Preview
Filing # 131964860 E-Filed 08/03/2021 04:27:33 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2019-CA-002300-O
TOWD POINT MORTGAGE TRUST 2015-4, U.S. BANK
NATIONAL ASSOCIATION AS INDENTURE TRUSTEE,
Plaintiff,
vs.
ROSALEE NOBELS; OBOUGHT T. BOSTWICK, AS
SUCCESSOR TRUSTEE OF THE GEORGE W. AND
GERDALDINE S. BOSTWICK TRUST DATED 8/5/1996;
AMSOUTH BANK; ORANGE COUNTY, FLORIDA, et al.
Defendant(s).
__________________________________/
PLAINTIFF'S TRIAL WITNESS AND EXHIBIT LIST
COMES NOW the Plaintiff, TOWD POINT MORTGAGE TRUST 2015-4, U.S. BANK
NATIONAL ASSOCIATION AS INDENTURE TRUSTEE, by and through its undersigned
counsel, and files this Witness and Exhibit List for Trial, and states as follows:
WITNESS LIST
Plaintiff reserves the right to call the following witnesses:
1. Cynthia Stevens, Florida Case Manager
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
2. Diane Weinberger, Director Foreclosure Litigation
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
PAGE 1
18-210211
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
3. Lawrence Nardi, Florida Case Manager
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
4. Linda Holmes, Florida Case Manager
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
5. Michelle Simon, Director-Foreclosure Litigation
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
6. Patrick Pittman, Director Foreclosure Litigation
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course
of regularly conducted business.
7. Rene Lopez, Florida Case Manager
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
PAGE 2
18-210211
8. Sherry Benight, Contested Default Case Manager
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
9. Representative of the Plaintiff from
Select Portfolio Servicing, Inc..
c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone:
561-241-6901, Fax: 561-997-6909
Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the
authenticity of the documents being introduced; and that the records are kept in the course of
regularly conducted business.
10. Other representatives on behalf of Plaintiff competent to testify in this matter.
11. All witnesses listed by the Defendant(s).
12. The remaining Defendant(s).
13. Plaintiff’s Attorney fee expert.
14. Plaintiff’s attorney may testify as to the fees and costs incurred in this matter.
15. Rebuttal and impeachment witnesses.
16. Any person(s) listed on the Note, Mortgage, and Assignment of Mortgage.
17. The Plaintiff reserves the right to call any witness listed and/or called by any other party and
reserves the right to supplement this Witness List with additional witnesses as they become
known or necessary, upon proper notice to the other parties.
EXHIBIT LIST
1. Bailee Letter
2. Document Tracker
3. Hello/Goodbye Letter
PAGE 3
18-210211
4. Power of Attorney
5. Public Records
6. Pooling and Servicing Agreement with Mortgage Loan Schedules
7. Subject Note with endorsements and/or allonges.
8. Subject Mortgage.
9. All Assignments of Mortgage relating to the subject Note and Mortgage.
10. Copies of all Notices of Default and Intent to Accelerate/Foreclose letters sent to borrower(s).
11. Records as to amounts due and owing, pursuant to the Note and Mortgage, including but not
limited to loan payment histories, amortization schedules, taxes and insurance escrow
payment histories and all correspondences related thereto.
12. All time records and billing statements for the fees and costs incurred by plaintiff.
13. All Affidavits of Time, Effort and Costs, Affidavits as to Reasonableness of Attorneys’ Fees,
and/or Affidavits of Indebtedness.
14. Any and all correspondence between the parties.
15. All loan servicing and collection notes.
16. HUD-1 Settlement Statement
17. Title Policies
18. Title Commitments
19. Loan Application
20. Loan Origination Documents
21. Loan Payment History
22. Pay 3 Screen
23. Pay 4 Screen
PAGE 4
18-210211
24. DLQ1 Screen
25. MAS1/INV1 Screen
26. Financial Breakdown Summary
27. All exhibits listed by Defendant.
28. All pleadings and attachments/exhibits thereto and all documents contained in court file for
subject action.
29. All discovery and attachments/exhibits thereto.
30. All documents referred to in Plaintiff's Requests for Judicial Notice.
31. All impeachment and rebuttal exhibits.
32. HOA/COA Declaration of Covenants
33. Deed(s)
34. The Plaintiff reserves the right to utilize any exhibit listed by any other party and further
reserves the right to supplement this Exhibit List with additional exhibits as they become
known and/or necessary, upon proper notice to the other parties.
PAGE 5
18-210211
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed and/or
mailed on this 3 day of August, 2021, to the attached service list.
