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Filing #101864040 E-Filed 01/17/2020 03:41:46 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL ACTION
U.S. BANK TRUST, N.A., AS TRUSTEE
FOR LSF10 MASTER
PARTICIPATION TRUST,
Plaintiff,
CASE NO.: 29-2019-CA-011544
vs.
DIVISION:
CHARLES C. KOZEL, et al.
Defendant(s).
/
PLAINTIFF’S WITNESS AND EXHIBIT LIST
Plaintiff, by and through its undersigned counsel and pursuant to the Court’s Order Setting Cause for
Non-Jury Trial, hereby discloses its intended witness(es) and exhibits:
Witnesses:
Corporate Representative
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Justin Nezda- Senior VP Asset Performance
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Alma Shalchi — Assistant VP — Asset Performance
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Eddie Gonzalez — Default Service Manager
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Carlos Valenzuela - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1
Ertha Brathwaite - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Eva Bretana - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Haiduy Giang - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Jamar Harris - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Jamie Guevara - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Josh Cantu - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Lilly Hernandez - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Letycia Lopez - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Ryan Bennett - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2
Scott Logue - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Serge Alexis - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Stephanie Lopez - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Tonya Tillman - DSO
CALIBER HOME LOANS
13801 Wireless Way
Oklahoma City, OK 93124-0330
Charles C. Kozel, mortgagor/defendant
Lana S. Kozel, mortgagor/defendant
Plaintiff reserves the right to call any witness(es) called to testify by or for the
Defendant(s).
Plaintiff reserves the right to supplement this witness list if additional witness(es) are
identified or deemed necessary.
IL Exhibits.
a. Promissory Note: Executed on or about 05/20/2003 by Charles C. Kozel bearing an
original principal balance of $85,500.00. A copy of the promissory note is attached to
Plaintiff's Complaint and has otherwise been provided to the Defendant(s).
Mortgage: Executed on or about 05/20/2003 recorded on or about 06/18/2003 in
Official Records Book 12764 at Page 1687 in the Official Public Records of
Hillsborough County, Florida. A copy of the mortgage is attached to Plaintiff's
Complaint and has otherwise been provided to the Defendant(s).
TILA Disclosure Statement: A copy or reproduction of the TILA Disclosure Statement,
if applicable.
Payment History: A copy or reproduction of the payment history for the indebtedness
upon which this action is based from inception to current.
Demand Letter: The Demand Letter/Acceleration Notice sent to Charles C. Kozel
before the inception of the present action.
1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3
Assignment of Mortgage: A copy or reproduction of the assignment of mortgage, if
applicable.
Loan Application: A copy or reproduction of the loan application, if applicable.
Communication Notes: A copy or record of all non-privileged communications
documented by Plaintiff or its servicing agent(s), including any records of prior
servicer(s) or lenders involved in the origination or servicing of the loan upon which this
matter is based, if applicable.
Defendant’s Exhibits: Plaintiff reserves the right to utilize any exhibits submitted by or
for any of the Defendant(s) herein.
Pooling and Servicing Agreement: A copy or reproduction of the pooling and servicing
agreement, if applicable.
Loan Modification: A copy or reproduction of any loan modifications, if applicable.
Mortgage Loan Schedule: A copy or reproduction of the Mortgage Loan Schedule, if
applicable.
m. Power of Attorney: Any Powers of Attorney between servicers, sub-servicers, investors,
owners, or trusts, related to authorization to act, execution of documents, or applicable
aspect of agency.
Merger Documentation: Any documents evidencing assumption, merger, or acquisition
of any predecessors in interest into any of the parties, if applicable.
System Screen Shots: Printed records of computer screens in the business records
system of the owner, holder, or servicer, of the loan, or any predecessors in interest
which would show the date the loan was boarded into the system; the date the original
note was physically acquired; or the date of any endorsements or transfer of interest in
the note, if applicable.
Origination File: A copy or reproduction of the origination file, if applicable.
Supplements: Plaintiff reserves the right to supplement this exhibit list if additional
evidence is identified or deemed necessary.
Note: All references to the aforementioned exhibits include originals or copies thereof.
Declaration of Covenants and Restrictions: A copy of the Declaration of the Covenants
and Restrictions for the Association in which the subject property is located, if
applicable.
Claim of Lien: A copy of any claim of lien filed by any defendant in this case, if
applicable.
Warranty Deed: A copy of the Warranty Deed evidencing transfer of title to the
borrowers or current titleholders, if applicable.
1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4
Ml. Upon request, the aforementioned exhibits will be made available to any party for
examination. To schedule an examination of the documents please contact Susan
Blydenburgh at (813) 221-4743 Ext. 1367 or email her at sblydenburgh@alaw.net.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the
U.S. Mail or eService this 12 day of January ; 2020, to all parties on the
attached service list.
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813)221-4743
(813) 221-9171 facsimile
eService: servealaw@albertellilaw.com
By: /s/ Christopher Lindhardt
Florida Bar #28046
sb - 19-022751 Christopher Lindhardt, Esq.
