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1 IN THE CIRCUIT COURT

OF THE FIFTEENTH JUDICIAL CIRCUIT
2 IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2010 CA 002652 (AW)
3
U.S. BANK NATIONAL ASSOCIATION
4 AS TRUSTEE FOR RALI 2006QS2
5 Plaintiff,
6 Vs.
7 WILLIAM DAVISON,
8 Defendant.
9 _____________________________________/
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13 * * * * * * * *
14 DEPOSITION OF MARLIN KNAPP
15 TAKEN AT THE INSTANCE OF THE DEFENDANT
16 * * * * * * * *
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20 DATE: February 23, 2011
21 PLACE: 2041 Vista Parkway
22 Suite 102
23 West Palm Beach, Florida 33411
24 TIME: 4:11 - 4:40 o'clock p.m.
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1 APPEARANCES:
2 FLORIDA DEFAULT LAW GROUP, PL
9119 Corporate Lake Drive
3 Suite 300
Tampa, FL 33634
4 813-342-2200; fax 813-251-1541
Attorneys for the Plaintiff(s)
5 BY: ELIZABETH A. WULFF, ESQUIRE
Ewulff@defaultlawfl.com
6
JOSEPH MANCILLA, ESQUIRE
7 Jmancilla@defaultlawfl.com
8
KORTE & WORTMAN
9 2041 Vista Parkway
Suite 102
10 West Palm Beach, FL 33411
561-228-6200; fax 561-228-6202
11 Attorney for the Defendant(s)
BY: BRIAN KORTE, ESQUIRE
12 Bkorte@briankortepl.com
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1
MARLIN KNAPP 4
2 DIRECT EXAMINATION BY MR. KORTE 4
3
Defendant's Exhibit Nos. 3&4 marked for 4
4 identification
Defendant's Exhibit No. 1 marked for 5
5 identification
Defendant's Exhibit No. 2 marked for 10
6 identification
Defendant's Exhibit No. 5 marked for 14
7 identification
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1 The deposition of MARLIN KNAPP, witness, was taken 1 Q. I'm sorry. When you say, "we -- we've done a lot
2 before me, Rachele Cibula, Notary Public, State of 2 of these depositions. You work for?
3 Florida at large, 2041 Vista Parkway, Suite 102, in the 3 A. GMAC Mortgage, LLC.
4 City of West Palm Beach, County of Palm Beach, State of 4 Q. It's your position that GMAC Mortgage, LLC, is
5 Florida, pursuant to notice in said cause for the 5 the servicer for U.S. Bank National Association Trust?
6 purpose of taking said deposition at the instance of the 6 A. Yes.
7 Defendant in the above-styled action pending in the 7 Q. When did it become the servicer?
8 above-named Court. 8 A. December 23, 2005.
9 THEREUPON, 9 Q. Who did it take over servicing rights from?
10 MARLIN KNAPP, 10 A. I'm not sure.
11 being by me first duly sworn to testify the whole truth 11 Q. As the person with the most knowledge of the
12 as is hereinafter certified, testifies as follows: 12 trust, have you had an opportunity to review the trust
13 (Defendant's Exhibit Nos. 3&4 marked for 13 documents in this particular case?
14 identification.) 14 A. No.
15 DIRECT EXAMINATION 15 Q. What documents have you had an opportunity to
16 BY MR. KORTE: 16 review before coming here today as the person with the
17 Q. Sir, you've been called to testify; and you've 17 most knowledge of the trust?
18 been produced as a witness in a particular case called 18 A. Reviewed a copy of the promissory note, the
19 U.S. Bank versus William Davison? 19 mortgage, system notes and payment history. And I think
20 A. Yes. 20 that's about it.
21 Q. What capacity are you here for, sir? 21 Q. Did you speak to anybody at the trust?
22 A. Yes. 22 A. No.
23 Q. Do you know what capacity you're here for? 23 Q. Have you ever spoken to anybody at the trust?
24 You're here as the person with the most knowledge of the 24 A. Not to my knowledge.
25 affidavit of indebtedness, correct? 25 Q. Have you had any communication with anybody at
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1 A. Yes. 1 the trust?