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE
& PARTNERS, PLLC
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: flmail@raslg.com
By: _\S\Jamie Epstein_
Jamie Epstein, Esquire
Florida Bar No. 68691
Communication Email: jepstein@raslg.com
SERVICE LIST
ROSALEE NOBELS
599 S WEST CROWN POINT RD
WINTER GARDEN, FL 34787
DEAN MEAD EGERTON BLOODWORTH CAPOUANO & BOZARTH, P.A.
LESLIE S. WHITE
ATTORNEY FOR AMSOUTH BANK
C/O DEAN MEAD EGERTON BLOODWORTH CAPOUANO & BOZARTH, P.A.
PO BOX 2436
ORLANDO, FL 32802
PRIMARY EMAIL: LWHITE@DEANMEAD.COM
SECONDARY EMAIL: BRANSOM@DEANMEAD.COM
ADOLPHUS A. THOMPSON, ESQ.
ADOLPHUS A. THOMPSON, ESQ.
ATTORNEY FOR ORANGE COUNTY, FLORIDA
C/O ADOLPHUS A. THOMPSON, ESQ.
201 S. ROSALIND AVENUE, 3RD FLOOR
PAGE 6
18-210211
ORLANDO, FL 32802
PRIMARY EMAIL: FORECLOSURE.ESERVE@OCFL.NET
SECONDARY EMAIL: ADOLPHUS.THOMPSON@OCFL.NET
LAW OFFICES OF ERIC S. MARSHBURN
ERIC S. MARSHBURN, ESQ.
ATTORNEY FOR GEORGE W. BOSTWICK AND GERALDINE S. BOSTWICK TRUST
U/A/D AUGUST 5, 1996
C/O LAW OFFICES OF ERIC S. MARSHBURN
P.O. BOX 771268
WINTER GARDEN, FL 34777
PRIMARY EMAIL: ERIC@WINTERGARDENLAW.COM
SECONDARY EMAIL: INFO@WINTERGARDENLAW.COM
THE PERRY LAW GROUP, LLC
JAIMON H PERRY
ATTORNEY FOR OBOUGHT T. BOSTWICK, AS SUCCESSOR TRUSTEE OF THE
GEORGE W. AND GERDALDINE S. BOSTWICK TRUST DATED 8/5/1996
C/O THE PERRY LAW GROUP, LLC
37 NORTH ORANGE AVENUE SUITE 500
ORLANDO, FL 32801
PRIMARY EMAIL: JPERRY@PERRYLAWFLA.COM
PAGE 7
18-210211
Preview
Filing # 131964860 E-Filed 08/03/2021 04:27:33 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2019-CA-002300-O TOWD POINT MORTGAGE TRUST 2015-4, U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE, Plaintiff, vs. ROSALEE NOBELS; OBOUGHT T. BOSTWICK, AS SUCCESSOR TRUSTEE OF THE GEORGE W. AND GERDALDINE S. BOSTWICK TRUST DATED 8/5/1996; AMSOUTH BANK; ORANGE COUNTY, FLORIDA, et al. Defendant(s). __________________________________/ PLAINTIFF'S TRIAL WITNESS AND EXHIBIT LIST COMES NOW the Plaintiff, TOWD POINT MORTGAGE TRUST 2015-4, U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE, by and through its undersigned counsel, and files this Witness and Exhibit List for Trial, and states as follows: WITNESS LIST Plaintiff reserves the right to call the following witnesses: 1. Cynthia Stevens, Florida Case Manager Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 2. Diane Weinberger, Director Foreclosure Litigation Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 PAGE 1 18-210211 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 3. Lawrence Nardi, Florida Case Manager Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 4. Linda Holmes, Florida Case Manager Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 5. Michelle Simon, Director-Foreclosure Litigation Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 6. Patrick Pittman, Director Foreclosure Litigation Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 7. Rene Lopez, Florida Case Manager Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. PAGE 2 18-210211 8. Sherry Benight, Contested Default Case Manager Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 9. Representative of the Plaintiff from Select Portfolio Servicing, Inc.. c/o Jamie Epstein, Esq., 6409 Congress Ave., Suite 100, Boca Raton, FL 33487, Telephone: 561-241-6901, Fax: 561-997-6909 Representative of Plaintiff will testify as to: the amounts due and owing on the loan; the authenticity of the documents being introduced; and that the records are kept in the course of regularly conducted business. 10. Other representatives on behalf of Plaintiff competent to testify in this matter. 11. All witnesses listed by the Defendant(s). 12. The remaining Defendant(s). 13. Plaintiff’s Attorney fee expert. 14. Plaintiff’s attorney may testify as to the fees and costs incurred in this matter. 