1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 5
Service List
Charles C. Kozel
8816 Ashman Road
Riverview, FL 33578
Lana S. Kozel a/k/a Lana Kozel
8816 Ashman Road
Riverview, FL 33578
1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 6
Preview
Filing #101864040 E-Filed 01/17/2020 03:41:46 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL ACTION U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER PARTICIPATION TRUST, Plaintiff, CASE NO.: 29-2019-CA-011544 vs. DIVISION: CHARLES C. KOZEL, et al. Defendant(s). / PLAINTIFF’S WITNESS AND EXHIBIT LIST Plaintiff, by and through its undersigned counsel and pursuant to the Court’s Order Setting Cause for Non-Jury Trial, hereby discloses its intended witness(es) and exhibits: Witnesses: Corporate Representative CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Justin Nezda- Senior VP Asset Performance CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Alma Shalchi — Assistant VP — Asset Performance CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Eddie Gonzalez — Default Service Manager CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Carlos Valenzuela - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 1 Ertha Brathwaite - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Eva Bretana - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Haiduy Giang - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Jamar Harris - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Jamie Guevara - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Josh Cantu - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Lilly Hernandez - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Letycia Lopez - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Ryan Bennett - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 2 Scott Logue - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Serge Alexis - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Stephanie Lopez - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Tonya Tillman - DSO CALIBER HOME LOANS 13801 Wireless Way Oklahoma City, OK 93124-0330 Charles C. Kozel, mortgagor/defendant Lana S. Kozel, mortgagor/defendant Plaintiff reserves the right to call any witness(es) called to testify by or for the Defendant(s). Plaintiff reserves the right to supplement this witness list if additional witness(es) are identified or deemed necessary. IL Exhibits. a. Promissory Note: Executed on or about 05/20/2003 by Charles C. Kozel bearing an original principal balance of $85,500.00. A copy of the promissory note is attached to Plaintiff's Complaint and has otherwise been provided to the Defendant(s). Mortgage: Executed on or about 05/20/2003 recorded on or about 06/18/2003 in Official Records Book 12764 at Page 1687 in the Official Public Records of Hillsborough County, Florida. A copy of the mortgage is attached to Plaintiff's Complaint and has otherwise been provided to the Defendant(s). TILA Disclosure Statement: A copy or reproduction of the TILA Disclosure Statement, if applicable. Payment History: A copy or reproduction of the payment history for the indebtedness upon which this action is based from inception to current. Demand Letter: The Demand Letter/Acceleration Notice sent to Charles C. Kozel before the inception of the present action. 1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 3 Assignment of Mortgage: A copy or reproduction of the assignment of mortgage, if applicable. Loan Application: A copy or reproduction of the loan application, if applicable. Communication Notes: A copy or record of all non-privileged communications documented by Plaintiff or its servicing agent(s), including any records of prior servicer(s) or lenders involved in the origination or servicing of the loan upon which this matter is based, if applicable. Defendant’s Exhibits: Plaintiff reserves the right to utilize any exhibits submitted by or for any of the Defendant(s) herein. Pooling and Servicing Agreement: A copy or reproduction of the pooling and servicing agreement, if applicable. Loan Modification: A copy or reproduction of any loan modifications, if applicable. Mortgage Loan Schedule: A copy or reproduction of the Mortgage Loan Schedule, if applicable. m. Power of Attorney: Any Powers of Attorney between servicers, sub-servicers, investors, owners, or trusts, related to authorization to act, execution of documents, or applicable aspect of agency. Merger Documentation: Any documents evidencing assumption, merger, or acquisition of any predecessors in interest into any of the parties, if applicable. System Screen Shots: Printed records of computer screens in the business records system of the owner, holder, or servicer, of the loan, or any predecessors in interest which would show the date the loan was boarded into the system; the date the original note was physically acquired; or the date of any endorsements or transfer of interest in the note, if applicable. Origination File: A copy or reproduction of the origination file, if applicable. Supplements: Plaintiff reserves the right to supplement this exhibit list if additional evidence is identified or deemed necessary. Note: All references to the aforementioned exhibits include originals or copies thereof. Declaration of Covenants and Restrictions: A copy of the Declaration of the Covenants and Restrictions for the Association in which the subject property is located, if applicable. Claim of Lien: A copy of any claim of lien filed by any defendant in this case, if applicable. Warranty Deed: A copy of the Warranty Deed evidencing transfer of title to the borrowers or current titleholders, if applicable. 1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 4 Ml. Upon request, the aforementioned exhibits will be made available to any party for examination. To schedule an examination of the documents please contact Susan Blydenburgh at (813) 221-4743 Ext. 1367 or email her at sblydenburgh@alaw.net. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail or eService this 12 day of January ; 2020, to all parties on the attached service list. Albertelli Law P.O. Box 23028 Tampa, FL 33623 (813)221-4743 (813) 221-9171 facsimile eService: servealaw@albertellilaw.com By: /s/ Christopher Lindhardt Florida Bar #28046 sb - 19-022751 Christopher Lindhardt, Esq. 1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 5 Service List Charles C. Kozel 8816 Ashman Road Riverview, FL 33578 Lana S. Kozel a/k/a Lana Kozel 8816 Ashman Road Riverview, FL 33578 1/17/2020 3:41 PM Electronically Filed: Hillsborough County/13thJ udicial Circuit Page 6