CitiMortgage's Christine Odom's Deposition and Exhibits

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1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

2 IN AND FOR PALM BEACH COUNTY, FLORIDA
3 CASE NO. 50-2009 CA 043986
4
5
CITIMORTGAGE, INC.,
6
Plaintiff(s),
7
vs.
8
MARIE ST. FORT AND MARIE ANDRE,
9
Defendant(s).
10 __________________________________ /
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12
13
DEPOSITION OF CHRISTINE ODOM
14 TAKEN AT THE INSTANCE OF THE DEFENDANT(S)
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16
17
West Palm Beach, Florida
18 March 22, 2011
9:30 - 10:38 a.m.
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25
Florida Court Reporting 561-689-0999

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1 APPEARANCES:
2
3
4 SHAPIRO & FISHMAN, LLP
2424 N. Federal Hwy., Ste. 360
5 Boca Raton, Florida 33431
Attorneys for the Plaintiff(s)
6 By: CHAD M. MUNEY, ESQUIRE
MICHELLE B. BONDER, ESQUIRE
7 MARK C. HOLMBERG, ESQUIRE
8
9
10 KORTE & WORTMAN, P.A.
2041 Vista Parkway, Ste. #102
11 West Palm Beach, Florida 33411
Attorneys for the Defendant(s)
12 By: BRIAN K. KORTE, ESQUIRE.
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25

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1 - - -
2 I N D E X
3 - - -
4
WITNESS: PAGE
5
6 CHRISTINE ODOM
7
Direct Examination by Mr. Korte 4
8
Cross Examination by Mr. Muney 41
9
Redirect Examination by Mr. Korte 43
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- - -
12
E X H I B I T S
13
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14
15 NUMBER DESCRIPTION PAGE
16
DEFT'S EX. 1 NOTICE/LIS PENDENS, COMPLAINT, ETC 8
17
DEFT'S EX. 2 NOTICE/FILING COPY OF NOTE 8
18
DEFT'S EX. 3 NOTICE OF HEARING 8
19
DEFT'S EX. 4 DEFT'S MOTION/STRIKE AFFIDAVIT IN 8
20 SUPPORT OF PLTF'S MOTION/SUM. JDGMT
21 DEFT'S EX. 5 PLFT'S RESPONSES/DEFT'S 1ST REQUEST 8
FOR PRODUCTION
22
DEFT'S EX. 6 RE-NOTICE/TAKING DEPOSITION 12
23
24 PLFT'S EX. 1 12/25/09 LETTER TO SHAPIRO & FISHMAN 41
25

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1 Deposition of CHRISTINE ODOM was taken before me,

2 Wanda D. Good, Certified Professional Reporter, Notary
3 Public, State of Florida at Large, at 2041 Vista
4 Parkway, Suite #102, in the City of West Palm Beach,
5 County of Palm Beach, State of Florida, beginning at
6 the hour of 9:30 a.m., on March 22, 2011, pursuant to
7 notice filed herein, at the instance of the
8 Defendant(s) in the above-entitled cause pending before
9 the above-named court.
10 - - -
11 THEREUPON,
12 CHRISTINE ODOM,
13 being by me first duly sworn or affirmed to testify the
14 whole truth, as hereinunder certified, testified as
15 follows:
16 DIRECT EXAMINATION CHRISTINE ODOM
17 BY MR. KORTE:
18 Q. Ma'am, would you state your name for the
19 record, spelling your last.
20 A. Christine Odom, O-d-o-m.
21 Q. Ma'am, would you give me the benefit of our
22 educational background from the time you left college
23 going forward?
24 A. I only have a high school degree and a couple
25 of classes in college.

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1 Q. Okay. Where did you go to college?

2 A. Northlake in Irving, Texas.
3 Q. Can you give me the benefit of your
4 educational background from high school going -- your
5 work background going from high school forward?
6 A. I worked for Revco Drugstore in approximately
7 1982. I worked for Drugs for Less, and then I started
8 in the mortgage industry in 1986 with Lomas &
9 Nettleton.
10 Q. Can you spell that for me?
11 A. L-o-m-a-s & Nettleton, which is
12 N-e-t-t-l-e-t-o-n. I then went to Lion Funding, which
13 merged with Sunbelt National. Then I went to
14 Associate's Financial, and then it was Nation Home
15 Equity. Then back to Associate's Financial, and then
16 to Centex Home Equity, which is now Nationstar, which
17 is my current employer.
18 Q. What job title were you hired for at Centex
19 Home Equity?
20 A. Assistant vice-president.
21 Q. What title do you currently hold today at
22 Nationstar?
23 A. Vice-president.
24 Q. What are the duties for a vice-president at
25 Nationstar?

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1 A. For my title, it's in the foreclosure

2 department. My current duties are ancillary
3 departments as far as the litigation for foreclosures,
4 referrals, any of the ancillary departments that deal
5 with foreclosure.
6 Q. Anything else?
7 A. Vendor input or vendor setup, demand process,
8 acquisitions, compliance just for that area.
9 Q. Compliance for that area, you mean
10 acquisitions?
11 A. Compliance of the foreclosure, so new State
12 regulations. That's -- property preservation and
13 property inspections and hazard as it relates to
14 foreclosure hazard insurance.
15 Q. How many vice-presidents are there for
16 Nationstar who do what you do?
17 MR. MUNEY: Object to form.
18 THE WITNESS: Just me. Just one.
19 BY MR. KORTE:
20 Q. How many officers are in the corporate
21 structure at Nationstar that you're aware of that have
22 the same vice-president title as you?
24 THE WITNESS: Two other.
25 BY MR. KORTE:

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1 Q. Ma'am, when did you join Centex?

2 A. 1999.
3 Q. And you joined them as assistant
4 vice-president?
5 A. Yes.
6 Q. Ma'am, you've been brought here today as the
7 person with the most knowledge from CitiMortgage, Inc.
8 with regards to the transfer of the Note, calculation
9 of damages and affidavits for amounts due and owing; is
10 that correct?
11 A. Yes.
12 Q. Ma'am, what is your relationship to CitiBank
13 Mortgage -- or Citi Mortgage? I'm sorry.
14 A. We are the new servicer.
15 Q. Is it your testimony that you're the -- that
16 Nationstar is the servicer for CitiMortgage?
17 A. No. CitiMortgage -- we acquired loans from
18 CitiMortgage.
19 Q. When you say "acquired loans from
20 CitiMortgage," what does that mean?
21 A. We are now the new servicer. CitiMortgage
22 was the servicer. We're now the new servicer.
23 Q. Would it be fair to say that CitiMortgage was
24 taken out of the -- out of this loan at some point in
25 time?

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1 A. I have --
3 THE WITNESS: I have a Power of Attorney on
4 behalf of CitiMortgage.
5 BY MR. KORTE:
6 Q. Okay. Did Nationstar buy the loan itself or
7 just bought the servicing rights?
9 THE WITNESS: Can you clarify --
10 MR. KORTE: Sure.
11 THE WITNESS: -- your question?
12 MR. KORTE: Let's start with some easy ones.
13 I'm going to hand you what's going to be marked as
14 Defendant's 1, which is a copy of the complaint.
15 (Defendant Exhibit Nos. 1 through 5 were
16 marked for identification purposes only and are
17 attached hereto.)
18 (Document(s) handed to Counsel Muney.)
19 MR. KORTE: I have a spare, but go to either
20 one of them.
21 MR. MUNEY: Thanks.
22 (Document(s) handed to the witness.)
23 BY MR. KORTE:
24 Q. Ma'am, you've been handed what's been marked
25 as Defendant's 1.

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1 Have you ever seen this document before?

2 A. Yes.
3 Q. When is the first time that you saw this
4 document?
5 A. Yesterday.
6 Q. Do you see on the front page of this
7 Defendant's 1 where it says the Plaintiff is
8 CitiMortgage?
9 A. Yes.
10 Q. Ma'am, does CitiMortgage own the mortgage
11 note in this case?
13 MR. KORTE: What's wrong with the form?
14 MR. MUNEY: It's a form objection.
15 MR. KORTE: What's wrong with it?
16 MR. MUNEY: You're asking her to state a
17 legal conclusion.
18 BY MR. KORTE:
19 Q. Okay. Does Citi own this Note that's the
20 subject matter of this litigation?
21 MR. MUNEY: Same objection.
22 THE WITNESS: It's kind of a legal term. I
23 don't know how to answer that.
24 BY MR. KORTE:
25 Q. Okay. You're here today as the person with

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1 the most knowledge regarding the transfer of the Note,

2 correct?
3 A. Correct.
4 Q. What was the day that CitiMortgage received
5 the Note?
6 A. I do not know the -- I do not work for
7 CitiMortgage and do not work for Citi, so I don't know
8 that answer.
9 Q. You're here as the person with the most
10 knowledge in regards to CitiMortgage versus Marie
11 St. Fort, correct?
12 A. Yes.
13 Q. Case No. 2009 CA 043986, correct?
14 A. Yes.
15 Q. And I'm asking you as the person with the
16 most knowledge of the transfer of the Note the date the
17 Note was transferred to Citi, and you can't tell me the
18 answer to that question?
19 A. That is correct.
20 Q. What was the date that the Note was
21 transferred from Irwin Mortgage, if you know?
22 A. I don't know that question.
23 Q. What was date the Note was transferred to
24 Nationstar, if you know?
25 A. CitiMortgage is the holder of the Note, which

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1 has been sent to the attorneys.

2 Q. Well, let's back up.
3 Who owns the actual Note itself? Who is the
4 person who would receive payments if they were made?
5 MR. MUNEY: I'm going to object to form.
6 That's two separate questions.
7 MR. KORTE: Okay.
8 MR. MUNEY: Can you split them up?
9 BY MR. KORTE:
10 Q. Well, you told me that Nationstar is now the
11 servicer, correct?
12 A. Correct.
13 Q. And it took over servicing from CitiMortgage,
14 correct?
15 A. Correct.
16 Q. Who does Nationstar forward its payments to
17 after it services the loan?
19 THE WITNESS: Fannie Mae.
20 BY MR. KORTE:
21 Q. Why does it send the payments to Fannie Mae,
22 if you know?
23 A. They're the -- the owner of the Note.
24 Q. Who was the owner before Fannie Mae, if you
25 know?

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1 A. I don't know.
2 Q. Do you know if CitiMortgage was ever the
3 owner of the Note?
5 THE WITNESS: I can't -- I can't answer that
6 question.
7 BY MR. KORTE:
8 Q. Okay. As person with the most knowledge of
9 the assignment of the Note, can you tell me in what
10 year the Note was assigned to CitiMortgage?
12 Is that issue on your depo notice?
13 MR. KORTE: Can I mark that as six, please?
14 MR. MUNEY: And can you read back that last
15 question, please?
16 (Requested portion of record was read by the
17 reporter.)
18 (Defendant Exhibit No. 6 was marked for
19 identification purposes only and is attached
20 hereto.)
22 MR. MUNEY: I don't see any assignment of
23 note issue here.
24 MR. KORTE: Okay. Well, I'm asking you.
25 MR. MUNEY: Can you show me on that where it

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1 talks about assignment of note as your deposition

2 topic for today?
3 MR. KORTE: Absolutely, but I'm going to have
4 my question answered first, if she knows.
5 THE WITNESS: No.
6 BY MR. KORTE:
7 Q. You don't know?
8 A. (Shakes head back and forth.)
9 Q. Ma'am, I'm going to hand you what's been
10 marked as Defendant's No. 6. I'm going to hand this to
11 your lawyer, which he was provided a copy of weeks in
12 advance of today's deposition.
14 MR. MUNEY: Right. It says "Transfer of
15 Note." It doesn't say "Assignment of Note."
16 MR. KORTE: No problem.
17 BY MR. KORTE:
18 Q. Then let's do this: Ma'am, do you know what
19 day or year the Note was transferred from Irwin
20 Mortgage to CitiMortgage, the Plaintiff in this case?
21 A. No.
22 Q. Okay. Before coming here today, did you
23 speak to anyone besides your lawyer to become
24 acquainted with the issues the transfer of the Note?
25 A. No.

