1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ECR OPERATOR: AL LUGANO B E F O R E: HON. KEVIN J. CAREY U.S. BANKRUPTCY JUDGE July 26, 2011 11:12 AM U.S.

Bankruptcy Court 824 North Market Street Wilmington, Delaware UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE - - - - - - - - - - - - - - - - - - - - -x In the Matter of: NEW CENTURY TRS HOLDINGS, INC., et al., Debtors. - - - - - - - - - - - - - - - - - - - - -x ANITA B. CARR, Plaintiff, - against NEW CENTURY TRS HOLDINGS, INC., Defendant. - - - - - - - - - - - - - - - - - - - - -x Adv. Proc. No. 09-52251 (KJC) Case No. 07-10416 (KJC)

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Transcribed by: Sharona Shapiro Oral Argument: Anita B. Carr v. New Century TRS Holdings, Motion for Status Conference Re: Motion of Kimberly S. Cromwell, Pro Se Status Conference Re: Motion of W. Mark Frazer and Konilynn

Frazer, Pro Se to Allow Late Filing of Proof of Claim

to Consider Proof of Claim Timely Filed

Inc., et al. (Adv. Pro. No. 09-52251):

Reconsideration, Memorandum of Points and Authorities in Support; and Request for Clarification of the 2008 Motion for Relief from Stay

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ANITA B. CARR (TELEPHONICALLY) Party Pro Se LESLIE MARKS (TELEPHONICALLY) Party Pro Se BY: LAW OFFICES OF JOSEPH J. BODNAR Attorneys for The Guintos and Kimberly Cromwell and proposed counsel for the Frazers JOSEPH J. BODNAR, ESQ. BY: HAHN & HESSEN LLP Attorneys for New Century Liquidating Trust EDWARD L. SCHNITZER, ESQ. (TELEPHONICALLY) BY: A P P E A R A N C E S : BLANK ROME LLP Attorneys for New Century Liquidating Trust DAVID CARICKHOFF, ESQ.

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT: ALAN M. JACOBS, Trustee, New Century Liquidating Trust RALPH WHITE(TELEPHONICALLY) Party Pro Se MARK FRAZER (TELEPHONICALLY) KIMBERLY CROMWELL(TELEPHONICALLY) Party Pro Se

Party Pro Se

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 morning. THE COURT: the delay. MR. CARICKHOFF: May it please the Court. Thank you, Your Honor. Good morning. P R O C E E D I N G S Good morning everyone. I apologize for

David Carickhoff of Blank Rome on

behalf of the New Century Liquidating Trust. Your Honor, my co-counsel had tried to come down this Due to some trains delays on their way down they

decided rather than delay the Court with the train schedule that was going to cause them to be late, they headed back to their offices and are participating by phone. So they do

apologize that they're not here in person for the hearing. If I could just quickly run through the agenda. Items 1 through 8 have either been continued or resolved, subject to certain things, documentation or getting additional things. advisement. Items number 9 through 13 are under And item

Items 14 and 15 are status conferences.

number 16 is oral argument on the Carr Motion for Reconsideration. If we could just start with items 14 and 15,

and with that I'd like to turn it over to my co-counsel? THE COURT: number 8. Mr. Carickhoff, I do have a question about

The status line on the agenda indicates that the

Whites have requested a status conference for September 27. Can you tell me a little more about that? MR. SCHNITZER: Your Honor, it's Edward Schintzer from

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 White. Hahn & Hessen on behalf of the Trust. Your Honor, I've had a conversation recently with Mr. The reason for that request was the following. What

was before this Court or would be before this Court at some point was Mr. White's -- their motion to compel certain discovery. Mr. White reached out to me and we are in a He is going to get me

dialogue concerning that motion.

information in a couple weeks, hopefully with the goal of resolving the motion consensually. So based upon that, Mr. White requested to adjourn his motion from today's calendar. August. It next would have been on

I then asked that we could do it September instead.

The reason was that the next omnibus hearing you have in August I will be on vacation that week so I would not be able to appear in person so I asked Mr. White if it was fine to move that to September, again, with the goal that we would be able to resolve the discovery motion before you and then hopefully you not have to hear that motion. THE COURT: Okay. Thank you. Okay. You may proceed.

MR. SCHNITZER:

Your Honor, the other two matters that These

were on today are with respect to Cromwell and Frazer. are status conferences that have been before the Court regularly.

As I recall from the last time we were before you,

one of the questions was if there was going to be any additional briefing with respect to, I guess we'll call it not

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not -MR. BODNAR: Correct. exactly the direct merits of the claim but the timeliness to the claim. So as I recall, we were during the last status

conference, to come before you again today with respect to that which I believe was a request by Mr. Bodnar with respect to perhaps additional briefing. Otherwise what I believe these matters are on for is they are on for at some point to have a date scheduled for the matters to go to trial because discovery is complete in these matters and really the only thing other than the timing is -actually the only other thing at issue is the merits or lack thereof of the underlying claims. THE COURT: MR. BODNAR: All right. Mr. Bodnar? For the

Good morning, Your Honor.

record, Joseph J. Bodnar on behalf of the Guintos, Kimberly Frazer -- Kimberly Cromwell, excuse me. And with respect to

the Frazers, I had explained to the Court before that they would on the phone and that that representation -- there was an issue raised by the trustee's counsel with respect to whether or not we needed approval of my representation of them from the Washington bankruptcy court, Your Honor. So Mr. Frazer is on

the phone as well and can give an update with respect to that litigation. THE COURT: Well, we're here on Frazer and Cromwell,

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: MR. BODNAR: THE COURT: -- not Guinto? Yes. Okay. So are you telling me you represent

the Frazers or you don't represent the Frazers? MR. BODNAR: Your Honor, as I had explained before on

the record, I have an engagement letter that says that we would take whatever action was necessary to get approval from the bankruptcy court in Washington, if necessary. And I provided

the Liquidating Trustee with some information with respect to the status of that matter. THE COURT: MR. BODNAR: What's the status? The status of that matter is that the

trustee in Washington has said that they have no interest in pursuing with the Frazer's claims here and had put a record of that on the docket. text entries. I think they referred to them as docket

And when I presented that to -- I believe my

last conversation on that subject was with Mr. Indelicato, he sort of shrugged his shoulders and said he didn't know if that was sufficient. I said well, I don't know what else I can give That's what they placed on the docket.

you at this moment.

They have advised Mr. Frazer that they had no interest in pursuing this matter, and that's where that matter is right now. THE COURT: MR. BODNAR: Okay. And that proceeding, as I understand it,

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is still not totally concluded. THE COURT: MR. BODNAR: THE COURT: Well, let me ask the question this way. Yes. As far as you're concerned, are you

representing the Frazers? MR. BODNAR: I have an engagement letter that's signed

by them that states that I represent them and that I would take whatever action is necessary in the bankruptcy court in Washington to establish that representation, whether it required going back, which I don't think it does at this point, since the trustee has essentially abandoned the right to proceed with this litigation and has advised Mr. Frazer that it can go forward. And the trustee in that matter has made a

request to be -- I forget the exact language on the docket text entry, but to be relieved of his discharge of his obligations as trustee. Mr. Frazer could tell you about the other litigation that's ongoing there. I don't know all the specifics about

that litigation, but that's proceeding separately and I don't represent them with respect to that litigation. THE COURT: MR. BODNAR: Okay. But as I understand it, it's an adversary

proceeding that's related to that bankruptcy case in Washington. THE COURT: Mr. Bodnar, I'm trying unsuccessfully to

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 get you to tell me yes or no. Are you in or are you not in?

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I don't -- because I want to either talk to you or to the Frazers. I don't want to talk to both of you. MR. BODNAR: THE COURT: MR. BODNAR: Understood. Okay. At this point in time, Your Honor, the

Liquidating Trustee's counsel has basically told me they don't recognize me as counsel for the Frazers because I presented them with the evidence of the docket text with respect to the request of the chapter trustee in that action to be discharged of his duties as trustee. And I've advised them with respect

to what I've been advised by the Frazers as to the trustee's disinclination to become involved in this matter here in this court. THE COURT: Chapter 7, I take it? MR. BODNAR: THE COURT: Correct. Okay. Your Honor, if I may, this is Mark And again, as Okay. Refresh me, is this -- this is a

MR. INDELICATO:

Indelicato on behalf of the Liquidating Trust.

Mr. Carickhoff indicated, I apologize for not being in the court. Mr. Bodnar is giving the Trust newfound powers. not in my place to recognize or not recognize his representation of Mr. Frazer. My question to him was simply It is

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that given there's a Chapter 7 case proceeding, do they need authorization from the bankruptcy court in Mr. Frazer's bankruptcy proceeding to represent him. If he's representing to this Court that he does not

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believe he needs an order of the bankruptcy court, I'm happy to have him proceed on behalf of Mr. Frazer. Our concern was only

that the Chapter 7 trustee be informed of the pendency of this action, that there be some acknowledgement by the Court in the Chapter 7 proceeding that they understood that this proceeding was pending in another bankruptcy court, that in theory if they were successful there might be some recovery, and that all parties were acknowledging that if in fact there is a recovery that it's not bound by the Chapter 7 estate. Absent, you know, an order of the Chapter 7 bankruptcy court, I was just concerned that I might get -- or the Trust may get blind sighted by a Chapter 7 trustee later on saying we had no authority to negotiate either with Mr. Frazer or with Mr. Bodnar. THE COURT: or two things. Well, look, it's a Chapter 7 so either one

Assuming there's a claim that's property of the One,

Chapter 7 estate, it gets abandoned one of two ways.

somebody files a motion and it gets abandoned or two, once the case is over it's abandoned by operation of law. So I don't know -- I haven't seen the docket entry but I'm assuming what Mr. Bodnar is describing is an indication by

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 matter. the trustee that he's abandoned this asset. it and I don't know.

