Make sure to catch the exhibits in the deposition towards the very end.

Will do excerpts when I have a chance.

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EXCERPTS:
5 I do know we have to bill the clients in advance. It
6 wouldn’t be after the fact. From what I recall it would
7 be at least four people that were being served. That’s
8 the person being served, their unknown spouse, Mary Jane
9 and John Doe. So it’s forty-five dollars times four.
10 That’s the amount that we would do before they got
11 served or not, regardless if John Doe was served or the
12 unknown spouse was served.
13 Q It would still be a hundred and eighty
14 dollars?
15 A Right. That’s what I remember.
16 Q What did you think about that?
17 A I thought that was a little unfair. I felt
18 like I wanted to question why. I kind of got the
19 impression from my trainers that we don’t ask questions,
20 we just do what we are told. There was really no
21 handbook during my training as to which clients are
22 billed. I would sit with each training and — I’m
23 trying to remember. It’s been a year.
24 Q That’s okay.
25 A We didn’t have a manual so I was trying to

1 understand why they bill clients differently. I never
2 really got an explanation. I just typed really fast and
3 that’s why I was hired.
4 Q Were you ever aware that Stern had an
5 ownership interest in G&Z?
6 A No.
7 Q Besides process serving did G&Z offer any
8 other services? Were there skip tracers in there?
9 A There were skip tracers, yes.
10 Q Were there investigators?
11 A Private investigators.
12 Q Did David Stern utilize them as well to the
13 best of your knowledge?
14 A Yes. They had an office right next to the
15 input department of about three or four individuals that
16 were skip tracers. I think they had one private
17 investigator. He was an older man. I don’t recall his
18 name.
19 Q How did you become aware that Stern was using
20 them as well?
21 A Because when I was introduced during my
22 interview and after I got hired they said this is our
23 skip trace department and these are private
24 investigator/skip tracers. That’s how I was introduced,
25 by title.

<SNIP>

9 Q So how come you were there only for two
10 months?
11 A I was there only two months because I had to
12 sign a paper that said — I wish I had that paper. They
13 gave out a paper to all employees saying if you don’t
14 sign this paper you’re pretty much considered fired.
15 Don’t even bother coming back to work if you don’t sign
16 it.
17 Q Was it a confidentiality agreement?
18 A Something like that, yeah.
19 Q What was in it that made you not want to sign
20 it?
21 A I wish I had a copy of it.
22 Q I wish you did too.
23 A It’s in my email somewhere. I didn’t have
24 internet at work the past couple of days.
25 Q You have a copy of it?

1 A I have a copy somewhere in my email, yeah.
2 Q Would you send it to me?
3 A Yes, I can send it.

13 Q Okay. That makes sense. So you basically
14 only worked with the night people and didn’t have that
15 much contact with the day people?
16 A I didn’t have that much contact other than
17 when I was training and in that thirty minute gap when
18 everyone is pretty much wrapping it up.
19 Q Did you ever hear anything or did you ever
20 notice anything that was to you made you feel
21 uncomfortable about doing work over there, specifically
22 with Stern’s office besides the four names on every
23 complaint?
24 A Well, not with Stern but the way G&Z was
25 handling. For instance, before I got hired I looked at

1 G&Z’s website and the part where they said they use
2 private investigators and skip tracers, it said that we
3 have fully licensed private investigators. There was
4 one guy Michael Gold and I mentioned him in that letter,
5 that was a skip tracer but he wasn’t licensed. He was
6 still going to school. The only licensed private
7 investigator that I recall was Ira and Michelle.
8 He was talking to a lady that I think only
9 spoke Spanish. There was a language barrier. He was
10 kind of bullying her. His tone of voice was well we
11 need to serve these papers. He was acting as if he was
12 a private investigator. He’s even announced himself as
13 a private investigator. He’s right next to me in the
14 other office and I just felt a little uncomfortable that
15 he’s claiming to be that and he’s not. He was asking
16 for her address and saying we have to do this and saying
17 we’ll serve it at your place of work if we need to. He
18 was really –
19 Q Bullying her?
20 A Bullying her into getting information. I just
21 kind of felt bad for the lady that he was talking to.
22 Q Nothing else about Stern?
23 A No. It was more about G&Z.
24 MS. CLARKSON: This is a two-page memo. It
25 looks like it was sent to Duane. Enter that as

