citimortgage's christine odom's deposition and exhibits

8/7/2019 CitiMortgage's Christine Odom's Deposition and exhibits

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Florida Court Reporting 561-689-0999

1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

2 IN AND FOR PALM BEACH COUNTY, FLORIDA

3 CASE NO. 50-2009 CA 043986

4

5CITIMORTGAGE, INC.,

6

Plaintiff(s),

7

vs.

8

MARIE ST. FORT AND MARIE ANDRE,

9

Defendant(s).

10 __________________________________ /

11

12

13

DEPOSITION OF CHRISTINE ODOM

14 TAKEN AT THE INSTANCE OF THE DEFENDANT(S)15

16

17

West Palm Beach, Florida

18 March 22, 2011

9:30 - 10:38 a.m.

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1 APPEARANCES:

2

3

4 SHAPIRO & FISHMAN, LLP

2424 N. Federal Hwy., Ste. 360

5 Boca Raton, Florida 33431

Attorneys for the Plaintiff(s)

6 By: CHAD M. MUNEY, ESQUIRE

MICHELLE B. BONDER, ESQUIRE

7 MARK C. HOLMBERG, ESQUIRE

8

9

10 KORTE & WORTMAN, P.A.

2041 Vista Parkway, Ste. #102

11 West Palm Beach, Florida 33411

Attorneys for the Defendant(s)

12 By: BRIAN K. KORTE, ESQUIRE.

1314

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25


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1 - - -2 I N D E X3 - - -4

WITNESS: PAGE

56 CHRISTINE ODOM7

Direct Examination by Mr. Korte 48

Cross Examination by Mr. Muney 419

Redirect Examination by Mr. Korte 431011

- - -12

E X H I B I T S13

- - -1415 NUMBER DESCRIPTION PAGE

16DEFT'S EX. 1 NOTICE/LIS PENDENS, COMPLAINT, ETC 8

17DEFT'S EX. 2 NOTICE/FILING COPY OF NOTE 8

18DEFT'S EX. 3 NOTICE OF HEARING 8

19DEFT'S EX. 4 DEFT'S MOTION/STRIKE AFFIDAVIT IN 8

20 SUPPORT OF PLTF'S MOTION/SUM. JDGMT21 DEFT'S EX. 5 PLFT'S RESPONSES/DEFT'S 1ST REQUEST 8

FOR PRODUCTION22

DEFT'S EX. 6 RE-NOTICE/TAKING DEPOSITION 122324 PLFT'S EX. 1 12/25/09 LETTER TO SHAPIRO & FISHMAN 4125


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1 Q. Okay. Where did you go to college?

2 A. Northlake in Irving, Texas.

3 Q. Can you give me the benefit of your

4 educational background from high school going -- your5 work background going from high school forward?

6 A. I worked for Revco Drugstore in approximately

7 1982. I worked for Drugs for Less, and then I started

8 in the mortgage industry in 1986 with Lomas &

9 Nettleton.

10 Q. Can you spell that for me?

11 A. L-o-m-a-s & Nettleton, which is

12 N-e-t-t-l-e-t-o-n. I then went to Lion Funding, which

13 merged with Sunbelt National. Then I went to

14 Associate's Financial, and then it was Nation Home

15 Equity. Then back to Associate's Financial, and then

16 to Centex Home Equity, which is now Nationstar, which

17 is my current employer.

18 Q. What job title were you hired for at Centex

19 Home Equity?

20 A. Assistant vice-president.

21 Q. What title do you currently hold today at

22 Nationstar?

23 A. Vice-president.

24 Q. What are the duties for a vice-president at

25 Nationstar?


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1 A. For my title, it's in the foreclosure

2 department. My current duties are ancillary

3 departments as far as the litigation for foreclosures,

4 referrals, any of the ancillary departments that deal5 with foreclosure.

6 Q. Anything else?

7 A. Vendor input or vendor setup, demand process,

8 acquisitions, compliance just for that area.

9 Q. Compliance for that area, you mean

10 acquisitions?

11 A. Compliance of the foreclosure, so new State

12 regulations. That's -- property preservation and

13 property inspections and hazard as it relates to

14 foreclosure hazard insurance.

15 Q. How many vice-presidents are there for

16 Nationstar who do what you do?

17 MR. MUNEY: Object to form.

18 THE WITNESS: Just me. Just one.

19 BY MR. KORTE:

20 Q. How many officers are in the corporate

21 structure at Nationstar that you're aware of that have

22 the same vice-president title as you?


24 THE WITNESS: Two other.

25 BY MR. KORTE:


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1 Q. Ma'am, when did you join Centex?

2 A. 1999.

3 Q. And you joined them as assistant

4 vice-president?5 A. Yes.

6 Q. Ma'am, you've been brought here today as the

7 person with the most knowledge from CitiMortgage, Inc.

8 with regards to the transfer of the Note, calculation

9 of damages and affidavits for amounts due and owing; is

10 that correct?

11 A. Yes.

12 Q. Ma'am, what is your relationship to CitiBank

13 Mortgage -- or Citi Mortgage? I'm sorry.

14 A. We are the new servicer.

15 Q. Is it your testimony that you're the -- that

16 Nationstar is the servicer for CitiMortgage?

17 A. No. CitiMortgage -- we acquired loans from

18 CitiMortgage.

19 Q. When you say "acquired loans from

20 CitiMortgage," what does that mean?

21 A. We are now the new servicer. CitiMortgage

22 was the servicer. We're now the new servicer.

23 Q. Would it be fair to say that CitiMortgage was

24 taken out of the -- out of this loan at some point in

25 time?


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1 A. I have --


3 THE WITNESS: I have a Power of Attorney on

4 behalf of CitiMortgage.5 BY MR. KORTE:

6 Q. Okay. Did Nationstar buy the loan itself or

7 just bought the servicing rights?


9 THE WITNESS: Can you clarify --

10 MR. KORTE: Sure.

11 THE WITNESS: -- your question?

12 MR. KORTE: Let's start with some easy ones.

13 I'm going to hand you what's going to be marked as

14 Defendant's 1, which is a copy of the complaint.

15 (Defendant Exhibit Nos. 1 through 5 were

16 marked for identification purposes only and are

17 attached hereto.)

18 (Document(s) handed to Counsel Muney.)

19 MR. KORTE: I have a spare, but go to either

20 one of them.

21 MR. MUNEY: Thanks.

22 (Document(s) handed to the witness.)

23 BY MR. KORTE:

24 Q. Ma'am, you've been handed what's been marked

25 as Defendant's 1.


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1 Have you ever seen this document before?

2 A. Yes.

3 Q. When is the first time that you saw this

4 document?5 A. Yesterday.

6 Q. Do you see on the front page of this

7 Defendant's 1 where it says the Plaintiff is

8 CitiMortgage?

9 A. Yes.

10 Q. Ma'am, does CitiMortgage own the mortgage

11 note in this case?


13 MR. KORTE: What's wrong with the form?

14 MR. MUNEY: It's a form objection.

15 MR. KORTE: What's wrong with it?

16 MR. MUNEY: You're asking her to state a

17 legal conclusion.

18 BY MR. KORTE:

19 Q. Okay. Does Citi own this Note that's the

20 subject matter of this litigation?

21 MR. MUNEY: Same objection.

22 THE WITNESS: It's kind of a legal term. I

23 don't know how to answer that.

24 BY MR. KORTE:

25 Q. Okay. You're here today as the person with


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1 the most knowledge regarding the transfer of the Note,

2 correct?

3 A. Correct.

4 Q. What was the day that CitiMortgage received5 the Note?

6 A. I do not know the -- I do not work for

7 CitiMortgage and do not work for Citi, so I don't know

8 that answer.

9 Q. You're here as the person with the most

10 knowledge in regards to CitiMortgage versus Marie

11 St. Fort, correct?

12 A. Yes.

13 Q. Case No. 2009 CA 043986, correct?

14 A. Yes.

15 Q. And I'm asking you as the person with the

16 most knowledge of the transfer of the Note the date the

17 Note was transferred to Citi, and you can't tell me the

18 answer to that question?

19 A. That is correct.

20 Q. What was the date that the Note was

21 transferred from Irwin Mortgage, if you know?

22 A. I don't know that question.

23 Q. What was date the Note was transferred to

24 Nationstar, if you know?

25 A. CitiMortgage is the holder of the Note, which


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1 has been sent to the attorneys.

2 Q. Well, let's back up.

3 Who owns the actual Note itself? Who is the

4 person who would receive payments if they were made?5 MR. MUNEY: I'm going to object to form.

6 That's two separate questions.

7 MR. KORTE: Okay.

8 MR. MUNEY: Can you split them up?

9 BY MR. KORTE:

10 Q. Well, you told me that Nationstar is now the

11 servicer, correct?

12 A. Correct.

13 Q. And it took over servicing from CitiMortgage,

14 correct?

15 A. Correct.

16 Q. Who does Nationstar forward its payments to

17 after it services the loan?


19 THE WITNESS: Fannie Mae.

20 BY MR. KORTE:

21 Q. Why does it send the payments to Fannie Mae,

22 if you know?

23 A. They're the -- the owner of the Note.

24 Q. Who was the owner before Fannie Mae, if you

25 know?


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1 A. I don't know.

2 Q. Do you know if CitiMortgage was ever the

3 owner of the Note?

4 MR. MUNEY: Object to form.5 THE WITNESS: I can't -- I can't answer that

6 question.

7 BY MR. KORTE:

8 Q. Okay. As person with the most knowledge of

9 the assignment of the Note, can you tell me in what

10 year the Note was assigned to CitiMortgage?

11 MR. MUNEY: I'm going to object to form.

12 Is that issue on your depo notice?

13 MR. KORTE: Can I mark that as six, please?

14 MR. MUNEY: And can you read back that last

15 question, please?

