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Filing # 145455981 E-Filed 03/10/2022 12:20:17 PM
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IN THE CIRCUIT
COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR
CHARLOTTE COUNTY, STATE OF FLORIDA
CIVIL DIVISION
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE CERTIFICATE
HOLDERS OF THE CWALT, INC.,
ALTERNATIVE LOAN TRUST 2006-OA2
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2006-OA2,
Plaintiff,
vs. Case No 19-000272CA
LYUBOV SELYUZHITSKAYA; FLOPROP,
LLC; SUNCOAST LAKES SINGLE FAMILY
HOMEOWNERS! ASSOCIATION, INC.;
10 MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC., AS NOMINEE FOR RYLAND
11 MORTGAGE COMPANY; UNKNOWN SPOUSE OF
LYUBOV SELYUZHITSKAYA; UNKNOWN TENANT
12 NO. 1; UNKNOWN TENANT NO. 2; and
ALL UNKNOWN PARTIES CLAIMING
13 INTERESTS BY, THROUGH, UNDER OR
AGAINST A NAMED DEFENDANT TO THIS
14 ACTION, OR HAVING OR CLAIMING TO HAVE
ANY RIGHT, TITLE OR INTEREST IN THE
15 PROPERTY HEREIN DESCRIBED,
16 Defendants.
17
18 TRANSCRIPT OF PROCEEDINGS
19 BEFORE: HONORABLE GEOFFREY GENTILE
20 DATE: December 6, 2021
21 TIME: 10:55 a.m. to 11:47 a.m.
22 PLACE: Via Videoconference
23 REPORTED BY Christine Davis
Notary Public
24 State of Florida at Large
25 Pages 76 - 125
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APPEARANCES:
GREG H. ROSENTHAL, ESQUIRE
Diaz, Anselmo & Associates, P.A.
499 NW 70th Avenue
Suite 309
Fort Lauderdale, Florida 33317
Attorney for Plaintiff
MATTHEW WOLF, ESQUIRE
Ivanoc & Wolf, PLLC
3310 West Cypress Street
Suite 206
Tampa, Florida 33607
Attorney for Defendant, Floprop, LLC
10
11
12 Also Present: Clerk of Court
13
14
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INDEX
PAGE
PROCEEDINGS 80
CHARLES KEVORKIAN
Direct Examination by Mr. Rosenthal 85
Voir Dire Examination by Mr. Wolf 91
Continued Direct by Mr. Rosenthal 96
Cross-Examination by Mr. Wolf 102
PLAINTIFF RESTS 107
MOTION FOR INVOLUNTARY DISMISSAL
By Mr. Wolf 107
DEFENDANT RESTS 119
10
PLAINTIFF'S CLOSING ARGUMENT
11 By Mr. Rosenthal 119
12 DEFENDANT'S CLOSING ARGUMENT
By Mr. Wolf 120
13
PLAINTIFF'S FURTHER CLOSING ARGUMENT
14 By Mr. Rosenthal 122
15 JUDGE'S RULING 122
16 CERTIFICATE OF COURT REPORTER 125
17
18
19
20
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25
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EXHIBITS
INDEX OF PLAINTIFF'S EXHIBITS
INTRODUCED RECEIVED
EXHIBIT 9 85 94
(Bank of America and Select
Portfolio Servicing Pay
Histories)
EXHIBIT 10 96 98
(Shellpoint's Loan Payment
History)
EXHIBIT 11 99 100
(Shellpoint's Judgment Figures)
10
11
12
13
14
15
16
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PROCEEDINGS
THE COURT: Good morning.
MR. ROSENTHAL: Good morning.
MR. WOLF: Good morning.
THE COURT: Bank of New York Mellon versus
Selyuzhitskaya, 19CA272.
Go ahead with appearances, starting with
Plaintiff and then Defense.
MR. ROSENTHAL: Greg Rosenthal, Diaz,
10 Anselmo & Associates for the Plaintiff and
11 with me is the Plaintiff's witness, Charles
12 Kevorkian.
13 MR. WOLF: Good morning, Judge. Matthew
14 Wolf, W-o-1l-f, for the Defendant, Floprop.
15 THE COURT: I'm trying to see who else we
16 have on the call.
17 Ms. Davis, are you our court reporter for
18 today?
19 THE COURT REPORTER Yes.
20 THE COURT: If you need anything to make
21 an accurate record, you let me know and we'll
22 go back. Sometimes Zoom or if we talk over
23 one another, whichever it is, you let me know.
24 I try and keep an eye on it.
25 THE COURT REPORTER: Thank you, Judge.
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THE COURT: Mr. Rosenthal, go ahead.
MR. ROSENTHAL: Your Honor, just a brief
housekeeping matter. We were here before you
on August 25th. You gave us some marching
orders at the end of that trial setting, which
I believe we have complied with, and Mr. Wolf
will back me up on that.
