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IN T H E C IR C U IT C O U R T O F T H E E L E V E N T H JU D IC IA L C IR C U IT , IN A N D FO R D A D E C O U N T Y , F LO R ID A G E N E R A L JU R IS D IC T IO N D IV IS IO N C A S E N O .: C A C E 1 1 -0 0 2 4 0 5 (1 1 )

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( T h e r e u p o n , t h e f o llo w i n g p r o c e e d i n g s w e r e h e ld : ) MR. TRENT: T h is is a m o t io n f o r Ju st

s u m m a r y j u d g m e n t ; j u s t g o t h ir e d .

file d a p r o p o s e d a m e n d e d p le a d in g a lo n g w it h t h e m o t i o n t o a m e n d . s h o u ld b e o n t h e r e c o r d . CO URT REPO RTER: M R . S M ITH : THE CO URT: MR. TRENT: M R . S M ITH : W e 'r e o n . I guess w e

W ELLS FARG O BANK, P la i n t if f , VS. JO S E P H B E R N S T E IN , D e fe n d a n t. _______________________________/

S t u a r t S m it h . G e n t le m e n . Y o u r H o n o r. T h i s i s p l a i n t i f f 's m o t i o n

fo r s u m m a r y fin a l ju d g m e n t. I 'm p r o v i d i n g t h e C o u r t t h e c o u r t file , a s w e ll a s y o u r s e lf a n d M r . T r e n t a p r o p o s e d f in a l j u d g m e n t . THE CO URT: I h e a rd M r. T re n t ju s t g o t

D a d e C o u n ty C o u rth o u s e 7 3 W e s t F l a g le r S t r e e t M i a m i , F l o r id a 3 3 1 3 0 M o n d a y , 2 :5 5 p .m . A p r il 9 , 2 0 1 2

o n th e c a s e o r s o m e t h in g ? M R . S M ITH : W e ll , le t m e , y o u r H o n o r ,

T h e a b o v e - e n t it l e d c a u s e c a m e o n f o r h e a r i n g b e f o r e t h e H o n o r a b le J o e l T . L a z a r u s , b e f o r e A u r o r a S lo a n , F l o r id a P r o f e s s i o n a l R e p o r t e r , N o t a r y P u b li c f o r t h e S t a t e o f F l o r id a a t L a r g e .

20 21 22 23 24 25

i f I c o u l d e x p l a i n w h a t ' s g o in g o n . THE CO URT: M R . S M ITH : P le a s e . M r . T r e n t w ill o b v i o u s l y

s p e a k f o r h im s e l f . Y o u r H o n o r , th e d e fe n d a n t is a n a tto rn e y a n d p ro s e .

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APPEARANCES: O N B E H A L F O F T H E P LA IN T IFF: S T U A R T M . S M IT H , P .A . 6 3 3 S .E . 3 r d A v e n u e , S u it e 2 0 3 F o r t L a u d e r d a l e , F lo r i d a BY: 33301 S t u a r t M . S m ith , E s q u ir e

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A n d t h e n a t s o m e p o in t , I g u e s s M r . T r e n t h a s c o m e i n t o s u b s t i t u t e in f o r M r . B e r n s t e in . S o M r . B e r n s t e in , t h e D e f e n d a n t , is a n a t t o r n e y , a n d h e h a s f il e d a n a n s w e r a n d a f f ir m a t i v e d e f e n s e s o n h is b e h a l f - THE CO URT: M R . S M ITH : THE CO URT: in . M R . S M ITH : C o rre c t. H is o w n b e h a lf - H i s o w n b e h a lf . -- b e fo re M r. T re n t c a m e

O N BEHALF O F THE DEFENDANT:

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K E N N E T H E R IC T R E N T , P .A . 8 3 1 E a s t O a k la n d P a r k B o u l e v a r d F t . L a u d e r d a le , F lo r id a BY: 33334 K e n n e t h E . T r e n t , E s q u ir e

H e f il e d it i n J u n e o f 2 0 1 1 a s J o s e p h B e r n s t e i n , E s q u ir e , f o r J o s e p h B e r n s t e i n . T h e n i n r e s p o n s e t o t h a t , w e f i le d a r e p ly t o e a c h o n e o f t h e a f f ir m a t i v e d e f e n s e s , i n o u r o p in io n , m u t i n g o u t t h o s e a f f ir m a t i v e d e f e n s e s o n J a n u a r y 5 t h o f t h i s y e a r. S u b s e q u e n t t o t h a t w e f i le d a m o t i o n fo r s u m m a r y fin a l ju d g m e n t. T h e o r ig in a l n o t e is in t h e c o u r t file . T h e p l a i n t if f h e r e is t h e o r i g in a l le n d e r . I t's a c u r r e n t in c a r n a t io n o f t h e T h e o r i g i n a l le n d e r w a s

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o r i g i n a l le n d e r .

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World Savings. Wells Fargo is World Savings, as the Court is familiar, and we believe we are entitled to a final judgment as a matter of law. THE COURT: Mr. Trent. MR. SMITH: I folded over the answer in affirmative defenses and the reply to affirmative defenses. THE COURT: Let me hear what he says. MR. TRENT: Number one, the original lender is not World Savings Bank. The original lender is Wachovia Mortgage FSB. It's Wachovia Mortgage FSB, and there is a certificate, or a letter, dated November -- just one second -- on February 22nd, 2008 the loan was issued in the name of Wachovia Mortgage FSB. Then the plaintiff herein, being Wells Fargo Bank NA, has filed with this Court a copy of -- at least that's all we have -of a letter dated November 1st, 2009 basically stating that Wachovia Mortgage FSB is changed to a national bank with the name Wells Fargo Bank Southwest National

THE COURT: Wells Fargo took over Wachovia in the merger; right? MR. SMITH: Right. MR. TRENT: Right. But here's the problem with that, your Honor. First of all, I don't know if he's filed the original of this letter dated November 1st, 2009. It's from the comptroller of the currency or something like that. THE COURT: Some minor official somewhere. MR. TRENT: Yeah. I mean it could be a wholly-owned non-profit entity by Wall Street, but we don't really know where that's coming from. There's been no testimony to authenticate it. I don't believe it's self-authenticating. It's got some kind of a stamp or seal on there, but it's illegible on the copy that I have. But be that as it may, and let me get to in a moment the fact that we have now filed a motion to amend, as well as a motion to continue this hearing based on my

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Association. And then Wells Fargo Bank Southwest National Association is becoming Wells Fargo Bank National Association. So now -THE COURT: Where does the World Bank fit into this? MR. TRENT: It doesn't. MR. SMITH: I made a mistake, Your Honor. Counsel has corrected me -- has properly corrected me -- that the origination was Wells Fargo -- I'm sorry, Wachovia. Wachovia. And then now we have Wells Fargo, and I'm sorry to interrupt, counsel. MR. TRENT: So, your Honor, as I always do, I'm trying to determine what is their story as to their standing. Do they claim to be the owner, the holder or both? Can't tell from the complaint because all it says is plaintiff is entitled to enforce the note and mortgage. It seems like their argument is that they are the same thing as the original lender; therefore, they don't need an endorsement.

