18 TAKEN AT THE INSTANCE OF THE DEFENDANT

Transcription

1 Page: 1 1 IN THE CIRCUIT COURT 2 OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 3 CASE NO.: 2009 CA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS 5 TRUSTEE UNDER POOLING AND SERVICING 6 AGREEMENT DATED AS OF NOVEMBER 1, MORGAN STANLEY HOME EQUITY LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATES, 9 SERIES , 10 Plaintiff, 11 vs. 12 EDUARDO C. RIVERA, 13 Defendant. 14 / * * * * * * * * 17 DEPOSITION OF HOWARD HANDVILLE 18 TAKEN AT THE INSTANCE OF THE DEFENDANT 19 * * * * * * * * DATE: March 10, PLACE: 2041 Vista Parkway 23 Suite West Palm Beach, Florida TIME: 3:09-3:55 o'clock p.m.

2 Page: 2 1 APPEARANCES: 2 3 SHAPIRO & FISHMAN, LLP North Federal Highway 5 Suite Boca Raton, FL Attorney for the Plaintiff(s) 8 BY: SARAH KLEIN, ESQUIRE 9 Sklein@logs.com MEGAN CRANDALL 12 Mcrandall@logs.com KORTE & WORTMAN, PA Vista Parkway 16 Suite West Palm Beach, FL ; fax Attorney for the Defendant 20 BY: BRIAN KORTE, ESQUIRE ALSO PRESENT: JEFF EANNARINO

3 Page: 3 1 INDEX DIRECT EXAMINATION BY MR. KORTE Defendant's Exhibit No. 1 marked for 11 8 identification 9 Defendant's Exhibit No. 2,3,4 marked for identification 11 Defendant's Exhibit No. 5 marked for identification 13 Defendant's Exhibit No. 6 marked for identification

4 Page: 4 1 The deposition of HOWARD HANDVILLE, witness, was 2 taken before me, Rachele Cibula, Notary Public, State of 3 Florida at large, 2041 Vista Parkway, Suite 102, in the 4 City of West Palm Beach, County of Palm Beach, State of 5 Florida, pursuant to notice in said cause for the 6 purpose of taking said deposition at the instance of the 7 Defendant in the above-styled action pending in the 8 above-named Court. 9 THEREUPON, 10 HOWARD HANDVILLE, 11 being by me first duly sworn to testify the whole truth 12 as is hereinafter certified, testifies as follows: 13 DIRECT EXAMINATION 14 BY MR. KORTE: 15 Q. Sir, would you do me a favor and state your name 16 for the record, spelling your last name. 17 A. My name is Howard Handville, H-a-n-d-v-i-l-l-e. 18 Q. Mr. Handville, will you do me the -- a favor and 19 give me your educational background starting from the 20 time you left high school going forward. 21 A. I finished high school. But, other than some 22 English courses, I didn't have any higher education. 23 Q. After leaving high school, can you give me the 24 list of your jobs thereafter? 25 A. It's going to take a while.

5 Page: 5 1 Q. Let's do it the easy way. Working backwards, can 2 you give me your current position and go back, let's 3 say, ten years. 4 A. I'm currently a loan analyst. 5 Q. For who? 6 A. OCWEN Loan Servicing in West Palm Beach. 7 Q. How long have you had that position? 8 A. I've been there almost seven months. 9 Q. Before that, what position did you have? 10 A. Before that, I was briefly with a law firm, 11 Marshall C. Watson in Fort Lauderdale, loss mitigation 12 manager. I was there about a month. Prior to that, I 13 was with a company called ABN Amro Mortgage in 14 Plantation, Florida. I was there for three years as the 15 quality control supervisor. And, prior to that -- I 16 don't know if it's chronologically an exact date or not. 17 I was with a company called CMAC, Commonwealth Mortgage 18 Assurance Company, which is a PMI company, for ten years 19 as a loss mitigation manager. 20 Q. So it pretty much covers the past ten years if we 21 include CMAC? 22 A. Correct. 23 Q. Fair enough. 24 Sir, have you ever been employed by Deutsche Bank 25 National Trust Company?

