Preview
FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA ASSET ACCEPTANCE
CORPORATION ALTERNATIVE LOAN Index No. 652619/2012
TRUST, SERIES 2006-S3, by HSBC BANK
USA, NATIONAL ASSOCIATION, in its IAS Part 60
capacity as Trustee pursuant to a Pooling and
Servicing Agreement, dated as of July 1, 2006, Justice Melissa A. Crane
Plaintiff,
-against-
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC., Third-Party Index No.
595353/2014
Third-Party
Plaintiff,
-against-
WELLS FARGO BANK, N.A. and OCWEN
LOAN SERVICING, LLC,
Third-Party
Defendants.
AFFIRMATION OF AMIANNA STOVALL IN SUPPORT OF
NOMURA CREDIT & CAPITAL, INC.’S
OPPOSITION TO THE SUMMARY JUDGMENT MOTIONS OF
WELLS FARGO BANK, N.A. AND OCWEN LOAN SERVICING, INC.
(Additional Captions Follow)
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA ASSET ACCEPTANCE CORPORATION
ALTERNATIVE LOAN TRUST, SERIES 2006-S4, by Index No. 653390/2012
HSBC BANK USA, NATIONAL ASSOCIATION, in its
capacity as Trustee, IAS Part 60
Plaintiff, Justice Melissa A. Crane
-against-
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC., Third-Party Index No.
595306/2014
Third-Party Plaintiff,
-against-
WELLS FARGO BANK, N.A. and OCWEN LOAN
SERVICING, LLC,
Third-Party Defendants.
2
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA HOME EQUITY LOAN, INC., SERIES
2006-FM2, pursuant to a Pooling and Servicing Index No. 653783/2012
Agreement, dated as of October 1, 2006, by HSBC
BANK USA, NATIONAL ASSOCIATION, solely IAS Part 60
in its capacity as the Trustee,
Justice Melissa A. Crane
Plaintiff,
-against-
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC., Third-Party Index No.
595352/2014
Third-Party Plaintiff,
-against-
WELLS FARGO BANK, N.A. and OCWEN LOAN
SERVICING, LLC,
Third-Party
Defendants.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA HOME EQUITY LOAN, INC.,
SERIES 2007-3, pursuant to a Pooling and Index No. 651124/2013
Servicing Agreement, dated as of April 1, 2007, by
HSBC BANK USA, NATIONAL IAS Part 60
ASSOCIATION, solely in its capacity as the
Trustee, Justice Melissa A. Crane
Plaintiff,
-against-
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC., Third-Party Index No.
595351/2014
Third-Party Plaintiff,
-against-
WELLS FARGO BANK, N.A. and OCWEN
LOAN SERVICING, LLC,
Third-Party
Defendants.
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NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA HOME EQUITY LOAN, INC., HOME
EQUITY LOAN TRUST, SERIES 2007-2, by HSBC Index No. 650337/2013
BANK USA, National Association, as Trustee,
Plaintiff, IAS Part 60
-against- Justice Melissa A. Crane
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC., Third-Party Index No.
595359/2014
Third-Party Plaintiff,
-against-
WELLS FARGO BANK, N.A. and OCWEN LOAN
SERVICING, LLC,
Third-Party Defendants.
5
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA ASSET ACCEPTANCE CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, Index No. 652614/2012
SERIES 2006-AF2 TRUST, by HSBC Bank USA,
National Association, as Trustee, IAS Part 60
Plaintiff, Justice Melissa A. Crane
-against-
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC., Third-Party Index No.
595358/2014
Third-Party Plaintiff,
-against-
WELLS FARGO BANK, N.A.,
Third-Party Defendant.
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AMIANNA STOVALL, an attorney at law, duly admitted to practice in The State
of New York, does hereby affirm the truth of the following statements under penalty of
perjury:
1. I am a member of the law firm of Constantine Cannon LLP, counsel for
Defendant and Third-Party Plaintiff Nomura Credit & Capital, Inc. (“Nomura”). I submit
this affirmation in support of Nomura’s oppositions to the summary judgment motions of
Third-Party Defendants Wells Fargo Bank, N.A. (“Wells Fargo”) and Ocwen Loan
Servicing, LLC (“Ocwen”) in each of the above-captioned actions.
2. True and correct copies of the following documents are included herewith:
Exhibit No. Description
1 Pooling and Servicing Agreement (“PSA”) for the Nomura
Home Equity Loan, Inc. Asset-Backed Certificates, Series 2007-
3 (“NHELI 2007-3”), dated as of April 1, 2007
2 PSA for the NAAC Mortgage Pass-Through Certificates, Series
2006-AF2 (“NAAC 2006-AF2”), dated as of July 1, 2006
3 PSA for the Nomura Asset Acceptance Corporation (“NAAC”)
Alternative Loan Trust, Series 2006-S3 (“NAAC 2006-S3”),
dated as of July 1, 2006
4 PSA for the NAAC Alternative Loan Trust, Series 2006-S4
(“NAAC 2006-S4”), dated as of September 1, 2006
5 PSA for the NHELI Asset-Backed Certificate, Series 2006-FM2
(“NHELI 2006-FM2”), dated as of October 1, 2006
6 PSA for the NHELI Asset-Backed Certificates, Series 2007-2
(“NHELI 2007-2”), dated as of January 1, 2007
7 NHELI 2007-3 Prospectus Supplement (“ProSupp”), dated April
27, 2007
8 Seller’s Warranties and Servicing Agreement (“SWSA”)
between Nomura and Wells Fargo for Subprime Adjustable Rate
and Fixed Rate Mortgage Loans, WFHM Series 2006-M03,
dated as of March 1, 2006
9 NHELI 2007-3 Responses and Objections of Defendant Wells
Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index
No. 651124/2013, Third Party Index No. 595351/2014) (Sup. Ct.
