Paul J.

Sulla #5398
Lockey E. White #10487
Demetri G. Lametti #10643
P.O. Box 5258
Hilo, HI 96720
808-933-3600 phone
808-933-3601 fax
Attorneys for Plaintiff
ALBERT VANDER VELDE

IN THE CIRCUIT COURT OF THE THIRD CIRCUIT

STATE OF HAWAII

Civil No. 17-1-0045

ALBERT VANDER VELDE, an individual (Foreclosure)

Plaintiffs
vs. DECLARATION OF ALBERT VANDER
VELDE; EXHIBITS “1”-“3”
EDWARD FRANCIS SLATTERY,
unmarried; LISA MICHELLE FLORES,
unmarried; HAWAIIAN PARADISE Hearing Date: May 9, 2018
PARK OWNERS ASSOCIATION, a Hearing Time: 1:30 p.m.
Hawaii non-profit corporation; Judge: Hon. Henry T. Nakamoto
DEPARTMENT OF TAXATION, STATE
OF HAWAII; DOES 1-50,

Defendants.

DECLARATION OF ALBERT VANDER VELDE

I, Albert Vander Velde, declare under penalty of law that the following is true and

correct:

1. I am the Plaintiff named herein.

2. I have reviewed my records and files for this matter and have personal knowledge

as it pertains to the matter contained herein.

 3. I make this Declaration upon personal knowledge except and unless stated to be

upon information and belief.

4. On or about March 10, 2006, I loaned to the Defendants EDWARD FRANCIS

SLATTERY and LISA MICHELLE FLORES (“Borrowers”) the amount of $117,000.00. The

terms of that loan were memorialized by the Defendants and my execution of a Mortgage Note

(“Note”) and Mortgage (“Mortgage”) of the same date. Attached hereto and made a part hereof

as Exhibits “1” and “2” are true and correct copies of the Mortgage Note and the Mortgage,

respectively.

5. I record and keep track of payments, or lack thereof, on the Note and Mortgage,

as the loan was simple and relatively straightforward. The Note provides that monthly interest-

only payments shall be made by the Borrowers in the amount of $975.00 per month until fully

paid. Any remaining principal balance of the loan, along with any accrued interest or fees, was

fully due and payable on April 16, 2008.

6. Attached hereto as Exhibit “3” is a spreadsheet ledger detailing the amounts owed

by Borrowers, along with the payments which were made and applied.

7. Borrowers initially made payments as required under the Note, often several days

late but in the month in which the interest-only payment was due. Borrowers first defaulted

when they failed to timely pay the October 10, 2007 payment.

8. Subsequent to October 10, 2007, Borrowers would make sporadic monthly

payments, as shown in the spreadsheet ledger attached hereto. However, Borrowers never

became current under the Note and Mortgage subsequent to October 10, 2007.

9. On April 16, 2008, the term of the Note expired, and the full balance became due

and payable. Borrowers did not pay the full balance of the Note as required.
 10. For several years, Borrowers did not make any payments towards their

outstanding debt. On approximately _____, 2014, with the consent of the Borrowers, we re-

entered the Property and began living there until _____, when _____. Accordingly, as we were

able to use and enjoy the Property during this time, I am not seeking interest that I would

otherwise be entitled to during this period under the Note and Mortgage, and that discount is

reflected in the spreadsheet ledger.

11. On or about August 11, 2016, I hired the Law Offices of Paul J. Sulla, Jr. to

prosecute and foreclose the Note and Mortgage. During the course of the representation,

Borrowers and I, through my attorney and my attorney in fact Jana Rene Girard, entered into

negotiations to consider loan modification and other alternatives to foreclosure such as a deed-in-

lieu. In one such negotiation, Mr. Edward Slattery made a $4,000.00 trial period payment which

is reflected in the spreadsheet ledger. However, the modification required monthly payments of

$1,000.00 thereafter for several months prior to the modification being entered into, and as

Borrowers made no subsequent monthly payments, and therefore no modification was drafted by

my attorneys or entered into.

12. The spreadsheet ledger described above and attached hereto, which I have

reviewed, is a true and correct copy of the payment history of Borrowers in connection with this

loan. It shows that Borrower defaulted, the default has not been cured, and the amounts stated

below, as tabulated from that spreadsheet, is owed on the Note. The record includes fees and

costs that are subject to change based on inter alia, a per diem interest accrual for each day after

the date of this motion, until paid. The Note continues to collect Per Diem Interest at the rate of

$32.05 per day.

Principal Balance: $_________

Interest Due: $________

Late Fees incurred to date: $___________

Total Due: $______________

I declare under penalty of perjury that the foregoing is true and correct.

DATED: Hilo, Hawaii this _____ day of April, 2018.

____________________________
ALBERT VANDER VELDE