EDITOR: KORTE AND WORTMAN P.A
1
IN THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO. 502010CA023949 AW
BANKUNITED,
– - -
DEPOSITION OF VANESSA CORTEZ, TAKEN
AT THE INSTANCE OF THE DEFENDANTS
– - -
West Palm Beach, Florida
Friday, June 22, 2012
10:25 a.m. – 10:50 a.m.
– - -
I thought that this Deposition was very interesting, it involves Bankunited, FSB; BankUnited NA and BankUnited, this is the stage that is set to play the name trick, with the style of the case to use the fake assignments to push the fraud that the bankster have been trapped into by its failed system devised to make a killing amount of profit and money.
Well Vanessa Cortez was Deposed by Allegra Fung Esq from the Corte and Wortman PA
1 APPEARANCES:
2
ALBERTELLI LAW
3 P.O. Box 23028
Tampa, Florida 33623
4 Attorneys for the Plaintiff
BY: KRYSTA MATHEIS, ESQ.
5
6 KORTE & WORTMAN, P.A.
Suite 102
7 2041 Vista Parkway
West Palm Beach, Florida 33411
8 Attorneys for the Defendants
BY: ALLEGRA FUNG, ESQ.
9
1 I N D E X
2
WITNESS: PAGE
3
4 VANESSA CORTEZ:
5 Direct Examination by Ms. Fung 4
9 EXHIBITS
10
Defendants’ Exhibit 1 for i.d. 6
11
Defendants’ Exhibit 2 for i.d. 10
12
Defendants’ Exhibit 3 for i.d. 15
13
1 The deposition of VANESSA CORTEZ was taken before
2 me, Phillip W. Loter, RMR, Notary Public, State of
3 Florida at Large, at Suite 302, 2161 Palm Beach Lakes
4 Boulevard, in the City of West Palm Beach, County of
5 Palm Beach, State of Florida, beginning at the hour of
6 10:25 a.m., on Friday, June 22, 2012, pursuant to the
7 Notice filed herein, at the instance of the Plaintiff
8 in the above-entitled cause pending before the
9 above-named Court.
10 – - -
11 THEREUPON,
12 VANESSA CORTEZ,
13 being by me first duly sworn to testify the whole
14 truth, as hereinafter certified, testified as follows:
15 DIRECT EXAMINATION
16 BY MS. FUNG:
17 Q. Can you state your name for the record.
18 A. Vanessa Cortez, C-o-r-t-e-z.
19 Q. Can you give me the benefit of your
20 educational background.
21 A. I have an Associates Degree in paralegal.
22 Q. Okay.
23 A. I have a Bachelor’s Degree in criminal
24 justice.
25 Q. Okay. Anything further?
5
1 A. Not at the moment.
2 Q. Any plans for anything further?
3 A. Yes. I am attempting to consider law
4 school.
5 Q. Yes. We will leave it at that.
6 A. I am thinking about it.
7 Q. Can you give me the benefit of your
8 employment background starting from now working
9 backwards.
10 A. Sure. Right now I am with BankUnited, N.A.
11 I am assistant vice-president. I am — previous to
12 that — that was about a week ago I received that
13 promotion.
14 Q. Congratulations.
15 A. Thank you. Prior to that I was a default
16 legal liaison from I want to say January of 2011
17 until –
18 Q. A week ago?
19 A. Yeah, June 2012. And prior to that I was
20 at BankUnited from October of 2009 to January of 2011
21 as a foreclosure specialist at BankUnited. Prior to
22 that –
23 Q. Would that be BankUnited not with the N.A.?
24 A. Right, yes.
25 Q. Okay.
6
1 A. Prior to that I worked with right now I
2 believe their name is Firefly Legal Services. They are
3 a process serving company here in Florida.
4 I was an office team supervisor for Firefly
5 Legal from 2008 till 2009.
6 Q. Any other experience in the foreclosure
7 field?
8 A. No.
9 Q. Okay. So it was limited really to your
10 employment with BankUnited period, and then I guess
11 subsequently BankUnited, N.A.?