N.Y. Cnty. June 24, 2020)
10 NAAC 2006-AF2 Responses and Objections of Defendant Wells
Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index
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No. 652614/2012, Third Party Index No. 595358/2014) (Sup. Ct.
N.Y. Cnty. June 24, 2020)
11 NHELI 2006-FM2 Responses and Objections of Defendant
Wells Fargo to Plaintiff Nomura’s First Set of Interrogatories
(Index No. 653783/2012, Third Party Index No. 595352/2014)
(Sup. Ct. N.Y. Cnty. June 24, 2020)
12 NAAC 2006-S3 Responses and Objections of Defendant Wells
Fargo, to Plaintiff Nomura’s First Set of Interrogatories (Index
No. 652619/2012, Third Party Index No. 595353/2014) (Sup. Ct.
N.Y. Cnty. June 24, 2020)
13 NAAC 2006-S4 Responses and Objections of Defendant Wells
Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index
No. 653390/2012, Third Party Index No. 595306/2014) (Sup. Ct.
N.Y. Cnty. June 24, 2020)
14 NHELI 2007-2 Responses and Objections of Defendant Wells
Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index
No. 650337/2013, Third Party Index No. 595359/2014) (Sup. Ct.
N.Y. Cnty. June 24, 2020)
15 NHELI 2007-3 Third-Party Defendant Ocwen’s Answer,
Affirmative Defenses, and Counterclaims (Index No.
651124/2013, Third Party Index No. 595351/2014) (Sup. Ct.
N.Y. Cnty. Aug. 3, 2018) (“Ocwen Counterclaims”), Dkt. 404
16 NHELI 2007-3 Responses and Objections of Defendant Ocwen
to Plaintiff Nomura’s First Set of Interrogatories (Index No.
651124/2013, Third Party Index No. 595351/2014) (Sup. Ct.
N.Y. Cnty. June 24, 2020)
17 NHELI 2006-FM2 Expert Report of Thomas D. Cooper, dated
January 8, 2020 (with appendix) (“Cooper Report”)
18 NHELI 2007-3 Expert Report of Michael Forester, dated
October 11, 2019 (“Forester Report”)
19 NHELI 2007-3 Expert Report of Andria Harris, dated January
31, 2020 (with exhibits) (“Harris Report”)
20 NHELI 2007-3 Expert Report of Bruce Kenneth Hounsell, dated
July 12, 2019 (with exhibits) (“Hounsell Report”)
21 NHELI 2007-3 Expert Reply Report of Bruce Kenneth Hounsell,
dated July 12, 2019 (with exhibits) (“Hounsell Report”)
22 NHELI 2007-3 Amended Expert Reply Report of Bruce Kenneth
Hounsell, dated January 6, 2021 (with exhibits) (“Hounsell
Report”)
23 NHELI 2007-3 Expert Report of Dennis Lauria, dated January
31, 2020 (with exhibits) (“Lauria Report”)
24 NHELI 2007-3 Expert Report of Anthony Lendez, dated July 12,
2019 (with appendices) (“Lendez Report”)
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25 NHELI 2007-3 Amended Reply Expert Report of Anthony
Lendez, dated January 13, 2021 (with appendices) (“Lendez
Reply Report”)
26 NAAC 2006-AF2 Amended Expert Report of Anthony M.
Lendez, dated May 31, 2019 (with appendices) (“Lendez
Amended AF2 Report”)
27 NAAC 2006-AF2 Amended Expert Reply Report of Anthony M.
Lendez, dated January 13, 2021 (with appendices) (“Lendez
Amended AF2 Reply Report”)
28 NHELI 2007-2 Expert Report of Fiachra T. O’Driscoll, dated
January 31, 2018 (without exhibits) (“O’Driscoll 2007-2
Report”)
29 NHELI 2007-2 Expert Reply Report of Fiachra T. O’Driscoll,
dated September 13, 2019 (with exhibits) (“O’Driscoll 2007-2
Reply Report”)
30 NAAC 2006-AF2 Expert Reply Report of Fiachra T. O’Driscoll,
dated September 13, 2019 (with exhibits) (“O’Driscoll 2006-
AF2 Reply Report”)
31 NAAC 2006-AF2 Reply Expert Report of Richard W. Payne, III,
dated September 9, 2013 (without appendices) (“Payne Reply
Report”)
32 NHELI 2007-3 Reply Expert Report of Jerry A. Hausman as
adopted by Mark Rainey, dated March 31, 2020 (with exhibits)
(“Rainey Reply Report”)
33 NHELI 2007-3 Amended Reply Expert Report of Jerry A.
Hausman as adopted by Mark Rainey, dated February 12, 2021
(with exhibits) (“Rainey Amended Reply Report”)
34 NHELI 2007-3 Rebuttal Expert Report of Peter M. Ross, dated
January 31, 2020 (with appendices) (“Ross Report”)
35 NHELI 2007-3 Expert Report of Stephen Rudner, dated January
31, 2020 (with appendices) (“Rudner Report”)
36 Excerpts of the transcript of the deposition of John Berczuk,
dated April 25, 2018 (“Berczuk 4/25/18 Tr.”). This document
has been excerpted pursuant to Commercial Rule 16(a).
37 Excerpts of the transcript of the deposition of John Berczuk,
dated December 20, 2018 (“Berczuk 12/20/18 Tr.”). This
document has been excerpted pursuant to Commercial Rule
16(a).
38 Juliet Buck Deposition Transcript, dated February 14, 2018
(“Buck 2/14/18 Tr.”)
39 Juliet Buck Deposition Transcript, dated February 15, 2018
(“Buck 2/15/18 Tr.”)
