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IN THE COURT OF THE 15TH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY, FLORIDACASE NO . .

CITIMORTGAGE, INC., )Successor by Merger with )ABN AMRO MORTGAGE GROUP, )INC., ))Plaintiff, ))v. ))elal., ))Defendants. )

Deposition of:VICTORIA SCOTTtaken on behalf of the DefendantsNovember 20, 2013

Reported by:Rebecca L. Byrkel, RPR, CCR, CSRMORIARTY REPORTING VIDEO, LLC777 WHISPERING FOREST DRIVEBALLWIN, MO 63021OFFICE: (636) 230-8838FAX: (636) 2308848MOBILE: (314) 952-0437

INDEXPAGE

Page 2

QUESTIONS BY MR. ROSEN ............................12QUESTIONS BY MR. BERWIN ...........................85

EXHIBITSExhibit A, Complaint............................. 46

QUESTIONS FOR CERTIFICATIONPage 85, Line 3, And what was discussed at thatmeeting?

(Original exhibit attached to the original transcript.)

Page 31 IN THE COURT OF THE 15TH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY, FLORIDA

C SENO CITIMORTGAGE,INC., )

4 Successor by Merger with )ABN AMRO MORTGAGE GROUP. )5 INC, )

101112

v.

etJ)PlaintilT, ))))

)Defendants )

13 DEPOSITION OF WITNESS, VICTORIA SCOTT, produced,sworn and examined on November 20, 2013, between the hours14 of eight o'clock in the forenoon and five o'clock in theafternoon of that day, althe Comfort Inn . Suites, 10015 Comfort Inn Court, Conference Room, O'Fallon, Missouri,63366, before Rebecca L. Byrkel, a Regislered Professional16 Reporter, Certified Court Reporter, and CertifiedShorthand Reporter within and for the State ofMissouri17181920 APPEARANCES21 The PlainlilT\V3S represented by Mr. VictorBerwin of the law office of Akerman Senterfill, LLP, 35022 East Las Olas Blvd., Suite 1600, Fort Lauderdale, FL 33301- (954) 4632700.23 The Defendants were represented via Skype andtelephone by Mr. Evan M. Rosen, Attorney At Law, 202824 Harrison Strect, Suite 204, Hollywood, FL 33020 (754)4005150.2S

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Page 4MR. ROSEN: Rebecca, you can start

typing. So, Eric, I spoke with -- or Victor --excuse me, I spoke with Erin from Judge Oftedal'soffice who's the current foreclosure judge hi PalmBeach County. He cannot address this issue. JudgeColton is also in trial. I received an e-mail fromyou this morning regarding a case of Smith v.Southern Baptist Hospital. Is it your intention tohave both witnesses in the room for deposition?Rebecca, is Victor in the room?

REPORTER: He just left.MR. ROSEN: Okay. So we'll wait

until he comes back then. If you could please notethe time is 11:01 a.m. on the record. We are readyto proceed.

MR. BERWIN: Mr. Rosen, (just cameback into the room. This is Victor Berwin. This isimproper to have the court reporter proceed torecord our conversation. (do want to point outthat we have agreed to vo luntarily appear for thesedepositions, so this is not pursuant to a courtorder and this really doesn't involve the courtbeing able to order these deponents to do anythingbecause they're not -- these deponents are not undersubpoena.

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Vic tor ia Scot t 11/20/2013Page 5

That being said, we agree and we have 1agreed to appear here for a telephonic deposition. 2Now at the last minute, you are saying you want to 3videotape it or -- I m not sure exactly what you 4want to do. 5

MR. ROSEN: That is clearly not what 6we're saying. 7MR. BERWIN: Okay. 8MR. ROSEN: We don t want to 9

videotape it at all. We wanted to be able to see 10the witness via Skype. There will be no recording 11going on whatsoever and had there been, we would 12have certainly noticed it and you have my word as an 13officer of he court, there will be no recording 14done whatsoever of his proceeding. 15

MR. BERWIN: Okay. This is -- 16MR. ROSEN: It s another way 17

telecommunication wise for me to appear via 18voice-over-internet and via camera and microphone to 19see the witness and vice versa, to effectually get 20to the truth of he matter more easily. 21

MR. BERWIN: Mr. Rosen, this is 22inappropriate for you to unilaterally have the court 23reporter record this. That is inappropriate. You 24should know that. And you instructed her to proceed 25

Page 6recording without my permission. Whether you hired 1her or not, that doesn't mean you can start 2transcribing a deposition when there is no deponent 3here. That's improper. But aside from that, like 4I ve said, we are ready to proceed with the 5depositions via telephone. Now-- 6

MR. ROSEN: And I m certifying an 7issue in good faith because you objected to our -- 8our use of Skype and under 1.31 O(d) and 1.280, the 9Rules of Civil Procedure, which do apply whether or 10not there's a court reporter or not and whether 11you've agreed to produce a person pursuant to 12deposition or not, the Rules of Civil Procedure 13still do apply. And at this point, I m certifying 14the question because we're trying in good faith to 15work this out, but it's our opinion that at this 16point, you've not produced the witness. It s 17

:04 a.m. now -- 18MR. BERWIN: Our witnesses -- our 19witnesses are here and ready to go. 20MR. ROSEN: -- ability to take this 21

deposition and, therefore, I m left with little 22choice. Let me ask you, Victor, this, if we can 23resolve one other issue. 24

MR. BERWIN: We can resolve this 25

Page 7issue. We re ready to go with the depositions. Thedeponents are here.

MR. ROSEN: Okay. Well, that's myother question. We talked the other day on thephone about having both deponents in the room, and Itold you that the rule, as my understanding of it,is that only one witness can be in the room at atime. Is it your intention to have both witnessesin the room?

MR. BERWIN: Our intention is that wewanted to talk to you about that under the Smithversus Southern Baptist Hospital case, 564 So.2d1115. That's a 1990 case out of he 1st DCA. Itapplies here saying that you would have needed toobtain a court order to prevent a party fromattending the deposition. That said --

MR. ROSEN: Is this Dardashti v.Singer case, the 4th DCA case on this issue?

MR. BERWIN: I don't know what you rereferring to.

MR. ROSEN: There's a case, Dardashtiv. Singer, 407 2d 1098 that says just the oppositeand we were preparing to e-mail that to you inresponse, but we didn't get a chance to yet. Wehave it in the works.

Page 8MR. BERWIN: On the Smith -- o

ahead.MR. ROSEN: And that's a 4 DCA case

so even if there's a conflict, the 4th DCA casewould be binding in this issue and this is a 4 DCAcivil malter.

MR. BERWIN: Well, I think theactions you're taking here are inapprqJriate,discourteous and --

MR. ROSEN: Likewise.MR. BERWIN: -- frankly, you know, if

you wanted to see the witness, you could have flownout here to see the witness and you didn't do that.

MR. ROSEN: We have a good faithreason not to do that and do you have any goodreason not to have her on Skype, please let me know.

MR. BERWIN: Yeah. You ambushed uswith this and we agreed to telephonicaUy appear asa courtesy to you. I m here in Missoori. You couldhave appeared here in Missouri as well. You chosenot to and you're recording our conversation.You're having the court reporter record ourconversation without my permission, too, so that'sanother issue. That being said, we are ready toproceed with the depositions.

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MR. ROSEN: And if you aAJear incourt, what s the di fference? This is a proceedingMR. BERWIN: This is not aproceeding --MR. ROSEN: -- via court reporter-MR. BERWIN: No, this is nota

proceeding. This is a conversation betweenattorneys. The deponent s not in the room. Youunilaterally instructed the court reporter to startrecording our -- our conversation which iscompletely improper --

MR. ROSEN: I m ready to proceed,Victor. Can you produce your witness per ouragreement? It s now II :06 a.m. What s the firstwitness you want to bring?MR. BERWIN: I don t know what our

agreement is, but, yes, I m ready to proouce thewitness. Let me go outside the room and we re readyto start

MR. ROSEN: I m ready to begin aswell.MR. BERWIN: Are you recording thisvia Skype?MR. ROSEN: I m not recording via

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Skype. I am viewing the witness via Skype on ar ~ ~ ~ 2

MR. BERWIN: Okay. 3MR. ROSEN: There's no recording 4

taking place. 5MR. BERWlN: Okay. We believe that's 6improper, but w e re not going to allow that to 7prevent the deposition from taking place, although Bwe do object to it and I think what you've done is 9unprofessional and improper, but that being said, 10we ll produce the witness. And what about thesecond issue as to the sequestration? 12

MR. ROSEN: It's our opinion that 13only one witness can be in the room at a time. 14MR. BERWIN: Are you refusing -- are 15you refusing to proceed ifboth witnesses are in the 16room? 17MR. ROSEN: Yeah, I am. 18MR. BERWIN: Okay. Okay. Again, we 19

think you're -- you're incorrect and you re wrong 20and, again, I m voicing my opposition to you 21transcribing this, and if this does appear before 22the court, I want it to be known that I did not 23agree for you to record this conversation that you 24and I are having and you instructed the court 25

Page 11reporter over my objection to start recording it.But that being said, we will have one witnesspresent.