16 (Requested portion of record was read by the

17 reporter.)

18 (Defendant Exhibit No. 6 was marked for

19 identification purposes only and is attached

20 hereto.)


22 MR. MUNEY: I don't see any assignment of

23 note issue here.

24 MR. KORTE: Okay. Well, I'm asking you.

25 MR. MUNEY: Can you show me on that where it


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1 talks about assignment of note as your deposition

2 topic for today?

3 MR. KORTE: Absolutely, but I'm going to have

4 my question answered first, if she knows.5 THE WITNESS: No.

6 BY MR. KORTE:

7 Q. You don't know?

8 A. (Shakes head back and forth.)

9 Q. Ma'am, I'm going to hand you what's been

10 marked as Defendant's No. 6. I'm going to hand this to

11 your lawyer, which he was provided a copy of weeks in

12 advance of today's deposition.


14 MR. MUNEY: Right. It says "Transfer of

15 Note." It doesn't say "Assignment of Note."

16 MR. KORTE: No problem.

17 BY MR. KORTE:

18 Q. Then let's do this: Ma'am, do you know what

19 day or year the Note was transferred from Irwin

20 Mortgage to CitiMortgage, the Plaintiff in this case?

21 A. No.

22 Q. Okay. Before coming here today, did you

23 speak to anyone besides your lawyer to become

24 acquainted with the issues the transfer of the Note?

25 A. No.


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1 Q. Ma'am, before coming here today, other than

2 getting documents from your lawyers, did you review any

3 documents before this deposition to educate yourself

4 about the transfer of the Note?5 A. Can you -- can you clarify? Only about the

6 transfer of the Note?

7 Q. Ma'am, you're here today as the person with

8 the most knowledge in regards to the transfer of the

9 Note, correct?

10 A. Of the most knowledge of the -- of the

11 Complaint and so forth.

12 Q. I'm going to show you what's been marked as

13 Defendant's 5, ma'am.

14 Do you see the bold words here (indicating),

15 where I'm pointing to where it says "name"?

16 A. Can you restate your question then?

17 Q. As the person with the most knowledge of the

18 transfer of the Note, what documents did you review

19 before coming here today?

20 A. I reviewed our Mortgage, the Note, the

21 affidavits and the Complaint. That's all that I can

22 remember at this point.

23 Q. Did any of the documents that you reviewed

24 reference a date of transfer of the Note to

25 CitiMortgage?


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1 A. There was a Note with an endorsement that I

2 reviewed.

3 Q. Is that all you have that you reviewed that

4 had any indication of a transfer of the Note?5 A. Yeah, it was the -- if was the endorsement,

6 if I can remember correctly, on -- from Irwin to Citi.

7 I don't have the document in front of me.

8 Q. Okay. If you had the document, would that

9 tell you the date of the transfer?


11 THE WITNESS: I don't recall without the

12 document in front of me.

13 MR. KORTE: I'm going to hand you what's been

14 marked as Defendant's 2.

15 (Document(s) handed to Counsel Muney and the

16 witness.)

17 BY MR. KORTE:

18 Q. Ma'am, this is a Notice of Filing the copy of

19 the Note. If you could review that document and let me

20 know when you're finished.

21 A. Okay.

22 Q. Ma'am, after reviewing Defendant's 2, can you

23 tell me the date of the transfer the Note to

24 CitiMortgage?

25 A. It does not have a date.


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1 Q. That wasn't my question.

2 A. No, I cannot.

3 Q. Ma'am, if you look back at Defendant's No. 1,

4 please, and find the Note contained in Defendant's 1 --5 I apologize.

6 Ma'am, have you had an opportunity to look at

7 Defendant's 1, specifically the Note?

8 A. Yes.

9 Q. Ma'am, can you do me a favor and tell me if

10 there's an endorsement in blank on that Note.

11 A. No.

12 Q. Can you tell me when the endorsement found on

13 Defendant's 2 was added to that Note?

14 A. No.

15 Q. Would it be fair to say that all of your

16 knowledge regarding this case arises after the Note is

17 transferred from CitiMortgage to Nationstar?


19 THE WITNESS: Can you restate your question?

20 BY MR. KORTE:

21 Q. Sure. Would it be fair to say that all of

22 your knowledge regarding this Note arises after the

23 Note was transferred from CitiMortgage to Nationstar?


25 THE WITNESS: Can you restate the question


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1 another way?

2 BY MR. KORTE:

3 Q. Okay. Let's approach it in small pieces.

4 Did you ever speak to anybody from5 CitiMortgage about this Note?

6 A. No.

7 Q. Did you ever speak to anybody at Irwin about

8 this Note?

9 A. No.

10 Q. Did you ever have an opportunity to go

11 through Irwin's records?


13 THE WITNESS: No.

14 BY MR. KORTE:

15 Q. Would it be fair to say that the documents

16 that you told me about before that you reviewed before

17 coming here today are contained in the Nationstar

18 system?


20 THE WITNESS: Yes.

21 BY MR. KORTE:

22 Q. Other than reviewing the Mortgage, the Note

23 the affidavit and the Complaint, you didn't review any

24 of the documents that CitiMortgage may have had?



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1 THE WITNESS: You'll have to restate your

2 question. I reviewed the documents that Citi had

3 that are attached here.

4 BY MR. KORTE:5 Q. Okay. Did you physically go to CitiMortgage

6 at any time in your career to review their documents?

7 A. No.

8 Q. And you told me previously you never spoke

9 to -- you never spoke to anybody from CitiMortgage?

10 A. Regarding this loan.

11 Q. Correct. And you never physically went to

12 Irwin Mortgage either, correct?

13 A. Correct.

14 Q. Do you know if there were any other parties

15 between the time of the making of the Note by Irwin and

16 the time of the delivery of the documents to

17 CitiMortgage?


19 THE WITNESS: I don't have the knowledge on

20 that, no.

21 BY MR. KORTE:

22 Q. Do you know who CitiMortgage got the Note

23 from?

24 A. No.

25 Q. Do you know if CitiMortgage was the servicer


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1 of the Note before Nationstar?

2 A. Yes.

3 Q. Do you know who they were servicing for?

4 MR. MUNEY: Object to form.5 THE WITNESS: No.

6 BY MR. KORTE:

7 Q. Do you know when Fannie Mae came into

8 ownership of this Note?

9 A. No.

10 Q. Do you have any personal knowledge as to

11 whether or not CitiMortgage was servicing for itself?


13 THE WITNESS: No, I do not.

14 MR. KORTE: Can you hand back six, please?

15 (Document(s) handed to Counsel Korte.)

16 BY MR. KORTE:

17 Q. Ma'am, you've also been brought here today to

18 discuss the calculation of damages, correct?

19 A. Correct.

20 Q. Can you tell me how the damages were

21 calculated in this case?


23 THE WITNESS: You'll need to restate your

24 question differently, please.

25 BY MR. KORTE:


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1 Q. Okay. What part of my question don't you

2 understand?

3 A. Well, your question, so if you can restate

4 it.5 Q. How much money is CitiMortgage seeking in

6 this case?

7 A. The amount that is in the Complaint as far as

8 the principal balance and the interest.

9 Q. Okay. Well, how much is the amount? How

10 much?

11 A. I don't have the current figures with me.

12 The figures in the Complaint are outdated.

13 Q. Okay. Well, can you tell me how the damage

14 calculation was actually done in this case?


16 THE WITNESS: How -- how they were done in

17 the Complaint?

18 MR. KORTE: No, ma'am.


20 MR. KORTE: Let me hand you back No. 6.


22 BY MR. KORTE:

23 Q. If you'd do me a favor and review the section

24 where you were brought here today as the person with

25 the most knowledge of the calculation of damages.


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1 Do you see that section, ma'am?

2 A. Yes.

3 Q. How were the damages calculated?

4 MR. MUNEY: I'm going to object to form.5 That was asked and answered.

6 MR. KORTE: There's no answer yet.

7 MR. MUNEY: She said it was the principal --

8 principal due plus the interest.

9 BY MR. KORTE:

10 Q. Is that the only way that it was done, ma'am?

11 A. And -- and expenses.

12 Q. Okay. So tell me, how much is the principal?

13 A. A hundred and seventy-two thousand, nine

14 twenty sixty-eight.

15 Q. And ma'am, how was that number arrived at?

16 A. The number would have been taken off the

17 system, the servicing system that would have been used

18 deducting any payments that were applied to the

19 account --

20 Q. And that would be the system --

21 A. -- from the origination.

22 Q. I apologize. I didn't mean to interrupt you.

23 A. That's okay.

24 Q. Ma'am, and that would have been the system of

25 CitiMortgage, correct?


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1 A. Correct.

2 Q. Do you have access to the CitiMortgage

3 system?

4 MR. MUNEY: Object to form.5 THE WITNESS: Not to their system.

6 BY MR. KORTE:

7 Q. Ma'am, so how do you know how they calculated

8 that number if you don't have access to their system?


10 THE WITNESS: Loans were and the data was

11 transferred to our company, so we have the data on

12 our system currently.

13 BY MR. KORTE:

14 Q. Before coming here today, ma'am, did you

15 review the amount of the principal?

16 A. Yes.

17 Q. Do you know how CitiMortgage got its numbers

18 to enter into the system that you ultimately took over

19 its data?



22 BY MR. KORTE:

23 Q. Ma'am, I think you told me earlier that this

24 loan was sometime originated by Irwin Mortgage,

25 correct?


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1 A. I did not tell you, but yes, it was.

2 Q. Okay. Do you know how Irwin Mortgage

3 calculated the principal balance?

4 MR. MUNEY: Object to form.5 THE WITNESS: I was not an employee of Irwin,

6 so I do not know.