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But I haven't seen

But I'll put it this way, as far as the

Court's concerned, until someone brings the issue before it, there's a claimant here represented by counsel. So Mr. Bodnar, let's address the substance of the Mr. Schnitzer indicates we're looking for a trial date Is that so or is that not

for the Frazers and the Cromwells. so?

Is there other pre-trial activity to occur? MR. BODNAR: Your Honor, with respect to both those

matters, there is additional discovery, I think, that needs to be taken, and we're in the process of reviewing that and I intend to address that with the Liquidating Trustee's counsel. And that's where that matter is. So I think in terms of

setting a trial date the answer is yes, we could set a trial date so long as it was provided for enough time to -THE COURT: Is there a scheduling order in place in

either of these adversaries? MR. BODNAR: I don't believe there's a scheduling There is a scheduling order

order with respect to the Frazers. with respect to Ms. Cromwell.

And as you might recall, either

at the last hearing, omnibus hearing, or the hearing before that I did request that a trial date be set in a month or two with respect to Cromwell and there was no date set at that point in time. THE COURT: All right. Have the parties considered,

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in either of these adversaries, mediation? MR. BODNAR: I don't believe that I have specifically

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discussed mediation with the Frazers because of the pendency of the bankruptcy case in Washington. But with respect to the

Cromwells, to Ms. Cromwell, I have had that conversation and at that point we had decided not to proceed forward with mediation. So -Well, I'm going to order it in each of

THE COURT: those cases.

So what I'd like you to do, Mr. Bodnar, is

consult with the Liquidating Trustee in Frazer and in Cromwell, come up with a scheduling order in Frazer. To the extent that

there is a dispute about what other pre-trial activity should occur other than mediation, get back to me by conference telephone. With respect to Cromwell, again, consult with the

Liquidating Trustee, pick a mediation date, and submit an order. And then when each mediation has been completed, advise And each order should say the Court should be

the Court.

advised of the result, at which point if a trial date's necessary in either or both, simply ask for it and I'll fix them. MR. BODNAR: THE COURT: Yes, Your Honor. Thank you.

Any questions about that? Your Honor, this is Edward Schnitzer

MR. SCHNITZER: from Hahn & Hessen.

I just wanted to inform the Court, I

apologize I wasn't able to interrupt before, there is a

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 scheduling order in both Cromwell and Frazer. In fact the

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scheduling orders are, if not completely identical are virtually identical. You entered both of the orders in November of 2010. And I would particularly note they both provided for discovery time periods; those have long since past and were completed, both Frazer and Cromwell. discovery. We responded to discovery, served

So I would suggest -- and while I understand there

is no, I guess, actual dispute before you right now, just so that at least the record's clear from the Trust's perspective, discovery in both of these matters is done, it was done pursuant to a scheduling order and it's been long done. understand perhaps Mr. Bodnar is now involved and thinks otherwise, but I would suggest differently and I think the scheduling order at least confirms that with respect to the dates. THE COURT: Well, I figured we'd outstrip them if To the extent that there's a I

there were scheduling orders.

dispute about whether there should be further discovery, I'm assuming the appropriate party will raise that with the Court, but again, I'm ordering each to mediation. MR. INDELICATO: Indelicato. And Your Honor -- this is Mark

Just for clarification, there is still sub judice.

Our objections related to the timeliness of the claims. THE COURT: Understood.

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Carr? MR. BODNAR: Thank you, Your Honor. From the Trust's perspective we are, MR. INDELICATO: THE COURT: Okay. Thank you, Your Honor. Are we ready to move on to

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All right.

MR. INDELICATO: Your Honor. THE COURT: Are you on the phone? MS. CARR: the record. THE COURT: MS. CARR:

All right.

Ms. Carr, this is your motion.

Yes, Your Honor.

This is Anita Carr for

All right.

It's your time to be heard. One quick question. Will

Yes, Your Honor.

I be allowed to have a little bit of rebuttal time after the Trust presents -THE COURT: MS. CARR: THE COURT: MS. CARR: started now. THE COURT: MS. CARR: Okay. On July 14th of 2010, Jamie Dimon, the CEO Yes, briefly. -- their oral argument? Yes, briefly. Yes, Your Honor, thank you. I will get

of Chase, said on a conference call: "There have been so many flaws in mortgages that it's been an unmitigated disaster. just really need to clean it up for the sake of everybody. We And

everybody is going to sue everybody else and it's going to go

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 along. on for a long time."

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Well, in just one mortgage loan pool deal worth nearly a billion dollars, New Century sold 4,200 mortgage loans to Chase. My mortgage loan may or may not have been one of them.

These loans were securitized into this JPMAC2006-NC1 trust. All the loans in this securities offering were originated by Home123 or New Century. These types of deals were made

repeatedly and with a feverish rate. Now the institutional investors who bought this security are suing Chase. This particular loan pool has had a The Missal report

default rate of over thirty-five percent.

commissioned by this Court and the investor lawsuits against New Century provide a plethora of wrongdoing by New Century. The Federal Grand Jury has yet to complete its investigation into New Century. THE COURT: pause for a moment? MS. CARR: THE COURT: Yes, Your Honor. You're breaking up a little bit as you go Excuse me, Ms. Carr, may I ask you to

What kind of phone connection are you on? MS. CARR: I'm on my home speaker. Maybe if I took it

off speaker that would help. THE COURT: I think that would be better. I don't

want to miss anything. MS. CARR: Okay, Your Honor. Can you hear me now?

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: MS. CARR: Yes. Okay. That's much better. Thank you.

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I'm sorry, Your Honor.

Like tens of thousands of others, I'm a victim of predatory lending and fraud by Home123 and New Century Mortgage. From the badgering calls from a Home123 sales rep,

who insisted my prior loan was no good and we could do better, to the fraudulent loan documents which did not disclose to me who the true lender really was today, when I believe this venue is continuing to perpetrate the fraud and fraudulent concealment in this court. The failure to properly disclose

the parties and terms and the outright lying that went on at the loan closing tolls my TILA rights. The fact that a notary who came to my home to have me sign the closing papers and then took every single piece of paper with her is further proof of the fraudulent acts by Home123. Even the TILA rescission notice, the three-day notice I was told the documents would be mailed to And I had to hound this company to

was taken from me. me.

Well, they weren't.

give me a copy, which they finally did some three months later. The fraud started at the inception of my refinance and now continues. In 2006 it was not apparent to me that Home123

was actually acting as a loan broker when it was not licensed in California to be a broker. Home123 never used any of its

own funds to fund my loan, even though on the loan docs it claims to be the lender.

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On a more personal level, my own discovery, not court

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ordered, has now proved that the settlement was orchestrated by fraudulent concealment and I have not been able to demonstrate this fraudulent concealment to this court. I've been denied

discovery rights and production of evidence to prove the concealment. This involves not only fraud as to my mortgage

but likely to thousands or tens of thousands of other mortgages. I'm going on to the new evidence. The Trust claimed

in its opposition to my Motion for Reconsideration that I offered no new evidence. I'm entering documentary evidence in

the form of an affidavit by Andres Rojas, the employee notary of Home123 and New Century. The Trust had also argued in the evidentiary hearing that all the issues regarding the notary and the signature of Andres Rojas was known to me prior to settlement. indeed not the case. That is

I testified in the evidentiary hearing

that an e-mail that I sent to Mr. Indelicato regarding something I discovered at the Secretary of State, I testified that that was a dead end. My e-mail about that notary, prior to the settlement, was about the notary bond with the Secretary of State and she has sent it to me, not the notary journal and not anything to do with Mr. Nagy's signature. keep any notary journals. The Secretary of State does not

It's published on the California Web

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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site for the Secretary of State that if any notary journals are sent to her she returns them immediately. All of the discussions with the Trust prior to settlement were about the authenticity of the signature of Steve Nagy and not about the notary journal. I never had any

communication with the notary prior to the settlement nor knew the whereabouts of the notary journal. He contacted me just

prior to Thanksgiving, November of 2010, after I had sent out a blanket letter. Since the e-mails between myself and the notary were not allowed into evidence at the evidentiary hearing, I asked the notary to do the affidavit. He references in his affidavit

that he sent me the pages of his notary journal attached to an e-mail that I've previously tried to enter as evidence at the evidentiary hearing. This affidavit also states that there was no handwritten backdating on the document on the assignment when he notarized it. I ask the Court if Home123 sold my loan to

Chase in February of 2006, as the Trust claims, then how is it that Home123 knew Carr was allegedly in default, and then Home123 put on the assignment in handwriting, "Effective 4/12/2007", the backdating. Home123 would have had to have

first-hand knowledge of my payment history and whether or not I actually was in default. I'm now moving on to the issue of the fraudulent

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 inducement by the Trust to settle. by the Court it states: In that memorandum issued

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"There's no credible evidence of any That's the

misrepresentation by the trustee in the record." memorandum at 8.

"However, Ms. Carr gave testimony as to what

was told to her by Mr. Indelicato and Mr. Rigano, and that was that the signature of Mr. Nagy was his and the assignment was valid. Now Carr provides Exhibit D in her Response and

Objection" -- which is the D.I. 84 in my adversary proceeding -- "a letter from Mr. Indelicato dated August 17 of 2010, just prior to the settlement. In paragraph 3, the second

sentence states, 'First, based on our review of the document, it does not appear that Mr. Nagy's signature is forged.' Carr relied on this to feel confident that the assignment, which is Exhibit B in Carr's Response and Objection, D.I. 84, was valid and legal." Again, this letter details the concern of the authenticity of the Steve Nagy signature and does not mention the notary journal issue. It's not logical to believe I knew Now,

the notary journal issue when the Trust had just answered the question in my informal discovery that Andres Rojas was an employee of New Century and that the Trust did not have the notary journal. The informal discovery responses came just prior to the settlement and one set actually came shortly after the settlement was done. In the same letter from Mr. Indelicato in

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the second paragraph in the fourth sentence is this statement: "It was Chase's obligation, not Home123, to record, if so desired, the assignment of your loan from New Century to Chase." Yet the actual assignment doesn't go from Home123 to There's not a

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Chase; it goes from Home 123 to U.S. Bank. mention of Chase.