40 Excerpts of the transcript of the deposition of Timothy Crowley,
dated October 11, 2017 (“Crowley 10/11/17 Tr.”). This
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document has been excerpted pursuant to Commercial Rule
16(a).
41 Excerpts of the transcript of the deposition of James DePalma,
dated January 17, 2018 (“DePalma Tr.”). This document has
been excerpted pursuant to Commercial Rule 16(a).
42 Excerpts of the transcript of the deposition of Brett Handelman,
dated January 30, 2019 (“Handelman 1/30/19 Tr.”). This
document has been excerpted pursuant to Commercial Rule
16(a).
43 Excerpts of the transcript of the deposition of Brett Handelman,
dated January 31, 2019 (“Handelman 1/31/19 Tr.”). This
document has been excerpted pursuant to Commercial Rule
16(a).
44 Andria Harris Deposition Transcript, dated March 11, 2021
(“Harris 3/11/21 Tr.”)
45 Andria Harris Deposition Transcript, dated March 12, 2021
(“Harris 3/12/21 Tr.”)
46 Excerpts of the transcript of the deposition of Alexander
Humphries, dated February 21, 2018 (“Humphries 2/21/18 Tr.”).
This document has been excerpted pursuant to Commercial Rule
16(a).
47 Excerpts of the transcript of the deposition of John H. Hyle,
dated May 15, 2018 (“Hyle 5/15/18 Tr.”). This document has
been excerpted pursuant to Commercial Rule 16(a).
48 Jason Jastrzemski Deposition Transcript, dated May 15, 2018
(“Jastrzemski Tr.”)
49 Excerpts of the transcript of the deposition of Karen Kettle,
dated June 6, 2018 (“Kettle Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
50 Excerpts of the transcript of the deposition of Brian LaForest,
dated May 10, 2018 (“LaForest Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
51 Dennis Lauria Deposition Transcript, dated April 7, 2021
(“Lauria 4/7/21 Tr.”)
52 Dennis Lauria Deposition Transcript, dated April 8, 2021
(“Lauria 4/8/21 Tr.”)
53 Anthony Lendez Deposition Transcript, dated November 12,
2020 (“Lendez 11/12/20 Tr.”)
54 Anthony Lendez Deposition Transcript, dated January 27, 2021
(“Lendez 1/27/21 Tr.”)
55 Anthony Lendez Deposition Transcript, dated January 28, 2021
(“Lendez 1/28/21 Tr.”)
56 Excerpts of the transcript of the deposition of Jeane Leschak,
dated December 20, 2017 (“Leschak Tr.”). This document has
been excerpted pursuant to Commercial Rule 16(a).
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57 Excerpts of the transcript of the deposition of Beena Menon,
dated June 20, 2018 (“Menon Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
58 Fiachra T. O’Driscoll Deposition Transcript, dated November
14, 2019 (“O’Driscoll Tr.”)
59 Excerpts of the transcript of the deposition of Michael Pierro,
dated September 25, 2017 (“Pierro Tr.”). This document has
been excerpted pursuant to Commercial Rule 16(a).
60 Nancy Prahofer Deposition Transcript, dated February 27, 2018
(“Prahofer 2/27/18 Tr.”)
61 Nancy Prahofer Deposition Transcript, dated October 10, 2018
(“Prahofer 10/10/18 Tr.”)
62 Nancy Prahofer Deposition Transcript, dated October 11, 2018
(“Prahofer 10/11/18 Tr.”)
63 Nancy Prahofer Deposition Transcript, dated October 30, 2018
(“Prahofer 10/30/18 Tr.”)
64 Nancy Prahofer Deposition Transcript, dated October 31, 2018
(“Prahofer 10/31/18 Tr.”)
65 Mark Rainey, Ph.D. Deposition Transcript, dated August 25,
2021 (“Rainey 8/25/21 Tr.”)
66 Mark Rainey, Ph.D. Deposition Transcript, dated August 26,
2021 (“Rainey 8/26/21 Tr.”)
67 Peter Ross Deposition Transcript, dated February 17, 2021
(“Ross 2/17/21 Tr.”)
68 Peter Ross Deposition Transcript, dated February 19, 2021
(“Ross 2/19/21 Tr.”)
69 Stephen Rudner Deposition Transcript, dated February 11, 2021
(“Rudner Tr.”)
70 Excerpts of the transcript of the deposition of Barry Schwartz,
dated December 19, 2018 (“Schwartz Tr.”). This document has
been excerpted pursuant to Commercial Rule 16(a).
71 Excerpts of the transcript of the deposition of Nicole Selby,
dated August 21, 2018 (“Selby Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
72 Excerpts of the transcript of the deposition of Neil Spagna, dated
October 4, 2017 (“Spagna Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
73 Excerpts of the transcript of the deposition of Jolene Stratton,
dated May 11, 2018 (“Stratton Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
74 Excerpts of the transcript of the deposition of James Thomes,
dated June 27, 2018 (“Thomes Tr.”). This document has been
excerpted pursuant to Commercial Rule 16(a).
75 Jay Williams Deposition Transcript, dated February 5, 2019
(“Williams Tr.”)