7 BY MR. KORTE:

8 Q. And we don't know if there were any

9 intervening servicers or owners of this Note between

10 the time of the making by Irwin and the time it was

11 taken by Citi, correct?


13 THE WITNESS: I don't know that answer.

14 BY MR. KORTE:

15 Q. Do we know if there are any other records

16 besides those contained in Citi's mortgage?

17 A. State your question again?

18 Q. Do you know if there is any data by any other

19 parties besides CitiMortgage contained in

20 CitiMortgage's data that was taken by Nationstar?


22 THE WITNESS: No.

23 BY MR. KORTE:

24 Q. Would it be fair to say that your calculation

25 of damages, as you sit here today, is based upon the


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2 BY MR. KORTE:

3 Q. Ma'am, did you do any independent research

4 before coming here today to determine the validity of5 the principal balance number?


7 THE WITNESS: You need to restate that.

8 BY MR. KORTE:

9 Q. Okay. What did you do independently to

10 verify the validity of the $172,920.68 principal

11 balance claim?

12 MR. MUNEY: Object to form. Isn't that asked

13 and answered?

14 MR. KORTE: She asked me to restate it.

15 MR. MUNEY: Now it's restated. I think it

16 was asked and answered.

17 BY MR. KORTE:

18 Q. Ma'am, do you understand my question?

19 A. Yes.

20 Q. Can you tell me the answer?

21 A. Through our business records.

22 Q. You personally went through your business

23 records and independently verified that amount?




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1 BY MR. KORTE:

2 Q. Which business record did you go through to

3 make that calculation?

4 MR. MUNEY: Object to form. She didn't say5 she made a calculation.

6 THE WITNESS: Correct.

7 BY MR. KORTE:

8 Q. Okay. What documents did you review to come

9 up with a $172,920.68?

10 A. Our system records.

11 Q. Those are the system notes?


13 THE WITNESS: Our system payment histories.

14 BY MR. KORTE:

15 Q. Can you tell me about the system payment

16 histories, how it's recorded and calculated?


18 THE WITNESS: It shows the balances, and it

19 shows the payments and how they're subtracted from

20 the principal balance.

21 BY MR. KORTE:

22 Q. Are those computerized records, ma'am?

23 A. Yes.

24 Q. Did you review any physical records to verify

25 the accuracy of that number?


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1 MR. MUNEY: Object to form. What's a

2 physical record?

3 BY MR. KORTE:

4 Q. Ma'am?5 A. You'll have to restate your question.

6 Q. Okay. Do you know the difference between

7 computer records and paper records?

8 A. Not in your -- in the way you're stating it.

9 What kind of paper records are you asking about?

10 Q. Let me -- let me take it the really hard way

11 then.

12 Can you tell me on the very first payment how

13 much was applied to principal and how much was applied

14 to interest?

15 MR. MUNEY: I'm going to object to form and

16 also object that I don't see that on your depo

17 notice that you put payment history as a topic.

18 MR. KORTE: This is a calculation of damages,

19 and she can't tell me how she calculated them. I'm

20 going to go through these questions. You can

21 object all day long or instruct her not to answer.

22 MR. MUNEY: If you're going to go off your

23 depo notice to topics not requested for today, I'm

24 going to move for a protective order and end the --

25 end the depo.


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1 MR. KORTE: Fair enough.

2 BY MR. KORTE:

3 Q. Ma'am, let me ask the question so we have it

4 nice and clean so he doesn't terminate the deposition5 and it's easy for you to go through.

6 In calculating your damages, how much from

7 the very first payment was applied to principal and how

8 much was applied to interest?

9 MR. MUNEY: I'm going to object to form. She

10 said how --

11 MR. KORTE: Is that a speaking objection

12 again?

13 MR. MUNEY: It's not a speaking objection.

14 It's a concise, nonargumentative objection under

15 the Rules of Civil Procedure. I'm done.

16 BY MR. KORTE:

17 Q. Ma'am --

18 MR. MUNEY: And if she doesn't know,

19 regarding topics that weren't noticed --

20 MR. KORTE: Now that's a speaking objection.

21 MR. MUNEY: No, that's part of my form

22 objection.

23 BY MR. KORTE:

24 Q. Ma'am, as to the very first payment for

25 purposes of calculation of damages, how much was


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1 applied to principal, how much was applied to interest?

2 A. I do not have that information in front of

3 me, so I don't know.

4 Q. Can you tell me how much was applied to5 principal and interest for any of the payments?

6 A. I did not bring any of that information.

7 Q. For purposes of damage calculations, did you

8 review the calculation of principal and interest at any

9 time before coming here today?


11 THE WITNESS: Not to the calculation.

12 BY MR. KORTE:

13 Q. Ma'am, can you tell me how interest was

14 calculated in this particular case as it -- as a result

15 that relates to damages?

16 MR. MUNEY: Object to form. She's already

17 told you that.

18 THE WITNESS: In the Complaint, it states

19 here with interest from and after December 1st,

20 2008.

21 BY MR. KORTE:

22 Q. Can you tell me how much that is?

23 A. I don't have any current figures with me.

24 MR. KORTE: Ma'am, I'm going to hand you

25 what's been marked as Defendant's 4.


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1 (Document(s) handed to witness and Counsel

2 Muney.)

3 BY MR. KORTE:

4 Q. Ma'am, I'd like for you to go through that5 document and find -- there's an Affidavit of

6 Indebtedness attached thereto. Let me know when you've

7 found it.

8 Are you there, ma'am?

9 A. It doesn't say Affidavit of Indebtedness, but

10 I have an Affidavit in Support of Motion for Final

11 Summary Judgment. Is that what you're referencing?

12 Q. Yes, ma'am. Ma'am, I'd like you to turn to

13 the fourth page of that affidavit.

14 Have you seen this document before coming

15 here today, ma'am?

16 A. Yes.

17 Q. When was the first time you saw it?

18 A. Yesterday.

19 Q. Before coming here today, ma'am, did you

20 speak to anybody at CitiMortgage regarding this

21 affidavit?


23 THE WITNESS: No.

24 BY MR. KORTE:

25 Q. Who at CitiMortgage designated you as the


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1 person with the most knowledge of this affidavit?


3 THE WITNESS: I don't have the document in

4 front of me.5 BY MR. KORTE:

6 Q. Ma'am, the affidavit that is in front of you

7 as Defendant's 4, the one we just turned to --

8 A. Mm-hmm?

9 Q. -- who at Citi designated you as the person

10 with the most knowledge of the affidavit contained in

11 Defendant's 4?

12 MR. MUNEY: Object to form. I think she was

13 saying she didn't have some other document in front

14 of her, not this document.

15 THE WITNESS: I'm sorry. I didn't have -- I

16 don't have the Power of Attorney that gives me that

17 authority --

18 MR. KORTE: Okay.

19 THE WITNESS: -- to tell you who gave me that

20 power.

21 BY MR. KORTE:

22 Q. You're referencing a Power of Attorney that

23 gives you an authority to do this.

24 Have you seen this of Power of Authority

25 before? Or Power of Attorney before?


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1 A. Yes.

2 Q. Who was it executed by?

3 A. As I stated, I don't have the document in

4 front of me, so I don't -- I cannot tell you.5 Q. Do you know the date that it was executed?

6 A. It was September of 2010.

7 Q. All right, ma'am. Going back to the

8 affidavit itself, ma'am, do you see where it says

9 "preacceleration late charges" in Paragraph 14?

10 A. Yes.

11 Q. Ma'am, can you tell me how that was

12 calculated?


14 THE WITNESS: Since I did not sign the

15 affidavit --

16 MR. MUNEY: I think she answered this.

17 BY MR. KORTE:

18 Q. I'm sorry. Since you didn't sign the

19 affidavit, so finish your sentence.

20 A. I did not sign the affidavit, so...

21 Q. Do you know how the preacceleration late

22 charges were calculated?


24 THE WITNESS: I don't, no.

25 BY MR. KORTE:


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1 Q. Would -- do you know how any of these numbers

2 contained in Paragraph 14 were actually calculated?


4 THE WITNESS: They would have been from the5 business records of Citi.

6 BY MR. KORTE:

7 Q. Do you have any personal knowledge as you sit

8 here today of how they were calculated?


10 THE WITNESS: You'll need to restate your

11 question regarding what you're talking about,

12 calculation.

13 BY MR. KORTE:

14 Q. Sure. I'm referencing Paragraph 14 of

15 Defendant's 4 in the affidavit of before you.

16 Do you see that, ma'am?

17 A. Mm-hmm.

18 Q. Do you see where it says "principal due on

19 note and mortgage"? Do you see that section, ma'am?

20 A. Mm-hmm.

21 Q. You have to say "yes" or "no" or she can't

22 get that down.

23 A. Yeah, I already saw it.

24 Q. You have to say "yes" or "no" so she can get

25 you (indicating to court reporter).


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1 A. Oh, yes. I'm sorry.

2 Q. You can't say "uh-huh" or "uh-uh."

3 A. I'm sorry. Yes.

4 Q. Ma'am, as to that number on principal due, do5 you have any personal knowledge of how Citi calculated

6 that number?


8 THE WITNESS: We have that in our business

9 records.

10 BY MR. KORTE:

11 Q. As to the next number, the preacceleration

12 late charges, do you know how that number was

13 calculated by Citi when it made this affidavit?


15 THE WITNESS: We would still have that in our

16 business records.

17 BY MR. KORTE:

18 Q. I'm asking you about your personal knowledge.

19 Do you as you sit here today have any

20 personal knowledge of how that was calculated?

21 MR. MUNEY: Object to form. She answered by

22 saying it was in the business records.

23 MR. KORTE: Okay. And I'm --

24 MR. MUNEY: That's her answer.

25 MR. KORTE: I'm asking her personal


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1 knowledge. I'm clarifying my question.