You asked that I send him -- where we last
left off is a matter of background. We were
10 trying to admit into evidence the prior
11 servicer payment histories, which we offered
12 them redacted. You sustained the Defendant's
13 objection because he could not confirm, based
14 on the redaction, that they were, in fact,
15 Bank of America and Select Portfolio Servicing
16 pay histories.
17 You directed me to send him the unredacted
18 versions of those same documents to confirm
19 that they were, in fact, what we, the
20 Plaintiff, is purporting them to be. We did
21 that. Mr. Wolf can confirm that.
22 We have also complied with Your Honor's
23 direction to make sure that the original note
24 was in the courtroom. We -- my office checked
25 first with the clerk's office and then the --
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THE COURT: I got it. I got it.
MR ROSENTHAL: Very good. I just wanted
to make sure because Your Honor was concerned
that we didn't have some of our ducks in a row
at that time and I wanted to make sure at the
outset here that those ducks are lined up.
THE COURT: I'm not saying there might not
be other ducks that are a problem, but these
ducks look like they're in order.
10 MR. ROSENTHAL: Good, just as long as the
11 ducks that you had an issue with are handled.
12 THE COURT: All right.
13 MR. ROSENTHAL: So, Your Honor, what I
14 would like to do is revisit the prior servicer
15 pay histories. I would ask the court to
16 reconsider the sustaining of the objections
17 now that we have supplied counsel with the
18 necessary documentation to show that the loan
19 numbers do match and they are what the
20 Plaintiff purports those histories to be.
21 THE COURT: Mr. Wolf?
22 MR. WOLF: Yeah, Judge, I would just ask
23 that these documents are now produced
24 unredacted that they lay the foundation again.
25 THE COURT: Go ahead, Mr. Rosenthal, what
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he needs.
MR. ROSENTHAL: I'm happy to do that. I
don't know why I would have to, but I'm happy
to do it again. Mr. Kevorkian --
THE COURT: Let me swear him in.
Mr. Kevorkian, do you swear to tell the
truth?
THE WITNESS: I do, yes, sir.
THE COURT: Mr. Wolf, is there any
10 objection to me recognizing Mr. Kevorkian as
11 the witness from last time?
12 MR. WOLF: Not at all, Your Honor.
13 THE COURT: Please proceed.
14 MR. ROSENTHAL: Your Honor, is it -- will
15 you allow me to share screen? Actually, it's
16 letting me do that, that's fine. And I wanted
17 to also make sure, Your Honor, that we sent
18 you a FedEx with the hard copies of the
19 documents that are on the screen. I wanted to
20 make sure that was also in the courtroom
21 today.
22 THE COURT: It is not. Let me go check.
23 I thought the only notebooks I had were for
24 hearings this afternoon, but let me go check.
25 One second.
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(There was a recess.)
THE COURT: Folks, I don't have any FedEx
on this case.
MR. ROSENTHAL: Okay, Your Honor.
THE COURT: I don't have any submissions
other than what I carry around with me.
MR. ROSENTHAL: That's fine, Your Honor.
We should -- you should be able -- you should
be getting that in the next -- if not this
10 afternoon, certainly tomorrow morning, and
11 it's just an identical version of the
12 documents that I've shared and that have
13 already been admitted and that hopefully will
14 soon be admitted that are on the screen I
15 just wanted to make sure you had a hard copy.
16 THE COURT: That's the only way we can
17 admit them into evidence. I don't have them,
18 so let's specifically identify them.
19 So you don't know if -- I mean, I'm trying
20 to figure out, were documents delivered to me
21 or not?
22 MR. ROSENTHAL: They were sent to be
23 delivered to you today and if you don't have
24 them --
25 THE COURT: Cheryl checks our mail at
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10:30 and there was nothing there.
MR. ROSENTHAL: Okay. What will be in the
package, though, is what's already been marked
or already been accepted into evidence. I can
go through them. This tracks our last trial
setting. If you'd like me to do that, I can.
THE COURT: I don't need you to do
anything you don't need to do I'm just
telling you, I don't have anything in front of
10 me and I don't know -- if there is something
11 new we need to admit, I need to identify it so
12 that when I get the package, I can figure out
13 what it is.
14 MR. ROSENTHAL: Understood. The document
15 that's on the screen right now is part of the
16 package that you'll be getting.
17 DIRECT EXAMINATION
18 BY MR. ROSENTHAL:
19 Q Mr. Kevorkian, do you recognize this
20 document?
21 A I do, yes.
22 Q Let me scroll down so everybody can see.
23 THE COURT: What exhibit is this?
24 MR. ROSENTHAL: It's No. 9 for
25 identification, Your Honor. It's not been
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admitted yet. We offered it last time and
this is what Mr. Wolf objected to because the
loan numbers were redacted.