12 A. Right. And Firefly. They were a process
13 serving company for foreclosures, so we filed
14 complaints, we worked with process servers on affidavit
15 of service.
16 So that was my other extent as far as
17 foreclosure. Prior to that I lived in New York.
18 Q. Not relevant.
19 A. Yes.
20 (Thereupon, the proffered document
21 was marked Defendants’ Exhibit
22 No. 1 for identification only.)
23 BY MS. FUNG:
24 Q. I am going to mark this as Exhibit 1, which
25 you have in front of you.
7
1 A. Yes.
2 Q. I only made one copy. Save trees. You
3 guys never want the copies anyway.
4 Are you the representative that the
5 plaintiff designates as best able to answer questions
6 regarding the transfer of the note?
7 A. Yes, ma’am.
8 Q. Best able to answer questions regarding
9 calculation of damages?
10 A. Yes.
11 Q. There is a lost note here, but there is no
12 lost note actually in this case, so we will skip that
13 one.
14 Was there ever a trust in this case?
15 A. No.
16 Q. Was there any kind of servicing agreement
17 involved in this loan that you know of?
18 A. Sometimes I think you guys reference this
19 as far as the purchase and assumption agreement. I
20 don’t know if that’s –
21 Q. Okay. Well, what is that?
22 A. Well, that is the agreement that was put in
23 place when FSB was seized by the OTS and put into
24 receivership for the F.D.I.C.
25 Q. Okay. Well, we will talk about that –
8
1 well, actually, let’s just talk about that now. Can
2 you explain to me that chain of events.
3 A. Yes. On May 21st of 2009 BankUnited, FSB
4 was seized by the OTS and placed into receivership with
5 the F.D.I.C.
6 Q. Okay.
7 A. The F.D.I.C. then accepted into the
8 purchase and assumption agreement with BankUnited which
9 was a new set of investors that came in to manage and
10 service the FSB portfolio, and that was on May 22nd of
11 2009 that that agreement was put into place.
12 BankUnited was in process of service
13 straight through to February of this year.
14 Q. Well, let’s back up. May 21, 2009 is
15 BankUnited, FSB.
16 A. Yes.
17 Q. Then it went to the F.D.I.C.
18 A. Right. I guess in that evening timeframe,
19 right.
20 Q. The very next day, May 22nd of 2009, it got
21 purchased and what was the new name of the company?
22 A. BankUnited alone. No comma FSB.
23 Q. Okay. And then subsequent to that, because
24 now you’re saying that it’s BankUnited, N.A., when did
25 that name — what occurred with that?
9
1 A. They became a national association on
2 February of 2012. So we had taken on the now known as
3 N.A.
4 Q. Okay. May 21st of 2009 when it became
5 BankUnited — from BankUnited, FSB to the F.D.I.C. were
6 you currently working at BankUnited?
7 A. No, I was not.
8 Q. Okay. So you actually — because I know
9 you said that you started in 2009, and I didn’t catch
10 the date.
11 What was the actual date that you started
12 with BankUnited?
13 A. October 2009.
14 Q. Okay. So it was actually several months
15 afterwards?
16 A. Yes, ma’am.
17 Q. Okay. So you have no experience regarding
18 the transfer from BankUnited, FSB to F.D.I.C. to
19 BankUnited because you weren’t with any of the three
20 companies?
21 A. Well, I was with BankUnited and I was with
22 BankUnited, N.A. Are you –
23 Q. Well, no, no, no. During the time of
24 May — between May 21st of 2009 and May 22nd of 2009.
25 A. No, I was not with the bank. No.
10
1 Q. So you were not involved in any way with
2 the transfer of ownership?
3 A. No, ma’am.
4 Q. Okay. Because your hiring date occurred
5 several months after 2009 or May 21st of 2009. Okay.
6 So we actually don’t have to ask you about any trust
7 agreements or servicing agreements.