2 BY MR. KORTE:

3 Q. Do you have any personal knowledge as to how

4 it was calculated?5 MR. MUNEY: Wait. I object. Can you clarify

6 if you meant did she read the business records or

7 did she -- was she involved in the calculations

8 that went into the business records?

9 BY MR. KORTE:

10 Q. Ma'am, how did you gain your personal

11 knowledge as to the amount of principal due on the Note

12 and Mortgage, if ever?

13 A. Through the business records, through the

14 payment histories.

15 Q. Those are the payment histories that you

16 received from Citi?

17 A. Yes, as well as the ones that we have -- have

18 since we acquired the loans.

19 Q. Well, how many payments have you received

20 since Nationstar took over the servicing of this loan?


22 THE WITNESS: I don't have the information in

23 front of me, but we have the business records.

24 BY MR. KORTE:

25 Q. Do you have the business records of Irwin


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1 Mortgage?

2 MR. MUNEY: Object to form as asked and

3 answered, I believe.

4 THE WITNESS: I don't know.5 BY MR. KORTE:

6 Q. Can you tell me how the line item at

7 Paragraph 14, preacceleration late charges, were

8 calculated in this case by the affiant?

9 MR. MUNEY: That's -- that's the same

10 question you just asked.

11 MR. KORTE: Well, that was as to principal

12 due. Now we're talking about the preacceleration

13 late charges.

14 MR. MUNEY: No, I think you asked about the

15 late charges too. I think that now you're down to

16 the next, the third line.

17 BY MR. KORTE:

18 Q. Well, let's talk about the interest due since

19 your lawyer wants to move on there.

20 How was that calculated?

21 MR. MUNEY: Object to form; asked and

22 answered. She pointed you to the business records.

23 BY MR. KORTE:

24 Q. Ma'am, as you sit here today, do you have any

25 personal knowledge from any source as to how the


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1 interest was calculated from December 1st, 2008 through

2 August 10, 2010?

3 A. Yes, through our business records.

4 Q. Which business records specifically?5 MR. MUNEY: Object to form.

6 THE WITNESS: Our payment histories.

7 BY MR. KORTE:

8 Q. Anything else?


10 THE WITNESS: It would be through the -- our

11 system. There's different screens, but...

12 BY MR. KORTE:

13 Q. Anything else other than your screens and the

14 payment histories?

15 A. Of course through reference to the Note.

16 Q. Since you bring up the Note, can you tell me

17 when Nationstar took physical possession of the Note,

18 if ever?


20 THE WITNESS: We have not.

21 BY MR. KORTE:

22 Q. Do your records reflect, if you know, whether

23 there's a bailee agreement between Fannie Mae and

24 Nationstar regarding the Note?



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1 THE WITNESS: State your question again?

2 BY MR. KORTE:

3 Q. Do you know whether or not Fannie Mae bailed

4 this loan to the Plaintiff for purposes of this5 litigation?

6 MR. MUNEY: Object to form. That's -- you

7 may want to give a better clarification of the

8 question.

9 THE WITNESS: Please.

10 MR. KORTE: No, that's my question.

11 MR. MUNEY: Well, if you don't --

12 THE WITNESS: Can you clarify it?

13 BY MR. KORTE:

14 Q. What part do you want me to clarify, ma'am?

15 MR. MUNEY: Hold on. If you don't understand

16 a question as it's asked or you don't know the

17 answer, that's a fine answer if you don't

18 understand or don't know.

19 THE WITNESS: Okay. I don't know.

20 MR. KORTE: I've now asked you to stop the

21 speaking objections. You've just intimated an

22 answer to a question that I had pending for which

23 your deponent has parroted the exact answer.

24 MR. MUNEY: I asked you to clarify the

25 question. You said you wouldn't and --


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1 MR. KORTE: And you then continue with your

2 speaking objections suggesting the answer to the

3 deponent.

4 MR. MUNEY: No, that's not what I did.5 MR. KORTE: That's exactly what you did.

6 MR. MUNEY: Well, you can rephrase the

7 question.

8 MR. KORTE: I'm not rephrasing the question.

9 MR. MUNEY: Okay.

10 BY MR. KORTE:

11 Q. Is there a bailee agreement between Fannie

12 Mae and the Plaintiff regarding this Note?

13 A. I don't know.

14 Q. At any time before coming here today, did you

15 have an opportunity to speak with the affiant of the

16 affidavit before you in Defendant's 4?

17 A. No.

18 Q. Did you ever reach out to the affiant before

19 coming here today?


21 THE WITNESS: No.

22 MR. KORTE: Ma'am, I have nothing further for

23 you today.

24 MR. MUNEY: We'll conclude and we'll read.

25 MS. BONDER: Rehabilitate?


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1 MR. KORTE: Outstanding. I guess they're

2 back on.

3 MS. BONDER: Can we just have a couple of

4 minutes?5 MR. MUNEY: Yeah. Let's take a break, and

6 we'll go over the notes from the depo, see if we

7 want to get into any redirect or any other

8 questioning.

9 Do you mind if we have a minute?

10 MR. KORTE: Not with the deponent.

11 MR. MUNEY: No?

12 MR. KORTE: No. She's on the stand.

13 MR. MUNEY: Right. Can we have a minute?

14 MR. KORTE: Sure. There's a conference room

15 right next door.

16 MR. MUNEY: Okay.

17 MS. BONDER: Okay. Thank you.

18 MR. MUNEY: I'd appreciate it if you don't

19 talk about anything while we're not here. If

20 that's going to be a problem, she should go to

21 another room.

22 MS. BONDER: She's still on the record. It's

23 okay.

24 MR. MUNEY: Okay.

25 (Mr. Muney, Ms. Bonder and Mr. Holmberg exit


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1 deposition room.)

2 (Off-the-record recess was had.)

3 (Plaintiff's counsel enter deposition room.)

4 MR. MUNEY: We're going to call this5 Composite Exhibit -- hold on a second.

6 I'd like to introduce Plaintiff's

7 Composite 1.

8 (Plaintiff Composite Exhibit No. 1 was marked

9 for identification purposes only and is attached

10 hereto.)

11 MR. MUNEY: Can you see? Did you see this

12 already?

13 (Document(s) handed to Counsel Korte.)

14 MR. KORTE: How can I see something already

15 that you just handed me?


17 CROSS EXAMINATION CHRISTINE ODOM

18 BY MR. MUNEY:

19 Q. Could you please describe Exhibit 1 in your

20 own words.

21 MR. KORTE: Object to form.

22 THE WITNESS: This is a bailee letter from

23 Citi sending the documents to Shapiro & Fishman,

24 the original Note and Mortgage, which they held

25 prior to filing of the Complaint.


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1 BY MR. MUNEY:

2 Q. And what's the date of that letter?

3 A. December 25th, 2009.

4 Q. So this letter demonstrates that the original5 Note and Mortgage were in possession of CitiMortgage

6 and mailed or shipped to their attorney, Shapiro &

7 Fishman, to initiate the foreclosure on December 25th,

8 2009?

9 MR. KORTE: Form.

10 THE WITNESS: Right.

11 BY MR. MUNEY:

12 Q. Is that correct?

13 A. Yes.

14 Q. And what -- you also have Defendant's

15 Exhibit 1 in front of you, correct?

16 A. Yes.

17 Q. And what is the date that this Complaint was

18 filed in the Court of Palm Beach?

19 A. December 31st, 2009.

20 Q. Okay. So although you were not sure the date

21 that CitiMortgage was transferred the Note and Mortgage

22 from the -- from Plaintiff's Exhibit 1, it's clear to

23 you that CitiMortgage did have possession of the Note

24 and Mortgage prior to the filing of the subject

25 foreclosure case?


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1 MR. KORTE: Form.

2 THE WITNESS: Correct. Yes.

3 MR. MUNEY: And just to -- nothing further.

4 REDIRECT EXAMINATION CHRISTINE ODOM5 BY MR. KORTE:

6 Q. Ma'am, a little redirect, if you don't mind.

7 I see that you were able to ascertain that the original

8 Note and Mortgage were transferred to Shapiro & Fishman

9 on or around December 2009 via the document handed to

10 you as --

11 MR. KORTE: Plaintiff's 1? How did you mark

12 it?

13 MR. MUNEY: Yes, Plaintiff's Composite

14 Exhibit 1, which is -- which comprises of two --

15 MR. KORTE: Two pages.

16 MR. MUNEY: Two pages.

17 BY MR. KORTE:

18 Q. Ma'am, show me the word "Note" on that

19 document, if you would. Just point out to me where it

20 says "transferring Note" to you.

21 MR. MUNEY: I'm going to object to form.

22 Those documents speak for themselves.

23 MR. KORTE: I'm asking her to point to the

24 document where it says "Note."

25 BY MR. KORTE:


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1 Q. Ma'am, where does it say "transferred Note"?

2 A. It does not.

3 Q. How are you able to surmise that the Note was

4 originally transferred when it doesn't say "Note5 transferred"?

6 A. The documents were attached to this letter,

7 the original Note and Mortgage.

8 Q. Ma'am, I apologize. Via Composite Exhibit 1

9 of the Plaintiff's making, show me where it says the

10 Note was transferred to them at any time.

11 A. Well, it states here "loan documents," which

12 in my terminology would be your Note and Mortgage.

13 Q. Well, were you present when this document was

14 drafted?

15 A. No.

16 Q. Have you seen the attachments to this

17 document?

18 A. Yes.

19 Q. You have seen the attachments? The original

20 document with the attachments, you've seen it?

21 A. Yes.

22 Q. Okay. And that document has originals

23 attached to it?

24 A. Yes.

25 Q. When did you see that document?


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1 A. Today.

2 Q. So you saw an original Note today?

3 A. Yes.

4 MR. KORTE: I have nothing further.5 You guys filed the original.

6 We're done. I'll take a copy expedited.

7 MR. MUNEY: We'll read, please.

8 - - -

9 (Witness excused.)

