the deposition of michael ackerman, esq. of the nj law firm zucker, ackerman, and goldberg

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SUPERIOR COURT OF NEW JERSEYCHANCERY DIVISION - BERGEN COUNTYDOCKET NO. F-10078-10

HSBC Bank USA, NationalAssociation as Trustee forWells Fargo Asset SecuritiesCorporation, MortgageAsset-Backed Pass-ThroughCertificates Series 2007-PA6,

Plaintiff,

v.

HILDE B. LEZARON; et al,

Defendants.

:::::::::::

DEPOSITIONUPON THE ORALEXAMINATIONOF:

MICHAEL S.ACKERMAN, ESQ.

......................................B E F O R E:

Transcript of the stenographic notes of

the proceedings in the above entitled matter, as

taken by and before KIM O. FURBACHER, a Certified

Court Reporter, License No. XIO1042, Registered

Professional Reporter, Certified Realtime Court

Reporter and Notary Public of the State of New

Jersey, held at the office of ZUCKER, GOLDBERG &

ACKERMAN, LLC, 200 Sheffield Street, Suite 301,

Mountainside, New Jersey, on Monday, August 8, 2011,

commencing at 11:27 a.m., pursuant to Notice.

BARRY A. FOND SHORTHAND REPORTERS, INC.CERTIFIED COURT REPORTERS

381 BROADWAYWESTWOOD, NJ 07675

201-666-4888FAX: 201-666-6944

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A P P E A R A N C E S:

ZUCKER, GOLDBERG & ACKERMAN, LLCBY: BRIAN C. NICHOLAS, ESQ.

JENEE K. CICCARELLI, ESQ.200 Sheffield Street, Suite 301P.O. Box 1024Mountainside, New Jersey 07092-0024908-233-8500, Ext. [email protected] for Plaintiffs

DENBEAUX & DENBEAUX, ESQS.BY: JOSHUA DENBEAUX, ESQ.

ADAM DEUTSCH, ESQ.366 Kinderkamack RoadWestwood, NJ [email protected] for Defendants

BARRY A. FOND SHORTHAND REPORTERS, INC.CERTIFIED COURT REPORTERS

381 BROADWAYWESTWOOD, NJ 07675

201-666-4888FAX: 201-666-6944

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I N D E X

WITNESS PAGE

MICHAEL S. ACKERMAN, ESQ.

Direct Examination by Mr. Denbeaux 4

EXHIBITS

NO. DESCRIPTION ID EVID

D-1 Series of documents, 23 pgs.,cover document, letter dated4/5/2010 to Hilde B. Lezaronfrom Leonard B. Zucker, Esq. 4

D-2 Series of documents, 29 pgs.,cover document, Affidavits inSupport of Motion for SummaryJudgment, Docket No. F-178-10 4(marked but not referenced)

D-3 Interest-Only Period AdjustableRate Note, 4 pgs., dated7/27/2007 4

D-4 Interest-Only Period AdjustableRate Note, 4 pgs., dated7/27/2007 4

D-5 Mortgage Electronic RegistrationSystems, Inc., CorporateResolution, 4 pgs. 4

D-6 Assignment of Mortgage, 1 pg.,dated 2/11/2010 43

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M. Ackerman - direct - Denbeaux 4

(Twenty-three pages of documents, cover

document letter dated 4/5/2010 to Hilde B. Lezaron

from Leonard B. Zucker is marked as exhibit D-1 for

identification.)

(Twenty-nine pages of documents, cover

document entitled "Affidavits in Support of Motion

for Summary Judgment," Docket No. F-178-10 is marked

as exhibit D-2 for identification.)

(Four page document entitled

"Interest-Only Period Adjustable Rate Note" dated

7/27/2007 is marked as exhibit D-3 for

identification.)

(Four page document entitled

"Interest-Only Period Adjustable Rate Note," dated

7/27/2007 is marked as exhibit D-4 for

identification.)

(Four pages of documents, cover

document entitled "Mortgage Electronic Registration

Systems, Inc., Corporate Resolution" is marked as

exhibit D-5 for identification.)

M I C H A E L S. A C K E R M A N, ESQUIRE, c/o

Zucker, Goldberg & Ackerman, LLC, 200 Sheffield

Street, Suite 301, Mountainside, New Jersey 07092,

having been duly sworn, testifies as follows:

DIRECT EXAMINATION BY MR. DENBEAUX:

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Q. Mr. Ackerman, I'm Joshua Denbeaux. I

represent Hilde Lezaron in this case, as I'm sure you

know.

We're here to take the deposition of

you with regard to this litigation. And I want to

make sure that we all are in somewhat agreement as to

the scope of the deposition, so we can sort of figure

out where our problems are going to be, if we're

going to have any, at the outset.

Do we agree that the deposition is

going to involve Mr. Ackerman's execution of the

assignment of mortgage?

MR. NICHOLAS: Yes, I think we can

agree to that.

MR. DENBEAUX: Okay. And the basis for

the execution.

MR. NICHOLAS: Well, it's going to

depend on the questions.

MR. DENBEAUX: Fair enough.

MS. CICCARELLI: It wasn't in there, so

was it Bate stamped or anything like that?

MR. DEUTSCH: It's just the original

assignment that you produced with the first discovery

and with the first motion for summary judgment.

MS. CICCARELLI: Yes, I looked through

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myself. There was nothing. And then they checked

our general fax number, there was nothing in there.

MR. DENBEAUX: We'll make sure it gets

faxed over during a break.

MR. DEUTSCH: Sure.

Q. In this case, HSBC Bank USA, as Trustee

for Wells Fargo Asset Securities vs. Hilde Lezaron,

who is your client?

A. Wells Fargo.

Q. Wells Fargo the main company, like

Wells Fargo NA or Wells Fargo Asset Securities

Corporation?

A. Wells Fargo.

Q. I don't understand the answer.

A. Wells Fargo is our client.

Q. Meaning not limited to Wells Fargo

Asset Securities Corporation but Wells Fargo the main

total company in all respects?

A. No.

Q. When you answer "Wells Fargo," I've

sort of given you two basic options and you've not

clarified for me as to which Wells Fargo you

represent. So who is your client in this case?

A. Wells Fargo.

Q. Just Wells Fargo, not Wells Fargo NA?

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A. Wells Fargo NA, no.

Q. Wells Fargo Asset Securities

Corporation, is that your client?

A. No.

Q. Do you know the answer to my question

to anymore specificity other than the two words

"Wells Fargo"?

A. I know who my client is.

Q. Okay. And your client, according to

your testimony, is simply Wells Fargo and no other

further identification?

A. None that you've asked me specifically

about.

Q. Well, who is your specific client fully

designated, Wells Fargo what?

A. Wells Fargo, the mortgage servicing

entity that referred us the foreclosure.

Q. What is the formal name of that entity?

A. I don't recall specifically.

Q. Would that formal name of the entity be

the entity identified in the caption of the

complaint?

A. No.

Q. What is the relationship between your

client, Wells Fargo, and Wells Fargo Asset Securities

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Corporation, which is the identity of the plaintiff

in the complaint?

MR. NICHOLAS: Objection to form.

MR. DENBEAUX: What's the objection?

MR. NICHOLAS: The complaint speaks for

itself. I don't think you're accurately representing

who the plaintiff in the complaint is.

MR. DENBEAUX: Okay.

Q. What is the relationship between your

client Wells Fargo and Wells Fargo Asset Securities

Corporation, Mortgage Asset-Backed, Pass-Through

Certificates Series 2007-PA6, which is the plaintiff

identified in the complaint?

A. I don't recall if they are exactly the

plaintiff. I agree you're saying they're the

plaintiff.

Q. All right. I accept that.

I'm going to show you what's been

marked as D-1. Give it to your counsel for review.

It is a letter dated April 5, 2010, signed by Leonard

B. Zucker and addressed to my client, Hilde Lezaron,

enclosing the complaint (indicating).

I have a second copy for your client.

MR. NICHOLAS: Just one second, the

copies you gave us are different in terms of the

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front page is different.

MR. DENBEAUX: Send me back the one

that's hand marked, please.

MR. NICHOLAS: (Complies.)

MR. DENBEAUX: Thank you.

A. I've reviewed what purports to be D-1,

and it appears as if one of the attachments is a

complaint that is filed by our office, and the

plaintiff on the complaint for foreclosure is

designated as "HSBC Bank USA, National Association as

Trustee for Wells Fargo Asset Securities Corporation,

Mortgage Asset-Backed Pass-Through Certificates

Series 2007-PA6."

Q. Let me ask the question again, in a

better way.

What is the relationship between your

client Wells Fargo and the plaintiff referenced in

this complaint as you just recited in the record?

A. Our client is their servicing agent.

Q. So your client is the servicing agent

for the plaintiff, and you do not represent the

plaintiff in this case except through its servicing

agent. Is that correct?



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MR. NICHOLAS: I don't understand the

question.

BY MR. DENBEAUX:

Q. Does the witness?

A. No. Could you repeat it?

Q. Sure.

Your client is the servicing agent for

the plaintiff in this case, correct?

A. Yes.

Q. And except by virtue of representing

the servicing agent, you do not formally represent

plaintiff?

A. No -- can you repeat that question?

Q. The plaintiff, quite a long and

convoluted and I think it's clear on the record we

both agree is properly recited by you, I'm not going

to repeat it, referred to as "The Plaintiff," the

plaintiff in this case is not your client. Is this

correct?

A. No, that is not correct.

Q. Okay. The plaintiff in this case is

your client, excuse me.

Do you represent HSBC Bank USA in other

matters?

A. Yes.

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Q. So HSBC Bank USA is a client of this

firm in other matters?

A. That is correct.

Q. Is HSBC Bank USA, National Association

a client of this firm for the purpose of this Lezaron

litigation?

A. Yes.

Q. So you represent the servicing agent in

this case, Wells Fargo Asset Securities Corporation,

as well as HSBC Bank -- let me rephrase the question.

In this case, HSBC Bank USA vs.

Lezaron, do you represent HSBC Bank?

A. We represent HSBC Bank USA, National

Association as Trustee for Wells Fargo Asset

Servicing [sic] Corporation Mortgage Asset-Backed

Pass-Through Certificates Series 2007-PA6.

Q. Just to correct the record for a

moment, you said "Asset Servicing," you meant "Asset

Securities," correct?

A. Asset securities, yes, thank you.

Q. Do you have a written retainer

agreement with any entity with regard to your

representation of the plaintiff in this case?

MR. NICHOLAS: Objection. It's

privileged.

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MR. DENBEAUX: The existence of a

retainer agreement is privileged?

MR. NICHOLAS: Absolutely.

MR. DENBEAUX: The existence of a

retainer agreement is privileged?


MR. DENBEAUX: So if I asked for a copy

of the retainer agreement as a matter of discovery,

you would not send me a privilege log, you would

simply tell me no and that would be sufficient under

the discovery rules?

MR. NICHOLAS: You're welcome to put

any request that you want in writing. We will

respond to it in due course.

MR. DENBEAUX: But you're standing by

your position that the existence or not of a written

retainer agreement, not what words it contains, but

the existence of the written retainer agreement is

privileged?

MR. NICHOLAS: Correct.

MR. DENBEAUX: Other than simply saying

it's privileged, can you give me an authority or a

basis for that assertion?

MR. NICHOLAS: Put your request in

writing, I will be happy to respond to you.

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MR. DENBEAUX: If I have to put it in

writing as to this issue, it's not likely going to

you, it's going to the court and we're going to come

back for another deposition. I'm going to ask you to

re-think this, because whether or not a retainer

agreement exists establishing a lawyer/client

relationship is not a privileged issue.

MR. NICHOLAS: Stand by the objection.

MR. DENBEAUX: Without any further

explanation?


Q. Are you choosing to accept your

counsel's instruction to me that this is a privileged

issue and you are refusing to answer the question?

A. That is correct.

Q. Directing your attention to -- I think

the record is clear that we do not accept this

attorney/client privilege assertion. I want to make

that clear. We object to the assertion of the

attorney/client privilege on this matter.

MR. NICHOLAS: Well, if we're making a

record, I believe that you guys requested it in

discovery and that was objected to already, so just

for purposes of the record as well.

MR. DENBEAUX: Actually you're

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incorrect. In discovery we asked for a copy of the

retainer agreement. I didn't agree with you that it

was privileged at that point, but my question today

was not for a copy of the retainer agreement, it was

not for a copy of the terms of the retainer

agreement, it was not for a description of

compensation or anything else, it was whether or not

the written document existed, and we did not ask that

question in discovery. It's not the same question.

I'm not saying I agree to your objection before, but

it is ridiculous to tell me that it is a privilege

issue as to whether or not a written retainer

agreement exists.

Q. I'm directing your attention to exhibit

D-1, it is paragraph four of the complaint contained

therein.

Do you see the paragraph I'm speaking

of?

A. Yes.

Q. Specifically 4a, I'm going to read it

into the record.

"By assignment of mortgage dated

2/11/2010 from Mortgage Electronic Registration

Systems, Inc. as nominee for American Mortgage

Express Corp. to HSBC Bank USA, National Association

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as Trustee for Wells Fargo Asset Securities

Corporation Mortgage Asset-Backed Pass-Through

Certificates Series 2007-PA6, plaintiff herein, which

is unrecorded at this time."

Did I read that into the record

correctly?

A. I was unclear on the first sentence

whether you said from "mortgagee" or "mortgage." It

is correctly stated as "mortgage."

Q. This document, this complaint, is

signed by Leonard Zucker, your partner in this firm,

correct?

A. Lenny is not my partner.

Q. A member of this firm, Leonard Zucker,

signed this document, correct?

A. Len is a member of the firm, and he did

sign the document.

Q. And this document, this complaint,

which is a portion of the exhibit D-1, was filed with

the court and served upon my client, Hilde Lezaron,

correct?

MR. NICHOLAS: Objection. It is

outside the scope of the deposition.

MR. DENBEAUX: Why is asking whether

this complaint was -- I'm just authenticating the

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complaint to the witness' testimony. Are you really

telling me this is outside the deposition?


MR. DENBEAUX: Well, I don't think

there's much of a doubt that your firm filed this

thing, so I'll abandon that question, but I don't

accept your objection.

Q. Now, is there an assignment of mortgage

from MERS as nominee for American Mortgage Express

Corp. to HSBC Banks USA for this loan dated

February 11, 2010?

A. I believe so.

MR. DEUTSCH: Off the record.

(A discussion is held off the record.)

Q. We're awaiting one more document. I'll

get back to this exhibit in a minute.

I'm going to show the witness exhibit

D-5, and I have a copy (indicating).

Have you had an opportunity to review

D-5, sir?

A. I have.

Q. D-5 consists, as I see it, of two

documents, one is a Mortgage Electronic Registration

Systems, Inc. Corporation Resolution, which is page

one of the document, and the remaining three pages

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are an Agreement for Signing Authority between MERS

Corp.; Mortgage Electronic Registration Systems,

Inc.; Wells Fargo Home Mortgage a Division of Wells

Fargo Bank, NA; and Zucker, Goldberg & Ackerman.

Am I correct in my understanding of the

content of this exhibit?



MR. NICHOLAS: Don't understand the

question.

MR. DENBEAUX: You don't understand the

question?

MR. NICHOLAS: Correct. If the witness

understands, he's welcome to answer it.

A. I believe that that is what you believe

D-5 is.

Q. Could you tell that me what the first

page of D-5 is, in your understanding?

A. A corporate resolution from Mortgage

Electronic Registration Systems, Inc.

Q. And the corporate resolution mentions

the firm Zucker, Goldberg & Ackerman in the first

paragraph, right?

A. Yes.

Q. What in your understanding did this

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corporate resolution do for Zucker, Goldberg &

Ackerman?

A. It gave us authority to sign various

documents on behalf of Mortgage Electronic

Registration Systems, Inc.

Q. Is it your position that this corporate

resolution is a document relevant to this foreclosure

litigation?


A. I don't understand what you mean by

"relevant."

Q. This document, I will represent to

everybody and on the record, was provided to my firm

from your firm in response to certain discovery

demands made during the course of this litigation.

To be honest with you, I'm having a

difficult time understanding why your office produced

this page, because it seems not to be relevant to

this litigation, it doesn't seem to give anybody any

right to assign the Hilde Lezaron mortgage in any

capacity. So I guess my question to you is this: Is

it your position that this corporate resolution gave

Zucker, Goldberg & Ackerman the legal right to assign

or assign the lien of the mortgage loan in the Hilde

Lezaron foreclosure litigation?

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A. It is my interpretation of this

document that it gave certain individuals at Zucker,

Goldberg & Ackerman a number of rights, including but

not limited to the right to assign the lien of any

mortgage, loan registered on the MERS System that is

shown to be registered to Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA or its designee.

Q. There appear to me that there are four

different powers given to Zucker, Goldberg & Ackerman

by virtue of this corporate resolution. You've

identified I believe only the first.

Agreed?

A. I agree that's what you say.

Q. Other than what you've just described

how you interpret this document -- no, never mind.

Was the lien of the Lezaron mortgage

loan registered on the MERS System at any time, to

the best of your knowledge?

A. Yes.

Q. Was the lien of the Lezaron mortgage

loan registered on the MERS System as of the date

that your firm assigned the lien of the mortgage loan

to the plaintiff?


A. As of this specific date, I don't

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recall.

Q. Did you previously know whether or not

as of the date of the assignment of the mortgage to

plaintiff, this Lezaron mortgage loan was registered

on the MERS System?

A. I'm not sure I understand the question.

Q. You answered the previous question with

"I don't recall."

"I don't recall" suggests that you used

to know the answer to the question but have

forgotten. And the question now is: Did you ever

know whether or not -- let me rephrase that.

Did you ever have personal knowledge as

to whether the Lezaron mortgage loan lien was

registered on the MERS System as of the date of the

execution of the assignment of mortgage?


A. I'm not sure I understand your

question.

Q. What documents would we need to refresh

your recollection as to whether the lien of the

Lezaron mortgage loan was registered on the MERS

System as of the date that you executed the



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MR. DENBEAUX: Just out of curiosity

what's the form objection?

MR. NICHOLAS: You're asking him to

speculate.

MR. DENBEAUX: No, I'm not. He said he

didn't recall. What documents would we need to

refresh his recollection, if he didn't recall.

MR. NICHOLAS: If he knows.

MR. DENBEAUX: Okay.

MR. NICHOLAS: That's my objection.

Q. Yes, if you know, what documents would

be necessary to refresh your recollection?


question.

Q. What's your confusion with the

question?

A. I have no idea what you mean by

"document."

Q. You don't?

A. Absolutely not.

Q. Well, let's define "document" as any

writing.

A. I'm not sure if I understand what you

mean by "writing."

Q. Let's define "writing" as any word

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printed, typed, scrolled on paper or sent

electronically in any format. Do you still not

understand the question?

A. We're getting warmer, but I still do

not understand your definition of "writing."

Q. How do you define "writing?"

A. How do I define "writing?"

Q. Sure.

A. To me writing is a verb, it is the act

of putting something on a piece of paper using

letters.

Q. Using your definition of writing, is

there any document that you know of that we could

turn to to assist you, refresh your recollection as

to whether you knew whether the Lezaron mortgage loan

lien was registered on the MERS System as of the date

that you executed the assignment of mortgage?

A. My definition is inappropriate for that

question.

Q. Is there any piece of paper or any

electronic communication of any form which would

assist you, refresh your recollection, as to whether

you knew that the mortgage loan lien for the Lezaron

loan was registered on the MERS System as of the date

that you executed the assignment of mortgage?

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A. I don't understand that question.

