mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 1 of 13

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1 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 1 of 13 Hearing Date: January 30, 2014 at 10:00 a.m. (Prevailing Eastern Time) MORRISON & FOERSTER LLP 1290 Avenue of the Americas New York, New York Telephone: (212) Facsimile: (212) Gary S. Lee Norman S. Rosenbaum Melissa A. Hager Erica J. Richards Counsel for the ResCap Borrower Claims Trust UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re: RESIDENTIAL CAPITAL, LLC, et al., Debtors. ) ) ) ) ) ) ) Case No (MG) Chapter 11 Jointly Administered RESCAP BORROWER CLAIMS TRUST S SUPPLEMENT IN FURTHER SUPPORT OF THE DEBTORS OBJECTION TO PROOFS OF CLAIM FILED BY SHANE M. HAFFEY AGAINST RESIDENTIAL CAPITAL, LLC (CLAIM NOS AND 4402) PURSUANT TO SECTION 502(b) OF THE BANKRUPTCY CODE AND BANKRUPTCY RULE 3007 ny

2 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 2 of 13 TO THE HONORABLE MARTIN GLENN, UNITED STATES BANKRUPTCY JUDGE: The ResCap Borrower Claims Trust (the Trust ) established pursuant to the terms of the Chapter 11 plan filed and confirmed in the above-captioned Chapter 11 cases (the Chapter 11 Cases ), 1 as successor in interest to the debtors in the Chapter 11 Cases (collectively, the Debtors ) 2 with respect to Borrower Claims, hereby files this supplement (the Supplement ) in further support of the Debtors Objection to Proofs of Claim Filed by Shane M. Haffey Against Residential Capital, LLC (Claim Nos and 4402) Pursuant to Section 502(b) of the Bankruptcy Code and Bankruptcy Rule 3007 [Docket No. 4838] (the Objection ). 3 In support of the Supplement, the Trust respectfully represents as follows: 1. By the Objection, which was filed on August 26, 2013, the Debtors seek to disallow and expunge the Proofs of Claim filed by Shane M. Haffery ( Claimant ), each alleging at least $5 million in claims against Debtor ResCap, as to which the Debtors have no liability. Although Claimant and his wife and counsel, Heather Boone McKeever ( McKeever and together with Claimant, Borrowers ) have not filed a response to the Objection (and the time to do so expired several months ago), given the amount of time that has elapsed since the Objection was filed, the Trust is submitting the Supplement in order to provide the Court with an update regarding the current status of the litigation underlying the Proofs of Claim, and to 1 The Chapter 11 plan was approved and confirmed by the Order Confirming Second Amended Joint Chapter 11 Plan Proposed by Residential Capital, LLC, et al. and the Official Committee of Unsecured Creditors [Docket No. 6065], entered by the Court on December 11, The names of the Debtors in these cases and their respective tax identification numbers are identified on Exhibit 1 to the Affidavit of James Whitlinger, Chief Financial Officer of Residential Capital, LLC, in Support of Chapter 11 Petitions and First Day Pleadings [Docket No. 6], dated May 14, Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Objection. ny

3 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 3 of 13 address issues raised by the Court in connection with other claim objection proceedings in these Chapter 11 cases. A. Update Regarding Status Of Pending Litigation 1. General 2. By way of summary, 4 beginning in 2008, Borrowers filed four separate lawsuits against various Debtor and non-debtor entities in Kentucky State Court relating to their mortgage loan, which was previously serviced by GMACM. All of the actions were eventually removed to the United States District Court for the Eastern District of Kentucky (the District Court ). These actions seek to quiet title and prevent any number of entities from enforcing the terms of the mortgage loan against Borrowers. Additionally, GMACM, on behalf of itself or others, filed two lawsuits in the District Court, one in response to Borrowers various actions, and the other seeking to foreclose the mortgage on behalf of Deutsche Bank Trust Company Americas ( Deutsche Bank ), as trustee. 3. All of Borrowers claims asserted against the Debtors in each of these six separate lawsuits (collectively, the Actions ), to the extent they were a party, have been conclusively resolved in the Debtors favor. 4. At the time the Objection was filed, decisions in four of the Actions were the subject of consolidated appeals to the United States Court of Appeals for the Sixth Circuit (the Sixth Circuit ), and, aside the from the Sixth Circuit appeals, only the Foreclosure Action had not yet been resolved through the issuance of a final, dispositive order. An updated chart summarizing the status of each of the Actions and appeals is annexed as Exhibit A hereto. 4 The procedural history regarding the litigation was initially provided to the Court in the Debtors objection to Claimant s Motion for Clarification of Stay, filed on January 22, 2013 [Docket No. 2679], and was restated and updated in the Objection. ny

4 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 4 of The Sixth Circuit Appeals 5. At the time the Objection was filed, briefing in the consolidated appeals was due to be completed no later than September 20, 2013 pursuant to a briefing schedule set by the Sixth Circuit on June 19, Following the filing of the Objection, on October 22, 2013, upon the motion of appellee Deutsche Bank, the Sixth Circuit partially dismissed the consolidated appeals insofar as they sought review of any order entered in the Foreclosure Action and remanded to the District Court for further proceedings in that case. See Docket Report for Case No , annexed hereto as Exhibit B; Docket Report for Case No , annexed hereto as Exhibit C; and Docket Report for Case No , annexed hereto as Exhibit D, respectively. The Sixth Circuit directed that the consolidated appeals would proceed on the merits with respect to the appealed final orders entered by the District Court in all actions other than the Foreclosure Action. Id. 7. On October 22, 2013, the Sixth Circuit set a new briefing schedule in the remaining consolidated appeals, pursuant to which Borrowers were required to file their brief by December 4, 2013, and the appellees were required to file their responsive briefs by January 6, Id. 8. On November 30, 2013 and December 3, 2013, Borrowers filed two motions to certify questions of state law to the Kentucky Supreme Court and New York State Court of Appeals, respectively (the State Court Certification Motions ). Id. 9. On December 5, 2013, one day after Borrowers appellate brief was due, Borrowers filed motions in the Sixth Circuit seeking to hold the consolidated appeals in abeyance pending adjudication of the State Court Certification Motions. Id. ny

5 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 5 of The appellees each filed oppositions to the Borrowers State Court Certification Motions and motion for abeyance of the appeals on the grounds that each of the motions lacks merit, was not timely filed, and/or was filed for improper dilatory purposes. 11. As of January 27, 2013, no ruling had been entered on Claimants pending motions and the consolidated appeals remain pending. 3. The Foreclosure Action 12. With respect to the Foreclosure Action, following the Sixth Circuit remand, on November 6, 2013, Deutsche Bank filed a motion for (1) final judgment, (2) an order of sale, (3) appointment of a master, and (4) attorneys fees (the Motion for Final Order ). See Docket Report for Case No , annexed hereto as Exhibit E. 13. On December 5, 2013, Borrowers filed a motion seeking to stay the Foreclosure Action pending adjudication of their State Court Certification Motions in the Sixth Circuit Appeals (the Motion to Stay Foreclosure Action ), which was opposed by Deutsche Bank. Id. 14. On December 19, 2013, the District Court held a telephonic conference, at which it directed Deutsche Bank to provide Borrowers with copies of the Motion for Final Order by the end of the day, and set January 9, 2014 as the deadline for Borrowers to file a written response to the Motion for Final Order, with any reply by Deutsche Bank due on January 23, Id. The District Court also set January 2, 2014 as the deadline for Borrowers to file a reply in support of their Motion to Stay Foreclosure Action. Id. 15. On January 6, 2013, four days late, Borrowers filed a reply in support of their Motion to Stay Foreclosure Action. Id. As of January 27, 2014 no decision regarding Borrowers Motion to Stay Foreclosure Action had been entered. Id. ny

6 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 6 of On January 7, 2014, just two days before Borrowers response was due and nineteen days after they were to be provided with a copy of the Motion for Final Order, Borrowers filed a notice with the District Court claiming that they were never served with a copy of the Motion for Final Order. Id. On that same date, Deutsche Bank filed a response denying Borrowers allegations. Id. As of the date hereof, Borrowers still had not filed a response to the Motion for Final Order, and no decision regarding the Motion for Final Order had been entered. Id. 17. On January 15, 2014, Borrowers filed Defendants Motion to Set Aside Findings, Alter or Amend and For Relief from Judgment ( Motion to Set Aside ) in the Foreclosure Action. See Motion to Set Aside, annexed hereto as Exhibit F. In the Motion, Borrowers reiterate their claims that the orders and findings entered by the District Court in the Actions were all based on forged, fraudulent documents, and, as a result, those orders and findings should be set aside. Id. Borrowers have raised these same allegations numerous times in multiple Actions, and each time, the District Court has found them to be without merit. See Memorandum Opinion & Order, dated March 1, 2012, entered in the Qui Tam Action, annexed hereto as Exhibit G: [Haffey s] allegations of fraud and related claims stand in opposition to the court s prior holding that the mortgage held by Deutsche Bank is a validly assigned lien;.... Additionally, this court has previously addressed similar claims in related actions. In Shane Haffey, et al. v Mortg. Elec. Registration Sys., Inc., Lexington Civil Action No , the court dismissed Haffey and McKeever s complaint that brought claims against MERS and GMAC, the company in privity with Deutsche Bank (see lead action, styled GMAC Mtg., LLC, etc. v. Heather Boone McKeever, etc., et al., Lexington Civil Action No , R.70, p.3 n.2), for fraudulent practices in connection to the mortgage in dispute, including the original execution of the mortgage and the assignment of the mortgage to MERS. The court found the allegations to be mere labels and conclusions and not ny

7 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 7 of 13 Id. at *4-5. supportive of any legal claim. Shane Haffey, et al. v Mortg. Elec. Registration Sys., Inc., et al., Lexington Civil Action No , R.17, p.6. The court also dismissed Haffey and McKeever s counter-claims in Deutsche Bank, etc. v. Heather McKeever Haffey, etc., et al., Lexington Civil Action No , that alleged numerous wrongful acts of MERS, GMAC, and Deutsche Bank, including defamation of title and fraud. The court held that the allegations of fraud and defamation of title were devoid of any facts that would support the basic elements of a claim and were bare-bone legal conclusions. See lead action, styled GMAC Mtg., LLC, etc. v. Heather Boone McKeever, etc., et al., Lexington Civil Action No , R.70, p In the Motion to Set Aside, Borrowers assert that the Delehey Declaration submitted in support of the Objection constitutes proof that the assignment of the Mortgage was fraudulent, because Ms. Delehey states that the Note was executed on May 18, 2007, rather than on or about May 14, That assertion is incorrect. As an initial matter, although the Debtors attempted to ensure that the Delehey Declaration was accurate in every respect, 5 the statement regarding the date of the Note contained in the Delehey Declaration, and incorporated into the Objection, is not material to the Objection before this Court. It was made for the sole purpose of providing the Court with background regarding the history of the litigation underlying the Proofs of Claim, and not for the purpose of establishing the validity or authenticity of the Note, which was neither prepared nor executed by any Debtor. 19. Critically, none of Haffey s claims against the Debtors depend on the date the Note was executed. This same point was acknowledged by the District Court in its decision granting summary judgment in GMACM s favor in connection with the Haffey-GMACM 5 As set forth in the declaration, the statements therein were based on Ms. Delehey s review of the Debtors litigation case files, books and records, relevant documents, and other information prepared or collected by the Debtors employees, consultants or counsel. Delehey Decl. at 3. Ms. Delehey further qualified her statements by noting that she relied upon these employees, consultants, and counsel accurately recording, preparing, collecting, or verifying any such documentation and other information. Id. ny

8 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 8 of 13 Action, in which Haffey raised the same allegations about the date of the Note. See Opinion and Order, (E.D. Ky. Sept. 4, 2009) at *7, annexed hereto as Exhibit H ( Assuming all of the factual allegations in the Complaint regarding GMAC are true, Plaintiffs have not stated any claim to relief that is plausible on its face against GMAC. ). Accordingly, Ms. Delehey s statement in no way substantiates the Proofs of Claim, nor does it undermine the validity of any of the judgments rendered in the Actions. 20. There have been no developments in the pending appeals or the Foreclosure Action which would suggest that the Proofs of Claim should not be disallowed and expunged for the reasons set forth in the Objection including res judicata and collateral estoppel. To the contrary, the events that have transpired in those cases since the Objection was filed provide further evidence of Borrowers continuing pattern of filing frivolous and improper pleadings for the sole purpose of causing delay and expense to the Debtors and other parties to the Actions. The Trust reiterates the position set forth in the Objection that Claimant is a vexatious litigant who is misusing the judicial process in an effort to recover significant funds from the Debtors to which he is not entitled. Because the Proofs of Claim were filed in furtherance of these improper tactics, which should not be countenanced by this Court, they should be disallowed and expunged. B. The Proofs of Claim Do Not Establish Liability of Any Debtor 21. As set forth in the Objection, the Proofs of Claim are barred under the doctrines of res judicata and collateral estoppel. Even if the Court were to find that such doctrines were inapplicable, however, the Proofs of Claim do not establish any basis for liability of any Debtor. ny

9 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 9 of The First Prof of Claim (Claim No. 2582) asserts claims for Document Fraud, forgery, fraud on the Court. The alleged document fraud and forgery relates to Haffey s assertions that the May 2007 Note, Mortgage, and Assignment were fraudulently executed and/or recorded. Kentucky law 6 requires a party claiming fraud to show the following by clear and convincing evidence: (a) a material misrepresentation by the defendant; (b) which was false; (c) which was known to be false or made recklessly; (d) which was made with inducement to be acted upon; (e) that the plaintiff acted in reliance on the misrepresentation; and (f) that reliance caused the plaintiff injury. Wahba v. Don Corlett Motors, Inc., Ky.App., 573 S.W.2d 357, 359 (1978); United Parcel Service Co. v. Rickert, Ky., 996 S.W.2d 464, 468 (1999). To successfully allege a claim for common law fraud, a plaintiff must plead each element with specificity and particularity. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). 23. There is no factual allegation set forth in the First Proof of Claim connecting any Debtor to the execution or recordation of the May 2007 Note, Mortgage, and Assignment. Indeed, GMACM did not become involved with the Loan until July 2007, when it took over as servicer for the Loan. Delehey Decl. 5. The alleged fraud on the Court appears to be based on Haffey s claims that employees of GMACM submitted documents in connection with the foreclosure pending against Borrowers in relation to ownership of the Note. First Proof of Claim, at 8. Again, the First Proof of Claim does not identify the allegedly fraudulent documents with specificity, nor does it contain any factual allegations supporting Haffey s broad contention that these unspecified documents were based in fraud and a fraud on the Court. Id. 6 For actions sounding in fraud, the substantive law of the state in which the injury was suffered... usually governs. In re Lois/USA, Inc., 264 B.R. 69, 108 (Bankr. S.D.N.Y. 2001). Based on these choice of law principles, the appropriate law to apply to assess the validity of the Proofs of Claim is Kentucky law. ny

10 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 10 of The First Proof of Claim also identifies additional direct monetary claims against the Debtors and their outside counsel in the Actions. First Proof of Claim at 9. Those claims are purportedly based on (a) the April 4, 2012 Consent Judgment among the federal government, 49 state attorneys general, and 48 state banking departments, Residential Capital, LLC ( ResCap ), certain other Debtors, and Ally Financial Inc. ( AFI ), along with several other banks and mortgage servicers (the DOJ/AG Settlement ) and (b) the April 13, 2011 Consent Order among the Federal Reserve Board, the Federal Deposit Insurance Company, Debtors ResCap and GMACM, and non-debtor affiliates AFI and Ally Bank (the FRB Consent Order ). The First Proof of Claim alleges, without specificity, that the Debtors have violated both consent orders and that Borrowers have standing to bring claims for those violations as third party contractual beneficiaries. Id. at 12. Under the explicit terms of those orders, however, Borrowers do not have standing to assert such claims. See FRB Consent Order, annexed hereto as Exhibit I, 30 ( Nothing in this Order, express or implied, shall give to any person or entity, other than the parties hereto, and their successors hereunder, any benefit or any legal or equitable right, remedy, or claim under this Order. ); DOJ/AG Settlement, Exhibit E, annexed hereto as Exhibit J, at E-14 E-15 ( Servicer s obligations under this Consent Judgment shall be enforceable solely in the U.S. District Court for the District of Columbia. An enforcement action under this Consent Judgment may be brought by any Party to this Consent Judgment or the Monitoring Committee. ). 25. The Second Proof of Claim (Claim No. 4402) asserts claims for qui tam slander of title and references the Qui Tam Action, which was filed in 2011 and dismissed with prejudice on March 1, No Debtor was a party to that action, although a former employee of GMACM, Patricia Kelleher, was named as a defendant. The claims set forth in the Second ny

11 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 11 of 13 Proof of Claim appear to arise out of Haffey s contentions that a 2009 assignment of the Mortgage from MERS to Deutsche Bank was fraudulent. In support of these claims, Haffey relies solely on a portion of the affidavit Lynn Szymoniak 7 initially submitted in connection with the Declaratory Judgment Action. See Second Proof of Claim, Exh. F. That affidavit describes Ms. Szymoniak s general understanding of robo-signing in the residential mortgage industry and states that, in her opinion, the 2009 assignment contained indicators that it might be fraudulent. Id. at 2-4. Neither the Second Proof of Claim nor the Szymoniak affidavit contains any specific factual allegations regarding how the Debtors were involved in any fraud in connection with the 2009 assignment (which allegations have been expressly rejected by the District Court), nor do they establish with the requisite specificity that Claimant acted in reliance on any alleged misrepresentation by the Debtors, or that such reliance caused Claimant injury. 26. Accordingly, for the reasons set forth above and in the Objection, the Trust respectfully requests entry of an order, substantially in the form of Exhibit 2 attached to the Objection, (i) disallowing and expunging the Proofs of Claim in their entirety; and (ii) granting such other and further relief as is just and proper. 7 Borrowers proffered Ms. Szymoniak as an expert in the Declaratory Judgment Action. See Docket Report for Declaratory Judgment Action, 08-cv-459 (E.D. Ky., Apr. 6, 2010), ECF #44. ny

12 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 12 of 13 Dated: January 27, 2013 New York, New York /s/ Norman S. Rosenbaum Gary S. Lee Norman S. Rosenbaum Melissa A. Hager Erica J. Richards MORRISON & FOERSTER LLP 1290 Avenue of the Americas New York, New York Telephone: (212) Facsimile: (212) Counsel for the ResCap Borrower Claims Trust ny

13 mg Doc 6361 Filed 01/27/14 Entered 01/27/14 14:53:31 Main Document Pg 13 of 13 Exhibit A: Case Status Summary APPENDIX Exhibit B: Docket Report for Case No (6th Cir.) Exhibit C: Docket Report for Case No (6th Cir.) Exhibit D: Docket Report for Case No (6th Cir.) Exhibit E: Docket Report for Case No (E.D. Ky.) Exhibit F: Defendants Motion to Set Aside Findings, Alter or Amend and For Relief from Judgment, Case No (E.D. Ky., Jan. 15, 2014), ECF# 63 Exhibit G: Memorandum Opinion & Order, Case No (E.D. Ky., Mar. 1, 2012), ECF# 32 Exhibit H: Opinion and Order, Case No (E.D. Ky. Sept. 4, 2009), ECF # 17 Exhibit I: FRB Consent Order Exhibit J: Excerpts of DOJ/AG Settlement ny

14 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit A Pg 1 of 6 Exhibit A

15 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit A Pg 2 of 6 Summary of Actions Exhibit A Case Name Parties District Court Case No. MERS Action Plaintiffs: Haffey, McKeever; Defendant: MERS Sixth Circuit Case No (consolidated for briefing purposes with and ) Status Dismissed with prejudice on March 16, An appeal of the dismissal was docketed in the Sixth Circuit on August 18, At the time the Objection was filed, briefing was due to be completed no later than September 20, 2013 pursuant to a briefing schedule set by the Sixth Circuit on June 19, On October 22, 2013, the Sixth Circuit entered an order granting in part a motion of appellee Deutsche Bank for partial dismissal and remand, pursuant to which the consolidated appeals were partially dismissed insofar as they sought review of any order entered in the Foreclosure Action and were remanded to the District Court for further proceedings in that case. The Sixth Circuit directed that the three consolidated appeals would proceed on the merits with respect to the appealed final orders entered by the District Court in all Actions other than the Foreclosure Action. The Sixth Circuit set a briefing deadline for Borrowers of December 4, 2013, and one for the appellees of January 6, On November 30, 2013 and December 3, 2013, Borrowers filed two motions to certify questions of state law to the Kentucky Supreme Court and New York State Court of Appeals, respectively. On December 5, 2013, one day after Claimants brief was due, Claimants filed motions to extend the time in which to file their brief and hold the consolidated appeals in abeyance pending adjudication of the requested ny