10 - - -

11 (Thereupon, at 10:38 a.m. the deposition

12 concluded.)

13

14

15

16

17

18

19

20

21

22

23

24

25


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1 CERTIFICATE OF OATH

2

- - -

3

4 THE STATE OF FLORIDA, )

)

5 COUNTY OF PALM BEACH. )

6

7

8 I, Wanda D. Good, the undersigned authority,

9 certify that CHRISTINE ODOM personally appeared before10 me and was duly sworn.

11

12

13

14

15 WITNESS my hand and official seal the 27th of

16 March, 2011.

17

18

19

20

21

22 Wanda D. GoodNotary Public, State of Florida

23 My Commission #DD950330

Expires: January 17, 2014

24

25


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1 C E R T I F I C A T E2

THE STATE OF FLORIDA, )3 )

COUNTY OF PALM BEACH. )

45 I, WANDA D. GOOD, Professional Court

Reporter, State of Florida at large, do hereby certify6 that I was authorized to and did stenographically

report the foregoing proceeding; and that the7 transcript, pages numbered 1 to 46 inclusive, are a

true and correct transcription of my shorthand notes of8 said proceeding.9

I further certify that the said proceeding10 was taken at the time and place hereinabove set forth

and that the taking of said proceedings was commenced11 and completed as hereinabove set out.12

I further certify that I am not an attorney13 or counsel of any of the parties, nor am I a relative

or employee of any attorney or counsel or party14 connected with the action, nor am I financially

interested in the action.1516 The foregoing certification of this

transcript does not apply to any reproduction of the17 same by any means unless under the direct control

and/or direction of the certifying reporter.1819 IN WITNESS WHEREOF, I have hereunto set my

hand and seal this 27th day of March, 2011.

2021222324 WANDA D. GOOD, Notary Public

in and for the State of Florida25 My Commission #DD 950330

Expires: January 17, 2014


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Page: 1


1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

2 IN AND FOR PALM BEACH COUNTY, FLORIDA

3 CASE NO. 50-2009 CA 043986

4

5CITIMORTGAGE, INC.,

6

Plaintiff(s),

7

vs.

8

MARIE ST. FORT AND MARIE ANDRE,

9

Defendant(s).

10 __________________________________ /

11

12

13

DEPOSITION OF CHRISTINE ODOM

14 TAKEN AT THE INSTANCE OF THE DEFENDANT(S)15

16

17

West Palm Beach, Florida

18 March 22, 2011

9:30 - 10:38 a.m.

19

20

21

22

23

24

25


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1 APPEARANCES:

2

3

4 SHAPIRO & FISHMAN, LLP

2424 N. Federal Hwy., Ste. 360

5 Boca Raton, Florida 33431

Attorneys for the Plaintiff(s)

6 By: CHAD M. MUNEY, ESQUIRE

MICHELLE B. BONDER, ESQUIRE

7 MARK C. HOLMBERG, ESQUIRE

8

9

10 KORTE & WORTMAN, P.A.

2041 Vista Parkway, Ste. #102

11 West Palm Beach, Florida 33411

Attorneys for the Defendant(s)

12 By: BRIAN K. KORTE, ESQUIRE.

1314

15

16

17

18

19

20

21

22

23

24

25


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1 - - -2 I N D E X3 - - -4

WITNESS: PAGE

56 CHRISTINE ODOM7

Direct Examination by Mr. Korte 48

Cross Examination by Mr. Muney 419

Redirect Examination by Mr. Korte 431011

- - -12

E X H I B I T S13

- - -1415 NUMBER DESCRIPTION PAGE

16DEFT'S EX. 1 NOTICE/LIS PENDENS, COMPLAINT, ETC 8

17DEFT'S EX. 2 NOTICE/FILING COPY OF NOTE 8

18DEFT'S EX. 3 NOTICE OF HEARING 8

19DEFT'S EX. 4 DEFT'S MOTION/STRIKE AFFIDAVIT IN 8

20 SUPPORT OF PLTF'S MOTION/SUM. JDGMT21 DEFT'S EX. 5 PLFT'S RESPONSES/DEFT'S 1ST REQUEST 8

FOR PRODUCTION22

DEFT'S EX. 6 RE-NOTICE/TAKING DEPOSITION 122324 PLFT'S EX. 1 12/25/09 LETTER TO SHAPIRO & FISHMAN 4125


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Page 41 Deposition of CHRISTINE ODOM was taken before me,2 Wanda D. Good, Certified Professional Reporter, Notary3 Public, State of Florida at Large, at 2041 Vista4 Parkway, Suite #102, in the City of West Palm Beach,5 County of Palm Beach, State of Florida, beginning at6 the hour of 9:30 a.m., on March 22, 2011, pursuant to7 notice filed herein, at the instance of the8 Defendant(s) in the above-entitled cause pending before9 the above-named court.

10 - - -11 THEREUPON,12 CHRISTINE ODOM,13 being by me first duly sworn or affirmed to testify the14 whole truth, as hereinunder certified, testified as15 follows:16 DIRECT EXAMINATION CHRISTINE ODOM17 BY MR. KORTE:18 Q. Ma'am, would you state your name for the19

record, spelling your last.20 A. Christine Odom, O-d-o-m.21 Q. Ma'am, would you give me the benefit of our22 educational background from the time you left college23 going forward?24 A. I only have a high school degree and a couple25 of classes in college.

Page 51 Q. Okay. Where did you go to college?2 A. Northlake in Irving, Texas.3 Q. Can you give me the benefit of your

4 educational background from high school going -- your5 work background going from high school forward?6 A. I worked for Revco Drugstore in approximately7 1982. I worked for Drugs for Less, and then I started8 in the mortgage industry in 1986 with Lomas &9 Nettleton.

10 Q. Can you spell that for me?11 A. L-o-m-a-s & Nettleton, which is12 N-e-t-t-l-e-t-o-n. I then went to Lion Funding, which13 merged with Sunbelt National. Then I went to14 Associate's Financial, and then it was Nation Home15 Equity. Then back to Associate's Financial, and then16 to Centex Home Equity, which is now Nationstar, which17 is my current employer.18 Q. What job title were you hired for at Centex19 Home Equity?20 A. Assistant vice-president.21 Q. What title do you currently hold today at22 Nationstar?23 A. Vice-president.24 Q. What are the duties for a vice-president at25 Nationstar?

Page 61 A. For my title, it's in the foreclosure2 department. My current duties are ancillary3 departments as far as the litigation for foreclosures,4 referrals, any of the ancillary departments that deal5 with foreclosure.6 Q. Anything else?7 A. Vendor input or vendor setup, demand process,8 acquisitions, compliance just for that area.9 Q. Compliance for that area, you mean

10 acquisitions?11 A. Compliance of the foreclosure, so new State12 regulations. That's -- property preservation and13 property inspections and hazard as it relates to14 foreclosure hazard insurance.15 Q. How many vice-presidents are there for16 Nationstar who do what you do?17 MR. MUNEY: Object to form.18 THE WITNESS: Just me. Just one.19

BY MR. KORTE:20 Q. How many officers are in the corporate21 structure at Nationstar that you're aware of that have22 the same vice-president title as you?23 MR. MUNEY: Object to form.24 THE WITNESS: Two other.25 BY MR. KORTE:

Page 71 Q. Ma'am, when did you join Centex?2 A. 1999.3 Q. And you joined them as assistant

4 vice-president?5 A. Yes.6 Q. Ma'am, you've been brought here today as the7 person with the most knowledge from CitiMortgage, Inc.8 with regards to the transfer of the Note, calculation9 of damages and affidavits for amounts due and owing; is

10 that correct?11 A. Yes.12 Q. Ma'am, what is your relationship to CitiBank 13 Mortgage -- or Citi Mortgage? I'm sorry.14 A. We are the new servicer.15 Q. Is it your testimony that you're the -- that16 Nationstar is the servicer for CitiMortgage?17 A. No. CitiMortgage -- we acquired loans from18 CitiMortgage.19 Q. When you say "acquired loans from20 CitiMortgage," what does that mean?21 A. We are now the new servicer. CitiMortgage22 was the servicer. We're now the new servicer.23 Q. Would it be fair to say that CitiMortgage was24 taken out of the -- out of this loan at some point in25 time?


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Page 81 A. I have --2 MR. MUNEY: Object to form.3 THE WITNESS: I have a Power of Attorney on4 behalf of CitiMortgage.5 BY MR. KORTE:6 Q. Okay. Did Nationstar buy the loan itself or7 just bought the servicing rights?8 MR. MUNEY: Object to form.9 THE WITNESS: Can you clarify --

10 MR. KORTE: Sure.11 THE WITNESS: -- your question?12 MR. KORTE: Let's start with some easy ones.13 I'm going to hand you what's going to be marked as14 Defendant's 1, which is a copy of the complaint.15 (Defendant Exhibit Nos. 1 through 5 were16 marked for identification purposes only and are17 attached hereto.)18 (Document(s) handed to Counsel Muney.)19

MR. KORTE: I have a spare, but go to either20 one of them.21 MR. MUNEY: Thanks.22 (Document(s) handed to the witness.)23 BY MR. KORTE:24 Q. Ma'am, you've been handed what's been marked25 as Defendant's 1.

Page 91 Have you ever seen this document before?2 A. Yes.3 Q. When is the first time that you saw this

4 document?5 A. Yesterday.6 Q. Do you see on the front page of this7 Defendant's 1 where it says the Plaintiff is8 CitiMortgage?9 A. Yes.