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1 Q. Ma'am, before coming here today, other than

2 getting documents from your lawyers, did you review any
3 documents before this deposition to educate yourself
4 about the transfer of the Note?
5 A. Can you -- can you clarify? Only about the
6 transfer of the Note?
7 Q. Ma'am, you're here today as the person with
8 the most knowledge in regards to the transfer of the
9 Note, correct?
10 A. Of the most knowledge of the -- of the
11 Complaint and so forth.
12 Q. I'm going to show you what's been marked as
13 Defendant's 5, ma'am.
14 Do you see the bold words here (indicating),
15 where I'm pointing to where it says "name"?
16 A. Can you restate your question then?
17 Q. As the person with the most knowledge of the
18 transfer of the Note, what documents did you review
19 before coming here today?
20 A. I reviewed our Mortgage, the Note, the
21 affidavits and the Complaint. That's all that I can
22 remember at this point.
23 Q. Did any of the documents that you reviewed
24 reference a date of transfer of the Note to
25 CitiMortgage?

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1 A. There was a Note with an endorsement that I

2 reviewed.
3 Q. Is that all you have that you reviewed that
4 had any indication of a transfer of the Note?
5 A. Yeah, it was the -- if was the endorsement,
6 if I can remember correctly, on -- from Irwin to Citi.
7 I don't have the document in front of me.
8 Q. Okay. If you had the document, would that
9 tell you the date of the transfer?
11 THE WITNESS: I don't recall without the
12 document in front of me.
13 MR. KORTE: I'm going to hand you what's been
14 marked as Defendant's 2.
15 (Document(s) handed to Counsel Muney and the
16 witness.)
17 BY MR. KORTE:
18 Q. Ma'am, this is a Notice of Filing the copy of
19 the Note. If you could review that document and let me
20 know when you're finished.
21 A. Okay.
22 Q. Ma'am, after reviewing Defendant's 2, can you
23 tell me the date of the transfer the Note to
24 CitiMortgage?
25 A. It does not have a date.

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1 Q. That wasn't my question.

2 A. No, I cannot.
3 Q. Ma'am, if you look back at Defendant's No. 1,
4 please, and find the Note contained in Defendant's 1 --
5 I apologize.
6 Ma'am, have you had an opportunity to look at
7 Defendant's 1, specifically the Note?
8 A. Yes.
9 Q. Ma'am, can you do me a favor and tell me if
10 there's an endorsement in blank on that Note.
11 A. No.
12 Q. Can you tell me when the endorsement found on
13 Defendant's 2 was added to that Note?
14 A. No.
15 Q. Would it be fair to say that all of your
16 knowledge regarding this case arises after the Note is
17 transferred from CitiMortgage to Nationstar?
19 THE WITNESS: Can you restate your question?
20 BY MR. KORTE:
21 Q. Sure. Would it be fair to say that all of
22 your knowledge regarding this Note arises after the
23 Note was transferred from CitiMortgage to Nationstar?
25 THE WITNESS: Can you restate the question

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1 another way?
2 BY MR. KORTE:
3 Q. Okay. Let's approach it in small pieces.
4 Did you ever speak to anybody from
5 CitiMortgage about this Note?
6 A. No.
7 Q. Did you ever speak to anybody at Irwin about
8 this Note?
9 A. No.
10 Q. Did you ever have an opportunity to go
11 through Irwin's records?
13 THE WITNESS: No.
14 BY MR. KORTE:
15 Q. Would it be fair to say that the documents
16 that you told me about before that you reviewed before
17 coming here today are contained in the Nationstar
18 system?
20 THE WITNESS: Yes.
21 BY MR. KORTE:
22 Q. Other than reviewing the Mortgage, the Note
23 the affidavit and the Complaint, you didn't review any
24 of the documents that CitiMortgage may have had?

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1 THE WITNESS: You'll have to restate your

2 question. I reviewed the documents that Citi had
3 that are attached here.
4 BY MR. KORTE:
5 Q. Okay. Did you physically go to CitiMortgage
6 at any time in your career to review their documents?
7 A. No.
8 Q. And you told me previously you never spoke
9 to -- you never spoke to anybody from CitiMortgage?
10 A. Regarding this loan.
11 Q. Correct. And you never physically went to
12 Irwin Mortgage either, correct?
13 A. Correct.
14 Q. Do you know if there were any other parties
15 between the time of the making of the Note by Irwin and
16 the time of the delivery of the documents to
17 CitiMortgage?
19 THE WITNESS: I don't have the knowledge on
20 that, no.
21 BY MR. KORTE:
22 Q. Do you know who CitiMortgage got the Note
23 from?
24 A. No.
25 Q. Do you know if CitiMortgage was the servicer

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1 of the Note before Nationstar?

2 A. Yes.
3 Q. Do you know who they were servicing for?
5 THE WITNESS: No.
6 BY MR. KORTE:
7 Q. Do you know when Fannie Mae came into
8 ownership of this Note?
9 A. No.
10 Q. Do you have any personal knowledge as to
11 whether or not CitiMortgage was servicing for itself?
13 THE WITNESS: No, I do not.
14 MR. KORTE: Can you hand back six, please?
15 (Document(s) handed to Counsel Korte.)
16 BY MR. KORTE:
17 Q. Ma'am, you've also been brought here today to
18 discuss the calculation of damages, correct?
19 A. Correct.
20 Q. Can you tell me how the damages were
21 calculated in this case?
23 THE WITNESS: You'll need to restate your
24 question differently, please.
25 BY MR. KORTE:

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1 Q. Okay. What part of my question don't you

2 understand?
3 A. Well, your question, so if you can restate
4 it.
5 Q. How much money is CitiMortgage seeking in
6 this case?
7 A. The amount that is in the Complaint as far as
8 the principal balance and the interest.
9 Q. Okay. Well, how much is the amount? How
10 much?
11 A. I don't have the current figures with me.
12 The figures in the Complaint are outdated.
13 Q. Okay. Well, can you tell me how the damage
14 calculation was actually done in this case?
16 THE WITNESS: How -- how they were done in
17 the Complaint?
18 MR. KORTE: No, ma'am.
20 MR. KORTE: Let me hand you back No. 6.
22 BY MR. KORTE:
23 Q. If you'd do me a favor and review the section
24 where you were brought here today as the person with
25 the most knowledge of the calculation of damages.

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1 Do you see that section, ma'am?

2 A. Yes.
3 Q. How were the damages calculated?
5 That was asked and answered.
6 MR. KORTE: There's no answer yet.
7 MR. MUNEY: She said it was the principal --
8 principal due plus the interest.
9 BY MR. KORTE:
10 Q. Is that the only way that it was done, ma'am?
11 A. And -- and expenses.
12 Q. Okay. So tell me, how much is the principal?
13 A. A hundred and seventy-two thousand, nine
14 twenty sixty-eight.
15 Q. And ma'am, how was that number arrived at?
16 A. The number would have been taken off the
17 system, the servicing system that would have been used
18 deducting any payments that were applied to the
19 account --
20 Q. And that would be the system --
21 A. -- from the origination.
22 Q. I apologize. I didn't mean to interrupt you.
23 A. That's okay.
24 Q. Ma'am, and that would have been the system of
25 CitiMortgage, correct?

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1 A. Correct.
2 Q. Do you have access to the CitiMortgage
3 system?
5 THE WITNESS: Not to their system.
6 BY MR. KORTE:
7 Q. Ma'am, so how do you know how they calculated
8 that number if you don't have access to their system?
10 THE WITNESS: Loans were and the data was
11 transferred to our company, so we have the data on
12 our system currently.
13 BY MR. KORTE:
14 Q. Before coming here today, ma'am, did you
15 review the amount of the principal?
16 A. Yes.
17 Q. Do you know how CitiMortgage got its numbers
18 to enter into the system that you ultimately took over
19 its data?
22 BY MR. KORTE:
23 Q. Ma'am, I think you told me earlier that this
24 loan was sometime originated by Irwin Mortgage,
25 correct?

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1 A. I did not tell you, but yes, it was.

2 Q. Okay. Do you know how Irwin Mortgage
3 calculated the principal balance?
5 THE WITNESS: I was not an employee of Irwin,
6 so I do not know.
7 BY MR. KORTE:
8 Q. And we don't know if there were any
9 intervening servicers or owners of this Note between
10 the time of the making by Irwin and the time it was
11 taken by Citi, correct?
13 THE WITNESS: I don't know that answer.
14 BY MR. KORTE:
15 Q. Do we know if there are any other records
16 besides those contained in Citi's mortgage?
17 A. State your question again?
18 Q. Do you know if there is any data by any other
19 parties besides CitiMortgage contained in
20 CitiMortgage's data that was taken by Nationstar?
22 THE WITNESS: No.
23 BY MR. KORTE:
24 Q. Would it be fair to say that your calculation
25 of damages, as you sit here today, is based upon the

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1 records of CitiMortgage?
3 THE WITNESS: Yes.
4 BY MR. KORTE:
5 Q. And would it also be fair to say that you
6 don't know how CitiMortgage calculated the damages?
8 MR. KORTE: Let me strike the question.
9 BY MR. KORTE:
10 Q. Would it be fair to say that you don't know
11 how CitiMortgage calculated the principal balance?
13 THE WITNESS: State your question another
14 way, please.
15 BY MR. KORTE:
16 Q. Do you know how the prior servicer,
17 CitiMortgage, calculated the damages?
18 A. Yes.
19 Q. Okay. How do you know that?
20 A. From the records that we have.
21 Q. Any other way?
22 A. No.
23 Q. Do you know how CitiMortgage got its initial
24 numbers from the prior owner or servicer of the Note?
25 A. No.

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2 BY MR. KORTE:
3 Q. Ma'am, did you do any independent research
4 before coming here today to determine the validity of
5 the principal balance number?
7 THE WITNESS: You need to restate that.
8 BY MR. KORTE:
9 Q. Okay. What did you do independently to
10 verify the validity of the $172,920.68 principal
11 balance claim?
12 MR. MUNEY: Object to form. Isn't that asked
13 and answered?
14 MR. KORTE: She asked me to restate it.
15 MR. MUNEY: Now it's restated. I think it
16 was asked and answered.
17 BY MR. KORTE:
18 Q. Ma'am, do you understand my question?
19 A. Yes.
20 Q. Can you tell me the answer?
21 A. Through our business records.
22 Q. You personally went through your business
23 records and independently verified that amount?

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1 BY MR. KORTE:
2 Q. Which business record did you go through to
3 make that calculation?
4 MR. MUNEY: Object to form. She didn't say
5 she made a calculation.
6 THE WITNESS: Correct.
7 BY MR. KORTE:
8 Q. Okay. What documents did you review to come
9 up with a $172,920.68?
10 A. Our system records.
11 Q. Those are the system notes?
13 THE WITNESS: Our system payment histories.
14 BY MR. KORTE:
15 Q. Can you tell me about the system payment
16 histories, how it's recorded and calculated?
18 THE WITNESS: It shows the balances, and it
19 shows the payments and how they're subtracted from
20 the principal balance.
21 BY MR. KORTE:
22 Q. Are those computerized records, ma'am?
23 A. Yes.
24 Q. Did you review any physical records to verify
25 the accuracy of that number?

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1 MR. MUNEY: Object to form. What's a

2 physical record?
3 BY MR. KORTE:
4 Q. Ma'am?
5 A. You'll have to restate your question.
6 Q. Okay. Do you know the difference between
7 computer records and paper records?
8 A. Not in your -- in the way you're stating it.
9 What kind of paper records are you asking about?
10 Q. Let me -- let me take it the really hard way
11 then.
12 Can you tell me on the very first payment how
13 much was applied to principal and how much was applied
14 to interest?
15 MR. MUNEY: I'm going to object to form and
16 also object that I don't see that on your depo
17 notice that you put payment history as a topic.
18 MR. KORTE: This is a calculation of damages,
19 and she can't tell me how she calculated them. I'm
20 going to go through these questions. You can
21 object all day long or instruct her not to answer.
22 MR. MUNEY: If you're going to go off your
23 depo notice to topics not requested for today, I'm
24 going to move for a protective order and end the --
25 end the depo.

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1 MR. KORTE: Fair enough.

