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1 IN THE CIRCUIT COURT

OF THE FIFTEENTH JUDICIAL CIRCUIT
2 IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2010 CA 002652 (AW)
3
U.S. BANK NATIONAL ASSOCIATION
4 AS TRUSTEE FOR RALI 2006QS2
5 Plaintiff,
6 Vs.
7 WILLIAM DAVISON,
8 Defendant.
9 _____________________________________/
10
11
12
13 * * * * * * * *
14 DEPOSITION OF MARLIN KNAPP
15 TAKEN AT THE INSTANCE OF THE DEFENDANT
16 * * * * * * * *
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20 DATE: February 23, 2011
21 PLACE: 2041 Vista Parkway
22 Suite 102
23 West Palm Beach, Florida 33411
24 TIME: 4:11 - 4:40 o'clock p.m.
25

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1 APPEARANCES:
2 FLORIDA DEFAULT LAW GROUP, PL
9119 Corporate Lake Drive
3 Suite 300
Tampa, FL 33634
4 813-342-2200; fax 813-251-1541
Attorneys for the Plaintiff(s)
5 BY: ELIZABETH A. WULFF, ESQUIRE
Ewulff@defaultlawfl.com
6
JOSEPH MANCILLA, ESQUIRE
7 Jmancilla@defaultlawfl.com
8
KORTE & WORTMAN
9 2041 Vista Parkway
Suite 102
10 West Palm Beach, FL 33411
561-228-6200; fax 561-228-6202
11 Attorney for the Defendant(s)
BY: BRIAN KORTE, ESQUIRE
12 Bkorte@briankortepl.com
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1
MARLIN KNAPP 4
2 DIRECT EXAMINATION BY MR. KORTE 4
3
Defendant's Exhibit Nos. 3&4 marked for 4
4 identification
Defendant's Exhibit No. 1 marked for 5
5 identification
Defendant's Exhibit No. 2 marked for 10
6 identification
Defendant's Exhibit No. 5 marked for 14
7 identification
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1 The deposition of MARLIN KNAPP, witness, was taken

2 before me, Rachele Cibula, Notary Public, State of
3 Florida at large, 2041 Vista Parkway, Suite 102, in the
4 City of West Palm Beach, County of Palm Beach, State of
5 Florida, pursuant to notice in said cause for the
6 purpose of taking said deposition at the instance of the
7 Defendant in the above-styled action pending in the
8 above-named Court.
9 THEREUPON,
10 MARLIN KNAPP,
11 being by me first duly sworn to testify the whole truth
12 as is hereinafter certified, testifies as follows:
13 (Defendant's Exhibit Nos. 3&4 marked for
14 identification.)
15 DIRECT EXAMINATION
16 BY MR. KORTE:
17 Q. Sir, you've been called to testify; and you've
18 been produced as a witness in a particular case called
19 U.S. Bank versus William Davison?
20 A. Yes.
21 Q. What capacity are you here for, sir?
22 A. Yes.
23 Q. Do you know what capacity you're here for?
24 You're here as the person with the most knowledge of the
25 affidavit of indebtedness, correct?

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1 A. Yes.
2 Q. Person with the most knowledge of the trust?
3 A. Yes.
4 Q. The person with the most knowledge of the
5 assignment of the note?
6 A. Yes.
7 Q. And transfer of the note, correct?
8 A. Yes.
9 Q. And circumstances surrounding the lost note?
10 A. Yes.
11 (Defendant's Exhibit No. 1 marked for identification.)
12 BY MR. KORTE:
13 Q. I'm going to hand you what's been marked as
14 Defendant's 1. Can you tell me what that document is,
15 sir?
16 A. That appears to be the complaint.
17 Q. Can you tell me who the Plaintiff is in that
18 case?
19 A. U.S. Bank National Association as Trustee for
20 RALI 2006QS2.
21 Q. What's your relationship to the Plaintiff?
22 A. We are servicer.
23 Q. When you say, a servicer, how did you become a
24 servicer?
25 A. We were awarded servicing rights.

