Things have gotten so very bad in courtrooms these days, that banks are able to waltz right in and saunter right back out with foreclosure judgments in their favor with nearly no effort. And while that’s bad enough, this case illustrates how Nationstar Mortgage failed to disclose a mortgage modification…and just waltzed out of court with a judgment.
5 Q And you testified previously that that
6 modification of mortgage modified the terms of the
7 note and mortgage that have been introduced in this
8 case. Correct?
9 A Yes.
10 Q And your — the exhibits indicates that at
11 some point in time Nationstar had in its possession
12 the original modification of mortgage. Correct?
13 A Yes.
14 Q And so the account history purports to
15 explain to the Court what amounts were due and owing
16 from the Defendant. Correct?
17 A Yes.
18 Q And the Complaint asserts that there was a
19 default in the amount of payments — in the amounts
20 received from the Defendant. Correct?
21 A Yes, it does.
22 Q And the documents that are attached to the
23 Complaint are the note and mortgage, which contain one
24 very specific principal amount and a very specific
25 payment amount. Correct?
Page 59
1 A Yes.
2 Q And we agree that that principal amount,
3 that payment amount, all of the terms of that note and
4 mortgage were changed with this modification.
5 Correct?
6 A No, they were not.
7 Q Well, the principal amount decreased
8 significantly. Correct?
9 A It did. Correct.
10 Q And we agree that modified the note and
11 mortgage. Correct?
12 A Yes, it did.
13 Q But we don’t have that modification here as
14 part of the Complaint, do we? You never alerted the
15 Court or the Defendant or me to that modification.
16 Correct?
17 A I do not know.
18 Q Well, these books and records reflect that
19 the terms of the note and mortgage changed. Correct?
20 A They were reflecting accurate payment
21 history for the account.
22 Q Right. And the books and records reflect
23 that the note and mortgage, attached to the Complaint,
24 were modified. Correct?
25 A There was a modification. Yes.
Page 60
1 Q Okay. And I was going to say you testified
2 about the boarding process. But the fact of the
3 matter is that I said, ‘we all know about the boarding
4 process.’ In some of the discovery I see, your
5 records reflect, that you knew — that Nationstar knew
6 there was a modification. Correct?
7 A Yes.
8 Q Yet Nationstar chose not to produce that
9 modification when they filed the lawsuit. Correct?
Q The original of what document?
2 A The document that is identified to the left
3 of ‘dash O-R-G.’
4 Q And, I’m sorry. I’d like for you to read
5 into the record what that says.
6 A Could you repeat the question.
7 Q We’re talking about that line there, that
8 we’re both looking at. And I’d like you to read that
9 into the record, please.
10 A If you could point out to which line you’re
11 referencing.
12 Q The one right after you read there. That
13 word that begins with the letter ‘M’.
14 A ‘Modification dash O-R-G.’
15 Q Tell me what that means, please.
16 A As I stated previously, that means that the
17 original modification was sent to Counsel.
18 Q The ‘original modification.’ What does
19 that mean?
20 A The original document.
Q Let’s be clear. That indication on there
4 indicates that there was a modification. Correct?
5 A Yes.
6 Q That modification modified the note and
7 mortgage that are at issue in this case. Correct?
8 A Yes.
9 MR. LEWIS: Objection. Speculation.
10 THE WITNESS: Yes.
11 Q (By Mr. Weidner) That modification, at
12 some point in time, Nationstar had an original.
13 Correct?
14 A Yes.
15 Q And that modification is not in the
16 courtroom today, is it?
17 A I do not snow.
18 Q That modification is not part of this
19 Complaint, is it?
20 A I do not know.
21 Q But it’s clear, from that record that you
22 have in your hand, that Nationstar was aware the
23 modifications existed. Correct?
24 A Yes.
25 Q It’s clear, from that record that you’re
Page 35
1 holding in your hand, that Nationstar was aware — and
2 just so we’re clear here. This document was produced
3 prior to when the lawsuit was filed?