MR. ROSEN: Okay. Again, the onlyreason I m recording is because I m trying in goodfaith to resolve these issues and ifneed be,certi fy the issue for the court -

MR. BERWIN: Okay. That doesn'tthat s not a proper reason to record aconversationbetween attorneys, particularly when one side doesnot agree to you recording the conversation, but --

MR. ROSEN: We can take that upanother day, then, I guess, ifyou feel itnecessary.MR. BERWIN: I m going to tell the

witness to enter the room. Ms. Scott is coming intothe room.

MR. ROSEN: Okay. I d like to deposeMR. BERWIN: You told -- you said you

didn't -- MR. ROSEN: I thought about it sincewe last spoke. Is Francesca available?

MR. BERWIN: Ms. Scott needs to leaveearly, I understand, so that's -- earlier, so that s

Page 12why Ms. Scott is going to go first.

MR. ROSEN: That's fair enough.IT IS HEREBY STIPULATED AND AGREED by and

between counsel for the Plaintiffand counsel for theDefendants that this deposition may be taken in shorthandby Rebecca L. Byrket, a Registered Professional Reporter,Certified Court Reporter, and Certified ShorthandReporter, and afterwards transcribed into typewriting; thesignature of the witness being expressly reserved.

VICTORIA SCOTT,of lawful age, produced, sworn and examined on

behalf of the Defendants, deposes and says:EXAMINAnON

QUESTIONS BY MR. ROS EN:Q Good morning.A Hi.Q My name is Evan Rosen. If you could

please state your name? I represent Mr. andMrs. _ in this case. Could you please stateyour name?

A Victoria Scott.Q And your age?A Thirty-two.Q Your date of birth?_

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Q I'm sorry. What was that?A

Page 13

Q Could you please state your address?MR. BERWIN: Mr. Rosen, we canprovide that to you off the record.MR. ROSEN: Okay. Fair enough.

Q (By Mr. Rosen) Where did you live -- \matcounty did you live on or about November 30, 20 II ?

A S1 Charles County.Q And \vhat county did you work in on or

about November II th -- actuaUy not about, but onNovember 30, 2011?A S1 Charles County.Q Since I'm appearing via telephone and I

can only see you via Skype, who else is in the roomif you could please tell me?

A The attorney, Victor, and then the courtclerk.

Q Okay. And I assume that's Victor Benvin?A Yes.MR. ROSEN: Mr. Berwin, can youplease state your appeamnce for the record?MR. BERWIN: Mr. Rosen, it's

inapprq>riate for you to be asking me questionsduring the deposition.

Page 14MR. ROSEN: Okay. You want to stateyour appearance?MR. BER WIN: I think I already stated

it to the court reporter. It's victor Benvin ofAkerman. Please do not ask me questions. It'sinappropriate.

Q (By Mr. Rosen) Ms. Scott, so do youprefer Ms. Scott or Victoria?

A Doesn't really matter.Q Okay. I'll stick with Ms. Scott for nowand feel free to call me Evan if you like. As far

as you understand, Mr. Berwin's presence in theroom, does he -- what is he doing there?MR. BERWIN: Objection. Form.

Q (By Mr. Rosen) You can answer thequestion. He can't answer questions for you.There's no reason to keep looking at him.

MR. BERWIN: If you understand thequestion, answer.A He's sitting there.MR. ROSEN: Mr. Berwin, if you have

an objection, please state it in a concise manner,non-suggestive manner as per the Rules for CivilProcedure. You're not to instruct the witnessanything else.

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Page 15Q (By Mr. Rosen) He's just sitting theredid you say?A Yes.Q And he represents CitiMortgage as far as

you know?A Yes.Q Okay. And he doesn't represent you

personally; right?MR. BERWIN: Objection. Form.

Q (By Mr. Rosen) Again, you can answer thequestion. Do you have any contract with him that herepresents you personally?

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You can answer.A No.Q Okay. Have you ever had your deposition

taken before?A No.Q Any reason that you feel you're unable toanswer truthfully today?A No.Q You'll need to give full and completeanswers for the court reporter. You understand

that?A Yes.

Page 16Q Okay. I are there any documents that can

help you answer, please let us know, okay?A I don't know.Q No. If there are -- if there are any

documents during the course of he deposition thatcan help you, will you please let me know?A I have the complaint that I signed.

MR. BERWIN: Please listen to hisquestion.

MR. ROSEN: Again, Mr. Berwin, youcan't instruct the witness anything other than tomake an objection on the record in a non-suggestiveand concise matter.

Q (By Mr. Rosen) Please answer thequestion. If there are any -- are there anydocuments that might help you answer your questions?

A I don't know.Q Okay. The court reporter has to verbal ize

your answers so shaking your head or making uh-huhor huh-huh noises don't transcribe to the recordvery well. Do you understand that?

A Yes.Q Okay. And I'm here to gather information.

If there's something you don't understand, you'llplease let me know?

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A Yes.Q Great. And if you answer, then I assume

you understood it. Is that fair enough?A Yes.Q Great. If you need to take a bathroombreak or any other break, please let us know, okay?A Yes.Q Great. Once a question is pending and youdo take a break, though, you can't speak to anyoneelse while that question is pending. Do youunderstand that?A Yes.Q Are you taking any medication?A No.Q Okay. And I don't mean to pry personally.

It s just a matter of questions that sometimes needto be asked just to make sure the record is clear.Are you feeling well today?

A Yes.Q No cold or illnesses?A No.Q Okay. Are you taking any medication? I msorry. I asked you that. Have you had anything to

drink, any alcoholic beverages or drugs otherthan -- or anything of any kind in that regard?

Page 18A No.Q Your lawyer may object from time to time

as you've heard him do -- or excuse me -- the lawyerin the room. He s not your lawyer.

MR. BERWIN: Objection.Q (By Mr. Rosen) Mr. Berwin there mayobject from time to time in very limitedcircumstances and he may even tell you possibly notto answer for some reason, but those are very rare.For the most part, you ll still have to ans\\er andjust ignore the objection. Do you understand that?A No, I do not.

Q Okay. So if there's an objection posed,for the most part, you're going to have to answereither way, so you can just proceed even ifthere'san objection posed. Do you understand that?

A Not really.Q Okay. What is it that)Ou don\

understand about that?A When the attorney objects, who makes thecall that I proceed with the answer?

Q Well, that's what I m saying. The rulesof Florida allow you -- or excuse me, not allow, butrequire the answer to go forward even ifthere's anobjection barring very limited circumslances. An

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Page 19officer in the court in Florida, that s the rulesthat are in Florida informing you of that. I don tmean to mislead you. I can read you the specificrule, ifyou like, but the answer must still come onthe record and it will be taken subject to theobjection anyway, so the objection will still benoted and preserved, but your answer will still needto come forward anyway. There's no judge to ruletoday, that's the issue. t goes on the record.Are you okay with that? And, again, Mr. Berwincan't answer. There's no reason to keep looking athim. If you don't understand, please let me know.

A I understand.Q Great. Thank you. Did you prepare for

this deposition?A Yes.Q How did you prepare?A I reviewed the documents.Q What document did you review?A I reviewed the complaint that I signed,the attachments and our systems that we use.Q Okay. The attachments, what attachments

are you referring to?A The attachments to the verified complaint.Q And what are those attachments?

Page 20A A copy of the note and the mortgage.Q Okay. The system that you reviewed, whatsystem are you referring to?A DRI.Q ERI?A DRI.Q D as in David?A R as in Robert.Q R as in Robert. I as in income?A Yes.Q Do you know what that stands for, DRI?A I do not.Q You do not?A Correct.Q Okay. That's the case management system,

DRI; is that right?A I do not know.Q Do you also use something called CitiLink?A Yes.Q Okay. And you did not use that for this

particular case?A I used that for this particular case.Q You did use CitiLink, also?A Yes.Q Okay. And did you use a system called

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Maestro?A No.Q How about FileNet?A Yes.

Page 21

Q And did you use that for this case aswell?A ) do not recall.Q How about Vendorscape, did you use that inthis case?A Yes.Q Okay. And tell me about DR), what do youuse DR) for?A DRI has the borrower's information and

different correspondence throughout the company.Q So what would you have reviewed in that -

in this particular case?A I reviewed it for the cOlmty of theproperty and I do not recall what else.Q Okay. You also said you used CitiLink inthis case. Can you please tell me what in CitiLinkthat you used in this particular case, what you

viewed in CitiLink in this particular case?A I reviewed the payment history.Q And the payment history, can you please

describe that for me.Page 22

MR. BERWIN: Objection. Form. Youcan answer.A Can you repeat the question, please?Q (By Mr. Rosen) What did you review -

could you please describe the pay history for me?MR. BERWIN: Objection. Form.A It has the principal balance and other

things that are due and owing and dates.Q (By Mr. Rosen) Anything else in the payhistory?A I do not recall.Q You review pay histories as part of yourjob; right?A Can you repeat the question?Q You view pay histories as part of yourjob; right?A I did review pay histories as part of hatjob.Q And -- Okay. We're going to talk aboutthat. Do you no longer verify complaints?A Correct.Q Okay. So when you did verify complaints,

you viewed pay histories on a daily basis. Is thatfair to say?