6 Page: 6 1 A. No, sir. 2 Q. Have you ever had the opportunity to speak with 3 anybody from Deutsche Bank National Trust Company? 4 A. No, sir. 5 Q. Sir, were you asked to come here today as the 6 Plaintiff in the case of Deutsche National Trust 7 Company, as Trustee under Pooling and Servicing 8 Agreement dated as of November the 1st, 2005, Morgan 9 Stanley Home Equity Loan Trust , Mortgage 10 Pass-Through Certificates, Series ? 11 A. Yes. 12 Q. From now on, I'm going to call that the 13 Plaintiff. Is that okay? 14 A. That's fine with me. 15 Q. Have you ever spoken to that company? 16 A. No, I have not. 17 Q. Ever had any contact with that company whatsoever 18 in your lifetime? 19 A. Not other than servicing their loans. 20 Q. No with the Plaintiff, correct? 21 A. Correct. 22 Q. And never had a phone call? 23 A. No. 24 Q. How did you know to come here today as the 25 Plaintiff for Deutsche Bank?

7 Page: 7 1 A. Well, since we service their loans, this loan 2 came to me through my internal channels and asked me to 3 be assigned to appear at the deposition. 4 Q. You feel comfortable that you're here on behalf 5 of the Plaintiff? 6 A. Yes. 7 Q. How do you know that you're allowed to be here on 8 behalf of the Plaintiff? 9 A. Well, outside of trying to give you some sort of 10 a legal answer, which wouldn't be in my expertise, the 11 fact that we service the loan gives me a high level of 12 comfort that we're authorized to service the loan. 13 Q. Well, did you have any kind of an agreement to 14 service the loan that you're aware of? 15 A. I understand that would be the pooling and 16 servicing agreement. 17 Q. Well, do you have any other documents besides the 18 pooling and servicing agreement? 19 A. I don't know. 20 Q. Let me ask you some questions about the 21 Plaintiff, themselves. Can you tell me whether the 22 Plaintiff is incorporated? 23 A. I don't recall. 24 Q. Can you tell me what state they conduct their 25 business in?

8 Page: 8 1 A. I do not know. 2 Q. Can you tell me what their phone number is? 3 A. No, I cannot. 4 Q. Can you tell me where their corporate 5 headquarters are? 6 A. No. 7 Q. Can you tell me anything about how many employees 8 work there? 9 A. No. 10 Q. Can you tell me anything about the Plaintiff? 11 A. Not really. 12 Q. Then let's talk a little bit about what you do as 13 a servicer. What is your job at OCWEN as a loan 14 analyst? 15 A. Well, as a loan analyst, I work in the law 16 department and have loan files assigned to me for things 17 such as mediation; hearings; trials; depositions; 18 generally, litigation-related scenarios where they 19 require a person to participate in it. 20 Q. Have you received any specialized training on how 21 to participate in a trial? 22 A. Basically, just on-the-job training working with 23 my boss to determine, you know, who the appropriate 24 parties are, if I need to escalate certain things, ask 25 certain questions, mostly relying on counsel to prepare

9 Page: 9 1 me for the individual matters. 2 Q. Do you post payments to current accounts? 3 A. No, I do not. 4 Q. Do you handle any accounts that aren't in 5 delinquency? 6 A. I haven't so far. 7 Q. In your job description, do you only handle 8 matters that are in litigation? 9 A. I don't know that it's specified in my job 10 description. But that's primarily the purpose for me 11 being employed at OCWEN. 12 Q. Well, do you service the loans; or you just 13 handle the litigation side of it? 14 A. OCWEN services the loan. 15 Q. Do you, personally, service the loans; or do you 16 handle the litigation side? 17 A. I don't service the loan, no. 18 Q. When's the first time you came into contact with 19 this file? 20 A. Well, when it was first assigned to me 21 approximately -- I'm going to guess maybe three or four 22 weeks ago. 23 Q. Do you know why it came to your attention? 24 A. Well, in looking at the complaint and the answers 25 and interrogatories, it seems to me that there is some

