DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ

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1 DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ IN THE CIRCUIT COURT 3 OF THE FIFTEENTH JUDICIAL CIRCUIT 4 IN AND FOR PALM BEACH COUNTY, FLORIDA 5 CASE NO.: 2009 CA (AW) 6 7 US BANK NATIONAL ASSOCIATION, AS 8 TRUSTEE FOR THE HOLDER OF BEAR 9 STEARNS ASSET BACKED SECURITIES

2 10 I TRUST 2006-LM1, 11 Plaintiff, 12 vs. 13 SUSAN ELMAN, 14 Defendant. 15 / * * * * * * * * 18 DEPOSITION OF KRISTA HIGGS 19 TAKEN AT THE INSTANCE OF THE DEFENDANT 20 * * * * * * * * 21 DATE: May 16, PLACE: 2041 Vista Parkway

3 23 Suite West Palm Beach, Florida TIME: 2:05-2:13 o'clock p.m. DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ 2 1 APPEARANCES: 2 3 FLORIDA DEFAULT LAW GROUP, PL 9119 Corporate Lake Drive 4 Suite 300 Tampa, FL ; fax Attorneys for the Plaintiff(s) 6 BY: ELIZABETH A. WULFF, ESQUIRE Ewulff@defaultlawfl.com 7 KORTE & WORTMAN Vista Parkway

4 Suite West Palm Beach, FL ; fax Attorney for the Defendant(s) BY: BRIAN KORTE, ESQUIRE 11 Bkorte@briankortepl.com

5 DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ 1 INDEX 2 KRISTA HIGGS 4 3 DIRECT EXAMINATION BY MR. KORTE 4 4 Defendant's Exhibit No. 1 marked for 8 5 identification and retained by counsel Defendant's Exhibit No. 2 marked for 8 6 identification and retained by counsel 7

7 DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ 1 The deposition of KRISTA HIGGS, witness, was taken 2 before me, Rachele Cibula, Notary Public, State of 3 Florida at large, 2041 Vista Parkway, Suite 102, in the 4 City of West Palm Beach, County of Palm Beach, State of 5 Florida, pursuant to notice in said cause for the purpose 6 of taking said deposition at the instance of the

8 7 Defendant in the above-styled action pending in the 8 above-named Court. 9 THEREUPON, 10 KRISTA HIGGS, 11 being by me first duly sworn to testify the whole truth 12 as is hereinafter certified, testifies as follows: 13 DIRECT EXAMINATION 14 BY MR. KORTE: 15 Q. Ma'am, will you state your name for the record, 16 spelling your last. 17 A. Krista Higgs, H-i-g-g-s. 18 Q. Will you give me the benefit of your educational

9 19 background starting from the time you left high school 20 going forward. 21 A. From the time I left high school, I began at Wells 22 Fargo in 2001 as a customer service representative. I 23 was there for approximately two years. I left the 24 company and went to work briefly for a CPA firm as an 25 administrative assistant. I was there for about a year DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ 5 1 and left and went back into the mortgage business. I 2 actually began working for a title company doing 3 post-closing work. Was there for about a year and was 4 laid off at that point and went back -- or went to Citi 5 Mortgage as a loss mitigation representative. Did that

10 6 for about a year and a half and then transferred over to 7 their cash department. Did that for about a year and 8 then they shipped out. Then I began in foreclosure in and was there for a year before they then shipped 10 that department out and went to research and litigation. 11 Since then, the particular facility that I was working in 12 was about to shut down completely. So, before all that 13 began, I then went to Wells Fargo where I am right now as 14 a litigation specialist. That was November of And 15 I've been there ever since. 16 Q. I think the question I actually asked you was 17 educational background from high school going forward.

11 18 A. High school diploma. I've done some college. I'm 19 still actually in the process of it. 20 Q. You work as a litigation specialist as Wells Fargo 21 now? 22 A. Yes. 23 Q. What does a litigation specialist do? 24 A. We review pleadings from foreclosure complaints 25 that are filed, answer affirmative defenses, motion to 6 1 dismiss, motion -- any type of motion, counter claims and 2 also attend hearings, trials, depositions, the works. 3 Q. Anything else? 4 A. Nope.

12 5 Q. Do you post payments or collect payments? 6 A. We do not post payments. We do research. Within 7 our research, as a litigation specialist, we research the 8 business records that are kept to determine if there's 9 merit within that litigation or not. We also do assist in making sure the loss mitigation review is done, 11 if that's what they're looking for, and just pretty much 12 oversee that things are going the way they need to be 13 going, whether it's -- depending on what the borrower 14 wants. 15 Q. This isn't a Wells Fargo case. This is US Bank 16 National Association as Trustee for the Holder of Bear 17 Sterns Asset Backed Securities Trust 2006-LM1. What is