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having just gotten hired on the 28th, and attached to our motion to amend is our proposed amended pleadings where we are now asserting, if permitted, 15 affirmative defenses instead of four, one of which specifically relates to pick-a-payment loans. That's the reason opposing counsel thought that it was World Savings Bank, because it's pick-a-payment loan, and that's usually World Savings Bank. But back to the point that I was trying to make a moment ago, the real problem here is they are now essentially, if I understand counsel's argument, saying that the plaintiff is the same as the original lender; so therefore, we don't need an endorsement. There is no endorsement on the note; is there? MR. SMITH: I don't believe so. MR. TRENT: No, there is no endorsement and there is no assignment in this case. But the problem for the plaintiff is they create their own issue of material
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fact precluding summary judgment with their affidavit of indebtedness, and their notice of intent to foreclose, their notice letter, their breach letter which they filed with this Court. If you take a look at their affidavit as to amounts due and owing, it says: " Wells Fargo Bank NA is the servicer of the mortgage loan that is the subject of the above-styled action." Now, here again, they don't say they're the holder, they don't say they're the owner; okay? So we have an ambiguous allegation in the complaint that just says plaintiff is entitled to enforce; you have a note and mortgage attached to the complaint that named somebody other than the plaintiff as the original lender; you have opposing counsel up here saying plaintiff is the descendant or successor in interest -- corporate successor to the original lender thereby implying that they are the owner. But there is no evidence or allegation in the record that plaintiff owns this

Mortgage -- it's a bit of an anomaly considering the fact that, according to that November 1st letter, on November 1st, 2009 Wachovia Mortgage was merged into Wells Fargo Bank. Now, in their notice of intent to foreclose -- which, by the way, contains a fair debt collection practices act warning, which means they are not the real creditor, they're a debt collector -- says mail your payments to Wachovia Mortgage. So they contradict their own exhibits as far as the status of that entity and who the plaintiff is in relation to this loan. Now, I'm almost finished. Just today -- I was hired on the 28th. Today we filed a motion to continue this hearing, a motion for leave to amend answer in affirmative defenses. This is not really that old of a case. My client is a tax lawyer. He's not a civil litigator. And the fact is that, in addition to the failure of the plaintiff to establish that they are the owner or holder of the

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loan. There is no allegation or evidence in this record that plaintiff is the holder -- did I say owner before? Owner or holder of this loan. They don't even allege that. All they do is they say we are entitled to enforce it, and then attach this hearsay -- I don't know -- letter that talks about the change in names of various entities related to Wachovia Bank NA. But if they are the servicer, then they need to have -- be acting on the authority of someone else; yet he says they are foreclosing in the name of the original lender. If they are the servicer, they need to show that they are the holder, that they have the authority of the real party in interest to proceed with this foreclosure. What we have is a real void in the case as far as the proof. Now, if you take a look at their breach letter dated November 16, 2010 filed with the Court, it just says "please mail payment to Wachovia Mortgage." Well that's funny, because Wachovia

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note and mortgage as required by all the recent cases, according to the case of Old Republic Insurance Company versus Wilson, 449 So.2d 421, Florida Third DCA, 1984, and I quote: "Leave to amend shall be freely given where justice required, Florida rule of civil procedure 1.190 A, all the more so when a party seeks such a privilege at or before a hearing on a motion for summary judgment." And that's what we are doing here, your Honor, because this is a pick-a-payment loan, and there have been big lawsuits and Government involvement with regard to these pick-a-payment loans being very deceitful in terms of their disclosures that are required by the Truth In Lending Act, various other laws, there are affirmative defenses that are uniquely appropriate to this loan that have not previously been alleged by Mr. Bernstein. And so, based upon the fact that they have -- we have our in good faith motion for leave to amend, and we are asking the Court
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to continue the hearing based upon that and based upon the fact that I was just hired, based upon the fact they failed to allege or prove whether they are the holder or owner of the note, we respectfully submit the motion should be denied, or deferred at a minimum. THE COURT: But not deny your motion to continue. That one you want me -MR. TRENT: I would like you to grant that. MR. SMITH: Your Honor, first of all, the presentation by counsel, I believe, is -- kind of deflects the point that there was -- there is sworn evidence in support -THE COURT: Let me backtrack one second, because this can maybe all rooted out. Talks about the merger and present motion for continuance. MR. TRENT: 28th. MR. SMITH: First of all, Mr. Trent does an excellent job for his clients, very diligent job for his clients. I have

I've seen that -- non-attorneys have taken this tactic, have basically been turned around and told that they haven't followed the rule and, therefore, plaintiff is entitled to a final judgment. So I would think that in a situation where there is an attorney, that there should be a higher standard, especially if he's claiming somehow he missed something or should have argued or could have argued. With respect to the merits of the motion right now, Mr. Trent has raised a bunch of issues that aren't raised in the affirmative defenses. And to the extent that they are raised in the affirmative defenses, we have replied, rebutted them to reply. In addition, what we have in this case is evidence in support of the plaintiff's motion, which Mr. Trent, he tends to ignore it in the sense that the affidavit amounts due and owing is a sworn document, and attached to it are exhibits which, in and of themselves, become evidence when they are part of a sworn document.

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always seen that, and I'm not just saying that for purposes of just kissing butt, but we have to take these actions in combination of equity and law. Mr. Bernstein is not a civilian. He's an attorney. He's someone that answered as an attorney; he's someone that certainly could have and should have raised those issues. THE COURT: Let's not go too far into that because, as we well know, an attorney representing himself has a fool for a client. MR. SMITH: But I shouldn't have to suffer because of that, your Honor. THE COURT: Well, you shouldn't have to suffer at all. MR. SMITH: Well, I mean, your Honor, at this point, it seems like your Honor is not going to entertain my summary judgment. THE COURT: No, I didn't say that. I'm trying to be fair to both sides. MR. SMITH: Well, Mr. Bernstein is basically seeking an extra bite at the apple by hiring an attorney at the last minute when he, himself, is an attorney.