Q. What's your confusion?

A. I have no idea what you mean by

"electronic communication."

Q. You don't?

A. Absolutely not. I got paper. I don't

understand "electronic communication."

MR. DENBEAUX: I need just a five

minute break. Excuse me.

(A short recess is held.)

MR. DENBEAUX: Back on the record.

Q. What is your position? You are an

employee of Zucker, Goldberg & Ackerman, correct, or

are we having a problem with the term "employee"?

A. "Employee" is a good term, I don't

necessarily know if it applies to me.

Q. Are you a partner in the firm?

A. No.

Q. What is your relationship to the law

firm Zucker, Goldberg & Ackerman LLC?

A. I am the managing member.

Q. Right, of course. It's an LLC.

Was the Lezaron lien on her mortgage

loan registered to Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA, at the time you

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executed the assignment of mortgage?

A. Yes.

Q. What documents do you know of that

evidence that the Lezaron lien was registered to

Wells Fargo Home Mortgage a Division of Wells Fargo

Bank, NA, at the time that you executed the


A. I don't understand your question.

Q. Because you have a problem with the

word "document" again?

A. That is correct.

Q. What information do you have that

evidences that the Lezaron lien of the Lezaron

mortgage loan was registered to Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA, on the

MERS System, as of the date of the assignment of

mortgage you executed?

A. I don't know what you mean by

"information."

Q. You don't know what I mean by

"information"?

A. I would like to know what you mean by

"information."

Q. We've had difficulty defining

"writing," "document," "information." They seem to

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me to be rather straightforward terms that would be

understood by any layman and particularly by any

lawyer. I do not understand your confusion.

Dealing with the word "information," do

you have any information from any source, whether in

writing, orally, if there's a distinction between the

two, electronic, in any fashion whatsoever to support

your answer or your belief that the Lezaron lien of

the Lezaron loan was registered on the MERS System to


Bank, NA, as of the date you executed the assignment

of mortgage?

A. Can you repeat that?

MR. DENBEAUX: Please read it back.

(The question is read back by the court

reporter.)

A. Yes.

Q. What is it? What is your information?

A. Reliance on business records of various

entities.

Q. Anything else?

A. I don't recall anything else at this

moment.

Q. What are the names of the various

entities on whose business records you relied to

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conclude that the Lezaron lien of the Lezaron loan

was registered on the MERS System to Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA on the

date that you executed the assignment of mortgage in

this case?

MR. NICHOLAS: I would object to the

extent that we're getting close to privileged

information.

MR. DENBEAUX: Well, I might even

accept that, if you start telling me who the clients

are in question here that you rely upon. So if

there's an attorney/client relationship, we'll talk

about it. If there's not an attorney client

relationship, there's no privilege.

MR. NICHOLAS: I stand by the objection

that I object to the extent that we're getting close

to attorney/client privilege.

MR. DENBEAUX: That's not an objection,

it's either privileged or it's not.

Q. Who are the entities -- let me ask you

a question. Can you identify these entities without

naming your clients in this case?


Q. Sure.

There is an objection that we might be

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getting close to attorney/client privileged

information. I'm not sure I ever heard that

objection before, but it is certainly the case that

there can be no privilege asserted unless there's an

attorney/client relationship. So I'm asking you:

Can you identify any of the various entities on whose

business records you relied without identifying

clients? In other words, are any of these business

entities non-clients?

You're still thinking?

A. I am thinking.

Zucker, Goldberg & Ackerman LLC is not

a client.

The other entities I believe are

clients.

Q. Who are the other entities upon whose

business records you relied as of the date you

executed the assignment of mortgage regarding whether

the Lezaron lien of the Lezaron loan was registered

on the MERS System to Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA?


MR. DENBEAUX: Let me rephrase the

question.

Q. Please identify the other entities

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you've relied upon, in addition to -- excuse me, let

me rephrase that again.

You relied upon business records of

various entities, one of those entities was Zucker,

Goldberg & Ackerman, LLC. If there are other

entities on whose business and records you relied,

please identify them.

A. Wells Fargo Home Loan and Mortgage

Electronic Registration Systems, Inc.

Q. Any other entities?

A. I don't recall at this time.

Q. Have the business records from Zucker,

Goldberg & Ackerman LLC; Wells Fargo Home Loan; and

MERS, which indicated to you as of the date of the

execution of the assignment of mortgage -- let me

rephrase that.

Has your client produced in discovery

the documents you relied upon from the three entities

we've described?

MR. NICHOLAS: Object to the form of

the question. He's being called to testify as to the

assignment of mortgage, not discovery in the case.

MR. DENBEAUX: Okay.

Q. So what are those documents you relied

upon from ZGA LLC?

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MR. NICHOLAS: Objection. Privilege.

MR. DENBEAUX: What's the privilege?

MR. NICHOLAS: To the extent that the

documents were obtained from the client.

Q. What documents did you rely upon from

Wells Fargo Home Loan?

MR. NICHOLAS: Same objection.

Q. What documents did you rely upon from

MERS?

You heard the question, right?

A. Can you refresh my recollection as to

how you are defining "document"?

Q. No, I'm not going to do that, it's a

self-defining term. I believe you're being

obfuscational. If you're not going to answer, just

say so.

A. I'd be happy to answer your question,

if you pose it in more precise terms so I can

understand exactly what you are asking.

Q. You relied on business records of

various entities, we identified the three entities as

ZGA LLC, Wells Fargo Home Loans, and MERS. What

business records from MERS did you rely upon?


A. Their website.

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Q. Do you recall what their website

indicated to you as of the date that you executed the

assignment of mortgage with regard to the Lezaron

loan?

A. Do I recall specifically?

Q. Specifically.

A. As of the date?

Q. Specifically.

A. I do not recall.

Q. Did you check the MERS website the day

that you executed the assignment of mortgage to

determine whether the Lezaron loan was registered to


Bank, NA?

A. Did I check their website?

Q. Yes.

A. No.

Q. Did someone else check the website for

you?

A. Yes.

Q. Who was that?

A. I do not recall.

Q. Would it be one of your paralegals?

Let me rephrase that. It was an

employee of ZGA LLC --

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A. Yes.

Q. -- who checked that website on your

instruction?

A. I'm not sure what you mean by my

"instruction."

Q. Forget whether it was on your

instruction or not. The person who checked the

website provided you some kind of information that

indicated to you that the MERS website showed that


Bank, NA, was the registered owner on the MERS system

of the Lezaron lien?


Q. Is that correct?


Q. I'll try again.

You indicated previously that the

business records you relied upon from MERS was their

website.

A. That is correct.

Q. I didn't say you checked it.

A. I agree.

Q. Someone from your firm, we don't know

who, but someone employed by Zucker Goldberg, you

believe, checked the MERS website and you relied upon

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that, whatever information they gave you?

A. I'm not sure what you mean by "you

believe."

Q. Somebody at ZGA LLC checked the MERS

website, correct?

A. Yes.

Q. They passed on information to you as a

result of that search that caused you to understand

that the MERS website reported that the Lezaron lien

and the Lezaron loan was registered to Wells Fargo

Home Mortgage a Division of Wells Fargo Bank, NA, as

of the date you executed the assignment of mortgage,

correct?


A. I want to make sure I specifically

answer the question you're asking, so could you

please repeat that?

Q. The information that you saw, that you

previously identified as MERS business records,

specifically what was that information?

A. That I saw?

Q. Uh-huh.

A. I don't believe I testified that I saw

--

Q. The business records from MERS that you

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relied upon, what were those business records that

you relied upon?


A. I don't recall if I said I relied upon,

but the business records that would have been relied

upon would have been on the MERS website.

Q. Which you didn't check personally?

A. I did not.

Q. You've testified that somebody else at

ZGA LLC checked the MERS website --

A. I believe I did.

Q. -- correct?

So what information would have come to

you, now that we've established that you didn't

personally check the MERS website, that somebody else

did here at ZGA LLC, so what information would have

come to you that lead you to believe that the MERS

website indicated that the Lezaron lien of the

Lezaron loan was properly registered?


MR. DENBEAUX: Are you objecting to

"properly registered? Please don't be.

MR. NICHOLAS: I am.

MR. DENBEAUX: Okay.

Q. Properly registered to Wells Fargo Home

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Mortgage a Division of Wells Fargo Bank, NA?

MR. NICHOLAS: I have the same

objection.

MR. DENBEAUX: Why?

MR. NICHOLAS: How do I know what

"properly registered" means?

MR. DENBEAUX: I'll willing to live

with that problem, if it is a problem. Please answer

the question.

A. How do you define "properly

registered"?

Q. What information came to you as a

result of an employee of ZGA LLC reviewing the MERS

website which would indicate to you that the Lezaron

lien of the Lezaron loan was registered on the MERS

System to Wells Fargo Home Mortgage a Division of

Wells Fargo Bank, NA?

A. What information?

Q. What information?

A. The information would be the result of

several business processes and records that we

routinely rely upon, which is manifested as the

assignor on an assignment of a mortgage.

Q. From the MERS website?

A. I stand by my answer.

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Q. Where did this information come from,

the MERS website or another source?

A. I believe I said "several business

processes and records."

Q. Are we still talking only about MERS or

is your answer incorporating MERS and Wells Fargo

Home Loan and ZGA LLC as the business records you're

relying upon?

A. There are a number of processes and

procedures that we rely upon.

Q. Identify them in any order you wish,

starting with whichever you like, I'll take notes.


A. We rely on the public land records.

Q. Okay.

A. We rely on the results of our own

internal processes and procedures.

Q. Okay.

A. And we rely on the business records of

MERS and Wells Fargo Home Mortgage.

Q. Do you recall what in the public land

records for the Lezaron lien of the Lezaron loan

showed the Lezaron lien to be registered on the MERS

System to Wells Fargo Home Mortgage a Division of


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A. I don't specifically recall.

Q. What were the business records of MERS

and Wells Fargo Home Mortgage that you reviewed or

relied upon, I can't think of any other verb that

would be appropriate, as of the date you executed the

assignment of mortgage to indicate to you that the

Lezaron lien of the Lezaron loan was registered on

the MERS System to Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA?

MR. NICHOLAS: Can you read that back,

please.


reporter.)

MR. NICHOLAS: I'm going to object to

form and also privilege to the extent that it goes

towards Coldwell's documents.

MR. DENBEAUX: I'm not withdrawing the

question or amending it.

MR. NICHOLAS: Okay, just so the record

is clear, then I'm directing the witness not to

answer any question as it relates to attorney/client

privileged documentation.

Q. I'm not accepting your counsel's

interpretation of the attorney/client privilege here,

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but are you accepting your counsel's advice not to

answer -- wait a second, we haven't defined what

would be privileged yet. You can't tell him not to

-- even if you're right, it's your definition of

privilege which exclude identifying document, the

existence of documents, which is not correct, you

can't instruct him not to answer -- let me do this.

Mr. Nicholas, are there any Wells Fargo

generated documents that you're going to allow your

client to testify about or are they all going to be

deemed privilege?

MR. NICHOLAS: I don't know the answer

to that.

MR. DENBEAUX: Okay.

MR. NICHOLAS: My sense is any document

that our client has sent to us is privileged.

MR. DENBEAUX: So your position is any

business record of Wells Fargo is privileged?

MR. NICHOLAS: No, that's not what I

said.

MR. DENBEAUX: Wait. So only documents

that Wells Fargo sent to you are privileged?

MR. NICHOLAS: No, any communications

from our client that relate to our job as an attorney

is privileged.

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MR. DENBEAUX: Okay.

Q. Are there any business records -- so

here's where we need to get into a privilege log,

which I think you're going to forbid me from seeing,

which I believe is inappropriate.

Mr. Ackerman, what are the types of

documents -- let me rephrase that. Can you identify

for me the types of documents that you relied upon

that you previously identified as business records of

Wells Fargo Home Mortgage, without disclosing the

terms and specifics of the language contained in

those documents?

Let me rephrase that.

Identify what Wells Fargo Home Mortgage

business records you relied upon in deciding to

execute the assignment of mortgage in this case.

MR. NICHOLAS: Object to the form.

MR. DENBEAUX: Not privilege? You

don't have a privilege objection to that?

MR. NICHOLAS: I can raise a privilege

objection, if you want me to.

Do you want to read the question back.

MR. DENBEAUX: I just want you to raise

whatever objection you think is appropriate.


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reporter.)

MR. NICHOLAS: My objection to the form

stands.

MR. DENBEAUX: What's the objection to

form?

MR. NICHOLAS: I don't think the

question is very specific at all. It's not the

testimony of the witness.

Q. Can you answer the question, please?

A. I did not rely on any Wells Fargo

business records.

Q. You did testify about five minutes ago

you relied upon three pieces of information, sources

of information, the public land records, results of

internal processes and procedures, business records

of MERS and Wells Fargo Home Mortgage?

A. I don't believe that was my exact

testimony.

Q. What was your exact testimony?

A. It's on the record.

I'm not going to answer a question that

is imprecisely defined or something that has been

changed for your convenience.

Q. I can assure you, if I'm changing

something for my convenience, it is not nefarious.

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It may be an error on my part, may be a confusion on

my part; there's no trickery involved. What I sense

is I'm having difficulty -- I'm not going to say it.

What I want to know is --

A. But if you're putting that on the

record, I don't share that point of view.

Q. Okay.

A. And the fact is, is that whether

there's something nefarious or not will probably be

proven at a later date in another forum. But if you

want to ask me a question, please precisely frame it.

And if you're going to refer to something that I

testified to previously, then please correctly quote

it.

Q. You're not properly following the

standard rules and actions in a deposition. It

is impossible --

A. Forgive me, but you did not set any

ground rules, nor did you set "standard rules."

Q. You're right. I did not define

"writing," I did not define "document," I did not

define every term that we might come up with during

this testimony but okay. I generally --

A. Nor did you define standard rules.

Q. Good point. Okay.

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I want to know what business records of

MERS and Wells Fargo Home Mortgage you relied upon in

deciding that you had the authority to execute an

assignment of mortgage in this case?


A. I don't believe that was my prior

testimony.

Q. I didn't ask you what your prior

testimony was, I asked you a question.

What business records of MERS and/or

Wells Fargo Home Mortgage you relied upon in deciding

that you had the authority to execute the assignment

of mortgage in this foreclosure case?

A. I did not rely on anything from Wells

Fargo and MERS.

Q. What business records of Wells Fargo

Home Mortgage did you rely upon in deciding that you

had the authority to execute the assignment of

mortgage in this case?

MR. NICHOLAS: Object to the form and

also object to the extent that it asks for privileged

information.

MR. DENBEAUX: We'll try to determine

whether there's anything privileged in a minute.


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Fargo.

Q. My question was as to Wells Fargo Home

Mortgage, and it may be there's no distinction in

your answer between the two, but I just want to make

sure. My question related to Wells Fargo Home

Mortgage and your answer related to Wells Fargo, is

that just imprecision or is there a meaningful

difference between the two?


Fargo Home Mortgage.

Q. What business records did you rely on

from MERS in deciding you had the authority to

execute the assignment of mortgage?


A. I did not rely on anything from MERS.

Q. You relied on no MERS business records

to determine that you had the right to execute the

assignment of mortgage in this case?


A. I did not rely on anything from MERS.

Q. So you relied on no MERS business

records in making your decision to execute the

assignment of mortgage. Is that your testimony?

MR. NICHOLAS: Sorry, can you read that

back.

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MR. DENBEAUX: I'll just say it again.

Q. So you didn't rely on any business

records of MERS to decide that you had the authority

to execute the assignment of mortgage in this case.

Is that your testimony?

A. Did I rely on? I did not.

Q. Did you execute an assignment of

mortgage in this case?

A. I believe I did.

Q. At the time that you executed this

assignment of mortgage, did you believe that you had

the right to assign the mortgage as indicated in the



A. Could you repeat that?

MR. DENBEAUX: Would you mark this as

D-6, please.

(One page Assignment of Mortgage, dated

2/11/2010, is marked as exhibit D-6 for

identification.)

Q. I give you D-6 (indicating).

Before we talk about D-6, I want to go

back to D-5, page one. The caption of this or the

title of this or the large bold capitalized print in

the middle of the upper page is "Mortgage Electronic

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Registration Systems, Inc.," below it is "Corporate

Resolution."

Are we looking at the same document?

A. If you're referring to D-5, I believe

so.

Q. Okay. It says, "Be it Resolved that

the attached list of candidates are employee(s) of

Zucker, Goldberg & Ackerman and are hereby appointed

as assistant secretaries and vice presidents of

Mortgage Electronic Registration Systems, Inc., and

as such, are authorized to:"

Have I read that properly?

A. I believe so.

Q. Now, this first page does not identify

the attached list of candidates, correct?

A. The first page?

Q. Yes.

A. That is correct.

Q. The first page indicates that the list

of candidates, which should be attached to this

document, are authorized to do certain functions on

behalf of MERS, correct?

A. I'm not sure what you mean by

"functions."

Q. They're authorized to take certain

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actions in the name of MERS on behalf of MERS,

correct?

A. I believe the document states that

certain candidates are employed by Zucker, Goldberg &

Ackerman, and are appointed as assistant secretaries

and vice presidents of Mortgage Electronic

Registration Systems, Inc., and, as such, are

authorized to, and it enumerates the powers that were

granted to the employees of Zucker, Goldberg &

Ackerman.

Q. Start with the first power to be

enumerated, the full description is: "Assign the

lien of any mortgage loan registered on the MERS

System that is shown to be registered to Wells Fargo

Home Mortgage a Division of Wells Fargo Bank, NA or

its designee."

What does that power mean -- excuse me,

what does that language authorize the candidate to do

on behalf of MERS?

A. It authorizes the candidate to "assign

the lien of any mortgage loan registered on the MERS



its designee."

Q. Does this enumerated power authorize

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the candidate to assign the lien of any mortgage loan

that is not registered on the MERS System to Wells

Fargo Home Mortgage a Division of Wells Fargo Bank,

NA or its designee?


A. I believe that this corporate

resolution authorizes a candidate who is employed by

Zucker, Goldberg & Ackerman to assign the lien of any

mortgage loan registered on the MERS System that is

shown to be registered to Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA or its designee.

Q. The second enumerated power or

authorization or authority is: "Release the lien of

any mortgage loan registered on the MERS System that

is shown to be registered to Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA or its

designee."

What does that language authorize the

candidate to do?

A. The candidate, if an employee of

Zucker, Goldberg & Ackerman, is authorized to release

the lien of any mortgage loan registered on the MERS



its designee.

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Q. The third authority states in part:

"Execute any and all documents necessary to foreclose

upon the property securing any mortgage loan

registered on the MERS System that is shown to be

registered to the Member." Do you see that language?

A. I do.

Q. What is the "Member," what does that

word mean?

A. The member, I interpret as meaning


Bank, NA.

Q. Okay. Thank you.

And the fourth and I believe final

enumerated authority is: "Take any and all actions

and execute all documents necessary to protect the

interest of the Member, the beneficial owner of such

mortgage loan, or MERS in any bankruptcy proceeding,"

and then it continues.

My question is: Is this fourth

enumerated power limited to the bankruptcy context?

A. This fourth enumerated power of a

candidate who may be employed by Zucker, Goldberg &

Ackerman is limited to taking "any and all actions

and execute all documents necessary to protect the

interests of the member, the beneficial owner of such

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loan, or MERS in any bankruptcy proceeding regarding

a loan registered on the MERS System," and then it

goes on from there.

Q. It does go on from there.

As I read the fourth enumerated

authority, all of the specific rights or authorities

given to the candidate seem to be exclusive to

bankruptcy procedures.