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76 Wells Fargo Conduit Servicing Guide, dated January 1997, as
amended July 2001, as amended and restated January 2006 at
WF_NOMURA_000163885-164021
77 Uniform Residential Loan Application for NHELI 2007-2 Loan
, at NOM_AMHERSTII
00419715-419723
78 Borrower “Hardship Letter” for NHELI 2007-2 Loan
, at
HSBC_NHELI_07_2_00898698-8699
79 Excerpt from the Ocwen December 21, 2014 remittance report
for NHELI 2007-3 Trust Loan 171973593 at
OCW_NLI3_004860692
80 Ocwen Residential Default Servicing Foreclosure Data, October
2008, January-February 2009, July 2009-April 2010, June 2010,
October-November 2010 at OCWN_NOM_JOINT_00293558,
00294118, 294012, 294241, 293703, 294729, 294602, 294475,
293841, 295319, 295168, 295721, 294823, 295589, 296130,
295998
81 Borrower “Hardship Letter” for NHELI 2007-2 Loan
, at OCW_NLI2_001481043-
1046
82 Consent Judgment between the Consumer Financial Protection
Bureau, et al., Ocwen Financial Corporation, and Ocwen Loan
Servicing, LLC, dated December 11, 2013
83 Email from J. Scott to J. Berczuk, et al., dated July 16, 2013,
transmitting a Wells Fargo Home Mortgage/Wells Fargo
Corporate Trust Services PowerPoint Presentation, dated July
18, 2013, attached, at WF_NOMURA_000419482-419483
84 Email from D. Woodus to N. Selby, dated August 2, 2013,
forwarding email from J. Buck, with attachment, at
WF_NOMURA_000804110-80411
85 Altisource RealEstate Valuation Services BPO for NHELI 2007-
3 Trust Loan 171973593 at OCW_NLI3_003752104-2105
86 Email from J. Kelly to N. Selby, dated December 13, 2013,
forwarding email from J. Buck, with attachment, at
WF_NOMURA_000805112-805114
87 Ocwen Financial Corporation Foreclosure Department
Foreclosure Portfolio Process Training Manual, dated 2014, at
OCW_FM2_004263142-63339
88 Correspondence from B. Lawsky, of the New York State
Department of Financial Services (“NYDFS”), to T. Hayes, of
Ocwen Financial Corporation, dated April 21, 2014
89 Correspondence from B. Lawsky, of the NYDFS, to T. Hayes, of
Ocwen Financial Corporation, dated August 4, 2014
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90 Consent Order Pursuant to New York Banking Law, dated
December 22, 2014
91 Moody’s Investor Services: US RMBS Master Servicer Quality
Assessments, dated June 29, 2006
92 March 3, 2017 Order of the Special Discovery Master, The Hon.
T. Katz
93 Wells Fargo DSM Operations-Repurchase Procedures, dated
May 29, 2008, at WF_NOMURA_000000031-32
94 Wells Fargo DSM Operations-Repurchase Procedures, dated
January 13, 2011, at WF_NOMURA_000000247-248
95 Wells Fargo DSM Loss Batch Approval Procedures, dated April
13, 2010, at WF_NOMURA_000000193-195
96 Wells Fargo Loss Processing Procedure, dated November 4,
2013, at WF_NOMURA_000000631-636
97 Wells Fargo Real Estate Owned (REO) DSM Procedures, dated
June 3, 2015, at WF_NOMURA_000000955-958
98 Temporary Order to Cease and Desist to Ocwen Loan Servicing,
LLC, dated April 20, 2017
99 Email from C. Howard, Esq., Counsel for Ocwen, et al., to A.
Stovall, Esq., Counsel for Nomura, et al., dated August 9, 2017.
100 Deposition Background Questionnaire for John Berczuk, dated
April 23, 2018
101 Email from C. Howard, Esq., Counsel for Ocwen, et al., to J.
Chernov, Counsel for Nomura, et al., dated June 18, 2018
102 Deposition Background Questionnaire for James Thomes, dated
June 26, 2018
103 Correspondence from M. Shuster, Counsel for the Trustee, et al.,
to The Hon. M. Friedman, et al., dated July 16, 2018, with
attachment
104 Deposition Background Questionnaire for Nicole Selby, dated
August 20, 2018
105 October 18, 2018 Order of The Hon. M. Friedman
106 Email chain between J. Boylan, Esq., Counsel for Wells Fargo,
et al., and A. Stovall, Esq., Counsel for Nomura, et al., from
February 27, 2019 through April 11, 2019
107 Email from S. Chelney, Esq., Counsel for Ocwen, et al., to J.
Chernov, Esq., Counsel for Nomura, et al., dated April 9, 2019
108 Excerpt from Appendix A of the NHELI 2007-2 Reply Expert
Report of Richard W. Payne, dated September 13, 2009
109 Excerpt from Exhibit D of the NHELI 2007-3 Reply Expert
Report of Robert W. Hunter, dated February 28, 2020
110 Correspondence from A. Stovall, Esq., Counsel for Nomura, to
The Hon. T. Katz, et al., dated June 3, 2020
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111 Correspondence from J. Baltruzak, Esq., Counsel for Wells