This is Exhibit B in the Carr Response and

Objection, D.I. 84. Additionally, under California Government Code 27361.6 for recorded documents it states that the upper left corner of the recorded document is for: "a) The return address to whom

recorded document is to be returned to and b) The name of the person requesting the recording." If you look at the corporate

deed of assignment, in both of those instances the document says that it is Home123 in Irvine, California that the recorded document is to be returned to after recording. And the name of

the person requesting the recording is indeed Home123 in Irvine, California. This was done after the New Century

bankruptcy was declared on 4/2 of '07. In the case of the corporate assignment of deed for Carr's property, it was Home123 in both instances. never sent Carr a copy of this document. And Home123

This is indicative of The Trust insists

further cover up of the scheme to defraud.

that Chase was the new servicer when the assignment goes to U.S. Bank. Again, Exhibit B, D.I. 84.

Also under California Government Code, Section

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27201(b), 27280.5, and the Civil Codes 1213 and 1218, all signatures must be original on the recorded documents. This

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does not mean a squiggle or one initial; this means a full signature. This also begs the question posed by Carr, if as Mr. Indelicato's letter claims, Home123 sold my loan to JPMorgan Chase on February 24th of '06 and in May 2006 the servicing was transferred to Chase, why is the assignment being executed and recorded by Home123 over fourteen months later? It is Home123

that is requesting the recorded document be sent back to it. A more concerning issue is if Carr's loan was allegedly sold to Chase in February of '06 and it went into a mortgage pool which was securitized as JPMAC2006-NC1, and the closing date in the PSA states April of 2006 for that securities trust is the cutoff date, then Carr's loan never made it into that trust since the assignment says both the note and deed and it is executed; the Carr assignment is executed in May of 2007. This points to a tax evasion scheme in violation

of IRS REMIC laws and New York trust laws. Another violation of IRS REMIC law is that a mortgage cannot be assigned to a securities trust if it is in default. Since Carr received a notice of default, whether or not her loan was actually in default, and the notice of default was dated April 12th of 2007, then how could Carr's loan be put into a REMIC securities trust by way of executing that

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 assignment? Additionally, on page 2 of the letter from Mr. Indelicato, the very first sentence is:

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"In light of the above

facts, the trustee does not believe you have a claim against the estate", followed by an offer to settle for 35,000 dollars. Then in a letter dated August 11, 2010 from Mr. Indelicato, which is Exhibit E, D.I. 84 in my adversary proceeding, the settlement offer is for 25,000. In this letter the Trust is

trying to convince Carr that hers is an unsecured claims worth only pennies on the dollar. calculations. Mr. Indelicato goes on in great detail how the Trust has no control over my loan which was secured by my residence. Yet there's been no proof at all that my loan or deed was validly and legally transferred anywhere. It is now clear that And the Trust goes into elaborate

this type of misinformation is based on hearsay by the Trust. The Trust intentionally and wrongfully misled Carr into an unfair settlement. The settlement was based on fraud and The settlement should

amounted to nothing more than a bribe. be set aside.

Now regarding the issue of paying back the 60,000 dollars from the settlement. In my testimony at the

evidentiary hearing, I stated I would be willing to execute a note, which is a negotiable instrument, for 60,000, if required, to pay back the settlement. However, under

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

24

California Civil Code 1693, if restoration of the consideration is impossible because the settlement money has been spent, the financially constrained parties can delay restoration until judgment unless the defendants can show substantial prejudice. Carr's offer to provide a note of 60,000 to New Century Liquidating Trust was fair and reasonable. The Trust has provided hearsay and no evidence at all that Carr's loan was transferred anywhere, not even to Chase in February of 2006 as the Trust claims. Since Carr introduced the suspicious assignment as early November 23rd of 2009, adversary proceeding docket entry 8, the Trust had ample time to prove to Carr and the Court that it was indeed signed validly by Steve Nagy and that the New Century Liquidating Trust employee notary Andres Rojas executed his job as a notary in a proper and legal manner. The only explanation for this reliance on hearsay and to negligently ignore providing proof is to continue to fraudulently conceal assets from this bankruptcy. Quite

possibly they're concealed in entities not listed in this bankruptcy case. This is bankruptcy fraud.

Carr reasserts her belief that assets are being concealed from this Court. Carr reasserts that the collection

rights to her loan were disposed of just prior to or around the bankruptcy filing improperly. Carr still does not know where The Trust

any collection rights are or if they even existed.

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stay.

25

continues to insist that the Carr loan was properly transferred prior to the petition date assigned in their Objection to the Carr Motion for Reconsideration and number -- in line 21. Yet this flies in the face of the assignment executed by Home123 in May of 2007, a fraudulent transfer no less. believes that her loan never left New Century. Now regarding the 2008 global orders for relief from As early as June 30th of 2009 Carr filed a motion for Carr

relief from stay to proceed with California Superior Court case and her motion to compel discovery, docket entry 9704 in the main case of NCLT. This was prior to filing even a proof of claim or the adversary proceeding in this matter. Carr at that time was not

told about the 2008 global orders for relief from stay by the Trust nor the Court. At that point in time in 2009, the

amended 2008 global relief from stay order terminated the automatic stay under Section 362(a) of the Bankruptcy Code to permit the commencement or continuation of any act to exercise any rights and remedies against real property under nonbankruptcy law. Carr has been prejudiced by this Court as

this Court and the Trust knew of Carr's California case and that both Home123 and New Century were listed as defendants in that case which was filed in March of 2009. Elizabeth Sloan of

Blank Rome filed a notice of stay of proceedings, a response, on April 18th, 2009 in Carr's California case. This is Exhibit

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 F of Carr's Response and Objection which is docket entry 84 of the AP. Carr's California case has been damaged by this prejudice. By not affording Carr the benefit of the 2008

26

global relief from stay this Court has caused unnecessary litigation and delay. violated. This Court had to issue an emergency injunction, supposedly to clarify the 2008 global relief from stay order on May 25th of 2011 after Carr testified in the evidentiary hearing in April of 2011 that her California case was damaged. Now I would just like to discuss the Bodnar issue. Carr directs the Court's attention to Exhibit G of docket entry 84, Carr's Response and Objection, which is an ECF filing, a court filing, a PACER filing transaction started by Alan Root who is opposing counsel in this matter. On the Carr's due process rights have been

second page, the third entry from the bottom of this exhibit it states, "Joseph J. Bodnar, on behalf of Plaintiff Alan M. Jacobs, as liquidating trustee of the New Century Liquidating Trust", and it has Mr. Bodnar's e-mail address. Mr. Bodnar has

also called another former pro se in this matter and told him that he did do some work for this bankruptcy trustee. Carr

maintains that Mr. Bodnar is a mole for the bankruptcy trustee in this matter. Carr respectfully requests that the counsel

for the Trust be sanctioned for lying to the Court about Bodnar

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and their assertions that he never worked for the Trust. See

27

number 37, line 37 of the Trust's Objection to Carr's Motion for Reconsideration. As I have stated many times before, California is a nonjudicial foreclosure state based on a process, a paper process of valid recorded documents in the appropriate county. Typically after a loan closing a deed is recorded, next any assignments, next any substitution of the trustee. If there is

a legitimate default then a notice of default is recorded. Next a notice of trustee sale is recorded. deed upon sale is recorded. Then a trustee's

These recordings must be in the

proper sequence and must be valid and legal, not forged or fraudulent. The assignments must go from A to B to C to D.

There must be a clear chain of title. My conclusion is Carr has demonstrated new evidence and the need to correct clear and manifest injustice. These

are two of the prongs out of three in order to allow a Motion for Reconsideration under either the Bankruptcy Code or the Federal Rules of Bankruptcy Procedures. Carr has more than proved that prior to settlement the issue on the table was the validity of the Steve Nagy signature and not any issues with the notary journal. Carr has testified

under oath at the evidentiary hearing that she would execute a note, which is a negotiable instrument, in the amount of 60,000 to pay back the Trust for the settlement monies. Carr

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maintains the settlement was a bribe and was based on fraud. Carr maintains that her loan never validly was transferred to

28

any entity and remains with this bankruptcy estate and possibly it is concealed from this Court. Carr has been injured and damaged by the fraudulent actions of the defendant debtor employees or former employees. Carr respectfully requests that a quiet title be immediately executed, Exhibit C of the Carr Response and Objection, which is docket entry 84 in her AP, that her credit report be cleared and for a monetary award, or in the alternative, the adversary proceeding to be reopened. Carr also respectfully requests

that her -- the -- sorry -- that the -- if I just may have a moment, Your Honor? THE COURT: MS. CARR: sorry, Your Honor. THE COURT: Carr, if you'd like. MS. CARR: My fibromyalgia just kicked in and I have Yes. That's fine. I'm

-- that her request for -- oh, shoot. I'm finished. All right.

I'll give you a minute, Ms.

a -- I have just a brain thought wash. THE COURT: I'll All right. Thank you.

hear from the liquidating trustee. Thank you, Your Honor. I'm going to

MR. INDELICATO:

try to be brief, given that I'm not in the courtroom, and I think our papers outline very concisely our Objection to the

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Motion for Reconsideration. I would like to start, though, Your Honor, and remind the Court that this is a Motion for Reconsideration.

