Preview
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
NOMURA ASSET ACCEPTANCE CORPORATION
MORTGAGE PASS-THROUGH CERTIFICATES, Index No. 6526 14/2012
SERIES 2006-AF2 TRUST, by HSBC Bank USA,
National Association, as Trustee, lAS Part 60
Plaintiff, Justice Melissa A. Crane
-against
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC.,
Third-Party Plaintiff,
-against
WELLS FARGO BANK, N.A.
Third-Party Defendant.
1 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
NOMURA HOME EQUITY LOAN, [NC., HOME
EQUITY LOAN TRUST, SERIES 2007-2, by HSBC Index No. 650337/20 13
BANK USA, National Association, as Trustee,
lAS Part 60
Plaintiff,
Justice Melissa A. Crane
-against
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
NOMURA CREDIT & CAPITAL, INC.,
Third-Party Plaintiff,
-against
WELLS FARGO BANK, N.A. and OCWEN LOAN
SERVICING. LLC,
Third-Party Defendants.
2 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
NOMURA ASSET ACCEPTANCE CORPORATION
ALTERNATIVE LOAN TRUST, SERIES 2007-1, by Index No. 652842/20 14
HSBC BANK USA, NATIONAL ASSOCIATION, in
its capacity as Trustee, lAS Part 60
Plaintiff, Justice Melissa A. Crane
-against
NOMURA CREDIT & CAPITAL, INC.,
Defendant.
AFFIRMATION OF DAVID I. SCHIEFELBEIN IN FURTHER OPPOSITION
TO DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT
David I. Schiefelbein, an attorney admitted to practice before the courts of this State,
hereby affirms under penalty of perjury:
1. I am a principal with the law firm of McKool Smith, P.C., counsel for Plaintiff
HSBC Bank USA, National Association, solely in its capacity as trustee (the “Trustee”) for the
Trust at issue in Nomura Asset Acceptance Corp. Alternative Loan Trust, Series 200 7-1 v.
Nonnera Credit & Cap., Inc. (Index No. 652842/20 14) (“NAAC 2007-1”). I have also been
designated by the Trustee to make this affirmation in Nomura Asset Acceptance Corp. Mortg.
Pass-Through CertUlcates, Series 2006-AF2 Trust v. Nomura Credit & Cap., Inc. (Index No.
652614/2012) (“NAAC 2006-AF2”) and Nomura Home Equity Loan, Inc., Home Equity Loan
Trust, Series 2007-2 v. Nomura Credit & Cap., Inc. (Index No. 650337/20 13) (“NHELI2007-2”,
collectively with NAAC 2007-1, and NAAC 2006-AF2, the “Remaining Actions” stillat issue in
this motion).’ I respectfully submit this Affirmation in Further Opposition to Defendant’s
Per this Court’s May 2, 2022 orders, the notes of issue have been vacated and motions for
summary judgment withdrawn in four cases formerly coordinated for summary judgment (NAAC
2006-S3; NAAC 2006-S4; NHELI 2006-FM2; and NHELI 200 7-3). Those four cases are
3 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
Motions for Summary Judgment. Exhibits 1—215 were attached to my Affirmation in Support of
Plaintiff’s Motion for Partial Summary Judgment, dated November 12, 2021. Exhibits 2 16—335
were attached to my Affirmation in Opposition to Defendant’s Motions for Summary Judgment,
dated February 10, 2022. Exhibits 33 6—343 were attached to my Affirmation in Further Support
of Plaintiff’s Motion for Partial Summary Judgment, dated June 16, 2022.
2. Attached hereto as Exhibit 344 is a chart summarizing the pre-suit notices that
were sent to defendant Nomura in NAAC 2007-1. The chart provides: (i) the Loan2 numbers; (ii)
the date each Loan was noticed to Nomura; (iii) the breached Warranties that were noticed; (iv)
the Material Adverse Effect (or “MAE”) Warranty breaches identified by Mr. Butler; (v) the
MAE Warranty breaches identified by Mr. Butler that were included on the pre-suit notices sent
to Nomura; and (vi) whether each Loan was “Uncontested”, as set forth in Appendix C to
Plaintiff’s Reply in Further Support of Plaintiff’s Motion for Partial Summary Judgment. Given
the number of Loans, the number of breaches, and the number of breach notices sent to Nomura,
the materials summarized in Exhibit 344 are too voluminous for convenient examination by the
Court and the chart is an accurate representation of the original documents. Nonetheless, the
original documents from which the information in the chart is derived are each admissible and
before the Court.
