beth cottrell deposition part ii

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT PALM BEACH COUNTY, FLORIDA - - Chase Home Finance, LLC, : : Plaintiff, : : vs. : Case No. : 50-2009-CA-026599 Thomas W. Fleming, : et al., : : Defendants. :

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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DEPOSITION OF BETH ANN COTTRELL - - -

- - ANN FORD REGISTERED PROFESSIONAL REPORTER - - -

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Tuesday, May 18, 2010 8:56 o'clock a.m. Anderson Reporting Services, Inc. 3242 West Henderson Road Columbus, Ohio 43220

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APPEARANCES: JOSEPH MANCILLA, Attorney at Law Florida Default Law Group, P.L. 9830 Southwest 77th Avenue Suite 210 Miami, Florida 33156 (305) 662-4110 Ext. 4215 jmancilla@defaultlawfl.com On behalf of the Plaintiff. DUSTIN ZACKS, Attorney at Law Ice Legal 1975 Sansburys Way Suite 104 West Palm Beach, Florida (561) 793-5658 dustinzacks@icelegal.com On behalf of the Defendants.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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Page 3 I N D E X - - PAGE 4

WITNESS BETH ANN COTTRELL Cross-Examination (By Mr. Zacks) - - -

EXHIBITS

Defendant's Exhibit A (Amount Due Affidavit) Defendant's Exhibit B (Notice of Deposition Duces Tecum) Defendant's Exhibit C (Incumbency Certificate) Defendant's Exhibit D (3270 Explorer Document) Defendant's Exhibit E (3270 Explorer Document) Defendant's Exhibit F (Screen Shot)

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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MARKED 5 34

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Page 4 P R O C E E D I N G S - - BETH ANN COTTRELL,

being by me first duly sworn, as hereinafter certified, deposes and says as follows: CROSS-EXAMINATION

BY MR. ZACKS:

please.

plaintiff.

BY MR. ZACKS:

Mr. Mancilla have agreed, we have stipulated that the answers taken in the deposition yesterday in the case of Chase Home Finance versus Koren, the answers given yesterday that were not specific to the Koren case may be used for today's deposition. MR. MANCILLA:

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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All right.

If you would state your name,

Beth Cottrell. And Dustin Zacks here for the defendant. MR. MANCILLA: Joseph Mancilla for the

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And your title.

Operation supervisor. And your employer. Chase Manhattan.

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or d. au FrChase Home Finance. If we could, myself and That's correct.

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Page 5 MR. ZACKS: I'll introduce the first

exhibit, Exhibit A. - - And thereupon, Defendant's Exhibit A was

marked for purposes of identification. - - -

BY MR. ZACKS:

document.

your signature?

paragraph that you appeared upon oath, deposed on personal knowledge.

oath before you signed this document? Yes.

knowledge; is that accurate?

everything in this affidavit that you testified to? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

cloYes.

And I'll ask you if you recognize this

And can you tell me what it is, please. It's an amount due affidavit. And on the second to last page, is that

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And it states in the introductory

And it states that it's on personal

It is based on what the staff --

So do you have personal knowledge of

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First of all, did you take an

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Page 6 No. Paragraph 1 states that "The affidavit was

submitted for the purpose of showing that there was no genuine issue as to any material fact." Did you

have personal knowledge of that statement when you signed this document? No. Did you do anything to verify that

statement?

enforce the note and mortgage."

knowledge of that statement or did you when you signed this document? No.

statement prior to signing this document? No.

that plaintiff is entitled to a judgment as a matter of law." statement? No. Did you have personal knowledge of that

statement before signing this document?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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Next, "That plaintiff is entitled to Do you have personal

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Did you do anything to verify that

And finally, "For the purpose of showing

And did you do anything to verify that

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Page 7 No. Paragraph 2 states that you're assistant Your actual title

secretary of Chase Home Finance. you said is operation supervisor. Yes.

And do your duties change as you sign as

assistant secretary or do your -- does your day-to-day job description change? Only that I'm authorized to sign these

documents.

extra meetings to attend or extra supervisors to report to based on the fact that you also have this alternate title of assistant secretary. No.

familiar with the books of account and have examined all books, records, and documents kept by Chase concerning the transactions alleged in the complaint."

records, and documents prior to signing this affidavit? No.

documents concerning the transactions alleged in the Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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So you don't have any extra duties or

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Also in paragraph 2 states "That you are

Were you familiar with all the books,

Did you look at any books, records, and

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complaint prior to signing this document? No. It goes on to say "The books, records, and

documents are kept by Chase Home Finance in the regular course of its business as servicer of the loan transaction." Is Chase the servicer of this

see if plaintiff owned the loan? No.

state that Chase would keep these documents in the regular course of its business as servicer of the

loan transaction rather than just saying Chase has these records because they own the loan?

basically the Chase Home Finance listed as the servicer gives us the right to sign.

was owned by someone else?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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And does Chase also own the loan?

And how do you know? They're listed as the plaintiff. And did you look at any other document to

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Any reason to know why the affidavit would

If the loan were owned by somebody else --

And do you know in this case if the loan

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Page 9 Previously, no. Do you know who would have more knowledge

of that? The folks that have the file in Monroe. And that's in Monroe, Louisiana. Yes. And that's where -- well, tell me what's

a custodial vault that would hold the original note, if any, and the original mortgage, if any? Yes.

Monroe, Louisiana?

would be, the title policy, the assignments, if any. Those documents, the originals would be

kept in Monroe and you would have access to see those documents through iVault if you so chose, correct? Yes.

guess, pertinent to the foreclosure action. Yes.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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The original files. And by original files, are you speaking of

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Do you know what else would be stored in

In addition to the note, the mortgage

And that would include all documents, I

When you look at a document on iVault, are

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they color copies? No. Are any documents color copies on iVault? Not that I'm aware of. Do you know if in this case any documents

in the iVault were color copies? No. No, you don't know -I don't --- or -None of them are color copies. And how do you know? When did you look at

the iVault records pertinent to this case? I looked at some yesterday. And what did you look at? Just the amount due affidavit. Actually,

that that was imaged. remember.

It was the Koren file.

scanned into iVault? Yes.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

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It wasn't the affidavit because I do