16 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit A Pg 3 of 6 Case Name Parties District Court Case No. Sixth Circuit Case No. Status state court certifications. The appellees each filed oppositions to the certification motions and request to hold the appeals in abeyance on the grounds that they lack merit, were not timely filed, and were filed for improper dilatory purposes. The appellees are seeking to dismiss each of the appeals in its entirety due to Claimants failure to timely file a brief. As of January 27, 2014, no ruling had been entered on Claimants motions for certification and abeyance/extension of briefing deadline and the consolidated appeals remain pending. Declaratory Judgment Action 1 Plaintiff: Deutsche Bank; 2 Defendants: Haffey, McKeever (consolidated with and for briefing purposes) Final judgment entered in Deutsche Bank s favor on June 1, An appeal of the final judgment was docketed on July 11, At the time the Objection was filed, this appeal had been severed from the other consolidated Sixth Circuit appeals and held in abeyance pending a ruling on Deutsche Bank s motion to remand or dismiss so that a final judgment could be entered in the Foreclosure Action. The appeals appear to have been reconsolidated pursuant to a new briefing schedule issued by the Sixth Circuit on October 22, The consolidated appeals remain pending. See status of MERS Action above. 1 Designated Lead Case 2 Action was originally brought in GMACM s name, but Deutsche Bank was substituted in as plaintiff on May 14, 2010 without objection. ny

17 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit A Pg 4 of 6 Case Name Parties District Court Case No. Haffey- GMACM Action Plaintiffs: Haffey, McKeever; Defendants: MERS, GMACM Sixth Circuit Case No (consolidated with and for briefing purposes) Status Dismissed with prejudice on June 29, An appeal of District Court orders granting MERS motion for summary judgment and denying plaintiffs motion for reconsideration of the dismissal was docketed in the Sixth Circuit on October 20, At the time the Objection was filed, briefing was due to be completed no later than September 20, 2013 pursuant to a briefing schedule set by the Sixth Circuit on June 19, The consolidated appeals remain pending. See status of MERS Action above. Bluegrass Action Plaintiffs: Haffey, McKeever N/A Dismissed without prejudice on May 24, 2010 Foreclosure Action Defendants: Bill Allen, Mark Herron, Jennifer Frye, Bank of the Bluegrass Plaintiff: Deutsche Bank Defendants: Haffey, McKeever (consolidated with and for briefing purposes) Counter-complaint dismissed on June 22, 2010 on all counts except one against GMACM; Borrowers filed motion for reconsideration which was granted in part with respect to certain counts against GMACM and denied as to all other counts on September 13, On October 20, 2010, McKeever s appeal of the June 22, 2010 dismissal order and September 13, 2010 partial denial of motion for reconsideration was docketed with the Sixth Circuit. ny

18 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit A Pg 5 of 6 Case Name Parties District Court Case No. Counter- Plaintiff: McKeever Counter- Defendants: Deutsche Bank, GMACM, RALI, RFC, Bank of the Bluegrass (and several of its employees), MERS, MERSCORP Sixth Circuit Case No. Status On November 8, 2010, the final remaining count against GMACM was dismissed; Deutsche Bank s motion for summary judgment on affirmative foreclosure claim was granted on January 23, Deutsche Bank s motion for entry of a final judgment was denied without prejudice on September 27, 2012 in light of the pending appeal in the Declaratory Judgment Action ( ). On October 22, 2013, the Sixth Circuit entered an order granting in part a motion of Deutsche Bank for partial dismissal and remand, pursuant to which the consolidated appeals were partially dismissed insofar as they sought review of any order entered in the Foreclosure Action and were remanded to the District Court for further proceedings in that case. On December 19, 2013, the District Court directed Deutsche Bank to provide Borrowers with copies of Deutsche Bank s motion for (1) final judgment, (2) an order of sale, (3) appointment of a master, and (4) attorneys fees, and set January 9, 2014, as the deadline for Borrowers to file a written response to that motion, with any reply by Deutsche Bank due 14 days after that (January 23). On January 7, 2014, Borrowers filed a notice suggesting that they never received a copy of the Deutsche Bank motion as required. On that same date, Deutsche Bank filed a response documenting the methods through which Haffey received actual and/or constructive notice of the motion. ny

19 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit A Pg 6 of 6 Case Name Parties District Court Case No. Sixth Circuit Case No. Status The District Court also set January 2, 2014 as the deadline for Borrowers to file a reply in support of their motion to stay. A reply was filed late on January 6, 2014, and as of the date of the Reply no decision had been entered. Qui Tam Action Plaintiff: Haffey Defendants: Deutsche Bank, Gentry Mechanical Systems, Inc., State Farm Bank, F.S.B., and Patricia Kelleher N/A Dismissed with prejudice on March 2, 2012; time to appeal dismissal has expired. ny

20 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 1 of 13 Exhibit B

21 1/9/ Docket Page 1 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 2 of 13 General Docket United States Court of Appeals for the Sixth Circuit Court of Appeals Docket #: Docketed: 08/18/2010 Nature of Suit: 3371 Truth in Lending Heather McKeever, et al v. Mortgage Electronic Registrati, et al Appeal From: Eastern District of Kentucky at Lexington Fee Status: fee paid Case Type Information: 1) Civil 2) Private 3) Federal Question Originating Court Information: District: : 5:08-CV-459 Court Reporter: Rhonda S. Sansom Court Reporter: Peggy Weber-Westman Trial Judge: David L. Bunning, U.S. District Judge Date Filed: 11/07/2008 Date Order/Judgment: Date NOA Filed: 07/12/ /12/2010 District: : 5:08-CV-456 Court Reporter: Rhonda S. Sansom Court Reporter: Peggy Weber-Westman Trial Judge: David L. Bunning, U.S. District Judge Date Filed: 11/07/2008 Date Order/Judgment: Date NOA Filed: 07/12/ /12/2010 Prior Cases: Date Filed: 05/14/2010 Date Disposed: 06/03/2010 Disposition: Settlement Current Cases: Lead Member Start End Consolidated /06/ /19/ /19/2013 HEATHER BOONE MCKEEVER Plaintiff - Appellant SHANE M. HAFFEY Plaintiff - Appellant v. Heather Boone McKeever Direct: [COR LD NTC Retained] Law Offices 3250 Delong Road Lexington, KY Heather Boone McKeever Direct: [COR LD NTC Retained] (see above) ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION Defendant MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. David J. Kellerman Direct:

22 1/9/ Docket Page 2 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 3 of 13 Defendant - Appellee [COR LD NTC Retained] Middleton Reutlinger Firm: S. Fourth Street Suite 2600 Louisville, KY GMAC MORTGAGE LLC Defendant - Appellee Christopher E. Thorsen Direct: [NTC Retained] Bradley Arant Boult Cummings Firm: Division Street Suite 700 Nashville, TN 37203

23 1/9/ Docket Page 3 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 4 of 13 HEATHER BOONE MCKEEVER; SHANE M. HAFFEY Plaintiffs - Appellants v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Defendant - Appellee and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION Defendants 08/18/ pg, KB Civil Case Docketed. Notice filed by Appellants Shane M. Haffey and Ms. Heather Boone McKeever. Transcript needed: y. (This case opening letter is being resent to include a corrected caption on page 3.)--[Edited 08/18/2010 by LMN] (LMN) 08/18/2010 The case manager for this case is: Linda Niesen (LMN) 08/19/ /24/ pg, KB 1 pg, KB 4a4 Notice filed. Motion (RE #81) for Reconsideration of the court's Judgment filed in District Court on 7/26/10. Case held in abeyance (LMN) LETTER SENT to resume case and remove it from abeyance status. The 4a4 Notice filed on 8/19/2010 was improvidently docketed. The motion for reconsideration of the court's judgment filed in District Court on 7/26/2010, RE #81, related to District Court case number only. Case number will now proceed in this Court. (LMN) 08/24/2010 Mediation Office is involved in this appeal. (CAW) 08/24/ /24/ /07/ /07/ /07/ /08/ /08/ /10/ pg, 48.2 KB 2 pg, KB 1 pg, KB 1 pg, KB 4 pg, KB 1 pg, KB 1 pg, KB 0 pg, 0 KB Mediation telephone conference has been scheduled for 09/21/2010 at 9:30 am ET with Mr. McFaull. [Please open notice for important details and deadlines.] (CAW) LETTER SENT to extend time to file case opening forms: appearance form; transcript order form; statement of issues; disclosure of corporate affiliations. Forms now due 9/7/2010. (LMN) APPEARANCE filed for Appellants Shane M. Haffey and Ms. Heather Boone McKeever by Law Office of Heather McKeever PLLC. Certificate of Service: 09/07/2010. (HBM) CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Heather Boone McKeever for Appellants Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service:09/07/2010. (HBM) CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Heather Boone McKeever for Appellants Shane M. Haffey and Ms. Heather Boone McKeever Certificate of Service: 09/07/2010. (HBM) APPEARANCE filed for Appellee Mortgage Electronic Registration Systems, Inc. by David J. Kellerman. Certificate of Service: 09/08/2010. (DJK) CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. Certificate of Service: 09/08/2010. (DJK) TRANSCRIPT ORDER FORM filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever; No hearings held in District Court. Certificate of Service: 09/10/2010. (This entry is locked because the form was filed

24 1/9/ Docket Page 4 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 5 of 13 09/13/ /13/ /14/ /14/ /15/ pg, KB 2 pg, KB 1 pg, KB 1 pg, KB 1 pg, KB blank. Ms. McKeever has refiled this form.)--[edited 09/13/2010 by LMN] (HBM) TRANSCRIPT ORDER FORM filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever; No hearings held in District Court. Certificate of Service: 09/13/2010. (HBM) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 10/25/2010; appellee brief due 11/29/2010. (LMN) Mediation follow-up telephone conference has been scheduled for 10/26/2010 at 10:00 A.M. (Eastern Time) with Roderick McFaull. [Please open notice for important details and deadlines.] (WJR) BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: appellant brief now due 11/09/2010. appellee brief now due 12/13/2010. (WJR) BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: appellant brief now due 12/07/2010. appellee brief now due 01/06/2011. (CAW) 11/23/2010 Mediation Office is no longer involved in this appeal. (LMR) 12/03/ /06/ /21/ /26/ /31/ /31/ /03/ pg, KB 3 pg, KB 2 pg, KB 2 pg, KB 1 pg, KB 1 pg, KB 2 pg, KB MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to hold case in abeyance, to consolidate for briefing and submission cases , to extend time to file brief. Certificate of Service: 12/03/2010. (HBM) ORDER filed GRANTING motion to consolidate for briefing [ ], [ ]; declaring as moot motion to extend time to file brief [ ], [ ]; GRANTING motion to hold case in abeyance [ ], [ ] filed by Ms. Heather Boone McKeever for Heather Boone McKeever and Shane M. Haffey. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 12/21/2010. On December 15, 2010, the Court, upon its own Motion ORDERED that the parties shall file a joint scheduling proposal no later that January 14, Failing agreement, the parties shall separately file a proposal no later than January 14, Whether joint or separate, the proposal shall suggest deadlines and case events for the resolution of both cases. Next status report due 01/20/2011 [ , ]--[Edited 12/21/2010 by LMN] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The parties filed by agreement a Joint Scheduling Proposal on or before January 14, 2011, as Ordered by the District Court and are currently awaiting the Court s Scheduling Order. Further, as part of said Joint Proposal, the parties have agreed to attend a formal Mediation Conference on or before April 1, 2011, in an attempt to resolve the matters. Certificate of Service: 01/26/2011. Next status report due 02/25/2011 [ , ]--[Edited 01/27/2011 by LMN] (HBM) APPEARANCE filed for Appellee Mortgage Electronic Registration Systems, Inc. in by David J. Kellerman. Certificate of Service: 01/31/2011. [ , ] (DJK) CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. Certificate of Service: 01/31/2011. [ , ] (DJK) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. A Joint Scheduling Order has been entered by the District Court. Further, the parties have agreed to attend a formal Mediation Conference on or before May 1, 2011, in an attempt to resolve the matters. Certificate of Service: 03/03/2011. Next status report due 04/04/2011. [ , ]--[Edited 03/07/2011 by LMN] (HBM)

25 1/9/ Docket Page 5 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 6 of 13 04/29/ /02/ /02/ /08/ /09/ /09/ /11/ /13/ /14/ /12/ /31/ /31/ pg, KB 3 pg, KB 2 pg, KB 1 pg, KB 2 pg, KB 2 pg, KB 2 pg, KB 2 pg, KB 1 pg, 10.1 KB 2 pg, KB 2 pg, KB 1 pg, 10.1 KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 04/29/2011. A Joint Scheduling Order has been entered by the District Court. Further, the parties have agreed to attend a formal Mediation Conference on or before May 1, 2011, in an attempt to resolve the matters. Next status report due 05/31/2011 [ , ]--[Edited 04/29/2011 by LMN] (HBM) ORDER filed to dismiss for want of prosecution. Status Report was not filed by May 31, [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 06/02/2011. Next status report due 07/05/2011 [ , ] A Joint Scheduling Order has been entered by the District Court. Further, the parties have agreed to attend a formal Mediation Conference on or before July 1, 2011, in an attempt to resolve the matters.--[edited 06/02/2011 by LMN] (HBM) LETTER SENT to Ms. Heather Boone McKeever for Heather Boone McKeever and Shane M. Haffey regarding the appeals being dismissed for want of prosecution due to status report not being filed by May 31, [ , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to reinstate case. Certificate of Service: 06/09/2011. [ , ] (HBM) ORDER filed granting motion to reinstate case [ ] filed by Ms. Heather Boone McKeever for Heather Boone McKeever and Shane M. Haffey. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The Appellees, Deutsche Bank and GMAC LLC, by and through its counsel of record, Hon. Christopher Thorsen, now unilaterally refuse to participate in any type of Mediation or facilitated Settlement. Since the Mediation was voluntary under the original Rule 26 Scheduling Order, it is now perceived that the TILA Regulation Z Rescission issue will proceed to a jury trial; unless the District Court sees fit at a later date to send the case to Mediation by Court Order. Certificate of Service: 07/11/2011. Next status report due 08/10/2011. [ , ]-- [Edited 07/12/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time. Certificate of Service: 07/13/2011. [ , ] (HBM) LETTER SENT granting the motion to extend time to file a status report [ ] filed by Ms. Heather Boone McKeever. The status report was filed on 7/13/2011. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. A new Joint Scheduling Order has been entered by the District Court subsequent to a pre-trial conference. The Court s new Order has allowed for the Plaintiff to file a Motion for Summary Judgment by August 11, 2011, while prohibiting the Defendants from taking any discovery; in spite of the fact that the Plaintiffs were fraudulently induced into believing that the Plaintiffs would be participating in Mediation; thereby mutually refraining from discovery, including the basic exchange of Rule 26(a)(1) discovery, which was required to be exchanged between the parties in January Certificate of Service: 08/12/2011. Next status report due 09/12/2011 [ , ]--[Edited 08/15/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to File Status Report. Certificate of Service: 08/31/2011. [ , ] (HBM) LETTER SENT granting motion extend time to file a status report [ ] filed by Ms. Heather Boone McKeever. Status Report filed two (2) days late. [ , 10-

26 1/9/ Docket Page 6 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 7 of ] (LMN) 09/12/ /18/ /26/ /26/ /27/ /21/ /26/ /26/ /31/ /24/ pg, KB 0 pg, 0 KB 2 pg, KB 2 pg, KB 1 pg, KB 2 pg, KB 2 pg, 71.9 KB 2 pg, KB 1 pg, 9.98 KB 2 pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The Appellee filed its Motion for Summary Judgment. The Appellants have filed a Motion for Extension of Time to Respond and request for discovery; no discovery having been previously taken and that which is to date, currently barred by the District Court. Dated September 12, Certificate of Service: 09/12/2011. Next status report due 10/12/2011. [ , ]--[Edited 09/13/2011 by LMN] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 10/18/2011. Next status report due 11/17/2011 [ , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile the two attached documents as two separate documents, a motion to extend time to file the status report out of time and the second entry filing the status report.)--[edited 10/19/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to file Status Report. Certificate of Service: 10/26/2011. [ , ] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The Status remains as follows: The Appellee filed its Motion for Summary Judgment. The Appellants have filed a Motion for Extension of Time to Respond and request for discovery; no discovery having been previously taken and that which is to date, currently barred by the District Court.Certificate of Service: 10/26/2011. Next status report due 12/27/2011. [ , ]--[Edited 10/27/2011 by LMN] (HBM) LETTER SENT granting motion to file a status report out of time [ ] filed by Ms. Heather Boone McKeever. The next status report is due to be electronically filed on or before December 27, [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 12/21/2011. The Appellee filed its Motion for Summary Judgment. The Appellants filed a Response and request for discovery; no discovery having been previously taken, the discovery Order having been cancelled by the Court. The Court has denied the request to reinstate the discovery schedule and the Appellants filed their Response to the Motion for Summary Judgment on December 18, Next status report due 01/20/2012. [ , ]--[Edited 12/21/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to file Status Report. Certificate of Service: 01/26/2012. [ , ] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 01/26/2012. The District Court has issued several final Orders in the consolidated cases, including an Order for Summary judgment in 08-cv-459. A Motion for Reconsideration will be filed and it is predicted that the Motion will be denied. Therefore, these issues and all the consolidated cases should be ripe for full review within the next ninety (90) days at which time the Appellants will file a Motion with this Court to remove the cases from Abeyance and ask that they be placed on the Courts active docket. [ , ]--[Edited 01/31/2012 by LMN] (HBM) LETTER SENT granting motion extend time to file a Status Report [ ] filed by Ms. Heather Boone McKeever. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 02/24/2012. A Motion for Reconsideration, pursuant to Fed Civ. R. Proc. 59 and 60, has been be filed and is pending. The consolidated cases should be ripe for full

27 1/9/ Docket Page 7 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 8 of 13 03/31/ /30/ /01/ /31/ pg, KB 2 pg, KB 2 pg, KB 2 pg, KB review within the next ninety (90) days; at which time the Appellants will file a Motion with this Court to remove the cases from Abeyance and ask that they be placed on the Courts active docket. [ , ]--[Edited 02/27/2012 by LMN] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 03/31/2012. The Status is unchanged from the previous month wherein a Motion for Reconsideration is pending with the District Court. Next status report due 05/30/2012 [ , ]--[Edited 04/02/2012 by LMN] (Note: This "Notice of Docket Activity" is being resent to show a new date of the next status report of 05/50/2012.) (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. No change in status since last month. Certificate of Service: 04/30/2012. Next status report due 05/30/2012 [ , ]--[Edited 05/01/2012 by PJE] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 06/01/2012. The Status is unchanged from the previous month wherein a Motion for Reconsideration is pending with the District Court. Next status report due 08/02/2012. (This "Notice of Docket Activity" is being regenerated to show the next status report due in sixty (60) days. [ , ]--[Edited 06/04/2012 by LMN] (HBM) ORDER filed to dismiss for want of prosecution. A status report was not filed by 8/2/2012. [ , ] (LMN) 09/04/2012 MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to reinstate case. Certificate of Service: 09/04/2012. [ , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile the two documents separately as a status report and another entry motion to reinstate the case.)--[edited 09/04/2012 by LMN] (HBM) 09/05/ /05/ /17/ /03/ pg, 85.1 KB 3 pg, KB 2 pg, 28.3 KB 3 pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 09/04/2012. A hearing in this matter in relation to the Enforcement of the Stay and Sanctions against Appellees is set for November 13, 2012, in the State of New York, in In Re Residential Capital, LLC, Case No (MG.) Next status report due 11/05/2012. (This "Notice of Docket Activity" is being regenerated to show the next status report due in sixty (60) days. [ , ]--[Edited 09/17/2012 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to reinstate case. Certificate of Service: 09/04/2012. [ , ] (HBM) ORDER filed granting motion to reinstate case [ ] filed by Ms. Heather Boone McKeever. [ , ] (LMN) ORDER filed GRANTING motion to consolidate with and , [ ]; GRANTING motion to hold case in abeyance [ ] with and To the extent that appellants seek to keep this appeal, , in abeyance pending the bankruptcy proceedings relating to GMAC Mortgage LLC, [ ], the motion is DENIED. The appellants are directed to file a consolidated status report for all three appeals every 60 days, with the first status report due 12/04/2012. [ , , ] (LMN) 10/03/2012 RULING to hold case in abeyance. [ , , ] (LMN) 12/05/ pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The hearing in relation to the Appellants Motion as to whether all cases included in this consolidated appeal (including District Court case 11-cv-188,) have been under a Bankruptcy Stay Injunction since May 14, 2012, pursuant to In Re Residential Capital, LLC, Case No (MG,) USBC Southern District of New York; in which Appellees, GMAC Mortgage LLC, Rescap

