On April 23, 2008 a
EXHIBIT(S) - P (Motion #26) - 2021.7.7.Affidavit of JMills
was filed
involving a dispute between
Midfirst Bank,
and
Associates First Capital Corporation Successor By Merger To Associates Consumer Discount Company,
Elmont Equity, Inc.,
John Doe,
John Doe (Said Name Being Fictitious, It Being The Intention Of Plaintiff To Designate Any And All Occupants Of Premises Being Foreclosed Herein And Any Parties, Corporation Or Entities, If Any, Having Or Claiming An Interest Or Lien Upon The Mortgaged
Premises),
Joseph Simonelli,
New York City Department Of Finance,
New York City Environmental Control Board,
New York City Transit Adjucation Bureau,
People Of The State Of New York,
Sandra Aicesson
As Administrator Of The Estate Of Calvin Traylor,
Sidney Mclaney,
Solomon Mckenzie,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Kings County.
Preview
FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023
EXHIBIT P
FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________________________________________Ç
MIDFIRST BANK, Index No. 12592/08
Plaintiff,
AFFIDAVIT IN
-against-
SUPPORT OF MOTION FOR
PROTECTIVE ORDER
SOLOMON MCKENZIE, ELMONT EQUITY, INC.
ASSOCIATES FIRST CAPITAL CORPORATION
SUCCESSOR BY MERGER TO ASSOCIATES
FINANCIAL SERVICES COMPANY, INC.
SUCCESSOR BY MERGER TO ASSOCIATES
CONSUMER DISCOUNT COMPANY, SANDRA
AKESSON as Administrator of the Estate of CALVIN
TRAYLOR, JOSEPH SIMONELLI, NEW YORK
CITY DEPARTMENT OF FINANCE, NEW Y ORK
CITY ENVIRONMENTAL CONTROL BOARD, NEW
YORK CITY TRANSIT ADJUDICATION
BUREAU,PEOPLE OF THE STATE OF NEW YORK,
SIDNEY MCLANEY, JOHN DOE (Said name being
fictitious, it being the intention of Plaintiff to designate any
and all occupants of premises being foreclosed herein, and
any parties, corporations or entities, if any, having or
claiming an interest or lien upon the mortgaged premises.),
Defendants.
_______________________________________________Ç
SANDRA AKESSON as Administrator of the Estate of
CALVIN TRAYLOR and SIDNEY McLANEY,
Third-Party Plaintiffs,
-against- THIRD-PARTY ACTION
FIRST RESIDENTIAL MORTGAGE SERVICES CORP., Index No. 75206/10
IRWIN MORTGAGE CORPORATION and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.,
Third-Party Defendants.
______________________----------------------Ç
SANDRA AKESSON as Administrator of the Estate of
CALVIN TRAYLOR and SIDNEY McLANEY,
Second Third-Party Plaintiffs,
SECOND THIRD-PARTY ACTION
. Index No. 12592/08
-agamst-
HELLER and VERDI P.C., RICHARD VERDI, ESQ., and
CRAIG HELLER, ESQ.
Second Third-Party Defendants.
FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023
__________.._____________________..__________________Ç
STATEOFOKLAHOMA }
}SS
COUNTY OF OKLAHOMA }
Josh Mills
, being duly sworn, deposes and says the following under
penalty of perjury:
1. I am a Vice President for MidFirst Bank ("MidFirst"). In my capacity as a Vice
President of MidFirst, it is within my responsibilities to review and sign certifications, and I am
authorized to sign this Affidavit on behalf of MidFirst.
2. In connection with making this Affidavit, I have acquired personal knowledge of
the matters set forth within by examining the business records relating to the pre-acquisition due
diligence that MidFirst performed on the pool of loans containing the Subject Loan at issue in this
action, and confirm the following to be tme to the best of my knowledge, information, and belief.