10 Page: 10 1 issues being contested by the borrower. 2 Q. Was there a specific reason why it came to your 3 attention three or four weeks ago and not before? 4 A. I don't know. 5 Q. What was the first thing you did on the file? 6 A. I contacted counsel and made her aware -- made 7 them aware that I was assigned to it and gave them my 8 contact information. 9 Q. Was this file handled by somebody else before 10 you? 11 A. I do not know. 12 Q. Do you have notes on your system? 13 A. Yes. 14 Q. In those notes, does it reflect that somebody 15 else was handling the file before you? 16 A. No, it does not. 17 Q. What is reflected in your file notes, generally? 18 A. Generally, they're service-related; payments 19 being applied, letters or documents being generated, 20 late notices, reinstatement requests, things along those 21 nature. 22 Q. Did you make any of those notes in this file? 23 A. No, I did not. 24 Q. Do you typically make file notes? 25 A. No.

11 Page: 11 1 Q. Is it the legal analyst's job, generally, to make 2 notes in the servicing records? 3 A. No. 4 Q. Do you know who answered the interrogatories in 5 this case? 6 A. No, I do not. 7 (Defendant's Exhibit No. 1 marked for identification.) 8 BY MR. KORTE: 9 Q. Let me take you a little bit through this 10 particular matter as it relates to the defenses being 11 raised, if that's okay. I'm going to hand you what's 12 been marked as Defendant's 1, which is the complaint in 13 this case. Sir, have you seen this document before? 14 A. Yes, I have. 15 Q. When did you see it? 16 A. I don't know the date. Several weeks ago. 17 Q. And as you sit -- you reviewed it today? 18 A. Yes. 19 Q. I'd like for you to turn to page five of Exhibit Do you see there where it's marked count two, the 21 establishment of a lost note? 22 A. Yes. 23 Q. Do me a favor and review that entire section from 24 paragraph twenty-three to thirty, and let me know when 25 you're done.

12 Page: 12 1 A. Okay. I'm done. 2 Q. Do you have any reason to believe that any 3 statement contained in count two of the complaint is 4 inaccurate. 5 A. No. 6 Q. Then let me ask you: When did the Plaintiff 7 receive the note that's the subject matter of this 8 litigation? 9 A. I do not know. 10 Q. Well, was the note ever lost? 11 A. According to this document, it was. 12 Q. I'm not asking according to the document. I'm 13 asking you from your personal knowledge, sir. Do you 14 have any personal knowledge the note was ever lost? 15 A. I do not know. 16 Q. Is there any indication on your system the note 17 was ever lost? 18 A. Not to my knowledge. 19 Q. We've been talking a little bit about your 20 system. Can you do me a favor and tell me if it's the 21 system of OCWEN or the system of the Plaintiff? 22 A. Would be the system of OCWEN. 23 Q. You don't have access to the system of the 24 Plaintiff, do you? 25 A. No.

13 Page: 13 1 Q. You haven't seen any of the systems from the 2 Plaintiff at anytime? 3 A. No. 4 Q. Have you seen any documents created by the 5 Plaintiff? 6 A. No. 7 Q. I'd like for you to go back a little further in 8 Defendant's 1, sir, and find the note and let me know 9 whether you found it. I believe it's the last two 10 pages. 11 A. I have it. 12 Q. Sir, can you tell me who the lender is in this 13 case on that note? 14 A. Lender is Wilmington Finance, a division of AIG 15 Federal Savings Bank. 16 Q. Can you tell me how the Plaintiff is claiming to 17 enforce this note if it's not the lender? 18 MS. KLEIN: Objection. 19 THE WITNESS: Traditionally, there's an 20 Allonge to these notes. 21 BY MR. KORTE: 22 Q. Is there an Allonge attached to this note? 23 A. There doesn't seem to be one attached to this 24 exhibit. 25 Q. Let me ask you, before coming here today, did you