Fargo, et al., to A. Stovall, Esq., Counsel to Nomura, et al.,
dated September 16, 2020, with attachment
112 Correspondence from A. Stovall, Esq., Counsel for Nomura, et
al., to J. Baltruzak, Esq., Counsel for Wells Fargo, et al., dated
October 2, 2020
113 Email from A. Stovall, Esq., Counsel for Nomura, et al., to J.
Baltruzak, Esq., Counsel for Wells Fargo, et al., dated October
16, 2020, with attached Nomura Proposed Exemplar Revisions
to the August 12th Supplement to Interrogatory No. 2
114 Correspondence from J. Baltruzak, Esq., Counsel for Wells
Fargo, et al., to A. Stovall, Esq., Counsel for Nomura, et al.,
dated October 22, 2020
115 Correspondence from A. Stovall, Esq., Counsel for Nomura, et
al., to J. Baltruzak, Esq., Counsel for Wells Fargo, et al., dated
October 30, 2020
116 Correspondence from J. Baltruzak, Esq., Counsel for Wells
Fargo, et al., to A. Stovall, Esq., Counsel for Nomura, et al.,
dated November 20, 2020
117 Email from The Hon. M. Crane to J. Baltruzak, Esq., et al., dated
September 21, 2021, with attachment
118 “Exhibit 3: Calculation of Realized Loss/Gain Form 332—
Instruction Sheet” at HSBC_NHELI_07_3_000003222
119 Department of Justice: National Mortgage Servicer Settlements
retrieved from www.justice.gov/ust/national-mortgage-
settlements.com
120 Excerpt from the Ocwen Report for NHELI 2007-3 Trust Loan
at OCW_NLI3_003832255
121 Excerpt from the Ocwen Report for NHELI 2007-3 Trust Loan
at OCW_NLI3_004863400
122 Federal Reserve Bank of Philadelphia, Working Papers Research
Department, Mortgage Loss Severities: What Keeps Them So
High?, dated March 2019
Dated: February 10, 2022
/s/ Amianna Stovall
Amianna Stovall
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Preview
FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA ASSET ACCEPTANCE CORPORATION ALTERNATIVE LOAN Index No. 652619/2012 TRUST, SERIES 2006-S3, by HSBC BANK USA, NATIONAL ASSOCIATION, in its IAS Part 60 capacity as Trustee pursuant to a Pooling and Servicing Agreement, dated as of July 1, 2006, Justice Melissa A. Crane Plaintiff, -against- NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Index No. 595353/2014 Third-Party Plaintiff, -against- WELLS FARGO BANK, N.A. and OCWEN LOAN SERVICING, LLC, Third-Party Defendants. AFFIRMATION OF AMIANNA STOVALL IN SUPPORT OF NOMURA CREDIT & CAPITAL, INC.’S OPPOSITION TO THE SUMMARY JUDGMENT MOTIONS OF WELLS FARGO BANK, N.A. AND OCWEN LOAN SERVICING, INC. (Additional Captions Follow) 1 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA ASSET ACCEPTANCE CORPORATION ALTERNATIVE LOAN TRUST, SERIES 2006-S4, by Index No. 653390/2012 HSBC BANK USA, NATIONAL ASSOCIATION, in its capacity as Trustee, IAS Part 60 Plaintiff, Justice Melissa A. Crane -against- NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Index No. 595306/2014 Third-Party Plaintiff, -against- WELLS FARGO BANK, N.A. and OCWEN LOAN SERVICING, LLC, Third-Party Defendants. 2 2 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA HOME EQUITY LOAN, INC., SERIES 2006-FM2, pursuant to a Pooling and Servicing Index No. 653783/2012 Agreement, dated as of October 1, 2006, by HSBC BANK USA, NATIONAL ASSOCIATION, solely IAS Part 60 in its capacity as the Trustee, Justice Melissa A. Crane Plaintiff, -against- NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Index No. 595352/2014 Third-Party Plaintiff, -against- WELLS FARGO BANK, N.A. and OCWEN LOAN SERVICING, LLC, Third-Party Defendants. 3 3 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA HOME EQUITY LOAN, INC., SERIES 2007-3, pursuant to a Pooling and Index No. 651124/2013 Servicing Agreement, dated as of April 1, 2007, by HSBC BANK USA, NATIONAL IAS Part 60 ASSOCIATION, solely in its capacity as the Trustee, Justice Melissa A. Crane Plaintiff, -against- NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Index No. 595351/2014 Third-Party Plaintiff, -against- WELLS FARGO BANK, N.A. and OCWEN LOAN SERVICING, LLC, Third-Party Defendants. 4 4 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA HOME EQUITY LOAN, INC., HOME EQUITY LOAN TRUST, SERIES 2007-2, by HSBC Index No. 650337/2013 BANK USA, National Association, as Trustee, Plaintiff, IAS Part 60 -against- Justice Melissa A. Crane NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Index No. 595359/2014 Third-Party Plaintiff, -against- WELLS FARGO BANK, N.A. and OCWEN LOAN SERVICING, LLC, Third-Party Defendants. 5 5 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, Index No. 652614/2012 SERIES 2006-AF2 TRUST, by HSBC Bank USA, National Association, as Trustee, IAS Part 60 Plaintiff, Justice Melissa A. Crane -against- NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Index No. 595358/2014 Third-Party Plaintiff, -against- WELLS FARGO BANK, N.A., Third-Party Defendant. 6 6 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 AMIANNA STOVALL, an attorney at law, duly admitted to practice in The State of New York, does hereby affirm the truth of the following statements under penalty of perjury: 1. I am a member of the law firm of Constantine Cannon LLP, counsel for Defendant and Third-Party Plaintiff Nomura Credit & Capital, Inc. (“Nomura”). I submit this affirmation in support of Nomura’s oppositions to the summary judgment motions of Third-Party Defendants Wells Fargo Bank, N.A. (“Wells Fargo”) and Ocwen Loan Servicing, LLC (“Ocwen”) in each of the above-captioned actions. 