8 (Thereupon, the proffered document
9 was marked Defendants’ Exhibit
10 No. 2 for identification only.)
11 BY MS. FUNG:
12 Q. Let’s actually talk about Exhibit 2, which
13 is a copy of the complaint. Based on your review of
14 Exhibit 2 can you track for me the ownership of this
15 note?
16 A. It was filed as BankUnited.
17 Q. Okay. Who is the originator of the note?
18 A. BankUnited, FSB.
19 Q. Okay. And can you — is there any kind of
20 endorsements or allonges transferring the ownership of
21 this note? Which I have conveniently tabbed.
22 A. I love you already. Yes, there is a blank
23 allonge.
24 Q. Okay. Do you know when the allonge was
25 attached to the note?
11
1 A. No, I do not.
2 Q. Okay. Is there any kind of date indicating
3 when it was executed?
4 A. No.
5 Q. Okay. And can you read out who is — who
6 executed the allonge?
7 A. By Doreen Pleffner, senior vice-president.
8 Q. And is she currently with BankUnited?
9 A. Yes, she is.
10 Q. Yes?
11 A. Yes.
12 Q. Do you know her personally?
13 A. Yes.
14 Q. Okay. So she is still employed?
15 A. Yes, ma’am.
16 Q. What is her title now?
17 A. Still senior vice-president.
18 Q. Okay. Is there any other document that
19 would indicate the transfer of the — who owns the note
20 right now?
21 A. BankUnited, N.A.
22 Q. Okay. Is there anything that would — any
23 other document that would indicate the transfer of
24 ownership from BankUnited, FSB to BankUnited, N.A.?
25 A. To my knowledge the purchase and assumption
12
1 agreement. The F.D.I.C. Web site has also some
2 detailed information on how the actual execution of the
3 transfer happened that day. It was — it’s public
4 knowledge though.
5 Q. On the F.D.I.C. Web site?
6 A. Yes. That is also another indication of
7 the transfer to the new investors.
8 Q. Okay. Under the purchase and assumption
9 agreement did it indicate that this loan in particular
10 was transferred?
11 A. On the F.D.I.C. Web site there is not a
12 schedule attached. No, not to my knowledge.
13 Q. Okay. Is there anything in your business
14 records that would indicate that this particular loan
15 was part of the purchase and assumption?
16 A. Well, our payment history, it shows the
17 distinction from FSB to BankUnited to BankUnited, N.A.
18 At the top of our life of the loan payment
19 history you see the transition. It has always remained
20 with the same system, so you’re able to see the — I
21 guess the changing, the evolution.
22 Q. Right. Good word. But other than the
23 payment history then is there anything else that would
24 indicate the transfer of this from BankUnited, FSB
25 through the F.D.I.C. to BankUnited to BankUnited, N.A.?
13
1 A. Not to my knowledge.
2 Q. Okay. So the payment history is just that
3 it indicates that I guess during a certain time up to
4 May 21, 2009 the loan was serviced by BankUnited, FSB,
5 May 22nd, 2009 it’s now serviced by BankUnited period,
6 and then I guess once the name change occurred to N.A.
7 then it changes in your payment history to BankUnited,
8 N.A.?
9 A. Yes, ma’am.
10 Q. Okay. And is that the only thing that
11 would indicate to you that this particular loan was
12 part of the transfer between BankUnited, FSB to
13 BankUnited?
14 A. Yes.
15 Q. Okay. Do you know where the note is right
16 now?
17 A. Filed at the court.
18 Q. Okay. And do you know where the note was
19 kept?
20 A. Yes. It’s in our corporate office in our
21 vault.
22 Q. Okay. At the time of the — May 21st of
23 2009 do you know where the note was kept?
24 A. No, I do not.
25 Q. Okay. When did you become aware of where
14
1 the note was kept?
2 A. Once I became an employee of BankUnited I
3 was — with my user name and my employment I am able
4 to, you know, with guidance into the vault, send
5 e-mails or, you know, receive access to that area.
6 Q. Do you know if the note ever left the vault
7 prior to being sent to your attorney?
8 A. Not to my knowledge, no.
9 Q. Okay. Do you know when the note was sent
10 to your attorney?