A During the working week.

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Page 23Q Sure. And about how many of hose did you

view a day, approximately?A I viewed between five and eight a day.Q Okay. And how long were you -- how many

days, weeks or months that best describe how long -you were viewing pay histories, five or eight a day,how long were you in that capacity, in that role?

A About a month.Q Okay. We re going to talk about that injust one second, but I want to continue on with the

other software that you use. You said you also usedVendorscape. Can you please tell me what you viewedin Vendorscape as part of his case?

A I viewed the documents that the attorneyuploaded that needed to be executed and theattachments that they provided.

Q What were the documents that were uploadedthat you referenced?A The complaint that I signed, the amendedcomplaint that I signed.Q Anything else?A I reviewed the attachments that they

provided.Q And what attachments are those?A They provided the copy of he original

note and mortgage.Q Anything else?A I do not recall.

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Q So as far as you recall in this case, youreviewed the pay history, the complaint, theattachments to the complaint, which was a note andmortgage and was there anything else?A I reviewed the title search that theattorney provided.

Q Title search. And how did -- how was thetitle search provided?A Through an attachment.Q Attachment where?A In Vendorscape.Q Okay. So complaint, title search, note,

mortgage and pay history. Anything else?A I do not recall.Q What time -- do you have a conflict today?

Do you have something to do after this deposition?A I will return back to work.Q What s that?A I will return back to work.Q Okay. And what time do you have to return

to work?A There's no set time.

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Page 25Q No set time you said?A Correct.Q Do you know why your attorney -- or excuse

me -- Mr. Berwin in the room there told me that youhave a conflict and you need to get back sooner?MR. BERWIN: Objection. Form.That's not what I said.

Q (By Mr. Rosen) You can answer thatquestion.A I don't know.Q Okay. Let s continue on. How much time

does it take to review all these documents inpreparation for verifying the complaint?

A For a complaint, in general, it would takea couple hours.Q Okay. And when you say couple, is that

two, roughly?A I don't know.Q Okay. Well, is it more than two?A It would depend on the document.Q Okay. On average, how long would it take

to review the documents to verify a complaint?MR. BERWIN: Objection. Form.A It would take -- it would take a couplehours.

Page 26Q (By Mr. Rosen) Okay. And how long does

it take you to do whatever else you need to do toverify a complaint?A Can you rephrase your question, please?Q How long does it take you to do \mateverelse you need to do in addition to reviewing

documents? I ll rephrase that. Do you do anythingelse before verifying a complaint besides reviewingdocuments?A I review our systems.Q Okay. How long does it take you to review

systems -- the systems?A It depends on what's being asked in the

document.Q Okay. On average, how long does it take

you to review the systems?A It would just depend on \\hat's beingasked.Q On average, if you could, how long does ittake to review the systems?

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You can answer.A It would just depend on hat kind ofquestions are being asked on how long it would take.Q Okay. In your experience, how long does

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Page 27it typically take to review the systems on a givenday for one particular case?

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You can answer.A Again, it would take different amount oftimes for different questions.Q How long does it take you, roughly, to

verify a complaint?A About --Q Actually -- well, let me -- before I say

that, is there anything else that you do besidesreviewing documents and reviewing the systems toverify a complaint?

MR. BERWIN: Objection. Form.A I do not recall.Q (By Mr. Rosen) Okay. So you don t recalldoing anything else other than reviewing documents

and reviewing the systems; is that right?A I executed.Q What do you execute?A The documents.Q Are you there?A Yes.Q What do you execute?A The documents that need to be executed.

Page 28Q Okay. So what is that that needs to be

executed typically?A I executed complaints and affidavits.Q Okay. In this particular case, what did

you execute?A I executed --Q If you need to look at something, I hearsome paper shuffling, please let me know ifyou

don t remember. You have to testifY from personalknowledge, but if you don t remember and you want tolook at something, please let me know.

A I executed the amended verified complaint.Q Okay. And are you looking at -I m

hearing papers shuffling.A I m looking at the complaint that was

provided at the beginning of the deposition.Q Okay. Again, ifyou can t remember

something, please let me know. You can t look at adocument. You have to testifY from your personalknowledge, so ifyou could please -- just put thosedocuments aside, but by all means, if here is adocument that will help you refresh yourrecollection, then we can do it -- we can approachthat. So besides verifying the complaint, whichyou ve just now confirmed by looking at the papers,

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Vic tor ia Sco t t 11/20/2013Page 29

I understand, is there anything else that you signedin this case?

A No.Q Okay. Where do you work?A I work for CitiMortgage.Q And where is that?A 1000 Technology Drive.Q And what are your hours?A 6 a.m. to 2:30 p.m.Q To 2:30 p.m.?A Yes.Q You work any place else?A No.Q When did you start working forCitiMortgage?A October of20 I tQ And what is your job title now?A Attorney management research and

resolution.Q How long have you had that position?A Since February of2012. I m sorry.February of2013.

Q Okay. And prior to February 2013, whatwas your position?A I was a document control officer/qualityPage 30

control specialist.Q Okay. And you were in that position--when did you start at that position?

A October 3, 20 II.Q And then you stopped in February 2013?A Yes.Q Can you please describe your duties andresponsibilities as an attorney management and

research -- research and resolution position thatyou testified that you are currently in sinceFebruary of2013?A Yes. I send out service transfer e-mailsand I review score cards for trending and I work onQC, the on-site audits for our firms.

Q When you say -- Is there anything else,any other duties that you have in addition to those?A t can vary depending on the day.Q Okay. Can you give me some input as to

what other duties you might have depending on theday?A Sometimes I send bill-back letters to theattorneys.Q Did you say bill-back letters?A Correct.Q Okay. Anything else?

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Page 31A Not that I can recall.Q Okay. You don't recall if you have any

other duties?A Not at the moment.Q Okay. Can you please tell me what youmean by service transfer e-mails. What does thatentail?

A When service is being transferred to adifferent servicer, I inform the attorneys that thisis going to happen.

Q Okay. And when you say review scorecards, what does that mean?A I review the attorney score cards andcheck for trending.

Q Can you please describe what that means?MR. BERWIN: Objection. Form.A I review--Q (By Mr. Rosen) You can answer.A I review the score cards to check fortrending between the attorneys and the business.Q And what is a score card?A I don't know.Q So you're reviewing score cards. What are

you seeing in the score cards?A Reasons why there's possible delays.Page 32

Q Okay. So you do score cards. What areyou looking for in the score cards? You re lookingfor -- I think I just repeated your answer there.So are score cards measuring how quickly aforeclosure or slowly a foreclosure is moving along?A I do not know.

Q So you're reviewing something you don\know what it's doing. Is that \\hat you re saying?

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You can answer.A I do not know.Q You don t know what you re saying?A I don t know what you re asking.Q Okay. I m asking what are the score cardsfor? What are they scoring in the score cards?A The score cards have a lot of informationand I review one part ofit.Q Okay. When you say a lot of information,

what s in the score cards?A I do not know everything that s in thescore card.

Q Okay. Well, what are you reviewing in thescore cards?A Why there are delays in the foreclosure -Q What do you mean delays?

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A Please don't interrupt me. 1 A I do not know.Q Okay. I m sorry. I thought you were 2 Q Okay. Regarding the QC on-site auditsfinished. Go right ahead. 3 that you said you do, what is that?A I review why there's possible delays in 4 A When a legal auditor and a businessthe foreclosure timeline. S auditor go on site to the firms.Q Foreclosure timeline, you mean the Q And you were saying when an auditor comeslitigation time line? 7 to the firm, what are you doing when that happens?A The foreclosure timeline. 8 A When a legal auditor and a businessQ What does that mean? 9 auditor go to the firms, I do not know what takes

MR. BERWIN: Objection. Form. 10 place while they are there.A The amount that it takes for a Q Okay. But what are you doing whileforeclosure. 12 they're there?Q (By Mr. Rosen) Is that from -- can you 13 MR. BERWIN: Objection. Form.

please explain what you mean the amount that it 14 A I QC the reports that they provide me.takes for a foreclosure? What is the starting date 15 Q (By Mr. Rosen) When you say QC theof the amount of time that it takes for a 16 reports, what does that mean?foreclosure? 17 A I look them over for quality control.