14 Page: 14 1 have an opportunity to go through your scanned records 2 back at OCWEN? 3 A. Yes. 4 Q. Was there a note contained within your scanned 5 records? 6 A. Yes. 7 Q. The scanned records that you have back at OCWEN, 8 is it a bulk scan that is of a single file with multiple 9 documents contained in it; or is it multiple files, each 10 with a separate file name? 11 MS. KLEIN: Objection. 12 THE WITNESS: I'm not sure I can answer that 13 correctly. But our image system has multiple file 14 folders in it. 15 BY MR. KORTE: 16 Q. Is one of the file folders the note for this 17 case? 18 A. I believe it's noted as a file folder. 19 Q. Did you have an opportunity to review that 20 document before you came here today? 21 A. Yes. 22 Q. Is the note attached to the complaint 23 substantially similar to the one you reviewed on your 24 system? 25 A. It appears to be.

15 Page: 15 1 Q. Are there any differences that you can recall 2 between the one that's in your system and the one that 3 we have here today? 4 A. I can't recall. 5 Q. Can you tell me the date that the Plaintiff 6 purchased the note in question today? 7 A. The date they purchased it? 8 Q. Yes, sir. 9 A. No. I don't know the specific date. 10 Q. Do you know who they purchased it from? 11 A. Specifically, no. However, traditionally, as I 12 understand it, when these pools are formed, a depositor 13 places specific loans into the pool. Then a trustee and 14 a mortgage holder and certain servicers are selected. 15 Q. Do you have any personal knowledge as to whom the 16 trust purchased the loan from? 17 MS. KLEIN: Objection. 18 THE WITNESS: It's my understanding, under 19 the pooling and servicing agreement, that it's purchased 20 from the original lender and placed into the pool by the 21 depositor. 22 BY MR. KLEIN: 23 Q. What was done in this case? 24 A. The pooling and servicing agreement indicates 25 that Morgan Stanley was the depositor.

16 Page: 16 1 Q. I'm not referring to the loan servicing 2 agreement. I'm asking you what happened. You're the 3 Plaintiff. You're here today as the Plaintiff. What 4 happened? 5 A. I can't recall. 6 Q. Do you know how the note was paid for? Was it 7 paid for by check or wire or some other method? 8 A. I would not know. 9 Q. Can you tell me the date that the note and 10 mortgage were physically transferred to the trust, if 11 ever? 12 A. No. 13 (Defendant's Exhibit No. 2,3,4 marked for 14 identification.) 15 BY MR. KORTE: 16 Q. I'm going to hand you what's been marked as 17 Defendant's 2. This is the notice of compliance. Sir, 18 I'd like for you to take an opportunity to review this 19 document. Tell me if you recognize it. 20 A. I don't recall seeing this document. 21 Q. I'd like you to turn to the last page of the 22 composite exhibit. Are you there, sir? 23 A. I'm there. 24 Q. Can you tell me what that is? 25 A. That is an Allonge to the note.

17 Page: 17 1 Q. Do you know when this document was created? 2 MS. KLEIN: Objection. 3 THE WITNESS: No, I don't. 4 BY MR. KORTE: 5 Q. Do you know when this document was attached to 6 the note? 7 A. No. 8 Q. Do you see there's a name of a person who signed 9 this document at the bottom of the Allonge? 10 A. Yes. 11 Q. Do you know that person? 12 A. No. 13 Q. Do you see where it says, title designated 14 signer? 15 A. Uh-huh. 16 Q. Do you know what that means? 17 A. No, I don't. 18 Q. This Allonge was not contained within your scan 19 system, correct, sir? 20 A. I don't know. 21 Q. Have you ever seen it? 22 A. I can't recall if I've seen it or not. 23 Q. Do you know if the Allonge referenced in 24 Defendant's 2 was affixed to the note before the filing 25 of this action?