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1 Q. I'm sorry. When you say, "we -- we've done a lot

2 of these depositions. You work for?
3 A. GMAC Mortgage, LLC.
4 Q. It's your position that GMAC Mortgage, LLC, is
5 the servicer for U.S. Bank National Association Trust?
6 A. Yes.
7 Q. When did it become the servicer?
8 A. December 23, 2005.
9 Q. Who did it take over servicing rights from?
10 A. I'm not sure.
11 Q. As the person with the most knowledge of the
12 trust, have you had an opportunity to review the trust
13 documents in this particular case?
14 A. No.
15 Q. What documents have you had an opportunity to
16 review before coming here today as the person with the
17 most knowledge of the trust?
18 A. Reviewed a copy of the promissory note, the
19 mortgage, system notes and payment history. And I think
20 that's about it.
21 Q. Did you speak to anybody at the trust?
22 A. No.
23 Q. Have you ever spoken to anybody at the trust?
24 A. Not to my knowledge.
25 Q. Have you had any communication with anybody at

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1 the trust?
2 A. No.
3 Q. How did you become the person with the most
4 knowledge of the trust?
5 A. Well, if there's any questions you have, I'd be
6 willing to discuss those with you.
7 Q. I'm asking how did you get designated as the
8 person with the most knowledge?
9 A. I was designated as the person with the most
10 knowledge of the total items asked in the deposition.
11 Q. Well, how did you come to be designated the
12 person with the most knowledge regarding the trust
13 agreement?
14 A. I'm not sure.
15 Q. Did you get any specialized training or education
16 to become that person?
17 A. No.
18 Q. Were you given an opportunity to review trust
19 documents?
20 A. I had the opportunity.
21 Q. Did you take the opportunity?
22 A. No.
23 Q. Did anybody come to you and teach you about the
24 trust other than your lawyers?
25 A. No.

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1 Q. Would it be fair to say you don't know much about

2 the trust?
3 A. I don't know many specifics about the trust.
4 Q. Let's make it a little more clear then.
5 Do you know who the parties are to the trust?
6 A. The trustee is U.S. Bank National Association as
7 Trustee.
8 Q. You know that by reading the style of the case?
9 A. Yes.
10 Q. Before reading the style of the case, did you
11 know that they were a party?
12 A. No.
13 Q. Do you know who the depositor was?
14 A. I don't recall right now.
15 Q. Have you ever known who the depositor was?
16 A. No.
17 Q. Did you ever look at any of the addendums to the
18 trust?
19 A. No.
20 Q. Did you ever have an opportunity to look at the
21 exhibit to the trust which lists each and every loan
22 contained in the trust?
23 A. No.
24 Q. Do you know what the open and close date are of
25 the trust?

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1 A. No.
2 Q. Do you know what section two of the trust deals
3 with?
4 A. No.
5 Q. Section three?
6 A. Not specifically.
7 Q. Do you know if GMAC is listed as the servicer of
8 the trust?
9 A. We are.
10 Q. You're specifically listed within the trust?
11 That's your understanding?
12 A. I didn't say that.
13 Q. Do you know who is listed as the servicer of the
14 trust?
15 A. Well, I think my statement was I'm -- we're the
16 sub-servicer for this mortgage --
17 Q. I understand that.
18 A. -- that we have.
19 Q. I'm sorry. I didn't mean to interrupt you.
20 A. I'm sorry. Continue. I'm sorry.
21 Q. Do you know who the servicer is listed on the
22 trust?
23 A. No.
24 Q. Do you know what relationship GMAC has to the
25 trust, whether it's the master servicer, the

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1 sub-servicer or the special servicer?

2 A. We should be the sub-servicer.
3 Q. Are you specifically listed in the trust?
4 A. I'm not sure.
5 Q. What documents are you relying upon for your
6 claim that GMAC is the servicer?
7 A. The original promissory note.
8 Q. Anything else?
9 A. No other document.
10 MR. KORTE: I'm going to mark this as 2.
11 (Defendant's Exhibit No. 2 marked for identification.)
12 BY MR. KORTE:
13 Q. I hand you -- it's the notice of filing the
14 original note. Can you do me a favor and review that
15 document and the note and tell me where it says GMAC is
16 supposed to be the servicer?
17 A. I don't see that language.
18 Q. Well, I'd like you to keep Exhibit 2 handy. And
19 take a look at the note itself. Can you tell me who the
20 original maker of this note was?
21 A. Homecomings Financial Network, Incorporated.
22 Q. Can you tell me how the Plaintiff came into
23 possession of this note?
24 A. It appears that interest in the loan was
25 transferred to the trustee at least based on the

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1 endorsements on the note.

