4
HSBC BANK USA, NA AS TRUSTEE CERTIFIED
5 FOR NOMURA ASSET ACCEPTANCE
CORPORATION, MORTGAGE TRANSCRIPT
6 PASS-THROUGH CERTIFICATES
SERIES 2006-ARI,
7
Plaintiff,
8
vs.
9
ORLANDO ESLAVA; THE UNKNOWN
10 SPOUSE OF ORLANDO ESLAVA f/k/a
PATRICIA DIAZ; GFI MORTGAGE
11 BANKERS, INC., ELDORADO TOWERS
CONDOMINIUM ASSOCIATION, INC.,
12
Defendants.
13
17
18
19
20
21
25
7 9
1 bond? Can we give up the sale date so that I 1 Pass-through Certificates Series 2006-ARI will
2 can give it to somebody else who really needs 2 probably appear nowhere in your obituary.
3 to sell a piece of property on the courthouse 3 So, you know, the bottom line -- and I'm
4 steps? Instead of just ignoring a court order, 4 not giving you a lecture that I am not
5 because that's what happened here. 5 routinely delivering to foreclosure lawyers at
6 MS. HILL: I don't disagree that it could 6 this point in my career, which is, all lawyers
7 have been handled much better. I do agree to 7 have is your reputations. We don't make
8 that. 8 widgets, we don't built clocks, we don't build
9 THE COURT: I appreciate your diplomatic 9 cars. We have nothing but the pleadings we
10 response, but is there any reason why the Court 10 file and sign our name to to evidence the
11 should not issue sanctions in this case? I 11 quality and integrity of who we are.
12 mean, the court order was simply, based on what 12 And when you get a court order that says
13 you're telling me, ignored because the client 13 post a bond -- and you're being required to
14 took the file in loss mit hold. 14 post a bond for a very logical reason. It's a
15 MS. HILL: Well, it was not complied 15 trust. !tIS going to expire by its terms.
16 with. that is correct, your Honor. And it was It's not the Bank of America, I don't know if
17 because it was on hold, it's going to be there in six years. And
!] And 1'Ar. H.UnJ11~1n believed thJt if J(,Sl the note and you're required to
the case was still on hold, he had no objection 19 indemnify the defendant and therefore you have
20 to having the case dismissed. 12 0 to post a bond.
21 As far as opposition at that hearing, 121 When that order is simply ignored and
22 Mr. Huffman believed he conveyed instructions 22 further motions for clarification with the
to the local counsel that the case was on hold 23 Court are not sought, you know, yes, do I
and there was no opposition, 1
2 4 understand completely that this is the client
I can't speak to what was said at that !2 5 not knowing the left hand from the right hand,
11 13
I~:
24 Having said that, the point of time at (Thereupon, William Ward Huffman, III,
25 which that knowledge really needs to be Lj Esq. was duly sworn by the Court.)
17 November 6 of 2009, so I knew they had been in 17 this is your life, this is your career on the
18 the trial period since that time. I didn't 18 hook and you guys better wake up and smell the
19 know the exact date. 19 coffee.
20 THE COURT: December w h a t ? _ 20 But he cannot answer the questions for me
21 MR. HlJFFMAN: It was November 6, I 21 to tell me the nature of the contempt.
22 believe, 2009. 22 Why wasn't a bond posted in this case
23 THE COURT: What was the date of the 23 pursuant to the court order?
24 final judgment? December 9,2009. 24 MR. HUFFMAN: When I saw the order from
25 MR. IDJFFMAN: The hearing was, I believe, 25 March 4, I kind of read it --
15 17
1 November 5 and the judgment was signed 1 THE C01JRT: Why wasn't the order -- the
2 December 9. 2 bond was ordered posted -- when did I order the
3 THE COURT: So you have a final judgment 3 bond? March 4. Okay.
4 hearing on November 5 and the file went on hold 4 Why wasn't a bond posted by April 4?
