Next, Mr. Isaeff directed Ms. benight to an entry on page 2 below. The entry time is either 7:52 in the morning or at 9:50 in the morning. Mr. Isaeff then said “there is a paragraph that says PER ESCROW THEY HAVE NOT HEARD BACK FROM THE ATTORNEY REGARDING THE PENDING LEGAL ACTION OF THE PRELIM. Ms. Benight was then asked “What would be the legal action on the prelim”? She responded that she did not know.
Mr. Isaeff then answered his own question and said it means PRELIMINARY TITLE REPORT. Mr. Isaeff then said it looks like there is some pending legal action that is holding up the preliminary title report? Ms. Benight responded, “there is more information that is needed, they have not mailed to give the buyer the estimated HUD until this item is cleared, meaning the property is being resold.” “It has gone through foreclosure and the property is being resold.” She further stated, “the people are willing to buy it, an estimated high or closing settlement statement when you sell a property, we can’t give them that until we can clear title.”
Mr. Isaeff then states to the witness, AT THIS POINT IN TIME IT SOUNDS LIKE EVERYBODY IS REALIZING THERE IS SOME SORT OF QUESTION ABOUT THE TITLE; IS THAT RIGHT? Ms. Benight responded with CORRECT.
Mr. Isaeff then asked Sherry Benight how long she has been working for SPS mam? She responded for almost a year. Mr. Isaeff then asked the question. Isn’t it true that in 2007 there was a modified final judgement between the U.S. Government and FCC and SPS regarding wrongful acts that SPS was alleged to have engaged in collecting and servicing loans? Ms. Benight replied THERE WAS.
Next, Barbara Bratton’s attorney asked if the federal government and SPS, without admitting fault, did sign an agreement as to certain loan practices that were supposed to be done a certain way; isn’t that true? Ms. Benight replied with YES. Getting into more detail Mr. Isaeff “one of the loan practices was that SPS was supposed to be providing monthly statements to their customers; is that true? Ms. Benight replied to customer statements as long as the loan is not in default.
Mr. Isaeff then stated, more recently in 2015 SPS again was the subject of A CLASS ACTION LAWSUIT REGARDING LOAN COLLECTION PRACTICES, ISNT THAT TRUE? Ms. Benight responded that she was not familiar with that instance.
Mr. Isaeff then said this would be the case of ALMANZAR V. SELECT PORTFOLIO SERVICING. Mr. Isaeff then asked “so you’re not familiar with any current class action claim forms that people fill out if SPS has been charging you for insurance that you didn’t ask for? Ms. Benight stated that she was not familiar with that. One would think that the Custodian of records for SPS would have this knowledge?
