1

1 IN THE CIRCUIT COURT

2 OF JEFFERSON COUNTY, ALABAMA

3
4 W.A. JONES CONSTRUCTION, LLC,)

5 Plaintiff, )

6 Counterclaim Defendant, )CIVIL ACTION NO.:

7 VS. )CV-2017-903334

8 JACK D. BARNES and LISA W. )DEPOSITION OF:

9 BARNES, )JESSICA WOODBRIDGE

10 Defendants, )
11 Counterclaim Plaintiffs,)

12 VS. )

13 W.A. JONES CONSTRUCTION, LLC;)

14 BANK OF AMERICA, N.A.; et al.)

15 Counterclaim Defendants.)
16
17 S T I P U L A T I O N S

18 IT IS STIPULATED AND AGREED, by and

19 between the parties through their respective

20 counsel, that the deposition of:

21 JESSICA WOODBRIDGE,

22 may be taken before Alana Vines, Commissioner

23 and Notary Public, State of Alabama at Large, at

Bain & Associates Court Reporting Services, Inc.

1-888-326-0594 depos@bainandassociates.com
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018
Page 2 Page 4
1 the law offices of Bradley Arant Boult Cummings,
1 A P P E A R A N C E S (cont.)
2 One Federal Place, 1819 Fifth Avenue North,
2 Rhonda Hood
3 Birmingham, Alabama 35203, on the 1st day of
3 Attorney at Law
4 August, 2018, commencing at approximately
4 Hood & Lay, LLC
5 10:13 a.m.
5 1117 22nd Street South
6
6 Birmingham, Alabama 35205
7 IT IS FURTHER STIPULATED AND AGREED that
7
8 the signature to and reading of the deposition
8 ALSO APPEARING:
9 by the witness is waived, the deposition to have 9 Paige Ali, Videographer
10 the same force and effect as if full compliance 10
11 had been had with all laws and rules of Court
11 ***
12 relating to the taking of depositions. 12
13 13
14 IT IS FURTHER STIPULATED AND AGREED that 14
15 it shall not be necessary for any objections to 15
16 be made by counsel to any questions, except as 16
17 to form or leading questions, and that counsel 17
18 for the parties may make objections and assign 18
19 grounds at the time of the trial, or at the time 19
20 said deposition is offered in evidence, or prior 20
21 thereto. 21
22 *** 22
23 23

Page 3 Page 5
1 A P P E A R A N C E S 1 EXAMINATION INDEX
2 ON BEHALF OF THE BANK OF AMERICA: 2 JESSICA WOODBRIDGE
3 Graham W. Gerhardt 3 BY MR. WATTS . . . . . . . . . . . . . 8
4 Attorney at Law 4 BY MR. SEXTON . . . . . . . . . . . . 228
5 Bradley Arant Boult Cummings 5 RE BY MR. WATTS . . . . . . . . . . .276
6 One Federal Place 6
7 1819 Fifth Avenue North 7 EXHIBIT INDEX
8 Birmingham, Alabama 35203 8 PLAINTIFF'S MAR
9 9 1 Deed 232
10 ON BEHALF OF PLAINTIFFS: 10 DEFENDANTS'
11 K. Edward Sexton, II 11 1 Copy of the mortgage 11
12 Attorney at Law 12 2 Letter 70
13 Gentle, Turner, Sexton & Harbison, LLC 13 3 Letter 84
14 501 Riverchase Parkway East, Suite 100 14 4 Letter 92
15 Hoover, Alabama 35244 15 5 Response to a request for 94
information
16 16
17 ON BEHALF OF THE DEFENDANTS: 17 6 Letters 121
18 John G. Watts 18 7 Letter 146
19 Attorney at Law 19 8 Sale documents 186
20 Watts & Herring 20 9 Package from the foreclosure firm 188
21 The Kress Building 21
22 301 19th Street North 22 ***
23 Birmingham, Alabama 35203 23