11 A. Yes. August –
12 MS. MATHEIS: I actually don’t know. I
13 have it in my computer system at the office. I don’t
14 have it at the moment.
15 THE WITNESS: I do have a Bailey letter
16 that shows it was sent August of 2010.
17 BY MS. FUNG:
18 Q. Okay. And how was it sent? Was it Fed Ex,
19 UPS?
20 A. Yes. We Fed Ex all of our originals to our
21 attorneys.
22 Q. Okay. Have you ever seen the original
23 note?
24 A. No.
25 Q. Okay. Let’s talk about — actually, what
15
1 documents did you review in preparation of the depo?
2 A. I reviewed a copy of the note and mortgage,
3 the complaint. There was an affidavit that was filed
4 on this case that I also reviewed for its accuracy.
5 And our current system as far as what was
6 owed at this point, the delinquency and those kinds of
7 fee related issues.
8 Q. Okay. Did you talk to anybody about this
9 case in preparation for the depo?
10 A. No. Just counsel.
11 Q. Okay. That I don’t want to go into. Let’s
12 talk about amounts due and owing. How much is it that
13 the plaintiff is currently seeking?
14 A. Currently seeking. We have a principal
15 balance — I know I have — the principal balance is
16 $339,314.12.
17 Q. Okay. We will actually mark this as
18 Exhibit 3. Just make sure it’s the same thing.
19 MS. MATHEIS: Okay.
20 MS. FUNG: Here it is. I will mark this
21 as Exhibit 3, which is actually the motion. Okay. The
22 affidavit should be in here. And is that Cesar Romero?
23 THE WITNESS: Yes.
24 (Thereupon, the proffered document
25 was marked Defendants’ Exhibit
16
1 No. 3 for identification only.)
2 BY MS. FUNG:
3 Q. Let’s talk about Exhibit 3. All right.
4 Let’s go over it then. The principal balance, because
5 we are looking at Exhibit 3, has the amount listed as
6 $339,314.12. Is that the current principal balance due
7 at this point?
8 A. Yes, ma’am.
9 Q. Okay. And this affidavit was — or the
10 amount calculated was actually as of –
11 A. July 2011.
12 Q. Okay. The interest, has the interest
13 changed?
14 A. Yes.
15 Q. Okay. What’s the current interest?
16 A. The current interest is $53,782.77.
17 Q. Okay.
18 A. And the per diem has come down to thirty
19 one thirty eight with a 3.375 interest rate.
20 Q. Do you know how the interest is calculated?
21 A. We are — we have a payoff DMSP system we
22 use. We enter in our good through date and the system
23 will generate those figures.
24 Q. Okay. And actually, looking at the note
25 this is actually an adjustable rate note, right?
17
1 A. Yes.
2 Q. Okay. Do you know how the rate was
3 adjusted?
4 A. Well, I do see that in 2010 it was 7.875.
5 And then it has come down to the 3.375.
6 Q. Does it reflect — well, let me rephrase.
7 Does the interest rate change daily or is it monthly or
8 is it — how is it calculated since it’s an adjustable
9 rate?
10 A. I don’t know. I am not 100 percent sure.
11 Q. No, that’s okay. All right. But you do
12 know it’s changed from the beginning — the origination
13 of the loan to now?
14 A. Yes. And we have a record of that.
15 Q. And your understanding is that it just
16 reflects the I guess changes in whatever the average
17 interest rate is?
18 A. Right.
19 Q. Okay. And pre-acceleration late charges.
20 Are there any additional late charges?
21 A. No.
22 Q. Okay. So it’s still just $130.04?
23 A. Correct.
24 Q. Property inspections.
25 A. That has changed. It was 130 and it is now
18
1 $299.
2 Q. And do you know how many inspections have
3 been done?
4 A. 23.
5 Q. And what are the dates of those? You don’t
6 have to read them all, but just the first one to the
7 last.
8 A. They go from August 2010 through June 2012.
9 Q. Okay. And it looks like on this affidavit
10 between — it’s pro-rata MIP, MIP/PMI, taxes, insurance
11 are all zero.