THE COURT: Gotcha.
(Plaintiff's Exhibit No. 9 was introduced
into evidence.)
BY MR. ROSENTHAL:
Q I'm just scrolling down to see the entirety
of the composite exhibit.
10 Did you see all of that, Mr. Kevorkian?
11 Yes, sir, I did.
12 Okay. We're back to the top.
13 It's offered as No. 9 for identification,
14 and can you tell the court what this document is?
15 A This is a copy of the payment history from
16 prior servicer.
17 Q Okay. And you testified last time that the
18 prior servicers were Bank of America and Select
19 Portfolio Servicing, correct?
20 A Those are the two, yes, sir.
21 Q And the document that's on the screen, who
22 is that the pay history for?
23 A That is payment history from Bank of
24 America.
25 Q And the remainder of this Exhibit No. 9
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is -- who is that from? What servicer?
A That payment history you're scrolling
through now is from Select Portfolio Servicing.
Q Are these documents kept in Shellpoint's
system as part of its regularly-conducted business
activity?
A Yes, sir, they are.
Q Are these documents made from information
received from a party with knowledge of the
10 transactions?
11 A Yes, sir, they are.
12 Q Are the entries made at or near the time
13 that the information is provided?
14 A That's correct, yes.
15 Q Is it Shellpoint's regular practice to
16 maintain or keep such records for the loans that it
17 services?
18 A We do, yes.
19 Q And how were -- how did the Bank of America
20 and Select Portfolio Servicing payment histories, how
21 did they become part of Shellpoint's business
22 records?
23 A Any business records that we would have on
24 file transferred over at the time of the boarding,
25 the transfer of the loan for servicing.
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Q Did Shellpoint verify the accuracy of the
contents of the prior servicers' pay histories?
A We do, yes, sir.
Q Does Shellpoint rely on the accuracy of
information of the prior servicers, Bank of America
and Select Portfolio Servicing, when incorporating
these pay records into Shellpoint's records?
A Yes, sir.
MR. ROSENTHAL: Your Honor, at this time
10 we would like to again try to admit into
11 evidence -- offer into evidence Bank of
12 America and Select Portfolio Servicing payment
13 histories.
14 THE COURT: As Exhibit 9?
15 MR. ROSENTHAL: Yes.
16 THE COURT: Mr. Wolf, any objection?
17 MR. WOLF: Yes. I want to voir dire, but
18 these are still redacted.
19 Am I missing something?
20 MR. ROSENTHAL: I believe he is missing
21 something, Your Honor.
22 If I may speak?
23 THE COURT: Please proceed.
24 MR. ROSENTHAL: The point of your
25 direction was not to disclose unredacted
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documents in open court or into the public
record, it was to provide them to counsel so
that he could compare them to the information
previously provided and so that he would have
access to the loan numbers to demonstrate that
they are, in fact, Bank of America pay
histories and Select Portfolio pay histories.
We did what the Court directed us to do,
satisfied counsel that they were the
10 unredacted versions, did contain the correct
11 loan numbers for this loan for Bank of America
12 and Select Portfolio Servicing. The Court
13 didn't instruct us to offer them unredacted.
14 THE COURT: Mr. Wolf, I mean there's that
15 rule of judicial administration that requires
16 those sort of numbers to be hidden.
17 What are you asking him to do?
18 MR. WOLF: Judge, I want the record
19 complete in case this goes up on appeal, and
20 if he's relying upon this information, which
21 he testified at the last hearing he was, the
22 only way he can tie these documents to this
23 loan is to look at the redacted information,
24 which I can't see, and if this goes up on
25 appeal, the appellate court won't be able to
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see. I want a full record. It's going to
be --
THE COURT: Mr. Wolf, let's be clear with
the court reporter.
Did you get the unredacted documents?
MR. WOLF: I did.
THE COURT: Did you compare them to
Exhibit 9 that's been offered as redacted?
MR. WOLF: I compared -- yes, I compared
10 to the documents that I received for trial,
11 yes.
12 THE COURT: Were they, in material
13 respects, identical?
14 MR. WOLF: They were.
15 THE COURT: So Exhibit 9 is admitted, but
16 let's talk about later about how we make the
17 record complete so Mr. Wolf, if he has an
18 appellate issue, can do that. I just -- that
19 rarely comes up and I don't want -- I want to
20 make sure the record is complete for you, but
21 I also don't want the loan numbers or whatever
22 other private information of the folks out
23 there in the world.
24 MR. WOLF: Understood. Your Honor, before
25 Your Honor admits them, I would like to voir
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dire very briefly.
THE COURT: Please proceed.
VOIR DIRE EXAMINATION
BY MR. WOLF:
Q Mr. Kevorkian, these are Bank of America and
SPS records, correct?
A Yes, sir, that's correct.