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So what does plaintiff have in support of its motion? It has the original note of record, and then it has in addition a copy of the note within a sworn affidavit from the plaintiff, and in that there is a full copy of the note, as well as the merger document showing that the plaintiff is the same as the original lender. There has been no affidavit in opposition filed by the defendant. There's been no memorandum or opposition under the rule 1.150, the summary judgment rule, it has to be two business days before the hearing. There has been nothing of that nature filed. Plaintiff has entitled -- has appeared in this case consistently as Wells Fargo Bank as originally filed. There is no confusion or separation of the parties or of the plaintiff from a seventh degree or sixth degree of separation. This is the original lender, your Honor. It's the same people, same file cabinets, same desk. The affidavit alone besides having those exhibits, it goes through all the
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amounts due and owing. It's not some simple statement of an amount. It has the back-up to it. And under 6733011 -THE COURT: Would you agree, though, if I grant the motion for summary judgment and there is a dispute as far as amounts due and owing, that can be rectified with a motion for reconsideration for the new affidavit or other documents that show the amount correct? MR. SMITH: If that were the case, your Honor. I wouldn't go that far because in this situation nobody has said that the amount we are requesting is wrong. THE COURT: At least there is nothing specific. MR. SMITH: The affirmative defenses as are pled are responded to. There is nothing by way of outstanding affirmative defenses as presented to the Court that would prevent the plaintiff as a matter of law to being entitled to a final judgment. And with respect to the -- alluding to pick-a-pay, and things of that nature,

THE COURT: March 28th. MR. SMITH: Sorry. THE COURT: When was your original notice of default filed or brought against Mr. Bernstein? MR. SMITH: I'm sorry? THE COURT: When in 2011? MR. SMITH: The lawsuit was filed on January 31st, 2011. And I'll point out one more thing, your Honor, with regard to what Mr. Trent is arguing with notice of acceleration, that's not an affirmative defense, it's never been brought up in this case until today. And if what I said with respect to rule 1.510 and everything else that's considered by the Court as being correct, then that shouldn't play in. If the Court is considering allowing him to amend, then I have to deal with that, but if the Court is not allowing that, then I have a clean record. THE COURT: So you are telling me that Mr. Bernstein sat on his rights for

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those are not the affirmative defenses to the loan, respectfully, your Honor. Those perhaps could be counterclaim if they are not time-barred, but they are certainly not meritorious defenses to the plaintiff's action. And, although Mr. Trent said a lot to the Court, I don't believe what he said raises a dispute of material fact. The cases from the plaintiff's perspective is clear. And one thing I didn't say, since we do have a record today, under Florida statute 6733011, any person or entity in possession of the original note is entitled to enforce that note. Now, I believe that we have gone way beyond that minimal threshold in this case by virtue of Wells Fargo, by virtue of the affidavits and the evidence in the court file, and above and beyond that, by virtue of the original note which is in the court file and which isn't challenged. Judge, it comes down to this. Nothing has been challenged other than Mr. Trent being hired by his lawyer client yesterday.

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18 months -- well, January -- 15 months before hiring Mr. Trent? MR. SMITH: Yes. I mean Mr. Bernstein -THE COURT: Is that correct? MR. SMITH: Yes. THE COURT: The fact that Mr. Bernstein is an attorney would indicate to me that he should have been well aware that he was, quote, over his head in legal if he's a tax attorney and not a real estate attorney or foreclosure specialist. MR. TRENT: I have some other things I need to point out on the record. One thing is he did a motion for the taking of judicial notice. Do you have the court file? MR. SMITH: It's right here. THE COURT: Judicial notice of what? MR. TRENT: Of the report from the Office of the Department of Housing and Urban Development Inspector General, this is a memorandum of review on Wells Fargo Bank foreclosure and claims process. And what it does -04/22/2012 12:22:07 PM

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THE COURT: What date was that? MR. TRENT: That was on March 14th, 2012. MR. SMITH: For the record, your Honor, I object to this being argued today for two reasons. One, it's hearsay and cannot be considered as judicial notice; and two, just filing something to be considered as judicial notice is not the completed act. You have to have a hearing on that, have the Court grant your motion and then have it be part of the record. So at this point, Mr. Trent respectfully is arguing something perspectively, and something that I argued was hearsay and ask not -THE COURT: I'll roll with it. MR. TRENT: Judge, this is now part of the file. So in terms of granting summary judgment, it would, I believe, be incumbent upon this Court to consider the file. Like even if I weren't here, you would still look through the file and see if there were any obvious issues. THE COURT: I would be --

know that this has been filed, but there were efforts made by my client to take deposition of the person who signed the quote, unquote, verified complaint, although that person's -- name of that person's employer nor their capacity is stated. It's just a random signature on a separate page. THE COURT: No depositions were taken? No motions to compel? MR. TRENT: No, your Honor. It's just an attempt by my client to do some kind of discovery and it wasn't filed, but I have better arguments than that. THE COURT: Let's hope. MR. TRENT: Judge, it is error to deny a motion for leave to amend an answer to assert affirmative defenses, even when it is done on the eve or at the time of a summary judgment hearing. And that's what we have here. And the cases really do stand for that. I would never say it to the Court if it weren't true, and I would give all the

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MR. SMITH: Yes, sir. THE COURT: I would be inclined to grant your motion for continuance if Mr. Bernstein hadn't sat on his rights to hire a lawyer for 15 months until he realized that the end was drawing near. He's an attorney. He should be well aware that he was incapable of handling a foreclosure matter on his own. Therefore, your motion to continue is denied. I have heard nothing from Mr. Trent to indicate reason for me to deny the motion for summary judgment. MR. TRENT: I wasn't really finished arguing that, Judge. I do have a few more points. THE COURT: Go ahead. MR. TRENT: Where there is outstanding discovery, it is inappropriate to grant the summary judgment. THE COURT: What else is there? MR. TRENT: There is only, I'm afraid, letters from my client when he was representing himself to counsel for the plaintiff, basically -- I mean I don't even

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caveats that are necessary. THE COURT: Mr. Trent, I'm not accusing you of anything. MR. TRENT: I know. I just want you to believe me, Judge, that we have filed our motion for leave to amend. And by granting the summary judgment, you are effectively denying our motion for leave to amend. THE COURT: Mr. Smith? MR. SMITH: Judge, I need to see the cases. From this I have to disagree with counsel's statement of the law, respectfully. I don't think that the rules provide for anybody to be able to file an amendment to a -THE COURT: At the time of the summary judgment. MR. SMITH: -- at the time of summary by contravention of 1.510 which has time limits for filing. THE COURT: Next argument. MR. TRENT: Well, I mean the case -- I cited the case on the record, and it does say that it's not a violation of 1.510
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b e c a u s e it 's n o t d ir e c t ly in o p p o s itio n to t h e s u m m a r y ju d g m e n t . I g u e s s w h a t I 'm t r y in g t o g e t a c r o s s , a n d I 'll ju s t le a v e it a t t h is , t h e b o tt o m lin e is t h e y h a v e t o e s t a b lis h t h a t t h e y a r e t h e o w n e r - - I t h in k it's " a n d " t h e h o ld e r , b u t a t le a s t t h e o w n e r o r t h e h o ld e r . T h e y h a v e n o t d o n e th a t. Because,

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H E A R IN G C E R T IFIC A T E S T A T E O F F L O R ID A ) SS. CO UNTY O F DADE ) )

