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Filing # 84194516 E-Filed 01/31/2019 10:04:35 AM
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR LEON COUNTY, FLORIDA
NAVY FEDERAL CREDIT UNION, GENERAL JURISDICTION DIVISION
PLAINTIFF
VS. CASE NO: 2018 CA 001978
NORMAN LAMERE II; ET. AL.,
DEFENDANT(S)
/
PLAINTIFF'S AMENDED TRIAL WITNESS AND EXHIBIT LISTS
COMES NOW Plaintiff, Navy Federal Credit Union (hereinafter referred to as
“Plaintiff”), by and through its undersigned counsel, and files its Amended Witness and
Exhibit Lists in compliance with the Court’s Foreclosure Uniform Order Setting Cause
for Non-Jury Trial, and states as follows:
PLAINTIFF’S WITNESSES
1 Christina Wingate
Navy Federal Credit Union
P.O. Box 3800
Merrifield, Virginia 22119
Corporate Representative(s) of Navy Federal Credit Union or other
representative with knowledge regarding all matters relevant hereto. Any
specific names(s) listed are done so to be in compliance with the Court’s Pre-
Trial Procedure and Orders. If multiple corporate representatives of Plaintiff
are listed as witnesses the Plaintiff does not intend to call all witnesses listed.
Instead the Plaintiff will call one of the listed corporate representatives as a
witness based on availability.
Corporate Representative will testify to the origination, processing, and/or
servicing of the Defendant’s loan and Plaintiff/Loan Servicer’s business
records as well as Plaintiff's authority to bring the action and enforce the loan
documents. He/She may also testify to Defendant’s default on the subject
loan, Defendant’s indebtedness, status of loss mitigation and Plaintiff's
damages as well as any additional counts and allegations raised in Plaintiff's
complaint.
Corporate representative(s) of Plaintiff's Counsel with knowledge of all
matters related to the Original Note and possession of said note.
Case No. 2018 CA 001978 File # 18-F02160
OUT I ll il
SO
Defendants’ herein.
Any person(s) listed on the Note, Mortgage, and Assignment of Mortgage
The Plaintiff reserves the right to call any witness(es) listed and/or called by
any other party and reserves the right to supplement this Witness List with
additional witnesses as they become known or necessary, upon proper notice
to the other parties.
PLAINTIFF’S EXHIBIT LIST AND
NOTICE OF INTENT TO RELY ON SUMMARIES
All documents previously filed in support of the Plaintiff's Motion for
Summary Judgment and Complaint
Original promissory note at issue in the instant matter.
Original mortgage at issue in the instant matter.
Certified copies of the recorded Mortgage, any recorded Assignment of
Mortgage, and any other recorded documents at issue herein (if available).
Default and Notice of Intent to Foreclose letters sent by the Plaintiff to the
Defendant including screen shots and/or business records evidencing when the
default notice was sent to Defendant. Any and all business records or public
records evidencing the Defendant’s mailing address.
Any and all copies of retum receipts or certified mail receipts for all Default
and Notice of Intent to Foreclose letters sent by the Plaintiff to the Defendant.
All affidavits, time records and billing statements for legal services to the
Plaintiff.
Any prior Mortgage(s), Warranty and/or Quit Claim Deeds.
Loan application executed and completed for the subject loan including any
business records related to a loan modification.
10 All loan documents, itemized loan histories, transaction histories, escrow and
corporate breakdowns, account statements, default logs or other business
records evidencing the payment or transaction history on the loan at issue
herein.
Case No. 2018 CA 001978 2 of 5 File # 18-F02160
11 All loan documents, loan histories, default logs, or other business records
evidencing the Plaintiff's right to enforce the Note and Mortgage, evidencing
the servicer’s right to service the loan, or the time at which Plaintiff obtained
possession of the Original Note.
12 Notices of assignment/transfer of the loan including servicing welcome letters
and goodbye letters.
13 Loan documents evidencing servicing and telephone correspondence of
collection activities on the loan at issue herein.
14 All business records of Plaintiff's counsel relating to the receipt and custody
of the Original Note, and all business records relating to the preparation and
mailing of any Notice of Default letter prepared and sent by counsel.
15. Any and all correspondence between the parties.
16. Entire court file related to this case.
17. Public records/documents related to the instant matter maintained by the
County Clerk of Court.
18. Public records/documents related to the instant matter maintained by the
County Property Appraiser’s office.
