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  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
  • US BANK NATIONAL ASSOCIATION vs.AGOSTO, RAFAEL et al. 3 document preview
						
                                

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Filing # 89168837 E-Filed 05/08/2019 11:39:01 AM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2017-CA-008145-O US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7, Plaintiff, vs. WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ AND RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO, et al. Defendant(s). ________________________________________/ PLAINTIFF'S TRIAL WITNESS AND EXHIBIT LIST COMES NOW the Plaintiff, US BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE NATIONAL ASSOCIATION, AS TRUSTEE FOR OWNIT MORTGAGE LOAN TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-7, by and through its undersigned counsel, and files this Witness and Exhibit List for Trial, and states as follows: WITNESS LIST 1. Representative of Plaintiff will testify as to the business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. PAGE 1 17-042242 - ChP 2. Other representatives on behalf of Plaintiff competent to testify in this matter. 3. Anna Garza, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 4. Ben Verdooren, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 5. Blaine Shadle, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 6. Carlos Steele, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. PAGE 2 17-042242 - ChP 7. Cedric Bankston, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 8. Derrick Raleigh, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 9. Richard Schwiner, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 10. Russell Calhoun, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 11. Sally Torres, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff PAGE 3 17-042242 - ChP and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 12. Sheila King, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 13. Fred Denson, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 14. Louise Plasse, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 15. Joachim (Jay) Vent, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to PAGE 4 17-042242 - ChP bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 16. Richard Pierre, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 17. Sandra Tramble, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 18. Sherry Keeley, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 19. Kay McDowell, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. PAGE 5 17-042242 - ChP 20. Anel Hernandez, Senior Loan Analyst, Ocwen Loan Servicing, LLC, c/o Hillary Mullin, 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 business records of the Plaintiff and how those records are kept and maintained in the normal course of Plaintiff’s business. Representative of Plaintiff may also testify as to the fact that a default occurred and the amounts due and owing, and the representative will also testify as to Plaintiff’s standing to bring the subject action and as to the origination, processing, and servicing of Defendant’s loan and Plaintiff’s business records. 21. All witnesses listed by the Defendant(s). 22. The remaining Defendant(s). 23. Plaintiff’s Attorney fee expert. 24. Plaintiff’s attorney may testify as to the fees and costs incurred in this matter. 25. Rebuttal and impeachment witnesses. 26. Any person(s) listed on the Note, Mortgage, and Assignment of Mortgage. 27. 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 know or necessary, upon property notice to the other parties. PAGE 6 17-042242 - ChP EXHIBIT LIST 1. Bailee Letter 2. Document Tracker 3. Hello/Goodbye Letter 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. All exhibits listed by Defendant. 17. All pleadings and attachments/exhibits thereto and all documents contained in court file for subject action. PAGE 7 17-042242 - ChP 18. All discovery and attachments/exhibits thereto. 19. All impeachment and rebuttal exhibits. 20. HUD-1 Settlement Statement 21. Title Policies 22. Title Commitments 23. Loan Application 24. Loan Origination Documents 25. HOA/COA Declaration of Covenants 26. Deed(s) 27. 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 8 17-042242 - ChP CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was emailed and/or mailed on this 8 day of May, 2019, to the attached service list. ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com By: _\S\Laurence S. Barsky_ Laurence S. Barsky, Esquire Florida Bar No. 515981 Communication Email: lbarsky@rasflaw.com SERVICE LIST MARTIN LAW GROUP, P.L. ANTONIO G. MARTIN ATTORNEY FOR WANDA AGOSTO A/K/A WANDA AGOSTO RODRIGUEZ A/K/A WANDA I. AGOSTA A/K/A WANDA I. RODRIGUEZ C/O MARTIN LAW GROUP, P.L. 1420 CELEBRATION BLVD SUITE 200 CELEBRATION, FL 34747 PRIMARY EMAIL: INFO@CALLMARTINLAWGROUP.COM RAFAEL AGOSTO A/K/A RAFAEL O. AGOSTO 3200 OLD WINTER GARDEN RD APT 2024 OCOEE, FL 34761 BLANK ROME, LLP PAGE 9 17-042242 - ChP DANIEL S. HURTES ATTORNEY FOR MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR OWNIT MORTGAGE SOLUTIONS, INC. C/O BLANK ROME, LLP 500 E. BROWARD BLVD., SUITE 2100 FT LAUDERDALE, FL 33394 PRIMARY EMAIL: DHURTES@BLANKROME.COM SECONDARY EMAIL: BRFLESERVICE@BLANKROME.COM ORANGE COUNTY ATTORNEY'S OFFICE CRISTINA T. BERRIOS, ESQ. ATTORNEY FOR ORANGE COUNTY, FL C/O ORANGE COUNTY ATTORNEY'S OFFICE 201 S. ROSALIND AVE, 3RD FLOOR ORLANDO, FL 32802 PRIMARY EMAIL: FORECLOSURE.ESERVE@OCFL.NET ISPC MICHAEL D. GINSBERG ATTORNEY FOR THE INDEPENDENT SAVINGS PLAN COMPANY DBA ISPC C/O ISPC 1115 GUNN HIGHWAY SUITE 100 ODESSA, FL 33556 PRIMARY EMAIL: FC-ISPC@THEISPC.COM SECONDARY EMAIL: MDGLAW@THEISPC.COM BLANK ROME, LLP DANIEL S. HURTES ATTORNEY FOR U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CBASS MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2007-SL1 C/O BLANK ROME, LLP 500 E. BROWARD BLVD., SUITE 2100 FT LAUDERDALE, FL 33394 PRIMARY EMAIL: DHURTES@BLANKROME.COM SECONDARY EMAIL: BRFLESERVICE@BLANKROME.COM MARTIN LAW GROUP, P.L. ANTONIO G. MARTIN ATTORNEY FOR ANTONIO G. MARTIN, ESQ, AS TRUSTEE OF THE DERRICK DRIVE PAGE 10 17-042242 - ChP LAND TRUST #6826 DATED AUGUST 1, 2017 C/O MARTIN LAW GROUP, P.L. 1420 CELEBRATION BLVD SUITE 200 CELEBRATION, FL 34747 PRIMARY EMAIL: INFO@CALLMARTINLAWGROUP.COM MARTIN LAW GROUP, P.L. ANTONIO G. MARTIN ATTORNEY FOR UNKNOWN SUCCESSOR TRUSTEE OF THE DERRICK DRIVE LAND TRUST #6826 DATED AUGUST 1, 2017 C/O MARTIN LAW GROUP, P.L. 1420 CELEBRATION BLVD SUITE 200 CELEBRATION, FL 34747 PRIMARY EMAIL: INFO@CALLMARTINLAWGROUP.COM PAGE 11 17-042242 - ChP