04-09-27 Samaan v Zernik (SC087400) Nivie Samaan's Fraudulent Uniform Residential Loan Applications (1003) Pertaining to Property at 320 South Peck Drive, Beverly Hills, and Their Fraudulent Underwriting by Countrywide Home Loans, Inc s

Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 1 of 50
PLEASE TAKE NOTICE of the following document, previously filed in LASe in
DATE: APRIL 15,2008
TO ALL PARTIES AND THEIR COUNSELS OF RECORD:
c;;
,"
c:;)
r
f1
, c.
c..P
NOTICE OF SAMAAN'S FRAUDULENT
LOAN APPLICATIONS, THE mSTORY
OF THEIR UNDERWRITING BY

CLAIMS MADE REGARDING SUCH
UNDERWRITING BY COUNTRYWIDE
AND BY SAMAAN.
FILED IN U.S. DISTRICT COURT IN
SUPPORT OF PLAINTIFF REQUEST TO
CONTINUE, ALTERNATIVELY TO
CONSOLIDATE HEARINGS
No. CV-08-01550-VAP-C
HON Co WOEHRLE JUD E "'"'j
•......... ,.
. \ =;;
NOTICE OF
FILED LASC: . =l
i
Plaintiff
UNITED STATES DISTRICT COURT ,::;
CENTRAL DISTRICT OF CALIFORNIA: -<
{,
Joseph Z.tnik
)J . ON: cn=Jollph Zem!k.
) •

2008.64.1 5
12;32;44-oTOO'
JOSEPH ZERNIK
JI:
JACQUELINE CONNOR ET AL
Defendants
1 Joseph Zemik
2 2415 Saint George St.
Los Angeles, CA 90027
3 Tel: (310) 4359107
4 Fax:(801)9980917
[email protected]
5 Plaintiff
6 in pro per
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28 Samaan v Zernik (SC087400) -
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NOTICE OF SAMAAN'S FRAUDULENT LOAN APPLICATIONS & UNDERWRITING BY COUNTRYWIDE.
Digitally signed by
Joseph Zernik
DN: cn=Joseph
Zernik,
email=jz12345@ear
thlink.net, c=US
Date: 2008.11.10
08:13:07 -08'00'
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 2 of 50
2
4
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NOTICE OF SAMAAN'S FRAUDULENT LOAN APPLICATIONS, THE
HISTORY OF THEIR UNDERWRITING BY COUNTRYWIDE, AND
FRAUDULENT CLAIMS MADE REGARDING SUCH UNDERWRITING BY
COUNTRYWIDE AND BY SAMAAN.
This document is filed in United States Court, Los Angeles in support of Plaintiffs ex parte
application to continue hearings on Motions to Dismiss, alternatively - to consolidate hearings.
5
Dated: Apri114
th
, 2008
6
7 Respectfully submitted.
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JOSEPH ZERNIK
Plaintiff
in proper
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STATEMENT OF VERIFICATION OF NOTICE OF SAMAAN'S FRAUDULENT
LOAN APPLICATIONS, THEIR UNDERWRITING, AND FRUADULENT CLAIMS
BY SAMAAN AND COUNTRYWIDE REGARDING SAID UNDERWRITING.
I, Joseph Zernik, am Defendant & Cross Complainant in Samaan v Zernik
(SC087400) matter heard in Los Angeles Superior Court, West District, I am also Appellant
15
in Zernik v Los Angeles Superior Court: (B203063), and also Plaintiff in Zernik v Connor et
16 al (CV 08-01550) matter heard in the United S ~ t e s District Court, Los Angeles, California.
I have read the foregoing NOTICE OF SAMAAN'S FRAUDULENT LOAN
18 APPLICATIONS, THEIR UNDERWRITING BY COUNTRYWIDE, AND
19 FRAUDULENT CLAIMS RE: SAID UNDERWRITING and I know the content
thereof to be true and correct. It is correct based on my own personal knowledge as
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Defendant in pro per in said case. I make this declaration that the foregoing is true and
correct under penalty of perjury pursuant to the laws of California and the United States.
Executed here in Los Angeles, County of Los Angeles, California, on this 14
th
day in
23 April, 2008.
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) . ~ ,---4.
Joseph Zernik' '1L.-··..·:"
Plaintiff lv'
in pro per \../
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NOTICE OF SAMAAN'S FRAUDULENT LOAN APPLICATIONS & UNDERWRITING BY COUNTRYWIDE.
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 3 of 50
Joseph Zernik
in proper
2 2415 Saint George St
Los Angeles, California 90027
3 Tel: 310-435-9107
Fax: 801-998-0917
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
11 NIVIE SAMAAN, an individual,
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v.
Plaintiff,
Case No. SC087400
No Valid Assignment On File Since Sept 10,
20071
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JOSEPH ZERNIK, an individual,
14 JOSEPH ZERNIK, an individual, and DOES 1
15 through 20, inclusive,
20 COLDWELL BANKER RESIDENTIAL
21 BROKERAGE; MICHAEL LIBOW, an
individual,
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v.
Defendants.
Cross-Complainant,
NOTICE OF PLAINTIFF SAMAAN'S
FRAUDULENT
SEPT 27, 2004 LOAN APPLICATIONS
SUBMITTED TO COUNTRYWIDE,
THEIR UNDERWRITING PROCESS,
THEIR SUSPENSION,
DENIAL OF THEIR FUNDING.
&
FRAUDULENT REPRESENTATIONS
TO THE CONTRARY
MADE IN COURT BY
SAMAAN & COUNTRYWIDE.
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Cross-Defendants.
DATE: Feb 29, 2008
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 4 of 50
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TABLE OF CONTENT
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of Contents
. Fraudulent Inducement by Samaan & Parks against Zernik ...
Fraud and Deceit by Samaan against Zernik RE: Underwriting of Loan
tions (1003)
'" , .
Bank Fraud by Samaan against Countrywide and against Zernik .
Wire Fraud by Samaan against Zernik and against Countrywide .
Fraudulent Claims by Samaan & Countrywide against Zernik .
Statute of Frauds Fraud by Samaan & Countrywide against Zernik
ce of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
NTRODUCTION ..............•.............
BRIEF HISTORY OF SAMAAN'S LOAN APPLICATIONS, THEIR
UNDERWRITING BY COUNTRYWIDE, AND FALSE CLAIMS MADE
N THIS REGARD BY SAMAAN & COUNTRYWIDE.........
5
. Chronological table of Samaan/Countrywide's fraudulent claim... ... ... .... 11
POINTS AND AUTHORITIES
- Sept 27,2004 _pf Lien Loan Application
Sept 27,2004 _zst Lien Loan Application
-San Rafael "Conversation Log" blankform.
Nov 3-6, 2006 Correspondence McLaurin! Lloyd!Keshavarzi
Oct 4, 2004 Broker Certification and Origination Agreement.
Oct 6, 2004 -Reverse Yellow Pages Lookup
- Phase 1 Quality Assurance Documents:
ct 13,2004 Quality Verification and Documentation Questionnaire
EXHIBITS
DECLARATION OF JOSEPH ZERNIK
Cover
Table
I. I
II.
I
Table 1
III.
Table 2
Table 3.
Applica
Table 4.
Table 5.
Table 6.
Table 7.
IV.
V.
ExhA
ExhB-
ExhC
ExhD-
ExhE-
ExhF-
ExhG
1. 0
Noti
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Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 5 of 50
11
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2. Oct 13,2004 Compliance Verification Forms
2 3. Oct 13,2004 Unsigned Countrywide Home Loans Disclosures.
3 Exh H - Oct 14,2004 Clues Report (Computerized Underwriting Expert System) 82
4 Exh I - Oct 14,2004 pi Lien Underwriting Letter
91
5 Exh J - Oct 25, 2004 McLaurin's Exception Request, Branch Input
'" 93
6 Exh K - October 25, 2004 Ortin's Email Note RE: Exception Request
97
7 Exh L - October 25, 2004 McLaurin/Ortin's Appraisal Review Order
99
8 Exh M - Oct 26, 2004 Underwriting Letter, unsigned, "not part ofloan file" 101
9 Exh N- October 29,2004 Gadi's Exception Report
104
10 Exh 0 - Oct 29,2004 Underwriting Letter
108
Exh P - Nov 3,2004Appraisal ReviewReport
111
12Exh Q-Nov 3,2004 Underwriting Letter
114
Exh R- Jan 27, 2005 -Countrywide Bank's Denial Letter
117
Exh Q - July 2006, Samaan's Deposition .
119
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Exh S - Oct 27,2006, Parks' Court Declaration
149
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Exh T - Sept 7, 2006 Samaan 's Prequalification Letter
157
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 6 of 50
TO ALL PARTIES AND THEIR COUNSELS OF RECORD:
2 PLEASE TAKE NOTICE:
3 Enclosed are copies of Sarnaan's fraudulent loan applications (Exh A - First Lien Loan
4 Application, Exh B- Second Lien Loan Application) dated Sept 27, 2004, which were
5 submitted in 2004 to Countrywide, and other Countrywide underwriting documents
6 substantiating extensive fraud in the litigation of Sarnaan v Zemik (SC087400) at the Los
7 Angeles Superior Court.
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9
I. INTRODUCTION
10 Defendant & Cross-Complainant Zemik is filing this notice, and filed previous
11 notices in Samaan v Zemik for ease of reference relative to fraud by Countrywide and others
12 in Samaan v Zemik:
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a. Feb 27, 2008 Notice ofSamaan-Countrywide fraudulent Loan Applications
14
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b. Nov 15,2007 Notice offraudulent Real Property Purchase Contract document
16 c. Dec 19, 2007Notice ofafraudulent Underwriting Letter.
17 A three additional documents are yet to be completed to allow full review ofthe
18 extent offraud in litigation ofSamaan v Zernik:
19
d. Fraudulent Verified Statements in Samaan v Zernik
2004
Government.
f. False Claims by Countrywide against the U.S. Government and the California
e. Fraudulent Inducement perpetrated by Samaan & Parks against Zernik in Sept
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26 The frauds documented in the current filing include, but are not limited to:
27 1. Extensive fraud by Sarnaan against the U.S. Government in completing such loan
28 applications, where most of the critical information (employment, income, residence,
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 7 of 50
place of employment) were false and deliberately misleading.
2 2. Extensive fraud by Countrywide Legal Department - Todd Boock & Sanford Shatz,
3 Countrywide Custodian of Records - Mariela Garcia, Countrywide Branch Manager _
4 Maria McLaurin, Countrywide Chief Legal Counsel - Sandor Samuels, Countrywide
5 President and CEO - Angelo Mozilo, Nivie Samaan, Mohammad Keshavarzi
6 (Sheppard Mullin), and others against Zernik, against the Court, and the People of
7 California and the United States in Samaan v Zernik.
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II. BRIEF HISTORY OF SAMAAN'S LOAN APPLICATIONS AND THEIR
UNDERWRITING BY COUNTRYWIDE, AND FALSE CLAIMS MADE IN
THIS REGARD BY SAMAAN & COUNTRYWIDE.
The main elements of such frauds were as follows:
I. Nivie Samaan, with full support through fraudulent verified statements by Maria
McLaurin (Countrywide Wholesale Branch Manager, San Rafael, California), Victor
Parks (Loan Broker, PMC), and Att. Mohammad Keshavarzi (Sheppard Mullin et at)
made fraudulent claims based on false representation of the underwriting history of
such loan applications at Countrywide San Rafael.
2. The Legal Department of Countrywide, (Att Sanford Shatz and Att. Todd Boock -
who claimed religious observance of the Jewish holiday of Passover to avoid being
called for a motion to compel regarding their fraudulent subpoena productions) re-
engineered the underwriting history of Samaan' s loan applications at Countrywide in
their fraudulent subpoena productions from August 2006 through April 2007,
included in the subpoena's numerous fraudulent documents, refused to provide email
correspondence related to the applications and various reports related to the
applications, claiming that such did not exist.
3. Two Countrywide top officers were fully aware of the fraud since early 2007:
a. Sandor Samuels, Board Chair of "House of Justice" - Bet Tzedek - a prominent
Jewish Charity, and member of the board of numerous other Jewish organizations in
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Undenvriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 8 of 50
Los Angeles, old friend of Judge Allan Goodman, and old acquaintance of Judge
2 Terry Friedman, and Chief Legal Counsel of Countrywide,
3 and
4 b. Angelo Mozilo, President and CEO of Countrywide
5 Both failed to stop the ongoing fraud in the courtroom, and refused to authenticate or
6 repudiate key fraudulent Countrywide documents in Samaan v Zernik for about a
7 year.
8
9 Fraudulent claims relative to Samaan's loan applications include, but were not limited
10 to the following:
11 1. That the fraudulent Sept 27,2004 Samaan's Unifonn Residential Loan Applications
12 (l003) (Exh A, B) were the outcome of a phone interview by licensed loan broker
13 Victor Parks, and Victor Parks signed the statement to that effect on the Unifonn
14 Residential Loan Applications (1003) on Sept 27, 2004 (both 1sl and 2
nd
Lien Loan
15 Application, Exh A and B, respectively).
16 • In fact, Samaan stated in her deposition in 2006 (Exh L) that Parks had never been
17 involved in the preparation of her loan applications, and that she had never even
18 talked with him abont the loan applications at that time, that the loan applications
19 had been prepared by her and her husband, JRLloyd (Parks first cousin and
20 business associate).
21 • In fact, Parks signature on the loan applications bears no resemblance to Parks
22 signatures in court declarations (Exh R).
23 2. That the fraudulent Sept 27,2004 Samaan's Uniform Residential Loan Applications
24 (l003) (Exh A, B) were valid performance of the contractual duty of Samaan to "act
25 honestly and diligently to obtain designated loan".
26 • In fact, the loan applications were replete with false and deliberately misleading
27 data regarding Samaan's employment, income, residence, and place of employment.
28 • In fact Samaan refused to list proper loan fees in the 1
st
lien oan application (0.75%
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwrifmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 9 of 50
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amounting to more than $10,000), and would therefore never sign loan disclosures
either.
• In fact, after suspension on October 14, 2007 Samaan failed to notice Zeruik of the
suspension.
• In fact, after the suspension on October 14, 2007 Samaan failed to address the
conditions listed in the suspension notice in a timely manner.
• In fact - throughout the period of Sept- Nov 2004, Samaan never filed valid loan
applications with Countrywide, let alone any other lender.
3. That Samaan's sole employment in the 4 years preceding the signing of the loan
applications was as President and Sole Owner of Spellbound Inc (the Supernatural
Superstore - selling Tarot cards, crystal balls, anointment oils, divining objects and
other retail goods for followers of the psychic and the occult). That Samaan's income
from such was $400,000 per year.
• In fact, in deposition in 2006 (Exh 0), Samaan stated that she was employed during
that period as a cosmetics saleswoman in a department store.
4. That Samaan was a single woman at the time she signed the applications (Sep 27,
2004).
• In fact, in deposition in 2006 (Exh 0) Samaan stated that she was married to JR
Lloyd at that time, and the Lloyd, unlicensed, and a spouse, was the one who
prepared the fraudulent loan applications.
5. That Samaan's loan applications conformed with the loans designated in the Purchase
Agreement
• In fact, the loan applications violated the terms of the designated loans, seeking to
minimize Samaan's down payment beyond that which was allowed in the Purchase
Contract
6. That Samaan's Loan Applications (l003) demonstrated that she was indeed qualified
in 2004 to purchase the Zernik property
• In fact, Samaan's loan applications demonstrate that she was not qualified at all to
-7-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 10 of 50
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purchase the property.
7. Samaan's Loan applications (l003) demonstrate that she had sufficient funds to close
the escrow on the designated loans.
• In fact, Samaan's loan applications demonstrate that she did not have sufficient
funds owned by her, and by her alone, as required by lenders, to close the escrow.
8. Samaan's Loan Applications were first submitted to Countrywide on October 12,
2004: In fact, the loan applications were first submitted in the first week of October
2004.
• In fact, the loan applications bear two "Date Received" stamps from San Rafael
Countrywide's Home Loans Branch. The earlier one, from October as well, is
. defaced. The later is dated. October 12, 2004 (Exh A, Exh B).
• In fact, loan documents produced by Countrywide show that fraudulent
employment data in Samaan's loan applications was uncovered by the duly assigned
underwriter - Diane Frazier - already on October 6, 2004 (that is prior to the
purported date of receipt per Countrywide and Samaan), based on reverse lookup
of Samaan's fraudulent work phone number (Exh C).
9. Samaan's loan applications were suspended on October 14,2004, only at Zemik's
fault.
• In fact, suspension notice was issued primarily for the following reasons:
a. False work phone - traced back to Samaan's residence (Condition #1, Exh
D- Oct 14,2004 Underwriting Letter)
b. Failure to include any fees to Countrywide in the stated closing costs
(Condition #2, Exh D- Oct 14, 2004 Underwriting Letter) amounting to
violation of Countrywide's program rules (Exh E - Oct 14, 2004 Clues
Report).
c. Failure to sign Loan Disclosures within 3 days, as mandated by California
law (Exh F - Oct 14,2004 Hand written underwriting forms)
10. That SamaanlParks were notified that the loan applications were approved on October
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Notice of SalOaan's Fraudulent Loan A{JplicatioDS and Fraudulent Representations
Regarding their UnderwritlDg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 11 of 50
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18,2004.
• In fact, Samaan entered as evidence the Oct 14,2004 Underwriting Letter showing
the suspension of her loans on that date (Exh D).
• In fact, Samaan also claimed in a contradictory statement that the loan applications
were approved only late in the day on October 25, 2004.
• In fact, Samaan entered as evidence yet another contradictory document - a
purported Oct 26, 2004 Underwriting Letter showing the loans as still suspended on
October 26, 2004 (Exh J).
• In fact, Samaan never produced any document to substantiate the false statement
that her loan applications were approved on October 18, 2004.
• In fact, this statement is contradicted by the preponderance of statements and
documentary evidence entered by Samaan.
II. That Samaan's loan applications were approved by Countrywide on October 25,2004
following the facsimile transmission on October 25, 2004, at 5:03pm of a Real
Property Purchase Contract by ViCtor Parks from the State of Washington to
Countrywide San Rafael in the State of California (to a financial institution, and
across state lines).
• In fact, the October 25, 2004 facsimile transmission was part of an elaborate
wire/fax fraud by Samaan, Lloyd, Parks, and a Countrywide insider (McLaurin?).
The facsimile transmission of the purchase contract document on October 25, 2004,
at 5:03pm was in fact from Samaan in Los Angeles, to her husband, Lloyd, also in
Los Angeles, and there is no way to know when it arrived in Countrywide, San
Rafael (see under separate cover - Notice of a fraudulent Countrywide document -
Purchase Contract).
• In fact, on October 25, 2004, Maria McLaurin filed a fraudulent request for
approval exception for Samaan's loans with Demetrio Gadi (Division Underwriting
Support) (Exh H), and Gadi responded with a conditional approval only on October
29, 2004 (Exh K - Gadi's to Exception Request).
-9-
Notice of Samaan's Fraudulent Loan Allplications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 12 of 50
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• In fact, on October 25, 2004, Maria McLaurin filed a request for appraisal review,
and results of such arrived only on Nov 2, 2004 (Exh M- Nov 2, 2004 Appraisal
Report).
• In fact, Samaan never entered any documentary evidence from the underwriting
period in 2004 to support this fraudulent claim.
12. That Samaan's Loan Applications (1003) were ready to be funded by November 1,
2004, closing date.
• In fact, the Nov 3,2004 Underwriting Letter (Exh M) still lists 'unmet conditions-
including but not limited to
a. Parks' Broker's Certification of Document, which in fact was never supplied
even later (Exh M- Nov 3, 2004 Underwriting Letter).
b. Samaan's mother certification of ownership of funds in the join account,
which in fact was never supplied at all.
• In fact, Samaan never entered any documentary evidence from underwriting in
2004 to support this fraudulent claim.
• In fact, Samaan's loan application (2
nd
Lien) was presented for funding by
Countrywide Bank on Jan 27, 2005, and was summarily denied! (Exh N)
13. That Samaan was ready, willing, and able to close escrow in compliance with the Real
Property Purchase Agreement on Nov 1,2008.
• In fact, the loan applications (1003) and Countrywide's Underwriting documents
demonstrate that Samaan was never ready, never willing, never able to close escrow,
neither by Nov 1, 2004, nor by Nov 3, 2004, or for that matter- not even by Jan 27, 2005.
//1
/II
/II
/II
/II
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 13 of 50
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TABLE #1 CHRONOLOGICAL TABLE OF SAMAAN/COUNTRYWIDE'S
FRAUDULENT CLAIMS VS THE TRUE FACTS REGARDING UNDERWRITING OF
SAMAAN'S FRAUDULENT LOAN APPLICATIONS (1003)
SAMAAN/COUNTRYWIDE'S
TRUE FACTS IN TIllS MATTER
FRAUDULENT CLAIMS
Sept 27, 2004
Sept 27, 2004
• Parks never participated in the applications
•
Loan Applications (1003): prepared by
preparation (Samaan Deposition, 2006)
Parks, signed by Samaan & Parks
•
Parks never signed the applications, the
signature is not his
•
Samaan and her husband, Lloyd, unlicensed
and a spouse prepared the applications
(Samaan Deposition, 2006)
October 1-6, 2004 Oct 1-6, 2004
•
The applications never arrived yet at
•
The applications arrived at Countrywide first
Countrywide. time in the first week of October, and "Date
•
No explanation whatsoever for the Receivetf' stamp placed on them, later - this
defaced "Date Receivetf' stamps. stamp was defaced with black ink.
•
No explanation whatsoever for the Oct 6,
•
By October 6, 2004, Senior Underwriter
2004 reverse yellow pages lookup
Frazier discovered the fraudulent
employment data based on reverse yellow
pages look up of the work phone #.
Oct 1-12, 2004 Oct 1-12, 2004 :
0 N 0 underwriting documents were ever There must have a series of standard
produced by Countrywide, since the loan underwriting documents of phase I and
applications never arrived yet. receipt and data entry at San Rafael, and at
least one Underwriting Letter issued by
Countrywide San Rafael.
•
All evidence of underwriting prior to Oct 14,
2004 was systematically destroyed, the only
remaining evidence is:
0 The inexplicable double "Date
Received" Stamps
0 The Oct 6, 2004 yellow pages reverse
look up.
October 12, 2004 October 12, 2004
•
Samaan's loan applications arrived at
•
Samaan's loan applications were stamped
Countrywide San Rafael for the first time. "Date Received" and scanned at San Rafael
for the second time.
October 14, 2004 October 14, 2004
0 Samaan's applications were suspended
•
Samaan's applications were suspended
primarily because of missing primarily because of:
initials/signature of Zemik' s on the Sept 0 False employment data
15, 2004 Purchase Contract 0 Failure to state loan fees >$10,000
-11-
Notice of Samaan's and Fraudulent
RegardlDg theIr Underwnting by Samaan & CountrywIde
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 14 of 50
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• Such suspension was noticed on October 0 Refusal to provide new, valid loan
14,2004, or in mid-October, 2004, by an
applications, and re-submitting the
Underwriting Letter, unsigned, and time
same false applications a second time
stamped twice Oct 26,2004. on Oct 12,2004.
• Samaan loan applications could not possibly
be suspended because of missing Zemik's
initials on the Sept 15,2004 Purchase
Contract, since Samaan never submitted any
copy of that Sept 15,2004 Purchase Contract
to Countrywide until Oct 22, 2004!
•
The unsigned and time stamped Oct 26, 2004
Underwriting Letter could never be received
by SamaanlParks on October 14,2004 or
mid-October 2004, it was not generated yet.
•
The suspension was notice by a genuine Oct
14,2004 Underwriting Letter, hand-signed
by Senior Underwriter Frazier, and allowing
Samaan 10 days to correct the deficiencies in
her applications.
October 14-18, 2004
October 14-18, 2004
•
SamaanlParks repeatedly inform
•
Samaan's loan applications were suspended,
Libow/Zemik that the applications are on but she never disclosed that fact to Zemik,
the verge of being approved, and provide neither did she try to address the deficiencies
no explanation for the delay.
that led to the suspension in the frrst place.
October 18, 2004 NOTICE TO BUYER October 18,2004 NOTICE TO BUYER
•
Samaan informs Zemik that the she was
•
There is no documentary or other evidence
re-assured verbally by Countrywide that from Countrywide that Samaan's loan
loan applications were approved, therefore applications were approved on Oct 18,2004.
she removes the loan contingency, but
•
Samaan had done nothing to address the
refuses to remove the appraisal deficiencies, and the loans were still
contingency regardless of the fact that she suspended.
already had an appraisal at sales price.
October 18, 2004
October 18, 2004
•
NO COMMENT AT ALL •
LmOWAND ZERNIKDISCOVER THE
WIRE SCHEME, WHEREBY SAMAAN
WAS COMMUNICATING WITH
-
LmOW/ZERNIK AND COUNTRYWIDE
AS IF SHE WERE PARKS. LmOW
ASKS PARKS BY EMAIL 3 DAYS IN A
ROWTO PROVIDE EXPLANATION.
October 22, 2004
October 22, 2004
•
Parks received AMbv fax from Mara
•
Samaan/ParkslLloyd/Countrywide were
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Notice of Samaan's Fraudulent Loan A&plications and Fraudulent Representations
Regarding their Underwri 109 by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 15 of 50
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Escrow a copy of the Sept 15,2004
engaged in wire/fax scheme.
Purchase Contract, and immediately faxed
• Parks never received and never sent any of
it to Countrywide. Albeit, this copy was
the faxes he falsely claims to have received
missing Zernik's initials on the original
or faxed. None of these fax transmissions
offer and was unacceptable to
was ever authenticated.
Countrywide.
•
Samaan AM faxed to Countrywide for the
• Parks received a second copy ofthe
first time ever a copy of the Sept 15,2004
Purchase Contract by fax from Mara
Purchase Contract, but it was a copy missing
Escrow, sometime in the afternoon. And
a critical authentication: Samaan's initials on
immediately faxed it to Countrywide.
the 2
nd
Counter Offer, for Acknowledgment
ofAcceptance.
• Samaan never mentions this deficient copy
transmission, ignores its existence altogether.
•
Samaan received AM from Mara Escrow
another copy ofthe Sept 15, 2004 Purchase
Contract.
•
For some inexplicable reason, she never
faxed it to Countrvwide.
October 25, 2004 October 25, 2004
•
Samaan never produced any evidence that
•
Monday morning Samaan's appraisal
either she or Parks ever faxed the Purchase
review was immediately obtained, and her
Contract she received from Mara Escrow to
loan applications were immediately
Countrywide.
approved.
•
On Monday, at 5:03pm, Samaan faxed the
•
Monday morning, alternatively afternoon,
Purchase Contract to her husband Lloyd, and
Samaan removed the appraisal
that transmission was misrepresented as a fax
contingency.
transmission from Parks to Countrywide.
•
Monday afternoon, at 5:03 pm, Parks
•
In fact, no evidence was ever provided when,
faxed the new copyof the Purchase
if ever Samaan faxed the Purchase Contract
Contract he received from Mara Escrow,
to Countrywide.
and that somehow led to the appraisal
•
No documentary evidence or any other
review and loan approval earlier that day.
evidence from 2004 was ever produced to
demonstrate that the loan applications were
approved on Oct 25,2004.
•
Appraisal Review Order was issued by
McLaurin on Oct 25, 2004, review never yet.
•
Also on Monday, Oct 25, 2004, McLaurin
filed false Exception Request with Mr Gadi,
listing Samaan's annual income at $4m per
year, but no approval from Mr Gadi was
obtained yet.
October 26, 2004 October 26, 2004
•
Samaan's loan applications were
•
The unsigned, Oct 26, 2004 Underwriting
approved since the previous day. Letter, which Samaan misrepresented in
Court as being of Oct 14,2004, in fact shows
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 16 of 50
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that on Edge, the underwriting monitoring
system, Samaan's loan applications were far
from approval on Oct 26, 2004 - they were
still suspended.
October 29, 2004 October 29, 2004
•
Samaan's loans were purportedly
•
Samaan's loans were far from approval, as
approved and ready to be funded since
shown by the conditional Exception
Oct 25, 2004. Approval by Mr Gadi, which arrived on Oct
29, 2004, and explicitly stated it is not an
approval,
•
Also the Oct 29,2004 Underwriting Letter
shows that Samaan was still far from
Approval.
•
Gadi explicitly stated that:
0 Samaan had to produce new loan
applications listing the 0.75% loan
fee
0 A correct Clues Report had to be
produced.
0 Samaan's loan applications had to be
reviewed and approved by an
Underwriter (vs McLaurin- a Branch
ManaQ'er)
Nov 1,2004
Nov 1,2004
•
Samaan's loans were purportedly
•
Samaan's loan applications were far from
approved and ready to be funded since approval:
Oct 25,2004. •
The appraisal review never arrived yet.
•
The date stipulated in the Sept 15, 2004
•
Other critical documents were never received
Purchase Contract as Closing ofEscrow. yet.
•
According to Samaan, Parks, McLaurin,
•
Inexplicably - Samaan never filed valid loan
Samaan declarations in 2007, Samaan was applications listing the loan fees yet.
ready, willing, able to close escrow on
•
No Clues Report was produced yet.
that date.
•
No underwriter had reviewed her loan
•
According to Samaan, Parks, McLaurin applications yet, both the Oct 29, 2004 and
declarations in 2007, Samaan's loan the Nov 3, 2004 Underwriting Letter were
applications were approved and ready for signed by McLaurin and not by an
funding on that date. Underwriter, as instructed by Mr Gadi.
Nov 3,2004
Nov 3, 2004
•
Samaan's loans were purportedly
•
Samaan's loan applications were far from
approved and ready to be funded since approval.
Oct 25,2004.
•
The appraisal review finally arrived on this
date.
•
The Nov 3, 2004 Underwriting Letter shows
that critical documents were still missine::
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Notice ofSamaan's Fraudulent Loan AJ?plications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 17 of 50
• Certification of documents from Parks was
never received, with no explanation at all
•
Certification from Samaan's mother that
Samaan was allowed to use the funds in their
joint ownership account never arrived, with
no explanation at all.
Jan 27,2005
Jan 27,2005
•
Samaan's loan applications were
•
Samaan's 2
nd
lien loan application, the one
purportedly ready for funding since Oct more likely to be approved and funded, was
25,2004 presented to Countrywide Bank for funding
•
Countrywide bank immediately issued a Jan
27,2004 Denial Letter.
•
Tn March 2007 investigation by the Office of
Thrift Supervision Countrywide Bank states
that it would never have funded Samaan's
loans.
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13 /II
14 III
15 /II
16 III
17 /II
18 /II
19 III
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21 III
22 //I
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24 III
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Notice of Samaan's Fraudulent Loan AJ!plications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 18 of 50
III. POINTS AND AUTHORITIES
2
TABLE #2 FRAUDULENT INDUCEMENT BY SAMAAN & PARKS
3
AGAINST ZERNIK
4
5
6
CODE SECTION/
ELEMENTS: REFERENCES:
DEFINITION
7 FRAUDULENT (1) Mis- (1) Samaan misrepresented the per-
8
INDUCEMENT representation qualification letter and numerous
Deceit, Civil Code § 1709, other facts from September 4 to
9
1710 Zemik's Acceptance on September
1709: FRAUDULENT 15,2004.
10
DECEIT.
I1
One who willfully deceives (2) knowledge (2) Samaan knew the pre-qualification
another with intent to induce of the falsity letter was false given the fact that she
12
him to alter his position to his had never spoken with Victor Parks
13
injury or risk is liable for any and she had not submitted documents
damage which he thereby to substantiate the pre-qualification.
14 suffers. (3) intent to (3) Samaan knew, through the course
15
1710. Deceit Dermed. defraud, i.e. to of dealings with Libow, that Zemik
DECEIT WHAT. A deceit, induce reliance required a pre-qualification letter from .
16
within the meaning of the last her before he would consider her
section is either: offer. She, therefore, intended that
17
1. The suggestion, as a fact, Zemik rely on that pre-qualification
18
of that which is not true, by letter to accept her offer.
one who does not believe it to
19
be true;
20
2. The assertion, as a fact, of
(4) Justifiable (4) Zernik did not have the oPf0rtunity
that which is not true, by one
Reliance
to examine Samaan's financia
21 who has no reasonable
condition or her subsequent loan
ground for believing it to be
apRIication therefore he was justified in
22
re on what he, at that time,
true;
thoug t was an impendent pre-
23
3. The suppression of a fact, qualification.
24
by one who is bound to
disclose it, or who gives (5) Resulting (5) Zemik has been tied up in
25
information of other facts Damages
litigation for the past He
which are likely to mislead
has been unable to access e equi% in
his property or to otherwise encum er
26
for want of communication of
his property.
27
that fact; or
4. A promise, made without
28 any intention ofperforming
it.
4'"
·.Lv·
Notice of Samaan's Fraudulent Loan AJ.lplications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 19 of 50
CODE SECTION/ . ELEMEN REFERENCES:
~ ... I ~ •• n'N' TS
DECEIT, CIVIL CODE § 1709, I.Misrepresen 1. Samaan never revealed to
1710 tation, Zemik the problems she was
- of failure to properly file for concealment having with her loan application
designated loans, or non- while she continued to
- of failure to obtain designated disclosure misrepresent to Zemik that his
loans as a result of the above. loan would be anoroved
1709: FRAUDULENT 2. knowledge 2. Samaan knew her loan was not
DECEIT. of falsity being approved yet she continued
One who willfully deceives to allow Parks to represent that it
another with intent to induce him was near annroval.
to alter his position to his injury 3. intent to 3. Because Samaan knew that
or risk is liable for any damage defraud or to Zemik had the right to cancel
which he thereby suffers. induce escrow when she did not remove
reliance her loan and appraisal
1710. Deceit Defined. contingencies, she misrepresented
DECEIT WHAT. A deceit, the status of her loan and her
within the meaning of the last financial condition so as to induce
section is either: Zemik not to cancel at an earlier
1. The suggestion, as a fact, of date.
that which is not true, by one who
4. justifiable Zemik was not privy to Samaan' s
does not believe it to be true;
reliance application to get a loan from
2. The assertion, as a fact, of that Countrywide or her discussion or
which is not true, by one who has lack thereof with her loan broker,
no reasonable ground for therefore Zernik had no reason or
believing it to be true; why to question the truth behind
3. The suppression of a fact, by her representations regarding her
one who is bound to disclose it, loan status
or who gives information of other
5. resulting As a result, Zemik did not cancel
facts which are likely to mislead -
damage at an earlier date. Sine then,
for want of communication of
Samaan has concocted a new story
that fact; or
wherein she now claims that
4. A promise, made without any
Zernik did not cancel before she
intention of performing
removed her contingencies, which
is also false.
1 TABLE #3 FRAUD & DECEIT BY SAMAAN AGAINST ZERNIK RE:
2 UNDERWRITING OF LOAN APPLICATIONS (1003) BY COUNTRYWIDE
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 20 of 50
TABLE #4 BANK FRAUD BY SAMAAN AGAINST COUNTRYWIDE AND
AGAINST ZERNIK
BANK FRAUD:
(1) Whoever
(1) Samaan devised a scheme Wlder
(18 USCS § 1344).
knowingly executes,
which she would obtain a loan from
- Against Countrywide,
or attempts to
Countrywide, which she was not truly
a government-backed
execute, a scheme or
qualified to obtain, which was
lender.
artijice- (1) to
reasonably calculated to deceive
- also secondarily
defraud ajinancial
Countrywide and Zernik.
counted as FRAUD institution
against seller - since
the contract stipulated
or (2) to obtain any (2) Samaan attempted to obtain a
that "buyer shall act
ofthe moneys, funds, Government-Backed Residential Loan,
diligently and in good
credits, assets, i.e., a credit, for First Lien in the
faith to obtain
securities, or other amount of$I,343,181 and for Second
designated loans".
property owned by, Lien in the amount of$174,000.
or under the custody
or control of, a
jinancial institution,
(3) by means oJJalse The Unifonn Residential Loan
or fraudulent Application was replete with false and
pretenses, fraudulent pretenses and
representations, or representations.
promises;
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III
21
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III
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Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwrifmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 21 of 50
TABLE #5 WIRE FRAUD ACROSS STATE LINES, AGAINST AN
INDIVIDUAL (ZERNIK) AND AGAINST A FINANCIAL INSTITUTION
(COUNTRYWIDE)
(2) With the intent (2) Samaan switched back and forth
to defraud; between two identities in a deliberate
manner.
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//I
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III
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WIRE FRAUD
.(18 U.S.c. § 1343)
which provides for
enhanced
penalty of any
criminally
fraudulent activity if
it is determined that
the activity involved
electronic
communications of
any sort, at any
phase of the event. I
(l) Devise or
intend to
devise a scheme
or artifice to
defraud another
person based on a
material
representation;
(3) through the use
of interstate wire·
facilities
(4) where the
alleged victim is a
financial
institution, to
enhance
sentencing
(1) Libow's emails of October 18,19,20,
2004. Machines such as the HP Laserjet
Printer/Scanner/Copier lend themselves
easily to such manipulations, with forward
and header ID easily programmable.
3) Samaan used the phone network,
connected to Parks in the State of
Washington, and other parties in
California
(4) Countrywide one of the victims, was
an is a financial institution.
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 22 of 50
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TABLE #6 FRAUDULENT CLAIMS IN SAMAAN V ZERNIK
FRAUDULENT (l) Make a claim in litigation in
Samaan's action is based on a
CLAIMS relationship to a contract or ailed business transaction for the
(CCP § 128.7) business transaction Property at 320 South Peck Drive.
andlor malicious
prosecution (2) Knowingly misrepresent the (2) Samaan never presented the
nature of the contract or the court with an executed contract in
business transaction in filings the whole course of this litigation.
with the court The reason is that such a contract
wOlllil rp.fntp. hp.r "I"",..,,,,
(3) For the purpose of (3) Samaan requested the court to
mlsleadin& the court to issue a issue judgment based on
• .l" "I"",..,,,,
(4) in an attempt to obtain funds (4) Such erroneous judgment
or property from defendant based on claims
through such court order would have defrau ed Defendant
of his residence and much of his

/II
/II
/II
/II
III
/II
III
III
III
III
III
III
III
III
III
/II
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Notice of Samaan's Fraudulent Loan AJ!plications and Fraudulent
Regarding their Underwritmg by Samaan & CountrywIde
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 23 of 50
TABLE #7 STATUTE OF FRAUDS
STATUTE OF
(1) Contract must be in
(l) Samaan has consistently
FRAUDS.
writing and signed by party
argued that Zemik failed to initial
(Civil Code §
against whom enforcement is
and sign the "Purchase
1624) (a) "the
sought - for the sale of land.
Agreement". Further, Samaan
following
argues that Zernik's failure to
contracts are
"fully execute" the "Purchase
invalid unless
Agreement" prevented her from
they, or some note
being able to obtain a loan.
or memorandum
thereof, are in
(2) Defense by way of Statute (2) Defendant has timely raised
writing and
of Frauds was raised in a such defense.
subscribed by any timely manner by Defendant
party to be charged in Demurrer.
or by the party's
agent: (3) an
(3) Close to 2 years later, (3) But Samaan has never
agreement for the
Plaintiff still has not presented provided to the court any fully
sale of real the court with the relevant signed writing purported to
property.
writing. document the sale of the property
in writing.
Neither has she indicated that such
document is available, nor has she
produced such document in
response to. subpoena, nor
acknowledged its existence in
subpoena production of
Countrywide. Therefore, Samaan
cannot satisfy the Statute of
Frauds.
(4) In fact, in view of
Plaintiff's claims that the
contract was not "fully
executed", and as in the case
of Riley v. Capital Airlines,
Inc., the court mayfind this a
case ofpart performance
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27 /II
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 24 of 50
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Dated: Feb 29, 2008
Submitted by:
JOSEPH ZERNIK
) ~ . ~
. ...
JOSEPH ZERNIK
Defendant and Cross Complainant
in pro per
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 25 of 50
1
IV. DECLARATION OF JOSEPH ZERNIK
I am Defendant & Cross-Complainant in Samaan v. Zernik, Los Angeles County
Superior Court Case No. SC087400. As such, I have personal knowledge of the facts set
forth herein, which I know to be true and correct and, if called as a witness, I could and
would competently testify with respect thereto. This declaration is submitted in
connection with Notice ofSamaan's Fraudulent Loan Applications and Fraudulent
Representations Regarding their Underwriting by Samaan & Countrywide.
I first saw any of the discovery materials in Samaan v Zernik in mid December 2006
at the office of then my Counsel- Charles Cummings. I became suspicious in early
November that something is awkward or worse about the litigation of Samaan v Zernik.
Mr Cummings, then the Managing Partner of Sullivan Workman and Dee, a law fmn
dealing exclusively with Real Estate Law, had represented me for almost a year and a
half at that time. Upon my first visit to Mr Cummings office, I did not even recognize the
name Countrywide. But within less than half an hour, it was obvious to me that
underlying the case was substantial fraud activity and white collar crime.
Mr Cummings was trying to convince me that I simply had no clue how to read the
documents, and that there was no fraud involved. Indeed, I had no confidence that my
reading of the documents was correct.
I therefore approached the California Department of Real Estate, and a Depute
Commissioner there spent substantial time explaining to me some of the basics in Real
Estate Code of California. He also took copies of some of my key documents for review
by the Legal Department of that that agency. They responded that the most significant
finding regarding my position in Samaan v Zernik was Fraudulent Inducement by
Samaan in September 2004. They expressed surprise that Mr Cummings never made
any defense or dispositive claims to that effect.
3.
4.
2
I, JOSEPH ZERNIK, hereby declare as follows.
3
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Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
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Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 26 of 50
1 5. I also approached the FBI in Los Angeles, and again, an agent there spent some time
2 with me going over the materials, and again, confirmed my suspicions that underlying the
3 case was substantial fraud and white collar crime activity. Here I learned for the first time
4 about an "epidemic ofreal estate and mortgage fraud' with an "epicenter in Los
5 Angeles". But most important was the realization from the FBI literature that the in the
6 vast majority of these cases, the fraud is perpetrated by realtors or loan brokers. The FBI
7 agent also expressed his surprise that my attorney had never filed cross complaint against
8 Samaan for Fraud and Deceit.
9 6. By late December 2006 I sent an email to Mr Cummings, with series of questions
10 regarding his conduct in representing me in Samaan v Zernik. He refused to respond.
11 7. I then met with one of the surviving marquee partners of the law firm, an elderly
12 attorney, retired Mr Workman. I asked for his help in resolving the situation without
13 getting into a dispute with the lawfirm. We spent about an hour in a deli shop in West
14 LA. He quizzed me regarding Eminent Domain, the New London Supreme Court case,
15 the shifting compositions of the U.S. Supreme Court, but never touched the subject of
16 our meeting. When he was ready to leave, he got up and stated that he supported my
17 position, that an attorney owed his client an explanation in plain English for his conduct
18 in the case. But he also stated his full confidence in Mr Cummings integrity. Mr
19 Cummings next offered me a $25,000 waiver of fees if I agreed to leave the office, and I
20 did.
21 8. What struck my attention first in the discovery materials was:
22
a. The double "Date Received" stamps on Samaan' s loan applications (Exh A,.
23
p38. and Exh B, p42).
24
b. The fraudulent employment and income information in the same loan
25
applications. She represented herself to me as a realtor closing a few deals a
26
year. Later it turned out that she was a cosmetician. In the Loan Applications
27
she was stating that the only employment she had for the previous 4 years was
28
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Notice of Samaan's Fraudulent Loan AJ?plications and Fraudulent Representations
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Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 27 of 50
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as President and sole owner of a retail company, but her bank statement
showed biweekly payroll deposit from the dept store.
c. Countrywide's subpoena production included blank fonns for "Conversation
Log" from San Rafael. (Exh C, p46) is a true and correct copy of a " San
Rafael Conversation Log" blank form as received in Countrywide's
subpoenas in Aug 2006 and Jan-April 2007. It appeared completely
inconsistent with the totally computerized body of the records, that they would
use such ancient paper fonns. Indeed, later, I managed to track down and
discuss the matter by phone with Diane Frazier, the fonner Senior Underwriter
at San Rafael, who was duly assigned to the underwriting of Samaan' sloan
applications. She told me that to her knowledge, these paper forms had not
been used in San Rafael at least since 1989, which was the first year that she
was employed there.
In late December 2006 I also called Maria McLaurin, the Branch Manager at San
Rafael. I was surprised that she agreed to talk with me. She stated that she prepared the
subpoena production in close collaboration with the Legal Department of Countrywide.
Regarding the paper fonns "Conversation Logs" she explained to me that the Legal
Department detennined that email correspondence is not subject to the subpoena I had
served them.
In late December 2006 I also called the Legal Department of Countrywide to discuss
the deficiencies in their subpoena production. I also told them that I plan on submitting a
repeat subpoena, in hope that they respond more truthfully. In the repeat subpoena,
served in January 2007, I also entered an unusual introductory paragraph to that effect..
But the resulting subpoenas were identical to that obtained by Mr Cummings in Aug
2006, except that I insisted on a Custodian of Records declaration, which was strangely
missing from Cummings subpoena production. I also established a protocol, whereby my
subpoena productions were received by a Legal Services company, where the docwnents
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Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 28 of 50
1 were immediately scanned and saved on CD's before they even got to me, to establish
2 exactly what documents were received and in which order.
3 11. In Meet and Confer telephone conference in early 2007 with Att Shatz and Att Boock
4 of the Legal Department of Countrywide, they claimed that there simply was no
5 explanation for the double "Date Received" stamps on Samaan's loan applications. They
6 also denied that there was any report in Countrywide that could shed light on this
7 mystery. For example, I asked for any Internal Audit report on these documents,
8 establishing the identity of the person who created these stamps, the time it was done, the
9 authority by which it was done, and the reason for it. I also asked for any Imaging Report
10 that would show if these loan applications were scanned twice, once in early October and
11 once on Oct 12,2004. I also asked if there was any evidence in Edge, the underwriting
12 monitoring system, for another receipt and underwriting prior to Oct 12,2004. I also
13 asked for a Pipeline Report - to see if any applications by Samaan were noted prior to
14 Oct 12, 2004. On all of these questions Att Shatz and Boock answered that I am asking
15 for non-existent reports.
16 12. Prior to the Meet and Confer phone call, I wrote a detailed letter, signed and sent
17 under the name of my then Counsel Zachary Schorr. In it, I specifically again asked for
18 the various types of reports that Countrywide surely had to have regarding Smaan' sloan
19 applications, especially that the Legal Department had now twice reviewed in detail the
20 documents. They denied any existed. In the Meet and Confer Letter I also listed one by
21 one all the Underwriting Letters provided in the Subpoena production. It was clear to
22 me:
23 a. That they omitted at least one Underwriting Letter from the period prior to Oct
24 12,2004, and
25 b. That the unsigned, invalid Oct 26, 2004 Underwriting Letter, which was
26 entered by Att Keshavarzi in Sur Reply to Defendant's Motion to Expunge Lis
27 Pendens in Nov 2006, was never present in any of Countrywide's 4 (four)
28 subpoena productions received by that time. That unsigned, invalid
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 29 of 50
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Underwriting Letter was supposed to be the only connection between the made
up claims from 2007 and the true facts in this matter as documented in the loan
file. But that Underwriting Letter was from Oct 26,2004, a date that was
useless for Samaan, since by then the escrow was surely canceled. Therefore,
they fraudulently misrepresented that letter as being dated Oct 14,2004, and
having been received by Oct 15,2004, or mid-October 2004 by Mr Parks.
Such was obviously false, since the fax header imprint stated it was received
on Oct 26, 2004, and the "Edge" underwriting monitoring system at
Countrywide, which automatically produced the Underwriting Letter, also time
stamped it on Oct 26, 2007.
13. After Att Shatz and Boock repeatedly reassured me that they produced all the
Underwriting Letters that were part ofSamaan's loan file, I asked them why the Oct 26,
2004 Underwriting Letter was never included in their subpoena productions. They
appeared surprised, and it was clear that they had never seen that Underwriting Letter
prior to that day. Their immediate response was that the Oct 26, 2004 Underwriting
Letter was not part of Samaan's loan file from the underwriting period in 2004.
14.1 demanded an explanation for the appearance of that extraneous Oct 26,2004
Underwriting Letter. In response, I received on April 12, 2004 yet another subpoena
production (albeit - I never asked for it). In the few hundred pages were inserted some 20
new pages, including the Oct 26, 2004 Underwriting Letter. But it did not appear as a
stand alone Underwriting Letter -like the rest of the Underwriting Letters. Instead, it
appeared only as part of correspondence in Nov 3-6, 2006 (more than two years after the
underwriting period) between Keshavarzi, Lloyd, and McLaurin.
15. Exh D (p 48) is a true and correct copy of Countrywide subpoena documents - Nov 3-6,
2006 Co"espondence, as received by me in April 2006 from Countrywide.
o that Lloyd, Samaan's husband was an acquaintance of McLaurin, and the
relationship between McLaurin and Samaan was not a typical arm's length
Bank Manager - Borrower relationship. Prior to that- Att Keshavarzi dubbed
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Notice ofSamaan's Fraudulent Loan Allplications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 30 of 50
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my claims that Samaan and McLaurin were in cahoots in this fraud as
"conspiracy theory". After I received this correspondence, he back off that
dismissive argument.
a. This fax document, produced by Countrywide, presumably documents
transmission from Parks (Washington State) to Countrywide (San Rafael,
Califomia). But in fact, the fax header imprint is anonymous in violation of
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o that on Nov 3, 2006, Lloyd is suggesting that maybe this letter could be used to
substantiate a claim that missing initials of Zernik caused delay in the final
approval ofSamaan's loans in 2004. But by Nov 6, 2006, 3 days later, a set of
coordinated fraudulent declarations were produced in court, claiming that the
missing initials caused the immediate suspension of Samaan loan applications
on Oct 14,2004, two days after their purported first receipt in San Rafael.
o That in Nov 2006 Maria McLaurin was still hesitant to become a full pledged
participant in the fraud against Zemik. She refused to sign the verified
statement offered by Keshavarzi, and instead supplied a letterwhich should not
have been admissible in court. Later, she changed her position, and submitted
blatantly fraudulent verified statements.
16.Exh A (p 38) is a true and correct copy of Samaan's Sept 27,2004 [it Lien Loan
Application (1003), obtained by subpoena from Countrywide, showing double "Date
Received" stamps, signatures of Parks that do not resemble his signature in Court
Declarations (Exh R, p ~ , and umpteen false and deliberately misleading data entries
(detailed in text of notice).
17. Exh B (p 42) is a true and correct copy of Samaan's Sept 27,2004 zst Lien Loan
Application (1003), showing double "Date Received" stamps, signatures of Parks that do
not resemble his signature in Court Declarations (Exh S, p 149), and umpteen false and
deliberately misleading data entries (detailed in text of notice).
18. Exh E (p 61) - is a true and correct copy of the document Oct 4, 2004 Broker
Certification and Origination Agreement from Countrywide subpoena productions.
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Notice of Samaan's Fraudulent Loan AlJplications and Fraudulent Representations
Regarding their Undenvritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 31 of 50
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FCC regulations. The fact that such an anonymous document was received in
Countrywide as part of a loan file applications is in violation of both "sound
banking principles" as required by Regulations B of the FRB, and also in
violation of Countrywide's own Policy and Procedure manual regarding the
use of fax machines. The fax header on this document perfectly matches the
fax header on documents such as the Oct 25,2004 fax transmission of the Sept
15, 2004 Purchase Contract, which is part of the convoluted fax/wire scheme
of Samaan, Parks, Lloyd, and Countrywide (see Notice ofDocument: Sept 15,
2004 Purchase Contract) against a financial institution, and across state lines.
b. This document provides Samaan's certification of the documents, but fails to
provide Parks' Broker's Certification. Such Broker's Certification was in fact
never provided, therefore entirely invalidating the two loan applications.
\
c. This document is missing Parks' signature on the Broker's Certification, p 12,
but bears a purported Parks' signature on Origination Agreement, p 13, albeit,
the signature on p13 bears no resemblance to Parks' signature on either the
Loan applications (Exh A, p 38; B, P 42), or the Court Declarations (Exh S, p
149).
d. If one is to accept this document as a fax transmission from Parks to
Countrywide on Oct 4,2004, then it contradicts the claim that Samaan's loan
applications were first received in Countrywide only on Oct 12,2004. In fact,
neither in the loan files, nor in the court room was any of these fax
transmissions authenticated.
19. Exh F (p 64)- is a true and correct copy of the Countrywide underwriting document
from Samaan' Loan File subpoena- Oct 6, 2004 Reverse Yellow Pages Lookup of
Samaan's work phone (323) 655-5654 - locating it to Samaan's residence - 1227 S
Alfred St, Los Angeles, CA 90035. It was this finding that gave rise to the requirement
to explain employment information as the very first condition in the Oct 14, 2004
Underwriting Letter and suspension notice. This document also on its face contradicts
Samaan/Countrywide claims that the loan applications were first received by
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 32 of 50
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Countrywide only on Oct 12,2004. It also contradicts the claims that missing Zernik's
initials caused the suspension of Samaan' s loan applications, which has not documentary
evidence from 2004 whatsoever.
20. Exh G (p 66) - are true and correct Countrywide subpoena documents from Samaan's
loan file:
a. Oct 13,2004- Quality Verification and Documentation Questionnaire, hand
completed by Senior Underwriter Frazier, showing derogatory notes under:
i. Identity theft prevention
11. Employment re-verification
b. Oct 13, 2004 Compliance Verification fonns - showing missing signed
disclosures.
c. Oct 13,2004 Unsigned Countrywide Home Loans Disclosures. Such
disclosures had to be signed within 3 days from loan application, but since
there was no agreement on fees, such disclosures could not be signed.
21. Exh H (p 84) --,- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - Oct 14,2004 - Clues Report. Clues is Countrywide's
Computerized Underwriting Expert System. This report shows numerous derogatory
comments:
a. violation of program rules,
b. multi layered risk, etc.
c. it also states that a realtor is prohibited from using commission proceeds as
part of the funds to close. Samaan constructed the Sept 15, 2004 Purchase
Contract in a way that directly contradicted this rule. Therefore, had Samaan
submitted her Purchase Contract with the initial loan application, that would
have created another hurdle for her approval- yet another violation of program
rules.
This Oct 14,2004 Clues Report, denied approval ofSamaan's loans, instead referring
them to Division Underwriting Support. On Oct 25, 2004 McLaurin, in her efforts to
push forward funding of Samaan's fraudulent loan applications, filed the Oct 25,2004
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 33 of 50
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Exception Report with Demetrio Gadi (Exh J, p 93), in violation of the conditions set by
the duly assigned Senior Underwriter Frazier - that such be done only after Samaan filed
valid Loan Applications (l003) listing the 0.75% loan fees. In addition, McLaurin failed
to submit to Gadi a Clues report, instead making up fraudulent fictitious complimentary
credit determinations for Samaan, and in the process also hiking her income to $4m per
year. Gadi unfazed, added specific restrictive conditions to Samaan's loan applications in
his Oct 29, 2004 Exception Report (Exh N, p 104), which did not reflect confidence in
the integrity of McLaurin or data she provided regarding Samaan's loan applications:
- He re-affirmed the requirement for valid Loan Applications (l003) listing the loan
fees of 0.75%
- He added a condition that a valid Clues Report be produced prior tofunding
- He added a condition that all such documents be reviewed and approved by a Branch
Underwriter (rather than Branch Manager McLaurin).
22. Exh I (p 91)- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - Oct 14, 20041
s1
Lien Underwriting Letter, showing a suspension
notice with:
a. Condition #1- explanation of false employment data, and
b. Condition #2 - resubmission of loan applications with correct listing of loan
Input.
Notes:
a. McLaurin's submission of this Exception Request is in direct violation of the
conditions set by the duly assigned Underwriter - Frazier, that Samaan submit·
a valid Loan Application (1003) listing the 0.75% loan fees. Mr Gadi in his
Oct 29, 2004 Exception Reply reaffirmed these conditions.
b. Samaan's annual income figure is a blatant handwritten adulteration of a
digital document. As evidenced in Exh K (P--l, McLaurin submitted this
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fees to Countrywide
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23. Exh J (p 93) - is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - October 25,2004 -McLaurin's Exception Request-Branch
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Notice of Samaan's Fraudulent Loan A{)plications and Fraudulent Representations
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Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 34 of 50
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report to Mr Gadi with false statement of Samaan's income - at $4,000,000 per
year. On the Exception Request itself, instant exhibit, a printout from
electronic file, the figure was adulterated by hand. Countrywide refused to
provide an authentic printout of the Exception Request document, regardless of
multiple requests.
c. McLaurin failed to include with the report a printout of Clues. Instead, she
included false statements regarding Samaan' s credit worthiness, that
diametrically contradict the determinations made in the authentic Clues
Report. Gadi added a condition that an authentic Clues report be produced and
reviewed by a Branch Underwriter in his Oct 29,2004 Exception Report (Exh
N, p 104).
24. Exh K (p 97}- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - October 25,2004 - Ortin's Email Note RE: Exception Request.
This email note is supposed to correct McLaurin's false statement of Samaan's income-
at $4mper year. It is not clear whether Gadi was aware of Ortin' s email note by the time
he produced the Oct 29, 2004 Exception Report.
25. Exh L (p 99)- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - October 25, 2004 - McLaurin/Ortin 's Appraisal Review Order.
This order by McLaurin, like the submission of the Oct 25, 2004 Exception Request,
diametrically contradicted Senior Underwriter Frazier conditions - such review was
supposed to be ordered only after Corporate approval of the Exception Request, which
did not arrive until Oct 29,2004. Together, the following documents evidence the fact
that by Oct 25,2004 McLaurin, a Bank Manager, removed Samaan's fraudulent loan
applications from the duly assigned Senior Underwriter Frazier, and handled their
underwriting herself:
a. Oct 25, 2004 Exception Report
b. Oct 25, 2004 Appraisal Review Order
c. Oct 29, 2004 Underwriting Letters
d. Nov 3,2004 Underwriting Letters.
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Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 35 of 50
In her fraudulent court declarations in 2007 McLaurin did not disclose any of her direct
involvement in the Underwriting of Samaan's loan applications. Instead, she falsely
portrayed herself as a bank manager who was in 2007 reviewing underwriting documents
that were produced in the normal course of business in 2004, and providing her
interpretation of such docwnents as a Bank Manager. She never disclosed that she
herself was the unauthorized underwriter of Samaan' s loan applications, after removing
the applications from the responsibility of the duly assigned underwriter - Frazier.
This document also contradicts Samaan's/Countrywide's claim that the Appraisal Review
was delayed because of Zernik's initials, and that it was finally obtained on Oct 25, 2004,
and with it also loan approval was obtained. Both the appraisal review and the loan
approval were far from being obtained on October 25,2004.
b. It shows numerous conditions added by Gadi that were never complied with
throughout the life of these applications.
c. Gadi stipulated his approval upon veracity of data provided to him, but McLaurin's
input was false and deliberately misleading, therefore, as stated by Gadi:
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was issued on Oct 25,2004.
27.Exh N (p 104) - is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - October 29,2004 Gadi's Exception Report, issued at 10:46am by
Division Underwriting Support- Demetrio Gadi's response to McLaurin's Oct 25,2004
Exception Request:
a. It contradicts the false claim that loan applications were already approved by Oct 25,
2004.
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produced as part ofNov 3-6, 2006 Correspondence of Keshavarzi, McLaurin, and Lloyd
- Oct 26, 2004 -Underwriting Letter, unsigned, claimed as not part of the loan file by
Legal Department attorneys in Meet and Confer in 2007, but entered by Keshavarzi as an
Oct 14, 2004 valid Underwwriting Letter, with a dubious support letter by McLaurin.
This Oct 26, 2004 Underwriting Letter in fact shows that the loan applications were still
suspended on Oct 26,2004, contradicting Samaan's/Countrywide's claims that approval
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Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 36 of 50
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"IF ALL CONDITIONS ABOVE ARE NOT MET THIS EXCEPTION IS NULL AND VOIDI
THIS IS AN EXCEPTION DECISION ONLY AND NOT A LOAN APPROVAl." .
28.Exh 0 (p 108)- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - Oct 29,2004 Underwriting Letter, showing:
a. This Oct 29,2004 Underwriting Letter was signed by Branch Manager
McLaurin instead of the duly assigned Senior Underwriter Frazier, and in
violation of the condition set by Mr Gadi, that a Branch Underwriter manage
the underwriting of Samaan's loan applications.
b. As of Oct 29,2004, appraisal review ordered on Oct 25,2004 was still not
received. Such data contradicts false claims made in court declarations and
briefs, that such appraisal delayed approval of the loan applications, was
received on Oct 25,2004, and that the loan applications were approved by Oct
25,2004 as well.
c. As of Oct 29, 2004 Samaan had never filed the required corrected, valid Loan
Applications (1003) listing the loan fees of 0.75%, and therefore could not file
the disclosures either. In fact, never in the loan file are valid loan applications
(l003) to be found.
d. The fraudulent fax transmission product Sept 15,2004 Purchase Contract (see
under separate cover - Notice ofDocument: Sept 15 2004 Purchase
Contract), falsely and misleadingly represented as the product of fax
transmission on Oct 25, 2004, 5:03pm, from Parks in Washington State to
Countrywide in San Rafael California (across state lines), was still not part of
the loan file on Oct 29,2004. Therefore, the Oct 29,2004 Underwriting Letter
is a support document for demonstrating that the fax transmission on Oct 25,
2004 was falsely and misleadingly misrepresented in court. Moreover, the fact
that the Sept 15, 2004 Purchase Contract is still missing from Samaan's Loan
File on Oct 29, 2004 entirely contradict the fraudulent claims that Zemik
delayed the delivery of the Purchase Contract to Countrywide, and that it was
-34-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 37 of 50
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delivered on Oct 25, 2004, and that such delivery resulted in the immediate
obtainment of both Appraisal Review and Loan Approval on Oct 25,2004.
e. The statement from Samaan's mother regarding the ownership and access to
funds in the joint account that were essential for closing, was still not received.
In fact, it was never received during the life of this loan file.
r. Conflicting business and residence addresses, first identified by the duly
assigned Senior Underwriter Frazier on Oct 6, 2004, were still unresolved. In
fact, such was never resolved during the life of this loan file.
g. Broker Certification ofDocuments was never received yet. In fact, such was
never received during the life of this loan file.
h. Wells Fargo Bank Statement was still never received, required to demonstrate
availability of funds to close.
29. Exh P (p 111)- is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file- Nov 3,2004 Appraisal Review Report- issued at 12:25pm,
contradicting the false claims that such appraisal was obtained on Oct 25, 2004 and also
allowed the loan applications to be approved already on Oct 25, 2004.
30. Exh Q(p 114) - is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - Nov 3,2004 Oct 29,2004 Underwriting Letter, showing:
a. This Nov 3, 2004 Underwriting Letter was again signed by Branch Manager
McLaurin instead of the duly assigned Senior Underwriter Frazier, and in
violation of the condition set by Mr Gadi, that a Branch Underwriter manage
the underwriting of Samaan's loan applications.
b. Valid Loan Applications (1003) listing the true closing costs with loan fees of
0.75% were still not received. No Loan Disclosures were signed yet either.
c. The Sept 15, 2004 Purchase Contract, fraudulently claimed as faxed to
Countrywide on Oct 25,2004,5:03 pm was still not incorporated as part of the
loan file. In fact, there is no evidence that it was received by Countrywide yet
on Nov 3, 2004!
-35-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 38 of 50
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d. Statement from Samaan' s mother regarding ownership of funds to close was
still missing.
e. Broker's Certification was still missing
f. Conflicting work and residence addresses were not yet resolved
g. Missing Wells Fargo Statement to demonstrate funds to close was not yet
received.
31. Exh R (p 117) - is a true and correct copy of Countrywide's subpoena document from
Samaan's loan file - Jan 27,2005 - Denial Letter, showing denial of funding by
Countrywide Bank, contradicting claims by Samaan/Countrywide that loans were
approved by Oct 25, 2004, and Samaan was able, willing, ready to close by Nov 1, 2004.
In investigation in 2007 by the Office of Thrift Supervision Countrywide Bank stated
that it would never have funded Samaan's loan applications.
32. Exh S (p 119) - July 2006, Samaan's Deposition, showing that Parks was never
involved in her loan applications, that her husband was the one who prepared the loan
applications, falsely signed by Parks, that Samaan was employed at the time of the
application as a cosmetics saleswoman in a department store, contradicting false
statements about her employment in loan applications.
33. Exh T (p 149) - Oct 27,2006 Parks' Court Declaration - full of contradiction regarding
the underwriting process, as outlined in Table I. Parks' signature on this document bears
no resemblance to his signatures on the Sept 27, 2004 Loan Applications (Exh A)or the
Sept 7, 2004 Prequalification Letter (Exh.J. The latter two do not bear any
resemblance to each other either. In the whole Samaan Loan Application file there is not
a single authentic signature by Parks.
34. Exh U (p 157) - Sept 7,2004 Park's Prequalification Letter
I make this declaration under penalty of perjury pursuant to the laws of the state of
California. Signed here, in Los Angeles, California, Feb 29, 2008.
-36-
Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 39 of 50
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) , ~
JOSEPH ZERNIK
DEFENDANT & CROSS COMPLAINANT
in pro per
v. EXHIBITS
-37-
Notice of Samaan's Fraudulent Loan Allplications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 40 of 50
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EXHIBIT A
-38-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 41 of 50