A I do not know. 18 Q You go over it for quality control. CanQ What is the ending date that a -- that 19 you please tell me what that means?you're measuring for the timeline -- foreclosure 20 A I audit it.timeline or the amount of time it takes for a 21 Q What does that mean? What are you lookingforeclosure? 22 for? What are you auditing?A It varies with states. 23 A That there's no spaces that are empty,Q What are you looking for as an ending 24 that do not need to be empty, that they ve provided

date? 25 all the e-mails that they provide, that need to bePage 34 Page 36

A It varies with states. 1 provided.Q Okay. n Florida, what are you looking 2 Q Okay. Anything else?for for an end of the foreclosure timeline? 3 MR. BERWIN: Objection. Form.A I do not recall. 4 A That would be -- And I make sure that theQ So you're looking for the timeline. S e-mails that needed to go out prior to the auditsWhat -- who are you reporting to on these score were sent and received back.cards? 7 Q (By Mr. Rosen) Anything else?A My manager. 8 A Not that I can recall.Q And who is that? 9 Q You said something about bill-back lettersA Shannon Greiner. 10 in your current duties. What are bill-back letters?Q Did you say Shannon? A Letters informing the firms that they needA Yes. 12 to provide documentation for the invoices.Q Can you spell that for us? 13 Q Excuse me. Provide documents did you say?A S-h-a-n-n-o-n. 14 A No, that s not what I said. I said theyQ And her last name? 15 need to--A Greiner. 16 Q What did you say?Q Can you please spell that as well? 17 A I said they are being informed that theyA G-r-e-i-n-e-r. 18 need to provide documentation for invoices that wereQ And where are you getting the score cards 19 sent.from? 20 Q Okay. And who is they?A A Share Point site. 21 A The firm.Q Is there someone that's sending those to 22 Q The law firms?you? 23 A Yes.A Yes. 24 Q So you re asking them for more informationQ And who is that? 2S on invoices?

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1 A Yes. 1 Q Right. And that's specifically to allege2 Q Okay. Prior to your duties as this 2 the amount that's owed by the borrower; is that3 attorney management role that \ Ie just discussed, the 3 right?4 document control officer, slash, I believe you said 4 A I do not know.5 quality vendor specialist. Is that what you said? 5 Q You don't know whether those affidavits6 A No. 6 are -- whether they're used to allege the amount of7 Q Quality -- what was it that you said? 7 the borrower is owed -- is owing?8 A Quality control specialist. 8 MR. BERWIN: Objection. Form.9 Q Quality control specialist? 9 A They were amounts explaining what was due

10 A Yes. 10 and owing for the foreclosure.Q Okay. Regarding that title, document Q (By Mr. Rosen) By who?12 control officer or quality control specialist, what 12 A What?13 were your duties and responsibilities? 13 Q Who owed the money?14 A I m sorry. Can you repeat your question? 14 A The borrower.15 Q When you were a document control 15 Q Okay. Your title has never been a record16 officer/quality control specialist, what were your 16 custodian at CitiMortgage; right?17 duties and responsibilities? 17 A Correct.18 A I executed documents and then I audited 18 Q And do you know who the record custodian19 documents that were executed by the document control 19 is at CitiMortgage?20 team. 20 A I do not know.21 Q What documents did you execute? 21 Q The responsibilities that you ve described22 A I executed affidavits and complaints. 22 for me in your two roles at CitiMortgage or two23 Q Anything else? 23 different roles it seems - or let me rephrase that.24 A Not that I can recall. 24 All of your responsibilities at25 Q And what documents did you audit? 25 CitiMortgage have been involved in loans that are

Page 38 Page 401 A I audited affidavits and complaints and I 1 already in default. Is that mir to say?2 do not recall what else. 2 A No, it is not.3 Q Regarding affidavits that you mentioned, 3 Q Okay. What involvement do you have with4 both executing and auditing, what affidavits are you 4 loans that are not in default?5 referring to? 5 I don't have any involvement, but I6 MR. BERWIN: Objection. Form. 6 currently do not deal with loans.7 A Affidavits of amounts due and owing. 7 Q Okay. Currently not dealing with loans.8 Q (By Mr. Rosen) Anything else? 8 What is it that you're doing that doesn't deal with9 A Different states have them named 9 loans?

10 differently, but generally they're affidavits of 10 A My current position deals with theamounts due and owing. attorneys.12 Q Okay. So affidavits to support a 12 Q Okay. So there's nothing new other than13 foreclosure alleging an amount that \\as due and that 13 what \ve ve described. You're just differentiating14 there was a breach, etc., things of hat nature; is 14 that now you're working with attorneys regarding15 that right? 15 foreclosure cases and before you're working directly16 A They were affidavits of amounts due and 16 with the loans and the documents. Is that what17 owing. 17 you're saying?18 Q Okay. And when you're referring to an 18 MR. BERWIN: Objection. Form.19 affidavit of amount due and owing. that s 19 A Can you rephrase the question, please?20 specifically for foreclosures; correct? 20 Q (By Mr. Rosen) Sure. You said that you21 A Yes. 21 don't work with loans anymore. I m just trying to22 Q And that's specifically used to allege the 22 clarify. So is what you're saying that your current23 amount that is owed by the borrower; is that right? 23 position deals with attorneys, and before when you24 A They were amounts -- they were affidavits 24 were in a prior position, the one prior position25 of amounts due and owing. 25 that we discussed, that's when you dealt with loans.

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Is that ,\hat you re saying?A My prior position was me executingdocuments for loans. I no longer execute documents

for loans.Q You no longer do that?A Yes.MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You broke up for a secondthere. You said you no longer do that?A I no longer execute documents for loans.Q Okay. The attorneys involvement -- doattorneys -- are any of the attorneys involved in

cases where there has not been a default on theloan?

MR. BERWIN: Objection. Form.A I do not know.Q (By Mr. Rosen) Okay. The documents thatyou were signing for affidavit and complaints, are

any of those being signed for cases in which thereis not a default on a loan?MR. BERWIN: Objection. Form.

A I do not know.Q (By Mr. Rosen) Okay. So it s possiblethat some of hose things you re signing are for

loans that are not in default?Page 42

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You can answer.A I no longer execute documents.Q I understand that. But when you -- when

you used to do that, I asked you if you were doingthat for loans that were not in default and you saidyou don't know?A I execute documents. Me personally, Iexecuted documents that were loans that were inforeclosure.Q Right. And those are loans that are indefault; right?A Correct.Q Maybe if I rephrase that. Those are loansthat people are allegedly not paying on; is thatright?

MR. BERWIN: Objection. Form.A I do not--Q (By Mr. Rosen) You may answer.A I do not know.

please?

please?

THE WITNESS: Can I get a break,MR. ROSEN: Okay. Can you what?THE WITNESS: Can I have a break,

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Page 43MR. ROSEN: Of course. Not a

problem. Rebecca, we re going to note that we retaking a break. It s II :52 a.m. Eastern Time.(Whereupon, a brief break was taken.)Q (By Mr. Rosen) Ms. Scott, do yousupervise anyone?A No.Q Did you supervise anyone in your priorposition when you were verifying and signing

documents?A No.Q Prior to working at CitiMortgage, what didyou do immediately prior to October 3, 2011? What

type of work did you do?A I was a paraeducator for special educationstudents at a middle school.Q Did you say paraeducator?A Yes.Q What does that mean?A I assisted the students with special

educatioo.Q And how long did you do that?A I did that from September of2003 to prior

to working with CitiMortgage.Q And did you do that all the way up

Page 44until-- was it October of2011?A Prior to October of 20 IIQ Okay. When did you stop being a

paraeducator, roughly?A September of201 IQ Okay. And prior to being a paraeducator,what type of work did you do?A I worked in a preschool.Q What was your role in the preschool?A I took care of he four-year-old students.Q How long did you do that?A Roughly five years.Q So from about 1997 to 2003; is that right?A From about 1999 to 2003.Q Okay. So about four years. And prior topreschool, teaching four-year-olds, what type ofwork did you do?A I was a minor in high school.Q Okay. Is high school the highest level ofeducation you've achieved?A No.Q Okay. What is the highest level ofeducation you've achieved?A I have an Associate's degree and somecollege.

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Q What is the Associate's degree in?A Art.Q And you say you have some college -A Yes.Q -- hours?A Yes.Q What college?A I attended Lindenwood University and

Fontbonne University.Q Lindenwood and what was the other one?A Fontbonne University.Q Did you say Foxbond? I m sorry. My phone

is breaking up.A Fontbonne University.Q Okay. Can you spell that last one for us?A F-o-n-t-b-o-n-n-e University.Q And could YOll spell Lindenwood for us,

please?A L-i-n -e-n-w-o-o-d.Q And what type of college courses did you

take at those two institutions?A Can you please explain what institutions

you're talking about?Q The two you just mentioned, Fontbonne and

Lindenwood.Page 46

A I took general education courses and Itook classes towards special education.Q Were there any other institutions that you

attended other than those two?A Yes.Q Where was that?A St. Charles Community College.Q And that's where you received the

Associate's degree in art?A Yes.Q Okay. Are you married?A Yes.Q Okay. Now, you're here to testifY about

this particular case and specifically a verifiedfirst amended complaint to foreclose mortgage. I vegiven it to the court reporter an exhibit.

MR. ROSEN: I d like it to be markedifi t hasn't been marked already. We can mark it asDefense Exhibit I. And if Mr. Berwin has not seenthat yet, if you could please hand that toMr. Berwin.

(Whereupon, the court reporter marked Exhibit Afor identification.)Q (By Mr. Rosen) What s in front of you,

what s been handed to the witness as Defense Exhibit

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Page 47A, that states -- that's a verified first amendedcomplaint to foreclose mortgage. Isn't that whatthat says?A Yes.

Q And if you flip three pages in, there's asignature that appears to be Victoria Scott Isthat your signature?