MR. WOLF: And how do you know these
are -- so the first subset, Mr. Rosenthal, if
10 you could scroll up. I know there was two
11 documents in here.
12 BY MR. WOLF:
13 Q So these records right here, how do you know
14 these are Bank of America records?
15 A I'm sorry, you asked how do I know that's a
16 BOA record?
17 Q Correct.
18 A By look -- I compared this to the unredacted
19 version and then I compared the account number to the
20 BOA account number in the file, as well as letters
21 that were sent from BOA to the borrower that verified
22 the account number, as well, within those letters.
23 Q You verified that this was a Bank of America
24 record by reviewing these account numbers?
25 A That is correct, yes.
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MR. WOLF: And then the second subset of
documents, Mr. Rosenthal, if you don't mind
scrolling down.
Can everybody hear me okay? I had some
issues by Zoom this week -- okay, thank you,
Judge.
BY MR. WOLF:
Q How do you know this is -- these are SPS
records?
10 A The same way that I verified the Bank of
11 America records, I compared the redacted with the
12 unredacted and then with unredacted I was able to
13 take the loan number on this payment history and
14 confirm it within our system with the prior servicer
15 account number.
16 Q And you work for Shellpoint, correct?
17 A Yes, sir, that's correct.
18 Q Did Shellpoint board these documents in its
19 system?
20 Yes, sir.
21 MR. ROSENTHAL: Objection, asked and
22 answered.
23 THE COURT: Sustained.
24 BY MR. WOLF:
25 Q Can you walk me through the boarding
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process?
MR. ROSENTHAL: Objection, asked and
answered.
THE COURT: Mr. Wolf, we already did all
of this.
Why are we doing it again?
MR. WOLF: There's different documents,
Judge.
THE COURT: Was there a different boarding
10 process between different sets of documents?
11 THE WITNESS: That's for me, sir?
12 THE COURT: I'm asking Mr. Wolf.
13 Is there something peculiar to this case
14 that there's a different boarding process for
15 different sets of documents? If there is and
16 he's going to point out some defect in it, I
17 want him to go ahead, but I don't want to
18 spend time going over the boarding process
19 which was already explained at length.
20 MR. WOLF: I don't know, Judge. That's
21 why I want to ask about it. I'm more
22 concerned about -- I can simplify this and cut
23 to the chase if the court can give me a
24 moment .
25 THE COURT: Go right ahead.
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BY MR. WOLF:
Q Mr. Kevorkian, when Shellpoint boards these
loans, they review the payment histories for
accuracy, correct?
A Yes. It goes through an auditing process,
yes.
Q When they board these loans, are these
boarded in a lump amount of loans, like a large
subset of loans or just one loan at a time?
10 A We board numerous loans at once.
11 Q When numerous loans are boarded, do they
12 review -- does Shellpoint review all the payment
13 history for accuracy or does it select a subset of
14 payment histories to review?
15 A They are all reviewed and audited, each and
16 every one.
17 MR. WOLF: Okay. Your Honor, other than
18 the objection regarding the redaction, I have
19 no other objection.
20 THE COURT: All right. That objection is
21 overruled. Exhibit 9 is admitted.
22 (Plaintiff's Exhibit No. 9 was admitted
23 into evidence.)
24 THE COURT: And then let's talk about at
25 the end of the case how we make the unredacted
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documents either part of the file or if you
folks are just going to handle it. I think --
I'm trying to think how we do this as
appellate lawyers.
I think what you do is an appendix maybe
or redacted, I don't know. I just want the
record to be clear that Mr. Rosenthal has the
unredacted documents, Mr. Kevorkian has them,
and Mr. Wolf has seen them.
10 MR. ROSENTHAL: I'm sorry to interrupt,
11 Your Honor. He has them as well. I e-mailed
12 this to him. He has them.
13 THE COURT: All right.
14 MR. WOLF: That is correct.
15 THE COURT: Mr. Wolf, keep me honest on
16 that. If there is something that you want me
17 to order, that we do that before the case is
18 over.
19 MR. WOLF: Understood, Your Honor. Thank
20 you.
21 THE COURT: Please proceed, Mr. Rosenthal
22 MR. ROSENTHAL: Thank you, Your Honor. I
23 have -- the next document is Composite Exhibit
24 10 and it's the -- I'm trying to get to the
25 current screen. The reason why it's somewhat
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lengthy, Your Honor, is because we had a
payment history current through August 25th,
which was the date of the last trial setting,
and to be complete, we also added to it the
pay history good through today. So I want
to -- now we get to No. 10.
(Plaintiff's Exhibit No. 10 is introduced
into evidence.)