18 Page: 18 1 A. I do not know. 2 Q. Do you know if this note had been negotiated to 3 any third parties other than Deutsche Bank from 4 Wilmington Finance a division of AIG? 5 A. I do not know. 6 Q. Do you know where the note is normally kept, sir? 7 A. Normally, OCWEN would keep it in our vault. 8 Q. Why would OCWEN keep the note? 9 A. We keep all the collateral documents that are 10 shipped to us. 11 Q. When was this document shipped to you? 12 A. I do not know. 13 Q. Do you know if OCWEN scanned the collateral file 14 upon receipt of it? 15 A. That's traditionally what we do. 16 Q. Is there any note in your system that wasn't done 17 in this case? 18 A. No. 19 Q. Does the scan indicate a date that it was 20 scanned? 21 A. Yes. 22 Q. Can you recall the date that the note in this 23 case was scanned? 24 A. No. 25 (Defendant's Exhibit No. 5 marked for identification.)

19 Page: 19 1 BY MR. KORTE: 2 Q. I'm going to hand you what's been marked as 3 Defendant's No. 5, the pooling and servicing agreement. 4 Sir, have you ever seen that document before today? 5 A. No. 6 Q. Have you had an opportunity to review it at any 7 time before today? 8 A. No. 9 Q. Did anybody ever tell you it existed besides your 10 lawyers? 11 A. I hadn't had a conference about it with anybody 12 besides my lawyers; so the answer to that would be, no. 13 Q. What is your understanding of what that document 14 is? 15 A. Well, it's my understanding that this document 16 outlines the terms regarding the individuals involved in 17 the pooling and servicing -- this particular trust. 18 Traditionally, it outlines who the authorized parties 19 are with regards to who's going to be designated as the 20 trustee and who's going to be designated as the X, Y, Z 21 servicers, the depositors. 22 Q. Well, can you tell me whether OCWEN was named as 23 a servicer in that document? 24 A. No, I cannot. 25 Q. Do you know if OCWEN was ever named as a servicer

20 Page: 20 1 in that document? 2 A. I do not know. But I don't think that we were 3 named as a servicer in this document. 4 Q. Were you named ever in that document in any 5 capacity? 6 A. I do not know. 7 Q. Do you know who the servicer is named in that 8 document? 9 A. HomEq is named as one of the servicers. 10 Q. How is OCWEN the servicer when the pooling and 11 servicing agreement called for HomEq to be the servicer? 12 A. We acquired the loan portfolio of HomEq. 13 Q. What does that mean? 14 A. It means that the loans that they were servicing 15 we are now servicing. 16 Q. When did that happen? 17 A. It happened in And the majority -- the 18 vast majority of the loans were on our system, and 19 servicing began on September 1st of Q. When was this loan boarded to your system? 21 A. September 1, 2010, is when the servicing began. 22 Q. What, specifically, was boarded to your system on 23 September the 1st, 2010? 24 A. The loan records into our computer system. 25 Q. When you say, "the loan records," what do you

21 Page: 21 1 mean by that? 2 A. The system information regarding the borrower's 3 name, address, origination data, the data that came over 4 on the records from HomEq regarding the due dates and 5 the various and assorted loan balances, escrows, all the 6 pertinent information a servicing system needs in order 7 to be able to continue to service a loan once data is 8 populated into our system from their records. 9 Q. What, specifically, was done to insure the 10 accuracy of the information that was downloaded from 11 HomEq? 12 A. It's my understanding that OCWEN put a tremendous 13 effort and deployed hundreds of employees to HomEq's 14 site to perform due diligence before the servicing 15 transfer took place. And our loan setup department also 16 did due diligence once the data was imported into our 17 system to insure that the records were accurate. 18 Q. So the data was directly imported from HomEq? 19 A. Correct. 20 Q. What, specifically, was done in this case, if you 21 know, to assure the accuracy of the records? 22 A. I couldn't tell you. I don't know. 23 Q. When you said that hundreds of employees were 24 doing due diligence before the acquisition, is that the 25 acquisition department of OCWEN who was doing due