2 Q. Well, do you know when the original note was
3 physically transferred to the Plaintiff?
4 A. No.
5 Q. Are you aware that there is a lost-note component
6 to the complaint filed in this action?
7 A. I don't think there is one.
8 Q. Then you shouldn't be aware of it. Okay.
9 So do you know if this note was ever misplaced or
10 lost?
11 A. I'm not sure.
12 Q. Do you know when the endorsements contained on
13 the note in Exhibit --
14 A. I think it's 2.
15 Q. -- 2 were placed there?
16 A. No.
17 Q. Do you see where it says, without resource, pay
18 to the order of Residential Funding Corporation on the
19 last page of Exhibit 2?
20 A. Yes.
21 Q. What I'm asking is: Do you know whether or not
22 the part that reads Residential Funding Corporation was
23 made at the time of the endorsement or was affixed
24 thereafter?
25 A. I wouldn't be able to determine that.

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1 Q. Would you agree with me it doesn't look like it's

2 part of the same stamp that was done by Homecomings
3 Financial? It seems to be at an angle and a different
4 text.
5 A. It seems to be more bold than the other wording.
6 Q. As we sit here today, is there any way to
7 determine whether this was an endorsement in blank and
8 was later made specific or if it was a specific
9 endorsement made at the time?
10 A. I'm not sure if I'd be able to determine that.
11 Q. Do you know if Residential Funding ever took
12 possession of this note?
13 A. I'm not sure.
14 Q. As to the second endorsement contained on this
15 note, the one to U.S. Bank National Association as
16 Trustee, do you see that endorsement?
17 A. Yes.
18 Q. Do you know what date that was affixed?
19 A. No.
20 Q. Do you know specifically who that endorsement is
21 to?
22 A. The entity U.S. Bank National Association as
23 Trustee.
24 Q. But for which trust?
25 A. The specific information isn't contained on the

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1 endorsement or within that endorsement.

2 Q. By looking at this original note copy, is there
3 any way to determine whether or not there are other
4 endorsements contained on the back of the note that
5 aren't produced here?
6 A. I don't believe so from the copy.
7 Q. There's no way to determine the order in which
8 these endorsements were placed, is there?
9 A. I don't believe so.
10 Q. Have you had an opportunity to see the original
11 note?
12 A. No.
13 Q. Do you have any indication on your system whether
14 or not these are blue-ink copies, or are they just
15 stamps?
16 A. I don't know.
17 Q. Do you know if the mortgage in this particular
18 case was ever sent to you -- to U.S. Bank, ever
19 assigned?
20 A. Specifically, right now, I do not know.
21 Q. In review of your system, do you have any
22 recollection of ever seeing an assignment of mortgage?
23 A. I don't recall one.
24 MR. KORTE: Go on break for a moment.
25 (Recess.)

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1 (Defendant's Exhibit No. 5 marked for identification.)

2 BY MR. KORTE:
3 Q. Let me hand you what has been mark as Defendant's
4 5. Have you ever seen that document before?
5 A. It looks very familiar. I don't specifically
6 remember whether I looked at it.
7 Q. Will you do me a favor and tell me what the date
8 of the assignment is.
9 A. January 11, 2010.
10 Q. When was this loan boarded to your system?
11 A. December 23, 2005.
12 Q. Do you know why there was a delay in the
13 execution of an assignment of mortgage?
14 A. Not specifically.
15 Q. Who is that assignment of mortgage from?
16 A. MERS.
17 Q. As nominee for?
18 A. Homecomings Financial Network.
19 Q. I think you testified earlier -- maybe I'm wrong.
20 Tell me if I am -- that the note was taken from
21 Residential, Residential Funding.
22 A. Taken from -- I --
23 Q. From whom did the trust take assignment?
24 A. Well, ultimately, the loan or the interest in the
25 loan would have been transferred to the trust.

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1 Q. From whom did they get it?

2 A. I believe it went from Homecomings to Residential
3 Funding to trust.
4 Q. From whom is the assignment of mortgage made?
5 A. MERS.
6 Q. As nominee for?
7 A. Homecomings Financial.
8 Q. I think you testified a moment ago that the note
9 came from Residential Funding to the trust, correct?
10 A. At this point, I'm not specifically sure how the
11 loan -- or the interest in the loan ultimately reached
12 the trustee.
13 Q. You're the person with the most knowledge of the
14 assignment and of the trust. So how did it get there?
15 A. From MERS.
16 Q. The note and the mortgage got to the trust
17 through MERS. Is that your testimony, sir?
18 A. Well, I -- I don't think I have specifics on the
19 details on how it was transferred from -- or to the
20 trust.
21 Q. Who would have more knowledge than you about
22 that?
23 A. I do not know.
24 Q. You don't know how it got from the original maker
25 to the trust?