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e v e n if y o u c o n s id e r t h e m t o b e t h e o r ig in a l le n d e r , o k a y , t h e r e is e v id e n c e in t h is r e c o r d t h a t s a y s th a t p la in t iff is t h e s e r v ic e r , t h a t p la in tiff is a c t in g o n b e h a lf o f s o m e u n k n o w n o w n e r . I f t h e y a r e t h e o r ig in a l le n d e r , t h e o n ly r e a s o n t h a t c o u ld g iv e t h e m s t a n d in g is i f t h e y c o n t in u e t o m a in t a in th a t t h e y o w n t h e lo a n . O t h e r w is e , th e f a c t t h a t t h e y a r e t h e o r ig in a l le n d e r is ir r e le v a n t . T h e y s t ill n e e d t o s h o w , b e c a u s e t h e y h a v e a d if f e r e n t n a m e t h a n t h e n a m e d le n d e r , t h e y n e e d t o s h o w a n e n d o r s e m e n t, t h e y n e e d t o s h o w a n a s s ig n m e n t , t h e y n e e d t o s h o w a n a f fid a v it o f o w n e r s h ip a n d t h e y a r e 0 f o r 3. THE COURT: W e ll, I'm c a llin g t h e

I, A U R O R A S L O A N , S h o rth a n d R e p o rte r, N o t a r y P u b lic , c e r tify t h a t I w a s a u th o r iz e d t o a n d d id s t e n o g r a p h ic a lly r e p o r t t h e f o r e g o in g p r o c e e d in g s a n d t h is t r a n s c r ip t is a t r u e r e c o r d o f t h e p r o c e e d in g s b e f o r e t h e C o u r t . I f u r t h e r c e r t if y t h a t I a m n o t a r e la t iv e , e m p lo y e e , a t t o r n e y , o r c o u n s e l f o r a n y o f t h e p a r t ie s n o r a m I a r e la tiv e o r e m p lo y e e o f a n y o f t h e p a r t ie s ; a t to r n e y o f c o u n s e l c o n n e c t e d w it h t h e a c t io n , n o r a m I f in a n c ia lly in t e r e s t e d in t h e a c t io n .

2012.

D a te d t h is _ _ _ _ _ _ _ d a y o f _ _ _ _ _ _ _ _ _ _ _ _ _ ,

_________________________________ A U R O R A S L O A N , S h o rth a n d R e p o rte r

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b a lls a n d s t r ik e s h e r e , a n d I d o n 't a g r e e w it h y o u r a s s e s s m e n t t h a t M r . S m it h h a s s tru c k o u t. M R. TRENT: THE COURT: r e q u e s t in g ? M R. TRENT: THE COURT: 120 days. D o y o u h a v e a n y o b je c t io n ? U n d e rs to o d . H o w m u c h t im e a r e y o u

A u g u s t t h e 7 th .

( T h e r e u p o n , t h e h e a r in g w a s c o n c lu d e d a t 3 : 0 5 p . m .)

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6
633 [1] - 2:3 6733011 [2] - 17:4, 18:13

1
1.150 [1] - 16:11 1.190 [1] - 12:8 1.510 [3] - 19:17, 24:20, 24:25 11 [1] - 1:4 11-002405 [1] - 1:4 120 [1] - 26:7 14th [1] - 21:2 15 [3] - 8:4, 20:1, 22:5 16 [1] - 10:22 18 [1] - 20:1 1984 [1] - 12:4 1st [4] - 5:22, 7:9, 11:3

7
73 [1] - 1:13 7th [1] - 26:9

8
831 [1] - 2:6

9
9 [1] - 1:14

2
2008 [1] - 5:17 2009 [3] - 5:22, 7:9, 11:4 2010 [1] - 10:22 2011 [3] - 4:12, 19:7, 19:9 2012 [3] - 1:14, 21:3, 27:14 203 [1] - 2:3 22nd [1] - 5:17 28th [4] - 8:1, 11:16, 13:22, 19:1 2:55 [1] - 1:14

A
able [1] - 24:15 above-entitled [1] 1:17 above-styled [1] 9:10 acceleration [1] 19:12 according [2] - 11:2, 12:2 accusing [1] - 24:3 act [2] - 11:8, 21:10 Act [1] - 12:19 acting [2] - 10:11, 25:12 action [4] - 9:10, 18:6, 27:11, 27:11 actions [1] - 14:3 addition [3] - 11:23, 15:18, 16:3 affidavit [8] - 9:2, 9:6, 15:21, 16:4, 16:9, 16:24, 17:10, 25:23 affidavits [1] - 18:19 afraid [1] - 22:22 ago [1] - 8:12 agree [2] - 17:5, 26:1 ahead [1] - 22:17 allegation [3] - 9:14, 9:24, 10:1 allege [2] - 10:4, 13:3 alleged [1] - 12:22 allowing [2] - 19:20, 19:22 alluding [1] - 17:24 almost [1] - 11:15

3
3 [1] - 25:24 31st [1] - 19:9 33130 [1] - 1:13 33301 [1] - 2:4 33334 [1] - 2:7 3:05 [1] - 26:12 3rd [1] - 2:3

4
421 [1] - 12:4 449 [1] - 12:4

5
5th [1] - 4:17

alone [1] - 16:24 ambiguous [1] - 9:13 amend [10] - 3:6, 7:24, 8:2, 11:18, 12:6, 12:25, 19:21, 23:18, 24:6, 24:9 amended [2] - 3:5, 8:3 amendment [1] 24:16 amount [3] - 17:2, 17:11, 17:15 amounts [4] - 9:7, 15:21, 17:1, 17:7 AND [1] - 1:2 anomaly [1] - 11:1 answer [4] - 4:5, 5:6, 11:18, 23:18 answered [1] - 14:6 APPEARANCES [1] 2:1 appeared [1] - 16:15 apple [1] - 14:24 appropriate [1] 12:21 April [1] - 1:14 argued [4] - 15:10, 21:5, 21:15 arguing [3] - 19:12, 21:14, 22:15 argument [3] - 6:22, 8:14, 24:22 arguments [1] - 23:14 assert [1] - 23:19 asserting [1] - 8:4 assessment [1] - 26:2 assignment [2] - 8:22, 25:22 association [3] - 6:1, 6:2, 6:3 attach [1] - 10:6 attached [3] - 8:2, 9:16, 15:23 attempt [1] - 23:12 attorney [14] - 3:25, 4:5, 14:6, 14:7, 14:10, 14:24, 14:25, 15:7, 20:8, 20:11, 20:12, 22:7, 27:9, 27:10 attorneys [1] - 15:1 August [1] - 26:9 Aurora [1] - 1:19 AURORA [2] - 27:6, 27:17 authenticate [1] - 7:18 authenticating [1] 7:19 authority [2] - 10:12, 10:17 authorized [1] - 27:7
Page 1 to 1 of 5

Avenue [1] - 2:3 aware [2] - 20:9, 22:8

B
back-up [1] - 17:3 backtrack [1] - 13:17 balls [1] - 26:1 Bank [12] - 5:11, 5:20, 5:25, 6:1, 6:3, 8:8, 8:10, 9:8, 10:9, 11:5, 16:17, 20:24 BANK [1] - 1:5 bank [2] - 5:24, 6:5 barred [1] - 18:4 based [5] - 7:25, 12:23, 13:1, 13:2, 13:3 become [1] - 15:24 becoming [1] - 6:2 BEHALF [2] - 2:2, 2:5 behalf [4] - 4:6, 4:7, 4:8, 25:13 BERNSTEIN [1] - 1:8 Bernstein [12] - 4:3, 4:4, 4:13, 12:22, 14:5, 14:22, 19:5, 19:25, 20:4, 20:8, 22:4 better [1] - 23:14 beyond [2] - 18:17, 18:20 big [1] - 12:15 bit [1] - 11:1 bite [1] - 14:23 bottom [1] - 25:4 Boulevard [1] - 2:6 breach [2] - 9:4, 10:22 brought [2] - 19:4, 19:14 bunch [1] - 15:13 business [1] - 16:13 butt [1] - 14:2 BY [2] - 2:4, 2:7