29

It is not

the time to argue the merits of Ms. Carr's underlying claims. As this Court has found in the May 10, 2011 decision, those issues were all resolved pursuant to the terms of the settlement agreement entered into between the Trust and Ms. Carr. And in fact, the terms of the settlement, including the

relief therein, are binding on the parties. It's interesting to note that Ms. Carr at some point indicates that she knew of issues or disclosed them to the Trust and the Court in 2009, yet she indicates that they are new evidence now and were not known to her when the settlement was executed in 2010. As this Court is aware and as was set forth in our pleadings, motions for reconsideration are to be strictly construed, they're governed by Rule 59(e) of the Federal Rules. And there are three categories of issues that can be addressed in a Motion for Reconsideration: an intervening change in the

controlling law, the availability of new evidence, and the need to correct clear and manifest injustice. And there's no argument that there's an intervening change in controlling law. Ms. Carr has focused her arguments

on (b) and (c), the availability of new evidence and the need to correct clear and manifest injustice.

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor, with respect to the new evidence, I would submit that Ms. Carr is now beginning or trying to split hairs in indicating in that all of the correspondence and e-mails in which we were discussing both the notary and the Steve Nagy's

30

signature that really then she was only discussing the bond and not the journals, which as we've set forth in prior pleadings, Your Honor, we believe is irrelevant. But suffice it to say, we believe that the issue of the notary, as we demonstrated at the evidentiary hearing, was fully known to Ms. Carr prior to entry into the settlement agreement and we do not believe there's any new evidence. clearly, those were issues that were discussed at the evidentiary hearing. They're not issues that came to light And

after the evidentiary hearing. With respect to correct and clear manifest injustice, Your Honor, this is the one, and I apologize for getting a little indignant, but, you know, I do take my reputation seriously. I take the Court's reputation, I take Mr. Bodnar's

reputation; we are officers of the court and this is a court of law. I do not appreciate people making accusations about the

veracity, the integrity of the process of the people in order to make their point. I'm not going to address the merits of them except to address issues with respect to Mr. Bodnar. can speak for himself. He's in court. He

Mr. Bodnar was never retained or

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employed by the Trust. He is not a mole of the Trust. We had

31

no communications with him regarding Ms. Carr, subsequent or prior to his meeting, other than Mr. Bodnar may have called indicating did he think he would be helpful in the New Century process if he were to represent some of the individual pro se plaintiffs. And the only comment we would have made was, to

the extent people are represented by counsel it might help expedite the process. communications. But he is not a mole. We have had no

The Trust has not benefited one iota from his

conversations with Ms. Carr or any of the other pro se defendants. Your Honor, I think the record is clear, as evidenced by the Court's ruling in May of this year. Ms. Carr knowingly

and voluntarily entered into a settlement agreement in which she received compensation from the Trust in settlement of all her claims. She indicates that the Trust misled her by indicating that she would receive pennies on the dollar. Your Honor,

bankruptcy as a matter -- the Court can take judicial notice that unsecured claims in bankruptcy cases receive a distribution based on what is in the estate. In this case,

unfortunately, the claims far exceed the assets that have been liquidated and made available for distribution. The Trust has

made two interim distributions to creditors, and depending on which class you are in, the distributions have been anywhere

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from four to I believe twelve cents on the dollar.

32

So clearly,

as an unsecured creditor, Ms. Carr would have received pennies on the dollar. misleading. There's no manifest error in that. There's no

There's no fraud.

It is a fact of the bankruptcy

process and it is a fact of this case. Your Honor, we are again put in the position of being accused of misleading and lying with respect to the 2008 global relief stay order. When that was raised by Ms. Marks we felt That motion was

compelled to bring a motion to the Court. heard and an order entered.

We attached a copy of that order And

to our Response to Ms. Carr's Motion for Reconsideration.

the order very simply says, as it relates to the global relief stay order, the order was not intended to permit third parties to sue the debtor's estate and seek compensation. The order

was permitted -- was entered into to stop a flurry of cases, sometimes dozens if not hundreds, in which parties were seeking relief from the stay either to commence and continue foreclosure actions on properties in which the debtor had nominal title but had no economic interest in the loan. It was

merely permitted to clear title and proceed with foreclosures, not to seek monetary damages against the estate. So the global

relief stay order did not at all affect adversely Ms. Carr's California action. She commenced a relief stay motion, the

Trust objected to it, and it was properly denied by the Court. There is no manifest injustice to Ms. Carr.

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor, I believe what Ms. Carr has attempted to do is reargue yet again a lot of the issues she has argued previously.

33

I believe with a lot of red herrings, name calling

innuendo she is trying to establish facts that can fit into the Motion for Reconsideration. exist. I believe that the trustee in its Objection has made clear and concise arguments as to why the Motion for Reconsideration should not be granted. is any new evidence. I do not believe there I do not believe those facts

I do not believe the issues related to I think

Andres Rojas and the notary journal are new evidence.

if the Court will look at the evidence in the initial hearing, there was memos in which Mr. Rojas was mentioned in the context of the settlement discussions, and in fact in part of the last negotiations in an e-mail, and I think it was Exhibit 1 of Ms. Carr's submissions in the adversary proceeding, it was an e-mail on October 3, 2010 where she specifically references the California state regarding notary Andres Rojas. the issues. She knew of them when she settled. She knew of She signed it

voluntarily and with knowledge of its terms. she was paid, she accepted the compensation. proceeding is dismissed.

She executed it, The adversary

Your Honor, I believe the Motion for

Reconsideration, in its entirety, should be denied. Thank you. THE COURT: Thank you.

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Carr, briefly? MS. CARR: THE COURT: MS. CARR: Your Honor? Yes, you may proceed. Yes, Your Honor, Anita Carr. I have

34

I disagree completely with Mr. Indelicato.

entered as Exhibit A and docket entry 84 in my Response and Objection to the Trust the actual affidavit, which is new evidence. This affidavit, by the notary Andres Rojas, was And it itself was This is the new

signed the 4th day of June of 2011.

notarized by another notary in Orange County. evidence.

It's clear on its face that it's new evidence.

Carr had no knowledge at all of this issue with the notary journal prior to locating the notary. And as I've

stated many times before, the notary called me the week before Thanksgiving of 2010. notary. That was my first contact with the The notary journal And in

This was after the settlement.

issue was never known by me until after the settlement.

fact, I mentioned today in my testimony, in my oral argument, that the issue with the notary where I contacted the Secretary of State was in reference to the notary bond which is a onepage document. It is not the notary journal issue. And I feel

I've more than proven why the Motion for Reconsideration should go forth. THE COURT: MS. CARR: All right. I'm not --

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NEW CENTURY TRS HOLDINGS, INC., et al. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: MS. CARR: THE COURT: Ms. Carr. Thank you. I'm -- thank you, Your Honor. All right.

35

I didn't mean to cut you off, Are you finished? Thank you. Okay. I will

I thought you might be done. Yes, I am finished. All right.

MS. CARR: THE COURT:

Thank you.

issue a decision on the Motion for Reconsideration in due course. Mr. Carickhoff, is there anything further for today? MR. CARICKHOFF: THE COURT: this hearing. I have nothing further, Your Honor. Thank you. That concludes

All right.

The court will stand in recess. Thank you.

MR. CARICKHOFF:

(Whereupon these proceedings were concluded at 12:00 PM)

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36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Date: August 1, 2011 eScribers, LLC P.O. Box 7533 New York, NY 10116 ______________________________________ SHARONA SHAPIRO AAERT Certified Electronic Transcriber CET**D 492 I, Sharona Shapiro, certify that the foregoing transcript is a true and accurate record of the proceedings. C E R T I F I C A T I O N

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New Century TRS Holdings, Inc. 07-10416-KJC

July 26, 2011 5:14,22;20:4;24:12 84 (9)

20:8,14;21:7,24;23:7;

0
06 (2) 22:7,12 07 (1) 21:18

adversely (1) 32:22 advise (1) 9 13:16 advised (5) 9 (1) 8:21;9:12;10:11,12; 5:16 1 13:18 9704 (1) advisement (1) 25:10 1 (2) 5:17 5:14;33:15 affect (1) A 10 (1) 32:22 29:5 affidavit (6) abandoned (5) 11 (1) 18:12;19:12,12,16; 9:11;11:21,22,23;12:1 23:6 34:7,8 able (4) 12:00 (1) 6:14,16;13:25;18:3 affording (1) 35:14 26:4 above (1) 1213 (1) again (9) 23:3 22:1 3 6:16;7:3;10:20;13:14; Absent (1) 1218 (1) 14:21;20:16;21:24;32:6; 11:14 22:1 33:2 3 (2) accepted (1) 123 (1) against (4) 20:10;33:17 33:21 21:5 16:12;23:4;25:19; 30th (1) accusations (1) 12th (1) 32:21 25:8 30:20 22:24 agenda (2) 35,000 (1) accused (1) 13 (1) 5:13,22 23:5 32:7 5:16 362a (1) acknowledgement (1) agreement (3) 14 (2) 29:7;30:11;31:14 25:17 11:8 5:17,19 ALAN (3) 37 (2) acknowledging (1) 14th (1) 4:15;26:16,18 27:2,2 11:12 15:21 allegedly (2) act (1) 15 (2) 19:20;22:12 4 25:18 5:17,19 allow (1) acting (1) 16 (1) 27:17 4,200 (1) 17:22 5:18 allowed (2) 16:3 action (5) 1693 (1) 15:13;19:11 4/12/2007 (1) 8:7;9:8;10:10;11:8; 24:1 along (1) 19:22 32:23 17 (1) 16:20 4/2 (1) actions (2) 20:9 alternative (1) 21:18 28:6;32:18 18th (1) 28:10 4th (1) activity (2) 25:25 amended (1) 34:9 12:8;13:12 25:16 acts (1) 2 amount (1) 5 17:15 27:24 actual (3) 2 (1) amounted (1) 14:9;21:4;34:7 59e (1) 23:2 23:19 actually (5) 29:17 2006 (5) ample (1) 7:10;17:22;19:24; 17:21;19:19;22:7,14; 24:12 20:24;22:23 6 24:9 Andres (7) additional (4) 2007 (3) 18:12,16;20:20;24:14; 5:16;6:25;7:5;12:10 60,000 (4) 22:18,24;25:5 33:11,18;34:8 23:21,24;24:5;27:24 Additionally (2) 2008 (6) Anita (2) 21:8;23:2 25:7,14,16;26:4,9; 15:9;34:4 address (6) 7 32:7 12:5,12;21:10;26:20; answered (1) 2009 (6) 20:19 30:23,24 24:11;25:8,15,23,25; 7 (9) AP (2) 10:16;11:1,7,9,13,14, addressed (1) 29:12 26:2;28:9 29:18 16,19,21 2010 (8) apologize (5) adjourn (1) 14:4;15:21;19:8; 5:2,12;10:21;13:25; 6:10 8 20:10;23:6;29:14;33:17; 30:16 adversaries (2) 34:15 apparent (1) 12:17;13:1 8 (4) 2011 (4) Min-U-Script eScribers, LLC | (973) 406-2250 operations@escribers.net | www.escribers.net