19. Entire origination/closing file (excluding privileged/confidential documents).
20. Entire file of the loan servicer (excluding privileged/confidential documents).
21. Entire collateral/loan file maintained by Plaintiff (excluding
privileged/confidential documents).
22. Any and all power of attorneys between lenders, investors, trustees and/or
servicers.
23. Pooling and Servicing Agreement for the Trust, if applicable.
24. Mortgage Loan Schedule for the Trust.
25. All documents listed in the Defendants’ Exhibit List and/or relied upon by the
Defendants in defense of the Plaintiff's action.
26. Any and all exhibits for rebuttal or impeachment.
Case No. 2018 CA 001978 3 of 5 File # 18-F02160
27. Plaintiff reserves the right to utilize any exhibit listed by any other party and
further reserves the right to supplement this Exhibit List with additional
exhibits as they become known and/or necessary, upon proper notice to the
other parties.
28. All exhibits are available for inspection upon request from the Defendant(s).
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of Plaintiff's Amended Trial
Witness and Exhibit Lists were sent via U,S. Mail or as otherwise indicated to the parties
on the attached mailing list on this _Oghn lay of January, 2019.
BROCK & SCOTT, PLLC
Attorney for Plaintiff
4919 Memorial Hwy, Suite 135
Tampa, FL 33634
Phone: (813) 342-2200 x 4769
Fax: (954) 618-6854
FLCourtDo rock:
By
Julie Anthousis, Esq.
Florida Bar No. 55337
Shaib Y. ios, Esq
FL Bar No. 28316
Case No. 2018 CA 001978 4 ofS File # 18-F02160
SERVICE LIST
The following persons were served by e-mail:
Crescent Hills Homeowners Association, Inc.
c/o David J. Fredericks, Esq
1689 Mahan Center Blvd., Suite B
Tallahassee, FL 32317
DFredericks@andersongivens.com ;
ollections@andersongivens.com
The following persons were served by U.S. mail:
Tharpe Street Holdings, Inc.
c/o Behzad Ghazvini, Registered Agent
4708 Capital Circle NW
Tallahassee, FL 32303
Norman LaMere
5340 Falling Star Rd
Tallahassee, FL 32303
Patricia LaMere
5340 Falling Star Rd
Tallahassee, FL 32303
Case No. 2018 CA 001978 5 of 5 File # 18-F02160
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Filing # 84194516 E-Filed 01/31/2019 10:04:35 AM IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA NAVY FEDERAL CREDIT UNION, GENERAL JURISDICTION DIVISION PLAINTIFF VS. CASE NO: 2018 CA 001978 NORMAN LAMERE II; ET. AL., DEFENDANT(S) / PLAINTIFF'S AMENDED TRIAL WITNESS AND EXHIBIT LISTS COMES NOW Plaintiff, Navy Federal Credit Union (hereinafter referred to as “Plaintiff”), by and through its undersigned counsel, and files its Amended Witness and Exhibit Lists in compliance with the Court’s Foreclosure Uniform Order Setting Cause for Non-Jury Trial, and states as follows: PLAINTIFF’S WITNESSES 1 Christina Wingate Navy Federal Credit Union P.O. Box 3800 Merrifield, Virginia 22119 Corporate Representative(s) of Navy Federal Credit Union or other representative with knowledge regarding all matters relevant hereto. Any specific names(s) listed are done so to be in compliance with the Court’s Pre- Trial Procedure and Orders. If multiple corporate representatives of Plaintiff are listed as witnesses the Plaintiff does not intend to call all witnesses listed. Instead the Plaintiff will call one of the listed corporate representatives as a witness based on availability. Corporate Representative will testify to the origination, processing, and/or servicing of the Defendant’s loan and Plaintiff/Loan Servicer’s business records as well as Plaintiff's authority to bring the action and enforce the loan documents. He/She may also testify to Defendant’s default on the subject loan, Defendant’s indebtedness, status of loss mitigation and Plaintiff's damages as well as any additional counts and allegations raised in Plaintiff's complaint. Corporate representative(s) of Plaintiff's Counsel with knowledge of all matters related to the Original Note and possession of said note. Case No. 2018 CA 001978 File # 18-F02160 OUT I ll il SO Defendants’ herein. Any person(s) listed on the Note, Mortgage, and Assignment of Mortgage The Plaintiff reserves the right to call any witness(es) listed and/or called by any other party and reserves the right to supplement this Witness List with additional witnesses as they become known or necessary, upon proper notice to the other parties. PLAINTIFF’S EXHIBIT LIST AND NOTICE OF INTENT TO RELY ON SUMMARIES All documents previously filed in support