C
cabinets [1] - 16:23 CACE [1] - 1:4 cannot [1] - 21:7 capacity [1] - 23:6 case [12] - 3:18, 8:23, 10:20, 11:20, 12:2, 15:18, 16:16, 17:12, 18:17, 19:14, 24:23, 24:24 CASE [1] - 1:4 cases [4] - 12:2, 18:9,

23:22, 24:12 caveats [1] - 24:1 certainly [2] - 14:7, 18:4 certificate [1] - 5:15 CERTIFICATE [1] 27:1 certify [2] - 27:7, 27:9 challenged [2] 18:22, 18:24 change [1] - 10:8 changed [1] - 5:24 CIRCUIT [2] - 1:1, 1:1 cited [1] - 24:24 civil [2] - 11:22, 12:8 civilian [1] - 14:5 claim [1] - 6:18 claiming [1] - 15:9 claims [1] - 20:24 clean [1] - 19:23 clear [1] - 18:10 client [6] - 11:21, 14:12, 18:25, 22:23, 23:2, 23:12 clients [2] - 13:24, 13:25 collection [1] - 11:8 collector [1] - 11:10 combination [1] - 14:4 coming [1] - 7:17 company [1] - 12:3 compel [1] - 23:10 complaint [4] - 6:19, 9:14, 9:17, 23:4 completed [1] - 21:10 comptroller [1] - 7:10 concluded [1] - 26:12 confusion [1] - 16:18 connected [1] - 27:10 consider [2] - 21:21, 25:9 considered [3] 19:18, 21:7, 21:9 considering [2] - 11:2, 19:20 consistently [1] 16:16 contains [1] - 11:7 continuance [2] 13:21, 22:3 continue [6] - 7:25, 11:17, 13:1, 13:9, 22:10, 25:16 contradict [1] - 11:12 contravention [1] 24:20 copy [4] - 5:21, 7:21, 16:3, 16:6 corporate [1] - 9:21
8 of 12 sheets

04/22/2012 12:22:07 PM

correct [4] - 4:11, 17:11, 19:18, 20:5 corrected [2] - 6:9, 6:10 counsel [8] - 6:9, 6:14, 8:7, 9:19, 13:13, 22:24, 27:9, 27:10 counsel's [2] - 8:14, 24:13 counterclaim [1] 18:3 COUNTY [2] - 1:2, 27:4 County [1] - 1:12 Court [13] - 3:14, 5:2, 10:23, 12:25, 17:21, 18:7, 19:18, 19:20, 19:22, 21:11, 21:21, 23:24, 27:8 COURT [41] - 1:1, 3:8, 3:10, 3:17, 3:21, 4:7, 4:9, 5:5, 5:9, 6:5, 7:1, 7:12, 13:8, 13:17, 14:9, 14:15, 14:20, 17:5, 17:16, 19:1, 19:3, 19:7, 19:24, 20:5, 20:7, 20:19, 21:1, 21:17, 21:25, 22:2, 22:17, 22:21, 23:9, 23:16, 24:2, 24:10, 24:17, 24:22, 25:25, 26:5, 26:8 court [7] - 3:14, 4:21, 5:20, 9:5, 18:19, 18:21, 20:17 Courthouse [1] - 1:12 create [1] - 8:25 creditor [1] - 11:9 currency [1] - 7:10 current [1] - 4:24

D
DADE [2] - 1:2, 27:4 Dade [1] - 1:12 date [1] - 21:1 Dated [1] - 27:13 dated [4] - 5:15, 5:22, 7:8, 10:22 days [2] - 16:13, 26:7 DCA [1] - 12:4 deal [1] - 19:21 debt [2] - 11:8, 11:10 deceitful [1] - 12:17 default [1] - 19:4 Defendant [2] - 1:9, 4:4
9 of 12 sheets

DEFENDANT [1] - 2:5 defendant [2] - 3:24, 16:10 defense [1] - 19:13 defenses [15] - 4:6, 4:16, 4:17, 5:7, 5:8, 8:5, 11:19, 12:20, 15:14, 15:16, 17:18, 17:21, 18:1, 18:5, 23:19 deferred [1] - 13:6 deflects [1] - 13:14 degree [2] - 16:19, 16:20 denied [2] - 13:6, 22:11 deny [3] - 13:8, 22:12, 23:17 denying [1] - 24:8 department [1] - 20:21 deposition [1] - 23:3 depositions [1] - 23:9 descendant [1] - 9:20 desk [1] - 16:23 determine [1] - 6:16 development [1] 20:22 different [1] - 25:20 diligent [1] - 13:25 directly [1] - 25:1 disagree [1] - 24:12 disclosures [1] 12:18 discovery [2] - 22:19, 23:13 dispute [2] - 17:7, 18:8 DIVISION [1] - 1:3 document [3] - 15:22, 15:25, 16:7 documents [1] - 17:10 done [2] - 23:20, 25:8 down [1] - 18:23 drawing [1] - 22:6 due [4] - 9:7, 15:22, 17:1, 17:8

8:22, 25:21 enforce [4] - 6:20, 9:15, 10:6, 18:15 entertain [1] - 14:19 entities [1] - 10:9 entitled [9] - 1:17, 5:3, 6:20, 9:15, 10:6, 15:5, 16:15, 17:23, 18:14 entity [3] - 7:15, 11:13, 18:13 equity [1] - 14:4 ERIC [1] - 2:6 error [1] - 23:17 especially [1] - 15:8 Esquire [3] - 2:4, 2:7, 4:13 essentially [1] - 8:13 establish [2] - 11:24, 25:5 estate [1] - 20:12 eve [1] - 23:20 evidence [7] - 9:24, 10:1, 13:15, 15:19, 15:24, 18:19, 25:10 excellent [1] - 13:24 exhibits [3] - 11:12, 15:23, 16:25 explain [1] - 3:20 extent [1] - 15:14 extra [1] - 14:23

F
fact [10] - 7:23, 9:1, 11:2, 11:23, 12:23, 13:2, 13:3, 18:8, 20:7, 25:17 failed [1] - 13:3 failure [1] - 11:24 fair [2] - 11:8, 14:21 faith [1] - 12:24 familiar [1] - 5:2 far [5] - 10:20, 11:12, 14:9, 17:7, 17:13 FARGO [1] - 1:5 Fargo [13] - 5:1, 5:20, 5:25, 6:1, 6:3, 6:11, 6:13, 7:1, 9:8, 11:5, 16:16, 18:18, 20:23 February [1] - 5:17 few [1] - 22:15 file [10] - 3:15, 4:22, 16:22, 18:20, 18:22, 20:17, 21:19, 21:21, 21:23, 24:15 filed [19] - 3:5, 4:5, 4:12, 4:14, 4:19, 5:20, 7:8, 7:24, 9:5,
Page 2 to 2 of 5