26:10,11;29:5;34:9 21 (1) 25:3 23rd (1) 24:11 24th (1) 22:7 25,000 (1) 23:8 25th (1) 26:10 27 (1) 5:23 27201b (1) 22:1 27280.5 (1) 22:1 27361.6 (1) 21:8

adversary (8)

17:21 appreciate (1) 30:20 appropriate (2) 14:20;27:6 approval (2) 7:19;8:7 April (4)
22:14,24;25:25;26:11

9:22;20:8;23:7;24:11; appear (2) 25:13;28:10;33:16,21 6:15;20:12

26:1,14;28:9;34:6

argue (1) 29:4 argued (2) 18:14;33:2 argument (4) 5:18;15:16;29:22; 34:18 arguments (2) 29:23;33:8 around (1) 24:23 aside (1) 23:20 assertions (1) 27:1 asset (1) 12:1 assets (3) 24:18,21;31:22 assigned (2) 22:21;25:2 assignment (15) 19:17,21;20:6,13;
21:3,4,13,19,23;22:8,16,

17;23:1;24:10;25:4 assignments (2) 27:8,13 Assuming (3) 11:20,25;14:20 attached (2) 19:13;32:10 attempted (1) 33:1 attention (1) 26:13 August (4) 6:12,13;20:9;23:6 authenticity (2) 19:4;20:17 authority (1) 11:17 authorization (1) 11:2 automatic (1) 25:17 availability (2) 29:20,24 available (1) 31:23 award (1) 28:10 aware (1) (1) 06 - aware

New Century TRS Holdings, Inc. 07-10416-KJC 29:15 26:20;30:18 bond (3) 18:22;30:5;34:20 both (13)
10:3;12:9;13:19;14:1,
4,5,7,11;21:13,20;22:16;

July 26, 2011

17:2;19:20;20:4,7,13;
17;24:10,12,21,22,24;
25:1,3,5,8,13,20;26:4,10,

21:6,21;22:5,17,22;23:9, clarification (1)

B
back (7) 5:10;9:10;13:13; 22:10;23:21,25;27:25 backdating (2) 19:17,22 badgering (1) 17:5 Bank (2) 21:5,24 bankruptcy (24) 7:20;8:8;9:8,23;11:2, 3,5,10,14;13:4;21:18; 24:18,20,20,24;25:17;

13,22,24;27:15,20,22,
25;28:2,5,7,8,11,15,18, 19;29:8,10,23;30:2,10; 31:2,10,13;32:2,25;33:1;
34:1,2,4,4,12,25;35:2,4,5

25:22;30:4 bottom (1) 26:17 bought (1) 16:9 bound (1) 11:13 brain (1) 28:20 breaking (1) 16:19 26:22,23;27:18,19;28:3; bribe (2) 23:19;28:1 31:19,20;32:4 brief (1) based (7) 28:24 6:10;20:11;23:16,18; briefing (2) 27:5;28:1;31:21 6:25;7:5 basically (1) briefly (3) 10:7 15:15,17;34:1 become (1) bring (1) 10:13 32:9 beginning (1) brings (1) 30:2 12:3 begs (1) broker (2) 22:5 17:22,23 behalf (6) 5:6;6:1;7:14;10:20; C 11:6;26:18 belief (1) 24:21 calculations (1) believes (1) 23:11 25:6 calendar (1) 6:11 benefit (1) 26:4 California (15) benefited (1) 17:23;18:25;21:8,14, 31:9 17,25;24:1;25:9,21,25; better (3) 26:3,11;27:4;32:23; 16:23;17:1,6 33:18 billion (1) call (2) 16:3 6:25;15:22 binding (1) called (3) 26:21;31:3;34:14 29:9 bit (2) calling (1) 15:13;16:19 33:3 Blank (2) calls (1) 17:5 5:5;25:24 blanket (1) came (4) 19:9 17:13;20:23,24;30:13 blind (1) Can (11) 5:24;7:21;8:19;9:13; 11:16 Bodnar (35) 16:25;24:3,4;29:18; 7:4,12,13,14,25;8:2,5, 30:25;31:19;33:4 12,25;9:3,6,22,25;10:4, CARICKHOFF (7) 5:4,5,21;10:21;35:9, 6,17,23;11:18,25;12:5,9, 18;13:2,9,21;14:13; 10,13 15:4;26:12,18,20,23,25; Carr (73) 30:24,25;31:3 5:18;15:3,7,9,9,12,16, 18,21;16:16,18,21,25; Bodnar's (2) Min-U-Script

Carr's (18)
20:14;21:20;22:11,15,
24;24:5,8;25:21,25;26:1, 3,6,14;27:2;29:4;32:11,

22;33:16 case (16) 9:23;11:1,23;13:4;

18:17;21:19;24:20;25:9,

11,21,23,25;26:3,11; 31:21;32:5 cases (3) 13:9;31:20;32:15 categories (1) 29:18 cause (1) 5:10 caused (1) 26:5 cents (1) 32:1 Century (18) 4:15;5:6;16:3,7,13,13, 15;17:4;18:13;20:21;
21:3,17;24:5,14;25:6,22;

26:19;31:4 CEO (1) 15:21 certain (2) 5:15;6:5 chain (1) 27:14 change (2) 29:19,23 chapter (10) 10:10,16;11:1,7,9,13, 14,16,19,21 Chase (12) 15:22;16:4,10;19:19;
21:4,5,6,23;22:7,8,12;

24:8 Chase's (1) 21:2 Civil (2) 22:1;24:1 claim (5) 7:1,2;11:20;23:4; 25:12 claimant (1) 12:4 claimed (1) 18:9 claims (12) 7:11;8:14;14:24;
17:25;19:19;22:6;23:9;

11:6;20:16 concerned (3) 14:23 9:4;11:15;12:3 clarify (1) concerning (2) 26:9 6:7;22:11 class (1) concise (1) 31:25 33:8 clean (1) concisely (1) 15:24 28:25 clear (11) concluded (2) 14:10;23:15;27:14,16; 9:1;35:14 29:21,25;30:15;31:12; concludes (1) 32:20;33:8;34:11 35:11 cleared (1) conclusion (1) 28:9 27:15 clearly (2) conference (4) 30:12;32:1 5:23;7:3;13:13;15:22 closing (4) conferences (2) 17:12,14;22:14;27:7 5:17;6:22 co-counsel (2) confident (1) 5:7,20 20:13 Code (5) confirms (1) 21:8,25;24:1;25:17; 14:15 27:18 connection (1) Codes (1) 16:20 22:1 consensually (1) collection (2) 6:9 24:22,25 consideration (1) commence (1) 24:1 32:17 considered (1) commenced (1) 12:25 32:23 constrained (1) commencement (1) 24:3 25:18 construed (1) comment (1) 29:17 31:6 consult (2) commissioned (1) 13:10,14 16:12 contact (1) communication (1) 34:15 19:6 contacted (2) communications (2) 19:7;34:19 31:2,9 context (1) company (1) 33:13 17:18 continuation (1) compel (2) 25:18 6:5;25:10 continue (2) compelled (1) 24:17;32:17 32:9 continued (1) compensation (3) 5:14 31:15;32:14;33:21 continues (2) complete (2) 17:21;25:1 7:8;16:14 continuing (1) completed (2) 17:9 13:16;14:6 control (1) completely (2) 23:13 14:2;34:5 controlling (2) conceal (1) 29:20,23 24:18 conversation (3) concealed (3) 6:2;8:17;13:5 24:19,22;28:4 conversations (1) concealment (4) 31:10 17:10;18:3,4,6 convince (1) concern (2) 23:9
24:9;29:4;31:16,20,22

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(2) back - convince

New Century TRS Holdings, Inc. 07-10416-KJC copy (3) 17:19;21:21;32:10 corner (1) 21:9 corporate (2) 21:12,19 correspondence (1) 30:3 counsel (8) 7:18;10:7,8;12:4,12; 26:16,24;31:7 county (2) 27:6;34:10 couple (1) 6:8 course (1) 35:8 COURT (93)
5:2,5,9,21;6:4,4,19,22;
7:12,16,20,23;8:1,3,8,11,

July 26, 2011 20:16 DI (5) 20:8,14;21:7,24;23:7 dialogue (1) 6:7 differently (1) 14:14 Dimon (1) 15:21 direct (1) 7:1 directs (1) 26:13 disagree (1) 34:5 disaster (1) 15:23 discharge (1) 9:15 discharged (1) 10:10 disclose (2) 17:7,10 disclosed (1) 29:11 discovered (1) 18:19 discovery (14)
6:6,17;7:8;12:10;14:5, 7,8,11,19;18:1,5;20:20,