2 Q. Person with the most knowledge of the trust? 2 A. No.
3 A. Yes. 3 Q. How did you become the person with the most
4 Q. The person with the most knowledge of the 4 knowledge of the trust?
5 assignment of the note? 5 A. Well, if there's any questions you have, I'd be
6 A. Yes. 6 willing to discuss those with you.
7 Q. And transfer of the note, correct? 7 Q. I'm asking how did you get designated as the
8 A. Yes. 8 person with the most knowledge?
9 Q. And circumstances surrounding the lost note? 9 A. I was designated as the person with the most
10 A. Yes. 10 knowledge of the total items asked in the deposition.
11 (Defendant's Exhibit No. 1 marked for identification.) 11 Q. Well, how did you come to be designated the
12 BY MR. KORTE: 12 person with the most knowledge regarding the trust
13 Q. I'm going to hand you what's been marked as 13 agreement?
14 Defendant's 1. Can you tell me what that document is, 14 A. I'm not sure.
15 sir? 15 Q. Did you get any specialized training or education
16 A. That appears to be the complaint. 16 to become that person?
17 Q. Can you tell me who the Plaintiff is in that 17 A. No.
18 case? 18 Q. Were you given an opportunity to review trust
19 A. U.S. Bank National Association as Trustee for 19 documents?
20 RALI 2006QS2. 20 A. I had the opportunity.
21 Q. What's your relationship to the Plaintiff? 21 Q. Did you take the opportunity?
22 A. We are servicer. 22 A. No.
23 Q. When you say, a servicer, how did you become a 23 Q. Did anybody come to you and teach you about the
24 servicer? 24 trust other than your lawyers?
25 A. We were awarded servicing rights. 25 A. No.

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1 Q. Would it be fair to say you don't know much about 1 sub-servicer or the special servicer?
2 the trust? 2 A. We should be the sub-servicer.
3 A. I don't know many specifics about the trust. 3 Q. Are you specifically listed in the trust?
4 Q. Let's make it a little more clear then. 4 A. I'm not sure.
5 Do you know who the parties are to the trust? 5 Q. What documents are you relying upon for your
6 A. The trustee is U.S. Bank National Association as 6 claim that GMAC is the servicer?
7 Trustee. 7 A. The original promissory note.
8 Q. You know that by reading the style of the case? 8 Q. Anything else?
9 A. Yes. 9 A. No other document.
10 Q. Before reading the style of the case, did you 10 MR. KORTE: I'm going to mark this as 2.
11 know that they were a party? 11 (Defendant's Exhibit No. 2 marked for identification.)
12 A. No. 12 BY MR. KORTE:
13 Q. Do you know who the depositor was? 13 Q. I hand you -- it's the notice of filing the
14 A. I don't recall right now. 14 original note. Can you do me a favor and review that
15 Q. Have you ever known who the depositor was? 15 document and the note and tell me where it says GMAC is
16 A. No. 16 supposed to be the servicer?
17 Q. Did you ever look at any of the addendums to the 17 A. I don't see that language.
18 trust? 18 Q. Well, I'd like you to keep Exhibit 2 handy. And
19 A. No. 19 take a look at the note itself. Can you tell me who the
20 Q. Did you ever have an opportunity to look at the 20 original maker of this note was?
21 exhibit to the trust which lists each and every loan 21 A. Homecomings Financial Network, Incorporated.
22 contained in the trust? 22 Q. Can you tell me how the Plaintiff came into
23 A. No. 23 possession of this note?
24 Q. Do you know what the open and close date are of 24 A. It appears that interest in the loan was
25 the trust? 25 transferred to the trustee at least based on the
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1 A. No. 1 endorsements on the note.
2 Q. Do you know what section two of the trust deals 2 Q. Well, do you know when the original note was
3 with? 3 physically transferred to the Plaintiff?