2 BY MR. KORTE:
3 Q. Ma'am, let me ask the question so we have it
4 nice and clean so he doesn't terminate the deposition
5 and it's easy for you to go through.
6 In calculating your damages, how much from
7 the very first payment was applied to principal and how
8 much was applied to interest?
9 MR. MUNEY: I'm going to object to form. She
10 said how --
11 MR. KORTE: Is that a speaking objection
12 again?
13 MR. MUNEY: It's not a speaking objection.
14 It's a concise, nonargumentative objection under
15 the Rules of Civil Procedure. I'm done.
16 BY MR. KORTE:
17 Q. Ma'am --
18 MR. MUNEY: And if she doesn't know,
19 regarding topics that weren't noticed --
20 MR. KORTE: Now that's a speaking objection.
21 MR. MUNEY: No, that's part of my form
22 objection.
23 BY MR. KORTE:
24 Q. Ma'am, as to the very first payment for
25 purposes of calculation of damages, how much was

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1 applied to principal, how much was applied to interest?

2 A. I do not have that information in front of
3 me, so I don't know.
4 Q. Can you tell me how much was applied to
5 principal and interest for any of the payments?
6 A. I did not bring any of that information.
7 Q. For purposes of damage calculations, did you
8 review the calculation of principal and interest at any
9 time before coming here today?
11 THE WITNESS: Not to the calculation.
12 BY MR. KORTE:
13 Q. Ma'am, can you tell me how interest was
14 calculated in this particular case as it -- as a result
15 that relates to damages?
16 MR. MUNEY: Object to form. She's already
17 told you that.
18 THE WITNESS: In the Complaint, it states
19 here with interest from and after December 1st,
20 2008.
21 BY MR. KORTE:
22 Q. Can you tell me how much that is?
23 A. I don't have any current figures with me.
24 MR. KORTE: Ma'am, I'm going to hand you
25 what's been marked as Defendant's 4.

Page: 30
1 (Document(s) handed to witness and Counsel

2 Muney.)
3 BY MR. KORTE:
4 Q. Ma'am, I'd like for you to go through that
5 document and find -- there's an Affidavit of
6 Indebtedness attached thereto. Let me know when you've
7 found it.
8 Are you there, ma'am?
9 A. It doesn't say Affidavit of Indebtedness, but
10 I have an Affidavit in Support of Motion for Final
11 Summary Judgment. Is that what you're referencing?
12 Q. Yes, ma'am. Ma'am, I'd like you to turn to
13 the fourth page of that affidavit.
14 Have you seen this document before coming
15 here today, ma'am?
16 A. Yes.
17 Q. When was the first time you saw it?
18 A. Yesterday.
19 Q. Before coming here today, ma'am, did you
20 speak to anybody at CitiMortgage regarding this
21 affidavit?
23 THE WITNESS: No.
24 BY MR. KORTE:
25 Q. Who at CitiMortgage designated you as the

Page: 31
1 person with the most knowledge of this affidavit?

3 THE WITNESS: I don't have the document in
4 front of me.
5 BY MR. KORTE:
6 Q. Ma'am, the affidavit that is in front of you
7 as Defendant's 4, the one we just turned to --
8 A. Mm-hmm?
9 Q. -- who at Citi designated you as the person
10 with the most knowledge of the affidavit contained in
11 Defendant's 4?
12 MR. MUNEY: Object to form. I think she was
13 saying she didn't have some other document in front
14 of her, not this document.
15 THE WITNESS: I'm sorry. I didn't have -- I
16 don't have the Power of Attorney that gives me that
17 authority --
18 MR. KORTE: Okay.
19 THE WITNESS: -- to tell you who gave me that
20 power.
21 BY MR. KORTE:
22 Q. You're referencing a Power of Attorney that
23 gives you an authority to do this.
24 Have you seen this of Power of Authority
25 before? Or Power of Attorney before?

Page: 32
1 A. Yes.
2 Q. Who was it executed by?
3 A. As I stated, I don't have the document in
4 front of me, so I don't -- I cannot tell you.
5 Q. Do you know the date that it was executed?
6 A. It was September of 2010.
7 Q. All right, ma'am. Going back to the
8 affidavit itself, ma'am, do you see where it says
9 "preacceleration late charges" in Paragraph 14?
10 A. Yes.
11 Q. Ma'am, can you tell me how that was
12 calculated?
14 THE WITNESS: Since I did not sign the
15 affidavit --
16 MR. MUNEY: I think she answered this.
17 BY MR. KORTE:
18 Q. I'm sorry. Since you didn't sign the
19 affidavit, so finish your sentence.
20 A. I did not sign the affidavit, so...
21 Q. Do you know how the preacceleration late
22 charges were calculated?
24 THE WITNESS: I don't, no.
25 BY MR. KORTE:

Page: 33
1 Q. Would -- do you know how any of these numbers

2 contained in Paragraph 14 were actually calculated?
4 THE WITNESS: They would have been from the
5 business records of Citi.
6 BY MR. KORTE:
7 Q. Do you have any personal knowledge as you sit
8 here today of how they were calculated?
10 THE WITNESS: You'll need to restate your
11 question regarding what you're talking about,
12 calculation.
13 BY MR. KORTE:
14 Q. Sure. I'm referencing Paragraph 14 of
15 Defendant's 4 in the affidavit of before you.
16 Do you see that, ma'am?
17 A. Mm-hmm.
18 Q. Do you see where it says "principal due on
19 note and mortgage"? Do you see that section, ma'am?
20 A. Mm-hmm.
21 Q. You have to say "yes" or "no" or she can't
22 get that down.
23 A. Yeah, I already saw it.
24 Q. You have to say "yes" or "no" so she can get
25 you (indicating to court reporter).

Page: 34
1 A. Oh, yes. I'm sorry.

2 Q. You can't say "uh-huh" or "uh-uh."
3 A. I'm sorry. Yes.
4 Q. Ma'am, as to that number on principal due, do
5 you have any personal knowledge of how Citi calculated
6 that number?
8 THE WITNESS: We have that in our business
9 records.
10 BY MR. KORTE:
11 Q. As to the next number, the preacceleration
12 late charges, do you know how that number was
13 calculated by Citi when it made this affidavit?
15 THE WITNESS: We would still have that in our
16 business records.
17 BY MR. KORTE:
18 Q. I'm asking you about your personal knowledge.
19 Do you as you sit here today have any
20 personal knowledge of how that was calculated?
21 MR. MUNEY: Object to form. She answered by
22 saying it was in the business records.
23 MR. KORTE: Okay. And I'm --
24 MR. MUNEY: That's her answer.
25 MR. KORTE: I'm asking her personal

Page: 35
1 knowledge. I'm clarifying my question.

2 BY MR. KORTE:
3 Q. Do you have any personal knowledge as to how
4 it was calculated?
5 MR. MUNEY: Wait. I object. Can you clarify
6 if you meant did she read the business records or
7 did she -- was she involved in the calculations
8 that went into the business records?
9 BY MR. KORTE:
10 Q. Ma'am, how did you gain your personal
11 knowledge as to the amount of principal due on the Note
12 and Mortgage, if ever?
13 A. Through the business records, through the
14 payment histories.
15 Q. Those are the payment histories that you
16 received from Citi?
17 A. Yes, as well as the ones that we have -- have
18 since we acquired the loans.
19 Q. Well, how many payments have you received
20 since Nationstar took over the servicing of this loan?
22 THE WITNESS: I don't have the information in
23 front of me, but we have the business records.
24 BY MR. KORTE:
25 Q. Do you have the business records of Irwin

Page: 36
1 Mortgage?
2 MR. MUNEY: Object to form as asked and
3 answered, I believe.
4 THE WITNESS: I don't know.
5 BY MR. KORTE:
6 Q. Can you tell me how the line item at
7 Paragraph 14, preacceleration late charges, were
8 calculated in this case by the affiant?
9 MR. MUNEY: That's -- that's the same
10 question you just asked.
11 MR. KORTE: Well, that was as to principal
12 due. Now we're talking about the preacceleration
13 late charges.
14 MR. MUNEY: No, I think you asked about the
15 late charges too. I think that now you're down to
16 the next, the third line.
17 BY MR. KORTE:
18 Q. Well, let's talk about the interest due since
19 your lawyer wants to move on there.
20 How was that calculated?
21 MR. MUNEY: Object to form; asked and
22 answered. She pointed you to the business records.
23 BY MR. KORTE:
24 Q. Ma'am, as you sit here today, do you have any
25 personal knowledge from any source as to how the

Page: 37
1 interest was calculated from December 1st, 2008 through

2 August 10, 2010?
3 A. Yes, through our business records.
4 Q. Which business records specifically?
6 THE WITNESS: Our payment histories.
7 BY MR. KORTE:
8 Q. Anything else?
10 THE WITNESS: It would be through the -- our
11 system. There's different screens, but...
12 BY MR. KORTE:
13 Q. Anything else other than your screens and the
14 payment histories?
15 A. Of course through reference to the Note.
16 Q. Since you bring up the Note, can you tell me
17 when Nationstar took physical possession of the Note,
18 if ever?
20 THE WITNESS: We have not.
21 BY MR. KORTE:
22 Q. Do your records reflect, if you know, whether
23 there's a bailee agreement between Fannie Mae and
24 Nationstar regarding the Note?

Page: 38
1 THE WITNESS: State your question again?

2 BY MR. KORTE:
3 Q. Do you know whether or not Fannie Mae bailed
4 this loan to the Plaintiff for purposes of this
5 litigation?
6 MR. MUNEY: Object to form. That's -- you
7 may want to give a better clarification of the
8 question.
9 THE WITNESS: Please.
10 MR. KORTE: No, that's my question.
11 MR. MUNEY: Well, if you don't --
12 THE WITNESS: Can you clarify it?
13 BY MR. KORTE:
14 Q. What part do you want me to clarify, ma'am?
15 MR. MUNEY: Hold on. If you don't understand
16 a question as it's asked or you don't know the
17 answer, that's a fine answer if you don't
18 understand or don't know.
19 THE WITNESS: Okay. I don't know.
20 MR. KORTE: I've now asked you to stop the
21 speaking objections. You've just intimated an
22 answer to a question that I had pending for which
23 your deponent has parroted the exact answer.
24 MR. MUNEY: I asked you to clarify the
25 question. You said you wouldn't and --

Page: 39
1 MR. KORTE: And you then continue with your

2 speaking objections suggesting the answer to the
3 deponent.
4 MR. MUNEY: No, that's not what I did.
5 MR. KORTE: That's exactly what you did.
6 MR. MUNEY: Well, you can rephrase the
7 question.
8 MR. KORTE: I'm not rephrasing the question.
9 MR. MUNEY: Okay.
10 BY MR. KORTE:
11 Q. Is there a bailee agreement between Fannie
12 Mae and the Plaintiff regarding this Note?
13 A. I don't know.
14 Q. At any time before coming here today, did you
15 have an opportunity to speak with the affiant of the
16 affidavit before you in Defendant's 4?
17 A. No.
18 Q. Did you ever reach out to the affiant before
19 coming here today?
21 THE WITNESS: No.
22 MR. KORTE: Ma'am, I have nothing further for
23 you today.
24 MR. MUNEY: We'll conclude and we'll read.
25 MS. BONDER: Rehabilitate?

Page: 40
1 MR. KORTE: Outstanding. I guess they're

2 back on.
3 MS. BONDER: Can we just have a couple of
4 minutes?
5 MR. MUNEY: Yeah. Let's take a break, and
6 we'll go over the notes from the depo, see if we
7 want to get into any redirect or any other
8 questioning.
9 Do you mind if we have a minute?
10 MR. KORTE: Not with the deponent.
11 MR. MUNEY: No?
12 MR. KORTE: No. She's on the stand.
13 MR. MUNEY: Right. Can we have a minute?
14 MR. KORTE: Sure. There's a conference room
15 right next door.
16 MR. MUNEY: Okay.
17 MS. BONDER: Okay. Thank you.
18 MR. MUNEY: I'd appreciate it if you don't
19 talk about anything while we're not here. If
20 that's going to be a problem, she should go to
21 another room.
22 MS. BONDER: She's still on the record. It's
23 okay.
24 MR. MUNEY: Okay.
25 (Mr. Muney, Ms. Bonder and Mr. Holmberg exit

Page: 41
1 deposition room.)
2 (Off-the-record recess was had.)
3 (Plaintiff's counsel enter deposition room.)
4 MR. MUNEY: We're going to call this
5 Composite Exhibit -- hold on a second.
6 I'd like to introduce Plaintiff's
7 Composite 1.
8 (Plaintiff Composite Exhibit No. 1 was marked
9 for identification purposes only and is attached
10 hereto.)
11 MR. MUNEY: Can you see? Did you see this
12 already?
13 (Document(s) handed to Counsel Korte.)
14 MR. KORTE: How can I see something already
15 that you just handed me?
17 CROSS EXAMINATION CHRISTINE ODOM
18 BY MR. MUNEY:
19 Q. Could you please describe Exhibit 1 in your
20 own words.
21 MR. KORTE: Object to form.
22 THE WITNESS: This is a bailee letter from
23 Citi sending the documents to Shapiro & Fishman,
24 the original Note and Mortgage, which they held
25 prior to filing of the Complaint.