10:22, 11:17, 16:9, 16:14, 16:17, 19:4, 19:8, 23:1, 23:14, 24:5 filing [2] - 21:8, 24:21 final [6] - 3:13, 3:16, 4:20, 5:3, 15:5, 17:23 financially [1] - 27:11 finished [2] - 11:15, 22:14 first [3] - 7:7, 13:12, 13:23 fit [1] - 6:6 Flagler [1] - 1:13 FLORIDA [2] - 1:2, 27:3 Florida [8] - 1:13, 1:19, 1:20, 2:4, 2:7, 12:4, 12:7, 18:12 folded [1] - 5:6 followed [1] - 15:4 following [1] - 3:1 fool [1] - 14:11 FOR [1] - 1:2 foreclose [2] - 9:3, 11:7 foreclosing [1] - 10:13 foreclosure [4] 10:18, 20:12, 20:24, 22:9 foregoing [1] - 27:7 Fort [1] - 2:4 four [1] - 8:5 freely [1] - 12:6 FSB [4] - 5:13, 5:14, 5:18, 5:24 Ft [1] - 2:7 full [1] - 16:5 funny [1] - 10:25

H
handling [1] - 22:8 head [1] - 20:10 hear [1] - 5:9 heard [2] - 3:17, 22:11 HEARING [1] - 27:1 hearing [9] - 1:18, 7:25, 11:18, 12:10, 13:1, 16:13, 21:10, 23:21, 26:11 hearsay [3] - 10:7, 21:6, 21:16 held [1] - 3:2 herein [1] - 5:19 higher [1] - 15:8 himself [4] - 3:23, 14:11, 14:25, 22:24 hire [1] - 22:5 hired [5] - 3:4, 8:1, 11:16, 13:2, 18:25 hiring [2] - 14:24, 20:2 holder [9] - 6:18, 9:12, 10:2, 10:3, 10:16, 11:25, 13:4, 25:7, 25:8 Honor [17] - 3:11, 3:19, 3:24, 6:9, 6:15, 7:6, 12:13, 13:12, 14:14, 14:17, 14:18, 16:22, 17:13, 18:2, 19:11, 21:5, 23:11 Honorable [1] - 1:18 hope [1] - 23:16 housing [1] - 20:21

I
ignore [1] - 15:20 illegible [1] - 7:21 implying [1] - 9:22 IN [2] - 1:1, 1:1 inappropriate [1] 22:19 incapable [1] - 22:8 incarnation [1] - 4:24 inclined [1] - 22:2 incumbent [1] - 21:20 indebtedness [1] - 9:2 indicate [2] - 20:8, 22:12 inspector [1] - 20:22 instead [1] - 8:5 insurance [1] - 12:3 intent [2] - 9:3, 11:6 interest [2] - 9:21, 10:18 interested [1] - 27:11
04/22/2012 12:22:07 PM

G
general [1] - 20:22 GENERAL [1] - 1:3 gentlemen [1] - 3:10 given [1] - 12:6 Government [1] 12:15 grant [5] - 13:10, 17:6, 21:11, 22:3, 22:19 granting [2] - 21:19, 24:7 guess [3] - 3:6, 4:1, 25:3

E
East [1] - 2:6 effectively [1] - 24:8 efforts [1] - 23:2 ELEVENTH [1] - 1:1 employee [2] - 27:9, 27:10 employer [1] - 23:6 end [1] - 22:6 endorsement [5] 6:25, 8:17, 8:18,

interrupt [1] - 6:14 involvement [1] 12:15 irrelevant [1] - 25:18 issue [1] - 8:25 issued [1] - 5:17 issues [3] - 14:8, 15:13, 21:24

J
January [3] - 4:17, 19:9, 20:1 job [2] - 13:24, 13:25 Joel [1] - 1:18 Joseph [2] - 4:12, 4:13 JOSEPH [1] - 1:8 judge [1] - 21:18 Judge [5] - 18:23, 22:15, 23:17, 24:5, 24:11 judgment [19] - 3:4, 3:13, 3:16, 4:20, 5:3, 9:1, 12:11, 14:19, 15:5, 16:12, 17:6, 17:23, 21:20, 22:13, 22:20, 23:21, 24:7, 24:18, 25:2 JUDICIAL [1] - 1:1 judicial [4] - 20:16, 20:19, 21:7, 21:9 June [1] - 4:12 JURISDICTION [1] 1:3 justice [1] - 12:7

Lazarus [1] - 1:18 least [3] - 5:21, 17:16, 25:7 leave [7] - 11:18, 12:6, 12:25, 23:18, 24:6, 24:8, 25:4 legal [1] - 20:10 lender [16] - 4:24, 4:25, 5:11, 5:12, 6:24, 8:16, 9:18, 9:22, 10:14, 16:8, 16:21, 25:10, 25:14, 25:18, 25:20 Lending [1] - 12:19 letter [8] - 5:15, 5:22, 7:8, 9:4, 10:7, 10:22, 11:3 letters [1] - 22:23 limits [1] - 24:21 line [1] - 25:5 litigator [1] - 11:22 loan [10] - 5:17, 8:9, 9:9, 10:1, 10:4, 11:14, 12:14, 12:21, 18:2, 25:17 loans [2] - 8:7, 12:16 look [3] - 9:6, 10:21, 21:23

M
mail [2] - 10:23, 11:10 maintain [1] - 25:16 March [2] - 19:1, 21:2 material [2] - 8:25, 18:8 matter [3] - 5:4, 17:22, 22:9 mean [5] - 7:14, 14:17, 20:3, 22:25, 24:23 means [1] - 11:9 memorandum [2] 16:10, 20:23 merged [1] - 11:4 merger [3] - 7:2, 13:20, 16:6 meritorious [1] - 18:5 merits [1] - 15:11 Miami [1] - 1:13 minimal [1] - 18:17 minimum [1] - 13:7 minor [1] - 7:12 minute [1] - 14:25 missed [1] - 15:9 mistake [1] - 6:8 moment [2] - 7:23, 8:12 Monday [1] - 1:14 months [3] - 20:1,