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 6
1 I, Alana Vines, a Court Reporter of
2 Birmingham, Alabama, and a Notary Public for the
3 State of Alabama at Large, acting as
4 Commissioner, certify that on this date,
5 pursuant to Rule 30 of the Alabama Rules of
6 Civil Procedure and the foregoing stipulation of
7 counsel, there came before me on the 1st day of
8 August, 2018, at the law offices of Bradley
9 Arant Boult Cummings, One Federal Place, 1819
10 Fifth Avenue North, Birmingham, Alabama 35203,
11 commencing at approximately 10:13 a.m., JESSICA
12 WOODBRIDGE, witness in the above cause, for oral
13 examination, whereupon the following proceedings
14 were had:
15 THE VIDEOGRAPHER: This marks
16 beginning of videotape number one of the
17 corporate representative of Bank of America
18 deposition who is Jessica Woodbridge in the
19 matter of W.A. Jones Construction, LLC, versus
20 Jack D. Barnes and Lisa W. Barnes versus W.A.
21 Jones, Construction, LLC, Bank of America N.A.,
22 et al., Civil Action Number CV-2017-903334 filed
23 in the Circuit Court of Jefferson County,
Page 7
1 Alabama. The date is August 1st, 2018; the time
2 is 10:13. All attorneys present, will you
3 please state your name and whom you represent.
4 MR. SEXTON: Eddie Sexton on behalf
5 of W. A. Jones Construction.
6 MR. GERHARDT: Graham Gerhardt on
7 behalf of Bank of America.
8 MR. WATTS: John Watts for the
9 Barnes.
10 THE VIDEOGRAPHER: Court reporter,
11 will you please swear in the witness.
12
13 JESSICA WOODBRIDGE,
14 being first duly sworn, was examined and
15 testified as follows:
16
17 MR. WATTS: Graham, do y'all want to
18 do usual stipulations?
19 MR. GERHARDT: That sounds good to
20 me.
21 MR. WATTS: Is that good with you,
22 Eddie?
23 MR. SEXTON: That's fine.
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Jessica Woodbridge
August 01, 2018
Page 8
1 EXAMINATION
2 BY MR. WATTS:
3 Q. If you can, state your name, please.
4 A. Jessica Woodbridge.
5 Q. Okay. And tell me again, how do you
6 spell your last name?
7 A. W-O-O-D-B-R-I-D-G-E.
8 Q. And you're here to testify as the
9 corporate representative of Bank of America?
10 A. Yes.
11 Q. Okay. And what is your position
12 with Bank of America?
13 A. I am an assistant vice president
14 consumer resolution associate.
15 Q. Okay. Give me the quick version of
16 what that job entails.
17 A. I have a portfolio of cases
18 involving mortgage lines involving some
19 litigation, and I work with outside and in-house
20 counsel in resolving the litigation. And then
21 I'm also available to testify in depositions,
22 trials and mediations.
23 Q. Okay. I'm assuming you've testified
Page 9
1 a number of times in deposition?
2 A. Yes.
3 Q. And would that be four or five times
4 or more than you can remember?
5 A. It would be more than I can
6 remember. I try to estimate it around maybe 50
7 times.
8 Q. Okay. And how about at trial?
9 A. I have also not kept track, and it
10 would probably -- it could be up in the hundreds
11 of times.
12 Q. Now, you mentioned that you get
13 involved with cases that are in litigation, and
14 I want to make sure I understand that. We're
15 here today in a case that is in litigation. But
16 would you also be involved, say, in Florida in a
17 judicial foreclosure case or a state where a
18 foreclosure action is filed and, say, there's no
19 counterclaim; would you be involved in those
20 cases as well?
21 A. So long as there is litigation, so
22 an answer was filed. It would be in cases where
23 there's some contested --
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 10
1 Q. Okay.
2 A. -- litigation. So our department --
3 and I would not expect to see a case in my
4 portfolio where somebody has not filed either an
5 answer or a claim -- lawsuit against the bank.
6 Q. Okay. And what is your educational
7 background?
8 A. I have a BA in economics, and I also
9 have a JD and an MPA.
10 Q. Okay. So the JD is a law degree?
11 A. Yes.
12 Q. Okay. What was the other degree?
13 A. It's MPA, it's a master of public
14 affairs.
15 Q. And when did you receive your law
16 degree?
17 A. In 2007.
18 Q. And are you a licensed attorney and
19 member of the bar somewhere?
20 A. Yes.
21 Q. Where do you live?
22 A. In Dallas, Texas.
23 Q. Are you a member of the Texas bar?
Page 11
1 A. Yes.
2 Q. Any other bars?
3 A. Yes.
4 Q. Okay. What are those other ones?
5 A. I'm also licensed in Washington,
6 D.C., and in Indiana.
7 Q. Okay. Let me show you what I will
8 mark as Defendants' Exhibit 1.
9 (Defendants' Exhibit 1 was
10 marked for identification.)
11 Q. And this is the mortgage, and it's
12 Bates stamped BANA 61 to 73. I'm assuming you
13 have seen this document before?
14 A. Yes.
15 Q. Okay. And you'll notice at the
16 bottom of really all the pages it says this is a
17 uniform instrument. Do you see that?
18 A. I do.
19 Q. Okay. And so you're familiar with
20 these types of mortgages; right?
21 A. Yes.
22 Q. And you're familiar with these
23 mortgages in the state of Alabama; correct?
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Jessica Woodbridge
August 01, 2018
Page 12
1 A. I've -- can't say that I -- I'm
2 unfamiliar, but I don't know that I've
3 specifically examined a mortgage in Alabama
4 before.
5 Q. Okay. Have you -- I'm not talking
6 about in your function as a lawyer representing
7 Bank of America, but have you testified in a
8 case in Alabama before either in trial or in
9 deposition?
10 A. Yes.
11 Q. Okay. How many do you think?
12 A. I think, like, once or twice before.
13 Q. Okay. All right. So the date of
14 this mortgage is May the 3rd, 2006; is that
15 correct?
16 A. Yes.
17 Q. Okay. If you'll turn to it's page
18 12 of 14 or the Bates Number 72, it's toward the
19 very back.
20 A. Okay.
21 Q. Do you see towards the top of the
22 page, and this is in all bold, it's Paragraph 22
23 "Acceleration"?
Page 13
1 A. Yes.
2 Q. Okay. And you've seen this
3 paragraph before, haven't you?
4 A. Yes.
5 Q. Okay. Now, have you only looked at
6 this Paragraph 22 in the preparation for this
7 case, or do you have some knowledge of Paragraph
8 22 from other cases?
9 A. I've only reviewed it -- I mean, I
10 can't say that I haven't read it in other cases
11 in preparation, but -- for those events, but I
12 was -- I looked at it in this case.
13 Q. Okay. So the title of it is
14 "Acceleration," and it's got semicolon
15 "Remedies." Do you see that?
16 A. I do.
17 Q. And you're familiar with this --
18 paragraph is talking about what the rights and
19 responsibilities are, for example, of Bank of
20 America if it feels the borrower has defaulted
21 on the loan. And take your time if you want to
22 read over it again.
23 A. Can you repeat your question?
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 14
1 Q. Sure. And we're going to go through
2 this in some detail.
3 A. Uh-huh.
4 Q. But just kind of big picture,
5 Paragraph 22 tells Bank of America here's your
6 responsibilities and your rights if you believe
7 a borrower has defaulted on the loan?
8 A. I believe it -- I mean, it just
9 discusses the ways to accelerate the loan.
10 Q. Okay. Well, let's go through them.
11 So I'm going to read the first sentence and if
12 you'll just follow along with me as I read it.
13 It says, "Lender shall give notice of borrower
14 prior to acceleration following borrower's
15 breach of any covenant or agreement in the
16 security instrument." And it has parenthesis,
17 "but not prior to acceleration under Section 18
18 unless applicable law provides otherwise," and
19 the parenthesis closes and then end of the
20 sentence. I just want to address paragraph 18
21 real quick so we don't have to talk about it
22 again.
23 If you'll flip back a page or two
Page 15
1 and look at paragraph 18, and take your time and
2 read it. What I understand this to be saying is
3 that if the borrower attempts to, for example,
4 sell the property, then the entire loan would be
5 due; is that your understanding of it?
6 A. Well, it is sold or transferred but,
7 yes, that's my understanding is --
8 Q. Right.
9 A. -- of the purpose of that.
10 Q. And I'll just tell you, to my
11 knowledge, that paragraph doesn't have anything
12 to do with our case. So when we read this
13 sentence, I'm just -- back to Paragraph 22, I'm
14 just going to ignore that part about 18. I just
15 wanted us to be on the same page; is that fair?
16 A. Fair.
17 Q. All right. So this first sentence,
18 it says, "Lender shall give notice to borrower
19 prior to acceleration." Is it an option for the
20 lender to not give notice to the borrower prior
21 to acceleration?
22 A. I mean, it speaks -- the document
23 speaks for itself. It says that the lender
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Jessica Woodbridge
August 01, 2018
Page 16
1 shall give notice.
2 Q. Okay. And I'm asking you, as the
3 corporate representative of Bank of America, and
4 you're also a lawyer, does this mean that Bank
5 of America must give notice prior to
6 acceleration in order to comply with this
7 mortgage document?
8 MR. GERHARDT: I'm just going to
9 object to that. And I know, John, I'd like to
10 have a continuing objection, but just to make
11 clear, she's not going to be testifying as a
12 lawyer.
13 A. Yeah. I'm not here as a lawyer. I
14 don't work -- my job duties do not involve being
15 a lawyer for Bank of America, so I can't
16 interpret or give any legal interpretation to
17 the document. I can simply state that it says
18 what it says; that it -- the lender shall give
19 notice.
20 Q. (By Mr. Watts:) Okay. And my
21 question, whether you're a lawyer or not, it's a
22 very simple question: Does Bank of America have
23 to give notice before accelerating the loan in
Page 17
1 order to comply with Paragraph 22?
2 A. I can simply state that we did give
3 notice in the case, and I don't know -- I can't
4 interpret whether it was a requirement under
5 this paragraph or not. It --
6 Q. Okay. So as the corporate
7 representative of Bank of America, we're here in
8 this litigation, and you understand -- or maybe
9 you don't understand. Do you understand that
10 one of the issues in this case is whether the
11 notice provided by Bank of America was
12 sufficient? Do you understand that's one of the
13 issues?
14 A. Yes.
15 Q. Okay. So, as a corporate
16 representative of Bank of America, this is my
17 chance to question Bank of America, and you are
18 Bank of America right now; and I'm simply asking
19 you when it says, "Lender shall give notice,"
20 does that mean the lender must give notice?
21 A. I don't know.
22 Q. You don't know?
23 A. I know that we did give notice.
(4) Pages 14 - 17
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 18
1 Q. Okay.
2 A. But as to what -- I can't -- like, I
3 can't do a deal conclusion or analysis of
4 whether shall means must. We do provide notices
5 of intent to accelerate, and I can see that we
6 did on this case.
7 Q. Okay. But as a corporate
8 representative of Bank of America, you have no
9 opinion on whether Bank of America must give
10 notice to the borrower prior to acceleration;
11 right? You have no opinion on this?
12 A. I -- I personally do not, no.
13 Q. Well, that's fine. But I want to
14 know as the corporate representative of Bank of
15 America, what is the opinion of Bank of America
16 on what this document -- is notice required to
17 be given before acceleration?
18 A. I did not see any opinion in the
19 books or the records that I saw about whether or
20 not we were -- we were going to send a notice to
21 the Barnes in this case. I saw -- simply a
22 report that I saw it -- the notice was sent.
23 Q. Well, I appreciate you telling me
Page 19
1 that you did not see some written opinion from
2 Bank of America. I'm just asking you, as the
3 corporate representative for Bank of America,
4 before Bank of America accelerates this loan, is
5 it required to give notice?
6 A. To the extent that this requires us
7 to do it, then we do.
8 Q. Does it require?
9 A. I don't know.
10 Q. Okay. All right. So let's go to
11 the next paragraph. It says, "The notice shall
12 specify" -- and then it's going to give us four
13 things: A, B, C, D. So "A is the default; B,
14 the action required to cure the default; C, a
15 date not less than 30 days from the date the
16 notice is given to borrower by which the default
17 must be cured; and then D, the failure to cure
18 the default on or about the date specified in
19 the notice may result in acceleration of the sum
20 secured by this security instrument and sale of
21 the property."
22 And let me just back up a second and
23 make sure we're on the same page. This
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Jessica Woodbridge
August 01, 2018
Page 20
1 mortgage, Defendants' Exhibit 1, you have in
2 front of you, you understand that at least as
3 long as Bank of America had any involvement with
4 this loan, it was required to follow this
5 mortgage; right?
6 A. Yes.
7 Q. So you don't have any doubt about
8 that, do you? Bank of America must follow the
9 mortgage between Bank of America and the Barnes?
10 A. I have no reason to believe
11 otherwise.
12 Q. Okay. Well, let me take a step
13 back. How did Bank of America get this
14 mortgage? Did it make the loan? Did it
15 purchase the loan? Was it servicing the loan?
16 How did Bank of America become involved with the
17 Barnes?
18 A. We are or were the servicer and
19 became the investor, but we did not originate
20 this loan and we -- in fact, Bank of America,
21 N.A., it was a predecessor entity; that was
22 actually how we became involved in the loan.
23 Q. Okay. When did Bank of America
Page 21
1 start servicing the loan?
2 A. So our records show that one of the
3 entities that eventually merged into Bank of
4 America, N.A., where -- began servicing the loan
5 around the middle of May of 2006.
6 Q. Is that Countrywide?
7 A. It was Countrywide Home Loan
8 Servicing, LP.
9 Q. Okay. And who owned the loan at
10 that point?
11 A. In 2006, it was the original -- I
12 mean, the original lender would have owned it
13 and then it looks like it transferred to
14 Countrywide and then almost immediately
15 thereafter went to Fannie Mae.
16 Q. Okay. And then at some point did
17 Bank of America become the owner of the loan?
18 A. Yes.
19 Q. Do you remember when that was?
20 A. I believe it was in January 25th of
21 2013.
22 Q. Okay. Now, when Bank of America is
23 servicing the loan or Countrywide is servicing
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 22
1 the loan, the servicer is required to follow the
2 mortgage, which is Defendants' Exhibit 1;
3 correct?
4 A. Yes.
5 Q. Do you have a hesitation about that,
6 or are you unsure about that or are you
7 confident that this mortgage must be followed by
8 whoever is servicing the loan?
9 A. I -- all I know is that we're
10 required to follow all federal and state rules
11 and guidelines and that to the extent -- I don't
12 think there's anything that I've seen internally
13 where it states that we have to comply by the
14 mortgage. But, obviously, as it's sort of part
15 of contract law, it's the contract you've got to
16 follow. I mean, it's -- so I would -- that's
17 the reason why I was trying to work out --
18 there's not -- like, there's, you know,
19 somewhere to go to say you have to follow the
20 mortgage.
21 Q. What's the policy and procedure at
22 Bank of America about following the mortgage for
23 a loan that Bank of America services or owns?
Page 23
1 A. I mean, there's -- again, I have not
2 seen a policy or procedure that discusses that
3 -- something at that level. We abide by the
4 investor requirements and then each sort of
5 piece under the mortgage would be broken out
6 separately.
7 Q. And Bank of America became the
8 investor in 2013?
9 A. Yes.
10 Q. If you will, flip to -- it's about
11 page three in the mortgage, Bates-stamped 63.
12 A. Okay.
13 Q. If you look at paragraph two, it's
14 entitled "Application of payments or proceeds."
15 Do you see that?
16 A. I do.
17 Q. And that tells how the money that's
18 received from the borrower is to be applied; in
19 other words, there's an order that you apply
20 funds that come in. It says you start with the
21 interest due and then you go to the principal
22 due and then any amounts under Section 3, which
23 would be basically escrow; right?
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Jessica Woodbridge
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Page 24
1 A. Yes.
2 Q. So if the investor tells Bank of
3 America, "Don't follow that. We want you to
4 apply the money in a different order," would
5 Bank of America follow the mortgage or would it
6 follow what the investor tells it to do?
7 A. I can't speculate as to that
8 situation. I've never seen a situation -- our
9 payment policy is to follow the mortgage to
10 whatever the document states in the order of
11 payments.
12 Q. Okay. And I use that as an example.
13 We can go through each one of these one by one,
14 but what I'm trying to understand is does Bank
15 of America have a policy and procedure that it
16 follows the mortgage or does it simply follow
17 whatever the investor tells it to do?
18 A. I believe that it would be to follow
19 the mortgage.
20 Q. Right.
21 A. Uh-huh.
22 Q. This is a contract between Bank of
23 America and the homeowner; right?
Page 25
1 A. I don't know if it's all the time
2 between Bank of America and the homeowner.
3 Q. Okay. Well, let's do this, at least
4 when Bank of America becomes, I think your word
5 is the investor of the loan, then this would be
6 a contract between Bank of America and the
7 homeowner; right?
8 A. Yes.
9 Q. Okay. And if somebody else was the
10 investor, for example, Fannie Mae, and Bank of
11 America was servicing the loan, Bank of America
12 would still be required to follow the mortgage;
13 right?
14 A. I would have no reason to believe
15 otherwise.
16 Q. Is that the same thing as a yes?
17 A. Yes.
18 Q. Okay. Thank you. All right. Let's
19 go back to Paragraph 22, it's on page 12
20 Bates-stamped 72. So go back to -- just to give
21 us sort of context, I'll send this sentence,
22 basically the second sentence, "The notice shall
23 specify A, the default; B, the action required
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 26
1 to cure the fault; C, a date not less than
2 thirty days from the date notice is given to
3 borrower by which default must be cured; and, D,
4 that failure to cure the default on or before
5 the date specified in the notice may result in
6 acceleration of the sum secured by this security
7 instrument and sale of the property"; right?
8 A. That's what it states, yes.
9 Q. Can Bank of America decide that it
10 will not specify section A, which is the
11 default? If it's going to send a letter, as the
12 previous sentence said, can it say, "We're going
13 to skip telling you what the default is"?
14 A. I don't know.
15 Q. Is Bank of America required, if it
16 sends a notice under Paragraph 22 to specify the
17 default, what will cure the default, the date
18 that the default must be cured, and that if the
19 default is not cured that this must result in
20 acceleration or sale of the property? Is Bank
21 of America required to do that?
22 A. I don't know. All I can say is that
23 I can see in the documents that I've reviewed,
Page 27
1 the notices -- that I've reviewed, they've all
2 contained that information.
3 Q. But as a corporate representative of
4 Bank of America, you have no opinion, no idea on
5 whether this mortgage, which we've established
6 is a contract between Bank of America at least
7 as of 2013 and the Barnes; you have no opinion
8 about whether Bank of America in sending a
9 default notice must specify those four things:
10 Default, the way to cure the default, the date
11 to cure the default and what will happen if the
12 default is not cured; right?
13 A. Again, all I can state is the fact
14 that of all the notices I've reviewed, they've
15 all contained that information. And I, again,
16 can't -- I'm not here as a lawyer to state why
17 that's the rea -- that's what we've done.
18 Q. Bottom line is you don't know if
19 it's required or not, do you? You just know
20 that, as you've testified, that it was done?
21 A. That's correct. I know that it was
22 done.
23 Q. Okay. And on all those notices
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Jessica Woodbridge
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Page 28
1 where it was done, was it done in the manner
2 specified in Defendants' Exhibit 1?
3 A. Yes.
4 Q. Okay. If it was not done in the
5 manner specified in Exhibit 1, would you agree