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FlOlktololacvonnBS DllOe
CoIyxF.... l.a.t LoontppI.... Dll1M
Computer
Handwritten 1003
F_IIiooFonnl003 11104
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 42 of 50
.11 ElIIJIlDYtd e........rj.) 1llIIY'" RqIllrod to provlde .ddlUonoI dow_IlIUon ..cIlottu..-. end fin••oW_moab.
D.sU'lbo OtMrmcolll. NoUt:a: chnd auppan. or sep.'"mahttonlltea IDeoJDI nled not be ntVU)td Utn_
BOrrDW1Ir (8) ar eo.&otrowc:r(C} doe5 not c:hooso to i1allO It eonsldeml forrcpilytng dab 10011\,

•
..
I \1. MONTIiLV WCOME AND COMBINED HOUSING INFORMAnON
..
I
'.
G.........lhlyl._ IlaInlWlT Co-Bo.-r T.tal

_I
P'Ojl...d
Bas. EmpI. _me' S 33.333.00 $ S 33,333.00 Rtlll $ 3,390.00
, ..
0vaItime ""It Morcaaa. (P&I) Is 6,aU3
90IIusN Diller financing 1,121l.60
00lil/iii$$i0.. H""""Nurallte 400.87
Dlvldtndlllnl.resl Rnl Es1ate T.... 1,789.58
NBlRonIBI_ MllI1gag: InsDnlllCO Olhet __
_,"""-DlIOl
... 1tl.llIII:eh....
...._ • .-oj
0lIl0r.
Tola! S . 33,333.00 S S 33,333.00 Tola! S 3,390.00 S 9,618.38
·s
. . VI. ·ASSETS AND LIABILiTIes . . . . ..,
This IIlem.lIllUldenyopp cablasuppoltingscll.dulesmaybecampleled . lIybybolhrnanledandulUll'llriedCOoI>oITllWOlll • as_and 1;.liIle..... ,,"n
JoInod••lhlllIhIStatemonlcanbeme.nlnglU/lyoadraillyp..._.nocomblnlld_;DIhaJWlsa...pamleSlilimanllOndSchedulB&Bl8requinld.HIhaCo-Bom'l'I.r
••ctlon was ccmpleled /lbouI a_,1hIsSlalomenl and .ujlpOltiag Wledules musl be ......ltl.d aboul thaI.pousa olso.
CGmpI_ DJolnlly G!lN.lJolnlly
ASS6TS Cash or Mark.t
UUruDcsandPJtdged Ass.... LlStthaaet2lofsname. address MdarmuntfU'll;wlotll outstandlng

Valuo dallls, illrJoJdIllo ......1>/> 1oalI•• rBVOlvlnOdla'lJ9e.....".IUI_ loans, aIillIIlny, dIIId$Uppal\.
CA!IldlllOofI_pt.I'CIlase hlld by: 5
-plelJll... de. \he ..__ Uaecusaoy.1Ildita1O bVM_e_whidlwlUbe
_upon••teol .... UlOleOl'4lOd ................... oIth. O1IlIltdPOO_·
Mara I!llcroll/ 30,000
UAIIlunES
Monthly poyment &
Unllllld Blton..
Mlsf'th,_ t..nto Prq
LUI chocklng,nrI UlI/np ,ceo"",""",ow
NImIlllIIlcldre..
n'oyJIlentlMOl1t/lS 5
Nama Illd IIddIesS 01-' S&I. CI CredIt UnIOn
FIRSTUSA
Wills FDlVD BInI<
PO BOX296:W
P.O. 80_ 6995
PHOENIX. A:l. 85038
POIIIand, OR 97228-6995
Accl. no. 4332370011040372
197 9,870
Acd. I\ll, 881-4098380 $ 181,097 Nomelllld address 01 C_
5I'ayrnonlRVIonI 5
Naml and add"'ss of BanI<, 5&1. or Qed" UI1IDII
FST ENlRIlNT
6735 FOREST LAWN
Will. FDlVDBank
HOLLyWOOD. CA90OS8
P.O. BDI 6995
portland, OR 97228-6995
1ACCt.-... 92584OS00
266/60 9,033
Acct.... 750.0194399 S
02,325
_DIIIId oddlessol CDmpany
SPDymDnllMOlllJ\S 5
_and_SD B..k. S&L, or Ctedll UOIOn
WASHINGTON MUlUAL BANK
POBDX1093
NORTHRIDGE. CA 91328
Accl.... 1OO100000000082B083611
102 7,904
AcCl. no. 5
.... and llIdreSI.rcempany
5PaymelllJlol_
t/OlIl8 ond addle6S III Bonk, S5I., or \;;,edIl UOiOn
em
POll 8241
SIOUX FALLS, SD 67117
iAaI. no. 642411069919
132
8,347
Acd. ••
$
r_1IIld _.oICOftlp;lny 5PaymoiiVlMnlhS S

5
BARNEYSNY CRED CO
1101 V!'Jl.E'( BROOKAVE
LYNDHURST, NJ 07071
Ae:t. aD. 6003355682
114 1,477
Nama and __01'-"1' 5 ll\'IIle.-1hI S
uri _cono! cashvalue
S
F__5
600.000
S_1JaaldAssets S 293,422

Accl.no.
NwnoW\ll address or COlIlPlny

..
44,000
N.I WOI1lI 01 buslness(es) 0WlIlld
S
600,DllO
lallDch WndaI slaIerilallt)
AuIllftl6IlIlUowned (nsalla ana yw) p
Accl.11O.
2002 Honda Accord
25,000 __1IDlICO
..
0Ibet AueIS (ltemile) 5
PumllwS1
160,000 [Job Rl1aIed E>pens' (c:IIlfd ..... lIIIIDn d....iIc.)
5
J.....lry
100,000
IT'1s1
$ 811 ...
Tollll AsselS.. S
1,112,422
IloIWDflh' ....>:1$ 1,077.791 TOlII LIIb11llla... $ 34,831
I
amlnui'bl. -
F_I0\OI: FCIIIll 65 O,1Dt Computer GenerGtec!gO•0/ •
FOIIII ,00) LoonIppiUlm 011l)l ro 0 •
Handwritten 1003
IlcImM'Ol
Co-....r _
..- MIl FCllIl '00) d\1D4
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 43 of 50
. . .. . '. ..' . . VI, .ASSETS AND LlABliJnEli (coiit.1 .
Schedul. of ROIl Esu•• OWn.d pI addlllanal pIIIpeIlf.. are owned. unCXlIIlIr<lalioll sheel) .
PnIpe11y Addlass (enIl!rSUl<lI4. PSllpendirlg sole
Typeol Present AmollIlIor Gnlss UortgBge
Insuroro<a.
or RII IOllIal being held lor"'tom., Pnlpotly MatfcalVQI. Mortgages &Uem RentoIlnc:orne
t.blnllNra. Nel
Pa)'menb T.... &Mlsc. R.nlallnaxne
S S S S S
ToIaIs S
• S S S S
U.' .nV.ddltlon.' "10" lIIIdo,.,bleb crodll nas plllVl.UI'V....n NQ........ lAdle.... 'pptop,1ate clOClllor _O/slond accoun' numll.rj.):
I VII. DETAIl:S" OF TRANSACTlON-

I
.. !'lRllasoprtu
..
$
1,718.000.00 •• u•• """"""", D......... eo.ao",,,..,
b. AlIeIWIlons, imp_IllS. "pails Yet No Yo No
Co Land Ilf
DO
d. R.iIlBncB (Ind. dell" I. bit paid 011)
b. -JOVbaeft_-",hoilw.lll.pa.17Y9'1'/
00
.. Eslillllied propa'" flBms 6.299.33 c. -JOVI1od,..,.!Jlr ....dooed_orpv.nlllloordeedln ... _
00
J. I!sIJnaled cIosms costs 2U16.00 "' ....... 7 yurs?
S. PMUMP, F_SF.. ll.lnyou.·plIlly"._ 00
b. DIscount (1I80nowvwll pay) .,
00
L Toto! costs Items .1IIrovgb h) 1.745.115.33
-...... _srCllillellllleuolillOd_orJudJllOlIIt?
Sul>onlInaIa wndng 171.800.00
(lNO__............___........__
k. _.doslns costs psJd bySdor
..... tllll'lll.. FW..VA..tmlllII.
L Olhm' CIedlIs(""""1 L -"'8II'/FedotaIdclll.,lIlIyolher
00
Co&hDopoolt :Ill,llDn,.n

Iv. A1wl'O"ObIlPlad..POV8IInDIlI'. -1IVpJlOIt, .,s._16__7
00
II. 1..lll'PIIlollll.'*'Mlpa)!llll1l............a 00
L Arel'OOO._.. end........ DO
--.........................................-.. -...............................-...........
.... 1.0........1 1,374,4Dll.00
.... 00
1-PMI. Mil', Fuming Fu r_cod)
te. AlciOUapennanentresldellleJenl 00
n. PM!. MIP, FIIIdino Fee InIllCOd
L .. JO... pllnlorr_d.....' DO
."Y...• __.. bdaw.
no."". "'"1lId.......mI\Ip lrltoJa>l In. PIll_inlh.lasIlluto_7 00
Do LDan amounl (add m&., 1,374.400.00

--tSHJ•.,bNulmonl_SllV(1P)'
p.CasllflllllllloBonower 189.116.33 (2lH""' tJdlOUl>oIitlillelo... ....-.,by)'OlllSllll(S).
(.lIbltBdI.k,I&olnlmQ
)Ilnltfwilh__.\SPI. or/llltlllY..." _or_(0)7
I
..
IX. ACKNOWlEDGMENT'AN!1 I
·X. P0RM4T10N FOR: GOVERliIjlENT MONlTOR!N.G
Tbaf..""Jnglnfotmll""' .. raquestBdbvlb.FBd<lllGonmmenlfor....... typetof..ansrelaledloadwBllng"'_..monborOle_CIlIIlp!anl:a\'ltlbaqualc:ndl
oPPorturdlY,talrboUlln!l.ndhom.1I1OIl9OlledlsclDSIII'I'-. VOll...nolraquilo1lafllmishlJllslnformellon,bu1... ...
dl&crlmlnallneilheranlbebaslsolllllslnloroaUon,nor0ll1llllallleryoudl"...,lorumlollLlfyoufwmhlhtln-.,pleasePlO\lidGboIhetlvlJcllvand..ct. Forrace.you
IIIt1fcbad<mortlll......c!lslgnallon. lfyoud.llIlllumJsb.llIIl/dl,......Ol...._rF_lIlIullllons.Olla..aderltl\!llllllllllollOlalbllln_..,IlI.basfsofvieull
olloelvdanor"""ame.llro.lfonolwlshlobnlthlhelnlorrndon.lIlUoeclladtlllBlloJl_ILendermusll8Vlawlhelb6velllBl8rlBllo......Ibal... _·saIlsfV
aD raqulram.llI5lOwlIIcIIlbo ronder" subject under.pplIcablaslalalaWf.,llI6palticu1srlype .1IoanllPllbdfor.)
BORROWER Old....."'h.. flmJhUlbW_n CO-BORROWER oldonol_..
Elhnlelty: DHb,lIIllo.,Ldlo IilI H.. HI''''''"'., ........
EUtnICIllI: J_"UlIIlIl
0 .... _.,......,
Race,
0 __«
DAIIaIl 0-...
!lbc.:
0 __.,
D-
O_or
i\Iosl:llNaIlva
--
_ leaN_
_A_
0--«
WbIIB
-
0 __..
0-
OIhor_bl.1IllBr
O....PadIlo_e'
S•.,

oUOlo
Sn: of_
0_
Toba eoraplcltd by "'Ill_


.....
ThIs .JPIiQlII.., was 1II<en Ily.
P,cIIIc IItoIlOage eoMullaIl1a
In
VIV
700 Llrlcspur I.Indlng CItdo '275
OMall I Ii
Larkspu', CA 94939
IilJTalepbono
11n- sPh... _l'ld..... codt)·
IPl888-S7U593
Dlnlenllll
31..275-5353
IF) 310.496-325$
Fm.ls Ioltc Form15 01104
cqxr.... IIlO3 ......JlI'1J.. 01,0(
Computer Generated
'IDS 01 ..
Handwritten 1003
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 44 of 50
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBITB
-42-
Notice of Samaan'sFraudulent Loan AJ?plications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 45 of 50
Uniform Residential loan Appucation
This appncaUon Is designed 10 be completed by Ihe applicant(s) with asslslance. Appllcanls should completa this form as or ·Co-8llIfower". as
applIcable. Co·Borrower Informallon musl also be provfded (and lhe sWroprl.ls box checked) when Olhe income or ssseis 01 a parson other !han Ihs "Borrower"
(Including Ills spouse) win be used as a basis Tor loan qua/ilJcallon or 0 Ihe Incoma or assels of lhe spouse will no! ba used as a basis for loan
qualllicallon. bul his Or her lI.blllllss mu.t ba consldared becausa tha Borrower resides In a community property slale. the sacurily proparty Is locsted In a communlty
property slate. or the Borrower Is relying on olher property located In a community property slata as e basis lor repaymenl 01 the loan.
!;
Tolal(a+b)
$
lender Case Number
(b) Cost olfmprovements
Properly will be:
Primary Residence 0 Secondary Rasldence 0 Investment
Olher (explain): Agency Case Number
I.. TYPE OF MORTGAGE AND TERMS OF. LOAN ..¥. ( ," .. :o.
171,800
$
S
Mortgage OVA
Apptlld lor: 0 FHA
Amount
$
CompTele Ihls line If this Is a refinanco loan.
Year Original Cosl Amount Extsllng Usns
Acqulred
Purpose or Refinance Descrfbe Improvemenls 0 made 010 bs mads
$
$
CostS
TIlle will be held In what Name(s) Nivle Samaan
Manner In which Tills will ba held Estate will be held In:
--L.:.A:::n:...:U:::n.::m:.:a=rr:.:.l:.:e.::d..:W.:.o:::m:::=an:.:..- -i'"'lr:easeSlmhople,d
Source of Down Payrnanl. SeWement Charges and/or Subordinale Financing (explain)
Chocking/SavIngs
(.how e.pralon dIll)
.. .... III. BORROWERINFORMATION ." ·.Co.Borrowe;. .. ,.';'
Co·B""owsrs Name (Include Jr. or Sr. If appllca Ie)
VIS, School
1227112 S. Alfred Slreet
Los Angeles, CA 90035
.,1,.; ,",,', ',: Borrowsr .1'; ....,IV:EMPLOYMENTINFORMATION
Yrs. e!I'P1oyad In lids
line of Wodc1prolesslon
Yrs, employed In this
Uns of worklproJesslon
20
Spellbound Enterprise, Inc.
133 S. Peek Drive, Suite 104
Beverly Hills, CA 90212
Mailing Addrsss.lf dlllersni Irom Presenl Addr
If residing al presenl address for '/1$' lI,an I
Former Address (slreel. cily. stale. ZIP)
Name & Address 01 Employer Sell Employsd Yrs. on Ihls lob Name & Address of Employer
4yr(s)
Po Ilon/T1ltefType. 01 Business
PresIdent
Business Phone (incl. area code) PoslllonlTlllelType of Business
323·655·5654
Business Phone (Incl. area COde)
If employedIn CUtTOnI po.lUon for leu than two years or If cummtly employed In more than ons position, complefe the following:
Name &Address of Employer D Sell Employed
Dales (from·lo) Name &Address of Employer oSelf Employsd
Dales (from-Io)
Monlhly Income
Monlhly Income
$
S
Posillon1TllleIType of Business rUsfneSS Phone (Incl. area code) PoslllonlTltleITypa of Business rOSineSS Phone (Incl. area code)
Nama & Address of Employer D Sell Employed
Dales (from-Io) Name & Addrsss 01 Employar o Self Employed
DIIlllS (Irom-lo)
Monthly Income
Monlhly Income
$
$
PosllJontTUlelType of Business rUSlneSS Phone (Ind. area code) PoslilonITftlelType of Business IBuslness Phone (Incl. erea code)
-43-
Freddla Mac Form85 01/004
Calyx FOf'M 104» L0W12pp1Jrm Dtl().l Coml31f1'l;w ... 1 .. 4
100::t
BorrOW81
Co-Borrower _
Fonnlll Mao Fann 1003 01/004
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 46 of 50
I V. MONTHLY INCOME AND COMBINED HousiNGEXPENSE INFORMATIOl>i :
.,
.1
,
Gross Monthly Income Borrowor Co..Borrower Tolal
Combined Monthly
Prosent Proposod
HousIng expense
Base Empl. Income' $ 33,333.00 $ $ 33,333.00 Renl S 3,390.00
Overllme Flrsl Mortgege (P&\) S 6,299.33
Bonuses Other Financing (P&I) 1,128.60
Commissions Hazard Insurance 400.81
Dlvldends/lnleresl Real Eslale TaKes 1,789.58
Net Rental Income Mortgage Insurance
other (belol. compl811n(J. Homeowner Assn. Dues
1&0 111. noblSI "dosalbD
olher 1neomO." billow) Olher.
Total $ 33,333.00 $ $ 33,333.00 Total $ 3,390.00 $ 9,618.38
Selr Employed Borrowor(s) may bet required to provide additional documontatlon such as lax returns and nnanclal statemonts.
D.scrtbe Olher Income Notice: Alimony, child .uppoll. or seporate malnlenance Income need not be reveeled "tho
Borrower IB) or Co·Borrower Ie) does.not choose to hove II con.ldered forrepaylng 1111. loan.

I ' vi. ASSETS , . . .;' ·1
ThIsSletemeni andanvapplicable supportlno schedules maybe completedjolnlly bybothmarriedandunmarrIedCo-borrowers Irthelrasselsand lIablUUes aresufficlenlly
joined so Ihet Ihe Slatement canbe meenlngruilyandralrlypresenl.donacombined basis; olherwlse. separale Slal.ments and Schedule. arerequired. "'heCo-Borrower
secllon was compl.ted about a spouse. Ihls Stalem.nt and supporting schedul.s musl be compleled about thai spouse also,
Compleled 0 Jolnlly lllI Nol JolnUy
Unpaid Balanc.
Monthly Payment &
Months Loft to Pay
LIABILITIES
ASSETS Cash or Market L1ablllUos and Pfedgod Assets. LIst the credlto(s name, address and account number rOf all oulstandlng
r.$--......:V:: •
satisfied upon sale or real estate owned or upon refinancing of the subject property.
Mara Escrow 30,000
9,033
9,870
$
266160
197
$ Paym.nllMonlhs S
$ PaymenUMonlhs
$ PavmenUMonlhs
Ace!' no. 4332370061040372
AccI. no, 925840600
Nam. and address Dr Company
FSTENTRMNT
6135 FOREST LAWN
HOLLYWOOD, CA 90068
Nama and address of Company
WASHINGTON MUTUAL BANK
POBOX 1093
NORTHRIDGE, CA 91328
Acct, no, 760-0194399 $ 82,326
Name and address of Bank. 5&1.. or Credll Union
Ace!. no. 681-4098380 1$ 181,091
Nam. and addreSS Dr Bank. S&I.. or Credll Union
Wells Fargo Bank
P.O. Box 6995
Portland, OR 97228·6995
List checking and savings accounts botow Nam••nd .ddress of Company
FIRST USA
POBOX 29620
W.lls Fargo Bank PHOENIX, AZ 85038
P.O. Box 6995
Portland, OR 97228·6995
Acel. no. 1001000000000629063611
AccL no. Is Nama and address of Company
;;N::am:::...:.e::en:..d.,..a-d"'dc--re-ss-o""""'B:-a""'nk,... .... S"'&.,..I..""'o"'r"er,..l.l:id"'11
7
U:-n:-lo.".n------l cm
poe 6241
SIOUX FALLS, SO 57117
102
$ PaymenlJMonlhs 1$
7,904
Accl. no. 542418069919
Ace!. no. S Name and addr.ss of Company
:.;S;:IO;ck,:,S::;&'"'B'"'O'"nd"'.,...,.,s(C"'o"'m:::p::an"'v"'n"'a::m"'eJ..--l;;$--------l BARNEYS NY CREO CO
numb... & d••eriptlM) 1201 VALLEV BROOK AVE
LYNDHURST, NJ 07071
132
$ Paymenl/MOnlhs S
6,347
AccI. no. 6003355682
=========__-II.- IName and address Dr Company
L1f. Insuranc. nel cash value $
114
$ PaymenUMonlhs $
1,411
Face amount: $ 500,000
Subtolal LIquid Assets $
Real estal. owned (enl.r mark.1 value S
from schedul. of real.state owned)
293,422
Ace!. no.
Name and address Dr Company
$ PeymenllMonlhs $
Vesled Intereslln rellramenl rund S
44,000
N.t worth 0' buslne..!es) owned $
(.Ilach Rnandal slal.ment)
500,000
Automobiles owned (mak. and ye.r) $
2002 Honda Accord
26,000
Ace!. no.
$
\<'i t:.,::, ';', '1.'"
.-'t . .;!' :: I, .1
150,000 Job Related Expensa (child cere. union dues••'e,) 5
100,000
Other Assets Olemlze)
Furniture
Jewelry
Total Assots a. $ 1,112,422
Total Monthly PaYfl\snls

illnlnus bl ,: •
1,077,791
$ 811 "
Total L1abIllU.s b. $
1.
.... ,.
"I I r
.',
34,631
1
Freddie Mac Form 65 01104 Computet·,
Calyx Form 1003 !.oanapp2.frm 01104 Page 2 of 4
HandlJllf'I';"h?tl
Borrower
CC)-Borrower _
Fannie M... Form 1003 01104
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 47 of 50
ppr p 10 credllor nama!s) and accounl number(.).
Accounl Number
Credllor Name
Allemale Name
Propelly Address (enler 5 If sold. PS If pending sa'e
Typeo' Presenl Amounlof Gross
Insurance,
or RIf renlal beIng held for Income)
Propet1Y Markel Value Mollgages & Liens Renlallncome
Mot1gaoe Malnlenance. Nel
Paymenls Taxes & MIse. Rental Income
$ S S S $ S
TOlals S $ S S $ $
LIst any addillonal names under whIch crodll has provlously been rocolved end Indlcale a
o ria
. .... '.' .' ... ' .' .,'
Schedule 01 Real Ealale Ownod (If addlllonal propellies are owned. Use conlinualion sheel) .
I
VII.· DETAILS OF TRANSACTION'
, ,
" ; Vill,DECLARATIONS ..
'''r'
. "' .."
,
I,:":" : I
a. Pwd,sso price
S 1.718.000.00 rryou answer".,es·· to any queaUoRS • through I, use conlinuaUon
b. AJloraUon•• Improvements, repairs
shuet for eXplanation.
Borrower Co-Borrowet
Yo. No Vel No
c. Lend (If acquired sepamle/y)
a. Arelhere eny oulstandltlg judgmenls egaln.1 you?
0 0 0
d. Ronnanee (Incl. dabls to be peld off)
b. Heve you been declared bankrupl wlthln Ihe pasl 7years7
0
[YJ
0 0
e. E.Umaled prepaid Items
c. Have you hed proplll1y loredosed upon Of given Iitle or de.d in Yeu "",reol
0
@J
0 0
f. 8timeled closing co.ls In Ih. la.I 7years?
g. PMI, MIP. Funding Fee
d. Are you aparty 10 alawsull?
0 0 0
h. Dlscounl (If Borrower wOl pay)
e. Have you directly or IndirecUy been obYgaled on any loan wllich resulled In
0 0 0
L Tolal cos•• (add Ilems a through h) 1,118,000.00
foreclosure, Iransfer 01 lilleln Ueu 01 for.closure, or judgmenl?
J. Subordinate I,nanclng
k. Borrower's closlog co.ls paid by Seller
otjgllion. band. «binouaronloo. II ""(e.,"provida detaIs,lf\WdinDdale, name end
addtoss oJ lendef. FHA. 01 VAcase runb8r. il8f1)', Dl1d ,..sons lot Ihe KJIor1.J
I. Olher Credll.(explaln) f. Are you presently dolnquonl or In derauR on any Federal dobt or any other
0 I'II 0 0
Cash Deposit 30,000.00
loan. morlge!/O, financl.lobilgeUon, bond, or loan guaranle.?
• '"(DI," oIW d6f". 01 dOlct.hd I" tho precatlng quosllon.
g. Are you obioaied '" pay alimony. chlld !UPI'M. or soparale malnfenence? 0 0 0
h. I. any part 01 II. down paymenl borrowed?
0 0 0
New First Mortgege 1,314,400.00
f. Are you a co-maker or endOtser on a nole7 0 @J
0 0
New 1st Mtg Closing Cost. (28,115.33)
o' ....... o' ... ........................... , .... __ .............................
m. Loan amounl 171,800.00
J. Are you a U. S. clllzen? [YJ
0 0 0
(exclUde PMI. MIP. Funding Fee financed)
k. Ate you a permanent resident eYen? 0 0
I. 00 you Intend to occuPY' the property as your prImary r.sldenee? [YJ
0 0 0
n. PM!. MIP. FundlnO Fee financed quoaUOnmbdow.
m. Have you had en ownership Inlerest In a property 10 Ihe la.lthree years? 0
[YJ
0 0
o. Loan amount (add m& n) 111,800.00 (1) Whallype or property did you own·prlnclpal resldenc. (PR).
second home (SH), or Investm.nl property (IP)?
p. Cash fromllo Borrower 169,915.33 (2) Howdid you hold WI. 10 Ihe _.olely by yoursell (5).
(sublract J. k.1 & 0 from 0 joinllywith your spouse (SP), or jolnlly wllh _.,.,son(O)?
I IX. AqKNOWLEDGMENT' AND. AGREEMENT ..
.I! "I t ,
.
).:
;' .
..
!;''',.I .. P,:
Dale
x; INFPRMATION FOR GOVERNMENT MQNlrORING PURPOSES' ,."
Dale Co·Borrow.(. Signature
'1' -.;J '1-0
'
/ X
Borrower'.
X 1t.1 .
Each of the undersigned specUiaPy teplesants 10 Lender lind to lend.... actual Of potanUaI acrenLs. brokers, procassOlS••Uamoys. Insurers, servlcer•• succeSIOI5 and assigns
.nd ogre•• ond edcno....dg•• thet (1)lh. InIormallon provided In 1hI. appllcaUon Is IN. olld corr.d as 01 Ihe date se' IotIh opposlle my .lgnaltJre end Ihel .ny Inlenllonei or
nl!()lgent misrepresentatlDn af lhis inlormaUon contained In OJI, may restM In dviJ dabWly, IndotIng mon.lary dam'Q415, to .ny per.on who ruy .uf/er any 50... due 10
tellance upon any mlsrapnt,cmlaUon lhal I have mad. on Ulis appiicaUon. andlor In crImIll8I penallles kdJcIng. but nollmlled 10, lina or Imprisonment or balh under the provisions

re,ldenUal morlOioe Joan: (5) the property win be oc.eupled 8. indlcal.d (6) anv owner or I.Meet of lhe Loan may verify or revarlfy any Information contained In the
appllcaUon from any source named In this .ppllcalion, Bnd Lender, liS successots or assigns may tetaln the ortglnalendlor ,iii" electronic record 01 this application. oven if the loan
Is not apPJDved; (7) Ute Lender and Us egen's. biobrs. insureJs, SeMC8lI, IUCceUOfS and assigns may continuously rely on lhe inform.Uon GOnIBlned In lhe appUc.lkm, and I am
obligel.d 10 amend end/or oupplemenl the ",Iormotion provided In Ihi. epplJcatlon any 01 tho molerlel 'ecls thel I hove represented heroin .houId <hInge prlor /0 doting or Ih.
Loon; (0) In ItuI ..ent !hoI my peymenls on tho Loan become d.lnquent, the owner or servlcer 0I1tuI Loan mey. In odellllon 10 any other rilihb end remedies thot Rm.y heve
releflng 10 such doflnquenq. report my n.me end account Inronnation 10 one or more consumer ....dIt reporUng agancles; (9) ownership allhe Loen end/or edmInlslnlllon 0I1tuI
Loan account mey be tr....r"'ed wlIh such notice os may ba requlred by law; (10) nollhor Lendor nor lis ogenls, broker•• Insure"•••_, __• or elllll'l' hOI medo any
reprolenl.llon or warrenly. expros. or Impll.d, to me regerding th. property or Ihe condition or v_oIl11e pJOpelly; Ind (11) my trensmlsslon of lIIlo applicallon o. an ".Ieclronlc
record" c:onlaJnlnq my "electronic algnelur.," as those lerms are d.,.,ed In applfcilbfe federal end/or Iiale laws (exdudlng audio end "ideo recoJdlngs). or my facslmUlt
ban.ml.-IM 0' th•• oppl/OIIl1on conlolnlnp ,. roczdmlJo 01 my den.lur_, .t.".,. ,.•.".cfJy-., lMIo,CIJlJW. and v.WId tu it -. pepe,v"'.'M of Ihb appJic.Ucm d.JJ",.,.d conJltlnI'ng
Ina! wrlllen lure.
The foMowfngIn'ormelfonIs requeeledbytil.. Fed.ral Gouemmenl for cet1a1nIype. 01 loInsreteled10. dwemngIno,d.rlo monitor !helender'. compQlncewllhequal credll
oppolluoily, fairhousingendhomemot1gagedlsclo!Urelaws. Youarenolrequi'edlofurnlshlhlstnlormaUon, bUt areencouragedtodoso. ThelawprovldeslIIataLendermay
dl.crlminal. neltheronthebaslsoflhlsInformalion, noronwh.lheryouchoos.lofurnishiI. lIyoufurnishlhelnform.lion, p1easeprOllldeholhethnlcllyandrace. Forraee, you
maycheckmOfethanonedeslgnaOon.lfyoudonoflumlshelhnlclly.race,or.ex,uoderFedoralregulallons,lhlslenderlsTllqulredtonotelhelnfOfmallononlhebaslsofvlsuai
ob.ervalionorsurneme.llyoudonolwlshlolurnlshlhelnformatlon,pIeasechecklheboxbelow. (L.ndermuslrevlewtheabovematerlallo•••urethallhedlsdosur....,lsfy
all requllemenls 10 which the lender Is sUbjecl under applicable stale law for lIle pallicular type of loan appRed for.)
BORROWER 0 Ido no! wlsh to ftKnl.h Ihi. lnIormollon CO·BORROWER 0 I do not wish 10 fUrnish "'10 IntormeUon
Elhnlclly; 0 HI.panlc or Letlno Not Hlspank: or L.tino Ethnlclty: 0 I'hpenleor Latino 0 Not H1sponlc or LoOno
Race: OAmerfcanlndlenor o ....ian olllecleor Race: OAmet1canlndlanor oA.lan oBlec:kOl
Alaske NaOve Alrlcen Am.rlcan Alnka Nali.e Alrlcan Americ8n
o Native HaweUen or Whll. 0 Native HawaIIan or 0 WhU.
Oilier IsIar1der Other PIlCM<: l.landOr
Sax: @JFameJa 0 M.1e Sex: 0 Fern. 0 Male
To be Completed by Inlervlower Inlorviewer's Name (print or type) Name and Adelt... ollnlervlewer's Employer
This application was laken by: V ctor Parks Pacific Mortgage Consultants
o Face-Io-face interview Int ( Sgn 00 Larkspur landing Circle #275
OMaM Larkspur, CA 94939
Telephone (P) 888-615-5693
o Internet (F) 310-496-3256
Freddie "'eo Form 65 01104
Calyx Form 1003 Loenepp3.frm 01104
COmpute...•GteI1et'dted
Ht.Uldwl'lthm W0:3pege 3 014
F.nnI. Me. Form 1003 01104
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 48 of 50
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EXHIBITC
-46-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwrifuig by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 49 of 50
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File Order
L.eft Side
• -Conversotion Log
• Cc?py·of CC?nditlC?n5
• screen
i Lock-in' ogree/l)lmt
• Lock-in
.. Copr Package
-47-
, . S!cfe..;
• Underwriter App,rovol
• Underwriter Worksheet'
• Quality Verificlltion &
.' boc;ument:. Q'lec:klist .
• Employment

•
• Copy of GFE &Reg Z .
. :.
• Original. LOan Pocl<age
,.
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Case 2:08-cv-01550-VAP-CW Document 40 Filed 04/17/2008 Page 50 of 50
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EXHIBITD
-48-
Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 1 of 50
·.. .•.. ':.....'... "....
..',' .
", ..•..-..
Hi Maria.
".:I!!e

11103/2006 03:21
To "Marla McLaurin" <Maiia...MClaurin@CountryWide;corn>
ce
bee
Siil)jeclijl'ttll.!liWs.usJlanse fromCollntryWide
Here is the suspe:lse issued by Countrywide. J\gaill; we just need a st:atemer:t or
9uideJ,ine showing that the FuLL¥, Executed 'Pu'rbhase Agreement is reC[o.1
ired

for FinaJ, J\pproval.
Thank you,
;J. R. Lloyd £or Victor P<l;rl<;s
21'5.5353


'Allacl\'ecJl; PDF
\
,.
-49-
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 2 of 50
:rmoCT 262004 10:54/S'T. :0:53/110. 6334870m p
Branch t,
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LOail,A\Ir1II1'lor '81'1'373"5' liaa eM fiil).O',;;1."'<;l:t1DU .£o.r Nivn:SAMMlf<
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-51-
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 4 of 50
•..
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in.com;.; .. .'
11/06/2006 03:22 PM
To [email protected]
cc
bet
Su!>i:ect-
Maria,
I would really appreciateyour help, as we-are onIyaskinQ
... lfYOI;thave any qiJestions please let me know. Ifit i§ acol':lptableto
you ,and fa)(ittp 21'3-'44'3-2910.
<:<DOe;PtlF»
Moe KEishaVilf:Zi;lBsq.
Sheppard LLP


DireClUrie: 213'61'7..,$5414

Email:
'J;'pi's l11e!-l$g,g¢!L$ l'l+W is
.YQU thiB"'brapsiniossion in error; ..
oQt:ify the pr ando,eletetbemessa,ge and any attacrunents,.
a1etliti:!:t &:
-52-

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Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 5 of 50
2
&BGLARATTON'DP:MAR.IAMcLAURIN
1, Maria
3'
:4 1. Lam the bJanch ofCountrywiae
5 Horne Loans, Inc" the'branch thatptocessecl Ms.:Samaan'sloan (loan number 81737375).
6: ,In oratoundOcto'Qer 14, Satnaan's loan because
7 CountryWiqe,qadnot re.c.eived pUJ:dlaseagreemC::ut.
8 heret.o as Exhibiit'3'Ois airue ana correct cppy,of1:heletier that Countrywide sent
9 JO Ms. Samaap.'s broker, Victor ParKS.
lQ.
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Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 7 of 50


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Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 9 of 50
75:0 Lindarb
$uile·ttO
San Rafael, CA 94901
-=...
r-..
Phone:

AMSRICA'S WHOLESALE
Maria McLaurin, Blanch Manager
It
f'uFtom:
Pho...
•. COmments:
••Notice: •• ...strictly
•.
•.. you are
herebynotifled fQatatlyuse·oftheinro .cohtainedin.• oruan13rtiltle<jWifhtl1ecornmunication.or
". COil1m ". ' ..
. . ... . or telephone and
""Phanl< YOu,
-57-
41 · M·.•· ·..'!JI.