5 November 6? 5 MR. IDJFFMAN: When I saw the language, I
6 MR. HUFFMAN: Correct. 6 thought it had two options, either post the
7 THE COURT: When was the file RAMP 7 bond by April 4 or have the case dismissed.
8 approved? 8 Because our file was still on hold April 4, I
9 MR. IDJFFMAN: It hasn't been fully 9 just chose to allow the case to be dismissed.
10 approved at this time. 10 Instead of posting the bond, I thought
11 THE COURT: When was the file RAMP 11 that was an option I had. I thought it would
12 approved for trial modification? 12 he in the hest interest of all parties. I
13 .MR. HUFFMAN: From my knowledge, it was 13 didn't want to incur any more fees for the
14 November 6. 14 defendant in this case by moving the case
:5 THE COURT: But I'm not asking you about I5 forward.
16 your knowledge. I'm asking about your client's 16 THE COURT: Okay. Then as a sanction,
know-ledge. Because you Ire here to testify on 117 the Coun will follow the path chosen by
1 behalf of your client Mr Huffman. I \vir! dismiss the cast. I wil!
1~
20
2~
MR. HUFFMAN: Okay.
THE COURT: So on behalf of HSBC Bank
USA, NA as Trustee for Nomura Asset Acceptanc
j
,I 3
l
20
21
dismiss the case with prejudice.
The note, which was canceled by this
Court pursuant to a final judgment is null and
22 Corporation, Mort.gage Pass-through Certificates L.~ 2.• void. Mr. Eslava is relieved of the debt.
23 Series 2006-ARl. when was Mr. Eslava's -- start 23 The title shall be conveyed back to
with this, when was Mr. Eslava's HAMP f 24 Mr. Eslava by the bank -- by the trust, as the
25 documentation accepted? 12 S lega I liability for the note no longer exists.
19 21
1 Court about why all this confusion erupted. at the note, I make sure there's an
2 They have given me Mr. Huffinan. Mr. Huffman, 2 endorsement The fastest I can do one of these
3 respectfully l can't answer very many of my 3 is about seven minutes. The slowest I can do
4 questions in detail because all he-knows is 4 it if it's out of order, if it's disorganized,
5 that the file was put on hold. Irwasputon 5 iftlrerrrthings missing, which may well be
6 hold the day after a final judgment was entered 6 the case in this case because the hearing was
7 at the behest of the bank. 7 November 5 and the order wasn't entered until
8 Now, I would like to know why the bank 8 December, which means that there may have been
9 came in here one day to get a final judgment 9 missing items, it can take as much as
10 and the next day to put a file on hold. But 10 15 minutes or a half an hour. So the bank
11 that's really a sideshow. Really the big 11 wasted my time on that.
12 question is why didn't they comply with the 12 They wasted my time -- and I don't care
13 order of March 9? Why did they simply ignore 13 about my time because I'm paid the enormously
14 it? 14 high sum of$144,000 to be here every day.
And that answer is we put the file on 15 But the second waste of time was then
16 hold. That's a contemptuous answer. A bank :6 they come in and oppose the defendant's motion
17 does not have the authority or a trust does not to cancel the sale. And we had a hearing and
18 have the authority to ignore a court order :8 we talked about that. And I would imagine that
bccau:-;c art business took somewhere between 11 (0 1 nurtures.
20 decisions on a file. And that's really where 2 depending on how it went.
21 we're at. 21 And then they come in and walk in a
22 MS. HILL: Respectfully, I understand, 22 motion to cancel the sale.
23 your Honor. I? , That's three useless, completely idiotic
24
2S
In this case, Florida Default Law Group
is taking responsibility for its actions. And I;~ events. And if Florida Default wants to make
HSBC whole in this, then that's between them
7 cancelation? ,
8 MS. KHAN: Yes, your Honor, on March 4.
9 THE COURT: And then did I attempt to
10 call you on the motion to cancel sale or .. no,
11 1don't have it. When the bank came in at the
12 last minute?
13 MS. KHAN: No, your Honor, I did not get
14 a call. That's why I filed an emergency
1 c;
..... ..,J motion.
1 •
.... 0 THE COURT: Usually I just deny those.
17 Okay. Then you had to file the emergency
,I
motion.
19 And what's your hourly rate"
20 MS. KHAN: Two hundred, your Honor. I
21 THE COURT: Is there an objection to the
22 hourly rate?
23 MS. HILL: No, your Honor.
24 THE COURT: The Court finds the hourly
2S rate is appropriate. So it's 6.1 hours.
13 action.
