Motion-Secondary: BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION V RICHARDS, DEAN L

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                                Filing # 188380700 E-Filed 12/19/2023 10:54:43 PM
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                           IN THE CIRCUIT COURT OF THE 15™! JUDICIAL CIRCUIT,
                                 IN AND FOR PALM BEACH COUNTY, FLORIDA
                                                CASE # 2021-CA-008691


              ELIZABETH     B. RICHARDS,
                            Counter-Plaintiff

              vs.

              BANK OF NEW YORK MELLON
              TRUST COMPANY NA TRUSTEE
              GMACM MORTGAGE LOAN TRUST
              GCACM TRUST 2005-AR2
                        Counter-Defendant
                                                 /


              AFFIDAVIT OF ELIZABETH B. RICHARDS IN SUPPORTOF MOTION TO COMPEL
                            COMPLIANCE WITH SETTLMENT AGREEMENT.

              STATE OF FLORIDA
              COUNTY OF PALM BEACH

              Before me, the undersigned authority, personally appeared, ELIZABETH B.     RICHARDS      who,
              by me first being duly sworn, depose and says:

                    1   I am Elizabeth B. Richards, the Movant in connection with my Motion to Compel
                        Compliance With Settlement Agreement and for Sanctions.

                        I was successful in obtaining agreement by the loan servicer to process an assumption
                        by me of the subject loan and provided all material which it had requested.

                        I provided full reinstatement of the loan on September 7, 2023 in accordance with the
                        current reinstatement statement which had bee provided to my attorney.

                        Since the reinstatement on September 7, 2023, I have made all of the monthly
                        payments as they have come due. Accordingly there should be no “late fees” or other
                        charges.

                        I was advised on September 26, 2023 that the assumption had been effectuated and
                        was effective.

                        Since that date, I have received numerous incorrect and misleading documents.




   SS                   aS WD       a                ES           TR           IG   TA    SST       EST         RIE


*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK.                                       12/19/2023 10:54:43 PM ***
Since that date, I have been attempting to speak to someone with authority at the
           office of PHH, the servicer / agent of Respondent in connection with the numerous
           incorrect and misleading documents and to get my questions answered.

           However, despite many attempts, no one there will speak to me regarding questions I
           have in connection with the loan.

          I called again on November 14, 2023. They again sent me to the voicemail of the
          “account specialist” saying that they could not see the account because they are
          locked out of it and only the account specialist can see it.

    10.    I called back on November 15, 2023 and spoke with “agent V2V” and he tried to get
           me to an account specialist but they said to send me to voicemail.

    11    I asked to speak to a supervisor and that supervisor originally told the agent that I had
          to call the lawyer, Brandon Leon, and gave me his number 561-650-7923.

    12.    The agent told me that no one from PHH can speak to me and that everything has to
           go through their lawyer.

    13    His supervisor messaged him while I was still on the phone and said that he would
          speak tome. The supervisor was named Jason and he asked me if I was aware that
          account was in litigation. He said that it looked like it was about to be wrapped up but
          he is not supposed to release any information to me.

    14    He said that he has to call the lawyer to get permission to speak to me. He sent
          Brandon Leon and email to see if he could get permission and again gave me his
          phone number to call the lawyer directly. Obviously, I am not calling their lawyer.

   15     Jason said that he could see a late fee on the account and sent a message to
          accounting to have it waived. He said that it could be from before I took over the loan
          so he waived the late fee of $94.96.           I don't see anything that shows a late fee of
          $94.96. This is what concerns me. There are strange things that keep changing on
          this account.

FURTHER AFFIANT SAYETH NAUGHT




The foregoing instrument was read, acknowledged and sworn to under oath before me this | &
day of November 2023, by Elizabeth B. Richards_who is                    by or who produced
                           as identification.

                A                     6   Wie         HELENE MEDAGLIA
NOTARY PUBLIC                                   Notary Public - State of Florida
                                          ty)      Commission # HH 300158
                                                ‘My Comm, Expires Mar4, 2024
                                                  through National Notary Assn.