22 Page: 22 1 diligence on the purchase? 2 A. Correct. 3 Q. They were making sure that it was worth what they 4 were going to pay for it? 5 A. I suppose that's what they would be doing during 6 due diligence. 7 Q. Do you know if OCWEN purchased this loan or if 8 they just purchased the servicing rights? 9 A. We acquired the servicing rights. 10 Q. When a payment is received by OCWEN, who do they 11 send money to? 12 A. I'm sorry? 13 Q. When the payment is received by OCWEN, in this 14 case, who would it send the money to? 15 A. The mortgage holder or the investor. 16 Q. Who is that? 17 A. Deutsche. 18 Q. Is Freddie Mac involved in this file at all? 19 A. I don't know. 20 Q. Fannie Mae? 21 A. I don't know. 22 Q. Is this loan subject to any repurchase agreement 23 that you're currently aware of? 24 A. I'm not aware of any repurchase agreement. 25 Q. Sir, contained in the pooling and servicing

23 Page: 23 1 agreement, would you agree with me that it controls 2 whether or not parties to the pooling and servicing 3 agreement can perform specific duties? 4 A. That's probably a fair statement. 5 Q. Would you agree with me that the trustee is bound 6 by the terms of the trust? 7 MS. KLEIN: Objection. 8 THE WITNESS: I don't know if I'd agree with 9 it or not, but I wouldn't disagree with it. 10 BY MR. KORTE: 11 Q. Let me ask it in a more direct way. As the 12 Plaintiff, are you bound by the terms of the trust? 13 A. Yes. I think that's a fair statement. 14 Q. Would you agree with me that the trust agreement 15 calls for the application of New York law? 16 A. I have no knowledge of that. 17 Q. Would you agree with me that Section 2.01 and of the pooling and servicing agreement require that 19 the trust take physical possession of the note, mortgage 20 and loan file before the close date of the trust? 21 MS. KLEIN: Objection. 22 THE WITNESS: Could you repeat that so I 23 could look it up? 24 BY MR. KORTE: 25 Q. I'm asking for your personal knowledge. If you

24 Page: 24 1 don't know, you don't know. That's fine. 2 A. I'm not aware, no. 3 Q. Can you tell me what the close date is of the 4 trust? 5 A. 11/29/05, I believe, is the close date. 6 Q. How do you know that? 7 A. I'm looking at it right here on the top of the 8 document, the pooling and servicing agreement. 9 Q. Other than reviewing the pooling and servicing 10 agreement, are you aware of it? 11 A. No. 12 Q. Are you aware of the tax penalties that the trust 13 will incur if it doesn't place the loans within the pool 14 appropriately? 15 A. No. 16 Q. How does the Plaintiff know that this loan and 17 note were placed in this pool? 18 A. I'm not sure. 19 Q. Well, would you agree with me that the complaint 20 doesn't have any indication of an assignment of the note 21 to this Plaintiff? 22 A. Could I see the complaint, again? 23 Q. Right here. 24 A. Which one is it? 25 Q. 1.