CONTINUED DIRECT EXAMINATION
10 BY MR. ROSENTHAL:
11 Q Mr. Kevorkian, do you recognize the document
12 that is on the screen? And I can sc
Preview
Filing # 145455981 E-Filed 03/10/2022 12:20:17 PM Page 76 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA CIVIL DIVISION THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OA2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA2, Plaintiff, vs. Case No 19-000272CA LYUBOV SELYUZHITSKAYA; FLOPROP, LLC; SUNCOAST LAKES SINGLE FAMILY HOMEOWNERS! ASSOCIATION, INC.; 10 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR RYLAND 11 MORTGAGE COMPANY; UNKNOWN SPOUSE OF LYUBOV SELYUZHITSKAYA; UNKNOWN TENANT 12 NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING 13 INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS 14 ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE 15 PROPERTY HEREIN DESCRIBED, 16 Defendants. 17 18 TRANSCRIPT OF PROCEEDINGS 19 BEFORE: HONORABLE GEOFFREY GENTILE 20 DATE: December 6, 2021 21 TIME: 10:55 a.m. to 11:47 a.m. 22 PLACE: Via Videoconference 23 REPORTED BY Christine Davis Notary Public 24 State of Florida at Large 25 Pages 76 - 125 Veritext Legal Solutions 800-726-7007 305-376-8800 Page 77 APPEARANCES: GREG H. ROSENTHAL, ESQUIRE Diaz, Anselmo & Associates, P.A. 499 NW 70th Avenue Suite 309 Fort Lauderdale, Florida 33317 Attorney for Plaintiff MATTHEW WOLF, ESQUIRE Ivanoc & Wolf, PLLC 3310 West Cypress Street Suite 206 Tampa, Florida 33607 Attorney for Defendant, Floprop, LLC 10 11 12 Also Present: Clerk of Court 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-726-7007 305-376-8800 Page 78 INDEX PAGE PROCEEDINGS 80 CHARLES KEVORKIAN Direct Examination by Mr. Rosenthal 85 Voir Dire Examination by Mr. Wolf 91 Continued Direct by Mr. Rosenthal 96 Cross-Examination by Mr. Wolf 102 PLAINTIFF RESTS 107 MOTION FOR INVOLUNTARY DISMISSAL By Mr. Wolf 107 DEFENDANT RESTS 119 10 PLAINTIFF'S CLOSING ARGUMENT 11 By Mr. Rosenthal 119 12 DEFENDANT'S CLOSING ARGUMENT By Mr. Wolf 120 13 PLAINTIFF'S FURTHER CLOSING ARGUMENT 14 By Mr. Rosenthal 122 15 JUDGE'S RULING 122 16 CERTIFICATE OF COURT REPORTER 125 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-726-7007 305-376-8800 Page 79 EXHIBITS INDEX OF PLAINTIFF'S EXHIBITS INTRODUCED RECEIVED EXHIBIT 9 85 94 (Bank of America and Select Portfolio Servicing Pay Histories) EXHIBIT 10 96 98 (Shellpoint's Loan Payment History) EXHIBIT 11 99 100 (Shellpoint's Judgment Figures) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 800-726-7007 305-376-8800 Page 80 PROCEEDINGS THE COURT: Good morning. MR. ROSENTHAL: Good morning. MR. WOLF: Good morning. THE COURT: Bank of New York Mellon versus Selyuzhitskaya, 19CA272. Go ahead with appearances, starting with Plaintiff and then Defense. MR. ROSENTHAL: Greg Rosenthal, Diaz, 10 Anselmo & Associates for the Plaintiff and 11 with me is the Plaintiff's witness, Charles 12 Kevorkian. 13 MR. WOLF: Good morning, Judge. Matthew 14 Wolf, W-o-1l-f, for the Defendant, Floprop. 15 THE COURT: I'm trying to see who else we 16 have on the call. 17 Ms. Davis, are you our court reporter for 18 today? 19 THE COURT REPORTER Yes. 20 THE COURT: If you need anything to make 21 an accurate record, you let me know and we'll 22 go back. Sometimes Zoom or if we talk over 23 one another, whichever it is, you let me know. 24 I try and keep an eye on it. 25 THE COURT REPORTER: Thank you, Judge. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 81 THE COURT: Mr. Rosenthal, go ahead. MR. ROSENTHAL: Your Honor, just a brief housekeeping matter. We were here before you on August 25th. You gave us some marching orders at the end of that trial setting, which I believe we have complied with, and Mr. Wolf will back me up on that. You asked that I send him -- where we last left off is a matter of background. We were 10 trying to admit into evidence the prior 11 servicer payment histories, which we offered 12 them redacted. You sustained the Defendant's 13 objection because he could not confirm, based 14 on the redaction, that they were, in fact, 15 Bank of America and Select Portfolio Servicing 16 pay histories. 17 You directed me to send him the unredacted 18 versions of those same documents to confirm 19 that they were, in fact, what we, the 20 Plaintiff, is purporting them to be. We did 21 that. Mr. Wolf can confirm that. 22 We have also complied with Your Honor's 23 direction to make sure that the original note 24 was in the courtroom. We -- my office checked 25 first with the clerk's office and then the -- Veritext Legal Solutions 800-726-7007 305-376-8800 Page 82 THE COURT: I got it. I got it. MR ROSENTHAL: Very good. I just wanted to make sure because Your Honor was concerned that we didn't have some of our ducks in a row at that time and I wanted to make sure at the outset here that those ducks are lined up. THE COURT: I'm not saying there might not be other ducks that are a problem, but these ducks look like they're in order. 