28 1/9/ Docket Page 8 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 9 of 13 LLC and RALI are the debtors; has been rescheduled by Hon. Martin Glenn from November 13, 2012, to January 29, Additionally, Proof of Claims have been filed in the Rescap/GMAC bankruptcy in relation to each and every consolidated case currently before this tribunal. Certificate of Service: 12/05/2012. Next status report due 02/04/2013. (Note: The Notice of Docket Activity is being regenerated to correct the date of the next status report.) [ , , ]--[Edited 12/05/2012 by LMN] (HBM) 12/10/ /11/ /09/ /11/ /12/ /12/ /03/ /04/ /07/ pg, KB 1 pg, KB 2 pg, KB 4 pg, KB 1 pg, KB 2 pg, KB 2 pg, KB 3 pg, KB 0 pg, 0 KB MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to file status Report. Certificate of Service: 12/10/2012. [ , , ] (HBM) LETTER SENT GRANTING a motion to file a status report out of time, [ ] filed by Ms. Heather Boone McKeever. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Proof of Claims have been filed in the Rescap/GMAC bankruptcy in relation to the consolidated cases. No objection has been made to the Proof of Claims. The hearing relating to Appellants Motion to Enforce the Bankruptcy Stay as to the cases included in these consolidated appeals; was adjourned by the Bankruptcy Court on January 29, 2013, and re-set for a hearing and oral argument on April 11, Certificate of Service: 02/09/2013. Next Status Report due April 12, [ , , ] (Note: the "Notice of Docket Activity" is being regenerated to correct the due date of the next status report.)--[edited 02/12/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time and to File Status Report Out of Time. Certificate of Service: 02/11/2013. [ , , ] (HBM) LETTER SENT granting motion to extend time by five (5) days to file a status report [ ] filed by Ms. Heather Boone McKeever. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. On April 8, 2013, at the request of Res Cap/GMAC Mortgage bankruptcy counsel, Morrison Foerster, the April 11, 2013, scheduled hearing relating to Appellants Motion to Enforce the Bankruptcy Stay as to the cases included in this consolidated appeal was adjourned by Order of the Bankruptcy Court. The Court has re-set oral argument for 10:00 a.m. on April 30, 2013, in the State of New York. The parties, by and through the GMAC bankruptcy, have not ruled out a settlement of the matter and/or a Universal Settlement of the consolidated cases pending before this Court. Certificate of Service: 04/12/2013. Next status report due 06/11/2013 [ , , ] (Note: the "Notice of Docket Activity" is being regenerated to show the correct due date of the next status report: 6/11/2013.)--[Edited 04/15/2013 by LMN] (HBM) ORDER filed : these appeals are removed from abeyance status. A briefing schedule shall separately issue. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , Certificate of Service: 06/04/2013. Next status report due 07/05/2013 [ , , ] (HBM) MOTION filed by Mr. Christopher E. Thorsen for GMAC Mortgage, LLC in , for To Remand or Dismiss as to Case No. 5:09-cv Certificate of Service: 06/07/2013. [ , , ] (This entry is LOCKED on the docket and Mr. Rose is instructed to file this motion using his own registration as he has signed the motion and not Mr. Thorsen. Also, the motion should be refiled by

29 1/9/ Docket Page 9 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 10 of 13 selecting "motion", "Dispositive", "remand case", "dismiss case - jurisdiction.")-- [Edited 06/11/2013 by LMN] (CET) 06/11/ /19/ /19/ /20/ /03/ /15/ /15/ /19/ /25/ /08/ /15/ /15/ /28/ pg, KB 3 pg, KB 5 pg, KB 4 pg, KB 12 pg, KB 2 pg, KB 4 pg, KB 3 pg, KB 4 pg, KB 2 pg, KB 2 pg, KB 20 pg, KB 4 pg, KB MOTION filed by Mr. Jonathan D. Rose for GMAC Mortgage, LLC in to remand, to dismiss case for lack of jurisdiction. Certificate of Service: 06/11/2013. [ , , ] (JDR) ORDER filed to sever case number from and and to hold briefing for in abeyance pending a ruling on the appellee's motion to remand or dismiss. [ , , ] (LMN) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 08/01/2013; appellee brief due 09/03/2013. [ , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to hold case in abeyance. Certificate of Service: 06/20/2013. [ , ] (HBM) RESPONSE in opposition filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , Response from Attorney Mr. Jonathan D. Rose for Appellee GMAC Mortgage, LLC in , Attorney Mr. Jonathan D. Rose for Appellee GMAC Mortgage LLC in Certificate of Service:07/03/2013. [ , ] (JDR) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to file Reply. Certificate of Service: 07/15/2013. [ , ] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , for Clarification and Re-Issuance of Briefing Schedule. Certificate of Service: 07/15/2013. [ , ] (HBM) ORDER filed : pending resolution of the Bank's motion and the Borrowers' motion to hold in abeyance, the briefing schedule in Nos /6249 is VACATED. The Borrowers must file their response to the Bank's motion and may file a reply in support of their motion to hold in abeyance within ten days of the entry of this order. No additional extensions of time will be granted. If the Borrowers obtain additional documents that they believe are relevant after the expiration of the aforementioned ten-day period, they may move for leave to file a supplement to the response or the reply previously filed with the court. [ , , ] (LMN) RESPONSE filed regarding appellant's motion for clarification of cases to be briefed and for re-issuance of briefing schedule, [ ]; previously filed by Ms. Heather Boone McKeever. Response from Attorney Mr. Jonathan D. Rose for Appellees GMAC Mortgage LLC and GMAC Mortgage, LLC. Certificate of Service:07/25/2013. [ , , ] (JDR) NOTIFICATION filed by Mr. Jonathan D. Rose for GMAC Mortgage, LLC in , Mr. Jonathan D. Rose for GMAC Mortgage LLC in regarding. Certificate of Service: 08/08/2013. [ , ] (JDR) Copy of District Court Document filed RE #187 filed 8/14/2013 Notice of General Order Reassigning Case 08-cv from Judge Coffman to Judge Bunning.. [ , , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to strike brief of Appellees in Regards to the Motion to Remand or Dismiss and all other Filings since November 21, 2013, by BABC law firm on behalf of Rescap/GMAC Bankrupt entities and Deutsche Bank on Behalf of the RALI 2007-QS10 Fund and the Investors of the Fund. Rescap/GMAC, Deutsche Bank on Behalf of the RALI 2007-Qs10 MBS Fund. Certificate of Service: 08/15/2013. [ , , ] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to remand. Certificate of

30 1/9/ Docket Page 10 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 11 of 13 Service: 08/28/2013. [ , , ] (HBM) 08/28/ /10/ /23/ /03/ /22/ /22/ /30/ /03/ /05/ /09/ pg, 1.12 MB 8 pg, KB 6 pg, KB 6 pg, KB 4 pg, KB 5 pg, KB 18 pg, KB 21 pg, KB 0 pg, 0 KB 3 pg, KB RESPONSE in opposition filed regarding a motion to strike brief, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:08/28/2013. [ , , ] (CET) RESPONSE in opposition filed regarding a motion to remand case, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:09/10/2013. [ , , ] (CET) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to File Appellant's Reply to Response to Motion to Remand. Certificate of Service: 09/23/2013. [ , , ] (HBM) RESPONSE in opposition filed regarding a motion to extend time to file a reply [ ]; previously filed by Ms. Heather Boone McKeever. Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC and GMAC Mortgage LLC. Certificate of Service:10/03/2013. [ , , ]-- [Edited 10/07/2013 by LMN] (CET) ORDER filed : The Bank s motion for partial dismissal and to remand is GRANTED in PART. These appeals are partially dismissed insofar as they seek review of any order entered in No (E.D. Ky.) and are hereby REMANDED to the district court for further proceedings in No (E.D. Ky.). The Borrowers motions to hold in abeyance, for clarification, to strike and for injunctive relief, to remand, and for an extension of time to file a reply are DENIED. These three appeals will proceed on the merits with respect to the final orders entered by the district court in cases other than No (E.D. Ky.) that have been appealed by the Borrowers. The clerk will establish a new briefing schedule for the appeals. [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]. Deborah L. Cook, Circuit Judge; Richard Allen Griffin, Circuit Judge and Peter C. Economus, Senior U.S. District Judge for the Northern District of Ohio, sitting by designation. [ , , ] (LMN) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/04/2013; appellees' briefs due 01/06/2014. [ , , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for a request for certification of law to the Kentucky Supreme Court. Certificate of Service: 11/30/ [Edited 12/04/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for certification of law to the New York State Court of Appeals. Certificate of Service: 12/03/2013. [ , , ]--[Edited 12/04/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to file brief. Certificate of Service: 12/05/2013. [ , , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile this motion by selecting "motion", "hold case in abeyance")--[edited 12/05/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to hold case in abeyance. Certificate of Service: 12/05/2013. [ , , ] (HBM)

31 1/9/ Docket Page 11 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 12 of 13 12/12/ /13/ /18/ /18/ /18/ /22/ /22/ pg, KB 11 pg, KB 4 pg, KB 0 pg, 0 KB 7 pg, KB 9 pg, KB 5 pg, KB RESPONSE in opposition filed regarding a motion certifying question of law, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:12/12/2013. [ , , ] (CET) RESPONSE filed regarding a motion certifying question of law, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/13/2013. [ , , ] (DJK) RESPONSE in opposition filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:12/18/2013. [ , , ] (CET) RESPONSE filed regarding a motion to extend time to file brief, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/18/2013. (This entry is LOCKED on the docket and Mr. Kellerman is instructed to refile this response by selecting a response to the 12/9/13 motion to hold case in abeyance NOT a response to motion to extend time to file a brief which was incorrectly filed by Ms. McKeever and locked on the docket. [ , , ]--[Edited 12/18/2013 by LMN] (DJK) RESPONSE filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/18/2013. [ , , ] (DJK) REPLY filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , regarding Appellant's Motion for Certification of Law to the New York Court of Appeals. Certificate of Service: 12/22/2013. [ , , ] (HBM) REPLY filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , regarding Appellants' Motion for Certification to the Kentucky Supreme Court in Appeal District Court Certificate of Service: 12/22/2013. [ , ] (HBM)

32 1/9/ Docket Page 12 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit B Pg 13 of 13 Clear All Documents and Docket Summary Documents Only Include Page Numbers Selected Pages: 0 Selected Size: 0 KB Totals reflect accessible documents only and do not include unauthorized restricted documents. View Selected PACER Service Center Transaction Receipt PACER Login: Description: Billable Pages: mf /09/ :12:40 Docket Report (filtered) Client Code: Search Criteria: Cost: 1.00

33 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 1 of 13 Exhibit C

34 1/9/ Docket Page 1 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 2 of 13 General Docket United States Court of Appeals for the Sixth Circuit Court of Appeals Docket #: Docketed: 10/20/2010 Nature of Suit: 3371 Truth in Lending GMAC Mortgage, LLC v. Heather McKeever, et al Appeal From: Eastern District of Kentucky at Lexington Fee Status: fee paid Case Type Information: 1) Civil 2) Private 3) Federal Question Originating Court Information: District: : 5:08-CV-459 Court Reporter: Rhonda S. Sansom Court Reporter: Peggy Weber-Westman Trial Judge: David L. Bunning, U.S. District Judge Date Filed: 11/07/2008 Date Order/Judgment: Date NOA Filed: 09/14/ /12/2010 District: : 5:08-CV-510 Court Reporter: Rhonda S. Sansom Court Reporter: Peggy Weber-Westman Trial Judge: David L. Bunning, U.S. District Judge Date Filed: 12/15/2008 Date Order/Judgment: Date NOA Filed: 09/14/ /12/2010 Prior Cases: None Current Cases: Lead Member Start End Consolidated /06/ /19/ /19/2013 GMAC MORTGAGE, LLC Plaintiff - Appellee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff - Appellee v. Christopher E. Thorsen Direct: [COR LD NTC Retained] Bradley Arant Boult Cummings Firm: Division Street Suite 700 Nashville, TN David J. Kellerman Direct: [COR LD NTC Retained] Middleton Reutlinger Firm: S. Fourth Street Suite 2600 Louisville, KY 40202

35 1/9/ Docket Page 2 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 3 of 13 HEATHER BOONE MCKEEVER Defendant - Appellant SHANE M. HAFFEY Defendant - Appellant Heather Boone McKeever Direct: [COR LD NTC Retained] Law Offices 3250 Delong Road Lexington, KY Heather Boone McKeever Direct: [COR LD NTC Retained] (see above)

36 1/9/ Docket Page 3 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 4 of 13 GMAC MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiffs - Appellees v. HEATHER BOONE MCKEEVER; SHANE M. HAFFEY Defendants - Appellants 10/20/ pg, KB Civil Case Docketed. Notice filed by Appellants Shane M. Haffey and Ms. Heather Boone McKeever. Transcript needed: y. (LMN) 10/20/2010 The case manager for this case is: Linda Niesen (LMN) 11/08/ /08/ /08/ /17/ /17/ /17/ /17/ /18/ /18/ /03/ /06/ pg, KB 1 pg, KB 1 pg, KB 2 pg, KB 2 pg, KB 1 pg, KB 0 pg, 0 KB 1 pg, KB 2 pg, KB 3 pg, KB 3 pg, KB APPEARANCE filed for Appellants Shane M. Haffey and Ms. Heather Boone McKeever by Heather Boone McKeever. Certificate of Service: 11/08/2010. (A new Notice of Docket Activity is being sent to show a corrected appearnace form has been attached.)--[edited 11/15/2010 by LMN] (HBM) CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Heather Boone McKeever for Appellants Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service:11/08/2010. (HBM) CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Heather Boone McKeever for Appellants Shane M. Haffey and Ms. Heather Boone McKeever Certificate of Service: 11/08/2010. (HBM) TRANSCRIPT ORDER FORM filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever; No hearings held in District Court. Certificate of Service: 11/17/2010. (HBM) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/27/2010; appellee brief due 01/31/2011. (LMN) APPEARANCE filed for Appellee GMAC Mortgage, LLC by Christopher E. Thorsen. Certificate of Service: 11/17/2010. (CET) APPEARANCE filed for Appellee GMAC Mortgage, LLC by Jonathan D. Rose. Certificate of Service: 11/17/2010. (This entry is locked and Mr. Rose is instructed to refile this appearance form with his own registration.)--[edited 11/17/2010 by LMN] (CET) APPEARANCE filed for Appellee GMAC Mortgage, LLC by Jonathan D. Rose. Certificate of Service: 11/18/2010. (JDR) CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC Certificate of Service: 11/18/2010. (CET) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to hold case in abeyance, to consolidate for briefing and submission cases , to extend time to file brief. Certificate of Service: 12/03/2010. (HBM) ORDER filed GRANTING motion to consolidate for briefing [ ], [ ]; declaring as moot motion to extend time to file brief [ ], [ ]; GRANTING motion to hold case in abeyance [ ], [ ] filed by Ms. Heather Boone McKeever for Heather Boone McKeever and Shane M. Haffey. [ , ] (LMN) 12/21/2010 STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and

37 1/9/ Docket Page 4 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 5 of 13 2 pg, KB Ms. Heather Boone McKeever. Certificate of Service: 12/21/2010. On December 15, 2010, the Court, upon its own Motion ORDERED that the parties shall file a joint scheduling proposal no later that January 14, Failing agreement, the parties shall separately file a proposal no later than January 14, Whether joint or separate, the proposal shall suggest deadlines and case events for the resolution of both cases. Next status report due 01/20/2011 [ , ]--[Edited 12/21/2010 by LMN] (HBM) 01/26/ /31/ /31/ /03/ /29/ /02/ /02/ /08/ /09/ /09/ /11/ pg, KB 1 pg, KB 1 pg, KB 2 pg, KB 2 pg, KB 3 pg, KB 2 pg, KB 1 pg, KB 2 pg, KB 2 pg, KB 2 pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The parties filed by agreement a Joint Scheduling Proposal on or before January 14, 2011, as Ordered by the District Court and are currently awaiting the Court s Scheduling Order. Further, as part of said Joint Proposal, the parties have agreed to attend a formal Mediation Conference on or before April 1, 2011, in an attempt to resolve the matters. Certificate of Service: 01/26/2011. Next status report due 02/25/2011 [ , ]--[Edited 01/27/2011 by LMN] (HBM) APPEARANCE filed for Appellee Mortgage Electronic Registration Systems, Inc. in by David J. Kellerman. Certificate of Service: 01/31/2011. [ , ] (DJK) CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. Certificate of Service: 01/31/2011. [ , ] (DJK) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. A Joint Scheduling Order has been entered by the District Court. Further, the parties have agreed to attend a formal Mediation Conference on or before May 1, 2011, in an attempt to resolve the matters. Certificate of Service: 03/03/2011. Next status report due 04/04/2011. [ , ]--[Edited 03/07/2011 by LMN] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 04/29/2011. A Joint Scheduling Order has been entered by the District Court. Further, the parties have agreed to attend a formal Mediation Conference on or before May 1, 2011, in an attempt to resolve the matters. Next status report due 05/31/2011 [ , ]--[Edited 04/29/2011 by LMN] (HBM) ORDER filed to dismiss for want of prosecution. Status Report was not filed by May 31, [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 06/02/2011. Next status report due 07/05/2011 [ , ] A Joint Scheduling Order has been entered by the District Court. Further, the parties have agreed to attend a formal Mediation Conference on or before July 1, 2011, in an attempt to resolve the matters.--[edited 06/02/2011 by LMN] (HBM) LETTER SENT to Ms. Heather Boone McKeever for Heather Boone McKeever and Shane M. Haffey regarding the appeals being dismissed for want of prosecution due to status report not being filed by May 31, [ , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to reinstate case. Certificate of Service: 06/09/2011. [ , ] (HBM) ORDER filed granting motion to reinstate case [ ] filed by Ms. Heather Boone McKeever for Heather Boone McKeever and Shane M. Haffey. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The Appellees, Deutsche Bank and GMAC LLC, by and through its counsel of record, Hon. Christopher Thorsen, now unilaterally refuse

38 1/9/ Docket Page 5 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 6 of 13 to participate in any type of Mediation or facilitated Settlement. Since the Mediation was voluntary under the original Rule 26 Scheduling Order, it is now perceived that the TILA Regulation Z Rescission issue will proceed to a jury trial; unless the District Court sees fit at a later date to send the case to Mediation by Court Order. Certificate of Service: 07/11/2011. Next status report due 08/10/2011. [ , ]-- [Edited 07/12/2011 by LMN] (HBM) 07/13/ /14/ /12/ /31/ /31/ /12/ /18/ /26/ /26/ /27/ pg, KB 1 pg, 10.1 KB 2 pg, KB 2 pg, KB 1 pg, 10.1 KB 2 pg, KB 0 pg, 0 KB 2 pg, KB 2 pg, KB 1 pg, KB MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time. Certificate of Service: 07/13/2011. [ , ] (HBM) LETTER SENT granting the motion to extend time to file a status report [ ] filed by Ms. Heather Boone McKeever. The status report was filed on 7/13/2011. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. A new Joint Scheduling Order has been entered by the District Court subsequent to a pre-trial conference. The Court s new Order has allowed for the Plaintiff to file a Motion for Summary Judgment by August 11, 2011, while prohibiting the Defendants from taking any discovery; in spite of the fact that the Plaintiffs were fraudulently induced into believing that the Plaintiffs would be participating in Mediation; thereby mutually refraining from discovery, including the basic exchange of Rule 26(a)(1) discovery, which was required to be exchanged between the parties in January Certificate of Service: 08/12/2011. Next status report due 09/12/2011 [ , ]--[Edited 08/15/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to File Status Report. Certificate of Service: 08/31/2011. [ , ] (HBM) LETTER SENT granting motion extend time to file a status report [ ] filed by Ms. Heather Boone McKeever. Status Report filed two (2) days late. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The Appellee filed its Motion for Summary Judgment. The Appellants have filed a Motion for Extension of Time to Respond and request for discovery; no discovery having been previously taken and that which is to date, currently barred by the District Court. Dated September 12, Certificate of Service: 09/12/2011. Next status report due 10/12/2011. [ , ]--[Edited 09/13/2011 by LMN] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 10/18/2011. Next status report due 11/17/2011 [ , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile the two attached documents as two separate documents, a motion to extend time to file the status report out of time and the second entry filing the status report.)--[edited 10/19/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to file Status Report. Certificate of Service: 10/26/2011. [ , ] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The Status remains as follows: The Appellee filed its Motion for Summary Judgment. The Appellants have filed a Motion for Extension of Time to Respond and request for discovery; no discovery having been previously taken and that which is to date, currently barred by the District Court.Certificate of Service: 10/26/2011. Next status report due 12/27/2011. [ , ]--[Edited 10/27/2011 by LMN] (HBM) LETTER SENT granting motion to file a status report out of time [ ] filed by Ms. Heather Boone McKeever. The next status report is due to be electronically filed

39 1/9/ Docket Page 6 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 7 of 13 12/21/ /26/ /26/ /31/ /24/ /31/ /30/ /01/ /31/ pg, KB 2 pg, 71.9 KB 2 pg, KB 1 pg, 9.98 KB 2 pg, KB 2 pg, KB 2 pg, KB 2 pg, KB 2 pg, KB on or before December 27, [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 12/21/2011. The Appellee filed its Motion for Summary Judgment. The Appellants filed a Response and request for discovery; no discovery having been previously taken, the discovery Order having been cancelled by the Court. The Court has denied the request to reinstate the discovery schedule and the Appellants filed their Response to the Motion for Summary Judgment on December 18, Next status report due 01/20/2012. [ , ]--[Edited 12/21/2011 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to file Status Report. Certificate of Service: 01/26/2012. [ , ] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 01/26/2012. The District Court has issued several final Orders in the consolidated cases, including an Order for Summary judgment in 08-cv-459. A Motion for Reconsideration will be filed and it is predicted that the Motion will be denied. Therefore, these issues and all the consolidated cases should be ripe for full review within the next ninety (90) days at which time the Appellants will file a Motion with this Court to remove the cases from Abeyance and ask that they be placed on the Courts active docket. [ , ]--[Edited 01/31/2012 by LMN] (HBM) LETTER SENT granting motion extend time to file a Status Report [ ] filed by Ms. Heather Boone McKeever. [ , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 02/24/2012. A Motion for Reconsideration, pursuant to Fed Civ. R. Proc. 59 and 60, has been be filed and is pending. The consolidated cases should be ripe for full review within the next ninety (90) days; at which time the Appellants will file a Motion with this Court to remove the cases from Abeyance and ask that they be placed on the Courts active docket. [ , ]--[Edited 02/27/2012 by LMN] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 03/31/2012. The Status is unchanged from the previous month wherein a Motion for Reconsideration is pending with the District Court. Next status report due 05/30/2012 [ , ]--[Edited 04/02/2012 by LMN] (Note: This "Notice of Docket Activity" is being resent to show a new date of the next status report of 05/50/2012.) (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. No change in status since last month. Certificate of Service: 04/30/2012. Next status report due 05/30/2012 [ , ]--[Edited 05/01/2012 by PJE] (HBM) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , Certificate of Service: 06/01/2012. The Status is unchanged from the previous month wherein a Motion for Reconsideration is pending with the District Court. Next status report due 08/02/2012. (This "Notice of Docket Activity" is being regenerated to show the next status report due in sixty (60) days. [ , ]--[Edited 06/04/2012 by LMN] (HBM) ORDER filed to dismiss for want of prosecution. A status report was not filed by 8/2/2012. [ , ] (LMN) 09/04/2012 MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to reinstate case. Certificate of Service: 09/04/2012. [ , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile the two documents separately as a status report and another entry motion to reinstate the case.)--[edited 09/04/2012 by LMN] (HBM)