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I
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 10 of 50


S,AN RAFAEL CORii'OR",T?
159' St,lI'TEIlO
SAN 94901
(41'5} 257.2700
(415) iS9':'0llc6(n'Ax
November 6, 2006
VietOl'Patks
Pacinc Consultants
Re: Nivie:Samaan
SI737375
J:>t6.perty ]»t
BevtrlyHilis,CA 96212
Mr.,Parks,
This'is to confirtntbal
tnorma:ge appiication 6n;ora:r:<lUod' <)cto,bet 14, 2004. 'the
acqp)' ,of the {tiny

, ,


Ma.riarvle)jaurin
Map,ager.
-58-
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 11 of 50
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·cip.i:riItion
Data,
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PIA
723
Thb :llJl!I;;:tsu .•n stlhtwl!:P' uriU.l the £o11o"i ng in'fo¢ft\ation il!l p'I'ovide<l. 106
lQ!2$120»4. If .... do riot re"eivc itbyt;.hat da1;e<'; •..,. 1IlUSt: ·6i,!):ii)t"'l\t/ file" iot. llberi "10, t:eejOi ve the irlfoL"1l\lltl;on, we "nl);oVi"," t!le£ile J!E!l:" tiilither
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Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 13 of 50
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EXHIBITE
-61-
Notice of Samaan's Fraudulent Loan Allplications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 14 of 50
0,01: :lot 01 10: 24.!,.
.--.
,
"--_.-..
C'C:(Hf'/@,isll)tl;;lii.: .
CA _
'" iu:'u.'pi"",.t1r..IO'7 ,'.
The< . .-ldr(l
((' .'!yl
l1r;itlp'itj'U!tli)ifYr"" tlltiJl!.'I:'W· . '. '."". it.v
Il""/Ju"""wu(:i)

"''ilrpl(rl'pS{!" "fiJ,•• 8rlikerIJIIJ/
QiQ•.
.!!ilrr'rwi'rlN'I(J·I"rtJj;i!/jilnmrfJli.'i<','
bu:llllitIlIllWf'AWt.iiiriiled(n thejfllk.;>ing: .'
P"J'Sl1/b..,'lii"'"i"l:
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Jt'.I·mnt:. .. (IRSFllr", I/)4Q)
eU11IU'n.'Wp ill.>: XijfS 10'6S)
Cpr,pllrtit.rr Tax Jretllrnl:(ltl'Sl!tlrn;Jt2nj'

. .
Bii.,;,1<'.•.• RallJ1lI:e$h"ru St(JIL'riJt/.nl·
. .
.
fIi'IIe,ln ..."nr ,Jj'nan.vdlli!,Llmd"TRI'V',r'!'1"Ih:
iJic.bofrq'wU-(:');lllprovli!e or!g}>uJ 9{;:1Ztttiu",.,·t/n.i1i4.fi
r
,y,'llI:(1,p'{,:<I·vo/P".'?(ff"";I1i/.1li'ifl/;
/ti;lul/iwlrrI1K"i/
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-62-
I
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 15 of 50
/
PudHc MottWtlt\· C\ln

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rnurllllpl«kllr (3) ••,l" I>/' fudiiJit,' ptr/urmnturpNi.bkdby,,," In tbl' 1""1i,,.
A,rplit:unl
City. Zip
#13
-63-
,
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 16 of 50
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EXHIBITF
-64-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
C
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YellowPages search - Searched for "Spellbound Enterprise" in the "Los Angeles Greater" Yellow Pages directory on SMART... Page 1of2

YOlP' online Yellow Pages - and morel
SM
Ad. hVCftMI.
Sold In Marina dol Rey . IIHoma for Salo wilb a Bpat
s•• yout MIlrlnll d.1 Rey propaI!Vr......p d_Sold by DockInV_Ill CDWlty Marinos HOIllC8 wIIl1S..cIl ....
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'.
I Home If Address flciok If If Business Guides 11 ot,.GuJdes 11 lIfe.E1Ients 11 shOpprng'Guides !
o Business Type.l!.Ql{B (!i Business Name City (or ZIP or Area Col1e) .. Search Nearby
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http://www.smartpages.comldirectory/search.jhtmIJsessionid=EUKVINNSDQOC5QFI4GDA4CQ?QueryType=2&QueryString... 10/612004
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 18 of 50
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EXHIBITG
-66-
Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Undenvriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 19 of 50
I
Addltlonal p",pcrty Information
IIunlHr ofUnlts _1-=-:=,"",,=-
Seleo Price :: 1,718,000 9
AppralsedVolue S 1,718,000
Property Rlghls

oLeuehold
LlenPoslllon
E/lFnIMort_
Arnlll8l/ F"1lWlCOlg
s
indude balance _ t1'r:dIt Iinll)
OS_......;o
If SecOIId Mortgago
Ov.ncr 01fIJst MonO.D.
oFlllnle Mae 0 F...tdle 14.
OSalw/Olher
OrigNI Loan Amount of first MoIlOags
5
Loan Purposo
Ii1JPurchan
OCosI><ltJt Rrinance
Ctsh-Oul Refinance (Fannie)
oNoCasMlul Rertnan<e IF-l
OHome Impnl1l1,ment
OCtn_loPerm.nelll
Orlglnato, Buydown
DS.le, DYes
!i1lBluker !i1lNo
DCo""'l'OIldell/ Terms _
BrcllerlCorrupondenl Nam. and CornponyNtrne:
c c Mort e CoDSnltan
80mlwuNtme Niyle SamalP SSN . 568-57.9489
Cc>BonoworH..... SSN
flroPG/IYAddm. 320 S. Drive. Beverlv Bi!Js. CA 90212 ---------
Proporty Type Project ClllSSIRcatlon Occupancy Slotus
OAIIIlCondo oEPUD 01 Co-op 6aPrinwyR.sldenoo
o2-4111ll1s 0l1li1 Coodo OFPIJD 02ClHIp oSecond Home
OCllIlllomInllIn DenCondo Olnve.stment Properly
OPUD oCo-op Pllljod Name _
oManuladln4Housing
oSlng1eWIle oMullWdo
IlL M0r!Qape.lnfonnaUori
Loen TypG AmoJ1izaUon Typo
!ill Clll\VenOonal 0 F1xofl.Rlle----McnlhJy Paymonio
OFHA oF"lQd.Rate-8iweekIyPaynlents
OVA 0811_
OUSDAIRHS 6aARM(Iyp8l ..,5""Y ... _
DOIha'Capecilyl _
NOle Infonnatlon
OrlgfnalLoonArncunt 5 1,374,400
InlIial P&I Paymant ",5 ...
lnllial Nola Rat. 5.500 .,.
loanTtml (In mDnlhSl _ .... 3.. 6"'0"-'''''36:;0:::....
. uniform&derwriting and Transmittfsummary
. It. Bonowetiliid.PIOPei!)' liiforinatlon . .... . .
ilL Underwillln .Inrormellon·
,..

s 811410
s 10.i.l9.38
ID 4"
s
s
Appraisal Company Name
Property Sclepses
All ()the, MllllIIIlyPaymen\S
Tolal AI Paymlll\lS
BOrroMr Funds to CI....
Rtfl\Ilred
VedI!Id_
PruenlHouslng Paymont ,,5_.... 3... ,3..9""0.., ..... 00 .......
ProPOIIed Mon!llly payments
Bor!'!wfe!s PrimervAastdence
FIBl MoIlsaaa P&l 6,299.33
SocondMonaaoeP&1 ID"" 1.128.60
HlIDInf_ s 400.87
T.... s· 1,789.68
Io\DItaaatllUllr.lnce "s _
HOAF... ...' _
Le.....Ground ReI\I :-$-,q!'n'S'JIll"iil'1r-
='P....eryHoIlolnD EJp!nSe "':-9"'"i08'f-:::;"'8:-.3==8-
OIIter Obil:ioM

SouratolF _
No. or MonIhI Res.,...5
1nI!I1I_party ContltlrllloN
COlMlunlty LendlnglAffonlablo Housing l.uu.uve Dyes EllIIo
Hom. 8uyeJSlHollleownershlp Ecluc.llon Celtln..... In ftle DYes 1!11 No
J.- I·· .....el..
EscrowIT&!)
ONo
B_ Co-IIll/IVII8/" Total
Base Incamt 33,333.00 S 33.333.00
otherIn_ S

$ $
""bleclllftlll8llYl
s 33.333.00 5 33.333.00 Totallncom.
Qualilylng Rallos Loon-to-VDluo Rallo.
PdmlllYHllus-.vEaptnsallllcome : 28.866. 'lO LlV 80.000 'h
TotaIObII!PIionsIIncoma ;1.'1 3J4jis 'lO CLlVlll.lV 90.000 II
DeblolO-llousJngGap_(Fr_l HCL1V1lill.lV I;
RIsk Assesoment
5IlMuval UJlIIIMIlIIno
OAUS
000 DLP OOther _
AUS_endalon
DLJ Cue IDII.P AUS KeyIl
LP Doc Clan [FrHdI.)
RepresentallYo CrlldlUlndlaal... S.......7 ...2='3=-__
QualJ/yIng R.ato Level 01 Pnoporty Ravlow
E!lNlIIeRIIe 5.500 % E/lExleriottlnlorior
o ''\ Abo.e Nole ReID OExiariorOrdy
o % BelOI" Nole Rale % 0 No A/lptal$ll
'/0 FOIIIlNumt>er. _
OOlher %
D.... _
Seller Name PACIFIC MTG. CONSULTANTS ConlJlcl Nama BECKYKUCEM
SeIerMelius 700 LARKSPUR. LANDmG om CllIl\Idl1lle sa LOANPROC§fl§DR
LARKSPUR. CA 94939 (}7 Contact Phone IQrllIer 925·242-9000
Seller No. ......torLo•• No, _
StllI' ....... No. CollllclSIgnMUre _
MastarCommMmIlllNo. _
ConInlet No.
FIllddIe Mec Form Ion 01104
Calya FormT'onwm...2004.1rm 01104 Page 1 of1
Fannie Mn Form 100a 01104
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 20 of 50
$ '(Il) "
cD) IIllUtbe CA)
. '.
,',
(A)
.....

. ..l'rl...
'$'-._---
s'Y£'DA>A>

,-. \ .
NEEDEJ)../ cAmOtl'J,'
. cdr",. «,lite)'
I.Iq\lid AII.a:i
"$
$
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... ",. ..... .... . . .

. ., •.( ......-. '., .•. P.R;ICF4lXISTINGLlENs,s,''_ _
".:,::. , ... : $,
. .: .. ,', ' .. ," .. " . .
., ; ... "; ". " i: -:::" COSts, $'...... _
.. ..
, ".: .' ,....: -" ·SEl.LER'S CREDlT:S, _
:,; :. _
• '. •• ...." f," ';,. r.\\• •v:,·, ••... •
, ", .',:
...,' ? .. Be\.!'>:. .:. _
$, -""'_
s
",
"
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 21 of 50
2. Does dIl:nllIllUrlhc.t1... (PURCIIASE)iowaer (1ll!JlI) lOlttllonw:hoflhcfollowillCdotamall>'
WRrlETHESI!lLEIlI9WNERNAME BEI.OW: •
L Slbl:onlml: •• ApP1OlJIl:
.. TdlrlPRJlIn: 4.
(1)pICl!lythlllnfoSlllll1ionis OIllh..obedale BoflbolldolPrellm.)
ICIll. DI.... do DOlmotehJ!l'Oride.. IdlqlWC_lutlonlllddooll....L IC_I... _nO, c••I1<1 thF....dlIotll...
Resolution: _
3. FlOlDtlUcJprdlll\orCU1ES:
.. Yl!$__ NoL
b. WImt It !bereoonIaI dale lIte_o........1lI/0Dd title 10 Ill. pI1lpClI)' .., Provldedala or"tlTD" (U1lIb1o to Pel......)
D. n....le to dClorrulu leqaisiliD. mit, indiCllocbl••r........lI••ltp.. ---'.." v
d Udccd is "'I1l1mIlOtraNrertltletollteRUctlOWDCr, ""IQisiIiDndileor_monpPBJess Ihen61l1OnlbspriorlOlboQllJ1lllJ tnIandloll,or...61.
t."dmrrl.o...rd... U·...alltclWnoCdd.JqlOll. lItYl... forpos.iblolli",filUowLomdFlippdcllnrsillWIDP&P. Explllo.ln1lesololiDn. 1/
u....101. raol"", ..lIlDel the FraudH.tIIn..· •
Ru.,.U.n': _
QaP!!Dn5 MUST be mmp1d!!11rt tht Apprrtnrllnd!!!!!llsr. JuI,,, U.dU'!!l1'v, or FaadsrlCJa.
EMPLOYMKNTRB-VIlllmC\1l0Nfilrall NmIll emplO)'lllOlll (includillCbaslacss Idc:p.............. forodC"""I'loycd ""'"'-')_ for
qIllI!iGo::oIi... MllStbovorifiod.....,. (lIequ1rd•• aIllolllSucopl NINAID4co.n' &E)
N.t "'l"lIldf.r .. ... bas b.... q,nEtI. tlDpl.,..."llilleellt.lasl.ppUcatlon.
I2Il&mm. .41<... CMO!l!\OWI!R
S.lilIlploYDlCllI phD........... co -, r 1ltJtL..i. 5.1lmp1oymen1 pIl_llIlIIlborwu .oaliralal1htw&b=
(z,J-'1 ,,-
e) S1ritchboo\'d.eQnl ,.... K • c) SWiIohbooRlCOlll
01) Rdilal d) Reliral
0) Dlubillcy Ll '2. I "'" /"1 "..1 .) DisobUI\r fr'V
I:!l> Ollla: .. Of I) OIhcr::---:=:=:-..;'..;... _
F.rW.1WopE1saer ONLY '.rW·1W"C.EInoerONLY
iIDploya'CIOJl....ealIIiYecollladc!: Employcr'.n:preomfillvocoalatted:
NAm. Nam. _
TIll. lItt. ...,..__
Dlto.fCoolzct lh1oorC _
IilIlploycd lIIU lim.? Y"__No__ EmployalIilUtiIIIe'lY" __No__
D>lll Emp")'IIt<IIl SlInal: _
IIorrowv'tJo1>TdIe: lIom...... _
Uuoal>Io1O....va\lY oruploymeat, _11'Qllll Hollin. for MsiIIaooe If_bl. to........'" 01IJI1oyDlcot. _.mudHow.ofor AsslI_.
nenlllll•., IIasoladon: _
For SBLF.£MPIPYBDBORROWEIlSONLY
Il pkoao IIlIIObcr not IbIaI, MllS1' nrI/y lit. omplo_t will> r"
1'"'11'*"-11••
IdaIIIIY,.. pIlIy doenmenI.otilOl usa!:
, ...SELF-1lIIm.on»BORROWERS ONLY
Il p1>oDo lID""'" not lisIal. 100 t.llm'llOrifJ !be oruplll)'DlC;OlIViIll r"
putydoooraeoIolioIl
ldaldIYr"JW\l' docIuDeIIollot> IISCII:
BlIIioasNutc
.IloaoNIllIIber====
PTCCblClc:
Ilole:,::======-
Br._
Coroplolo Hoyt prior.o dollftc •
BaiocssNotoe _

0Ilt:,,--=:====- By._
CompII.l.3d4rs pJlor tit dosInl
urw u.r
DOC _
.F\mder,-__
Aadito> •
RiiV:I11lJ03
_ J
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 22 of 50
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 23 of 50
• l'IIIlnwwiU1ln 30day, of HJoan IsdeIllid
· . . • . EnlndllipnlVldedto IluUlass PsJlner.
ECKEDOM NOTICE OF ACTIONTAKEN . UM'OF4)7
AlID,PHDIIEIII1l"BEROF CREDIT DISCLOSED ONTHEIIOTlqE •
· . . . . .
• •• •
.... ;. :1' '., .
. . ' .
y.. .. :.
Dilte:
Date:... ---,....,
'.
"
.0..
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 24 of 50
10/13/2004
10113/2004
NIVIE S2\HllAN
ISSUE DATE:
DATE:
BORROWER:
CASE#:
LOAN lI: 81737375
PROPERTYADDRESS: 320 S PEeR DR
BSVERLY HILLS. CA 90212-3715
Amerlca's611lSa1e Lender, Itself or as agent
for eountrJII"llfe Bank, e DivisIon 0' Treasury
Bank, N.A.
Brucb t. 0000'33
750 LUlnMo 8'l11SZT STE 110
$)J/ I\APAEL. CA ,.,01
1415)25'-2701
8e Fax No.. IUS) 2S.-e8"
LOAN APPLICATION
DISCLOSURE ACKNOWLEDGMENTS
AppllcaUon DIsclosure Handbook
lNJe acknowtedga receipt of the Appllcauon Disclosure Booklet and further acknDwledge the following:
Affiliated Buslnass Arrangement Disclosure Statement
lNJe have reBel the Affiliated Buslneas Arrangement DIsclosure Statemenl lJWe understand that the Lender Is referring
me/us to purchase seWement selVlces flOmproviders with which It Is affiliated and may receive afll'lanclaJ or oilier benefit
as a result of this referral.
Servlolng Transfer Disclosure
INVe acknowledge recelpl of the Servicing Transfer Disclosure and Understand Its contents, as evldenced by my/our
sfgnalure(s) below. llWe underslllnd thallhls acknowladgmenlls a requIred part of the mortgage loan appllcalion.
Hazard Insurance Requirements
llWe acknowledge receipt of the Hazard Insurance Requirements and understand tIlalllwe may obtain property Insurance
from any Insurancecompany that meets the Leneler's requirements,
Noticeto Applicant RegaJdlng nile Companyand ClOSIng Agent
lIWc Clchnowlcdgo rooclpl of the TIlle Company and C""'1ng Agent NoUoc and Golcollho following option (plca:lo aheol,
one):
B
Agree to aBowllIe Lender to ordertKle.
Choose to select the folowlng closing agent:
Name
Address·=---..---------Cfty State ZIp __
Title ColllianY _ ...... _
Borrower's Certlncatlon and AuthorlzalJon
lIWe acknowledge that IIwe have read and understand the secllon entilled, "Borrower's Certillcatlon and AulhDlizatJon."
lJWe give my/our. consent to the lender to provlde my/our loan appllcallon Information 10 any InVestor and/or investor's
affIlales In conjuncUDn with Ihe sale of my/our Joan.
Notice Regarding IRS DISClOsure
lNJe acknowledge redelpt of the IRS Disclosure Nolice andunderstand llIe Information explained in the piece. llWe ceIlify
that the tax retums submitted to the Lender are exact duplicates of 1lI0se submitted 10 Ihe IRS. I/'Ne give mylour express
. consent to the Lender to communicate wfth the IRS conceming any cfiSCrepsncies end to give the IRS copies of 1he tax
retums whioh Vwe submitted to the Lender.
Consumer on AdJlI$Illble Ral8 Mortgagas
If lIWe applied for an AdJustable Rille Mortgage. f1We acknowledge that I/We have read and understand the secllon
enlllled. "What Is an ARM?" .
HUD Booklet
If f1We appUed for apurchase loan. l!we have received acopy of tM booklellitled "Buying Your Home: SeWement CDSts
and HelpfullnformaUon.·
Home Equity Loana
If I/'Ne appliedfor aHome equItY Una of Credit, l!we have received acopy of the brochure titled 'When Your Home is on
the line: What You Should RnowAbout Home Eqully Unes of Credt,"
Lender _
-72-

• 0 a 1 73 73 7.6 0 0'0 00 2 D 82 3 •
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 25 of 50
LOAN#: 81737375 .#:
Lender: Amezo1ca' I WholesaJ.a Lender·, itself or agent for
COl>Dtrywide BaDII, a Div.ia1on of T"easuxy aank, II.A.
Address: 1199 North Fairfax St. St•• 500
Alexan=1a, VA 22314
Appbnl(.): NXVIE Sl\HMIl
prepaz"., GBllALI> .IIIGJIAlIllH
GOOD FAITH ESTIMAJE
SaJes PIlc8: 1,718,000.00
Bual.olnM1DuPt 1,374,400.00
Total LoIn """"lilt 1,374,400.00
Type of Ulan: COIN UNINStlREIl
Da.. Plapanut 10/13/2004
YeAX'S
Praparty Addno..: 320 S PEel( Dfl
BE\lERLX HILIoS, 0. 90212-3715
Thalnlollll8U.n provIded bel.wreOects es1IlII8los "I the cluIIJlos which you lie IIk.1y '0 Incur lithe selllomenl of your loan. Theleos
IIstod .leesllnDl..... lhe.ctu.l.hllflcsmaybllm.ra"rl.os. VourlnlllsatUonmaynollnvOlvealoolOreYlllYhom
Tha nlllllllels lIstod beslda fIl. astIrnaIllS genolllllVCllII8;SPDnd lD II. nurnbaledIln&s cunlelnod In th.. HUD-l s.lIIe/l1lnl $lelemonl which y<uJ wIft
be IeceMngll.wttleInenL Th. HUD-1 setllemtnIsl*monllOlllllhowyau lhalduol lorll8ms paid.. ielllemanL
1n1enstra18 5.500 • T..""olloan 30
1BOO ITl!MS PAyABlEINCONNECTlONWl'nl LOAN
801 $ LoIn QlgNUon Foe 0.000 %
802 S LoIn llbcz>unl %
803 $ a no AppdIsaI --------
804 $ 0 ad CIedIl Ropoll
80S S 0 on Land81's Inspacllon
806 S . a PO MoIl1ll9.llII\lIIIlIca Applcldlon Fee
8lI7 S a 00 Assumption Fee
808 S n on WlIIIlhouse F..
809 S 5.. 00 PIO_lIng Fe.
810 $ .0 on Tax SaMca - .dd 7.0: Tax :semc:e 'rovidu
811 S 26 OP AoodCbedtFee - Paid TOt Flood Suvico '<ovi.."
813 $ 0 DO 1Mno7lansl.,
814 S 0 DO 9uydDwn Expense
815 S 0 aD reend1llO ...y he pUd c:e broker by landor in <&1\90 of O-ft
816 S 490 ao Undorvdtltlt1 r••
817 S 225 on DoCUlUnt l'nP"'ntion-Lendee
818 S -- 8rok.., Fe.. --
819 $ 050 aa Brok.r FQl.l AppeaLs.l
820 S Jl op cred.lt Report
821 $,,'" 00 Broot Pointll
822 S
823 S
ISPP !!EMS REQUIRED BYLENDER1'1) BE PAlD IN ADVANCE
801 $ ',213.00 _J_O__DaysI_OS 207.10 /Day
902 $ D.OO Convonfonal PMIJFIfA Upollonl M1PNA FundIng !'eo
903 $ D•DO HluaRlIn.....co PI.mtum
804 $ d. dU Flood Xn:rurMCC !re.a.
905 $
11080 RESERVES DEPOSITEDWI!!! lENDER
Flnancod $ ==== PaJclCuh$
1001 S D.OO _Ins...... __D_MonthaO $ __ .... hnonlh
1002 $ 0.00 MorlgagelnslllDllCD __O_MonthaQ!l $ O.DD_III
1003 $ 0.00 Taxos ---l!..M..th.O $ 1,189.67 IInonth
1004 $ 0.00 Taxes __0_1.1..111,(11 S 0.00 lmonth
1005 S O.OD Texas __D_ MonIhsQ!l S 0.00 ImDnIll
1006 $ 0.00 __D_MonIhaO S 0.00· /IOonlh
1007 S 0.00 J\ggrvgaleAnalya!sAdjusm-nt
11100 'TlTLECHARGES
1101 8 1,250.00
1102 6 6••6
1103 $ 0.00
1104 S 0,00
1105 $ 100, DO
1108 S 125.DO
1107 S 0.00
1108 $ 3,"&.DD
1109 S 30.DO
1110 S
1111 $
Qasklg or EocrawFee
Absnd or'l1h Soan:h
1l8a EumInaIlon
llleln.-lIInder
DoCUlllelllPrapll1!tlon
Notay
AIIomayJSetIJomonl Aglnt
llUolnsur.anee
eoueln/bpeo.. H.1l-C10rt<J
11g GO'IERNMEN! RECORllING • T1IANSfERCHARGes
1201 S 100.00 Iloc:llIdIngFeu
1202 $ a•DO CIIyICounIpTIllIS......
12113 $ O. GO SlalaTIIll/SIemllS
1204 $ 0.66
11300 ADDmONALSETTLBIENTCHARGES
1301 S 0.00 Survay
1302 $ • ••• Pesllilapeollon
1303 S 6.00 Hall and Septic lank Inspection Pee
1304 $ O.D.
S 27.407.00 TOTALESllMAT&DBORROWERBETTU:MENTCItAIIGES
"S" _ to an II costl. be palcI bf SelIor (Nollnclllcfed In lh&lolaI).
"POC-L" nmto IIlIIIMI dasIgnaIis a-'pald bf tluI LandoI (NollnducladIn the ta1loJ).
"POC-B' nllXllo ""ItemM,IgnaI•• a COSI pald by tile BoIlowet (Included Intho total).
"UndOlnoqul,.., the u..of apaIllcIJlar IllO'o4dertorlhls 1lIlllemonI1aMca. S..1IIaclled.... fllIdIlonallnlOnnollon.
FIWIINCONV

2041Dol.lSI-lld) -".",ral2
----
I
'23991"
-
" D B 1 7 8 7 3 7 5 .0 0 0 D 0 2 C 4 1 0 "
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 26 of 50
•
'IOI'ALES11MATED RINDS NEEDED'Ttl CLOSe:
S 343, 600. DO Dawnpaymllilt
S 21,194.00 Es1Irnratad Closing Cosls
S 6,213.00 Eslfma1ed P18pa!d Uoll\!lRuHIVO.
S Olhor
$ Anancad PMIIMIPNA Funding Fee
$ 371,007. DO TOTAL
•
LOAN f: 81737375
'TtlTALES1IMATEDMOImiLY PAYMENT
S 6,299.33 Initial Only
S 1,789.58 Tans
S 0.00 H_rd& FIaod I_co
S 0.00 Marlg3golllSUl3llco
$ 8,098.91 TOTALMOImlLYPAYMENT"
',J;J
'lIt_estlmates of closing ,a!>lS '''0 provlded pursuenl to1he Real Estale S,IIl_1 PrIIcedurea Al:I (RESPAj.1I your 101/1 lIJIpllcaUan ll'
far s DmUen realdenllal mlllll/llse and Is modo In DtnmseaUan 10 p\llChose a home, oddlUonallmpoll8hl Intormstl8n CIIl .... found In the
tnIDSpeclallnfonnaUon Booklel provided 10 you byyaurlender ormollgoge broker.
DISCLOSURES CONCERNING REQUIRED USEOFSETTLB1ENTSElMCE PROVIDERS
If 011 estIlI1lllsd cha'!l. shown an poge 1 I5ldenlJlllld willi D dlublo aslerlsk r'), tho lender requlru lIle us. 01 a partlcalar plOVldar ollhal aolllomoni
sGJVIco. The esUmllllld charge shawn Is bUIld on th. chllllJos of the deslgnelad provlclor. Tho I1Ila1Jonshlp balwo8n tho lendo, IlI1d tho satUomonl
IIJVlce p1D\'ldor II that fila lender has ..p....dly UlOd the provide.....aIVI... In tho pat. Tho lond" may dacldo to cha_ a dllIorenl pmvldor. tho
HUD-l or HUD-IAsIalemonlglvan 10 you .lsaltlam9llt will disclose tho pllllllclerUSlld.
Reserves deposited with may not inolude a proration of taxes due seller or a
credit due from seller at closing. For proration caloulations please consult your olosing
agent. •
• Do.. nallnclude OpUoI\llIInIU/UllC8.
Appllcant
IlIVn BAHlWI
Applk:anl
Data Appllcanl
Dlll8 Applicant
-74-
P"lla2ol2
Oal.
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 27 of 50
•
DATE: 10/13/2004
BORROWER: NIVIE
CASEI:
LOAN#; 81737375
PROPERTY ADDRESS: 320 S PECK OR
BEVERLY BILLS, CA 90212-3715
•
America's Wholesale Lender, Itself or as agent
for Countrywide Bank, a Division of TreaslUY
Bank,N.A.
Branch " 0000933
750 LIIlIW\O Sl1U!21 51!: 110
SAN I\l\PJIl.L, CA
PhODO:
B. Fox No.: (415) 25'-08"
.,
ADDENDUM TOGOOD FAITH ESTIMATE
You have the rlghtto freely sel8Clthe pelSOn or organlzallon rendering Insurance services (as an ·broker or underwriter).
except Insurance or aguarantee provided by agovernment agency or pllVIl!a mortgage Insulilnce.
We do not fellUlle that any particular provider or B/fiUaled group of provlders be usedto provide legal servIce, title exemlnaUon
services. tills Insurance policies. or seUlement services. However, we do insist that the provider you select be approved by us.
OUr desire Is lD ensure that any providers of these services are reputable, knowledgable and possess the flnanclal strength In
support any claImagaInst tha title 10 plOpeny you are ollellng as seC2lrtly for thls loan.
.We ale 8lfI1laled wllh LandSafelltle, a provider of title Insurance and closing services. Under federal law, we may not require
you to use the services of Its affIllaled companies. You ale lree lD select Iheseivlce provider thai best sub your needs.
It Is Importanllhat lIUe Insurance and selllement servlces be comPleled In a timely manner. Acoordlngly. as soon llll you have
slgned a pUR:hilse agreement 01 have compleled a mortgage Ioen IIpflftcation, you should c\loose II IIUe Inwrer and clos.r.
Pleae use Ihe allaohed form \0 designate your liUe IlIS1Jfer and closer, so thaI IVB mayverily epPlllval.
AppIt:anI
NIVIe SN!MIl
0.10
•
'238'"
-75-
--
'081737375000002C607'
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 28 of 50
•
P"paroc! by; GERALDINSRAHMl
DATE: 10/13/2004
BORROWER: NIVIE SAMlIlIN
CASE#:
LOAN#: 81737375
PROPERTY ADDRESS: 320 S PECK DR
BEVERLY HILLS, CA 90212-3715
.. ~
•
Amerlca's WhollisaJe I.ender,ltself or as agent
for CountTywlde Bank, a Division of Treasury
Bank, N.A.
Branc:b .: 0000'33
750 LDllllUlO 871\1!£7 S'fE l1D
SAIl IW'IUlL, CA SUOl
Phone. 14151257-2701
8. Fa. lIo.: IUS)Z59-D866
SERVICING TRANSFER DISCLOSURE
NonCE TO FIRST LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN
PAYMENTS MAY BE TRANSFERRED. FEDERAL LAW GIVES YOU CERTAIN RELATED RIGHTS. IF YOUR
LOAN IS MADE, SAVE THIS STATEMENT WITH YOUR LOAN DOCUMENTS. SIGN THE ACKNOWLEDGMENT
AT THE END OF THIS STATEMENTONLY IFYOU UNDERSTAND ITS CONTENTS.
Because you are applying for amortgage loan covered by \he Real Estate SetUement Procedures Act (RESPA) (12
U. S. C. Secllon 2601 et seq.), you have certain rights under that Federal law. This slalement tells you about those
rights. It also teUs you what the chances are that the selVlclng for this loan may be transferred to a different loan
selVicer. "SelViclng" refers to coUecllng your princfpal, interest and escrow acccunt payments, If any. If your loan
servlcer changes, \here are certain procedures that must be followed. This statement generally explains those
procedures.
TRANSFER PRACTICES AND REQUIREMENTS
If the servicing of your Loan is assigned, sold, or transferred to a new servlcer, you must be given written' notice of
lIIat uansrer. llte presem loan servlcer must sena you nonce III woung 01 tile assignment, sme or transler or me
servicing not less than 15 days before the effective date of the transfer. The new loan servlcl!r must also send you
nollce within 15 days after1he effective date of the transfer. The present servlcer and the newserviller may combine
this Informallon In one noUce, so long as the notice Is sent to you 15 days before the effective dale of the transfer.
The 15 day period Is not appficable If anotice of prospectivewnsfer Is provided to you at settlement. The lawallows
a delay In the tlme (not more than 30 days after atransfer) for selVicelll to notify you upon the occurrence of certa'n
business emergencies.
Nollces must conlain certain infom7aJion. They must contain the effective date of the transfer of the selVicing of your
loan to the new servlcer, the name, address. and toll·free or collect call telephone number 01 the newservlcer. and
toD·free or collect call telephone numbers of a person or department for both your present servicer and your new
servJcer to answer your questions. During the 60-<lay period followIng the effective dale of the transfer of the loan
selVicing. a loan payment received by youl old servicer before its due date may not be treated by the new loan
servicer lIS late. and alate fee may not be Imposed on you.
COMPLAINT RESOLUTION
Section 6 of RESPA (12 U.S.C. Section 2605) gives you certain consumer rights, whether or not your loan servicing
Is transferred. If you send a "qualified written requesr to your servicer. your servicer must provide you with a written
acknowledgment within 20 busIness days of receipt 01 your request. A "qualified written request" Is a written
correspondence, other than noUce on apayment coupon or other payment medIUm supplied by the servlcer. which
includes your name and account number, and the information reganling your request. Not later than 60 busfness
days after receiving your request. your servlcer must make any appropriate correclfons to your account, or must
provide you wfth a written ctarifIcaIlon regarding any dispute. During this 6o-buslness day period, your servlcer may
not provide Informallon 10 a consumer reporting agency concemlng any overdue payment relaled to such period or
qualified written request. Our address for quallfl9d written requests Is:
Loan Servlolng center, Attn: Customer Service SVB-314, P.O. Box 5170 • Simi Valley, CA 93062·5170
A Business Day is any day In which the offices of the business entity are open to the public for canying on
SUbstantially all of Its business functions.
DAMAGES AND COSTS
Section 6 or Re:SF'A 81:<0 provIdes ror oamllges lint! w5111 for Im:lMduals or classe5 or IndlvklUa/3 In circumstances
whera servicers are shown to have violatedthe requirements of that Section.
FIlA/WI/CONY
• SorvIdnlITlllIISIorDlJd..... Slxlomonl
2019'1·US 1D7103)(d)
I I ~
·23991·
Pogo1 012
-76-
11111
3737150000020197·
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 29 of 50
•
SERVICINGTRANSFER ESTIMATES BY LENDER
•
LOAN 0: 81131315
1. We presently intend to assign, sell, or transfer the servicing of your mortgage
loan. You will be informed about your servicer.
2. For aD the first lien mortgage loans that we make In the 12-month period after your mortgage loan is funded, we
estimate that the percentage of such loans forWllich we wHI transfer servicing Is between:
o 0%1025% 026%1060
0
.. 051%1075% [!] 76%to 100%
This estimate does include assignments, sales or transfers to affiliates or
subsidiaries.
This is only our besl esUmale and it is not binding. Business condRlons or other circumstances may affect our
future transferring decIsions.
3. We have previously Bssigned, sold, or transferred the servioing of first-lien
mortgage loans.
ACKNOWLEDGEMENT OF MORTGAGELOAN APPLICANT
Itwe have read this disclosure form, and understand its conlants, as ev'denc::ed bY my/our slgnalUre(s) below. ,/we
understand that thIs al1knowledgmenl's areqUired part of the mortgage loan appUcallon.
1Iotro"'c: NIVIE SIIMI\.!\N
Bom>....
B..........
-77-
FIWIIMlONV
• ISaMctl;TnrulorDlsdastnStolomont
2C187olJS lO1AlS)
Pa;12c1Z
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 30 of 50
rIP.. P'oparedl>y:GERAlDlNGRAHAM
TRUTH'IN LENDING DISCLOSURE STA MENT
., (THIS IS NEITHER CONTRACT NOR ACOMMrrMENTTO LEND)
s Wholesale Lender, or as agent for
Countxywide Blink, II Division of Treasury Bank, N.A. l!J Pl8l1mlnary
o Flnal
1199 Feirfax St. Ste.SOO DAlE 10/13/2004
VA 22314
BORROWERS: NIVIE SAMAAN
LOAN 81737375
CASE NO.
1yPe of Loan cow UNINSURED
ADDRESS 1227 1/2 S ALFRED STREEI
NC 5/1 LIBR ARM
CIlY STATEI ZIP LOS ANGELES, CA 90035
InterGstOnly
PROPERTY 320 S PECK DR
BEVERLY HILLS, CA 90212-3715
ANNUAL PERCENTAGE ANANCE CHARGE Amount financed TOlal of PaymenlS
RATE The doUar amount the The amount of ciedit The amount you wID have
The cost of your credit credll wi. co&l you. proVIded to you or on paid alter you have made
as ayearly rate.
your behalf. aI paymenla as sohewllid,
e 5.162 % s e 1,376,676.35
S e 1,351,992.00 S e 2,728,668.35
PAYUENT6CHEDULE:
NUMBElIOFPAYMENlS AMOUNT OFPAYMENTS WH£N PAYMENTSAHEDUE
e DU e
M0N7BLY BEGINNING 12 01/2004
e 299 e 7,835.69
MONTHLY BEGINNING 12/01/2009
e 1 e 7,937.24 ILAST PAYKE:N'l' DUE 11/0112034
DSlANDFEATURE: [j[] This loan do.. nc! """0a Demand Feab.. o 11111 loan has a Demand Falllln as1o....1S:
VARIABLE RATEFEATURE:
IXJ1I1Is r.BIl h.... II VlIIlablo Rid. F.1Ilura Variabl. fiala DI.clo.ures have boon provldodto oorhr.
SECURITY: You aro gl.ln9 II In_' In llIe proPlrty IoClllod at
320 S "'JilCK DR, BEVO;RLY HILLS, CA 90212-3715
ASSUMPTION: 50_0buvtna lhb property 0 c:IIlltlOIusumo thal'l>lllalMlg........ cillo under odgInqIlllDllgIg"tonna
IXJ may 1ISSllIM, subJeel to IIfIlIo(. eond11lons. lb. remalnlng baIaneo due under adglnlll martgall" ianni.
PROPEII'TYINSURANCe: Hozanllnsun>noe. lnellollng aood Insuranco r tho proporty b In II Spadal FIoDd HaDnl Mo, Is 1llqU1rocI u condlIIon ollhls
loin. You may oIlbIIn tit. Inturanc:o COVltagl I""" any Insuranee company """"pIobIo to 1M_"t. CompIDte dolaIls _earning lnslmInes I'Ollldremonls
wlt be pnIIo1dIld prior10 loan do.klll-
LAiI! CHARGES: Kyour PII'Im.nllo ""'IV!han 15 days lata, you wDl be ehargod 0 IlIto ohPlg. of 5.000 ",oIthl
OvonlUD paymlJll
l'Nil"A'I'IlIENT.·/I,_iMt·o>II' ..... ,_
B:
IZJwltnol hay. to pay. ponally.
OO.... n.1 be Il11Illod10 a r.lInd 01pili olll1e t1nIIme chllllo.
saoyour _et dowmonts ror Dny ocIdlllonollnlollllllllon regonllng n.n-poymanl, deleult, required repoyllWllln lull b.tore scbedUlod dille,
IIIId prepayment retunds Dnd p.....lIlos.
"mansesIIInaIa
IIW" hereby IICl<nowIldgll1lldlngand rocoMng II co'"l'letocopy o/!hls cIIsdo.UlD.
BORROWERIllAlE
IIMIl SAlWIN
BORROWERIllAlE
II
'23091"

-/8-
m __
"081731375000002C29S"
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 31 of 50
•
•
DEFINmON OFTRUTH-IN-LENDINGTERMS
LOAN j, 81737375
ANNUALPERCENrAGBRATE
ThIs Is not the Note rate for which the borrower applied. The Annual Pen:entage Rata (APR) Is the cost 01 the loan in
percentage terms taking Into accounl various loan charges of which Interest Is only one suoh charge. Other chQlgss
which are used in caJcuJalkm of the Annual Percentage Rate are Private Mortgage Insurance or RiA Mortgage
Insurance PremiUm (when applicable) and Prepaid finance Chllllles (loan dlscount, orlglnatton tees. prepaid Interesl
and other credit costs). The APR Is calculated 6y spreading these charges over the ute of the loan which results in a
rale higher than the lnlarest rata shown on your MorlgagelDeed of TRlsl Nole. IIlnlerest was the only FInance Charge,
then the lnlllrest rate and the Annual Percentage Rate would be the same.
PllEl'AIDmNANCE CBARGl!'S
Prepald Finance Charges are certain charges made In conneolJon wIIh the loan and which must be paid upon the
close of \he loan. These chllllles are defined by the Federal Reserve Board in RegulalionZ and the charges must be
paid by the borrower only, and nol the seller If applicable. Non-Inclusive examples of such chargll8 are: Loan
orlglnatlon fee. 'PolnlS" or Discount, Private Mortgage Insurance or FHA Mortgage Insurance. Tax SeJvlce Fee. Some
loan oharges are specifically exclUded fromIhe Prepeld Finance Chalge such as appraisal fees and oredit report fees.
Prepaid Finance Charges are totaled and than subtracted from the loan Amount (the face amount of the Deed of
TrustlMortgage Note). The net figure Is the Amount Financed es explained below.
The amount of Interest, prepaid finance charge and certain insurance premiums 6f any) which the borrower wHI be
expected to pay over ,he life of the Joan.
AMOUNTFINANCED
The Amount Financed Is the loan amount applied for less the prepaid ftnance charges. Prepaid finanCe charges can
be found on the Good Faith Estimate. For example 1/ \he borrower's note Is for $100,000 and the Prepaid Finance
Charges tOlal $5,000, the Amount Financed would be $95.000. The Amount Financed Is the figure on wlllch the
Annual Percentage Rate Is based.
TOTAL OFPAYMENTS
T11Is llgure represents \he IOtal of all payments made toward principal, interest and mortgage Insurance (if appHcable).
PAYMENTSCHEDULE
The dollar figures In \he Payment Schedule represent prIncipal. I n t e r e s ~ pkls Private Mortgage Insurance 61
applicable). These ligures wm not rellecl taxes and insurance escrows or any temporary buydown paymenlS
contributed bythe seller.
-79-
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 32 of 50
•
DATE: 10/13/2004
BORROWER: NIVIE SAMAAN
CASEI:
LOAN #: 81737375
PROPERlYADDRESS: 320 S PECK DR
BEVERLY BILLS, CA 90212-3715
•
America's Wholesale Lender,lls8lf or as agent
for Countrywldll Bank, a DIvisIon of Treaswy
Bank,HA
Branch I: ODOOU3
750 LtHDl\IIO S:rt\E27 9T& UD
SAll I'AFAEL. 0. '4901
Phon., 14151257-2701
Br Fu No.: (415)25"'0'"

1.
2.
3.
Loan Amount
Prepaid FInance Charges:
Origination Fee
Discount Points
Tax Service Fee
Processing (Underwriting)
Prepaid Interest ( .l.lL- days)
of %per annum
Mortgage Insurance Premium
Mortgage Insurance Impounds
Warehouse Fee
VA Funding Fee
FHAUFMIP
Buydown
Fee
Broker Points
Courier/Express Mail-Cleng
Closing/Esc:coN
Flood Check Fee
processing Fes
TOTAL
Amount Financed (1 minus 2)
1.374,400.00
0.00
0.00
60.00
0.00
6,213.00
0.00
0.00
0.00
0.00
0.00
0.00
490.00
13,744 .00
30.00
1,250.00
26.00
595.00
22,409.00
1,351,992.00
lIWe hereby acknowledge reading and receIVIng acompleted copy of this disclosure.
-
NIVm S»WU!
-
-80-
--
'0&17373750000020120'
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 33 of 50
10/13/2004
NIVIE SAMIIAN
•
DATE:
BORROWER:
CD-BORROWER:
CASE#:
LOAN #: 81737375
PROPERTY ADDRESS: 320 S PECK DR
BEVERLY BILLS,
America,ao/essle lender, Its8lf or as agent
for Countrywide Bank, a Division of Treasury
Bank, N.A.
Sranch " 0080833
750 LINDllJIO 6:rJ1EJlT Sn: u a
SAIl lU\!'AlIL. CA 94901
Pbone, (415)257-2701
Dr Fax Mool (415)25t-0866
CA 90212-3715
noNSCHEDUlf::
PIofTPAVM1!NTPAlNCIPALIH1Elll!5T BA1AIlCE pmPAYUeIITPRlNCIPlU.1N'I!II£SI' 8A1AHCt! PUTPAWENT P_lU.1Il1I!RESTBAlANCE
8e9LnnL09 721835.69 2501.745333.951345021.611467835.69 3351.23 4U4.4&1129585.92
Intero"" line I 5.500\ 7) 7B35.69 2511.15 5U4.041342509.96 147 7835.69 3364." 4471.201126201.U
1 61'9.33 0.006299.331374400.00 74 7835.It 2521.59 5314.101331918.37 148 7B35.19 33n.n tc57.B81122B23.Il
2 6299.33 0.00 6299.331374400.00 75 7B35.0 2531.57 5304.12133745&.801497835.69 3391.1B 4444.511119432.44
3 6299.33 0.00 6199.331374400.00 7i 7835.0 2541.59 5294.101334915.21150 7835.69 3404.10 4431.091116027.84
4 6299.33 0.00 6299.331374400.00 77 7835.U 2551.65 5284.041332363.56 151 7835.69 3418.08 4417.611112609.76
562".33 0.006299.331374400.00 7B 7835.69 2561.75 5273.941329BOl.81 lS2 7835.69 3431.61 4404.081109178.15
6 6299.33 0.00 8299.331374400.00 "7835.It 2571.89 5263.881327229.9% 153 7835.69 3U5.19 U90.501105732.96
7 6291.33 0.00 6299.331374400.00 80 7835.69 :1582.07 5293.621324647.85154 7835.69 345B.83 U76.86110227Q.13
8 1299.33 0.00 6299.331314400.00 81 7835.69 2592.29 5243.401322055.56 155 7B35.69 3472.52 4363.171098801.61
9 6299.33 0.00 6299.331314400.00 02 7835." 2602.55 5233.141319455.01 158 7835.69 3485.27 U49.4210953U.31
10 8299.33 0.00 1299.331374400.00 83 7835.dS 2612.86 5222.831311840.15 157 7835.69 3500.07 1335.12109J8r5.27
11 6299.33 0.00 1299.331374400.00 84 7835." 2623.20 5212.491314211.95 158 7U5.69 3513.92 4321.771081301.35
12 6299.33 0.00 6299.331374400.00 85 7835.69 2633.58 5202.111311513.37 159 7835.69 3527.03 4307.861084773.52
13 6299.33 0.006299.331374400.00 86 7835.69 2814.01 5191.181308139.31110 7835.69 3541.79 4293.901081231.73
14 6299.33 0.00 6299.331374400.00 B7 7B35.69 2854.47 5181.221306284.S! 161 7835.69 3555.81 4279.881077675.92
15 6299.33 0.008299.331374400.00 II 7035." 2&&4.98 5170.711303119.91 112 7835.69 3569.S! 4215.801074101.03
16 6299.33 0.00 6289.331374400.00 89 7835.69 2675.53 5350.161300944." 163 7835.69 3584.02 4251.671070512.01
17 11).00 Gt" .. 332,:'7i100.00 '0 'OJ:I: .. O ltGOG.. 12 :a."P.S?l:,otGO• .2:G lGi ?03S.G9 ,:)IstD.C.).
188299.33 0.006299.331374100.00 51 7835.69 2696.75 5138.941295561.51165 7835.69 3612.45 4223.241063311.35
19 6299.33 0.00 6299.331374400.00 92 7835.69 2707.43 5128.261292854.0B 166 7835.69 3126.75 4208.9410S96st.60
206299.53 0.00 6299.331374400.00 937835.69 2718.H 5117.551290135.94 167 7835.69 3141.11 4194.5810S8043.49
218299.33 0.006299.331374400.00 847835.02728.905106.791287407.041687835.69 3655.52 4180.171052387.97
228299.33 0.001299.331374400.00 957835.69 2739.70 5095.9912'4617.341169 7835.69 3169.99 4115.701048717.9&
23 6299.53 0.00 6299.331374400.00 "7835.69 2750.55 50B5.141281916.79 170 7035.69 3684.51 4151.181045033.47
H 6285.33 0.00 82".331374400.00 97 7815.69 2711.44 5074.251279155.35171 7835.69 3699.10 4136.591041334.37
25 6289.33 0.00 6299.331374400.00 98 7835." 2772.37 5063.321271382.98 172 7835.69 3713.74 4121.951037620.63
28 8299.33 0.00 8299.331374400.00 "7B35.69 2783.34 5052.351273599.6C 173 7835.69 3728.44 4107.251033892.19
276299.33 0.00 6299.351374400.00 7835.U 2794." 5041.331270B05.28 174 7835.19 5743.20 4092.49103014'.99
20 6299.33 0.00 6299.331374400.00 01 7835.0 2805.12 5030.271267999.86 175 7835.69 3758.02 4077.67102CJ90.97
29 8299.33 0.00 6299.331374400.00 102 7U5.69 2811.52 SOlt.171285183.34 171 7835.69 3772.B9 4062.801022818.08
30 6291.33 0.00 6298.331374400.00103 7835.69 2827.67 177 7835.19 3717.83 4047.861018830.25
31 U99.33 0.00 6299.331374400.00104 7135.69 2838.87 4996.8212n511.80 178 7835.69 3802.82 4052.871015027.43
32 6299.33 0.00 8299.331374400.00105 7155.69 2850.10 4985.591256868.70 179 7835.69 3817.87 4017.8Z1011209.56
33 82".33 0.00 62".331374400.00 106 7835.69 2861.38 4974.511253805.32180 7835.69 3832.99 9002.701007376.57
54 6289.33 0.00 7835.68 287Z.71 4962.881250832.U 181 7835.69 3848.11 5"7.531003528.41
J5 6299.33 0.00 1299.331374400.00 7835.69 2081.08 4951.111248048.53 102 7835.69 3013.39 3972.30 999665.02
J6 8299.33 0.00 6299.331374400.001109 7835.S9 2U5.50 4940.191245153.03 183 7835.19 3878.1S 3957.01 995786.34
376299.53 0.00 7835.69 2906.96 4928.731242248.07 1847835.19 3891.04 3t41.65 981B92.30
38 8299.39 0.00 111 7835.69 2918.47 1917.221239327.60 185 7135.89 3901.45 3928.29 987982.15
39 6299.33 0.00 7835.69 2930.02 4905.671231397.581087835.19 3921.92 3910.77 984057.93
40 1299.33 0.00 7855.69 2941.62 4894.071233455.96 IB7 7135.69 3840.41 3895.23 980117.47
41 8299.33 0.00 7835.69 2953.26 4812.431230501.70 188 7835.19 3958.063879.63 976161.41
428299.33 0.006299.331374400.001157835.69 2964.95 4870.741227537.75 189 7135.69 3971.72 3813.97 972189.69
43 I2n.35 0.00 6299.331374400.0D 116 7835.69 2"6.69 4859.001224561.06 no 7835.69 3917.44 3848.25 968202.25
tt 6299.33 0.00 6299.331374400.00 iI17 7135.69 2188.47 4047.221221572.59 Itl 7835.69 4003.22 3832.47 914199.03
45 6299.35 0.00 8299.331374400.·00 18 7835.89 3000.30 4835.391218572.29'192 7135.69 4019.07 3811.62 910179.96
46 6299.33 0.00 1299.331374400.00119 7835.69 3012.17 4523.521215560.12 93 1835.69 3800.71 9561tt.9B
47 8299.33 0.00 6299.331374400.001120 7835.69 3024.10 4811.591212536.02 154 7835.69 4050.95 3711.74 952094.03
48 6299.33 0.00 6289.331374400.00121 7155.69 3D36.07 47".62120,.99.95 95 7835.19 4066.98 3768.71 948027.05
49 6299.33 0.00 12".331374400.001122 7835.0 3048.08 4787.60U06U1.86 86 7135.69 .083.D8 3752.61 913943.97
5082".33 0.006299.331374400.001237835.03060.15 4775.541203391.71197 7835.69 4099.25 373S.Af 939814.72
51 8299.33 0.00 8299.331374400.001124 7135.65 3072.28 4763.4512005It.45 191 7135." 4115.87 3720.22 935729.25
52 6299.33 0.00 8299.33U71400.00l1ZS 7835.59 3084.43 4751.261197235.02 99 7135.69 4131.71 3703.93 931597.49
53 82".33 0.00 8299.33137UOO.00 126 7835.69 3096.63 4731.061194131.39200 7135.69 4148.12 9617.57 927441.37
54 6199.33 0.00 6299.33137UOO.00 127 7135.19 3108.89 4726.801191029.50201 7835.19 4164.54 3671.15 923284.83
$5 8299.33 0.00 6299.331374800.DO 128 7835.69 3121.20 4714.49118790B.30 202 7835.69 4181.02 3154.67 919103.81
5& 6299.33 0.00 1291.331374400.00 U9 7835.69 3133.55 4702.141184774.752037835.69 4197.57 3638.12 914506.24
57 6199.33 0.00 6291.331374400.00 130 7835.0 3145.'8 4889.731181828.79 204 7835.69 4n4.19 5621.50 910592.05
58 8299.33 0.00 6199.331374400.00131 7835.19 3158.41 4877.2811"470.38 05 7835.19 4230.87 3104.U 906481.Ie
59 62".33 0.00 6299.331374800.00 152 7835.19 3170.91 4664.7811752".97 08 7835." 4247.61 3581.08 902213.57
60 8299.33 0.00 8299.331374400.00133 7835.19 3183.41..4652.231172118.011207 7835." 4284.43 3571.26 197949.14
lntuest Rate :'.750\ 134 7835." 3196.06 4839.631168919.95208 7835.69 4281.31 3551.38 893&57.83
81 7835." 2395.36 5440.331372004.64135 7135.69 3208.72 4126.'71165711.23 209 7135.19 4291.25 3537.44 88"".58
62 7835.19 2404.84 5930.851369599.BO 138 7835.69 3221.42 4614.2711824".81 210 7835.'9 4315.27 3520.42 885054.11
6J 7835.69 2414.36 5421.331367185.84 137 7835.19 3234.17 4601.521159255.64 211 1835.19 4332.35 3503.34 180721.91
14 7835.6J 2425.91 5411.781384711.53 UI 7835.89 324i.97 4588.721156008,p 1212 7835.6J 4349.50 3481.19 '76372.18
85 7835.69 2433.51 5402.181362328.02139 7835.19 3259.81 4575.871152748.85 13 7835.69 4356.72 3'18.17 872005. H
" 7B35.6J 2.4f3.14 5392.551358184.81140 7835.69 327&F 4512.961149476.12 2It 7835.69 4584.00 3451.19 167621.74
" 7835.69 2452.11 5382.881357432.07 41 7835.69 5Zl1ilJr4550.011146190.48 215 7835.69 4401.35 383'.34 863220.39
" 7835.19 2462.52 5373.171354969.55 1C2 7835.69 5298.0 4537.001142891.75 216 7835.19 4418.78 3418.91 858101.11
69 1835.69 2472.27 5313.421352497.21 In 7835.69 3311.74 4523.951139580.01 217 7835.69 4938.27 33".42 854315.34
7D 7835.51 2482.05 5353.84135DOI5.23 44 7835.69 3324.85 8510.841136155.15 218 7U5.69 4453.83 3311.86 8499)1.51
71 7835.69 2491.88 5343.t11347523.35 US 7B35.&9 3338.01 4497.681152917.15 219 7U5.69 4471.463384.23 845440.05
Page 1012
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 34 of 50
....
Amerlca·.Olesllle Lender, Itself or as egent
for CountrywIde Bank. 0 DIvision of Treasury
Bank. N.A.
a... I: 0000U3
750 LINDJ\IlO S7REeT 8m 110
S1o)I 1lAFAU., ClI tUOl
ebone: '4151257-2701
BE ,;ax Ro.: 14151259-0"6
CA 90212-3715
AMORTlZA1l0N SCHEDULE
•
10/13/2004
NIVIE SAHAAN
Ptopotod br- GEllALDIII:GRAHAM
DATE:
BORROWER:
co-aORROWER:
CASE':
LOAN#: 817373"
PROPERTY ADDRESS: 320 S PECK DR
BEVERLY HILLS,
PNTPAYMENTPIINCIPALINTERESTBALANCe P,ITPAYIISlITPRlIlCIPALINl1iIIesTDAl.ANCIl YII PA_PRIltCIPAL IIIIl!R!STIIAtAHCa
220 1835.69 4489.16 33'6.53 840950.89 294 7835.69 6013.41 1822.21 454334.76 AIIlII/lIL 6_1
2211835.6t 4506.83 3328.16 836443.96295 1835.1t 6031.20 1198.41 448291.48 ya IllIERZST
222 7835.6' 4524.11 3310.92 831519.19 296 1835.69 6061.18 1714.51 442236.30!ee91nn!n9 Iialancc' 11.374,400.00
2231835.69 45U.68 32U.Ol 821316.51291 1835.69 6085.11 1150.52 436)51.13 1 75591.96 15591.961374400.00
-82-
2128668.35 1354268.35
224 '835.1t 4560.56 3275.03 822815.85298 1835.69 6109.26 1126.43 430041.87 2
2257835.69 4518.11 3256.98 018237.14 2U 1835.69 n33.H 1102.25 423908.43 3
2267835.6' 4596.83 3238.86 '13&40.31 380 1835.69 6151.72 1671.91 411150.11 4
2211835.69 4n5.03 5220.56 809025.28 )811835.69 6182.09 1653.60 411lI68.62 5
228 1835.69 4633.30 32D2.39 8D4351.58 302 1835.69 6206.56 1625.13 405362.06
2297835.69 un.64 3184.05 15914D.34 3D3 1835.65 6231.13 1604.56395130.93 1
230 7855.69 4610.05 3U5.64 155070.25 304 7835.69 6255.'0 1515.89 392815.13 •
231 1835.69 4688.54 3141.15 1903.1.75305 7135.69 6280.56 1555.13 386594.57 9
232 1835.69 4101.10 3128.59 185614.651306 1835.69 6305.42 1530.21 380289.15 10
2331835.69 4125.13 310'.96 180"8.92 301 1835.69 6330.3D 1505.31 31395'.71 11
2301835.69 4744.43 30n.26 176204." 30B 7'35.69 6355.44 1480.25 J61603.JJ 12
235 1835.69 4763.21 3012.4' 111441.2' 305 1835.65 6380.59 1455.10 361222.74 13
236 7835.65 4782.07 3053.52 766655.21310 1835.65 6405.15 1429.84 3548U.89 14
2311835.69 4801.00 3034." 761858.21311 1835.65 6431.21 1404.48348385.68 15
231 1835." 4820.0D 3015.69 151038.21 312 7835.65 6456.66 1375.03 341925.02 16
2" 1835.65 4139.0B 2n6.n 152199.13 313 1835.65 64B2.22 H53.47 535446.80 11
240 7835.65 4858.24 2571.45 141340.89 314 1835.69 6501.'9 1321.81 32893'.92 I'
241 7835.65 4871.47 2'58.22 142463.42315 1835.65 6533.60 1302.05322405.28 19
2427035.6' 4156.17 2938.52 137566.65311 1835.69 6559.50 1276.19315"5.78 20
243 1835.U 4516.U 291'.53 732650.49 311 1835.65 6585.47 1250.:12 30t260.31 21
244 1935.65 4535.62 250D.07 121114.873181835.6' 6611.53 1224.16 302648.18 22
2451935.65 4955.15 2890.54 122159.12 315 1835.65 6637.11 1191.58 296011.01 23
2U 1835.65 4"4.71 2960.52 111114.553201835.69 6663.98 1171.11 289347.09 24
2417835.65 4950.46 2841.23 712190.t9 321 7835.59 5690.)6 1145.33 28:1656.73, 25
248 7835.69 5014.232821.46 101176.26322 1835.09 6115.84 1118.85 275535.'9 26
249 1835.69 5034.08 2801.61 102142.18 323 1935.69 6143.43 1092.26265196.4' 27
250 1835..69 5054.00 2181.69 697698.18324 7835.69 6710.12 1065.51 262426.34 28
251 1835.69 5074.01 2161.68 692614.11525 1835.69 6196.92 1038.11 255525.42 n
252 1835.69 5094.09 2741.60 597520.08326 1835.65 6823.82 1011.81 248805.60 30
253 1835.69 5114.26 21:11.43 682405.82 321 1035.69 5850.83 584.86 241954.77
2541835.65 5134.50 2701.15 611271.323281835.65 6877.'5 957.14 235016.BZ
255 7935.69 5154.82 2680.91 612116.5032' 1835.69 6'05.18 930.51 22'171.64
256 7835.65 5115.23 2660.46 666541.21330 7935.69 6532.51 903.18 221235.13
2511835.69 5155.11 2639.99 661745.56 331 1135.Ot ""." 815.74214215.18
251 1935.09 5216.2' 2619.41 656529.28332 1835.69 6587.50 848.19 201291.68
259 1835.69 5235.93 2598.16 651292.35333 1835.69 1015.16 '20.53200276.52
260 7135.69 5251.66 2578.03 646034.69 314 1835.69 1042.53 792.76 193233.59
261 7I35.n 5278.47 2551.22 640756.22 1835.69 7010.81 764.18 1'1112.78
262 lU5.69 5299.35 2536.33 1835.69 1099.'0 736.1' 179063.98
·263 7835.69 5320.34 2515.35 630136.52331 1835.69 108.79 171931.08
264 7855.65 5341.40 2484.29 6un5.n 338 7835.69 1155.11 690.5t 164181.97
265 1835.65 5362.54 2413.15 619432.5' 335 1835.69 1183.43 652.26 151589.5.
266 7'35.69 5383.17 114048.813401835.69 1211.86 623.83 1503B6.68
261 1835.69 5405.082430.61608603.13 3U 7835.6' 72tO.U 555.28143146.27
268 7835.69 5U6.4, 2405.21 603211.25 342 7035.69 1218.01 566.62 135811.20
269 7835.18 5447.96 2381.13 "1769.29343 1835.65 1297.84 531.15 128575.36
2707835.69 5058.52 2366.17 592299.17 344 7835.69 132li.13 508.56 121252.63
211 7835.69 5491.11 2344.52 586808.60 345 1835.69 1355.13 41'.96 113B9&.90
212 7835.69 5512.51 2322.71 5812'5.69346 1835.69 1584.85 450.84 106512.05
213 1835.69 5534.13 2300.96 575760.96 347 7835.69 1414.08 4%1.11 99091.97
274 7935.59 5555.54 2279.05 570204.32348 7835.69 7443.43 392.26 91654.5'
215 7835.69 5518.63 2251.01 564625.69 349 1835.59 1412.1' 362.80 84181.65
215 7835.18 5600.11 2234.98 559024.991350 7135.69 1502••7 333.22 76679.18
271 7835.69 5622.88 2212.81 553402.10351 1835.69 1532.17 303.52 69141.01
278 1835.69 5645.14 2150.55 541756.96 3527835.69 1561.98 213.71 61585.03
279 1835.69 5667.49 2160.20 501201'.41 3537835.69 1591.92 243.17 53953.11
2.0 7835.69 SlSt.n 2145.17 535399.55,154 1835.59 7621.97 213.72 41571.14
2.1 7835.68 5712.44 2123.25 530681.11 1835.69 7652.14 183.55 3na.00
2'2 7835.69 5'35.05 2100.6t 524952.01355 7835.69 7682.43 153.25 31036.57
283 1835.69 5751.15 2017.94515154.313511835.65 7712.84 122.85 23323.13
284 lU5.19 5780.55 2055.14 513413.76558 1835.15 7743.31 n.32 15$10.36
2.5 1835.69 5803.432032.26 507610.331359 1835.69 7114.02 l1.iT 1006.34
286 7835.69 5826.40 20D9.2' 501183.53 360 lU7.24 7806.34 30.50 0.90
281 1835.69 5BO.46 15B6.23 495534.47
218 1835.69 5812.U 1963.01 00061.85
20t 7835.69 5'95.86193'.83 4841&5."
2'0 1835.65 5519.20 1915••5 478246."
291 7835.69 5842.13 1893.06 412304.16
292 1835.69 '966.15 1869.54 465338.01
2'5 1835.59 stU.17 1845.92 46034'.24
75551.96
75591.91
75591.96
15591.96
9402'.2'
'402'.28
94028.28
94028.28
94028.2'
94020.2'
'4028.28
9402'.2'
"028.2'
"028;2.
'4028.28
86021.28
94028.2'
91028.2'
'4028..2'
'4028.28
5402'.28
9402'.28
94028.2'
,.02.;28
94028.29
9402'.28
9402'.28
94028.29
94029.83
'----
75591.96 1374400.00
15591.96 1374400.00
15591.96 1374iOO.OO
15!n.9I 1314400.00
64505.89 1315021.61
53223.62 1314215.95
11129.1212'1916.11
60160.02 1248048.53
!8515.17 1212531.02
"191.13 1115299.41
54903.91 1136255.16
530Bl.4' ID95315.3.
51100.51 1052381.91
• "016.B8 1001376.51
46831.61 960119.96
41510.31 910692.05
42131.84 '58801.51
39618.65 904391.'8
36917.19 747340.81
342Dl.41 681520.0'
31303.32 621795.12
2825••14 559024.98
2SCn.15 490051.'5
21711.14 411150.11
18206.59 341929.02
14525.60 262426.94
10615.92 179053.9'
611'.84 91'51.54
2375.29 0.00
Page 2012
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 35 of 50
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-83-
EXHIBITH
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 36 of 50
CLUES LOAN ANALYSIS REPORT