22:5 Mortgage [8] - 5:13, 5:14, 5:18, 5:23, 10:24, 11:1, 11:4, 11:11 mortgage [4] - 6:21, 9:9, 9:16, 12:1 motion [27] - 3:3, 3:6, 3:12, 4:19, 7:24, 7:25, 8:2, 11:17, 11:18, 12:10, 12:24, 13:6, 13:8, 13:21, 15:12, 15:20, 16:2, 17:6, 17:9, 20:15, 21:11, 22:3, 22:10, 22:13, 23:18, 24:6, 24:8 motions [1] - 23:10 MR [50] - 3:3, 3:9, 3:11, 3:12, 3:19, 3:22, 4:8, 4:11, 5:6, 5:10, 6:7, 6:8, 6:15, 7:3, 7:4, 7:14, 8:20, 8:21, 13:10, 13:12, 13:22, 13:23, 14:13, 14:17, 14:22, 17:12, 17:18, 19:2, 19:6, 19:8, 20:3, 20:6, 20:13, 20:18, 20:20, 21:2, 21:4, 21:18, 22:1, 22:14, 22:18, 22:22, 23:11, 23:17, 24:4, 24:11, 24:19, 24:23, 26:4, 26:7 muting [1] - 4:16

nobody [1] - 17:14 non [2] - 7:15, 15:1 non-attorneys [1] 15:1 non-profit [1] - 7:15 Notary [2] - 1:20, 27:7 note [12] - 4:21, 6:21, 8:18, 9:16, 12:1, 13:5, 16:2, 16:4, 16:6, 18:14, 18:15, 18:21 nothing [5] - 16:14, 17:16, 17:20, 18:23, 22:11 notice [9] - 9:2, 9:3, 11:6, 19:4, 19:12, 20:16, 20:19, 21:7, 21:9 November [6] - 5:16, 5:22, 7:9, 10:22, 11:3 number [1] - 5:10

own [6] - 4:7, 4:8, 8:25, 11:12, 22:9, 25:17 owned [1] - 7:15 owner [10] - 6:18, 9:13, 9:23, 10:3, 11:25, 13:5, 25:6, 25:7, 25:13 ownership [1] - 25:23 owns [1] - 9:25

P
P.A [2] - 2:3, 2:6 p.m [2] - 1:14, 26:12 page [1] - 23:8 Park [1] - 2:6 part [3] - 15:25, 21:12, 21:18 parties [3] - 16:18, 27:10, 27:10 party [2] - 10:17, 12:9 pay [1] - 17:25 payment [5] - 8:6, 8:9, 10:24, 12:14, 12:16 payments [1] - 11:11 people [1] - 16:22 perhaps [1] - 18:3 permitted [1] - 8:4 person [2] - 18:13, 23:3 person's [2] - 23:5, 23:6 perspective [1] - 18:9 perspectively [1] 21:15 pick [5] - 8:6, 8:9, 12:14, 12:16, 17:25 pick-a-pay [1] - 17:25 pick-a-payment [4] 8:6, 8:9, 12:14, 12:16 plaintiff [22] - 4:23, 5:19, 6:20, 8:15, 8:24, 9:15, 9:18, 9:20, 9:25, 10:2, 11:13, 11:24, 15:4, 16:1, 16:5, 16:7, 16:15, 16:19, 17:22, 22:25, 25:11, 25:12 Plaintiff [1] - 1:6 PLAINTIFF [1] - 2:2 plaintiff's [4] - 3:12, 15:19, 18:5, 18:9 play [1] - 19:19 pleading [1] - 3:5 pleadings [1] - 8:3 pled [1] - 17:19 point [7] - 4:1, 8:11,
10 of 12 sheets

O
Oakland [1] - 2:6 object [1] - 21:5 objection [1] - 26:8 obvious [1] - 21:24 obviously [1] - 3:22 OF [5] - 1:1, 2:2, 2:5, 27:3, 27:4 office [1] - 20:21 official [1] - 7:12 old [2] - 11:20, 12:2 ON [2] - 2:2, 2:5 one [10] - 4:15, 5:10, 5:16, 8:5, 13:9, 13:17, 18:11, 19:10, 20:15, 21:6 opinion [1] - 4:16 opposing [2] - 8:7, 9:19 opposition [3] - 16:9, 16:11, 25:1 original [21] - 4:21, 4:23, 4:25, 5:10, 5:12, 6:23, 7:8, 8:16, 9:18, 9:22, 10:13, 16:2, 16:8, 16:21, 18:14, 18:21, 19:3, 25:10, 25:14, 25:18 originally [1] - 16:17 origination [1] - 6:11 otherwise [1] - 25:17 outstanding [2] 17:20, 22:18 owing [4] - 9:7, 15:22, 17:1, 17:8

N
NA [3] - 5:20, 9:8, 10:9 name [5] - 5:18, 5:25, 10:13, 23:5, 25:20 named [2] - 9:17, 25:20 names [1] - 10:8 national [4] - 5:24, 5:25, 6:2, 6:3 nature [2] - 16:14, 17:25 near [1] - 22:6 necessary [1] - 24:1 need [10] - 6:24, 8:17, 10:11, 10:15, 20:14, 24:11, 25:19, 25:21, 25:22 never [2] - 19:14, 23:24 new [1] - 17:9 next [1] - 24:22 NO [1] - 1:4
Page 3 to 3 of 5

K
KENNETH [1] - 2:6 Kenneth [1] - 2:7 kind [3] - 7:20, 13:14, 23:13 kissing [1] - 14:2

L
Large [1] - 1:20 last [1] - 14:24 Lauderdale [1] - 2:4 lauderdale [1] - 2:7 law [4] - 5:4, 14:4, 17:23, 24:13 laws [1] - 12:19 lawsuit [1] - 19:8 lawsuits [1] - 12:15 lawyer [3] - 11:21, 18:25, 22:5
04/22/2012 12:22:07 PM

13:14, 14:18, 19:10, 20:14, 21:13 points [1] - 22:16 possession [1] 18:14 practices [1] - 11:8 precluding [1] - 9:1 present [1] - 13:20 presentation [1] 13:13 presented [1] - 17:21 prevent [1] - 17:22 previously [1] - 12:22 privilege [1] - 12:9 pro [1] - 3:25 problem [3] - 7:5, 8:13, 8:24 procedure [1] - 12:8 proceed [1] - 10:18 proceedings [3] - 3:1, 27:8, 27:8 process [1] - 20:24 Professional [1] 1:19 profit [1] - 7:15 proof [1] - 10:20 properly [1] - 6:10 proposed [3] - 3:5, 3:16, 8:3 prove [1] - 13:4 provide [1] - 24:15 providing [1] - 3:14 Public [2] - 1:20, 27:7 purposes [1] - 14:2

Q
quote [3] - 12:5, 20:10, 23:4

record [12] - 3:7, 9:25, 10:2, 16:3, 18:12, 19:23, 20:14, 21:4, 21:12, 24:24, 25:11, 27:8 rectified [1] - 17:8 regard [2] - 12:16, 19:11 related [1] - 10:9 relates [1] - 8:6 relation [1] - 11:14 relative [2] - 27:9, 27:10 replied [1] - 15:16 reply [3] - 4:15, 5:7, 15:17 report [2] - 20:20, 27:7 REPORTER [1] - 3:8 Reporter [3] - 1:19, 27:6, 27:17 representing [2] 14:11, 22:24 republic [1] - 12:3 requesting [2] - 17:15, 26:6 required [3] - 12:1, 12:7, 12:18 respect [3] - 15:11, 17:24, 19:16 respectfully [4] - 13:5, 18:2, 21:14, 24:14 responded [1] - 17:19 response [1] - 4:14 review [1] - 20:23 rights [2] - 19:25, 22:4 roll [1] - 21:17 rooted [1] - 13:18 rule [5] - 12:7, 15:4, 16:11, 16:12, 19:17 rules [1] - 24:14