40 1/9/ Docket Page 7 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 8 of 13 09/05/ /05/ /17/ /03/ pg, 85.1 KB 3 pg, KB 2 pg, 28.3 KB 3 pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service: 09/04/2012. A hearing in this matter in relation to the Enforcement of the Stay and Sanctions against Appellees is set for November 13, 2012, in the State of New York, in In Re Residential Capital, LLC, Case No (MG.) Next status report due 11/05/2012. (This "Notice of Docket Activity" is being regenerated to show the next status report due in sixty (60) days. [ , ]--[Edited 09/17/2012 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to reinstate case. Certificate of Service: 09/04/2012. [ , ] (HBM) ORDER filed granting motion to reinstate case [ ] filed by Ms. Heather Boone McKeever. [ , ] (LMN) ORDER filed GRANTING motion to consolidate with and , [ ]; GRANTING motion to hold case in abeyance [ ] with and To the extent that appellants seek to keep this appeal, , in abeyance pending the bankruptcy proceedings relating to GMAC Mortgage LLC, [ ], the motion is DENIED. The appellants are directed to file a consolidated status report for all three appeals every 60 days, with the first status report due 12/04/2012. [ , , ] (LMN) 10/03/2012 RULING to hold case in abeyance. [ , , ] (LMN) 12/05/ /10/ /11/ /09/ /11/ pg, KB 2 pg, KB 1 pg, KB 2 pg, KB 4 pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The hearing in relation to the Appellants Motion as to whether all cases included in this consolidated appeal (including District Court case 11-cv-188,) have been under a Bankruptcy Stay Injunction since May 14, 2012, pursuant to In Re Residential Capital, LLC, Case No (MG,) USBC Southern District of New York; in which Appellees, GMAC Mortgage LLC, Rescap LLC and RALI are the debtors; has been rescheduled by Hon. Martin Glenn from November 13, 2012, to January 29, Additionally, Proof of Claims have been filed in the Rescap/GMAC bankruptcy in relation to each and every consolidated case currently before this tribunal. Certificate of Service: 12/05/2012. Next status report due 02/04/2013. (Note: The Notice of Docket Activity is being regenerated to correct the date of the next status report.) [ , , ]--[Edited 12/05/2012 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to file status Report. Certificate of Service: 12/10/2012. [ , , ] (HBM) LETTER SENT GRANTING a motion to file a status report out of time, [ ] filed by Ms. Heather Boone McKeever. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Proof of Claims have been filed in the Rescap/GMAC bankruptcy in relation to the consolidated cases. No objection has been made to the Proof of Claims. The hearing relating to Appellants Motion to Enforce the Bankruptcy Stay as to the cases included in these consolidated appeals; was adjourned by the Bankruptcy Court on January 29, 2013, and re-set for a hearing and oral argument on April 11, Certificate of Service: 02/09/2013. Next Status Report due April 12, [ , , ] (Note: the "Notice of Docket Activity" is being regenerated to correct the due date of the next status report.)--[edited 02/12/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time and to File Status Report Out of Time. Certificate of Service: 02/11/2013. [ , , ] (HBM)

41 1/9/ Docket Page 8 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 9 of 13 02/12/ /12/ /03/ /04/ /07/ /11/ /19/ /19/ /20/ /03/ /15/ /15/ pg, KB 2 pg, KB 2 pg, KB 3 pg, KB 0 pg, 0 KB 13 pg, KB 3 pg, KB 5 pg, KB 4 pg, KB 12 pg, KB 2 pg, KB 4 pg, KB LETTER SENT granting motion to extend time by five (5) days to file a status report [ ] filed by Ms. Heather Boone McKeever. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. On April 8, 2013, at the request of Res Cap/GMAC Mortgage bankruptcy counsel, Morrison Foerster, the April 11, 2013, scheduled hearing relating to Appellants Motion to Enforce the Bankruptcy Stay as to the cases included in this consolidated appeal was adjourned by Order of the Bankruptcy Court. The Court has re-set oral argument for 10:00 a.m. on April 30, 2013, in the State of New York. The parties, by and through the GMAC bankruptcy, have not ruled out a settlement of the matter and/or a Universal Settlement of the consolidated cases pending before this Court. Certificate of Service: 04/12/2013. Next status report due 06/11/2013 [ , , ] (Note: the "Notice of Docket Activity" is being regenerated to show the correct due date of the next status report: 6/11/2013.)--[Edited 04/15/2013 by LMN] (HBM) ORDER filed : these appeals are removed from abeyance status. A briefing schedule shall separately issue. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , Certificate of Service: 06/04/2013. Next status report due 07/05/2013 [ , , ] (HBM) MOTION filed by Mr. Christopher E. Thorsen for GMAC Mortgage, LLC in , for To Remand or Dismiss as to Case No. 5:09-cv Certificate of Service: 06/07/2013. [ , , ] (This entry is LOCKED on the docket and Mr. Rose is instructed to file this motion using his own registration as he has signed the motion and not Mr. Thorsen. Also, the motion should be refiled by selecting "motion", "Dispositive", "remand case", "dismiss case - jurisdiction.")-- [Edited 06/11/2013 by LMN] (CET) MOTION filed by Mr. Jonathan D. Rose for GMAC Mortgage, LLC in to remand, to dismiss case for lack of jurisdiction. Certificate of Service: 06/11/2013. [ , , ] (JDR) ORDER filed to sever case number from and and to hold briefing for in abeyance pending a ruling on the appellee's motion to remand or dismiss. [ , , ] (LMN) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 08/01/2013; appellee brief due 09/03/2013. [ , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to hold case in abeyance. Certificate of Service: 06/20/2013. [ , ] (HBM) RESPONSE in opposition filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , Response from Attorney Mr. Jonathan D. Rose for Appellee GMAC Mortgage, LLC in , Attorney Mr. Jonathan D. Rose for Appellee GMAC Mortgage LLC in Certificate of Service:07/03/2013. [ , ] (JDR) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , to extend time to file Reply. Certificate of Service: 07/15/2013. [ , ] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , for Clarification and Re-Issuance of Briefing Schedule. Certificate of Service: 07/15/2013. [ , ] (HBM) 07/19/2013 ORDER filed : pending resolution of the Bank's motion and the Borrowers' motion to

42 1/9/ Docket Page 9 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 10 of 13 3 pg, KB hold in abeyance, the briefing schedule in Nos /6249 is VACATED. The Borrowers must file their response to the Bank's motion and may file a reply in support of their motion to hold in abeyance within ten days of the entry of this order. No additional extensions of time will be granted. If the Borrowers obtain additional documents that they believe are relevant after the expiration of the aforementioned ten-day period, they may move for leave to file a supplement to the response or the reply previously filed with the court. [ , , ] (LMN) 07/25/ /08/ /15/ /15/ /28/ /28/ /10/ /23/ /03/ /22/ pg, KB 2 pg, KB 2 pg, KB 20 pg, KB 4 pg, KB 185 pg, 1.12 MB 8 pg, KB 6 pg, KB 6 pg, KB 4 pg, KB RESPONSE filed regarding appellant's motion for clarification of cases to be briefed and for re-issuance of briefing schedule, [ ]; previously filed by Ms. Heather Boone McKeever. Response from Attorney Mr. Jonathan D. Rose for Appellees GMAC Mortgage LLC and GMAC Mortgage, LLC. Certificate of Service:07/25/2013. [ , , ] (JDR) NOTIFICATION filed by Mr. Jonathan D. Rose for GMAC Mortgage, LLC in , Mr. Jonathan D. Rose for GMAC Mortgage LLC in regarding. Certificate of Service: 08/08/2013. [ , ] (JDR) Copy of District Court Document filed RE #187 filed 8/14/2013 Notice of General Order Reassigning Case 08-cv from Judge Coffman to Judge Bunning.. [ , , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to strike brief of Appellees in Regards to the Motion to Remand or Dismiss and all other Filings since November 21, 2013, by BABC law firm on behalf of Rescap/GMAC Bankrupt entities and Deutsche Bank on Behalf of the RALI 2007-QS10 Fund and the Investors of the Fund. Rescap/GMAC, Deutsche Bank on Behalf of the RALI 2007-Qs10 MBS Fund. Certificate of Service: 08/15/2013. [ , , ] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to remand. Certificate of Service: 08/28/2013. [ , , ] (HBM) RESPONSE in opposition filed regarding a motion to strike brief, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:08/28/2013. [ , , ] (CET) RESPONSE in opposition filed regarding a motion to remand case, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:09/10/2013. [ , , ] (CET) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to File Appellant's Reply to Response to Motion to Remand. Certificate of Service: 09/23/2013. [ , , ] (HBM) RESPONSE in opposition filed regarding a motion to extend time to file a reply [ ]; previously filed by Ms. Heather Boone McKeever. Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC and GMAC Mortgage LLC. Certificate of Service:10/03/2013. [ , , ]-- [Edited 10/07/2013 by LMN] (CET) ORDER filed : The Bank s motion for partial dismissal and to remand is GRANTED in PART. These appeals are partially dismissed insofar as they seek review of any order entered in No (E.D. Ky.) and are hereby REMANDED to the district court for further proceedings in No (E.D. Ky.). The Borrowers motions to hold in abeyance, for clarification,

43 1/9/ Docket Page 10 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 11 of 13 10/22/ /30/ /03/ /05/ /09/ /12/ /13/ /18/ /18/ pg, KB 18 pg, KB 21 pg, KB 0 pg, 0 KB 3 pg, KB 15 pg, KB 11 pg, KB 4 pg, KB 0 pg, 0 KB to strike and for injunctive relief, to remand, and for an extension of time to file a reply are DENIED. These three appeals will proceed on the merits with respect to the final orders entered by the district court in cases other than No (E.D. Ky.) that have been appealed by the Borrowers. The clerk will establish a new briefing schedule for the appeals. [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]. Deborah L. Cook, Circuit Judge; Richard Allen Griffin, Circuit Judge and Peter C. Economus, Senior U.S. District Judge for the Northern District of Ohio, sitting by designation. [ , , ] (LMN) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/04/2013; appellees' briefs due 01/06/2014. [ , , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for a request for certification of law to the Kentucky Supreme Court. Certificate of Service: 11/30/ [Edited 12/04/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for certification of law to the New York State Court of Appeals. Certificate of Service: 12/03/2013. [ , , ]--[Edited 12/04/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to file brief. Certificate of Service: 12/05/2013. [ , , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile this motion by selecting "motion", "hold case in abeyance")--[edited 12/05/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to hold case in abeyance. Certificate of Service: 12/05/2013. [ , , ] (HBM) RESPONSE in opposition filed regarding a motion certifying question of law, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:12/12/2013. [ , , ] (CET) RESPONSE filed regarding a motion certifying question of law, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/13/2013. [ , , ] (DJK) RESPONSE in opposition filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:12/18/2013. [ , , ] (CET) RESPONSE filed regarding a motion to extend time to file brief, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/18/2013. (This entry is LOCKED on the docket and Mr. Kellerman is instructed to refile this response by selecting a response to the 12/9/13 motion to hold case in abeyance NOT a response to motion to extend time to file a brief which was incorrectly filed by Ms. McKeever and locked on the docket. [ , , ]--[Edited 12/18/2013 by LMN] (DJK) 12/18/2013 RESPONSE filed regarding a motion to hold case in abeyance, [ ];

44 1/9/ Docket Page 11 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 12 of 13 12/22/ /22/ pg, KB 9 pg, KB 5 pg, KB previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/18/2013. [ , , ] (DJK) REPLY filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , regarding Appellant's Motion for Certification of Law to the New York Court of Appeals. Certificate of Service: 12/22/2013. [ , , ] (HBM) REPLY filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , regarding Appellants' Motion for Certification to the Kentucky Supreme Court in Appeal District Court Certificate of Service: 12/22/2013. [ , ] (HBM)

45 1/9/ Docket Page 12 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit C Pg 13 of 13 Clear All Documents and Docket Summary Documents Only Include Page Numbers Selected Pages: 0 Selected Size: 0 KB Totals reflect accessible documents only and do not include unauthorized restricted documents. View Selected PACER Service Center Transaction Receipt PACER Login: Description: Billable Pages: mf /09/ :04:07 Docket Report (filtered) Client Code: Search Criteria: Cost: 0.90

46 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 1 of 10 Exhibit D

47 1/9/ Docket Page 1 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 2 of 10 General Docket United States Court of Appeals for the Sixth Circuit Court of Appeals Docket #: Docketed: 07/11/2012 Nature of Suit: 3371 Truth in Lending GMAC Mortgage, LLC, et al v. Heather McKeever, et al Appeal From: Eastern District of Kentucky at Lexington Fee Status: fee paid Case Type Information: 1) Civil 2) Private 3) Federal Question Originating Court Information: District: : 5:08-cv Court Reporter: Rhonda S. Sansom Court Reporter: Peggy Weber-Westman Trial Judge: David L. Bunning, U.S. District Judge Date Filed: 11/07/2008 Date Order/Judgment: Date NOA Filed: 06/01/ /30/2012 District: : 5:08-cv Court Reporter: Rhonda S. Sansom Court Reporter: Peggy Weber-Westman Trial Judge: David L. Bunning, U.S. District Judge Date Filed: 11/07/2008 Date Order/Judgment: Date NOA Filed: 06/01/ /30/2012 Prior Cases: Date Filed: 05/14/2010 Date Disposed: 06/03/2010 Disposition: Settlement Current Cases: Lead Member Start End Consolidated /06/ /19/ /19/2013 GMAC MORTGAGE, LLC Plaintiff - Appellee MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Marc James Ayers Direct: [COR NTC Retained] Bradley Arant Boult Cummings Firm: Fifth Avenue, N. One Federal Place Birmingham, AL Christopher E. Thorsen Direct: [COR NTC Retained] Bradley Arant Boult Cummings Firm: Division Street Suite 700 Nashville, TN David J. Kellerman Direct:

48 1/9/ Docket Page 2 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 3 of 10 v. Plaintiff - Appellee [COR NTC Retained] Middleton Reutlinger Firm: S. Fourth Street Suite 2600 Louisville, KY HEATHER BOONE MCKEEVER Defendant - Appellant SHANE M. HAFFEY Defendant - Appellant Heather Boone McKeever Direct: [COR NTC Retained] Law Offices 3250 Delong Road Lexington, KY Heather Boone McKeever Direct: [COR NTC Retained] (see above)

49 1/9/ Docket Page 3 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 4 of 10 GMAC MORTGAGE, LLC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiffs - Appellees v. HEATHER BOONE MCKEEVER; SHANE M. HAFFEY Defendants - Appellants 07/11/ pg, KB Civil Case Docketed. Notice filed by Appellants Shane M. Haffey and Ms. Heather Boone McKeever. Transcript needed: n. (LMN) 07/11/2012 The case manager for this case is: Linda Niesen (LMN) 07/11/ /25/ /25/ /25/ /26/ /27/ /27/ /27/ /27/ /27/ /31/ /31/ /06/ pg, KB 1 pg, 77 KB 2 pg, KB 1 pg, KB 2 pg, KB 1 pg, KB 1 pg, KB 1 pg, KB 1 pg, 60.2 KB 0 pg, 0 KB 3 pg, 83 KB 2 pg, KB 5 pg, KB Copy of District Court Order, RE #165 filed 7/6/12, denying McKeever's Oral Motion (telephone call) to waive the filing fee re her Notice of Appeal. (LMN) APPEARANCE filed for Appellee Mortgage Electronic Registration Systems, Inc. by David J. Kellerman. Certificate of Service: 07/25/2012. (DJK) CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. Certificate of Service: 07/25/2012. (DJK) APPEARANCE filed for Appellee GMAC Mortgage, LLC by Jonathan D. Rose. Certificate of Service: 07/25/2012. (JDR) ORDER filed to dismiss for want of prosecution. The filing fee was not paid in District Court and the case opening forms were not filed in this Court by 7/25/2012. (LMN) APPEARANCE filed for Appellants Shane M. Haffey and Ms. Heather Boone McKeever by Heather McKeever. Certificate of Service: 07/27/2012. (HBM) CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Heather Boone McKeever for Appellants Shane M. Haffey and Ms. Heather Boone McKeever. Certificate of Service:07/27/2012. (HBM) CORPORATE DISCLOSURE STATEMENT filed by Attorney Ms. Heather Boone McKeever for Appellants Shane M. Haffey and Ms. Heather Boone McKeever Certificate of Service: 07/27/2012. (HBM) TRANSCRIPT ORDER FORM filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever; No hearings held in District Court. Certificate of Service: 07/27/2012. (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to reconsider order dated 07/26/2012. Certificate of Service: 07/27/2012. (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile this motion by selecting "motion", "miscellaneous", "reinstate case".)--[edited 07/30/2012 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to reinstate case. Certificate of Service: 07/31/2012. (HBM) ORDER filed GRANTING a motion to reinstate case [ ] filed by Ms. Heather Boone McKeever. (LMN) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 09/18/2012; appellee brief due 10/22/2012. (LMN)

50 1/9/ Docket Page 4 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 5 of 10 08/07/ /08/ /08/ /20/ /20/ /20/ /20/ /29/ /03/ pg, KB 2 pg, KB 4 pg, KB 1 pg, KB 2 pg, KB 14 pg, KB 2 pg, 9.66 KB 117 pg, 9.55 MB 3 pg, KB APPEARANCE filed for Appellee GMAC Mortgage, LLC by Christopher E. Thorsen. Certificate of Service: 08/07/2012. (CET) NOTIFICATION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever regarding Second Notice of GMAC Mortgage LLC's Bankruptcy and the Automatic Stay. Certificate of Service: 08/08/2012. (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to consolidate cases with lead case , to hold case in abeyance, to stay pursuant to bankruptcy proceeding. Certificate of Service: 08/08/2012. (HBM) APPEARANCE filed for Appellee GMAC Mortgage, LLC by Marc James Ayers. Certificate of Service: 08/20/2012. (MJA) CORPORATE DISCLOSURE STATEMENT filed by Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC Certificate of Service: 08/20/2012. (CET) RESPONSE filed regarding a motion to consolidate, [ ]; previously filed by Ms. Heather Boone McKeever in ,regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in ,regarding a motion for stay pursuant bankruptcy proceeding, [ ]; previously filed by Ms. Heather Boone McKeever in , regarding a document, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC Certificate of Service:08/20/2012. (CET) RESPONSE in opposition filed regarding a motion to consolidate, [ ]; previously filed by Ms. Heather Boone McKeever in ,regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in ,regarding a motion for stay pursuant bankruptcy proceeding, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. Certificate of Service:08/20/2012. (DJK) REPLY filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever regarding Appellees GMAC/Deutsche and MERS Response to Appellants' Motion to Consolidate. Certificate of Service: 08/29/2012. (HBM) ORDER filed GRANTING motion to consolidate with and , [ ]; GRANTING motion to hold case in abeyance [ ] with and To the extent that appellants seek to keep this appeal, , in abeyance pending the bankruptcy proceedings relating to GMAC Mortgage LLC, [ ], the motion is DENIED. The appellants are directed to file a consolidated status report for all three appeals every 60 days, with the first status report due 12/04/2012. [ , , ] (LMN) 10/03/2012 RULING to hold case in abeyance. [ , , ] (LMN) 12/05/ pg, KB STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. The hearing in relation to the Appellants Motion as to whether all cases included in this consolidated appeal (including District Court case 11-cv-188,) have been under a Bankruptcy Stay Injunction since May 14, 2012, pursuant to In Re Residential Capital, LLC, Case No (MG,) USBC Southern District of New York; in which Appellees, GMAC Mortgage LLC, Rescap LLC and RALI are the debtors; has been rescheduled by Hon. Martin Glenn from November 13, 2012, to January 29, Additionally, Proof of Claims have been filed in the Rescap/GMAC bankruptcy in relation to each and every consolidated case currently before this tribunal. Certificate of Service: 12/05/2012. Next status report due 02/04/2013. (Note: The Notice of Docket Activity is being regenerated to correct the date of the next status report.) [ , , ]--[Edited 12/05/2012 by LMN] (HBM)

