing Agreement. 11 Q Are there any other agreements besides the 12 Pooling and Servicing Agreement? 13 A Not to my knowledge. That's the primary 14 document. 15 Q Would you agree with me that the Pooling 16 and Servicing Agreement controls all aspects of the trust and the servicer? A I'm not sure. I'm not an attorney and I'm not trained to interpret legal documents. Q Okay. Well, that's fair enough. But your understanding as the Plaintiff in this case is the Pooling and Servicing Agreement controls and gives rights to the servicer to file litigation? A Correct. Page: 6 Page 14 1 Q Where did you get that understanding? 2 A Just from the Pooling and Servicing 3 Agreement and from the training that I received to 4 do this position. 5 Q Who gave you that training? 6 A That would be my supervisor. 7 Q Besides your supervisor, did anybody else 8 give you training? 9 A Just through the normal training process. 10 You mirror the people you shadow training for a new 11 position. 12 Q What specifically did they teach you about 13 the Pooling and Servicing Agreement? 14 A That these are the documents that dictate 15 what we are permitted or not permitted to do as 16 servicer. Q Did you have an opportunity before coming here today at any time to review the Pooling and Servicing Agreement? A No. Q Have you ever reviewed the Pooling and Servicing Agreement? A Not for this loan. (Thereupon, Defendant's Exhibit No. 2 was marked for identification.) Page 15 1 BY MR. KORTE: 2 Q Sir, I've handed you what's been marked as 3 Defendant's 2. I'd like you to turn to the document 4 labeled note. Do you see that document, sir? 5 A Yes, I do. 6 Q Sir, will you do me a favor and tell me 7 who originated this loan? 8 A This note was originated by Centex Home 9 Equity Company, LLC. 10 Q Any reason why that's filed as the 11 original note in this particular case and you just 12 testified that it's Wells Fargo? 13 A I'm not certain that the note that I wait a minute. The last names are incorrect on this 15 one. This is for an Eileen Boyce and David Boyce. 16 I'm here on the matter of Daniel M. Jackson. (Thereupon, Defendant's Exhibit No. 3 was marked for identification.) BY MR. KORTE: Q I'm going to hand you Defendant's Exhibit 3. Do you see it says, "Assignment of Mortgage", sir? A Yes. Q Sir, on this document -- MS. WULFF: You guys are looking at

7 1 different documents. 2 THE WITNESS: Wait a minute. 3 BY MR. KORTE: 4 Q I'm handing you what's marked as 5 Defendant's 4, because my staff can't get ones and 6 twos put together. Do you see that document, sir? 7 A Yes, I do. 8 Q Do you see that's an assignment of 9 mortgage? 10 A Yes. 11 Q From whom did the mortgage become 12 assigned? 13 A Came from Wells Fargo Bank N.A. is listed 14 as the assigner. 15 Q And directly to who, sir? 16 A To U.S. Bank National Association as Trustee for SASCO, I believe, 05-WF4. Q Are you aware of any other assignments that involve this mortgage other than this particular assignment and mortgage? A No, I do not. Q Do you know who executed this document? A Personally? Q Yes. A No. 1 Q But you see it's executed by somebody, 2 right? 3 A Yes. 4 Q Do you know if that person is actually an 5 employee of Wells Fargo? 6 A Not personally, no. 7 Q I'm going to hand you back what's been 8 marked as Defendant's 3. 9 A I see. 10 Q Sir, have you ever seen this document 11 before? 12 A This particular document, no. But I've 13 seen many documents in this format. 14 Q Do you have any personal knowledge about 15 how this document was created? 16 A No. Q Do you have any understanding of how the numbers contained within this affidavit were actually calculated? A No this particular one, no. But I know what our process is to draft these. Q I understand. But as to this affidavit, you have no personal knowledge? A No. Q Did you before coming here today attempt Page 16 Page 1 at any time to verify the accuracy of any of these 2 numbers? 3 A No, I did not. 4 MR. KORTE: I have nothing for you. 5 That's it. I'm done. 6 MS. WULFF: I have no questions. 7 MR. KORTE: I assume you're reading? 8 MS. WULFF: Yeah. 9 (Thereupon, the deposition concluded at 10 11:40 a.m.) CERTIFICATE OF OATH 2 STATE OF FLORIDA 3 COUNTY OF PALM BEACH 4 5 I, the undersigned authority, certify that 6 the witness personally appeared before me and 7 was duly sworn on the th day of March, Witness my hand and official seal this 1st 9 day of April, Tracy Lyn Fazio 14 Notary Public - State of Florida My Commission Expires: 1/6/13 15 My Commission No.: DD Page: 7 Page Page

8 1 C E R T I F I C A T E 2 STATE OF FLORIDA 3 COUNTY OF PALM BEACH 4 5 I, Tracy Lyn Fazio, Notary Public in and for the State of Florida at Large, do hereby certify 6 that the aforementioned witness was by me first duly sworn to testify the whole truth; that I was 7 authorized to and did report said deposition in stenotype; and that the foregoing pages are a true 8 and correct transcription of my shorthand notes of said deposition. 9 I further certify that said deposition was 10 taken at the time and place hereinabove set forth and that the taking of said deposition was commenced 11 and completed as hereinabove set out. 12 I further certify that I am not attorney or counsel of any of the parties, nor am I a relative or 13 employee of any attorney or counsel of party connected with the action, nor am I financially interested in the 14 action. 15 The foregoing certification of this transcript does not apply to any reproduction of the 16 same by any means unless under the direct control and/or direction of the certifying reporter. Dated this 1st day of April, 11. Tracy Lyn Fazio Page Page: 8

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