10 Q. Ma'am, does CitiMortgage own the mortgage11 note in this case?12 MR. MUNEY: Object to form.13 MR. KORTE: What's wrong with the form?14 MR. MUNEY: It's a form objection.15 MR. KORTE: What's wrong with it?16 MR. MUNEY: You're asking her to state a17 legal conclusion.18 BY MR. KORTE:19 Q. Okay. Does Citi own this Note that's the20 subject matter of this litigation?21 MR. MUNEY: Same objection.22 THE WITNESS: It's kind of a legal term. I23 don't know how to answer that.24 BY MR. KORTE:25 Q. Okay. You're here today as the person with

Page 101 the most knowledge regarding the transfer of the Note,2 correct?3 A. Correct.4 Q. What was the day that CitiMortgage received5 the Note?6 A. I do not know the -- I do not work for7 CitiMortgage and do not work for Citi, so I don't know8 that answer.9 Q. You're here as the person with the most

10 knowledge in regards to CitiMortgage versus Marie11 St. Fort, correct?12 A. Yes.13 Q. Case No. 2009 CA 043986, correct?14 A. Yes.15 Q. And I'm asking you as the person with the16 most knowledge of the transfer of the Note the date the17 Note was transferred to Citi, and you can't tell me the18 answer to that question?19

A. That is correct.20 Q. What was the date that the Note was21 transferred from Irwin Mortgage, if you know?22 A. I don't know that question.23 Q. What was date the Note was transferred to24 Nationstar, if you know?25 A. CitiMortgage is the holder of the Note, which

Page 111 has been sent to the attorneys.2 Q. Well, let's back up.3 Who owns the actual Note itself? Who is the

4 person who would receive payments if they were made?5 MR. MUNEY: I'm going to object to form.6 That's two separate questions.7 MR. KORTE: Okay.8 MR. MUNEY: Can you split them up?9 BY MR. KORTE:

10 Q. Well, you told me that Nationstar is now the11 servicer, correct?12 A. Correct.13 Q. And it took over servicing from CitiMortgage,14 correct?15 A. Correct.16 Q. Who does Nationstar forward its payments to17 after it services the loan?18 MR. MUNEY: Object to form.19 THE WITNESS: Fannie Mae.20 BY MR. KORTE:21 Q. Why does it send the payments to Fannie Mae,22 if you know?23 A. They're the -- the owner of the Note.24 Q. Who was the owner before Fannie Mae, if you25 know?


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Page 121 A. I don't know.2 Q. Do you know if CitiMortgage was ever the3 owner of the Note?4 MR. MUNEY: Object to form.5 THE WITNESS: I can't -- I can't answer that6 question.7 BY MR. KORTE:8 Q. Okay. As person with the most knowledge of 9 the assignment of the Note, can you tell me in what

10 year the Note was assigned to CitiMortgage?11 MR. MUNEY: I'm going to object to form.12 Is that issue on your depo notice?13 MR. KORTE: Can I mark that as six, please?14 MR. MUNEY: And can you read back that last15 question, please?16 (Requested portion of record was read by the17 reporter.)18 (Defendant Exhibit No. 6 was marked for19

identification purposes only and is attached20 hereto.)21 (Document(s) handed to Counsel Muney.)22 MR. MUNEY: I don't see any assignment of 23 note issue here.24 MR. KORTE: Okay. Well, I'm asking you.25 MR. MUNEY: Can you show me on that where it

Page 131 talks about assignment of note as your deposition2 topic for today?3 MR. KORTE: Absolutely, but I'm going to have

4 my question answered first, if she knows.5 THE WITNESS: No.6 BY MR. KORTE:7 Q. You don't know?8 A. (Shakes head back and forth.)9 Q. Ma'am, I'm going to hand you what's been

10 marked as Defendant's No. 6. I'm going to hand this to11 your lawyer, which he was provided a copy of weeks in12 advance of today's deposition.13 (Document(s) handed to Counsel Muney.)14 MR. MUNEY: Right. It says "Transfer of 15 Note." It doesn't say "Assignment of Note."16 MR. KORTE: No problem.17 BY MR. KORTE:18 Q. Then let's do this: Ma'am, do you know what19 day or year the Note was transferred from Irwin20 Mortgage to CitiMortgage, the Plaintiff in this case?21 A. No.22 Q. Okay. Before coming here today, did you23 speak to anyone besides your lawyer to become24 acquainted with the issues the transfer of the Note?25 A. No.

Page 141 Q. Ma'am, before coming here today, other than2 getting documents from your lawyers, did you review any3 documents before this deposition to educate yourself 4 about the transfer of the Note?5 A. Can you -- can you clarify? Only about the6 transfer of the Note?7 Q. Ma'am, you're here today as the person with8 the most knowledge in regards to the transfer of the9 Note, correct?

10 A. Of the most knowledge of the -- of the11 Complaint and so forth.12 Q. I'm going to show you what's been marked as13 Defendant's 5, ma'am.14 Do you see the bold words here (indicating),15 where I'm pointing to where it says "name"?16 A. Can you restate your question then?17 Q. As the person with the most knowledge of the18 transfer of the Note, what documents did you review19

before coming here today?20 A. I reviewed our Mortgage, the Note, the21 affidavits and the Complaint. That's all that I can22 remember at this point.23 Q. Did any of the documents that you reviewed24 reference a date of transfer of the Note to25 CitiMortgage?

Page 151 A. There was a Note with an endorsement that I2 reviewed.3 Q. Is that all you have that you reviewed that

4 had any indication of a transfer of the Note?5 A. Yeah, it was the -- if was the endorsement,6 if I can remember correctly, on -- from Irwin to Citi.7 I don't have the document in front of me.8 Q. Okay. If you had the document, would that9 tell you the date of the transfer?

10 MR. MUNEY: Object to form.11 THE WITNESS: I don't recall without the12 document in front of me.13 MR. KORTE: I'm going to hand you what's been14 marked as Defendant's 2.15 (Document(s) handed to Counsel Muney and the16 witness.)17 BY MR. KORTE:18 Q. Ma'am, this is a Notice of Filing the copy of 19 the Note. If you could review that document and let me20 know when you're finished.21 A. Okay.22 Q. Ma'am, after reviewing Defendant's 2, can you23 tell me the date of the transfer the Note to24 CitiMortgage?25 A. It does not have a date.


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Page 161 Q. That wasn't my question.2 A. No, I cannot.3 Q. Ma'am, if you look back at Defendant's No. 1,4 please, and find the Note contained in Defendant's 1 --5 I apologize.6 Ma'am, have you had an opportunity to look at7 Defendant's 1, specifically the Note?8 A. Yes.9 Q. Ma'am, can you do me a favor and tell me if

10 there's an endorsement in blank on that Note.11 A. No.12 Q. Can you tell me when the endorsement found on13 Defendant's 2 was added to that Note?14 A. No.15 Q. Would it be fair to say that all of your16 knowledge regarding this case arises after the Note is17 transferred from CitiMortgage to Nationstar?18 MR. MUNEY: Object to form.19

THE WITNESS: Can you restate your question?20 BY MR. KORTE:21 Q. Sure. Would it be fair to say that all of 22 your knowledge regarding this Note arises after the23 Note was transferred from CitiMortgage to Nationstar?24 MR. MUNEY: Object to form.25 THE WITNESS: Can you restate the question

Page 171 another way?2 BY MR. KORTE:3 Q. Okay. Let's approach it in small pieces.

4 Did you ever speak to anybody from5 CitiMortgage about this Note?6 A. No.7 Q. Did you ever speak to anybody at Irwin about8 this Note?9 A. No.

10 Q. Did you ever have an opportunity to go11 through Irwin's records?12 MR. MUNEY: Object to form.13 THE WITNESS: No.14 BY MR. KORTE:15 Q. Would it be fair to say that the documents16 that you told me about before that you reviewed before17 coming here today are contained in the Nationstar18 system?19 MR. MUNEY: Object to form.20 THE WITNESS: Yes.21 BY MR. KORTE:22 Q. Other than reviewing the Mortgage, the Note23 the affidavit and the Complaint, you didn't review any24 of the documents that CitiMortgage may have had?25 MR. MUNEY: Object to form.

Page 181 THE WITNESS: You'll have to restate your2 question. I reviewed the documents that Citi had3 that are attached here.4 BY MR. KORTE:5 Q. Okay. Did you physically go to CitiMortgage6 at any time in your career to review their documents?7 A. No.8 Q. And you told me previously you never spoke9 to -- you never spoke to anybody from CitiMortgage?

10 A. Regarding this loan.11 Q. Correct. And you never physically went to12 Irwin Mortgage either, correct?13 A. Correct.14 Q. Do you know if there were any other parties15 between the time of the making of the Note by Irwin and16 the time of the delivery of the documents to17 CitiMortgage?18 MR. MUNEY: Object to form.19

THE WITNESS: I don't have the knowledge on20 that, no.21 BY MR. KORTE:22 Q. Do you know who CitiMortgage got the Note23 from?24 A. No.25 Q. Do you know if CitiMortgage was the servicer

Page 191 of the Note before Nationstar?2 A. Yes.3 Q. Do you know who they were servicing for?

4 MR. MUNEY: Object to form.5 THE WITNESS: No.6 BY MR. KORTE:7 Q. Do you know when Fannie Mae came into8 ownership of this Note?9 A. No.