6 that that default notice does not comply with
7 Paragraph 22 of the mortgage?
8 A. I don't know.
9 Q. So it could differ from what
10 Paragraph 22 says and you have no opinion on
11 whether or not that would be against Paragraph
12 22?
13 A. I do not.
14 Q. Okay. So going back to A, which is
15 the default, you have no opinion about whether
16 Bank of America in sending of Paragraph 22
17 notice must identify the default?
18 A. Again, I know that we do --
19 Q. Okay.
20 A. -- in our notices.
21 Q. But you don't know whether you have
22 to or not?
23 A. That's correct.
Page 29
1 Q. The same thing for B, which is the
2 action required to cure the default; you have no
3 opinion on whether or not that's required to be
4 in the notice?
5 A. Other than the fact that every
6 notice I've seen has -- contains that
7 information, I do not.
8 Q. Okay. And then C about the date
9 that you have to cure it, the same answer;
10 right?
11 A. Again, I see it in all of the
12 notices that I've reviewed and in this case as
13 well, the notices that I saw in this particular
14 file.
15 Q. Okay. And you have no opinion on
16 whether that's required?
17 A. I do not.
18 Q. And then D, "The failure to cure the
19 default on or before the date specified in the
20 notice may result in the acceleration of sum
21 secured by security instrument in sale of the
22 property." No opinion about whether or not
23 that's required to be in the Paragraph 22
(7) Pages 26 - 29
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
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1 notice?
2 A. Other than, again, I see it in all
3 -- the notices, I do not.
4 Q. And all the notices that you've
5 reviewed, do they comply with that Paragraph D?
6 A. I believe they do, yes.
7 Q. Okay. And if they're different than
8 Paragraph D, would that be troubling to you?
9 A. No.
10 Q. Okay. Let's drop down to the next
11 paragraph. And this is -- I'll sort of give us
12 a little bit of context and then I'll read this
13 so we can make sure we're on the same page.
14 This is about leading up to and the actual
15 foreclosure sale. And tell me what your
16 understanding is about how a foreclosure sale
17 happens in the State of Alabama.
18 A. My only understanding is I -- that
19 it's -- Alabama's is a nonjudicial state,
20 meaning that we're not required to file a
21 complaint with the court in order to foreclose
22 on a property.
23 Q. Okay. And so this paragraph will
Page 31
1 give us sort of the standard here. So I'll just
2 read the first paragraph, "If lender invokes the
3 power of sale," and power of sale would be that
4 nonjudicial foreclosure you just described;
5 right?
6 A. I believe so, yes.
7 Q. Okay. "If lender invokes power of
8 sale, lender shall give a copy of notice to
9 borrower in the manner provided in Section 15."
10 And we can look at section 15, that's just how
11 you send a notice to a borrower, basically to
12 their address. Let me ask you this: When it
13 says "the lender shall give a copy of notice to
14 borrower," is that a requirement for the lender
15 to do or is that optional for the lender -- the
16 lender being Bank of America?
17 A. Again, I think that you're asking me
18 for a legal conclusion about what the word shall
19 means, and so I'm not really here for that. And
20 I'm not here as an attorney, so I can't make an
21 opinion as to whether or not -- what shall
22 means.
23 Q. I didn't know you were a lawyer
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Jessica Woodbridge
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Page 32
1 until this morning, so this deposition has
2 nothing to do with being a lawyer. I'm asking
3 you, as a corporate representative of Bank of
4 America, what does this mean? Does shall mean
5 that you have to do it or does it mean it's
6 optional? If you don't know, you don't know.
7 A. I don't know.
8 Q. Okay. Let's take a step back. In
9 looking at this mortgage, you said that Bank of
10 America, they became the investor in 2013, so
11 this would be a contract between Bank of America
12 and my clients; right?
13 A. Yes.
14 Q. Okay. And so somebody at Bank of
15 America has to decide what these words mean;
16 right?
17 A. Yes.
18 Q. Okay. I mean, this is a 14-page
19 document, it's got all sort of words in here.
20 We looked at paragraph or Section Number 2 about
21 how you apply the payments. Somebody has to
22 read that at Bank of America and say, "Okay. I'm
23 going to make a decision on what this means as
Page 33
1 far as how we apply payments"; right?
2 A. I suppose.
3 Q. So you say you suppose; I'm trying
4 to figure out if somebody at Bank of America
5 does not look at this mortgage, this contract,
6 and figure out what it means then how would Bank
7 of America know what to send to the borrowers,
8 how much a borrower is supposed to pay, when
9 they're supposed to pay, how to accelerate the
10 loan, how to do a fore -- how would Bank of
11 America know unless it figures out what these
12 words mean?
13 A. The question as I understood that
14 you asked it was whether somebody's going in and
15 interpreting this particular contract. As
16 you've pointed out, this is a uniform
17 instrument, so at some point somebody would have
18 looked and said, you know, what the different
19 paragraphs mean. I know when the loan -- the
20 loan gets boarded or if you want to use the
21 payment section as an example, when we put it
22 into our system, somebody would have gone in and
23 read the document and put in that these are --
(8) Pages 30 - 33
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 34
1 this is the order that the payments need to be
2 processed.
3 But as to interpreting it, that's
4 the part I'm not exactly sure. They are just
5 taking the information and putting it in there
6 into a system and then from there -- from there
7 on when a homeowner -- when the Barnes made a
8 payment, it would have been applied in this
9 manner. And so while somebody might have
10 interpreted it at some point, and that's kind of
11 where I'm at, I suppose. I'm not sure that
12 there's interpretation or analysis of what the
13 words mean at every stage, I guess, of the -- in
14 every paragraph at -- for every individual
15 mortgage document, a lot of the language is
16 uniform across the documents.
17 Q. Right. That's the whole concept;
18 there is a uniform instrument. So Bank of
19 America doesn't have to deal with -- how many
20 loans does it have in Alabama? 10,000 loans?
21 100,000 loans?
22 A. I don't know.
23 Q. More than a thousand?
Page 35
1 A. I have not looked at that
2 information; I don't know.
3 Q. Okay. So no idea how many loans are
4 in Alabama? At least one; right? We've got at
5 least one or we had one; right?
6 A. Yes.
7 Q. But beyond that, you don't know?
8 A. Yeah. Again, I mean, I know that we
9 would have -- we do have loans here, but I just
10 haven't seen the amount.
11 Q. How many loans does Bank of America
12 have across the country?
13 A. I don't know.
14 Q. More than 10,000?
15 A. I have --
16 Q. More than 100,000?
17 A. I have not -- never received or seen
18 that information to know how many loans we
19 service or own across the country.
20 Q. Okay. What does Bank of America
21 have, like, 200,000 employees?
22 A. Again, I can't recall how many
23 employees we have.
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Page 36
1 Q. Okay. They service and own a lot of
2 loans, don't they?
3 A. Yes.
4 Q. And so you have these uniform
5 instruments, and somebody has to go in and say,
6 "Well, here's a due date," and so that means
7 something. And I think you and I can agree that
8 would not require a lawyer to figure that
9 out; right?
10 A. That there's a due date?
11 Q. Right.
12 A. That's correct. Although, again, I
13 don't know if there were lawyers involved when
14 the uniform instrument was initially being
15 interpreted or looked at.
16 Q. Okay. Let me ask you this: In
17 terms of who would make the decision -- go back
18 to Paragraph 22. Who would make the decision as
19 to what the notice should say under Paragraph
20 22? Would that be somebody at your level?
21 Would that be somebody at a lower level or a
22 higher level than you?
23 A. It would be a completely different
Page 37
1 department.
2 Q. Okay.
3 A. And so I can't really say what level
4 they would be at. I would believe it to be at a
5 very high level. We have a breach in compliance
6 letter team, and we would also involve
7 attorneys --
8 Q. Right.
9 A. -- in that decision as well.
10 Q. So when a notice is sent under
11 Paragraph 22, that's not Bob or Cindy or Suzie,
12 the customer service employee, typing the letter
13 as they want it, there are standard letters that
14 are provided to them; right?
15 A. We use letter templates, yes.
16 Q. Okay. And it would be beyond the
17 scope of an employee's authority to say, "I'm
18 not going to use that template. I'm just going
19 to type my own Paragraph 22 notice and send it
20 to somebody in Alabama"?
21 A. That's correct.
22 Q. Okay. And so the template is so
23 that these letters will be uniform and
(9) Pages 34 - 37
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 38
1 consistent?
2 A. Yes.
3 Q. And it means that whoever is
4 creating that letter -- we'll talk about whether
5 that's a computer or human being in just a
6 second. But what they have to put in will be
7 the variables, so the name of the borrower, the
8 address, the property address, the -- remember
9 those four things, the amount of the default,
10 how to cure the default, the date to cure the
11 default, all that sort of stuff; they would put
12 those variables in and then the letter is
13 created; right?
14 A. Yes.
15 Q. Does a human being cause the letter
16 to be created, the Paragraph 22 notice, or is
17 that done automatically by a computer?
18 A. My understanding is the decision as
19 to whether or not to create the letter --
20 whether the loan is ripe for a default letter to
21 be sent is done using a computer system that
22 pulls that information and then the actual -- I
23 believe that it's a system as well that kind of
Page 39
1 merges the letter, but there is human
2 involvement as well as to QAing to make sure
3 that the letter -- the information is put in --
4 you know, put in the right fields, it makes
5 sense or looks right and things of that nature.
6 And I think that there's some behind the scenes
7 or after-the-fact QAing of the -- but the
8 figures are coming from our systems.
9 Q. Okay. And here's my question, I
10 apologize if I didn't ask it in the right way:
11 Some companies have it to where an employee,
12 we'll just call him Bob; okay? Bob says, "We
13 need to send out a default notice, Paragraph 22
14 notice," I think you guys call it a notice of
15 intent to accelerate. And Bob presses a button
16 and then the system pulls all the data into the
17 template and then the letter is printed either
18 there at the mortgage company or at some
19 third-party prints it. And other companies do
20 it to where it's just an automatic thing, where
21 a certain date has hit, the computer checks it
22 and says, yep, generates the Paragraph 22
23 notice, all the data is created and then maybe a
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Page 40
1 human looks at it before it is sent out. I'm
2 just trying to figure out which way is Bank of
3 America or is there a different way Bank of
4 America does it?
5 A. My understanding is that there is no
6 human decision-making on the -- when deciding to
7 send the letter, that it is done -- I understand
8 it to be done every evening. Nightly they --
9 the system will -- there's, like, a macro or
10 some sort of process computer -- I'm not a
11 computer person, but there's some sort of
12 computer program run across our servicing
13 platform that would pull all eligible loans
14 based on the criteria. You know, we do have
15 investor requirements or the state requirements
16 and if, you know, it's in bankruptcy there's
17 certain codes that would cause a loan that would
18 need a breach letter to not be on that list, and
19 then there's sort of a database created or,
20 like, there's some sort of list of loans with
21 all of the pertinent information. And then,
22 again, it's a computer process that would apply
23 the proper template --
Page 41
1 Q. Okay.
2 A. -- for each letter. But, again, I
3 don't think that there is a person making the
4 decision on each and every loan.
5 Q. And you mention -- I think I heard
6 you say a breach letter. Is that what this is
7 called? I just want to -- I don't care what we
8 call it, I just want to make sure we're on the
9 same page of what we call these things.
10 A. That's what we often will call these
11 a breach letters --
12 Q. A breach letter?
13 A. -- or notice of intent.
14 Q. So I'll try to use one of those
15 expressions.
16 A. Uh-huh.
17 Q. What's the servicing platform that's
18 used? What is the name of that?
19 A. AS/400.
20 Q. And you said that there can be some
21 human involvement, I guess, quality assurance
22 human involvement. Do you know is that done on
23 every single letter, or is that we sample one
(10) Pages 38 - 41
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 42
1 out of 100, one out of 1,000?
2 A. I understand it to be a sampling.
3 Q. Okay.
4 A. And then additionally I should also
5 say that there is a manual process. This is the
6 automated process. There is a manual process.
7 So if, for example, there were to be a reason
8 that a new notice of intent would need to be
9 sent out and that would not be captured -- so
10 there is a mechanism for an individual to say,
11 "This one needs a letter."
12 Q. And what level employee, however you
13 describe them by title, position, rank,
14 whatever, would have the authority to manually
15 cause one of those letters to be created?
16 A. I'm not exactly certain. It's
17 something that, as I understand it, it would be
18 if -- again, it would be more of a one-off
19 circumstances, so individual circumstances. So
20 if -- for example, I've seen in that there's
21 litigation on the loan, that's preventing the
22 breach letter from being mailed but in order to
23 advance the litigation, we need that letter to
Page 43
1 be sent, like, my department can request to send
2 it and then they would -- to that department and
3 then that department, at some level, they would
4 make a decision as to whether to pull the
5 trigger and to send --
6 Q. Okay.
7 A. -- and create the letter. Again, it
8 would still be the same template. There isn't
9 any difference in the language itself, it's just
10 a matter of -- like I said, there's certain
11 circumstances or other occasions where a letter
12 might need to be sent.
13 Q. So if a manual letter might needed
14 to be sent, some committee or a single person
15 would decide that, they'd press a button, F5 on
16 the keyboard, or they put in a certain code and
17 then the computer generates the letter?
18 A. I -- I don't have that level of
19 understanding of how -- if it's a button to be
20 pushed or --
21 Q. Yes. I'm just saying they do
22 something --
23 A. Yes.
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Page 44
1 Q. -- that then the computer generates
2 the letter?
3 A. Yes.
4 Q. And are the breach letters actually
5 printed at the Bank of America, put in an
6 envelope and mailed from Bank of America or is
7 there, like, a fulfillment house or some shop
8 that does that for you guys?
9 A. I am not certain for the Alabama
10 letter if they are done using a vendor or if
11 they are done in-house.
12 Q. Okay. Some parts of the country a
13 vendor does it; some parts it's done in-house?
14 A. Yes.
15 Q. Okay. So let's go back to Paragraph
16 22. And we're looking at -- under this invoking
17 the power of sale.
18 A. Okay.
19 Q. "If lender invokes power of sale,
20 lender shall give a copy of the notice to
21 borrower in manner provided in Section 15." You
22 have no opinion about whether Bank of America
23 must give a copy of a notice to the borrower?
Page 45
1 A. Other than to the extent that shall
2 means must or that -- I don't -- I --
3 Q. That's what I'm asking.
4 A. Right.
5 Q. Does shall mean must --
6 A. I --
7 Q. -- or does shall mean maybe, on a
8 whim, possible? What does it mean?
9 A. I have no reason to believe that we
10 would not have complied with this paragraph.
11 Q. Sometimes there are vague words in
12 the human language; right?
13 A. Uh-huh.
14 Q. The English language; right?
15 A. Right.
16 Q. Shall is not vague, is it?
17 A. I suppose not.
18 Q. Okay. So, tell me if you and I can
19 agree that Bank of America must give a copy of a
20 notice to the borrower?
21 A. I have no reason to believe that we
22 would not.
23 Q. So they must do it?
(11) Pages 42 - 45
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 46
1 A. I suppose.
2 Q. Well, I don't want you to guess, but
3 if -- if -- it's either yes, no, or I have no
4 idea.
5 A. Then I don't know.
6 Q. Okay. Then look at the sentence,
7 "Lender shall publish the notice of sale once a
8 week for three consecutive weeks in a newspaper
9 published in Jefferson County, Alabama," and
10 we'll stop there. So, again, when it says
11 "shall publish the notice," you have no opinion
12 as corporate representative of Bank of America
13 whether that means that Bank of America must or
14 it's optional to publish the notice once a week
15 for three weeks; right?
16 A. I have no opinion as -- that's
17 correct.
18 Q. Okay. And when it says "once a
19 week," you have no opinion whether that
20 literally means once a week or does it mean five
21 times a week or seven times a week? You have no
22 opinion?
23 A. Our opinion is that we rely on our
Page 47
1 counsel -- foreclosure counsel in the states to
2 follow the laws of the state. And so to the
3 extent that this mirrors the language in the
4 laws of Alabama, then I believe we complied with
5 everything.
6 Q. Okay. And we'll get to whether or
7 not Bank of America complied with it. I'm just
8 trying to understand when it says you shall do
9 this once a week for three consecutive weeks,
10 does that mean that you have to do it once a
11 week for three consecutive weeks or does it mean
12 it's optional?
13 A. Again, the document speaks for
14 itself. So to the extent that it is a
15 requirement, then that it's a requirement.
16 Q. What does that mean "the document
17 speaks for itself"?
18 A. That the document states what it
19 states.
20 Q. And what does it state?
21 A. That the lender shall publish a
22 notice of sale once a week for three consecutive
23 weeks in a newspaper published in Jefferson
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Page 48
1 County, Alabama.
2 Q. So you've used that expression
3 twice, "the document speaks for itself." That's
4 what it says, and that's what it means; right?
5 A. Yes.
6 Q. And Bank of America must follow what
7 this Defendants' Exhibit 1, the mortgage, says;
8 right?
9 A. Yes.
10 Q. And then it says this newspaper must
11 be published in Jefferson County. Does that
12 mean it has to be published in Jefferson County
13 or can Bank of America say, "You know, I don't
14 like doing it in Jefferson County. Let's do it
15 in Mobile County"?
16 A. Again, these are things that we
17 would rely on our foreclosure counsel to
18 determine. And so to the extent that we're --
19 that this is -- it says that we should do it in
20 Jefferson County and assuming -- I would assume
21 that the property hasn't changed counties, then
22 that's the proper county.
23 Q. There's no indication on this
Page 49
1 Defendants' Exhibit 1, which is a document that
2 you guys produced to me, no indication that the
3 mortgage has changed as far as the county or
4 anything like that; right?
5 A. As far as I could see in the
6 documents, I just know sometimes there have been
7 situations where it was either recorded in the
8 wrong county or, you know, county lines move
9 occasionally. And so to the extent that the
10 county line would have moved or somehow the
11 property wasn't supposed to be in Jefferson
12 County and it turns out it was next door --
13 Q. Right.
14 A. -- those are the situations that I'm
15 talking about.
16 Q. Putting those aside --
17 A. Uh-huh.
18 Q. -- you do it in Jefferson County,
19 right, as far as the newspaper advertisement?
20 A. I have no reason to believe
21 otherwise, that's correct.
22 Q. And then it says, "And thereupon
23 shall sell the property to the highest bidder at
(12) Pages 46 - 49
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 50
1 publish auction." Did Bank of America have the
2 option to sell it to somebody who's not the high
3 bidder?