51 1/9/ Docket Page 5 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 6 of 10 12/10/ /11/ /09/ /11/ /12/ /12/ /03/ /04/ /07/ /11/ pg, KB 1 pg, KB 2 pg, KB 4 pg, KB 1 pg, KB 2 pg, KB 2 pg, KB 3 pg, KB 0 pg, 0 KB 13 pg, KB MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to file status Report. Certificate of Service: 12/10/2012. [ , , ] (HBM) LETTER SENT GRANTING a motion to file a status report out of time, [ ] filed by Ms. Heather Boone McKeever. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. Proof of Claims have been filed in the Rescap/GMAC bankruptcy in relation to the consolidated cases. No objection has been made to the Proof of Claims. The hearing relating to Appellants Motion to Enforce the Bankruptcy Stay as to the cases included in these consolidated appeals; was adjourned by the Bankruptcy Court on January 29, 2013, and re-set for a hearing and oral argument on April 11, Certificate of Service: 02/09/2013. Next Status Report due April 12, [ , , ] (Note: the "Notice of Docket Activity" is being regenerated to correct the due date of the next status report.)--[edited 02/12/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time and to File Status Report Out of Time. Certificate of Service: 02/11/2013. [ , , ] (HBM) LETTER SENT granting motion to extend time by five (5) days to file a status report [ ] filed by Ms. Heather Boone McKeever. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever. On April 8, 2013, at the request of Res Cap/GMAC Mortgage bankruptcy counsel, Morrison Foerster, the April 11, 2013, scheduled hearing relating to Appellants Motion to Enforce the Bankruptcy Stay as to the cases included in this consolidated appeal was adjourned by Order of the Bankruptcy Court. The Court has re-set oral argument for 10:00 a.m. on April 30, 2013, in the State of New York. The parties, by and through the GMAC bankruptcy, have not ruled out a settlement of the matter and/or a Universal Settlement of the consolidated cases pending before this Court. Certificate of Service: 04/12/2013. Next status report due 06/11/2013 [ , , ] (Note: the "Notice of Docket Activity" is being regenerated to show the correct due date of the next status report: 6/11/2013.)--[Edited 04/15/2013 by LMN] (HBM) ORDER filed : these appeals are removed from abeyance status. A briefing schedule shall separately issue. [ , , ] (LMN) STATUS REPORT filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , Certificate of Service: 06/04/2013. Next status report due 07/05/2013 [ , , ] (HBM) MOTION filed by Mr. Christopher E. Thorsen for GMAC Mortgage, LLC in , for To Remand or Dismiss as to Case No. 5:09-cv Certificate of Service: 06/07/2013. [ , , ] (This entry is LOCKED on the docket and Mr. Rose is instructed to file this motion using his own registration as he has signed the motion and not Mr. Thorsen. Also, the motion should be refiled by selecting "motion", "Dispositive", "remand case", "dismiss case - jurisdiction.")-- [Edited 06/11/2013 by LMN] (CET) MOTION filed by Mr. Jonathan D. Rose for GMAC Mortgage, LLC in to remand, to dismiss case for lack of jurisdiction. Certificate of Service: 06/11/2013. [ , , ] (JDR) 06/19/2013 ORDER filed to sever case number from and and to hold briefing for in abeyance pending a ruling on the appellee's motion to remand

52 1/9/ Docket Page 6 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 7 of 10 06/19/ /20/ pg, KB or dismiss. [ , , ] (LMN) 2 pg, KB 4 pg, KB LETTER SENT to hold briefing in abeyance pending a ruling on the appellee's motion to remand or dismiss. (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to hold case in abeyance. Certificate of Service: 06/20/2013. (HBM) 06/21/2013 RULING to hold briefing in abeyance pending ruling on motion to remand/dismiss. (LMN) 07/03/ /15/ /15/ /19/ /25/ /25/ /08/ /15/ /15/ /28/ pg, KB 2 pg, KB 4 pg, KB 3 pg, KB 4 pg, KB 4 pg, KB 2 pg, KB 2 pg, KB 20 pg, KB 4 pg, KB RESPONSE in opposition filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. Jonathan D. Rose for Appellee GMAC Mortgage, LLC Certificate of Service:07/03/2013. (JDR) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever to extend time to File Reply. Certificate of Service: 07/15/2013. (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for Clarification and Re-Issuance of Briefing Schedule. Certificate of Service: 07/15/2013. (HBM) ORDER filed : pending resolution of the Bank's motion and the Borrowers' motion to hold in abeyance, the briefing schedule in Nos /6249 is VACATED. The Borrowers must file their response to the Bank's motion and may file a reply in support of their motion to hold in abeyance within ten days of the entry of this order. No additional extensions of time will be granted. If the Borrowers obtain additional documents that they believe are relevant after the expiration of the aforementioned ten-day period, they may move for leave to file a supplement to the response or the reply previously filed with the court. [ , , ] (LMN) RESPONSE filed regarding appellant's motion for clarification of cases to be briefed and for re-issuance of briefing schedule, [ ]; previously filed by Ms. Heather Boone McKeever. Response from Attorney Mr. Jonathan D. Rose for Appellees GMAC Mortgage LLC and GMAC Mortgage, LLC. Certificate of Service:07/25/2013. [ , , ] (JDR) RESPONSE filed regarding a motion for miscellaneous relief, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. Jonathan D. Rose for Appellee GMAC Mortgage, LLC Certificate of Service:07/25/2013. (JDR) NOTIFICATION filed by Mr. Jonathan D. Rose for GMAC Mortgage, LLC regarding Withdrawal of Jonathan D. Rose as counsel. Certificate of Service: 08/08/2013. (JDR) Copy of District Court Document filed RE #187 filed 8/14/2013 Notice of General Order Reassigning Case 08-cv from Judge Coffman to Judge Bunning.. [ , , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to strike brief of Appellees in Regards to the Motion to Remand or Dismiss and all other Filings since November 21, 2013, by BABC law firm on behalf of Rescap/GMAC Bankrupt entities and Deutsche Bank on Behalf of the RALI 2007-QS10 Fund and the Investors of the Fund. Rescap/GMAC, Deutsche Bank on Behalf of the RALI 2007-Qs10 MBS Fund. Certificate of Service: 08/15/2013. [ , , ] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to remand. Certificate of Service: 08/28/2013. [ , , ] (HBM)

53 1/9/ Docket Page 7 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 8 of 10 08/28/ /10/ /23/ /03/ /22/ /22/ /30/ /03/ /05/ /09/ pg, 1.12 MB 8 pg, KB 6 pg, KB 6 pg, KB 4 pg, KB 5 pg, KB 18 pg, KB 21 pg, KB 0 pg, 0 KB 3 pg, KB RESPONSE in opposition filed regarding a motion to strike brief, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:08/28/2013. [ , , ] (CET) RESPONSE in opposition filed regarding a motion to remand case, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:09/10/2013. [ , , ] (CET) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to File Appellant's Reply to Response to Motion to Remand. Certificate of Service: 09/23/2013. [ , , ] (HBM) RESPONSE in opposition filed regarding a motion to extend time to file a reply [ ]; previously filed by Ms. Heather Boone McKeever. Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC and GMAC Mortgage LLC. Certificate of Service:10/03/2013. [ , , ]-- [Edited 10/07/2013 by LMN] (CET) ORDER filed : The Bank s motion for partial dismissal and to remand is GRANTED in PART. These appeals are partially dismissed insofar as they seek review of any order entered in No (E.D. Ky.) and are hereby REMANDED to the district court for further proceedings in No (E.D. Ky.). The Borrowers motions to hold in abeyance, for clarification, to strike and for injunctive relief, to remand, and for an extension of time to file a reply are DENIED. These three appeals will proceed on the merits with respect to the final orders entered by the district court in cases other than No (E.D. Ky.) that have been appealed by the Borrowers. The clerk will establish a new briefing schedule for the appeals. [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]. Deborah L. Cook, Circuit Judge; Richard Allen Griffin, Circuit Judge and Peter C. Economus, Senior U.S. District Judge for the Northern District of Ohio, sitting by designation. [ , , ] (LMN) BRIEFING LETTER SENT setting briefing schedule: appellant brief due 12/04/2013; appellees' briefs due 01/06/2014. [ , , ] (LMN) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for a request for certification of law to the Kentucky Supreme Court. Certificate of Service: 11/30/ [Edited 12/04/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever for certification of law to the New York State Court of Appeals. Certificate of Service: 12/03/2013. [ , , ]--[Edited 12/04/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to extend time to file brief. Certificate of Service: 12/05/2013. [ , , ] (This entry is LOCKED on the docket and Ms. McKeever is instructed to refile this motion by selecting "motion", "hold case in abeyance")--[edited 12/05/2013 by LMN] (HBM) MOTION filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , to hold case in abeyance. Certificate of Service: 12/05/2013. [ , , ] (HBM) 12/12/2013 RESPONSE in opposition filed regarding a motion certifying question of law,

54 1/9/ Docket Page 8 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 9 of pg, KB [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:12/12/2013. [ , , ] (CET) 12/13/ /18/ /18/ /18/ /22/ pg, KB 4 pg, KB 0 pg, 0 KB 7 pg, KB 9 pg, KB RESPONSE filed regarding a motion certifying question of law, [ ]; previously filed by Ms. Heather Boone McKeever in Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/13/2013. [ , , ] (DJK) RESPONSE in opposition filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage, LLC in , Attorney Mr. Christopher E. Thorsen for Appellee GMAC Mortgage LLC in , Certificate of Service:12/18/2013. [ , , ] (CET) RESPONSE filed regarding a motion to extend time to file brief, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/18/2013. (This entry is LOCKED on the docket and Mr. Kellerman is instructed to refile this response by selecting a response to the 12/9/13 motion to hold case in abeyance NOT a response to motion to extend time to file a brief which was incorrectly filed by Ms. McKeever and locked on the docket. [ , , ]--[Edited 12/18/2013 by LMN] (DJK) RESPONSE filed regarding a motion to hold case in abeyance, [ ]; previously filed by Ms. Heather Boone McKeever in , , Response from Attorney Mr. David J. Kellerman for Appellee Mortgage Electronic Registration Systems, Inc. in Certificate of Service:12/18/2013. [ , , ] (DJK) REPLY filed by Ms. Heather Boone McKeever for Shane M. Haffey and Ms. Heather Boone McKeever in , , regarding Appellant's Motion for Certification of Law to the New York Court of Appeals. Certificate of Service: 12/22/2013. [ , , ] (HBM)

55 1/9/ Docket Page 9 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit D Pg 10 of 10 Clear All Documents and Docket Summary Documents Only Include Page Numbers Selected Pages: 0 Selected Size: 0 KB Totals reflect accessible documents only and do not include unauthorized restricted documents. View Selected PACER Service Center Transaction Receipt PACER Login: Description: Billable Pages: mf /09/ :09:19 Docket Report (filtered) Client Code: Search Criteria: Cost: 0.70

56 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 1 of 12 Exhibit E

57 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 1 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 2 of 12 Doc. No :09-cv DLB Deutsche Bank Trust Company Americas v. Haffey et al David L. Bunning, presiding Date filed: 11/12/2009 Date terminated: 06/01/2012 Date of last filing: 01/24/2014 Dates History Filed: 11/12/2009 Complaint Entered: 11/13/2009 Description Docket Text: COMPLAINT ( Filing fee $350; receipt number ), filed by Deutsche Bank Trust Company Americas. (Attachments: # (1) Exhibit A - Note, # (2) Exhibit B - Mortgage, # (3) Exhibit C - Assignment of Mortgage, # (4) Exhibit D - Preliminary Judicial Report, # (5) Civil Cover Sheet, # (6) Case Assignment)(RJD) Filed: 11/12/2009 Disclosure Statement pursuant to FRCP 7.1 Entered: 11/13/2009 Docket Text: FRCP 7.1 DISCLOSURE STATEMENT by Deutsche Bank Trust Company Americas identifying Corporate Parent Deutsche Bank AG, Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent Deutsche Bank Holdings, Inc., Corporate Parent Taunus Corporation for Deutsche Bank Trust Company Americas. (RJD) Filed & Entered: 11/13/2009 Conflict Check Docket Text: Conflict Check run. (RJD) Filed & Entered: 11/13/2009 Notice of Deficiency Docket Text: NOTICE OF DEFICIENCY TO Mackenzie Walter re [1] Complaint; attorney notified clerk the summons should be returned via pick up; however, a prepared summons was not attached to the electronic filing of the complaint in the fictitious miscellaneous case number A summons may be issued by presenting the prepared summons to the Clerk for issuance on paper or by electronically filing pleading entitled Notice of Filing with the prepared summons as an attachment within 3 business days. cc: COR (RJD) Filed & Entered: 11/16/2009 Summons Issued Docket Text: Summons Issued as to Heather McKeever Haffey, Shane M. Haffey, State Farm Bank, F.S.B., Gentry Mechanical Systems, Inc.; issued summons returned to counsel via picked up at the Lexington Clerk's Office (RJD) Filed & Entered: 11/16/2009 Order Reassigning Case Docket Text: ORDER - this action is REASSIGNED to Judge Jennifer B Coffman for all further proceedings. Signed by Judge Karen K. Caldwell on 11/16/2009.(RJD)cc: COR Filed & Entered: 12/01/2009 Certified Mail Receipt Docket Text: CERTIFIED MAIL RECEIPT re [3] Summons Issued: Summons received by Secretary of State on 11/30/2009. (SCD) Filed & Entered: 12/10/2009 Summons Returned Unexecuted Docket Text: INCORRECTLY FILED Summons Returned Unexecuted by Deutsche Bank Trust Company Americas as to Gentry Mechanical Systems, Inc.. (Walter, Mackenzie) Modified see

58 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 2 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 3 of DE [10] for the CORRECT ENTRY on 12/10/2009 (SCD). Filed & Entered: 12/10/2009 Summons Returned Executed Docket Text: SUMMONS Returned Executed by Deutsche Bank Trust Company Americas via Constable to Shane M. Haffey served on 12/9/2009, answer due 12/30/2009. (Walter, Mackenzie) Filed & Entered: 12/10/2009 Summons Returned Executed Docket Text: SUMMONS Returned Executed by Deutsche Bank Trust Company Americas via Constable to Heather McKeever Haffey served on 12/9/2009, answer due 12/30/2009. (Walter, Mackenzie) Filed & Entered: 12/10/2009 Motion for Extension of Time to File Answer Terminated: 01/29/2010 Docket Text: AGREED MOTION for Extension of Time to File Answer re [1] Complaint, by Heather McKeever Haffey, Shane M. Haffey (Pro Se). (SCD) Filed & Entered: 12/10/2009 Summons Returned Unexecuted Docket Text: Summons Returned Unexecuted by Deutsche Bank Trust Company Americas as to Gentry Mechanical Systems, Inc.. (Walter, Mackenzie) Filed & Entered: 12/10/2009 Summons Issued Docket Text: Summons Issued as to Gentry Mechanical Systems, Inc.; issued summons returned to counsel via pick-up at divisional office (SCD) Filed & Entered: 12/11/2009 Clerk's Note Docket Text: Clerk's Note re [6] Summons Returned Unexecuted: Attorney filed the incomplete summons returned unexecuted as the second page was not completed. Clerk contacted counsel to explain that before new summons could be issued, a completed summons returned unexecuted must be filed. Attorney re-filed the correct summons DE [10] an Clerk marked DE [6] as incorrectly filed. Clerk then issued the new summons that were presented at the Clerk's office. (SCD) Filed: 12/17/2009 Summons Returned Executed Entered: 12/18/2009 Docket Text: SUMMONS Returned Executed by Deutsche Bank Trust Company Americas via Secretary of State to State Farm Bank, F.S.B. served on 12/7/2009, answer due 12/28/2009. (SCD) Filed & Entered: 12/18/2009 Motion Submitted Docket Text: ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: re [12] MOTION for Order by Heather McKeever Haffey, Shane M. Haffey (SCD) Filed & Entered: 12/18/2009 Motion for Order Terminated: 01/20/2010 Docket Text: MOTION for Order to Transfer by Heather McKeever Haffey, Shane M. Haffey (Pro Se). (SCD) Filed & Entered: 01/06/2010 Summons Returned Executed Docket Text: SUMMONS Returned Executed by Deutsche Bank Trust Company Americas via Jessamine Co. Constable to Gentry Mechanical Systems, Inc. served on 1/4/2010, answer due 1/25/2010. (Walter, Mackenzie) Filed: 01/20/2010 Order on Motion for Order Entered: 01/21/2010

59 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 3 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 4 of Docket Text: ORDER: The [12] Motion to Transfer this matter to Chief Judge Jennifer Coffman is DENIED AS MOOT, per the 11/16/2009 [4] Order reassigning the case to Judge Coffman for all further proceedings. Signed by Judge Jennifer B Coffman on January 20, (AWD) cc: COR Filed & Entered: 01/25/2010 Motion Submitted Docket Text: ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: re [9] MOTION for Extension of Time to File Answer re [1] Complaint, by Heather McKeever Haffey, Shane M. Haffey (RJD) Filed & Entered: 01/29/2010 Order Docket Text: ORDER: dfts [9] agreed motion for extension of time to file response to pla's [1] Complaint is GRANTED & dfts have until 2/10/2010 to file such response. Signed by Judge Jennifer B Coffman on 01/28/2010.(RJD)cc: COR,DFTS Filed & Entered: 02/09/2010 Answer to Complaint Docket Text: VERIFIED ANSWER to [1] Complaint, with JURY DEMAND, THIRD PARTY COMPLAINT against GMAC Mortgtgage, LLC, Residential Accredit Loans, Inc., Residential Funding Company, LLC, The Bank of the Bluegrass and Trust Co., Bill Allen, Mark Herron, Jennifer Frye, Mortgage Electronic Registration Systems, Inc., Merscorp, COUNTERCLAIM against Deutsche Bank Trust Company Americas by Heather McKeever Haffey (Pro Se).(RJD) Modified text to add Pro Se to filer on 2/9/2010 (RJD). Filed & Entered: 02/09/2010 Motion to Consolidate Cases Terminated: 02/11/2010 Docket Text: MOTION to Consolidate Cases by Heather McKeever Haffey (Pro Se), Shane M. Haffey (Pro Se) (RJD) Filed & Entered: 02/09/2010 Motion to Dismiss Terminated: 06/18/2010 Docket Text: MOTION to Dismiss by Shane M. Haffey (Pro Se) (Attachments: # (1) Memorandum in Support)(RJD) Filed: 02/11/2010 Order on Motion to Consolidate Cases Entered: 02/16/2010 Docket Text: ORDER: A telephonic status conference was held on February 11, 2010 before Judge Jennifer B Coffman. Heather McKeever (Haffey) participated on her own behalf. Shane M. Haffey participated on his own behalf. Robert Zimmerman participated on behalf of GMAC Mortgage, LLC, Deutsche Bank Trust Company Americas, Residential Accredit Loans, Inc. and Residential Funding Company, LLC. David Kellerman participated on behalf of MERS. Matthew Breetz participated on behalf of Bill Allen, Mark Herron, Jennifer Frye and Bank of the Bluegrass and Trust Co. The court ORDERS as follows: (1) By participating in this telephonic status conference, David Kellerman has made a formal entry of appearance on behalf of MERS. Laura B. Grubbs is withdrawn as counsel of record for MERS. (2) Defendants' Motion to Consolidate (R. 18, 5:09-CV-362) filed by McKeever and Haffey is GRANTED and the matter of Deutsche Bank Trust Company Americas v. Haffey et al is consolidated with the lead action 5:08-CV-456-JBC for all purposes including discovery, pretrial, settlement and trial. (3) The 33 Motion to Seal filed by McKeever and Haffey is DENIED. Parties may substitute a copy of the original document with their account number redacted. McKeever and Haffey may prepare a Notice of Filing and attach their redacted "Exhibit A" for inclusion in the public record with their 33 Motion to Seal. If Clerk's Office receives such a pleading, they shall scan and attach to 33. However, if no such pleading is received by 2/22/2010, Clerk is directed to scan in original. (4)