10 Q. Do you have any personal knowledge as to11 whether or not CitiMortgage was servicing for itself?12 MR. MUNEY: Object to form.13 THE WITNESS: No, I do not.14 MR. KORTE: Can you hand back six, please?15 (Document(s) handed to Counsel Korte.)16 BY MR. KORTE:17 Q. Ma'am, you've also been brought here today to18 discuss the calculation of damages, correct?19 A. Correct.20 Q. Can you tell me how the damages were21 calculated in this case?22 MR. MUNEY: Object to form.23 THE WITNESS: You'll need to restate your24 question differently, please.25 BY MR. KORTE:


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Page 201 Q. Okay. What part of my question don't you2 understand?3 A. Well, your question, so if you can restate4 it.5 Q. How much money is CitiMortgage seeking in6 this case?7 A. The amount that is in the Complaint as far as8 the principal balance and the interest.9 Q. Okay. Well, how much is the amount? How

10 much?11 A. I don't have the current figures with me.12 The figures in the Complaint are outdated.13 Q. Okay. Well, can you tell me how the damage14 calculation was actually done in this case?15 MR. MUNEY: Object to form.16 THE WITNESS: How -- how they were done in17 the Complaint?18 MR. KORTE: No, ma'am.19

MR. MUNEY: Object to form.20 MR. KORTE: Let me hand you back No. 6.21 (Document(s) handed to the witness.)22 BY MR. KORTE:23 Q. If you'd do me a favor and review the section24 where you were brought here today as the person with25 the most knowledge of the calculation of damages.

Page 211 Do you see that section, ma'am?2 A. Yes.3 Q. How were the damages calculated?

4 MR. MUNEY: I'm going to object to form.5 That was asked and answered.6 MR. KORTE: There's no answer yet.7 MR. MUNEY: She said it was the principal --8 principal due plus the interest.9 BY MR. KORTE:

10 Q. Is that the only way that it was done, ma'am?11 A. And -- and expenses.12 Q. Okay. So tell me, how much is the principal?13 A. A hundred and seventy-two thousand, nine14 twenty sixty-eight.15 Q. And ma'am, how was that number arrived at?16 A. The number would have been taken off the17 system, the servicing system that would have been used18 deducting any payments that were applied to the19 account --20 Q. And that would be the system --21 A. -- from the origination.22 Q. I apologize. I didn't mean to interrupt you.23 A. That's okay.24 Q. Ma'am, and that would have been the system of 25 CitiMortgage, correct?

Page 221 A. Correct.2 Q. Do you have access to the CitiMortgage3 system?4 MR. MUNEY: Object to form.5 THE WITNESS: Not to their system.6 BY MR. KORTE:7 Q. Ma'am, so how do you know how they calculated8 that number if you don't have access to their system?9 MR. MUNEY: Object to form.

10 THE WITNESS: Loans were and the data was11 transferred to our company, so we have the data on12 our system currently.13 BY MR. KORTE:14 Q. Before coming here today, ma'am, did you15 review the amount of the principal?16 A. Yes.17 Q. Do you know how CitiMortgage got its numbers18 to enter into the system that you ultimately took over19

its data?20 MR. MUNEY: Object to form.21 THE WITNESS: Yes.22 BY MR. KORTE:23 Q. Ma'am, I think you told me earlier that this24 loan was sometime originated by Irwin Mortgage,25 correct?

Page 231 A. I did not tell you, but yes, it was.2 Q. Okay. Do you know how Irwin Mortgage3 calculated the principal balance?

4 MR. MUNEY: Object to form.5 THE WITNESS: I was not an employee of Irwin,6 so I do not know.7 BY MR. KORTE:8 Q. And we don't know if there were any9 intervening servicers or owners of this Note between

10 the time of the making by Irwin and the time it was11 taken by Citi, correct?12 MR. MUNEY: Object to form.13 THE WITNESS: I don't know that answer.14 BY MR. KORTE:15 Q. Do we know if there are any other records16 besides those contained in Citi's mortgage?17 A. State your question again?18 Q. Do you know if there is any data by any other19 parties besides CitiMortgage contained in20 CitiMortgage's data that was taken by Nationstar?21 MR. MUNEY: Object to form.22 THE WITNESS: No.23 BY MR. KORTE:24 Q. Would it be fair to say that your calculation25 of damages, as you sit here today, is based upon the


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Page 241 records of CitiMortgage?2 MR. MUNEY: Object to form.3 THE WITNESS: Yes.4 BY MR. KORTE:5 Q. And would it also be fair to say that you6 don't know how CitiMortgage calculated the damages?7 MR. MUNEY: Object to form.8 MR. KORTE: Let me strike the question.9 BY MR. KORTE:

10 Q. Would it be fair to say that you don't know11 how CitiMortgage calculated the principal balance?12 MR. MUNEY: Object to form.13 THE WITNESS: State your question another14 way, please.15 BY MR. KORTE:16 Q. Do you know how the prior servicer,17 CitiMortgage, calculated the damages?18 A. Yes.19

Q. Okay. How do you know that?20 A. From the records that we have.21 Q. Any other way?22 A. No.23 Q. Do you know how CitiMortgage got its initial24 numbers from the prior owner or servicer of the Note?25 A. No.

Page 251 MR. MUNEY: Object to form.2 BY MR. KORTE:3 Q. Ma'am, did you do any independent research

4 before coming here today to determine the validity of 5 the principal balance number?6 MR. MUNEY: Object to form.7 THE WITNESS: You need to restate that.8 BY MR. KORTE:9 Q. Okay. What did you do independently to

10 verify the validity of the $172,920.68 principal11 balance claim?12 MR. MUNEY: Object to form. Isn't that asked13 and answered?14 MR. KORTE: She asked me to restate it.15 MR. MUNEY: Now it's restated. I think it16 was asked and answered.17 BY MR. KORTE:18 Q. Ma'am, do you understand my question?19 A. Yes.20 Q. Can you tell me the answer?21 A. Through our business records.22 Q. You personally went through your business23 records and independently verified that amount?24 MR. MUNEY: Object to form.25 THE WITNESS: Yes.

Page 261 BY MR. KORTE:2 Q. Which business record did you go through to3 make that calculation?4 MR. MUNEY: Object to form. She didn't say5 she made a calculation.6 THE WITNESS: Correct.7 BY MR. KORTE:8 Q. Okay. What documents did you review to come9 up with a $172,920.68?

10 A. Our system records.11 Q. Those are the system notes?12 MR. MUNEY: Object to form.13 THE WITNESS: Our system payment histories.14 BY MR. KORTE:15 Q. Can you tell me about the system payment16 histories, how it's recorded and calculated?17 MR. MUNEY: Object to form.18 THE WITNESS: It shows the balances, and it19

shows the payments and how they're subtracted from20 the principal balance.21 BY MR. KORTE:22 Q. Are those computerized records, ma'am?23 A. Yes.24 Q. Did you review any physical records to verify25 the accuracy of that number?

Page 271 MR. MUNEY: Object to form. What's a2 physical record?3 BY MR. KORTE:

4 Q. Ma'am?5 A. You'll have to restate your question.6 Q. Okay. Do you know the difference between7 computer records and paper records?8 A. Not in your -- in the way you're stating it.9 What kind of paper records are you asking about?

10 Q. Let me -- let me take it the really hard way11 then.12 Can you tell me on the very first payment how13 much was applied to principal and how much was applied14 to interest?15 MR. MUNEY: I'm going to object to form and16 also object that I don't see that on your depo17 notice that you put payment history as a topic.18 MR. KORTE: This is a calculation of damages,19 and she can't tell me how she calculated them. I'm20 going to go through these questions. You can21 object all day long or instruct her not to answer.22 MR. MUNEY: If you're going to go off your23 depo notice to topics not requested for today, I'm24 going to move for a protective order and end the --25 end the depo.


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Page 281 MR. KORTE: Fair enough.2 BY MR. KORTE:3 Q. Ma'am, let me ask the question so we have it4 nice and clean so he doesn't terminate the deposition5 and it's easy for you to go through.6 In calculating your damages, how much from7 the very first payment was applied to principal and how8 much was applied to interest?9 MR. MUNEY: I'm going to object to form. She

10 said how --11 MR. KORTE: Is that a speaking objection12 again?13 MR. MUNEY: It's not a speaking objection.14 It's a concise, nonargumentative objection under15 the Rules of Civil Procedure. I'm done.16 BY MR. KORTE:17 Q. Ma'am --18 MR. MUNEY: And if she doesn't know,19

regarding topics that weren't noticed --20 MR. KORTE: Now that's a speaking objection.21 MR. MUNEY: No, that's part of my form22 objection.23 BY MR. KORTE:24 Q. Ma'am, as to the very first payment for25 purposes of calculation of damages, how much was

Page 291 applied to principal, how much was applied to interest?2 A. I do not have that information in front of 3 me, so I don't know.

4 Q. Can you tell me how much was applied to5 principal and interest for any of the payments?6 A. I did not bring any of that information.7 Q. For purposes of damage calculations, did you8 review the calculation of principal and interest at any9 time before coming here today?

10 MR. MUNEY: Object to form.11 THE WITNESS: Not to the calculation.12 BY MR. KORTE:13 Q. Ma'am, can you tell me how interest was14 calculated in this particular case as it -- as a result15 that relates to damages?16 MR. MUNEY: Object to form. She's already17 told you that.18 THE WITNESS: In the Complaint, it states19 here with interest from and after December 1st,20 2008.21 BY MR. KORTE:22 Q. Can you tell me how much that is?23 A. I don't have any current figures with me.24 MR. KORTE: Ma'am, I'm going to hand you25 what's been marked as Defendant's 4.