4 A. I don't believe so, no.
5 Q. Pretty clear, right, to the high
6 bidder?
7 A. That's what it states, yes.
8 Q. And it's got to be at a public
9 auction.
10 A. Okay.
11 Q. I meant that as a question. It has
12 to be at the public auction; right?
13 A. That's what the document states,
14 yes.
15 Q. And that's what Bank of America has
16 agreed to be bound by; right?
17 A. Yes.
18 Q. When Bank of America took over the
19 servicing of this loan -- nobody made Bank of
20 America take the servicing of this loan; right?
21 A. Not to my knowledge, no.
22 Q. Nobody said, "We're going to put the
23 CEO in jail if you don't take the servicing of
Page 51
1 this loan"?
2 A. No.
3 Q. Okay. And when Bank of America
4 decided to become the investor of this loan,
5 2013, nobody made Bank of America do that;
6 right?
7 A. I don't know.
8 Q. Well, in all your experience at Bank
9 of America, how many loans do you recall where
10 Bank of America said, "We don't want that loan"
11 but they were forced to accept the loan?
12 A. It happens.
13 Q. Tell me when it happens.
14 A. So we have contracts or agreements
15 with the investors and then there are occasions
16 where the investor will make a claim under their
17 representative -- or reps and warranties under
18 that agreement and that we're required to
19 repurchase the property or the loan, so we don't
20 really have a choice --
21 Q. That's --
22 A. -- necessarily.
23 Q. I'm sorry. That's when your -- I'm
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Jessica Woodbridge
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Page 52
1 sorry. Is that when you're a servicer, the
2 investor may say we're invoking such and such
3 clause and we're going to make your purchase
4 this loan?
5 A. It's when we're the servicer -- I'm
6 not really sure if it's because we were the
7 servicer or because we were -- we had sold the
8 loan to that investor in the first place. But
9 in any event, there are situations where -- and
10 I didn't look into the circumstances or
11 situation that we acquired the loan in 2013 --
12 Q. Okay.
13 A. -- other than seeing that we did.
14 Q. But even in that situation you've
15 described, that's a contract that Bank of
16 America entered into with the investor to say if
17 X, Y, Z happens then we can be forced to
18 purchase this loan; right?
19 A. Yes.
20 Q. In other words, nobody -- just some
21 stranger doesn't come up to Bank of America and
22 say, "Here are 10,000 loans in Alabama, we're
23 making you buy these loans"; right?
Page 53
1 A. That's correct.
2 Q. Okay. So Bank of America
3 voluntarily took this loan and they voluntarily
4 agreed to be bound by this mortgage; correct?
5 A. Yes.
6 Q. So go back to Paragraph 22, that
7 section that we're looking at about the
8 nonjudicial sale. It says, "The highest bidder
9 at public auction at the front door of the
10 county courthouse." Can Bank of America say,
11 "We're more a back door people, not front door,
12 so we're going to do the sales at the back door
13 of the courthouse"? Or does Bank of America
14 have to do it at the front door of the
15 courthouse?
16 A. This document states "front door of
17 the county courthouse."
18 Q. And so that's what Bank of America
19 has to do?
20 A. I have no reason to believe
21 otherwise. But, again, I -- I don't know if the
22 -- I don't know anything about -- I'm not a
23 licensed attorney in Alabama, so I don't know if
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 54
1 there are state laws or county laws that would
2 supersede or change or alter the location of the
3 sale.
4 Q. Assume no state law, no county law,
5 no city law that would alter it, then Bank of
6 America, if it wants to conduct a nonjudicial
7 foreclosure, must do that at the front entrance
8 of the courthouse; correct?
9 A. Yes.
10 Q. And then it says, "Of the county
11 courthouse of this county," "this county" being
12 Jefferson County; correct?
13 A. Yes.
14 Q. So, again, Bank of America cannot
15 say, "You know, we're going to do this in
16 Madison County or St. Clair County or Shelby
17 County or Mobile County or Tuscaloosa County,
18 they have to do it in Jefferson County; right?
19 A. That's what this document states,
20 yes.
21 Q. And that's what you know Bank of
22 America is required to do because the document
23 says that; right?
Page 55
1 A. Yes.
2 Q. If you look at the next sentence,
3 "Lender shall deliver to the purchaser lender's
4 deed conveying the property." It's not
5 optional; if somebody purchases the property, we
6 know that has to be the high bidder, then the
7 deed must be provided; correct?
8 A. Okay. That's what the document
9 states, yes.
10 Q. And that's what you agree as the
11 corporate representative of Bank of America?
12 A. Yes.
13 Q. Okay. All right. Now, let's go
14 back up to the previous paragraph. You'll see
15 about midway through that paragraph it says,
16 "The notice shall further inform borrower of the
17 right to reinstate after acceleration and the
18 right to bring a court action to assert the
19 nonexistence of default or any other defense of
20 borrower to acceleration and sell." Do you see
21 that?
22 A. Uh-huh, yes.
23 Q. And you spent some time before this
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Jessica Woodbridge
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Page 56
1 deposition looking at that sentence in
2 particular, didn't you?
3 A. I'm not sure that I did, but I did
4 read it, yes.
5 Q. Okay. Now there's a word again
6 "shall." So you and I can agree that the notice
7 must do whatever it says in the rest of the
8 sentence; correct?
9 A. That's what this document states,
10 yes.
11 Q. And that's what you as the corporate
12 representative of Bank of America agreed to?
13 A. Again, I mean, the document speaks
14 for itself. It says what it says, and I'm not
15 here to provide a legal analysis of what that
16 means or whether the notices complied or did not
17 comply with it. I can simply state I'm here to
18 present the facts.
19 Q. Well, with all due respect, you're
20 here to answer my questions. I'm not asking you
21 as a lawyer; I'm asking you as the corporate
22 representative. And the question is: When it
23 says, "The notice shall further inform borrower
Page 57
1 of the right to reinstate after the acceleration
2 and the right to bring a court action to assert
3 a nonexistence of a default or any other defense
4 borrower to acceleration to sell," does that
5 mean that the notice must do that?
6 A. I mean, it states that it should or
7 that we should, yes.
8 Q. It states that you should do that?
9 A. It states shall.
10 Q. Okay. And as corporate
11 representative, this is a major issue in the
12 case and you're here to testify about it, does
13 that mean that it's optional for you or does
14 that mean that you must do that?
15 A. I don't know.
16 Q. Okay. Now when it says, "the right
17 to reinstate after acceleration," does the
18 notice have to tell the borrower that they have
19 the right to reinstate after acceleration?
20 A. Again, the document speaks for
21 itself. It states what it states.
22 Q. And what does it state?
23 A. "The notice shall further inform the
(14) Pages 54 - 57
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 58
1 borrower of the right to reinstate after
2 acceleration and the right to bring a court
3 action to assert the nonexistence of a default
4 or any other defenses of borrower to
5 acceleration and sale."
6 Q. Okay. So does the notice under
7 Paragraph 22, must it tell the borrower that the
8 borrower has the right to reinstate after
9 acceleration?
10 A. Again, the document speaks for
11 itself. It states what it states and I cannot
12 provide an analysis -- a legal analysis of what
13 that cause or what the sentence means. It
14 states what it states.
15 Q. I'm not asking you for a legal
16 analysis. I'm asking you as the corporate
17 representative, Bank of America has to decide
18 whether it sends a notice or not and what that
19 notice says and we've agreed that this contract,
20 this mortgage is binding on Bank of America.
21 And I'm just simply asking you, when it says
22 that Bank of America shall do this, does that
23 mean Bank of America must do this? It's not a
Page 59
1 legal question. It's a very simple question.
2 A. I -- I think that -- I can't answer
3 it without -- I think it is a legal analysis. I
4 can't answer that question. I'm not trying to
5 be difficult, but you're asking me to provide a
6 legal conclusion, which I can't do as a -- I
7 just don't have that information.
8 Q. What information do you need --
9 A. I --
10 Q. -- to understand what this sentence
11 means?
12 A. Again, you're asking me to do a --
13 to draw a legal conclusion, and it's just not
14 something I can do.
15 Q. I'm not asking you to draw a legal
16 conclusion. You said you do not have the
17 information. My question is: What information
18 do you need to be able to understand when it
19 says "the notice shall" whether that means that
20 it must or not?
21 A. I don't know how else to answer the
22 question except for it to be a legal conclusion,
23 and so I would -- I'd need to know, I guess,
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Page 60
1 case law or review the legal -- the laws in this
2 state. I'm not a licensed attorney in this
3 state and I'm not practicing -- I'm not a
4 practicing attorney and I'm not practicing for
5 Bank of America and so I don't know how else to
6 answer that question. The document states what
7 it states and that's all I know.
8 Q. And you have no opinion beyond what
9 it states, is that a fair statement?
10 A. I do not have any opinion.
11 THE VIDEOGRAPHER: So --
12 Q. (By Mr. Watts:) So you would not --
13 MR. WATTS: We can go ahead.
14 THE VIDEOGRAPHER: You want to go
15 ahead --
16 MR. WATTS: Yeah.
17 THE VIDEOGRAPHER: This ends
18 Videotape Number 1 of the deposition of Jessica
19 Woodbridge. The time is 11:14 a.m.
20 (A short recess was taken.)
21 THE VIDEOGRAPHER: This marks
22 beginning of Videotape Number 2 of the
23 deposition of Jessica Woodbridge. The time is
Page 61
1 now 11:33 a.m.
2 Q. (By Mr. Watts:) Okay. And we'll get
3 started back in just a second. I do want to
4 state for everybody here Rhonda Hood is here,
5 she's my co-counsel in the case, she will be
6 filing a notice of appearance, but I'll still be
7 the one asking you the questions.
8 So we were talking in Paragraph 22
9 about the -- I think you called it the breach
10 notice. And when it says, "shall further inform
11 borrower of the right to reinstate after
12 acceleration and the right to bring a court
13 action," and I think the last question I asked
14 you was whether this is a requirement and you
15 were saying that you would have to have more
16 information to be able to answer that. And I
17 think I asked you what additional information
18 you needed. And so just walk me through that
19 again. Is this something you cannot give me an
20 opinion on as the corporate representative of
21 Bank of America?
22 A. So my only understanding of Bank of
23 America's opinion and position is that we comply
(15) Pages 58 - 61
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 62
1 with all of the -- and our belief and our -- is
2 that we comply with all of the mortgage clause
3 requirements, that we comply with, you know,
4 state, federal, local laws and investor
5 requirements. And I don't have any opinions or
6 have any knowledge of particular opinions about
7 particular sections or interpretations of the
8 mortgage clauses.
9 Q. Well, let's put aside opinions.
10 What is the policy and procedure of Bank of
11 America when sending a breach notice; must it
12 inform the borrower of the right to reinstate
13 after acceleration?
14 A. I don't know.
15 Q. The same answer on whether it must
16 inform the borrower that they have the right to
17 bring a court action?
18 A. I don't know.
19 Q. What's Bank of America's position
20 for why this section is in this uniform
21 instrument about "the notice shall inform
22 borrower of the right to reinstate after
23 acceleration and the right to bring a court
Page 63
1 action"?
2 A. I don't know what our position would
3 be. It's not -- this is not a document -- we
4 did not originate this loan, so this is not a
5 document created by us in the first place. And
6 the uniform instrument, Bank of America, N.A.,
7 had no insight or -- we did not draft or create
8 the mortgage documents --
9 Q. Okay.
10 A. -- the uniform instrument.
11 Q. So Bank of America had no
12 involvement with the creation of the uniform
13 instrument?
14 A. Not to my knowledge, no.
15 Q. Okay. And given that what you just
16 said, Bank of America had no involvement with
17 this, but Bank of America knew when it bought
18 this loan in 2013 that this uniform instrument
19 went with this loan?
20 A. Yes.
21 Q. Okay. And if it did not want to
22 follow this uniform instrument, Defendants'
23 Exhibit 1, it could have chose not to purchase
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1 the loan; correct?
2 A. That's correct.
3 Q. Okay. And if after purchasing the
4 loan Bank of America said, "We're just not going
5 to follow this Paragraph 22," it could have
6 transferred or sold or given the loan to some
7 company that would follow it; right?
8 A. I suppose. It's difficult for me to
9 speculate as to what -- since it didn't happen
10 in this case. We were the investor and the
11 servicer at the time of the notice of intent or
12 the breach letter was sent.
13 Q. And you're very familiar with all
14 the tens of thousands of loans that Bank of
15 America has that loans are sold between
16 different mortgage companies; right?
17 A. Yes.
18 Q. Sometimes Bank of America is buying
19 them; sometimes Bank of America's selling them?
20 A. Yes.
21 Q. And you've mentioned a couple of
22 times about investor -- I don't know if you said
23 guidelines or requirements. Tell me about that.
Page 65
1 Because you said you make sure and follow the
2 investor -- is it the guidelines or
3 requirements?
4 A. It depends on the investor. The
5 GSEs have guidelines and so I -- we could call
6 them guidelines.
7 Q. Okay.
8 A. But, you know, private investors and
9 our investing -- investor -- we have our own
10 internal requirements --
11 Q. Right.
12 A. -- for certain aspects of servicing
13 the mortgage.
14 Q. But if an investor, Fannie Mae,
15 Freddie Mac, whoever, private, if they said,
16 "Ignore what's in the mortgage; do what we tell
17 you," Bank of America would say, "Now, wait a
18 minute. We have to follow the mortgage"; right?
19 A. I don't know.
20 Q. And as of 2013, Bank of America, you
21 told us, was the investor in this loan?
22 A. Yes.
23 Q. Okay. So are -- does Bank of
(16) Pages 62 - 65
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 66
1 America as an investor have different
2 requirements as far as issuing a breach letter
3 than Bank of America would have as the servicer?
4 A. So Bank of America as servicer would
5 have no specific requirements as to the breach
6 letter. We follow whatever our -- whatever
7 we're required to follow, be it the mortgage or
8 the -- if we're determining the timing of when
9 we send the letters, that would be investor
10 specific. So we just -- that's our policy or
11 procedure would be to send it whenever they say
12 they need it sent based on state law and on,
13 like I said, the investor and the mortgage.
14 Q. Right.
15 A. But to the extent that there's a
16 requirement of when the actual -- how long the
17 loan must be in default before we send the
18 letter, that's going to be investor specific.
19 Q. Okay. And so with Bank of America
20 being the investor, it would have its own
21 requirements that Bank of America as the
22 servicer, even though it's one in the same, that
23 Bank of America would follow?
Page 67
1 A. Yes.
2 Q. Okay. Now, going back to this where
3 it says "Notice shall inform the borrower," and
4 we'll just take this first one, "of the right to
5 reinstate after acceleration." Is it Bank of
6 America's policy and procedure that that notice
7 can say instead of the right to reinstate, it
8 can say the possibility of reinstating?
9 A. I don't know.
10 Q. Could it say, "There's a chance you
11 could reinstate"?
12 A. I don't know.
13 Q. Could it say, "You should go
14 research the law, research your mortgage
15 documents and then determine if you have the
16 right to reinstate"?
17 A. I don't know.
18 Q. No position as the corporate
19 representative for Bank of America?
20 A. I have no knowledge of the decision
21 making -- again, on how we create our templates
22 and the language we chose to use. We would have
23 -- additionally, there's question -- we use
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Page 68
1 attorneys -- our in-house legal team and outside
2 legal team to help us draft the legal notices.
3 So there would be some attorney/client privilege
4 concerns as well in knowing the opinions or
5 reasoning behind the language that was chosen in
6 each letter that was sent.
7 Q. Is it a fair statement that this
8 would not have been just one person deciding
9 what to put in the breach letter, that would be
10 a team effort maybe involving attorneys,
11 involving people from various departments?
12 A. I would believe it to be a team
13 effort, and it would definitely involve
14 attorneys.
15 Q. Okay.
16 A. And I'm not sure about whether it's
17 other departments or not.
18 Q. So besides the in-house legal
19 department and outside legal counsel, who would
20 know at Bank of America how Bank of America
21 interprets this language? You can tell me by
22 name or by position or by title. I'm just
23 trying to figure out who I would need to talk to
Page 69
1 to get answers to my questions.
2 A. Again, we would be doing it all with
3 attorneys and there is a breach in compliance
4 letter team, and so I don't have any more
5 information about any individual on that team or
6 -- I mean, I can't name any names from that, but
7 there is a team that is -- handles these breach
8 letters.
9 Q. Who's in charge of that breach
10 department?
11 A. I don't know.
12 Q. Do you know what their title would
13 be? Is this, like, a vice president -- or I
14 don't know what the names are at Bank of
15 America.
16 A. I honestly don't know what -- under
17 what organizational structure what -- who they
18 report up to or anything like that.
19 Q. Okay. You just know the name of the
20 department is the breach in -- is it breach in
21 compliance department or --
22 A. That's my understanding is, yeah,
23 breach in compliance letter department,
(17) Pages 66 - 69
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 70
1 something to that effect.
2 Q. Okay. Let me show you what I will
3 mark as Defendants' Exhibit Number 2.
4 (Defendants' Exhibit 2 was
5 marked for identification.)
6 Q. And this is Bates-stamped Bank of
7 America 442 through 443. Take some time and
8 look at that letter. I'm not sure if you have
9 seen that before.
10 A. I have seen it before.
11 Q. Okay. This would be one of those
12 breach letters that we've been talking about?
13 A. Yes.
14 Q. Okay. And this was sent by the
15 previous servicer, Countrywide Home Loans?
16 A. It was sent by Countrywide Home
17 Loans Servicing, LP.
18 Q. Okay. And did you tell me that that
19 company merged into Bank of America or Bank of
20 America bought that company? Or tell me what
21 happened.
22 A. So Bank of America Corporation,
23 which is the parent corporation to Bank of
Page 71
1 America, N.A., acquired Countrywide Financial
2 Corporation, which I believe is the parent
3 corporation to all of the Countrywide entities,
4 and then -- and that was in 2008. And then this
5 -- the Countrywide Home Loan Servicing, LP,
6 changed its name to BAC Home Loan Servicing, LP,
7 and then that entity eventually merged into Bank
8 of America, N.A.
9 Q. Okay. So let's look at this
10 December 17, 2007, letter. Look at the -- do
11 you see that first part, it's got the total due,
12 the $3,286. Start counting below that. I want
13 you to look at the third paragraph, and I'll
14 read it if you want to read along with me. It
15 says, "If the default is not cured on or before
16 January 16, 2008, the mortgage payments will be
17 accelerated and the full amount remaining
18 accelerated and becoming due payable in full and
19 foreclosure proceedings will be initiated at
20 that time." And you can see that the "will be
21 accelerated" is bolded. Do you see that?
22 A. I do.
23 Q. Okay. Now look back at Defendants'
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Page 72
1 Exhibit 1, Paragraph 22, and if you look at