12 Have any of those changed?
13 A. Yes.
14 Q. Okay. Which ones?
15 A. Taxes.
16 Q. Okay. And what is the balance?
17 A. $1,359.28.
18 Q. Okay.
19 A. And that was 2011 taxes.
20 Q. Okay. Anything else?
21 A. No. That’s it.
22 Q. Okay. And the recording fee is still
23 $12.10?
24 A. Yes.
25 Q. Okay. Let’s actually talk about the
19
1 default letter which I think you had as your exhibit,
2 which I am just going to refer to as Plaintiff’s
3 Exhibit 3.
4 By looking at the default letter can you
5 tell who issued the default letter?
6 A. No. It’s from our collections department
7 just by the coding under the signature line.
8 Q. Oh, let me rephrase. Not an individual in
9 particular. Whether or not it was BankUnited, FSB or
10 BankUnited or BankUnited, N.A.
11 A. It was BankUnited.
12 Q. Okay. And are you familiar with their
13 policies and procedures regarding the issuance of these
14 default letters?
15 A. Yes.
16 Q. And can you walk me through it?
17 A. The DMSP system, our system of record, it
18 will cue. When a person is in eminent danger then the
19 collection calls begin to try to do some sort of
20 resolution, alternatives, those kinds of things.
21 If those resolutions are not completed
22 within 45 days or so of default, 30 to 45 days, a
23 demand letter will be generated.
24 The collections department will review it
25 just to make sure the unit number is included and that
20
1 there wasn’t any kind of computer generated issues.
2 And then it goes through an audit process.
3 Once they review that all of the system of record
4 matches what has came out of the letter because it’s
5 digital, then they would send it out. And send it out
6 certified mail and also regular mail.
7 Q. Do you know if this default letter was
8 returned as undelivered?
9 A. Yes. I saw a notation that it was
10 received — it did return back as unclaimed. Not
11 undeliverable.
12 Q. Okay. What was — what’s the policy and
13 procedures after a letter is returned as unclaimed?
14 A. Well, we would try to reach out to the
15 borrower. According to the notes the borrower had
16 restricted any kind of communication. Sort of a cease
17 and desist kind of situation.
18 Q. And how did he do that?
19 A. There was a call in to — a call out that
20 says do not contact borrower and have all numbers
21 removed.
22 Q. And would that have been made by the
23 borrower, that request?
24 A. Well, yeah. They would call in, or
25 sometimes we — in instances we get letters from the
21
1 attorneys or any kind of communication that says –
2 Q. Stop?
3 A. — stop.
4 Q. And do you know when that cease and desist
5 was received?
6 A. It does not — it’s not listed as a cease
7 and desist, but it’s just our life of the loan comment
8 is what we call it so that it’s viable to everyone.
9 Even in our lost mit department so it doesn’t get lost
10 in translation and someone calls the borrower and we
11 make any violation.
12 Q. Okay.
13 A. And this is dated June 20th. Hold on a
14 second. I do have some additional –
15 Q. June 20th of what year?
16 A. 2012. It looks like February of 2011
17 borrower referred me to attorney representing Melanie
18 Weissman.
19 Q. Okay.
20 A. In 2010 we received a third party
21 authorization letter it appears from the notation also.
22 Q. Okay. And that postdated the default
23 letter?
24 A. Yes.
25 Q. Okay. And the default letter, is it sent
22
1 out on letterhead?
2 A. Yes. This is our archived copy to save.
3 When our attorneys ask us for discovery documents we
4 archive it out of the system.
5 Q. And so let me clarify that. Does that mean
6 that the actual printed copy on letterhead is not
7 scanned in the system; rather the body of the letter is
8 saved in your system?
9 A. Well, we do have a copy that is scanned,
10 but for the most part for our attorneys we give them
11 the actual system document so that it can show all of
12 the coding that would reference to the note so we can
13 correlate –
14 Q. Okay.
15 A. — the documentation within our records to
16 the letter.