of the Plaintiff's Motion for Summary Judgment and Complaint Original promissory note at issue in the instant matter. Original mortgage at issue in the instant matter. Certified copies of the recorded Mortgage, any recorded Assignment of Mortgage, and any other recorded documents at issue herein (if available). Default and Notice of Intent to Foreclose letters sent by the Plaintiff to the Defendant including screen shots and/or business records evidencing when the default notice was sent to Defendant. Any and all business records or public records evidencing the Defendant’s mailing address. Any and all copies of retum receipts or certified mail receipts for all Default and Notice of Intent to Foreclose letters sent by the Plaintiff to the Defendant. All affidavits, time records and billing statements for legal services to the Plaintiff. Any prior Mortgage(s), Warranty and/or Quit Claim Deeds. Loan application executed and completed for the subject loan including any business records related to a loan modification. 10 All loan documents, itemized loan histories, transaction histories, escrow and corporate breakdowns, account statements, default logs or other business records evidencing the payment or transaction history on the loan at issue herein. Case No. 2018 CA 001978 2 of 5 File # 18-F02160 11 All loan documents, loan histories, default logs, or other business records evidencing the Plaintiff's right to enforce the Note and Mortgage, evidencing the servicer’s right to service the loan, or the time at which Plaintiff obtained possession of the Original Note. 12 Notices of assignment/transfer of the loan including servicing welcome letters and goodbye letters. 13 Loan documents evidencing servicing and telephone correspondence of collection activities on the loan at issue herein. 14 All business records of Plaintiff's counsel relating to the receipt and custody of the Original Note, and all business records relating to the preparation and mailing of any Notice of Default letter prepared and sent by counsel. 15. Any and all correspondence between the parties. 16. Entire court file related to this case. 17. Public records/documents related to the instant matter maintained by the County Clerk of Court. 18. Public records/documents related to the instant matter maintained by the County Property Appraiser’s office. 19. Entire origination/closing file (excluding privileged/confidential documents). 20. Entire file of the loan servicer (excluding privileged/confidential documents). 21. Entire collateral/loan file maintained by Plaintiff (excluding privileged/confidential documents). 22. Any and all power of attorneys between lenders, investors, trustees and/or servicers. 23. Pooling and Servicing Agreement for the Trust, if applicable. 24. Mortgage Loan Schedule for the Trust. 25. All documents listed in the Defendants’ Exhibit List and/or relied upon by the Defendants in defense of the Plaintiff's action. 26. Any and all exhibits for rebuttal or impeachment. Case No. 2018 CA 001978 3 of 5 File # 18-F02160 27. Plaintiff reserves the right to utilize any exhibit listed by any other party and further reserves the right to supplement this Exhibit List with additional exhibits as they become known and/or necessary, upon proper notice to the other parties. 28. All exhibits are available for inspection upon request from the Defendant(s). CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of Plaintiff's Amended Trial Witness and Exhibit Lists were sent via U,S. Mail or as otherwise indicated to the parties on the attached mailing list on this _Oghn lay of January, 2019. BROCK & SCOTT, PLLC Attorney for Plaintiff 4919 Memorial Hwy, Suite 135 Tampa, FL 33634 Phone: (813) 342-2200 x 4769 Fax: (954) 618-6854 FLCourtDo rock: By Julie Anthousis, Esq. Florida Bar No. 55337 Shaib Y. ios, Esq FL Bar No. 28316 Case No. 2018 CA 001978 4 ofS File # 18-F02160 SERVICE LIST The following persons were served by e-mail: Crescent Hills Homeowners Association, Inc. c/o David J. Fredericks, Esq 1689 Mahan Center Blvd., Suite B Tallahassee, FL 32317 DFredericks@andersongivens.com ; ollections@andersongivens.com The following persons were served by U.S. mail: Tharpe Street Holdings, Inc. c/o Behzad Ghazvini, Registered Agent 4708 Capital Circle NW Tallahassee, FL 32303 Norman LaMere 5340 Falling Star Rd Tallahassee, FL 32303 Patricia LaMere 5340 Falling Star Rd Tallahassee, FL 32303 Case No. 2018 CA 001978 5 of 5 File # 18-F02160