2 Section D, you'll remember that we said this
3 breach letter has four requirements about the
4 default, that it tell you the default, that it
5 tell you the amount or the way to cure the
6 default, the deadline to cure the default and
7 then what will happen if you do not cure the
8 default. And do you see in Section D it says,
9 "That failure to cure the default on or before
10 the date specified in the notice may result in
11 acceleration." Do you see that?
12 A. Yes.
13 Q. And you've told me several times,
14 "The document speaks for itself." So how is it
15 speaking to us there?
16 A. Just that it states what it states.
17 Q. That it will be accelerated or may
18 result in acceleration?
19 A. Just -- it just states what the
20 notice shall specify, and then that's one of the
21 conditions that it -- "Failure to cure the
22 defaults on or before the date specified in the
23 notice may result in acceleration."
Page 73
1 Q. Okay. And then look back at
2 Defendants' Exhibit 2, does it say may or will?
3 A. It states will.
4 Q. Okay. What's the position of Bank
5 of America on whether or not this complies --
6 Defendants' Exhibit 2, complies with Paragraph
7 22 of Exhibit 1?
8 A. Our opinion and position is that it
9 does comply.
10 Q. Okay. How do you know that opinion?
11 A. Because that's the -- our opinion
12 and position is that we comply with all terms of
13 the mortgage and the -- you know, all the other
14 state, local laws, all of that, and the investor
15 requirements. And so if that's the -- then if
16 that's our position at that level, then we would
17 not have created the letter that did -- that we
18 do not believe that complied with Paragraph 22.
19 Q. Okay. So your position is all the
20 breach letters were accurate, so whatever they
21 say must therefore comply with Paragraph 22;
22 that's the position of Bank of America?
23 A. That is our position is that all of
(18) Pages 70 - 73
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 74
1 our breach letters complied with Paragraph 22.
2 Q. Okay. Even though Paragraph 22
3 says, "may result," and this says, "will be
4 accelerated"?
5 A. I mean, that's -- like, again, I
6 don't have any other information other than our
7 position is that all of our breach letters
8 complied with all of the requirements in
9 Paragraph 22.
10 Q. Okay. So look at the next
11 paragraph. It says, "You may, if required by
12 law or your loan documents, have the right to
13 cure the default after the acceleration." And
14 then it goes on a little bit, but I want you to
15 look at Defendants' Exhibit 1, Paragraph 22 and
16 tell me the opinion or the position of Bank of
17 America about whether or not saying, "You may,
18 if required by law or your loan documents, have
19 the right to cure the default," is that
20 consistent with Paragraph 22?
21 A. Our position is that it is, yes.
22 Q. Okay. And you see in Paragraph 22
23 it talks about the right to reinstate after
Page 75
1 acceleration. And this talks about curing the
2 default after acceleration if required by law
3 and if your documents allow. And you view those
4 as the same or being in compliance with each
5 other?
6 A. Yes.
7 Q. Okay. And if you look at the last
8 sentence of that paragraph, it says, "Further,
9 you may have the right to bring a court action
10 to assert the nonexistence of a default or any
11 other defense you may have acceleration of
12 foreclosure." In saying that "you may have the
13 right," it's your position that that is exactly
14 the same thing as Paragraph 22 saying to tell
15 the borrower, "you have the right to bring a
16 court action"?
17 A. Our position is yes.
18 Q. "May have" and "you do have," Bank
19 of America views those as exactly the same?
20 A. Again, I mean, our position is that
21 this breach letter complied with Paragraph 22,
22 so that was in -- that language was in
23 compliance with Paragraph 22.
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1 Q. And I understand that the position
2 has come from on high that all of our letters
3 were in compliance, but I'm asking you, as the
4 corporate representative, why do you believe
5 that language of "you may have the right," why
6 do you believe that's in compliance with the
7 Paragraph 22 saying that "you have the right"?
8 A. Again, our position is that these --
9 that there -- it's the same, so I don't
10 understand -- I -- it appears -- it appears to
11 comply with Paragraph 22. I don't see there to
12 be an issue.
13 Q. And, again, I'm not asking whether
14 somebody at Bank of America has said, "We
15 complied with all breach letters and the
16 mortgages." I'm asking about this specific
17 letter, this specific mortgage, why do you, as a
18 corporate representative of Bank of America,
19 believe that it is the same thing to say, "You
20 may have the right to bring a court action,"
21 when the mortgage says to "tell the borrower you
22 have the right to bring a court action"? Why do
23 you think those are the same?
Page 77
1 A. I don't see how they're different.
2 I -- I don't -- and you appear to be asking me
3 for my personal opinion. I'm stating that our
4 position is -- of the bank is that this letter
5 or our letters complied with the Paragraph 22
6 language.
7 Q. Well, what I'm actually asking you
8 is as the corporate representative that's been
9 designated by Bank of America to speak in this
10 litigation, I'm asking you not do you believe
11 all your letters comply but why do you believe
12 this specific language complies with Paragraph
13 22?
14 A. I believe our position is that
15 there's no distinction or difference in the
16 meanings of the language and that this language
17 complied with those requirements.
18 Q. So no distinction, no difference
19 between "you have the right to reinstate" or
20 "you may have the right to reinstate," or "you
21 have the right to bring a court action" or "you
22 may have the right to bring a court action";
23 that's Bank of America's position?
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 78
1 A. As I understand it, yes.
2 Q. Okay. How did you come by that
3 understanding?
4 A. My only understanding of our letters
5 are that -- is that we wrote them with the
6 intention to comply, and so our position is that
7 that's -- is the language that would work to
8 comply with the clause, the Paragraph 22, so I
9 don't under -- so we wouldn't have drafted
10 something if we intentionally believed it not to
11 comply. It was -- the intention was to always
12 comply with Paragraph 22.
13 Q. And I appreciate you telling me
14 about the intention. But regardless of
15 intention -- let me just ask you this, we'll
16 take it outside Paragraph 22: Is it possible at
17 any time in the history of Bank of America even
18 with the best of intentions that Bank of America
19 has made a mistake? Has that ever happened?
20 A. Yes.
21 Q. And Bank of America, being a good
22 corporate citizen, when it makes a mistake and
23 it realizes that that's hurt a consumer, then it
Page 79
1 tries to fix that problem; right?
2 A. Yes.
3 Q. Yeah. I mean, that's what good
4 corporate citizens do; right?
5 A. Uh-huh.
6 Q. And if they realize they have made a
7 mistake, they apologize for that, don't they?
8 A. Yes.
9 Q. And if Bank of America realizes it's
10 made a mistake and it's harmed a consumer, it
11 doesn't say, "Well, let's do nothing and see if
12 the consumer catches us," it says, "We made a
13 mistake. Let's go fix that"; right?
14 A. Yes.
15 Q. Okay. So the fact that Bank of
16 America has an intention with these breach
17 letters to always comply with the mortgage does
18 not mean that all the letters comply with the
19 mortgage? It's possible Bank of America made a
20 mistake; right?
21 A. I have not seen anything where we --
22 Bank of America believes that they made a
23 mistake on any of their breach letters with the
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Page 80
1 -- any of the form language as we discussed,
2 this is a template, any of that language to
3 where we have discussed or I have not seen any
4 analysis or discussions internally about
5 mistakes. And so I don't believe that our
6 position is there is a mistake in that language.
7 Q. And how did you determine that Bank
8 of America's position is that in all the breach
9 letters they complied with Paragraph 22? Did
10 somebody tell you that? Did you read a memo?
11 Do you just -- you deduced that that's the case?
12 I'm trying to figure out how you came by that
13 premise that you're starting with.
14 A. I have not seen in all of the
15 hundreds if not thousands of cases that I have
16 been involved in with the bank, I have not seen
17 or heard any discussions internally where we're
18 saying this isn't right or that the language is
19 bad. And I know that there's been allegations
20 that way but that's not anything internally that
21 we agree with.
22 We believe that these letters comply
23 and then having seen the policies and knowing
Page 81
1 the intention of these letters are to comply
2 with the Paragraph 22 language.
3 Q. What policies have you seen? I
4 don't think I've gotten any policies and
5 procedures from you, so tell me what policies
6 you're talking about.
7 A. I have seen or I have -- at some
8 point, I don't believe I reviewed it in
9 anticipation of this deposition, but in the
10 past, I've looked at policies regarding the
11 sending of the notice of intent to accelerate
12 and how it's generated and the things of that
13 nature.
14 Q. How do you access that policy? Do
15 you have to go check out a physical binder? Can
16 you look on your computer? How do you get
17 access to that?
18 A. I have access to a portal where the
19 policies and procedures are contained. I
20 believe that they are mortgage related or not --
21 Q. Okay.
22 A. -- or servicing related. I don't
23 believe -- I'm not sure if I have access to the
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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1 entirety of the policies and procedures --
2 Q. But at least --
3 A. -- for all lines of business for
4 Bank of America.
5 Q. But at least the servicing you have
6 access to?
7 A. Yes.
8 Q. And that's easy, there's a table of
9 contents or search function, somehow you can go
10 in there and find out about breach letters;
11 right?
12 A. I can, yeah, form a search for those
13 policies.
14 Q. It's not unduly burdensome to find
15 those policies and procedures, is it?
16 A. It's -- it can be depending on what
17 exactly you're looking for and whether the first
18 -- how it comes up and then to look at how
19 they've changed over time and so it can be
20 difficult.
21 Q. So if I ask somebody to go find me
22 those policies and procedures, would it take
23 them weeks and weeks of working 40 hours a week
Page 83
1 or does it take them, like, 20 minutes if it's a
2 slow search?
3 A. I don't know how -- it would depend
4 on, I guess, what is being looked for and what's
5 needed.
6 Q. How long would it take you to find
7 the policies and procedures at Bank of America
8 for the contents of a breach letter?
9 A. I'm -- I'm not sure it would -- I'm
10 not sure that that policy exists. I have never
11 had to look for the contents of the breach
12 letter, just sort of the overall how they're
13 sent and the intention or that kind of high
14 level --
15 Q. Okay. How long would it take you
16 sitting at your computer to pull me the policies
17 and procedures related to the intention of
18 sending a breach letter?
19 A. I'm not sure.
20 Q. Take you days, weeks or minutes?
21 A. I mean, it could take hours or so
22 depending on, like, the time frame. And I don't
23 have access to all the archives. So if you
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Page 84
1 needed them for over a significant chunk of
2 time, that would actually -- that could take
3 weeks since they're archived. They're not all
4 -- or longer.
5 Q. You have some department that
6 handles the archives, don't you?
7 A. I'm exactly -- I'm not exactly sure
8 how I would reach out if -- to find all of the
9 archive versions of the policies or procedures.
10 Q. Okay. I'm going to show you what I
11 will mark as Defendants' Exhibit 3,
12 Bates-stamped Bank of America 471 and 472.
13 (Defendants' Exhibit 3 was
14 marked for identification.)
15 Q. Do you recall reviewing this letter?
16 A. I'm sure I did. It's part of --
17 I've reviewed the production --
18 Q. Okay.
19 A. -- and so --
20 Q. I think everything we'll look at
21 will be documents that were produced to us, so
22 you would have seen it.
23 So this is a breach letter dated
Page 85
1 April 16, 2009; correct?
2 A. Yes.
3 Q. And I'm assuming your answers would
4 be the same as far as going to that third
5 paragraph where it says "will be accelerated" in
6 bold?
7 A. I see it on this document.
8 Q. Okay. So, in terms of whether that
9 complies with Paragraph 22, you have an overall
10 position that everything Bank of America did in
11 the breach letter complies, but beyond that you
12 have no opinion; is that right?
13 A. That's correct.
14 Q. Okay. And same ting about the next
15 paragraph when it says, "You may, if required by
16 law or your loan document, have the right to
17 cure the default after the acceleration." You
18 have no opinion about whether that complies with
19 Paragraph 22 other than somewhere you read in
20 the policies and procedures about the breach
21 letters, that the intention is to comply?
22 A. Correct. And it's not even
23 necessarily in a policy or procedure about the
(21) Pages 82 - 85
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 86
1 breach letter; it's just in general we comply
2 with all of the, you know, paragraphs in the
3 mortgage. It's not a -- I mean, that's our kind
4 of --
5 Q. Is that an unwritten policy or is
6 that a written policy?
7 A. I'm not sure if I've ever seen it
8 written. I just know that that's what we
9 believe and what we do is comply -- we -- we
10 want to comply with everything. And so we --
11 we're not trying to, you know, dodge or get in
12 trouble with federal or state laws or, you know,
13 we want to do every -- you know, comply with
14 everything that we need to do in order to, you
15 know, service these loans.
16 Q. Including following the mortgage;
17 right?
18 A. Yes.
19 Q. Okay. And then if you look toward
20 the bottom of that paragraph, it says, "Further,
21 you may have the right to bring a court action
22 to assert the nonexistence." Same answer,
23 there's a policy to comply with the mortgage and
Page 87
1 so you assume that language complies with the
2 mortgage?
3 A. Yes.
4 Q. Okay. Even though Paragraph 22 says
5 nothing about it's possible or perhaps or maybe
6 or it's likely that you have the right to do the
7 -- it just says you have the right to bring a
8 court action but you feel that Defendants'
9 Exhibit 3 complies with Paragraph 22; correct?
10 A. I have no reason to believe it
11 doesn't comply. It seems that -- I understand
12 our intentions -- I will state that this is, you
13 know, a predecessor entity and to the extent
14 that they -- you know, I know -- I understand
15 and I know what Bank of America, N.A.'s current
16 intention since -- and since -- and what they
17 were doing since -- with Bank of America, N.A.,
18 I'm not sure, you know, if we're going back to
19 2009 that I've ever reviewed what Countrywide's
20 position but I would have no reason to believe
21 that they would not also want to and be
22 intending in these letters to be complying with
23 Paragraph 22.
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Page 88
1 Q. And you and I agree that simply
2 because Bank of America or Countrywide or any
3 company has the intention to comply does not
4 mean that they have, in fact, complied?
5 A. I mean, I guess it would be up to
6 the courts to decide if they did or did not
7 comply. Our -- we believe that we did comply.
8 Q. No, I understand.
9 A. Correct.
10 Q. You've made that clear. Let's go to
11 the payments. It gives an order that payments
12 are to be processed. And if Bank of America,
13 with the greatest of intentions, said, "We're
14 going to follow that" but they got it reversed,
15 you would agree that that would be a mistake
16 despite great intentions?
17 A. Yes.
18 Q. And it would be in violation of what
19 the mortgage says; right?
20 A. Yes.
21 Q. Despite intentions?
22 A. Yes.
23 Q. And, again, on the intentions,
Page 89
1 you've never read that anywhere, this is just
2 sort of everybody understands at Bank of America
3 that our intention is to comply with the
4 mortgage?
5 A. I cannot think of or recall whether
6 I have read that or whether it's something I
7 understand to be -- you know, something that's
8 been part of my training, part of the, you know,
9 overall discussions or intention -- you know,
10 with the different things that I've reviewed or
11 read I -- it's our, sort of, position or
12 philosophy that we are -- we comply.
13 Q. In all your time at the bank, have
14 you ever seen an instance or more than one
15 instance even where Bank of America did not
16 comply with the mortgage?
17 A. I can't think of anything off the
18 top of my head where I would think that we
19 didn't -- I know that there's allegations that
20 we didn't, obviously, all the time, but I can't
21 think of one where I thought that personally --
22 that I personally was like, "Oh, no. We didn't
23 do the right -- didn't do something that it says
(22) Pages 86 - 89
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 90
1 we have to do in here."
2 Q. And I'm going to put aside for just
3 a moment allegations. I'm talking about as
4 corporate representative of Bank of America, and
5 I'm not asking you whether you remember the
6 specific name, I'm just saying has there ever
7 been a time when you saw that Bank of America
8 did not comply with the mortgage?
9 A. Again, I don't think I have --
10 Q. Okay.
11 A. -- personally, but I -- I just don't
12 think I have. I don't think I have seen it.
13 Q. Have you ever seen a time where Bank
14 of America did not comply with state law
15 regarding mortgages?
16 A. I'm not sure. Again, I don't
17 really, you know, make -- I'm not in the
18 compliance department or department where we're
19 looking at that kind of stuff. And to the
20 extent that I see things, I'm seeing it in --
21 with regards to allegations and I'm not -- I
22 don't really look to see whether they are true
23 or not.
Page 91
1 Q. Well, you investigate the
2 allegations?
3 A. I investigate the facts, and I -- we
4 leave it up to our attorneys to interpret, you
5 know, and to make decisions as to whether or not
6 the allegations are true. So that's -- my
7 position is more just reviewing books and
8 records to see and give -- provide information
9 so others can make decisions about whether the
10 allegations or whether they're seeing mistakes
11 or not.
12 Q. So with respect to state law, you've
13 not seen any of that. How about with respect to
14 federal law? Have you ever seen an instance
15 where Bank of America has violated the federal
16 law in servicing a mortgage?
17 A. My answer would be the same. I
18 don't -- I'm really more just pulling the
19 records and moving them -- reporting them on. I
20 can't think of a time off the top of my head
21 where I've seen that kind of stuff. But,
22 obviously, not all -- I don't think we win -- we
23 don't win every case, so at some point I'm sure
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Page 92
1 that the allegations are found to be true. I
2 just haven't -- personally haven't thought of it
3 that way.
4 Q. I think there have been some big
5 national settlements with various governmental
6 agencies involved in that; right?
7 A. Right. I haven't been involved in
8 any of those and so I don't really know -- and a
9 lot of those are settlements so I'm not really
10 sure of where -- I just haven't read them, so I
11 don't really know what our position or what the
12 facts and whether we agree.
13 Q. Let me show you what I will mark as
14 Defendants' Exhibit 4.
15 (Defendants' Exhibit 4 was
16 marked for identification.)
17 Q. This is Bates stamped 475 to 476.
18 This is dated May 18, 2009. And it looks like
19 -- well, you tell me, is this that BAC Home Loan
20 Servicing, that's now who's sending the letters
21 rather than Countrywide?
22 A. Yes.
23 Q. Okay. And then this entity became a
Page 93
1 part of Bank of America; is that right?
2 A. Yes. And at the time that this
3 letter was being sent, BAC Home Loan Servicing,
4 LP, was a wholly owned subsidiary of Bank of
5 America, N.A.
6 Q. So if I'm looking at this correct,
