Mr. Isaeff then asked Mrs. Benight, when SPS offers someone a resolution, like a short sale, ARE THEY OBLIGATED TO DO THE SHORT SALE? Mrs. Benight answered NO. He then asked if a borrower wants to try and keep the home, they can do other things such as to offer to repurchase the home? Mrs. Benight replied that would be considered a SHORT PAY if they were to pay less than what was owed. She was then asked if they could try to purchase the home at market value? She replied YES.
Mr. Isaeff then directs Mrs. Benight to page 49 below. He then said that he was specifically looking at an entry that was made on December 8, 2010, at 1554 in the afternoon. She replied that she sees it. Mr. Isaeff then said it looks like there was another conversation with M1. He then asked if that was probably the same M1 that has been referred to all along. Which was Barbara Bratton. Mrs. Benight replied yes.
Mr. Isaeff read the notes that state and again in this conversation it mentioned that M1 wants to know WHY WE ARE STARTING THIS AGAIN? M1/Barbara Bratton said it was dismissed. Mrs. Benight confirmed that this was accurate. Mr. Isaeff then made the point to read the part in the notes below that state M1 also says she is going to go to federal court and sue us, meaning SPS. Mrs. Benight confirmed this.
Mrs. Benight was then directed to page 48 which is below. He then said that in one of those notes it is regarding an action on behalf of U.S Bank against Rosela Guevara to cancel a mistake of Grant Deed. Mrs. Benight confirmed seeing this. He then pointed her direction to the bottom of the page where there is a note from December 9th of 2010 from somebody with the name Katker, regarding the property being erroneously deeded to another person, is that right? Mrs. Benight replied with YES.
Mr. Isaeff then stated that it mentions an attorney named Bobby Ashrafi from looks like the email address dbosslawfirm.com. Mrs. Benight confirmed.
Mrs. Benight was then directed to page 45 of the SPS call log below. Barbara’s public defender then said on January 15th it looks like there was a discussion again regarding the situation with U.S Bank and somebody with the last name Guevara. Mrs. Benight confirmed this. Mr. Isaeff then said it looks like somebody, after speaking with senior counsel, so it looks like someone was talking to possibly inhouse counsel or some sort of advisory attorney. Mrs. Benight confirmed this and said YES.
Mr. Isaeff then directed Mrs. Benight to page 40. Specifically, looking at an entry on April 5th of 2011 that was entered at 1332, so that would be 1:32 P.M. She confirmed that she could see this entry. He then said in this M1/Barbara Bratton stated that she is suing SPS because she doesn’t owe SPS anything and stated that this was PIF in 2005. Mrs. Benight was asked if she saw this. She replied in the affirmative. It then says when she realized it was fraud, she decided to sue SPS and First American Loanstar for misrepresentation.
Next, Mr. Isaeff directed Mrs. Benight to page 33 below. Mr. Isaeff directs her to the entry from November 4, 2011 at 2:06 in the afternoon. He then read the entry that states show there is another conversation with the borrower and that she stated in the lawsuit against SPS for fraud as we do not have a note to secure the loan and we are collecting illegally in this non secured loan. Mrs. Benight confirmed this note.
Next, Mr. Isaeff directed Mrs, Benight to page 32 below. At the very bottom of that first part there is a paragraph that said, advised, she is starting a lawsuit and it is involving Kamala Harris Ca Attorney General. Mrs. Benight confirmed this.
Mr. Isaeff then directs Mrs. Benight to page 28 above with the entry February 7, 2012, at 11:12 in the morning. There is a paragraph that goes all the way to the end of the page that begins, M1 called in prior arrangements spoke to M1. She acknowledged that she saw it.
Barbara Bratton’s public defender then directs her to page 29 below, which was a continuation from page 28. Mr. Isaeff shows that M1/Barbara Bratton called in twice this day once at 11:12 and once at 11:28. This entry below shows how Ms. Bratton called into Attorney Holders office, and she mentioned how the loan was still under investigation due to fraud issues. Mrs. Benight confirms this. Below we see Barbara state ” she did not even know how SPS got the loan when it was in REO STATUS. Mr. Isaeff asked Mrs. Benight what REO meant. She replied with REAL ESTATE OWNED.
Mr. Isaeff asked, so that’s when the property’s in the process or has been foreclosed? She responded with IT HAS BEEN FORECLOSED. Mr. Isaeff pointed out that it also mentions below we are under strict regulations with the FTC and that she didn’t get any payments. Mrs. Benight said that is correct.
Mr. Isaeff then stated, looks like through the paperwork in the three exhibits you have given us, he didn’t see any copies of loan statements that were deemed to essential to M1/Barbara Bratton. Mrs. Benight replied YES.