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18:1,4;19:18;20:2;
24:12,22;25:9,15,20,21; 26:5,8,15,25;28:4,14,17,

21;29:3,5,12,15;30:19,

23;25:10 discuss (1) 6,11,12 26:12 courtroom (1) 21:13,19;22:17;23:14; discussed (2) 28:24 27:7,11 13:3;30:12 Court's (4) default (9) discussing (2) 12:3;26:13;30:18; 16:11;19:20,24;22:21, 30:4,5 31:13 22,23,23;27:9,9 discussions (2) cover (1) defendant (1) 19:3;33:14 21:22 28:6 disinclination (1) credible (1) defendants (3) 10:13 20:2 24:4;25:22;31:11 dismissed (1) credit (1) defraud (1) 33:22 28:9 21:22 disposed (1) creditor (1) delay (4) 24:23 32:2 5:3,9;24:3;26:6 dispute (3) creditors (1) delays (1) 13:12;14:9,19 31:24 5:8 distribution (2) Cromwell (10) demonstrate (1) 31:21,23 6:21;7:15,23;12:20, 18:3 distributions (2) 23;13:5,10,14;14:1,7 demonstrated (2) 31:24,25 Cromwells (2) 27:15;30:9 docket (12) 12:7;13:5 denied (3) 8:15,15,20;9:14;10:9; CROMWELLTELEPHONICALLY (1) 18:4;32:24;33:23 11:24;24:11;25:10;26:1, 4:2 depending (1) 14;28:9;34:6 cut (1) 31:24 docs (1) 35:3 describing (1) 17:24 cutoff (1) 11:25 document (9) 22:15 desired (1) 19:17;20:11;21:10,11, 21:3 13,15,21;22:10;34:21 detail (1) documentary (1) D 23:12 18:11 details (1) documentation (1) damaged (3)
33:12,25;34:3,24;35:1,3,

19,24;31:19;32:9,24;

26:3,11;28:5 damages (1) 32:21 date (10) 7:7;12:6,14,15,22,23; 13:15;22:14,15;25:2 dated (3) 20:9;22:24;23:6 dates (1) 14:16 date's (1) 13:18 David (1) 5:5 day (1) 34:9 dead (1) 18:20 deal (1) 16:2 deals (1) 16:7 debtor (2) 28:6;32:18 debtor's (1) 32:14 decided (2) 5:9;13:6 decision (2) 29:5;35:7 declared (1) 21:18 deed (6)

5:15 documents (5) 17:7,17;21:9;22:2; 27:6 dollar (4) 23:10;31:18;32:1,3 dollars (3) 16:3;23:5,22 done (6) 14:11,11,12;20:25; 21:17;35:4 down (2) 5:7,8 dozens (1) 32:16 Due (3) 5:8;26:6;35:7 during (1) 7:2 duties (1) 10:11

enter (1) 19:14 entered (6) 14:4;29:7;31:14; 32:10,15;34:6 entering (1) 18:11 entirety (1) 33:23 entities (1) 24:19 entity (1) 28:3 entries (1) 8:16 entry (10) 9:15;11:24;24:11;
25:10;26:1,14,17;28:9;

30:10;34:6 error (1) 32:3 essentially (1) 9:11 E establish (2) 9:9;33:4 early (2) estate (7) 24:11;25:8 11:13,21;23:5;28:3; ECF (1) 31:21;32:14,21 26:14 evasion (1) economic (1) 22:18 32:19 Even (5) Edward (2) 17:16,24;24:8,25; 5:25;13:23 25:12 Effective (1) everybody (3) 19:21 15:24,25,25 either (10) 5:14;10:2;11:17,19; everyone (1) 5:2 12:17,20;13:1,19;27:18; evidence (21) 32:17 10:9;18:5,9,11,11; elaborate (1) 19:11,14;20:2;24:7; 23:10 27:15;29:13,20,24;30:1, Elizabeth (1) 11;33:10,11,12;34:8,11, 25:23 11 else (2) evidenced (1) 8:19;15:25 31:12 e-mail (6) 18:18,21;19:14;26:20; evidentiary (10) 18:14,17;19:11,15; 33:15,17 23:23;26:10;27:23;30:9, e-mails (2) 13,14 19:10;30:3 exact (1) emergency (1) 9:14 26:8 exactly (1) employed (1) 7:1 31:1 exceed (1) employee (3) 31:22 18:12;20:21;24:14 except (1) employees (2) 30:23 28:6,6 excuse (2) end (1) 7:15;16:16 18:20 execute (2) engagement (2) 23:23;27:23 8:6;9:6 executed (8) enough (1) 22:8,17,17;24:14; 12:15 (3) copy - executed

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New Century TRS Holdings, Inc. 07-10416-KJC 6:15;28:14 finished (3) 28:16;35:4,5 First (3) 20:11;23:3;34:15 first-hand (1) 19:23 fit (1) 33:4 fix (1) 13:19 flaws (1) 15:23 flies (1) 25:4 flurry (1) 32:15 focused (1) 29:23 followed (1) 23:5 following (1) 6:3 F foreclosure (2) 27:5;32:18 face (2) foreclosures (1) 25:4;34:11 32:20 fact (8) forged (1) 11:12;14:1;17:13; 27:12 29:8;32:4,5;33:14;34:18 forged' (1) facts (3) 20:12 23:4;33:4,5 forget (1) failure (1) 9:14 17:10 form (1) fair (1) 18:12 24:6 former (2) far (3) 26:21;28:6 9:4;12:2;31:22 forth (3) February (4) 29:15;30:6;34:23 19:19;22:7,12;24:9 forward (2) Federal (3) 9:13;13:6 16:14;27:19;29:17 found (1) feel (2) 29:5 20:13;34:21 four (1) felt (1) 32:1 32:8 fourteen (1) feverish (1) 22:9 16:8 fourth (1) fibromyalgia (1) 21:1 28:19 fraud (8) figured (1) 17:4,9,20;18:6;23:18; 14:17 24:20;28:1;32:4 filed (3) fraudulent (9) 25:8,23,24 17:7,9,15;18:3,4; files (1) 19:25;25:5;27:13;28:5 11:22 fraudulently (1) filing (5) 24:18 24:24;25:12;26:15,15, FRAZER (15) 15 4:6;6:21;7:15,20,23; finally (1) 8:21;9:12,17;10:25; 17:19 11:6,17;13:10,11;14:1,7 financially (1) Frazers (10) 24:3 7:16;8:4,4;9:5;10:3,8, fine (2)
25:4;28:8;29:14;33:20 executing (1) 22:25 exercise (1) 25:18 Exhibit (11) 20:7,14;21:6,24;23:7; 25:25;26:13,17;28:8; 33:15;34:6 exist (1) 33:6 existed (1) 24:25 expedite (1) 31:8 explained (2) 7:16;8:5 explanation (1) 24:16 extent (3) 13:11;14:18;31:7

July 26, 2011 12;12:7,19;13:3 Frazer's (2) 8:14;11:2 full (1) 22:3 fully (1) 30:10 fund (1) 17:24 funds (1) 17:24 further (5) 14:19;17:15;21:22; 35:9,10 headed (1) 5:10 hear (3) 6:18;16:25;28:22 heard (2) 15:11;32:10 hearing (17) 5:12;6:13;12:21,21,
21;18:14,17;19:11,15;
23:23;26:11;27:23;30:9,

indeed (3) 18:17;21:16;24:13 Indelicato (16) 8:17;10:19,20;14:22,

23;15:1,5;18:18;20:5,9, 25;23:3,6,12;28:23;34:5

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gave (1) 20:4 gets (2) 11:21,22 given (2) 11:1;28:24 giving (1) 10:23 global (8) 25:7,14,16;26:5,9; 32:7,12,21 goal (2) 6:8,16 goes (4) 21:5,23;23:10,12 Good (4) 5:2,4;7:13;17:6 governed (1) 29:17 Government (2) 21:8,25 Grand (1) 16:14 granted (1) 33:9 great (1) 23:12 guess (2) 6:25;14:9 Guinto (1) 8:1 Guintos (1) 7:14

13,14;33:12;35:12 hearsay (3) 23:16;24:7,16 help (2) 16:22;31:7 helpful (1) 31:4 herrings (1) 33:3 Hessen (2) 6:1;13:24 himself (1) 30:25 history (1) 19:23 home (3) 16:21;17:13;21:5 Home123 (22) 16:7;17:4,5,16,21,23;
18:13;19:18,20,21,22;
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9,9;25:5,22 Honor (39) 5:4,7,25;6:2,20;7:13, 20;8:5;10:6,19;12:9;

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28:13,16,23;29:2;30:1,7,

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Indelicato's (1) 22:6 indicated (1) 10:21 indicates (5) 5:22;12:6;29:11,12; 31:17 indicating (3) 30:3;31:4,17 indication (1) 11:25 indicative (1) 21:21 indignant (1) 30:17 individual (1) 31:5 inducement (1) 20:1 inform (1) 13:24 informal (2) 20:20,23 information (2) 6:8;8:9 informed (1) 11:7 initial (2) 22:3;33:12 injunction (1) 26:8 injured (1) 28:5 injustice (5)
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32:25 innuendo (1) 33:4 insist (1) 25:1 insisted (1) 17:6 insists (1) 21:22 instances (2) 21:13,20 instead (1) 6:12 institutional (1) 16:9 instrument (2) 23:24;27:24 integrity (1) 30:21 intend (1) 12:12 intended (1) (4) executing - intended