7 it looks like this has the exact same language
8 as the previous two exhibits. It's got the
9 "will be accelerated" in bold. Do you see that
10 under the dollar amount?
11 A. I do.
12 Q. And then the next paragraph talks
13 about, "You may, if required by law or your loan
14 documents, have the right to cure the default
15 after the acceleration." And then later, "You
16 may have the right to bring a court action to
17 assert nonexistence." The same as what we've
18 looked at before; correct?
19 A. Yes.
20 Q. And your answers would be the same
21 if I asked you the same questions?
22 A. Yes.
23 Q. And I don't mind asking you the
(23) Pages 90 - 93
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 94
1 questions, but if they're going to be the same,
2 then we'll move on.
3 A. They're going to be the same.
4 Q. I will mark as Defendants' Exhibit 5
5 this is Bates-stamped 2,118 to 2,148.
6 (Defendants' Exhibit 5 was
7 marked for identification.)
8 Q. And if you look at the top page,
9 this is in response to a request for
10 information. Are you involved in that part of
11 Bank of America if somebody does a request for
12 information or notice of error or qualified
13 written request?
14 A. No.
15 Q. But you can see here in the third
16 paragraph it says, "As requested, enclosed are
17 copies of the following documents" and it says
18 statements and then notices of intent to
19 accelerate, which is what you and I have been
20 calling a breach letter; right?
21 A. Yes.
22 Q. Okay. So if you will turn to Bates
23 2,121; and this is a letter dated October 16,
Page 95
1 2012 --
2 A. (Witness complies.)
3 Q. Do you see that?
4 A. Yes.
5 Q. Okay. And very similar to what we
6 looked at before, I think at this point it's no
7 longer BAC, it looks like it's just Bank of
8 America?
9 A. Yes, that's correct.
10 Q. Which is -- you tell me, this does
11 not necessarily mean Bank of America is now the
12 investor; it could just be Bank of America is
13 servicing under that name of Bank of America?
14 A. Yes. And, in fact, given the date
15 and what we had discussed before, we would not
16 have been the investor at this time.
17 Q. Okay. Certainly the servicer then?
18 A. We were the servicer, yes.
19 Q. And do you see the third paragraph,
20 again, it's got bolded "will be accelerated"?
21 A. Yes.
22 Q. Okay. It's the same thing we've
23 talked about before, you'd have the same answer
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Page 96
1 to that?
2 A. Yes.
3 Q. Now, I want you to look at the next
4 paragraph or actually -- yeah. Let's look at
5 the next paragraph. At the bottom of that
6 paragraph it says, "Further, you have the right
7 to assert in the foreclosure proceeding," what
8 is the foreclosure proceeding?
9 A. It would be if there were a
10 foreclosure proceeding in a court.
11 Q. Okay.
12 A. So this -- if it were a judicial
13 foreclosure.
14 Q. Okay. And does that happen in
15 Alabama where Bank of America does judicial
16 foreclosures?
17 A. I would have no reason to believe
18 that we could not if we chose -- if we elected
19 to proceed with a judicial foreclosure in
20 Alabama.
21 Q. Okay. And what's the basis of that
22 statement?
23 A. Training that I've received that my
Page 97
1 understanding is we cannot proceed -- that
2 there's judicial and nonjudicial states and then
3 I think there's sort of a quasi judicial. And
4 that in judicial states we may not proceed
5 nonjudicially, but that in nonjudicial states
6 unless, you know -- and, again, you know, just
7 overall that we may chose instead to go to court
8 and do a judicial proceeding.
9 Q. And so when it says in this letter
10 "foreclosure proceeding," that's talking about a
11 judicial foreclosure?
12 A. I would interpret it to mean that,
13 yes. I don't understand -- I wouldn't
14 understand how else they could assert something
15 in a nonjudicial.
16 Q. And so if you back up to that
17 paragraph where it's not the bolded "will be
18 accelerated," if we keep reading that it just
19 says, "will be accelerated with full amount
20 remaining accelerating becoming due and payable
21 in full and foreclosure proceedings will be
22 initiated at that time." Is that talking about
23 a judicial foreclosure?
(24) Pages 94 - 97
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 98
1 A. I believe that that would be more
2 along the lines of the foreclosure would be
3 begun and however it happens in the state that
4 it happens in. There's always the first filing
5 or whatever triggers the -- that's what it's
6 stating, that the proceedings however we proceed
7 are going to be started at that time.
8 Q. So when it says "foreclosure
9 proceedings" in that third paragraph, it means
10 one thing. And then the next paragraph when it
11 says "foreclosure proceedings" it means
12 something different?
13 A. Well, if you read on in that later
14 paragraph, it talks -- it has foreclosure
15 proceedings and/or the right to bring a court
16 action. So it's, you know, kind of -- again,
17 it's -- it's covering the bases for both the
18 judicial and a nonjudicial in the same sentence.
19 Q. And does it say you have the right
20 to bring a court action?
21 A. Yes.
22 Q. Or does it say you may have the
23 right to bring a court action?
Page 99
1 A. It states "may have," but I don't
2 understand the distinction.
3 Q. You know one thing we haven't talked
4 about in this letter is the reinstatement
5 language. Will you find me the reinstatement
6 language in this Defendants' Exhibit 5? Take
7 your time and read it.
8 A. Wait. I'm not sure I understand
9 what you mean by "reinstatement language."
10 Q. No, that's fine. So let's go back
11 to Defendants' Exhibit 1, Paragraph 22. About
12 the middle of the paragraph when it's talking
13 about this breach notice, it says, "The notice
14 shall further inform borrower of the right to
15 reinstate after acceleration." So I'm asking in
16 Defendants' Exhibit 5 where does it say that?
17 A. I'm -- I'm not sure.
18 Q. You don't see it in here, do you?
19 A. I'm not seeing a -- that exact
20 language, no.
21 Q. You don't see any language that's
22 like it or similar to it even if not exact?
23 A. I -- I'm not, no.
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Page 100
1 Q. Okay. Look at, I believe, it's
2 Defendants' Exhibit 3; it's the May 18, 2009,
3 letter. You should have it over there. Do you
4 see that one, May 18, 2009?
5 A. That's Exhibit 4.
6 Q. Four. I'm sorry.
7 A. May 18, 2009; it's Exhibit 4.
8 Q. Okay. So if you look at that and
9 you see kind of as our guide that's got bolded
10 "will be accelerated." If you look at the very
11 next paragraph that's where it talks about
12 having the right to cure the default after
13 acceleration. And then the very next sentence
14 says, "However, BAC Home Loan Servicing and the
15 note holder shall be entitled to" blah, blah,
16 blah. Now, look at the October 16, 2012,
17 letter.
18 A. Okay.
19 Q. You can see the however language but
20 the sentence before it is gone. Do you see
21 that? Take your time in looking.
22 A. Okay. Yeah.
23 Q. Why is it gone?
Page 101
1 A. I don't know.
2 Q. Does this look like a mistake that
3 Bank of America made?
4 A. I don't know. And I don't have
5 enough information to know -- it does not appear
6 -- from my understanding of our belief and
7 understanding on these letters, we believed it
8 to comply with the Paragraph 22 language, and
9 so --
10 Q. So Paragraph 22 says that "You shall
11 further inform borrower of the right to
12 reinstate after acceleration." There's nothing
13 in this Defendants' Exhibit 5, October 16, 2012,
14 letter that says anything about reinstatement
15 but you still believe that it complies with
16 Paragraph 22?
17 A. Yes.
18 Q. What would have to be missing from
19 one of these breach letters for you to say, "You
20 know, that does not comply with Paragraph 22"?
21 A. The only -- I'm not sure.
22 Q. What if it didn't say the -- what
23 the default was, would that still comply with
(25) Pages 98 - 101
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 102
1 Paragraph 22?
2 A. I would believe that it would be a
3 mistake that would have been corrected prior to
4 -- so that to the extent that if it did not
5 contain that information on a one-off letter or
6 the information was, you know, garbled or
7 somehow not -- that that would be corrected by
8 issuing a new breach letter or notice of intent
9 letter.
10 Q. I thought we'd -- and maybe I
11 misunderstood, I thought when we were talking
12 about breach letters we said that there really
13 are no one-off letters. Even if a human being
14 does whatever they have to do to create a
15 letter, it still is going to use the exact same
16 language from the template and the computer
17 system will pull in all of the data fields to
18 populate that template. Am I right about that?
19 A. Yes.
20 Q. Okay. So, why would a one-off
21 letter exist and why would it leave out a
22 crucial term?
23 A. It's not that, it was that if the
Page 103
1 number was somehow not correct or there was a
2 mistake that day in the running of that
3 particular entry, somehow something got off and
4 so that the letter would -- the total due was
5 either not what was actually totally due or if
6 there was some sort of, you know, nonsense
7 characters or somehow the computer didn't pull
8 it correctly, that's what I mean about one-off
9 situations. I'm not talking about the template
10 itself being issued or the data can -- for the
11 specific loan contained within, if that was bad,
12 then that's how -- that would be something that
13 I could see as a mistake.
14 Q. This October 16, 2012, letter
15 Bates-stamped 2121, does it appear that the
16 reinstatement language was garbled or we got a
17 bad copy? Or does it appear that it's missing?
18 A. The amount to reinstate is on -- is
19 contained in this document.
20 Q. No. I'm talking about Paragraph 22
21 says, "The notice shall further inform the
22 borrower of the right to reinstate after
23 acceleration." Where is that language in the
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Page 104
1 October 16, 2012, letter?
2 A. Again, I'm saying I don't -- as I
3 answered before, I don't see it.
4 Q. Right. It's not in here. And my
5 question to you is: Is that a mistake? And I
6 think your response was what?
7 A. That the -- it was not a mistake in
8 the -- for this particular letter.
9 Q. Okay. So this letter was exactly as
10 Bank of America designed it to be?
11 A. Yes.
12 Q. Okay. Now look over to
13 Bates-stamped 2127.
14 A. Okay.
15 Q. This is a March 21, 2013, letter.
16 Do you see that?
17 A. Yes.
18 Q. And take however long you need to
19 read it, but you'll notice it's got that "will
20 be accelerated" bolded. Do you see that?
21 A. I do.
22 Q. And your answer would be the same
23 about that?
Page 105
1 A. Yes.
2 Q. And if I asked you the same
3 questions about what foreclosure proceedings
4 mean in that paragraph and then the next
5 paragraph that starts off with however, your
6 answers would be the same?
7 A. Yes.
8 Q. And, again, this idea of "you may
9 have the right to bring a court action," you
10 view that to be fully in compliance with
11 Paragraph 22 when it says "you have the right to
12 bring a court action"?
13 A. Yes.
14 Q. Okay. And take your time and look
15 at this and tell me if there's any reinstatement
16 language as Paragraph 22 says shall be there.
17 A. I'm not seeing that language.
18 Q. Even though it's missing, you still
19 feel that this March 21, 2013, letter is in
20 compliance with Paragraph 22?
21 A. Yes.
22 Q. Flip over to Bates Number 2133.
23 A. (Witness complies.) Okay.
(26) Pages 102 - 105
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 106
1 Q. This is a breach letter May 16,
2 2014.
3 A. Okay.
4 Q. And, again, just to kind of get our
5 bearings, if you look at the bottom paragraph,
6 it's not in bold but it still says, "will be
7 accelerated." Do you see that?
8 A. I do.
9 Q. Okay. And your answers would be the
10 same on this?
11 A. Yes.
12 Q. And then if you turn to the next
13 page, 2134, the second paragraph the
14 reinstatement language is back in, isn't it?
15 A. I see the -- that it says about the
16 right to cure, the default and reinstate after
17 accelerate, yes.
18 Q. And then you see the next sentence,
19 the one that we saw in the previous two where it
20 just starts off with however. Do you see that?
21 A. I do.
22 Q. Now, seeing this letter dated May
23 16, 2014, and it has the reinstatement language
Page 107
1 back in it, does that change your opinion about
2 whether the previous two letters were accurate
3 or inaccurate?
4 A. It doesn't change my opinion.
5 Q. Okay. And the fact that this
6 language says, "You may have the right to cure
7 the default and reinstate your loan after
8 acceleration," you view that as being fully in
9 compliance with Paragraph 22?
10 A. Yes.
11 Q. And the same thing about if you look
12 later in that paragraph it says, "Further, you
13 may have the right to bring a court action." Do
14 you see that?
15 A. I do.
16 Q. Okay. So there's no longer the
17 language about a foreclosure proceeding, is
18 there?
19 A. That's correct.
20 Q. Do you think that those previous
21 letters that says foreclosure proceeding, those
22 were simply a mistake?
23 A. No.
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Page 108
1 Q. Okay. And the fact that this says
2 "you may have the right," you believe that's
3 fully in compliance with Paragraph 22?
4 A. Yes.
5 Q. Okay.
6 MR. WATTS: We will take a break.
7 THE VIDEOGRAPHER: This ends
8 Videotape Number Two of the deposition of
9 Jessica Woodbridge. The time is now 12:33 p.m.
10 (A short recess was taken.)
11 THE VIDEOGRAPHER: This marks
12 beginning of Videotape Number 3 of the
13 deposition of Jessica Woodbridge. The time is
14 now 12:36 p.m.
15 Q. (By Mr. Watts:) We will just go a
16 little bit longer and then take a break and then
17 come back. So continuing with that same exhibit
18 that you have in front of you, if you go to
19 Bates 2412, you will see a September 15, 2014,
20 letter.
21 A. Okay.
22 Q. I've gone through the documents. As
23 far as I know, this is the last breach letter.
Page 109
1 I know you said you've reviewed the documents.
2 Is there any other breach letter that you know
3 about other than what we've looked at?
4 A. From my recollection, this is the
5 operative breach letter, the last letter.
6 Q. Okay. And so "operative" meaning
7 this is the letter that the acceleration and
8 then ultimately the foreclosure was built on?
9 A. Yes.
10 Q. Okay. And so we'll actually turn to
11 the next, Page 2143. And this will be similar
12 to what we just looked at. It says, "If
13 required by law or your loan documents, you may
14 have the right to cure the default and reinstate
15 your loan after acceleration of mortgage
16 payments." What does that mean, "required by
17 law"? Bank of America put this in a letter to
18 my clients telling them if required by law, they
19 may have the right to cure the default and
20 reinstate the loan after acceleration, what does
21 that mean?
22 A. What it states, that if there's a
23 state or federal law that requires -- regardless
(27) Pages 106 - 109
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 110
1 of what the loan documents may have, because,
2 again, not all of the loan documents are going
3 to necessarily -- although this is a uniform
4 instrument, not all of them are going to use
5 that uniform instrument. And so my
6 understanding is just if -- this is to state
7 that if the state -- if there's a state, local
8 or federal law that requires regardless of the
9 loan documents, and that the homeowner has the
10 right to cure that that's -- that they don't
11 need to look to the loan documents.
12 Q. So for the Barnes in getting this
13 letter, did state, local, county, city, whatever
14 other type of law, federal law, did it require
15 or did it allow that they have the right to cure
16 or to reinstate after default?
17 A. I don't know about -- I don't know
18 about Alabama laws.
19 Q. So this is a letter sent to
20 nonlawyers, homeowners in Alabama saying, "Hey,
21 go look at the law and figure it out" rather
22 than Bank of America telling them; is that
23 right?
Page 111
1 MR. GERHARDT: Object to form.
2 A. I don't believe that that's what
3 that's stating, no.
4 Q. (By Mr. Watts:) Okay. You're a
5 lawyer and you don't know what the law requires
6 for the Barnes; right?
7 A. That's correct.
8 Q. Okay. So you said that -- my
9 previous question that I didn't get this right
10 about what this says, so tell me what this
11 means. When the Barnes are told, "if required
12 by law, you may have the right to cure the
13 default and reinstate your loan after the
14 acceleration," what does that mean?
15 A. It states if required by law or your
16 loan documents, I don't know if you said that
17 part or not.
18 Q. Right. I'm sorry. We're just
19 focusing on the law, then we will focus on the
20 loan documents.
21 A. Okay. But, I mean, it's hard to
22 separate. The sentence itself does not state
23 that it says --
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Page 112
1 Q. Fair enough.
2 A. -- it has both of them in there.
3 Q. I'll tell you what, we will make it
4 clear for the record. "If required by law or
5 your loan documents, you may have the right to
6 cure the default, reinstate your loan after the
7 acceleration of the mortgage payments and before
8 the foreclosure sale of your property. If all
9 amounts due or past due are paid within the time
10 permitted by law." Did I read the sentence
11 correctly?
12 A. Yes.
13 Q. Okay. So the Barnes get this. What
14 does that mean "if required by law"?
15 A. Simply what it states is if there's
16 some sort of law there that other -- that there
17 otherwise would not be allowed under their loan
18 documents, which in this case their loan
19 documents do permit them to cure the default and
20 reinstate the loan after acceleration, if they
21 were to present us with a check with the
22 reinstatement, we'd have to accept it regardless
23 of whether it was in their loan documents or
Page 113
1 not. That's all it's stating is that if they
2 came to us and asked to reinstate, we could not
3 say no --
4 Q. Is that because --
5 A. -- if it was before the foreclosure
6 sale.
7 Q. I'm sorry. Is that because of the
8 mortgage or because of state, federal, local
9 law?
10 A. In the Barneses' situation, it would
11 be because of their mortgage, whether that their
12 -- like if it -- and so it could be in other
13 individual circumstances that the state or
14 federal law would require that we accept
15 reinstatement. So I'm just not that familiar
16 with it. I can state that there was no check in
17 this -- they never presented us with a check in
18 this particular loan.
19 Q. So as a corporate representative of
20 Bank of America, you have no knowledge of any
21 law -- I'm just focusing on the law right now --
22 any law that would give them this "you may have
23 the right to cure the default and reinstate your
(28) Pages 110 - 113
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 114
1 loan"? It would just be the loan documents in
2 the Barneses' case; is that right?
3 A. I just don't think that the law
4 would matter in this particular case. In their
5 case, the loan documents do give them the right
6 to reinstate so they -- we -- there would be no
7 need to look and to do any research, so I did
8 not perform any research as to whether or not
9 there's any federal laws or state laws or
10 anything -- other types of laws that require us
11 to accept a reinstatement.
12 Q. So did they have the absolute right
13 to reinstate under the mortgage, or was it
14 possible that they could reinstate under the
15 mortgage?
16 A. I think the language in the mortgage
17 states what it states.
18 Q. What is that?
19 A. It states that "The notice shall
20 further inform the borrower of the right to
21 reinstate after acceleration," so they -- it
22 appears -- it's -- that this is informing them
23 of that right in the loan documents.
Page 115
1 Q. So this letter dated September 15,
2 2014, when it says to the Barnes, "if required
3 by law or your loan documents, you may have the
4 right," your testimony as corporate
5 representative of Bank of America that that is
6 the exact same thing as shall inform -- "further
7 inform borrower of the right to reinstate"?
8 A. Yes.
9 Q. Okay. And is there any basis for
10 that statement in your mind other than the fact
11 that the policy at Bank of America is to always
12 follow the mortgage?
13 A. That's the basis of the reason that
