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Plaintiff,

IN THE Ci:i^OJIT COORT, SEVEK!TH JODICIMt <^SICUIT, IN Sam FOR VOLUSIA C!<3ONTY, FLOEICSl
CftSE NO. ; Bm& OKE JWIQNSL SSSOCI&flQU, BS TRUSTEE f j , 2001-31518-CICI

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ROBERT !8!BD OEHILYNS It, 188>RP, a ^k/a JERILYH Li HaROi SSBH SUE FOG&3?E ? JOHN DOE AND JANE DOS AS UNKNOWN ?&& 3T{3) IK POS^SSICB^ OF THE SPBJECT PRO t. J&Jfcv JL X f

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Defendants , i
PROCEEDINGS: MOTION Qi \Y JODGEMSNT JULY 10 f : 2002 1 1 : 1 0 A.M 11:20 A.H YOLUSia O >UHTY COORISKOSE JMIEX T *? ^ Ujjrxo JPSQ'P jL^^jr 4L i' ^BflHGE JWENOE jj^YTCWB. BJ 1ACH, FLORIOa

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Dm3?E TMCSH:

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TIME COMMEIKSD; TIME CO^CHTOED: PLACE:

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%. -\D BY:

DSBORaH Hi

yREEN^ RPK O5URT HER ilTER JIND HOTJIEY PUBLIC

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?he aboire-styled caiise Cc me on to be heard before the Honorable Wxllxam C. Johnsoni Circuit Court Judge, at the tiiae and place abo^re indicate d r for the purpose of

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taking e^JLden.ce and testimcmy in said cause. I


VOL0SIA HEPORTIN POST OiTICS BC:X 1409 rasnami BEaoi, wi&JlITSl 32115 386-255-2][50
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-SMT M. POST, ESQOIRE Law Offices of Marsfaalll C. Satson 1800 m 49th Street, (Suite 120 (954)-453-0365 Attorney for Plaintiff

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R0BER11 . WMU5 JERILYNH L. W.MD Bro 5e

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P R O C E E D I N G S

COURf: Jill right POST:


of

Who do we have here? Jtoy Post on behalf

Good mojani|ng,

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THE COURT:

Please cone up here and tell ine the

style of the case, the naras of the case, and who you are and who you represent, and then we ra.ll ask these people to do the same.
MS. POST: Qartainly, Your Honor, my name is

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Amy Post.
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I represent Ban|c One in the matter of Bank


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One versus Sard. Thi,s as plaintiff's motion for final judgement

of mortgage foreclosure^ wliich ha$ been before Your Honor on numerous occasion?> aoguaisit$:d with the soatter THE COtlRf: Could I a sk you to please stand and tell ine your names* .., . . %-v MR. WS&D: Robert War<ji.
US* RGIRD: THE COURT:
f^jP? 59f S.15 FV **

I tlunk you're well

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My name is JerilsOTm Ward. You


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Ids, FUG&TE: THE COURT; MS, FUG&TEs


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Sara FugAte* So you ars* one of the parties? Yesr


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COURT: Ho^, you ^ook. faiailjtar to me* Jlre

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you the lady that comes iri with that letter of


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credit, bill of credit? US, FUS&TE:

It's a 13iil of exchange, yes, sir*

THE COURT: $B. WG&TS?

Seventy ssomething thousand? I've prc2 ^rided certified funds

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totaling $144r 432* 07, spec ifically to discharge debt associated wth this case, which is supported by affidavit idnch has been t ntered jjato the record this morning. Jtod I faaire a co{ y to giire you*
THE COURT: MS. FOGKTE: H^ire you 3een that? I f< sre got one for her aJLsQ*

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THE COlMf: you caaa*

Shy don f i you all cosie up here, if

Stand rhere a&d then ~


If you J ike a copy of this# I also

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BIS. FUC^ITE; haire one. THE COQRTi

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Giire one to Ms* Post.

Let me see

what you got. L^t^sia looJ c at this and then If 11 hear you. Jkre you preparing yen ir omi pleadings or is sossaone else doing it for you?
MS, FOGHS1!;: TOE COURT j $S. iUGUTE: THE COOB.T: US. FOGAXE: I f la doi^ ig it myself with help. Hhose he; .p? A frien< L Jta atton ley? No, sir

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1TOWSIA HEPOETINI !CCKPK

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it?

THE COURT:
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It's aot; Tony (undiscemible), is


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MS, FCJSlfE: THE COURT: MS* HJGATEi THE COO&T: you? MS* itlGSIE;

I never heard of herWho is 5 pur frxaad? I have po attorney* SHio is the frxend that doas this for
t

I choode not to answer.

It's

nobody that know? any


THE COURT:

or an attorney of any kind,

Ha^a you had an opportunity to look

at this? Have yon shorn (her*, agram* the money and all this? MS* FOSaTS: I've s4at an additional $72,005,22 to Hoioecomiiigs yesterday.
THE CODSf s Wio dx<l you send, it to?

US* FIJG&TE: Hcmecontings Financial Network. THS COURT: I wish you. hadnft done that. I wish you would have brought: it; iB here. You sent it to them yesterday? IIS* EUGRfE:
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sir.

THE COURT 2 Who have you been talking to about


this? sake. I ask this not so mieh for x&e but Ms. Post's

US.