A Yes.Q And it says that you signed or there's a

date next to your name at least of 11/30111 Isthat the date you signed?

A That 's the date that's on the document.Q That wasn't my question, but thank you.

Is that the date you signed?A Yes.Q Okay. And if you don't know, that's fine.

Just -- you know, I'm just trying to get it clearhere. Tell me, did you take - undertake anytraining to verify a complaint?

A Yes.Q Would you please describe the training

that you took?A I did side-by-side training with other

document control officers and I also took somecomputer courses.

Page 48Q Okay. Now we talked earlier about the

documents that you reviewed in this case prior toverifYing. We talked about the process briefly.Other than reviewing the documents and reviewing thesystems which we discussed, is there anything elsethat you do to verifY the complaint in thisparticular case or generally?

A I review the documents and I review - Irely on our systems.

Q Okay. In addition or besides those twothings, anything else that you do?

A Not that I can recall.Q Do you keep a log of complaints that you

verifY?A I did at the time.Q You did?A Yes.Q Where was that kept?A On my computer.Q Was that stored, if you know, locally on

your computer or was it --A I don't know that stuff.Q You dCll t know?A Yeah.Q Do you still use that same computer?

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A No.Q If we were to ask you to try and find that 2

log. do you think you d be able to get it? 3A I do not know. 4Q Who was your supervisor when you were 5

verifying complaints? 6A David Burnett. 7Q And he was the supervisor at the time that 8

you verified the complaint in this case? 9A Yes. 10Q And did you supervise anyone? 11

MR. BERWIN: Objection. Form. 12A No. 13Q (By Mr. Rosen) Do you read the complaint? 14A Yes, I read the complaint 15Q So your knowledge of his case is based 16

upon a review of what you see in the systems and the 17documents; isn\ that right? 18

A Yes. 19Q Describe the office space you worked in 20when you were verifying complaints. 21

MR. BERWIN: Objection. Form. 22Q (By Mr. Rosen) Was it adesk or a cubicle 23office? 24A You broke up. You need to repeatthat. 25

Page 50Q Sure. Describe the office space that youworked in when you verified the complaint in this

case. MR. BERWIN: Objection. Form.A I work at a desk.Q (By Mr. Rosen) Was it in an office or anenclosed room?A No.Q No? Where was the desk?A On the floor.Q Okay. Were there other people in the roomwith you?A Yes.Q Were you sitting at the desk by yourself?A Yes.Q How many other people are in the room?A I don't recall.Q Roughly?A I can't even estimate.Q Hundred?A I can't even --Q Was it more than .- you know, is it morethan 10?A Yes.Q Okay. More than 20?

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Page 51A Yes.Q Okay. Can you say if it s more than 30?A Yes.Q Okay. Is it more than 40?A Yes.Q Okay. How about more than 50?A That I don't know.Q Okay. So it's something more than 40, but

you're not sure how much more?A Correct.Q Is that fair? Okay. What are thosepeople doing in the room?

MR. BERWIN: Objection. Form.A Their jobs.Q (By Mr. Rosen) Okay. And what are those

jobs?MR. BERWIN: Objection. Form.

A I don't know.Q (By Mr. Rosen) Are there other people

verifying complaints?A Yes.Q Are other people doing anything other than

verifying complaints?A Yes.Q What -- what might some of those other

Page 52things be?A I don't know.

Q Okay. When you were in this room, youwere signing the complaints?A I executed the documents after I verifiedthem.Q Yeah. Okay. And executing them means

signing; right?A Yes.Q Okay. And who was next to you when youwere signing the complaint in this case?A I do not recall.Q Okay. Did you also execute anything else

in that room at that time--A Yes.Q during that time? Okay. And thosewere the affidavits?A I do not recall.Q Okay. Well. you said earlier you signedaffidavits and complaints; right?A Yes.Q And was anyone else in the room signingthose affidavits?A I don't know what the other people weresigning.


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Q That' s not what I'm asking. Was anyoneelse in the room while you were signing theaffidavits?

A I work in a big office floor so there werelots of people working.

Q Okay.A I don't work in an office.Q Anyone next to you while you were signing

the affidavit --A Not at my desk.Q -- affidavits? Not at your desk?A No.Q Okay. When you sign affidavits, those

were later notarized; right?A Affidavits are notarized.Q And when will those get notarized?A At the signing meeting that would take

place.Q So you were signing, no one else was nextto you, I'm not understanding how the affidavits are

notarized. Can you please explain that?A Well, the complaint is not notarized.Q Right. And the affidavits I'm referring

to. That's what we're talking about.A But I did not sign any affidavits for this

Page 54case.Q I understand. Generally when you were

signing atlidavits is what I was referring to. Whendo those get notarized?

A At the signing meeting.Q Okay. And where was the signing meeting?A In a conference room.Q Not at your desk?A Correct.Q Where are the records kept for this case

at the time you verified the complaint?A I don't recall.Q Do you know where the records are kept in

this case now?A I do not know.Q Okay. Let's take a look at the complaint,

Defense Exhibit A The first sentence says,Plaintiff, CitiMortgage, Successor by Merger with

ABN, A-M-R-O, AMRO Mortgage Group, Inc. ; right?A Can you repeat that, please?Q I'm reading from the very first sentence

underneath the title, Plaintiff, CitiMortgage,Inc., Successor by Merger with ABN AMRO MortgageGroup, Inc. Isn't that what that says?

A That is what that says.

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Page 55Q Okay. How did you know that CitiMortgage

was successor by merger to ABN Amro Mortgage Group?A I reviewed the merger document.Q Okay. And I asked you earlier about all

the documents that you reviewed, did I not?A Yes.Q And you didn't say anything about a merger

document; isn't that right?A I do not recall.Q So you reviewed a merger document. What

did that merger document say?A I do not recall everything that was on the

document.Q What did the merger document look like?A A piece of paper on the - it was a screen

shot of a piece of paper.Q How do you remember that you looked t

that?A Because it's how I would have to verify

that.Q You recall reviewing that specific

document in this case?A I reviewed the merger document for this

case.Q Do you remember what you reviewed after

Page 56the merger document?

A I do not recall.Q Do you remember what you reviewed before

the merger document?A I do not recall.Q Do you remember where you were when you

reviewed the mortgage document -- the mergerdocument?

A At my desk.Q Do you remember if anyone was near you

when you reviewed the merger document?A I do not recall.Q Do you remember roughly what time of he

day it was when you reviewed the merger document?A I do not recall.Q Do you remember how long you looked at the

merger document?A I do not recall.Q Do you recall how long the merger documentwas, how many pages?A I do not recall.Q Okay. This is an action to foreclose a

mortgage on real property located in Palm BeachCounty. That's the next thing under paragraph IIsn't that what that says?

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A Can you rephrase that, please? 1 A A note was placed into the log statingQ No. There's no question pending. Let's 2 that the original note and mortgage were sent to thetalk about the -- number 5 in the complaint. It 3 firm.says, The Plaintiff is entitled to enforce the 4 Q Okay. Does it say who entered that?Note. How do you know that's true and correct? 5 A I'm sorry. What?

Number 5 says, The Plaintiff is entitled 6 Q Does it say who entered that log note?to enforce the Note as a holder in possession and to 7 A It says who enters itforeclose the Mortgage securing the Note. The note 8 Q And who was the person that entered thatis endorsed in blank and the note -- the original 9 log note?note and mortgage were sent to the firm prior to 10 A I do not recall.signing this docummt. 11 Q And when was the log note entered?

Q So let me rephrase that. How do you know 12 A I do not recall.the plaintiffs entitled to enforce the note? 13 Q Where were you when you saw that log note?A The note is endorsed in blank and the 14 A Sitting at my desk.original note and mortgage were sent to the firm 15 Q Do you recall if you saw it prioc toprior to executing this document. 16 seeing that log note?Q They were sent to where? 17 A I do not recall.A The firm. 18 Q Do you recall what you saw after that logQ Okay. How do you know they were sent to 19 note?the firm prior to your executing this? 20 A I do not recall.A I relied on our system that said it was. 21 Q Do you recall approximately what time ofQ What your system said, which \ws this was 22 the day you saw that log note?sent to the attorney prior to your executing? 23 A I do not recall.A You have to repeat that. You broke up. 24 Q Do you recall when the log note wasQ Sure. What in your system indicated that 25 entered?

Page 62 Page 64the note was sent to the attorney prior to your 1 A I do not recall.executing the complaint? 2 Q What does it mean to be a holder?