4 A. No. 4 A. No.
5 Q. Section three? 5 Q. Are you aware that there is a lost-note component
6 A. Not specifically. 6 to the complaint filed in this action?
7 Q. Do you know if GMAC is listed as the servicer of 7 A. I don't think there is one.
8 the trust? 8 Q. Then you shouldn't be aware of it. Okay.
9 A. We are. 9 So do you know if this note was ever misplaced or
10 Q. You're specifically listed within the trust? 10 lost?
11 That's your understanding? 11 A. I'm not sure.
12 A. I didn't say that. 12 Q. Do you know when the endorsements contained on
13 Q. Do you know who is listed as the servicer of the 13 the note in Exhibit --
14 trust? 14 A. I think it's 2.
15 A. Well, I think my statement was I'm -- we're the 15 Q. -- 2 were placed there?
16 sub-servicer for this mortgage -- 16 A. No.
17 Q. I understand that. 17 Q. Do you see where it says, without resource, pay
18 A. -- that we have. 18 to the order of Residential Funding Corporation on the
19 Q. I'm sorry. I didn't mean to interrupt you. 19 last page of Exhibit 2?
20 A. I'm sorry. Continue. I'm sorry. 20 A. Yes.
21 Q. Do you know who the servicer is listed on the 21 Q. What I'm asking is: Do you know whether or not
22 trust? 22 the part that reads Residential Funding Corporation was
23 A. No. 23 made at the time of the endorsement or was affixed
24 Q. Do you know what relationship GMAC has to the 24 thereafter?
25 trust, whether it's the master servicer, the 25 A. I wouldn't be able to determine that.

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1 Q. Would you agree with me it doesn't look like it's 1 (Defendant's Exhibit No. 5 marked for identification.)
2 part of the same stamp that was done by Homecomings 2 BY MR. KORTE:
3 Financial? It seems to be at an angle and a different 3 Q. Let me hand you what has been mark as Defendant's
4 text. 4 5. Have you ever seen that document before?
5 A. It seems to be more bold than the other wording. 5 A. It looks very familiar. I don't specifically
6 Q. As we sit here today, is there any way to 6 remember whether I looked at it.
7 determine whether this was an endorsement in blank and 7 Q. Will you do me a favor and tell me what the date
8 was later made specific or if it was a specific 8 of the assignment is.
9 endorsement made at the time? 9 A. January 11, 2010.
10 A. I'm not sure if I'd be able to determine that. 10 Q. When was this loan boarded to your system?
11 Q. Do you know if Residential Funding ever took 11 A. December 23, 2005.
12 possession of this note? 12 Q. Do you know why there was a delay in the
13 A. I'm not sure. 13 execution of an assignment of mortgage?
14 Q. As to the second endorsement contained on this 14 A. Not specifically.
15 note, the one to U.S. Bank National Association as 15 Q. Who is that assignment of mortgage from?
16 Trustee, do you see that endorsement? 16 A. MERS.
17 A. Yes. 17 Q. As nominee for?
18 Q. Do you know what date that was affixed? 18 A. Homecomings Financial Network.
19 A. No. 19 Q. I think you testified earlier -- maybe I'm wrong.
20 Q. Do you know specifically who that endorsement is 20 Tell me if I am -- that the note was taken from
21 to? 21 Residential, Residential Funding.
22 A. The entity U.S. Bank National Association as 22 A. Taken from -- I --
23 Trustee. 23 Q. From whom did the trust take assignment?
24 Q. But for which trust? 24 A. Well, ultimately, the loan or the interest in the
25 A. The specific information isn't contained on the 25 loan would have been transferred to the trust.
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1 endorsement or within that endorsement. 1 Q. From whom did they get it?
2 Q. By looking at this original note copy, is there 2 A. I believe it went from Homecomings to Residential
3 any way to determine whether or not there are other 3 Funding to trust.