3. Attached hereto as Exhibit 345 is a chart summarizing the pre-suit notice that was
sent to defendant Nomura in NAAC 2006-AF2. The chart provides: (i) the Loan numbers; (ii)the
date each Loan was noticed to Nomura; (iii) the breached Warranties that were noticed; (iv) the
MAE Warranty breaches identified by Mr. Payne; (v) the MAE Warranty breaches identified by
therefore excluded from the “Actions” at issue in this motion.
2
Capitalized Terms not defined herein shall have the meaning assigned to them in
Appendix A to the Trustee’s Reply.
2
4 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
Mr. Payne that were included on pre-suit notices sent to Nomura; and (vi) whether each Loan
was “Uncontested”, as set forth in Appendix C to Plaintiffs Reply in Further Support of
Plaintiffs Motion for Partial Summary Judgment. Given the number of Loans, the number of
breaches, and the nature of the breach notice sent to Nomura. the materials summarized in
Exhibit 345 are too voluminous for convenient examination by the Court and the chart is an
accurate representation of the original documents. Nonetheless, the original documents from
which the information in the chart is derived are each admissible and before the Court.
4. Attached hereto as Exhibit 346 is a chart summarizing the pre-suit notices that
were sent to defendant Nomura in ATHELI 200 7-2. The chart provides: (i)the Loan numbers; (ii)
the date each Loan was noticed to Nomura; (iii)the breached Warranties that were noticed; (iv)
the MAE Warranty breaches identified by Mr. Payne; (v) the MAE Warranty breaches identified
by Mr. Payne that were included on pre-suit notices sent to Nomura; and (vi) whether each Loan
was “Uncontested”, as set forth in Appendix C to Plaintiffs Reply in Further Support of
Plaintiffs Motion for Partial Summary Judgment. Given the number of Loans, the number of
breaches, and the number of breach notices sent to Nomura, the materials summarized in Exhibit
346 are too voluminous for convenient examination by the Court and the chart is an accurate
representation of the original documents. Nonetheless, the original documents from which the
information in the chart is derived are each admissible and before the Court.
5. Attached hereto as Exhibit 347 is a true and correct copy of the letter from
Fernando Acebedo to, amongst others, Nomura re: Nomura Asset Acceptance Corporation
Alternative Loan Trust, Series 2007-1, dated June 14, 2012, including the Exhibit B breach
schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of
SchiefelbeinAff.. ¶120, Ex. 119.
3
5 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
6. Attached hereto as Exhibit 348 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Breach — Nomura Asset Acceptance
Corporation, Alternative Loan Trust, Series 2007-1, dated April 22, 2011, including the
Appendix A breach schedule that was attached thereto. The letter was previously filed as
Schiefelbein Aff., ¶118, Ex. 117.
7. Attached hereto as Exhibit 349 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan
Trust, Series 2007-1, dated August 7, 2012, including the Exhibit B breach schedule that was
attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff.,
¶125, Ex. 124.
8. Attached hereto as Exhibit 350 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Repurchase Claim- NAAC 2007-1, dated
September 14, 2011, including the Appendix A breach schedule that was attached thereto. The
letter was previously filed as Schiefelbein Aff., ¶165, Ex. 164.
9. Attached hereto as Exhibit 351 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan
Trust, Series 2007-1, dated July 19, 2012, including the Exhibit B breach schedule that was
attached thereto. The letter, without Exhibit B, was previously filed as part of Schiefelbein Aff.,
¶122,Ex. 121.
10. Attached hereto as Exhibit 352 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan
Trust, Series 2007-1, dated July 16, 2012, including the Exhibit B breach schedule that was
4
6 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff.,
¶121,Ex. 120.
11. Attached hereto as Exhibit 353 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Breach — Nornura Asset Acceptance
Corporation, Alternative Loan Trust, Series 2007-1, dated May 27, 2011, including the Appendix
A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff.,
¶119,Ex. 118.
12. Attached hereto as Exhibit 354 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Breach — NAAC 2007-1, dated March 24, 2010,
including the Appendix A breach schedule that was attached thereto. The letter was previously
filed as Schiefelbein Aff., ¶162, Ex. 161.
13. Attached hereto as Exhibit 355 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass-
Through Certificates, Series 2007-1, dated August 30, 2012, including the Exhibit B breach
schedule that was attached thereto. The letter, without Exhibit B, was previously filed as part of
Schiefelbein Aff., ¶128, Ex. 127.