- CLUES -
countrywide Loan Underwriting
Expert System
Loan Report
============================ 1.0 DECISION
Date:
Credit Decision:
Thursday, October 14, 2004 11:49 AM
REFER.
Loan Number:
81737375
Credit:
Acceptable (MERGE-CREDIT)
Ability:
Questionable
Product Compliance: .-NO
Documentation: c---
Appraisal Eligibility: Standard Full Appraisal or 2055 I&E,
with an additional Field Review
referred by CLUES due to the following reasons:

Ability:
The information provided indicates a combination of layered risk
factors which may include insufficient liquid assets, high LTV,
credit history, and/or high debt ratios for the loan program
selected.
This loan has been
Compliance - General:
A- minimum of 6 months reserves are required on the Non-Conf ARM Fixed
Period LIBOR Interest Only program. (18869).
Reduced documentation is not allowed on a Non-Conforming Mega Loan.
(15172).
The max loan amount is $1,000,000 on Non-Conf ARM Fixed Period LIBOR
Interest Only loans. (5998).
============================= 2.0 SUMMARY =============================
Borrower:
Nivie Sarnaan
Property Address:'
Loan Program Name:
Loan Type:
Loan Purpose:
Loan program ID:
320 S Peck Dr
Beverly Hills, CA 90212-3715
NC 5/1 LIBR ARM
Conventional Loan Amount:
Purchase Cashout Amount:
657
$ 1,374,400
n/a
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 37 of 50
Credit Score:
72.
Property Usage: Primary Res. Appraised Value:
Property Type: Single Family Purchase Price:
Value for Calculated LTV/CLTV: $
$ 1,718,000
$ 1/718,000
Amortization:
Note/Qual. Rate:
Max Qual. Rate:
First Lien LTV:
Second Lien'LTV:
CLTV:
Calculations:
Total Income:
Total Obligations:
PITI:
PITI Ratio:
Total Debt Ratio:
Months Reserves:
Reserves amount:
ARM
5.5/5.5%
5.5%
BO.OO%
100.00%
180.00%
All Borrowers
$ 33,333.00
$ 10,465.91
$ 9,50.9 . .91
28.53%
31.40%
6.82
$ 64,843.00
Term:
360
===================== 3.0 UNDERWRITING CONDITIONS ===;=================
The following conditions must be satisfied:
Ability:
The SAtARY income, $33333.00, from a BASE job of NIVIE SAMAAN has been
used to rate the ability. Verify 2 years history of this income
using Full or Alternate documentation.
Appraisal:
If applicable, if this loan closes over 60 days from the date of the
appraisal, obtain an Update of Prior Assignment 2055 Exterior Only
verifying that no reduction in value has taken place. The Update of
Prior Assignment 2055 Exterior Only must be dated within 60 days of
the Note date.
Standard Full Appraisal or 2055 Interior and Exterior required.
Additional Field review done by a CHL approved review appraiser will
be required.
Income and Employment:
Verify that the self-employed borrower, Nivie Samaan/ has been with
the same and at the same location at least 2 years using
such sources as (i)business license, (ii) CPA, (iii)Regulatory Agency
or. Civ)Professional Organization. Note: When verifying employment,
no income may be disclosed.
'
Assets:
The borrower currently has 6.82 months reserves. Verify all assets
entered into CLUES. .
Must be verified by obtaining the two (2) month's most recent account
statements or VOD. The assets the Borrower's own funds.
Other:
Obtain a signed 4506 for borrower NIVIE SAMAAN prior to funding.
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 38 of 50
JIt GENERAL LOAN CONDITIONS iIl==================
Based on the credit report obtained in CLUES, this loan must close on or
before February 07, 2005 and credit documents must be dated within 120
days of the closing date. For new construction, it must close on or
before April DB, 2005 and credit documents must be dated within 180
days of the closing date.
If the borrower is a Realtor, saies associate or [real estate] broker,
they may not use any commission earned from the sale of the subject
property towards the downpayment, costs or reserves for this
transaction.
If applicable, provide satisfactory documentation to explain any
variation between the loan application and the credit report:
* Variation in the applicant(s) address in the prior 2 years
* Variation in the applicant(s) employment in the prior 2 years
* Variation in the applicant(s) name reported in the AKA Information
section of the credit report
* Any indication of Social Security Number discrepancy or fraud in the
Fraud Verification Information section
Review the preliminary title commitment to verify correct vesting and
legal description and clear all liens and encroachments that would
impair the proper lien position of the subject mortgage/deed of trust.
Obtain a copy of the Appraiser's current valid state license.
Obtain a signed and dated Final Loan A?plication.
If the property is designated in a special flood hazard area, a valid
flood insurance policy/binder is required prior to closing evidencing
the appropriate lender as the loss payee.
CHL will not finance more than 4 loans to one borrower. This limit
. includes loans already originated, as well as loans in the branch
pipeline. Exceptions to this policy can be 'made up to an additional 4
loans if the following parameters are met:
Purchase or Rate and Term refinance
Fixed rate only
One Unit properties only
Maximum LTV is 60%
Any exceptions to this guideline MUST be approved by the Division's
Underwriting Support.
Provide a of the appraiser's invoice/bill for the appraisal.
A valid hazard insurance policy is required evidencing the
lender as the loss payee. Satisfactory evidence of hazard insurance
coverage must obtained prior to closing. Satisfactory evidence can
be anyone of the following: Declaration page of the policy, policy
binder with proof of payment or complete hazard insurance policy.
Coverage must equal the lesser of the insurable value of the
improvements or the unpaid balance of the mortgage, with replacement
cost endorsement to compensate for the full amount of damage or loss
to improvements. Note: if the hazard insurance policy is not
obtained prior to closing, it must follow as a post-closing trailing
document.
.
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 39 of 50
Loah must meet all othJltpublished requirements on occupancy, loan
type, borrower characteristics and documentation type.
=================== 5.0 SUBJECT PROPERTY EVALUATION ===================
-- 5.1 Public Records Analysis -----
Street Address:
Owner of Record:
Property Type:
Gross Living Area:
Lot Size:
Assessed Value:
Prevo Sales Price:
# of Bedrooms:
320 S Peck Dr
Beverly Hills
Zernik,Joseph
Single Family
2,650 sq. ft.
6,400 sq. ft.
$995,213
$442,500
4
90212
H
Year Built:
Prevo Sales Date:
# of Bathrooms:
1930
05/30/1997
3.00
Sales Comparables from analysis of Public Records:
Address Sales·Prc. Sales Date Dist. Dr Sq. Ft. Lot Size
------------------
----------
------ ------ --------
Peck Dr S $1,525,000 06/02/2004 0.0 m S 2,719 7,680
Camden Dr S $1,445,000 08/02/2004 0,1 m SE 2,539 7,336
Linden Dr S $1,500,000 10/29/2003· 0.3 m NW 2,939 7,040
308 Bedford Dr S $1,500,000 08/27/2004 0.1 m W 3,014 7,680
208 Peck Dr S $1,675,000 06/09/2Q04 0.2 m N 2,607 7,680
502 Hillgreen Dr $1,995,000 06/14/2004 0.5 m SW 3,499 7,244
439 Spalding Dr S $1,400,000 04/27/2004 0.4 m SW 1,911 9,100
3J.2 Camden Dr S $1,965,000 02/20/2004 0.1 m E 3,107 7,680
225 Rodeo Dr S $1,800,000 01/30/2004 0.2 m NE 3,904 7,040
============================ 6.0 ANALYSIS =============================
-- 6.1 Scores ----------------------
FICO SC9res:
Borrower
Code Credit Scores
TRW EquiFax TransUnion Final
Nivie Samaan
P 723 723 730 723
(Borrower codes: P=Primary, X=Score Excluded)
FICO Factors for Nivie Samaan. Score: 723
Number of inquires within last twelve months.
Relationship of balance to high credit on bank/national or other
revolving/open accounts.
Length of time since most recent payment information.
Outstandipg balances on revolving/open accounts.
-- 6.2 Credit
=87-
-- 6.3 Ability ---------------------
Total Income
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 40 of 50
Borrower/Job Income Type Amount Total
Nivie Samaan
Total Income:
Salary
Sub-total:
$ 33,333.00
$ 33,333.00
$ 33,333.00
Ratios:
The following liabilities were included in the obligations:
Borrower Type Account Name Account #
Payment Dflt
------------ ------------ ---------------- ----------
Nivie Samaan rvlv WASHINGTON.. .• 00000629063611 $
182.00
Nivie Samaan rvlv FLEET CC 430550033675 $
200.00
Hi-vie Samaan rv1v FIRaT USA 433237006104 $
194.00
Nivie Samaan rvlv BARNEYS NY .. 6003355682 $
114.00
Nivie Samaan inst FIRST ENTE •. 925840600 $
266.0.0
Total: $
956.00
Dflt: Defaulted payment code:
$10= Default payment of $10 on accounts to be paid off.
BAL= Default payment of entire balance
5% = Default payment of 5% of balance.
Monthly Housing Expenses:
Item
Amount Total .
MHE Present:
P&I
Rent
HI
Tax
Other Financing
Expenses
Total
$
$
$
$
$
$
6,299.00

400.00
1,790.00
1,020.00
12,899.00
9,509.91
6,299.33
401.00
1,789.58
1,020.00
MHE Proposed:
P&I
HI
Tax
Secondary Financing .
Total
$
$
$
$
-------------
$
On $1,374,400.00 qualified at 5.500% for 360 months. The MHE total
of $9509.91 was used to calculate the housing expense of 28.53%
indicated in the Summary Section 2.0.
Qualified at: 5.500%;
Total Debt
360; P&I= $6299.33.
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 41 of 50
Item
Personal Expenses:
Credit
MHE Proposed:
PITI
REO Expenses:
Total Debt
Total
$ 956.00
$ 9,509.91
$ 0.00
-------------
$ 10,465.91
Note: The. Total Debt of $10465.91 was used to calculate the Total
Debt ratio of 31.40% indicated in the Summary Section 2.0.
Details of Transaction:
Item
Costs:
Subject:
Existing
SUbordinating 2nd:
prepaid Escrows:
Closing Costs:
Sub Total:
Cash In:
Loan Amount:
Dther Financing:
Sub Total:
Cash From Borrower:
Reserves calculation:
Amount
$l,71B,qOO.OO
$ 171,800.00
$ 6,213.00
$ 20,544.00
$1,374,400.00
$ 171,800.00
Total
$1,744,757.00
$ -J:546200.00
$ 198,557.00
Type
Amount Total
Li.quid Als:>et:>:
Accounts & Funds:
Sub Total:
Less Fees & Expenses:
Cash to Close:
Sub Total:
$ 263,400.00
$ 198,557.00
$ 263,400.00
$ -198,557.00
Total Reserves:
$
64,B43.00
The cash to close, in the amount of $198,557.00, was deducted from' the
liquid assets.
=========================== 7.0 BOOKKEEPING ===========================
CLUES A*E Version:
Division:
Input File:
Tracking Number:
Input Data:
04.09.28-FL (Sep ~ 7 , 2004)
Wholesale ~ ~ a n c h Number: 0000933-000
tmp4BD.tmp Request Version:C
0220933000008173737503
Detail
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 42 of 50
Service Pack Ver:
Rules Ver:
Business Rules EC:
Public Records EC:
Reference Number:
Underwriting Based
04.t.28
04.10A.02 10/01/2004
Success (156)
Success (2a)
CC3796290512
On: CLUES
- - -ONDERWRITER RATING- --
12:01:20
ABILITY
CREDIT
APPRAISAL
Underwriter:
Decision:
Date:
Loan Version:
END OF
POOR
EXCELLENT
N/a
UNDERWRITER COMMENTS
NO DECISION HAS HEEN SELECTED
10 14 2004
C
-90-
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 43 of 50
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EXHIBIT I
-91-
Notice of Samaan's Fraudulent Loan AJ!plications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 44 of 50
AMERICA'S WHOLESALE LENDeR-.
.t'
(4151492-4388
Branch t: 0000933
750 LINDARO STREtI SIt 110
SAN Rl\F1IEL, CA 94901
Phone: (415)257-2701
Br Fax No.: (415)259-0866
SUSPENDED
IlrokBr. IUCIlAEL Jl\MES
BIokBt
Conlacl: VICTOR PARKS
IlrokBr
Ph1lne: (4151444-0448
Iln>kBr
FUll:
O'REILL¥ DBA PACIFIC
DIANE FRJIZIER
10/14/2004 3,p .1.1'1" - j'1/£.<n.,.. 71i.Dv
ThIs Is to Informyou that your loan submissIon was at the terms listed below:
Loanc: 81737375
Borrowe(.N"'"e:•..:S"AMAAN==".--:Nc"IV=I::E'--
_
Applied loan Amount 1,374,400.00 5/1 LIBR J\RM InterestOnly
PIJtpose: PURCHASE,OtlNER OCCUPIED, REDUCED
StartRate: 5.500
SlarITerm: 60
AMOUNT: -=10::.. -:.0'-:0"--
LTV: 80.00
Subject to the specific conditions listed below, we will be able to approve
your loan SUbmission. For all submissions, pend1ng final approval, no change
in the borrower(s) financial status or employment can occur, and the credit
documents and appraisal must reMain current.
To avoid having your submission closed for incompleteness, any items listed
below as 'Required Prior to Approval' must be received within 10 days of the
date shown above.
CondlUons at 2- ApptOVlll: 17
CondlUon
Status
OPEIl
OPElI
OPEN
OPEN
91'EII
OPEN
OPElI
Roquirod
Pdo/to
APPROVAL
APPROV1\L
APPROVAL
APPROV1\L
APPROVAL
AP1'ROVAL
Cond1tlort
Codo CondUIon De3<iCommenb
BOlUlOliEl\ 1IRIT1'&I1 E:XPLl\NUIOll REGARDING _
'X' Acceptable explanation "hy business in 411 reverse J.:; on 1227 So
\X
C2>
Alfred, L.A.
138. Orm;;R COlIDUIOll 1
Corp approval req'd for this enhallced prograDl wi added to
tf!i!J , any conditions, prov1de a complete copy package along witb
e
all conditions in triplicate
139. 0Tlll::R CORDInOIl 2
Pricing to be oorrected to sbow .7St add to f.... for this enhanoed
"'-' exception program
OTHER COlIDInOH 4

on depo.lt wi escrow wi source veriUed
14 mER CONDInOll S
ronde cOJDplete executed purchas@ contract, esorow instructions

ill not act as a aubstitute
4. orm;;R C0I1DUIOl/ 7

P.rovlde 03' bU:linesa license or CPA letter filed la:st 2
yrs 1040' s as self e..ployed same location
• 0'I1lER CORDInOll 8
IIF 10k stmt. '681-4098380 for 7/12 thru 8/12 at
DOC1IHE:IlTS OPEN 006. APl'RAISAL-Aca:PTABLE fIELD IlEVXEW (TO SlJPPORT $--'
«««« ConcUeion information continues on att.ached addendum »»»»
Total ... t.... o",n ... :.. _
U
10/14/2004
DVP'llIRVP'slRSM'. S1gnahnll
DaIB
flWVNCOIfoI
• UNDElIWRIIlNGDECISIONItlONDIT101lIETre11
.
-92-
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 45 of 50
i:Dan:: 81737375
•
ADDENDUM TO UNDEAWRrrlNG DECISIONlCONDmON lETTER
(PAGE2 OF2 )
Bo""""fc Namo:NIVJ:& SAlmAN
Requlnlcl
PriDrTo
Condlllon
Status
CondlOon
CodD
Condltfon DasetlpUan/Colrmonls
DOCOHE:IlTS OPEN 064.
DOCOt'lElfIS OI>EN

FUlIDING OI>EN 007.
FlnlDIIIG OPEN 010.
FUt,llING OPEn 028.
FUNDING OPEN 077.
FOtlDIIlG OPEn 093.
FtlHDnlG OPEN 140.
$1,718,000 ptogralh guideline at cost to brwr, clll c_ds<Oo -ftQ',C,
.eo_p 9ttar
CORl\ECI1!3l/S1GilEll 1003 tAT LOCK-m-llATE)
Show type of busine'"
oTI!&R COIlDITlOl4 6
Acceptable VOR coverinq prasen-c residence, .req'd for 2nd
A!>PRAISAL-ACCEPTABLE CBL/NEW M'PRAISAL (MIN VAL-$_)
if not funded by 1212 provide a drivoby ext as a recert
APPIlAISAL-Al>PRAISER TO PROVDlE CORIIEIIT LICENSE
Provide also an additional set. at color photos
BROKER CERTIFICATIOl! TflAT ALL COPIES ARE TROE AND COR!IECT
RELOC - Copy OF FIRSt MORTGAGE NOn:
Concurrent close w1th 2nd. at $171800 , provide Dote
€ FORM 4506 I 95-01
OTHIlR COIlDITl011 3
Collect $:400 appraisal field review feG from in escrow
-93-
Fll.W1JCONV
• UNIlEllWlllT1NG lETIER
zcao.us (07104)
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 46 of 50
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EXHIBIT J
-94-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 47 of 50
WLD EXCEPTION FORM - BRANCH
by 7908113-a-;S
80/90 to 1.5Musln Core Jumbo with .750%add to fee tor Reduced Doc
Borrower Name Borrower Last Name Borrower SSN
FIle In Branch
Nlvle
Samaan
568579489
Yes
Co·Borrower First Name Co-Borrower Last Name Co-Borrower SSN Type of Submission
EPS Database
Branch Information
Branch Number Region Branch Contacl: Conlactext Branch Requestor
0000933 85 Marla mclalllin 2703
krislln
orlonlWLO/CFICCI
SP Information
BP Source Code BPName
09894 Pacific Mortgage
..
Consultanls
. .
Loan InformaUon 1st Lien
LDan Number. 1st Lien Loan Program 1st Uen Loan Program· DacumentaUon Type:
Name: Number.
81737375 NonConf ARM L1BOR 511 657
Reduced Doc
5·2·5 InlereslOnly
1st Uen Loan Amount: Na15HLUen?
LTV
CLTV
MI
1.374,400.00
Yes 80.00%
90.00%
No
Loan Intormallon 2nd Uen
2nd Uen Loan Number 2nd Uen Loan Program 2nd Uen loan.Program 2nd Uen LDan Amount: 2nd Uen Draw
Number.
Name:
Amount:
81737383
373 HElOC 10yrDraWl15yr 171,800.00 5171800.00
Repay
Propertv InformeUon
Purchase Price Appraisal Value Year Acquired
1.718.000.00 1.718,000.00 2004 l TV/CI,TVI
Property Address Property City Property Slate OcaJpancy Type
320 S. Peck Drive BeverlvHlIIs CA
Owner OccuDled
loan Purpose Condo Type
Property Type
Purchase
SFR
.-
Borrower Informetron
Borrower
Co-Borrower
_l:>nrm'......Inr:ome Borrower Employer Co-Borrower Income
Co-Borrower Employer
.1:. ,"b'?:l::>
Spellbound Enterprise, Inc•
BorrowerYears on job Co-Borrower Years on Job
Yes
4
BomawerPosffionTnUe
Co-Borrower PoslUonITIIle
PresIdent
If·less than 2 ears on the lab
If less than 2 ears on the lob
Employer Self Employed
Employer
Self Employed
'rears 00lob
PosifionTnlle
Years on job
Posi6onlnUe
Borrower Credit Inrormallon
_u,,_
I
I
I
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 48 of 50
PITI Monthly Obligation Ratios
Reserves
9509.91
956.00 2.85%
64.843.00
3.14%

Credit Score· Borrower Credit Score - CO-Borrower
723
credit COmments: Borrower's Rallo's Should be 28.85/31.40, Good Reserves. GOod Loan
Guideline Exception
OTHER(add comments below)
Comments for Other: SUDer Jumbo
Compensating Factors
Excellent Credit, Excellent Job Stablrrty, Excellent Reserves. HIgh F1cos
Requestor COmments
US/Secondary Comments
Standard Condilions
All the Information contained In thIs request Is accurate
The loan meets all other program guldellnes and requirements
The appraIsal supports the value and marketablfily of the SUbJect.
The appraisal comps are: 1) similar In size and design 2) recent sales and 3) are within areasonable distance from the SUbJect.
If all conditions above are not met lhls exception Is null and voidl
Non delegated Milo be obtained by the branch and acopy of the certJficate ID be In file plior ID closing
If loan Is Treasury Bank eligible. please remove from the Bank's pipeline.
Additional Condillons
Requestor COmments (old):
-96-
.
j
Case 2:08-cv-01550-VAP-CW Document 40-2 Filed 04/17/2008 Page 49 of 50
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EXHIBITK
-97-
Notice of Samaan's Fraudulent Loan A{lplications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
C
a
s
e

2
:
0
8
-
c
v
-
0
1
5
5
0
-
V
A
P
-
C
W





D
o
c
u
m
e
n
t

4
0
-
2






F
i
l
e
d

0
4
/
1
7
/
2
0
0
8





P
a
g
e

5
0

o
f

5
0
•
1st Lien Amount: 1,374.400.00
Appraisal Value: 1,718,000.00
•
2nd Loan Amount: 171,800.00
Property Type: SFR
Doc Type: Reduced Doc
LTV: 80.00% CLTV: 90.00%. MI: No
•••,",••••,.,••••••,.*•••*.*.*,•••, ••*.,.*,.,*'*.'*"""'*'*"'*"*""""""**""""""*'*""a***a,*****•••*
..
Exception Request DetaUs:
: 80/90 to 1.5Musing Core Jumbo with .750% add \9dee for Reduced Doc
Kristin Orton,10/25/2004 3:08:49 PM·>Borrower's Should Be $33,333 Not $333,333
Mlcnelle petti, 1UJ2612UU4 IOanlll£:ftO"aay
Demetrio Gadi,10129/200410:29:57 AM·>File is approved with no exc;:eptlons under the Enhanced 80/90
program•
•••••,••••" ••••••••••••••*.'•••••a••••••••" •••••" ••••".,••",••••••••••••••,.*.*•••*.",.,•••".**•••",*",." ••••••
.
'*
Conditions:
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 1 of 50
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EXHIBITL
-99-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Undenvritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 2 of 50
WebTrak Order Entry -
t
···
, .
.-
Page 1 of 1
WEBTRAK ORDER ENTRY
Thank you for your order. The case has been assigned a tracking code of41004810.
ICategory II Data
I
IOrder Number 1141004810
I
IJob Type II Field 2000
I
Loan Number 181737375
I
f.§.M_
INlvle Samaan
I
\320 S. Peck Drive
I
IProperty City II Beverly HHls
I
I State
IleA
I
CLIENT ALERT:
confirmed on this page was a REVIEW PRODUCT, please send the appraisal to
be reviewed to:
[1} E-mail PDF copies to: Review Order Desk.
00 . ./
[2J Print this page and use as a cover sheet to fax the appraisal to LSI @.800-668-8585.
The review process will be initiated following receipt of your appraisal report.
Please be sure to note the order number carefully on your loan file. If you wish to make
changes to the information just entered or need to cancel the order, please contact one of our
customer service representatives at your nearest office.
To enter additional orders, please press the Order Entry button on the left menu
ReportAES·1006W
CDpyrlght@1999Appralsal Enhancement Services
-100-
http://www
1
ousleyinc.comIWebTraklclient_module/securedJ'ages/order_entry2.asp 10/2512004
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 3 of 50
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-101-
EXHIBITM
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 4 of 50
e:ro-:.r.'
KlCME'" JAMES O'llE'ILl>Y' DII'l'. PACltIc:
MOR'tGM& CWSOLIAN,TS
llranch I, 0000933 "aka<"""""'" .:.V.::IC::.T::.:O",R.:.'0,-,2",1<RK::c,::c' ,:::5-.:.' _
I.!NOJ\.ll.O S=l sn; un
SAN RllFIlEL, eA lt4901 -_
Phone: (415)257-2101
F*X: BltIIcwFa·.r.
If you!l&Vt qUHllons aboulltll. p1_corrttet' us at tho< phone number 'Jli>¢'i'h
Xil)a.., n_r 61737375 lias be"n ",,":levEl<! a" tho. fOllovinq t!lrntS f<ir NXVUo SA_I<:
finan.. Typo: 1'ClRCliAS£
Proj)lta1y_lZO S Pl<CK OR
Il!i'VBRXiY f1l:LLS, Ch
90212-3115
f'raI>ollt Typo: Sf'll
F),x:rt



C<>dISoo.,,,
LO<.:k E:o-::pirat'ion"
::Ja:e:,
OI'l!fD:fl;OCCUPIIlO
ItSb'tl'Ci;O
NIll;'
723
1l-.-.aI
11.314.4,00.00 .

500


""rnJoodvor""
0.00
_Aol.o
5.500
"""vIn
2.250
-p-
I. ?-ta.. aao. 00
DIooIi'llo·
0....0:00
: Pfopa.;....!.F\onOlty?
"$0.,
This lo-an has been SUSOCN.OEO urtt;;i.l tiM fallovin.g' ino£ortnation iI', {fe, "'11"•.
this infocmat.ion· by 10/2S1200-4 t If ""eo do. not. rece.i:v:-c i-t by th-at.: date';:· "'e- lIl\l,s:t ClOff.' tne:e- f:!le
.Ear inocu.pletenes3. Whetl wee recoe-ive. ini£om:a:,t-i:oor · we ...:ill, review ('he· (i.I.e' 50:t::" f,urth-e:--x:
determL'1ar.ion ..
1 corp- appro",,,-l req:d' for program vI . to
. Aliy cortcUt,1on" .p:-.ov;i:ue a copy padlage a,l<mq with
"U CQhdJ....iol\:!I . .in ..
2 ttZ·Jt:1n:'l>C'O .b-e' .how- .l9.\· -.do "to ['It'e' tOl: ..nh..net!d
.pt'oQ'%aJlt-
PrOv.1cwcorupl.:I:.C: .• .. fucrov .1,utt.tuet'-1on:a
vitlflot;·· .u:i;.· ....
,
I
API'!lU$A!>"AC'"..r.PrAJlLl< !'±tL!> !tt.VrB1I' (TO !'.llP!'<l"J ' 1 .
prOl1r-AJlt q\li1c!.U1J).•. 4.1:.. coct'td btV'r.. >"'i11 Q,tilc.:r

s 1011:f IAr
otbusiMSS
{p",qe'
\'o\Il.

IIII
-o::nt.l·
1 of :t 44,511
-102-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 5 of 50
LJ2UGX& At
26 2DC, :C:53/11O. 5334870666 P
Loon., 61737315 8otrc..... Nanw: :.:SAMAAN=='-',c....:":.:I::V:.:!:.:£=-- _
W. ",1.11. be oble 1::0 tund your loGAYl when tM following are Net. 1ulnS wtll aho appea[
on your clodnl) 1n3eruc:;ion,):
------------.... ------------------------.._-_... _------------_... _-----------------... _-----
6 APPRAISIl,!,.-ACC£Fi"l\SLE CKL/NI:W APPtU.Is.P.J, IMIN
i.f not: fundod by 12/2 provide a d.rltteby e.K:: a" 0 r.o:ert
7 To CURR£NT
iiL:to an ..dd1I;Jon..l ut. of colot"
Q 9MKER C£R'1":rFICATI0N TK!.'!' 1\1L copn;s Al\t Ti\CE P.1«) CQilR.£CT
9 E.&1O::- - copy OF ,.1MI' HOR:fGACE HOT!:
Concurrent: cloa8 with 2nd: At. $1'11800 " pro7ido f'lote
10 XlICCME-cOHI'I£reISIGIIED rOlll< <506 1 93-01
11, COllect 5400 appraiS'lll !1e-ld nviev ftt Ern.... br\lt 1.n ••C'xo,,",
Thank you for eubrRittlnq your loan to CouDt.:ryw1de-, I'JQerica's "holesale Len4ex I Ht slne..xc:ly 6pp,,"aeiat..
your
DIAm:
DVI'I"RV!'/RSli
lO/H/200<
Date
Date
thft tol.lowlnq' eondir.ione have- ••ti:tC1.ed and an ,hown here. for reterenclt only;
Concl1tlon DeSc./CoauMnt.c
BO&R.OWliP. REGARDING _
Aec.pt.abl+ .xplllln4t.lon wny 01...1n••• J.n 4lL reve-rse l' on 1221 SO
AJ.treCl,
V.rify $3011;. on 4"P03l1.C till e"croM' wi sourc. wr1tled
Provide OJ' lieens.. or: crA letter C.:U.ecl last. 2
yr: 1D40·. :sell cllployed .an& location
1iI" bk 3t.. 1681-C0ge)80 for 7112 thr. DIll ot $10Bk
Accept-Able VCR pre-,ent ruidan.... seq' Q for 2nd
(PB90 2 of 2 10/26/2001 10: 00: 52)
• utJDeJMAmNG DECI8/OtlIOONDf11ONLEmA • WID
2£2Il'·u&(OOIOI1
-103-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 6 of 50
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-104-
EXHIBITN
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 7 of 50
•
•
Demetrio. GadilWLD/CF/CCI
10/29/2004 10:46AM
To Kristin OrtonlWlD/CF/CCI@Counbywide
co Maria McLaurlnlWholesale/CF/CCI@COUNTRYWIDE
bee
SUbject Exception Certificate - Result: Final ApprovaVlSamaan I
JUMBO·
PRINT THIS DOCUMENT FOR THE LOAN FILE
EXCEPTION REQUEST RESULT: FINAL APPROVAL
Reason for Decline:
Terms of Counteroffer:
."••••' •• '1 "" " , a••tU.U•• " , •••••• " "' "••
Priclng Information: /
1st Mtg Risk-Based Add-on: 0.750
Applies To: Fee
2nd Mtg Risk-Based Add-on:
Applies To:
: The 'Risk-based add-ons' posted above, do not cantaln adjusl!nents for: lowloan amount, escrow
waiver, non-e-Approve, 45·day and greater refinance, LTV>60 and Fico<620 (Conf only), or TAMI
Incentive. Before quoting price, where warranted, add the appropriate adjustments for these
characteristics toWholesale Pricing Desk 'Risk-based add-ons' above.
Pricing Comments: Demetrio Gadi,10/29/2004 10:20:37 AM->Based on the current loan characteristics
noted on this form, standard add-ons must be applied as disclosed In ~ g e pIus the base price must be
adjusted by 0.75 pts for Enhanced 80/90 reduced doc.
• u u . ~ "' •••a u*., U.U*.U.l.* UU" d&U&U U&***U• ........AU•• U " ' .. lU" "
..
Borrower NE!me: Nivie Samean1JUMBO·
Property Address: 320 S. Peck Drive, Beverly Hills, CA
Branch Requestor: kristin ortonIWLD/CF/CCI
DatelTime Requested: 10/2512004 02:59 PM
Gadi,1012912004 10:29:01 AM->Flnal Approvel
Branch Number. 0000933
DatelTime Decision: Demetrio
••"".."., " ,••" ",,*.., , , u., ,,,,,,, u, ,, .
..
Loan Purpose: Purchase Cashoul Amount: Occupancy: Owner Occupied
AI. ..:U as .. II .. 'U. *.1U i.a"' •• "••• , at. al U , 'a.. ' il iii. Aa'" ai itl , at •• at •• it ••••'al .
..
-105-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 8 of 50
•
1st Lien Amount: 1,374,400.00
Appraisal Value: 1,718,000.00
2nd Loan Amount: 171,800.00
Property Type: SFR Doc Type: Reduced Doc
LTV:8Q.OO% CLTV: 90.00%· MI:No
at '.,_., it •• , •• , A.'"'''' tt:&" tit' it ',' iii: .. ill U i''''Ie'' L it "'i&Ii A•• ' "*I."U .. iii ' it 'Ii" * .. Ai U""'i"':II,it * .
Exception Request Details:
: 80190 to 1.5Musing Core Jumbo with .750% add tofee for Reduced Doc
Krislln Orton,10/2512004 3:08:49 PM->Borrower's Income Should Be $33,333 Not $333,333
Miohelle Petti,10/26/2004 3:03:14 PM·>Recelved loanfile today
Demetrio Gadi,10/29/2004 10:29:57AM·>File is approved with no ex<;eptions under the Enhanced 80190
program.
al _.'''.Ie ,."•••••11 .. "'""",.,.a.' , "' •••• au , •••, Ul •••••••••". as ai ,.. ,.a" It, •• AU *,:to .,., "•• , ••
Conditions:
/' PRIORTO DOCUMENTS (PTD) CONDITIONS I BRANCHTOREVIEW& SIGN OFF
,/-Field reviewby CHL approved review appraiser to be ordered by branch supporting of no less than
$1,718,000
Satisfy all branch underwriting conditions & all CLUES conditions
CLUES to be accurate at close based on final EPS
Quality Verification and Documentation Checklist completed and executed by underwriter
/}JtuJ- -Letterfrom co-owner of Wells Fargo account # 6814098380 stating relationship to borrower and that
borrower has unrestricted access to all funds
Appraiser with AG or AR designation to co-sign appraisal &mark box indicating "Did Inspeot Property"
REO on credit report - 5353 San Vicente Blvd
PRIORTO FUNDING (PTF) CONDITIONS1BRANCH TO REVIEW& SIGN OFF
../........-aorrowers to sign/date 4506--T
...... of first mortgage note for 2nd td file
",<..-fst & 2nd td's to close conourrent
NOTE: clear to close
: Reduced doc, purchase, 5/1 L1bor 10, Enhanced 80190, 1st td $1,374,400 &heloc $171,800; no
exception
GUIDELINE EXCEPTIONS
-106-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 9 of 50
IF ALL CONDITIONS ABOVE ARE NOT MET THIS EXCEPTION IS NULL AND VOIOI
THIS IS AN EXCEPTION DECISION ONLYAND NOT ALOAN APPROVAL.
*This represents the risk-based add·cns for the loan program. All other
add-ons such as CWBC fee. escrowwaiver fee, elc. will still apply, as
applicable.
Branch Enby Screen - > ~
-107-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 10 of 50
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EXHIBIT 0
-108-
Notice of Samaan's Fraudulent Loan AJ;lplications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 11 of 50
DBA PACIFIC
Bmkcr.
&rica'S WholesaJ.e Lender •
Sulmission Approval
HIClIJ\El. JAMES O' REILLY
MORTGAGE CONSOI.TANTS
COUNTRYWIDE HOME LOANS, INC.
Broiler Contact: VICTOR PARKS
AnancoTypo: E'URCIll\SB
PlOperty -..:320 S PECK DR
BEVERLY Hn.J.S, CA
90212-3715
Proporty Type: SFR
LIen Pasltlall: First
Branch '1 0000933
750 LINDARO STR2ET STE 110
SAN RAFAEL, CA 94901
Sn>lIerPhol18:
(415)257-2701
BrolIerFa..: &$) &r-Y.?!f
If you havequestions about this leiter, please coniaci us at
Loan number 81737375 bas been reviewsd at the foUowing tems for IUVIE 79'" f>
lDan P"'IP"'"' M: 5/1 Lnm llRM :ISltexestOnly OccoJpanll)'Typo:
OWNER OCllUPIEO
DDClIII18IllalIan Type:
REDUCED
FUskGrada:
N/A
CfodllScote:
723
Lock Expiration
Date:
LonnAmaunl
Appraised Value
Set... Pdco
LTVICLTV
1,374,400.00
0.00
1,718,000.00
110 •.00 1 90.00
CWIlfylngRala
5tlIIIRale
R&ba18Pb
Disc PIs
10.500
5.500
0.000
0.000
Ind••
Margin
Tonn
P"'I>8l'f1'8nt Ponel\y7
2.461
2.250
360
No, No. of Mos. 0 This loan is APPROVED subject to the satisfactory cOMPletion of the conditions
listed below. It is important to submit all prior document conditions in a timely manner
to ensure timely issuance of your loan documents. This approval is valid based on the
expiration date indicated on your CWBC e-Approve or 120* days the oldest credit or
appraisal document used for this transaction. Changes in the borrower(s) financial status or
9l1lplcyment during this period may invalidate this apPJ'oval.
"For non-confotming A-paper products the appraisal is valid for 60 days.
Clo.inq w:l.ll Ile made available "hen the followinq conditions are ...tc.:
COndition Condition Desc/COllments

1
Pl\A:ISl\I.-ACCEl'TABLE FXELI> I\SV:IEW (TO SUl:'POIlr $-1 $1,718,000 progr.... guideline at cost tc.o IlNr, lord.reel 10/25/04)
2 J\PPlIAlSlIL-lIIlDENIlIlH FROll APP1lJ\ISllL !lEGll1Ul:mG: _
Apprai.aers 11eeolle, appraiser wJ.tb An O,J;" AI\ desi9l1at:.ion murJt co-siqu appxaisal , IllUk I>ox . indicating "Did Xnspect Property'
3 1003 (AT LOClt-:I!'l-RlI1E)
shOW type of busineDs
Pricing to be coneoteel to SbOlf .754 adel to fe. fo: this enhanced
exception p:rotp:8lIl
5 Pl:OV1ele cOlllPlete executecl puxchase cont:z:act, "sc:z:ow 1Jlstxuct:!.ons
"ill not act: .es a substitute
State....nt hOlR. Maxqaret SaIll""" statinq I>oxrower has full acel ulU:estd.ctecl. use of joint funds in lIFB 1681-40'8380
7 t.ettc.er of "xplanation "hy CX<ldit report reflects Bdcl.1:en of 5353
(page 1 of 2 10/2912004 14:03150)
• llNll£JlWRIT1NGllEClStONlCONOmONLETTEfI· WlD
l!e281.\lS (1l".JlM)(d)
I
"23991"
-109-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 12 of 50
•
•
l.oanill: 81737375 Bonllwer's Name: _
San Vicente Blvd, Los Angeles as of 1/04
lie "ill be able to tund your loan when the following' conditions an met (these items will also appear
OD your clos1.n9 instructions):
Condll:ion Condition Desc/CO....ents
APPRAISAL-ACCEPIABLE CllL/NEll APPI\AXSAL (KIN VJ\La$--l
if not funded by 12/2 p=V1de .. ddveby exta. a recen.
9 APPIlAXSAL-IIPPRAISE:R TO PROVIDE: CUIUU:RT LICENSE:
Provide also an add1t.ional set of color photos
10 BRoIlER =IFJ:CAXXON THAT ALL COPIES IUIE 'IRlJE: I\lID C01UlE:CT
11 IlELOC - COPY or FIRST MORTGAGE NOTE
Concurrent close with 2nd at $171800 , provide not."
12 INCQME:-COIlPLE:TE/SJ:GHI:tl FOllll 4506 I 95-01
13 Collect $400 apprahal field review fee frCllll brwr in escrow
14 RF bl: sbJlt '6Bl-409B380 for 7/12 thru B/12 at $lBOk
Thank you for su!:=ittiIlq your loan to Countxywide, lIJllerica' s WhOlesale Lender I lie sincerely appreciate
your busUJes9.
dl:
nde >:iter
- ;k .
---dt
'Branch Manager
DVPIRVPIIlSIl
10/29/2004
Dat.e
-flMM-------
Date
Date
The following conc:l1tions have been satisfied and ate shown here for raference only:
Cond1tion DRSc/C_nu
.;. BORROlIIER lIRJ:TTEN EXPLANATION RE:Gl\RD%llG _
Acceptable e"pl"""t10n why business in 411 ;Mve:tse is on 1227 So
Alfred, L.A.
Corp approval req'd for this enhanced p%ogram vI .75% added to
fe.. , any conditi""". p:tovide a c""'l'lete copy package alon9 with
all conditions iII t:tiplicate
Ve:tify S30k on deposit vI "8""OW wI source verified
Provide 03' bua1nen 11cono.. 0% CPA letter verlfyio9 filed last 2
yr. 1040's as self eDlPloyed same location
Aoceptable vca c""edog' present %Csldence, x..q'd fox 2nd
-110-
(fage 2 of 2 10/29/2004 14:03:51)
• UNDiIl'M'IITlNGDEC1SIONICONDl11ON l.ETTER. Wl.D
2E2llt-IJS(0!lID4)
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 13 of 50
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EXHIBITP
-111-
Notice of Samaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Undenvritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 14 of 50
• •
Urgent
LSI File #: 41004810
Cover Sheet - Resllits Attached
rllv'!ice (Bi-monthly invoice summary mayfollowper clientprofile)
Addressee/Addressor
To:
Contact:
Conrpally:
Pllonc#:
Fax#:
IKristin Orton
!Countrywide- Wholesale
1750 Undaro St., Sulle 110
ISan Rafael. CA 94901
1(415) 257-2716 IExt:
1(415) 259.0864 I r-I--.:===--,
ClieJlt#: 19501
From:
Compally: !LSI, Coraopolis
Pllone It: =, .....J
Fax#: 1(800) 668-8585
Date: 1111031200412:25 PMI
# o/Pages Sell I: 0
TfYDU I,ave DnJ'prDblOll!l wld,ll,. nDdpl oltllisIta, pl=eCDII/Dd Ih. dcportnl'"1tJlllI. number
lIoID4do... FDr 1111 othuquc:s/IDns, pl'DJ' lUk10 speDk100 CustOIIlD/' ReJDlJonJ ADDDunl Monogu.
File Identification
Borrower: INivie Samaan Job Type: IFleld 2000
Loan Number: 181737376
Property == -=-=-=-=-= 1902121
Replew Valtte: IPlease see attached documents. I
Total Fee: I $255.00·1 Amounl Paid: I $0.00 I Balance Due: I $255.00 I
A.dditional Comments
-112-
Eastern ReglonDIOJliw
700 Cbcrrington Parln<Iy· ConIopolls, PA 1510&
ToR Frtc: 1·IOII-<rS1·2400 • FII: .-800.66I.asas
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 15 of 50
• •
Complete Appraisal, SummlllY Appraisal Report
• 81131315
One-Unit Residential Appraisal Field ReviewReport FOe No. 41004810
The PUlllose of this eppralsal reviewIs to the of the fectual data and conclusions and to determlne·the
reasonableness of the value opinIon contlllne<fin the apprel5aJ report under review. When thl! value Is determined to be
unrBBsoneble, the review appraiser Is required to develop and report his or her O\Nl1 oPlnlon Of value. The Intended use 01 this
report Is for qual\ly assurance for the lenilerlcllent end mey be used as part 01 a slate licensing Of regulalDry board ralerrel.
Proo Addtess32l1 S. Peck Drive C Beverl Hias SlaleCA Code 90212
aI 0 lionTraol7710 ...,1 2S2 los Anoeles
Assessor's Parcel No. 4328-024-023 Mao Reference632·F3 Census 1: 1010.00
Borrower Samaan . Cum!nt OwnerZtmiok
Pro .his raised X Fee 81m Ie leasehold eel l' e Cantlo PUD B'allve
loan No. 81731375 ElIediveDale of 0 InaIADoraisa110J2I2004 ManufaduredHouslno YES)( NO
SCOPE OF WORK: In order 10 make a delennlnallon as to the reasonableness or Ihe 01 value, the review
all
and assumed the property cOndUon reported
II the revlew appraiser determInes the opinion of value Is unreasoneble, he or ehe is r!'<lulled 10 provide an opinion 01 value. The
review appraiser Is not required to replicate Ihe by the original appraiser. Those lIems In the original
bellaves 10
assumplion
j
which is identined fin Queslion 2. II Ihe review appraiser delermlneslhe opinion of value Is
unreasonab e, he or she must p aI dala thel h"" been researched and anelyzed to produce a credible opinion of
valua In accordance with the ep nof Standard , ollha USPAP.
Section I • Complete for all assignments
1. Provide asaleJlransfer and IIsUng hislorylor !he SIIbject property lor 8 minimum of threeyears prior to the ef(EClive dale of the
orilinal annralsal/lf the Inrormetlon Is available to . er in the llOlTnal courseo'-huslness Irom I M1i:>h1A ""ureel.
8alelRecordino Dale &lIes Price UsVAskino Price Grantor/Grantee OaleSoUtCe
No RBllorted Transfer with Ihe
..t38 months. 081 oubllc records.
Analvze saleltransfer hisiorv lor the Bubiecl oroDerIv and """,rt IIs1mDact. ifanv. on the value oDlnlon in the BonralsaJ reoort under review:
IRW, lhe eppr;saJ report conlain the appropriale sale(s) and/or prior nsUng(s) 01lhesubject property and comparablesales?
X YES NQ.exoIain. ND reDorted transfer ,oAthln the last 36 monlhs. MLS#04-086856Ind1ca1es sublectls listed fer 61 695 000
and was exoosed to lhemarital for 52 d."". Sales actrement was nel Drovlded lor review.
2. Is the dala In the aDDralssl reDcrt ledual and 2CCUlBfe7. X YES-oravide ab,lelsummRlV. NQ.exoIaln "nd comDlele Seellon II.
Ovetall dala orovided within Ihe """,11 "nnears reasonable y,;th nr/v minor data lfrscreoancies bilerecords and MLS
verification of data.
3. final oplnlon 01markel vakJeMthe subjecl properly reasonable as of the effectivedaleof the appralsal t.rlder _1e#II
X YE5-Drovide ebrief oumm:vv_ NO-e>1llaln and comm"e Sodlnn_ II .nr1 lit Fin.t ....timBle Is within slandard revle\v ouidelines
fo' valuevertanee and is Ihereloreouoocrled.
.
•
. .. .
...
...
1. Is the enalvsis 01 the neiohbomODd comnlele and accuale7 VES-orovlde ebrief summaN. . ND-e>Illeln.
2. enalysls of theslle, InclUdingriYapparer4 edV6'S8 ollecondillons and the highBlt and besl use, c:amplele and aa:urale7
YES-nRll'ide a brte/ summaN. NQ.ecolain.
3. Ara1heZlJnln,,,:lassificallon descriDtion. and ccmDli2nc:e eauale? YES-DlDvide 8 bile! summarY. NQ.elQllain.
4. Is the data In Ihe Imnrovsnen19 oecUon comnlete and aOClJ'llle? YES-DlOOIlde abrtelstmmsN. NO-exnlaln.
-_Ll
-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 16 of 50
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EXHIBITQ
-114-
Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 17 of 50