4 A That is correct.
5 Q And so, from your own document — and up at
6 the top it says ‘Bailee letter,’ this document that
7 you’re holding in your hand indicates that Nationstar
8 had both a note, correct, an original?
9 A Yes.
10 Q An original recorded security instrument,
11 otherwise known as a mortgage. Correct?
12 A Yes.
13 Q ‘Title policy,’ there’s another important
14 one there. ‘Assignments hyphen original.’ So
15 Nationstar had assignments, plural. Correct?
16 A Not that I’m aware.
17 Q But this document says that Nationstar had
18 ‘assignments — plural — hyphen original.’ Correct?
19 A I’ve only reviewed one assignment.
20 Q Okay. So there is an assignment of
21 mortgage, and this document indicates there was an
22 original assignment of mortgage, that Nationstar was
23 in possession, prior to filing the lawsuit. Correct?
24 A Yes.
25 Q Okay. Just to be real clear here. That
Page 36
1 next one, ‘modification’ is checked. Correct?
2 A Yes, it is.
3 Q ‘Original’ is checked — or ‘original’ is
4 written there, correct, ‘O-R-G’?
5 A Yes.
6 Q And so it’s your testimony that this
7 document reflects the facts that there was, at least
8 one assignment, original. Correct?
9 A Yes.
10 Q That relates to this lawsuit. Correct?
11 A Correct.
12 Q And that there was at least one
13 modification. Correct?
14 A Correct.
15 Q And that you were in possession of an
16 original modification. Correct?
17 A Correct.
18 Q And both the assignment and the
19 modification, the modification modifies the note and
20 mortgage, correct, at issue in this case?
21 A Yes, it does.
Q (By Mr. Lewis) Ms. Thomas, have you had an
3 opportunity to review that power of attorney?
4 A Yes, I have.
5 Q Does that document state whether or not
6 Nationstar has the power to foreclose?
7 A Yes, it does.
8 Q Does that document state that Nationstar
9 has the power to foreclose for the trust that we’re
10 here for today?
11 MR. WEIDNER: Objection. Hearsay, lack of
12 foundation. Trust isn’t in, they don’t have the
13 trust here.
14 THE COURT: Objection is overruled.
15 Because I don’t think it does. There’s nothing
16 in that power of attorney, that you just handed
17 me, that has anything to do with Ann Strong.
18 There’s no connection between that power of
19 attorney, if that’s what she’s testifying to, and
20 this particular loan.
21 MR. LEWIS: That’s why I’m — right now,
22 Your Honor, I’m just trying to — because what I
23 first said, I’m trying to establish Nationstar’s
24 authority to foreclose for this trust.
25 THE COURT: Whose authority?
Page 23
1 MR. LEWIS: Nationstar has the power to
2 foreclose for this trust. Then go specific to
3 this loan.
4 THE COURT: Okay. Then you need to re-ask
5 your question in a different way. I don’t think
6 that’s what you were asking.
Q (By Mr. Lewis) Ms. Thomas, have you had an
3 opportunity to review that power of attorney?
4 A Yes, I have.
5 Q Does that document state whether or not
6 Nationstar has the power to foreclose?
7 A Yes, it does.
8 Q Does that document state that Nationstar
9 has the power to foreclose for the trust that we’re
10 here for today?
11 MR. WEIDNER: Objection. Hearsay, lack of
12 foundation. Trust isn’t in, they don’t have the
13 trust here.
14 THE COURT: Objection is overruled.
15 Because I don’t think it does. There’s nothing
16 in that power of attorney, that you just handed
17 me, that has anything to do with Ann Strong.
18 There’s no connection between that power of
19 attorney, if that’s what she’s testifying to, and
20 this particular loan.
21 MR. LEWIS: That’s why I’m — right now,
22 Your Honor, I’m just trying to — because what I
23 first said, I’m trying to establish Nationstar’s
24 authority to foreclose for this trust.
25 THE COURT: Whose authority?
Transcript of Proceedings October 29, 2015 – Cond