14. Attached hereto as Exhibit 356 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Repurchase Claim —NAAC 2007-1, dated July
22, 2011, including the Appendix A breach schedule that was attached thereto. The letter was
previously filed as Schiefelbein Aff., ¶164, Ex. 163.
15. Attached hereto as Exhibit 357 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Breach — Nomura Asset Acceptance
Corporation, Alternative Loan Trust, Series 2007-1, (hand) dated July 13, 2011, including the
5
7 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
Appendix A breach schedule that was attached thereto. The letter was previously filed as
Schiefelbein Aff., ¶128, Ex. 162.
16. Attached hereto as Exhibit 358 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Notice of Repurchase Claim —NAAC 2007-1, dated
September 14, 2011, including the Appendix A breach schedule that was attached thereto. The
letter was previously filed as Schiefelbein Aff., ¶166, Ex. 165.
17. Attached hereto as Exhibit 359 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass-
Through Certificates, Series 2007-1, dated August 20, 2012, including the Exhibit B breach
schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of
Schiefelbein Aff., ¶126, Ex. 125.
18. Attached hereto as Exhibit 360 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan
Trust, Series 2007-1, dated August 1, 2012, including the Exhibit B breach schedule that was
attached thereto. The letter, without Exhibit B, was previously filed as part of Schiefelbein Aff.,
¶124, Ex. 123.
19. Attached hereto as Exhibit 361 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass
Through Certificates, Series 2007-1, dated September 13, 2012, including the Exhibit B breach
schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of
Schiefelbein Aff., ¶129, Ex. 128.
20. Attached hereto as Exhibit 362 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass
6
8 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
Through Certificates, Series 2007-1, dated August 29, 2012, including the Exhibit B breach
schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of
Schiefelbein Aff., ¶127, Ex. 126.
21. Attached hereto as Exhibit 363 is a true and correct copy of the letter from Nancy
Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan
Trust, Series 2007-1, dated July 20, 2012, including the Exhibit B breach schedule that was
attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff.,
¶123, Ex. 122.
22. Attached hereto as Exhibit 364 is a true and correct copy of Exhibit B to the letter
from David H. Joseph to HSBC Bank, USA, National Association re: NAA 2006-AF2: Notice
Pursuant to Pooling and Servicing Agreement, dated April 17, 2012. The Trustee’s
corresponding letter to Nomura dated April 19, 2012, without Exhibit B, was previously filed as
part of Schiefelbein Aff. ¶144, Ex. 143.
23. Attached hereto as Exhibit 365 is a true and correct copy of Exhibit B to the letter
from David H. Joseph to HSBC Bank, USA, National Association re: NHELI 2007-2: Notice
Pursuant to Pooling and Servicing Agreement, dated August 14, 2012. The Trustee’s
corresponding letter to Nomura dated August 17, 2012, without Exhibit B, was previously filed
as part of Schiefelbein Aff. ¶152, Ex. 151.
24. Attached hereto as Exhibit 366 is a true and correct copy of Exhibit B to the letter
from David H. Joseph to HSBC Bank, USA, National Association re: NHELI 2007-2: Notice
Pursuant to Pooling and Servicing Agreement, dated August 22, 2012. The Trustee’s
corresponding letter to Nomura dated August 24, 2012, without Exhibit B, was previously filed
as part of Schiefelbein Aff. ¶156, Ex. 155.
7
9 of 10
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013
NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022
25. Attached hereto as Exhibit 367 is a true and correct copy of Schedule Ito the
letter from Freddie Mac to HSBC Bank, USA, National Association re: Nomura Home Equity
Loan, Inc., Home Equity Loan Trust Series 2007-2 (“NHELI 2007-2”), dated August 30, 2012.
The Trustee’s corresponding letter to Nomura dated September 6, 2012, without Schedule I,was
previously filed as part of Schiefelbein Aff. 157, Ex. 156.
26. Attached hereto as Exhibit 368 is a true and correct copy of Schedule Ito the
letter from Freddie Mac to HSBC Bank, USA, National Association re: Nomura Home Equity
Loan, Inc., Home Equity Loan Trust Series 2007-2 (“NHELI 2007-2”), dated August 31, 2012.
The Trustee’s corresponding letter to Nornura dated September 7, 2012, without Schedule I, was
previously filed as part of Schiefelbein Aff. ¶158, Ex. 157.