60 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 4 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 5 of Motion to Dismiss (R. 12, 5:08-CV-456) filed by MERS is REINSTATED as an active motion in this case. NLT 2/22/2010 McKeever and Haffey shall file a supplemental response to the motion. Within 5 days, MERS shall file a supplemental reply. If no supplemental response filed, motion stands submitted. Supplemental response/reply shall be filed in 5:08-CV-456. (5) The Motion for Summary Judgment (R. 17, 5:08-CV-459) filed by GMAC Mortgage, LLC is REINSTATED as an active motion, is fully briefed and stands submitted for a decision. (6) The Motion for Judgment on the Pleadings or alternatively a Verified Motion for Summary Judgment (R. 22, 5:08-CV-459) filed by McKeever and Haffey is REINSTATED as an active motion, is fully briefed and stands submitted. (7) The Motion for Summary Judgment (R. 20, 5:08-CV-510) filed by MERS is REINSTATED as an active motion. Response and reply deadlines shall run in accordance with Local Rule and shall be filed in 5:08-CV-510. (8) The Motion to Dismiss (R.7, 5:09-CV-255) filed by Bill Allen, Mark Herron, Jennifer Frye and Bank of the Bluegrass and Trust Company is REINSTATED as an active motion. Response/reply deadlines shall run in accordance with Local Rule and shall be filed in 5:09-CV-255. (9) Any response/reply to any other current pending motion in these consolidated cases shall be filed in the individual cases in which the motion was originally filed. (10) All new motions and filings not related to current pending or reinstated motions shall be made in the lead action 5:08-CV-456-JBC. These cases are consolidated for all purposes including discovery, pretrial, settlement and trial. Signed by Judge Jennifer B. Coffman on February 12, (Court Reporter PEGGY WEBER) (AWD) cc: COR Filed & Entered: 03/01/2010 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [19] MOTION to Dismiss by Shane M. Haffey filed by Deutsche Bank Trust Company Americas. (Zimmerman, Robert) Filed: 03/15/2010 Motion for Preliminary Injunction Entered: 03/16/2010 Terminated: 03/15/2010 Docket Text: MOTION for Temporary Injunction by Heather McKeever Haffey, Pro Se. (Attachments: # (1) Exhibit A - USDC/SDCA Order granting preliminary injunction)clerk also filed this pleading in the Lead case #5:08-cv-456-JBC(RJD) Filed & Entered: 03/17/2010 Clerk's Note Docket Text: Clerk's Note: re [22] MOTION for Preliminary Injunction by Heather McKeever Haffey. Clerk spoke to pro se filer & advised her any future filings are to be filed in Lead case # 5:08-cv-456-JBC with the related case # 5:09-cv-362-JBC to be included on the pleading. (RJD) Filed & Entered: 05/03/2010 Disclosure Statement pursuant to FRCP 7.1 Docket Text: FRCP 7.1 DISCLOSURE STATEMENT by Mortgage Electronic Registration Systems, Inc. identifying Corporate Parent MERSCORP, Inc. for Mortgage Electronic Registration Systems, Inc... (Kellerman, David) Filed & Entered: 05/03/2010 Disclosure Statement pursuant to FRCP 7.1 Docket Text: FRCP 7.1 DISCLOSURE STATEMENT by Merscorp identifying Other Affiliate Freddie Mac, Other Affiliate Fannie Mae for Merscorp.. (Kellerman, David) Filed & Entered: 05/03/2010 Motion for Extension of Time to File Terminated: 05/03/2010 Docket Text: MOTION for Extension of Time to File by Merscorp, Mortgage Electronic Registration Systems, Inc., MOTION for Extension of Time to File Answer by Merscorp, Mortgage Electronic Registration Systems, Inc. (Attachments: # (1) Proposed Order)(Kellerman, David) Filed & Entered: 06/18/2010 Memorandum Opinion & Order

61 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 5 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 6 of Docket Text: AMENDED MEMORANDUM OPINION & ORDER: GRANTING IN PART & DENYING IN PART (08-cv-459) McKeever's 55 MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Dismiss by Deutsche Bank Trust Company Americas, GMAC Mortgage, LLC, Residential Accredit Loans, Inc., Residential Funding Company, LLC, 53 MOTION to Dismiss Third Party Complaint; it is DENIED with respect to DE 33 Motion to Dismiss & GRANTING with respect to DE 53 Motion to Dismiss Third Party Complaint; response & reply times for 53 motion to dismiss by Bank of the Bluegrass are governed by a prior order at DE 66. Signed by Judge Jennifer B Coffman on 6/18/10.(KJR)cc: COR Modified to remove from text the reference to DE 19 on 6/18/2010 (KJR). Filed & Entered: 06/18/2010 Memorandum Opinion & Order Docket Text: MEMORANDUM OPINION & ORDER: DENYING Haffey's [19] Motion to Dismiss. Signed by Judge Jennifer B Coffman on 6/18/10.(KJR)cc: COR Filed: 06/22/2010 Memorandum Opinion & Order Entered: 06/25/2010 Docket Text: Copy of MEMORANDUM OPINION & ORDER: IT IS ORDERED that the 33 MOTION to Dismiss (5:08-CV-459) by Deutsche, GMAC, RALI and RFC is GRANTED. IT IS FURTHER ORDERED that a copy of these motions, any responses or replies and this order shall be filed in the individual case, Lexington 09-CV-362. Signed by Judge Jennifer B Coffman on June 22, (AWD) cc: COR Filed: 06/22/2010 Motion to Dismiss Entered: 06/25/2010 Terminated: 06/22/2010 Docket Text: Copy of MOTION to Dismiss Dft McKeever's Counterclaim and Third-Party Complaint with Memorandum in Support by Deutsche Bank Trust Company Americas, GMAC Mortgtgage, LLC, Residential Accredit Loans, Inc. and Residential Funding Company, LLC. (AWD) (Filed pursuant to [28] Memorandum Opinion and Order.) Filed: 06/22/2010 Motion for Extension of Time to File Entered: 06/25/2010 Response/Reply Terminated: 06/22/2010 Docket Text: Copy of MOTION for Extension of Time to File Response to [29] MOTION to Dismiss Counterclaim and Third Party Complaint by Heather McKeever Haffey. (AWD) (Filed pursuant to [28] Memorandum Opinion and Order.) Filed: 06/22/2010 Response in Opposition to Motion Entered: 06/25/2010 Docket Text: Copy of RESPONSE in Opposition to [30] MOTION for Extension of Time to File Response to [29] MOTION to Dismiss Counterclaim filed by Deutsche Bank Trust Company Americas. (AWD) (Filed pursuant to [28] Memorandum Opinion and Order.) Filed: 06/22/2010 Memorandum Opinion & Order Entered: 06/25/2010 Docket Text: Copy of MEMORANDUM OPINION & ORDER: The [30] MOTION for Extension of Time to File Response to [29] MOTION to Dismiss is DENIED. Signed by Judge Jennifer B Coffman on June 18, (AWD) cc: COR (Filed pursuant to [28] Memorandum Opinion and Order.) Filed: 06/22/2010 Memorandum Opinion & Order Entered: 06/25/2010 Docket Text: Copy of AMENDED MEMORANDUM OPINION & ORDER: The [30] MOTION

62 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 6 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 7 of for Extension of Time to File Response to [29] MOTION to Dismiss is DENIED. Signed by Judge Jennifer B Coffman on June 18, (AWD) cc: COR (Filed pursuant to [28] Memorandum Opinion and Order.) Filed: 07/07/2010 Answer to Complaint Entered: 07/08/2010 Docket Text: VERIFIED ANSWER to [1] Complaint, with Jury Demand by Shane M. Haffey (Pro Se). (filed pursuant to Chambers). (KJR) Filed: 08/30/2010 Memorandum Opinion & Order Entered: 08/31/2010 Docket Text: MEMORANDUM OPINION & ORDER: DENYING Heather McKeever Haffey's (34) MOTION for Temporary Injunction (filed in ); DENYING Deutsche Bank Trust Company Americas and GMAC Mortgage's (36) REQUEST for Oral Argument regarding (34) MOTION for Temporary Injunction (filed in ); that this order also be docketed in 08-cv Signed by Judge Jennifer B Coffman on 8/30/10.(KJR)cc: COR Filed & Entered: 08/31/2010 Motion to Dismiss Terminated: 08/31/2010 Docket Text: MOTION to Dismiss by Bill Allen, Jennifer Frye, Mark Herron, The Bank of the Bluegrass and Trust Co. (file pursuant to Court's Order of 8/31/10). (Attachments: # (1) Memorandum in Support)(KJR) Filed & Entered: 08/31/2010 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [36] MOTION to Dismiss by Bill Allen, Jennifer Frye, Mark Herron, The Bank of the Bluegrass and Trust Co. filed by Deutsche Bank Trust Company Americas; (file pursuant to court's Order of 8/31/10). (KJR) Filed & Entered: 08/31/2010 Reply to Response to Motion Docket Text: REPLY to Response to Motion re [36] MOTION to Dismiss by Bill Allen, Jennifer Frye, Mark Herron, The Bank of the Bluegrass and Trust Co. filed by Bill Allen, Jennifer Frye, Mark Herron, The Bank of the Bluegrass and Trust Co; (file pursuant to court's Order of 8/31/10). (KJR) Filed & Entered: 08/31/2010 Memorandum Opinion & Order Docket Text: MEMORANDUM OPINION & ORDER: GRANTING Bill Allen, Jennifer Frye, Mark Herron, The Bank of the Bluegrass and Trust Co's [36] MOTION to Dismiss Third Party Complaint; the Third-Party claims are DISMISSED; that this order & the underlying motion & briefs shall be docketed in 09-cv-362. Signed by Judge Jennifer B Coffman on 8/31/10.(KJR)cc: COR Filed & Entered: 01/14/2011 Motion to Dismiss Terminated: 08/11/2011 Docket Text: MOTION to Dismiss by Mortgage Electronic Registration Systems, Inc., Merscorp (Attachments: # (1) Memorandum in Support, # (2) Proposed Order)(Kellerman, David) Modified to add Merscorp as filer on 1/18/2011 (RJD). Filed & Entered: 01/18/2011 Notice of Docket Modification Docket Text: NOTICE OF DOCKET MODIFICATION TO David Kellerman re [40] MOTION to Dismiss by Mortgage Electronic Registration Systems, Inc.; Error: the correct filers were not selected; Clerk added the third-party defendant, Merscorp as a filer to the document. In the future, hold the ctrl key on the keyboard and click on each party filing the pleading. No further action required by counsel. cc: COR (RJD)

63 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 7 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 8 of Filed & Entered: 02/16/2011 Motion Submitted Docket Text: ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: re [40] MOTION to Dismiss by Mortgage Electronic Registration Systems, Inc., Merscrop (RJD) Filed & Entered: 02/22/2011 Notice Docket Text: NOTICE by Mortgage Electronic Registration Systems, Inc. not to file a reply to Third Party Plaintiff, Heather McKeever's response to their motion to dismiss (Kellerman, David) Filed & Entered: 02/23/2011 File Submitted Docket Text: ***FILE SUBMITTED TO CHAMBERS of Judge Coffman for review: [41] Notice (RJD) Filed: 08/11/2011 Order Entered: 08/12/2011 Docket Text: ORDER: Clerk is directed to file the memorandum opinion & order (DE [107], 5:08-cv-459) in related action 5:09-cv-362 & term [40] MOTION to Dismiss. Signed by Judge Jennifer B Coffman on 08/11/2011.(RJD)cc: COR Filed: 08/11/2011 Memorandum Opinion & Order Entered: 08/12/2011 Docket Text: MEMORANDUM OPINION & ORDER: GRANTING 3rd party dft MERS & MERSCorp by Mortgage Electronic Registration Systems, Inc.'s [40] MOTION to Dismiss. Signed by Judge Jennifer B Coffman on 08/11/2011. Filed pursuant to order at DE [42].(RJD)cc: COR Filed & Entered: 08/12/2011 Clerk's Note Docket Text: Clerk's Note: re [42] Order, [43] Memorandum Opinion & Order mailed to pro se dfts Heather McKeever Haffey & Shane M. Haffey. (RJD) Filed & Entered: 01/23/2012 Order Docket Text: ORDER: Granting Deutsche Bank's motion for summary judgment; granted for both consolidated actions, Lexington & Signed by Judge Jennifer B Coffman on 1/23/12.(KJR)cc: COR Filed: 06/01/2012 Judgment Entered: 06/04/2012 Docket Text: JUDGMENT: The court, having granted pltf Deutsche Bank's motion for summary judgment, enters JUDGMENT in accordance w/that order; There being no just cause for delay, this order is FINAL & APPEALABLE; This matter is STRICKEN from the court's active docket. Signed by Judge Jennifer B Coffman on 06/01/2012.(RJD)cc: COR(via US Mail to Heather McKeever Haffey) Filed & Entered: 06/11/2012 Mail Returned Docket Text: Mail Returned as Undeliverable. Mail sent to Heather McKeever Haffey re [45] Judgment; Forward time exp, return to send noted on envelope. Clerk forwarded the Judgment to PO Box 1181, Isle of Palms, SC as noted on envelope. (RJD) Filed & Entered: 06/28/2012 Motion for Judgment Terminated: 09/27/2012 Docket Text: MOTION for Judgment by Deutsche Bank Trust Company Americas, MOTION for Order of Sale by Deutsche Bank Trust Company Americas, MOTION for Attorney Fees by Deutsche Bank Trust Company Americas (Attachments: # (1) Exhibit A - Declaration of

64 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 8 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 9 of Christopher E. Thorsen, # (2) Exhibit B - Declaration of David Fornshell, # (3) Exhibit C - Declaration of James H. Frazier, III, # (4) Memorandum in Support of Motion for Judgment, Order of Sale, Appointment of Master, Attorneys Fees, # (5) Proposed Order Proposed Judgment, Order of Sale, Appointment of Master, and Attorneys Fees)(Thorsen, Christopher) Filed & Entered: 07/24/2012 Motion Submitted Docket Text: ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: re [47] MOTION for Judgment by Deutsche Bank Trust Company Americas MOTION for Order of Sale by Deutsche Bank Trust Company Americas MOTION for Attorney Fees by Deutsche Bank Trust Company Americas (SCD) Filed & Entered: 09/27/2012 Order Docket Text: ORDER: DENYING WITHOUT PREJUDICE McKeever & Haffey's DE 166 (08- cv-459) Motion for Extension of Time to File Response/Reply & DENYING WITHOUT PREJUDICE McKeever & Haffey's DE 173 (08-cv-459) Motion for Extension of Time to File Response in relation to notice of stay; DENYING WITHOUT PREJUDICE Deutsche Bank Trust Company Americas' [47] Motion for judgment, order of sale, appointment of master & attorneys' fees. Signed by Judge Jennifer B Coffman on 9/27/12.(KJR)cc: COR, Haffey (US Mail) Filed & Entered: 08/14/2013 Notice of General Order Reassigning Case Docket Text: NOTICE OF GENERAL ORDER REASSIGNING CASE: Judge Jennifer B Coffman is no longer assigned to case. Case reassigned to Judge David L. Bunning for all further proceedings pursuant to General Order No (Attachments: # (1) Case Assignment)(SCD) Filed & Entered: 11/06/2013 Motion for Judgment Docket Text: MOTION for Final Judgment, MOTION for Order of Sale, MOTION for Appointment of Master, and MOTION for Attorneys' Fees by Deutsche Bank Trust Company Americas. Motion for Final Judgment, Order of Sale, Appointment of Master, and Attorneys Fees (Attachments: # (1) Affidavit Ex. 1-Declaration of Christopher E. Thorsen, # (2) Exhibit A (Part 1) to Thorsen Declaration, # (3) Exhibit A (Part 2) to Thorsen Declaration, # (4) Exhibit A (Part 3) to Thorsen Declaration, # (5) Memorandum in Support, # (6) Proposed Order Proposed Final Judgment, Order of Sale, Appointment of Master, and Attorneys Fees)(Thorsen, Christopher). Added MOTION for Order of Sale, MOTION for Order, MOTION for Attorney Fees on 11/7/2013 (SCD). Filed & Entered: 11/12/2013 Notice of Docket Modification Docket Text: NOTICE OF DOCKET MODIFICATION TO Christopher Thorsen re [50] MOTION for Final Judgment: Error: This motion requests 4 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion reliefs requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (SCD) Filed & Entered: 12/05/2013 Motion to Stay Docket Text: MOTION to Stay by Heather McKeever Haffey and Shane M. Haffey Pending Sixth Circuit Certification of Law (McKeever, Heather) Modified on 12/6/2013 (SCD). (Additional attachment(s) added on 12/9/2013: # (1) Proposed Order) (SCD). Filed & Entered: 12/05/2013 Notice Docket Text: NOTICE by Heather McKeever Haffey re [51] MOTION to Stay by Heather McKeever Haffey Pending Sixth Circuit Certification of Law, [50] MOTION for Final Judgment, MOTION for Order of Sale, MOTION for Appointment of Master, and MOTION for Attorney Fees by Deutsche Bank Trust Company Americas LACK OF SERVICE OF DOCKET #50

65 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 9 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 10 of (McKeever, Heather) Filed & Entered: 12/06/2013 Notice of Deficiency Docket Text: NOTICE OF DEFICIENCY TO Heather McKeever re [51] MOTION to Stay Pending Sixth Circuit Certification of Law: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (SCD) Filed & Entered: 12/09/2013 Motion Submitted Docket Text: ***MOTION and FILE SUBMITTED TO CHAMBERS of Judge Bunning for review: re [50] MOTION for Final Judgment, MOTION for Order of Sale, MOTION for Appointment of Master, and MOTION for Attorney Fees by Deutsche Bank Trust Company Americas and [52] Notice of Lack of Service of Docket #50 by Heather McKeever Haffey. (SCD) Filed & Entered: 12/09/2013 Notice of Filing Docket Text: Proposed Order by Heather McKeever Haffey re [51] MOTION to Stay by Heather McKeever Haffey Pending Sixth Circuit Certification of Law PROPOSED ORDER (McKeever, Heather) Modified on 12/9/2013 (SCD). Filed & Entered: 12/10/2013 Motion for Preliminary Injunction Terminated: 12/19/2013 Docket Text: EMERGENCY MOTION for Preliminary Injunction and MOTION for Extension of Time to File a Response by Heather McKeever Haffey (McKeever, Heather) (Additional attachment(s) added on 12/10/2013: # (1) Proposed Order) (SCD). Added MOTION for Extension of Time to File Response/Reply on 12/10/2013 (SCD). Filed & Entered: 12/10/2013 Notice Docket Text: Proposed Order by Heather McKeever Haffey re [[54] EMERGENCY MOTION for Preliminary Injunction PROPOSED ORDER (McKeever, Heather) Modified on 12/10/2013 (SCD). Filed & Entered: 12/11/2013 Notice of Docket Modification Docket Text: NOTICE OF DOCKET MODIFICATION TO Heather McKeever re [54] EMERGENCY MOTION for Preliminary Injunction: Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (SCD) Filed & Entered: 12/12/2013 Order Docket Text: ORDER: It is ordered that this matter is set for a TELEPHONIC CONFERENCE on 12/19/2013 at 11:00 AM in COVINGTON at which time the Court will address the pending motions. To participate, parties must DIAL IN at least 5 minutes in advance of the scheduled start time by following the steps (listed within the order). Signed by Judge David L. Bunning on 12/12/2013.(SCD)cc: COR,Cov Diary Filed & Entered: 12/19/2013 Response to Motion Docket Text: RESPONSE to Motion re [54] EMERGENCY MOTION for Preliminary Injunction by Heather McKeever Haffey MOTION for Extension of Time to File Response/Reply filed by Deutsche Bank Trust Company Americas. (Attachments: # (1) Proposed Order Granting 21 Day Extension to Respond to Motion for Final Judgment, etc. (ECF No. 50))(Thorsen, Christopher)

66 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 10 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 11 of Filed & Entered: 12/19/2013 Response in Opposition to Motion Docket Text: RESPONSE in Opposition re [51] MOTION to Stay by Heather McKeever Haffey Pending Sixth Circuit Certification of Law filed by Deutsche Bank Trust Company Americas. (Attachments: # (1) Exhibit A - Deutsche Bank's 6th Circuit Response to Motion to Hold Case In Abeyance, # (2) Exhibit B - MERS' Sixth Circuit Response to Motion to Hold Case in Abeyance, # (3) Proposed Order Denying Motion to Stay)(Thorsen, Christopher) Filed & Entered: 12/19/2013 Order on Motion for Preliminary Injunction Docket Text: ORDER/MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 12/19/2013, before Judge David L. Bunning: (1) Pla shall provide Dfts w a copy of its [50] Motion for Final Judgment, Order of Sale, Appointment of Master, and Attorneys' Fees by 5:00 PM on 12/19/2013. (2) Dfts shall file a written response to [50] Motion w/in 21 days of entry of this Order, and Pla shall file a reply NLT 14 days thereafter, at which time the motion shall be submitted. (3) Dfts shall file a reply in support of their [51] Motion to Stay w/in 14 days of entry of this Order, at which time the motion shall be submitted. (4) Dfts' [54] Emergency Motion for Preliminary Injunction and Extension of Time is denied as moot. Signed by Judge David L. Bunning on 12/19/2013. (Court Reporter LISA WIESMAN.) (SCD)cc: COR Filed & Entered: 01/06/2014 REPLY BRIEF Docket Text: REPLY BRIEF to [58] RESPONSE in Opposition to [51] MOTION to Stay filed by Heather McKeever Haffey. (McKeever, Heather) Modified text on 1/8/2014 (KLB). Filed & Entered: 01/07/2014 Notice Docket Text: NOTICE of Failure of Compliance with December 19, 2013 Order #59 by Heather McKeever Haffey re [52] Notice, [59] Order, [50] MOTION for Final Judgment, MOTION for Order of Sale, MOTION for Appointment of Master, and MOTION for Attorney Fees by Deutsche Bank Trust Company Americas. (Attachments: # (1) Exhibit EX. A #57 Notice Docket Activity, # (2) Exhibit EX. B. #58 Notice Docket Activity, # (3) Exhibit EX. C. #57 & #58 Envelope)(McKeever, Heather) Modified text on 1/8/2014 (KLB). Filed & Entered: 01/07/2014 RESPONSE Docket Text: RESPONSE to [61] NOTICE filed by Deutsche Bank Trust Company Americas. (Attachments: # (1) Exhibit A - December 19, to Heather Boone McKeever, # (2) Exhibit B - Dkt No 50, # (3) Exhibit C - Dkt No 50-1, # (4) Exhibit D - Dkt No. 50-2, # (5) Exhibit E - Dkt No 50-3, # (6) Exhibit F - Dkt No 50-4, # (7) Exhibit G - Dkt No. 50-5, # (8) Exhibit H - Dkt No 50-6, # (9) Exhibit I - January 7, to Heather Boone McKeever, # (10) Exhibit J - Microsoft Office Delivery Notice January 7, 2014)(Thorsen, Christopher) Modified text on 1/8/2014 (KLB). Filed & Entered: 01/08/2014 Motion Submitted Docket Text: ***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re [51] MOTION to Stay Pending Sixth Circuit Certification of Law by Heather McKeever Haffey. [58] Response in Opposition and [60] Reply filed. (KLB) Filed & Entered: 01/15/2014 Motion to Set Aside Judgment Docket Text: MOTION to Set Aside Judgment by Heather McKeever Haffey Pursuant to Rules 52, 59 and 60 (Attachments: # (1) Affidavit Delehey Declaration EX.A, # (2) Affidavit Haffey Declaration EX.B)(McKeever, Heather) (Additional attachment(s) added on 1/24/2014: # (3) Proposed Order) (AKR). Filed & Entered: 01/16/2014 Notice of Deficiency Docket Text: NOTICE OF DEFICIENCY TO Heather McKeever re [63] MOTION to Set Aside