14 I answered that. I can't speak to whether I --
15 what I personally -- I mean, I -- you know, I
16 don't want to -- as a corporate representative,
17 I'm here as a corporate representative not as
18 personally to interpret this.
19 Q. Well, you can still give me your
20 personal.
21 A. Well, I personally believe it to be
22 the same, so.
23 Q. Okay.
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1 A. Or --
2 Q. So beyond just that policy that Bank
3 of America did everything right so therefore it
4 must be right, you think that what's in this
5 September letter matches what's in Paragraph 22?
6 A. Yes.
7 Q. Okay. There's no doubt about it?
8 A. I personally -- no. If you're
9 asking for my personal opinion, I believe it to
10 be the same or to be in compliance with the
11 Paragraph 22.
12 Q. You don't view it as watering it
13 down or making it more confusing or ambiguous?
14 A. I don't, no.
15 Q. Okay. You don't think it puts a
16 burden on the borrowers to go check the law or
17 say, "Hey, go read your loan documents. Maybe
18 you have the right to reinstate"?
19 A. No.
20 Q. That's the same thing "you shall
21 tell them you have the right to reinstate"?
22 A. In my mind, yes, that's the same
23 that there's -- that they're the same or it's
Page 117
1 the -- in compliance.
2 Q. And the same thing about you may
3 have the right to bring a court action, which is
4 what the September letter says, that in your
5 mind and as the corporate representative is the
6 exact same thing as Paragraph 22 saying "Tell
7 the borrower they have the right to bring a
8 court action"?
9 A. Yes.
10 Q. What's the purpose of that language
11 about bringing a court action?
12 A. It's so since this is a nonjudicial
13 state, there is no court action that they can
14 just file an answer to, and so they -- the
15 homeowners would need to make a -- take an
16 affirmative step to bring a court action. They
17 would need to file something on their own.
18 Q. Given what you just said, doesn't it
19 make sense that if you tell a borrower, "You
20 have the right to bring a court action," that's
21 different than saying, "You may can bring a
22 court action"?
23 A. I'm not seeing the difference. I
(29) Pages 114 - 117
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 118
1 think that it's something that they -- I'm just
2 not seeing the difference.
3 Q. What if it said it's possible you
4 could bring a court action, do you think that's
5 the same?
6 A. Yes.
7 Q. What if it says, "Look, it's
8 unlikely you could bring a court action. Maybe
9 you can, but it's unlikely," would that be the
10 same?
11 A. It's -- I can't really speculate.
12 I've never seen it in any of the breach letters,
13 that language.
14 Q. I understand.
15 A. Uh-huh.
16 Q. I'm asking you if you saw that,
17 would you say, "No, that's the same as Paragraph
18 22"?
19 A. I'm not certain. I can't speculate.
20 Q. It would give you some pause,
21 wouldn't it? Since Paragraph 22 says you tell
22 them about the right and if the breach letter
23 said it's unlikely you could do this, maybe you
Page 119
1 can, that would give you some serious pause
2 about whether that complies, wouldn't it?
3 A. Yes.
4 Q. Okay. If y'all are good, I think
5 everybody wants to take a break. Let's take a
6 break.
7 THE VIDEOGRAPHER: We are off the
8 record. The time is 12:49 p.m.
9 (The lunch recess was taken.)
10 THE VIDEOGRAPHER: We are back on
11 the record. The time is 1:40 p.m.
12 Q. (By Mr. Watts:) All right. Well, we
13 will get started back here. The last exhibit we
14 looked at had that series of breach letters
15 ending in, I think, September of 2014. What
16 does the breach letter say today in Alabama? Is
17 it the same as it was back in 2014 or has it
18 been modified?
19 A. I'm not sure of the changes, but I
20 understand the template has been modified twice
21 since the 2014 letter was sent.
22 Q. What's your understanding of the
23 modifications that were made?
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1 A. I understand one that was done in
2 2016 was part of an ADA project, which I -- I
3 would read or understand to mean the Americans
4 with Disabilities Act. And then in 2018, I'm
5 not exactly certain of the change.
6 Q. Okay. Would that be the breach
7 department that would know that?
8 A. Yes.
9 Q. The breach letter, whatever that's
10 called?
11 A. Yes.
12 Q. Putting aside any ADA issues, which
13 I don't know anything about that, is it your
14 view as a corporate representative of Bank of
15 America that the letter that we saw, the
16 September 2014 letter, that that fully complied
17 with the mortgage?
18 A. That is our position and our belief,
19 yes.
20 Q. And so if there were changes made to
21 the template, they would not be made in order to
22 comply with the mortgage because your position
23 is you've always complied with the mortgage?
Page 121
1 A. Yes.
2 Q. Right. Going back to when it was
3 Countrywide sending the breach letters, those
4 complied with the mortgage as well?
5 A. Yes.
6 Q. Let me show you what I'll mark as
7 Defendants' Exhibit 6 and it's Bates Number 918
8 to 949.
9 (Defendants' Exhibit 6 was
10 marked for identification.)
11 Q. And these appear to be a series of
12 letters between Bank of America and this Reliant
13 Law Center. I don't know if you recall
14 reviewing these letters when you went through
15 the documents?
16 A. Yes.
17 Q. So let's take a step back. When a
18 third party wants to speak to Bank of America on
19 behalf of a borrower, what is that called
20 internally? Is that a third-party
21 authorization, or do you have some other name
22 for it?
23 A. In order to become an authorized
(30) Pages 118 - 121
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 122
1 third party, they would need -- we would need to
2 have borrower authorization, so I'm not sure
3 what we would exactly call it, but authorization
4 on it or --
5 Q. Okay. I'm just going to call it
6 that. So when you have a third party that's
7 authorized, then does that authorization last
8 indefinitely or does it last only 90 days or how
9 does that work?
10 A. I would believe it would -- to
11 depend on the authorization as given. I know
12 that sometimes the homeowner would provide an
13 authorization that would only last as long as
14 the phone call. So they're the ones -- the
15 homeowners and the borrowers are the ones to
16 determine the length of time of authorization.
17 I don't -- I believe other -- unless they
18 otherwise specify or it's -- it would be an
19 unlimited authorization unless the homeowner
20 says that it's only for a particular period of
21 time.
22 Q. And if the homeowner contacts Bank
23 of America and says, "I don't want that third
Page 123
1 party to be authorized anymore," then -- and
2 maybe they have to fill out a form but whatever
3 they do, Bank of America would then communicate
4 directly with the homeowner?
5 A. Yes.
6 Q. Okay. And in the same way, a third
7 party that has been authorized could reach out
8 to Bank of America and say, "Hey, we no longer
9 want to be authorized to speak for this
10 particular homeowner"?
11 A. I believe that that's possible. I
12 haven't seen it -- I haven't seen anything about
13 how to do that direction.
14 Q. Okay. Well, let's look at Page 918,
15 Bates 918. And this is August 31, 2016. And
16 who is this letter to?
17 A. To Jack J. Barnes, Jr.
18 Q. And it's sent care of the Reliant
19 Law Center; correct?
20 A. Yes.
21 Q. Because Jack Barnes doesn't live in
22 San Diego, California?
23 A. I don't believe so, but I really
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1 have no information that would indicate his --
2 where Jack Barnes actually lives.
3 Q. Okay. At least the property address
4 is in Jefferson County, Alabama; right?
5 A. Yes.
6 Q. Okay. And so this says, "This is to
7 confirm we have removed Reliant Law Center to
8 having access to information regarding your
9 account"; correct?
10 A. That's what it states, yes.
11 Q. And so this would be a template-type
12 letter; right?
13 A. Yes.
14 Q. Okay. And so the letter that says
15 Reliant Law Center is not going to have access
16 to your account, where was that letter sent to?
17 A. It would have been sent to the
18 address on the left-hand side, the care of
19 Reliant Law Center the one in San Diego,
20 California.
21 Q. So why would Bank of America have
22 sent to Reliant Law Center a letter that says,
23 "Hey, we're no longer going to communicate with
Page 125
1 Reliant Law Center"?
2 A. I don't know.
3 Q. Does that look like a mistake to
4 you?
5 A. I -- it's -- it's possible, yes.
6 Q. Why do you have any hesitation about
7 saying that it's a mistake?
8 A. I don't know the process for when --
9 this authorization letter, so I don't know if
10 one of them goes to the Reliant Law Center or
11 the party that's no longer going to be
12 authorized to inform them that they're no longer
13 going to be authorized, so I just don't have
14 information about this.
15 Q. Well, if one went to the third
16 party, whether that happens or not, the letter
17 should definitely go to the borrower saying,
18 "Hey, the third party is no longer" -- your
19 authorized third party, we will be communicating
20 with you; right?
21 A. I believe so, yes.
22 Q. I mean, it wouldn't make sense to
23 only send it to the third party who no longer is
(31) Pages 122 - 125
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 126
1 the third party; right?
2 A. Yes.
3 Q. Okay. Let's look at Bates 919; it's
4 dated September 6, 2016. So it's about six days
5 after the previous letter. Who is this letter
6 sent to?
7 A. To Jack D. Barnes, Jr., care of
8 Reliant Law Center.
9 Q. The same place that authorization
10 was revoked?
11 A. Yes.
12 Q. So why did it go to Reliant Law
13 Center?
14 A. I don't know.
15 Q. Does Bank of America have a policy
16 and procedure to send correspondence to third
17 parties that are not authorized?
18 A. Not as I understand it, no.
19 Q. Right. Because that's going to be
20 private information, you'd send that directly to
21 the borrower; right?
22 A. I don't know.
23 Q. Well, who would you send it to?
Page 127
1 A. I'm -- I'm not sure.
2 Q. All right. Let's look at Bates 921.
3 This is a fax sheet -- cover sheet dated January
4 21, 2017. Do you see that?
5 A. Yes.
6 Q. So now we are -- we're, what, five
7 months or so from when the authorization was
8 revoked, is that right, back in August?
9 A. Yes.
10 Q. Okay. And so this is a fax from
11 Reliant Law Center if you look at the next page,
12 Bates BANA 922. This is from Reliant Law Center
13 dated January 21, 2017. And what's the title or
14 the regarding say up at the top?
15 A. Termination of representation.
16 Q. And then take your time to read it.
17 But, in essence, it says we don't represent
18 these people; communicate directly to them; is
19 that a fair statement?
20 A. Yes.
21 Q. So look at Bates 923, this is dated
22 January 26, 2017. Sort of the big headline is,
23 "We need more time to research your home loan
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1 request." And who is that sent to?
2 A. To Jack D. Barnes care of Reliant
3 Law Center.
4 Q. Now, why would it be sent to Reliant
5 Law Center when in August of the previous year
6 Bank of America said we've removed them and then
7 we just have a fax from Reliant saying don't
8 communicate with us about the Barnes?
9 A. I don't know.
10 Q. Does that look like a mistake to
11 you?
12 A. I have no -- I don't know.
13 Q. Look at Bates 924, see it's a fax
14 cover sheet dated February 8, 2017, do you see
15 that?
16 A. Yes.
17 Q. And that's from who?
18 A. From the -- it's Brittany Tucker.
19 Q. Okay. And look at the next page.
20 So we were looking at the cover sheet. Who is
21 the actual fax from?
22 A. The -- it states Reliant Law Center.
23 Q. And what is this letter saying?
Page 129
1 A. It is -- states it's a termination
2 of representation.
3 Q. Okay. And it says, "The written
4 notices, correspondence, e-mail, telephone calls
5 should be directed to your borrowers." Is that
6 pretty clear?
7 A. I mean, the doc -- it states what it
8 states.
9 Q. Well, I know it states what it
10 states. And I appreciate you saying that. But
11 is this pretty clear that Reliant Law Center is
12 saying don't talk to us about the Barnes?
13 A. I'm not sure -- I mean, it's -- yes.
14 Q. It's not confusing, is it? It's
15 pretty -- pretty straightforward?
16 A. I suppose, yes.
17 Q. Let's look at Bates Number 926, and
18 this is dated February 11th, 2017. It says, "We
19 need more time to research your home loan
20 request." And that's sent to Jack D. Barnes
21 care of Reliant Law Center in San Diego,
22 California; correct?
23 A. Yes.
(32) Pages 126 - 129
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 130
1 Q. The place that just said, again,
2 don't send stuff to us, that's who Bank of
3 America sent this to; right?
4 A. It is -- it's stated -- it's sent to
5 the Reliant Law Center.
6 Q. Okay. Let's look at Bates Number
7 927, February 15, 2017. Who is this letter
8 directed to?
9 A. To Reliant Law Center.
10 Q. And what is it asking for?
11 A. It is requiring written
12 authorization from our customer in order to
13 communicate with them.
14 Q. And so at least as of February 15,
15 2017, Bank of America does not believe that
16 Reliant Law Center has provided the written
17 authorization that would allow Bank of America
18 to communicate with Reliant Law Center;
19 correct?
20 A. That's correct.
21 Q. So look at Bates 928. And this may
22 just be a duplicate, but it's two different
23 pages in the production. My eyes may be
Page 131
1 deceiving me, but I think it's the same letter.
2 Will you take a look at it?
3 A. (Witness complies.) It appears to
4 be the same letter. However, if it's in our
5 system twice, it does mean that it was sent
6 twice.
7 Q. Okay. And then let's look at Bates
8 929, and this is a fax cover sheet dated
9 February 20, 2017, and that's from that Brittany
10 Tucker again. And then look at the next page
11 Bates 930. And who is this fax from?
12 A. Reliant Law Center.
13 Q. And what are they telling Bank of
14 America to do?
15 A. It's similar to the prior faxes,
16 it's a termination of representation.
17 Q. Ambiguous or pretty clear?
18 A. I mean, it states what it states.
19 Q. I appreciate that. It does state
20 what it states. And what it states is very
21 clear, isn't it?
22 A. Yes.
23 Q. Now, Bates Number 931, this is a
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1 letter sent to current resident or current
2 residence, excuse me, at the 3600 Courtyard
3 Lane, which I will represent to you that's the
4 Barnes address.
5 And then look at Bates 933, and this
6 is dated February 24, 2017. It says, "We need
7 more time to research your home loan request."
8 Who is that sent to?
9 A. To Jack D. Barnes care of Reliant
10 Law Center.
11 Q. No idea why it would have been sent
12 there instead of directly to the 3600 address
13 that Bank of America knew about?
14 A. I don't know.
15 Q. All right. Then turn to Bates 934,
16 this is a letter from Bank of America March 2nd,
17 2017. It says, "We have removed Reliant Law
18 Center as an authorized party on your home
19 account as you've requested." Who is it sent
20 to?
21 A. To Jack D. Barnes, Jr., care of
22 Reliant Law Center.
23 Q. Any idea why that would be sent to
Page 133
1 the care of Reliant Law Center instead of being
2 sent directly to Jack Barnes?
3 A. I do not.
4 Q. And look at Bates 935, Bank of
5 America letter dated March 14, 2017. Do you see
6 that?
7 A. Yes.
8 Q. "We have removed" or let me start
9 that over. "We have removed Reliant Law Center
10 as an authorized party on your home account as
11 you requested." And who is that sent to?
12 A. To Jack D. Barnes, Jr., care of
13 Reliant Law Center.
14 Q. If you look at Bates 936, we have a
15 fax cover sheet of March 15, 2017. So this
16 would be the very next day after the March 14
17 letter that we just looked at. And if you look
18 at Bates 937, the fax of March 15, 2017, is from
19 Reliant Law Center saying stop communicating
20 with us about Jack Barnes; right?
21 A. It's simply stating that the
22 authorization has been rescinded and that the
23 communication should go to the borrower.
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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1 Q. Right. And not to Reliant Law
2 Center?
3 A. Yes.
4 Q. I mean, I understand it doesn't
5 literally say the words do not send to Reliant
6 Law Center, but it says we don't represent them
7 so send the communications to Jack Barnes;
8 right?
9 A. Yes.
10 Q. Okay. Let's go to Bates 938, Bank
11 of America letter dated March 31, 2017. "We've
12 received your request regarding third-party
13 access to your home loan information." Then it
14 says, "Reliant Law Center is no longer an
15 authorized party on your home loan and can't
16 obtain information for this account. We're
17 committed to protecting the confidentiality of
18 our customer's information. And we require your
19 written authorization, including an
20 authorization expiration date, prior to
21 disclosing any information." And who is that
22 sent to?
23 A. To Jack D. Barnes, Jr., care of
Page 135
1 Reliant Law Center.
2 Q. So the letter that says Reliant Law
3 Center is not authorized and they can't get any
4 information on your account, Bank of America
5 sent this letter to Reliant Law Center?
6 A. That's what it appears, yes.
7 Q. Appears to be a mistake to you at
8 the very least; right?
9 A. It is something I can't explain. I
10 -- so it -- I would concede that it is likely to
11 be a mistake.
12 Q. Right. Because Bank of America has
13 a policy, whether written or not, not to
14 disclose information to a third party unless the
15 third party is authorized; correct?
16 A. That's correct.
17 Q. So, if we know that and there's no
18 authorization, then Bank of America would have
19 no reason to send information about an account
20 to a third party; right?
21 A. That's correct. I believe that
22 there's some -- you know, again, federal law,
23 that's guiding it and there may be some
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1 exceptions to when we provide to unauthorized
2 third parties information. But for the most
3 part, somebody needs to be authorized -- under
4 most circumstances, someone needs to be
5 authorized in order to receive information.
6 Q. So Bates Number 939, it's dated the
7 same day, March 21st, 2017. And this is sent
8 directly to Reliant Law Center. It says, "We've
9 received your request regarding third-party
10 access on the above-referenced home loan." And
11 it goes on to say you're not authorized. In all
12 the documents that have been produced to us,
13 have you seen anything that would indicate that
14 Reliant Law Center sometime before March 21st,
15 2017, had said, "Hey, wait a minute. We want to
16 be authorized again. We want to receive
17 information about this account"?
18 A. I mean, they were the ones where --
19 there was authorization at one point on the
20 account for them to receive the information. So
21 I did see an authorization form, and I believe
22 it was actually communication from Reliant with
23 the Barneses' signature, but --
Page 137
1 Q. Right.
2 A. -- I will grant that after -- at
3 some point in August of 2016 there was a
4 revocation and I did not see in the 2017 time
5 period or after 2016 -- in August of 2016 -- end
6 of August 2016 that they wanted to be reengaged
7 or reauthorized.
8 Q. Right. From August 31st, 2016, we
9 know it was revoked at that point. The only
10 communications after that from Reliant were
11 saying what?
12 A. That they had terminated their
13 representation.
14 Q. And yet all after August 31, 2016,
15 we see these letters going to the Barnes in care
16 of Reliant Law Center; right?
17 A. Yes.
18 Q. And here's one Bates 941, March 14,
19 2017. I believe we've already seen that, but
20 apparently this one came back as nondeliverable;
21 unable to forward. Do you see that?
22 A. Yes.
23 Q. So that would mean this letter
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 138
1 literally came back and it said this address
2 isn't any good for Reliant. And so Bank of
3 America has a policy and procedure to scan that
4 in and put that in the file; right?
5 A. Yes.
6 Q. And so as representative of Bank of
7 America, if you know the address is no good, you
8 certainly don't keep sending letters to an
9 address that's no good; right?
10 A. I'm not certain of our policy and
11 procedures regarding our mailing addresses and
12 updating them.
13 Q. Okay. Let me -- let me narrow that.