27. Attached hereto as Exhibit 369 is a true and correct copy of the transcript ruling in
Ainbac Assurance Corp. v. Countrywide Home Loans, Inc., Index No. 651612/2010, Dkt, No.
2254 (Sup. Ct. N.Y. Cnty. June 14, 2022).
28. Attached hereto as Exhibit 370 is a true and correct excerpt of the transcript of
Nancy Prahofer, dated February 26, 2018, with errata. Other excerpts from this transcript were
previously filed as Schiefelbein Aff., ¶15, Ex. 229.
Dated: New York, New York
July 21, 2022
D id .Schiefelbein
8
10 of 10
Preview
FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK NOMURA ASSET ACCEPTANCE CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, Index No. 6526 14/2012 SERIES 2006-AF2 TRUST, by HSBC Bank USA, National Association, as Trustee, lAS Part 60 Plaintiff, Justice Melissa A. Crane -against NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Plaintiff, -against WELLS FARGO BANK, N.A. Third-Party Defendant. 1 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 NOMURA HOME EQUITY LOAN, [NC., HOME EQUITY LOAN TRUST, SERIES 2007-2, by HSBC Index No. 650337/20 13 BANK USA, National Association, as Trustee, lAS Part 60 Plaintiff, Justice Melissa A. Crane -against NOMURA CREDIT & CAPITAL, INC., Defendant. NOMURA CREDIT & CAPITAL, INC., Third-Party Plaintiff, -against WELLS FARGO BANK, N.A. and OCWEN LOAN SERVICING. LLC, Third-Party Defendants. 2 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 NOMURA ASSET ACCEPTANCE CORPORATION ALTERNATIVE LOAN TRUST, SERIES 2007-1, by Index No. 652842/20 14 HSBC BANK USA, NATIONAL ASSOCIATION, in its capacity as Trustee, lAS Part 60 Plaintiff, Justice Melissa A. Crane -against NOMURA CREDIT & CAPITAL, INC., Defendant. AFFIRMATION OF DAVID I. SCHIEFELBEIN IN FURTHER OPPOSITION TO DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT David I. Schiefelbein, an attorney admitted to practice before the courts of this State, hereby affirms under penalty of perjury: 1. I am a principal with the law firm of McKool Smith, P.C., counsel for Plaintiff HSBC Bank USA, National Association, solely in its capacity as trustee (the “Trustee”) for the Trust at issue in Nomura Asset Acceptance Corp. Alternative Loan Trust, Series 200 7-1 v. Nonnera Credit & Cap., Inc. (Index No. 652842/20 14) (“NAAC 2007-1”). I have also been designated by the Trustee to make this affirmation in Nomura Asset Acceptance Corp. Mortg. Pass-Through CertUlcates, Series 2006-AF2 Trust v. Nomura Credit & Cap., Inc. (Index No. 652614/2012) (“NAAC 2006-AF2”) and Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2007-2 v. Nomura Credit & Cap., Inc. (Index No. 650337/20 13) (“NHELI2007-2”, collectively with NAAC 2007-1, and NAAC 2006-AF2, the “Remaining Actions” stillat issue in this motion).’ I respectfully submit this Affirmation in Further Opposition to Defendant’s Per this Court’s May 2, 2022 orders, the notes of issue have been vacated and motions for summary judgment withdrawn in four cases formerly coordinated for summary judgment (NAAC 2006-S3; NAAC 2006-S4; NHELI 2006-FM2; and NHELI 200 7-3). Those four cases are 3 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 Motions for Summary Judgment. Exhibits 1—215 were attached to my Affirmation in Support of Plaintiff’s Motion for Partial Summary Judgment, dated November 12, 2021. Exhibits 2 16—335 were attached to my Affirmation in Opposition to Defendant’s Motions for Summary Judgment, dated February 10, 2022. Exhibits 33 6—343 were attached to my Affirmation in Further Support of Plaintiff’s Motion for Partial Summary Judgment, dated June 16, 2022. 2. Attached hereto as Exhibit 344 is a chart summarizing the pre-suit notices that were sent to defendant Nomura in NAAC 2007-1. The chart provides: (i) the Loan2 numbers; (ii) the date each Loan was noticed to Nomura; (iii) the breached Warranties that were noticed; (iv) the Material Adverse Effect (or “MAE”) Warranty breaches identified by Mr. Butler; (v) the MAE Warranty breaches identified by Mr. Butler that were included on the pre-suit notices sent to Nomura; and (vi) whether each Loan was “Uncontested”, as set forth in Appendix C to Plaintiff’s Reply in Further Support of Plaintiff’s Motion for Partial Summary Judgment. Given the number of Loans, the number of breaches, and the number of breach notices sent to Nomura, the materials summarized in Exhibit 344 are too voluminous for convenient examination by the Court and the chart is an accurate representation of the original documents. Nonetheless, the original documents from which the information in the chart is derived are each admissible and before the Court. 