67 1/27/2014 CM/ECF U.S. Eastern District of Kentucky Version 6.1-History/Documents Query Page 11 of mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit E Pg 12 of Judgment by Heather McKeever Haffey Pursuant to Rules 52, 59 and 60; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. cc: COR (AKR) Filed & Entered: 01/24/2014 Notice of Filing Docket Text: NOTICE OF FILING by Heather McKeever Haffey re [63] MOTION to Set Aside Judgment by Heather McKeever Haffey Pursuant to Rules 52, 59 and 60 Proposed Order (McKeever, Heather) PACER Service Center Transaction Receipt PACER Login: Description: Billable Pages: mf /27/ :20:34 Client Code: History/Documents Search Criteria: 8 Cost: :09-cv DLB

68 mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 1 of 27 Exhibit F

69 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 1 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 2 of 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON DEUTSCHE BANK AMERICAS, as Trustee, v. Plaintiff, HEATHER BOONE MCKEEVER a/k/a HEATHER M. HAFFEY, and SHANE M. HAFFEY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case Nos. 5:09-cv-362-DLB 5:08-cv-049 5:08-cv-510 DEFENDANTS MOTION TO SET ASIDE FINDINGS, ALTER OR AMEND AND FOR RELIEF FROM JUDGMENT. Come the property owners, Defendants in case 09-CV-362 and 08-CV-459 and the Plaintiffs in 08-CV-510, and hereby file their Motion for Relief pursuant to Fed. R. Civ.P. 52, 59, and 60, based on the following: INTRODUCTION The material issue at the heart of these cases has been the legitimacy of the documents presented to the Court, and the jurisdiction of the Court in regard to the fact that a loan transaction did not occur on May 14, 2007, between the Bank of the Bluegrass and Trust Co. and Heather Boone McKeever and Shane Haffey; the tenants by entirety of the family farm, located at 3250 Delong Road, Lexington, (Fayette County) Kentucky. There is currently pending before this Court a Motion to Stay in relation to the remanded case, 09-CV-362. The Motion to Stay is consistent with the ruling of

70 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 2 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 3 of 27 the Sixth Circuit in regards to the fact that the Sixth Circuit is currently reviewing the summary dismissal of the TILA rescission Declaratory Judgment, 08-CV-459. On October 22, 2013, the Sixth Circuit Court of Appeals, acknowledged that it was inappropriate for a 2009 foreclosure case to be deemed final while a preceeding 2008 TILA Rescission case was on appeal; the rescission having the affect of making the original alleged loan transaction, VOID by statute. As part of that Order, the Court ruled that none of the Orders or Judgments from the foreclosure were final and that [t]hese appeals are partially dismissed insofar as they seek review of any order entered in No (E.D. Ky.) and are hereby REMANDED to the district court for further proceedings in No (E.D. Ky.) Although the legitimacy of the documents dated May 14, 2007, have always been a disputed issue of material issue of fact; the issue is no longer in dispute. On August 26, 2013, Ms. Lauren Graham Delehey, proclaimed in-house litigation counsel for Residential Capital LLC, testified under oath consistent with the fact that the loan documents, including a Notice of Right to Cancel are fabricated forgeries; any loan transaction having taken place on May 18, See. Delehey Declaration of Support, In Re Rescap, mg Document Exhibit 3. The Declaration is attached hereto and incorporated herewith as Exhibit A. This Motion relates to the decisions of the District Court in 09-CV-362, and Orders in 08-CV-459, and 08-CV-510, the two cases currently on appeal. The Judgment or Orders Requesting relief include the following: 2

71 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 3 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 4 of / R. #44. 1/23/12 ORDER. Granting Deutsche Bank s motion for summary judgment; granted for both consolidated actions, Lexington & R. 45 6/01/12 JUDGMENT: The Court, having granted pltf Deutsche Bank s motion for summary judgment, enters JUDGMENT in accordance w/that order R /11/11 MEMORANDUM OPINION & ORDER: GRANTING 3 rd party dft MERS & MERSCorp by Mortgage Electronic Registration Systems, Inc s 40 MOTION to Dismiss R /31/2010. MEMORANDUM OPINION & ORDER: GRANTING Bill Allen, Jennifer Frye, Mark Herron, The Bank of the Bluegrass and Trust Cos. 36 MOTION to Dismiss Third Party Complaint R /30/2010. MEMORNADUM OPINION & ORDER: DENYING Heather McKeever Haffey s (34) MOTION for Temporary Injunction (filed in ) / R /22/2010. Copy of MEMORANDUM OPINION & ORDER: IT IS ORDERED that the 33 Motion to Dismiss (5:08-CV-459) by Deutsche, GMAC, RALI and RFC is GRANTED. IT IS FURTHER ORDERED that a copy of these motions, any responses or replies and this order shall be filed in the individual case, Lexington 09-CV R /18/2010. MEMORANDUM OPINION & ORDER: DENYING Haffey s 19 Motion to Dismiss R /29/2010. JUDGMENT. IT IS ORDERED that the plaintiffs complaint is DISMISSED with prejudice. Pending Sixth Circuit Appeal The District Court banned discovery in every one of the consolidated cases. The current issue at the basis of this Motion, could have been resolved five years ago with the taking of testimony by deposition of Mr. Bill Allen, the President of the Bank of the Bluegrass and Trust Co. Every Order and Judgment entered in these matters was based on the fact that the District Court ignored the material issue in relation to the fact that NO LOAN TILA Rescission and 08-CV-510 are currently on Appeal, and are included in the Rule 60 Motion pursuant to Standard Oil Co. of California v. United States, 429 U.S. 17 at 19, S.Ct. 31, 50 L.Ed. 21 (1976.) 3

72 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 4 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 5 of 27 TRANSACTION took place on May 14, Any and all documents presented to the Court bearing the date of May 14, 2007 are fabricated and forgeries. Any Notary witness signature(s) contending that the property owners executed a Note or Mortgage on May 14, 2007, are forgeries. Any loan documents attributed to a loan dated May 14, 2007 are forgeries, and the Notice of Right to Cancel submitted by the parties as evidence, is a fraud on the Court. Additionally, even the form utilized in the fabrication of the Promissory Note is wrong. The Fannie Mae Promissory Note form presented to the Court is routinely used by mortgage brokers for loans that are pre-sold to the secondary market. The form is inconsistent with the fact that the Promissory Note utilized between the property owners and the Bank of the Bluegrass in their long standing relationship, were in-house generated forms. The Bank of the Bluegrass form(s) were generated for re-financing the line of credit between the owners and the Bank of the Bluegrass. The property owners have testified ad nauseum to the fact that the computer generated Promissory Note and Mortgage to the Bank of The Bluegrass, is a forgery. Regardless, the District Court chose to use the forged and VOID documents as the basis for every decision in each of the cases at hand. 2 2 Some of the other material issues in dispute include, but are not limited to the following: The Assignment of Mortgage attached to the Motion for Summary was executed by an employee of GMAC Mortgage LLC,; (a now bankrupt entity) posing as an employee of MERS; The Assignment from MERS is to Deutsche Bank Americas as a generic Trustee. The Assignment of the Mortgage was deemed a forgery by expert witness, Hon. Lynn Syzmoniak. (This specific Assignment of Mortgage was included in the Department of Justice s evidentiary file as part Syzmoniak Qui Tam fraud settlement with the five largest investment banks.) 4

73 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 5 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 6 of 27 The entire basis of these cases lies in the improper assumption that the parties entered into a loan agreement with the Bank of the Bluegrass on May 14, 2007 and executed the Note, Mortgage and Notice of Right to Cancel utilized as Exhibits to the cases. See. ie. 09-CV-362 R. 1. The chain of Title presented for the Forged documents is as follows: (Note) MAY 14, Endorsement UNKOWN DATE Bank of the Bluegrass Rubber Stamp to Note bearing forged signature GMAC BANK Heather M. Haffey by Bank of Bluegrass 3 (Mortgage) May 14, May 14, October 2009 Bank of the Bluegrass Assignment/Mortgage Assignment/Mortgage Recorded Mortgage bearing to MERS Deutsche Bank Forged signatures Heather M. Haffey Shane Haffey The property owners have contended from inception that the attorneys representing both GMAC and Deutsche Bank, had ACTUAL knowledge that the documents presented to the Court dated May 14, 2007 were forgeries. Additionally, the attorneys for GMAC/Deutsche have continuously refused to present the originals of the forged instruments. Neither the forged Note or the Assignment of Mortgage stemming from the forged Mortgage, are endorsed or Assigned to the Plaintiff; the 2007 RALI Qs10 REMIC Mortgage Backed Security Fund. 3 The circumstances surrounding the GMAC Bank endorsement of the forged Note and the legitimacy of the Note, Mortgage and Notice of Right to Cancel could have easily been ascertained with the taking of a Bank of the Bluegrass deposition; as several of the employees have first hand knowledge of the fact that NO LOAN TOOK PLACE on May 14, 2007 and would have to testify that the parties did not execute any loan documents which could ever be tied to the May 14, 2007 forged Mortgage lien. 5

74 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 6 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 7 of 27 Since the Court forbid discovery in the matter, the Defendants offer to the Court that the explanation for the fabrication lies in the fact that the fabricated May 14, 2007 loan, had been pledged as collateral to a third party prior to any loan closing having been scheduled. Additionally, any legitimate re-financing between the Bank of the Bluegrass and Trust and the Defendants, would have been achieved using the in-house form provided by the Bank of the Bluegrass in the past. GROUNDS FOR THE MOTION RULE 52. FINDINGS AND CONCLUSIONS BY THE COURT; JUDGMENT ON PARTIAL FINDINGS (a) Findings and Conclusions. 5) Questioning the Evidentiary Support. A party may later question the sufficiency of the evidence supporting the findings, whether or not the party requested findings, objected to them, moved to amend them, or moved for partial findings. (6) Setting Aside the Findings. Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous, and the reviewing court must give due regard to the trial court's opportunity to judge the witnesses credibility. RULE 59. NEW TRIAL; ALTERING OR AMENDING A JUDGMENT (a) In General. (2) Further Action After a Nonjury Trial. After a nonjury trial, the court may, on motion for a new trial, open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new ones, and direct the entry of a new judgment. RULE 60. RELIEF FROM A JUDGMENT OR ORDER 4 (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, 4 As applied to any referenced Orders deemed final judgments, including those in and ; the cases currently on appeal. 6

75 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 7 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 8 of 27 could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void. There are two cases included in this Motion, which are currently on Appeal, 08-CV-459 and 08-CV-510. In its summary disposition of the cases, and while banning all discovery, the final Judgments were, based on interlocutory rulings in other consolidated cases, citing the law of the case. 5 Any law of the case Judgment based on the forged May 14, 2007 documents is VOID. Although the cases are on appeal, this Court has jurisdiction to hear this Motion: We recognize that, in the past, both this Court and many Courts of Appeals have required appellate leave before the District Court could reopen a case which had been reviewed on appeal. [Footnote 2] The requirement derived from a belief that an appellate court's mandate bars the trial court from later disturbing the judgment entered in accordance with the mandate. See In re Potts, 166 U. S. 263 (1897); Butcher & Sherrerd v. Welsh, 206 F.2d 259, 262 (CA3 1953), cert. denied, 346 U.S. 925 (1954); Home Indemnity Co. of New York v. O'Brien, 112 F.2d 387, 388 (CA6 1940). It has also been argued that the appellate leave requirement protects the finality of the judgment and allows the appellate court to screen out frivolous Rule 60(b) motions. Tribble v. Bruin, 279 F.2d 424, (CA4 1960); 7 J. Moore, Federal Practice, 60.30[2], p. 429 n. 27 (1975). In our view, the arguments in favor of requiring appellate leave are unpersuasive. Like the original district court judgment, the appellate mandate relates to the record and issues then before the court, and does not purport to deal with possible later events. Hence, the district judge is not flouting the mandate by acting on the motion. See 11 C. Wright & A. Miller, Federal Practice and Procedure 2873, pp (1973). Cf. SEC v. Advance Growth Capital. Standard Oil Co. of California v. United States, 429 U.S. 17 at 19, 97 S.Ct. 31, 50 L.Ed. 21 (1976) (emphasis added.) 5 09-CV-362 (the foreclosure case) is severed from all other cases, and now stands alone. 7

76 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 8 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 9 of 27 This view was again reaffirmed by the Supreme Court on a Writ from the Sixth Circuit; [a]nd last but not least, the pendency of an appeal does not affect the district court's power to grant Rule 60 relief. See Standard Oil Co. of Cal. v. United States, 429 U. S. 17, (1976) (per curiam); Wright & Miller 2873 (1994 Supp.). Stone v. INS, 514 U.S. 386, 402 (1995.) BASIS FOR THE MOTION Although the legitimacy of the documents dated May 14, 2007, have always been a disputed issue of material issue of fact; the issue is no longer in dispute. On August 26, 2013, in preparation for the Proof of Claim hearing in relation to these cases, in In Re Rescap, mg, Ms. Lauren Graham Delehey, proclaimed in-house litigation counsel for Residential Capital LLC, testified under oath consistent with the fact, that the loan documents, including a Notice of Right to Cancel are fabricated forgeries; any loan transaction having taken place on May 18, See. Delehey Declaration of Support, In Re Rescap, mg Document Exhibit 3. Movants Exhibit A. The claims and the case numbers against GMAC Mortgage LLC and the other Rescap entities in 08-CV-459, 08-CV-510 and 09-CV-362 were listed on the schedules as Creditors Claims in the Rescap/GMAC, Chapter 11 Bankruptcy. Based on Notice from the bankruptcy Court, Proof of Claims were filed accordingly. The Proof of Claim evidentiary hearing is currently set for January 30, Knowing that she would be called to testify live in a bankruptcy evidentiary hearing, Ms. Delehey has sworn under oath to the Bankruptcy Court; that 8

77 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 9 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 10 of 27 Borrowers are borrowers under a loan (the Loan ) evidenced by a note (the Note ) in the principal amount of $1,000,000, which was executed on May 18, 2007, in favor of Bank of the Bluegrass & Trust Company (the Bank of the Bluegrass ), and was secured by a mortgage (the Mortgage ) on property located at 3250 Delong Road in Lexington, Kentucky (the Property ). Delehey Declaration, Ex. A P. 3. Ms. Delehey, claims to be uniquely qualified to testify as to the facts surrounding the origination of the questioned transaction; the statements in her Declaration being based on her personal knowledge in regards to her responsibility for the management of residential mortgage-related litigation, assisting the Debtors [Appellee Rescap, RALI and GMAC MORTGAGE LLC and non-debtor GMAC (now ALLY) BANK] and their professional advisors in connection with the administration of the Chapter 11 Cases.... If I were called to testify as a witness in this matter, I would testify competently to the facts set forth herein. Delehey Declaration Ex. A. P Ms. Delehey is unwilling to present perjured testimony in regards to a transaction having ever taken place on May 14, The testimony of Ms. Delehey finally puts to rest the legitimacy of the copies of a May 14, 2007 Bank of the Bluegrass Note and Mortgage. The documents are VOID: A. Facts Giving Rise to Claimant s Prior Litigation 6 The Movants take the position that each and every time a party has stated in a pleading or in an Affidavit that a loan took place on May 14, 2007, or that the computer generated copies of a May 14, 2007, Promissory Note, Mortgage, Notice of Right to Cancel or any other document dated May 14, 2007, is legitimate, they have committed a separate violation of Rule 11 (in the case of the pleadings) and a separate act of perjury (in the case of an Affidavit.) 9

78 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 10 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 11 of Borrowers are borrowers under a loan (the Loan ) evidenced by a note (the Note ) in the principal amount of $1,000,000, which was executed on May 18, 2007, in favor of Bank of the Bluegrass & Trust Company (the Bank of the Bluegrass ), and was secured by a mortgage (the Mortgage ) on property located at 3250 Delong Road in Lexington, Kentucky (the Property ). The Mortgage was subsequently assigned to Mortgage Electronic Registration Systems, Inc. ( MERS ) as nominee for Bank of the Bluegrass. GMACM began servicing the Loan on July 1, 2007, and continued to service the Loan until the sale and transfer of GMACM s loan servicing rights to Ocwen Loan Servicing, LLC on February 15, On or about October 15, 2008, Borrowers sent a letter to GMACM, MERS, and Bank of the Bluegrass purporting to rescind the Loan and Mortgage pursuant to the Truth-in-Lending Act ( TILA ). Borrowers have made no payments on the Loan after that date. 7. On November 7, 2008, GMACM notified Borrowers that, based on its review of the Borrowers Loan file, the purported rescission was baseless and GMACM would not rescind the Loan. 8. On September 25, 2009, MERS assigned its interest in the Note and Mortgage to Deutsche Bank Trust Company, which assignment was recorded on October 7, Delehey Declaration, Ex. A P. 3. Ms. Delehey has stated the correct date of a loan closing scheduled with the Bank of the Bluegrass as May 18, 2007, but offers no further testimony as to the whereabouts of the loan documents or the transfer of a May 18, 2007, Promissory Note. 7 7 Her testimony as to the progression of a mortgage relating to the May 18, 2007 loan does not offer a date. There is no May 18, 2007 mortgage on record with the Fayette County Clerk. If her assertions relate to the May 14, 2007, mortgage, proffered in these cases, her testimony contradicts the statement as to the date of the loan transaction. Additionally, her statement as to the assignment of the forged May 14, 2007 mortgage, flies in the face of the record of the forged mortgage as MERS was assigned the mortgage on May 14, 2007, FROM the Bank of the Bluegrass, not as a nominee of the Bank of the Bluegrass. Regardless, MERS has never appeared in the chain of title to the May 14, 2007 forged Note. 10

79 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 11 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 12 of 27 As part of the Proof of Claims, and in anticipation if giving his testimony at the January 30, 2014, hearing, Mr. Haffey testified to the facts, consistent with his testimony in these cases. See. Haffey Declaration, In Re Rescap, mg Document Exhibit 3. The Haffey Declaration is attached hereto and incorporated herewith as Exhibit B. CONCLUSION Contrary to the testimony of the property owners, and the in-house litigation counsel for GMAC, the parties to these cases have continuously stated throughout in pleadings and have repeatedly put into evidence sworn testimony that the Defendants attended a loan closing on May 14, 2007, and executed a Note, Mortgage and a TILA Rescission Notice on May 14, These statements were a lie in 2008 and 2009 and remain so today. 8 WHEREFORE, based on the testimony of Ms. Delehey, consistent with the testimony of the property owners, the Orders relating to the cases are VOID and the Movants respectfully request that the Orders be deemed VOID and VACATED. 8 The Courts have previously cautioned Deutsche Bank about the use of one of its robo signers, Judy Faber, an Affiant to the cases and hand: Neither version of the allonge, however, includes dates of the alleged transfers as stated by Ms. Faber. Even assuming she had the authority to endorse the note to Deutsche, Ms. Faber does not explain why RFC initially failed to produce the second allonge with the RFC endorsement in its motion to lift stay, even though it allegedly existed at that time. These holes present substantial questions of fact as to Deutsche s good faith and the second allonge s authenticity. The Court cannot avoid suspecting that the second allonge indeed was created solely to rebut the trustee s assertions in this litigation and did not previously exist. If so, the Court suggests Deutsche and Ms. Faber individually consider the possible consequences of propounding potentially false evidence and perjured testimony to the Court. In Re Balderrama, Bankruptcy No. 6:10-BK KSJ. AP No. 6:10- AP KSJ. 451 B.R Doc 67 at 8. Filed 02/14/12. (emphasis added.) 11

80 Case: 5:09-cv DLB Doc #: 63 Filed: 01/15/14 Page: 12 of 12 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 13 of 27 Dated: January 15, 2014 Respectfully submitted, /s/ Heather Boone McKeever MCKEEVER LAW OFFICE PLLC 3250 Delong Road Lexington, Kentucky COUNSEL FOR DEFENDANTS CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion was served via ECF on this the 15th day of January, 2014 on the following: Hon. David Kellerman MIDDLETON REUTLINGER 2500 Brown & Williamson Tower Louisville, Kentucky COUNSEL FOR APPELLEE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Hon. Christopher Thorsen Bradley Arant Boult Cummings LLP 1600 Division Street Suite 700 Nashville, TN Attorney for Deutsche Bank Trust Company Americas as Trustee McKeever /s/heather Boone Heather Boone McKeever 12