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New Century TRS Holdings, Inc. 07-10416-KJC 32:13 intentionally (1) 23:17 interest (3) 8:13,21;32:19 interesting (1) 29:10 interim (1) 31:24 interrupt (1) 13:25 intervening (2) 29:19,22 into (13) 16:5,15;19:11;22:12, 16,25;23:10,17;29:7; journal (12) 18:23;19:5,7,13; 20:18,19,22;27:22; 33:11;34:13,16,21 journals (3) 18:25;19:1;30:6 JPMAC2006-NC1 (2) 16:5;22:13 JPMorgan (1) 22:6 judgment (1) 24:4 judice (1) 14:23 judicial (1) 31:19 30:10;31:14;32:15;33:4 July (1) introduced (1) 15:21 24:10 June (2) investigation (1) 25:8;34:9 16:14 Jury (1) investor (1) 16:14 16:12 investors (1) K 16:9 involved (2) keep (1) 10:13;14:13 18:25 involves (1) kicked (1) 18:6 28:19 iota (1) KIMBERLY (3) 31:9 4:2;7:14,15 irrelevant (1) kind (1) 30:7 16:20 IRS (2) knew (7) 22:19,20 19:6,20;20:18;25:21; Irvine (2) 29:11;33:18,19 21:14,17 knowingly (1) issue (17) 31:13 7:10,18;12:3;19:25; knowledge (3) 20:18,19;22:11;23:21; 19:23;33:20;34:12 26:8,12;27:21;30:8; known (4) 34:12,17,19,21;35:7 18:16;29:13;30:10; issued (1) 34:17 20:1 issues (11) L 18:15;27:22;29:6,11, 18;30:12,13,24;33:2,10, lack (1) 19 7:10 item (1) language (1) 5:17 9:14 Items (4) last (5) 5:14,16,17,19 6:23;7:2;8:17;12:21; 33:14 J late (1) 5:10 JACOBS (2) later (3) 4:15;26:19 11:16;17:19;22:9 Jamie (1) law (6) 15:21 11:23;22:20;25:20; job (1) 29:20,23;30:20 24:15 laws (2) Joseph (2) 22:19,19 7:14;26:18 lawsuits (1) Min-U-Script 16:12 least (2) 14:10,15 left (2) 21:9;25:6 legal (3) 20:15;24:15;27:12 legally (1) 23:15 legitimate (1) 27:9 lender (2) 17:8,25 lending (1) 17:4 less (1) 25:5 letter (10) 8:6;9:6;19:9;20:9,16, 25;22:6;23:2,6,8 level (1) 18:1 licensed (1) 17:22 light (2) 23:3;30:13 likely (1) 18:7 line (3) 5:22;25:3;27:2 liquidated (1) 31:23 Liquidating (13) 4:15;5:6;8:9;10:7,20; 33:2,3 lying (3) 17:11;26:25;32:7

July 26, 2011

11:11,15;12:20;31:7; 35:4 minute (1) 28:17 misinformation (1) 23:16 misleading (2) 32:4,7 misled (2) 23:17;31:17 misrepresentation (1) 20:3 miss (1) 16:24 Missal (1) 16:11 mole (3) 26:23;31:1,8 moment (3) 8:20;16:17;28:13 monetary (2) 28:10;32:21 money (1) 24:2 monies (1) 27:25 month (1) 12:22 months (2) 17:19;22:9 more (6) 5:24;18:1;22:11; 23:19;27:20;34:22 morning (4) 5:2,4,8;7:13 mortgage (7) 16:2,3,4;17:5;18:6; 22:13,20 mortgages (2) 15:23;18:8 Motion (27) 5:18;6:5,7,9,11,17,18;
11:22;15:7;18:10;25:3, 8,10;27:2,17;29:1,3,19; 32:9,9,11,23;33:5,8,22;

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mailed (1) 17:17 main (1) 25:11 maintains (3) 26:23;28:1,2 making (1) 30:20 manifest (6)
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34:22;35:7 motions (1) 29:16 move (2) 6:15;15:2 moving (1) 19:25 much (1) 17:1 must (5) 22:2;27:11,12,13,14 myself (1) 19:10

N
Nagy (5) 19:5;20:6,17;24:13; (5) intentionally - Nagy

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New Century TRS Holdings, Inc. 07-10416-KJC 27:21 Nagy's (3) 18:24;20:12;30:4 name (3) 21:11,15;33:3 NCLT (1) 25:11 nearly (1) 16:2 necessary (4) 8:7,8;9:8;13:19 need (5) 11:1;15:24;27:16; 29:20,24 needed (1) 7:19 needs (2) 11:5;12:10 negligently (1) 24:17 negotiable (2) 23:24;27:24 negotiate (1) 11:17 negotiations (1) 33:15 New (33) 4:15;5:6;16:3,7,13,13, 15;17:4;18:9,11,13;
20:21;21:3,17,23;22:19;

July 26, 2011

11:5,14;12:16,19,19;
15;25:16;26:9;27:17;

number (5) 5:16,18,22;25:3;27:2

14:6 16:17 23:25;27:25 paying (1) 23:21 payment (1) 19:23 pendency (2) 11:7;13:3 pending (1) 11:10 pennies (3) 23:10;31:18;32:2 people (3) 30:20,21;31:7 percent (1) 16:11 perhaps (2) 7:5;14:13 periods (1) 14:6 permit (2) 25:18;32:13 permitted (2) 32:15,20 perpetrate (1) 17:9 person (4) 5:12;6:15;21:12,16 personal (1) 18:1 perspective (2) 14:10;15:5 petition (1) 25:2 phone (5) 5:11;7:17,21;15:8; 16:20 pick (1) 13:15 piece (1) 17:14 place (2) 10:24;12:16 placed (1) 8:20 Plaintiff (1) 26:18 plaintiffs (1) 31:6 pleadings (2) 29:16;30:6 please (1) 5:5 plethora (1) 16:13 PM (1) 35:14 point (10) 6:5;7:7;9:10;10:6; 12:24;13:6,18;25:15;

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oath (1) 27:23 objected (1) 32:24 Objection (11) 20:8,14;21:7;25:2;

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23,25;19:1,5,6,7,10,12, 13;20:18,19,22;24:14, 15;27:22;30:4,9;33:11, 18;34:8,10,13,13,14,16,

16,19,20,21 note (6) 14:5;22:16;23:24; 24:5;27:24;29:10 notice (8) 17:16,16;22:22,23; 25:24;27:9,10;31:19 November (3) 14:4;19:8;24:11 Min-U-Script

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29:10;30:22 points (1) 22:18 pool (3) 16:2,10;22:13 posed (1) 22:5 position (1) 32:6 possibly (2) 24:19;28:3 powers (1) 10:23 predatory (1) 17:4 prejudice (2) 24:4;26:4 prejudiced (1) 25:20 PRESENT (1) 4:14 presented (2) 8:16;10:8 presents (1) 15:14 pre-trial (2) 12:8;13:12 previously (2) 19:14;33:3 prior (16)
17:6;18:16,21;19:3,6,
8;20:10,23;24:23;25:2, 12;27:20;30:6,10;31:3;

34:13 Pro (6) 4:3,7,11;26:21;31:5, 10 Procedures (1) 27:19 proceed (7) 6:19;9:12;11:6;13:6; 25:9;32:20;34:3 proceeding (14)
8:25;9:19,23;11:1,3,9,

9;20:9;23:7;24:11;
25:13;28:11;33:16,22

proceedings (2) 25:24;35:14 process (8) 12:11;26:6;27:5,6; 30:21;31:5,8;32:5 production (1) 18:5 prongs (1) 27:17 proof (4) 17:15;23:14;24:17; 25:12 proper (2) 24:15;27:12 properly (3) 17:10;25:1;32:24 properties (1) (6) Nagy's - properties

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New Century TRS Holdings, Inc. 07-10416-KJC 32:18 property (3) 11:20;21:20;25:19 prove (2) 18:5;24:12 proved (2) 18:2;27:20 proven (1) 34:22 provide (2) 16:13;24:5 provided (4) 8:8;12:15;14:5;24:7 provides (1) 20:7 providing (1) 24:17 PSA (1) 22:14 published (1) 18:25 pursuant (2) 14:12;29:6 pursuing (2) 8:14,22 put (5) 8:14;12:2;19:21; 22:24;32:6 6:3,13 reasonable (1) 24:6 reasserts (2) 24:21,22 rebuttal (1) 15:13 recall (3) 6:23;7:2;12:20 receive (2) 31:18,20 received (3) 22:22;31:15;32:2 recently (1) 6:2 recess (1) 35:12 recognize (3) 10:8,24,24 Reconsideration (15) 25:7,9,14,16;26:5,9; responses (1) 20:23 relieved (1) restoration (2) 9:15 24:1,3 remains (1) result (1) 28:3 13:18 remedies (1) retained (1) 25:19 30:25 REMIC (3) return (1) 22:19,20,25 21:10 remind (1) returned (2) 29:2 21:11,15 reopened (1) returns (1) 28:11 19:2 rep (1) review (1) 17:5 20:11 repeatedly (1) reviewing (1) 16:8 12:11 report (2) Rigano (1) 16:11;28:9 20:5 5:19;18:10;25:3;27:3, represent (6) right (14)
29:9;32:8,12,17,22,23
8:3,4;9:7,20;11:3;31:5

July 26, 2011 14:1,2,12,15,18 scheme (2) 21:22;22:18 Schintzer (1) 5:25 SCHNITZER (5)
5:25;6:20;12:6;13:23,

18;29:1,3,16,19;32:11;

7:12;8:22;9:11;12:25;
14:9;15:2,7,11;28:17,21;

Q
quick (1) 15:12 quickly (1) 5:13 quiet (1) 28:7 Quite (1) 24:18

R
raise (1) 14:20 raised (2) 7:18;32:8 RALPH (1) 4:10 rate (2) 16:8,11 rather (1) 5:9 reached (1) 6:6 ready (1) 15:2 real (1) 25:19 really (4) 7:9;15:24;17:8;30:5 reargue (1) 33:2 reason (2) Min-U-Script