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1 A. I didn't participate in the transaction, so I'm

2 at a disadvantage there.
3 Q. Let's talk for a moment about damages in this
4 particular case. How did you calculate the principle
5 amount due?
6 A. There is a location on our mortgage serve
7 application that contains the principle amount.
8 Q. What does that do for us as far as the
9 calculation of damages of the principle amount?
10 A. From that location on our mortgage serve
11 application, you're able to see that the principle is
12 one hundred nineteen thousand four hundred and two
13 dollars and sixteen cents.
14 Q. Where does that number come from?
15 A. Ultimately?
16 Q. Yes.
17 A. From the -- from the originator or prior servicer
18 if that's not us.
19 Q. In this case, where did it come from?
20 A. I believe it was Homecomings Financial.
21 Q. What was done with the information upon receipt
22 of it?
23 A. It would have been entered into our system,
24 mortgage serve system.
25 Q. Anything else?

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1 A. The originals would have been sent to the

2 custodian. That's all I can recall.
3 Q. From those original boarded numbers, all of the
4 calculations would flow?
5 A. Yes.
6 Q. When you calculate the interest amount, is that
7 taken from the note directly; or is that taken from
8 prior boarded information?
9 A. I'm not sure which -- I'm not sure which one they
10 use, actually.
11 Q. In this case, how did you calculate the interest
12 that was due?
13 A. There is a per diem of twenty-one dollars and
14 twenty-six cents due from the date of default.
15 Q. How was the per diem calculated?
16 A. Unpaid principle balance times the interest rate
17 divided into three hundred and sixty-five days.
18 Q. Is this a fixed-rate note?
19 A. Yes.
20 Q. Going back to Exhibit 5, do you know of any entry
21 or document reflecting GMAC contacting MERS requesting a
22 mortgage assignment to be issued?
23 A. I don't recall seeing that information.
24 Q. Do you know if that was done?
25 A. I don't know.

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1 Q. Do you know why Homecomings would have caused an

2 assignment of mortgage to be issued to the Plaintiff?
3 A. I'm not, specifically.
4 Q. Do you know if Homecomings was still in business
5 at the time this assignment was made?
6 A. It's my understanding Homecomings Financial was
7 essentially not functioning on January 11th of 2010.
8 Q. Do you know how Homecomings caused an assignment
9 of mortgage to be issued to the Plaintiff if they
10 weren't functioning on the day of the assignment?
11 A. Not specifically.
12 Q. Do you see who signed this assignment of
13 mortgage?
14 A. Yes.
15 Q. Can you tell me who signed it?
16 A. Jeffrey Stephan and -- I think it's Jeffrey
17 Stephan.
18 Q. Is Jeffrey Stephan on employee of GMAC?
19 A. Yes.
20 Q. Is he a vice president of GMAC?
21 A. Not to my knowledge.
22 Q. In what capacity did he sign this assignment of
23 mortgage, if you can tell?
24 A. The wording on the assignment is listed as
25 Jeffrey Stephan, Vice President.

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1 Q. In what capacity is he assigning? For what

2 business is he assigning, if you know?
3 A. I believe he's signing on behalf of MERS.
4 Q. Do you have any knowledge if Mr. Stephan works
5 for MERS?
6 A. I don't have any knowledge that he does work for
7 MERS.
8 Q. Do you have any knowledge that he doesn't?
9 A. Not necessarily.
10 Q. Sir, in your capacity, in your employment with
11 GMAC, would it be fair to say that you do not work in
12 the servicing arm; but you, in fact, work in the
13 litigation arm?
14 A. There are -- generally, they're all under the
15 same umbrella.
16 Q. Do you post payments every day in your business?
17 A. No, I do not.
18 Q. Do you process escrow requests?
19 A. No.
20 Q. Would it be fair to say that your involvement in
21 this particular note arose at the time of the
22 litigation?
23 A. Yes.
24 Q. When did you first become involved in this
25 litigation?

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1 A. About a month ago.

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

2
3 (E) ANY CHANGES IN THE FORM OR SUBSTANCE WHICH THE
4 WITNESS DESIRES TO MAKE SHALL BE ENTERED UPON THE
5 DEPOSITION BY THE OFFICER WITH A STATEMENT OF THE
6 REASONS GIVEN BY THE WITNESS FOR MAKING THEM.
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8 PAGE LINE CHANGE REASON
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