COUNTRYWIDE HOME LOANS,INC.
.L.ica' s Wholesal.e Lender
Subm.ission Approval
KICBlIBL .J2\M6S 0' REILLY
MORTGAGE CONSULTANTS
ORA PACIFIC
BIoker Phone:
BroIcerConfBct VICTOR PARKS
Branch t: 0000933
750 LINDARO STREET STE 110
SlIN RA!"AEL, CA 94901
Phone: (415)257-2701
Fax:
BrokGrFax#:
If yoU have questions about this letter, please contact us at the pbone nUlllber above.
Loan number 81737375 has been reviewed-at the following terms NIVIE SAMAAN:
Loan Prograllt He Sil LIBR ABM Xute>:estOnl.y
FInance Type: POIICRASE
ProperlY Addrll$ll,320 S PECK DR
BEVERLr HILLS, CA
90212-3115
ProperlYType: SFR
Usn PosllIan: First
OcoIJpancy Type:
Doeumental!onType:
RIsk Grade:
CrodltS""",:
Look Expiration
Date:
OWN;;R OCCll!?IED
REDUCED
N/A
723
lollllAmount
AppraIsed Value Sal... Prl<:e
LTVICLlV
1,374,400.00 0.00
1,716,000.00
80.00 / 90.00
Qualllylllg Rate
6tarI Rate
RllbalePIs Olso Plo
10.500
5.500
0.000
0.000
Indo.
Morgin
Tenn
Pmpaymenl Penalty?
2.461
2.250
360
No, No. of Mos. 0
This loan is APPROVEO oubject to the satisfactory completion of the specific conditions
listed below. It is important to submit all prior to conditions in a timely manner
to eneure timely issuance of your loan documents. Tbis approval is valid based on the
expiration date indicated on your cwec a-Approve or 120· days from the oldest credit or
appraisal document used for this transaction. Cbanges in the borrower(s) financial status or
employment during this period nay invalidate this approval.
"For non-conforming A-paper products the eppraisal is valid for 60 days.
Clo!)lng documentt: will be tAade available when the foUowi.. .. 5J cond1t:ions are mot:
COndition Condition Oesc/ColIIlIIents
APl'RAJ:Sl\L-ADOElIDUli FROM APPRAJ:SAL tu:GAROINGI
Apprai.ezs llcanoe, appraiser witb lIG or llR de.ignatioo DlUst
<:o-.ign eppraisal mark box indicating "!lid In.pe..t Property'
COM&C7EO/SIGNEO 1003 (liT LOCK-nHIlITE:)
show type of business
3 Pricing to ba eonected to abow .75' add to fee for this enluulced
exception praqram
Provide c.eaplete execut4Kl purchase contract, esaow 1Ds'tX'Uctions
wUl not set as a subst:itute
5 Stat""",nt from HarlJaret S......an stl>ting borrower bes full and
unrestricted use of joint funds in lIFB t681-4098380
Letter of explanation wby credit report refleets address of 5353
San Vicente Blvd, Lo. Angel"" as of 1/04
(Page 1 of 2 11/03/2004 18:04:53)
.. UNDeRWRI11I'.'GqectSlONlCONOmONLETta\. WLll
2f2ll1-US(ll9tOl)(dj
•
'2S&91'
-115-
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 18 of 50
•

BcrroWlll'. Nam.:, -=SJlMAAN::=::==,...:;N:,:IVc:..:I:,:E:.- _
110 w11l be able to fund your loan wboo tho following conditions ""e met (tbeee items will <11so appear on you!: closing inetl:Uctionsl :
COnd.l.tion Condition D<tsc/conoonts
7 APPRAISAL-ACCEl'tA!lLE CBL/NEW APFRIUSAL (MIn
if not funded by 1212 provide a driveby <txt as a reeut
APFRAISA],-APPRAISER TO FROITIJ)E C1lRllElIT LICENSE
Prorid!! also an add.1tional 8et. of color photo:;
9 BROKER CIlRTIFICATION IlIAl' ALL COPIES ARE :mOE J\ND CORREC:r
10 IIELOC - COl?Y OF FIRST MORTGAGE NOTE
COncurrent olose with 2nd at & provide note
11 INCOME-cOMPLE'tE/SIGNEll FORM I 95-01
12 Collect appraisill £teld review fee from br..r in e.crow
13 WF bk stitt 1681-4098380 for 7/12 thru 8/12 at S180k
'thank you for aul:2m1.t.tinq your loan to Counuywide, Alnerica.
1
s WholesalG Lende.r f tie Giace:ely approciate your business.
DXAllE FRAZIER

L!l-tUU- _
B.ranch Hanaq&%
DVP/RlIl'/RSli
10/29/2004
Date
_
Date
Date
The following concl1t1ons ha.ve bean sat.i3fied And are shown bere for refeJ:enc:e
Condition' Dellc/CDl1mlents
------------------------,
BORROIIER lIIUTIEll REGARDnlG _
AceeptllbJ.. explanation why bucines. in 411 :tellers" is on 1227 So
Alfred, I..A.
COrp appzov<11 zaq'd for thi. enhanced pr01Jr.... 'Ill • od<led to
fee , any conditJ.on., pzovide a cODlplete copy package along with
<111 conditions in triplicate
vodfy 830k on deposit'll esczDW wI souzee vedfied
Pzovide 03' business license 0: CPA letter verifying filed last: 2
yl:B 1040' s .s self eJDP10yed same loCAtion
llFFRAISIIJ.-ACCt:P'%AIlLE FIELD REVIEW (to SIlPPORT
$1,718,000 pl:ogram guideline at cost to brwr, (ol:de.red 10/25/04)
ACc:.6ptable VOR covQl:inq prebent ::e"idstnce, X"eq'd. fox 2nd
-116-
(Page 2 of 2 11/03/2004 18:04:54)
• UNOElIWRIl1NGDEClSlONICONomoo IEI'TER. WID
2£:$HlS(OMU)
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 19 of 50
1
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EXHIBITR
-117-
Notice ofSamaan's Fraudulent Loan Applications and Fraudulent Representations
Regarding their Underwriting by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 20 of 50
ATE: 01/27/2005
PPLICATION #: 81737383
YPE OF CREDIT REQUESTED: HOME EQUITY LINE OF CREDIT
ROPERTY ADDRESS: 320 S PECK DR
BEVERLY HILLS, CA 90212-3715
rVIE SAMAAN
227 1/2 S ALFRED STREET
OS ANGELES, CA 90035
Countrywide Bank, a division of Treasury Bank,
N.A.
225 West Hillcrest Drive
Thousand Oaks, CA 91360
Phone : (BOOI 731-40B9
E'ax : IB05) 371-6400
NOTICE OF ACTION TAKEN
ou recenlly applied 10 Countrywide Home Loons ("Countrywide") 10 assisl you with your rcal eslale financing needs. As pari of your appUCtltion
'Ocess, Countrywide submilled your applicalion 10 us,
ountrywide Bank, a division of Treasury Bank, N.A.
,r considerolion. After carefully reviewing your applicalion, we are sorry 10 advise you Ihat we cannol grant a loan 10 you at Ihis lime. If ynu would
{C a slalemenl of specific reoSons wh}' your oppllcalion was denied, please contacl one of our underwriting specialisls 01
800) 731-4089 within 60 days of Ihe dale of this leller. We will provide you wllb Ihe slatement of rcosons
ifhin 30 days afler receiving your requesl
redilor's Nome:
redUor's Address:
CountrywIde Bank, a division of Treasury Bank,
N.A. '
225 W. Hillcrest Dr., MS TO-44
Thousand Oaks, CA 91360
ATTN: UNDERWRmNG OVERSIGHT
we oblained informalion from a consumer reporting agency as part of our considerotion of your application, ils name, address, ond [loll-free]
lephone number is shown below. TI,e reporting agency played no part In our decision and is unable lo'supply specific reasons why we have denied
edil 10 you. You have a righi under Ihe Fair Credit Reporting Acl to know lhe Information conlained in your credillile 01 UJe consumer reporting
:ency. You have a tightlo a free copy of your report from Ihe reporting agency, if you requesl it no laler than 60 days after you received Ihls notice.
,addition, if you find lbat any informal ion contained in Ihe repon you received is inaccurate or incomplete, you have lbe righllo dispute Ihe maUer
IIh Ihe reporting agency. You can find out aboullhe informalion contained in your file (if one was used) by conlacting:
ame:
ddress:
:011 Freel Telephone Number:
,"cercly•
•nding Operations
LANDSAFE CREDIT
1515 WALNUT GROVE AVE
ROSEMEAD, CA 91770
(800) 447-1692
OTICIl: 'Il,e federal Equal CrCllil OpportunilY Act prohibils credi.ors from discrirr.naling acllins! <redil applicanls on Ihe basis of race, rotor, religion, naliona!
igin, sex, manlalslalus, age (provided 'he appliconl has Ihe capacity 10 cnler inlo a binding eanlOlel); because nil or part of the applicant's income derives from nny
.blie ISSistAnce program; or becauselhe applicant has in good faith excn:iscd any righl under lbe Consumer Credil Prolection AcL The federal Dgency thai Ddministent
"lIpliancc with this law concerning lhis creditor is the
ffice of the Comptroller of the Currency, Customer Assistance Group 1301 McKinney Street,
uite 3450 Houston, Texas 77010-9050
iANNCXJIN
NoUce 01 Adlon Taken· Treasury Bank
;054-US (12103)(d)
III
2 S 9 9 1 •
-118-
-
'0817S7383000001E054'
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 21 of 50
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EXHIBIT S
-119-
Notice of Samaan's Fraudulent Loan AJ;Jplications and Fraudulent Representations
Regarding their Undenvritmg by Samaan & Countrywide
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 22 of 50
310.372.1111 SOUSACDURTREPORleRS 71-4-)71-41111 310-3n.1111 SOUSA COURT REPORTERS
Page I
SUPERIOR COURT Of THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - WEST DISTRICT
THE DEPOSITION OF NIVIE SAMAAN, TAKEN ON BEHALf Of
DEFEND"'.NT AND CROSS-COOPL.a.IN...NT JOSEPH ZERNIK, AT 900 SOUTH
f'IGUEROA STREET, 12TH FLOOR, LOS ANGELES, CALIFORNIA, AT
10:08 A.M., MONDAY, JULY 10, 2006, BEfORE PATRICIA E.
NIVIE SAHAAN, AN INDIVIDlJ.ll,L,
NAKANO, C.S.R. NO. 5624, SHORTHAND REPORTER fOR THE STATE
OF CALIFORNIA, PURSUANT TO NOTICE.
PLAINTIFF,
VS. CASE NO. SC 081400
APPEARANCES OF COUNSEL:
JOSEPH ZERNIK, AN INDIVIDUAL, AND
DOES 1 THROUGH 20, INCLUSIVE,
10 FOR PLAINTIFF:
10
11 LAW OFFICES OF JAY R. STEIN
DEFENOANl'S. 12 BY: JAY R. STEIN, ESQ.
11
AND ALL RELATED CROSS-ACTIONS.
13 1801 CENTURY PARK EAST
HONDAY, JULY 10, 2006
DEPOSITION OF NlVIE SAM}l.AN
Los ANGELES, CALIFORNIA
12
13
14
15
16
17
18
19
20
21 REPORTED 8Y:
PATRICIA £. NAKANO
22 C.S.R. NO. 5624
JOB NO. 547246
14
15
16
11
18
19
20
21
22
23
SUITE :;!400
LOS ANGELES, CALIfORNIA 90061-2326
fOR DEFENDANT AND CROSS-COMPLAINANT JOSEPH ZERNIK:
SULLIVAN, WORKMAN , DEE, LLP
BY: CHARLES D. CUMMINGS, ESQ.
900 SOUTH FIGUEROA STREET
12TH FLOOR
LOS ANGELES, CALIFORNIA 90011
23
24
25
2'
25
NlVlESAMAAN 7tn'J06 NIVIESAMAAN 11l0J06
SOUSA COURT REPORTERS 714-S1I-0111 JI().]72·11I1 SOUSA COURTREPORttRS 7J.C-S71-OlIl

APPEARANCES OF COUNSEL: {CaNT. I I N D E X
FOR CROSS-DEFENDANTS COLDWELL BANKER RESIDENTIAL
WITNESS:
NIVIE SAMAAN
6
BROKERAGE AND MICHAEL LIBOW:
COLDWELL BANKER RESIDENTIAL BROKERAGE COMPANY
THE LAW DEPAATMENT
EXAMINATIoN BY:
MR. CUMMINGS
PAGE:
11611 SAN VICENTE BOULEVAAD
EXHIBITS
NINTH FLOOR
10
12 ALSO PRESENT:
13 JAE LLOYD
14 JOSEPH ZERNIK. (PAGE 9 TO PAGE 511
18
19
PAGE: DEFENDANT I 5
11
23
- NOTICE OF DEPOSITION AND DOC1IMENT PRODUCTION 18
12 OF NIVIE SAKAAN, SEVEN PAGES
13 2 - VARIOUS DOCUMENTS, BATES STAMPED 50001 16
THROUGH 50116, 116 PAGES
14
3 - PHOTOCOPY OF CHECK NO. 1074, DATED 9124/04, 59
15 IN THE AMOUNT OF $15,000, ONE PAGE
10 - LETTER, DATED SEPTEMBER 30, 2004, ONE PAGE 91
11 5 - LETTER, DATED SEPTEMBER 30, 2004, ONE PAGE 92
16 6 - LETTER, DATED OCTOBER 6, 2004, ONE PAGE 92
19 1 - LETTER, DATED SEPTEMBER 23, 2004, ONE PAGE 93
20 6 -
LETTER, DATED SEPTEMBER 23, 2004, ONE PAGE 94
21 9 - LETTER, DATED OCTOBER 5. 2004, ONE PAGE 91
22 10 - FAX COVER FROM MICHAEL J. LIBON, 99
-1 0-
10/15/04, WITH ATTACHED DOCUMENTS, SIX PAGES
LOS ANGELES, CALIFORNIA 90049-6510
(NOT PRESENT) IO
11
15
16
11
20
21
22
23
24
25
11 - DOCUMENT, DATED NOVEMBER 8, 2004, FROM GAIL 101
24 HERSHOWITZ, ONE PAGE
25
HlVTE SAMAAN 7/1CW6 NlVlE SAMAAN l/10iU6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 23 of 50
l1O-l11-1111 SOOSACOURTREPORTERS 11 ....HI-0111
LOS ANGELES. CALI FORNIII; MONDIIY, JULY la, 2006
10,08 II.H.
NIVIE SPJiAAN,
THE WITNESS HEREIN, HAVING BEEN FIRST
DULY ADMINISTERED THE OATH, WAS EXAMINED
AND TESTIFIED AS FOLLOWS:
lIO-l12·II11 SOUSACOIJRTREl'OR"ffiRS nl-Sll-4Hll
1 EVEN THOUGH THESE ARE INFORMAL PROCEEUINGS, AND
2 THEY'RE IN MY Of'FICE, THE OATH YOU'VE TAKEN JS THE SAME
3 OATH THAT YOU WOULD TAKE I f' YOU WERE IN COURT, AND
4 YOU'RE SUBJECT TO THE SAME PENALTIES IF YOU DON'T TELL
5 THE TRUTH AS IF YOU WERE IN COURT AND DIDN'T TELL THE
6 TRUTH.
7 DO YOU UNDERSTAND THAT?
A. YES.
WANT YOU TO ANSWER THE QUESTION. I WANT YOU TO TELL ME
9
10
ElU\I'fINI\TlON
BY MR. CUMMINGS, 10
o. IF YOU DON'T UNDERSTAND A QUESTION, I DON'T
II
12
13
14
Q. CAN YOU PLEIISE STIITE /\NO SPELL YOUR FULL NI\ME
FOR THE RECORD.
A. NIVIE SAMAAN, N-I-V-I-E S-A-M-A-A-N.
Q. I'M GOING TO GIVE YOU SOME INSTRUCTIONS NOW
11
12
13
14
YOU DON'T UNDERSTAND IT, WHY IT IS YOU DON'T UNDERSTAND
IT. I'LL ATTEMPT TO REPHRASE IT SO THAT YOU DO
UNDERSTAND IT.
1 F MY VOICE DROPS AND YOU DON'T CLEARLY HE.A.R A
15 THAT WE TRY TO FOLLoW IN II DEPOSITION. 15 QUESTION, LET ME KNOW. I 'LL EITHER RESTATE THE QUESTION
16 ONE OF THE MOST IMPORT/\NT THINGS IS THAT ONLY 16 OR ASK THE REPORTER TO READ THE QUESTION' BACK TO YOU.
17 ONE OF US SPEAK liT II TIME; /\NO, THEREFORE, IF liT /\NY
18 TIME DURING THESE PROCEEDINGS I STAAT A QUESTION BEFORE
17
18
IF YOU ANSWER A QUESTION, I'LL ASSUME THAT YOU
HEARD THE QUESTION, YOU UNDERSTOOD THE QUESTION, YOU'RE
19 ANSWERING THAT QUESTION, NOT SOME OTHER QUESTION. 19
20
21
22
YOU'VE COHPLETED YOUR ANSWER, PLEASE TELL ME, /\ND I' LL
LET YOU COMPLETE YOUR ANSWER.
IT'S IHPORT/\NT THI\T ALL of YOUR ANSWERS BE IN
AUDIBLE WORDS IN THE ENGLISH LANGUAGE, RATHER THAN NODS
20
21
22
IF, AS WE GO THROUGH THE PROCEEDINGS, YOU THINK
OF SOMETHING THAT WOULD CLARIFY OR MODIFY A PRIOR ANSWER
YOU'VE GIVEN TO A PRIOR QUESTION. YOU JUST TELL US, AND
23 OR SHAKES OF THE HEI\D OR UTTERANCES SUCH lIS "UH-HUH" OR 23 YOU CAN GO BACK AND MODI fV YOUR ANSWER.
24 "HUH-UH." 'rHE REASON FOR THAT IS SO THAT WE HAVE A 24 1 F YOU WANT TO GET WATER OR COfFEE OR USE THE
25 CLE/IR RECORD.
NlVlE SAMAAN 7110106
lIO-]12-1111 SOUSACOURTREI'ORTER.S 714-571-0111
ARE YOU AWARE OF ANY PHYSICAL OR MEDICAL
2 CONDITION THAT YOU HAVE THAT WOULD PREVENT YOU FROM
3 GIVING YOUR BEST TESTIMONY HERE TODAY?
A. NO.
Q. /IRE YOU CURRENTLY TAKING ANY MEDICATIONS OF ANY
25 RESTROet-i, JUST TELL US, AND WE'LL TAKE A BREAK.
N1VIESAMAAN l I J O ~
310-312·1111 SQUSACOURTREPORTERS 714·511.0111
THE DEPOSITION NOTICE THAT WE RECEIVED; IS THAT CORRECT?
HR. CUMMINGS: THAT IS CORRECT.
HR. STEIN, OKAY. THANK YOU.
BY MR. CUMMINGS:
Q. ALSO, AFTER THESE PROCEEDINGS lIRE CONCLUDED,
6 i(IND THAT WOULD AFFECT YOUR ABILITY TO RECALL AND
7 RECOLLECT EVENTS?
6 YOU'LL HAVE AN OPPORTUNITY TO REVIEW YOUR DEPOSITION,
7 HAKE ANY CHANGES IN IT AND ANY CORRECTIONS THAT VOU WANT
II.
Q.
NO.
WHAT'S YOUR DATE of BIRTH?
e TO; so TO THE EXTENT YOU DO so, I'LL HAVE THE
9 OPPORTUNITY TO COMMENT ON THOSE AT THE TRIAL OR OTHER
10 A. 11/6/66. 10 PRocEEDINGS IN THIS ACTION. SO TP.Y TO GIVE YOUR BEST
11 MR. STEIN: COUNSEL, BEFORE WE GO WITH SUBSTANTIVE II TESTIMONY.
12 QUESTIONS, CAN WE PUT ON THE RECORD THE STATUS OF
13 MR. LIBOW'S REPRESENTATION OR LACK HEREOF AT THIS
12
13
WILL YOU PLEASE LOOK AT THE NOTICE OF
DEPOSITION .
14 DEPOSITION? I' 0 LIKE IT ON THE RECORD THAT THEY CHOSE 14 HAVE YOU HAD A CHANCE TO READ OVER THAT?
15 NOT TO APPEAR. 15 A. NO.
16
11
MR. CUMMINGS: SURE. I CALLED A FEW MINUTES AGO BY
TELEPHONE MR: SHULKIN'S OFFICE. I SPOKE TO SOMEBODY,
16 Q. WOULD YOU TAKE A CHANCE TO READ OVER THAT,
PARTICULARLY IF YOU coULD LOOK AT WHAT IS REFERRED TO AS
1e WHosE NAME I DONIT REMEMBER, BUT WHO IDENTIFIED HERSELF,
19 A WOMAN, WHO IS ONE OF HIS ASSISTANTS, WHO SAID HE WAS
20 NOT IN. I ASKED IF HE WAS COMING TO THE DEPOSITION OF
18 EXHIBIT II, AND IF YOU COULD TELL HE IF YOU IfAVE BROUGHT
19 WITH YOU ALL THE DOCUMENTS DESCRIBED ON EXHIBIT A, TO
20 THE BEST OF YOUR KNOWLEDGE.
21 MS; SAMAAN TODAY IN THE ZERNIK/SAMAAN MATTF:R, ANn J WJ\.Ci 21 A. I HAVE DOCUMENTS WITH ME. I DON'T KNOW IF
22 INFORMED THAT NOBODY FRCH THEIR OFFICE WAS COMING, AND
-1 1- 22
THOSE ARE THE DOCUMENTS OR NOT.
23 THAT'S WHY WE COMMENCED WITH THE DEPOSITION. 23 Q. IlAYBE YOUR coUNSEL CAN.
24 HR. STEIN: AND JUST FOR THE RECORD, THEY DID 24 MR.. STEIN: FOR THE RECORD, WE ARE PRODUCING
25 RECEIVE NOTICE OF THE DEPOSITION IN ADVANCE PURSUANT TO
NTVIE5AMAAN 7110106
25 DOCUMENTS NOS. S001 THROUGH 50116, WHICH ARE RESPONSIVE
NlvtESAMAAN 7/1QA)6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 24 of 50
,------------------
110-372·1111 SOUSA COURT REPORTERS 7,,,,,511..u111 ltG-H2·1111 SOUMCOURTREPORTERS 71..1·571..(1111
P,&cIO
1 TO THESE: REQUESTS. IN AUIHTION, THE Pl.AINTIFF HAS Q. ARE YOU CURRENTLY MARRIED'?
2 ALREADY PRODUCED CoPI ES OF THE FI LE5 or COLDWELL BANKER A. YES.
3 AND MARA ESCROW, WHICH ARE NOT INCLUDED WITHIN THIS Q. WHAT'S THE DATE OF YOUR MARRIAGE?
PRODUCTION. If YOU WOULD LIKE, WE CAN 1W<E THIS AN A. SEPTEMBER 19, 2004.
5 EXHIBIT NUMBER. I DON'T KNOW. THAT'S UP TO YOU, AS YOU Q. WHERE WERE YOU MARRIED?
6 SO PLEASE.
A. HAWAII.
HR. CUMMINGS: THEY' HE 8ATES STAMPED. THAT'S FINE. Q. WHAT'S THE NAME or YOUR SPOUSE?
(HR. ZERNIK ENTERS THE DEPOSITION A. JAE R. LLOYD.
9 ROOM. I
Q. WHERE DO YOU CURRENTLY RESIDE?
10 BY HR. CUMMINGS:
11 O. MS. I'LL .1\51< YOU TO SIMPLY LOOK .'\T THIS
10
11
A. 133 SOUTH PECK DRIVE, NO. 104, BEVERLY HILLS,
90212.
12 STACK OF DOCUMENTS THAT YOUR COUNSEL'S PRODUCED. 12 Q. DO YOU OWN THAT PROPERTY,?
13 HAVE YOU LOOKED AT THE DOCUMENTS YOU BROUGHT 13 A. NO.
14 WITH YOU HERE TODAY? 14 Q. DO YOU RENT THAT PROPEP.TY?
17 YOU'VE RECEIVED OR YOUR ATTORNEY'S RECEIVED IN THIS
O. TO YOUR KNOWLEDGE, OTHER THAN THE DOCUNENTS Q. WHEN DID YOU MOVE INTO THAT PROPERTY?
II. ARE YOU ASKING WHEN I MOVED INTO THE PROPERTY?
15
16
A. YES. 15
16
J7
A. YES.
18 ACTION FRON MARA ESCROW COMPANY AND FROM COLDWELL
19 BANKER, ARE YOU AWARE OF ANY OTHER DOCUMENTS THAT RELATE
Q. YES.
A. SEPTEMBER OF 2004.
20
21
22
23
TO THIS LAWSUIT, OTHER THAN WITH YOUR
ATTORNEY?
A. NO.
O. NOW, HAVE YOU EVER BEING KNOWN BY ANY OTHER
18
19
20
21
22
23
Q.
MOVED IN?
A.
Q.
DID YOUR HUSBAND RENT THE PROPERTY BEFORE YOU
YES.
IS THAT ADDRESS ON PECK THE LOCATION WHERE YOU
24 NAME'? 24 ANU YOUR HUSBAND HAVE RESIDED SINCE YOU WERE MARRIED'?
25 A. NO. 25 A. YES,
NIVTESAMAAN 7/10/06 NIVIE SAMAAN 71l0,w
310-312·1111 SOUSA COURT REPORTERS 714.511-0111 310-372-1111 SOUSA COURT REPORTERS 714.571-0111
PUle II
Q. HAVE YOU EVER BEEN CONVICTED OF A FELONY? O. WHAT YEAR 010 YOU ATTEND THERE OR OBTAIN THAT'?
A. I OBTAINED MY REAL ESTATE LICENSE.
Q. WHEN DID YOU 00 THAT?
THAT?
Q. DID YOU TAKE ANY OTHER FORMAL EDUCATION AFTER
I BELIEVE IT WAS '88 TO • 90. A.
1969.
CAIRO, EGYPT.
NO.
WHERE WERE YOU BORN?
WHEN DID YOU COME TO THE UNITED STATES? Q.
A.
Q.
A.
A. 2
3
4
5
6
Q. DID YOU GRADUATE FROM HIGH SCHOOL? A. IN MARCH Of 2003,
8
9
A.
Q.
YES.
WHAT YEAR?
Q. WHAT COURSE OF STUDY DID YOU TAJ<E TO OBTAIN
9 YOUR RE:AL ESTATE LICENSE?
CENTURY 21,
10
11
A.
Q.
1985.
WHAT HIGH SCHOOL?
10
11
A. I WENT THROUGH II ESTATE COURSE THROUGH
18 BEFORE YOU PASSED YOUR TEST FOR A REAL ESTATE AGENT'S
12
13
14
IS
16
17
18
19
20
21
22
23
A.
Q.
A.
Q.
A.
Q.
A.
SCHOOL.
Q.
A.
Q.
A.
BYER HIGH SCHOOL IN MODESTO, CALIFORNIA.
HOW DO YOU SPELL THAT?
B-Y-E-R.
DID YOU ATTEND COLLEGE?
YES.
WHAT'S THE FIRST COLLEGE YOU ATTENDED?
NATIONAL EDUCATION CENTER. IT'S A TRADE
WHERE IS THAT?
CITY OF COMMERCE.
WHAT COURSE OF STUDY CAN YOU TAKE THERE?
GENERAL, BUSINESS.
12
13
14
15
16
17
19
20
21
-1 2- 22
23
Q. HOW LONG DID YOU TAKE THOSE COURSES'?
A. SIX MONTHS.
O. DID YOU PASS THE TEST THE FIRST TIME YOU TOOK
IT'?
A. YES.
O. HAD YOU EVER WORKED IN THE REAL ESTATE BUSINESS
LICENSE?
A. NO.
Q. DESCRIBE YOUR HORK EXPERIENCE IN II
CHRONOL<X,;ICAL ORDER AFTER YOU GRADUATED FROM YOUR
BUSINESS SCHOOL UNTIL YOU OBTAINED YOUR REAL ESTATE
24
25
Q.
A.
DID YOU OBTAIN ANY CERTIFICATE?
AN A.A. DEGREE IN BUSINESS.
24
25
LICENSE,
A. I WORKED IN AN INVESTMENT BANKING COMPANY AS AN
NIVTE SAMAAN 7/10r06 NlVlE SAMAAN 7/1006
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 25 of 50
r---- --..--- ------ ----
]10-372·1111 SOUSACOURTREPORrnRS 7/-t-57HlIJI 310-372-1111 SOUSACOURTRFPORTERS 11-.1·571-0111
Pagel]
ASSISTANT 1'0 THE PRESIUENT. I WORKED IN THREE VOCTORS'
OFFICES; ONE AS AN OFFICE MANAGER; ONE AS A BUILDING
MANAGER; AND THE OTHER AS A RECEPTIONIST, VARIOUS OFFICE
WORK, AND THEN I GOT INTO RETAIL AND COSMETICS.
8
9
10
11
12
Q. OKAY. AFTER YOU OBTAINED YOUR REAL ESTATE
LICENSE, HAS YOUR LICENSE BEEN PLACED WITH ANY BROKER?
A. YES.
Q. HAS IT BEEN PLACED WITH MORE THAN ONE BROKER?
A. NO.
O. WHAT BROKER HAS IT BEEN PLACED WITH?
A. GILLERAN GRIFFIN REALTORS.
Q. WHERE ARE THEY LOCATED?
9
10
11
12
Page 14
GRIFFIN?
A. I DON'T RECALL. I WOULD HAVE TO LOOK AT HY
NaTEs.
Q. CAN YOU GIVE ME YOUR BEST ESTIMATE?
A. EITHER APRIL DR MAY OF 2004 -- 2003.
Q. BETWEEN THE TIME T l L ~ T YOU FIRST WENT TO
GILLERAN GRIFFIN AND BEFORE YOU EVER DID ANYTHING
REGARDING PROPERTY INVOLVED IN THIS LAWSUIT, WERE YOU AN
AGENT ON ANY TRANSACTIONS THAT CLOSED?
A. NO.
Q. DID YOU WORK ON ANY TRANSACTIONS?
A. NO.
O. IS T. J. GILLERAN A MAN OR A WOMAN?
THE OFFICE?
A. THERE ARE TWO: THE OWNER IS T. J. GILLER.1\N i THE
MANAGER OF THE OFFICE, WHICH IS ALSO . ~ BROKER, IS RANDY
SPAULDING.
I DIDN'T DO ANYTHING.
DID YOU CONTINUE TO WORK IN OTHER EMPLOYMENT?
WHAT DID YOU DO DURING THAT TIME AS AN AGENT?
YES.
BARNEY'S NEW YORK.
WHAT OTHER EMPLOYMENT?
WHAT IS TIiAT?
9575 WILSHIRE BOULEVARD, BEVERLY HILLS, 90212.
WHERE IS IT LOCATED?
A RETAIL ESTABLISHMENT.
Q.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
A.
13
14
15
16
17
18
19
20
21
22
WESTWOOD.
WHAT'S THE ADDRESS?
1575 WESTWOOD BOULEVARD, SUITE 300, LOS lillGELES
WHAT'S THE NAME OF THE RESPONSIBLE BROKER IN
A.
Q.
Q.
A.
90024.
13
14
15
16
17
18
19
20
21
22
23 A. A MAN. 23 Q. WHAT KIND OF RETAIL ESTABLISHMENT IS IT?
24 Q. A.FTER YOU GOT YOUR REAL ESTATE LICENSE -- 24 A. IT' S A DEPARTMENT STORE.
25 EXCUSE ME -- WHEN WAS IT FIRST PLACED WITH GILLER.:W 25 Q. AND WHAT IS YOUR POSITION THERE?
NIVIESAMAAN 7/10106 NlViE SAMAAN 7/101116
/------------------------------1-------------------------------------1
])0-312·1111 SOUSA COURT REPORTERS 714-571-0111 310-372·1111 SOUSA COURT REPORTERS 714-571-0111
Pi/ge IS
1 A. I WAS IN COSMETICS AS A SALESPERSON.
2 Q. ARE YOU STILL THERE?
3 ". NO.
4 Q. WHEN DID YOU CEASE THAT EMPLOYMENT?
5 ". AUGUST OF 2004.
6 Q.!\ND WHEN DID YOU COMMENCE YOUR EMPLOYMENT WITH
7 BARNEY'S?
8 A. WHEN DID I BEGIN MY EMPLOYMENT WITH BARNEY I S?
9 Q. CORRECT.
10 ". FIVE YEARS PRIOR TO THAT.
11 Q. IN CONNEqION WITH YOUR EDUCATION, THE COURSE
12 OF STUDY THAT YOU TOOK TO OBTAIN YOUR REAL ESTATE
13 LICENSE, DID YOU TAKE !\NY COURSES THAT DEALT WITH
14 CONTRACTS?
.15 A. CAN YOU REPEAT THAT?
16 Q. IN CONNECTION WITH YOUR REAL ESTATE COURSES
17 THAT YOU TOOK, DID ANY OF THOSE COURSES INVOLVE
18 CONTRACTS FOR THE PURCHASE OR SALE OF PROPERTY?
19 ". THEY MJ\DE US FAMILIAR WITH THE PURCHASE
20 AGREEMENT CONTRACT.
21 Q. STANDARD CALIFORNIA ASSOCIl\.TION REALTOR FORMS?
22 ". YES.
23 Q. IN CONNECTION WITH THAT COURSE OF STUDY, DID
24 YOU LEARN THAT IN ORDER TO HAVE " CONTRACT FOR SALE OF
25 PROPERTY, THAT IT HAS TO BE IN WRITING SIGNED BY THE
1 BUYER AND THE SELLER?
2 A. YES.
3 Q.!\ND DID YOU LEARN THlIT !\NY CHANGES TO THE
4 CONTRACT HlIVE TO BE IN WRITING SIGNED BY THE BUYER !\NO
5 THE SELLER?
6 A. YES.
7 Q.!\ND DI D YOU LEARN THAT I F YOU WERE GOING TO BE
8 A REAL EST"TE "GENT FOR " PARTY TO A CONTRACT -- STRIKE
9 THAT -- IF YOU'RE GOING TO BE A REAL ESTATE AGENT TO A
10 SELLER TO A CONTRACT, YOU HAD TO HlIVE !\N AGREEMENT IN
11 WRITING?
12 A. YES.
13 Q.!\ND DID YOU UNDERST!\ND THAT !\N MENT'S
14 AUTHORITY TO ACT FOR THE SELLER TO MODIFY !\NY TERMS OF
15 !\N AGREEMENT ENTERED INTO FOR THE PURCHlISE OR S"LE OF
16 PROPERTY HAD TO BE IN WRITING?
17 MR. STEIN: I'M GOING TO OBJECT TO THAT BECAUSE IT
18 C"LLS FOR LEGAL CONCLUSION TO BE RENDERED BY HER. ON
19 THE OTHER HAND, IF SHE CJ\N RESPOND, SHE SHALL.
20 BY MR. CUMMINGS:
21 Q. GO AHF.An.
-1 3- 22 A. CJ\N YOU REPEAT THAT.
23 Q. SURE. WHlIT I WJ\NT TO KNOW IS IN CONNECTION
24 WITH YOUR COURSE OF STUDY, DID YOU LEARN THAT FOR THE
25 AGENT TO BE AUTHORIZED TO MODIFY !\NY CHANGES IN A
NIVlESAMAAN 7/10106 NJVIESAMAAN 7110K16
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 26 of 50
---- ----- --,--------_... _-_. ------------------,
lIO-l12-1111 SOUSA COURT REPORTERS 71.4--571...Q111 lI0-372-1111 SOUSA COURT REPORTERS nt..j71..{)111
Pa,;c:tl
1 CONTRACT THAT HAlJ BEEN ENTEREU INTO BY A SELLER, THE UEPOSITION?
2 SELLER HAD TO GIVE THE AGENT THAT AUTHORITY IN WRiTING? MR. CllM'MTNGS: EXHIBIT 1 [S THE NOTrCE OF
HR, STEIN: SAME OBJECTION, DEPOSITION. I'LL HARK AS EXHIBIT 2 THE DOCUMENTS THAT
THE WITNESS: I DON'T RECALL IF THAT WAS SCMETHING WERE PRODUCED BY THE DEPONENT AND HAVE BEEN MARKED 50001
5 THAT I LEARNED OR NOT. 5 THROUGH sOl16.
6 BY HR. CUMMINGS: MR. s1'EW: THA1' WILL BE THE COURT REPORTER'S COPY,
O. DID YOU ACT AS YOUR OWN AGENT IN THIS 7 AND 1 HAVE A COPY FOR HER RIGHT flERE.
8 TRANSACTION? MR. Clf}{tHNGS: ALL RIGHT. FINE. THANK YOU.
A. YES. {WHEREUPON THE AFOREMENTIONED DOCUMENTS
10 O. WAS THERE ANYBODY IN YOUR OFFICE THAT YOU 10 WERE SUBSEQUENTLY K.I\RKED BY THE REPORTER AS
11 CONSULTED WITH REGARDING THIS TRANSACTION? 11 DEFENDANT'S EXHIBITS 1 AND 2 FOR
12 A. IF I HAD QUESTIONS, I woULD CALL MY MANAGING 12 IDENTIFICATION AND HERETO ATTACHED.;
13 BROKER AND ASK HIM. 13 BY MR. CUMMINGS:
14 O. THAT PERSON'S NAME'? 14 O. WHERE DID YOU LEARN ABOUT THE PROPERTY AT 320
IS A. RANDY SPAULDING, IS SOUTH PECK DRIVE IN BEVERLY HILLS BEING AVAILABLE, BEING
16 I ALSO WANT TO NOTE FOR THE RECORD THAT I AM 16 LISTED FOR SALE?
17 ALSO A CERTIFIED NOTARY; SO I HAVE TAKEN COURSES IN THAT 17 A. THROUGH MY HUSBAND.
18 AS WELL. IB Q. WHAT DID HE TELL YOU WHEN HE FIRST TALKED TO
19 O. HOW LONG KAVE i'OU BEEN A NOT.I\RY? 19 YOU ABOUT rT?
20 A. FOR ABOUT A YEAR NOW. 20 A. HE JUST SAID HE WAS TAKING A WALK, AND HE
21 Q, so SOMETIME IN 2005 YOU GOT YOUR LICENSE-! 21 NOTICED THERE WAS A SIGN FOR A HOHE fOR SALE ON OUR
22 A. EITHER 2005 OR TOWARDS THE END OF -- YES, 2005. 22 STREET, AND WE SHOULD TAKE A LOOK AT IT.
23 O. THANK YOU. 23 O. WHEN WAS THAT?
24 1 WILL HARK AS EXHIBIT 2 -- 24 A. I DON'T RECALL.
2S HR. STEIN; COUNSEL, IS EXHIBIT 1 THE NOTfCE OF 2S O. WHAT DI 0 YOU DO IN ORDER TO TAKE A LOOK AT THE
NlVIE SAMAAN 711lW6 NIVIESAMAAN 7Jl0AJ6
SOUSA COURT REPORTERS 714-j71-<Jl11 ]10-]72·1111 SOUSA COURT REPORTERS 714.S71-<J11I
Pogc:19
1
2
PROPERTY?
A. I CHECKED IT OUT ON THE MLS TO SEE HOW MUCH IT
ACCOUNT?
A. I DON'T RECALL EXACTLY HOW MUCH I HAD IN THE
WAS BEING SOLD FOR AND LOOKEO AT SOME OF THE SPECIFICS 3 ACCOUNT.
MR. CUMMINGS; I DON'T BELIEVE THOSE WERE PRODUCED.
A. YES, I BELIEVE SO. 5
6
ON THE PROPERTY, AND THEN WE WENT TO AN OPEN HOUSE.
Q. AT THE OPEN HOUSE, WAS THE OWNER OF THE
PROPERTY THERE?
Q. 00 YOU HAVE RECORDS THAT SHOW THOSE AMoUNTS?
A. NO. I TH I NK THEY WERE REQUESTED.
IT MAY HAVE BEEN HiS ASSISTANT.
9 WERE TWO BANK AccoUNTS LISTED.
HR. STEIN: AT THE BACK, IN THE LATTER PORTION THERE 8
9
10
Q.
A.
WAS A BROKER THERE?
I DON'T BELIEVE IT WAS THE BROKER. I BELIEVE
10 MR. CUMMINGS: THEN I STAND CORRECTED.
Q. 00 YOU RECALL THE NAME?
A. I BELIEVE IT WAS AN ASSiSTANT.
12 AS PART OF THE EXHIBIT 2, 50112 THROUGH S0116.
14 MUTUAL ACCOUNT THAT'S IDENTIFIED ON THE s0112 AND THE
a. CAN YOU LooK AT THE DOCUMENTS THAT ARE MARKED 11
13 ARE THOSE THE TWO ACCOUNTS, THE WASHINGTON
00 YOU RECALL WHO WAS THERE FOR THE SELLER'S Q.
REP?
11
12
13
14
15 A. NO. IS WELLS FARGO ACCOUNT THAT'S IDENTIFIED ON S0113 THROUGH
16
17
Q. WAS IT A MAN OR A WOMAN?
A. I BELIEVE IT WAS A WOMAN.
16 50116 FRa-l: WHAT YOU WERE GOING TO HAVE THE SOURCE OF THE
17 DOWN PAYMENT?
A. MONEY FROM OUR ACCOUNT.
Q. WITH WHAT BANK?
DOWN PAYMENT FOR THE PROPERTY?
A. YES.
WHERE WAS THAT ACCOUNT?
A. MY HUSBAND'S -- MY HUSBAND'S ACCOUNT WAS ALSO
a. ANY OTHER ACCOUNTS?
Q.
A. WASHINGTON MUTUAL.
AVAI LABLE FOR FUNDS. 21
20
IB
19
23
-1 4- 22
WHAT WAS TO BE THE SOURCE OF INCOME FOR THE
WHAT ACCOUNT?
OUR BANKING ACCOUNT.
Q.
Q.
A.
18
19
20
21
22
23
24 A. WELLS FARGO. 24 H'R. STEIN: JUST FOR THE RECORD, COUNSEL, THE
25 Q. AND HOW MUCH MONEY OlD YOU HAVE IN THAT 2S DOCUMENTS 50114 THROUGH 116 REFLECT TWO DIFFERENT BANK
NlVTE SAMAAN 7/10106 N1VTESAMAAN 711!W6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 27 of 50
3/0-372-1111 SOUSA COURT REPORTERS 71+.;71..Q1l1
1 ACCOUNTS.
MR. CUMMINGS: J DON'T HAVE AN 50114.
HR. STEIN: SORRY.
THE WITNESS: I DON'T EITHER.
MR. STEIN: IS EVERYBODY MISSING IT?
THE WITNESS: YES.
-- -_._-_._-------
310-372.1111 SOUSA cOURT REPORTERS 71..l·j7J-Olli
Pa&-eJl
A. MY MOTHER.
O. AND WHAT INTEREST DOES YOUR MOTHER H.I\VE IN ITI
3 AND WHAT INTEREST DO yOU HAVE IN IT?
A. WE HAVE DIFFERENT BUSINESS TRANSACTIONS
5 TOGETHER; SO WE BOTH HAVE HONEY IN IT. I DON' T RECALL
6 THE AMOUNTS or EACH.
Q. WHAT BusINESS ARE VOU IN WITH YOUR HoTHER?
MR. CUMMINGS: WHY DON'T JUST GIVE IT TO HE, AND
I'LL GO Copy IT.
A. IT'S NOT A BUSINESS, IT'S JUST DIFFERENT
10
MR. STEIN: YES. HERE. COpy THIS TOO.
IS THAT THE ONLY PAGE MISSING?
DIFFERENT THINGS THAT WE DO TOGETHER. IT'S JUST AN
10 ACCOUNT WITH BOTH OF OUR NAMES.
11 MR. CUMMINGS: I BELIEVE SQ.
11 O. ACCoRDING TO 30113, THERE WAS A BALANCE of
12
(BRIEF RECESS.)
13 BY MR. CUMMINGS:
12
13
APPROXIMATELY $181,000.
HOW MUCH OF THAT WAS YOURS, AND HOW MUCH WAS
14 O. WE CAN LOOK AT 50113. THAT'S A -- I'M SORRY. 14 YOUR MOTHER'S?
15 LET'S GO BACK TO SOl12. THAT'S A WASHINGTON MUTUAL 15 A. I DoN'T KNOW. r DON'T RECALL.
16 ACCOUNT.
11 IS THAT JUST A REGULAR SAVlNGS ACCOUNT?
16
17
o. 00 YOU HAVE ANY ESTIMATE AT ALL?
A. NO.
18 A. I DON 1 T KNOW. NY HUSBAND HANDLES THE fJ NANCES . 18 Q. WAS IT ALL YOUR MOTHER'S?
19 O. WELL, THIS WAS YOUR ACCOUNT, THOUGH, BEFORE YOU 19 A. NO.
20 GOT MARRIED.
20 Q. WAS IT ALL YOURS?
21 A. I BELIEVE THIS IS MY CHECKING ACCOUNT. 21 A. NO.
22 Q. oKAY. AND LOOKING AT EXHIBIT -- BATES STAMPED 22 O.
ARE THERE ANY RECORDS THAT REfLECT HOW MUCH WAS
23 NUMBERS 50113 AND 50114, WHAT ACCOUNT IS 23 YOURS AND HOW MUCH WAS YOUR MOTHER'S?
24
25
A. THIS IS MINE AND MY HOTHER'S ACCOUNT.
O. YOURS AND WHOsE?
NIVlESAMAAN 71l0l06
24
25
A. NO.
Q. HOW WOULD YOO DETERMINE THAT?
NIVlE SAMAAN 7/10106
1-
-+
.
--1
A.
SOUSA COURT REPORTERS 11....
WE WOULDN'T. If ANYTHING WERE TO HAPPEN TO ME,
P<lgc2l
JI().)11-1111 SOUSACOURTREPORTI::RS nM71-OII1
Q. AND YOU STATED THERE WAS ALSO AN ACCOUNT THAT
2 THE MONEY WOULD GO TO MY MOTHER; VICE VERSA.
Q. OUT OF THAT ACCOUNT, HOW MUCH IN SEPTEMBER AND
YOUR HUSBAND HAD AT WASHINGTON MUTUAL THAT WAS
) AVAI LABLE?
4 OCTOBER OF 2004 DID YOU HAVE THE RIGHT TO USE? A. YES.
A. AS MUCH AS I NEEDED.
Q. ALL OF IT?
HR. CUMMINGS: I WANT TO SEE THOSE RECORDS, COUNSEL.
HR. STEIN: I DON'T HAVE THEM HERE tODAY. I'LL
A.
Q.
If SO NEEDED, YES.
DO YOU HAVE ANY AGREEMENT WITH YOUR HarRER IN
PROVIDE THEM TO YOU, THOUGH.
MR. CUMMINGS: WE HAVE AN AGREEMENT THAT YOU'LL
9 WRITING TO THAT EFFECT? PROVIDE THEM WITHIN A WEEK?
10 A. NO.
10 HR. STEIN: SURE.
11 Q. WHERE DOES YOUR MOTHER LIVE? 11 MR. CUMMINGS: THANK YOU.
12 A. MODESTO, CALIFORNIA. 12 Q. WHOSE NAME WAS ON THAT ACCOUNT IN THE TIME
13
14
15
Q. AND HER NAME IS M.>.RGARET SAM.>J\N?
A. YES.
O. WHAT I 5 HER ADDRESS?
13
14
15
PERIOD SEPTEMBE:R, OCTOBER OF 2004?
A. ON WHICH ACCOUNT?
Q. THE oNE THAT YOU JUST REFERRED TO AS YOUR
16 A. 3208 JONATHAN LANE, MODESTO, CALIFORNIA 90 --
16 HUSBAND'S ACCOUNT.
17
18
95355.
Q. IS YOUR MOTHER RETIRED, OR DOES SHE WORK?
17
18
A.
Q.
I BELIEVE HIS NAME WAS ON IT. 1 ' M NOT SURE.
WHEN YOU rrRST MAllE AN OFFER oN THE PROPERTY
21 SII& OWNS?
19
20
22
A. SHE NEVER WORKED.
Q. THE ADDRESS YOU G.n.VE HE IS THE PROPERTY THAT
A. YES.
19
20
21
-1 5- 22
I'M JUST GOING TO REFER TO IT AS THE PECt< DRIVE
PROPERTY, THE PROPERTY AT 320 SOUTH PECt< DRIVE. WHEN
YOU FIRST MADE AN OFFER ON THAT PROPERTY, DID YOU MAl<
THAT OFFER IN YOUR NAME ALoNE oR ALSO IN THE NAME OF
23 Q. LOOKING AT THE ACCOUNT fOR S01l5 AND 50116, 23 YOUR HUSBAND?
24 WHOSE ACCOUNT IS THAT? 24 A. IN MY NAME.
25 A. THIS IS MY ACCOUNT.
N1V1E SAMMN 7/10106
25 Q. DID YOU EVER MAKE AN OFFER THAT WAS JOINTLY IN
NlVlESAMAAN 1I1Ml6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 28 of 50
,-------------_._---
l10-372-lltl SOUSA coURT REPORTERS 7 1 ~ _ 5 1 I - 0 1 1 1
Page2S
YOUR NAME ANI> YOUR HUSBANl)'S NAME?
310.372-1111 SOUSACQURTREPORTERS 7 1 ~ - 5 7 I - 0 1 1 1
Pqc:26
A. SOME OF THEM, I BELIEVE.
A. NO.
Q. DO YOU HAVE ANY DOCUMENTs RELATING TO THIS
Q. IS THERE ANY REASON FOR THAT?
3 MATTER THAT YOU HAVEN'T PROVIDED TO YOUR ATTORNEY?
A. NO.
Q. DID YOU INTEND THE PROPERTY TO BE YOUR SEPARATE
6 PROPERTY?
A. WE WERE BOTH GOING TO LIVE IN IT TOGETHER.
A. I DON'T BELIEVE so.
Q. WHAT J WANT TO DO, JUST so THERE I S NO SURPRISEs
6 DR ANYTHING, I WANT TO GO THROUGH THE TRANSACTiON
7 CHRONOLOGICALLY fROM THE BEGINNING TO THE END. I'M JUST
Q.
9 ALONE?
DID YOU INTEND TO TAKE TITLE TO IT IN YOUR NAME 8 GOING TO, BASICALLY, BE AsKING YOU A SERIES OF QUESTIoNS
9 THAT SAY WHAT'S THE NEXT THING THAT OCCURRED, AND WE'LL
10 A. I DON'T KNOh'.
10 GO THROUGH THE DOCUMENTS. I WANT TO GO THROUGH
11 Q. DID YOUR HUSBAND EVER fILL OUT A LOAN
II CONVERSATIONS YOU HAD WITH PEOPLE. 1 'M NOT ASKING YOU
12 APPLICATION IN CONNECTION WITH THE ACQUISITION OF THAT
13 PROPERTY?
12 FOR CONVERSATIONS YOU HAD WITH YOUR ATTORNEY ON
] 3 ANYTHING -- OKAY? -- OR AllY WRITTEN CCNHUNICATIQNS
14 A. WKAT DO YOU MEAN?
14 BETWEEN YOU AND YOUR ATTORNEY; SO WE' LL AGREE THAT THOSE
15 Q. DID HE EVER SIGN A LOAN APP FOR THE PECK DRIVE 15 ARE NOT BE ING CALLED FOR BY ANY OF MY QUESTIONS. OKAY"'?
16 PROPERTY?
16 A. (THE WITNESS NODs HEAD UP AND DOWN.)
17
18
A. I DON ''I' BELIEVE so.
Q. NOW, THE DOCUMENTS THAT WE HAVE MARKED As
17
IB
Q. DO YOU UNDERSTAND THAT?
A. YES.
19 EXHIBIT 2, THIS STACK OF DOCUMENTS THAT COUNSEL
19 Q. OKAY. NOW, YOU WENT TO THE OPEN HOUSE, AND WAS
20 PROVIDED, DID THESE caME FROM YOU? WERE THEY YOUR
20 IT ON A SUNDAY DR SATURDAY?
21 PERSONAL FILE ON THE MATTER?
21 A. I DON'T KNOW WHAT DATE THAT WAS.
22
23
A. NO.
O. WHERE DID THEY COME moM?
22
23
Q. WAS ON IT A WEEKEND, THOUGH?
A. IT MAY HAVE; BEEN.
24 A. MY ATTORNEY.
24 Q. YOU WENT TO THE OPEN HOUSE.
25 Q.
A.
DID YOU PROVIDE THEM To YOUR ATTORNEY?
NIVIE SA),{AAN 711M16
310-372·1111 SOUSACOURTREf>QRTERS 714-571.()111
PIIgc11
I BELIEVE I ALREADY HAD A FLIER. I HAD PRINTED
25
Q.
DID YOU PICK UP A FLIER ON THE PROPERTY?
NlVlE SAMAAN 111l),1)6
310-312-1111 SOUSA COURTRFJ>ORTERS 714.S11..()111
DID YOU PREPARE THE OFFEP.?
IT OUT FRetof THE HLS.
A. YES.
Q. DID YOU SPEAK TO THE PERSON WHO -- HR. LIBOW'S
Q. DID YOU DO IT AT YOUR OFFICE?
4 ASSISTANT THAT HAS AT THE OPEN HOUSE?
A. WE MAY HAVE SPOKEN.
Q. DO YOU RECALL WHAT WAS SAID, IF ANYTHING?
A. NO.
o. WHERE DID YOU DO IT?
A. AT MY HOME.
A. NO. I BELIEVE SHE JUST ASKED IF WE HAD ANY
o. DID YOU HAVE THE FORM AT HOHE'?
8 QUESTIONS, OR SHE JUST EXPLAINED SCHE OF THE PROPERTY TO
9 US, AND THAT HAS IT.
A. YES.
Q. WAS ON IT YOUR COOPUTER, OR WAS IT A HARD COPY?
10 .0. DID YOU WALK THROUGH THE ENTIRE PROPERTY?
10 A. COMPUTER.
11 A. YES.
11 O. OKAY. AND TAKE A LOOK AT PAGES s0002 THROUGH
12 O. AT THAT TIME DID YOU DECIDE TO MAKE AN OfFER?
12 009. woULD YOU LOOK AT ALL OF THOSE.
13
14
A. NO.
O. WHEN DID YOU DECIDE TO MAKE AN Of"fER?
13 WERE THOSE THE DOCUMENTS THAT COMPOSE YOUR
14 OFFER?
IS
16
A.
Q.
I DON'T KNO"'. I DON'T RECALL.
Dr D YOU AND YOUR HUSBAND BarH WALK THROUGH IT?
15
16
A.
Q.
YES.
YOUR OFFER REQUESTED THAT THE SELLER CARRY BACK
17 A. YES.
17 10 PERCENT OF THE PURCHASE PRICE?
18
19
O. DID ANYBODY ELsE ACCa-IPANY YOU?
A. NO.
18
19
A. AT WHAT POINT ARE YOU REFERRING TO ON THE
DOCUHENT?
20 Q. AftER fOU W.lU.KED THROUGH AND BEFORE SUBMITTING
20 Q. PARAGRAPH 2-D ON PAGE 2, 0002.
21 THE OFFER, DID YOU DISCUSS SUBMITTING AN OFFER TO
22 ANYBODY ELSE --
21
-1 6- 22
OR WERE YOU GOING TO GET A SECOND DEED OF TRUST
FROM A THIRD PARTY?
23
24
A.
Q.
NO.
-- WITH ANYBODY ELSE?
23
24
A. YES.
Q. SO YOU WERE GOING TO GET A FIRST TRUST DEED FOR
25 A. NO.
·NJVJESAMAAN 1110t'06
25 1,336,000 AND A SECOND TRUST DEED FOR 167,000; CORRECT?
HlvrE SAMAAN 7f1CW6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 29 of 50
,-- ------ ------------.--
JI(}.Jll·llll SOUSACOURTR[:....ORTERS '1 ....571-0111 ]IO-]n_llll SOUSA COURTREPORT'ERS 71·M71-0111
PqcJO
A. 1 BELl EVE SO. Q. OJ U YOU KNOW THE PERSoN WHO WAS HIS ASSISTANT
BY HR. CUMMINGS;
AT 'THE OPEN HOUSE AEFORE THI3 TRANSACTION?
A. NO.
IMR. ZERNIK LEFT THE DEPOSITION RQCl't,)
IF YOU CAN LOOK AT PAGES 50013 THROUGH S0015. o.
Q. .'NO YOU WERE GOING TO DEPOSIT $161,000
ALTOGETHER; CORRECT?
A. YES.
Q. YOU SUBMITTED THAT OFFER ACTING AS 'fOUR OWN
AGENT; CORRECT?
A.
O.
YES.
WOULD IT BE CORRECT THAT YOU UNDERsrooD THAT IN A.
DO YOU SEE THOSE PAGES?
YES.
13 BUYER'S INSPECTION ADVISORY?
16 YOUR OfFER?
19 MR. LIBOW?
THIS TRANSACTION, MICHAEL LIBOW AND COLDWELL BANKER WERE
10 NOT YOUR AGENTS OR BROKERS?
YES.
YES ..
TO MY HOME.
A.
A.
A.
O. WAS THAT FAXED TO YOUR OFFICE OR YOUR HCHE?
FROH MR. LIBOW'?
O. OKAY. FIRST OF ALL, DID YOU SUBlHT YOUR OFFER
ON SEPTEMBER 4, 2004?
HR. STEIN: YOU'RE REFERRING TO S002 THROUGH 9?
MR. CUMMINGS: YES.
THE WITNESS: YES.
Q. NOW, IS THAT SCMETHING THAT YOU RECEIVED BACK
BY MR. CUMMINGS:
O. THEN YOU'VE GOT A RESPONSE BACK ON SEPTEMBER 10
BY fAX; IS THAT CORRECT?
O. TO YOUR RECOLLECTION, WEP.E THERE ANY FAXES FRCf>t
MR. LIBOH TO YOUR OFFICE IN CONNECTiON WITH THIS MATTER,
OR 010 THEY ALL GO TO YOUR HOME?
10
II
12
13
14
15
16
17
18
19
20
21
22
23
2'
25
YES.
YES.
DID YOU SUBMIT THAT AT THE TIME YOU SUBMITTED
I DON'T RECALL IF I CALLED HIM BEFORE OR AfTER.
Q. AND P.lI,GE S0010 AND 50011, DID YOU PREPARE THAT
A.
A.
O.
A. YES.
Q. NOW, DID YOU SUBtHT THAT OFFER IN PERSON TO
A.
O. DID YOU KNOW MR. LIBOW BEFORE THIS
A. NO.
A. NO. IT WAS BY fAX.
O. ALL RIGHT. DID YOU CALL HR. LIBOW UP BEFORE
YOU SUBMITTED IT?
11
12
14
15
17
18
20
21
22
23
24
25
NlVIE SAMAAN 7110J06 NIVIE SAMAAN 1I1M>6
J10-372-1111 SOUSACQURTREPORTI:RS 11"'S11..Q111 JI()..112·1111 SOUSA COURT REPORTERS 114-511.(1)11
20 HIM DURING THAT TIME, YOU DON'T RECALL ANYTHING ABOUT
21 THAT CONVERSATION?
16 ON SEPTEMBER 4 AND RECEIVING THE RESPONSE BACK FR<JoI HIM
17 ON SEPTEMBER 10, DID YOU SPEAK TO MR. LIBOW?
PRICE? -1 7- 22
A. IT INCREASES IT. 23
O. TO WHAT AMOUNT?
A. 1,718,000.
YES.
I DONIT RECALL. I MAY HAVE.
A.
Q. WOULD IT BE CORRECT THAT IF YOU DID SPEAK TO
A.
O. WHAT DOES IT DO AS FAR AS THE DEPOSIT?
A. THEY WANTED TO INCREASE THE DEPOSIT.
O. WHAT DOES IT DO AS FAR AS THE LoAN TERMS'?
A. READING WHAT IT SAYS, IT SAYS "LOAN TO BE
OBTAI NED AT MARKET RATES AND TERMS."
O. NOH, DID YOU ACCEPT THAT COUNTER?
A. NO.
Q. DID YOU ALSO RECEIVE FROM MR. LIBOW AN ADDENDUM
TO REAL ESTATE PURCHASE AGREEMENT THAT HAD CERTAIN
DISCLOSURES?
A. YES.
O. AND YOU RECEIVED TKAT ON SEPTEMBER la, 2004;
CORRECT?
O. THEN' BETWEEN SUBMITTING THE OFFER TO MR. LIBQW
A.
O. NOW, AS WE GO THROUGH THE DEPOSITION, I HAY ASK
YOU FOR ESTIMATES ON TIME OR OTHER ISSUES.
DO YOU UNDERSTAND THE 01 FFERENCE BETWEEN AN
13
14
15
19
11
12
18
19
24
25
Poge.ll
I BELIEVE THEY ALL WENT TO MY HC1-fE, WHICH IS MY
OKAY. NOW-- o.
A.
OFFICE.
Q. WELL, IT'S NOT THE GILLERAN GRIFFIN OFFICE?
A. NO, IT'S NOT, BUT IT IS WHERE I WORK OUT Of.
O. YOU WORK OUT OF THERE FOR YOUR COSMETIC WORK?
A. NO.
O. FOR WHAT KIND OF WORK?
A. FOR MY REAL ESTATE WORK, IF I DID .riliY
TRANSACTION, BECAUSE EVERYTHING WAS ON MY COMPUTER AT
HOME.
A. BUT I WOULD ALSO DO COSMETIC WORK OUTSIDE OF
BARNEY I S OF NEW YORK; SO I DID COSMETIC WORK, I GUESS
YOU WOULD SAY, OUT OF MY HOME.
O. NOW, YOUR OFFER WAS FOR 1,670,000; CORRECT?
A. YES.
O. THEN YOU RECEIVED A COUNTER OFFER, WHICH IS
ENTITLED "COUNTER OFFER NO.1. If
THAT'S PAGES S0014 AND -- 50014; CORRECT?
A. YES.
O. WHAT DOES THl\.T DO l\S FAR AS OF THE PURCHASE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NlVlESAMAAN 7/10106 NlVlESAMMN 1/1(IDS
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 30 of 50
,.--------------------- -- -- -----------,----- - --------
JID.l71·1111 SOUSA COURT REPORTEKS 71 .... ;71..(1111
ESTIMATE ..o\NU A GUESS?
310-l72-1111 SOUSA COURT RfI'ORTERS 7I.l·j11..{l111
NOW, 50016, WHAT IS THAT IK>CUHENT?
Pagel4
A. NO. A_ IT SAYS "COUNTER OPFER NO. I."
Q. LET HE GIVE YOU AN EXAMPLE:, If' I ASKED YOU HOW Q. 010 YOU SIMPLY SIGN THE ONE THAT MR. UBOW HAD
MUCH MONEY WAS IN YOUR WALLET, YOU HIGHT HAVE AN SENT YOU AND SEND IT BACK?
5 ESTIMATE. IF I ASKED YoU HOW MUCH MONEY WAS IN YOUR A. I SlGNED IT, AND I MARKED WITH AN "X, II SUBJECT
6 ATTORNEY' S WALLE'l', I WOULIJ PRESUME TH.AT WQULiJ BE A
7 GUESs_
WOULD THAT BE A FAIR STATEMENT?
6 TO TH(o; ATTACHEU COUNTER OFFER. I SENT A COUNTER OFfER
7 ALONu WITH IT.
Q. AND THE ATTACHED COUNTER OFFER IS SOOl1?
10
A.
Q-
YES.
OKAY. AND If' I ASKED YOU HOW LONG THIS TABLE 10
A. YES.
Q. THE ONLY SUBSTANTIVE CHANGE WAS THE CHANGE IN
11
12
WAS, YoU COULD PROBABLY GIVE HE AN ESTIMATE, BUT IF' r
ASKED YOU HOW LONG THE TABLE WAS IN THE CONFERENCE ROOM
11 THE AMOUNT OF THE DEPOSIT AND WHEN THE DEPOSIT WOULD BE
12 HADE?
13 ON THE OTHER SIDE OF THE OFFICE THAT YOU'VE NEVER BEEN 13 A. YES.
15
16
IN, THAT WOULD BE A GUESS; CORRECT?
A. YES.
Q. YOU'RE ENTITLED, IF YOU DON'T RECALL SOMETHING
15
16
O. AND THE INITIAL DEPOSIT. DID YOU UNDERSTAND
THAT TO BE THE DEPOS]T AT THE TINE THAT YOU SUBMIT THE
OFfER?
17
18
SPECIFICALLY, TO STATE YOUR RESPONSE IN TERMS OF AN
ESTIMATE, BUT I AM ENTITLED TO AN ESTIMATE, I F YOU HAVE
17
18
A_
Q.
['M SORRY. I DON'T UNDERSTAND THE QUESTION.
I'M LOOKING AT S0017. UNDER ITEM C, IT SAYS,
19 AN ESTIMATE. If YOU DON'T HAVE AN ESTIMATE AND IT WOULD
20 JUST BE A TOTAL GUESS, I DON'T WANT THAT, AND I'M NOT
19
20
"ITEH 2. INITIAL DEPOSIT TO BE 15,000 WITH INCREASED
DEPOSIT OF AN ADDITIONAL 15,000 WITHIN 14 DAYS fROM
21
22
REQUESTING YOU TO EVER GUESS. OKAY? BUT I WILL BE
REQUESTING YOU TO GIVE ME YOUR BEST ESTIMATE BECAUSE
21
22
ACCEPTANCE. "
WHEN DID YOU UNDERSTAND THE INITIAL DEPOSIT TO
23 PEOPLE DO NOT RECALL THINGS WITH 100 PERCENT CERT.1\INTY,
24 AT LEAST HOST PEOJ;l'LE DON'T; AND, THEREFORE, IT IS NORMAL
25 FOR PEOPLE TO GIVE ESTIMATES.
NIVIE SAMAAN 7/10106
SDUSACOURTREPORTERS
Pugc.1S
14 DAYS AFTER THE ACCEPTANCE; CORRECT?
23
24
25
BE DUE? IS THAT WITH THE ACCEPTANCE?
A. YES, THAT WAS MY UNDERSTANDING.
O. ANQ THEN 15,000 ADDITIONAL DEPOSIT WOULD BE DUE
N1VlE SAMAAN 7/10106
310.)72·1111 SOUSA COURT REPORTERS 71<4.571-01 II
WHAT STOCK WERE YOU LIQUIDATING?
A. YES.
IMR. ZERNIK ENTERED THE DEPOSITIoN
ROOM.)
A.
3 THAT.
4 Q.
I DON'T KNOW. MY HUSBAND WAS DEALING WITH
WAS THAT STOCK THAT WAS IN ANY ACCOUNT THAT
BY MR. CUMMINGS: S WE'VE REFERENCED BEFORE?
Q. DID YoU SEND YOUR COUNTER OFFER NO. 1 TO A.
7 MR. LIBOW WITH YOUR FAX THAT CQNTAINED THE PAGES S0018
8 THROUGH SOO2l?
O. WAS THAT STOCK THAT WAS OWNED BY YOU?
A. NO, I DONIT BELIEVE so.
AS WELL? I HAVE S19 THROUGH S21.
9
10
11
A.
Q.
ARE YOU ASKING IF I ATTACHED HIS COUNTER OFFER
THAT'S EXACTLY WHAT I'M ASKING. THEY'RE ALL
10
11
O. DID YOU SPEAK TO MR. LISOH BETWEEN THE TIME
THAT YOU RECEIVED THE COUNTER OFFER NO. 1 FROM
DR. ZERNIK ON SEPTEMBER 10 UNTIL YOU SENT YOUR COUNTER
12 STAPLED TOGETHER, AND I DIDN'T STAPLE THEM. 12 OFFER NO. 1 -- OR COUNTER OFFER NO.2 BACK TO HR. LI8OW?
13 A. OKAY. 13 A. I MAY HAVE. I DOO'T RECALL.
14 Q. SO I'M JUST WONDERING -- O. WOULD IT BE CORRECT THAT IF YOU DID SPEAK TO
15 MR. STEIN: I'M THE ONE THAT STAPLED THEM. lS HIM, THAT YOU DON'T RECALL THAT --
16
17
THE WITNESS: YES, HE STAPLED THEM.
BY MR. CUMMINGS:
16
17
A.
Q.
YES.
-- RECALL ANYTHING THAT WAS SAID ABOUT iT?
18 Q. I'M JUST WONDERING IF THIS WENT AS A PP.CKAGE 18 A. YES.
19
20
21
BECAUSE IT SAYS FOUR PAGES QN THE COVER SHEET, AND THEN
THERE'S THREE PAGES ATTACHED To IT. AND I'M WONDERING
IF THIS PACKAGE FROM S0018 THRoUGH S0021 WENT BACK To
19
20
21
O. NOW, ON PAGE -- YOUR COVER SHEET, ON 50018, ON
YOUR FAX, IT'S DATED SEPTEMBER 10, BUT I NOTE THAT ON
PAGE 50020, WHICH HAS YOUR NAME ON IT, IT'S DATED
MR. LIBOW. -1 8- 22 SEPTEMBER 11, 2004, AT 6:00 P.M.; CORRECT?
O. SO DID YOU SEND THIS BACK? 010 YOU SEND PAGES
22
23
24
A.
Q.
YES, I BELIEVE SO.
OKAY. AND YOU MENTIONED THERE, "1 ' M
23
24
A. YES.
25 LIQUIDATING STOCK FOR THE DOWN PAYMENT.·
NfVIE SAMAAN 7/10106
25 S0018 THROUGH S0021 BACK TO MR. LIBOW ON SEPTEMBER 11,
NIVIE SAMAAN 7/1M16
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 31 of 50
llG--312-1111 SOUSACOURTREPORffiRS