My question to you is, when you read

this or when you read this, do you understand that

this fourth authority gives authorities to act on

behalf of the member or, excuse me, to act on behalf

of MERS in the bankruptcy context or in the

bankruptcy context and other forums?


Q. Let me ask you this. Is the fourth

enumerated power limited to bankruptcy proceedings?

A. As you define this fourth enumerated

paragraph, it grants to a candidate who is an

employee of Zucker, Goldberg & Ackerman the authority

to "Take any and all actions and execute all

documents necessary to protect the interest of the

Member, the beneficial owner of such mortgage loan,

or MERS in any bankruptcy proceeding regarding a loan


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registered to the Member, including but not limited

to (a) executing Proofs of Claim and Affidavits of

Movant under 11" --

Q. I'm going to interrupt your answer,

because if you're just going to read D-5's enumerated

fourth paragraph into the record, I'd rather you

didn't. I have no doubt you're going to read it

accurately and D-5 will be attached to the deposition

transcript, there doesn't seem to be a need for it.

But if your answer is limited to merely reading into

the record, please, let's move on.

The next page to D-5 is captioned

"Agreement for Signing Authority," at least that's

sort of the title of the document.

The next page has four signatures, one

on behalf of Zucker Goldberg, one on behalf of MERS,

one on behalf of MERSCORP., one on behalf of the

member, Wells Fargo Home Mortgage a Division of Wells

Fargo Bank, NA. Do you see that?

A. I do.

Q. I think I properly described that,

right?

A. I believe so.

Q. And the last page, the fourth page of

the document, I don't understand this page, could you

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explain what this page means?

A. The page specifically says "Zucker

Goldberg & Ackerman, LLC (for Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA," and it

gives a number of 1000113.

It further goes on to say "Mortgage

Electronic Registration Systems, Inc., Certifying

Officers (effective January 5, 2010), Michael S.

Ackerman, Joel Ackerman, Denise Carlon, Annie Cha,

and Brian Nicholas."

Q. Okay, I can read it as well, but thank

you for putting that into the record.

Are the Mortgage Electronic

Registration Systems, Inc, Certifying Officers

(effective January 5, 2010), the candidates

referenced on the first page of this document?

A. They could be.

Q. You don't know?

A. It could be.

Q. But you don't know?

A. They could be, that's my answer.

Q. Are you aware that your office produced

this document to my office?

A. I'm not aware of that.

Q. Have you ever seen this corporate

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resolution, before I showed it to you today?

A. Yes.

Q. When did you last see it?

A. Don't recall the specific date.

Q. The second and third pages appear to be

a two page "Agreement for Signing Authority," and it

appears that you signed it on behalf of Zucker

Goldberg & Ackerman as a managing partner on

March 16, 2006.

A. That's what the document reflects.

Q. Do you recall signing this document?

A. Do I recall?

Q. Signing this document?

A. I don't specifically recall signing the

document.

Q. Does this appear to be your signature?

A. That is my signature.

Q. You don't recall signing the document,

I understand that. Do you have any doubt that this

is your signature and that you did in fact sign this

document?

A. I have no doubt that is my signature.

Q. Do you have any doubt that you signed

this document?

A. If this is the entire document to which

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my signature was affixed on March 16, 2006, then I

have no problem, I have no doubt about that.

Q. Okay. I'm going to put on the record

that we received these four pages which constitutes

D-5 from Zucker, Goldberg & Ackerman LLC in this

litigation.

Now, is it your understanding that the

first page, the corporate resolution of MERS, is

associated with or supposed to be connected with this

second and third pages Agreement for Signing

Authority? In other words, are pages 1, 2, 3 and 4

all part of a single document?

A. Don't know what you mean by "document."

Q. Okay.

By the way, my "okay" doesn't mean I

accept his inability to understand the word

"document," I don't.

Do you know who William Hultman is?

A. I don't recall.

Q. Looking at page two of D-5, Agreement

for Signing Authority, the start of the document is:

"MERSCORP, INC. and its subsidiary, Mortgage

Electronic Registration Systems, Inc., Wells Fargo

Home Mortgage a Division of Wells Fargo Bank, NA and

Zucker, Goldberg & Ackerman, hereby agrees as

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follows:"

Except for not reciting the three terms

in quotes and parentheses, have I properly read the

beginning of this document into the record?

A. I believe so.

Q. First paragraph reads: "The purpose of

this agreement for signing authority is to define the

rights and obligations of the parties when Vendor

performs certain duties, as described in the attached

corporate resolution relating to mortgage loans that

are registered on the MERS System and shown on the

MERS System to be serviced by Member."

The vendor in this paragraph, if I

understand the document correctly, the vendor is your

firm, Zucker, Goldberg & Ackerman, LLC, right?

A. I agree that that's what you have

indicated.

Q. Who's the vendor?

A. In this document?

Q. In this document.

A. Zucker, Goldberg & Ackerman.

Q. And the member is Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA, correct?

A. I believe so.

Q. And it references the attached

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corporate resolution. Do you see that?

A. Yes.

Q. Is page one of D-5, is that the

corporate resolution referenced in paragraph one of

the agreement for signing authority?

A. I believe so.

Q. Now, the last section of paragraph one

says "relating to mortgage loans that are registered

on the MERS System and shown on the MERS System to be

serviced by Member."

Do you see that phrase I'm referencing?

A. I do.

Q. As you read this -- actually as you

signed this document, this agreement for signing

authority, what did you understand that phrase to

mean?

A. As I signed this?

Q. Yes.

A. I don't recall.

Q. What do you understand that phrase to

mean today?

A. I understand --

Q. You --

A. I'm sorry, go ahead.

Q. I'd like to rephrase the question to be

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a little more specific.

It says "relating to mortgage loans

that are registered on the MERS System and shown on

the MERS System to be serviced by Member."

Did you read that to be conjunctive,

meaning that this resolution related only to mortgage

loans registered on the MERS System that are also

serviced by the member or disjunctive in that this

resolution related to mortgage loans registered on

the system and also to mortgage loans registered on

the MERS System that is serviced by the member but

not necessarily otherwise registered on the MERS

System?


Q. And if there's a third way to interpret

that or a 15th way to interpret that, please feel

free to.

A. I interpret it as relating to mortgage

loans that are registered on the MERS System and

shown on the MERS System to be serviced by the

member.

Q. So you're not going to be able to help

me out there on figuring this out?

A. I think the delegation of authority is

specific as set forth in paragraph one of the

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agreement for signing authority.

Q. So am I correct in understanding then

that this agreement for signing authority limited the

candidate's signing authority -- let me rephrase

that.

So am I correct in understanding that

this agreement for signing authority limited the

vendor's signing authority to relate to mortgage

loans that are both registered on the MERS System and

serviced by the member?


question.

Q. I withdraw my question.

Paragraph two --

A. Before you get to paragraph two,

possible to take a short break?

Q. Of course.


Q. Paragraph two says, "Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA is a

member of MERS, and has signed an agreement of

membership that is incorporated herein by reference."

Do you see that first sentence in the

second paragraph?

A. I do.

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Q. Member, which is Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, right,

that's member?

A. I agree.

Q. Member has entered into a separate

contract with the vendor, which is Zucker, Goldberg &

Ackerman, correct?

A. In this document, yes.

Q. Right. We're only talking about this

document, we're not talking a global definition of

member.

In this document, the vendor is Wells

Fargo Home Mortgage a Division of Wells Fargo Bank,

NA, and vendor is Zucker, Goldberg & Ackerman,

correct?

A. Yes.

Q. So going back to this, "Member has

entered into a separate contract with Vendor to

perform certain services for Member."

Did I read that properly?

A. Yes.

Q. And if I insert the definitions of the

terms, it would read: "Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA has entered into a

separate contract with Zucker, Goldberg & Ackerman to

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perform certain services for Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA," right?

A. Yes.

Q. Is that contract the retainer agreement

that entitled you to represent the plaintiff in this

litigation?

A. I have no idea.

MR. NICHOLAS: Objection.

Q. You don't know?

A. (Witness shakes head.)

Q. I honestly couldn't hear the answer.

A. I have no idea.

Q. That contract reference in paragraph

two is not included in D-5, correct?

A. I'm confused, I thought all of this was

D-5.

Q. D-5 is four pages.

Is the contract referenced in paragraph

two between member and vendor included in these four

pages of D-5?

A. I don't know.

Q. You don't know?

A. Don't know.

Q. Let's go back to page one. Is this

corporate resolution from MERS the contract

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referenced in paragraph two of page two?

A. Don't know.

Q. You don't know if the MERSCORP.

corporate resolution is or is not a contract between

your law firm and Wells Fargo, you don't know the

answer to that question?

A. Do I know if that is the contract that

is referred to in paragraph two of agreement for

signing authority? No, I don't know.

MR. DENBEAUX: Well, we obviously want

to see a copy of that contract. Is it your

contention that that document is privileged?

MR. NICHOLAS: We have to figure out

what the contract is first, and then we'll have to

make that determination. Put that request in

writing, we will take it under advisement.

MR. DENBEAUX: We established that the

simple existence of documents between your client and

your firm is not privileged, because you didn't

assert the privilege over the revelation that there

is a contract.

MR. NICHOLAS: Yes, the document speaks

for itself, meaning it references a separate

contract. To the extent that one exists or not, I

don't know, the witness testified that he wasn't sure

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what it was referring to, so as I sit here right now,

I don't have an answer.

MR. DENBEAUX: Okay.

Q. Paragraph four, second sentence, "All

parties agree that MERS and Mortgage Electronic

Registration Systems, Inc. are not responsible for

the accuracy of any information provided by Member to

Vendor, or any information entered into the MERS

System by or on behalf of Member."

There's no question.

Paragraph seven says, "Upon termination

of the contract between Member and Vendor, this

agreement shall concurrently terminate and the

corporate resolution shall be revoked at such time."

Do you see that paragraph?

A. I do.

Q. Is the contract between Zucker,

Goldberg & Ackerman and Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA still active?


A. As of this date?

Q. Yes.

A. I don't recall.

Q. Do you know whether it was active as of

the date you executed the assignment of mortgage?

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A. I believe so.

Q. Who is the signatory of MERSCORP. INC.

on the document, if you recall?

It says vice president, but it doesn't

give a name and there's no way I'm reading that

signature.

A. Neither am I.

Q. Okay. And the same question for

Mortgage Electronic Registration Systems, Inc.,

except this time they're identified as secretary

treasurer.

A. Don't know.

Q. And you are Michael S. Ackerman, right?

I know there's more than one Ackerman here, I just

want to make sure.

A. I am Michael S. Ackerman.

Q. Do you know of any other Mortgage

Electronic Registration Systems, Inc. corporate

resolutions?


MR. DENBEAUX: It wasn't a question

yet. Actually I understand your objection, I

withdraw the question.

Q. Is it your position that the corporate

resolution and agreement for signing authority in D-5

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gave you the authority to execute the assignment of

mortgage that is D-6?

A. As of the date I executed the

assignment of mortgage, yes.

Q. What language in D-5 do you believe

entitled you to execute the assignment of mortgage

that is D-6?

A. In D-5?

Q. Any of the four pages, not just the

first page.

A. The corporate resolution, the provision

that says "Assign the lien of any mortgage loan


registered to Wells Fargo Home Mortgage a Division of

Wells Fargo Bank, NA or its designee."

Q. Okay. D-6, it indicates -- you have

that in front of you -- states "Assignment of

Mortgage, "That Mortgage Electronic Registration

Systems, Inc. as nominee for American Mortgage

Express Corp."

It continues and it goes on, and it

describes the purported assignment. But I want to

concentrate only on that first section, if I'm able

to. If you need to reference later in the document

to explain an answer, then we'll go to the full

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document. Okay?

A. Okay.

Q. All right. This says MERS as nominee

for American Mortgage Express Corp.

What portion of D-5 entitles or

entitled you to execute an assignment of mortgage on

behalf of American Mortgage Express Corp.?


A. "Or its designee."

Q. Okay. All right. So is it your

testimony -- by the way, what was the objection to

form? He's already answered, but I'm just curious.

MR. NICHOLAS: It's not what the

document says.

MR. DENBEAUX: We're looking at the two

documents, be more specific in your objection to

form.

MR. NICHOLAS: The question is answered

at this point, so we can move on.

Q. On D-5, the three words "or its

designee," does that phrase reference Wells Fargo

Home Mortgage a Division of Wells Fargo Bank or some

other entity?

Let me rephrase that.

"Or its designee," does that mean a

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designee of Wells Fargo Home Mortgage a Division of


A. I believe it does.

Q. Why do you believe that American

Mortgage Express Corp. was, as of the date you

executed this assignment of mortgage, a designee of


Bank, NA?

MR. NICHOLAS: Objection to form,

that's not what the testimony was.

A. Can you repeat that question?

Q. Okay, I'm going to try again.

As of the date you executed this

assignment of mortgage on D-6, did you understand

that American Mortgage Express Corp. was a designee

of Wells Fargo Home Mortgage a Division of Wells

Fargo Bank, NA?


Q. As of the day you executed this

assignment of mortgage, did you believe that you had

the authority to execute this assignment of mortgage

assigning the mortgage out of -- can you read my

question back, please.


reporter.)

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MR. DENBEAUX: I withdraw the question,

I will try again.

Q. As of the date you executed the

assignment of mortgage that is D-6, was Mortgage

Electronic Registration Systems, Inc. a nominee for

American Mortgage Express Corp.?

A. I don't recall.

Q. What steps did you take, if you took

any, to determine whether Mortgage Electronic

Registration Systems, Inc. was a nominee for American

Mortgage Express Corp., before you executed this


A. Our usual and customary steps at the

time.

Q. Which were what?

A. I don't recall specifically what steps

were in place as of February 11, 2010.

Q. But whatever they were, you followed

them, is your testimony?

A. Absolutely.

Q. How would we refresh your recollection

as to what those steps were, excuse me, what those

processes and procedures were to determine whether

MERS was a nominee for American Mortgage Express

Corp. as of the moment you signed the assignment of

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the mortgage?

A. Don't know.

Q. Are there any written policies or

procedures that your firm has in place to make sure

that paralegals or support staff or attorneys do the

proper background checking or the proper research to

make sure that the assignments like these are

accurate?

A. There are policies and procedures.

Q. Do you still have copies of those

policies and procedures that would be in existence as

of the date of the execution of the assignment of

mortgage?

A. I don't know.

Q. Who would know whether there are still

copies of those documents?

A. I don't know.

Q. As of the date of the execution of this

document, was American Mortgage Express Corp. a

designee of Wells Fargo Home Mortgage a Division of




MR. NICHOLAS: The question is just

confusing.

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MR. DENBEAUX: It's not confusing, it

is perfectly clear.

A. I believe so.

Q. Are there any documents which might

determine whether in fact American Mortgage Express

Corp. was a designee of Wells Fargo Home Mortgage a

Division of Wells Fargo Bank, NA as of the date you


A. I don't recall.

Q. So why do you believe that American

Mortgage Express Corp. was a designee of Wells Fargo

Home Mortgage a Division of Wells Fargo Bank, NA as

of the date you executed the assignment of mortgage?

A. Because I know our policies and

procedures work.

Q. So again can you explain to me what

those policies and procedures were that worked --

wait, hold on a second, had the policies and

procedures changed from the day you executed the

assignment of mortgage in this case until today?

A. Have they changed?

Q. Yes.

A. Yes.

Q. Do you remember what they were as of

February 11, 2010?

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A. Specifically, no.

Q. Do you know what they are today

specifically?

MR. NICHOLAS: I'm going to object,

it's privileged, it's work product.

MR. DENBEAUX: It's not privileged.

MR. NICHOLAS: Internal policies and

procedures aren't privileged?

MR. DENBEAUX: They're not privileged.

They're not attorney/client communication. They may

be protected by the work product doctrine, they're

not privileged, but I didn't ask what they were.

MR. NICHOLAS: That's exactly what you

asked.

MR. DENBEAUX: No, I did not, I said do

you know what they are today specifically. It's a

yes or no question, it does not disclose anything

work product at all. Are you instructing your client

not to answer?

MR. NICHOLAS: If he knows the answer,

he's welcome to answer a yes or no question. I'm not

going to allow him to answer specifics of policies

and procedures.

MR. DENBEAUX: I didn't ask him.

MR. NICHOLAS: If it's a yes or no

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question, I'm fine with that.

MR. DENBEAUX: I didn't ask him what

they were yet.

Q. My question is: Do you know

specifically what the policies and procedures are

today?

A. Specifically?

Q. Yes.

A. No.

Q. But you know they work?

A. Yes.

Q. How do you know that your office staff

followed your procedures and policies, whatever they

may have been, as of 11 February 2010?

A. Because we check.

Q. Did you check before you signed the


A. Did we check our policies and

procedures?

Q. Did you check whether you always

complied with the policies and procedures?

A. Yes.

Q. How did you do that?

A. Through a number of different means.

Q. What were they?

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A. We have specific quality control over

this area. We have an internal audit department that

validates that all people are following religiously

our policies and procedures.

Q. You did no independent research on your

own, prior to you executing this assignment of

mortgage, beyond relying upon information passed to

you by your employees to determine, before you signed

this assignment of mortgage, that American Mortgage

Express Corp. was a designee of Wells Fargo Home

Mortgage a Division of Wells Fargo Bank, NA. Is that

correct?


A. No, that is not correct.

Q. Other than accepting that your staff

followed the policies and procedures and presumably

told you that it was okay to sign this -- excuse me,

let me rephrase that. He already answered to that.

So if the policies work, why did the

policies and procedures change between the date of

execution of the assignment and today?

A. For various reasons.

Q. But they always worked 100 percent

perfectly before and after the changes. Is that your

testimony?

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MR. NICHOLAS: Objection to form. I

don't believe that was ever his testimony.

MR. DENBEAUX: Okay. You're right.

Q. You didn't say that, you said the

policies worked, you didn't say they worked all the

time. So you're right, I accept the objection. So

my question is: When you testified that it's your, I

guess it's opinion, or your testimony that the

policies work, did you mean that the policies worked

every single time without exception?

A. That I am aware of, yes.

Q. So in this case have you done any

independent research at any time after you executed

this assignment of mortgage on February 11, 2010, to

determine whether the policies and procedures worked

in this case?

A. In this case?

Q. Yes.

A. I don't recall.

Q. Other than for information provided to

you by your staff, which your counsel has designated

as attorney work product, is there any information

you can direct me to that indicates that as of the

date you executed this assignment of mortgage,

American Mortgage Express Corp. was a designee of

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Bank, NA?


Could you repeat it?

MR. DENBEAUX: Read it back, please.


reporter.)


the form. I don't think he ever said that Wells

Fargo or that American Home was ever a designee of

Wells Fargo.

MR. DENBEAUX: You're correct, he

hasn't said that. My question stands.

A. You can repeat the question again.


reporter.)

A. Nothing that I haven't previously

indicated.

Q. What is the other information, whether

you previously indicated it or not, referenced in

your answer?

A. Our policies and procedures.

Q. Other than the policies and procedures,

is there any other information?

A. None that I recall at this time.

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Q. Have you ever signed on behalf of your

company an agreement for signing authority with

American Mortgage Express Corporation?

A. I don't recall.

Q. Do you have a MERS corporate resolution

authorizing a list of candidates who are employees of

Zucker, Goldberg & Ackerman to be appointed as

assistant secretaries and vice presidents of MERS to

assign the lien of any mortgage loan registered on

the MERS System that is shown to be registered to

American Mortgage Express Corp. or its designee?