3. On June 30, 2005, MidFirst purchased the servicing nghts to the mortgage granted
by Solomon McKenzie to First Franklin (the "Subject Loan") as a part of a mortgage servicing
rights ("MSR") purchase from the prior servicer, Irwin Mortgage Corporation ("Irwin"). The Loan
was part of a purchase transaction where MidFirst acquired the servicing rights to approximately
28,000 residential mortgage loans in various pools backing Government National Mortgage
Association ("Ginnie Mae") securities.
4. In its regular course of business, MidFirst regularly acquires mortgage loans and/or
servicing rights after the loans are originated by other lenders. The purchase transaction during
which MidFirst acquired the servicing rights to the Subject Loan resulted in MidFirst acquiring
the right to service thousands of loans in pools backing securities issued by Ginnie Mae.
5. When MidFirst purchases MSRs related to Ginnie Mae-securitized loans, it does
not have the ability to individually select loans, as the MSRs are sold and purchased at the loan
2
FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023
pool level.
6. Prior to entering into the transaction, different business units at MidFirst conduct
pre-acquisition due diligence to verify that the loans and loan pools for which it is purchasing have
the characteristics that MidFirst expects. Specifically, prior to entering into the transaction,
MidFirst is given a loan tape from the seller, which has certain identifying characteristics of the
loans, such as the borrower's name, the origination date, the maturity date, the original principal
balance, the interest rate, delinquency status, and current balance, among other data points.
Because MSRs are bought and sold at the pool level and because of the number of loans in these
transactions, MidFirst does not review all of the loan files during due diligence. Instead, each
business unit performing pre-acquisition due diligence randomly selects and reviews a sub-set of
the loans in the pool as a sample for pre-acquisition due diligence.
7. For the loans included in the sample selected for pre-acquisition due diligence, each
business unit will review the aspects of the loan that business unit handles. Some departments may
review the origination file and the custodial file for a sample of loans.
8. I have reviewed MidFirst's records relating to the pre-acquisition due diligence
performed by the department(s) that review a sample of origination files and custodial files as part
of MidFirst's due diligence review. I understand that these records were entered or created by the
people who performed the pre-acquisition due diligence, or those with personal knowledge of the
pre-acquisition due diligence, at or near the time that the pre-acquisition due diligence occurred.
These records were created, maintained, and stored in the regular course of MidFirst's business as
a loan servicer, and MidFirst reviews and relies on these records in its regular course of business
as a loan servicer. There is no record of the Subject Loan being part of the sample population
selected to be reviewed by any of these departments during their pre-acquisition due diligence.
9. Because the Subject Loan was not selected for any pre-acquisition due diligence,
no documents were created or existed relating to pre-acquisition due diligence performed on the
3
FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023
related to any pre-acquisition due diligence performed on the Subject Loan.
Dated:New York, New York
July 7, 2021
By: Mills
Josh
Vice President
4
Preview
FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023 EXHIBIT P FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __________________________________________Ç MIDFIRST BANK, Index No. 12592/08 Plaintiff, AFFIDAVIT IN -against- SUPPORT OF MOTION FOR PROTECTIVE ORDER SOLOMON MCKENZIE, ELMONT EQUITY, INC. ASSOCIATES FIRST CAPITAL CORPORATION SUCCESSOR BY MERGER TO ASSOCIATES FINANCIAL SERVICES COMPANY, INC. SUCCESSOR BY MERGER TO ASSOCIATES CONSUMER DISCOUNT COMPANY, SANDRA AKESSON as Administrator of the Estate of CALVIN TRAYLOR, JOSEPH SIMONELLI, NEW YORK CITY DEPARTMENT OF FINANCE, NEW Y ORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU,PEOPLE OF THE STATE OF NEW YORK, SIDNEY MCLANEY, JOHN DOE (Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.), Defendants. _______________________________________________Ç SANDRA AKESSON as Administrator of the Estate of CALVIN TRAYLOR and SIDNEY McLANEY, Third-Party Plaintiffs, -against- THIRD-PARTY ACTION FIRST RESIDENTIAL MORTGAGE SERVICES CORP., Index No. 75206/10 IRWIN MORTGAGE CORPORATION and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Third-Party Defendants. ______________________----------------------Ç SANDRA AKESSON as Administrator of the Estate of CALVIN TRAYLOR and SIDNEY McLANEY, Second Third-Party Plaintiffs, SECOND THIRD-PARTY ACTION . Index No. 12592/08 -agamst- HELLER and VERDI P.C., RICHARD VERDI, ESQ., and CRAIG HELLER, ESQ. Second Third-Party Defendants. FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023 __________.._____________________..