A There was a note in our system that says 3 MR. BERWIN: Objection. Form.original note and mortgage sent to the firm -- 4 A A holder is the person who has possession

Q Okay. What system was that? 5 of the note or who it is endorsed to.A -- along those lines. What? 6 Q (By Mr. Rosen) Nothing else?Q What system was that? 7 A Not that I can recall.A DRI. 8 Q How was the plaintiff entitled toQ And what is the name of that part of he 9 foreclose the mortgage?DRI that would say such a thing? 10 MR. BERWIN: Objection. Form.A The log. 11 A Can you rephrase that, please?Q The log? And does it tell you the date 12 Q (By Mr. Rosen) Sure. How do you knowand time that the note was transferred to the 13 it's true and correct that the plaintiff is entitledattorney? 14 to foreclose the mortgage?A No. It says the date and time that the 15 MR. BERWIN: Objection. Form.note was put into the log. 16 A Because the note secures the mortgage andQ You mean date and time it was scanned into 17 CitiMortgage is the holder of he note.the log? 18 Q What is a purchase money mortgage?A No. The date and time that the note was 19 MR. BER WIN: Objection. Form.placed into the log. 20 REPORTER: I didn't hear yourQ How was the note placed into the log? I'm 21 question. Can you say it again?picturing a log on the computer record; right? 22 Q (By Mr. Rosen) Sure. What is a purchaseA It's a record in our system. 23 money mortgage?Q Right. So how does an original document 24 MR. BER WIN: Objection. Form.placed into the computer log or system? 25 A It's a mortgage that they're purchasing.

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Q 111at who s purchasing?A The mortgagor. That would be ABN Amro.Q Are you shaking )our head and looking at

Mr. Berwin?A No.Q That s what I just saw on here.A I did not look at Mr. Berwin.Q Who s sitting to your left?A Mr. Berwin.Q Okay. You unrerstand that you can t rely

on anyone else's input while you re under oath indeposition. This is based on your personalknowledge; correct?

A Yes.Q Okay. So a purchase money mortgage is amortgage that ABN Amro purchased. Is that whatyou re saying?

A No. A purchase money mortgage --MR. BERWIN: Objection. Form to thequestion by the way. You can answer.

A It s a mortgage that s purchased by theperson that executed the mortgage.Q (By Mr. Rosen) In this instance, it waspurchased by -- the person who executed the mortgagewas

Page 66MR. BERWIN: Objection. Form.Q (By Mr. Rosen) If you don't recall, you

got to tell me you don't recall. You can't look atdocuments while you're testifYing unless there'ssomething that can refresh your recollection. Soyou don't recall who signed the mortgage?

A I m looking at who executed the mortgage.Q Okay. Well, again--A I do not recall.Q -- it's to the best of your recollection.

Then that's fine. Will looking at the mortgagehelps refresh your recollection as to who signed it?

A Yes.Q Okay. When you're done looking at that,

close the paper and look up and we can go back toanswering the question if your memory's beenrefreshed.A

Q Wait. Wait. You can't read from thatdocument. Has your memory been refreshed?A I do not recall the exact name.Q You don't recall who signed the mortgage?A The borrowers.Q Okay. And you just looked at themortgage; right?

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Page 67A Yes.Q And that didn t refresh your recollection

as to who signed it?A I was trying to get the names correct.Q Okay. Would it help to look at it again?

I don't want you to read from the document. You reallowed to look at it ifit would help refresh yourrecollection. Feel free to go ahead and do that.

A andexecuted the mortgage.

Q Okay. What does it mean -- a liensuperior, what does that mean?

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) And. again,just lookingat me and not looking at any papers, what does it

mean, a lien superior?A Am I not allowed to look at the paragraph

you're reading from?Q If you -- if here's some reason that willhelp refresh your recollection as to the answer,

then sure, we can take a look at that if you like.Will that help you? First of all, do you notremember what a lien superior is?

A A lien superior would be the first lien.Q Okay. And what is a superior indignityPage 68

mean?MR. BERWIN: Objection. Form.

A I do not know.Q (By Mr. Rosen) What does it mean superiorto any prior or subsequent right?MR. BERWIN: Objection. Form.

A I do not know.Q (By Mr. Rosen) What does it mean superior

in any prior or subsequent title?MR. BERWIN: Objection. Form.

A I do not know.Q (By Mr. Rosen) Okay. And what does it

mean for claim -- and, again, it looks like you relooking at sanething again. Just based upon yourpersonal knowledge, what is a lien superior to anyprior or -- excuse me -- to any prior or subsequentclaim mean?

MR. BER WIN: Objection. Form.A I do not know.Q (By Mr. Rosen) How about do OU know what

a lien superior in dignity to any prior orsubsequent lien means?

MR. BERWIN: Objection. Form.A I don t know.Q (By Mr. Rosen) Okay. And do)Ou know

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1 what a lien superior indignity to any prior or 1 correct the plaintiff declared the full amount2 subsequent interest arising out of the mortgagee or 2 payable under the note and mortgage to be due and3 the mortgagee predecessor in interest? Do you know 3 payable?4 what that means? 4 A I do not know.5 MR. BERWIN: Objection. Form. 5 Q What is a deficiency?6 A That is not a fact that I verified. 6 MR. BERWIN: Objection. Fonn.7 Q (By Mr. Rosen) Okay. How do you know 7 A A deficiency is less than something.8 that Anthony and Kharla were current owners of the 8 Q (By Mr. Rosen) Okay. As it relates to a9 property at the time of the lawsuit? 9 foreclosure action, what is a deficiency?

10 MR. BERWIN: Objection. Form. 10 MR. BERWIN: Objection. Fonn.11 A Can you repeat your question, please? 11 A Can you repeat that, please?12 Q (By Mr. Rosen) Sure. How do you know 12 Q (By Mr. Rosen) Sure. As it relates to a13 that were the current 13 foreclosure action, what is a deficiency?4 owners of he property at the time of the lawsuit? 4 MR. BERWIN: Objection. Fonn.

15 A I reviewed a title search. 15 A A deficiency is less than something so16 Q How do you know the property is subject to 16 it's a- -17 the mortgage in this case? 17 (By Mr. Rosen) If you don't know, it's18 A The mortgage -- the mortgage is -- lists 18 perfectly fine to say you don't know.19 the property. 19 A Can you rephrase your question, please?20 Q Okay. What is a condition precedent? 20 Q Sure. I don't want you to guess. No one21 MR. BERWIN: Objection. Form. 21 here wants that. Do you know what a deficiency is22 A I don't know. 22 as it relates to a foreclosure action?23 Q (By Mr. Rosen) What is aCCl lcration of 23 MR. BERWIN: Objection. Fonn.24 the note and mortgage, what does that mean? 24 A A deficiency is an amount due.25 MR. BERWIN: Objection. Form. 25 Q (By Mr. Rosen) Okay. Anything else to

Page 70 Page 721 A I do not know. 1 describe what a deficiency is as it relates to a2 Q (By Mr. Rosen) What does it mean -- How 2 foreclosure action?3 did you know that it was true and correct that there 3 MR. BERWIN: Objection. Fonn.4 was a default in the payment of he amount due under 4 A I don't know.5 the note? 5 Q (By Mr. Rosen) What does discharge in6 A I relied on our systems on the payment 6 bankruptcy mean?7 history. 7 MR. BERWIN: Objection. Form.8 Q And that same -- Strike that. One minute. 8 A That a bankruptcy has been discharged.9 I'm sorry. 9 Q (By Mr. Rosen) What does that mean ifyou

10 How do you know the plaintiff-- how do 10 could describe that--11 you know it's true and correct that the plaintiff MR. BERWIN: Objection. Form.12 declared the full amount payable under the note and 12 Q (By Mr. Rosen) -- without u s ~ those13 mortgage to be due and payable? 13 same words?14 A I'm sorry. Can you repeat that? 14 MR. BERWIN: Objection. Fonn.15 Q Sure. How do you know that the plaintiff 15 Q (By Mr. Rosen) What's your understanding16 declares the full amount payable under the note and 16 of hat?17 mortgage to be due and payable? 17 A That's a statement. I - it just means18 A Can you rephrase that, please? 18 that somebody has been discharged from a bankruptcy,19 Q Sure. Are you looking down at something? 19 relieved from a bankruptcy.20 A I'm looking at the paragraph that you were 20 Q So it means relieved from a bankruptcy?21 reading. 21 MR. BERWIN: Objection. Fonn.22 Q Okay. Let's take that paragraph away. If 22 THE WITNESS: I need a break, please.23 you could just hand that back to the court reporter. 23 Q (By Mr. Rosen) Is that right?24 Based on your personal knowledge, at the time the 24 MR. ROSEN: You need another break?25 lawsuit was filed, how do you know it's true and 25 THE WITNESS: Yes, please.

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MR. ROSEN: Okay. Sure. We can takeanother break. Rebecca, I assume you're going tomark the time on the record so when you guys areready, let me know, okay? We're almost done,Victoria. We really don't have a lot more. I'd besurprised ifit was more than 5 or 20 minuteshopefully.

(Whereupon, a brief was taken at :47.)Q (By Mr. Rosen) Ms. Scott, did you speak

to anyone whi Ie we were on break?A I spoke with Francesca.Q Excuse me?A I spoke with Francesca.Q Okay. And did you speak with anyone while

you were on the prior break?A I spoke with Francesca.Q And what did you say to Francesca at theprior break?A Which break are you talking about?Q The first break you took.A Her hair.Q Anything else?A Where the bathroom was.Q Anything else?A Not that I can recall.

Page 74Q And the second this last time you spokewith Francesca, what did you guys speak about?A That it was cold in the lobby.Q Okay. Anything else?A That I can't find where any water is, likea drinking fountain.Q Okay. Anything else?A Not that I can recall.Q Okay. How do you know it's true andcorrect at the time of signing the complaint thatthe amount due and owing was 267,407.98?A I don't have the paper in front of me toknow that the numbers are correct.Q How did you know at the time of thecomplaint that that was what was true and correct?