1 Exhibit B. There was a letter dated September 9,
2 2009 that we’ll enter as exhibit C.
3 BY MR. BRIESMEISTER:
4 Q Mary, are those copies that we can keep?
5 A You can keep those. Actually, I have copies
6 on my little hard drive.
7 Q Mary, you indicated you were there
8 approximately two months at G&Z. Can you tell us why
9 you left, under what circumstances did you leave?
10 A Because I did not agree to sign that paper
11 that everyone had to sign.
12 Q That’s the only reason?
13 A That was it.
14 Q Did somebody come to you and say you must sign
15 it or else you have to leave?
16 A It was a group meeting. It was said that
17 everyone has to sign it. Don’t even bother working here
18 if you don’t. They told everyone that they had to sign.
19 Q Did others leave?
20 A No.
21 Q At that point in time?
22 A No.
23 Q You were the only one?
24 A I was the only one to my knowledge. I think
25 the environment from the impression I got at G&Z was

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RELATED LINK:

Lender Processing Services LPS and ProVest: Resemblance is uncanny

Side note…DJSP recently signed what may be the largest lease in Orlando this year. They plan to open a 12,870-square-foot in Highwoods Properties’ Landmark Center Two, near Lake Eola.

8 Q. And what was said about Cheryl’s bills being paid for
9 the Law Offices of David Stern?
10 A. That he’s always done it. David Stern has always
11 paid for Cheryl’s expenses.
12 Q. Personal expenses?
13 A. Yes.
14 Q. Do you know if he — Well was there rumor — Was
15 there talk, rather, that he paid — that he bought her car?
16 A. No, that’s confirmed. He did buy her a car. I
17 acknowledge that.
18 Q. He did buy her a car?
19 A. Yes.
20 Q. What kind of car did he buy her?
21 A. It was a BMW SUV.

<SNIP>

Q. Anything that –
4 A. Is it like personal or business or –
5 Q. Personal? Business? Anything at all?
6 A. Personal? The only thing that I was aware of that
7 took place there were the perks that certain employees received
8 from David Stern. If they were either dating him or they were
9 good friends with him, that they would basically do certain
10 things for him for certain files, in the sense of like David
11 Vargas. He would have certain perks from David Stern, like a
12 house, a car, cell phone paid all by David Stern.
13 And that’s all I know.
14 Q. Okay. So do you know of any other perks besides what
15 you said that Cheryl Salmons got? A car you said, for sure.
16 And her personal bills paid.
17 A. Yes. And cell phone.
18 Q. And probably her mortgage?
19 A. Yes. And vacations and gifts, jewelry.
20 Q. Who else would received gifts and jewelry or cars or
21 homes?
22 A. His girlfriend and David Vargas.
23 Q. Who’s his girlfriend?
24 A. At the time it was Christina Dell’Aguila

<SNIP>

8 Q. You have friends that still work at the office?
9 A. Yes.
10 Q. Doing what?
11 A. Foreclosure paralegals, docket return clerks.
12 Q. And what are they telling you?
13 A. That they’re very scared. That’s it.
14 Q. That your friends are scared?
15 A. Yeah, that my friends are scared.
16 Q. Did they say anything about what’s going on with
17 Stern or Cheryl Salmons or anybody else?
18 A. The only concern was that they were moving files out
19 of the office into a different office and that Eighteen Inch
20 Freight, I think, was picking them up. Something like that.
21 Trailer freight, something like that.
22 Q. Do you know where –
23 MS. CLARKSON: Eighteen wheeler?
24 THE WITNESS: Yeah, eighteen wheeler.
25 BY MS. EDWARDS:

1 Q. Do you know where they were moving them?
2 A. Supposedly they were being moved to Orlando’s office.
3 Q. And do you know why they would do that?
4 A. No.
5 Q. Do you know how long ago this was going on?
6 A. I think a month and a half ago.
7 Q. What kind of office is Orlando?
8 A. David Stern has another law office in Orlando,
9 Florida.
10 Q. What office is that?
11 A. I don’t know.
12 Q. And was it connected with the office here in Broward
13 County?
14 A. Yes.
15 Q. And do you know which — what the office is there or
16 what the location is?
17 A. No, I just know it’s another law office for David
18 Stern that he’s opened for foreclosures in Orlando.
19 Q. And did he just open it a month and a half ago?
20 A. No. He opened it, I think it was either sometime at
21 the beginning of this year or the end of last year. I can’t
22 remember.
23 Q. 2010?
24 A. Yeah.
25 Q. Or December 2009?