81 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 1 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 14 of 27

82 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 2 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 15 of 27

83 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 3 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 16 of 27

84 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 4 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 17 of 27

85 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 5 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 18 of 27

86 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 6 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 19 of 27

87 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 7 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 20 of 27

88 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 8 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 21 of 27

89 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 9 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 22 of 27

90 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 10 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 23 of 27

91 Case: 5:09-cv DLB Doc #: 63-1 Filed: 01/15/14 Page: 11 of 11 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 24 of 27

92 Case: 5:09-cv DLB Doc #: 63-2 Filed: 01/15/14 Page: 1 of 2 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 25 of 27

93 Case: 5:09-cv DLB Doc #: 63-2 Filed: 01/15/14 Page: 2 of 2 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 26 of 27

94 Case: 5:09-cv DLB Doc #: 63-3 Filed: 01/15/14 Page: 1 of 1 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit F Pg 27 of 27 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION AT LEXINGTON DEUTSCHE BANK AMERICAS, as Trustee, v. Plaintiff, HEATHER BOONE MCKEEVER a/k/a HEATHER M. HAFFEY, and SHANE M. HAFFEY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 5:09-cv-362-DLB ORDER GRANTING DEFENDANTS MOTION TO SET ASIDE FINDINGS, ALTER OR AMEND AND FOR RELIEF FROM JUDGMENT. Upon Motion of the Defendants and the Court otherwise being sufficiently advise; it is here ORDERED and ADJUDGED that the Defendants Motion for Relief pursuant to Fed. R. Civ. P. 52, 59, and 60, is hereby GRANTED and the Judgment in the case VACATED and SET ASIDE. ENTERED THIS THE DAY of, 201. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY

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96 Case: 5:11-cv DLB Doc #: 32 Filed: 03/02/12 Page: 1 of 6 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit G Pg 2 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION LEXINGTON LEAD CIVIL ACTION NO JBC CONSOLIDATED CIVIL ACTION NO JBC GMAC MORTGAGE, LLC, PLAINTIFF, V. MEMORANDUM OPINION & ORDER HEATHER BOONE MCKEEVER, et al., DEFENDANTS. * * * * * * * * * * * This matter is before the court on Deutsche Bank s motion for judgment on the pleadings, R.148. Because the court has previously decided the issues underlying each of the claims asserted by Haffey, judgment is appropriate, and the motion will be granted. The plaintiff, Shane Haffey, filed suit in this consolidated action, Lexington Civil Action , asserting several claims against Deutsche Bank and Patricia Kelleher. All of the claims relate to a piece of property that was the subject of a foreclosure action in the related consolidated case, styled Deutsche Bank, etc. v. Heather McKeever Haffey, etc., et al., Lexington Civil Action No , and was owned jointly by Haffey and his wife Heather McKeever. Haffey seeks to quiet title to the piece of property as well and to recover damages for the defendants alleged wrongful acts, including: common law slander and defamation of title, filing of an 1

97 Case: 5:11-cv DLB Doc #: 32 Filed: 03/02/12 Page: 2 of 6 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit G Pg 3 of 7 illegal lien, forgery in the second degree, criminal possession of a forged instrument, fraudulent conveyance, and common law fraud and injurious falsehood. Each cause of action arises out of the mortgage assignment from Mortgage Electronic Registration Systems, Inc. ( MERS ) to Deutsche Bank that was filed in the public record of Fayette County, Kentucky, as a lien on Haffey s property. Haffey alleges that Kelleher, at the request of Deutsche Bank, fraudulently signed over the mortgage to Deutsche Bank as a supposed representative of MERS, and that the forged assignment was then filed of record. Kelleher has since been dismissed as a party to this action, see R.133, so only the claims against Deutsche Bank remain. Deutsche Bank has moved for judgment on the pleadings under Fed. R. Civ. P. 12 (c), alleging that judgment in its favor is appropriate because this court has ruled that the allegations made by Haffey are without merit. Additionally, Deutsche Bank argues that this court has ruled in consolidated action, styled Deutsche Bank, etc. v. Heather McKeever Haffey, etc., et al., Lexington Civil Action No , that Deutsche Bank is entitled to foreclose against the property in dispute in this action. In analyzing a motion for judgment on the pleadings, a court must take all the well-pleaded material allegations of the pleadings of the opposing party as true, see Cincinnati Ins. Co. v. Beazer Homes Invs., LLC, 594 F.3d 441, 444 (6th Cir. 2010) (internal citations omitted), but the court may take into account prior orders in the case. Barany-Snyder v. Weiner, 539 F.3d 327, 332 (6th Cir. 2008) 2

98 Case: 5:11-cv DLB Doc #: 32 Filed: 03/02/12 Page: 3 of 6 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit G Pg 4 of 7 (quotations omitted). Having reviewed the record, the court agrees with Deutsche Bank and finds that the law-of-the-case doctrine bars all of Haffey s claims. First, Haffey seeks to quiet title to the property in dispute under KRS , claiming that he as a property owner is entitled to restoration of clear title to the property. But this court has previously held that Deutsche Bank has a validly assigned mortgage on the property and is entitled to foreclose on the property, see R. 135; therefore, Haffey s claim for clear title is barred. Second, Haffey brings claims related to the supposedly fraudulent assignment of the mortgage in dispute from MERS (executed by Kelleher) to Deutsche Bank. These claims include common law slander and defamation of title, filing of an illegal lien under KRS , Kentucky forgery in the second degree under KRS , criminal possession of a forged instrument under KRS , fraudulent conveyance under KRS & , and common law fraud and injurious falsehood. Each of these claims stems from Haffey s allegations that Deutsche Bank and Kelleher conspired in 2009 to have drafted, executed, and notarized a publicly filed mortgage lien on Haffey s property that was illegal, forged, and fraudulent. Haffey asserts that he never executed a promissory note relating to the property and that he never executed a mortgage to Deutsche Bank or its predecessor MERS. Because this court has held that Deutsche Bank is the holder of a validly assigned mortgage on Haffey s property as well as the holder of a defaulted note 3

99 Case: 5:11-cv DLB Doc #: 32 Filed: 03/02/12 Page: 4 of 6 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit G Pg 5 of 7 relating to the property, see R.135, p.2-3 (citing previous order R.69), Haffey s claims are in direct conflict with the law of this case. His allegations of fraud and related claims stand in opposition to the court s prior holding that the mortgage held by Deutsche Bank is a validly assigned lien; thus, the claims are barred by the law-of-the-case doctrine. See Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 816 (positing that when a court decides upon a rule of law, that decision should continue to govern the same issues in subsequent stages in the same case )(internal citations omitted). Additionally, this court has previously addressed similar claims in related actions. In Shane Haffey, et al. v Mortg. Elec. Registration Sys., Inc., Lexington Civil Action No , the court dismissed Haffey and McKeever s complaint that brought claims against MERS and GMAC, the company in privity with Deutsche Bank (see lead action, styled GMAC Mtg., LLC, etc. v. Heather Boone McKeever, etc., et al., Lexington Civil Action No , R.70, p.3 n.2), for fraudulent practices in connection to the mortgage in dispute, including the original execution of the mortgage and the assignment of the mortgage to MERS. The court found the allegations to be mere labels and conclusions and not supportive of any legal claim. Shane Haffey, et al. v Mortg. Elec. Registration Sys., Inc., et al., Lexington Civil Action No , R.17, p.6. The court also dismissed Haffey and McKeever s counter-claims in Deutsche Bank, etc. v. Heather McKeever Haffey, etc., et al., Lexington Civil Action No , that alleged numerous 4

100 Case: 5:11-cv DLB Doc #: 32 Filed: 03/02/12 Page: 5 of 6 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit G Pg 6 of 7 wrongful acts of MERS, GMAC, and Deutsche Bank, including defamation of title and fraud. The court held that the allegations of fraud and defamation of title were devoid of any facts that would support the basic elements of a claim and were bare-bone legal conclusions. See lead action, styled GMAC Mtg., LLC, etc. v. Heather Boone McKeever, etc., et al., Lexington Civil Action No , R.70, p While the claims in those actions pointed to a broader range of allegedly fraudulent practices than just the supposedly illegal mortgage assignment from MERS to Deutsche Bank pinpointed in this case, the current claims against Deutsche Bank are related to the same series of events described in the complaint of Shane Haffey, et al. v Mortg. Elec. Registration Sys., Inc., et al., Lexington Civil Action No and the counter-claim of Deutsche Bank, etc. v. Heather McKeever Haffey, etc., et al., Lexington Civil Action No Haffey could have brought these claims in those prior actions. See U.S. v. Moored, 38 F.3d 1419, 1421 (stating that the law of the case doctrine dictates that issues, once decided, should be reopened only in limited circumstances and findings made at one point in the litigation become the law of the case for subsequent stages of that same litigation ). Accordingly, IT IS ORDERED that Deutsche Bank s motion for judgment on the pleadings, R. 148, is GRANTED. 5

101 Case: 5:11-cv DLB Doc #: 32 Filed: 03/02/12 Page: 6 of 6 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit G Pg 7 of 7 IT IS FURTHER ORDERED that Shane Haffey s motion for extension of time to respond to motion for judgment on the pleadings, R.149, is GRANTED, and the Clerk of Court is directed to docket Haffey s response, R.149-1, as of the date of entry of this order. The court having granted judgment on all remaining claims in this action, IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and STRICKEN from the court s active docket. Signed on March 1,

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103 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 1 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 2 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 5:08-CV-510-KSF SHANE HAFFEY, et al. PLAINTIFF vs. OPINION AND ORDER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., et al. DEFENDANT * * * * * * * * This matter is before the Court on the motion of GMAC Mortgage, LLC ( GMAC ) to dismiss it as a party to these proceedings. [DE 7]. Having been fully briefed, the motion is ripe for consideration. For the reasons set out below, the motion will be granted. I. BACKGROUND Plaintiffs, Heather Boone McKeever and Shane M. Haffey, filed a twenty-six page complaint against Mortgage Electronic Registration Systems, Inc.; GMAC Mortgage, LLC; GMAC Mortgage, LLC, as Loan Servicing Agent for the Bank of the Bluegrass and Trust Co.; GMAC Mortgage, LLC, as Loan Servicing Agent for the Concealed and Unknown Persons who are the Real Parties in Interest and as the Agent for the Concealed True Lenders and/or the Holders in Due Course of an Original Promissory Note Who Claim any Interest in the Subject Matter of this Action; and The Concealed and Unknown Persons Who Are the Real Parties in Interest, as the Concealed True Lenders and/or the Holders in Due Course of an Original Promissory Note Who Claim any Interest in the Subject Matter of This Action. [DE 1-4]. The Complaint alleges that Plaintiffs are the owners of certain real property at 3250 Delong Road, Lexington, Kentucky, and that the Defendants have some relationship to Plaintiffs mortgage loan transaction on May 18, 2007 ( Loan ). The Loan was a refinancing of an unsecured loan by

104 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 2 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 3 of 8 Bank of the Bluegrass and created a mortgage on Plaintiffs Delong Road home. See Complaint 5, 7, 8. Plaintiffs claim a long-standing relationship with Bank of the Bluegrass involving multiple real estate loans and lines of credit secured by real estate and a history of refinancing the loans and mortgages. Id. at 7. Plaintiffs allege on this occasion, however, Bank of the Bluegrass conducted a Bait and Switch scheme whereby Plaintiffs were forced to agree to the Loan and sign documents under duress and under different terms than they discussed. Id. at Plaintiffs allege that Bank of the Bluegrass committed various wrongful acts associated with the Loan closing, including failure to provide notices required by the federal Truth In Lending Act, Real Estate Settlement Practices Act, and Home Ownership and Equity Protection Act. Id. at 39, They further claim that Bank of the Bluegrass defrauded them by assigning the mortgage and by concealing the true nature of the transaction and the identity of the real lender. Id. at They allege they would not have entered into the transaction had they known that the mortgage would not remain with Bank of the Bluegrass but, instead, would be assigned to 1 someone else, in this case, Mortgage Electronic Registration Systems, Inc. ( MERS ). Id. at Plaintiffs allege paying undisclosed fees, finance charges and kickbacks to the holder of the Note and Mortgage. 29. They allege the Note may have been satisfied by a third party guarantee contract or insurance policy and may have been paid in full They claim to have rescinded the Note and Mortgage under the Truth In Lending Act ( TILA ). 35. They allege that their settlement efforts have been ignored by GMAC s counsel. 36. Count I of the Complaint alleges the Defendants have jointly and severally violated the TILA, 15 U.S.C et seq Count II claims violations of HOEPA, 15 U.S.C et seq. 44. Count III claims violations of the Real Estate Settlement Procedures Act, 12 U.S.C. 1 Plaintiffs filed a separate action against MERS, which was also removed to this Court (Case No. 5:08-cv-456). MERS motion to dismiss has been briefed. GMAC Mortgage, LLC on behalf of Deutsche Bank filed suit against Haffey and McKeever for a declaration that the purported recision by Defendants is invalid (Case No. 5:08-cv-459). 2

105 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 3 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 4 of , for which the Defendants are jointly and severally liable Count IV alleges defamation of title, violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, and violation of the Fair Credit Reporting Act, 15 U.S.C The only factual allegation against GMAC is that it sent a notice through electronic mail that a mortgage payment was due and owing on November 15, Count V alleges violations of Kentucky s Unfair Trade Practices Act arising from the Bank s assignment of the Mortgage. 49. Count VI alleges breach of fiduciary duty by the Bank for failing to disclose material facts affecting the loan transaction. Plaintiffs allege the Bank was an agent of GMAC and that all Defendants are jointly and severally liable for breach of fiduciary duty There is no factual support for the allegation of agency. Count VII alleges fraudulent misrepresentation relating to inducing Plaintiffs to enter into the Loan and in the execution of it. 52. Count VIII alleges fraud by omission for the Bank s failure to disclose that it was merely a Pretender Lender Count IX alleges violations of Kentucky s Consumer Protection Act for deceptive acts in the loan transaction Count X alleges RICO violations as a result of the Defendants agreeing to deceive the Homeowners. 59. Count XI is for breach of contract relating to the Loan and Mortgage. 60. Count XII is for violation of the Kentucky Financial Services Code because the Note and Mortgage were made with a concealed lender who is operating illegally as a financial institution. 61. With respect to GMAC, Plaintiffs allege that GMAC and the other defendants are jointly and severally liable as Predatory Lenders. 4. On August 16, 2007, GMAC sent a letter to Plaintiff McKeever responding to an inquiry and enclosing a copy of the final HUD-1 Settlement Statement. Complaint Ex. E; 21. Paragraph 23 alleges GMAC began collecting interest on the Loan on May 18, 2007, despite the fact the loan was not consummated until after 5:00 p.m. that day. Paragraph 24 alleges that Plaintiff learned from a GMAC representative that the Mortgage was assigned to MERS and that the Bank of the Bluegrass had fraudulently acted only as an agent for the concealed Real Party in Interest. Paragraph 35 alleges that Plaintiffs rescinded the Note and 3

106 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 4 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 5 of 8 Mortgage on October 15, 2008, and sent notice, along with a Qualified Written Request under the Real Estate Settlement and Procedure Act ( RESPA ), to GMAC, but the transaction was not rescinded as required. The letter is attached as Exhibit F. Paragraph 37 alleges that GMAC sent a written notice on November 15, 2008 that the Mortgage payment was due and owing on that date. Paragraph 38 alleges that GMAC wrote McKeever on October 16, 2007 that her payment would be recorded as late. GMAC moves to dismiss under Fed. R. Civ. P. 12(b)(6) for failure to state a claim against GMAC. [DE 7, 7-2]. Assuming Plaintiffs factual allegations are true, GMAC argues those facts do not state any claim against GMAC. They note the allegations involve the Loan from Bank of the Bluegrass, but the Bank is not named as a defendant. They state there is no allegation that GMAC was involved in the origination, negotiation or closing of the Loan. They also claim there is no allegation of a relationship between Bank of the Bluegrass and GMAC such that GMAC would be liable for the conduct of the Bank. Accordingly, GMAC argues it should be dismissed. Plaintiffs respond that GMAC was sued for its acts in three capacities: (1) as a corporate entity; (2) as Loan Servicing Agent for the Bank of the Bluegrass; and (3) as Loan Servicing Agent for the Concealed and Unknown Person(s) who are the Real Parties in Interest. [DE 12, p. 1]. Plaintiffs argue that the principal whom GMAC serves has been concealed by GMAC. Id. They also note that GMAC was served in the capacity of Agent for Service of Process for The Concealed and Unknown Persons who are the Real Parties in Interest. Plaintiffs deny that the allegations in the Complaint pertain only to the Bank and refer to the term Defendants in the allegations in paragraphs 28 and 54. Plaintiffs also reference exhibits to the Complaint reflecting that GMAC ignored all pre-litigation requests for information and discovery. Plaintiffs claim that GMAC played and continues to play multiple roles in the conspiracy pertaining to Plaintiffs transaction and that it is the cornerstone of the conspiracy and illegal and fraudulent acts. [DE 12, p. 3]. 4

107 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 5 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 6 of 8 GMAC replies that Plaintiffs protestations in the Response are not supported by factual allegations in the complaint. [DE 13]. Instead, the critical allegations in the complaint never mention GMAC or any role GMAC may have had. The Complaint first mentions GMAC as servicing agent for the Bank in August 2007, three months after the Loan was consummated. [Complaint 21]. GMAC further argues the use of the plural Defendants is not sufficient to state a claim. GMAC contends the complaint must be dismissed for failure to raise a right to relief above the speculative level. [DE 13, p. 2]. II. ANALYSIS To withstand a motion to dismiss, a complaint must plead enough facts to state a claim to relief that is plausible on its face. Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007). While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff s obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. On a motion to dismiss, courts are not bound to accept as true a legal conclusion couched as a factual allegation. Factual allegations must be enough to raise a right to relief above the speculative level. Id. at (citations omitted). [W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged but it has not show[n] that the pleader is entitled to relief. Ashcroft v. Iqbal, 129 S.Ct. 1937, 1950 (2009) In ruling upon a motion to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6), all of a plaintiff s factual allegations are presumed true, and the complaint is construed in the light most favorable to the plaintiff. Hill v. Blue Cross and Blue Shield of Michigan, 409 F.3d 710, 716 (6th Cir. 2005). However, courts are not bound to accept as true a legal conclusion couched as a factual allegation. Twombly, 550 U.S. at 556. GMAC s motion to dismiss is well taken. Iqbal s complaint was dismissed because its conclusory allegations were not supported by factual matter. The court said: A pleading that offers labels and conclusions or a formulaic recitation of the elements of a cause of action will not 5

108 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 6 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 7 of 8 do. Nor does a complaint suffice if it tenders naked assertions[s] devoid of further factual enhancement. Iqbal, 129 S.Ct. at 1949, quoting Twombly, 550 U.S. at 555, 557. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. Id. at The allegations in Plaintiffs Complaint were set forth in detail to illustrate the absence of any claim against GMAC. The vast majority of the allegations are mere labels and conclusions and are devoid of any factual connection whatsoever to GMAC. The few factual allegations regarding GMAC do not support any legal claim. In August 2007, GMAC responded to an inquiry from McKeever and enclosed a copy of a HUD-1. McKeever alleges the Bank fraudulently substituted a HUD-1 dated May 14, 2007 for the May 18, 2007 loan documents she signed, but she makes no factual allegation that GMAC was involved with the loan documentation in any way. McKeever alleges she learned from a GMAC representative that the Bank had assigned the Mortgage to MERS, but she does not make any factual allegation that GMAC was involved in or responsible for that assignment. McKeever wrote GMAC, MERS and Bank of the Bluegrass on October 15, 2008 stating that the Note and Mortgage were in the name of Heather M. Haffey, but that had never been her legal name. Complaint Exhibit F. She stated the deed to the property was in the name of Heather McKeever, thereby making the transaction invalid on its face. Id. The letters sought to rescind the Note and Mortgage and demanded a refund of all funds and interest paid. Id. There are no statements in the letters that GMAC had violated any statute and no factual support for any role by GMAC, other than providing information upon request. The only other factual allegations in the Complaint regarding GMAC are that it notified her that an October payment would be recorded as late ( 38), and that a payment was due and owing on November 15, 2008 ( 37). To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. Iqbal, 129 S.Ct. at 1949, quoting 6

109 Case: 5:08-cv DLB Doc #: 17 Filed: 09/04/09 Page: 7 of 7 - Page ID#: mg Doc Filed 01/27/14 Entered 01/27/14 14:53:31 Exhibit H Pg 8 of 8 Twombly. Assuming all of the factual allegations in the Complaint regarding GMAC are true, Plaintiffs have not stated any claim to relief that is plausible on its face against GMAC. Twombly, 550 U.S. at 570. Where a complaint pleads facts that are merely consistent with a defendant s liability, it stops short of the line between possibility and plausibility of entitlement to relief. Iqbal, 129 S.Ct. at 1949, quoting Twombly. It is the opinion of this Court that Plaintiffs factual allegations regarding GMAC do not even rise to the level of being consistent with a defendant s liability. At most, they show that GMAC serviced a mortgage and provided information. Accordingly, GMAC s motion to dismiss will be granted. III. CONCLUSION IT IS ORDERED that the motion of GMAC Mortgage, LLC to dismiss it as a party to this action [DE 7] is hereby GRANTED. This September 4,