3. Attached hereto as Exhibit 345 is a chart summarizing the pre-suit notice that was sent to defendant Nomura in NAAC 2006-AF2. The chart provides: (i) the Loan numbers; (ii)the date each Loan was noticed to Nomura; (iii) the breached Warranties that were noticed; (iv) the MAE Warranty breaches identified by Mr. Payne; (v) the MAE Warranty breaches identified by therefore excluded from the “Actions” at issue in this motion. 2 Capitalized Terms not defined herein shall have the meaning assigned to them in Appendix A to the Trustee’s Reply. 2 4 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 Mr. Payne that were included on pre-suit notices sent to Nomura; and (vi) whether each Loan was “Uncontested”, as set forth in Appendix C to Plaintiffs Reply in Further Support of Plaintiffs Motion for Partial Summary Judgment. Given the number of Loans, the number of breaches, and the nature of the breach notice sent to Nomura. the materials summarized in Exhibit 345 are too voluminous for convenient examination by the Court and the chart is an accurate representation of the original documents. Nonetheless, the original documents from which the information in the chart is derived are each admissible and before the Court. 4. Attached hereto as Exhibit 346 is a chart summarizing the pre-suit notices that were sent to defendant Nomura in ATHELI 200 7-2. The chart provides: (i)the Loan numbers; (ii) the date each Loan was noticed to Nomura; (iii)the breached Warranties that were noticed; (iv) the MAE Warranty breaches identified by Mr. Payne; (v) the MAE Warranty breaches identified by Mr. Payne that were included on pre-suit notices sent to Nomura; and (vi) whether each Loan was “Uncontested”, as set forth in Appendix C to Plaintiffs Reply in Further Support of Plaintiffs Motion for Partial Summary Judgment. Given the number of Loans, the number of breaches, and the number of breach notices sent to Nomura, the materials summarized in Exhibit 346 are too voluminous for convenient examination by the Court and the chart is an accurate representation of the original documents. Nonetheless, the original documents from which the information in the chart is derived are each admissible and before the Court. 5. Attached hereto as Exhibit 347 is a true and correct copy of the letter from Fernando Acebedo to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2007-1, dated June 14, 2012, including the Exhibit B breach schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of SchiefelbeinAff.. ¶120, Ex. 119. 3 5 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 6. Attached hereto as Exhibit 348 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Breach — Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-1, dated April 22, 2011, including the Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶118, Ex. 117. 7. Attached hereto as Exhibit 349 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2007-1, dated August 7, 2012, including the Exhibit B breach schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶125, Ex. 124. 8. Attached hereto as Exhibit 350 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Repurchase Claim- NAAC 2007-1, dated September 14, 2011, including the Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶165, Ex. 164. 9. Attached hereto as Exhibit 351 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2007-1, dated July 19, 2012, including the Exhibit B breach schedule that was attached thereto. The letter, without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶122,Ex. 121. 10. Attached hereto as Exhibit 352 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2007-1, dated July 16, 2012, including the Exhibit B breach schedule that was 4 6 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶121,Ex. 120. 11. Attached hereto as Exhibit 353 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Breach — Nornura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-1, dated May 27, 2011, including the Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶119,Ex. 118. 12. Attached hereto as Exhibit 354 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Breach — NAAC 2007-1, dated March 24, 2010, including the Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶162, Ex. 161. 13. Attached hereto as Exhibit 355 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass- Through Certificates, Series 2007-1, dated August 30, 2012, including the Exhibit B breach schedule that was attached thereto. The letter, without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶128, Ex. 127. 14. Attached hereto as Exhibit 356 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Repurchase Claim —NAAC 2007-1, dated July 22, 2011, including the Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶164, Ex. 163. 