A. I don't recall.

Q. Going back to D-6, please.

I don't want to read the entire

document into the record, but in the third paragraph,

the one directly under the bold letters "HSBC Bank

USA, National Association," and continuing, okay, the

paragraph starting at "located at 961 Weigel Drive,"

do you see that paragraph I'm speaking of?

A. I do.

Q. It references a certain mortgage made

by Hilde B. Lezaron, a single woman, on lands, and

I'm not going to read the dollar amount or the

particular descriptions of the real property, but the

paragraph here references a mortgage and it does not

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reference a note, correct?

A. Paragraph says "which mortgage was

recorded or registered in the office of the Clerk of

Bergen County."

Q. Right, there's a note referenced

elsewhere in the document, but that paragraph is

limited to the mortgage, not the note, correct?

A. That is correct.

Q. And the second paragraph or, excuse me,

paragraph below that starts with "Together with the

Bond, Note or other Obligation therein described, and

the money due and to grow due thereon, with the

interest." You see that paragraph?

A. I do.

Q. This paragraph references the note, in

addition to the mortgage, in a number of places. I'm

reading that correctly, right?

A. You --

Q. Actually I'm not reading it correctly,

because this paragraph does not reference the

mortgage, I don't think.

A. There is a reference to the mortgage.

Q. You're right, okay.

Did your client ever come into

possession of the note?

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A. Yes.

Q. When?

A. I do not recall.

Q. How do you know your client came into

possession of the note?

A. A number of different ways.

Q. Please enumerate them.

A. Well, we asked them for the note, they

produced it, that is one.

Q. Okay.


any further explanation on this question to the

extent that it goes to attorney/client

communications.

MR. DENBEAUX: Okay.

Q. Your answer, even before your attorney

objected to it, didn't identify when your client came

into possession of the note. My question is, when

did your client come into possession of the note?

A. Don't recall.

Q. I'm going to show you D-3 and D-4,

please. I'll give you the stamped copies

(indicating).

I'll give you a moment to review the

document, if you'd like, but before you review them,

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just understand that my client concedes executing

this note, and so I'm not sure the terms of the note

are going to be relevant to any of my questions. I'm

not forbidding you from reviewing the document, just

so you know where I'm going with this.

MR. NICHOLAS: Just for purposes of

timing, how much longer do you think you have?

MR. DENBEAUX: To be honest, it depends

on how many definitional problems I have.

MR. NICHOLAS: At 3:00 we have to end

it for a conference.

MR. DENBEAUX: For how long?

MR. NICHOLAS: For how long, I don't

know, so I need a couple of minutes to --

MR. DENBEAUX: Stop at 2:45, hopefully

for good and possibly not.

MR. NICHOLAS: I just want to give you

a heads-up.

MR. DENBEAUX: I appreciate it.


MR. DENBEAUX: We're back on.

Q. Giving you exhibits D-3 and D-4, which

are both copies of the note in this litigation, and I

don't recall which, I guess it was both produced by

your office, though I'm not positive about that.

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Okay, I'm positive they were produced

by your office.

D-4 has, if you look at the final page

of the note, I'm going to represent, unless I'm

totally wrong here and I'm not, I'm going to

represent that these are the same note, the same

address, and that my client signed both of them.

Things we've already conceded in the litigation.

But D-4 has one endorsement, and D-3 I

think has two.

Before I go further, I want to make

sure we're in agreement on my description of D-3 and

D-4 being identical but for the difference in the

endorsements.

A. That is correct, D-3 apparently has two

endorsements and D-4 has one.

Q. Let's start with D-4. Do you know when

this endorsement was placed on this note?

A. I do not.

Q. The endorsement says "Pay to the order

without recourse to Wells Fargo Bank," and it's

signed by Vickie Sanchez, assistant vice president

for American Service Corp., correct?

A. No.

Q. No, okay. Then I must have misread

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this. Can you explain this endorsement to me then?

A. It says, "Pay to the order of without

recourse to Wells Fargo Bank, NA, American Mortgage

Express Corp.," signed by Vickie Sanchez, assistant

vice president.

Q. Let's do it this way. Who is the

endorsing entity for the single endorsement on D-4?


this whole line of questioning. This is outside the

scope of why this witness is being called.

MR. DENBEAUX: Here's the point, and

you can determine, after I explain this to you,

whether you are going to maintain the objection or

we're going to get into a giant fight over it. All

right, here it is.

We have on February 11, 2010, an

assignment of mortgage by MERS as nominee for

American Mortgage Express Corp., and we have two

notes, one note is endorsed by American Mortgage

Express Corp. to Wells Fargo Bank, NA, and the next

is endorsed twice, once by American Mortgage Express

Corp. to Wells Fargo Bank, NA, and then, as I read

it, a second time by Wells Fargo Bank, NA as a bearer

instrument, it's blank.

I want to know the dates of these

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endorsements, if the witness knows them, and I want

to know why, if the dates don't work for the

assignment of mortgage, why the assignment of

mortgage is executed by MERS as nominee for American

Mortgage Express Corp. So I'm going back to my

questions.

MR. NICHOLAS: I keep my same

objection, that that's not what this witness has been

called for, that that's outside the dep notice and

it's not appropriate. You guys just had the

deposition of the Wells Fargo employee, these were

questions you could have asked him at that point.

MR. DENBEAUX: I can't ask a Wells

Fargo employee about an assignment of mortgage

executed by the current witness.

MR. NICHOLAS: You're not asking about

the assignment of mortgage, you're asking questions

about the endorsements on the note.

Q. Who was the owner of the note as of the

date that you signed the assignment of mortgage?

A. Who is the owner?

Q. Who was the holder of the note -- no,

rephrase that, to be completely accurate. Who was

the possessor of the note on the date that you


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A. I'm not sure what you mean by

"possessor."

Q. You don't know what "possessor" means?

What entity or person was in physical

possession of the original note as of the date you


A. What entity?

Q. Or person was in physical possession of

the original note?

A. Don't know.

Q. What entity or person instructed

Zucker, Goldberg & Ackerman to file the complaint for

foreclosure in this case?

MR. NICHOLAS: Objection, privileged.

Q. Did HSBC Bank USA instruct you to file

the complaint in this case, you being Zucker,

Goldberg & Ackerman?

A. No.

Q. Did Wells Fargo Asset Securities

Corporation direct you to file the complaint in this

action?

A. No.

Q. Did Wells Fargo Asset Securities --


this line of questioning, because you're basically

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trying to do an end around my previous objection.

MR. DENBEAUX: Which is nonsensical.

We have a complaint being filed. I'm entitled to

determine whether the party filing it had the

authority to file it. It says "Zucker, Goldberg &

Ackerman LLC" at the top of this complaint. I want

to know whether Zucker, Goldberg & Ackerman LLC had

the authority to file this complaint in the first

instance, and I'm entitled to know which lender, if

any, directed this complaint to be filed.

Is it your position I'm not entitled to

that information?

MR. NICHOLAS: I'm saying you're not

entitled to ask about communications between an

attorney and a client.

MR. DENBEAUX: I want to know which

entity directed this complaint to be filed against

Hilde Lezaron. Is that question privileged?

MR. NICHOLAS: To the extent you're

asking about communications between an attorney and a

client, yes.

MR. DENBEAUX: Is the answer to that

question a communication between an attorney and a

client?

MR. NICHOLAS: I don't understand.

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MR. DENBEAUX: Then don't object to the

question, if you don't understand the answer.

MR. NICHOLAS: No, I didn't understand

the back and forth.

MR. DENBEAUX: The question is: What

entity directed Zucker, Goldberg & Ackerman to file

the complaint for foreclosure in this case.

You're saying that that is

objectionable as attorney/client privilege, correct?


MR. DENBEAUX: So your position then

is, it is a client of Zucker, Goldberg & Ackerman

that directed you, the firm, to file the complaint,

correct?

MR. NICHOLAS: I'm not saying anything,

I'm saying that the question you've asked potentially

results in an answer that's protected by

attorney/client privilege.

MR. DENBEAUX: Is the answer protected

by the attorney/client privilege?

MR. NICHOLAS: You're not even

authorized to elicit questions that go into the realm

of attorney/client privilege.

MR. DENBEAUX: What?

MR. NICHOLAS: You cannot ask questions

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that are protected by attorney/client privilege. You

can't solicit information about communications

between attorneys and clients.

MR. DENBEAUX: You fundamentally

misunderstand the concept of the privilege. I'm

going to ask one more time.

Q. What entity instructed Zucker, Goldberg

& Ackerman to file the complaint in foreclosure

against Hilde Lezaron?

MR. NICHOLAS: And I'm going to direct

the client not to answer.

MR. DENBEAUX: Okay.

Q. What entity directed, requested or

petitioned Zucker, Goldberg & Ackerman to execute an

assignment of mortgage in this litigation?


the form of that question.

MR. DENBEAUX: Why?

MR. NICHOLAS: Don't know what you

mean.

MR. DENBEAUX: You don't know what I

mean?


Q. I'm going to ask the question one last

time.

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What entity instructed that an

assignment of mortgage be filed in this case?

MR. NICHOLAS: Note the same objection.

Q. I'm still waiting for the answer.

A. Wells Fargo Home Mortgage.

Q. Wells Fargo Home Mortgage, is that the

entity that also instructed this complaint be filed?

MR. NICHOLAS: Objection, privileged.

Q. Are you standing by your counsel's

determination that that is privileged?

A. Yes.

MR. DENBEAUX: I can't complete this

deposition without addressing what I think are

frivolous and improper objections based on privilege.

So the deposition is not over, we have to contact the

court on this issue. I'm going to do that by motion,

and the court will decide whether we're over or not,

but I do not close this deposition.

MR. NICHOLAS: Well, just for purposes

of the record, then you need to put the points that

you are seeking the assistance of the court on the

record and, you know, ask the rest of your questions

to the extent that they're not governed by the

privilege to which you dispute.

MR. DENBEAUX: My questions were not

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governed by the privilege in the first instant. So I

know I can't continue this deposition, going into the

areas to which I'm entitled, under the current claim

of privilege and instruct you not to answer. Now,

either you're right or I'm right, we're going to get

a decision and I almost certainly am going to be back

here.

Thank you. It was nice to meet you.

Please indicate D-2 was marked but not

referenced.

(Time noted: 2:20 p.m.)

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86

C E R T I F I C A T E

I, KIM O. FURBACHER, License No. XIO1042, a

Certified Court Reporter, Registered Professional

Reporter, Certified Realtime Court Reporter and

Notary Public of the State of New Jersey, certify

that the foregoing is a true and accurate transcript

of the deposition of MICHAEL S. ACKERMAN, ESQ., who

was first duly sworn by me at the place and on the

date hereinbefore set forth.

I further certify that I am neither attorney

nor counsel for, nor related to or employed by any of

the parties to the action in which this deposition is

taken, and further that I am not a relative or

employee of any attorney or counsel employed in this

case, nor am I financially interested in this action.

My Commission Expires:7/11/14

A Notary Public of theState of New JerseyLicense No. XIO1042

007092 [1] - 4:23

07092-0024 [1] - 2:6

07675 [3] - 1:24, 2:11,

2:24

11 [2] - 3:21, 52:11

100 [1] - 70:23

1000113 [1] - 50:5

1024 [1] - 2:6

11 [7] - 16:11, 49:3,

65:17, 67:25, 69:14,

71:14, 78:16

11:27 [1] - 1:21

15th [1] - 55:16

16 [2] - 51:9, 52:1

22 [1] - 52:11

2/11/2010 [3] - 3:22,

14:23, 43:19

200 [3] - 1:19, 2:5,

4:22

2006 [2] - 51:9, 52:1

2007-PA6 [5] - 1:5,

8:12, 9:13, 11:16,

15:3

201-664-8855 [1] -

2:12

201-666-4888 [2] -

1:25, 2:25

201-666-6944 [2] -

1:25, 2:25

2010 [9] - 8:20, 16:11,

50:8, 50:15, 65:17,

67:25, 69:14, 71:14,

78:16

2011 [1] - 1:20

23 [1] - 3:10

253 [1] - 2:7

29 [1] - 3:12

2:20 [1] - 85:11

2:45 [1] - 76:15

33 [1] - 52:11

301 [3] - 1:19, 2:5,

4:23

366 [1] - 2:11

381 [2] - 1:24, 2:24

3:00 [1] - 76:10

44 [10] - 3:4, 3:11, 3:14,

3:16, 3:16, 3:18,

3:18, 3:20, 52:11

4/5/2010 [2] - 3:11, 4:2

43 [1] - 3:22

4a [1] - 14:20

55 [3] - 8:20, 50:8,

50:15

77/11/14 [1] - 86:22

7/27/2007 [4] - 3:16,

3:18, 4:11, 4:15

88 [1] - 1:20

9908-233-8500 [1] - 2:7

961 [1] - 73:18

Aa.m [1] - 1:21

abandon [1] - 16:6

able [2] - 55:22, 62:23

absolutely [6] - 12:3,

12:6, 16:3, 21:20,

23:6, 65:20

accept [7] - 8:17,

13:12, 13:17, 16:7,

26:10, 52:16, 71:6

accepting [3] - 36:24,

37:1, 70:15

according [1] - 7:9

accuracy [1] - 60:7

accurate [3] - 66:8,

79:23, 86:8

accurately [2] - 8:6,

49:8

Ackerman [45] - 4:22,

5:1, 17:4, 17:22,

18:2, 18:23, 19:3,

19:9, 23:13, 23:20,

27:12, 28:5, 28:13,

38:6, 44:8, 45:5,

45:10, 46:8, 46:21,

47:23, 48:20, 50:3,

50:9, 51:8, 52:5,

52:25, 53:15, 53:21,

57:7, 57:14, 57:25,

60:18, 61:13, 61:14,

61:16, 73:7, 80:12,

80:17, 81:6, 81:7,

82:6, 82:12, 83:8,

83:14

ACKERMAN [5] - 1:6,

1:19, 2:4, 3:3, 86:9

Ackerman's [1] - 5:11

act [3] - 22:9, 48:11,

48:12

action [3] - 80:21,

86:14, 86:17

actions [5] - 40:16,

45:1, 47:14, 47:23,

48:21

active [2] - 60:19,

60:24

ADAM [1] - 2:10

addition [2] - 28:1,

74:16

address [1] - 77:7

addressed [1] - 8:21

addressing [1] - 84:13

adjustable [2] - 4:10,

4:14

Adjustable [2] - 3:15,

3:17

advice [1] - 37:1

advisement [1] -

59:16

affidavits [2] - 4:6,

49:2

Affidavits [1] - 3:13

affixed [1] - 52:1

agent [6] - 9:19, 9:20,

9:23, 10:7, 10:11,

11:8

ago [1] - 39:12

agree [11] - 5:10, 5:14,

8:15, 10:16, 14:2,

14:10, 19:13, 31:22,

53:16, 57:4, 60:5

agreed [1] - 19:12

agreement [30] - 5:6,

11:22, 12:2, 12:5,

12:8, 12:17, 12:18,

13:6, 14:2, 14:4,

14:6, 14:13, 17:1,

49:13, 51:6, 52:10,

52:20, 53:7, 54:5,

54:14, 56:1, 56:3,

56:7, 56:21, 58:4,

59:8, 60:13, 61:25,

73:2, 77:12

agrees [1] - 52:25

ahead [1] - 54:24

al [1] - 1:9

allow [2] - 37:9, 68:22

almost [1] - 85:6

amending [1] - 36:19

American [24] - 14:24,

16:9, 62:19, 63:4,

63:7, 64:4, 64:15,

65:6, 65:10, 65:24,

66:19, 67:5, 67:10,

70:9, 71:25, 72:10,

73:3, 73:11, 77:23,

78:3, 78:18, 78:19,

78:21, 79:4

amount [1] - 73:23

Annie [1] - 50:9

answer [41] - 6:14,

6:20, 7:5, 13:14,

17:14, 20:10, 25:8,

29:15, 29:17, 32:16,

34:8, 34:25, 35:6,

36:22, 37:2, 37:7,

37:12, 39:9, 39:21,

42:4, 42:6, 49:4,

49:10, 50:21, 58:11,

59:6, 60:2, 62:25,

68:19, 68:20, 68:21,

68:22, 72:21, 75:16,

81:22, 82:2, 82:17,

82:19, 83:11, 84:4,

85:4

answered [4] - 20:7,

63:12, 63:18, 70:18

appear [3] - 19:8,

51:5, 51:16

applies [1] - 23:16

appointed [3] - 44:8,

45:5, 73:7

appreciate [1] - 76:19

appropriate [3] - 36:6,

38:24, 79:10

April [1] - 8:20

area [1] - 70:2

areas [1] - 85:3

assert [1] - 59:20

asserted [1] - 27:4

assertion [3] - 12:23,

13:18, 13:19

Asset [12] - 1:4, 6:11,

6:17, 7:2, 7:25, 8:10,

9:11, 9:12, 11:9,

11:14, 11:15, 80:19

asset [9] - 1:5, 6:7,

8:11, 11:18, 11:20,

15:1, 15:2, 80:23

Asset-Backed [2] -

9:12, 11:15

asset-backed [3] -

1:5, 8:11, 15:2

Assign [1] - 62:12

assign [10] - 18:20,

18:23, 18:24, 19:4,

43:12, 45:12, 45:20,

46:1, 46:8, 73:9

assigned [1] - 19:22

assigning [1] - 64:22

assignment [68] -

5:12, 5:23, 14:22,

16:8, 20:3, 20:16,

20:24, 22:17, 22:25,

24:1, 24:7, 24:16,

25:11, 26:4, 27:18,

28:15, 28:22, 30:3,

30:11, 32:12, 34:23,

1

36:7, 38:16, 41:4,

41:12, 41:18, 42:13,

42:18, 42:23, 43:4,

43:7, 43:11, 43:13,

43:18, 60:25, 62:1,

62:4, 62:6, 62:17,

62:22, 63:6, 64:6,

64:14, 64:20, 64:21,

65:4, 65:12, 65:25,

66:12, 67:8, 67:13,

67:20, 69:17, 70:6,

70:9, 70:21, 71:14,

71:24, 78:17, 79:3,

79:14, 79:17, 79:20,

79:25, 80:6, 83:15,

84:2

Assignment [1] - 3:21

assignments [1] -

66:7

assignor [1] - 34:23

assist [2] - 22:14,

22:22

assistance [1] - 84:21

assistant [5] - 44:9,

45:5, 73:8, 77:22,

78:4

associated [1] - 52:9

Association [5] - 1:3,

9:10, 11:4, 11:14,

73:17

association [1] -

14:25

assure [1] - 39:24

attached [6] - 44:7,

44:15, 44:20, 49:8,

53:9, 53:25

attachments [1] - 9:7

attention [2] - 13:16,

14:14

attorney [9] - 26:13,

37:24, 71:22, 75:16,

81:15, 81:20, 81:23,

86:12, 86:16

attorney/client [15] -

13:18, 13:20, 26:12,

26:17, 27:1, 27:5,

36:22, 36:25, 68:10,

75:13, 82:9, 82:18,

82:20, 82:23, 83:1

attorneys [2] - 66:5,

83:3

audit [1] - 70:2

August [1] - 1:20

authenticating [1] -

15:25

authorities [2] - 48:6,

48:11

authority [34] - 12:22,

17:1, 18:3, 41:3,

41:12, 41:18, 42:12,

43:3, 46:13, 47:1,

47:14, 48:6, 48:11,

48:20, 49:13, 51:6,

52:11, 52:21, 53:7,

54:5, 54:15, 55:24,

56:1, 56:3, 56:4,

56:7, 56:8, 59:9,

61:25, 62:1, 64:21,

73:2, 81:5, 81:8

authorization [1] -

46:13

authorize [3] - 45:18,

45:25, 46:18

authorized [6] - 44:11,

44:21, 44:25, 45:8,

46:21, 82:22

authorizes [2] - 45:20,

46:7

authorizing [1] - 73:6

awaiting [1] - 16:15

aware [3] - 50:22,

50:24, 71:11

Bbacked [2] - 8:11, 15:2

Backed [3] - 1:5, 9:12,

11:15

background [1] - 66:6

bank [5] - 45:15, 57:2,

63:22, 67:12, 77:21

Bank [55] - 1:3, 6:6,

9:10, 10:23, 11:1,

11:4, 11:10, 11:11,

11:12, 11:13, 14:25,

17:4, 19:7, 23:25,

24:6, 24:15, 25:11,

26:3, 27:21, 30:14,

31:11, 32:11, 34:1,

34:17, 35:25, 36:10,

45:23, 46:3, 46:11,

46:16, 46:24, 47:11,

49:19, 50:4, 52:24,

53:23, 56:20, 57:13,

57:24, 58:2, 60:19,

62:15, 64:2, 64:8,

64:17, 66:21, 67:7,

70:11, 72:2, 73:16,

78:3, 78:20, 78:22,

78:23, 80:15

bankruptcy [8] -

47:17, 47:20, 48:1,

48:8, 48:13, 48:14,

48:17, 48:24

Banks [1] - 16:10

BARRY [2] - 1:23,

2:23

based [1] - 84:14

basic [1] - 6:21

basis [2] - 5:15, 12:23

Bate [1] - 5:21

bearer [1] - 78:23

beginning [1] - 53:4

behalf [14] - 18:4,

44:22, 45:1, 45:19,

48:12, 49:16, 49:17,

51:7, 60:9, 63:7,

73:1

belief [1] - 25:8

below [2] - 44:1, 74:10

beneficial [3] - 47:16,

47:25, 48:23

BERGEN [1] - 1:1

Bergen [1] - 74:4

best [1] - 19:18

better [1] - 9:15

between [17] - 7:24,

8:9, 9:16, 17:1, 25:6,

42:4, 42:8, 58:19,

59:4, 59:18, 60:12,

60:17, 70:20, 81:14,

81:20, 81:23, 83:3

beyond [1] - 70:7

blank [1] - 78:24

bnicholas@

zuckergoldberg.