2. True and correct copies of the following documents are included herewith: Exhibit No. Description 1 Pooling and Servicing Agreement (“PSA”) for the Nomura Home Equity Loan, Inc. Asset-Backed Certificates, Series 2007- 3 (“NHELI 2007-3”), dated as of April 1, 2007 2 PSA for the NAAC Mortgage Pass-Through Certificates, Series 2006-AF2 (“NAAC 2006-AF2”), dated as of July 1, 2006 3 PSA for the Nomura Asset Acceptance Corporation (“NAAC”) Alternative Loan Trust, Series 2006-S3 (“NAAC 2006-S3”), dated as of July 1, 2006 4 PSA for the NAAC Alternative Loan Trust, Series 2006-S4 (“NAAC 2006-S4”), dated as of September 1, 2006 5 PSA for the NHELI Asset-Backed Certificate, Series 2006-FM2 (“NHELI 2006-FM2”), dated as of October 1, 2006 6 PSA for the NHELI Asset-Backed Certificates, Series 2007-2 (“NHELI 2007-2”), dated as of January 1, 2007 7 NHELI 2007-3 Prospectus Supplement (“ProSupp”), dated April 27, 2007 8 Seller’s Warranties and Servicing Agreement (“SWSA”) between Nomura and Wells Fargo for Subprime Adjustable Rate and Fixed Rate Mortgage Loans, WFHM Series 2006-M03, dated as of March 1, 2006 9 NHELI 2007-3 Responses and Objections of Defendant Wells Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index No. 651124/2013, Third Party Index No. 595351/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 10 NAAC 2006-AF2 Responses and Objections of Defendant Wells Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index 7 7 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 No. 652614/2012, Third Party Index No. 595358/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 11 NHELI 2006-FM2 Responses and Objections of Defendant Wells Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index No. 653783/2012, Third Party Index No. 595352/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 12 NAAC 2006-S3 Responses and Objections of Defendant Wells Fargo, to Plaintiff Nomura’s First Set of Interrogatories (Index No. 652619/2012, Third Party Index No. 595353/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 13 NAAC 2006-S4 Responses and Objections of Defendant Wells Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index No. 653390/2012, Third Party Index No. 595306/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 14 NHELI 2007-2 Responses and Objections of Defendant Wells Fargo to Plaintiff Nomura’s First Set of Interrogatories (Index No. 650337/2013, Third Party Index No. 595359/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 15 NHELI 2007-3 Third-Party Defendant Ocwen’s Answer, Affirmative Defenses, and Counterclaims (Index No. 651124/2013, Third Party Index No. 595351/2014) (Sup. Ct. N.Y. Cnty. Aug. 3, 2018) (“Ocwen Counterclaims”), Dkt. 404 16 NHELI 2007-3 Responses and Objections of Defendant Ocwen to Plaintiff Nomura’s First Set of Interrogatories (Index No. 651124/2013, Third Party Index No. 595351/2014) (Sup. Ct. N.Y. Cnty. June 24, 2020) 17 NHELI 2006-FM2 Expert Report of Thomas D. Cooper, dated January 8, 2020 (with appendix) (“Cooper Report”) 18 NHELI 2007-3 Expert Report of Michael Forester, dated October 11, 2019 (“Forester Report”) 19 NHELI 2007-3 Expert Report of Andria Harris, dated January 31, 2020 (with exhibits) (“Harris Report”) 20 NHELI 2007-3 Expert Report of Bruce Kenneth Hounsell, dated July 12, 2019 (with exhibits) (“Hounsell Report”) 21 NHELI 2007-3 Expert Reply Report of Bruce Kenneth Hounsell, dated July 12, 2019 (with exhibits) (“Hounsell Report”) 22 NHELI 2007-3 Amended Expert Reply Report of Bruce Kenneth Hounsell, dated January 6, 2021 (with exhibits) (“Hounsell Report”) 23 NHELI 2007-3 Expert Report of Dennis Lauria, dated January 31, 2020 (with exhibits) (“Lauria Report”) 24 NHELI 2007-3 Expert Report of Anthony Lendez, dated July 12, 2019 (with appendices) (“Lendez Report”) 8 8 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 25 NHELI 2007-3 Amended Reply Expert Report of Anthony Lendez, dated January 13, 2021 (with appendices) (“Lendez Reply Report”) 26 NAAC 2006-AF2 Amended Expert Report of Anthony M. Lendez, dated May 31, 2019 (with appendices) (“Lendez Amended AF2 Report”) 27 NAAC 2006-AF2 Amended Expert Reply Report of Anthony M. Lendez, dated January 13, 2021 (with appendices) (“Lendez Amended AF2 Reply Report”) 28 NHELI 2007-2 Expert Report of Fiachra T. O’Driscoll, dated January 31, 2018 (without exhibits) (“O’Driscoll 2007-2 Report”) 29 NHELI 2007-2 Expert Reply Report of Fiachra T. O’Driscoll, dated September 13, 2019 (with exhibits) (“O’Driscoll 2007-2 Reply Report”) 30 NAAC 2006-AF2 Expert Reply Report of Fiachra T. O’Driscoll, dated September 13, 2019 (with exhibits) (“O’Driscoll 2006- AF2 Reply Report”) 31 NAAC 2006-AF2 Reply Expert Report of Richard W. Payne, III, dated September 9, 2013 (without appendices) (“Payne Reply Report”) 32 NHELI 2007-3 Reply Expert Report of Jerry A. Hausman as adopted by Mark Rainey, dated March 31, 2020 (with exhibits) (“Rainey Reply Report”) 33 NHELI 2007-3 Amended Reply Expert Report of Jerry A. Hausman as adopted by Mark Rainey, dated February 12, 2021 (with exhibits) (“Rainey Amended Reply Report”) 34 NHELI 2007-3 Rebuttal Expert Report of Peter M. Ross, dated January 31, 2020 (with appendices) (“Ross Report”) 35 NHELI 2007-3 Expert Report of Stephen Rudner, dated January 31, 2020 (with appendices) (“Rudner Report”) 36 Excerpts of the transcript of the deposition of John Berczuk, dated April 25, 2018 (“Berczuk 4/25/18 Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 37 Excerpts of the transcript of the deposition of John Berczuk, dated December 20, 2018 (“Berczuk 12/20/18 Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 38 Juliet Buck Deposition Transcript, dated February 14, 2018 (“Buck 2/14/18 Tr.”) 39 Juliet Buck Deposition Transcript, dated February 15, 2018 (“Buck 2/15/18 Tr.”) 40 Excerpts of the transcript of the deposition of Timothy Crowley, dated October 11, 2017 (“Crowley 10/11/17 Tr.”). This 9 9 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 document has been excerpted pursuant to Commercial Rule 16(a). 