15. Attached hereto as Exhibit 357 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Breach — Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-1, (hand) dated July 13, 2011, including the 5 7 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶128, Ex. 162. 16. Attached hereto as Exhibit 358 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Notice of Repurchase Claim —NAAC 2007-1, dated September 14, 2011, including the Appendix A breach schedule that was attached thereto. The letter was previously filed as Schiefelbein Aff., ¶166, Ex. 165. 17. Attached hereto as Exhibit 359 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass- Through Certificates, Series 2007-1, dated August 20, 2012, including the Exhibit B breach schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶126, Ex. 125. 18. Attached hereto as Exhibit 360 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2007-1, dated August 1, 2012, including the Exhibit B breach schedule that was attached thereto. The letter, without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶124, Ex. 123. 19. Attached hereto as Exhibit 361 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass Through Certificates, Series 2007-1, dated September 13, 2012, including the Exhibit B breach schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶129, Ex. 128. 20. Attached hereto as Exhibit 362 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Mortgage Pass 6 8 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 Through Certificates, Series 2007-1, dated August 29, 2012, including the Exhibit B breach schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶127, Ex. 126. 21. Attached hereto as Exhibit 363 is a true and correct copy of the letter from Nancy Luong to, amongst others, Nomura re: Nomura Asset Acceptance Corporation Alternative Loan Trust, Series 2007-1, dated July 20, 2012, including the Exhibit B breach schedule that was attached thereto. The letter,without Exhibit B, was previously filed as part of Schiefelbein Aff., ¶123, Ex. 122. 22. Attached hereto as Exhibit 364 is a true and correct copy of Exhibit B to the letter from David H. Joseph to HSBC Bank, USA, National Association re: NAA 2006-AF2: Notice Pursuant to Pooling and Servicing Agreement, dated April 17, 2012. The Trustee’s corresponding letter to Nomura dated April 19, 2012, without Exhibit B, was previously filed as part of Schiefelbein Aff. ¶144, Ex. 143. 23. Attached hereto as Exhibit 365 is a true and correct copy of Exhibit B to the letter from David H. Joseph to HSBC Bank, USA, National Association re: NHELI 2007-2: Notice Pursuant to Pooling and Servicing Agreement, dated August 14, 2012. The Trustee’s corresponding letter to Nomura dated August 17, 2012, without Exhibit B, was previously filed as part of Schiefelbein Aff. ¶152, Ex. 151. 24. Attached hereto as Exhibit 366 is a true and correct copy of Exhibit B to the letter from David H. Joseph to HSBC Bank, USA, National Association re: NHELI 2007-2: Notice Pursuant to Pooling and Servicing Agreement, dated August 22, 2012. The Trustee’s corresponding letter to Nomura dated August 24, 2012, without Exhibit B, was previously filed as part of Schiefelbein Aff. ¶156, Ex. 155. 7 9 of 10 FILED: NEW YORK COUNTY CLERK 08/16/2022 04:01 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2974 RECEIVED NYSCEF: 08/16/2022 25. Attached hereto as Exhibit 367 is a true and correct copy of Schedule Ito the letter from Freddie Mac to HSBC Bank, USA, National Association re: Nomura Home Equity Loan, Inc., Home Equity Loan Trust Series 2007-2 (“NHELI 2007-2”), dated August 30, 2012. The Trustee’s corresponding letter to Nomura dated September 6, 2012, without Schedule I,was previously filed as part of Schiefelbein Aff. 157, Ex. 156. 26. Attached hereto as Exhibit 368 is a true and correct copy of Schedule Ito the letter from Freddie Mac to HSBC Bank, USA, National Association re: Nomura Home Equity Loan, Inc., Home Equity Loan Trust Series 2007-2 (“NHELI 2007-2”), dated August 31, 2012. The Trustee’s corresponding letter to Nornura dated September 7, 2012, without Schedule I, was previously filed as part of Schiefelbein Aff. ¶158, Ex. 157. 27. Attached hereto as Exhibit 369 is a true and correct copy of the transcript ruling in Ainbac Assurance Corp. v. Countrywide Home Loans, Inc., Index No. 651612/2010, Dkt, No. 2254 (Sup. Ct. N.Y. Cnty. June 14, 2022). 28. Attached hereto as Exhibit 370 is a true and correct excerpt of the transcript of Nancy Prahofer, dated February 26, 2018, with errata. Other excerpts from this transcript were previously filed as Schiefelbein Aff., ¶15, Ex. 229. Dated: New York, New York July 21, 2022 D id .Schiefelbein 8 10 of 10