25 Page: 25 1 A. What was that question, again? Just to clarify. 2 Q. Would you agree with me that there is no 3 assignment or endorsement on the note sending this note 4 to the Plaintiff's pool on Defendant's 1? 5 A. I'm almost thinking that requires a legal answer 6 because the note has an Allonge endorsing it in blank. 7 Q. As to Defendant's 1, is there an Allonge 8 contained on the note? 9 A. I think we determined there was no Allonge 10 attached to this particular exhibit. 11 Q. You would agree with me that there is no 12 assignment to this pool contained in Defendant's 1? 13 A. No. Correct. 14 Q. As to Defendant's 2, which is the supplemental 15 filing which has the Allonge in it, would you agree with 16 me that assignment or Allonge is in blank? 17 A. Yes. 18 Q. Is there any way to determine from that document 19 that the note was properly placed or ever placed in this 20 pool? 21 A. Not from this document, no. 22 Q. Is there any other document you would rely upon 23 to determine whether or not this note was placed in the 24 pool? 25 A. The -- to whether the note was placed in the

26 Page: 26 1 pool? 2 Q. That's the question, sir. 3 A. I'm not aware of any other document. 4 Q. How would we figure out if the note was properly 5 placed in the pool? 6 MS. CRANDALL: Objection. 7 THE WITNESS: I don't know the answer to 8 that question. 9 BY MR. KORTE: 10 Q. Do you know who caused this complaint to be 11 filed? Was it the Plaintiff, or was it the servicer? 12 MS. KLEIN: Objection. 13 THE WITNESS: I believe it would have been 14 the servicer acting within the scope of the pooling and 15 servicing agreement. 16 BY MR. KORTE: 17 Q. It's the Plaintiff's position that the servicer 18 can file a complaint in the name of the Plaintiff -- in 19 the name of the trust? 20 A. In the name of the mortgage holder. 21 Q. Okay. 22 A. Which traditionally is the trustee for the 23 pooling and servicing agreement. 24 Q. Do you have any personal knowledge as to whether 25 the Plaintiff in this case is actually aware of

27 Page: 27 1 litigation in this particular matter? 2 MS. CRANDALL: Objection. 3 THE WITNESS: I believe they are. 4 BY MR. KORTE: 5 Q. Do you have any personal knowledge as to whether 6 they are aware? 7 A. No. 8 Q. Is there some assignment of mortgage that's been 9 recorded giving Deutsche the right to foreclose this 10 property that you're aware of? 11 A. I thought there was an assignment of mortgage in 12 this package of documents that counsel had sent me to 13 review. 14 Q. Do you know if that assignment of mortgage 15 contained a company called Mortgage Electronic 16 Registration Systems? 17 A. I don't recall. I'd have to review the document, 18 again. 19 Q. Do you know who caused the assignment of mortgage 20 to be executed? 21 A. I'd need to see the document. I can't recall. 22 (Defendant's Exhibit No. 6 marked for identification.) 23 BY MR. KORTE: 24 Q. I'm going to hand you what's been marked as 25 Defendant's 6. Do you know when this document was

28 Page: 28 1 created? 2 MS. KLEIN: Objection. 3 THE WITNESS: No. I can't really tell when 4 it was created. 5 BY MR. KORTE: 6 Q. Can you tell me who the parties are to it? 7 A. MERS, as nominee for Wilmington Finance, a 8 division of AIG Federal Savings Bank. They're noted as 9 the assignor. Deutsche Bank National Trust Company, as 10 trustee under -- let's just call it the pooling and 11 servicing agreement is listed as the assignee. 12 Q. I'd like you to turn to -- I believe it's page 13 two of the document, sir. 14 A. Yes. 15 Q. Do you see the signatures there? 16 A. Yes. 17 Q. Do you have any personal knowledge as to whether 18 or not Joyce Nelson is the assistant secretary for MERS? 19 A. No. 20 Q. Or Noriko Colston is an assistant secretary for 21 MERS? 22 A. No. 23 Q. Do you know where these people work? 24 MS. KLEIN: Objection. 25 THE WITNESS: No, I don't.