com [1] - 2:7

bold [2] - 43:24, 73:16

bond [1] - 74:11

Box [1] - 2:6

break [3] - 6:4, 23:9,

56:16

Brian [1] - 50:10

BRIAN [1] - 2:4

BROADWAY [2] -

1:24, 2:24

business [33] - 25:19,

25:25, 27:7, 27:8,

27:17, 28:3, 28:6,

28:12, 29:20, 29:23,

31:18, 32:19, 32:25,

33:1, 33:5, 34:21,

35:3, 35:7, 35:19,

36:3, 37:18, 38:2,

38:9, 38:15, 39:11,

39:15, 41:1, 41:10,

41:16, 42:11, 42:16,

42:21, 43:2

BY [4] - 2:4, 2:10,

4:25, 10:3

Cc/o [1] - 4:21

candidate [9] - 45:18,

45:20, 46:1, 46:7,

46:19, 46:20, 47:22,

48:7, 48:19

candidate's [1] - 56:4

candidates [6] - 44:7,

44:15, 44:20, 45:4,

50:15, 73:6

cannot [1] - 82:25

capacity [1] - 18:21

capitalized [1] - 43:24

caption [2] - 7:21,

43:23

captioned [1] - 49:12

Carlon [1] - 50:9

case [30] - 5:2, 6:6,

6:23, 9:22, 10:8,

10:18, 10:21, 11:9,

11:11, 11:23, 26:5,

26:22, 27:3, 28:22,

38:16, 41:4, 41:13,

41:19, 42:18, 43:4,

43:8, 67:20, 71:12,

71:16, 71:17, 80:13,

80:16, 82:7, 84:2,

86:17

caused [1] - 32:8

certain [9] - 18:14,

19:2, 44:21, 44:25,

45:4, 53:9, 57:19,

58:1, 73:21

certainly [2] - 27:3,

85:6

certificates [2] - 8:12,

15:3

Certificates [3] - 1:5,

9:12, 11:16

CERTIFIED [2] - 1:23,

2:23

Certified [4] - 1:14,

1:16, 86:5, 86:6

certify [2] - 86:7,

86:12

Certifying [2] - 50:7,

50:14

Cha [1] - 50:9

CHANCERY [1] - 1:1

change [1] - 70:20

changed [3] - 39:23,

67:19, 67:21

changes [1] - 70:24

changing [1] - 39:24

check [9] - 30:10,

30:15, 30:18, 33:7,

33:15, 69:15, 69:16,

69:18, 69:20

checked [7] - 6:1,

31:2, 31:7, 31:21,

31:25, 32:4, 33:10

checking [1] - 66:6

choosing [1] - 13:12

CICCARELLI [3] - 2:5,

5:20, 5:25

claim [2] - 49:2, 85:3

clarified [1] - 6:22

clear [5] - 10:15,

13:17, 13:19, 36:21,

67:2

clerk [1] - 74:3

client [40] - 6:8, 6:15,

6:23, 7:3, 7:8, 7:9,

7:14, 7:25, 8:10,

8:21, 8:23, 9:17,

9:19, 9:20, 10:7,

10:18, 10:22, 11:1,

11:5, 15:20, 26:13,

27:13, 28:17, 29:4,

37:10, 37:16, 37:24,

59:18, 68:18, 74:24,

75:4, 75:17, 75:19,

76:1, 77:7, 81:15,

81:21, 81:24, 82:12,

83:11

clients [6] - 26:10,

26:22, 27:8, 27:9,

27:15, 83:3

close [4] - 26:7, 26:16,

27:1, 84:18

Coldwell's [1] - 36:17

commencing [1] -

1:21

Commission [1] -

86:22

communication [5] -

22:21, 23:4, 23:7,

68:10, 81:23

communications [5] -

37:23, 75:14, 81:14,

81:20, 83:2

company [3] - 6:10,

6:18, 73:2

compensation [1] -

14:7

complaint [26] - 7:22,

8:2, 8:5, 8:7, 8:13,

8:22, 9:8, 9:9, 9:18,

14:15, 15:10, 15:18,

15:25, 16:1, 80:12,

80:16, 80:20, 81:3,

81:6, 81:8, 81:10,

81:17, 82:7, 82:13,

83:8, 84:7

complete [1] - 84:12

completely [1] - 79:23

complied [1] - 69:21

complies [1] - 9:4

conceded [1] - 77:8

concedes [1] - 76:1

concentrate [1] -

62:23

concept [1] - 83:5

conclude [1] - 26:1

concurrently [1] -

60:13

conference [1] - 76:11

confused [1] - 58:15

confusing [2] - 66:25,

2

67:1

confusion [4] - 21:15,

23:2, 25:3, 40:1

conjunctive [1] - 55:5

connected [1] - 52:9

consists [1] - 16:22

constitutes [1] - 52:4

contact [1] - 84:15

contained [2] - 14:15,

38:11

contains [1] - 12:17

content [1] - 17:6

contention [1] - 59:12

context [3] - 47:20,

48:13, 48:14

continue [1] - 85:2

continues [2] - 47:18,

62:21

continuing [1] - 73:17

contract [15] - 57:6,

57:18, 57:25, 58:4,

58:13, 58:18, 58:25,

59:4, 59:7, 59:11,

59:14, 59:21, 59:24,

60:12, 60:17

control [1] - 70:1

convenience [2] -

39:23, 39:25

convoluted [1] - 10:15

copies [5] - 8:25,

66:10, 66:16, 75:22,

76:23

copy [7] - 8:23, 12:7,

14:1, 14:4, 14:5,

16:18, 59:11

Corp [23] - 14:25,

16:10, 17:2, 62:20,

63:4, 63:7, 64:5,

64:15, 65:6, 65:11,

65:25, 66:19, 67:6,

67:11, 70:10, 71:25,

73:11, 77:23, 78:4,

78:18, 78:20, 78:22,

79:5

Corporate [1] - 3:20

corporate [21] - 4:19,

17:19, 17:21, 18:1,

18:6, 18:22, 19:10,

44:1, 46:6, 50:25,

52:8, 53:10, 54:1,

54:4, 58:25, 59:4,

60:14, 61:18, 61:24,

62:11, 73:5

corporation [1] - 15:2

Corporation [12] - 1:4,

6:12, 6:17, 7:3, 8:1,

8:11, 9:11, 11:9,

11:15, 16:24, 73:3,

80:20

correct [45] - 9:23,

10:8, 10:19, 10:20,

11:3, 11:17, 11:19,

12:20, 13:11, 13:15,

15:12, 15:15, 15:21,

17:5, 17:13, 23:13,

24:11, 31:14, 31:20,

32:5, 32:13, 33:12,

37:6, 44:15, 44:18,

44:22, 45:2, 53:23,

56:2, 56:6, 57:7,

57:15, 58:14, 70:12,

70:14, 72:12, 74:1,

74:7, 74:8, 77:15,

77:23, 82:9, 82:10,

82:14, 83:23

correctly [6] - 15:6,

15:9, 40:13, 53:14,

74:17, 74:19

counsel [4] - 8:19,

71:21, 86:13, 86:16

Counsel [2] - 2:8, 2:13

counsel's [4] - 13:13,

36:24, 37:1, 84:9

County [1] - 74:4

COUNTY [1] - 1:1

couple [1] - 76:14

course [4] - 12:14,

18:15, 23:22, 56:17

COURT [3] - 1:1, 1:23,

2:23

court [11] - 13:3,

15:20, 25:15, 36:13,

38:25, 64:24, 72:6,

72:15, 84:16, 84:17,

84:21

Court [4] - 1:15, 1:16,

86:5, 86:6

cover [5] - 3:10, 3:13,

4:1, 4:5, 4:17

curiosity [1] - 21:1

curious [1] - 63:12

current [2] - 79:15,

85:3

customary [1] - 65:13

DD-1 [6] - 3:10, 4:3,

8:19, 9:6, 14:15,

15:19

D-2 [3] - 3:12, 4:8,

85:9

D-3 [7] - 3:15, 4:11,

75:21, 76:22, 77:9,

77:12, 77:15

D-4 [10] - 3:17, 4:15,

75:21, 76:22, 77:3,

77:9, 77:13, 77:16,

77:17, 78:7

D-5 [23] - 3:19, 4:20,

16:18, 16:20, 16:22,

17:16, 17:18, 43:23,

44:4, 49:8, 49:12,

52:5, 52:20, 54:3,

58:14, 58:16, 58:17,

58:20, 61:25, 62:5,

62:8, 63:5, 63:20

D-5's [1] - 49:5

D-6 [11] - 3:21, 43:17,

43:19, 43:21, 43:22,

62:2, 62:7, 62:16,

64:14, 65:4, 73:13

date [34] - 19:21,

19:25, 20:3, 20:15,

20:23, 22:16, 22:24,

24:16, 25:11, 26:4,

27:17, 28:14, 30:2,

30:7, 32:12, 36:6,

40:10, 51:4, 60:21,

60:25, 62:3, 64:5,

64:13, 65:3, 66:12,

66:18, 67:7, 67:13,

70:20, 71:24, 79:20,

79:24, 80:5, 86:11

dated [11] - 3:10, 3:16,

3:18, 3:22, 4:2, 4:10,

4:14, 8:20, 14:22,

16:10, 43:18

dates [2] - 78:25, 79:2

dealing [1] - 25:4

decide [2] - 43:3,

84:17

deciding [5] - 38:15,

41:3, 41:11, 41:17,

42:12

decision [2] - 42:22,

85:6

deemed [1] - 37:11

Defendants [2] - 1:10,

2:13

define [11] - 21:21,

21:25, 22:6, 22:7,

34:10, 40:20, 40:21,

40:22, 40:24, 48:18,

53:7

defined [2] - 37:2,

39:22

defining [3] - 24:24,

29:12, 29:14

definition [5] - 22:5,

22:12, 22:18, 37:4,

57:10

definitional [1] - 76:9

definitions [1] - 57:22

delegation [1] - 55:24

demands [1] - 18:15

DENBEAUX [89] - 2:9,

2:10, 4:25, 5:15,

5:19, 6:3, 8:4, 8:8,

9:2, 9:5, 9:25, 10:3,

12:1, 12:4, 12:7,

12:15, 12:21, 13:1,

13:9, 13:25, 15:24,

16:4, 17:8, 17:11,

21:1, 21:5, 21:9,

23:8, 23:11, 25:14,

26:9, 26:18, 27:23,

28:23, 29:2, 33:21,

33:24, 34:4, 34:7,

36:18, 37:14, 37:17,

37:21, 38:1, 38:18,

38:23, 39:4, 41:23,

43:1, 43:16, 59:10,

59:17, 60:3, 61:21,

63:15, 65:1, 66:23,

67:1, 68:6, 68:9,

68:15, 68:24, 69:2,

71:3, 72:5, 72:12,

75:15, 76:8, 76:12,

76:15, 76:19, 76:21,

78:11, 79:13, 81:2,

81:16, 81:22, 82:1,

82:5, 82:11, 82:19,

82:24, 83:4, 83:12,

83:18, 83:21, 84:12,

84:25

Denbeaux [2] - 3:4,

5:1

Denise [1] - 50:9

dep [1] - 79:9

department [1] - 70:2

DEPOSITION [1] - 1:3

deposition [15] - 5:4,

5:7, 5:10, 13:4,

15:23, 16:2, 40:16,

49:8, 79:11, 84:13,

84:15, 84:18, 85:2,

86:9, 86:14

described [5] - 19:14,

28:19, 49:21, 53:9,

74:11

describes [1] - 62:22

description [3] - 14:6,

45:12, 77:12

DESCRIPTION [1] -

3:9

descriptions [1] -

73:24

designated [3] - 7:15,

9:10, 71:21

designee [21] - 19:7,

45:16, 45:24, 46:4,

46:11, 46:17, 46:25,

62:15, 63:9, 63:21,

63:25, 64:1, 64:6,

64:15, 66:20, 67:6,

67:11, 70:10, 71:25,

72:10, 73:11

determination [2] -

59:15, 84:10

determine [10] -

30:12, 41:23, 42:17,

65:9, 65:23, 67:5,

70:8, 71:15, 78:12,

81:4

DEUTSCH [4] - 2:10,

5:22, 6:5, 16:13

difference [2] - 42:8,

77:13

different [5] - 8:25,

9:1, 19:9, 69:24,

75:6

difficult [1] - 18:17

difficulty [2] - 24:24,

40:3

direct [3] - 71:23,

80:20, 83:10

Direct [1] - 3:4

DIRECT [1] - 4:25

directed [5] - 81:10,

81:17, 82:6, 82:13,

83:13

directing [3] - 13:16,

14:14, 36:21

directly [1] - 73:16

disclose [1] - 68:17

disclosing [1] - 38:10

discovery [9] - 5:23,

12:8, 12:11, 13:23,

14:1, 14:9, 18:14,

28:17, 28:22

discussion [1] - 16:14

disjunctive [1] - 55:8

dispute [1] - 84:24

distinction [2] - 25:6,

42:3

DIVISION [1] - 1:1

Division [32] - 26:3,

27:21, 30:13, 31:10,

32:11, 34:1, 34:16,

35:24, 36:10, 45:23,

46:3, 46:11, 46:16,

46:24, 47:10, 49:18,

50:4, 52:24, 53:23,

56:20, 57:13, 57:24,

58:2, 60:19, 62:14,

64:1, 64:7, 64:16,

66:20, 67:7, 70:11,

72:1

division [10] - 17:3,

19:7, 23:25, 24:5,

24:15, 25:10, 45:15,

57:2, 63:22, 67:12

docket [2] - 3:14, 4:7

DOCKET [1] - 1:2

doctrine [1] - 68:11

document [65] - 3:10,

3:13, 4:2, 4:6, 4:9,

4:13, 4:18, 14:8,

15:10, 15:15, 15:17,

15:18, 16:15, 16:25,

3

18:7, 18:12, 19:2,

19:15, 21:18, 21:21,

22:13, 24:10, 24:25,

29:12, 37:5, 37:15,

40:21, 44:3, 44:21,

45:3, 49:14, 49:25,

50:16, 50:23, 51:10,

51:11, 51:13, 51:15,

51:18, 51:21, 51:24,

51:25, 52:12, 52:13,

52:17, 52:21, 53:4,

53:14, 53:19, 53:20,

54:14, 57:8, 57:10,

57:12, 59:12, 59:22,

61:3, 62:24, 63:1,

63:14, 66:19, 73:15,

74:6, 75:25, 76:4

documentation [1] -

36:23

documents [31] -

3:10, 3:12, 4:1, 4:5,

4:17, 16:23, 18:4,

20:20, 21:6, 21:11,

24:3, 28:18, 28:24,

29:4, 29:5, 29:8,

36:17, 37:6, 37:9,

37:21, 38:7, 38:8,

38:12, 47:2, 47:15,

47:24, 48:22, 59:18,

63:16, 66:16, 67:4

dollar [1] - 73:23

done [1] - 71:12

doubt [6] - 16:5, 49:7,

51:19, 51:22, 51:23,

52:2

drive [1] - 73:18

due [3] - 12:14, 74:12

duly [2] - 4:24, 86:10

during [3] - 6:4, 18:15,

40:22

duties [1] - 53:9

Eeffective [2] - 50:8,

50:15

either [2] - 26:19, 85:5

Electronic [16] - 3:19,

14:23, 17:2, 17:20,

18:4, 28:9, 44:10,

45:6, 50:13, 52:23,

60:5, 61:9, 61:18,

62:18, 65:5, 65:9

electronic [8] - 4:18,

16:23, 22:21, 23:4,

23:7, 25:7, 43:25,

50:7

electronically [1] -

22:2

elicit [1] - 82:22

elsewhere [1] - 74:6

employed [6] - 31:24,

45:4, 46:7, 47:22,

86:13, 86:16

employee [10] - 23:13,

23:14, 23:15, 30:25,

34:13, 46:20, 48:20,

79:11, 79:14, 86:16

employee(s [1] - 44:7

employees [3] - 45:9,

70:8, 73:6

enclosing [1] - 8:22

end [2] - 76:10, 81:1

endorsed [2] - 78:19,

78:21

endorsement [5] -

77:9, 77:18, 77:20,

78:1, 78:7

endorsements [4] -

77:14, 77:16, 79:1,

79:18

endorsing [1] - 78:7

entered [4] - 57:5,

57:18, 57:24, 60:8

entire [2] - 51:25,

73:14

entities [16] - 25:20,

25:25, 26:20, 26:21,

27:6, 27:9, 27:14,

27:16, 27:25, 28:4,

28:6, 28:10, 28:18,

29:21

entitled [13] - 1:13,

4:6, 4:9, 4:13, 4:18,

58:5, 62:6, 63:6,

81:3, 81:9, 81:11,

81:14, 85:3

entitles [1] - 63:5

entity [16] - 7:17, 7:18,

7:20, 7:21, 11:22,

63:23, 78:7, 80:4,

80:7, 80:11, 81:17,

82:6, 83:7, 83:13,

84:1, 84:7

enumerate [1] - 75:7

enumerated [10] -

45:12, 45:25, 46:12,

47:14, 47:20, 47:21,

48:5, 48:17, 48:18,

49:5

enumerates [1] - 45:8

error [1] - 40:1

ESQ [7] - 1:6, 2:4, 2:5,

2:10, 2:10, 3:3, 86:9

Esq [1] - 3:11

ESQS [1] - 2:9

ESQUIRE [1] - 4:21

established [2] -

33:14, 59:17

establishing [1] - 13:6

et [1] - 1:9

EVID [1] - 3:9

evidence [1] - 24:4

evidences [1] - 24:13

exact [2] - 39:17,

39:19

exactly [3] - 8:14,

29:19, 68:13

EXAMINATION [2] -

1:4, 4:25

Examination [1] - 3:4

except [4] - 9:22,

10:10, 53:2, 61:10

exception [1] - 71:10

exclude [1] - 37:5

exclusive [1] - 48:7

excuse [8] - 10:22,

23:9, 28:1, 45:17,

48:12, 65:22, 70:17,

74:9

execute [18] - 38:16,

41:3, 41:12, 41:18,

42:13, 42:17, 42:22,

43:4, 43:7, 47:2,

47:15, 47:24, 48:21,

62:1, 62:6, 63:6,

64:21, 83:14

executed [30] - 20:23,

22:17, 22:25, 24:1,

24:6, 24:17, 25:11,

26:4, 27:18, 30:2,

30:11, 32:12, 36:6,

43:10, 60:25, 62:3,

64:6, 64:13, 64:19,

65:3, 65:11, 67:8,

67:13, 67:19, 71:13,

71:24, 79:4, 79:15,

79:25, 80:6

executing [3] - 49:2,

70:6, 76:1

execution [7] - 5:11,

5:16, 20:16, 28:15,

66:12, 66:18, 70:21

exhibit [11] - 4:3, 4:8,

4:11, 4:15, 4:20,

14:14, 15:19, 16:16,