13 18 Wells Fargo's relationship to this litigation? 19 A. We were appointed the servicer by the trustee. 20 Q. When was Wells Fargo appointed as the servicer? 21 A. April of 2006, I believe. I do not know the exact 22 day. 23 Q. Ma'am, you've been asked to come here today as the 24 person with the most knowledge at US Bank National 25 Association in regards to the affidavit of amounts due DEPOSITION OF KRISTA HIGGS BY BRIAN KORTE ESQ 7 1 and owing; is that accurate? 2 A. Yes. 3 Q. Before coming here today, did you review any

14 4 documents? 5 A. I have, yes. 6 Q. What documents did you review? 7 A. I reviewed the business records that are kept. I 8 also reviewed the previous affidavits that were filed by 9 the other employees of Wells Fargo and also reviewed the 10 pleadings that were filed within the case. 11 Q. What specific business records did you review? 12 A. I reviewed the affidavits that were filed by the 13 other representatives according to the way they signed 14 them and whatnot. I also prepared my own figures, as 15 well. So those records that I reviewed were the payment

15 16 history, fee screens, our payoff screens. I'm trying to 17 think off the top of my head. Yep. That's it. 18 Q. Other than reviewing some pay screens and payoff 19 screens, did you review any other records? 20 A. I reviewed loss mitigation notes for general 21 information to see who the borrower is currently and 22 whether or not they have been reviewed, which I do show 23 that they have in the past. Also reviewed collection 24 notes, servicing notes, the mortgage, the note, those 25 origination documents and, again, the pleadings that were 8 1 filed. 2 Q. Did you have an opportunity to touch any physical

16 3 documents, or was it all on the screen? 4 A. Our documents are kept in an imaging system, and 5 we print from that system and review them that way. 6 However, we try to go paperless; so we review what's on 7 your screen and just look at the documents that are 8 within the imaging system that way. 9 Q. Let's talk about the affidavit of Helen Belten. 10 MR. KORTE: I'm going to mark this as 11 Defendant's (Defendant's Exhibit No. 1 marked for identification and 13 retained by counsel.) 14 BY MR. KORTE: 15 Q. Ma'am, I'm going to ask you, in regards to the

17 16 calculations that were done in this particular affidavit 17 beginning at paragraph four, can you tell me how the 18 principle balance was calculated? 19 A. I do not know what records she reviewed to get her 20 numbers. 21 Q. As far as the calculation of interest, do you know 22 what she reviewed to get that? 23 A. No. 24 (Defendant's Exhibit No. 2 marked for identification and 25 retained by counsel.) 1 BY MR. KORTE: 9 2 Q. I'm going to hand you what's been marked as

18 3 Defendant's 2. 4 This is the affidavit of Herman Kennerty? 5 A. Uh-huh. 6 Q. As to paragraph four, can you tell me how those 7 numbers were calculated? 8 A. No. 9 Q. Did you make any effort whatsoever to speak with 10 the affiants in Defendant's 1 or Defendant's 2? 11 A. No. 12 Q. Do you know how the principle was calculated in 13 either of these affidavits? 14 A. I do not know what screens they used. I did not 15 complete these affidavits, so I'm unable to affirm where

19 16 they got their information from or what it was at that 17 exact time, if that was correct. 18 MR. KORTE: I have nothing further for you. 19 We'll take it. 20 (Proceedings concluded at 2:13 o'clock p.m.) CERTIFICATE OF OATH 2

20 3 STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 I, Rachele L. Cibula, the undersigned authority, 7 certify that KRISTA HIGGS personally appeared before me 8 and was duly sworn Witness my hand and official seal this 22nd day of 11 May,

21 RACHELE CIBULA Notary Public, State of Florida 21 My Commission #DD Expires: December 3, C E R T I F I C A T E 2

22 THE STATE OF FLORIDA) 3 COUNTY OF PALM BEACH) 4 5 I, Rachele Lynn Cibula, Notary Public, State of 6 Florida at Large, 7 DO HEREBY CERTIFY that I was authorized to and did 8 stenographically report the foregoing deposition; and 9 that the transcript is a true and correct transcription 10 of the testimony given by the witness. 11 I FURTHER CERTIFY that I am not a relative, employee, 12 attorney or counsel connected with the action, nor am I 13 financially interested in the action. 14 Dated this 22nd day of May, 2011.

23 RACHELE LYNN CIBULA, NOTARY PUBLIC

5 Plaintiff, 6 Vs. 7 WILLIAM DAVISON, 8 Defendant. 9 / 13 * * * * * * * * 14 DEPOSITION OF MARLIN KNAPP 15 TAKEN AT THE INSTANCE OF THE DEFENDANT

5 Plaintiff, 6 Vs. 7 WILLIAM DAVISON, 8 Defendant. 9 / 13 * * * * * * * * 14 DEPOSITION OF MARLIN KNAPP 15 TAKEN AT THE INSTANCE OF THE DEFENDANT Page: 1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 2 IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 10 CA 002652 (AW) 3 U.S. BANK NATIONAL ASSOCIATION 4 AS TRUSTEE FOR RALI 06QS2 5 Plaintiff,