Page: 42
1 BY MR. MUNEY:
2 Q. And what's the date of that letter?
3 A. December 25th, 2009.
4 Q. So this letter demonstrates that the original
5 Note and Mortgage were in possession of CitiMortgage
6 and mailed or shipped to their attorney, Shapiro &
7 Fishman, to initiate the foreclosure on December 25th,
8 2009?
9 MR. KORTE: Form.
10 THE WITNESS: Right.
11 BY MR. MUNEY:
12 Q. Is that correct?
13 A. Yes.
14 Q. And what -- you also have Defendant's
15 Exhibit 1 in front of you, correct?
16 A. Yes.
17 Q. And what is the date that this Complaint was
18 filed in the Court of Palm Beach?
19 A. December 31st, 2009.
20 Q. Okay. So although you were not sure the date
21 that CitiMortgage was transferred the Note and Mortgage
22 from the -- from Plaintiff's Exhibit 1, it's clear to
23 you that CitiMortgage did have possession of the Note
24 and Mortgage prior to the filing of the subject
25 foreclosure case?

Page: 43
1 MR. KORTE: Form.

2 THE WITNESS: Correct. Yes.
3 MR. MUNEY: And just to -- nothing further.
4 REDIRECT EXAMINATION CHRISTINE ODOM
5 BY MR. KORTE:
6 Q. Ma'am, a little redirect, if you don't mind.
7 I see that you were able to ascertain that the original
8 Note and Mortgage were transferred to Shapiro & Fishman
9 on or around December 2009 via the document handed to
10 you as --
11 MR. KORTE: Plaintiff's 1? How did you mark
12 it?
13 MR. MUNEY: Yes, Plaintiff's Composite
14 Exhibit 1, which is -- which comprises of two --
15 MR. KORTE: Two pages.
16 MR. MUNEY: Two pages.
17 BY MR. KORTE:
18 Q. Ma'am, show me the word "Note" on that
19 document, if you would. Just point out to me where it
20 says "transferring Note" to you.
22 Those documents speak for themselves.
23 MR. KORTE: I'm asking her to point to the
24 document where it says "Note."
25 BY MR. KORTE:

Page: 44
1 Q. Ma'am, where does it say "transferred Note"?

2 A. It does not.
3 Q. How are you able to surmise that the Note was
4 originally transferred when it doesn't say "Note
5 transferred"?
6 A. The documents were attached to this letter,
7 the original Note and Mortgage.
8 Q. Ma'am, I apologize. Via Composite Exhibit 1
9 of the Plaintiff's making, show me where it says the
10 Note was transferred to them at any time.
11 A. Well, it states here "loan documents," which
12 in my terminology would be your Note and Mortgage.
13 Q. Well, were you present when this document was
14 drafted?
15 A. No.
16 Q. Have you seen the attachments to this
17 document?
18 A. Yes.
19 Q. You have seen the attachments? The original
20 document with the attachments, you've seen it?
21 A. Yes.
22 Q. Okay. And that document has originals
23 attached to it?
24 A. Yes.
25 Q. When did you see that document?

Page: 45
1 A. Today.
2 Q. So you saw an original Note today?
3 A. Yes.
4 MR. KORTE: I have nothing further.
5 You guys filed the original.
6 We're done. I'll take a copy expedited.
7 MR. MUNEY: We'll read, please.
8 - - -
9 (Witness excused.)
10 - - -
11 (Thereupon, at 10:38 a.m. the deposition
12 concluded.)
13
14
15
16
17
18
19
20
21
22
23
24
25

Page: 46
1 CERTIFICATE OF OATH
2
- - -
3
4 THE STATE OF FLORIDA, )
)
5 COUNTY OF PALM BEACH. )
6
7
8 I, Wanda D. Good, the undersigned authority,
9 certify that CHRISTINE ODOM personally appeared before
10 me and was duly sworn.
11
12
13
14
15 WITNESS my hand and official seal the 27th of
16 March, 2011.
17
18
19
20
21
22 Wanda D. Good
Notary Public, State of Florida
23 My Commission #DD950330
Expires: January 17, 2014
24
25

Page: 47
1 C E R T I F I C A T E
2
THE STATE OF FLORIDA, )
3 )
COUNTY OF PALM BEACH. )
4
5 I, WANDA D. GOOD, Professional Court
Reporter, State of Florida at large, do hereby certify
6 that I was authorized to and did stenographically
report the foregoing proceeding; and that the
7 transcript, pages numbered 1 to 46 inclusive, are a
true and correct transcription of my shorthand notes of
8 said proceeding.
9
I further certify that the said proceeding
10 was taken at the time and place hereinabove set forth
and that the taking of said proceedings was commenced
11 and completed as hereinabove set out.
12
I further certify that I am not an attorney
13 or counsel of any of the parties, nor am I a relative
or employee of any attorney or counsel or party
14 connected with the action, nor am I financially
interested in the action.
15
16 The foregoing certification of this
transcript does not apply to any reproduction of the
17 same by any means unless under the direct control
and/or direction of the certifying reporter.
18
19 IN WITNESS WHEREOF, I have hereunto set my
hand and seal this 27th day of March, 2011.
20
21
22
23
24 WANDA D. GOOD, Notary Public
in and for the State of Florida
25 My Commission #DD 950330

Page: 1
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

2 IN AND FOR PALM BEACH COUNTY, FLORIDA
3 CASE NO. 50-2009 CA 043986
4
5
CITIMORTGAGE, INC.,
6
Plaintiff(s),
7
vs.
8
MARIE ST. FORT AND MARIE ANDRE,
9
Defendant(s).
10 __________________________________ /
11
12
13
DEPOSITION OF CHRISTINE ODOM
14 TAKEN AT THE INSTANCE OF THE DEFENDANT(S)
15
16
17
West Palm Beach, Florida
18 March 22, 2011
9:30 - 10:38 a.m.
19
20
21
22
23
24
25

Page: 2
1 APPEARANCES:
2
3
4 SHAPIRO & FISHMAN, LLP
2424 N. Federal Hwy., Ste. 360
5 Boca Raton, Florida 33431
Attorneys for the Plaintiff(s)
6 By: CHAD M. MUNEY, ESQUIRE
MICHELLE B. BONDER, ESQUIRE
7 MARK C. HOLMBERG, ESQUIRE
8
9
10 KORTE & WORTMAN, P.A.
2041 Vista Parkway, Ste. #102
11 West Palm Beach, Florida 33411
Attorneys for the Defendant(s)
12 By: BRIAN K. KORTE, ESQUIRE.
13
14
15
16
17
18
19
20
21
22
23
24
25

Page: 3
1 - - -
2 I N D E X
3 - - -
4
WITNESS: PAGE
5
6 CHRISTINE ODOM
7
Direct Examination by Mr. Korte 4
8
Cross Examination by Mr. Muney 41
9
Redirect Examination by Mr. Korte 43
10
11
- - -
12
E X H I B I T S
13
- - -
14
15 NUMBER DESCRIPTION PAGE
16
DEFT'S EX. 1 NOTICE/LIS PENDENS, COMPLAINT, ETC 8
17
DEFT'S EX. 2 NOTICE/FILING COPY OF NOTE 8
18
DEFT'S EX. 3 NOTICE OF HEARING 8
19
DEFT'S EX. 4 DEFT'S MOTION/STRIKE AFFIDAVIT IN 8
20 SUPPORT OF PLTF'S MOTION/SUM. JDGMT
21 DEFT'S EX. 5 PLFT'S RESPONSES/DEFT'S 1ST REQUEST 8
FOR PRODUCTION
22
DEFT'S EX. 6 RE-NOTICE/TAKING DEPOSITION 12
23
24 PLFT'S EX. 1 12/25/09 LETTER TO SHAPIRO & FISHMAN 41
25

Page: 4
Page 4 Page 6
1 Deposition of CHRISTINE ODOM was taken before me, 1 A. For my title, it's in the foreclosure
2 Wanda D. Good, Certified Professional Reporter, Notary 2 department. My current duties are ancillary
3 Public, State of Florida at Large, at 2041 Vista 3 departments as far as the litigation for foreclosures,
4 Parkway, Suite #102, in the City of West Palm Beach, 4 referrals, any of the ancillary departments that deal
5 County of Palm Beach, State of Florida, beginning at 5 with foreclosure.
6 the hour of 9:30 a.m., on March 22, 2011, pursuant to 6 Q. Anything else?
7 notice filed herein, at the instance of the 7 A. Vendor input or vendor setup, demand process,
8 Defendant(s) in the above-entitled cause pending before 8 acquisitions, compliance just for that area.
9 the above-named court. 9 Q. Compliance for that area, you mean
10 - - - 10 acquisitions?
11 THEREUPON, 11 A. Compliance of the foreclosure, so new State
12 CHRISTINE ODOM, 12 regulations. That's -- property preservation and
13 being by me first duly sworn or affirmed to testify the 13 property inspections and hazard as it relates to
14 whole truth, as hereinunder certified, testified as 14 foreclosure hazard insurance.
15 follows: 15 Q. How many vice-presidents are there for
16 DIRECT EXAMINATION CHRISTINE ODOM 16 Nationstar who do what you do?
17 BY MR. KORTE: 17 MR. MUNEY: Object to form.
18 Q. Ma'am, would you state your name for the 18 THE WITNESS: Just me. Just one.
19 record, spelling your last. 19 BY MR. KORTE:
20 A. Christine Odom, O-d-o-m. 20 Q. How many officers are in the corporate
21 Q. Ma'am, would you give me the benefit of our 21 structure at Nationstar that you're aware of that have
22 educational background from the time you left college 22 the same vice-president title as you?
23 going forward? 23 MR. MUNEY: Object to form.
24 A. I only have a high school degree and a couple 24 THE WITNESS: Two other.
25 of classes in college. 25 BY MR. KORTE:
Page 5 Page 7
1 Q. Okay. Where did you go to college? 1 Q. Ma'am, when did you join Centex?
2 A. Northlake in Irving, Texas. 2 A. 1999.
3 Q. Can you give me the benefit of your 3 Q. And you joined them as assistant
4 educational background from high school going -- your 4 vice-president?
5 work background going from high school forward? 5 A. Yes.
6 A. I worked for Revco Drugstore in approximately 6 Q. Ma'am, you've been brought here today as the
7 1982. I worked for Drugs for Less, and then I started 7 person with the most knowledge from CitiMortgage, Inc.
8 in the mortgage industry in 1986 with Lomas & 8 with regards to the transfer of the Note, calculation
9 Nettleton. 9 of damages and affidavits for amounts due and owing; is
10 Q. Can you spell that for me? 10 that correct?
11 A. L-o-m-a-s & Nettleton, which is 11 A. Yes.
12 N-e-t-t-l-e-t-o-n. I then went to Lion Funding, which 12 Q. Ma'am, what is your relationship to CitiBank
13 merged with Sunbelt National. Then I went to 13 Mortgage -- or Citi Mortgage? I'm sorry.
14 Associate's Financial, and then it was Nation Home 14 A. We are the new servicer.
15 Equity. Then back to Associate's Financial, and then 15 Q. Is it your testimony that you're the -- that
16 to Centex Home Equity, which is now Nationstar, which 16 Nationstar is the servicer for CitiMortgage?
17 is my current employer. 17 A. No. CitiMortgage -- we acquired loans from
18 Q. What job title were you hired for at Centex 18 CitiMortgage.
19 Home Equity? 19 Q. When you say "acquired loans from
20 A. Assistant vice-president. 20 CitiMortgage," what does that mean?
21 Q. What title do you currently hold today at 21 A. We are now the new servicer. CitiMortgage
22 Nationstar? 22 was the servicer. We're now the new servicer.
23 A. Vice-president. 23 Q. Would it be fair to say that CitiMortgage was
24 Q. What are the duties for a vice-president at 24 taken out of the -- out of this loan at some point in
25 Nationstar? 25 time?