10 MR. ROSENTHAL: Good, just as long as the 11 ducks that you had an issue with are handled. 12 THE COURT: All right. 13 MR. ROSENTHAL: So, Your Honor, what I 14 would like to do is revisit the prior servicer 15 pay histories. I would ask the court to 16 reconsider the sustaining of the objections 17 now that we have supplied counsel with the 18 necessary documentation to show that the loan 19 numbers do match and they are what the 20 Plaintiff purports those histories to be. 21 THE COURT: Mr. Wolf? 22 MR. WOLF: Yeah, Judge, I would just ask 23 that these documents are now produced 24 unredacted that they lay the foundation again. 25 THE COURT: Go ahead, Mr. Rosenthal, what Veritext Legal Solutions 800-726-7007 305-376-8800 Page 83 he needs. MR. ROSENTHAL: I'm happy to do that. I don't know why I would have to, but I'm happy to do it again. Mr. Kevorkian -- THE COURT: Let me swear him in. Mr. Kevorkian, do you swear to tell the truth? THE WITNESS: I do, yes, sir. THE COURT: Mr. Wolf, is there any 10 objection to me recognizing Mr. Kevorkian as 11 the witness from last time? 12 MR. WOLF: Not at all, Your Honor. 13 THE COURT: Please proceed. 14 MR. ROSENTHAL: Your Honor, is it -- will 15 you allow me to share screen? Actually, it's 16 letting me do that, that's fine. And I wanted 17 to also make sure, Your Honor, that we sent 18 you a FedEx with the hard copies of the 19 documents that are on the screen. I wanted to 20 make sure that was also in the courtroom 21 today. 22 THE COURT: It is not. Let me go check. 23 I thought the only notebooks I had were for 24 hearings this afternoon, but let me go check. 25 One second. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 84 (There was a recess.) THE COURT: Folks, I don't have any FedEx on this case. MR. ROSENTHAL: Okay, Your Honor. THE COURT: I don't have any submissions other than what I carry around with me. MR. ROSENTHAL: That's fine, Your Honor. We should -- you should be able -- you should be getting that in the next -- if not this 10 afternoon, certainly tomorrow morning, and 11 it's just an identical version of the 12 documents that I've shared and that have 13 already been admitted and that hopefully will 14 soon be admitted that are on the screen I 15 just wanted to make sure you had a hard copy. 16 THE COURT: That's the only way we can 17 admit them into evidence. I don't have them, 18 so let's specifically identify them. 19 So you don't know if -- I mean, I'm trying 20 to figure out, were documents delivered to me 21 or not? 22 MR. ROSENTHAL: They were sent to be 23 delivered to you today and if you don't have 24 them -- 25 THE COURT: Cheryl checks our mail at Veritext Legal Solutions 800-726-7007 305-376-8800 Page 85 10:30 and there was nothing there. MR. ROSENTHAL: Okay. What will be in the package, though, is what's already been marked or already been accepted into evidence. I can go through them. This tracks our last trial setting. If you'd like me to do that, I can. THE COURT: I don't need you to do anything you don't need to do I'm just telling you, I don't have anything in front of 10 me and I don't know -- if there is something 11 new we need to admit, I need to identify it so 12 that when I get the package, I can figure out 13 what it is. 14 MR. ROSENTHAL: Understood. The document 15 that's on the screen right now is part of the 16 package that you'll be getting. 17 DIRECT EXAMINATION 18 BY MR. ROSENTHAL: 19 Q Mr. Kevorkian, do you recognize this 20 document? 21 A I do, yes. 22 Q Let me scroll down so everybody can see. 23 THE COURT: What exhibit is this? 24 MR. ROSENTHAL: It's No. 9 for 25 identification, Your Honor. It's not been Veritext Legal Solutions 800-726-7007 305-376-8800 Page 86 admitted yet. We offered it last time and this is what Mr. Wolf objected to because the loan numbers were redacted. THE COURT: Gotcha. (Plaintiff's Exhibit No. 9 was introduced into evidence.) BY MR. ROSENTHAL: Q I'm just scrolling down to see the entirety of the composite exhibit. 10 Did you see all of that, Mr. Kevorkian? 11 Yes, sir, I did. 12 Okay. We're back to the top. 13 It's offered as No. 9 for identification, 14 and can you tell the court what this document is? 15 A This is a copy of the payment history from 16 prior servicer. 17 Q Okay. And you testified last time that the 18 prior servicers were Bank of America and Select 19 Portfolio Servicing, correct? 20 A Those are the two, yes, sir. 21 Q And the document that's on the screen, who 22 is that the pay history for? 23 A That is payment history from Bank of 24 America. 