I did talk to Michael Cackling never did respond to sis. 1

one time*

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sent several faxes out to [him. Michael Burke in .Amy Post's office gave me the [address of the Homecomings t t Financial Network. THE COURT: One? MS. FOGATE; That's who the check is made out exchange xs made out to. Who are tihey? They're xn the Bank

to. That's who the bill

MS. POST; They're ti.e senricer. They deal with the payment. THE COQRT: I get so infuriated at the maze

these mortgage cozqpana.es aire creating. MS. FEFGaJTE: Nobody an this company would
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respond to any of my faxed*

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THE COURT: I belief you- That's all I hear all tiie time. Nobody can get through to Nobody will call back. Hdbody will give a last nameMow, where does that leave with us judgement? POST: In regard to the motion for sussaary judgement before I present that to Your Honor, an regard to the affidair.it tfcat Ms. Fugate has presented to me this WQmngr of course, I have no knowledge as to i*hetJier there has beea payment received and accepted by Hos^ccmings* this faontent,
OLUSIA. BEPGRTIHG COfcffiANY

This is all new to me at

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But in regard to the! affidavit, I certainly haven't had. an opporttaaxty to read it allr &ut in reviewing it briefly, jlfm of the position that I should laoire forward for ikr client on the motion for sunssary judga&entTHE COURT: MS. POST;

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Really?

Yes, You; r Honor*

!FHE COURT; Should ]C hear your argument? i MS* POSf: Ifour , there are ao Issuer of facts to present. There was a the initial mortgage and note were signed on the 7th of August EOOO, The default occurred on May Ist^ 2Q01; wherein, at that time wdi instituted an action against j the shards, proceeded to service, and had a default entered against the Pares, as well as Ms* Fugate, 00 the 28rh of August 2001,: Therefore, any filings **ith the court should not be dteeaied accepted and Presented during the laotion for sissniary judgesient. f

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fhe i^aute is that there has been a default, and at this time my client believes they're entitled to final ludgesoent of mortgage foreclosure based on that default, |

fH COUR1!: Ha^re ybu seen the letter in this filef June 10th, 2002^ jla5^ firm of Marshal Watson,
YGLUSX&

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date? Haire you seen that?

PJ^ says $75,459*25 will j pay this mortgage up to j?

HS POST: Yes, Yau|r Honorf I ha$re* Und in regard to that, I haire a^ked of my client ~ of 1 coursef I don't know abottt the current fB&ds that Ms, lUgate is stating sha has presented to Homecomings/ but prior ta that I asked my client to review the records * and if and asked if they had, in factr received any fubds, what: t&ey haira done itfith them if they had, or if they had not, et cetera, and asked my client - representative of my client sign an affidavit in regards jto those facts. I do have that affajdavit: to present to Your Honor this morning, statjing basically that no payoff funds were received from Sara Fugate* and that Kas signed on Jiily 2nd. So |a representative of my clxent 1

THE COURT: iifien did you aoail that, Ms, Fugate? I ha^4 a receipt or a Fedex copy where on February ?th at 9 : 4 8 a.xa^ C* Bnderson signed for the bill of ^cchange that was sent to

THE COURT; Do you,(want to look at that?


MS* POST: MS. ItrGSTE: Please.j
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You cJci call the number and that's

VOLUSI& BEEORT::NG COMBWSY

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what you'll hear.

MS, POST; Hay 1 aslsj a question? THE COURT: MS. POST; exchange? MS- FUGME* Okay* Sure, j

Specifically what is a bill of

MS. POST:

Because 3! haw a feeling my client

will not 3cnow what this a|s in order COURTj They're in tihe business* Ir*s a i l^ssiJc ins trutme0.t ' I MS. .JEUGRX13; It's aii i&strocaent to pay through a treasury account, ..MS.. Pt^T: Okay' j
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MS. EITGATE;: If you f read the instructions that came with that* it tells (you exactly how to receive
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the funds from the Treasury Department, the US Treasury DepartmentKB* POST2 Okay,

MS* FUOUTE: Jlccordj.ng to Florida Statute 672*304, price payable in money, goodsf realty or otherwise, and I chose otherwise It says the price

can be made payaJble in. money or otherwise, and I chose otherwise, l5ic*i the bill of exchange.

Bud there is a Iarg4 amount of case law supporting tAe facts thai notes and bills of exchange

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are the same as money and checks, et cetera.

MS. POST: Your Honojr, it's my client's position that the terras of the note and mortgage rule this a default. In regards to njaking a payoff of the note and aaortgage, they have deemed they would like those funds seat via certified funds in order to process it. MS. fUGan;: That is certified funds. THE COURT: , I tell jiou. what, you can tell Home serving ( s i c ) , or wtioerer they are, or Bank One, send a representative down here and she* 11 deliver the funds. f Meanwhile, motion for summary judgement is Send me an order. i This case is dismissed.

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denied.

{WHEREUPON, the deposition was concluded at 11:20 a.m.)

VOLUSIA RBGRT3$3G COMPANY

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C E R T I 3I CAT E

OF ELOR1Q& COUNTY OF TOLUSJA

I, Deborah Warren Registered Professional Reporter, certify that I was Authorized to and dzd stenographically report the faregoing proceedings and that the transcript xs a true and :;oisplete record of my stenographic notes. j

Bated this 16th daw of July, 3002.

Deborah Warren, Court Reporter


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