29 Page: 29 1 BY MR. KORTE: 2 Q. Do you know whether or not they are in any way, 3 shape or form associated with MERS? 4 A. I don't have any personal knowledge of that. 5 Q. Sir, do you know how much the Plaintiff is asking 6 for in this case? 7 A. No. I don't know the grand total. 8 Q. Do you know how the Plaintiff came to a damage 9 calculation, generally? 10 A. Generally, they provide the figures which consist 11 of the principle balance; accrued interest; escrow 12 advances; any other type of corporate fees that have 13 been advanced, such as, attorneys' fees and costs that 14 we've received, billings for late charges, et cetera; 15 and the court filing costs. 16 Q. When OCWEN took this file over, the case was 17 already in litigation, correct? 18 A. Correct. 19 Q. Would it be fair to say that any calculation of 20 damages or principle amount would rely on HomEq 21 documentation? 22 MS. KLEIN: Objection. 23 THE WITNESS: Yes. 24 BY MR. KORTE: 25 Q. Were there any servicers before HomEq?

30 Page: 30 1 A. Not to my knowledge. 2 Q. Could there have been? 3 MS. KLEIN: Objection. 4 THE WITNESS: Yes, there could have been. 5 BY MR. KORTE: 6 Q. Do you know how many parties possessed the 7 original note between the time of its making and today? 8 MS. CRANDALL: Objection. 9 THE WITNESS: No, I don't. 10 BY MR. KORTE: 11 Q. Is there any way to determine, that you're aware 12 of, who had the note between the time of its making and 13 today? 14 A. Probably by checking each individual servicer's 15 records. 16 Q. You can't tell me, besides HomEq, if there were 17 any other servicers? 18 A. Traditionally, there is a bit of a lag from the 19 time the loan closes until the time it's placed with a 20 servicer. And, in those scenarios, the originating 21 lender may receive a few of the first payments which are 22 generally applied to the loan. Then the records are 23 sent over to the servicer. 24 Q. I think you testified earlier that OCWEN 25 generally takes original documents when it gets a loan

31 Page: 31 1 delivered to it? 2 A. Most of the time, correct. 3 Q. Do you know from what entity the original 4 documents were delivered to OCWEN? 5 A. In this case, no, I don't know. 6 MR. KORTE: I don't have anything further 7 for you today. 8 MS. KLEIN: No questions. 9 MR. KORTE: Sir, you have the opportunity to 10 read or waive your deposition. By reading your 11 deposition, you have the opportunity to have an errata 12 sheet produced. If you believe that the court reporter 13 has taken it down inaccurately, you can make 14 corrections. If not, you can waive that right. 15 THE WITNESS: I don't think I want to waive 16 that right. 17 (Proceedings concluded at 3:55 o'clock p.m.)

32 Page: 32 1 CERTIFICATE OF OATH 2 3 STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 6 I, Rachele L. Cibula, the undersigned authority, 7 certify that HOWARD HANDVILLE personally appeared before 8 me and was duly sworn Witness my hand and official seal this 10th day of 11 March, RACHELE CIBULA Notary Public, State of Florida 21 My Commission #DD Expires: December 3,

33 Page: C E R T I F I C A T E 3 THE STATE OF FLORIDA) 4 COUNTY OF PALM BEACH) 5 6 I, Rachele Lynn Cibula, Notary Public, State of 7 Florida at Large, 8 DO HEREBY CERTIFY that I was authorized to and did 9 stenographically report the foregoing deposition; and 10 that the transcript is a true and correct transcription 11 of the testimony given by the witness. 12 I FURTHER CERTIFY that I am not a relative, employee, 13 attorney or counsel connected with the action, nor am I 14 financially interested in the action. 15 Dated this 10th day of March, RACHELE LYNN CIBULA, NOTARY PUBLIC 24 25

34 Page: 34 1 RULE FLORIDA RULES OF CIVIL PROCEDURE PROVIDES 2 3 (E) ANY CHANGES IN THE FORM OR SUBSTANCE WHICH THE 4 WITNESS DESIRES TO MAKE SHALL BE ENTERED UPON THE 5 DEPOSITION BY THE OFFICER WITH A STATEMENT OF THE 6 REASONS GIVEN BY THE WITNESS FOR MAKING THEM. 7 8 PAGE LINE CHANGE REASON