25 Q And the remainder of this Exhibit No. 9 Veritext Legal Solutions 800-726-7007 305-376-8800 Page 87 is -- who is that from? What servicer? A That payment history you're scrolling through now is from Select Portfolio Servicing. Q Are these documents kept in Shellpoint's system as part of its regularly-conducted business activity? A Yes, sir, they are. Q Are these documents made from information received from a party with knowledge of the 10 transactions? 11 A Yes, sir, they are. 12 Q Are the entries made at or near the time 13 that the information is provided? 14 A That's correct, yes. 15 Q Is it Shellpoint's regular practice to 16 maintain or keep such records for the loans that it 17 services? 18 A We do, yes. 19 Q And how were -- how did the Bank of America 20 and Select Portfolio Servicing payment histories, how 21 did they become part of Shellpoint's business 22 records? 23 A Any business records that we would have on 24 file transferred over at the time of the boarding, 25 the transfer of the loan for servicing. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 88 Q Did Shellpoint verify the accuracy of the contents of the prior servicers' pay histories? A We do, yes, sir. Q Does Shellpoint rely on the accuracy of information of the prior servicers, Bank of America and Select Portfolio Servicing, when incorporating these pay records into Shellpoint's records? A Yes, sir. MR. ROSENTHAL: Your Honor, at this time 10 we would like to again try to admit into 11 evidence -- offer into evidence Bank of 12 America and Select Portfolio Servicing payment 13 histories. 14 THE COURT: As Exhibit 9? 15 MR. ROSENTHAL: Yes. 16 THE COURT: Mr. Wolf, any objection? 17 MR. WOLF: Yes. I want to voir dire, but 18 these are still redacted. 19 Am I missing something? 20 MR. ROSENTHAL: I believe he is missing 21 something, Your Honor. 22 If I may speak? 23 THE COURT: Please proceed. 24 MR. ROSENTHAL: The point of your 25 direction was not to disclose unredacted Veritext Legal Solutions 800-726-7007 305-376-8800 Page 89 documents in open court or into the public record, it was to provide them to counsel so that he could compare them to the information previously provided and so that he would have access to the loan numbers to demonstrate that they are, in fact, Bank of America pay histories and Select Portfolio pay histories. We did what the Court directed us to do, satisfied counsel that they were the 10 unredacted versions, did contain the correct 11 loan numbers for this loan for Bank of America 12 and Select Portfolio Servicing. The Court 13 didn't instruct us to offer them unredacted. 14 THE COURT: Mr. Wolf, I mean there's that 15 rule of judicial administration that requires 16 those sort of numbers to be hidden. 17 What are you asking him to do? 18 MR. WOLF: Judge, I want the record 19 complete in case this goes up on appeal, and 20 if he's relying upon this information, which 21 he testified at the last hearing he was, the 22 only way he can tie these documents to this 23 loan is to look at the redacted information, 24 which I can't see, and if this goes up on 25 appeal, the appellate court won't be able to Veritext Legal Solutions 800-726-7007 305-376-8800 Page 90 see. I want a full record. It's going to be -- THE COURT: Mr. Wolf, let's be clear with the court reporter. Did you get the unredacted documents? MR. WOLF: I did. THE COURT: Did you compare them to Exhibit 9 that's been offered as redacted? MR. WOLF: I compared -- yes, I compared 10 to the documents that I received for trial, 11 yes. 12 THE COURT: Were they, in material 13 respects, identical? 14 MR. WOLF: They were. 15 THE COURT: So Exhibit 9 is admitted, but 16 let's talk about later about how we make the 17 record complete so Mr. Wolf, if he has an 18 appellate issue, can do that. I just -- that 19 rarely comes up and I don't want -- I want to 20 make sure the record is complete for you, but 21 I also don't want the loan numbers or whatever 22 other private information of the folks out 23 there in the world. 24 MR. WOLF: Understood. Your Honor, before 25 Your Honor admits them, I would like to voir Veritext Legal Solutions 800-726-7007 305-376-8800 Page 91 dire very briefly. THE COURT: Please proceed. VOIR DIRE EXAMINATION BY MR. WOLF: Q Mr. Kevorkian, these are Bank of America and SPS records, correct? A Yes, sir, that's correct. MR. WOLF: And how do you know these are -- so the first subset, Mr. Rosenthal, if 10 you could scroll up. I know there was two 11 documents in here. 12 BY MR. WOLF: 13 Q So these records right here, how do you know 14 these are Bank of America records? 15 A I'm sorry, you asked how do I know that's a 16 BOA record? 