16:17, 17:6, 43:19

exhibits [1] - 76:22

EXHIBITS [1] - 3:8

existed [1] - 14:8

existence [7] - 12:1,

12:4, 12:16, 12:18,

37:6, 59:18, 66:11

exists [3] - 13:6,

14:13, 59:24

Expires [1] - 86:22

explain [5] - 50:1,

62:25, 67:16, 78:1,

78:12

explanation [2] -

13:10, 75:12

Express [22] - 14:25,

16:9, 62:20, 63:4,

63:7, 64:5, 64:15,

65:6, 65:11, 65:24,

66:19, 67:5, 67:11,

70:10, 71:25, 73:3,

73:11, 78:4, 78:18,

78:20, 78:21, 79:5

Ext [1] - 2:7

extent [9] - 26:7,

26:16, 29:3, 36:16,

41:21, 59:24, 75:13,

81:19, 84:23

FF-10078-10 [1] - 1:2

F-178-10 [2] - 3:14,

4:7

fact [3] - 40:8, 51:20,

67:5

fair [1] - 5:19

Fargo [151] - 1:4, 6:7,

6:9, 6:10, 6:11, 6:13,

6:15, 6:16, 6:17,

6:20, 6:22, 6:24,

6:25, 7:1, 7:2, 7:7,

7:10, 7:15, 7:16,

7:25, 8:10, 9:11,

9:17, 11:9, 11:14,

15:1, 17:3, 17:4,

19:6, 19:7, 23:24,

23:25, 24:5, 24:14,

24:15, 25:10, 26:2,

26:3, 27:20, 27:21,

28:8, 28:13, 29:6,

29:22, 30:13, 31:10,

32:10, 32:11, 33:25,

34:1, 34:16, 34:17,

35:6, 35:20, 35:24,

35:25, 36:4, 36:9,

36:10, 37:8, 37:18,

37:22, 38:10, 38:14,

39:10, 39:16, 41:2,

41:11, 41:15, 41:16,

42:1, 42:2, 42:5,

42:6, 42:10, 45:14,

45:15, 45:22, 45:23,

46:3, 46:10, 46:11,

46:15, 46:16, 46:23,

46:24, 47:10, 49:18,

49:19, 50:3, 50:4,

52:23, 52:24, 53:22,

53:23, 56:19, 56:20,

57:1, 57:2, 57:13,

57:23, 57:24, 58:1,

58:2, 59:5, 60:18,

60:19, 62:14, 62:15,

63:21, 63:22, 64:1,

64:2, 64:7, 64:16,

64:17, 66:20, 66:21,

67:6, 67:7, 67:11,

67:12, 70:10, 70:11,

72:1, 72:10, 72:11,

77:21, 78:3, 78:20,

78:22, 78:23, 79:11,

79:14, 80:19, 80:23,

84:5, 84:6

fashion [1] - 25:7

FAX [2] - 1:25, 2:25

fax [1] - 6:2

faxed [1] - 6:4

February [6] - 16:11,

65:17, 67:25, 69:14,

71:14, 78:16

fight [1] - 78:14

figure [2] - 5:7, 59:13

figuring [1] - 55:23

file [8] - 80:12, 80:15,

80:20, 81:5, 81:8,

82:6, 82:13, 83:8

filed [8] - 9:8, 15:19,

16:5, 81:3, 81:10,

81:17, 84:2, 84:7

filing [1] - 81:4

final [2] - 47:13, 77:3

financially [1] - 86:17

fine [1] - 69:1

firm [18] - 11:2, 11:5,

15:11, 15:14, 15:16,

16:5, 17:22, 18:13,

18:14, 19:22, 23:17,

23:20, 31:23, 53:15,

59:5, 59:19, 66:4,

82:13

first [20] - 5:23, 5:24,

15:7, 17:17, 17:22,

19:11, 44:14, 44:16,

44:19, 45:11, 50:16,

52:8, 53:6, 56:23,

59:14, 62:10, 62:23,

81:8, 85:1, 86:10

five [2] - 23:8, 39:12

followed [3] - 65:18,

69:13, 70:16

following [2] - 40:15,

70:3

follows [2] - 4:24, 53:1

FOND [2] - 1:23, 2:23

forbid [1] - 38:4

forbidding [1] - 76:4

foreclose [1] - 47:2

foreclosure [8] - 7:17,

9:9, 18:7, 18:25,

41:13, 80:13, 82:7,

83:8

foregoing [1] - 86:8

forget [1] - 31:6

forgive [1] - 40:18

forgotten [1] - 20:11

form [41] - 8:3, 9:24,

4

17:7, 18:9, 19:24,

20:17, 20:25, 21:2,

22:21, 27:22, 28:20,

29:24, 31:13, 32:14,

33:3, 33:20, 35:13,

36:1, 36:16, 38:17,

39:2, 39:5, 41:5,

41:20, 42:14, 42:19,

43:14, 46:5, 48:15,

55:14, 60:20, 61:20,

63:8, 63:12, 63:17,

64:9, 66:22, 70:13,

71:1, 72:9, 83:17

formal [2] - 7:18, 7:20

formally [1] - 10:11

format [1] - 22:2

forth [3] - 55:25, 82:4,

86:11

forum [1] - 40:10

forums [1] - 48:14

four [11] - 4:9, 4:13,

4:17, 14:15, 19:8,

49:15, 52:4, 58:17,

58:19, 60:4, 62:9

fourth [9] - 47:13,

47:19, 47:21, 48:5,

48:11, 48:16, 48:18,

49:6, 49:24

frame [1] - 40:11

free [1] - 55:17

frivolous [1] - 84:14

front [2] - 9:1, 62:17

full [2] - 45:12, 62:25

fully [1] - 7:14

functions [2] - 44:21,

44:24

fundamentally [1] -

83:4

FURBACHER [2] -

1:14, 86:4

Ggeneral [1] - 6:2

generally [1] - 40:23

generated [1] - 37:9

giant [1] - 78:14

given [3] - 6:21, 19:9,

48:7

global [1] - 57:10

GOLDBERG [2] -

1:18, 2:4

Goldberg [40] - 4:22,

17:4, 17:22, 18:1,

18:23, 19:3, 19:9,

23:13, 23:20, 27:12,

28:5, 28:13, 31:24,

44:8, 45:4, 45:9,

46:8, 46:21, 47:22,

48:20, 49:16, 50:3,

51:8, 52:5, 52:25,

53:15, 53:21, 57:6,

57:14, 57:25, 60:18,

73:7, 80:12, 80:17,

81:5, 81:7, 82:6,

82:12, 83:7, 83:14

governed [2] - 84:23,

85:1

granted [1] - 45:9

grants [1] - 48:19

ground [1] - 40:19

grow [1] - 74:12

guess [3] - 18:21,

71:8, 76:24

guys [2] - 13:22, 79:10

Hhand [1] - 9:3

happy [2] - 12:25,

29:17

head [1] - 58:10

heads [1] - 76:18

heads-up [1] - 76:18

hear [1] - 58:11

heard [2] - 27:2, 29:10

held [5] - 1:18, 16:14,

23:10, 56:18, 76:20

help [1] - 55:22

hereby [2] - 44:8,

52:25

herein [2] - 15:3,

56:22

hereinbefore [1] -

86:11

Hilde [11] - 3:11, 4:2,

5:2, 6:7, 8:21, 15:20,

18:20, 18:24, 73:22,

81:18, 83:9

HILDE [1] - 1:9

hold [1] - 67:18

holder [1] - 79:22

Home [60] - 17:3, 19:6,

23:24, 24:5, 24:14,

25:10, 26:2, 27:20,

28:8, 28:13, 29:6,

29:22, 30:13, 31:10,

32:11, 33:25, 34:16,

35:7, 35:20, 35:24,

36:4, 36:9, 38:10,

38:14, 39:16, 41:2,

41:11, 41:17, 42:2,

42:5, 42:10, 45:15,

45:23, 46:3, 46:10,

46:15, 46:24, 47:10,

49:18, 50:3, 52:24,

53:22, 56:19, 57:1,

57:13, 57:23, 58:1,

60:18, 62:14, 63:22,

64:1, 64:7, 64:16,

66:20, 67:6, 67:12,

70:10, 72:1, 84:5,

84:6

home [1] - 72:10

honest [2] - 18:16,

76:8

honestly [1] - 58:11

hopefully [1] - 76:15

HSBC [14] - 1:3, 6:6,

9:10, 10:23, 11:1,

11:4, 11:10, 11:11,

11:12, 11:13, 14:25,

16:10, 73:16, 80:15

Hultman [1] - 52:18

IID [1] - 3:9

idea [4] - 21:17, 23:3,

58:7, 58:12

identical [1] - 77:13

identification [7] - 4:4,

4:8, 4:12, 4:16, 4:20,

7:11, 43:20

identified [7] - 7:21,

8:13, 19:11, 29:21,

32:19, 38:9, 61:10

identify [9] - 26:21,

27:6, 27:25, 28:7,

35:11, 38:7, 38:14,

44:14, 75:17

identifying [2] - 27:7,

37:5

identity [1] - 8:1

impossible [1] - 40:17

imprecisely [1] -

39:22

imprecision [1] - 42:7

improper [1] - 84:14

inability [1] - 52:16

inappropriate [2] -

22:18, 38:5

INC [4] - 1:23, 2:23,

52:22, 61:2

Inc [19] - 3:20, 4:19,

14:24, 17:3, 17:20,

18:5, 28:9, 44:1,

44:10, 45:7, 50:7,

50:14, 52:23, 60:6,

61:9, 61:18, 62:19,

65:5, 65:10

inc [1] - 16:24

included [2] - 58:14,

58:19

including [2] - 19:3,

49:1

incorporated [1] -

56:22

incorporating [1] -

35:6

incorrect [1] - 14:1

independent [2] -

70:5, 71:13

indicate [3] - 34:14,

36:7, 85:9

indicated [9] - 28:14,

30:2, 31:9, 31:17,

33:18, 43:12, 53:17,

72:18, 72:20

indicates [3] - 44:19,

62:16, 71:23

indicating) [4] - 8:22,

16:18, 43:21, 75:23

individuals [1] - 19:2

information [34] -

24:12, 24:19, 24:21,

24:23, 24:25, 25:4,

25:5, 25:18, 26:8,

27:2, 31:8, 32:1,

32:7, 32:18, 32:20,

33:13, 33:16, 34:12,

34:18, 34:19, 34:20,

35:1, 39:13, 39:14,

41:22, 60:7, 60:8,

70:7, 71:20, 71:22,

72:19, 72:24, 81:12,

83:2

insert [1] - 57:22

instance [1] - 81:9

instant [1] - 85:1

instruct [3] - 37:7,

80:15, 85:4

instructed [4] - 80:11,

83:7, 84:1, 84:7

instructing [1] - 68:18

instruction [4] -

13:13, 31:3, 31:5,

31:7

instrument [1] - 78:24

Interest [2] - 3:15,

3:17

interest [5] - 4:10,

4:14, 47:16, 48:22,

74:13

Interest-Only [2] -

3:15, 3:17

interest-only [2] -

4:10, 4:14

interested [1] - 86:17

interests [1] - 47:25

internal [4] - 35:17,

39:15, 68:7, 70:2

interpret [5] - 19:15,

47:9, 55:15, 55:16,

55:18

interpretation [2] -

19:1, 36:25

interrupt [1] - 49:4

involve [1] - 5:11

involved [1] - 40:2

issue [5] - 13:2, 13:7,

13:14, 14:12, 84:16

itself [2] - 8:6, 59:23

JJanuary [2] - 50:8,

50:15

jdenbeaux@

denbeauxlaw.com

[1] - 2:12

JENEE [1] - 2:5

JERSEY [1] - 1:1

Jersey [6] - 1:18, 1:20,

2:6, 4:23, 86:7,

86:25

job [1] - 37:24

Joel [1] - 50:9

Joshua [1] - 5:1

JOSHUA [1] - 2:10

judgment [3] - 3:14,

4:7, 5:24

Kkeep [1] - 79:7

KIM [2] - 1:14, 86:4

kind [1] - 31:8

Kinderkamack [1] -

2:11

knowledge [2] -

19:18, 20:13

knows [3] - 21:8,

68:20, 79:1

Lland [3] - 35:14, 35:21,

39:14

lands [1] - 73:22

language [5] - 38:11,

45:18, 46:18, 47:5,

62:5

large [1] - 43:24

last [4] - 49:24, 51:3,

54:7, 83:24

law [2] - 23:19, 59:5

lawyer [1] - 25:3

lawyer/client [1] -

13:6

layman [1] - 25:2

lead [1] - 33:17

least [1] - 49:13

legal [1] - 18:23

Len [1] - 15:16

lender [1] - 81:9

Lenny [1] - 15:13

Leonard [5] - 3:11,

4:3, 8:20, 15:11,

15:14

letter [3] - 3:10, 4:2,

8:20

letters [2] - 22:11,

5

73:16

LEZARON [1] - 1:9

Lezaron [44] - 3:11,

4:2, 5:2, 6:7, 8:21,

11:5, 11:12, 15:20,

18:20, 18:25, 19:16,

19:20, 20:4, 20:14,

20:22, 22:15, 22:23,

23:23, 24:4, 24:13,

25:8, 25:9, 26:1,

27:19, 30:3, 30:12,

31:12, 32:9, 32:10,

33:18, 33:19, 34:14,

34:15, 35:22, 35:23,

36:8, 73:22, 81:18,

83:9

License [3] - 1:15,

86:4, 86:25

lien [30] - 18:24, 19:4,

19:16, 19:20, 19:22,

20:14, 20:21, 22:16,

22:23, 23:23, 24:4,

24:13, 25:8, 26:1,

27:19, 31:12, 32:9,

33:18, 34:15, 35:22,

35:23, 36:8, 45:13,

45:21, 46:1, 46:8,

46:13, 46:22, 62:12,

73:9

likely [1] - 13:2

limited [10] - 6:16,

19:4, 47:20, 47:23,

48:17, 49:1, 49:10,

56:3, 56:7, 74:7

line [2] - 78:9, 80:25

list [4] - 44:7, 44:15,

44:19, 73:6

litigation [11] - 5:5,

11:6, 18:8, 18:15,

18:19, 18:25, 52:6,

58:6, 76:23, 77:8,

83:15

live [1] - 34:7

LLC [21] - 1:19, 2:4,

4:22, 23:20, 23:22,

27:12, 28:5, 28:13,

28:25, 29:22, 30:25,

32:4, 33:10, 33:16,

34:13, 35:7, 50:3,

52:5, 53:15, 81:6,

81:7

loan [38] - 16:10,

18:24, 19:5, 19:17,

19:21, 19:22, 20:4,

20:14, 20:22, 22:15,

22:23, 22:24, 23:24,

24:14, 25:9, 26:1,

27:19, 30:4, 30:12,

32:10, 33:19, 34:15,

35:22, 36:8, 45:13,

45:21, 46:1, 46:9,

46:14, 46:22, 47:3,

47:17, 48:1, 48:2,

48:23, 48:24, 62:12,

73:9

Loan [4] - 28:8, 28:13,

29:6, 35:7

loans [8] - 53:10, 54:8,

55:2, 55:7, 55:9,

55:10, 55:19, 56:9

Loans [1] - 29:22

located [1] - 73:18

log [2] - 12:9, 38:3

look [1] - 77:3

looked [1] - 5:25

looking [3] - 44:3,

52:20, 63:15

Mmain [2] - 6:10, 6:17

maintain [1] - 78:13

managing [2] - 23:21,

51:8

manifested [1] - 34:22

March [2] - 51:9, 52:1

mark [1] - 43:16

marked [10] - 3:14,

4:3, 4:7, 4:11, 4:15,

4:19, 8:19, 9:3,

43:19, 85:9

matter [3] - 1:13, 12:8,

13:20

matters [2] - 10:24,

11:2

mean [21] - 18:10,

21:17, 21:24, 23:3,

24:18, 24:20, 24:22,

31:4, 32:2, 44:23,

45:17, 47:8, 52:13,

52:15, 54:16, 54:21,

63:25, 71:9, 80:1,

83:20, 83:22

meaning [4] - 6:16,

47:9, 55:6, 59:23

meaningful [1] - 42:7

means [4] - 34:6, 50:1,

69:24, 80:3

meant [1] - 11:18

meet [1] - 85:8

member [31] - 15:14,

15:16, 23:21, 47:5,

47:7, 47:9, 47:16,

47:25, 48:12, 48:23,

49:1, 49:18, 53:12,

53:22, 54:10, 55:4,

55:8, 55:11, 55:21,

56:10, 56:21, 57:1,

57:3, 57:5, 57:11,

57:17, 57:19, 58:19,

60:7, 60:9, 60:12

membership [1] -

56:22

mentions [1] - 17:21

merely [1] - 49:10

MERS [94] - 16:9,

17:1, 19:5, 19:17,

19:21, 20:5, 20:15,

20:22, 22:16, 22:24,

24:16, 25:9, 26:2,

27:20, 28:14, 29:9,

29:22, 29:23, 30:10,

31:9, 31:11, 31:18,

31:25, 32:4, 32:9,

32:19, 32:25, 33:6,

33:10, 33:15, 33:17,

34:13, 34:15, 34:24,

35:2, 35:5, 35:6,

35:20, 35:23, 36:3,

36:9, 39:16, 41:2,

41:10, 41:15, 42:12,

42:15, 42:16, 42:20,

42:21, 43:3, 44:22,

45:1, 45:13, 45:19,

45:21, 46:2, 46:9,

46:14, 46:22, 47:4,

47:17, 48:1, 48:2,

48:13, 48:24, 48:25,

49:16, 52:8, 53:11,

53:12, 54:9, 55:3,

55:4, 55:7, 55:11,

55:12, 55:19, 55:20,

56:9, 56:21, 58:25,

60:5, 60:8, 62:13,

63:3, 65:24, 73:5,

73:8, 73:10, 78:17,

79:4

MERSCORP [4] -

49:17, 52:22, 59:3,

61:2

MICHAEL [3] - 1:6,

3:3, 86:9

Michael [3] - 50:8,

61:13, 61:16

middle [1] - 43:25

might [4] - 26:9,

26:25, 40:22, 67:4

mind [1] - 19:15

minute [3] - 16:16,

23:9, 41:24

minutes [2] - 39:12,

76:14

misread [1] - 77:25

misunderstand [1] -

83:5

moment [4] - 11:18,

25:23, 65:25, 75:24

Monday [1] - 1:20

money [1] - 74:12

mortgage [115] - 4:18,

5:12, 7:16, 8:11,

14:22, 15:2, 15:8,

15:9, 16:8, 16:23,

18:20, 18:24, 19:5,

19:16, 19:20, 19:22,

20:3, 20:4, 20:14,

20:16, 20:22, 20:24,

22:15, 22:17, 22:23,

22:25, 23:23, 24:1,

24:7, 24:14, 24:17,

25:12, 26:4, 27:18,

28:15, 28:22, 30:3,

30:11, 32:12, 34:23,

36:7, 38:16, 41:4,

41:13, 41:19, 42:13,

42:18, 42:23, 43:4,

43:8, 43:11, 43:12,

43:13, 43:18, 43:25,