4 endorsements contained on the back of the note that 4 Q. From whom is the assignment of mortgage made?
5 aren't produced here? 5 A. MERS.
6 A. I don't believe so from the copy. 6 Q. As nominee for?
7 Q. There's no way to determine the order in which 7 A. Homecomings Financial.
8 these endorsements were placed, is there? 8 Q. I think you testified a moment ago that the note
9 A. I don't believe so. 9 came from Residential Funding to the trust, correct?
10 Q. Have you had an opportunity to see the original 10 A. At this point, I'm not specifically sure how the
11 note? 11 loan -- or the interest in the loan ultimately reached
12 A. No. 12 the trustee.
13 Q. Do you have any indication on your system whether 13 Q. You're the person with the most knowledge of the
14 or not these are blue-ink copies, or are they just 14 assignment and of the trust. So how did it get there?
15 stamps? 15 A. From MERS.
16 A. I don't know. 16 Q. The note and the mortgage got to the trust
17 Q. Do you know if the mortgage in this particular 17 through MERS. Is that your testimony, sir?
18 case was ever sent to you -- to U.S. Bank, ever 18 A. Well, I -- I don't think I have specifics on the
19 assigned? 19 details on how it was transferred from -- or to the
20 A. Specifically, right now, I do not know. 20 trust.
21 Q. In review of your system, do you have any 21 Q. Who would have more knowledge than you about
22 recollection of ever seeing an assignment of mortgage? 22 that?
23 A. I don't recall one. 23 A. I do not know.
24 MR. KORTE: Go on break for a moment. 24 Q. You don't know how it got from the original maker
25 (Recess.) 25 to the trust?

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1 A. I didn't participate in the transaction, so I'm 1 Q. Do you know why Homecomings would have caused an
2 at a disadvantage there. 2 assignment of mortgage to be issued to the Plaintiff?
3 Q. Let's talk for a moment about damages in this 3 A. I'm not, specifically.
4 particular case. How did you calculate the principle 4 Q. Do you know if Homecomings was still in business
5 amount due? 5 at the time this assignment was made?
6 A. There is a location on our mortgage serve 6 A. It's my understanding Homecomings Financial was
7 application that contains the principle amount. 7 essentially not functioning on January 11th of 2010.
8 Q. What does that do for us as far as the 8 Q. Do you know how Homecomings caused an assignment
9 calculation of damages of the principle amount? 9 of mortgage to be issued to the Plaintiff if they
10 A. From that location on our mortgage serve 10 weren't functioning on the day of the assignment?
11 application, you're able to see that the principle is 11 A. Not specifically.
12 one hundred nineteen thousand four hundred and two 12 Q. Do you see who signed this assignment of
13 dollars and sixteen cents. 13 mortgage?
14 Q. Where does that number come from? 14 A. Yes.
15 A. Ultimately? 15 Q. Can you tell me who signed it?
16 Q. Yes. 16 A. Jeffrey Stephan and -- I think it's Jeffrey
17 A. From the -- from the originator or prior servicer 17 Stephan.
18 if that's not us. 18 Q. Is Jeffrey Stephan on employee of GMAC?
19 Q. In this case, where did it come from? 19 A. Yes.
20 A. I believe it was Homecomings Financial. 20 Q. Is he a vice president of GMAC?
21 Q. What was done with the information upon receipt 21 A. Not to my knowledge.
22 of it? 22 Q. In what capacity did he sign this assignment of
23 A. It would have been entered into our system, 23 mortgage, if you can tell?
24 mortgage serve system. 24 A. The wording on the assignment is listed as
25 Q. Anything else? 25 Jeffrey Stephan, Vice President.
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1 A. The originals would have been sent to the 1 Q. In what capacity is he assigning? For what
2 custodian. That's all I can recall. 2 business is he assigning, if you know?