2004?
A. PROBABLY SO.
Q. THAT WOULD BE YOUR BEST ESTIMATE?
A. YES.
Q. TURNING NOW TO PAGE 50022, DID YOU SEND THAT TO
MR. LIBOW ON SEPTEMBER 13?
A. YES.
Q. AND YOU'RE GIVING A DEADLINE fOR THE ACCEPTANCE
.- 31_ll-_37_'._"_"_'_O_U_SA_C_O_UR_T_REPO __R_TE_R_S_'_"_.'_"_ .._"_' P.. .
2004, /lAU yO\) EVE" MET MICHAEL LIBOW? I I
A. UP TO THIS DATE IN TIME?
Q. YES.
A. I roN'T BELIEVE SO.
Q. SO WOULD IT BE CORRECT THAT ALL YOUR
COMMUNICATIONS WITH HfC LIBOW HAJJ EITHER BEEN IN WRITING
OR ON THE PHONE?
A. YES.
OF YOUR OFFER; CORRECT? O. HAVE YOU TOLD ME EVERYTHING YOU RECALL ABOUT
10
II
A. YES.
O. THAT DEADLINE BEING 12:QO P.M. ON SEPTEMBER 14,
]0 ANY TELEPHONE CONVERSATION WITH HR. LIBOW UP THROUGH AND
J 1 INCLUDING SEPTEMBER J 3, 2004?
12 2004; CORRECT? 12 A. I'M SORRY. REPEAT THAT.
13 A. YES. 13 Q. YOU MENTIONED THAT YOU HAD TOLD MR. LIBOH THAT
14 o. THEN DID YOU HAVE UP TO THIS PERIOD OF TIME 14 YOU WOULD BE LEAVING THE COUNTRY TO GET MARRIED, AND
15 WHEN yOU SENT THE FAX OF SEPTEMBER 13, 2004 -- DID YOU
16 HAVE ANY CONVERSATION WITH MR. LIBOW?
15
16
YOU WANTED TO GET THIS FINALIZED BEFORE YOU LEFT.
A. YES.
17
16
19
A. I'M SURE I DID.
Q. DO YOU RECALL WHAT WAS SAID?
A. NOT EXACTLY, BUT I'M ESTIMATING TfLb,T I TOLD HIM
11
16
19
Q. HAD YOU TOLD HIM ANYTHING ELSE?
A. NO, I DON'T BELIEVE SO.
O. HAD HE TOLD YOU ANYTHING ELSE?
20 THAT I DIDN'T WANT '1'0 BE DEALING WITH THIS WHEN I LEFT 20 A. I BELl EVE HE HAD TOLD ME THAT THEY HAD ANOTHER
21 OUT OF TOWN TO GET Ml\RRIED; SO WE DID NEED TO TAJ<E CARE
22 OF THIS AS SOON AS POSSIBLE.
21 CLIENT THAT WAS INTERESTED ]N THE PROPERTY, AND THEY
22 WERE TRYING TO DECIDE BETWEEN US, THAT THEY HAD ANOTHER
23 o. WAS THAT ON THE PHONE? 23 COUNTER OFFER OR SOMETHING.
24 A. YES. 24 O. 00 YOU RECALL ANYTHING ELSE THAT MR. LIBOW HAD
25 Q. UP TO THIS DATE -- POINT IN TIME, SEPTEMBER 13,
NlVlE SAMAAN 7/1OJ06
25 TOLD YOU OR YOU HAD TOLD MR. LIBOW UP THROUGH AND
NWIE SAMAAN 7/I01U6
1-._----------------------+------------_._----------------I
JI()..)7!·1111 SOUSA COURT REPORTERS 71-C-S7I-0111
INCLUDING SEPTEMBER 13, 2004? Q.
)10-112_1111 SOUSA COURT REPORTERS ""·S1I-0111
DO YOU KNOW WHO YOUR HUSBAND WAS DEALING WITH?
A. NO.
O. HAD YOU SPOKEN TO ANYBODY IN YOUR OFFICE --
A. VICTOR PARKS.
Q. WHO IS VICTOR PARKS?
YOUR OFFICE MEANING THE GILLEiW'l GRIFFIN OFFICE --
REGARDING THIS TRANS1\CTION UP THROUGH THE TIME PERIOD OF
A.
Q.
THE LOAN OFFICER.
WHO DoES HE WORK WITH?
SEPTEMBER 13, 2004? A. I T KNOW. BELIEVE HE WORKS FOR HIMSELF,
A. ONLY IF I WOULD HAVE HAD QUESTIONS ON WORDING Q. HAD YOU EVER DEALT WITH VICTOR PARKS ON ANY
AND HOW TO DO A COUNTER OFFER AND THINGS OF THAT NATURE MATTER PRIOR To THIS TRANSACTION?
BECAUSE I HAD NEVER WRIT'l'EN UP AN OFFER BEFORE; SO I
10 WOULD ASK MY BROKER ABOUT -- 10
A.
Q.
HE'S RELATED TO MY HUSBAND.
WHAT'S HIS RELATIONSHIP TO YOUR HUSBAND?
11 o. 00 YOU RECALL DOING THAT? 11 A. THEY ARE COUSINS.
Q. WHAT BUSINESS IS YOUR HUSBAND IN?
A. HE'S A MOR'J'GAGE BROKER.
19 OTHER ASPECTS OF THE TRANSACTION UP THROUGH AND
20 INCLUDING SEPTEMBER 13, 2004?
23 A LOAN FOR THE PROPERTY UP THROUGH AND INCLUDING
12
13
14
15
16
11
16
21
22
A. YES.
o. so YOU RECALL TO RANDY SPAULDING ABOUT
HOW TO DO A COUNTER OFFER?
A. UH-HUH.
Q. IS THAT ·YES"?
A. YES.
O. .a.ND DO YOU RECALL TALKING TO HIM ABOUT ANY
A. NO, I DON'T BELIEVE SO.
O. NOW, HAD YOU SPOKEN TO ANYBODY ABOUT OBTAINING
12
13
14
15
16
11
18
19
20
21
-1 9- 22
23
Q.
OFFICE?
A.
Q.
A.
Q.
A.
Q.
A.
Q.
DOES HE AND VICTOR PARK WORK IN THE SAME
THEY WORK ON THE SAME NETWORK.
WHAT NETWORK IS THAT?
A COMPUTER NETWORK.
I MEAN DO THEY HAVE A JOINT BUSINESS?
I BELIEVE SO, YES.
WHAT'S THE NAME OF IT?
DELTA PACIFIC.
IS DELTA PACIFIC A MORTGAGE LOAN BROKER?
24 SEPTEMBER 13, 2004? 24 A. YES.
25 A. MY HUSBAND WAS DE.lI"LING WITH THE LOAN PROCESS.
NtVlESAMAAN 7110106
25 Q. I S IT A CORPORATI ON'?
NtVlESAMAAN 7/10ttKi
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 32 of 50
BEFORE SENDING THE FAX TRAT' S DATED SEPTEMBER 16,
._-------------------
310-372-1111 SOUSA COURT REI'ORTERS 71-t-:57I-0111
Page41
A. I BELIEVE SO.
Q. WHO ARE THE OWNERS?
_SO_U_SA_C_O_UR_T_REPO_R_TE_RS_7_"_.'_·7_'-O_'_"____ Page'l2 _.'.;. I
1 Q. DID YOU HAVE A CONVERSATION WITH MR. LISOW _.
2004,
A.
Q.
I DON'T KNOW.
IS YOUR HUSBAND AN OWNER?
3 AND IS MARKED AS DOCUMENT NO. 50023 REGARDING THE
4 SUBSTANCE OF THAT TRANSMITTAL?
A. I OON'T BELIEVE SO.
Q. S MR. PARKS AN OWNER?
Q. DO YOU KNOW WHO RUNS THE COMPANY?
A. YOU'RE ASKING IF I SPOKE TO HIM BEFORE THIS?
Q. YES.
A. YES.
Q. SO WAS THAT BETWEEN SEPTEMBER 13, 2004, AND
A. DONIT KNOW. 9 SEPTEMBER 16, 20041
10 Q. OTHER THAN YOUR HUSBAND AND VICTOR PARKS, HAVE 10 A. I WOULD ASSUME IT IS.
11
12
13
14
15
16
17
YOU EVER SPOKEN TO ANYONE ELSE WHO HAS ANY CONNECTION
WITH DELTA PAC! nC?
A. NO.
Q. WHERE ARE THE OFFICES OF DELTA PACIFIC?
A. OON I T KNOW WHERE THE OFFICES ARE.
Q. HAVE YOU EVER BEEN TO THEIR OFFICES-?
A. NO.
11
12
13
14
15
16
17
Q. WAS THAT ONE CONVERSATION OR MORE THAN ONE
CONVERSATION?
A. I DON'T RECALL.
Q. WAS IT IN PERSON OR ON THE PHONE?
A. ON THE PHONE.
Q. DO YOU RECALL THE SUBSTANCE OF THE
CONVERSATION?
18 Q. DID YOU SPEAK TO VICTOR PARKS REGARDING THIS 18 A. I CAN ESTIMATE WHAT WE SAID, WHICH WOULD BE
19 TRANSACTION? 19 THAT WHEN I MADE AN OFFER FOR THIS PROPERTY, I HAD TOLD
20
21
22
23
A. NO.
Q. ALL THAT WAS HANDLED BY YOUR HUSBAND?
A. ES.
Q. LOOKING AT PAGE S0023 AND S0024, IS THAT
20 HIM THAT I WAS GOING TO BE LEAVING THE STATE TO BE
21 MARRIED, AND THAT r WOULD NEED THE ACCEPTANCE DATE TO BE
22 PUSHED FORWARD ONE WEEK BECAUSE I WOULD NOT BE ABLE TO
23 FULFILL MY OBLIGATIONS, IF NOT.
24
25
SOMETHING 'fHAT YOU SEN'f 'fO MR. LIBOW ON SEPTEMBER 16?
A. YES.
NlVIE SAMAAN 7/10/06
[ SOUSA. COURT REPORTERS 714.571-0111
Pugc:4.1
24
25
O. OKAY. SO WOULD IT BE CORRECT THAT AS OF
SEPTEMBER 16, 2004, YOU KNEW THAT YOU COULDN'T MEET YOUR
NTVlE SAMAAN 7/10!U6
SOUSA COURT REPORTERS 114-511-0111
OBLIGATIONS UNDER THE COUNTER OFFER THAT YOU HAD SENT Q. YOU SAY THAT MR. LIBOW TOLD YOU THAT DR. ZERNIK
BACK TO DR. ZERNIK UNLESS DR. ZERNIK AGREED TO AMEND THE
ACCEPTANCE DATE TO SEPTEMBER 23, 2004?
2 WOULD AGREE TO AMEND THE ACCEPTANCE DATE TO
3 SEPTEMBER 23, 2004?
A. YES. A. YES. WHEN I -- WHEN MICHAEL LISOH -- LET'S
Q. DID YOU PREPARE THE AMENDMENT THAT WAS SENT
ON -- THAT'S PAGE S0024 AND DATED SEPTEMBER 16, 2004?
A. DID I PREPARE IT?
5 JUST GO BACK FOR A MINUTE.
WHEN I HAD SENT THE CANCELED -- THE
7 CANCELLATION OF MY OFFER, CANCELLATION OF IT --
10
Q. YES
A. YES
Q. DID YOU EVER RECEIVE A SIGNED COPY OF TH}\T FROM 10
Q.
A.
YOU'RE REFERRING TO DOCUMENT S0022?
YES, YES.
I TOLD HIM I WOULD NOT BE ABLE TO MEET MY
11 DR. ZERNIK? 11 OBLIGATIONS. I WAS CONTACTED BY LIBQW, STATING THAT
12
13
A. NO.
Q. DID MR. LIBOW TELL YOU DR. ZERNIK HAD SIGNED
12 THEY HAD MULTIPLE OFFERS, AND HE WOULD BE GETTING BACK
13 TO ME THE NEXT DAY, AND I TOLD HIM I WASN'T SURE IF I
14 IT? 14 WOULD ACCEPT, IF I WOULD BE ABLE TO MEET MY OBLIGATIONS
15
16
A. NO.
O. DID YOU EVER ASK MR. LISON IF DR. ZERNIK HAD
15 BECAUSE I WAS LEAVING FOR A WEEK, AND I DIDN' T WANT TO
16 BE DEALING WITH THIS WHILE I WAS AWAY ON MY HONEYMOON.
17 SIGNED IT? 17 SO WHEN HE CALLED ME ON THE 15TH, I STATED TO
18
19 IT,
A. NO, BECAUSE HE ST.J\TED THAT HE WOULD AGREE TO 18
19
HIM THAT I WOULD NEED THE ACCEPTANCE DATE TO BE AMENDED
FOR ONE WEEK. AFTER I RETURNED -- YES, ONE WEEK. I WAS
20 Q. WHO STATED HE WOULD AGREE TO IT? 20 RETURNING ON THE 23RD; SO I NEEDED THE ACCEPTANCE TO
A. MICHAEL LIl30W. 21
22 Q. DID MICHAEL LIBOW TELL YOU HE HAD WRITTEN
21 START ON" THAi nATE BEr.AUSE I WOULD NOT BE ABLE TO MEET
-1 22 MY OBLIGATIONS. AND I TOLD HIM THAT, YOU KNOW', I WAS
23 AUTHORIZATION FROM DR. ZERNIK TO AGREE TO THAT? 23 GOING TO SEND HIM A WRITTEN AGREEMENT THAT I WANTED TO
24 A. NO. HE NEVER TALKED ABOUT WRITTEN 24 BE SIGNED, AND HE SAID A WRITTEN AGREEMENT IS NOT
25 AUTHORIZATION
NIVIE SAMAAN 7!10J06
25 NECESSARY, BUT I FAXED IT ANYWAY.
NIVIE SAMAAN 1/1OJt)(;
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 33 of 50
;-- ------ _._--------- .. _-_._----------,----_._------
110-J72-1111 SOUSA COURT RFJ'ORTERS 1U.. i71-011l )10.171-1111 SOUSA COURT REPORTERS 71·M71.Q111
Page 45 P:l5c46
THEN ON THE -- ON THE 16TH -- SO THIS WAS THE
MORNING BECAUSE HE F.lI.XED TO HF. THE ACCEPTANCE ON THE
By MR. CUMMINGS:
Q. DOES THAT HAVE DR. ZERNIK'S SIGNATURE ON IT?
23 ASKING ABOUT.
EVENING OF SEPTEMBER 15TH, WHICH IS BEFORE THE HORNING
THAT WE WERE LEAVING. WE LEFT ON SEPTEMBER 16TH, IN THE
MORNING. TO LEAVE FOR HAWAI r.
Q. WHERE IS THAT ACCEPTANCE?
Q. WHERE IS THAT ACCEPTANCE,?
THE wITNESS; COUNTER OFFER 2.
'J/lS/OIl?
YES.
YES.
-- MAUl.
THAT'S PAGE S002S,?
YES.
IS [T CORRECT THAT YOU DIDN'T RECEIVE ANY
O.
A.
O.
O. DID YOU THEN INITIAL "N.S .• " THE CONFIRMATION
A.
A.
O. AND yOU SENT THAT BACK ON SEPTEMBER 16, 2004,
O·
Q. NOW, YOU HAVE A FAX HERE. FIRST OF ALL, THE
PAGE YOU'RE REFERRING TO IS 50026; CORRECT?
A. YES.
O. YOU HAVE A COVER SHEET FROM THE FAIRMONT IN REA
LAN} --
A. YES.
A. YES, ONLY AfTER THE: AGREEMENT VERBALLY ON THE
PHONE WITH MR. LIBQW THAT THE ACCEPTANCE DATE woULD BE
PUSHED BACK ONE WEEK.
WRITTEN CONFIRMATION AS OF SEPTEMBER 16, 2004, THAT
DR. ZERNIK HAD, IN fACT. AGREED TO PUSH THE ACCEPTANCE
]0
A. YES.
1l
12
]3
I'
IS
16 OF ACCEPTANCE?
17
18
19 TO HR. LISaH?
25
20
21
22
23
2.
EXCUSE ME'?
I DON'T UNDERSTAND WHAT YOU'RE SAYING.
CAN VOU SHOW ME wHERE TilEY PJ(ED YOU A DocUMENT
A.
O.
A.
Q. WELL, YOU --
MR. STEIN: THIS DOCUMENT HERE. THIS IS WHAT HE'S
A. WHAT .I\.CCEPTANCE ARE YOU REfERRING TO?
O. THE ONE THAT YOU JUST REFERRED TO.
A. NO, NO. THE ACCEPTANCE OF THE OFFER -- OF THE
OFFER Of THE PURCHASE Of THE PROPERTY. THAT THEY,
BASICALLY, SAID THEY WERE ACCEPTING MY OFFER, AND THAT
WE WERE
O. WHAT DOCUMENT ARE YOU REfERRING TO?
A. THE PURCHASE AGREEMENT.
THAT YOU UNDERSTOOD TO BE OR. ZERNIK'S ACCEPTANCE OF
YOUR COUNTER OFFER.
II
10
11
12
13
14
15
16
17
18
19
20
21
22
2.
25
NlVlE SAMAAN 7/10106 NlVlE SAMAAN 111MJ6
714-571-0111 31l).)71-1111 SOUSA COURT REPORTERS 114-571.0111
OATE BACK ONE WEEK?
TELL HE WHAT THOSE ME. GENERALLY DESCRIBE WHAT THOSE
WHICH IS MR. ZERNIK'S AGENT, THAT IT WOULD NOT BE A
PROBLEM IF I NEEDED THE DATE PUSHED BACK, THAT HIS
CLIENT WOULD AGREE AND ACCOMMODATE THAT. HERE ON THE ONE THAT'S SEPTEMBER 28, 2004, THAT THEY
ESTIMATE fINAL LOAN APPROVAL IN TEN BUSINESS DAYS.
00 VOU SEE THAT?
LET' 5 GO THROUGH THEM ONE BY ONE. NOW, IT SAYS O.

HR. STEIN; I'M GOING TO OBJECT BECAUSE IT MISSTATES
OR HISCHARACTERIZES THE PRODUCTION THAT SHE'S PROVIDED.
HR. CUMMINGS: I'LL WITHDRAW THE QUESTION.
YES, ONLY BECAUSE WAS TOLD BY MICf!AEL LIBOW,
CAN YOU LOOK AT PAGES 50027 THROUGH S0038.
A.
Q.
ME. A. YES.
THESE ALL E-MAILS?
RECALL IF I RECEIVED A COpy OF EACH OF THE E-MAILS.
THESE ALL THE E-MAILS THAT YOU'RE AWARE OF BETWEEN
VICTOR PARKS AND HR. LIBOW·?
HR. STEIN: VAGUE AND AMBIGUOUS AS TO WHEN YOU'RE
REFERRING.
BY HR. CUMMINGS:
I I H SURE: I WAS MADE AWARE OF THAT.
DID VICTOR PARKS JUST GIVE COPIES OF THESE
YES.
YES.
A.
O.
A.
A.
Q. AND YOU UNDERSTOOD YOU HAD TO OBTAIN A LOAN
O. WERE VOU AWARE OF THAT E-MAIL ON OR ABOUT
SEPTEMBER 2B, 20041
A. MY HUSBAND WAS ASSISTING WITH THE LOAN; SO THAT
IS HOW I WAS MADE AWARE OF THIS.
O. SO WOULD IT BE CORRECT THAT YOUR DEALINGS ON
E-MAILS TO YOUR HUSBAND? IS THAT HOW yOU WERE MADE
AWARE OF IT?
O. AND HE AND HR. PARKS WORKED TOGETHER, AND THEY
WERE DOING WHATEVER THEY DO TO OBTAIN A LOAN Cet-iMITMENT;
CORRECT?
18 THE LOAN WERE THROUGH YOUR HUSBAND?
10
11
12
13
14
15
16
17
19
20
21
25 CGiMITMENT THAT WOULD BE FOR AN 80 PERCENT LOAN fOR THE
-1 1- 22
23
2.
I DON'T
CORRESPONDENCE FROM VICTOR PMKS TO MICHAEL
DID YOI) RECEIVE COPIES OF EACH OF THESE -- ARE
YES, I BELIEVE SO.
DID YOU RECEIVE COPIES OF THESE E-HAILS?
THIS STAPLED PACKAGE, 50027 THROUGH 50038, ARE
A.
Q.
Q.
A. I WAS HADE AWARE OF THE E-HAILS.
Q.
A.
LIBOW.
Q.
CONTEMPORANEOUSLY WITH THE E-MAILS BEING SENT.
IS IT YOUR UNDERSTANDING YOU WERE RECEIVING
COPIES OF THESE E-MAI LS?
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NlVlESAMAAN 7110106 NlVlE SAMAAN 7/10.(16
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 34 of 50
------ ----,---.__. ----- ------------------
310-312.1111 SOUSA COURT REPORTERS ..OIJI 310-372.. 1111 SOUSA COURT REPORTERS
P;a:c<lY
FIRST lJEEU OF TRUST JUW A 10 PERCENT LOAN fOR THE SECONU
P:I&c5U
O. WELL, WHAT I'M. SAYING IS [JIll YOU UNlJERSTANLJ
DEED OF TRUST; CORRECT? THAT YOU WERE GOI HG TO INCRE.45E THE AMOUNT OF THE DOWN
A. IF THAT's WHAT IT SAYS .. I'M NOT A LOAN PAYMENT; INSTEAD OF PUTTING 10 PERCENT DOWN, THAT YOU
OfFICER, I DON'T KNOW MUCH ABOUT TKAT. WERE GOING TO BE PUTTING DOWN MORE MONEY TO INCREASE THE
Q. THE COUNTER OFFER WAS FOR 1, 11 e, 000 i CORRECT? PURCHASE PRICE TO 1,718, ODD?
GOING TO REMAIN AT 1,336,000; IS THAT CORRECT?
A.
Q.
A.
If TH.l\T'S WHAT IT STATES.
LET'S HAKE SURE. LOOKING AT PAGE 50014 --
YES.
A.
Q.
YES.
SO THE AMOUNT OF THE FIRST TRUST DEED LOAN WAS
Q. AND THE AMOUNT OF THE SECOND TRUST DEED LOAN 10
Q.
A.
-- IT'S 1,118,000; CORRECT?
YES .. 10
A. YES.
II Q. AND YOUR ORIGINAL OFFER WAS FOR A 10 PERCENT II WAS GOING TO REMAIN AT 161,000; CORRECT?
12 DOWN PAYMENT WITH AN 80 PERCENT FIRST TRUST DEED LOAN
13 AND A 10 PERCENT SECOND TRUST OEED LOAN; CORRECT?
12
13
A. YES.
Q. BUT THE DOWN PAYMENT WAS GOING TO INCREASE TO
14 A. YES. 14 COVER THE ADDITIONAL HONEY FROM -- ADDITIONAL $48,000;
15 Q. AND DID YOU UNDERSTAND THAT EVEN THOUGH THE 15 CORRECT'? THE DI FfERENCE BETWEEN THE PURCHASE PRICE Of
19 TRUST DEED LOAN?
1,610,000 AND 1,118,000?
PURCHASE PRICE INCREASED TO COVER OUR CLOSING COST OF
$30,OUO. THAT'S WHAT WE HAD REQUESTED.
16
17
18
PURCHASE PRICE WAS BEING INCREASED TO L 118,000, THAT
YOU WOULD STILL PUT DOWN 10 PERCENT DOWN, U..lWE AN
80 PERCENT FIRST TRUST DEED LOAN AND A. 10 PERCENT SECOND
16
17
18
19
A. RIGHT. WELL, IT WA5 GOING TO INCREASE -- THE
20 A. I BELIEVE SO. 20 I DON'T KNOW IF THAT ANSWERS YOUR QUESTION, BUT
THAT'S ALL I KNOW. 21
22
Q. I JUST WANT TO MAKE SURE.
THAT WAS YOUR UNDERSTANDING OF THE
21
22 Q. WHAT I WANT TO KNOW IS I WANT TO KNOW YOUR
23 CORRECT'?
24 A. I DON'T REALLY UNDERSTAND THE TRANSACTI ON AS
23
24
UNDERSTANDING AS TO HOW MUCH MONEY WAS GOING TO BE THE
DOWN PA¥MENT .
25 FAR AS MONEY IS CONCERNED. 25 A. I BELIEVE ALL TOGETHER IT WAS GOING TO BE
NIVJE SAMAAN 7/1CW6 NlVIESAMAAN 7/1OJ06
310-312.-1111 SOUSA COURT REPORTERS 714-571-0111 JIG-J72-1I11 SOUSA COURT REPORTE.RS 71-4_571.0111
P,geS2
30,000. WELL, THE INITIAL DEPOSIT. A. YES.
TOT.'L CASK, THE AMOUNT Of MONEY THAT YOU WEREN I T
BORROWING. I WANT TO KNOW THE AM"OUNT OF HONEY YOU WERE
NOT BORROWING. IF yOU WANT TO USE A PIECE OF PAPER TO
CALCULATE IT, THAT'S FINE.
THAT AMOUNT OR soot OTHER AMOUNT?
O. WHAT'S YOUR UNDERSTANDING AS TO THE AMOUNT or
FIRST TRUST DEED LOAN? WAS IT GOING TO 6E 80 PERCENT OF
Q. I DON'T MEAN THE INITIAL DEPOSIT. I MEAN THE
A.
Q.
I BELIEVE 80 PERCENT.
WHAT WAS YOUR UNDERSTANDING AS TO THE SECOND
A. I CAN'T CALCULATE IT BECAUSE I DON'T KNOW HOW TRUST DEED LOAN? WAS IT GOING TO BE 10 PERCENT OF
10
TO 00 THAT; SO I WOULD NEED TO ASK MY HUSBAND OR ASK MY
ATTORNEY.
O. WELL, WAS THE FIRsT TRUST DEED LOAN GOING TO BE 10
A.
Q.
I DON'T KNOW.
WHAT'S YOUR UNDERSr.r..NDING AS TO THE AMOUNT OF
23 BY MR. CUMMINGS:
11 MORE THAN 1,336,000?
14 UNDERSTANDING.
17 SHE KAS PERSONAL KNOWLEDGE OF -- THAT HE'S ASKING YOU TO
18 RESPOND TO. SO TO wHAT YOU HAVE, YOU'RE TO RESPOND TO.
19 IF YOU DON'T HAVE PERSONAL KNOWLEDGE, THEN --
HOW DID YOU KNOW HOW MUCH MONEY YOU WERE GOING Q.
Q. 00 YOU KNOW HOW IT WAS GOING TO 8£ CALCULATED?
A. NO.
CASH THAT WAS GOING TO BE PAID BY YOU THROUGH ESCROW
THAT WAS NOT BEING OBTAINED FRai EITHER THE FIRST OR
SECOND TRUST DEED LOAN?
A. YOU'RE ASKING FOR THE AMOUNT, OR DID I KNOW HOW
IT WAS GOING TO BE --
Q. YES, THE AH'OUNT.
A. OH, I DON'T KNOW WHAT THE AMOUNT wAs GOING TO
TO NEED TO CLOSE ESCROW?
A. MY HUSBAND WAS TO -- HANDLING THAT.
0.. DID YOU EVER TELL HR. LI BaH THAT YOU DI ON' T
11
12
13
14
15
16
18 BE.
19
20
21
23
24
25 KNOW HOW MUCH CASH YOU WOULO BE PUTTING THROUGH ESCROW
-1 2- 22
LET'S BACK UP. I'M ASKING FOR YOUR
IS IT YOUR UNDERSTANDING THAT THE PURCHASE
A. THAT'S WHAT IT SAYS. I GUESS NOT.
o.
A. AND I'M TELLING YOU I DON'T UNDERSTAND.
HR. STEIN: I'M ONLY GOING TO OBJECT BECAUSE OF WHAT
Q.
MR. STEIN: I DON'T WANT YOU GUESSING.
THE WITNESS: ALL I HAVE PERSONAL KNOWLEDGE OF IS
WHAT I'M LOOKING AT.
PRICE WAS GOING TO BE 1, 118, 000?
12
13
15
16
20
21
22
24
25
NIVlESAMAAN' 7/1MJ6 NlVlE SAMAAN 711M16
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 35 of 50
310-312-1111 SOUSACOURTREPOR'ffiRS 114-:571.(1111
Pagej)
310-372-1111 SOUSA COIIRTREPORTERS 71.4·571-0111
PagcH
1 TO CLOSE THE M..b"TTER?
A. I HAll KNOWLEUGE OF WHAT WAS GOING ON WITH THE
A. I DIDN'T DEAL WITH HR. I.I80H ON ANY FINANCES. 2 TRANSACT]ON.
O. DID YOU EVER PUT ANYTH]NG IN WRIT]NG TO
" MR. LISOH INDICATING YOU DIDN'T KNOW HOW MUCH MONEY
5 WOULD BE REQUIRED TO BE DEPOSITED IN CAsH FROM YOU TO
6 CLOSE ESCROW?
O. NOW, WHEN IT 5AYS HERE, "WE WERE TOLD THE
4 CONTINGENCY STAATS FROM THE 23RD," AS OF SEPTEMBER 28,
5 2004, IS ]1' CORRECT THAT YOU HAD NEVER RECEIVED WRITtEN
6 CONf'I RMAT ION?
A. I DON'T BELIEVE SO. HR. STEIN: EXCUSE HE. MR. CUMMINGS, I D]ON'T
O. DID YOU EVER NOTIFY DR. ZERNIK THAT YOU DIDN'T
9 KNOW HOW MUCH CASH YOU WOULD NEED IN ORDER TO CLOSE
LOOK -- THANK YOU. ASK IT AGAIN. I GOT LOST. I'M
9 SAYING WHERE IN THE HELL IS THE Z3RD.
10
11
ESCROW'?
A. NO.
10
11
MR. CUMMINGS: OKAY.
Q. DO YOU SEE PAGE g002S? DO YOU SEE THAT'?
12 Q. TO YOUR KNOWLEDGE, DID YOUR HUSBAND EVER sPEAK 12 A. YES.
13 TO MR. LIBOW'?
13 Q. OKAY. NOW, IT SAYS, "HELLO, MICHAEL. WE WERE
14 A. I DON'T KNoW.
14 TOLD THE CONTINGENCY STARTS FROM THE 2:JRD."
15 O. DID YOU TELL MR. LIBOH TAAT YOUR FIANCE OR YOUR 15 DO YOU SEE THAT'?
16 HUSBAND WAS WORKING WITH VICTOR PARKS? 16 A. YES.
17 A. I OOO'T REC.Q"LL.
17 Q. DID YOU RECEIVE A COpy OE" THIS E-MAIL ON OR
18 O. DID YOU EVER NoTIFY JOSEPH ZERNIK THAT YOUR 18 ABOUT SEPTEMBER 28, 2000
19 HUSBAND WAS WORKING WITH VICTOR PARKS TO OBTAIN THE LOAN 19 A. NO. I PROBABLY JUST SAW IT. I DON'T KNOW IF I
20 ON THE PROPERTY'?
20 RECEIVED A COpy OF IT OR NOT.
21 A. I HAD NEVER SPOKEN OR NOTIFIED MR. ZERNIK 21 Q. WHEN YOU SAY YOU SAW IT. WHAT DO YOU MEAN? DID
22
23
24
PERSONALLY.
O. NOW, YOU SEE THE SECOND PAGE, PAGE S0028. WERE
YOU AWARE OF THAT -- OF THOSE E-MAIL5 IN OR ABOUT
22
23
24
YOUR HUSBAND BRING HOME COPIES?
A. MY HUSBAND WAS HANDLING THE TRANSACTION; SO HE
HAD A COPY.
SEPTEMBER 28. 2004,?
NlVlESAMAAN 7/1lW6
llG-Jll.IJlI SOUSACOURTREPORn.RS
25 Q. DID HE BRING THEM HOME?
HlvtESA,MAAN 111MJ6
1!().)71.1111 SOUSA COURTREPORTERS 114-511-{1111
A. I DON'T KNOW I F HE BROUGHT THEM HOME OR NOT.
Q. ARE YOU ABL.E TO ACCESS GILLERAN GRIFFIN THROUGH
o. 00 YOU RECALL'? THAT'S WHAT I'M SAYING. DO YOU YOUR NETWORK?
3 REC.IU.L HIH BRINGING THEM HOME AND YOU LOOKING AT THEM? A. YES.
A. YES. MY HUSBAND WORKS OUT OF THE HOUSE AT O. THROUGH YOUR COMPUTER AT HOME'?
5 TIMES' SO THEY WERE PROBABLY AT HOME.
Q. OKAY. SO WOULD IT BE CORRECT TO SJW THAT YOU
A.
Q.
YES.
IS YOUR HUSBAND ABLE TO ACCESS PACIFIC MORTGAGE
7 HAD ACCESS TO THE E-MAILS THAT WERE S0021 AND
8 S0028?
1 CONSULTANTS' CCt-lPUTERS THROUGH HIS COMPUTER IN YOUR
e APARTMENT?
10
A. YES.
Q. YOU YOU HAVE !\II OFFICE, AND THIS IS IN THE 10
A.
Q.
YES.
SO IS IT CQRRECT THAT IT'S YOUR UNDERSTANDING,
11 APARTMENT WHERE YOU .WD YOUR HUSBAND LIVE; CORRECT? 11 BASED UPON WHAT MR. LI BOW TOLD YOU, THAT ALL THE
12 A. 'lES. 12 CONTINGENCIES WERE TO START FRa-! SEPtEMBER 23, 2004?
13
14
15
Q. lIND DOES YOUR HUSBAND USE THE SAME OFFICE, OR
00 YOU HAVE TWO OFfICES?
A. YES. HE ALSO HAS AN OFFICE .'T HIS COMPANY.
13
14
15
A. YES.
O. AND THAT'S WHAT YOU HAD AGREED TO.; CORRECT?
A. SEPTEMBER 23, 2004, YES.
16
11
18
19
Q.
A.
Q.
A.
DOES HE USE AN OFFICE IN THE HOHE?
YES.
00 YOU BarH USE THE SAME OFFICE?
YES.
16
17
18
19
Q.
50029,?
A.
Q.
00 YOU SEE THE E-MAIL OF OCTOBER 5, 2004,
YES.
DO yOU SEE THAT?
20 o. 00 YOU BOTH USE THE SAME COMPUTER DR SEPARATE 20 NOW. HAD YOU HAD ANY DIRECT CONTACT WITH
21 Ct.HPUTERS?
22 A. SEPARATE.
21
-1 3- 22
ESCROW?
A. YES.
23
24
Q. }\NO YOUR COMPUTER IS NETWORKED WITH GILLERAN
GRIFFIN'?
23
24
Q. WHEN WAS THE FIRST TIME YOU HAD ANY DIRECT
CONTACT WITH ESCROW?
25 A. NO.
NlVlE sAMAAN 7/10106
25 A. 1 DON'T RECALL THE DATE.
NIVIESAMAAN 1(UW6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 36 of 50
.._- ------------
310-372-1111 SOUSACOURTRFl'ORTERS 7[+-571-0111 310-372·1111 SOUSA COURT REPORTERS 71-1·571.0111
PageS? Page 511
Q. WAS IT BEFORE YOU WENT TO HAWAII?
A. I DON'T BELIEVE SO.
Q. WHO DID YOU SPEAK TO AT MARA ESCROW?
1 THE ESCROW OFFICE BY THE NEXT OAY, WHICH WAS THE 24TH.
2 SO J DID NOT SPEAK TO HIM UNTIL THE NEXT DAY OF THE 24TH
3 AND TOLD HIM THAT I COULD HAVE THE CHECK AT ESCROW BUT
A. GAIL HERSHOWITZ.
Q. ANYBODY ELSE?
A. I MAY HAVE SPOKEN TO ANOTHER LADY AT ONE POINT.
4 THAT THERE WOULD BE A HOLD ON THE FUNDS BECAUSE I
5 TRANSFERRING IT FRC1-f ANOTHER ACCOUNT I AND SO I COULD
6 GIVE THEM THE CHECK, BUT THEY WERE TO HaLO IT FOR A
I DON' T RECALL THE N.lI.ME COUPLE OF DAYS BEFORE DEPOSITING IT.
Q. AND DID YOU SPEAK TO GAIL HERSHOWITZ BEFORE YOU
RETURNED FROM HAWAII?
AND THEN AT THAT TIME I SPOKE TO -- I ALSO
9 CALLED GAIL HERSHOWITZ TO LET HER KNOW THAT EXACT THING.
16 BY MR. CUMMINGS:
18 MS. HERSHaWITZ?
A. NO.
/MR ZERNIK LEFT THE DEPOSITION ROOM.}
WAS THIS CONVERSATION ON THE PHONE OR IN O.
SO HE HAD TOLD ME JUST TAKE THE CHECK IN THERE, AND WHEN
I SPOKE TO GAIL, I -- I TOLD HER THAT THAT WAS GOING TO
BE THE CASE AND THAT THE CHECI< COULD NOT BE DEPOSITED
BECAUSE THE FUNDS WOULD NOT BE AVAILABLE If SHE DID, AND
SHE SAID, "THAT'S NOT A PROBLEM, EVEN IF WE DID" -- IF
IT DID -- If IT DID BOUNCE, THEY JUST REDEPOSIT, BUT I
TOLD HER I DID NOT WANT THAT TO HAPPENi SO SHE SAID SHE
WOULD HOLD ON TO IT.
10
11
12
13
14
15
16
17
18
WHEN Is THE FIRST TIME YOU SPOKE TO O·
THE WITNESS: YES, IN THE LATE EVENING.
Q. WHEN YOU GOT BACK FRCM HAWAII, WHEN IS THE
FIRST TIME YOU SPOKE TO GAIL HERSHOWIT2? YOU RETURNED
FROM HAWAII ON SEPTEMBER 23; IS THAT CORRECT?
11
10
12
13
14
15
17
010 SHE SAY TO YOU?
19
20
21
A.
O.
I BELIEVE IT WAS THE 24TH.
WHAT DID YOU SAY TO MS. HERSHOWITZ, AND WHAT
19
20
21
PERSON?
A_
O.
ON THE PHONE.
DID yOU DELIVER THE CHECK THE NEXT -- ON THE
22 A. WELL, LET ME BACK UP. I HAD A VOICE MAIL 22 24TH TO MARA ESCROW?
23 HESSAGE ON MY CELL PHONE FROM MICHAEL LIBQW THE EVENING
2S THEY NEEDED TO HAVE THE INITIAL DEPOSIT OF $15,000 AT
ADAMANT THAT THE CHECK BE GIVEN TO HIS ASSISTANT AND
TAKEN TO HIS ASSISTANT'S HOME. SO WE DID THAT ON THE
NO. WHAT HAPPENED WAS MICHAEL LIBOW WAS A. 23
24
25
THAT I RETURNED, WHICH WAS THE 23RD, .wn HE STATED THAT 24
NIVTE SAMAAN 7/1 OfOG NIVIE SAMAAN 7/1011)6
310.372·1111 SOUSA COURT REPORTERS 714-571-0111 310.372·1111 SQUSACOURTREPOR'lERS 714·sn.olll