41 Excerpts of the transcript of the deposition of James DePalma, dated January 17, 2018 (“DePalma Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 42 Excerpts of the transcript of the deposition of Brett Handelman, dated January 30, 2019 (“Handelman 1/30/19 Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 43 Excerpts of the transcript of the deposition of Brett Handelman, dated January 31, 2019 (“Handelman 1/31/19 Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 44 Andria Harris Deposition Transcript, dated March 11, 2021 (“Harris 3/11/21 Tr.”) 45 Andria Harris Deposition Transcript, dated March 12, 2021 (“Harris 3/12/21 Tr.”) 46 Excerpts of the transcript of the deposition of Alexander Humphries, dated February 21, 2018 (“Humphries 2/21/18 Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 47 Excerpts of the transcript of the deposition of John H. Hyle, dated May 15, 2018 (“Hyle 5/15/18 Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 48 Jason Jastrzemski Deposition Transcript, dated May 15, 2018 (“Jastrzemski Tr.”) 49 Excerpts of the transcript of the deposition of Karen Kettle, dated June 6, 2018 (“Kettle Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 50 Excerpts of the transcript of the deposition of Brian LaForest, dated May 10, 2018 (“LaForest Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 51 Dennis Lauria Deposition Transcript, dated April 7, 2021 (“Lauria 4/7/21 Tr.”) 52 Dennis Lauria Deposition Transcript, dated April 8, 2021 (“Lauria 4/8/21 Tr.”) 53 Anthony Lendez Deposition Transcript, dated November 12, 2020 (“Lendez 11/12/20 Tr.”) 54 Anthony Lendez Deposition Transcript, dated January 27, 2021 (“Lendez 1/27/21 Tr.”) 55 Anthony Lendez Deposition Transcript, dated January 28, 2021 (“Lendez 1/28/21 Tr.”) 56 Excerpts of the transcript of the deposition of Jeane Leschak, dated December 20, 2017 (“Leschak Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 10 10 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 57 Excerpts of the transcript of the deposition of Beena Menon, dated June 20, 2018 (“Menon Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 58 Fiachra T. O’Driscoll Deposition Transcript, dated November 14, 2019 (“O’Driscoll Tr.”) 59 Excerpts of the transcript of the deposition of Michael Pierro, dated September 25, 2017 (“Pierro Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 60 Nancy Prahofer Deposition Transcript, dated February 27, 2018 (“Prahofer 2/27/18 Tr.”) 61 Nancy Prahofer Deposition Transcript, dated October 10, 2018 (“Prahofer 10/10/18 Tr.”) 62 Nancy Prahofer Deposition Transcript, dated October 11, 2018 (“Prahofer 10/11/18 Tr.”) 63 Nancy Prahofer Deposition Transcript, dated October 30, 2018 (“Prahofer 10/30/18 Tr.”) 64 Nancy Prahofer Deposition Transcript, dated October 31, 2018 (“Prahofer 10/31/18 Tr.”) 65 Mark Rainey, Ph.D. Deposition Transcript, dated August 25, 2021 (“Rainey 8/25/21 Tr.”) 66 Mark Rainey, Ph.D. Deposition Transcript, dated August 26, 2021 (“Rainey 8/26/21 Tr.”) 67 Peter Ross Deposition Transcript, dated February 17, 2021 (“Ross 2/17/21 Tr.”) 68 Peter Ross Deposition Transcript, dated February 19, 2021 (“Ross 2/19/21 Tr.”) 69 Stephen Rudner Deposition Transcript, dated February 11, 2021 (“Rudner Tr.”) 70 Excerpts of the transcript of the deposition of Barry Schwartz, dated December 19, 2018 (“Schwartz Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 71 Excerpts of the transcript of the deposition of Nicole Selby, dated August 21, 2018 (“Selby Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 72 Excerpts of the transcript of the deposition of Neil Spagna, dated October 4, 2017 (“Spagna Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 73 Excerpts of the transcript of the deposition of Jolene Stratton, dated May 11, 2018 (“Stratton Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 74 Excerpts of the transcript of the deposition of James Thomes, dated June 27, 2018 (“Thomes Tr.”). This document has been excerpted pursuant to Commercial Rule 16(a). 75 Jay Williams Deposition Transcript, dated February 5, 2019 (“Williams Tr.”) 11 11 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 76 Wells Fargo Conduit Servicing Guide, dated January 1997, as amended July 2001, as amended and restated January 2006 at WF_NOMURA_000163885-164021 77 Uniform Residential Loan Application for NHELI 2007-2 Loan , at NOM_AMHERSTII 00419715-419723 78 Borrower “Hardship Letter” for NHELI 2007-2 Loan , at HSBC_NHELI_07_2_00898698-8699 79 Excerpt from the Ocwen December 21, 2014 remittance report for NHELI 2007-3 Trust Loan 171973593 at OCW_NLI3_004860692 80 Ocwen Residential Default Servicing Foreclosure Data, October 2008, January-February 2009, July 2009-April 2010, June 2010, October-November 2010 at OCWN_NOM_JOINT_00293558, 00294118, 294012, 294241, 293703, 294729, 294602, 294475, 