R
raised [4] - 14:8, 15:12, 15:13, 15:15 raises [1] - 18:8 random [1] - 23:7 real [5] - 8:12, 10:17, 10:19, 11:9, 20:11 realized [1] - 22:6 really [4] - 7:16, 11:20, 22:14, 23:22 reason [3] - 8:7, 22:12, 25:15 reasons [1] - 21:6 rebutted [1] - 15:16 recent [1] - 12:2 reconsideration [1] 17:9
11 of 12 sheets

S
S.E [1] - 2:3 sat [2] - 19:25, 22:4 Savings [4] - 5:1, 5:2, 5:11, 8:8 savings [1] - 8:10 se [1] - 3:25 seal [1] - 7:20 second [2] - 5:16, 13:18 see [2] - 21:23, 24:11 seeking [1] - 14:23 seeks [1] - 12:9 self [1] - 7:19 self-authenticating [1] - 7:19 sense [1] - 15:21

separate [1] - 23:8 separation [2] - 16:18, 16:20 servicer [4] - 9:8, 10:10, 10:15, 25:12 seventh [1] - 16:19 shall [1] - 12:6 Shorthand [2] - 27:6, 27:17 show [6] - 10:16, 17:10, 25:19, 25:21, 25:22 showing [1] - 16:7 sides [1] - 14:21 signature [1] - 23:7 signed [1] - 23:3 simple [1] - 17:2 situation [2] - 15:6, 17:14 sixth [1] - 16:20 Sloan [1] - 1:19 SLOAN [2] - 27:6, 27:17 Smith [4] - 2:4, 3:9, 24:10, 26:2 SMITH [28] - 2:3, 3:9, 3:12, 3:19, 3:22, 4:8, 4:11, 5:6, 6:8, 7:3, 8:20, 13:12, 13:23, 14:13, 14:17, 14:22, 17:12, 17:18, 19:2, 19:6, 19:8, 20:3, 20:6, 20:18, 21:4, 22:1, 24:11, 24:19 So.2d [1] - 12:4 someone [3] - 10:12, 14:6, 14:7 somewhere [1] - 7:13 sorry [4] - 6:11, 6:14, 19:2, 19:6 southwest [2] - 5:25, 6:2 specialist [1] - 20:12 specific [1] - 17:17 specifically [1] - 8:6 SS [1] - 27:3 stamp [1] - 7:20 stand [1] - 23:23 standard [1] - 15:8 standing [2] - 6:17, 25:15 State [1] - 1:20 STATE [1] - 27:3 statement [2] - 17:2, 24:13 stating [1] - 5:23 status [1] - 11:13 statute [1] - 18:13 stenographically [1] 27:7
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still [2] - 21:22, 25:19 story [1] - 6:17 Street [2] - 1:13, 7:16 strikes [1] - 26:1 struck [1] - 26:3 Stuart [2] - 2:4, 3:9 STUART [1] - 2:3 styled [1] - 9:10 subject [1] - 9:9 submit [1] - 13:5 subsequent [1] - 4:19 substitute [1] - 4:2 successor [2] - 9:20, 9:21 suffer [2] - 14:14, 14:16 Suite [1] - 2:3 summary [16] - 3:4, 3:13, 4:20, 9:1, 12:10, 14:19, 16:12, 17:6, 21:19, 22:13, 22:20, 23:21, 24:7, 24:17, 24:19, 25:2 support [3] - 13:16, 15:19, 16:1 sworn [4] - 13:15, 15:22, 15:25, 16:4

T
tactic [1] - 15:2 talks [2] - 10:8, 13:20 tax [2] - 11:21, 20:11 tends [1] - 15:20 terms [2] - 12:17, 21:19 testimony [1] - 7:18 THE [43] - 1:1, 2:2, 2:5, 3:10, 3:17, 3:21, 4:7, 4:9, 5:5, 5:9, 6:5, 7:1, 7:12, 13:8, 13:17, 14:9, 14:15, 14:20, 17:5, 17:16, 19:1, 19:3, 19:7, 19:24, 20:5, 20:7, 20:19, 21:1, 21:17, 21:25, 22:2, 22:17, 22:21, 23:9, 23:16, 24:2, 24:10, 24:17, 24:22, 25:25, 26:5, 26:8 themselves [1] - 15:24 thereby [1] - 9:22 therefore [4] - 6:24, 8:16, 15:4, 22:10 Thereupon [2] - 3:1, 26:11 Third [1] - 12:4 this_______day [1] -

27:13 threshold [1] - 18:17 time-barred [1] - 18:4 today [5] - 11:16, 11:17, 18:12, 19:15, 21:5 took [1] - 7:1 transcript [1] - 27:8 TRENT [24] - 2:6, 3:3, 3:11, 5:10, 6:7, 6:15, 7:4, 7:14, 8:21, 13:10, 13:22, 20:13, 20:20, 21:2, 21:18, 22:14, 22:18, 22:22, 23:11, 23:17, 24:4, 24:23, 26:4, 26:7 trent [1] - 5:5 Trent [16] - 2:7, 3:15, 3:17, 3:22, 4:2, 4:9, 13:23, 15:12, 15:20, 18:6, 18:24, 19:11, 20:2, 21:13, 22:12, 24:2 true [2] - 23:25, 27:8 Truth [1] - 12:18 trying [4] - 6:16, 8:12, 14:21, 25:3 turned [1] - 15:3 two [3] - 16:12, 21:6, 21:8

U
under [3] - 16:11, 17:4, 18:12 understood [1] - 26:4 uniquely [1] - 12:20 unknown [1] - 25:13 unquote [1] - 23:4 up [3] - 9:19, 17:3, 19:14 urban [1] - 20:22

V
various [2] - 10:8, 12:19 verified [1] - 23:4 versus [1] - 12:3 violation [1] - 24:25 virtue [3] - 18:18, 18:20 void [1] - 10:19 VS [1] - 1:7

W
Wachovia [12] - 5:12,
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5:14, 5:18, 5:23, 6:12, 7:2, 10:9, 10:24, 10:25, 11:4, 11:11 Wall [1] - 7:15 warning [1] - 11:8 wells [2] - 5:1, 6:11 WELLS [1] - 1:5 Wells [11] - 5:19, 5:25, 6:1, 6:3, 6:13, 7:1, 9:8, 11:5, 16:16, 18:18, 20:23 West [1] - 1:13 wholly [1] - 7:15 wholly-owned [1] 7:15 Wilson [1] - 12:3 world [1] - 8:10 World [5] - 5:1, 5:11, 6:5, 8:8

Y
year [1] - 4:18 yesterday [1] - 18:25 yourself [1] - 3:15

04/22/2012 12:22:07 PM

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12 of 12 sheets