17 Q Correct. 18 A By look -- I compared this to the unredacted 19 version and then I compared the account number to the 20 BOA account number in the file, as well as letters 21 that were sent from BOA to the borrower that verified 22 the account number, as well, within those letters. 23 Q You verified that this was a Bank of America 24 record by reviewing these account numbers? 25 A That is correct, yes. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 92 MR. WOLF: And then the second subset of documents, Mr. Rosenthal, if you don't mind scrolling down. Can everybody hear me okay? I had some issues by Zoom this week -- okay, thank you, Judge. BY MR. WOLF: Q How do you know this is -- these are SPS records? 10 A The same way that I verified the Bank of 11 America records, I compared the redacted with the 12 unredacted and then with unredacted I was able to 13 take the loan number on this payment history and 14 confirm it within our system with the prior servicer 15 account number. 16 Q And you work for Shellpoint, correct? 17 A Yes, sir, that's correct. 18 Q Did Shellpoint board these documents in its 19 system? 20 Yes, sir. 21 MR. ROSENTHAL: Objection, asked and 22 answered. 23 THE COURT: Sustained. 24 BY MR. WOLF: 25 Q Can you walk me through the boarding Veritext Legal Solutions 800-726-7007 305-376-8800 Page 93 process? MR. ROSENTHAL: Objection, asked and answered. THE COURT: Mr. Wolf, we already did all of this. Why are we doing it again? MR. WOLF: There's different documents, Judge. THE COURT: Was there a different boarding 10 process between different sets of documents? 11 THE WITNESS: That's for me, sir? 12 THE COURT: I'm asking Mr. Wolf. 13 Is there something peculiar to this case 14 that there's a different boarding process for 15 different sets of documents? If there is and 16 he's going to point out some defect in it, I 17 want him to go ahead, but I don't want to 18 spend time going over the boarding process 19 which was already explained at length. 20 MR. WOLF: I don't know, Judge. That's 21 why I want to ask about it. I'm more 22 concerned about -- I can simplify this and cut 23 to the chase if the court can give me a 24 moment . 25 THE COURT: Go right ahead. Veritext Legal Solutions 800-726-7007 305-376-8800 Page 94 BY MR. WOLF: Q Mr. Kevorkian, when Shellpoint boards these loans, they review the payment histories for accuracy, correct? A Yes. It goes through an auditing process, yes. Q When they board these loans, are these boarded in a lump amount of loans, like a large subset of loans or just one loan at a time? 10 A We board numerous loans at once. 11 Q When numerous loans are boarded, do they 12 review -- does Shellpoint review all the payment 13 history for accuracy or does it select a subset of 14 payment histories to review? 15 A They are all reviewed and audited, each and 16 every one. 17 MR. WOLF: Okay. Your Honor, other than 18 the objection regarding the redaction, I have 19 no other objection. 20 THE COURT: All right. That objection is 21 overruled. Exhibit 9 is admitted. 22 (Plaintiff's Exhibit No. 9 was admitted 23 into evidence.) 24 THE COURT: And then let's talk about at 25 the end of the case how we make the unredacted Veritext Legal Solutions 800-726-7007 305-376-8800 Page 95 documents either part of the file or if you folks are just going to handle it. I think -- I'm trying to think how we do this as appellate lawyers. I think what you do is an appendix maybe or redacted, I don't know. I just want the record to be clear that Mr. Rosenthal has the unredacted documents, Mr. Kevorkian has them, and Mr. Wolf has seen them. 10 MR. ROSENTHAL: I'm sorry to interrupt, 11 Your Honor. He has them as well. I e-mailed 12 this to him. He has them. 13 THE COURT: All right. 14 MR. WOLF: That is correct. 15 THE COURT: Mr. Wolf, keep me honest on 16 that. If there is something that you want me 17 to order, that we do that before the case is 18 over. 19 MR. WOLF: Understood, Your Honor. Thank 20 you. 21 THE COURT: Please proceed, Mr. Rosenthal 22 MR. ROSENTHAL: Thank you, Your Honor. I 23 have -- the next document is Composite Exhibit 24 10 and it's the -- I'm trying to get to the 25 current screen. The reason why it's somewhat Veritext Legal Solutions 800-726-7007 305-376-8800 Page 96 lengthy, Your Honor, is because we had a payment history current through August 25th, which was the date of the last trial setting, and to be complete, we also added to it the pay history good through today. So I want to -- now we get to No. 10. (Plaintiff's Exhibit No. 10 is introduced into evidence.) CONTINUED DIRECT EXAMINATION 10 BY MR. ROSENTHAL: 11 Q Mr. Kevorkian, do you recognize the document 12 that is on the screen? And I can sc