45:13, 45:21, 46:1,

46:9, 46:14, 46:22,

47:3, 47:17, 48:23,

50:6, 53:10, 54:8,

55:2, 55:6, 55:9,

55:10, 55:18, 56:8,

60:25, 62:2, 62:4,

62:6, 62:12, 62:18,

63:6, 64:6, 64:14,

64:20, 64:21, 64:22,

65:4, 65:12, 66:1,

66:13, 67:8, 67:13,

67:20, 69:17, 70:7,

70:9, 71:14, 71:24,

73:9, 73:21, 73:25,

74:2, 74:7, 74:16,

74:21, 74:22, 78:17,

79:3, 79:4, 79:14,

79:17, 79:20, 79:25,

80:6, 83:15, 84:2

Mortgage [97] - 1:4,

3:19, 3:21, 9:12,

11:15, 14:23, 14:24,

16:9, 17:2, 17:3,

17:19, 18:4, 19:6,

23:24, 24:5, 24:15,

25:10, 26:3, 27:20,

28:8, 30:13, 31:10,

32:11, 34:1, 34:16,

35:20, 35:24, 36:4,

36:9, 38:10, 38:14,

39:16, 41:2, 41:11,

41:17, 42:3, 42:6,

42:10, 44:10, 45:6,

45:15, 45:23, 46:3,

46:10, 46:16, 46:24,

47:10, 49:18, 50:4,

50:13, 52:22, 52:24,

53:23, 56:20, 57:2,

57:13, 57:23, 58:2,

60:5, 60:18, 61:9,

61:17, 62:14, 62:18,

62:19, 63:4, 63:7,

63:22, 64:1, 64:5,

64:7, 64:15, 64:16,

65:4, 65:6, 65:9,

65:11, 65:24, 66:19,

66:20, 67:5, 67:6,

67:11, 67:12, 70:9,

70:11, 71:25, 72:1,

73:3, 73:11, 78:3,

78:18, 78:19, 78:21,

79:5, 84:5, 84:6

mortgagee [1] - 15:8

motion [4] - 3:13, 4:6,

5:24, 84:16

Mountainside [3] -

1:20, 2:6, 4:23

movant [1] - 49:3

move [2] - 49:11,

63:19

MR [199] - 4:25, 5:13,

5:15, 5:17, 5:19,

5:22, 6:3, 6:5, 8:3,

8:4, 8:5, 8:8, 8:24,

9:2, 9:4, 9:5, 9:24,

9:25, 10:1, 10:3,

11:24, 12:1, 12:3,

12:4, 12:6, 12:7,

12:12, 12:15, 12:20,

12:21, 12:24, 13:1,

13:8, 13:9, 13:11,

13:21, 13:25, 15:22,

15:24, 16:3, 16:4,

16:13, 17:7, 17:8,

17:9, 17:11, 17:13,

18:9, 19:24, 20:17,

20:25, 21:1, 21:3,

21:5, 21:8, 21:9,

21:10, 23:8, 23:11,

25:14, 26:6, 26:9,

26:15, 26:18, 27:22,

27:23, 28:20, 28:23,

29:1, 29:2, 29:3,

29:7, 29:24, 31:13,

32:14, 33:3, 33:20,

33:21, 33:23, 33:24,

34:2, 34:4, 34:5,

34:7, 35:13, 36:1,

36:11, 36:15, 36:18,

36:20, 37:12, 37:14,

37:15, 37:17, 37:19,

37:21, 37:23, 38:1,

38:17, 38:18, 38:20,

38:23, 39:2, 39:4,

39:6, 41:5, 41:20,

41:23, 42:14, 42:19,

42:24, 43:1, 43:14,

43:16, 46:5, 48:15,

55:14, 58:8, 59:10,

59:13, 59:17, 59:22,

60:3, 60:20, 61:20,

61:21, 63:8, 63:13,

63:15, 63:18, 64:9,

6

65:1, 66:22, 66:23,

66:24, 67:1, 68:4,

68:6, 68:7, 68:9,

68:13, 68:15, 68:20,

68:24, 68:25, 69:2,

70:13, 71:1, 71:3,

72:5, 72:8, 72:12,

75:11, 75:15, 76:6,

76:8, 76:10, 76:12,

76:13, 76:15, 76:17,

76:19, 76:21, 78:8,

78:11, 79:7, 79:13,

79:16, 80:14, 80:24,

81:2, 81:13, 81:16,

81:19, 81:22, 81:25,

82:1, 82:3, 82:5,

82:10, 82:11, 82:15,

82:19, 82:21, 82:24,

82:25, 83:4, 83:10,

83:12, 83:16, 83:18,

83:19, 83:21, 83:23,

84:3, 84:8, 84:12,

84:19, 84:25

MS [2] - 5:20, 5:25

must [1] - 77:25

NNA [47] - 6:11, 6:25,

7:1, 17:4, 19:7,

23:25, 24:6, 24:15,

25:11, 26:3, 27:21,

30:14, 31:11, 32:11,

34:1, 34:17, 35:25,

36:10, 45:15, 45:23,

46:4, 46:11, 46:16,

46:24, 47:11, 49:19,

50:4, 52:24, 53:23,

56:20, 57:14, 57:24,

58:2, 60:19, 62:15,

64:2, 64:8, 64:17,

66:21, 67:7, 67:12,

70:11, 72:2, 78:3,

78:20, 78:22, 78:23

name [4] - 7:18, 7:20,

45:1, 61:5

names [1] - 25:24

naming [1] - 26:22

National [5] - 1:3,

9:10, 11:4, 11:13,

73:17

national [1] - 14:25

necessarily [2] -

23:16, 55:12

necessary [5] - 21:12,

47:2, 47:15, 47:24,

48:22

need [8] - 20:20, 21:6,

23:8, 38:3, 49:9,

62:24, 76:14, 84:20

nefarious [2] - 39:25,

40:9

never [1] - 19:15

New [6] - 1:17, 1:20,

2:6, 4:23, 86:7,

86:25

NEW [1] - 1:1

next [3] - 49:12, 49:15,

78:20

nice [1] - 85:8

Nicholas [2] - 37:8,

50:10

NICHOLAS [111] - 2:4,

5:13, 5:17, 8:3, 8:5,

8:24, 9:4, 9:24, 10:1,

11:24, 12:3, 12:6,

12:12, 12:20, 12:24,

13:8, 13:11, 13:21,

15:22, 16:3, 17:7,

17:9, 17:13, 18:9,

19:24, 20:17, 20:25,

21:3, 21:8, 21:10,

26:6, 26:15, 27:22,

28:20, 29:1, 29:3,

29:7, 29:24, 31:13,

32:14, 33:3, 33:20,

33:23, 34:2, 34:5,

35:13, 36:1, 36:11,

36:15, 36:20, 37:12,

37:15, 37:19, 37:23,

38:17, 38:20, 39:2,

39:6, 41:5, 41:20,

42:14, 42:19, 42:24,

43:14, 46:5, 48:15,

55:14, 58:8, 59:13,

59:22, 60:20, 61:20,

63:8, 63:13, 63:18,

64:9, 66:22, 66:24,

68:4, 68:7, 68:13,

68:20, 68:25, 70:13,

71:1, 72:8, 75:11,

76:6, 76:10, 76:13,

76:17, 78:8, 79:7,

79:16, 80:14, 80:24,

81:13, 81:19, 81:25,

82:3, 82:10, 82:15,

82:21, 82:25, 83:10,

83:16, 83:19, 83:23,

84:3, 84:8, 84:19

nine [1] - 4:5

NJ [3] - 1:24, 2:11,

2:24

NO [2] - 1:2, 3:9

nominee [9] - 14:24,

16:9, 62:19, 63:3,

65:5, 65:10, 65:24,

78:17, 79:4

non [1] - 27:9

non-clients [1] - 27:9

none [2] - 7:12, 72:25

nonsensical [1] - 81:2

Notary [3] - 1:17, 86:7,

86:24

note [26] - 4:10, 4:14,

74:1, 74:5, 74:7,

74:11, 74:15, 74:25,

75:5, 75:8, 75:18,

75:19, 76:2, 76:23,

77:4, 77:6, 77:18,

78:19, 79:18, 79:19,

79:22, 79:24, 80:5,

80:9, 84:3

Note [2] - 3:16, 3:18

noted [1] - 85:11

notes [3] - 1:12,

35:12, 78:19

nothing [3] - 6:1, 6:2,

72:17

Notice [1] - 1:21

notice [1] - 79:9

number [7] - 6:2, 19:3,

35:9, 50:5, 69:24,

74:16, 75:6

Oobfuscational [1] -

29:15

object [15] - 13:19,

26:6, 26:16, 28:20,

36:15, 38:17, 41:20,

41:21, 68:4, 72:8,

75:11, 78:8, 80:24,

82:1, 83:16

objected [2] - 13:23,

75:17

objecting [1] - 33:21

objection [63] - 8:3,

8:4, 9:24, 9:25,

11:24, 13:8, 14:10,

15:22, 16:7, 17:7,

17:8, 18:9, 19:24,

20:17, 20:25, 21:2,

21:10, 26:15, 26:18,

26:25, 27:3, 27:22,

29:1, 29:7, 29:24,

31:13, 32:14, 33:3,

33:20, 34:3, 35:13,

36:1, 38:19, 38:21,

38:24, 39:2, 39:4,

41:5, 42:14, 42:19,

43:14, 46:5, 48:15,

55:14, 58:8, 60:20,

61:20, 61:22, 63:8,

63:11, 63:16, 64:9,

66:22, 66:23, 70:13,

71:1, 71:6, 78:13,

79:8, 80:14, 81:1,

84:3, 84:8

objectionable [1] -

82:9

objections [1] - 84:14

obligation [1] - 74:11

obligations [1] - 53:8

obtained [1] - 29:4

obviously [1] - 59:10

OF [2] - 1:1, 1:5

office [9] - 1:18, 9:8,

18:17, 50:22, 50:23,

69:12, 74:3, 76:25,

77:2

officers [1] - 50:8

Officers [1] - 50:14

once [1] - 78:21

one [28] - 8:24, 9:2,

9:7, 16:15, 16:23,

16:25, 28:4, 30:23,

43:18, 43:23, 49:15,

49:16, 49:17, 54:3,

54:4, 54:7, 55:25,

58:24, 59:24, 61:14,

73:16, 75:9, 77:9,

77:16, 78:19, 83:6,

83:24

opinion [1] - 71:8

opportunity [1] -

16:19

options [1] - 6:21

ORAL [1] - 1:4

orally [1] - 25:6

order [3] - 35:11,

77:20, 78:2

original [3] - 5:22,

80:5, 80:9

otherwise [1] - 55:12

outset [1] - 5:9

outside [4] - 15:23,

16:2, 78:9, 79:9

own [2] - 35:16, 70:6

owner [6] - 31:11,

47:16, 47:25, 48:23,

79:19, 79:21

Pp.m [1] - 85:11

P.O [1] - 2:6

page [28] - 4:9, 4:13,

9:1, 16:24, 17:18,

18:18, 43:18, 43:23,

43:25, 44:14, 44:16,

44:19, 49:12, 49:15,

49:24, 49:25, 50:1,

50:2, 50:16, 51:6,

52:8, 52:20, 54:3,

58:24, 59:1, 62:10,

77:3

PAGE [1] - 3:2

pages [11] - 4:1, 4:5,

4:17, 16:25, 51:5,

52:4, 52:10, 52:11,

58:17, 58:20, 62:9

paper [4] - 22:1,

22:10, 22:20, 23:6

paragraph [32] -

14:15, 14:17, 17:23,

48:19, 49:6, 53:6,

53:13, 54:4, 54:7,

55:25, 56:14, 56:15,

56:19, 56:24, 58:13,

58:18, 59:1, 59:8,

60:4, 60:11, 60:15,

73:15, 73:18, 73:19,

73:25, 74:2, 74:6,

74:9, 74:10, 74:13,

74:15, 74:20

paralegals [2] - 30:23,

66:5

parentheses [1] - 53:3

part [4] - 40:1, 40:2,

47:1, 52:12

particular [1] - 73:24

particularly [1] - 25:2

parties [3] - 53:8,

60:5, 86:14

partner [4] - 15:11,

15:13, 23:17, 51:8

party [1] - 81:4

pass [2] - 8:11, 15:2

Pass [3] - 1:5, 9:12,

11:16

pass-through [2] -

8:11, 15:2

Pass-Through [3] -

1:5, 9:12, 11:16

passed [2] - 32:7, 70:7

pay [2] - 77:20, 78:2

people [1] - 70:3

percent [1] - 70:23

perfectly [2] - 67:2,

70:24

perform [2] - 57:19,

58:1

performs [1] - 53:9

period [2] - 4:10, 4:14

Period [2] - 3:15, 3:17

person [4] - 31:7,

80:4, 80:8, 80:11

personal [1] - 20:13

personally [2] - 33:7,

33:15

petitioned [1] - 83:14

pg [1] - 3:21

pgs [5] - 3:10, 3:12,

3:16, 3:18, 3:20

phrase [4] - 54:11,

54:15, 54:20, 63:21

physical [2] - 80:4,

80:8

piece [2] - 22:10,

22:20

pieces [1] - 39:13

7

place [3] - 65:17, 66:4,

86:10

placed [1] - 77:18

places [1] - 74:16

plaintiff [20] - 8:1, 8:7,

8:12, 8:15, 8:16, 9:9,

9:17, 9:21, 9:22,

10:8, 10:12, 10:14,

10:17, 10:18, 10:21,

11:23, 15:3, 19:23,

20:4, 58:5

Plaintiff [1] - 1:7

Plaintiffs [1] - 2:8

point [6] - 14:3, 40:6,

40:25, 63:19, 78:11,

79:12

points [1] - 84:20

policies [22] - 66:3,

66:9, 66:11, 67:14,

67:17, 67:18, 68:7,

68:22, 69:5, 69:13,

69:18, 69:21, 70:4,

70:16, 70:19, 70:20,

71:5, 71:9, 71:15,

72:22, 72:23

portion [2] - 15:19,

63:5

pose [1] - 29:18

position [8] - 12:16,

18:6, 18:22, 23:12,

37:17, 61:24, 81:11,

82:11

positive [2] - 76:25,

77:1

possession [6] -

74:25, 75:5, 75:18,

75:19, 80:5, 80:8

possessor [3] - 79:24,

80:2, 80:3

possible [1] - 56:16

possibly [1] - 76:16

potentially [1] - 82:16

power [7] - 45:11,

45:17, 45:25, 46:12,

47:20, 47:21, 48:17

powers [2] - 19:9,

45:8

precise [1] - 29:18

precisely [1] - 40:11

president [3] - 61:4,

77:22, 78:5

presidents [3] - 44:9,

45:6, 73:8

presumably [1] -

70:16

previous [2] - 20:7,

81:1

previously [7] - 20:2,

31:17, 32:19, 38:9,

40:13, 72:17, 72:20

print [1] - 43:24

printed [1] - 22:1

privilege [28] - 12:9,

13:18, 13:20, 14:11,

26:14, 26:17, 27:4,

29:1, 29:2, 36:16,

36:25, 37:5, 37:11,

38:3, 38:18, 38:19,

38:20, 59:20, 82:9,

82:18, 82:20, 82:23,

83:1, 83:5, 84:14,

84:24, 85:1, 85:4

privileged [30] - 11:25,

12:2, 12:5, 12:19,

12:22, 13:7, 13:13,

14:3, 26:7, 26:19,

27:1, 36:23, 37:3,

37:16, 37:18, 37:22,

37:25, 41:21, 41:24,

59:12, 59:19, 68:5,

68:6, 68:8, 68:9,

68:12, 80:14, 81:18,

84:8, 84:10

problem [5] - 23:14,

24:9, 34:8, 52:2

problems [2] - 5:8,

76:9

procedures [23] -

35:10, 35:17, 39:15,

48:8, 65:23, 66:4,

66:9, 66:11, 67:15,

67:17, 67:19, 68:8,

68:23, 69:5, 69:13,

69:19, 69:21, 70:4,

70:16, 70:20, 71:15,

72:22, 72:23

proceeding [3] -

47:17, 48:1, 48:24

proceedings [2] -

1:13, 48:17

processes [6] - 34:21,

35:4, 35:9, 35:17,

39:15, 65:23

produced [7] - 5:23,

18:17, 28:17, 50:22,

75:9, 76:24, 77:1

product [4] - 68:5,

68:11, 68:18, 71:22

Professional [2] -

1:16, 86:5

proofs [1] - 49:2

proper [2] - 66:6

properly [11] - 10:16,

33:19, 33:22, 33:25,

34:6, 34:10, 40:15,

44:12, 49:21, 53:3,

57:20

property [2] - 47:3,

73:24

protect [3] - 47:15,

47:24, 48:22

protected [4] - 68:11,

82:17, 82:19, 83:1

proven [1] - 40:10

provided [4] - 18:13,

31:8, 60:7, 71:20

provision [1] - 62:11

Public [3] - 1:17, 86:7,

86:24

public [3] - 35:14,

35:21, 39:14

purported [1] - 62:22

purports [1] - 9:6

purpose [2] - 11:5,

53:6

purposes [3] - 13:24,

76:6, 84:19

pursuant [1] - 1:21

put [6] - 12:12, 12:24,

13:1, 52:3, 59:15,

84:20

putting [3] - 22:10,

40:5, 50:12

Qquality [1] - 70:1

questioning [2] - 78:9,

80:25

questions [9] - 5:18,

76:3, 79:6, 79:12,

79:17, 82:22, 82:25,

84:22, 84:25

quite [1] - 10:14

quote [1] - 40:13

quotes [1] - 53:3

Rraise [2] - 38:20, 38:23

rate [2] - 4:10, 4:14

Rate [2] - 3:16, 3:18

rather [2] - 25:1, 49:6

re [1] - 13:5

re-think [1] - 13:5

read [29] - 14:20, 15:5,

25:14, 25:15, 36:11,

36:13, 38:22, 38:25,

42:24, 44:12, 48:5,

48:9, 48:10, 49:5,

49:7, 50:11, 53:3,

54:13, 55:5, 57:20,

57:23, 64:22, 64:24,

72:5, 72:6, 72:15,

73:14, 73:23, 78:22

reading [4] - 49:10,

61:5, 74:17, 74:19

reads [1] - 53:6

real [1] - 73:24

really [1] - 16:1

realm [1] - 82:22

Realtime [2] - 1:16,

86:6

reasons [1] - 70:22

received [1] - 52:4

recess [3] - 23:10,

56:18, 76:20

recited [2] - 9:18,

10:16

reciting [1] - 53:2

recollection [7] -

20:21, 21:7, 21:12,

22:14, 22:22, 29:11,

65:21

record [24] - 9:18,

10:15, 11:17, 13:17,

13:22, 13:24, 14:21,

15:5, 16:13, 16:14,

18:13, 23:11, 36:20,

37:18, 39:20, 40:6,

49:6, 49:11, 50:12,

52:3, 53:4, 73:15,

84:20, 84:22

recorded [1] - 74:3

records [34] - 25:19,

25:25, 27:7, 27:17,

28:3, 28:6, 28:12,

29:20, 29:23, 31:18,

32:19, 32:25, 33:1,

33:5, 34:21, 35:4,

35:7, 35:14, 35:19,

35:22, 36:3, 38:2,