Page 301 (Document(s) handed to witness and Counsel2 Muney.)3 BY MR. KORTE:4 Q. Ma'am, I'd like for you to go through that5 document and find -- there's an Affidavit of 6 Indebtedness attached thereto. Let me know when you've7 found it.8 Are you there, ma'am?9 A. It doesn't say Affidavit of Indebtedness, but

10 I have an Affidavit in Support of Motion for Final11 Summary Judgment. Is that what you're referencing?12 Q. Yes, ma'am. Ma'am, I'd like you to turn to13 the fourth page of that affidavit.14 Have you seen this document before coming15 here today, ma'am?16 A. Yes.17 Q. When was the first time you saw it?18 A. Yesterday.19

Q. Before coming here today, ma'am, did you20 speak to anybody at CitiMortgage regarding this21 affidavit?22 MR. MUNEY: Object to form.23 THE WITNESS: No.24 BY MR. KORTE:25 Q. Who at CitiMortgage designated you as the

Page 311 person with the most knowledge of this affidavit?2 MR. MUNEY: Object to form.3 THE WITNESS: I don't have the document in

4 front of me.5 BY MR. KORTE:6 Q. Ma'am, the affidavit that is in front of you7 as Defendant's 4, the one we just turned to --8 A. Mm-hmm?9 Q. -- who at Citi designated you as the person

10 with the most knowledge of the affidavit contained in11 Defendant's 4?12 MR. MUNEY: Object to form. I think she was13 saying she didn't have some other document in front14 of her, not this document.15 THE WITNESS: I'm sorry. I didn't have -- I16 don't have the Power of Attorney that gives me that17 authority --18 MR. KORTE: Okay.19 THE WITNESS: -- to tell you who gave me that20 power.21 BY MR. KORTE:22 Q. You're referencing a Power of Attorney that23 gives you an authority to do this.24 Have you seen this of Power of Authority25 before? Or Power of Attorney before?


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Page 321 A. Yes.2 Q. Who was it executed by?3 A. As I stated, I don't have the document in4 front of me, so I don't -- I cannot tell you.5 Q. Do you know the date that it was executed?6 A. It was September of 2010.7 Q. All right, ma'am. Going back to the8 affidavit itself, ma'am, do you see where it says9 "preacceleration late charges" in Paragraph 14?

10 A. Yes.11 Q. Ma'am, can you tell me how that was12 calculated?13 MR. MUNEY: Object to form.14 THE WITNESS: Since I did not sign the15 affidavit --16 MR. MUNEY: I think she answered this.17 BY MR. KORTE:18 Q. I'm sorry. Since you didn't sign the19

affidavit, so finish your sentence.20 A. I did not sign the affidavit, so...21 Q. Do you know how the preacceleration late22 charges were calculated?23 MR. MUNEY: Object to form.24 THE WITNESS: I don't, no.25 BY MR. KORTE:

Page 331 Q. Would -- do you know how any of these numbers2 contained in Paragraph 14 were actually calculated?3 MR. MUNEY: Object to form.

4 THE WITNESS: They would have been from the5 business records of Citi.6 BY MR. KORTE:7 Q. Do you have any personal knowledge as you sit8 here today of how they were calculated?9 MR. MUNEY: Object to form.

10 THE WITNESS: You'll need to restate your11 question regarding what you're talking about,12 calculation.13 BY MR. KORTE:14 Q. Sure. I'm referencing Paragraph 14 of 15 Defendant's 4 in the affidavit of before you.16 Do you see that, ma'am?17 A. Mm-hmm.18 Q. Do you see where it says "principal due on19 note and mortgage"? Do you see that section, ma'am?20 A. Mm-hmm.21 Q. You have to say "yes" or "no" or she can't22 get that down.23 A. Yeah, I already saw it.24 Q. You have to say "yes" or "no" so she can get25 you (indicating to court reporter).

Page 341 A. Oh, yes. I'm sorry.2 Q. You can't say "uh-huh" or "uh-uh."3 A. I'm sorry. Yes.4 Q. Ma'am, as to that number on principal due, do5 you have any personal knowledge of how Citi calculated6 that number?7 MR. MUNEY: Object to form.8 THE WITNESS: We have that in our business9 records.

10 BY MR. KORTE:11 Q. As to the next number, the preacceleration12 late charges, do you know how that number was13 calculated by Citi when it made this affidavit?14 MR. MUNEY: Object to form.15 THE WITNESS: We would still have that in our16 business records.17 BY MR. KORTE:18 Q. I'm asking you about your personal knowledge.19

Do you as you sit here today have any20 personal knowledge of how that was calculated?21 MR. MUNEY: Object to form. She answered by22 saying it was in the business records.23 MR. KORTE: Okay. And I'm --24 MR. MUNEY: That's her answer.25 MR. KORTE: I'm asking her personal

Page 351 knowledge. I'm clarifying my question.2 BY MR. KORTE:3 Q. Do you have any personal knowledge as to how

4 it was calculated?5 MR. MUNEY: Wait. I object. Can you clarify6 if you meant did she read the business records or7 did she -- was she involved in the calculations8 that went into the business records?9 BY MR. KORTE:

10 Q. Ma'am, how did you gain your personal11 knowledge as to the amount of principal due on the Note12 and Mortgage, if ever?13 A. Through the business records, through the14 payment histories.15 Q. Those are the payment histories that you16 received from Citi?17 A. Yes, as well as the ones that we have -- have18 since we acquired the loans.19 Q. Well, how many payments have you received20 since Nationstar took over the servicing of this loan?21 MR. MUNEY: Object to form.22 THE WITNESS: I don't have the information in23 front of me, but we have the business records.24 BY MR. KORTE:25 Q. Do you have the business records of Irwin


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Page 361 Mortgage?2 MR. MUNEY: Object to form as asked and3 answered, I believe.4 THE WITNESS: I don't know.5 BY MR. KORTE:6 Q. Can you tell me how the line item at7 Paragraph 14, preacceleration late charges, were8 calculated in this case by the affiant?9 MR. MUNEY: That's -- that's the same

10 question you just asked.11 MR. KORTE: Well, that was as to principal12 due. Now we're talking about the preacceleration13 late charges.14 MR. MUNEY: No, I think you asked about the15 late charges too. I think that now you're down to16 the next, the third line.17 BY MR. KORTE:18 Q. Well, let's talk about the interest due since19

your lawyer wants to move on there.20 How was that calculated?21 MR. MUNEY: Object to form; asked and22 answered. She pointed you to the business records.23 BY MR. KORTE:24 Q. Ma'am, as you sit here today, do you have any25 personal knowledge from any source as to how the

Page 371 interest was calculated from December 1st, 2008 through2 August 10, 2010?3 A. Yes, through our business records.

4 Q. Which business records specifically?5 MR. MUNEY: Object to form.6 THE WITNESS: Our payment histories.7 BY MR. KORTE:8 Q. Anything else?9 MR. MUNEY: Object to form.

10 THE WITNESS: It would be through the -- our11 system. There's different screens, but...12 BY MR. KORTE:13 Q. Anything else other than your screens and the14 payment histories?15 A. Of course through reference to the Note.16 Q. Since you bring up the Note, can you tell me17 when Nationstar took physical possession of the Note,18 if ever?19 MR. MUNEY: Object to form.20 THE WITNESS: We have not.21 BY MR. KORTE:22 Q. Do your records reflect, if you know, whether23 there's a bailee agreement between Fannie Mae and24 Nationstar regarding the Note?25 MR. MUNEY: Object to form.

Page 381 THE WITNESS: State your question again?2 BY MR. KORTE:3 Q. Do you know whether or not Fannie Mae bailed4 this loan to the Plaintiff for purposes of this5 litigation?6 MR. MUNEY: Object to form. That's -- you7 may want to give a better clarification of the8 question.9 THE WITNESS: Please.

10 MR. KORTE: No, that's my question.11 MR. MUNEY: Well, if you don't --12 THE WITNESS: Can you clarify it?13 BY MR. KORTE:14 Q. What part do you want me to clarify, ma'am?15 MR. MUNEY: Hold on. If you don't understand16 a question as it's asked or you don't know the17 answer, that's a fine answer if you don't18 understand or don't know.19

THE WITNESS: Okay. I don't know.20 MR. KORTE: I've now asked you to stop the21 speaking objections. You've just intimated an22 answer to a question that I had pending for which23 your deponent has parroted the exact answer.24 MR. MUNEY: I asked you to clarify the25 question. You said you wouldn't and --

Page 391 MR. KORTE: And you then continue with your2 speaking objections suggesting the answer to the3 deponent.

4 MR. MUNEY: No, that's not what I did.5 MR. KORTE: That's exactly what you did.6 MR. MUNEY: Well, you can rephrase the7 question.8 MR. KORTE: I'm not rephrasing the question.9 MR. MUNEY: Okay.

10 BY MR. KORTE:11 Q. Is there a bailee agreement between Fannie12 Mae and the Plaintiff regarding this Note?13 A. I don't know.14 Q. At any time before coming here today, did you15 have an opportunity to speak with the affiant of the16 affidavit before you in Defendant's 4?17 A. No.18 Q. Did you ever reach out to the affiant before19 coming here today?20 MR. MUNEY: Object to form.21 THE WITNESS: No.22 MR. KORTE: Ma'am, I have nothing further for23 you today.24 MR. MUNEY: We'll conclude and we'll read.25 MS. BONDER: Rehabilitate?


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Page 401 MR. KORTE: Outstanding. I guess they're2 back on.3 MS. BONDER: Can we just have a couple of 4 minutes?5 MR. MUNEY: Yeah. Let's take a break, and6 we'll go over the notes from the depo, see if we7 want to get into any redirect or any other8 questioning.9 Do you mind if we have a minute?

10 MR. KORTE: Not with the deponent.11 MR. MUNEY: No?12 MR. KORTE: No. She's on the stand.13 MR. MUNEY: Right. Can we have a minute?14 MR. KORTE: Sure. There's a conference room15 right next door.16 MR. MUNEY: Okay.17 MS. BONDER: Okay. Thank you.18 MR. MUNEY: I'd appreciate it if you don't19

talk about anything while we're not here. If 20 that's going to be a problem, she should go to21 another room.22 MS. BONDER: She's still on the record. It's23 okay.24 MR. MUNEY: Okay.25 (Mr. Muney, Ms. Bonder and Mr. Holmberg exit

Page 411 deposition room.)2 (Off-the-record recess was had.)3 (Plaintiff's counsel enter deposition room.)

4 MR. MUNEY: We're g

citimortgage's christine odom's deposition and exhibits

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