3 Q. From those original boarded numbers, all of the 3 A. I believe he's signing on behalf of MERS.
4 calculations would flow? 4 Q. Do you have any knowledge if Mr. Stephan works
5 A. Yes. 5 for MERS?
6 Q. When you calculate the interest amount, is that 6 A. I don't have any knowledge that he does work for
7 taken from the note directly; or is that taken from 7 MERS.
8 prior boarded information? 8 Q. Do you have any knowledge that he doesn't?
9 A. I'm not sure which -- I'm not sure which one they 9 A. Not necessarily.
10 use, actually. 10 Q. Sir, in your capacity, in your employment with
11 Q. In this case, how did you calculate the interest 11 GMAC, would it be fair to say that you do not work in
12 that was due? 12 the servicing arm; but you, in fact, work in the
13 A. There is a per diem of twenty-one dollars and 13 litigation arm?
14 twenty-six cents due from the date of default. 14 A. There are -- generally, they're all under the
15 Q. How was the per diem calculated? 15 same umbrella.
16 A. Unpaid principle balance times the interest rate 16 Q. Do you post payments every day in your business?
17 divided into three hundred and sixty-five days. 17 A. No, I do not.
18 Q. Is this a fixed-rate note? 18 Q. Do you process escrow requests?
19 A. Yes. 19 A. No.
20 Q. Going back to Exhibit 5, do you know of any entry 20 Q. Would it be fair to say that your involvement in
21 or document reflecting GMAC contacting MERS requesting a 21 this particular note arose at the time of the
22 mortgage assignment to be issued? 22 litigation?
23 A. I don't recall seeing that information. 23 A. Yes.
24 Q. Do you know if that was done? 24 Q. When did you first become involved in this
25 A. I don't know. 25 litigation?

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1 A. About a month ago. 1 CERTIFICATE
2 Q. That would be after the case was filed? 2
THE STATE OF FLORIDA)
3 A. I believe so. 3 COUNTY OF PALM BEACH)
4 Q. Have you done any posting of payments or -- has 4
5 this person done escrows or other servicing work in this 5 I, Rachele Lynn Cibula, Notary Public, State of
6 particular file? 6 Florida at Large,
7 A. No. 7 DO HEREBY CERTIFY that I was authorized to and did
8 Q. Would it be fair to say you merely supported the 8 stenographically report the foregoing deposition; and
9 lawyers litigating this file, provided testimony as the 9 that the transcript is a true and correct transcription
10 designee? 10 of the testimony given by the witness.
11 A. Yes. 11 I FURTHER CERTIFY that I am not a relative, employee,
12 MR. KORTE: I have nothing further. 12 attorney or counsel connected with the action, nor am I
13 MS. WULFF: No questions. 13 financially interested in the action.
14 MR. KORTE: I'll take it. 14 Dated this 1st day of March, 2011.
15 MR. MANCILLA: We'll read it. 15
16 (Proceedings concluded at 4:40 o'clock p.m.) 16
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21 21 ____________________________________
22 22 RACHELE LYNN CIBULA, NOTARY PUBLIC
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1 CERTIFICATE OF OATH 1 RULE 1.310 FLORIDA RULES OF CIVIL PROCEDURE PROVIDES
2 2
3 STATE OF FLORIDA 3 (E) ANY CHANGES IN THE FORM OR SUBSTANCE WHICH THE
4 COUNTY OF PALM BEACH 4 WITNESS DESIRES TO MAKE SHALL BE ENTERED UPON THE
5 5 DEPOSITION BY THE OFFICER WITH A STATEMENT OF THE
6 I, Rachele L. Cibula, the undersigned authority, 6 REASONS GIVEN BY THE WITNESS FOR MAKING THEM.
7 certify that MARLIN KNAPP personally appeared before me 7
8 and was duly sworn. 8 PAGE LINE CHANGE REASON
9 9
10 Witness my hand and official seal this 1st day of 10
11 March, 2011. 11
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19 _____________________________ 19
20 RACHELE CIBULA 20
Notary Public, State of Florida
21 My Commission #DD 21
Expires: December 3, 2011
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