Foreclosure Defense Florida

In Foreclosure Cases, Courts Allow Banks To Conceal Or Fail To Produce Records

…And Still Get Foreclosure Granted

BY MR. WEIDNER:
8 Q Ma’am, you testified chapter and versus about
9 how business records are kept. And you testified very
10 competently, as the judge indicated, about the detail with
11 which records are kept.
12 Based on your knowledge of records, if a letter
13 like that is sent out, are there other records which
14 support that it was sent out? So, for instance,
15 specifically in Wells Fargo and Wachovia system is there a
16 correspondence log which would indicate that that letter
17 was generated and sent out?

18 A Yes, there is.

19 Q And can you point to that correspondence log
20 here in the courtroom?
21 A I don’t have the correspondence log with me at
22 this time, but all of our records that are transpired from
23 the time that we receive this document, it is also scanned
24 into our servicing — our portfolio for this loan.
25 Each loan that we do have has their own
1 individual portfolio with each document, each transaction,
2 the note, a copy of the note, a copy of the mortgage, a
3 copy of the demand letter, a copy of the payment history,
4 a copy of any loss mitigation actions that has been
5 provided on this case.
6 This one has been provide and it is also stored
7 in our records of business, and it is also inside of our
8 business transactions on our major screen systems MSP
9 system, where it is noted in there that — the date that
10 this letter has been sent out. And it says that the
11 mailed letter was sent out at whatever time. And it is
12 also transactions any additional notes or any other
13 letters that were sent out at that time also.
14 Q You have been very clear. And to be explicit,
15 what you’re telling the Court is that Wells Fargo
16 maintains a log of correspondence that is sent out?
17 A Correct.
18 Q And what you’re saying is that there would be
19 explicit database about that particular letter.
20 A That is correct.
21 Q And could you explain to me why if, in fact,
22 that’s the case, as you’ve just so competently testified,
23 that in fact there are business records which support that
24 that letter was sent out, could you explain to me why you
25 have not produced that in more than a year that we’ve
1 asked? And can you explain to me why you do not have that
2 record in the courtroom today?
3 THE COURT: Okay. Wait.
4 PLAINTIFF ATTORNEY: Objection.
5 THE COURT: Now we’re getting back into a
6 discovery problem.
7 PLAINTIFF ATTORNEY: Yes. Objection.

8 THE COURT: And you’re asking for her — you’re
9 asking a question to the witness that doesn’t have
10 knowledge of the discovery proceedings in terms of
11 that being something that was already addressed by
12 the Court. It’s not appropriate to ask her that.

13 BY MR. WEIDNER:
14 Q So are there business records that would support
15 your testimony that that letter was sent out?
16 A Yes, there is.
17 Q And you don’t have those business records in the
18 courtroom today; correct?
19 PLAINTIFF ATTORNEY: Objection. If she knows.
20 A I do not have those records at this time. I can
21 provide those records for you.
22 MR. WEIDNER: I’m glad that you’ve noted that
23 you don’t have them now, but that you could provide
24 them if you wish to.
25 No further questions regarding this, Your Honor.

1 MR. WEIDNER: I object to it. It’s hearsay, no foundation. There
2 is no — she hasn’t laid the proper business
3 predicate for that letter.
4 THE COURT: Okay. She has identified the
5 letter. She’s indicated that they have a record of
6 correspondence that indicates that it was sent when
7 she said it was sent.
8 MR. WEIDNER: I’m going to hand you —
9 THE COURT: No, no, no. Don’t say anything. I
10 find that that’s sufficient testimony to allow that
11 the letter be received into evidence. And I think
12 it’s number five?

AND AT SOME POINT IN TIME, YOU’VE JUST GOT TO REALIZE YOU’RE FIGHTING A LOSING BATTLE AND WALK AWAY WITH THE BEST SETTLEMENT FOR A CLIENT…..

22 PLAINTIFF ATTORNEY: We’ve got a settlement, Your
23 Honor.
24 THE COURT: Okay. Well, tell me about this.
25 MR. WEIDNER: Well, Your Honor, I would present
1 evidence that he tried to pay and that they in fact
2 rejected payment. But I’m not convinced that even if
3 that were so, that that would carry the day, and I
4 have to advise my client of such. So I find it
5 unfortunate, but…
6 PLAINTIFF ATTORNEY: It would be a consent to
7 final judgment. Our judgment form is here. And we
8 would write consent here, and ask for a sale date no
9 sooner than 150 days.
10 THE COURT: 150?
11 PLAINTIFF ATTORNEY: Yes. Keeping in mind that
12 this is — he lost his dad. His dad is the borrower.
13 And he’s going to try to make some arrangements —
14 you know.

5 THE COURT: And I will — Mr. Bailiff, if you
6 will hand all of these books to Mr. Weidner, because
7 I know he’ll make good use of them in the future.
8 MR. WEIDNER: Perhaps I’ll make better use of
9 them in another courtroom.
10 THE COURT: Well, I’m sure your
11 cross-examination and your argument in closing would
12 have been very persuasive. Maybe not controlling,
13 but very persuasive.
14 MR. WEIDNER: I wish I believed that. I doubt
15 it, frankly.

 

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