EVENING OF THE 24TH. MR. STEIN: CAN WE GET ONE MOP,E COPY, PLEASE? THANK
Q.
A.
WHOSE HOME WAS IT TAKEN TO?
HIS ASSISTANT. I HAVE NO IDEA WHOSE NAME -- I
YOU.
BY MR. CUMMINGS:
DID NOT TAKE THE CHECK. MY HUSBAND TOOK THE CHECK. O. IS THAT A COPY OF THE CHECK THAT YOU GAVE TO
MR. CUMMINGS: IS THAT CHECK IN HERE?
MR. STEIN: YES. I THINK, ACTUALLY, ITIS NOT IN
HERE. IT'S IN THE MARA ESCROW DOCUMENTS THAT THEY
5 MARA ESCROW?
9 THE CHECK, YOU KNEW THAT IF IT WAS DEPOSITED ON
TO MICHAEL LIBOW'S ASSISTANT.
Q. AND IS IT CORRECT THAT AT THE TIME YOU WROTE
IT WASN'T GIVEN TO MARA ESCROW. IT WAS GIVEN A. 6
7
8
YOU DON'T REMEMBER THE ADDRESS?
NO. I WAS NEVER THERE.
Q.
A.
ALSO.
(WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEOUENTLY MARKED BY THE REPORTER AS
DEFENDANT'S EXHIBIT 3 FOR IDENTIFICATION AND
IS HERETO ATTACHED. J
BY MR. CUMMINGS:
PRODUCED.
THE WITNESS: I'M GOING TO USE THE RESTROOM.
(BRIEF RECESS.)
HR. CUMMINGS: LET ME MARK AS EXHIBIT 3 A COPY OF A
CHECK, DATED SEPTEMBER 24, 2004.
THE WITNESS: MAY I SEE THAT?
MR. STEIN: YOU'RE GOING TO GET A COPY.
FRONT AND BACK. THERE'S WRITING ON THE BACK
16 ASSISTANT?
YES, AND I MADE THAT CLEAR.
ON SEPTEMBER 24, 2004, WOULD IT HAVE BEEN
BECAUSE I ALREADY SAID THAT THE FUNDS WERE NOT
O.
A.
A.
NOT CLEAR?
SEPTEMBER 24, 2004, OR SEPTEMBER 25, 2004, THAT IT WOULD
POSSIBLE FOR YOU TO GET A CASHIER'S CHECK OR CERTIFIED
CHECK fOR $15,000 AND DELIVER IT TO MR. LIBOW'S
A. NO.
O. AND WHY IS THAT?
A. BECAUSE IT WAS TOO LATE IN THE EVENING.
Q. WHY WEREN'T YOU ABLE TO DO IT DURING THE DAY OF
SEPTEMBER 24?
Q. YOU COULON' T GET IT fRC1-I ANY Of YOUR ACCOUNTS,
YOUR HUSBAND'S ACCOUNTS?
10
11
12
13
14
15
17
18
19
20
21
23 AVAILABLE; SO I COULD NOT GET A CASHIER'S CHECK.
24
25
-1 4- 22
NOW, IS THAT THE COPY OF THE CHECK THAT YOU Q.
GAVE --
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
NIVIESAMAAN 7/10106 NlVIE SAMAAN 7/1MJ6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 37 of 50
1------ -------_._---- -----------,--------_.-_.. -
JI0-372-1111 SOUSA COURT RJ:PORTERS 71+>71-0111
,... NO. I WAS l'RANSfEHRJNG HONEY IN'fO THIS J\CCOUNT
lIO-J12-11l1 SOUSA COURT REPORTERS
GIVEN AT THE TIME THE OfFER I$ ACCEPTEO?
Pa(c62
2 THAT I WANTED TO USE. THE fUNDS WOULO NOT CLEAR. THERE
3 WAS A HOLD ON THE FUNDS.
A.
Q.
YES, THAT THERE ARE --
I SN' T THAT THE STANDARD I N THE REAL ESTATE
Q. NOW, WHEN YOU WENT TO HAWAn, IS 11' CORRECT
5 THAT YOU UNDERSTOOD THAT $15.000 WAS DUE AT ACCEPTANCE?
11.. THE ACCEPTANCE Of THE 23RLJ.
7 O. so YOU UNDERSTOOD SI0,OJO WAS DUE ON
8 SEPTEMBER 23 --
9 A. NO. NOT THE 23RD. WE WERE B.l'\CK ON THE 23RD.
INDUSTRY? NDN'T YOU UNDERSTAND THAT?
A. YES, IT IS THE STANDARD, BUT IT'S ALSO THE
6 STANUARlJ THAT IF VOU GIVE A UEPOSIT AND YOU'RE ASKED TO
7 HOLD IT fOR A COUPLE OF DAYS, THAT THAT IS GR.'\NTED, AS
8 LONG AS THEY HAVE THE DEPOSIT.
9 O. CAN YOU LOOK AT 50044 THROUGH S0066.
10
11
I DID NOT KNOW THAT IT WAS GOING TO BE DUE THE
SECDtW WE GOT BACK I NTO TOWN. I WAS NOT MADE AWARE OF
10
11
A.
Q.
YES.
LET'S TAKE OFF THE LAST -- S0066. LET'S
12 THAT BY MICHALE LISDH, EXCEPT fOR HIS fRANTIC MESSAGE 12 SEPARATE THAT FROM THIS OTHER PACKAGE. I WANT TO UiLK
13 THAT HE LEFT ME THAT EVENING. 13 TO YOU ABOUT THE ESCROW INSTRUCTIONS, WHICH --
14 Q. YOU KNEW TH.lI"T IT WAS DUE UPON ACCEPTANCEi 14 HR. STEIN: SO YOU'RE MAKING INQUIRY ABOUT 44
15 CORRECT? 15 THROUGH 65; IS THAT CORRECT?
16 A. NO, NOT NECESSARI LY . 16 MR. CUMl'1INGS; WE'LL GO <14 THP.OUGH 4B. LET'S LOOK
17 Q. LooK AT 5002 E. 17 AT THOSE fIRST.
18
19
A.
Q.
YES.
IT SAYS, II INITIAL DE:PO$I T TO BE $15,OOU WITH
18
19
MR. STEIN: OKAY.
BY HR. CUMMINGS:
20 INCREASED DEPOSIT OF ADDITIONAL 1 S, 000 WITHIN 14 DAYS 20 Q. THOSE ARE: DATED SEPTEMBER 22, 2004; CORRECT?
21
22
23
24
FROH ACCEPTANCE."
A. YES.
O. IS THAT CORRECT?
A. YES.
21
22
23
A. YES.
O. yOU GOT BACK INTO TOWN THE NIGHT OF THE 2JRO OF
SEPTEMBER; CORRECT?
A. YES.
25 Q. ISN'T IT CORRECT THAT THE INITIAL DEPOSIT IS
NlVIE SAMAAN 1I10l0G
SOUSACOURTREf'ORrnRS , .....571-0111
25 Q. SO ON THE 24TH, DID YOU GO TO ESCROW?
NTvtE SAMAAN 7/IOJOO
110.312-1111 SOUSACOURTREPORl'ERS 114·S71-0111
A.
Q.
NO, I DID NOT GO TO ESCROW.
oro YOU CONTACT ESCROW TO SEE IF THE ESCROW
Pug.:fi.l
A. YES. THAT WAS NOT GIVEN TO MARA ESCROW.
WAS GIVEN DIRECTLY TO MICHAEL LISQW.
THAT
P1Igc<>4 I
I
I
i
) INSTRUCTIONS H.lI..D BEEN Q. ON WHAT DATE?
A. I DON'T KNOW If I DID IT THAT DAY OR IN THE A. OCTOBER <1.
5 NEXT COUPLE OF DAYS AFTER THAT. Q. AND DID YOU ALSO GET THE PRELIMINARY TITLE
Q. DID YOU LEARN THAT ESCROW INSTRUCTIONS HAD BEEN 6 REPORT -- THAT'S S0050 TO S0065 -- ON OCTOBER 4, 2004?
PREPARED AND WERE READY FOR YOU TO SIGN? A. IT'S OCTOBER 6, 2004.
A. I DON I T RECALL_ Q. OCTOBER --
O. WHEN DID YOU RECEIVE 50044 THROUGH 500487 A. I DON'T KNOW. I WAS NOT DEALING WITH THAT. MY
10 A. WELL, WE DEFINITELY DIDN'T RECEIVE THEM ON )a HUSBAND WAS -- AND VICTOR PARKS.
\I SEPTEMBER 22. [BELIEVE IT WAS AROUND OCTOBER 4, WHICH 11 Q. 0[0 YOU EVER REVIEW THE PRELIMINARY TITLE
12 STATES ON THE FAX DATE AT THE TOP OF THE SHEET IS WHEN
13 THIS WAS RECEIVED.
12
13
REPORT?
A. NO, I DID NOT.
14 O. WHEN DID YOU SIGN AND RETURN THEM? 14 Q. LOOKING AT 50030, DO YOU SEE THAT?
15 A. I DON'T KNOW. I DON'T RECALL. 15 A. I THINK THERE NEEDS TO BE A CORRECTION MADE.
16
17
Q.
A.
DID YOU DO IT RIGHT AWAY?
OH, I PROBABLY DID IT ON THE SAME DAY.
16
17
VOU WERE STATING THAT WE RECEIVED THE ESCROW
INSTRUCTIONS ON OCTOBER 4. IT'S OCTOBER 6.
18 Q. SO IT'S YOUR BEST ESTIMATE THAT YOO SIGNED AND 18 Q. I THINK YOU SAID
19 RETURNED THE ESCROW INSTRUCTIONS TO MARA ESCROW ON
20 OCTOBER 6, 200n
19
20
A. OKAY.
YES, I' H LOOKING AT IT.
21 A. YES. 21 Q. NOW--
22
23
24
O. .AND ON OCTOBER 4, 2004, DID YOU ALSO DELIVER
S15,000 THROUGH A CASHIER' 5 CHECK TO KARA ESCROW?
A. WHAT ARE YOU REFERRING -- OCTOBER 47
-1. 5- 22
23
24
HR. STEIN: 500301
BY MR. CUMMINGs:
O. WAIT. CAN YOU LOOK AT $0074 AND 50075.
25 Q. YES, S004 9.
NIVIESAMAAN 7/101tl6
25 A. YES.
NIvtE SAMAAN 711011)6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 38 of 50
--- . __.._------',----- -------
---------------_.-
JIG-J12-1111 sOUSAcmJRTREPORTERS
Page
O. NOW, Vll> YOU RECEIVE 50,)74 ANLJ S0015 ON
2 OCTOBER 1e, 2004?
)1()..)1l.1111 SOUSA COURT REPORTERS
LI::'.NUER'S N01'IFICATION THAT THE VALUE OF THE HOME IS
JUSTIFIED."
A. YES.
A. YES.
Q. AND DID YOU UNDERSTAND THAT DR. ZERNIK W.l\.S
5 GIVING VOU A NOTICE TO PERfORM AS FAR AS REMOVAL OF THE
6 LOAN ANlJ APPRAISAL CONTINGENCIES W[THIN 24 HOURS OR HE
7 MAY ELECT TO CANCEL THE AGREEMENT?
o. AND I S IT CORRECT THAT YOU KNEW AT THAT TIME
5 THAT BY FAILING TO REMOVE THE APPRAISAL CONTINGENCY,
6 THAT 'fHE SELLER MAY ELECT TO CANCEL THE AGREEMENT"?
A. YES.
A. YES.
O. THEN I WANT TO GO TO THE NEXT PARAGRAPH,
O. AND YOU UNDERSTOOD THAT ON OCTOBER lB. 2004;
9 PARAGRAPH 4.
10 CORRECT?
10
IS IT YOUR TESTIMONY THAT GAIL HERSHOWITZ TOLD
11
12
13
14
A. YES.
O. LOOK .I\T eXHIBIT s0071 THROUGH S0080.
DID YOU SEND THOSE FOUR PAGES, 71 THROUGH 80,
TO MR. LIBOW BY FAX ON OCTOBER 2a, 20041
11
12
13
14
YOU THAT SHE HAD NOT PREPARED ESCP.OW INSTRUCTIONS ON
SEPTEMBER 24, SEPTEMBER 29, OCTOBER 6, 2004?
A. YES.
O. YOU'RE SURE OF THAT?
IS A. YES.
15 A. EITHER SHE HADN'T PREPARED THEM OR SHE WOULDN'T
16
Q. .WO ARE PAGES 78 79 A copy Of A LETTER THAT
16 GIVE TO IT US. THOSE ARE THE ONLY TWO THrNGS THAT --
11 'faU fAXED TO MR. LIBOW ON OCTOBER 20?
17
O. WELL, IN YOUR LETTER. YOU'RE SAYING SUE TOLD
IB A. YES.
IB YOU THAT SHE WAS WAITING TO HEAR FROM YOU. "YOU"
19
O. NOW, LET'S GO THROUGH THIS LETTER. YOUR LETTER
19 MEANING HR. LIBOH --
20 ACKNOWLEDGES THAT 'fOU GOT THE -- THE fIRST PARAGRAPH ON
21 OCTOBER 18, 2004, YOU RECEIVED THE NOTICE TO BUYER TO
22 PERFORM; CORRECT?
20
21
22
A_ EXACTLY.
O. -- BEFORE SHE COULD PREPARE IT.
A. EXACTLY.
23
24
25
A. YES.
O. THE THIRD SAYS, "YOU WILL NOT REMOVE
THE APPRAISAL CONTINGENCY UNTIL I HAVE RECEIVED THE
N1V1ESAMAAN 7/10106
31Q.372-1111 SOUSACOURTREPOR1c:RS 714-571-0111
A. YES_
O. DID SHE TELL YOU THAT ON SEPTEMBER 24"?
A. SHE TOLD HE THAT ON ALL THREE DAYS THERE.
Pugc67
23
24
25
O. NOW, DID GAl L HERSHOWI TZ TELL YOU THAT SHE
WAITING FOR MICHAEL LIBQW BEFORE SHE coULD PREPARE THE
ESCROW INSTRUCTIONS?
NIVIE SAMAAN 7/10100
JIG-Jn.1111 SOUSACOURTREPORTI:RS 714·571.0111
A. YES.
Q. s0085 AND 50086, IS THAT SOMETHING YOU RECEIVED
FROM HR. LIBOW?
4 Q. SEPTEMBER 24, SEPTEMBER 29, AND OCTOBER 6;
5 CORRECT?
A. YES.
o. AND IS IT CORRECT THAT ON OCTOBER 20, 2004, YOU
6 FAXED TO MR. LISOW THE CONTINGENCY REMOVAL NO.2 FOR THE
A. YES.
Q. THEN THERE'S SOMETHING HANDWRITTEN THERE ON THE
6 SECOND PAGE, S008 6.
IS THAT YOUR HANDWRITING --
A. NO.
9 LOAN AND TITLE, BUT YOU DID NOT REMOVE THE APPRAISAL
O.
__ "MICHAEL, PLEASE SEND COPIES TO BETH STYNE
10 CONTINGENCY ON TRAT DATE?
10 IN ESCROW"?
II
12
13
A. YES.
Q. NOW, LOOK AT S0042 AND 50043.
ARE THOSE DOCUMENTS WHERE YOU NOTIFIED
II
12
13
A. NO. THAT IS NOT MY SIGNATURE. THAT IS NOT MY
HANDWRITING.
O. NOW, IS IT CORRECT THAT YOU RECEIVED S0086, A
14 HR. LIBOW OF THE CONTINGENCY REMOVAL FOR REPORTS AND
15 DISCLOSURES IN YOUR INVESTIGATION OF THE PRopERTY?
14
IS
LETTER FROM OR. ZERNIK ADDRESSED TO YOU -- TO MICttAEL
LISOW -- TO YOU AND MICHAEL LIBOW, STATING THAT HE WAS
16
17
18
A. YES.
O. CAN YOU LOOK AT 50083.
IS TH.:I\.T A VOICE OR E-MAIL, OR WHAT IS
16
17
IB
CANCELING THE ESCROW?
HR. STEIN: MISSTATES WHAT THE DOCUMENT STATES. IT
SPEAKS FOR ITSELF.
19 THAT? FAX? CAN YOU TELL ME WHAT THAT IS? IS THAT A
19 BY MR. CUMMINGS:
20 COpy OF AN E-MAIL?
20 O.
DID YOU RECEIVE S0086 ON OCTOBER 21, 20041
Q. AND DID YOU SEND S0084 TO HR. LIBOW THE EVENING
21
22
A.
O.
I THINK THAT WAS AN E-MAIL. VES, E-MAIL.
E-HAIL THAT YOU SENT TO HICHJ\£L LIBOW?
21
-1 &6- 22
A. YES.
23
24
A. YES.
o. DID YOU EVER SEE THE [-HAIL THAT'S MARKED
23 OF OCTOBER 21, 2004, AFTER VOU RECEIVED S0066 FRCH
24 HR. ZERNIK?
25 S0084?
NlVlESAMAAN 7/1Q/OG
25
HR. STEIN: PLEASE RESTATE THAT BECAUSE I'M CONFUSED
NTVlE MMAAN 7/1(W6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 39 of 50
JIG,.]72-1111 SOUSACQURTREPORT'ERS 71 .... nJ-0111

-------------... _--
SOUSACOURTR.FJ'ORTERS n"·57I..Q1I1
p3#;e70
AS TO THE NUMBERS OR HAVE THE COURT REPORTER --
YES.
AND THEN YOUR E-MAIL TO MR. LIBOW IS
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BY HR. CUMMINGS:
Q. 50086 WAS FAXED TO YOU AT 4: 36 P.M. ON
OCTOBER 21, 2004; CORRECT?
A. I DON'T SEE THE TIME. I'M NOT SURE.
Q. CAN YOU TURN TO THE fRONT PAGE, S0085, THE
COVER SHEET.
A. OKAY.
O. OKAY.
7: 09 P.M:.
A. THAT'S FROM MICHAEL LIBOW.
O. OKAY. FROM MICHAEL LIBOW TO YOU. OKAY.
GOING BACK THEN TO 50083.
A. YES.
O. TAAT E-MAIL IS DATED OCTOBER 21, 2004; CORRECT?
A. YES.
Q. AND N.'S IT SENT BY YOU TO MR. LIBOH AT OR ABOUT
5:09 P.M.?
A. YES.
Q. ON THAT DATE?
A. YES.
Q. NOW, WAS THAT SENT BEFORE OR AFTER YOU RECEIVED
SOOB5?
A. I DON'T HAVE AN S008S.
HR. STEIN: YES, YOU DO.
NfVlESAMAAN 7/10106
SOUSA COURT REPORTERS 11-4·)71-0111
PIlgc11
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
THE WI TNESS: OKAY. WHAT WAS THE QUESTION?
BY MR. cl.JM}o4INGS:
Q. WHICH ONE WAS SENT fIRST? DID YOU RECEIVE
500B5 BEFORE YOU SENT SOOB3?
MR. STEIN: IF SHE HAS KNOWLEDGE.
THE WITNESS: I DON'T BELIEVE I'D SEEN THE UOCUMENT
50086 BEFORE I SENT MY DOCUMENT, EVEN THOUGH THE TIMES
STATE THAT I sENT MINE -- THAT MICHAEL -- TKAT
MR. ZERNIK SENT HIS BEFORE MINE, I DON'T KNOW IF I SAW
HIS BEFORE I SENT MINE.
BY MR. CUMMINGS:
Q. OKAY. SO YOU SENT 30083.
THEN yOU SEE S0085 .4.ND 50086; CORRECT?
A. YES.
O. AND THEN DID YOU RECEIVE S0084 FROM HR. LIBOW?
A. YES.
Q. DO YOU SEE THE LAST PARAGRAPH IN MR. LrBOW'S
[-MAIL TO YOU? THAT'S 50084, WHERE IT SAYS, "r WILL
MAJ<E EVERY ATTEMPT TO CALM MR. ZEPJHK, AND, HOPEFULLY,
WE'LL BE ABLE TO TELL HIM TQNORROW THAT YOU ARE READY TO
RELEASE ALL CONTINGENCIES. I DO NOT KNOW IF THIS WILL
BE EFFECTIVE, BUT IT'S THE BEST THAT I CAN 00. SHOULD
HE ELECT NOT TO CANCEL THE CONTRACT, I BELIEVE THAT HE
WILL NEED ADDITIONAL TIME IN THE PROPERTY, INCLUSIVE OF
THE NEED FOR FUMIGATION." DO YOU SEE THAT?
NIVIE SAMAAN 1/10iU6
)10-372-1111 SOUSACOllRTR.EJ'ORTERS 71-4·511-0111
Pllgc72
A. YES.
Q. DID YOU UNDERSTAND AT THAT TIME THAT DR. ZERNIK
MAY PROCEED WITH HIS ELECTION TO CANCEL THE CONTRACT?
HR. STEIN: I'M GOING TO OBJECT AS IT C.boLLS FOR A
LEGAL CONCLUSION.
MR. CUMMINGS: I'M ASKING FOR HER STATE OF MIND.
HR. STEIN: OKAY.
MR. CUMMINGS: HER UNDERSTANDING.
THE WITNESS: COULD YOU REPEAT THE QUESTION.
10 BY MR. CUMMINGS:
11 Q. YES. DID YOU UNDERSTAND WHEN VOU RECEIVED
12 HR. LIBOW'S E-MAIL TO YOU, THAT'S MARKED 500884, THAT
13 DR. ZERNIK MAY CONTINUE TO ELECT TO C.ltNCEL THE CONTRACT?
14 A. YES.
15 O. LOOKING AT EXHIBIT OR AT DOCUMENT NO. 500 --
16 S0102, S0103 --
17 A. YES.
18 Q. -- TlLboT'S WHEN YOU FINALLY W.l\IVED THE LOAN
19 CoNTINGENCY; IS TKAT CORRECT?
20 A. ALL THE CONTINGENCIES WERE REMOVED.
21 a. AND THAT'S ON OCTOBER 25, 2004?
22 A. YES.
23 O. THAT'S WHEN YOU W.UVED THE APPRAISAL
24 CONTINGENCY FOR THE FIRST TIME; CORRECT?
25 A. YES.
N1VIESAMAAN 711Ml6
10
11
12
13
14
15
16
17
IB
19
20
21
-1 7- 22
23
24
25
O. AND YOU FAXED THAT TO MR. LIBOWi IS THAT
CORRECT?
A. YES.
HR. STEIN: HR. CUMMINGS, I THINK THAT THIS WOULD BE
A GOOD TIME FOR HE, IF YOU DON'T HIND.
HR. CI.JI'+lINGS: FINE. WE'LL BREAK AT THIS TIME.
OFF THE RECORD.
(WHEREUPON AT TilE 1l0UR of 12:32 P.M.
THE DEPOSITION WAS ADJOURNED FOR A LUNCH
BREAK, TO RESUME AT 1: 30 P.M.)
tIlVIESAMAAN 7/10Kl6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 40 of 50
----_._-
3!0-372-1111 SQl!SACOURTRF.PORTERS 7,.-.-nl-0111
AFTERNOON SESSION
(WHEREUPON AT THE HOUR OF' 1:]2 P.M.
OF THE SANE DAY, AT THE SAME PLACE, THE
SAME PARTIES BEING flRESENT, THE TAKING OF
THE WITHrN DEPOSITION WAs RESUMED, AND
THE FOLLOWING PRQCEElJINGS OCCURRElJ:)
NIVIE SAr.fAA.N.
THE WITNESS HEREIN, HAVING BEEN PREVIOUSLY
31()']12-1111 SQUSACOURTREPORTERS 714·57\.()111
Pace?'!
EVEN THOUGH IT WAS HIS LEGAL RIGHT TO CANCEL, I
DID NOT BELIEVE THAT -- THAT HE WOULD CANCEL OR HE
SHOULD CANCEL BECAUSE or THE FACT THAT HIM AND HIS
REPRESENTATIVES DELAYED US IN RECEIVING ALL THE
INFORMATION THAT WE NEEDED TO MEET OUR OBLIGATIONS. so,
6 IN MY OPINION, I U[U NOT FEEL 'fHAT HE SHOULU HAVE
7 CANCELED OR BECAUSE THAT THEY DID NOT MEET THEIR
B OBLIGATIONS IN GETTING US ANYTHING IN A TU.n:LY FASHION
9 SO WE WERE PRECLUDED FROM MEETING OUR OBLIGATIONS.
10
11
DULY ADMINISTERED THE OATH, WAS
.1V'f[J TE5T I n E[J fURTHER A5 fOLLOWS;
10
11
o. WHAT IS IT THAT YOU CLAIM THAT MR. ZERNIK
PREVENTED YOU FROM -- [lIU NOT PROVIDE TO YOU WITHIN A
12
12 TIMELY FASHION?
13
14
EXAN:[NATION (RESUMED)
BY MR. CUMMINGS:
13
14
A. WELL, THEY ARE THE ONES THAT PICKED THE ESCROW
COM:PANY, WHICH IS MARA ESCROW; SO THEY WERE RESPONSIBLE
15
16
O. LOOK AT 0030.
WERE YOU AW.r..RE OF THESE TWO E-MAILS IN THE TIME
15
16
IN NOT GETTING US THE PRELIMINARY TITLE, AND THERE HAS
Sot-tETHING ELSE. I DON'T KNOW EXACTLY. I THINK THE
17
18
FRAME OF' OCTOBER 18 --
A. THE 19TH?
17
16
LOAN -- THE ESCROW INSTRUCTJ ONS AND THE PRELIMINARY
TITLE, UNTIL -- J THINK IT WAS NOTED OCToBER 6. WE HAD
19 O. -- AND THE 19, 20047
19 ACCEPTED THE OFFER AS Of THE 16TH, AND THOSE THINGS WERE
20
21
22
23
24
A.
O·
2004?
A.
YES.
DOCUMENT ,50031.
WERE YOU AWARE Of THAT E-MAIL ON OCTOBER 19,
I WAS AWARE THAT THE: SELLER M.IGHT CANCEL, BUT I
20
21
22
23
24
NOT FORWARDED TO THE LOAN OFf! CERS UNTI L OCTOBER 6. SO
WAS QUITE DELAYED. AND ALSO OUR ESCROW INSTRUCTIONS
WERE DELAYED BEING SENT TO Os.
AND I WANTED TO POINT OUT IN THE ESCROW
INSTRUCTIONS -- WHERE ARE THE ESCROW INSTRUCTIONS?
25 WANT TO ELABORATE ON
25 HR. STEIN: IT WOULD BE 44.
NlvtE SAMAAN 7/10!tl6
310-372-1111 SOUSA COURT REPORTERS 714-571-0111
THE WITNESS: 44?
HR. STEIN: YES.
3 THE WItNESS; OKAY. IN NO. 44, WHERE IT STATES THAT
.4 ON OCTOBER a, WE WOULD BE GIVING A S15,000 DEPOSIT, THAT
IS EVIDENCE TO ME THEY DID AGREE TO THE ONE-WEEK
6 EXTENSION BECAUSE IF THEY HADN'T, IT WOULD HAVE BEEN
OCTOBER 1. so THAT IS EVIDENCE THAT THEY AGREED TO
a EXTEND THE ACCEPTANCE.
50 MY THINKING WAS THAT THERE WAS NO RUSH
NlVlE SAMAAN 1fI0!OO
31G-37l-111! SOUSA COURT REPORTERS 71<1·571-0111
P.gc:7(,
GONE OVER. I DON'T REMEMBER WHERE IT IS. THAT TIME
THAT I WROTE TO HICHAEL LIBOW AND TOLD HIM ON THREE
3 SEPARATE OCCASIONS I SPOKE TO GAIL HERSHOWITZ, AND SHE
4 KEPT SAYING, "I HAVE TO WAIT FOR MICHAEL LIBOH TO GIVE
5 ME THE AUTHORITY TO DO ANYT" ING. "
HR. STEIN: IT'S HERE.
'rHE WITNESS: 18. IT' S IN PARAGRAPH 4.
B BY MR. CUMMINGS:
O. WHEN WAS THE FIRST DATE THAT YOUR LOAN BROKER
10 BEC.I\USE THEY WERE NOT RUSHING IN GETTING US WHAT WE
10 REQUESTED THAT ESCROW INSTRUCTIONS BE PROVIDED?
11
12
13
14
NEEDED.
WE ALso DID NOT RECEIVE ANY OF THE TRANSFER
DISCLOSURE AGREEMENTS. THosE WERE ALSO LATE. WE DID
NOT SIGN THOSE DR EVEN RECEIVE THEM UNTIL OCTOBER 4, AND
11
12
13
14
MR. STEIN: IF SHE HAS t<NOWLEDGE.
NOT TO GUESS.
THE WITNESS: I DON'T -- I'M SURE IT'S IN ONE OF
THESE DOCUMENTS. I DON'T KNOW EXACTLY WHAT DATE IT Is,
IS THAT WAS WAY PAST THE SEVEN DAYS AFTER ACCEPTANCE; SO
16 THEY WERE NOT IN A TIMELY FASHION AS FAR AS GETTING
15
16
BUT I'M SURE THAT THEY'RE IN THESE DOCUMENTS. IT'S IN
ONE or THE E-HAILS THAT HE HAD SENT TO MICHAEL LIBOH.
17 EVERYTHING THAT WE NEEDED, BUT THEY EXPECTED US TO BE IN
17 BY MR. CUMMINGS:
16 A TIMELY FASHION. THEY MADE IT DIFFICULT FOR US TO GET
18 o. HOW DID GETTING THE PRELIMINARY TITLE REPORT --
19 ANYTHING WE NEEDED TO GET IN ON TIME.
] 9 NOT GETTING THAT UNTIL OCTOBER 6 PREVENT YOU FRrn
20 O. oro YOU PERSONALLY EVER ASK THE ESCROW COMPANY
20 WAIVING THE APPRAISAL CONTINGENCY ON OCTOBER 20?
21 TO GIVE VOU A COPY OF THE ESCROW INSTRUCTIONS?
21 A. MY KNOWLEDGE, WHAT HAS BEEN EXPLAINED TO
22 A. ABSOLUTELY.
-1. 8- 22 ME, AND I MIGHT NOT BE SAYING THIS CORRECTLY, BUT THE
23 Q. WHAT DAY?
23 LENDER NEEDS TO HAVE THE PRELIMINARY T1TLE REPORT IN
24 A. ON THE THREE DAYS. ON THOSE THREE OCCASIONS
24 ORDER TO SUBMIT THE LOAN. IT, THEY CANNOT
25 THAT WAS STATED IN ONE OF THE LETTERS WHICH WE'D
NlVlE SAMAAN 7110106
25 PROCEED WITH THE LOAN.
H1V1E SAMAAN 1I10A:l6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 41 of 50
.. __.- ----- ----------------------------------
0_
310-371-1111 SOUSACOUHTRF.F'ORTERS
IS IT YOUR TESTIMONY THAT THE DELAY IN GETTING
]10-372-1111 SOUSACOURTREPOR1'E.RS
Pile ,.
PARTY; SO I GUESS THEy WOULO BE WORKING FOR BOTH OF US,
2 THE PRELIMINARY TITLE REPORT BEFORE OCTOBER 6 PRf.VElITED
3 THE APPRAISAL FROM BEING COMPLETED?
BUT THEY WERE SELECTED BY THEM.
Q. WELL, ISN'T IT CORRECT THAT FROM YOUR EDUCATION
A. IT PREVENTED -- IN REAL ESTATE AS A SALES AGENT I THAT YOU' RE AWARE THAT
MR. STEIN: HOLD ON. I'M GOING TO OBJECT TO THE
6 QUESTION AS IT CALLS fOR A LEGAL CONCLUSION, ANlJ IT ASKS
FOR HER OPINIONS IN THE AREAS THAT SHE'S NOT QUALIFIED
8 TO TESTIFY, AND IT ASKS FOR EXPERT OPINION.
9 BY HR. CUMMINGS:
5 AN ESCROW CCMPANY IS THE AGENT FOR BOTH THE BUYER AND
6 THE SELLER?
A. YES, I AM. AWARE, BUT LET ME RESTATE THAT I HAD
B NOT HAD ANY REAL ESTATE EXPERIENCE BEFORE THIS
9 TRANSACTION.
10
II
O.
A.
DO YOU KNOW WHEN THE APPRAISAL WAS ORDERED?
I DO NOT.
10
11
Q. BUT YOU'RE AWARE FROM YOUR EDUCATION TO GET A
LICENSE TO SELL REAL ESTATE IN THE STATE OF CALI FORNIA
12
13
O.
A.
00 yOU KNOW WHO ORDERED IT?
I DO NOT. IT WAS EITHER VICTOR PARKS -- IT WAS
12 THAT AN ESCROW COMPANY ACTS AS THE AGENT FOR THE BUYER
] 3 AND THE SELLER; CORRECT?
14 PROBABLY VICTOR PARKS OR MY HUSBAND. I DON'T KNOW. A. YES.
15 O. DID YOU EVER MEET WITH THE APPRAISER? 15 0- DID ANYBODY AT MARA ESCROW CC:«PANY EVER TELL
16 A. I DID NOT PERSONALLY, NO. 16 YOU THAT THEY WERE NOT YOUR AGENT?
17 O. DID YOU EVER TALK TO HIli? 17 A. NO, BUT THEY STATED, QUITE FRANKLY, THAT THEY
18 A. NO. 18 WORK FOR MICHAEL LIBOW.
19 O. NOW, IS IT YOUR UNDEnSTANDING THAT MR. ZERNIK 19 O. WHO TOLD YOU THAT THEY WORK FOR MICHAEL LI80W?
20 WAS SUPPOSED TO ORDER THE APPRAI SAL? 20 A. WELL, EVERYTHING THAT I EVER CALLED TO ASK FOR
21 A. NO. 21 WAS NOT GIVEN TO ME UNLESS THERE WAS AN AGREEKENT
22 0- IS IT YOUR UNDERSTANDING THAT MARA ESCROW 22 BETWEEN HER AND MICHAEL LIBOW. SHE WAS ALWAYS WAITING
23 COMPANY WAS THE AGENT FOR YOU AND MR. ZERNIK? 23 fOR MICHAEL LIBOW'S ANSWER, FOR A BETTER TERN. I WAS
24 A. I KNOW THAT THEY WERE SELECTED BY -HR. ZERNIK; 24 NEVER GIVEN WHAT I REQUESTED ON THE TIMES THAT I
25
2
SO I DON' T KNOW. I MEAN I GUESS THEY'RE A NEUTRAL
NIVlESAMAAN 7f1Ml6
llQ.}12-11I1 SOUSA COURT REPORTERS 7I"S71-o11 1
o. I WANT YOU TO TE:LL ME EVERY SINGLE ITEM THAT
YOU REQUESTED THAT GAIL HERSHOWITZ SAID SHE WOULD NOT
25 REQUESTED IT, UNLESS MICHAEL LIBOH AGREED TO IT.
NWIE SAMAAN 71JM)6
110-l72-1111 SQUSACOURTREPORlERS 711-511-0111
THE APPRAISAL.
Q. ISN'T IT A FACT THAT THE APPRAISAL -- THE
3 PROVIDE TO YOU UNLESS MICHAEL LIBOW AGREED TO IT.
A. THE ESCROVI INSTRUCTIONS •
.5 O. ANYTHING ELSE?
6 A. I DON'T KNOW WHAT ELSE COMES FROM THE ESCROW
7 COMPANY; SO THAT'S ALL --
3 APPRAISING OF THE PROPERTY IS S(;METHING THAT IS DONE BY
THE PROSPECTIVE LENDER?
5 A. I BELIEVE SO.
6 Q. AND THE LENDER WAS SELECTED BY YOUR MORTGAGE
7 BROKER; CORRECT?
O. YOU NADE A STATEMENT THAT SHE TOLD YOU SHE A. YES.
9 WOULDN'T GIVE YOU THINGS. I WANT TO KNOW, OTHER THAN
10 THE ESCROW INSTRUCTIONS, WHAT IT IS THAT YOU CLAIM GAIL
Q. AND THE MORTGAGE BROKER WAS THE COMPANY THAT
10 YOUR HUSBAND WORKS FOR; CORRECT?
11 HERSHOWITZ TOLD YOU SHE: WOULD NOT GIVE YOU UNLESS 11 A. YES.
12 MICHAEL LIBOW APPROVED IT_ 12 AND ONE MORE THING TO ADD TO WHAT I HAD ASKED
13 A. THE PRELIMINARY TITLE, WHICH I REOUESTED IN 13 OF MARA ESCROli. I ALSO ASKED THEM NOT TO DEPOSIT THE
15 TOLD HER TO HOLD THE CHECK BECAUSE IT WOULD BE
14
15
THAT LETTER, AND THE ESCROW INSTRUCTIONS.
Q. .a.NYTHING ELSE?
14 CHECK, WHICH THEY DID ON HICKAEL LIBOW'S INQUIRY. I HAD
16 A. NOT TO MY KNOWLEDGE. I'VE REQUESTED THOSE 16 INSUFFICIENT FUNDS, AND sHE STILL WENT AHEAD AND CASHED
11 SEVERAL TIMES, BOTH ITEMS. 17 IT BECAUSE OF WHAT MICHAEL LIBOW TOLD HER TO DO.
18 O. DID YOU ASK ANY80DY AT MARA ESCROW TO DO 18 O. DID GAl L HEMUOWI T2 TELL YOU THAT SHE CASHED
19 ANYTHING REGARDING THE APPRAISAL OF THE PROPERTY FOR 19 THE CHECK BECAUSE OF WHAT MICHAEL LIBQW TOLD HER?
20 YOUR LOAN APPLICATION? 20_ A. ABSOLUTELY. SHE SAID," MICHAEL LIBOW" -- WHAT
21 A. I DON'T KNOW. I DIDN'T DEAL WITH THE 21 IS THE WORD?
22 APPRAI SAL.
-1 9- 22
HR. STEIN: DIRECTED.
23 O. DID YOU ASK MICHAEL LIBOH TO 00 ANYTHING 23 THE WITNESS; -- "DIRECT ME TO CASH THE CHECK, AND
24 REGARDING THE fOR YOUR LOAN APPLICATION? 24 THAT'S WHAT I DID."
25 A. I DID NOT PERSONALLY ASK HIM ANYTHING REGARDING
NlVIESAMAAN 7/10106
25 / /
N1V1E SAMAAN 7JIOJ06
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 42 of 50
""311-1111 SOUSACOURTRfPORTERS .. SOUSA COURT RfPOR'US "'-511-<1111
BY MR. CUMMINGS: r-l----Q-.--WE-.-E-Y-O-U-A-W-Afl.-E-O-F-'-.I!A-'.-E-_-MA-l-L-o-"-o-.-.-""-O-U-T- P3ccll
O. DOCUMENT NO. 50032 AND 50033. 2 OCTOBER 22, 2004?
3 WERE YOU AWARE OF THE THREE E-MAILS THAT ARE
4 LISTED ON THOSE -- SET FORTH ON THOSE TWO PAGES, }\ND
5 THEY'RE ALL DATED FRIDAY, OCTOBER 22, 2004?
A. YES.
Q. WERE YOU AWARE OF THE E-MAIL DOCUMENT S0035?
A. YES.
A. I WAS AWARE of THEM. Q. WERE: YOU AWARE OF THAT [-MAIL 01'1 OCTOBER 25,
O. WERE VOU OF THEM ON DR ABOUT THE TIME
8 THEY WERE RECEIVED?
7 200<1?
A. YES, ON DR ABOUT THAT TIME.
A. I DON'T RECALL IF I WAS AWARE OF THEM AT THE O. DID YOU GET ALL OF THE E-HAILS THAT .llRE SET
10 TIME THEY WERE RECEIVED. 10 FORTH ON PAGES 0027 THROUGH 0038 FROM YOUR HUSBAND?
11 Q. WERE YOU AW.a.RE Of THEM BY FRIIJJ\Y, OCTOBER 22, 11 A. I'VE SEEN THE E-MAI LS. I LOOKED AT THEM, YES.
12 2004? 12 O. THROUGH YOUR ttuSBAND,,?
13 A. I DON'T KNOW IF I WAS AWARE OF THEM THAT DAY OR 13 A. THROUGH MY HUSBAND, YES.
14 IF IT WAS ANOTHER DAY. 14 Q. LOOKING A.T DOCUMENT NO. 0081, DID YOU INSTRUCT
15 Q. DID YOUR HUSBAND TELL VOU MR. LIBOW HAD 15 VICTOR PARKS TO KEEP ALL CORRESPONDENCE WITH HR. LIBOW
16 CONTACTED VICTOR PARKS AND TOLD litH THl'.T THE SELLER HAS 16 IN WRITING?
17 REQUESTED A CANCELLATION OF THE ESCROW? 17 A. MY HUSBAND AND I BOTH 01 D.
18 A. I WAS AWARE OF HIM WANTING TO CANCEL THE 18 Q. DID YOU PERSONALLY ASK MR. PARKS TO DO THAT?
19 ESCROW. 19 A. I MAY HAVE. I DON'T REMEMBER.
20 Q. YOU WERE AWARE OF THAT ON OCTOBER 22, 2004; 20 O. WERE YOU PRESENT WHEN YOUR HUSBAND DID?
21 CORRECT? 21 1\. I DON'T RECALL.
22 A. I DON 'T THE DATE. I MEAN WHENEVER IT 22 Q. LOOKING AT 0086 AND 0085, IS IT CORRECT ON
23 WAS DONE, I WAS PROBABLY AWARE or IT. 23 OCTOBER 21, 2004, YOU KNEW THAT MR. ZERNIK WAS
24 Q. DO YOU SEE THE E-KAIL THAT'S DOCUMENT S0034? 24 INSTRUCTING HIS REALTOR TO DRAW INSTRUCTIONS FOR
25 A.
A.
YES.
NIVlESAMAAN 1/10106
)10-372-1111 SOUSA COURT REPORTERS 714-)71-0111
Pugclt1
YES, I WAS MADE AWARE or THAT, BUT, AGAIN, AS I
25 CANCELLATION OF THE CONTRACT?
NTVlE SAMAAN 7/1a.oo
310-171-1111 SOUSACOURTkEPORTERS 71·4.571.0111·
MR. STEIN: NO. WE CAN rORWAP.O IT VIA [-HAIL TO
2 STATED BEFORE, I DID NOT BELIEVE THAT IT WAS HIS RIGHT
3 TO CANCEL BECAUSE THEY WERE -- THEY PRECLUDED US FROM
.4 PERFORMING IN A TIMELY MANNER.
Q. TO YOUR KNOWLEDGE, DID ANYBODY AT PACIFIC
6 MORTGAGE CONSULTANTS DO ANYTHING TO ATTEMPT TO OBTAIN A
7 LOAN APPROVAL FOR YOU BEFORE YOU AND YOUR HUSBAND
8 RETURNED FRCM HAWAII ON SEPTEMBER 23. 2004?
A. NO. I DON'T BELIEVE ANYTHING WAS STARTED
YOU.
MR. CUMMINGS: THE AUDIO?
MR. STEIN: YES.
MR. CUMMINGS: YOU CAN'T PUT IT ON A TAPE AND GET IT
6 TO ME OR CD OR ANYTHING?
MR. STEIN: THAT'S HOW.WE RECEIVED IT WAS -- YOU
PLAY IT RIGHT BACK FROM THE E-MAIL. I CAN DO IT ANY WAY
9 YOU WANT IT.
10 BEFORE WE RETURNED FROM HAWAII. NOTHING BEGAN. 10 MR. ClIHMINGS: I WOULD HAVE IT ON A CO.
11
12
Q.
A.
DOCUMENT SOlO!). WHO PREPARED THIS DOCUMENT?
IT SAYS LOUISE AT MARA ESCROW. THIS WAS A
11
12
MR. STEIN: IT WILL 8E DONE. WHEN I PRODUCE THE
OTHER DOCUMENTS TO YOU, WE'LL GIVE YOU A CD OF THIS
13 VOICE MESSAGE THAT LEFT. 13 TEXT.
14 Q. BUT WHO TYPED UP THIS DOCUMENT? 14 BY HR. CUMMINGS:
15 A. I BELIEVE MY HUSB.WD OR VICTOR DID. 15 Q. DID YOU EVER DEPOSIT THE ADDITIONAL S15,000?
16
17
MR. STEIN: FOR THE RECORD, MY OFFICE PREPARED THAT.
THE WITNESS: OR.
16
17
A. YOU MEAN THE SECOND DEPOSIT?
Q. YES.
16 HR. CUMMINGS: DO YOU HAVE THE ORIGINAL TAPE? 18 A. YES. IT WAS GIVEN BY CASHIER' SCHECK. I
19 HR. STEIN: WE HJWE THE TAPE TKAT WE RECEIVED THE 19 PERSONALLY WALKED IT IN TO MARA ESCROW MYSELF, BUT WHAT
20 COpy FROM, YES. 20 HAPPENED WAS -- WHICH IS PROVEN BY THE DATE THAT THEY
21
22
23
24
25
MR. CUMMINGS: THE TAPE?
HR. STEIN: YES. WE HAVE A COPY.
HR. CUMMINGS: AN AUDIOTAPE'?
HR. STEIN: YES.
HR. CUMMINGS: HAVE YOU PROVIDED THAT TO US?
NIVlESAMAAN 7/10106
21
-1 0- 22
23
24
25
POSTED THE CHECK -- I WALKED IT IN TO MARA ESCROW. I
KAD CALLED THEM THAT DAY AND TOLD THEH THAT I WAS GOING
TO BE BRINGING IN THE CHECK. I LEFT THE CHECK WITH THE
RECEPTIONIST BECAUSE GAIL HERSHOWITZ WAS NOT IN THE
OFFICE, AND I TOLD -- I HAD THE ENVELOPE ADDRESSED TO
NJVIE SAMAAN
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 43 of 50
A.
,-------------_.. -
JIo.l12-llll SOUSA COURT REPORTERS 71.J.j7l.o11l
PagcHS
1 GAIL HERSHOWITZ ANU SAIU THAT SHE SHOULO BE GIVEN THIS
2 CHECK. AND I CAN'T REMEMBER -- TWO TO THREE DAYS LATER
···"ll