38:9, 38:15, 39:11,

39:14, 39:15, 41:1,

41:10, 41:16, 42:11,

42:16, 42:22, 43:3

recourse [2] - 77:21,

78:3

refer [1] - 40:12

reference [7] - 56:22,

58:13, 62:24, 63:21,

74:1, 74:20, 74:22

referenced [9] - 3:14,

9:17, 50:16, 54:4,

58:18, 59:1, 72:20,

74:5, 85:10

references [5] - 53:25,

59:23, 73:21, 73:25,

74:15

referencing [1] - 54:11

referred [3] - 7:17,

10:17, 59:8

referring [2] - 44:4,

60:1

reflects [1] - 51:10

refresh [7] - 20:20,

21:7, 21:12, 22:14,

22:22, 29:11, 65:21

refusing [1] - 13:14

regard [3] - 5:5, 11:22,

30:3

regarding [3] - 27:18,

48:1, 48:24

registered [56] - 19:5,

19:6, 19:17, 19:21,

20:4, 20:15, 20:22,

22:16, 22:24, 23:24,

24:4, 24:14, 25:9,

26:2, 27:19, 30:12,

31:11, 32:10, 33:19,

33:22, 33:25, 34:6,

34:11, 34:15, 35:23,

36:8, 45:13, 45:14,

45:21, 45:22, 46:2,

46:9, 46:10, 46:14,

46:15, 46:22, 46:23,

47:4, 47:5, 48:2,

48:25, 49:1, 53:11,

54:8, 55:3, 55:7,

55:9, 55:10, 55:12,

55:19, 56:9, 62:13,

62:14, 73:9, 73:10,

74:3

Registered [2] - 1:15,

86:5

Registration [16] -

3:19, 14:23, 17:2,

17:20, 18:5, 28:9,

44:10, 45:7, 50:14,

52:23, 60:6, 61:9,

61:18, 62:18, 65:5,

65:10

registration [4] - 4:18,

16:23, 44:1, 50:7

relate [2] - 37:24, 56:8

related [5] - 42:5,

42:6, 55:6, 55:9,

86:13

relates [1] - 36:22

relating [4] - 53:10,

54:8, 55:2, 55:18

relationship [8] - 7:24,

8:9, 9:16, 13:7,

23:19, 26:12, 26:14,

27:5

relative [1] - 86:15

release [2] - 46:13,

46:21

relevant [4] - 18:7,

18:11, 18:18, 76:3

reliance [1] - 25:19

relied [23] - 25:25,

27:7, 27:17, 28:1,

28:3, 28:6, 28:18,

28:24, 29:20, 31:18,

31:25, 33:1, 33:2,

33:4, 33:5, 36:5,

38:8, 38:15, 39:13,

41:2, 41:11, 42:16,

42:21

religiously [1] - 70:3

8

rely [19] - 26:11, 29:5,

29:8, 29:23, 34:22,

35:10, 35:14, 35:16,

35:19, 39:10, 41:14,

41:17, 41:25, 42:9,

42:11, 42:15, 42:20,

43:2, 43:6

relying [2] - 35:8, 70:7

remaining [1] - 16:25

remember [1] - 67:24

repeat [11] - 10:5,

10:13, 10:17, 25:13,

26:23, 31:15, 32:17,

43:15, 64:11, 72:4,

72:14

rephrase [13] - 11:10,

20:12, 27:23, 28:2,

28:16, 30:24, 38:7,

38:13, 54:25, 56:4,

63:24, 70:18, 79:23

reported [1] - 32:9

Reporter [6] - 1:15,

1:16, 1:17, 86:5,

86:6

reporter [6] - 25:16,

36:14, 39:1, 64:25,

72:7, 72:16

REPORTERS [4] -

1:23, 1:23, 2:23,

2:23

represent [12] - 5:2,

6:23, 9:21, 10:11,

10:23, 11:8, 11:12,

11:13, 18:12, 58:5,

77:4, 77:6

representation [1] -

11:23

representing [2] - 8:6,

10:10

request [3] - 12:13,

12:24, 59:15

requested [2] - 13:22,

83:13

research [3] - 66:6,

70:5, 71:13

Resolution [1] - 3:20

resolution [23] - 4:19,

16:24, 17:19, 17:21,

18:1, 18:7, 18:22,

19:10, 44:2, 46:7,

51:1, 52:8, 53:10,

54:1, 54:4, 55:6,

55:9, 58:25, 59:4,

60:14, 61:25, 62:11,

73:5

resolutions [1] - 61:19

resolved [1] - 44:6

respects [1] - 6:18

respond [2] - 12:14,

12:25

response [1] - 18:14

responsible [1] - 60:6

rest [1] - 84:22

result [3] - 32:8,

34:13, 34:20

results [3] - 35:16,

39:14, 82:17

retainer [12] - 11:21,

12:2, 12:5, 12:8,

12:17, 12:18, 13:5,

14:2, 14:4, 14:5,

14:12, 58:4

revelation [1] - 59:20

review [4] - 8:19,

16:19, 75:24, 75:25

reviewed [2] - 9:6,

36:4

reviewing [2] - 34:13,

76:4

revoked [1] - 60:14

ridiculous [1] - 14:11

rights [3] - 19:3, 48:6,

53:8

Road [1] - 2:11

routinely [1] - 34:22

rules [5] - 12:11,

40:16, 40:19, 40:24

SSanchez [2] - 77:22,

78:4

saw [3] - 32:18, 32:21,

32:23

scope [3] - 5:7, 15:23,

78:10

scrolled [1] - 22:1

search [1] - 32:8

second [11] - 8:23,

8:24, 37:2, 46:12,

51:5, 52:10, 56:24,

60:4, 67:18, 74:9,

78:23

secretaries [3] - 44:9,

45:5, 73:8

secretary [1] - 61:10

section [2] - 54:7,

62:23

securing [1] - 47:3

Securities [9] - 1:4,

6:11, 6:17, 7:2, 7:25,

8:10, 9:11, 11:9,

80:19

securities [5] - 6:7,

11:19, 11:20, 15:1,

80:23

see [12] - 14:17, 16:22,

47:5, 49:19, 51:3,

54:1, 54:11, 56:23,

59:11, 60:15, 73:19,

74:13

seeing [1] - 38:4

seeking [1] - 84:21

seem [4] - 18:19,

24:25, 48:7, 49:9

self [1] - 29:14

self-defining [1] -

29:14

send [2] - 9:2, 12:9

sense [2] - 37:15, 40:2

sent [3] - 22:1, 37:16,

37:22

sentence [3] - 15:7,

56:23, 60:4

separate [4] - 57:5,

57:18, 57:25, 59:23

series [2] - 8:12, 15:3

Series [5] - 1:5, 3:10,

3:12, 9:13, 11:16

served [1] - 15:20

Service [1] - 77:23

serviced [7] - 53:12,

54:10, 55:4, 55:8,

55:11, 55:20, 56:10

services [2] - 57:19,

58:1

Servicing [1] - 11:15

servicing [8] - 7:16,

9:19, 9:20, 9:22,

10:7, 10:11, 11:8,

11:18

set [4] - 40:18, 40:19,

55:25, 86:11

seven [1] - 60:11

several [2] - 34:21,

35:3

shakes [1] - 58:10

shall [2] - 60:13, 60:14

share [1] - 40:6

Sheffield [3] - 1:19,

2:5, 4:22

short [4] - 23:10,

56:16, 56:18, 76:20

SHORTHAND [2] -

1:23, 2:23

show [3] - 8:18, 16:17,

75:21

showed [3] - 31:9,

35:23, 51:1

shown [14] - 19:6,

45:14, 45:22, 46:10,

46:15, 46:23, 47:4,

48:25, 53:11, 54:9,

55:3, 55:20, 62:13,

73:10

sic [1] - 11:15

sign [4] - 15:17, 18:3,

51:20, 70:17

signatory [1] - 61:2

signature [6] - 51:16,

51:17, 51:20, 51:22,

52:1, 61:6

signatures [1] - 49:15

signed [16] - 8:20,

15:11, 15:15, 51:7,

51:23, 54:14, 54:17,

56:21, 65:25, 69:16,

70:8, 73:1, 77:7,

77:22, 78:4, 79:20

signing [20] - 17:1,

49:13, 51:6, 51:11,

51:13, 51:14, 51:18,

52:10, 52:21, 53:7,

54:5, 54:14, 56:1,

56:3, 56:4, 56:7,

56:8, 59:9, 61:25,

73:2

simple [1] - 59:18

simply [3] - 7:10,

12:10, 12:21

single [4] - 52:12,

71:10, 73:22, 78:7

sit [1] - 60:1

solicit [1] - 83:2

someone [3] - 30:18,

31:23, 31:24

somewhat [1] - 5:6

sorry [2] - 42:24,

54:24

sort [3] - 5:7, 6:21,

49:14

source [2] - 25:5, 35:2

sources [1] - 39:13

speaking [2] - 14:17,

73:19

speaks [2] - 8:5, 59:22

specific [9] - 7:14,

19:25, 39:7, 48:6,

51:4, 55:1, 55:25,

63:16, 70:1

specifically [17] -

7:12, 7:19, 14:20,

30:5, 30:6, 30:8,

32:15, 32:20, 36:2,

50:2, 51:14, 65:16,

68:1, 68:3, 68:16,

69:5, 69:7

specificity [1] - 7:6

specifics [2] - 38:11,

68:22

speculate [1] - 21:4

staff [4] - 66:5, 69:12,

70:15, 71:21

stamped [2] - 5:21,

75:22

stand [3] - 13:8,

26:15, 34:25

standard [3] - 40:16,

40:19, 40:24

standing [2] - 12:15,

84:9

stands [2] - 39:3,

72:13

start [4] - 26:10,

45:11, 52:21, 77:17

starting [2] - 35:12,

73:18

starts [1] - 74:10

State [3] - 1:17, 86:7,

86:25

states [3] - 45:3, 47:1,

62:17

stenographic [1] -

1:12

steps [4] - 65:8, 65:13,

65:16, 65:22

still [8] - 22:2, 22:4,

27:10, 35:5, 60:19,

66:10, 66:15, 84:4

stop [1] - 76:15

straightforward [1] -

25:1

Street [3] - 1:19, 2:5,

4:23

subsidiary [1] - 52:22

sufficient [1] - 12:10

suggests [1] - 20:9

Suite [3] - 1:19, 2:5,

4:23

summary [1] - 5:24

Summary [2] - 3:13,

4:7

SUPERIOR [1] - 1:1

support [4] - 3:13, 4:6,

25:7, 66:5

supposed [1] - 52:9

sworn [2] - 4:24,

86:10

system [2] - 31:11,

55:10

System [39] - 19:5,

19:17, 19:21, 20:5,

20:15, 20:23, 22:16,

22:24, 24:16, 25:9,

26:2, 27:20, 34:16,

35:24, 36:9, 45:14,

45:22, 46:2, 46:9,

46:14, 46:23, 47:4,

48:2, 48:25, 53:11,

53:12, 54:9, 55:3,

55:4, 55:7, 55:11,

55:13, 55:19, 55:20,

56:9, 60:9, 62:13,

73:10

systems [4] - 4:19,

16:24, 44:1, 50:7

Systems [16] - 3:20,

14:24, 17:2, 17:20,

18:5, 28:9, 44:10,

45:7, 50:14, 52:23,

9

60:6, 61:9, 61:18,

62:19, 65:5, 65:10

Tterm [4] - 23:14,

23:15, 29:14, 40:22

terminate [1] - 60:13

termination [1] -

60:11

terms [8] - 8:25, 14:5,

25:1, 29:18, 38:11,

53:2, 57:23, 76:2

testified [5] - 32:23,

33:9, 40:13, 59:25,

71:7

testifies [1] - 4:24

testify [3] - 28:21,

37:10, 39:12

testimony [16] - 7:10,

16:1, 39:8, 39:18,

39:19, 40:23, 41:7,

41:9, 42:23, 43:5,

63:11, 64:10, 65:19,

70:25, 71:2, 71:8

THE [1] - 1:4

therein [2] - 14:16,

74:11

thereon [1] - 74:12

thinking [2] - 27:10,

27:11

third [5] - 47:1, 51:5,

52:10, 55:15, 73:15

three [7] - 4:1, 16:25,

28:18, 29:21, 39:13,

53:2, 63:20

timing [1] - 76:7

title [2] - 43:24, 49:14

today [8] - 14:3, 51:1,

54:21, 67:20, 68:2,

68:16, 69:6, 70:21

together [1] - 74:10

took [1] - 65:8

top [1] - 81:6

total [1] - 6:18

totally [1] - 77:5

towards [1] - 36:17

transcript [3] - 1:12,

49:9, 86:8

treasurer [1] - 61:11

trickery [1] - 40:2

true [1] - 86:8

trustee [5] - 1:3, 6:6,

9:11, 11:14, 15:1

try [4] - 31:16, 41:23,

64:12, 65:2

trying [1] - 81:1

turn [1] - 22:14

twenty [1] - 4:1

Twenty [1] - 4:5

Twenty-nine [1] - 4:5

twenty-three [1] - 4:1

twice [1] - 78:21

two [20] - 6:21, 7:6,

16:22, 25:7, 42:4,

42:8, 51:6, 52:20,

56:14, 56:15, 56:19,

58:14, 58:19, 59:1,

59:8, 63:15, 77:10,

77:15, 78:18

typed [1] - 22:1

types [2] - 38:6, 38:8

Uunclear [1] - 15:7

under [5] - 12:10,

49:3, 59:16, 73:16,

85:3

understood [1] - 25:2

unless [2] - 27:4, 77:4

unrecorded [1] - 15:4

up [2] - 40:22, 76:18

UPON [1] - 1:4

upper [1] - 43:25

USA [12] - 1:3, 6:6,

9:10, 10:23, 11:1,

11:4, 11:11, 11:13,

14:25, 16:10, 73:17,

80:15

usual [1] - 65:13

Vvalidates [1] - 70:3

various [7] - 18:3,

25:19, 25:24, 27:6,

28:4, 29:21, 70:22

vendor [11] - 53:8,

53:13, 53:14, 53:18,

57:6, 57:12, 57:14,

57:18, 58:19, 60:8,

60:12

vendor's [1] - 56:8

verb [2] - 22:9, 36:5

vice [6] - 44:9, 45:6,

61:4, 73:8, 77:22,

78:5

Vickie [2] - 77:22, 78:4

view [1] - 40:6

virtue [2] - 10:10,

19:10

vs [2] - 6:7, 11:11

Wwait [3] - 37:2, 37:21,

67:18

waiting [1] - 84:4

warmer [1] - 22:4

ways [1] - 75:6

website [19] - 29:25,

30:1, 30:10, 30:15,

30:18, 31:2, 31:8,

31:9, 31:19, 31:25,

32:5, 32:9, 33:6,

33:10, 33:15, 33:18,

34:14, 34:24, 35:2

Weigel [1] - 73:18

welcome [3] - 12:12,

17:14, 68:21

Wells [151] - 1:4, 6:7,

6:9, 6:10, 6:11, 6:13,

6:15, 6:16, 6:17,

6:20, 6:22, 6:24,

6:25, 7:1, 7:2, 7:7,

7:10, 7:15, 7:16,

7:25, 8:10, 9:11,

9:17, 11:9, 11:14,

15:1, 17:3, 19:6,

19:7, 23:24, 23:25,

24:5, 24:14, 24:15,

25:10, 26:2, 26:3,

27:20, 27:21, 28:8,

28:13, 29:6, 29:22,

30:13, 31:10, 32:10,

32:11, 33:25, 34:1,

34:16, 34:17, 35:6,

35:20, 35:24, 35:25,

36:4, 36:9, 36:10,

37:8, 37:18, 37:22,

38:10, 38:14, 39:10,

39:16, 41:2, 41:11,

41:14, 41:16, 41:25,

42:2, 42:5, 42:6,

42:9, 45:14, 45:15,

45:22, 45:23, 46:2,

46:3, 46:10, 46:11,

46:15, 46:16, 46:23,

46:24, 47:10, 49:18,

50:3, 50:4, 52:23,

52:24, 53:22, 53:23,

56:19, 56:20, 57:1,

57:2, 57:12, 57:13,

57:23, 57:24, 58:1,

58:2, 59:5, 60:18,

60:19, 62:14, 62:15,

63:21, 63:22, 64:1,

64:2, 64:7, 64:16,

66:20, 66:21, 67:6,

67:7, 67:11, 67:12,

70:10, 70:11, 72:1,

72:9, 72:11, 77:21,

78:3, 78:20, 78:22,

78:23, 79:11, 79:13,

80:19, 80:23, 84:5,

84:6

WESTWOOD [2] -

1:24, 2:24

Westwood [1] - 2:11

whatsoever [1] - 25:7

whichever [1] - 35:12

10

whole [1] - 78:9

William [1] - 52:18

willing [1] - 34:7

wish [1] - 35:11

withdraw [3] - 56:13,

61:23, 65:1

withdrawing [1] -

36:18

WITNESS [1] - 3:2

witness [11] - 10:4,

16:17, 17:13, 36:21,

39:8, 58:10, 59:25,

78:10, 79:1, 79:8,

79:15

witness' [1] - 16:1

woman [1] - 73:22

word [5] - 21:25,

24:10, 25:4, 47:8,

52:16

words [5] - 7:6, 12:17,

27:8, 52:11, 63:20

writing [15] - 12:13,

12:25, 13:2, 21:22,

21:24, 21:25, 22:5,

22:6, 22:7, 22:9,

22:12, 24:25, 25:6,

40:21, 59:16

written [6] - 11:21,

12:16, 12:18, 14:8,

14:12, 66:3

XXIO1042 [3] - 1:15,

86:4, 86:25

ZZGA [8] - 28:25, 29:22,

30:25, 32:4, 33:10,

33:16, 34:13, 35:7

Zucker [45] - 3:11, 4:3,

4:22, 8:21, 15:11,

15:14, 17:4, 17:22,

18:1, 18:23, 19:2,

19:9, 23:13, 23:20,

27:12, 28:4, 28:12,

31:24, 44:8, 45:4,

45:9, 46:8, 46:21,

47:22, 48:20, 49:16,

50:2, 51:7, 52:5,

52:25, 53:15, 53:21,

57:6, 57:14, 57:25,

60:17, 73:7, 80:12,

80:16, 81:5, 81:7,

82:6, 82:12, 83:7,

83:14

ZUCKER [2] - 1:18,

2:4

the deposition of michael ackerman, esq. of the nj law firm zucker, ackerman, and goldberg

Documents

denbeaux denbeaux

ackerman direct

goldberg ackerman

n d e x

im joshua denbeaux

wells fargo na

hilde lezaron

page document