MR. BER WIN: Objection. Form.A Am I allowed to look at the complaint?

MR. BERWIN: Did you hear herresponse to your prior question?MR. ROSEN: I did not. I didn't knowthere was one.A I said I don't know if your numbers arecorrect without looking at the document.Q (By Mr. Rosen) Okay. So let's take apeek at Defense Exhibit A. I want to point your

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Page 75attention to paragraph 12.MR. ROSEN: Rebecca, if you couldplease hand that to the witness. Thank you.Q (By Mr. Rosen) Paragraph 12, which is at

the bottom of the second page says, "There is nowdue and owing the principal sum of267,407.98together with interest accruing thereon, commaIsn't that what that first part says?A Yes.Q And how did you know that was true andcorrect?A I relied on our systems, the payment

history.Q And it says next, Together with all sumsthat may be due for taxes, insurance, escrowadvances, and expenses and costs of suit includingbut not limited to filing fees, recording fees,title search and examination fees, fees due forservice of process and other such or such othercosts as may be allowed by the court. Isn't thatwhat the rest of that sentence says?

A Yes.Q And how did you know that was true and

correct?A Because there were other fees I sted on

the payment history.Q Do you know which specifics in his

instance?A I do not recall.

Page 76

Q Okay. Let's go ahead and hand hat back,A I back to Rebecca, please, the court repo rter.Thank you. How do you know tre plaintiff isobligated to pay attorneys' fees?

A Because we hired the att>rneys. Theydon't work for frre.Q Okay. And is there a contra


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Q Sure. See if that will help -- you don'tremember how you know that?

A I would like to look at the document andsee if what you said was what was on the document.Q That's fine. Let's take a look at that.Take a look at Defense AI. I want to direct your

attention to paragraph 14 It's at the very top ofthe page. And that sentence at the top says, Thatthe Defendant, Cocoplum Property Owners of PalmBeach, might have some claim or demand in thesubject property by virtue of all unpaidassessments, comma. Isn't that what that sa)sthere?

A Yes.Q And how did you know that was true and

correct?A It was in the title report -- the title

search.Q What would have shown in the title reportto tell you that?A I do not recall.Q And, again, do you remember how many pages

the title report was?A I do not recall.Q Do you recall when you reviewed the title

Page 78report?

A Prior to executing this document.Q Do you recall what you reviewed prior to

looking at the title report?A I do not recall.Q Do you recall what you reviewed after

looking at the title report?A I do not recall.Q Do you recall who was next to you, if

anyone, when you reviewed the title report?A I do not recall.Q And do you recall where you were when you

reviewed the title report?A At my desk.Q Do you recall how long it took you to

review the title report?A I do not recall.Q What does it mean -- And if you could go

ahead and close that back again. Thank you. Whatdoes it mean for a subject property to be inferiorto another's interest?

MR. BERWIN: Objection. Form.A Can you repeat your question, please?Q (By Mr. Rosen) Sure. What doe; it mean

that a subject property -- or excuse me -- an

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Page 79interest in a subject property is inferior to theinterest of another?

MR. BERWIN: Objection. Form.A It would--MR. ROSEN: Mr. Berwin, could you

state what your objection is to that question?MR. BERWIN: Sure. Calls for a legal

conclusion as have many of your questions.Q (By Mr. Rosen) Let's go ahead. You can

answer.A You're going to have to repeat it now.Q Sure. Let's go ahead and take a look at

paragraph 14. Let's take a look at that lastsentence of paragraph 14. That says, Theabove-described interest of said Defendant(s) in thesubject property is inferior to the interest of hePlaintiff in said property. Is that what thatsays?

A Yes.Q And how do you know that's true andcorrect?

MR. BERWIN: Objection. Form.A I do not know.Q (By Mr. Rosen) Okay. What is a writ of

possession? You can go ahead ,and close that backPage 80

up. Thank you.MR. BERWIN: Objection. Form.

A I did not hear you. I'm sorry.Q (By Mr. Rosen) What is a writ of

possession?MR. BER WIN: Objection. Form.A I don't know.Q (By Mr. Rosen) When you signed the

complaint, your title at that time was documentcontrol officer; right?

A Yes.Q There's a document that authorizes you to

be a document control officer for CitiMortgage;isn't that right?

A Yes.Q What is that document?A I don't know.Q Do you know where it is?A I do not know.Q In this particular case, did you verify

and sign the first draft presented to you of thecomplaint?

A I'm not understanding your question. Youneed to rephrase.

Q Sure. Were there multiple drafts of the

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complaint in this case?A I don't -- you need to rephrase it. I mnot --

Q Okay. What I m -- what I want to know isdid you sign and review the very first draft thatwas presented to you or were there multiple draftsthat were presented before you eventually signed?A I don't recall.

Q What happens -- Were there any errors inthis draft that you found?A I do not recall.

Q Okay. What happens ifyou find errors?MR. BERWIN: Objection. Form.A If we found errors, we were to reject thedocument.

Q (By Mr. Rosen) And then what happens?A The attorney would review and re-upload.Q And that didn't happen in this case;right?A I do not recall.Q Approximately -- Did that ever happenwhere you had to reject a document?A I don't recall.Q Are you ever provided originals of henote and mortgage to review?

Page 82A No.Q And the note and mortgage in this case

that you reviewed was a copy on the computer?A It was a copy on the computer.Q Did you meet with Mr. Berwin pricr to thisdeposition?A Yes.Q I m sorry. I didn't hear an answer. Did

you respond?A Yes.Q You did. Okay. And the answer is, yes,

you did meet with Mr. Berwin prior to thisdeposition?A Yes.Q How long did you meet with him?A Approximately two hours.Q And who else was there?A Francesca Shamel.Q Francesca. Anyone else?A No.Q Where was the meeting?A I m sorry. Can when repeat that?Q Where was the meeting?MR. BERWIN: Objection. You regetting into attorney/client privileged information.

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Page 83I m here as the deponent's attorney.MR. ROSEN: That was alreadytestified to that she's not being represented byyou. MR. BERWIN: Well, I disagree withthat so -- MR. ROSEN: Okay. Well, I haven tasked of any communications yet.

MR. BERWIN: Right. I see whereyou're going.

MR. ROSEN: Okay. Well, let s keepgoing.

Q (By Mr. Rosen) You can go ahead andanswer that question. Where was the meeting?A Are you saying when or where?Q You can answer.A I need you to rephrase whether you are

saying when or where.Q Sure. Well, we can do both. We coveredwhen. I need to know where?A It was at CitiMortgage.Q And, actually, I think you said how long

it was, we talked about that, but we didn't talkabout when it was. When was the meeting?A Yesterday.Page 84

Q About what time did it start?MR. BERWIN: Objection. You reasking attorney/client information here.

Q (By Mr. Rosen) You can answer.MR. BERWIN: No. I m going toinstruct the witness not to answer. We can have thejudge decide that one.MR. ROSEN: To be clear, and I mtrying in good faith to resolve this, I m not asking

about any content ofany communications, andfurthermore, it s already been discusscxi about therelationship with you present. Your objection isnoted and you re refusing to answer that and you reinstructing the witness not to ansv.er at this pointwhen the meeting started; is that right?

MR. BERWIN: Well, why don t you-is that your question, when the meeting started?

MR. ROSEN: That's my pendingquestion. MR. BERWIN: Okay. Go ahead. Youcan answer.

A 3:00p.m.Q (By Mr. Rosen) And when did it end?A I do not know the exact time.Q Okay. Roughly?


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Vic tor ia Scott 11/20/2013Page 85

A Approximately 5:00 p.m.Q And what was discussed at that meeting?

MR. BERWIN: Objection. I'minstructing the witness not to answer.

MR. ROSEN: Duly noted. We'll goahead and certify that question then.MR. BERWIN: That's fine. And theobjection is that it violates the attorney/clientprivilege.Q (By Mr. Rosen) Okay. Other than anything

we've discussed so far, anything else you can add-like to add?

MR. BERWIN: Objection. Form.Q (By Mr. Rosen) You can answer.A No.

MR. ROSEN: Okay. You have the rightto read the deposition transcript --

MR. BERWIN: Excuse me, Mr Rosen.Before you go on, I have some questions I'm going toask here.

MR. ROSEN: Please do. My apologies.EXAMINATION

QUESTIONS BY MR. BERWIN:Q Mrs. Scott, do you understand that I'm

representing you here today at this deposition as

Page 86your attorney?

A I understand that I work for CitiMortgageand you represent CitiMortgage.

Q Do you understand that I'm representingyou here today?A Yes.

Q Okay. So when you testified earlier -- ifyou testified earlier something to the contrary,that was a misunderstanding on your part; correct?

A Yes.MR. ROSEN: Objection. Form.MR. BERWIN: Can I please -- Madam

Court Reporter, can I please see the Exhibit A?Q (By Mr. Berwin) Ms. SCOlt, directing your

attention to Exhibit A, I'm showing you the exhibitin this -- that counsel has had marked as Exhibit A.There's a mortgage attached as an exhibit to theverified first amended complaint. Do you see that?