) Q. DO YOU KNOW THE RECEPTIONIST'S NMfE? ,
NO.
I GET A FRANTIC CALL FR<:t4: MICHAEL LIBQW STATING THAT I
orD NOT KEEP MY WORD AND DID NOT TAKE IN A CHECK, AND I
Q.
A.
WHAT DID SHE LOOK LIKE?
I BELIEVE SHE HAll LONG BROWN STRAIGHT HAIR. I
5 STATED TO HIM, "OF COURSE, I DID." AND THEN I GOT A THINK SHE WAS OF HISPANIC DESCENT.
6 PHONE CALL FROM GAIL HERSHOWITZ STATING THE SAME THING,
., AND I SAID, '"I WALKED IN THE CHECK PERSONALLY ON THE DAY
I SAID I WAS GOING TO GIVE IT TO YOU. AND THEY SAID
9 THEY COULDN'T FIND THE CHECK. SO THEN I BEUEVE .fI,FTER
10 THEY SEARCHED FOR THIS CHECK, ANO I DON'T KNOW -- I
11 GUESS THEY BELIEVE THEY roUNO IT ON THE 12TH, WHICH IS
12 DATED WHEN THEY RECEIVED IT, IS WHEN SHE CALLED HE:, AND
13 SHE TOLD ME SHE HAD THE CHECK,
Q. WHAT 15 THE DATE OF' THE CHECK?
6
7
9
10
1l
12
13
14
Q •
A.
Q.
A.
Q.
A.
Q.
A.
Q.
I' H SORRY. WHAT?
OF IITSPANIC DESCENT, r BELIEVE.
DID YOU RECEIVE DOCUMENT S0104?
WHAT WAS YOUR QUESTION?
DID YOU RECEIVE THAT DOCUMENT, s0104?
YES.
DID YOU SIGN IT?
DID I SIGN IT?
YES.
16 DELIVERED WAS OCTOBER 8 TH.l\T I DROPPED IT OFF'. THE DAY
15 A. I BELIEVE IT'S OCTOBER 8. THE DATE IT WAS 15
16
A.
Q.
NO. MY SIGNATURE IS NOT ON THERE.
IS YOUR MONEY STILL IN ESCROW?
17
16
19
20
21
22
23
24
I GOT IT WAS OCTOBER 8. THE DAY I DELIVERED IT WAS
OCTOBER 8.
O. WHAT DOCUMENT NUMBER ARE YOU LOOKING AT?
MR. STEIN: THAT'S 50110.
BY HR. CUMMINGS:
O. WHEN YOU BROUGHT IT IN TO MARA ESCROW, WHOM DID
YOU GIVE IT TO?
A. THE RECEPTIONIST, BECAUSE GAIL HERSHOW!TZ WAS
17
18
19
20
21
22
23
24
A.
Q.
A.
Q.
A.
Q.
A.
Q.
YES.
$30,000?
YES.
DID YOU SIGN LOAN DOCUMENTS?
NO, WE DID NOT.
S0106. WHAT IS THAT DOCUMENT?
I DON'T KNOW. I'VE NEVER SEEN THAT BEFORE.
DO YOU KNOW WHO PREPARED IT7
25 NOT THERE.
NlVIE SAMAAN 7/10106
31()"312-1111 SOUSA coURT REPORTERS " ....S1I.()lll
2S A. NO, I DON'T.
NlVlE SAMAAN 1110J06
310-372·1111 SOUSA COURT REPORTERS 11.... S1'-0111
Q. HAVE YOU EVER DISCUSSED THE CONTENTS OF THIS Q. IF I ASK YOU A QUESTION. YOUR ATTORNEY CAN' ASK
WITH ANYBODY? YOU A QUESTION. I JUST HAKE THINGS FOR THE RECORD.
A.
Q.
A.
CONTEXT OF WHAT?
CONTENTS OF EXHIBIT 106 WITH ANYBODY.
I DON'T KNOW. I DON'T KNOW WHAT IT IS. IT
WAS IT YOUR UNDERSTANDING THAT THE AGREEMENT --
THAT YOUR COUNTER OFFER NO. 2 WAS ACCEPTED BY DR. ZERNIK
5 ON SEPTEMBER 15, 20041
LOOKS LIKE A TIMELINE OF SOMETHING. I DON'T KNOW WHAT
IT IS.
A. WHICH DOCUMENT IS THAT?
Q. 0026,
A. WHAT WAS YOUR QUESTION? e
9
10
11
12
13
Q.
A.
Q.
A.
Q.
LOOK AT DOCUMENT NO. SOI07.
DID YOU RECEIVE THIS DOCUMENT?
DID I RECEIVE IT?
YES.
YES.
WHEN?
10
11
12
13
Q. IS IT YOUR UNDERSTANDING THAT YOUR COUNTER
OFFER NO.2 WAS ACCEPTED BY DR. ZERNIK ON SEPTEMBER 15,
20041
A. YES.
Q. WHAT'S YOUR FAX NUMBER AT Ham?
KNOW IF THAT'S THE DAY I READ IT OR NOT. DIFFERENT FAX NUMBERS. I DON'T KNOW THE OTHER ONES.
14
IS
16
A.
Q.
WELL, IT SAYS "NOVEMBER 10, 2004." I DON'T
DO YOU KNOW WHO BETH IS7
14
15
16
A.
Q.
(310i 215-5352. I THINK THERE HAS A COUPLE OF
WHAT WAS THE FAX NUMBER AT WORK?
17 A. YES. SHE' S THE MANAGER AT COLDWELL BANKER, 17 A. AT MY OFFICE'?
18 WHICH, BY THE WAY, THAT WAS ANOTHER INDICATION TO ME 18 Q. WELL, DOES THAT --
19 THAT MICHAEL LIBOW WAS ACTING IN HIS CLIENT'S INTEREST 19 A. GILLERAN GRIFFIN, YOU MEAN? I NEED TO LOOK
20 BECAUSE HIS MANAGER WAS UNDER THE IMPRESSION THAT THE 20 THAT UP, AND I CAN TELL YOU. HOLD ON A SECOND. I KNOW
21 SEVEN-DAY EXTENSION WAS AGREED UPON AS WELL. 21 WHERE IT IS. I ACTUALLY DON'T -- I KNOW THE OFFICE
BY THE WAY, CAN I POINT OUT ANOTHER PARAGRAPH
IN HERE? ON THE FOURTH PARAGRAPH, IT STATES THAT --
22
23
24
2S
Q.
A.
I DON'T HAVE ANY QUESTION PENDING, MA'AM.
OKAY, BUT I WANT TO MAKE IT FOR THE RECORD.
NlVIE SAMAAN 1/10106
-1 1- 22
23
24
25
NUMBER. I DON'T USE TKAt' FAX NUMBER. I USE MY PERSONAL
fAX, BUT --
Q. WHAT IS THE FAX NUMBER'?
A. AT GILLERAN GRIFFIN?
NIVlE SAMAAN 7/I0iU6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 44 of 50 ,---------_._-------
JIG-Jl1-1111 SQUSACOURTRFJ>QRTERS
Pagel'll
---------------_._-
JI().)1l,.1111 SOUSACOURTRa'ORTERS

Q. YES. A. I'M SORRY"?
A.
o.
r DON'T KNOW IT. I DON'T KNOW IT BY HEART.
yOU DON'T HAVE: IT ON YOUR CARD?
Q. WERE YOU TO SHARE IN THE COMMISSION ON THE
PROPERTY?
A. NO. ON MY CARD, I HAVE MY PERSONAL FAX NUMBER.
O. WHICH IS WHAT?
A. YES.
Q. AND GILLERAN GRIFFIN WAS GOING TO GET HALF THE
A.
7 SECOND.
I THOUGHT 1 HAD IT. LET ME JUST LOOK FOR A 6 CCXiMISSrON; IS THAT CORRECT?
A. NO. THEY DON'T GET HALF. OA, YOU HEAN BETWEEN
MR. STEIN: IS THIS YOUR HOUSE NUMBER, YOUR HOUSE
9 FAX NUMBER?
THE AGENTS?
Q. GILLERAN GRIFFIN AND COLDWELL BANKER WAS GOING
10
11
12
THE WITNESS; I THINK, YES. YES.
I HAVE ANOTHER FAX NUMBER TH.l\.T USED TO BE AT MY
HOME BEFORE I MOVED IN WITH MY HUSBAND. I CAN GIVE YOU
10
II
12
TO GET HALF; CORRECT?
A. YES.
O. WHAT PERCENTAGE WERE YOU GOING TO GET OF THE
13 THAT ONE. (323) 843-9378 IS ONE, AND -- 13 PORTION THAT WENT TO GILLERAN GRIFFIN?
14 BY HR. Clfl'{MINGS: 1< A. I DON' T KNOW EXACTLY. I DON'T KNOW EXACTLY
15 o. WHAT ADDRESS DID YOU LIVE AT BEFORE YOU MOVED IS WHAT PERCENTAGE THEY GOT AND WHAT PERCENTAGE I GOT.
16 IN WITH YOUR HUSBAND? 16 Q. CAN YOU LOOK AT DOCUMENT NO. 50009.
17 A. 1227-1/2 SOUTH ALFRED STREET, LOS ANGELES, 17 A. YES.
18
19
90035.
o. DID YOU HAVE YOUR MAIL fORWARDED WHEN YOU
18
19
O. WAS THAT THE LAST PAGE OF THE OFFER YOU
SUBMITTED, THE ORIGINAL OFFER YOU SUBMITTED?
20 HOVED? 20 A. WELL, I ALSO SUBMITTED THE BUYER'S INSPECTION
21
22
I>.. YES.
(RECESS TAKEN.)
21
22
ADVISORY AND THE WOOD DESTROYING PEST INSPECTION; SO
THAT WAS NOT THE LAST PAGE.
23 BY MR. CUMMINGS: 23 Q. BUT I HEAN OF THE OFFER.
2'
25
o.
PROPERTY?
WERE YOU TO SHARE IN THE COMMISSION ON THE
NIVlE SAMAAN 7/lCJit)6
SOUSA COURT REPORTERS 714-571-mll
24
25
A. OF THE OFFER, YES.
o. WHAT ADDRESS DO YOU LIST THERE?
NTVlE SAMAAN 7/1().{l(j
SOUSA COURT REPORTERS 7I.ol-S71.{)!11
3 UNDER YOUR SIGNATURE?
A.
o.
1333 WESTWOOD BOULEVARD. OUR OFFICE HAS MOVED.
WHAT ADDRESS DO YOU LIST FOR YOURSELF RIGHT
WAS SUBSEQUENTLY MARKED BY THE REPORTER AS
DEFENDANT I S EXHIBIT 4 FOR IDENTIFICATION AND
IS HERETO' ATTACHED.)
A. MY LAST HexiE ADDRESS BEFORE I HOVED IN WITH MY
5 HUSBAND.
Q. WHAT ADDRESS IS THAT?
A. 1227-1/2 SOUTH ALFRED STREET.
O. AND YOU ALSO LISTED GILLERAN GRIFFIN'S ADDRESS;
9 CORRECT?
HR. CUMMINGS: I'LL MARK AS EXHIBIT 5 A LETTER Of
5 TRANSMITTAL, DATED SEPTEMBER 30, 2004, NIVIE SAMAAN, AT
1227-1/2 SOUTH ALFRED STREET.
(WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEQUENTLY MARJ<ED BY THE REPORTER AS
DEFENDANT'S EXHIBIT 5 FOR IDENTIFICATION AND
10 A. YES. 10 IS HERETO ATTACHED.)
1L
12
HR. CUMMINGS: WE'LL AS EXHIBIT 5 --
HR. STEIN: I THINK IT'S EXHIBIT 4.
11
12
BY MR. CUMMINGS:
Q. DID YOU EVER RECEIVE THAT DOCUMENT?
13 BY MR. CUMMINGS: 13 MR. STEIN: IF YOU RECALL.
14 o. EXHIBIT 4. DID YOU RECEIVE THAT DOCUMENT? 14 THE WITNESS: I DON'T RECALL THIS.
15 EXHIBIT 4 IS A TRANSM·ITTAL, DATED SEPTEMBER 30, 2004, IS HR. CUMMINGS: WE'LL MARK AS EXHIBIT 6 A COPY of THE
16 FRet{ MARA ESCROW Cct>lPANY TO GILLERAN GRIFFIN CCNPANY, 16 TRANSMITTAL FRC»04: MARA ESCROW CC»04:PANY TO NIVIE SAMAAN.
17 1333 WESTWOOD BOULEVARD, SUITE 1,>1; ATTENTION: NIVIE 17 DATED OCTOBER 6, 2004, ADDRESSED AT 1221-1/2 SOUTH
18 SAIl...AIl. IB ALFRED STREET.
19 A. I NEVER RECEIVED THIS. I DON'T RECALL SEEING 19 (WHEREUPON THE AFOREMENTIONED DOCUMENT
20 THIS BEFORE. 20 WAS SUBSEQUENTLY MARKED BY THE REPORTER AS
21 O. THAT WAS YOUR WORJ< ADDRESS FOR GI LLERAN 21 DEFENDANT'S EXHIBIT 6 FOR IDENTIFICATION AND
GRIFFIN; CORRECT? 22
23 A. YES, THE TIllE.
-112- 22
23
IS HERETO ATTACHED.)
BY MR. CUMMINGS:
O. DID YOU RECEIVE THAT TRANSMITTAL? 2.
25
O. HAY I HAVE IT BACK, PLEASE.
(WHEREUPON THE AFOREMENTIONED DOCUMENT
N1VlE SAMAAN 7/10106
24
25 .... YES .
NTVIESAMAAN 71J0..u6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 45 of 50 ~ - - - ~ ------------- --- --- ---------------,--
31G-l'l.1111 SOUSA COURT REPORTERS 11+.571-0111 310-372-1111 SOUSA COURT REPORTERS 11-1·;11--0111
CAN I SEE THAT ONE MORE TlH.£'!
MR. CUMMINGS: MARK AS EXHIBIT 8 A DOCUMENT ENTITLED
(WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEQUENTLY HARKED BY THE REPORTER .ll,.S
DEFENDANT'S EXHIBIT 1 FOR IDENTIFICATION AND
IS HERETO ATTACHED.
BY MR. CUMMINGS:
Q. DID YOU RECEIVE THP.T DOCUMENT? IT'S ADDRESSED
TO NIVIE SAMAAN IN C.ItRE OF GILLERAN GRIfFIN COMPANY.
1333 WESTWOOD BOULEVARD, SUITE 101.
A. YES, I HAD RECEIVED IT ..
O. ON WHAT DATE?
A. PROBABLY AROUND THE FEW DAYS -- WITHIN A FEW
DAYS OF THE DATE STATED. I DON'T RECALL EX.&.CTLY THE
DATE.
Q. DO YOU KNOW WHEN YOU RECElVELJ IT?
A. ON OR ABoUT THAT DATE, J BELIEVE.
Q. ON OR ABOUT OCTOBER 6. 2004?
A. I IMAGINE THAT'S WHEN --
MR. STEIN: IT WOULD HAVE TO BE SUBSEQUENT TO THAT
UATE.
THE WITNESS: I DON'T KNOW.
MR. CUMM"INGS: MARl< AS EXHIBIT 7 A DOCUMENT ENTITLED
"APPLICABLE TIME fRAMES," OATEO SEPTEM.BER 26, 2004,
ADORESSED TO HICHAEL LIBOW, WITH SOME HANDWRITING ON THE
DOCUMENT _ "RE: N!VIE. OATES CHANGED?" AND SOME OTHER
HANDWRITING.
A. NO.
O. DID YOU PROVIDE ANY OF THE INFORMATION THAT'S
IN HANDWRITING TO GAIL HERSHOWITZ OR ANYBODY ELSE AT
MARA ESCROW,?
A. I BELIEVE I HAD WHEN I HAD SPOKEN TO HER. WHEN
I GOT THE FIRST SET THAT YOU JUST SHOWED ME, I HAD
CALLED HER AND SAID THAT THE DATES WERE WRONG AND THAT
THEY WERE SUPPOSED TO BE OCTOBER 8 AND THE 24TH OR THE
23RD, AND SHE SAID THAT SHE cOULDN'T CHANGE ANYTJlING
UNTIL SHE SPOKE WITH MICHAEL; SO THEN THIS IS WHAT WAS
SENT.
Q. LET HE GO OVER THESE ITEMS. JUST A SECOND.
NOW, STARTING AT THE TOP WHERE IT HAS -- I'LL
GIVE YOU THE PRIOR ONE SO YOU CAN READ IT, THE ONE THAT
!WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEQUENTLY MARKEll BY THE REPORTER AS
DEfENDANT I S EXHIBIT 8 FOR IDENT r fICATION AND
IS HERETO ATTACHED.)
BY MR. CUMMINGS:
Q. I S MY OF THAT HANDWRITING ON THAT DOCUMENT
YOURS "!
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
IT'S DATED SEPTEMBER 23, "APPLICABLE TIME FRAMES.
2004 _ 10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
HIVIE SAMAAN 711Ml6 NlVIE SAMAAN 7flMJG
1----------------_._---------------------------------------------------1
llG-372·llll SOUSACOURTREPORnRB 7.4-j71.(]111 31G-112·1111 SOUSA COURTRFPORTERS 71<l-S71.(]11 t
Ptrgc9S Pqe96
WE MARKED AS EXHIBIT 7, SO YOU CAN COMPARE THEM.
THERE'S A SCRATCH OUT.
ORIGINALLY IT SAID, "INITIAL DEPOSIT TO BE
RECEIVED BY ESCROW HOLDER" AND ORIGINALLY WAS WRITTEN
DOWN SEPTEMBER 22, 2004; CORRECT?
A. YES.
O. AND THEN IT'S SCRATCHED OUT. AND CAN YOU READ
THE DATE THERE AFTER THAT'!
A. I BELIEVE IT SAYS THE 24TH.
10 O. OKAY. DID YOU TELL GAIL HERSHOWITZ THAT IT WAS
11 SUPPOSED TO BE SEPTEMBER 24?
12 A. I PROBABLY DID, YES.
13 Q. OKAY. THEN IT SAYS "ADDITIONAL DEPOS!T." IT
14 SAYS "OCTOBER." IT HAD BEEN THE 1ST, AND IT'S WRITTEN
15 OCTOBER 8.
16 010 YOU PROVIDE THE OCTOBER 8 DATE TO GAIL
11 HERSHOWITZ?
18 A. YES.
19 O. THEN THERE'S NO CHANGE IN DATE FOR THE SIGNED
20 ESCROW INSTRUCTIONS; IS TH.lI,T CORRECT? THIRD ITEM DOWN.
21 A. OKAY. WE WEREN°T EVEN HERE ON THAT DAY.
22 O. DID YOU GIVE GAIL HERSKOWITZ A DIFFERENT DATE
23 FOR THAT ITEM?
24 A. NO, I DID NOT. THE ONLY ITEMS I TOLD GAIL
25 HERSHOWITZ ABOUT WAS THE INITIAL DEPOSIT, WHICH W.J\S THE
24TH, AND THE ADDITIONAL DEPOSIT OF THE 8TH, AND THAT
THE ACCEPTANCE WAS SUPPOSED TO BE -- ACCEPTANCE OF THE
PURCHASE WAS SUPPOSED TO BE ON SEPTEHBER 23. THOSE ARE
THE ONLY DATES THAT I GAVE HER.
Q. OKAY. THERE'S AN ITEM THERE. IT SAYS "BUYER'S
INVESTIGATION CONTINGENCIES EXPIRE," AND THEY HAD STATED
SEPTEMBER 27, 2004, AND THEN IT'S HANDWRITTEN IN "TEN
DAYS fROM 9124."
DID YOU PROVIDE THAT INFORMATION TO HER?
10 MR. STEIN: ONE ADDITION. THERE'S A QUESTION MARK.
11 IF YOU'RE GOING TO REFERENCE, YOU HIGHT AS WELL HAVE
12 THAT TOO.
l) BY MR. CtOOlINGS:
]4 Q. DID YOU PROVIDE THAT PROVISION TO GAIL
15 HERSHOWITZ?
16 A. NO.
I? Q. DOWN BELOW, IT SAYS, "LAST DAY FOR BUYER TO
18 REMOVE APPRAISAL CONTINGENCY: 11 DAYS - 24?"
19 DID YOU PROVI DE THAT INFORMATION TO HER?
20 A. NO.
21 O. "LAST DAY FOR BUYER TO RECEIVE FINAL LOAN
-I.:: 3- 22 APPROVAL." IT STATES "11 DAY - 24TH?"
23 DID YOU PROVIDE TH.AT INfORMATION TO HER?
24 A. NO.
25 HR. CUMMINGS: THE LAST EXHIBIT WAS 5 -- 8,
NlVlESAMAAN 7/10106 NlVlE SAMAAN 7110..06
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 46 of 50
---- ------,----
]10-]72-1111 SOUSA COURTREPORlCR..<;; 71.J-57I-0111 ]10-]72-1111 SOUSA COURT REPORTERS 71.J-51I-0111
P;lge<)7
EXHIBIT 8; CORRECT?
MR. STEIN: YES. THAT'S CORRF.CT.
MR. CUMMINGS: I'LL MARK AS 9 ANOTHER SET OF
TIME FRAMES, DATED OCTOBER 5, ADDRESSED TO
NIVIE SAMAAN IN CARE OF GILLERAN GRIFFIN COMPANY.
(WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEQUENTLY MARKED BY THE REPORTER AS
DEFENDANT'S EXHIBIT 9 FOR IDENTIFICATION AND
IS HERETO ATTACHED. I
10 BY MR. CUMMINGS:
11 Q. DID YOU RECEIVE THAT DOCUMENT?
12 A. YES, I BELIEVE SO.
13 Q. WHEN DID YOU RECEIVE IT?
14 A. IT WAS AROUND THIS DATE, OCTOBER 5.
15 Q. DID YOU READ IT WHEN YOU RECEIVED IT?
16 A. I LOOKED OVER IT, YES.
17 Q. AFTER YOU RECEIVED IT, DID YOU NOTIFY ANYBODY
18 AT MARA ESCROW THAT ANY OF THE DATES SET FORTH ON
19 EXHIBIT 9, THE APPLICABLE TIME FRAMES SCHEDULE, DATED
20 OCTOBER 5, 2005, WERE INCORRECT?
21 A. NO, I DON'T BELIEVE SO.
22 Q. DID YOU NOTIFY MICHAEL LIBQW THAT ANY OF THE
23 DATES SET FORTH ON THE OCTOBER 5 APPLICABLE TIME FRAME
24 SCHEDULE WERE INCORRECT?
25 A. NO.
NlVIE SAMAAN 7/10106
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
P.,;eIJII
Q. DID YOU NOTIFY DR. ZERNIK THAT ANY OF THE TIME
FRAMES -- ANY OF THE DATES SET FOP.TH ON THE APPLICABLE
TIME FRAMES, DATED OCTOBER 5, 2004, WERE INCORRECT?
A. NO.
Q. HANDING YOU BACK EXHIBIT 9. DO YOU SEE THE
STATEMENT UNDERNEATH THE NOVEMBER THE LAST DATE, THE
PARAGRAPH WHERE IT SAYS, "BUYER AND SELLER HAVE
INDICATED IN THE ORIGINAL RESIDENTIAL PURCHASE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS THAT THEY DESIRE THE
ACTIVE METHOD FOR REMOVAL OF CONTINGENCIES"? DO YOU SEE
THAT?
A. YES.
Q. DID YOU READ THAT WHEN YOU RECEIVED IT?
A. NO.
Q. ANY REASON YOU DIDN'T READ IT?
A. NO. I JUST -- I LOOKED AT THE DATES. THAT'S
ALL I LOOKED AT.
Q. ANYBODY PREVENT YOU FRC«READING IT?
A. NO.
Q. IS THERE ANYTHING YOU DON'T UNDERSTAND ABOUT
THAT PARAGRAPH?
A. YES. I DON'T UNDERSTAND WHAT THAT MEANS,
"ACTIVE METHOD.
Q. IT SAYS, "THEREFORE, IF WITHIN THE TIME" --
READ THE REST OF PARAGRAPH, AND TELL ME I F YOU DON'T
NlVlE SAMAAN 7/I0A16
f-------------------------------------------------- ------------------------------------
]10-]"12·1111 SOUSA COURT REPORTERS 714-571-0111
Page'l'l
])0-]72·1111 SOUSA COURT REPORTERS 714·511-0111
PugeWO
II
UNDERSTAND IT AND WHAT IT I S YOU DON'T UNDERSTAND ABOUT
IT.
DID YOU RECEIVE A COPY OF' THE PEST CONTROL
REPORT THAT HAD BEEN DONE ON THE PROPERTY?
A. I DON'T KNOW. I '0 HAVE TO ASK MY HUSBAND.
MR. STEIN: SHOW HER WHAT YOU'RE REFERRING TO, IF
YOU WOULD, PLEASE. I' THINK THAT MIGHT REFRESH HER
RECOLLECT ION.
MR. CUMMINGS: I'LL MARK THAT AS EXHIBIT 10, THE FAX
FROM MICHAEL LIBOW TO GAIL HERSHOWITZ, WITH A COpy TO
NIVIE SAMAAN, OF A BOND PEST CONTROL REPORT.
(WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEQUENTLY MARKED BY THE REPORTER AS
DEFENDANT'S EXHIBIT 10 FOR IDENTIFICATION AND
IS HERETO ATTACHED.
THE WITNESS: YES.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A.
Q.
THERE --
A.
Q.
A.
Q.
OKAY. I UNDERSTAND WHAT IT'S SAYING.
DO YOU UNDERSTAND THAT PARAGRAPH THAT'S WRITTEN
YES.
-- UNDERNEATH THE NOVEMBER 1, 2004, DATE?
YES.
CAN I SEE ONE MORE THING IN THAT PAAAGRAPH?
SURE.
-1· 4-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
BY MR. CUMMINGS:
Q. DID YOU RECEIVE --
A. THE QUESTION WAS DID I RECEIVE IT?
Q. CORRECT.
A. YES.
Q. DID YOU RECEIVE IT ON OR ABOUT THE DATE OF THE
TRANSMITTAL LETTER, TRANSMITTAL FAX?
A. YES.
Q. OKAY. DO YOU HAVE A WRITTEN AGREEMENT WITH
GILLERAN GRIFFIN AS TO HOW MUCH YOUR COMMISSIONS ARE
SUPPOSED TO BE, WHAT PERCENTAGE YOU GET OF THE
COMMISSION THAT THE COMPANY RECEIVES?
A. YES, I BELIEVE so, YES.
Q. WHAT DOES IT PROVIDE?
A. 1 DON'T KNOW THE EXACT PERCENTAGE. I WOULD BE
ESTIMATING. I THINK --
Q. WHAT WOULD BE YOUR BEST ESTIMATE?
A. I THINK I GET 90 PERCENT, AND THEY GET TEN.
IT'S AROUND THAT ESTIMATE.
Q. DID YOU HAVE A SPECIAL AGREENENT WITH GILLERAN
GRI FFIN RELATING TO THE PERCENTAGE OF THE COMMISSION
THAT YOU WOULD RECEIVE ON THE PURCHASE OF THE PROPERTY
AT 320 SOUTH PECK DRIVE?
A. NO.
MR. CUMMINGS: I'M GOING TO MARK AS EXHIBIT 11 A
NlVlESAMAAN 7/10106 NIViESAMAAN 7/J0!U6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 47 of 50
3 1 ~ ] 1 2 . 1 1 1 1 SOUSACOURTREPORlCRS 71 ....57HJIII
P3ge lUI
ONE-PAGE DOCUMENT SIGNED BY GAIL HERSHOWITZ, DATED
2 NOVEMBER B. 2004. AND I WANT YOU TO GO THROUGH THAT
3 DOCUMENT AND TELL ME WHAT, IF ANYTHING, IN YOUR BELIEF,
4 AS YOU SIT HERE TODAY. IS NOT ACCURATE ABOUT THAT
5 STATEMENT MADE BY GAIL HERSHOWITZ, STARTING AT THE TOP
6 AS yOU GO THROUGH, ANO I F YOU CAN JUST TELL ME BY --
_. - - _ . _ - - - - - - - _ . _ . - - - - ~
31G.-l12.1111 SOUSA CQURTREPQRTERS 7U-57I-oJ II
P:lIIC 1U2
HR. STEIN: DIU YUU RECEIVE THEM?
THf: WITNESS: IS THAT THE ESCHOW INSTRUCTION?
HR. STEIN: YES.
THE WITNESS: NO, I DID NOT RECEIVE THEM ON THAT
5 DATE.
6 BY MR. cUMMINGS:
HR. STE IN: WHY DON I T WE READ THE SENTENCE AND DEAL
8 WITH IT. OTHERWISE. IT'S ALL OVER THE PlACE.
Q.
A.
00 YOU KNOW IF GILLERAN GRIfFIN RECEIVED THEM?
NO, I DON'T.
10
11
12
13
(WHEREUPON THE AFOREMENTIONED DOCUMENT
WAS SUBSEQUENTLY HARKED BY THE REPORTER AS
DEFENDANT'S EXHIBIT 11 FOR IDENTIFICATION !\ND
(5 HERETO ATTACHED. I
BY MR. CUMMINGS:
O. THE FIST SENTENCE SAYS, "MICHAEL LI80W F.l\XED ME
10
11
12
13
14
Q. ANn THE NEXT SENTENCE SAYS, "RECEIVED A CHECK
FROM BUYER ON SEPTEMBER 21, 2004."
A. NO, THAT' S NOT CORRECT. I GAVE THEM A CHECK ON
SEPTEMBER 24, 2004, WHICH IS STATED ON THE CHECK.
Q. WHEN DID YoU TELL THEM TO HOLD IT UNTIL?
HR. STEIN: TWO DAYS.
15 A PURCHASE CONTRACT ON SEPTEMBER 22, 2004."
15 THE WITNESS: TWO DAYS. TWO TO THREE DAYS.
16
17
A. WHO IS THIS LETTER ADDRESSED TO? I MEAN WHO IS
IT GOING TO? WAS IT ADDRESSED TO HE OR --
16
17
BY MR. CUMMINGS:
O. ALL RIGHT. "PURCHASE CONTRACT CALLS FOR CHECK
1B Q. IT'S NOT ADDRESSED TO ANYBODY. IT'S A
18 TO BE DEPOSITED ON SEPTEMBER 24, 2004."
19 STATEMENT.
19 00 YOU DISPUTE THAT?
20 A. OH, IT'S A STATEMENT sHE'S MAKING. OKAY. I
20 A. THAT'S NOT WHAT WAS AGREED UPON.
21
ooH'T -- I DON'T KNOW IF THAT'S TRUE OR NOT. IT DOESN'T
21 Q. WAS TAAT AGREED TO IN WRITING?
22 HAVE ANYTHING TO DO WITH Me.
22 A. NO, NOT IN WRITING.
23
2'
25
O. THE NEXT SENTENCE SAYS, "I TYPED THE
INSTRUCTIONS AND FAXEO THEH TO MICHAEL LIBOW AND NIVIE
SAMAAN ON SEPTEMBER 23, 2004."
NIVIE SAMAAN 7/10106
23
2.
25
Q. WAS THE DATE OF SEPTEMBEH 24, 2004, AGREED TO
IN WRITING?
A. NO.
NIVIE SAMAAN "IMIG
1------------------------_._----+-------_._---------------------1
o.
)1Q..)12.1111 SOUSACOURTRFPORTERS 714-571-0111
"WE DEPOSITED THE CHECK TWICE, AND IT CAME BACK
310-l71.\111 SOUSA coURT REPORTERS 714_571..()111
Pace: 1M
INSTRUCTIONS IF THEY wERE NOT FINALIZED. II
2 NSF TWICE."
A. THAT'S INCORRECT. THE CHECK CAME BACK ONCE
A.
o.
I DON'T KNOW.
"ON SEPTEMBER 24, NIVIE CALLED ANO ASKED IF WE
4 WITH NOT SUFFICIENT FUNDS, AND WE WERE TOLD WE NEEDED TO
5 GET A CASHIER I S CHECK AND DELIVER IT TO MICHAEL LIBOH
6 PERSONALLY.
4 COULD EXTEND THE T IKE FRAMES FRO'( 01 FFERENT OATES FROH
5 THE CONTRACT AS SHE WAS GoING OUT OF TOWN."
A. NO, BECAUSE, FIRST Of ALL, I WAS NOT GOING OUT
o.
IT SAYS, "WE CALLED BROKER TO ADVISE THEM, AND
OF TOHN. I HAD JUST COME BACK FROM TOWN, AND THAT'S
6 ON OCTOBER 4 RECEIVED A REPLACEMENT CHECK."
A. YES, TH.Jl.T IS -- I ACTUALLY GAVE THE REPLACEMENT
10 CHECK TO MICHAEL Lleow PERSONALLY ON THE DAY THAT THE
11 HOME: INSPECTION WAS BEING DONE, WHICH HE sHOWED UP AT ON
12 OCTOBER 4.
6 WHEN -_. THAT'S WHEN I TOLD HER ABOUT THE DATES NEEDING
9 TO BE -- WHEN I CALLED HER ABOUT NOT DEPOSITING THE
10 CHECK, I ALSO TOLD HER ABOUT THE DATES THAT WERE AGREED
11 UPON BY MICHAEL AND I F'OR THE FIRST DEPOSIT, THE SECoND
12 DEPOSIT, AND THE ·START or THE PURCHASE AGREEMENT; SO
13 Q. IT SAYS, -AN ADDITIONAL DEPOSIT WAS DUE ON
13 THAT IS NOT CORRECT BECAUSE I HAD JUsT cCIfE BACt< FROM
14
15
16
OCTOBER 1, 2004, AND WE RECEIVED IT oN OCTOBER 12,
200 •. "
A. THAT IS NOT CORRECT. THE NEXT DEPOSIT WAS DUE
14
15
16
TOWN.
o.
A.
DID YOU REQUEST DIFFERENT OATES ON THAT?
YES, I DID.
ON OCTOBER 8, WHICH IS VERIFIED IN THE ESCROW
17
Q. THE NEXT SENTENCE SAYS, "I CALLED AND LEFT A
IB INSTRUCTIONS. AND WHEN I DELIVERED oN IT OCTOBER B,
18 MESSAGE FOR MICHAEL LIBOH REGARDING THIS MATTER.·
19 THEY LOST THE CHECK AND DID NOT RETRIEVE IT -- DID NOT
19 A.
I DON'T KNOW IF sHE DID. [BELIEVE SHE DID. r
20
FINO IT UNTIL OCTOBER 12, .l\tW THAT'S WHY IT WAS D.h.TED ON
20 DON'T KNOW FOR sURE.
21 OCTOBER 12.
INSTRUCTIONS OUT PENDING THE TIME FRAME cHANGES MADE BY
22 o.
"oN SEPTEMBER 24, 2004, VICTOR (LENDER) CALLED
21
- 1 ~ 5- 22
o.
"HE ADVISED HE TO HOLD OFF SENDING THE ESCROW
23 TO ADVISE ME HE WAS THE LENDER."
23 THE BUYER."
2'
25
A.
o.
I DON'T KNOH IF THAT WAS DONE OR NOT.
"TOLD H1M WE COULD NOT SEND OUT ESCROW
NlVlESAMAAN 111M>6
2'
25
A. SHE MENTIONED TO ME THAT SHE WAS TO HOLD orF
UNTIL MIcHAEL GOT BACK TO HER.
NlVlESAMAAN 1/1006
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 48 of 50
,--------------------------
310-372-1111 SOUSA COURT REPORTERS 71 ....571-0111
IUj
1 Q. "I SENT OUT ESCROW INSTRUCTIONS ON OCTOBER 5,
2 2004."
310.372-1 III SOUSA COURT REPORTERS 714-571..{l111
Q. DO YOU THINK YOU GAVE HER SIGNED ESCROW
INSTRUCTIONS BEFORE THAT DATE?
4 THAT TIME.
A. YES, I DON'T KNOW. IT MAY HAVE BEEN AROUND
Q. "SENT OUT PRELIMINARY TITLE REPORT ON
MR. STEIN: IF YOU DON'T RECALL, JUST SAY YOU DON'T
RECALL.
THE WITNESS: YES, I DON'T RECALL.
6 OCTOBER 6, 2004, BY CERTIFIED MAIL." 6 BY MR. CUMMINGS:
REMOVAL FORM SIGNED BY BUYER AND SELLER AND A FAX FOR
A.
Q.
YES.
"NIVIE CALLED TO SAY SHE HAD NOT RECEIVED THE
Q. "ON OCTOBER 22, 2004, I RECEIVED A CONTINGENCY
14 ESCROW INSTRUCTIONS, AND I ADVISED HER TO CORRECT THEM,
15 INITIAL THEM, AS WE WILL DO A FINAL AMENDHENT."
9 PRELIMINARY TITLE REPORT I BUT I HAD A CERTIFIED SLIP
10 BACK FROM HER SIGNED OCTOBER 8, 2004, WITH HER SIGNATURE
11 ON IT THAT SHE HAD RECEIVED IT."
9 NOTICE TO PERFORM FOR BUYER."
MR. STEIN: THAT'S INCORRECT.
THE WITNESS: THAT'S INCORRECT.
BY HR. CUMMINGS:
WHAT IS THE CORRECT INFORMATION?
PROBABLY AROUND THE 20TH.
"ON OCTOBER 25 AND NOVEMBER 5, 2004, I RECEIVED
Q.
A.
Q.
10
11
12
13
14
15
I GUESS SO.
"NIVIE ADVISED THAT THERE WAS A NISTAKE IN THE Q.
A. 12
13
16
17
18
A. YES, THAT'S TRUE,
Q. WHAT CORRECTIONS DID YOU REQUEST?
A. THE DATES TO BE CHANGED, AS I -- THE
16 INSTRUCTIONS FROM SELLER TO CANCEL THE ESCROW, AS THE
17 CONTINGENCY DATES HAD EXPIRED AND THE BUYER HAD NOT
18 PERFORMED. "
19 PURCHASE -- THE ACCEPTANCE OF THE OFFER TO BE CHANGED,
20 THE INITIAL DEPOSIT DATE AND THE SECOND DEPOSIT DATE TO
21 BE CHANGED.
23 PAPERS."
A. I DON'T KNOW If THE DATE IS CORRECT OR NOT,
OCTOBER 22.
THAT FROM THE SELLER.
I BELIEVE SO. I DON'T KNOW WHEN SHE RECEIVED
"BUYER HAS NOT SIGNED SAID CANCELLATION
YES.
A.
Q.
A.
MR. STEIN: THAT'S EXHIBIT 11, COUNSEL?
MR. CUMMINGS: YES_
INSTRUCTIONS ...
19
20
21
22
23
24
25
"ON OCTOBER 22, 2004, WE RECEIVED HER SIGNED Q. 22
24
25
NIVIE SAMAAN 7/1 0106 NIVIE SAMAAN 7/10Al6
t----------------------------------c------------------------------------
31()"372-1111 SOUSA COURT REPORTERS 714-571-0111 310-372-1111 SOUSA COURT REPORTERS 714-571-0111
PngelU7 PllgeWIl
Q. I'M GOING TO SHOW YOU EXHIBIT 9 AGAIN, WHICH KNOWLEDGE?
4 MANAGER AT THE COLDWELL BANKER OFFICE WHERE MR. LIBOW
5 WORKS?
6 A. YES.
2 HAS THE REVISED APPLICABLE TIME FRAMES.
3 YOU'VE STATED YOU DIDN'T NOTIFY ANYBODY
4 THAT YOU DISAGREED WITH THOSE TIME FR..b,MES; CORRECT?
A. TO MY KNOWLEDGE, I DID NOT, NO.
Q. WHEN YOU RECEIVED IT, WERE THERE ANY OF THOSE
A.
Q.
NO.
IS IT YOUR UNDERSTANDING THAT BETH STYNE IS THE
1 TIME FRAMES YOU DISAGREED WITH? Q. DO YOU BELIEVE THAT MICHAEL LIBOW DID ANYTHING
MR. STEIN: ASKED AND ANSWERED, BUT SHE CAN ANSWER B WRONG IN CONNECTION WITH THIS TRANSACTION?
9 IF 5HE RECALLS.
10 THE WITNESS: NO, I DON'T BELIEVE SO.
9
10
JUST HER UNDERSTANDING.
MR. STEIN: JUST YOUR UNDERSTANDING, NOT ANV LEGAL
11 BY HR. CUMMINGS:
12 Q. SO AS YOU SIT HERE TODAY, 00 YOU BELIEVE THAT
13 THOSE ARE THE APPLICABLE TIME FRAMES FOR THOSE
14 TRANSACTIONS?
15 A. YES.
16 Q. AND I S IT CORRECT THAT YOU 01 ON' T REMOVE THE
11 APPRAISAL CONTINGENCY BY OCTOBER II, 2004?
11 CONCLUSIONS.
12 THE WITNESS: I BELIEVE THAT HE DIDN'T KEEP HIS WORD
13 ABQUT OUR UNDERSTANDING OF WHEN THE ACCEPTANCE OF THE
14 PURCHASE SHOULD BE AND THAT, IN ESSENCE, IT RUSHED
IS EVERYTHING. IT HADE IT IMPOSSIBLE FOR US TO MEET OUR
16 OBLIGATIONS AND BELIEVING THAT HE WAS BEING INSTRUCTED
17 BY HIS CLIENT; SO••.
23 NOVEMBER 1, 2004?
24 A. YES.
A. YES.
LOAN APPROVAL CONTINGENCY BY OCTOBER 11, 2004?
A. YES.
Q. IS IT CORRECT THAT ESCROW WAS TO CLOSE BY
BY MR. CUMMINGS:
WAS IT YOUR UNDERSTANDING THAT DR. ZERNIK Q.
DIDN'T AGREE WITH ANY EXTENSIONS?
A. NO, THAT WAS NOT MY UNDERSTANDING.
MR. CUMMINGS: I'LL BE BACK IN ABOUT THREE MINUTES.
(BRIEF RECESS. I
THE WITNESS: CAN I ADD ONE MORE THING TO WHAT VOU
16
19
20
21
-I< 6- 22
23
24
IS IT CORRECT THAT YOU DIDN' T REMOVE THE FINAL Q.
18
19
20
21
22
25 Q. WERE LOAN DOCUMENTS EVER PREPARED, TO YOUR 25 ASKED ME --
NlvtEsAMAAN 7II0JD6 NlVIE SAMAAN 7/10!tl6
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 49 of 50
------------,-----------------
310-)12·1111 SOUSA COURT REPORTERS 114·571..Qtll 310-]12-1111 SOUSA COURT REPORTERS
110
BY HR. CUHMI NGS:
Q. YES_
A. -- ABOUT If MICHAEL LIBOH HAD DONE ANYTHING
4' WRONG.
NO. AT THE TIME THAT HE TOLD YOU TH)\T.
OH, OKAY. YES, THAT IT WAS BETWEEN 2.1 AND
Q.
A.
Q.
A.
2.2.
WHEN DID HE TELL YOU?
IT WAS PROBABLY JUST A FEW MONTHS AGO.
ANll THERE WAS ALSO A Hc«E AROUNU 'fHE BLOCK THAT
SOLD FOR $700,000 MORE THAN WHAT WE HAD PURCH."\SED THE
PECK PROPERTY FOR.
Q. WHAT PROPERTY WAS THAT?
A. IT WAS ON BEDFORD. I DON'T KNOW THE EXAcT
ADDRESS, BUT IT WAS ON BEDFORD.
O. BETWEEN WHl\T STREET AND WHAT STREET?
A. IT'S THE STREET RIGHT NEXT TO PECK, AND THAT
HAD ACTUALLY HAPPENED A WEEK AFTEP. WE HAD ACCEPTED .l\N
OFFER FOR THE PECK PROPERTY.
O. DID yOU FEEL THAT PROPERTY WAS COMPARABLE TO
THE PECK PROPERTY?
A. IT WAS 500 SQUARE FEET LARGER, BUT IT WAS
PRETTY COMfORTABLE, OTHER THAN THAT ..
Q. HOW LARGE: IS THE PECK PROPERTY?
A. TWENTY-SIX SOMETHING, 26,000 SOMETHING.
O. 2,600?
A. 2,600, I MEAN.
HR. STEIN: 26,000 Is PRETTY GOOD.
MR. CUMMINGS: IT WOULD BE ONE BIG HOUSE.
]0
11
12
13
14
15
16
17
,.
19
20
21
22
23
2.
25
I NEVER DID RECEIVE A FULLY EXECUTED AND SIGNED
PURCHASE AGREEMENT FROM MICHAEL LIBOH DR fROM ZERNIK
WITH HIS SIGNATURE ON IT, own I BELIEVE THAT THAT WAS
SOHETHING THAT WE NEEDED FOR THE LOAN APPROVAL TO GO
THROUGH; so TallT WAS SOMETHING THAT I NEVER RECEIVED.
O. HAS ANYBODY TOLD you WKAT THEY BELIEVE THE
PROPERTY AT 320 SOUTH PECK DRIVE IN BEVERLY HILLS IS
CURRENTLY WORTH?
A. NO, NOBODY HAS TOLD HE.
O. HAS ANYBODY TOLD YOU -- STATED ANY OPINION or
VALUE OF THE PROPERTY TO YOU AT ANY TIME SINCE
OCTOBER 25. 200'1?
A. YES.
Q. WHO?
A. MY HUSBAND.
O. WHAT DID HE TELL VOU?
/Jo.. THAT THE PROPERTY HAS GONE UP IN VALUE.
Q_ DID HE SAY HOW MUCH?
A. I'M ESTIMATING ABOUT 2.2 MILLION.
Q. THAT IT WAS WORTH. THAT AT THE TIME HE TOLD YOU?
A. YOU MEAN AT THE TIME THAT WE WERE BUYING IT?
10
11
12
13
14
15
16
17
,.
19
20
21
22
23
24
25
NlVTE SAMAAN 7/10/06 NlV1E SAMAAN 7/10!U6
-----e---.-----.----------------------------j
310-372-1111 SOUSACOURTRFPORlCRS 714-S71.()111 311).]11·1111 SOUSA COURT REPORTERS 714-511"()lll
P:Jgclll 12
10
11
12
13
14
15
16
17
1.
"
20
21
22
23
24
25
Q. DO YOU HAVE AN OPINION WHAT THE PROPERTY'S
WORTH NOW?
A. I WOULD SAY PROBABLY BETWEEN TWO AND 2.2
MILLION.
Q. WHAT DID YOU THINK THE PROPERTY WAS WORTH ON
OCTOBER 25, 2004?
A_ I DIDN'T REALLY THINK ABOUT IT. I BELIEVED IT
WAS I BELIEVED IT HAS WORTH THE PRICE IT WAS LISTED
AT.
O. WHAT WAS THE PRICE IT WAS LISTED?
A. I DON' T KNOW EXACTLY. 1 . 6 SOMETHt NG_
Q. WAS YOUR OFFER -- WAS THE COUNTER OFFER,
1,718, 000, GREATER THAN THE LISTING PRICE?
A. YES, BUT I BELIEVE THAT IT COULD HAVE BEEN
WORTH MORE, THOUGH -- I HEAN THAN WHAT IT W.a.5 LISTED.
BELIEVE -- I BELIEVED I WAS GETTING A GOOD DEAL FOR THE
PROPERTY.
Q. YOU BELIEVED THAT THE PROPERTY WAS WORTH LESS
THAN l,718,000?
HR. STEIN: MISSTATEs HER TESTIHONY.
BY HR. CUMMINGS:
O. DID YOU BELIEVE THAT THE PROPERTY WAS WORTH
LESS THAN 1, 718, aDO?
A. NO.
Q. TELL HE WHAT YOO MEANT WHEN YOU SAl D YOU
-1 7-
10
11
12
13
14
15
16
I?
,.
19
20
21
22
23
24
25
THOUGHT YOU WERE GETTING A GOOD DEAL.
A. I BELIEVED THAT IT WAS WORTH MORE THAN THAT,
HORE THAN ONE POINT sEVEN EIGHTEEN.
O. HOW HUCH MORE?
A. PROBABLY AROUND 250,000 TO 300,000 MORE.
O. so YOU THOUGHT THE PROPEP.TY WAS WORTH -- OKAY.
FINE.
I HAVE NO fUTURE QUESTIONS Of THIS WITNESS AT
THIS TIME.
MR. STEIN: I KAVE NO QUESTION'S.
MY ONLY CONCERN IS THAT HR. SHULKIN WILL.
WE'LL DEAL WITH THAT ACCORDINGLY.
MR. CUMMINGS: YOU KNOW WHAT YOUR RIGHTs ARE.
DON I T HAVE TO TELL YOU THAT.
THE WITNESS: I UNDERSTAND. THAT] UNDERSTAND.
HR. CUMMINGS: HE GOT NOTICE.
HR. STEIN: YES. YOU WANT TO SET A STIPULATION,
MR. CUMMINGS?
MR. CUNMINGS: I WOULD PROPOSE THAT THE ORIGINAL
TRANSCRIPT BE SENT TO COUNSEL FOR THE DEPONENT; THAT
WITHIN 30 DAYs AFTER RECEIPT OF IT BY COUNSEL FOR THE
DEPONENT, THAT THE DEPONENT WILL REVIEW ITI OUR FIRM
WILL BE NOTIfIED OF ANY CHANGES THAT ARE HADE; IT C.I\N BE
SIGNED UNDER PENALTY O.F PERJURY; THE REPORTER CAN BE
RELIEVED OF HER OBLIGATION; AND THAT IF WE'RE NOT
NlV!£SAMAAN 7/1Q/D6 NlVlBSAMAAN 7/1M16
Case 2:08-cv-01550-VAP-CW Document 40-3 Filed 04/17/2008 Page 50 of 50
,..------------_. --
- _ . - _ . _ - - - ~
]10-)12-1111 SOUSA COURT REPORTERS 714-571.()111
f':1gel13
t{OTIFIED Of THE CHANGES WITHIN THAT 30-DAY PERIOD, THEN
A CERTIFIED COPY CAN 8E USEO .l\S THOUGH IT WERE THE
ORIGINAL SIGNED UNDER PENALTY or PERJURY, WITHOUT ANY
CHANGES; AND THAT THE ORIGINAL DEPOSITION WILL BE
PRODUCEO AT THE TRIAL OF' THJS ACTION AND AT ANY OTHER
TIME ON A REASONABLE rH>TICE TO COUNSEL FOR PLAINTI fF_
HR. STEIN: SO STIPULATED.
(WHEREUPON AT THE HOUR OF J 29 P.M.,
THE DEPOSITION WAS COIlCLUDED. I
10 -000-
1L 1 DECLARE UNDER PENALTY or PERJURY THAT THE
12 FOREGOING IS TRUE: AND CORRECT_
13 EXECUTED AT CALIFORNIA,
14 THIS DAY OF • 2006.
15
16
17
18
SIGNATURE OF' THE. WITlfE5S
I'
20
21
22
23
2.
25
NIVIESAMAAN' 1110105
'-- • ~ ..J
-148-
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