15
16
17
18
STACEY S KES, RDR
19 Registered Diplomate Reporter
20
21
22
24
.
attention 12:11 borrower 4:2 claim 18:4,
absolutely 11:4 attorney 3:10 25:9,11 bottom 9:322:2 clarification 9:22
acceptable 10:25 attorneys 10:6,7 Boulevard 2:9 cleanest 22:21
Acceptance 1:5 8:25 20:10 22:25 briefly 18:16 clear 8:2
15:21 18:8 authority 19:17,18 build 9:8 client 6:22 7:13 8:19
accepted 15:25 authorize 5:17 built 9:8 9:2411:1412:11
account 13:5 authorized 25:5 burden 20:16 15:18
acknowledgment avoid 16:14 bury 8:23 client's8:1815:16
20:13 award 18:18 business 19:1922:11 clocks 9:8
acquire 12:22 aware 11:18,21 16:11 - closer 4:4
acquired 12:1 a.m 1:15,1524:16<:: coffee 16:19
action 25:12,13 _______ Caldwell 2:13 3:3 come 6:23 18:25
~___ _ call 16:16 23:10,14 21:16,21
actions 19:25
actively 5:4 B5:15 cancel 5:2 6:212:10 compelling 6:14
acutely 11 :21 back 5:22 17:23 21:17,22 23:10 completely 9:24
bad 18:19 cancelation 23:7 21:23
add 22:24
adopts 22:20 Bailey 1:23 canceled4:5,8 12:4 compliance 8:18
bank 1:45:3,58:24 17:20 complied 7:158:10
affidavit 22:25 24:5
agree5:196:167:7 .9:1610:1715:20 canceling 20:1 comply 13:1019:12
16:8 17:2418:7 candor 5:6 6:15 complying 20:4
allow 17:9
America 9:16 19:7,8,1620:4 care5:1621:12 concerned 6:17
21:1022:10,11,14 career 9:6 16:14,17 concluded 24:15
amount 12:1724:8
answer 10:1916:7,20 23:11 carrier 22:1 CONDOMINIUM
BANKERS I: 11 cars 9:9 1:11
19:3,15,16
anybody 13:1 banks 4:23 case 1:33:23,254:4 conduct 16:10 22:6
apologies 20:9 bank's 5:11 6:18,247:11,19,20 22:10
apologize 20:6 based 7:12 7:2310:2213:19 confusion 19:1
apologizes 3:21 basic 20:10- 16:22 17:7,9,14,14 connected 25:11
appear9:218:14 basis 18:1 17:18,1918:6,14,17 constantly 5:11
appearance 23:6 bearing22:11 19:2420:321:6,6 consumed 5:6
APPEARANCES 2:1 behalf3:19 13:14 cases 10:13 16:16 consumption 4:16
15:18,2018:2120:4 20:24 contempt16: 12,21
appreciate 7:9
appropriate 13:9 behest 19:7 cause 1:22 3:5,12 contemptuous 16:10
23:25 believe4:611:19 caused 6:1 18:219:16
14:22,2518:1724:5 causing 20:16 context 18:14
approved 15:8,10,12
believed 7:18,22 CERTIFICATE 25:1 contribute 20:16
20:20
best 17:12 Certificates 1:69:1 conveyed 7:22 17:23
April 17:4,7,8
better 7:7 16:18 15:2218:9 copy 3:11 24:14
asked 13:16
beyond 20:8 certify 25:4,8 corporate 2:5 11:22
asking 15:15,16
big 19:11 Chambers 1:24 Corporation 1:58:25
Asset 1:5 8:25 15:21
Bill 3:8 14:2 changing5:12 ]5:22 ]8:8
18:8
BiS(3)'IlC 2:9 chaos6:! I correct r.t o i5:6
ASSOCIAnON
blown 6:12 check 20:25 correctly 4: 11
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bond3:165:21,2I,23 chose 17:9 counsel 4:7 7:23 25:9
assumption 12:7
attached 22:19 5:236:237:19:13 chosen 17:17 25:11
9:14,2012:1616:22 Circuit 1:1,1,23 County 1:1,1412:8
attempt 23:9
17:2,3,4,7,1018:3 I Civil 8:21 court I :1,233 :7,II
attempted 4:5 23:6
I
Veritext Florida Reporting Co,
800-726-7007 305-376-8800
27
336342:5
414:416:2517:3,4,7
17: 8 23:8
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8th2:14
8:50 1:15
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