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NEW YORK STATE SUPREME COURT – QUEENS COUNTY
Present:
Honorable JAMES J. GOLIA
Justice
Index No: 13555/07

WELLS FARGO BANK, N.A., D/B/A
AMERICA’S SERVICING COMPANY,

against

ROXANNE CAMPBELL, AMERICA’S SERVICING
COMPANY, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. AS NOMINEE
FOR WILMINGTON FINANCE, INC., NEW
YORK CITY ENVIRONMENTAL CONTROL BOARD,
NEW YORK CITY PARKING VIOLATIONS
BUREAU, NEW YORK CITY TRANSIT
ADJUDICATION BUREAU, MR. KANE,

Excerpt:

Standing is a threshold issue. If standing is denied, the pathway to the courthouse is blocked.(Saratoga County Chamber of Commerce, Inc. v. Pataki, 100 N.Y.2d 801A[ 2003]) Therefore, the court first considers the issue of plaintiff’s standing.

A plaintiff has standing to maintain an action upon alleging an injury in fact that falls within its zone of interest” (Silver v Pataki, 96 NY2d 532, 539 [2001]). The requirement that a litigant asserting a claim have an injury in fact — an actual stake in the matter being adjudicated — ensures that a person seeking judicial review has some concrete interest in prosecuting the action, which casts the dispute in a form capable of judicial resolution (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761, 772, 573 N.E.2d 1034, 570 NYS2d 778 [1991]).

To have standing in an action for foreclosure of a mortgage the action must be brought by one who has title to it (Kluge v Fugazy, 145 AD2d 537 [2d Dept 1988]) and an assignee of a mortgage does not have standing unless the assignment is complete at the time the action is commenced. (See U.S. Bank, N.A. v Collymore, 68 AD3d 752 [2d Dept 2009]; Countrywide Home Loans, Inc. v Gress, 68 AD3d 709 [2d Dept 2009]). A retroactive assignment cannot be used to confer standing upon the assignee in a foreclosure action commenced prior to the execution of an assignment.” (Wells Fargo Bank, N.A. v Marchione, 69 AD3d 204, 210, 887 N.Y.S.2d 615 [2d Dept 2009]).

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SUPREME COURT – STATE OF NEW YORK
TRIAL TERM. PART 17 NASSAU COUNTY
Index No. 23255/09

PRESENT:
Honorable Karen V Murphy
Justice of the Supreme Court

WACHOVIA BANK, NATIONAL ASSOCIATION
3476 Stateview Boulevard
Ft. Mil, SC 29715

-against-

ANGEL VARGAS, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS INC. AS NOMINEE
FOR CONTINENTAL MORTGAGE BANKERS,
INC. D/B/A FINANCIAL EQUITIES, ET AL.,

EXCERPT:
Plaintiff has not provided a copy of an alleged servicing agreement between Plaintiff and Wells Fargo Bank, N.A. A vice president of Wells Fargo Bank, N.A. has provided what purports to be an affidavit of facts, however it is not clear that they are authorized to do so.

Additionally the subject mortgage was allegedly modified by Defendant Vargas and yet another entity known as Americas Servicing Company (“Wells Fargo Bank, N.A. doing business as America’s Servicing Company).

The Plaintiff herein lacks standing to bring this action. The purported assignment assigned the mortgage but makes no mention of the debt or note. (Kluge v. Fugazy, 145 2d 537, 536 N. 2d 92 (2d Dept., 1988); U.S. Bank, N.A. v. Collymore 68 A.D.3d 752, 890 N. 2d 578 [2d Dept., 2009]).

Under the circumstances Plaintiff has failed to establish that it is entitled to the relief sought and the complaint is dismissed with prejudice.

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