293841, 295319, 295168, 295721, 294823, 295589, 296130, 295998 81 Borrower “Hardship Letter” for NHELI 2007-2 Loan , at OCW_NLI2_001481043- 1046 82 Consent Judgment between the Consumer Financial Protection Bureau, et al., Ocwen Financial Corporation, and Ocwen Loan Servicing, LLC, dated December 11, 2013 83 Email from J. Scott to J. Berczuk, et al., dated July 16, 2013, transmitting a Wells Fargo Home Mortgage/Wells Fargo Corporate Trust Services PowerPoint Presentation, dated July 18, 2013, attached, at WF_NOMURA_000419482-419483 84 Email from D. Woodus to N. Selby, dated August 2, 2013, forwarding email from J. Buck, with attachment, at WF_NOMURA_000804110-80411 85 Altisource RealEstate Valuation Services BPO for NHELI 2007- 3 Trust Loan 171973593 at OCW_NLI3_003752104-2105 86 Email from J. Kelly to N. Selby, dated December 13, 2013, forwarding email from J. Buck, with attachment, at WF_NOMURA_000805112-805114 87 Ocwen Financial Corporation Foreclosure Department Foreclosure Portfolio Process Training Manual, dated 2014, at OCW_FM2_004263142-63339 88 Correspondence from B. Lawsky, of the New York State Department of Financial Services (“NYDFS”), to T. Hayes, of Ocwen Financial Corporation, dated April 21, 2014 89 Correspondence from B. Lawsky, of the NYDFS, to T. Hayes, of Ocwen Financial Corporation, dated August 4, 2014 12 12 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 90 Consent Order Pursuant to New York Banking Law, dated December 22, 2014 91 Moody’s Investor Services: US RMBS Master Servicer Quality Assessments, dated June 29, 2006 92 March 3, 2017 Order of the Special Discovery Master, The Hon. T. Katz 93 Wells Fargo DSM Operations-Repurchase Procedures, dated May 29, 2008, at WF_NOMURA_000000031-32 94 Wells Fargo DSM Operations-Repurchase Procedures, dated January 13, 2011, at WF_NOMURA_000000247-248 95 Wells Fargo DSM Loss Batch Approval Procedures, dated April 13, 2010, at WF_NOMURA_000000193-195 96 Wells Fargo Loss Processing Procedure, dated November 4, 2013, at WF_NOMURA_000000631-636 97 Wells Fargo Real Estate Owned (REO) DSM Procedures, dated June 3, 2015, at WF_NOMURA_000000955-958 98 Temporary Order to Cease and Desist to Ocwen Loan Servicing, LLC, dated April 20, 2017 99 Email from C. Howard, Esq., Counsel for Ocwen, et al., to A. Stovall, Esq., Counsel for Nomura, et al., dated August 9, 2017. 100 Deposition Background Questionnaire for John Berczuk, dated April 23, 2018 101 Email from C. Howard, Esq., Counsel for Ocwen, et al., to J. Chernov, Counsel for Nomura, et al., dated June 18, 2018 102 Deposition Background Questionnaire for James Thomes, dated June 26, 2018 103 Correspondence from M. Shuster, Counsel for the Trustee, et al., to The Hon. M. Friedman, et al., dated July 16, 2018, with attachment 104 Deposition Background Questionnaire for Nicole Selby, dated August 20, 2018 105 October 18, 2018 Order of The Hon. M. Friedman 106 Email chain between J. Boylan, Esq., Counsel for Wells Fargo, et al., and A. Stovall, Esq., Counsel for Nomura, et al., from February 27, 2019 through April 11, 2019 107 Email from S. Chelney, Esq., Counsel for Ocwen, et al., to J. Chernov, Esq., Counsel for Nomura, et al., dated April 9, 2019 108 Excerpt from Appendix A of the NHELI 2007-2 Reply Expert Report of Richard W. Payne, dated September 13, 2009 109 Excerpt from Exhibit D of the NHELI 2007-3 Reply Expert Report of Robert W. Hunter, dated February 28, 2020 110 Correspondence from A. Stovall, Esq., Counsel for Nomura, to The Hon. T. Katz, et al., dated June 3, 2020 13 13 of 14 FILED: NEW YORK COUNTY CLERK 08/04/2022 08:36 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2621 RECEIVED NYSCEF: 08/04/2022 111 Correspondence from J. Baltruzak, Esq., Counsel for Wells Fargo, et al., to A. Stovall, Esq., Counsel to Nomura, et al., dated September 16, 2020, with attachment 112 Correspondence from A. Stovall, Esq., Counsel for Nomura, et al., to J. Baltruzak, Esq., Counsel for Wells Fargo, et al., dated October 2, 2020 113 Email from A. Stovall, Esq., Counsel for Nomura, et al., to J. Baltruzak, Esq., Counsel for Wells Fargo, et al., dated October 16, 2020, with attached Nomura Proposed Exemplar Revisions to the August 12th Supplement to Interrogatory No. 2 114 Correspondence from J. Baltruzak, Esq., Counsel for Wells Fargo, et al., to A. Stovall, Esq., Counsel for Nomura, et al., dated October 22, 2020 115 Correspondence from A. Stovall, Esq., Counsel for Nomura, et al., to J. Baltruzak, Esq., Counsel for Wells Fargo, et al., dated October 30, 2020 116 Correspondence from J. Baltruzak, Esq., Counsel for Wells Fargo, et al., to A. Stovall, Esq., Counsel for Nomura, et al., dated November 20, 2020 117 Email from The Hon. M. Crane to J. Baltruzak, Esq., et al., dated September 21, 2021, with attachment 118 “Exhibit 3: Calculation of Realized Loss/Gain Form 332— Instruction Sheet” at HSBC_NHELI_07_3_000003222 119 Department of Justice: National Mortgage Servicer Settlements retrieved from www.justice.gov/ust/national-mortgage- settlements.com 120 Excerpt from the Ocwen Report for NHELI 2007-3 Trust Loan at OCW_NLI3_003832255 121 Excerpt from the Ocwen Report for NHELI 2007-3 Trust Loan at OCW_NLI3_004863400 122 Federal Reserve Bank of Philadelphia, Working Papers Research Department, Mortgage Loss Severities: What Keeps Them So High?, dated March 2019 Dated: February 10, 2022 /s/ Amianna Stovall Amianna Stovall 14 14 of 14