33:5,9,23;34:22;35:7 record (7) 7:14;8:6,14;15:10; 20:3;21:2;31:12 recorded (12) 21:9,10,11,14;22:2,9, 10;27:6,7,9,10,11 recording (3) 21:12,15,16 recordings (1) 27:11 record's (1) 14:10 recovery (2) 11:11,12 red (1) 33:3 reference (1) 34:20 references (2) 19:12;33:17 referred (1) 8:15 refinance (1) 17:20 Refresh (1) 10:15 regarding (6) 18:15,18;23:21;25:7; 31:2;33:18 regularly (1) 6:23 related (3) 9:23;14:24;33:10 relates (1) 32:12 reliance (1) 24:16 relied (1) 20:13 relief (12)

representation (4) 7:17,19;9:9;10:25 represented (2) 12:4;31:7 representing (2) 9:5;11:4 reputation (3) 30:17,18,19 request (6) 6:3;7:4;9:14;10:10; 12:22;28:15 requested (2) 5:23;6:10 requesting (3) 21:12,16;22:10 requests (3) 26:24;28:7,11 required (2) 9:10;23:25 rescission (1) 17:16 residence (1) 23:13 resolve (1) 6:17 resolved (2) 5:15;29:6 resolving (1) 6:9 respect (22) 6:21,25;7:3,4,15,18, 21;8:9;9:20;10:9,11;

34:24;35:3,6,11 rights (6) 17:12;18:5;24:23,25; 25:19;26:6 Rojas (8)

18:12,16;20:20;24:14;

33:11,13,18;34:8 Rome (2) 5:5;25:24 Root (1) 26:16 Rule (1) 29:17 Rules (2) 27:19;29:17 ruling (1) 31:13 run (1) 5:13

sake (1) 15:24 sale (2) 27:10,11 sales (1) 17:5 same (1) 20:25 sanctioned (1) 12:9,19,20,23;13:4,14; 26:25 14:15;30:1,15,24;32:7 saying (1) respectfully (3) 11:16 26:24;28:7,11 schedule (1) responded (1) 5:9 14:7 scheduled (1) Response (9) 7:7 20:7,14;21:6;25:24; scheduling (9) 26:1,14;28:8;32:11;34:6 12:16,18,19;13:11;

23 Se (6) 4:3,7,11;26:21;31:5, 10 second (3) 20:10;21:1;26:17 Secretary (5) 18:19,22,24;19:1; 34:19 Section (2) 21:25;25:17 secured (1) 23:13 securities (4) 16:6;22:15,21,25 securitized (2) 16:5;22:13 security (1) 16:10 seek (2) 32:14,21 seeking (1) 32:16 sent (7) 18:18,23;19:2,8,13; 21:21;22:10 sentence (3) 20:11;21:1;23:3 separately (1) 9:19 September (3) 5:23;6:12,16 sequence (1) 27:12 seriously (1) 30:18 served (1) 14:7 servicer (1) 21:23 servicing (1) 22:7 set (7) 12:14,22,23;20:24; 23:20;29:15;30:6 setting (1) 12:14 settle (2) 20:1;23:5 settled (1) 33:19 settlement (27) 18:2,16,21;19:4,6;
20:10,24,25;23:8,18,18, 19,22,25;24:2;27:20,25;

28:1;29:7,8,13;30:10;

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(7) property - settlement

New Century TRS Holdings, Inc. 07-10416-KJC

31:14,15;33:14;34:16,17

July 26, 2011 talk (2) 10:2,3 tax (1) 22:18 telephone (1) 13:14 under (8) 5:16;21:8,25;23:25; 25:17,19;27:18,23 underlying (2) 7:11;29:4 Understood (3) 10:4;11:9;14:25 unfair (1) 23:18 unfortunately (1) 31:22 unless (1) 24:4 unmitigated (1) 15:23 unnecessary (1) 26:5 unsecured (3) 23:9;31:20;32:2 unsuccessfully (1) 9:25 up (4) 13:11;15:24;16:19; 21:22 update (1) 7:21 upon (2) 6:10;27:11 upper (1) 21:9 used (1) 17:23

shoot (1) 28:15 shortly (1) 20:24 shoulders (1) 8:18 show (1) 24:4 shrugged (1) 8:18 sighted (1) 11:16 sign (1) 17:14 signature (9) 18:15,24;19:4;20:6, 12,17;22:4;27:21;30:5 signatures (1) 22:2 signed (4) 9:6;24:13;33:19;34:9 simply (3) 10:25;13:19;32:12 single (1) 17:14 site (1) 19:1 Sloan (1) 25:23 sold (4) 16:3;19:18;22:6,12 somebody (1) 11:22 someone (1) 12:3 sometimes (1) 32:16 sorry (3) 17:2;28:12,16 sort (1) 8:18 speak (1) 30:25 speaker (2) 16:21,22 specifically (2) 13:2;33:17 specifics (1) 9:18 spent (1) 24:2 split (1) 30:2 squiggle (1) 22:3 stand (1) 35:12 start (2) 5:19;29:2 started (3) 15:19;17:20;26:15 State (7) Min-U-Script

18:19,22,24;19:1; 27:5;33:18;34:20 stated (3) 23:23;27:4;34:14 statement (1) 21:1 states (7) 9:7;19:16;20:2,11; 21:9;22:14;26:18 status (8) 5:17,22,23;6:22;7:2; 8:10,11,12 stay (13) 25:8,9,14,16,17,24;

took (2) 16:21;17:14 totally (1) 9:1 train (1) 5:9 TELEPHONICALLY (1) trains (1) 4:6 5:8 telling (1) transaction (1) 8:3 26:15 tens (2) transfer (1) 17:3;18:7 25:5 terminated (1) transferred (5) 25:16 22:8;23:15;24:8;25:1; 26:5,9;32:8,13,17,22,23 terms (5) 28:2 Steve (5) 12:13;17:11;29:6,8; trial (6) 19:5;20:17;24:13; 33:20 7:8;12:6,14,14,22; 27:21;30:4 testified (4) 13:18 still (3) 18:17,19;26:10;27:22 tried (2) 9:1;14:23;24:24 testimony (3) 5:7;19:14 stop (1) 20:4;23:22;34:18 true (1) 32:15 Thanksgiving (2) 17:8 strictly (1) 19:8;34:15 Trust (48) 29:16 theory (1) 4:15;5:6;6:1;10:20,23; sub (1) 11:10 11:15;15:14;16:5;18:9, 14:23 therein (1) 14;19:3,19;20:1,19,21; subject (2) 29:9 21:22;22:15,16,19,21, 5:15;8:17 thereof (1) 25;23:8,10,12,16,17; submissions (1) 7:11 24:6,7,9,12,14,25;25:15, 33:16 third (2) 21;26:20,25;27:1,25; submit (2) 26:17;32:13 29:7,12;31:1,1,9,15,17, 13:15;30:2 thirty-five (1) 23;32:24;34:7 subsequent (1) 16:11 Trustee (22) 31:2 though (2) 4:15;8:9,13;9:11,13, substance (1) 17:24;29:2 16;10:10,11;11:7,16; 12:5 thought (2) 12:1;13:10,15;20:3; substantial (1) 28:20;35:4 23:4;26:19,22,23;27:8, 24:4 thousands (3) 10;28:22;33:7 substitution (1) 17:3;18:7,7 trustee's (5) 27:8 three (3) 7:18;10:7,12;12:12; successful (1) 17:19;27:17;29:18 27:10 11:11 three-day (1) Trust's (3) sue (2) 17:16 14:10;15:5;27:2 15:25;32:14 TILA (2) try (1) suffice (1) 17:12,16 28:24 30:8 timeliness (2) trying (4) sufficient (1) 7:1;14:24 9:25;23:9;30:2;33:4 8:19 times (2) turn (1) suggest (2) 27:4;34:14 5:20 14:8,14 timing (1) twelve (1) suing (1) 7:9 32:1 16:10 title (4) two (7) Superior (1) 27:14;28:7;32:19,20 6:20;11:20,21,22; 25:9 today (5) 12:22;27:17;31:24 supposedly (1) 6:21;7:3;17:8;34:18; type (1) 26:9 35:9 23:16 suspicious (1) today's (1) types (1) 24:10 6:11 16:7 told (5) Typically (1) 10:7;17:17;20:5; 27:7 T 25:14;26:21 tolls (1) U table (1) 17:12 27:21 eScribers, LLC | (973) 406-2250 operations@escribers.net | www.escribers.net

V
vacation (1) 6:14 valid (4) 20:7,15;27:6,12 validity (1) 27:21 validly (3) 23:15;24:13;28:2 venue (1) 17:8 veracity (1) 30:21 victim (1) 17:3 violated (1) 26:7 violation (2) 22:18,20 virtually (1) 14:3 voluntarily (2) 31:14;33:20

W
wash (1) 28:20 Washington (6) (8) shoot - Washington

New Century TRS Holdings, Inc. 07-10416-KJC 7:20;8:8,13;9:9,24; 13:4 way (4) 5:8;9:2;12:2;22:25 ways (1) 11:21 Web (1) 18:25 week (2) 6:14;34:14 weeks (1) 6:8 weren't (1) 17:18 What's (1) 8:11 whereabouts (1) 19:7 Whereupon (1) 35:14 White (4) 6:3,6,10,15 Whites (1) 5:23 White's (1) 6:5
WHITETELEPHONICALLY (1)

July 26, 2011

4:10 willing (1) 23:23 work (1) 26:22 worked (1) 27:1 worth (2) 16:2;23:9 wrongdoing (1) 16:13 wrongfully (1) 23:17

Y
year (1) 31:13 York (1) 22:19

Min-U-Script

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(9) way - York