Page: 5
Page 8 Page 10
1 A. I have -- 1 the most knowledge regarding the transfer of the Note,
2 MR. MUNEY: Object to form. 2 correct?
3 THE WITNESS: I have a Power of Attorney on 3 A. Correct.
4 behalf of CitiMortgage. 4 Q. What was the day that CitiMortgage received
5 BY MR. KORTE: 5 the Note?
6 Q. Okay. Did Nationstar buy the loan itself or 6 A. I do not know the -- I do not work for
7 just bought the servicing rights? 7 CitiMortgage and do not work for Citi, so I don't know
8 MR. MUNEY: Object to form. 8 that answer.
9 THE WITNESS: Can you clarify -- 9 Q. You're here as the person with the most
10 MR. KORTE: Sure. 10 knowledge in regards to CitiMortgage versus Marie
11 THE WITNESS: -- your question? 11 St. Fort, correct?
12 MR. KORTE: Let's start with some easy ones. 12 A. Yes.
13 I'm going to hand you what's going to be marked as 13 Q. Case No. 2009 CA 043986, correct?
14 Defendant's 1, which is a copy of the complaint. 14 A. Yes.
15 (Defendant Exhibit Nos. 1 through 5 were 15 Q. And I'm asking you as the person with the
16 marked for identification purposes only and are 16 most knowledge of the transfer of the Note the date the
17 attached hereto.) 17 Note was transferred to Citi, and you can't tell me the
18 (Document(s) handed to Counsel Muney.) 18 answer to that question?
19 MR. KORTE: I have a spare, but go to either 19 A. That is correct.
20 one of them. 20 Q. What was the date that the Note was
21 MR. MUNEY: Thanks. 21 transferred from Irwin Mortgage, if you know?
22 (Document(s) handed to the witness.) 22 A. I don't know that question.
23 BY MR. KORTE: 23 Q. What was date the Note was transferred to
24 Q. Ma'am, you've been handed what's been marked 24 Nationstar, if you know?
25 as Defendant's 1. 25 A. CitiMortgage is the holder of the Note, which
Page 9 Page 11
1 Have you ever seen this document before? 1 has been sent to the attorneys.
2 A. Yes. 2 Q. Well, let's back up.
3 Q. When is the first time that you saw this 3 Who owns the actual Note itself? Who is the
4 document? 4 person who would receive payments if they were made?
5 A. Yesterday. 5 MR. MUNEY: I'm going to object to form.
6 Q. Do you see on the front page of this 6 That's two separate questions.
7 Defendant's 1 where it says the Plaintiff is 7 MR. KORTE: Okay.
8 CitiMortgage? 8 MR. MUNEY: Can you split them up?
9 A. Yes. 9 BY MR. KORTE:
10 Q. Ma'am, does CitiMortgage own the mortgage 10 Q. Well, you told me that Nationstar is now the
11 note in this case? 11 servicer, correct?
12 MR. MUNEY: Object to form. 12 A. Correct.
13 MR. KORTE: What's wrong with the form? 13 Q. And it took over servicing from CitiMortgage,
14 MR. MUNEY: It's a form objection. 14 correct?
15 MR. KORTE: What's wrong with it? 15 A. Correct.
16 MR. MUNEY: You're asking her to state a 16 Q. Who does Nationstar forward its payments to
17 legal conclusion. 17 after it services the loan?
18 BY MR. KORTE: 18 MR. MUNEY: Object to form.
19 Q. Okay. Does Citi own this Note that's the 19 THE WITNESS: Fannie Mae.
20 subject matter of this litigation? 20 BY MR. KORTE:
21 MR. MUNEY: Same objection. 21 Q. Why does it send the payments to Fannie Mae,
22 THE WITNESS: It's kind of a legal term. I 22 if you know?
23 don't know how to answer that. 23 A. They're the -- the owner of the Note.
24 BY MR. KORTE: 24 Q. Who was the owner before Fannie Mae, if you
25 Q. Okay. You're here today as the person with 25 know?

Page: 6
Page 12 Page 14
1 A. I don't know. 1 Q. Ma'am, before coming here today, other than
2 Q. Do you know if CitiMortgage was ever the 2 getting documents from your lawyers, did you review any
3 owner of the Note? 3 documents before this deposition to educate yourself
4 MR. MUNEY: Object to form. 4 about the transfer of the Note?
5 THE WITNESS: I can't -- I can't answer that 5 A. Can you -- can you clarify? Only about the
6 question. 6 transfer of the Note?
7 BY MR. KORTE: 7 Q. Ma'am, you're here today as the person with
8 Q. Okay. As person with the most knowledge of 8 the most knowledge in regards to the transfer of the
9 the assignment of the Note, can you tell me in what 9 Note, correct?
10 year the Note was assigned to CitiMortgage? 10 A. Of the most knowledge of the -- of the
11 MR. MUNEY: I'm going to object to form. 11 Complaint and so forth.
12 Is that issue on your depo notice? 12 Q. I'm going to show you what's been marked as
13 MR. KORTE: Can I mark that as six, please? 13 Defendant's 5, ma'am.
14 MR. MUNEY: And can you read back that last 14 Do you see the bold words here (indicating),
15 question, please? 15 where I'm pointing to where it says "name"?
16 (Requested portion of record was read by the 16 A. Can you restate your question then?
17 reporter.) 17 Q. As the person with the most knowledge of the
18 (Defendant Exhibit No. 6 was marked for 18 transfer of the Note, what documents did you review
19 identification purposes only and is attached 19 before coming here today?
20 hereto.) 20 A. I reviewed our Mortgage, the Note, the
21 (Document(s) handed to Counsel Muney.) 21 affidavits and the Complaint. That's all that I can
22 MR. MUNEY: I don't see any assignment of 22 remember at this point.
23 note issue here. 23 Q. Did any of the documents that you reviewed
24 MR. KORTE: Okay. Well, I'm asking you. 24 reference a date of transfer of the Note to
25 MR. MUNEY: Can you show me on that where it 25 CitiMortgage?
Page 13 Page 15
1 talks about assignment of note as your deposition 1 A. There was a Note with an endorsement that I
2 topic for today? 2 reviewed.
3 MR. KORTE: Absolutely, but I'm going to have 3 Q. Is that all you have that you reviewed that
4 my question answered first, if she knows. 4 had any indication of a transfer of the Note?
5 THE WITNESS: No. 5 A. Yeah, it was the -- if was the endorsement,
6 BY MR. KORTE: 6 if I can remember correctly, on -- from Irwin to Citi.
7 Q. You don't know? 7 I don't have the document in front of me.
8 A. (Shakes head back and forth.) 8 Q. Okay. If you had the document, would that
9 Q. Ma'am, I'm going to hand you what's been 9 tell you the date of the transfer?
10 marked as Defendant's No. 6. I'm going to hand this to 10 MR. MUNEY: Object to form.
11 your lawyer, which he was provided a copy of weeks in 11 THE WITNESS: I don't recall without the
12 advance of today's deposition. 12 document in front of me.
13 (Document(s) handed to Counsel Muney.) 13 MR. KORTE: I'm going to hand you what's been
14 MR. MUNEY: Right. It says "Transfer of 14 marked as Defendant's 2.
15 Note." It doesn't say "Assignment of Note." 15 (Document(s) handed to Counsel Muney and the
16 MR. KORTE: No problem. 16 witness.)
17 BY MR. KORTE: 17 BY MR. KORTE:
18 Q. Then let's do this: Ma'am, do you know what 18 Q. Ma'am, this is a Notice of Filing the copy of
19 day or year the Note was transferred from Irwin 19 the Note. If you could review that document and let me
20 Mortgage to CitiMortgage, the Plaintiff in this case? 20 know when you're finished.
21 A. No. 21 A. Okay.
22 Q. Okay. Before coming here today, did you 22 Q. Ma'am, after reviewing Defendant's 2, can you
23 speak to anyone besides your lawyer to become 23 tell me the date of the transfer the Note to
24 acquainted with the issues the transfer of the Note? 24 CitiMortgage?
25 A. No. 25 A. It does not have a date.

Page: 7
Page 16 Page 18
1 Q. That wasn't my question. 1 THE WITNESS: You'll have to restate your
2 A. No, I cannot. 2 question. I reviewed the documents that Citi had
3 Q. Ma'am, if you look back at Defendant's No. 1, 3 that are attached here.
4 please, and find the Note contained in Defendant's 1 -- 4 BY MR. KORTE:
5 I apologize. 5 Q. Okay. Did you physically go to CitiMortgage
6 Ma'am, have you had an opportunity to look at 6 at any time in your career to review their documents?
7 Defendant's 1, specifically the Note? 7 A. No.
8 A. Yes. 8 Q. And you told me previously you never spoke
9 Q. Ma'am, can you do me a favor and tell me if 9 to -- you never spoke to anybody from CitiMortgage?
10 there's an endorsement in blank on that Note. 10 A. Regarding this loan.
11 A. No. 11 Q. Correct. And you never physically went to
12 Q. Can you tell me when the endorsement found on 12 Irwin Mortgage either, correct?
13 Defendant's 2 was added to that Note? 13 A. Correct.
14 A. No. 14 Q. Do you know if there were any other parties
15 Q. Would it be fair to say that all of your 15 between the time of the making of the Note by Irwin and
16 knowledge regarding this case arises after the Note is 16 the time of the delivery of the documents to
17 transferred from CitiMortgage to Nationstar? 17 CitiMortgage?
18 MR. MUNEY: Object to form. 18 MR. MUNEY: Object to form.
19 THE WITNESS: Can you restate your question? 19 THE WITNESS: I don't have the knowledge on
20 BY MR. KORTE: 20 that, no.
21 Q. Sure. Would it be fair to say that all of 21 BY MR. KORTE:
22 your knowledge regarding this Note arises after the 22 Q. Do you know who CitiMortgage got the Note
23 Note was transferred from CitiMortgage to Nationstar? 23 from?
24 MR. MUNEY: Object to form. 24 A. No.
25 THE WITNESS: Can you restate the question 25 Q. Do you know if CitiMortgage was the servicer
Page 17 Page 19
1 another way? 1 of the Note before Nationstar?
2 BY MR. KORTE: 2 A. Yes.
3 Q. Okay. Let's approach it in small pieces. 3 Q. Do you know who they were servicing for?
4 Did you ever speak to anybody from 4 MR. MUNEY: Object to form.
5 CitiMortgage about this Note? 5 THE WITNESS: No.
6 A. No. 6 BY MR. KORTE:
7 Q. Did you ever speak to anybody at Irwin about 7 Q. Do you know when Fannie Mae came into
8 this Note? 8 ownership of this Note?
9 A. No. 9 A. No.
10 Q. Did you ever have an opportunity to go 10 Q. Do you have any personal knowledge as to
11 through Irwin's records? 11 whether or not CitiMortgage was servicing for itself?
13 THE WITNESS: No. 13 THE WITNESS: No, I do not.
14 BY MR. KORTE: 14 MR. KORTE: Can you hand back six, please?
15 Q. Would it be fair to say that the documents 15 (Document(s) handed to Counsel Korte.)
16 that you told me about before that you reviewed before 16 BY MR. KORTE:
17 coming here today are contained in the Nationstar 17 Q. Ma'am, you've also been brought here today to
18 system? 18 discuss the calculation of damages, correct?
19 MR. MUNEY: Object to form. 19 A. Correct.
20 THE WITNESS: Yes. 20 Q. Can you tell me how the damages were
21 BY MR. KORTE: 21 calculated in this case?
22 Q. Other than reviewing the Mortgage, the Note 22 MR. MUNEY: Object to form.
23 the affidavit and the Complaint, you didn't review any 23 THE WITNESS: You'll need to restate your
24 of the documents that CitiMortgage may have had? 24 question differently, please.
25 MR. MUNEY: Object to form. 25 BY MR. KORTE:

Page: 8
Page 20 Page 22
1 Q. Okay. What part of my question don't you 1 A. Correct.
2 understand? 2 Q. Do you have access to the CitiMortgage
3 A. Well, your question, so if you can restate 3 system?
4 it. 4 MR. MUNEY: Object to form.
5 Q. How much money is CitiMortgage seeking in 5 THE WITNESS: Not to their system.
6 this case? 6 BY MR. KORTE:
7 A. The amount that is in the Complaint as far as 7 Q. Ma'am, so how do you know how they calculated
8 the principal balance and the interest. 8 that number if you don't have access to their system?
9 Q. Okay. Well, how much is the amount? How 9 MR. MUNEY: Object to form.
10 much? 10 THE WITNESS: Loans were and the data was
11 A. I don't have the current figures with me. 11 transferred to our company, so we have the data on
12 The figures in the Complaint are outdated. 12 our system currently.
13 Q. Okay. Well, can you tell me how the damage 13 BY MR. KORTE:
14 calculation was actually done in this case? 14 Q. Before coming here today, ma'am, did you
15 MR. MUNEY: Object to form. 15 review the amount of the principal?
16 THE WITNESS: How -- how they were done in 16 A. Yes.
17 the Complaint? 17 Q. Do you know how CitiMortgage got its numbers
18 MR. KORTE: No, ma'am. 18 to enter into the system that you ultimately took over
19 MR. MUNEY: Object to form. 19 its data?
20 MR. KORTE: Let me hand you back No. 6. 20 MR. MUNEY: Object to form.
21 (Document(s) handed to the witness.) 21 THE WITNESS: Yes.
23 Q. If you'd do me a favor and review the section 23 Q. Ma'am, I think you told me earlier that this
24 where you were brought here today as the person with 24 loan was sometime originated by Irwin Mortgage,
25 the most knowledge of the calculation of damages. 25 correct?
Page 21 Page 23
1 Do you see that section, ma'am? 1 A. I did not tell you, but yes, it was.
2 A. Yes. 2 Q. Okay. Do you know how Irwin Mortgage
3 Q. How were the damages calculated? 3 calculated the principal balance?
4 MR. MUNEY: I'm going to object to form. 4 MR. MUNEY: Object to form.
5 That was asked and answered. 5 THE WITNESS: I was not an employee of Irwin,
6 MR. KORTE: There's no answer yet. 6 so I do not know.
7 MR. MUNEY: She said it was the principal -- 7 BY MR. KORTE:
8 principal due plus the interest. 8 Q. And we don't know if there were any
9 BY MR. KORTE: 9 intervening servicers or owners of this Note between
10 Q. Is that the only way that it was done, ma'am? 10 the time of the making by Irwin and the time it was
11 A. And -- and expenses. 11 taken by Citi, correct?
12 Q. Okay. So tell me, how much is the principal? 12 MR. MUNEY: Object to form.
13 A. A hundred and seventy-two thousand, nine 13 THE WITNESS: I don't know that answer.
14 twenty sixty-eight. 14 BY MR. KORTE:
15 Q. And ma'am, how was that number arrived at? 15 Q. Do we know if there are any other records
16 A. The number would have been taken off the 16 besides those contained in Citi's mortgage?
17 system, the servicing system that would have been used 17 A. State your question again?
18 deducting any payments that were applied to the 18 Q. Do you know if there is any data by any other
19 account -- 19 parties besides CitiMortgage contained in
20 Q. And that would be the system -- 20 CitiMortgage's data that was taken by Nationstar?
21 A. -- from the origination. 21 MR. MUNEY: Object to form.
22 Q. I apologize. I didn't mean to interrupt you. 22 THE WITNESS: No.
23 A. That's okay. 23 BY MR. KORTE:
24 Q. Ma'am, and that would have been the system of 24 Q. Would it be fair to say that your calculation
25 CitiMortgage, correct? 25 of damages, as you sit here today, is based upon the

Page: 9
Page 24 Page 26
1 records of CitiMortgage? 1 BY MR. KORTE:
2 MR. MUNEY: Object to form. 2 Q. Which business record did you go through to
3 THE WITNESS: Yes. 3 make that calculation?
4 BY MR. KORTE: 4 MR. MUNEY: Object to form. She didn't say
5 Q. And would it also be fair to say that you 5 she made a calculation.
6 don't know how CitiMortgage calculated the damages? 6 THE WITNESS: Correct.
8 MR. KORTE: Let me strike the question. 8 Q. Okay. What documents did you review to come
9 BY MR. KORTE: 9 up with a $172,920.68?
10 Q. Would it be fair to say that you don't know 10 A. Our system records.
11 how CitiMortgage calculated the principal balance? 11 Q. Those are the system notes?
13 THE WITNESS: State your question another 13 THE WITNESS: Our system payment histories.
14 way, please. 14 BY MR. KORTE:
15 BY MR. KORTE: 15 Q. Can you tell me about the system payment
16 Q. Do you know how the prior servicer, 16 histories, how it's recorded and calculated?
17 CitiMortgage, calculated the damages? 17 MR. MUNEY: Object to form.
18 A. Yes. 18 THE WITNESS: It shows the balances, and it
19 Q. Okay. How do you know that? 19 shows the payments and how they're subtracted from
20 A. From the records that we have. 20 the principal balance.
21 Q. Any other way? 21 BY MR. KORTE:
22 A. No. 22 Q. Are those computerized records, ma'am?
23 Q. Do you know how CitiMortgage got its initial 23 A. Yes.
24 numbers from the prior owner or servicer of the Note? 24 Q. Did you review any physical records to verify
25 A. No. 25 the accuracy of that number?
Page 25 Page 27
1 MR. MUNEY: Object to form. 1 MR. MUNEY: Object to form. What's a
2 BY MR. KORTE: 2 physical record?
3 Q. Ma'am, did you do any independent research 3 BY MR. KORTE:
4 before coming here today to determine the validity of 4 Q. Ma'am?
5 the principal balance number? 5 A. You'll have to restate your question.
6 MR. MUNEY: Object to form. 6 Q. Okay. Do you know the difference between
7 THE WITNESS: You need to restate that. 7 computer records and paper records?
8 BY MR. KORTE: 8 A. Not in your -- in the way you're stating it.
9 Q. Okay. What did you do independently to 9 What kind of paper records are you asking about?
10 verify the validity of the $172,920.68 principal 10 Q. Let me -- let me take it the really hard way
11 balance claim? 11 then.
12 MR. MUNEY: Object to form. Isn't that asked 12 Can you tell me on the very first payment how
13 and answered? 13 much was applied to principal and how much was applied
14 MR. KORTE: She asked me to restate it. 14 to interest?
15 MR. MUNEY: Now it's restated. I think it 15 MR. MUNEY: I'm going to object to form and
16 was asked and answered. 16 also object that I don't see that on your depo
17 BY MR. KORTE: 17 notice that you put payment history as a topic.
18 Q. Ma'am, do you understand my question? 18 MR. KORTE: This is a calculation of damages,
19 A. Yes. 19 and she can't tell me how she calculated them. I'm
20 Q. Can you tell me the answer? 20 going to go through these questions. You can
21 A. Through our business records. 21 object all day long or instruct her not to answer.
22 Q. You personally went through your business 22 MR. MUNEY: If you're going to go off your
23 records and independently verified that amount? 23 depo notice to topics not requested for today, I'm
24 MR. MUNEY: Object to form. 24 going to move for a protective order and end the --
25 THE WITNESS: Yes. 25 end the depo.

Page: 10
Page 28 Page 30
1 MR. KORTE: Fair enough. 1 (Document(s) handed to witness and Counsel
2 BY MR. KORTE: 2 Muney.)
3 Q. Ma'am, let me ask the question so we have it 3 BY MR. KORTE:
4 nice and clean so he doesn't terminate the deposition 4 Q. Ma'am, I'd like for you to go through that
5 and it's easy for you to go through. 5 document and find -- there's an Affidavit of
6 In calculating your damages, how much from 6 Indebtedness attached thereto. Let me know when you've
7 the very first payment was applied to principal and how 7 found it.
8 much was applied to interest? 8 Are you there, ma'am?
9 MR. MUNEY: I'm going to object to form. She 9 A. It doesn't say Affidavit of Indebtedness, but
10 said how -- 10 I have an Affidavit in Support of Motion for Final
11 MR. KORTE: Is that a speaking objection 11 Summary Judgment. Is that what you're referencing?
12 again? 12 Q. Yes, ma'am. Ma'am, I'd like you to turn to
13 MR. MUNEY: It's not a speaking objection. 13 the fourth page of that affidavit.
14 It's a concise, nonargumentative objection under 14 Have you seen this document before coming
15 the Rules of Civil Procedure. I'm done. 15 here today, ma'am?
16 BY MR. KORTE: 16 A. Yes.
17 Q. Ma'am -- 17 Q. When was the first time you saw it?
18 MR. MUNEY: And if she doesn't know, 18 A. Yesterday.
19 regarding topics that weren't noticed -- 19 Q. Before coming here today, ma'am, did you
20 MR. KORTE: Now that's a speaking objection. 20 speak to anybody at CitiMortgage regarding this
21 MR. MUNEY: No, that's part of my form 21 affidavit?
22 objection. 22 MR. MUNEY: Object to form.
23 BY MR. KORTE: 23 THE WITNESS: No.
24 Q. Ma'am, as to the very first payment for 24 BY MR. KORTE:
25 purposes of calculation of damages, how much was 25 Q. Who at CitiMortgage designated you as the
Page 29 Page 31
1 applied to principal, how much was applied to interest? 1 person with the most knowledge of this affidavit?
2 A. I do not have that information in front of 2 MR. MUNEY: Object to form.
3 me, so I don't know. 3 THE WITNESS: I don't have the document in
4 Q. Can you tell me how much was applied to 4 front of me.
5 principal and interest for any of the payments? 5 BY MR. KORTE:
6 A. I did not bring any of that information. 6 Q. Ma'am, the affidavit that is in front of you
7 Q. For purposes of damage calculations, did you 7 as Defendant's 4, the one we just turned to --
8 review the calculation of principal and interest at any 8 A. Mm-hmm?
9 time before coming here today? 9 Q. -- who at Citi designated you as the person
10 MR. MUNEY: Object to form. 10 with the most knowledge of the affidavit contained in
11 THE WITNESS: Not to the calculation. 11 Defendant's 4?
12 BY MR. KORTE: 12 MR. MUNEY: Object to form. I think she was
13 Q. Ma'am, can you tell me how interest was 13 saying she didn't have some other document in front
14 calculated in this particular case as it -- as a result 14 of her, not this document.
15 that relates to damages? 15 THE WITNESS: I'm sorry. I didn't have -- I
16 MR. MUNEY: Object to form. She's already 16 don't have the Power of Attorney that gives me that
17 told you that. 17 authority --
18 THE WITNESS: In the Complaint, it states 18 MR. KORTE: Okay.
19 here with interest from and after December 1st, 19 THE WITNESS: -- to tell you who gave me that
20 2008. 20 power.
22 Q. Can you tell me how much that is? 22 Q. You're referencing a Power of Attorney that
23 A. I don't have any current figures with me. 23 gives you an authority to do this.
24 MR. KORTE: Ma'am, I'm going to hand you 24 Have you seen this of Power of Authority
25 what's been marked as Defendant's 4. 25 before? Or Power of Attorney before?