__________________Ç STATEOFOKLAHOMA } }SS COUNTY OF OKLAHOMA } Josh Mills , being duly sworn, deposes and says the following under penalty of perjury: 1. I am a Vice President for MidFirst Bank ("MidFirst"). In my capacity as a Vice President of MidFirst, it is within my responsibilities to review and sign certifications, and I am authorized to sign this Affidavit on behalf of MidFirst. 2. In connection with making this Affidavit, I have acquired personal knowledge of the matters set forth within by examining the business records relating to the pre-acquisition due diligence that MidFirst performed on the pool of loans containing the Subject Loan at issue in this action, and confirm the following to be tme to the best of my knowledge, information, and belief. 3. On June 30, 2005, MidFirst purchased the servicing nghts to the mortgage granted by Solomon McKenzie to First Franklin (the "Subject Loan") as a part of a mortgage servicing rights ("MSR") purchase from the prior servicer, Irwin Mortgage Corporation ("Irwin"). The Loan was part of a purchase transaction where MidFirst acquired the servicing rights to approximately 28,000 residential mortgage loans in various pools backing Government National Mortgage Association ("Ginnie Mae") securities. 4. In its regular course of business, MidFirst regularly acquires mortgage loans and/or servicing rights after the loans are originated by other lenders. The purchase transaction during which MidFirst acquired the servicing rights to the Subject Loan resulted in MidFirst acquiring the right to service thousands of loans in pools backing securities issued by Ginnie Mae. 5. When MidFirst purchases MSRs related to Ginnie Mae-securitized loans, it does not have the ability to individually select loans, as the MSRs are sold and purchased at the loan 2 FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023 pool level. 6. Prior to entering into the transaction, different business units at MidFirst conduct pre-acquisition due diligence to verify that the loans and loan pools for which it is purchasing have the characteristics that MidFirst expects. Specifically, prior to entering into the transaction, MidFirst is given a loan tape from the seller, which has certain identifying characteristics of the loans, such as the borrower's name, the origination date, the maturity date, the original principal balance, the interest rate, delinquency status, and current balance, among other data points. Because MSRs are bought and sold at the pool level and because of the number of loans in these transactions, MidFirst does not review all of the loan files during due diligence. Instead, each business unit performing pre-acquisition due diligence randomly selects and reviews a sub-set of the loans in the pool as a sample for pre-acquisition due diligence. 7. For the loans included in the sample selected for pre-acquisition due diligence, each business unit will review the aspects of the loan that business unit handles. Some departments may review the origination file and the custodial file for a sample of loans. 8. I have reviewed MidFirst's records relating to the pre-acquisition due diligence performed by the department(s) that review a sample of origination files and custodial files as part of MidFirst's due diligence review. I understand that these records were entered or created by the people who performed the pre-acquisition due diligence, or those with personal knowledge of the pre-acquisition due diligence, at or near the time that the pre-acquisition due diligence occurred. These records were created, maintained, and stored in the regular course of MidFirst's business as a loan servicer, and MidFirst reviews and relies on these records in its regular course of business as a loan servicer. There is no record of the Subject Loan being part of the sample population selected to be reviewed by any of these departments during their pre-acquisition due diligence. 9. Because the Subject Loan was not selected for any pre-acquisition due diligence, no documents were created or existed relating to pre-acquisition due diligence performed on the 3 FILED: KINGS COUNTY CLERK 09/05/2023 02:19 PM INDEX NO. 12592/2008 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 09/05/2023 related to any pre-acquisition due diligence performed on the Subject Loan. Dated:New York, New York July 7, 2021 By: Mills Josh Vice President 4