A Yes.Q Okay. Does that refresh your recollectionas to who the mortgagor is?

A Yes.Q Who is the --

MR. ROSEN: Objection. Improperrefreshing.

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Page 87Q (By Mr. Berwin) Who is the mortgagor in

this case -- mortgagor in this case?A The mortgagor is -- is ABN Amro Mortgage

Group, Inc. The borrower is the mortgagor under thesecurity instrument and the mortgagee is ABN AmroMortgage Group.Q Okay. So you needed this document torefresh your memory as to that?

A Yes.MR. ROSEN: Objection. Improper

refresh.MR. BERWIN: Mr. Rosen, if you could

just keep your objections to form. You know betterthan that. You were telling me before -- pleasedon't -- yes?

MR. ROSEN: No. That's a formquestion and that's an objection that could bestated in a concise and non-argumentative matter andthat's what I'm citing.Q (By Mr. Berwin) Do you know what positionthe lien of plaintiff was on the property at thetime you verified the complaint?

A It was in first lien.Q And how did you know that?A It was in our DRI system.

Page 88Q Now as to this complaint, you were

verifying the facts in the complaint, not any legalconclusions; correct?

A Yes.MR. ROSEN: Objection. Form.Q (By Mr. Berwin) Paragraph 1 of he

complaint states, Plaintiff declares the fullamount payable under the Note and Mortgage to be dueand payable. Is that a statement?

MR. ROSEN: Objection. Form.A Yes.Q (By Mr. Berwin) Directing your attention

to paragraph 6 of he complaint, it states, TheMortgage of he Plaintiff is a purchase moneymortgage being a lien superior in dignity to anyprior or subsequent right, title, claim, lien orinterest arising out of mortgagee or the mortgagee'spredecessors in interest.

MR. ROSEN: Objection. Form.MR. BERWIN: I didn't ask a question

yet.Q (By Mr. Benvin) Do you know what a

purchase money mortgage is?A It's a--

MR. ROSEN: Objection. Form.

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MR. BERWIN: Can you please let thedeponent finish her answer?

Q (By Mr. Berwin) You can answer if youknow.

A I do not recall.Q So you had testified earlier that - Whatposition was the lien in?A First.Q Okay. Does that mean it was the most

superior lien?A Yes.Q Do you know if he loan was used to

purchase the property?A Yes.Q Was it used to purchase the property?A Yes, because it's a purchase money

mortgage.Q Okay. So does that - now you just

testified that you know what a purchaS moneymortgage is. Is that what you're saying?A Yes.

MR. ROSEN: Objection. Form.Q (By Mr. Berwin) And what is your

understanding of what a purchruc money mortgage is?A That the loan purchases the mortgage and

Page 90it is a first lien.Q That the loan is used to purchase the

property?A Yes.

MR. ROSEN: Objection. Form.Q (By Mr. Berwin) I'm sorry. I don't knowif that was clear.A No.Q What is your understanding as to what apurchase money mortgage is?MR. ROSEN: Objection. Form.Q (By Mr. Berwin) You can answer.A A purchase money m ortgage is a loan used

to purchase the mortgage property -- property.MR. BERWIN: I have no furtherquestions at this time.MR. ROSEN: Okay. Mrs. Scott, youhave the right to read the deposition transcript to

see if there's any errors and make changes to thoseerrors if there are any or you can waive that right.

it.

MR. BERWIN: We'll read.MR. ROSEN: Okay.THE WITNESS: I would like to readMR. ROSEN: Very good. I have no

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Page 91further questions as well.

(Whereupon, the deposition of VICTORIA SCOTT wasconcluded at 12:22 p.m.)

CERTIFICATESTA TE OF MISSOURISSCOUNTY OF ST. LOUIS

Page 92

I, REBECCA L. BYRKET, a Registered Professional Reporter.Certified Court Reporter, and Certified Shorthand Reporterwithin and for the State of Missouri, do hereby certifythat there came before me, at the Comfort Inn Suites,100 Comfort Inn Court, Conference Room, O'Fallon,Missouri,

VICTORIA SCOTT,who was by me first duly sworn to testify to the truth ofall knowledge touching and concerning the m atters incontroversy in this cause; that the witness was thereuponcarefully examined under oath, and said exam ination wasreduced to writing by me; and that this deposition is atrue and correct record of the testimony given by thewitness, and said deposition is herewith returned to Mr.Evan M. Rosen, Attorney At Law, for filing with the Court.I further certify that I am neither attorney nor counselfor, nor related nor employed by any of the parties 1 theaction in which this deposition is taken; further that Iam not a relative or employee of any attorney or counselemployed by the parties hereto, or financially interestedin this action.

Rebecca L. Byrkel, RPR, CCR, CSR

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Vic to r ia Scot t 11/20/2013Page 93 Page 95

IN THE COURT OF THE 15TH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY. FLORIDACASE NO.

CITIMORTGAGE. INC. )Successor by Merger wilh )ABN AMRO MORTGAGE GROUP. )INC. ))Plaintiff. ))v )CIJ. III. ))DefendanlS )

CERTIFICATE OF OFFICER ANDSTATEMENT OF DEPOSITION CHARGES(Rule 57.03{qX2){a). Sec. 492.590 RSMO 1985)DEPOSITION OF VICTORIA SCOTTlaken on behalf of Ihe DefendanlSNovember 20. 2013Firm having custody of the originallranscriplLaw Offices of Evan M. Rosen, PA., 2028 Harrison Street,Suite 204. Hollywood, Florida, 33020TAXED IN FAVOR OF Evan M. RosenTOTAL 45610TAXED IN FAVOR OF Akerman Senlerfitt, LLPTOTAL .. 19055Upon delivery of transcripts. the above charges have notbeen paid. It is requi red that all charges will be paidin the normal course of business to:MORIARTY REPORTING & VIDEO. LLC777 WHISPERING FOREST DRIVEBALLWIN. MO 63021(636) 230-8838

Rebecca L. Byrket. RPR. CCR. CSR

DECEMBER 3. 2013Victor BerwmAkerman Senterfitt. LLP350 East Las Olas Blvd Suite 1600Fort Lauderdale. FL 33301

Page 94

In re CITIMORTGAGE. INC., Successo. r bv Menzer with ABNAMRO MORTGAGE GROUP, INC v eta .(Signature page of VICton a Scon)Dear Mr. Berwin,This leiter is incorporated as part of VICTORIA SCOTT'Sdeposition that she gave in the above-styled cause ofBellon Please have her read over her deposition insteadof waIVIng Ihal nghl, which I have enclosed. Ifshe hasany correcllons. please have her make Ihem on theCORRECTION SHEETS that I have enclosed. For eachCORRECTION SHEET that she marks on, please have her signher name down at the bottom where it says Deponent. Ifshe does nOI have any corrections, then please mark NOCORRECTIONS diagonally across one of he CORRECTION SHEETSand also sign down at the bottom of the CORRECTION SHEETwhere It says DeponentAfter she IS through reading the deposition. please haveher sign the last page of the transcript Her signatureMUST BE notarized before the transcnpt is senl back tome.I would appreciale it if you could send back Ihe SignaturePage and CORRECTION SHEETS to me by no later than January3,2014 My return address is 777 Whispering ForestDnve, Ballwin. Missouri. 63021. If you have anyquesllons, please feel free to call me at (636) 230-8838and 1 1\ be glad to help in any way I canSmcerely,Rebecca L Byrket, RPR. CCR. CSRcc All counsel of Record

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COMES NOW THE W ITNESS, VICTORIA SCOTT. andhaving read the foregoing transcript of the depositiontaken on the 20lh day of November. 2013. acknowledges bysignature hereto that it is a lrue and accurale transcripiof Ihe lestimony given on the date hereinabove mentioned.

(WITNESS)

Subscribed and sworn 10 me before thisay of 2013/14.

My Commission expires:

NOTARY PUBLIC

Page 96CORRECTION SHEET

OF WITNESS VICTORIA SCOTT

PAGE_OF _Re: CITIMORTGAGE, INC., Successor by Merger with

ABN AMRO MORTGAGE GROUP, INC. v.etalUpon reading the deposition, and before subscribingthereto, VICTORIA SCOTT, has indicated the followingchanges should be made'Page Line Should read:

Reason assigned for changePage Line Should read



Reason assigned for changeVICTORIA SCOTT

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1 CORRECTION SHEETOF WITNESS VICTORIA scorr

23 PAGE OF- Re CITIMORTGAGE. INC. Successor by Merger with

ABN AMRO MORTGAGE GROUP. INC vs et al6 Upon reading the deposition. and before subscribing

thereto. VICTORIA scorr. has indicated the following7 changes should be made:89 Page Line Should read

1011 Reason assigned for change'1213 Page Line Should read1415 Reason assigned for change16: 7 Page Line Should read1819 Reason assigned for change:2021 Page Line Should read:2223 Reason assigned for change:24

VICTORIA scorr25

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2013 11 20 Deposition Redacted

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