Page: 11
Page 32 Page 34
1 A. Yes. 1 A. Oh, yes. I'm sorry.
2 Q. Who was it executed by? 2 Q. You can't say "uh-huh" or "uh-uh."
3 A. As I stated, I don't have the document in 3 A. I'm sorry. Yes.
4 front of me, so I don't -- I cannot tell you. 4 Q. Ma'am, as to that number on principal due, do
5 Q. Do you know the date that it was executed? 5 you have any personal knowledge of how Citi calculated
6 A. It was September of 2010. 6 that number?
7 Q. All right, ma'am. Going back to the 7 MR. MUNEY: Object to form.
8 affidavit itself, ma'am, do you see where it says 8 THE WITNESS: We have that in our business
9 "preacceleration late charges" in Paragraph 14? 9 records.
10 A. Yes. 10 BY MR. KORTE:
11 Q. Ma'am, can you tell me how that was 11 Q. As to the next number, the preacceleration
12 calculated? 12 late charges, do you know how that number was
13 MR. MUNEY: Object to form. 13 calculated by Citi when it made this affidavit?
14 THE WITNESS: Since I did not sign the 14 MR. MUNEY: Object to form.
15 affidavit -- 15 THE WITNESS: We would still have that in our
16 MR. MUNEY: I think she answered this. 16 business records.
18 Q. I'm sorry. Since you didn't sign the 18 Q. I'm asking you about your personal knowledge.
19 affidavit, so finish your sentence. 19 Do you as you sit here today have any
20 A. I did not sign the affidavit, so... 20 personal knowledge of how that was calculated?
21 Q. Do you know how the preacceleration late 21 MR. MUNEY: Object to form. She answered by
22 charges were calculated? 22 saying it was in the business records.
23 MR. MUNEY: Object to form. 23 MR. KORTE: Okay. And I'm --
24 THE WITNESS: I don't, no. 24 MR. MUNEY: That's her answer.
25 BY MR. KORTE: 25 MR. KORTE: I'm asking her personal
Page 33 Page 35
1 Q. Would -- do you know how any of these numbers 1 knowledge. I'm clarifying my question.
2 contained in Paragraph 14 were actually calculated? 2 BY MR. KORTE:
3 MR. MUNEY: Object to form. 3 Q. Do you have any personal knowledge as to how
4 THE WITNESS: They would have been from the 4 it was calculated?
5 business records of Citi. 5 MR. MUNEY: Wait. I object. Can you clarify
6 BY MR. KORTE: 6 if you meant did she read the business records or
7 Q. Do you have any personal knowledge as you sit 7 did she -- was she involved in the calculations
8 here today of how they were calculated? 8 that went into the business records?
10 THE WITNESS: You'll need to restate your 10 Q. Ma'am, how did you gain your personal
11 question regarding what you're talking about, 11 knowledge as to the amount of principal due on the Note
12 calculation. 12 and Mortgage, if ever?
13 BY MR. KORTE: 13 A. Through the business records, through the
14 Q. Sure. I'm referencing Paragraph 14 of 14 payment histories.
15 Defendant's 4 in the affidavit of before you. 15 Q. Those are the payment histories that you
16 Do you see that, ma'am? 16 received from Citi?
17 A. Mm-hmm. 17 A. Yes, as well as the ones that we have -- have
18 Q. Do you see where it says "principal due on 18 since we acquired the loans.
19 note and mortgage"? Do you see that section, ma'am? 19 Q. Well, how many payments have you received
20 A. Mm-hmm. 20 since Nationstar took over the servicing of this loan?
21 Q. You have to say "yes" or "no" or she can't 21 MR. MUNEY: Object to form.
22 get that down. 22 THE WITNESS: I don't have the information in
23 A. Yeah, I already saw it. 23 front of me, but we have the business records.
24 Q. You have to say "yes" or "no" so she can get 24 BY MR. KORTE:
25 you (indicating to court reporter). 25 Q. Do you have the business records of Irwin

Page: 12
Page 36 Page 38
1 Mortgage? 1 THE WITNESS: State your question again?
2 MR. MUNEY: Object to form as asked and 2 BY MR. KORTE:
3 answered, I believe. 3 Q. Do you know whether or not Fannie Mae bailed
4 THE WITNESS: I don't know. 4 this loan to the Plaintiff for purposes of this
5 BY MR. KORTE: 5 litigation?
6 Q. Can you tell me how the line item at 6 MR. MUNEY: Object to form. That's -- you
7 Paragraph 14, preacceleration late charges, were 7 may want to give a better clarification of the
8 calculated in this case by the affiant? 8 question.
9 MR. MUNEY: That's -- that's the same 9 THE WITNESS: Please.
10 question you just asked. 10 MR. KORTE: No, that's my question.
11 MR. KORTE: Well, that was as to principal 11 MR. MUNEY: Well, if you don't --
12 due. Now we're talking about the preacceleration 12 THE WITNESS: Can you clarify it?
13 late charges. 13 BY MR. KORTE:
14 MR. MUNEY: No, I think you asked about the 14 Q. What part do you want me to clarify, ma'am?
15 late charges too. I think that now you're down to 15 MR. MUNEY: Hold on. If you don't understand
16 the next, the third line. 16 a question as it's asked or you don't know the
17 BY MR. KORTE: 17 answer, that's a fine answer if you don't
18 Q. Well, let's talk about the interest due since 18 understand or don't know.
19 your lawyer wants to move on there. 19 THE WITNESS: Okay. I don't know.
20 How was that calculated? 20 MR. KORTE: I've now asked you to stop the
21 MR. MUNEY: Object to form; asked and 21 speaking objections. You've just intimated an
22 answered. She pointed you to the business records. 22 answer to a question that I had pending for which
23 BY MR. KORTE: 23 your deponent has parroted the exact answer.
24 Q. Ma'am, as you sit here today, do you have any 24 MR. MUNEY: I asked you to clarify the
25 personal knowledge from any source as to how the 25 question. You said you wouldn't and --
Page 37 Page 39
1 interest was calculated from December 1st, 2008 through 1 MR. KORTE: And you then continue with your
2 August 10, 2010? 2 speaking objections suggesting the answer to the
3 A. Yes, through our business records. 3 deponent.
4 Q. Which business records specifically? 4 MR. MUNEY: No, that's not what I did.
5 MR. MUNEY: Object to form. 5 MR. KORTE: That's exactly what you did.
6 THE WITNESS: Our payment histories. 6 MR. MUNEY: Well, you can rephrase the
7 BY MR. KORTE: 7 question.
8 Q. Anything else? 8 MR. KORTE: I'm not rephrasing the question.
9 MR. MUNEY: Object to form. 9 MR. MUNEY: Okay.
10 THE WITNESS: It would be through the -- our 10 BY MR. KORTE:
11 system. There's different screens, but... 11 Q. Is there a bailee agreement between Fannie
12 BY MR. KORTE: 12 Mae and the Plaintiff regarding this Note?
13 Q. Anything else other than your screens and the 13 A. I don't know.
14 payment histories? 14 Q. At any time before coming here today, did you
15 A. Of course through reference to the Note. 15 have an opportunity to speak with the affiant of the
16 Q. Since you bring up the Note, can you tell me 16 affidavit before you in Defendant's 4?
17 when Nationstar took physical possession of the Note, 17 A. No.
18 if ever? 18 Q. Did you ever reach out to the affiant before
19 MR. MUNEY: Object to form. 19 coming here today?
20 THE WITNESS: We have not. 20 MR. MUNEY: Object to form.
21 BY MR. KORTE: 21 THE WITNESS: No.
22 Q. Do your records reflect, if you know, whether 22 MR. KORTE: Ma'am, I have nothing further for
23 there's a bailee agreement between Fannie Mae and 23 you today.
24 Nationstar regarding the Note? 24 MR. MUNEY: We'll conclude and we'll read.
25 MR. MUNEY: Object to form. 25 MS. BONDER: Rehabilitate?

Page: 13
Page 40 Page 42
1 MR. KORTE: Outstanding. I guess they're 1 BY MR. MUNEY:
2 back on. 2 Q. And what's the date of that letter?
3 MS. BONDER: Can we just have a couple of 3 A. December 25th, 2009.
4 minutes? 4 Q. So this letter demonstrates that the original
5 MR. MUNEY: Yeah. Let's take a break, and 5 Note and Mortgage were in possession of CitiMortgage
6 we'll go over the notes from the depo, see if we 6 and mailed or shipped to their attorney, Shapiro &
7 want to get into any redirect or any other 7 Fishman, to initiate the foreclosure on December 25th,
8 questioning. 8 2009?
9 Do you mind if we have a minute? 9 MR. KORTE: Form.
10 MR. KORTE: Not with the deponent. 10 THE WITNESS: Right.
11 MR. MUNEY: No? 11 BY MR. MUNEY:
12 MR. KORTE: No. She's on the stand. 12 Q. Is that correct?
13 MR. MUNEY: Right. Can we have a minute? 13 A. Yes.
14 MR. KORTE: Sure. There's a conference room 14 Q. And what -- you also have Defendant's
15 right next door. 15 Exhibit 1 in front of you, correct?
16 MR. MUNEY: Okay. 16 A. Yes.
17 MS. BONDER: Okay. Thank you. 17 Q. And what is the date that this Complaint was
18 MR. MUNEY: I'd appreciate it if you don't 18 filed in the Court of Palm Beach?
19 talk about anything while we're not here. If 19 A. December 31st, 2009.
20 that's going to be a problem, she should go to 20 Q. Okay. So although you were not sure the date
21 another room. 21 that CitiMortgage was transferred the Note and Mortgage
22 MS. BONDER: She's still on the record. It's 22 from the -- from Plaintiff's Exhibit 1, it's clear to
23 okay. 23 you that CitiMortgage did have possession of the Note
24 MR. MUNEY: Okay. 24 and Mortgage prior to the filing of the subject
25 (Mr. Muney, Ms. Bonder and Mr. Holmberg exit 25 foreclosure case?
Page 41 Page 43
1 deposition room.) 1 MR. KORTE: Form.
2 (Off-the-record recess was had.) 2 THE WITNESS: Correct. Yes.
3 (Plaintiff's counsel enter deposition room.) 3 MR. MUNEY: And just to -- nothing further.
4 MR. MUNEY: We're going to call this 4 REDIRECT EXAMINATION CHRISTINE ODOM
5 Composite Exhibit -- hold on a second. 5 BY MR. KORTE:
6 I'd like to introduce Plaintiff's 6 Q. Ma'am, a little redirect, if you don't mind.
7 Composite 1. 7 I see that you were able to ascertain that the original
8 (Plaintiff Composite Exhibit No. 1 was marked 8 Note and Mortgage were transferred to Shapiro & Fishman
9 for identification purposes only and is attached 9 on or around December 2009 via the document handed to
10 hereto.) 10 you as --
11 MR. MUNEY: Can you see? Did you see this 11 MR. KORTE: Plaintiff's 1? How did you mark
12 already? 12 it?
13 (Document(s) handed to Counsel Korte.) 13 MR. MUNEY: Yes, Plaintiff's Composite
14 MR. KORTE: How can I see something already 14 Exhibit 1, which is -- which comprises of two --
15 that you just handed me? 15 MR. KORTE: Two pages.
16 (Document(s) handed to the witness.) 16 MR. MUNEY: Two pages.
17 CROSS EXAMINATION CHRISTINE ODOM 17 BY MR. KORTE:
18 BY MR. MUNEY: 18 Q. Ma'am, show me the word "Note" on that
19 Q. Could you please describe Exhibit 1 in your 19 document, if you would. Just point out to me where it
20 own words. 20 says "transferring Note" to you.
21 MR. KORTE: Object to form. 21 MR. MUNEY: I'm going to object to form.
22 THE WITNESS: This is a bailee letter from 22 Those documents speak for themselves.
23 Citi sending the documents to Shapiro & Fishman, 23 MR. KORTE: I'm asking her to point to the
24 the original Note and Mortgage, which they held 24 document where it says "Note."
25 prior to filing of the Complaint. 25 BY MR. KORTE:

Page: 14
Page 44
1 Q. Ma'am, where does it say "transferred Note"?
2 A. It does not.
3 Q. How are you able to surmise that the Note was
4 originally transferred when it doesn't say "Note
5 transferred"?
6 A. The documents were attached to this letter,
7 the original Note and Mortgage.
8 Q. Ma'am, I apologize. Via Composite Exhibit 1
9 of the Plaintiff's making, show me where it says the
10 Note was transferred to them at any time.
11 A. Well, it states here "loan documents," which
12 in my terminology would be your Note and Mortgage.
13 Q. Well, were you present when this document was
14 drafted?
15 A. No.
16 Q. Have you seen the attachments to this
17 document?
18 A. Yes.
19 Q. You have seen the attachments? The original
20 document with the attachments, you've seen it?
21 A. Yes.
22 Q. Okay. And that document has originals
23 attached to it?
24 A. Yes.
25 Q. When did you see that document?
Page 45
1 A. Today.
2 Q. So you saw an original Note today?
3 A. Yes.
4 MR. KORTE: I have nothing further.
5 You guys filed the original.
6 We're done. I'll take a copy expedited.
7 MR. MUNEY: We'll read, please.
8 - - -
9 (Witness excused.)
10 - - -
11 (Thereupon, at 10:38 a.m. the deposition
12 concluded.)
13
14
15
16
17
18
19
20
21
22
23
24
25