17 Q. So this would be more like internal
18 notation kind of things that you’re talking about?
19 A. Yes.
20 Q. Okay. Actually, let’s go back to the
21 interest rate real quick. Do you know which department
22 for BankUnited, FSB would have been in charge of
23 entering the information into the system?
24 A. We –
25 Q. FSB.
23
1 A. Yes. We have currently that same
2 department because they handle our modification.
3 Q. Okay.
4 A. And it’s like our board up department, our
5 loan servicing area. And they do all of the board up
6 and DMSP as far as documents for modification, the
7 interest changes for the borrowers, that kind of thing.
8 Q. And what’s the name of that department?
9 A. I always call them board up, but that’s
10 not — it’s loan servicing.
11 Q. And have you ever worked in loan servicing?
12 A. No, I have not.
13 Q. Okay. Do you know if they have any
14 policies and procedures to check the accuracy of
15 information entered into the system?
16 A. I am not 100 percent sure.
17 Q. Okay. You have no personal knowledge is
18 the easiest way to say that, right?
19 A. Correct.
20 Q. Okay. Do you know once the information is
21 entered are there any checks done to make sure,
22 especially on an adjustable rate, that the rate is
23 accurately reflecting the change in the market?
24 A. I am not sure. It’s out of our — out of
25 my specific department.
24
1 Q. That would be the –
2 A. Loan servicing area.
3 Q. Okay. So as far as calculating the
4 interest rate and entering of the information into the
5 system, and specifically I mean like the principal
6 amount, the interest rate and the initial end, it is
7 the loan department?
8 A. Loan servicing department. We rely on, you
9 know, our business records and the accuracy of the
10 employees in that department.
11 Q. Okay. But you yourself have never worked
12 there and have no practical information about how they
13 handle their department?
14 A. No. I mean we have basic training sessions
15 that we go through just to have an idea of what every
16 department, you know, processes, contacts in that area,
17 if we have any questions. As far as specifically
18 working in that department, no.
19 MS. FUNG: I am done. Any redirect?
20 MS. MATHEIS: I don’t have any.
21 MS. FUNG: I guess the only other
22 question is read or waive.
23 MS. MATHEIS: We would like to read.
24 (Thereupon, at 10:50 a.m. the foregoing
25 proceedings were concluded.)
25
1 CERTIFICATE OF OATH
2
3 THE STATE OF FLORIDA
4 COUNTY OF PALM BEACH
5
6 I, Phillip W. Loter, the undersigned authority,
7 certify that VANESSA CORTEZ personally appeared before
8 me and was duly sworn.
9
10 WITNESS my hand and official seal this 29th day of
11 June 2012.
12
13
14
15 _______________________________
Phillip W. Loter
16 Notary Public, State of Florida
My Commission #DD0858406
17 Expires: April 8, 2013
18
19
20
21
22
23
24
25
26
1 C E R T I F I C A T E
2
THE STATE OF FLORIDA, )
3 )
COUNTY OF PALM BEACH. )
4
5
6 I, Phillip W. Loter, Registered Merit
7 Reporter, do hereby certify that I was authorized to
8 and did stenographically report the foregoing
9 deposition; and that the transcript is a true and
10 correct transcription of the testimony given by the
11 witness.
12 I further certify that I am not a relative,
13 employee, attorney or counsel of any of the parties,
14 nor am I a relative or employee of any of the parties’
15 attorney or counsel connected with the action, nor am I
16 financially interested in the action.
17 Dated this 29th day of June 2012.
1
21
Phillip W. Loter, RMR
22
provided by Mario Kenny, no rights are reserved.
Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.
"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.
Please Help Support BeforeitsNews by trying our Natural Health Products below!
Order by Phone at 888-809-8385 or online at https://mitocopper.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomic.com M - F 9am to 5pm EST
Order by Phone at 866-388-7003 or online at https://www.herbanomics.com M - F 9am to 5pm EST
Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!
HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation.
Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.
MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser! Cleans out toxic buildup with oxygen!
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover - Reduces Smart Meter radiation by 96%! (See Video).