15. Rebuttal and impeachment witnesses. 16. Any person(s) listed on the Note, Mortgage, and Assignment of Mortgage. 17. The Plaintiff reserves the right to call any witness listed and/or called by any other party and reserves the right to supplement this Witness List with additional witnesses as they become known or necessary, upon proper notice to the other parties. EXHIBIT LIST 1. Bailee Letter 2. Document Tracker 3. Hello/Goodbye Letter PAGE 3 18-210211 4. Power of Attorney 5. Public Records 6. Pooling and Servicing Agreement with Mortgage Loan Schedules 7. Subject Note with endorsements and/or allonges. 8. Subject Mortgage. 9. All Assignments of Mortgage relating to the subject Note and Mortgage. 10. Copies of all Notices of Default and Intent to Accelerate/Foreclose letters sent to borrower(s). 11. Records as to amounts due and owing, pursuant to the Note and Mortgage, including but not limited to loan payment histories, amortization schedules, taxes and insurance escrow payment histories and all correspondences related thereto. 12. All time records and billing statements for the fees and costs incurred by plaintiff. 13. All Affidavits of Time, Effort and Costs, Affidavits as to Reasonableness of Attorneys’ Fees, and/or Affidavits of Indebtedness. 14. Any and all correspondence between the parties. 15. All loan servicing and collection notes. 16. HUD-1 Settlement Statement 17. Title Policies 18. Title Commitments 19. Loan Application 20. Loan Origination Documents 21. Loan Payment History 22. Pay 3 Screen 23. Pay 4 Screen PAGE 4 18-210211 24. DLQ1 Screen 25. MAS1/INV1 Screen 26. Financial Breakdown Summary 27. All exhibits listed by Defendant. 28. All pleadings and attachments/exhibits thereto and all documents contained in court file for subject action. 29. All discovery and attachments/exhibits thereto. 30. All documents referred to in Plaintiff's Requests for Judicial Notice. 31. All impeachment and rebuttal exhibits. 32. HOA/COA Declaration of Covenants 33. Deed(s) 34. The Plaintiff reserves the right to utilize any exhibit listed by any other party and further reserves the right to supplement this Exhibit List with additional exhibits as they become known and/or necessary, upon proper notice to the other parties. PAGE 5 18-210211 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed and/or mailed on this 3 day of August, 2021, to the attached service list. ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: flmail@raslg.com By: _\S\Jamie Epstein_ Jamie Epstein, Esquire Florida Bar No. 68691 Communication Email: jepstein@raslg.com SERVICE LIST ROSALEE NOBELS 599 S WEST CROWN POINT RD WINTER GARDEN, FL 34787 DEAN MEAD EGERTON BLOODWORTH CAPOUANO & BOZARTH, P.A. LESLIE S. WHITE ATTORNEY FOR AMSOUTH BANK C/O DEAN MEAD EGERTON BLOODWORTH CAPOUANO & BOZARTH, P.A. PO BOX 2436 ORLANDO, FL 32802 PRIMARY EMAIL: LWHITE@DEANMEAD.COM SECONDARY EMAIL: BRANSOM@DEANMEAD.COM ADOLPHUS A. THOMPSON, ESQ. ADOLPHUS A. THOMPSON, ESQ. ATTORNEY FOR ORANGE COUNTY, FLORIDA C/O ADOLPHUS A. THOMPSON, ESQ. 201 S. ROSALIND AVENUE, 3RD FLOOR PAGE 6 18-210211 ORLANDO, FL 32802 PRIMARY EMAIL: FORECLOSURE.ESERVE@OCFL.NET SECONDARY EMAIL: ADOLPHUS.THOMPSON@OCFL.NET LAW OFFICES OF ERIC S. MARSHBURN ERIC S. MARSHBURN, ESQ. ATTORNEY FOR GEORGE W. BOSTWICK AND GERALDINE S. BOSTWICK TRUST U/A/D AUGUST 5, 1996 C/O LAW OFFICES OF ERIC S. MARSHBURN P.O. BOX 771268 WINTER GARDEN, FL 34777 PRIMARY EMAIL: ERIC@WINTERGARDENLAW.COM SECONDARY EMAIL: INFO@WINTERGARDENLAW.COM THE PERRY LAW GROUP, LLC JAIMON H PERRY ATTORNEY FOR OBOUGHT T. BOSTWICK, AS SUCCESSOR TRUSTEE OF THE GEORGE W. AND GERDALDINE S. BOSTWICK TRUST DATED 8/5/1996 C/O THE PERRY LAW GROUP, LLC 37 NORTH ORANGE AVENUE SUITE 500 ORLANDO, FL 32801 PRIMARY EMAIL: JPERRY@PERRYLAWFLA.COM PAGE 7 18-210211