Page: 46
1 CERTIFICATE OF OATH
2
- - -
3
4 THE STATE OF FLORIDA, )
)
5 COUNTY OF PALM BEACH. )
6
7
8 I, Wanda D. Good, the undersigned authority,
9 certify that CHRISTINE ODOM personally appeared before
10 me and was duly sworn.
11
12
13
14
15 WITNESS my hand and official seal the 27th of
16 March, 2011.
17
18
19
20
21
22 Wanda D. Good
Notary Public, State of Florida
23 My Commission #DD950330
24
25

Page: 47
1 C E R T I F I C A T E
2
THE STATE OF FLORIDA, )
3 )
COUNTY OF PALM BEACH. )
4
5 I, WANDA D. GOOD, Professional Court
Reporter, State of Florida at large, do hereby certify
6 that I was authorized to and did stenographically
report the foregoing proceeding; and that the
7 transcript, pages numbered 1 to 46 inclusive, are a
true and correct transcription of my shorthand notes of
8 said proceeding.
9
I further certify that the said proceeding
10 was taken at the time and place hereinabove set forth
and that the taking of said proceedings was commenced
11 and completed as hereinabove set out.
12
I further certify that I am not an attorney
13 or counsel of any of the parties, nor am I a relative
or employee of any attorney or counsel or party
14 connected with the action, nor am I financially
interested in the action.
15
16 The foregoing certification of this
transcript does not apply to any reproduction of the
17 same by any means unless under the direct control
and/or direction of the certifying reporter.
18
19 IN WITNESS WHEREOF, I have hereunto set my
hand and seal this 27th day of March, 2011.
20
21
22
23
24 WANDA D. GOOD, Notary Public
in and for the State of Florida
25 My Commission #DD 950330

Page: 1
WORD INDEX 360 2:4 agreement 37:23 Attorney 8:3 31:16,

38 1:18 45:11 39:11 22, 25 42:6 47:11,
<0> amount 20:7, 9 13
043986 1:3 10:13 <4> 22:15 25:23 35:11 Attorneys 2:5, 11
09 3:24 4 3:6, 15 29:25 amounts 7:9 11:1
31:7, 11 33:15 ancillary 6:2, 4 August 37:2
<1> 39:16 ANDRE 1:3 authority 31:17, 23,
1 3:15, 24 8:14, 15, 41 3:6, 24 answer 9:23 10:8, 24 46:8
25 9:7 16:3, 4, 7 43 3:6 18 12:5 21:6 authorized 47:6
41:7, 8, 19 42:15, 46 47:7 23:13 25:20 27:21 aware 6:21
22 43:11, 14 44:8 34:24 38:17, 17, 22,
47:7 <5> 23 39:2 <B>
10 1:18 37:2 45:11 5 3:21 8:15 14:13 answered 13:4 back 5:15 11:2
102 2:10 4:4 50 1:3 21:5 25:13, 16 12:14 13:8 16:3
12 3:21, 24 32:16 34:21 36:3, 19:14 20:20 32:7
14 32:9 33:2, 14 <6> 22 40:2
36:7 6 3:21 12:18 anybody 17:4, 7 background 4:22
17 46:23 47:25 13:10 20:20 18:9 30:20 5:4, 5
172920.68 25:10 apologize 16:5 bailed 38:3
26:9 <8> 21:22 44:8 bailee 37:23 39:11
1982 5:7 8 3:15, 15, 15, 15, 21 APPEARANCES 2:1 41:22
1986 5:8 appeared 46:9 balance 20:8 23:3
1999 7:2 <9> applied 21:18 24:11 25:5, 11
1ST 3:21 29:19 9 1:18 4:6 27:13, 13 28:7, 8 26:20
37:1 950330 47:25 29:1, 1, 4 balances 26:18
apply 47:16 based 23:25
<2> <A> appreciate 40:18 BEACH 1:2, 14
2 3:15 15:14, 22 a.m 1:18 4:6 45:11 approach 17:3 2:11 4:4, 5 42:18
16:13 able 43:7 44:3 approximately 5:6 46:5 47:3
2008 29:20 37:1 Absolutely 13:3 area 6:8, 9 beginning 4:5
2009 1:3 10:13 access 22:2, 8 arises 16:16, 22 behalf 8:4
42:3, 8, 19 43:9 account 21:19 arrived 21:15 believe 36:3
2010 32:6 37:2 accuracy 26:25 ascertain 43:7 benefit 4:21 5:3
2011 1:18 4:6 acquainted 13:24 asked 21:5 25:12, better 38:7
46:16 47:19 acquired 7:17, 19 14, 16 36:2, 10, 14, blank 16:10
2014 46:23 47:25 35:18 21 38:16, 20, 24 Boca 2:5
2041 2:10 4:3 acquisitions 6:8, 10 asking 9:16 10:15 bold 14:14
22 1:18 4:6 action 47:14, 14 12:24 27:9 34:18, BONDER 2:6
2424 2:4 actual 11:3 25 43:23 39:25 40:3, 17, 22,
25 3:24 added 16:13 assigned 12:10 25
25th 42:3, 7 advance 13:12 assignment 12:9, bought 8:7
27th 46:15 47:19 affiant 36:8 39:15, 22 13:1, 15 break 40:5
18 Assistant 5:20 7:3 BRIAN 2:12
<3> AFFIDAVIT 3:15 Associate's 5:14, 15 bring 29:6 37:16
3 3:15 17:23 30:5, 9, 10, attached 8:17 brought 7:6 19:17
30 1:18 4:6 13, 21 31:1, 6, 10 12:19 18:3 30:6 20:24
31st 42:19 32:8, 15, 19, 20 41:9 44:6, 23 business 25:21, 22
33411 2:11 33:15 34:13 39:16 attachments 44:16, 26:2 33:5 34:8, 16,
33431 2:5 affidavits 7:9 14:21 19, 20 22 35:6, 8, 13, 23,
affirmed 4:13

Page: 2
25 36:22 37:3, 4 10 10:4, 7, 10, 25 conclusion 9:17 DD 47:25

buy 8:6 11:13 12:2, 10 conference 40:14 DD950330 46:23
13:20 14:25 15:24 connected 47:14 deal 6:4
<C> 16:17, 23 17:5, 24 contained 16:4 December 29:19
CA 1:3 10:13 18:5, 9, 17, 22, 25 17:17 23:16, 19 37:1 42:3, 7, 19
calculated 19:21 19:11 20:5 21:25 31:10 33:2 43:9
21:3 22:7 23:3 22:2, 17 23:19 continue 39:1 deducting 21:18
24:6, 11, 17 26:16 24:1, 6, 11, 17, 23 control 47:17 Defendant 1:3, 14
27:19 29:14 32:12, 30:20, 25 42:5, 21, COPY 3:15 8:14 2:11 4:8 8:15
22 33:2, 8 34:5, 13, 23 13:11 15:18 45:6 12:18
20 35:4 36:8, 20 CitiMortgage's corporate 6:20 Defendant's 8:14,
37:1 23:20 correct 7:10 10:2, 25 9:7 13:10
calculating 28:6 Citi's 23:16 3, 11, 13, 19 11:11, 14:13 15:14, 22
calculation 7:8 City 4:4 12, 14, 15 14:9 16:3, 4, 7, 13 29:25
19:18 20:14, 25 Civil 28:15 18:11, 12, 13 19:18, 31:7, 11 33:15
23:24 26:3, 5 claim 25:11 19 21:25 22:1, 25 39:16 42:14
27:18 28:25 29:8, clarification 38:7 23:11 26:6 42:12, DEFT'S 3:15, 15, 15,
11 33:12 clarify 8:9 14:5 15 43:2 47:7 15, 15, 21, 21, 21
calculations 29:7 35:5 38:12, 14, 24 correctly 15:6 degree 4:24
35:7 clarifying 35:1 Counsel 8:18 delivery 18:16
call 41:4 classes 4:25 12:21 13:13 15:15 demand 6:7
career 18:6 clean 28:4 19:15 30:1 41:3, demonstrates 42:4
CASE 1:3 9:11 clear 42:22 13 47:13, 13 department 6:2
10:13 13:20 16:16 college 4:22, 25 COUNTY 1:2 4:5 departments 6:3, 4
19:21 20:6, 14 5:1 46:5 47:3 depo 12:12 27:16,
29:14 36:8 42:25 come 26:8 couple 4:24 40:3 23, 25 40:6
cause 4:8 coming 13:22 14:1, course 37:15 deponent 38:23
Centex 5:16, 18 7:1 19 17:17 22:14 COURT 1:1 4:9 39:3 40:10
CERTIFICATE 46:1 25:4 29:9 30:14, 33:25 42:18 47:5 DEPOSITION 1:10
certification 47:16 19 39:14, 19 Cross 3:6 41:17 3:21 4:1 13:1, 12
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certify 46:9 47:5, 8, Commission 46:23 20:11 29:23 45:11
11 47:25 currently 5:21 describe 41:19
certifying 47:17 company 22:11 22:12 DESCRIPTION 3:15
CHAD 2:6 COMPLAINT 3:15 designated 30:25
charges 32:9, 22 8:14 14:11, 21 <D> 31:9
34:12 36:7, 13, 15 17:23 20:7, 12, 17 damage 20:13 29:7 determine 25:4
CHRISTINE 1:10 29:18 41:25 42:17 damages 7:9 difference 27:6
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CIRCUIT 1:1, 1 11 17 27:18 28:6, 25 Direct 3:6 4:16
Citi 7:13 9:19 Composite 41:5, 7, 29:15 47:17
10:7, 17 15:6 18:2 8 43:13 44:8 data 22:10, 11, 19 direction 47:17
23:11 31:9 33:5 comprises 43:14 23:18, 20 discuss 19:18
34:5, 13 35:16 computer 27:7 date 10:16, 20, 23 Document 8:18, 22
41:23 computerized 26:22 14:24 15:9, 23, 25 9:1, 4 12:21 13:13
CitiBank 7:12 concise 28:14 32:5 42:2, 17, 20 15:7, 8, 12, 15, 19
CITIMORTGAGE conclude 39:24 day 10:4 13:19 19:15 20:21 30:1,
1:3 7:7, 16, 17, 18, concluded 45:12 27:21 47:19 5, 14 31:3, 13, 14
20, 21, 23 8:4 9:8, 32:3 41:13, 16

Page: 3
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17 27:1, 15 28:9,

Page: 4
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Page: 5
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CitiMortgage's Christine Odom's Deposition and Exhibits

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CitiMortgage's Christine Odom's Deposition and Exhibits

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1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 Deposition of CHRISTINE ODOM was taken before me,

Florida Court Reporting 561-689-0999

1 Q. Okay. Where did you go to college?

Florida Court Reporting 561-689-0999

1 A. For my title, it's in the foreclosure

Florida Court Reporting 561-689-0999

1 Q. Ma'am, when did you join Centex?

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 Have you ever seen this document before?

Florida Court Reporting 561-689-0999

1 the most knowledge regarding the transfer of the Note,

Florida Court Reporting 561-689-0999

1 has been sent to the attorneys.

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 talks about assignment of note as your deposition

Florida Court Reporting 561-689-0999

1 Q. Ma'am, before coming here today, other than

Florida Court Reporting 561-689-0999

1 A. There was a Note with an endorsement that I

Florida Court Reporting 561-689-0999

1 Q. That wasn't my question.

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 THE WITNESS: You'll have to restate your

Florida Court Reporting 561-689-0999

1 of the Note before Nationstar?

Florida Court Reporting 561-689-0999

1 Q. Okay. What part of my question don't you

Florida Court Reporting 561-689-0999

1 Do you see that section, ma'am?

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 A. I did not tell you, but yes, it was.

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 MR. MUNEY: Object to form.

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 MR. MUNEY: Object to form. What's a

Florida Court Reporting 561-689-0999

1 MR. KORTE: Fair enough.

Florida Court Reporting 561-689-0999

1 applied to principal, how much was applied to interest?

Florida Court Reporting 561-689-0999

1 (Document(s) handed to witness and Counsel

Florida Court Reporting 561-689-0999

1 person with the most knowledge of this affidavit?

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 Q. Would -- do you know how any of these numbers

Florida Court Reporting 561-689-0999

1 A. Oh, yes. I'm sorry.

Florida Court Reporting 561-689-0999

1 knowledge. I'm clarifying my question.

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999