14 You have a policy and procedure if there's some
15 entity out there that does not have
16 authorization, you don't send information about
17 a borrower to them and you certainly don't send
18 information to an unauthorized third party when
19 their address is coming back as unable to
20 forward; right?
21 A. Again, I just don't know how we
22 handle undeliverable mail.
23 Q. Well, it wouldn't make any sense to
Page 139
1 send to an unauthorized third party in any event
2 but particularly when their address is no good?
3 A. I mean, I will concede it doesn't
4 make sense. I'm just saying I'm not sure how
5 our systems handle updating that address and so
6 that's what I'm not able to answer.
7 Q. Let's look at Bates 942. And this
8 is a fax cover sheet dated April 21st, 2017.
9 And if you look at the next page, 943, this is
10 another fax from Reliant Law Center saying what
11 to Bank of America?
12 A. It's the same letter as before.
13 It's the termination of representation.
14 Q. Why would a third party who Bank of
15 America has clearly said is not an authorized
16 third party for the Barnes, why would they have
17 to keep sending letter after letter after letter
18 to Bank of America saying stop sending us stuff?
19 A. I don't know. You'd have to ask
20 Reliant Law Center why they chose to keep
21 sending these letters over and over again.
22 Q. So doesn't it make sense that the
23 reason they keep sending them is they keep
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1 getting mail from Bank of America related to
2 someone they do not represent?
3 A. I'm not sure -- again, I'm not sure
4 that some of those letters that were sent to
5 them were intentionally sent to them informing
6 them that they were no longer authorized. And
7 so the extent they felt they needed to reiterate
8 that to us when we were agreeing that they
9 aren't -- they don't have an authorization, I
10 think that they chose to keep sending these
11 faxes even though we told them we agree with
12 you, you're not authorized.
13 Q. So you told Reliant we agree with
14 you, but then you continued to send letters to
15 Reliant for the Barnes?
16 A. I mean, there were several letters
17 in this that you had me read that stated they
18 weren't authorized, so I don't understand why
19 they would feel the need because that's not the
20 bank, so you'd have to speak with them to why
21 they felt the need to continue to reiterate
22 something that we agreed with. We were saying
23 you're not authorized. And then they're saying
Page 141
1 -- and then they're sending us something saying
2 we're not authorized. It's the same; both sides
3 are agreeing that you're not -- there's no
4 authorization.
5 Q. Okay. Well, let's go back to Page
6 919, because maybe I misunderstood these
7 letters.
8 A. (Witness complies.)
9 Q. September 6, 2016, so that's after
10 the August 31st, 2016, letter from Bank of
11 America saying we've removed Reliant; right?
12 A. Yes.
13 Q. Now, this September 6, 2016, letter,
14 is this -- well, first of all, this was sent to
15 Reliant, San Diego, California --
16 A. It was --
17 Q. -- right?
18 A. -- sent to the homeowner care of
19 Reliant, yes.
20 Q. Right. So it was physically sent to
21 Reliant?
22 A. Yes.
23 Q. Okay. And this is not a letter
(35) Pages 138 - 141
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 142
1 saying, "Hey, we've accepting your revocation.
2 You're not authorized." This is a letter
3 explaining important information to Jack Barnes;
4 right?
5 A. I mean, it's relaying information.
6 Q. Is it important?
7 A. It depends if -- I can't weigh the
8 importance of our letters. It states the fact
9 -- I mean, it states what it states.
10 Q. And you have no explanation for why
11 this was sent to Reliant Law?
12 A. I do not.
13 Q. Okay. Do you think that's maybe why
14 on Bates 921 Reliant Law sent a letter saying,
15 hey, authorization's revoked?
16 A. It -- it's -- so in Jan -- for a
17 letter from -- that they received in September
18 to send something in January? I don't know.
19 Q. Okay. Well, they send that in
20 January. And then Bates 923, Bank of America
21 says, "We need more time to research your home
22 loan request." Sounds pretty important. And
23 they sent that to Reliant Law; right?
Page 143
1 A. Correct. But this is a customer
2 service generic acknowledgment letter, so I
3 don't think that there's actually much
4 information that's being conveyed other than we
5 received something. So to the extent that they
6 -- that this is what they -- this is the
7 correspondence they received, the fax was what
8 they received, they were just saying, hey, we
9 got it. We got what you sent us. And so it's
10 not actually -- Reliant Law Center is the one
11 who triggered the sending of the letter.
12 Q. Oh, I see. Reliant triggered it.
13 And Reliant, an unauthorized third party, then
14 received a letter that has the property address,
15 the account number. It says, "We need more time
16 to research your home loan request. We are in
17 the process of concluding our review. We will
18 provide you a response upon completion of our
19 review. Thank you for your patience." That was
20 sent to Reliant?
21 A. Yes.
22 Q. Do you see a problem with that?
23 A. No.
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Page 144
1 Q. Okay. All right. So I think we
2 stopped at Bates 943. This is an April 21,
3 2017, fax from Reliant saying, again, we don't
4 represent Barnes; right?
5 A. Yes.
6 Q. And then Bates 944, we have a letter
7 from Bank of America April 26, 2017. It says,
8 "We've removed Reliant Law Center as an
9 authorized party on your home loan account. We
10 will no longer discuss your home loan
11 information with Reliant Law at any time unless
12 otherwise notified by you." Where was that
13 sent?
14 A. To Jack D. Barnes, Jr., care of
15 Reliant Law Center.
16 Q. If you look at Bates 945, looks like
17 this was actually dated maybe the day before
18 April 25th, 2017. And that, again, is sent to
19 Reliant Law?
20 A. Yes.
21 Q. And then Bates 947, we get the April
22 25th letter coming because as return to sender
23 not deliverable. That would be the Reliant Law,
Page 145
1 that address?
2 A. Yes.
3 Q. And then Bates 949, which is April
4 26, 2017, "We removed Reliant Law Center as an
5 authorized party on your home loan account."
6 That was sent to Reliant Law's address?
7 A. Yes.
8 Q. No explanation for that; right?
9 A. Yes. I mean, sorry. This one was
10 -- there was a letter in here that was from that
11 date and this one was returned to sender as
12 undeliverable, just to make it clear that 949
13 had a sticker on it indicating that it was
14 returned.
15 Q. Say that again now. 949 --
16 A. And the Bates -- the last document,
17 just so the record is clear, has a sticker on it
18 indicating that it was a return to sender not
19 deliverable.
20 Q. Right, right.
21 A. So we had already discussed --
22 Q. Right.
23 A. -- the letter previously, but it's
(36) Pages 142 - 145
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 146
1 not an additional letter that was sent out.
2 This is the letter coming back to us. I just
3 wanted to make it clear.
4 Q. Yeah. And I'm sorry if I was
5 confusing on that. So let's make sure we're
6 both on the same page. Bates Number 947 is a
7 letter dated April 25th?
8 A. Yes.
9 Q. At 947 is a return to sender. Bates
10 949 is also a return to sender but that's dated
11 April 26; right?
12 A. Yes, yes.
13 Q. Okay. I will show you what I will
14 mark as Defendants' Exhibit 7, this is Bates 905
15 through 907.
16 (Defendants' Exhibit 7 was
17 marked for identification.)
18 A. Okay.
19 Q. Now, this is sometime past those
20 last letters we looked at, about three months?
21 A. This is prior in time.
22 Q. Oh, I'm sorry. I'm sorry.
23 A. This is in 2016, July 27, 2016.
Page 147
1 Everything -- they revoked on August 31st, 2016.
2 So this is when Reliant Law Center still had
3 authorization.
4 Q. Okay. So this was appropriate to
5 send to Reliant Law Center?
6 A. Yes.
7 Q. Okay. When was the foreclosure?
8 A. It was August 2nd, 2016.
9 Q. So all these letters on Plaintiff's
10 (sic) Exhibit 6, between Bank of America and
11 Reliant, these were all after the foreclosure?
12 A. Yes.
13 Q. Does that seem odd to you that after
14 a foreclosure Bank of America would continue to
15 send letters to an unauthorized third party?
16 A. If the homeowner wanted to keep an
17 authorized third party on their account, they
18 are welcome to do so however long -- again, they
19 dictate the terms of the authorized third party,
20 so it doesn't seem odd to me that there would --
21 that there would be an authorized -- an
22 authorized third party on an account after
23 foreclosure.
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Page 148
1 Q. But certainly after foreclosure when
2 there's no authorized third party, you would not
3 expect to see letters going out to that
4 unauthorized third party?
5 A. I believe I stated that I wasn't
6 sure what our -- what our -- how we notified the
7 -- the author -- what had been an authorized
8 third party, what we would have sent to them.
9 So I'm not sure in those documents what was sent
10 to Reliant to inform them that they weren't
11 authorized.
12 There seems to be some letters in
13 there that -- that were sent directly to them
14 informing them they're not authorized. And
15 then, like I said, some of the letters appear to
16 be triggered by Reliant sending in that -- in
17 the information -- every time that they sent in
18 the termination notice, we were responding with
19 automated letters, but --
20 Q. So let's talk about the letters.
21 Are there some letters that an employee of Bank
22 of America can type of Microsoft Word or
23 something like that, print it out, stuff it in
Page 149
1 an envelope and mail it to the borrower?
2 A. My understanding is the majority of
3 the letters that get sent are template --
4 template letters, that there might be
5 information specific -- you know, so not only is
6 there information specific to the account that
7 gets entered in there but then they would have
8 options like a drop-down sort of -- I don't use
9 that system, but I understand there's some sort
10 of -- they can choose certain template language
11 and then there are individuals, like for an
12 escalated complaint department, that would be
13 able to perhaps completely draft a whole new
14 letter in response wholly to the homeowner.
15 The majority of these are -- the
16 majority of the letters -- and I can't recall in
17 this file seeing any letter that was sent that
18 was not at least mostly a template or, you know,
19 using drop-downs. I don't think I saw anything
20 that was specifically drafted by somebody on the
21 Barneses' file.
22 Q. And one of the reasons Bank of
23 America uses template letters is to have
(37) Pages 146 - 149
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 150
1 uniformity in the letters?
2 A. Yes.
3 Q. And to make sure that it's -- let me
4 back up. When we're dealing with somebody who's
5 potentially facing foreclosure, Bank of America
6 recognizes that's a very serious situation?
7 A. Yes.
8 Q. A very extreme situation to
9 undertake a foreclosure of somebody's home;
10 right?
11 A. Yes, absolutely.
12 Q. And so this is why Bank of America
13 is so careful to make sure that everything is
14 done properly before they do a foreclosure;
15 right?
16 A. Yes.
17 Q. I mean, this is mission critical at
18 Bank of America and the employees and even
19 vendors are drilled on this, you have got to be
20 right about this before you foreclose on
21 somebody's home?
22 A. Yes.
23 Q. And if you make a statement to a
Page 151
1 borrower about, "We're not going to be
2 foreclosing" during some period of time, that
3 needs to be an accurate statement; right?
4 A. I believe that we've -- that, yes,
5 that's something that we -- that we're at least
6 trying to ensure that all of our employees are
7 accurate in their communications to their
8 homeowners and as clear as they can be.
9 Q. The homeowner/borrower calls in,
10 speaks to a customer service person or the -- I
11 think at times they're called the single point
12 of contact person -- Bank of America expects
13 that the homeowner, the consumer, the borrower
14 will rely upon what the Bank of America employee
15 tells them over the phone; right?
16 A. Yes.
17 Q. I mean, there's no recording that
18 comes on and says, "Please be advised that you
19 should not listen to anything we tell you";
20 right?
21 A. Not that I'm aware of, no.
22 Q. I mean, if a Bank of America
23 employee tells a homeowner something about a
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Page 152
1 foreclosure, about a document that's needed, you
2 expect the homeowner to rely on that?
3 A. Yes.
4 Q. And, certainly, if you send the
5 homeowner something in writing about the
6 foreclosure happening or not happening, you
7 would fully expect the consumer to believe and
8 rely upon what Bank of America has told them in
9 writing?
10 A. Yes.
11 Q. And that goes back to why you have
12 these standard template, sort of
13 mail-merged-type letters so that Bank of America
14 can ensure what's going out is exactly what Bank
15 of America intends to go out?
16 A. Yes.
17 Q. Okay. Did I give you Bates 905?
18 A. Yes.
19 Q. Okay. Okay. So, this is before the
20 revocation of the third-party authorization for
21 Reliant Law; correct?
22 A. That's correct.
23 Q. July 27, 2016. And you told me the
Page 153
1 foreclosure date was --
2 A. I believe August 2nd, 2016.
3 Q. 2016?
4 A. Yes.
5 Q. Okay. So just whatever the math is,
6 four or five, six days later from this letter?
7 A. Yes. I believe I had done the math,
8 it was seven days later, but --
9 Q. Okay.
10 A. -- six or seven, yes, somewhere in
11 there.
12 Q. I became a lawyer because I'm not
13 very good with math. Whatever. It's a week or
14 so later at the most?
15 A. Yes.
16 Q. All right. So this was sent to the
17 third party Reliant Law. And when Bank of
18 America communicates with an authorized third
19 party, they fully expect that third party to
20 then communicate to the consumer; right?
21 A. I have no reason to believe that if
22 the consumer needed to know the information --
23 they -- again, the third party authorization is
(38) Pages 150 - 153
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 154
1 dictated by the borrower themselves. So in this
2 particular situation, they not only provided
3 authorization for them the communicate but they
4 also indicated that they needed us to
5 communicate with them in writing and that we
6 were not to communicate with them outside of --
7 the only entity that we were to communicate was
8 Reliant Law Center. That's not the case in all
9 of the situations but in this particular
10 authorization, that was specifically what the
11 Barneses had requested.
12 Q. Okay. And so when Bank of America
13 sends this Defendants' Exhibit 7, this is
14 important information that instead of sending
15 this directly to the Barnes, it sent it to the
16 Reliant Law Center because they were the
17 authorized representative?
18 A. Not only were they the authorized
19 representative, but we were told -- we were
20 instructed to not send and not to communicate
21 with the Barnes. I believe that there was a
22 cease and desist component to the authorization.
23 And since they're a law center, we had to
Page 155
1 comply. We don't want to get involved in
2 attorney/client or outside, you know,
3 communications --
4 Q. Right.
5 A. -- with a customer represented by an
6 attorney.
7 Q. And are you familiar with this
8 letter? Do you need to take a moment to look at
9 it?
10 A. I've reviewed these type of letters
11 before.
12 Q. Okay. That was going to be a
13 question I had for you: Is this sort of a
14 one-off letter that somebody typed on their own,
15 this Cindy Simental, S-I-M-E-N-T-A-L, or is this
16 a template letter?
17 A. This would be a template letter.
18 Q. Now underneath the -- at least on
19 the first page it's got some little code
20 RQ-120821-1-1. Does that tell you it's a
21 template or do you just know it's a template?
22 A. That does not indicate that it's a
23 template to me. I'm not sure what that is.
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Page 156
1 Q. Okay. But you've just seen this
2 enough, you know this is a template letter?
3 A. Well, I -- yes. And there's also
4 other codes on the --
5 Q. Like, what's up top?
6 A. Yes.
7 Q. Okay.
8 A. That indicates to me that it's a
9 template letter, but I have seen this numerous
10 times in other files for other homeowners.
11 Q. And on the top of the first page,
12 which is Bates 905, it's got 03-23-20 -- I'm
13 assuming that's March 23, 2016. Is that when
14 this letter was created or updated or can you
15 tell?
16 A. My understanding is that would be
17 the template version was updated the last time
18 on 3/23/2016.
19 Q. Okay. And so this says, "We've
20 received your financial documentation. Here's
21 what to expect next." And when you've seen this
22 letter, it's been in the context of people have
23 submitted some type of lost mitigation package
Page 157
1 or other information to Bank of America; right?
2 A. It's -- yes, it's information -- we
3 received some piece of information that's
4 showing intent to -- that the homeowner wants to
5 modify -- to modify their loan or do something
6 involving lost mitigation.
7 Q. And apparently this is the beginning
8 of the home loan assistance process. Is that
9 what you guys call it? I'm just reading from
10 the letter.
11 A. This, I believe, we typically call
12 it an acknowledgment letter. It's -- I believe
13 we started sending these after the CFPB sort of
14 rules and regulations came into place, and so
15 this is the letter acknowledging that we've
16 received something from the homeowner regarding
17 lost mitigation and it starts the timeline --
18 the -- the -- it started the first letter before
19 we would send -- you know, there's other letters
20 that we're required to send under the CFPB --
21 Q. Okay.
22 A. -- to -- for the lost mitigation.
23 So this is sort of the first saying we've
(39) Pages 154 - 157
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 158
1 received something and then it sets out certain
2 required information.
3 Q. And then the next sentence says, "We
4 will send you a letter in the next few days that
5 either confirms we have all the documents we
6 need from you or identifies the documents you
7 still need to provide along with the time frame
8 in which you must provide them"; right?
9 A. Yes.
10 Q. And so this is saying we're going to
11 tell you either you gave us everything we need
12 or we're missing X, Y and Z and here's the date
13 that you have to get us those missing documents?
14 A. That's correct.
15 Q. Okay. And then it's got this
16 heading "What you need to do." It says, "Please
17 respond promptly to all requests you receive
18 from us." It kind of explains that. And then
19 the next section, "What to expect next. Once
20 we've received all required documents, the loan
21 evaluation process should take no more than 30
22 days." So all of this is standard language;
23 right?
Page 159
1 A. Yes.
2 Q. This is what you would send -- would
3 it only -- let me ask you this: Would this
4 template only be sent to folks in Alabama that
5 have applied for lost mitigation or would this
6 be a letter that goes nationwide?
7 A. I have no reason to believe that
8 this is state specific. Again, I believe it's
9 to comply with a federal law.
10 Q. Okay. So we're confident that this
11 was not something that Cindy just drafted up on
12 her own and sent out because she goes "I don't
13 know what to send to somebody in Alabama"; this
14 is the template letter that goes to everybody;
15 right?
16 A. Yes.
17 THE VIDEOGRAPHER: Okay. Less than
18 a minute.
19 MR. WATTS: We can stop. We will
20 pick back up in just a second.
21 THE VIDEOGRAPHER: This ends
22 Videotape Number 3 of the deposition of Jessica
23 Woodbridge. The time is now 2:29 p.m.
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Page 160
1 (A short recess was taken.)
2 THE VIDEOGRAPHER: This marks
3 beginning of Videotape Number 4 of the
4 deposition of Jessica Woodbridge. The time is
5 now 2:41 p.m.
6 Q. (By Mr. Watts:) We were in the
7 middle of talking about Defendants' Exhibit 7,
8 Bates-stamped 905 through 907. If you'll go
9 back to the first page, Bates-stamped 905,
10 there's a heading "What to expect next." And
11 this is to give the consumer a road map of
12 what's going to happen next; right?
13 A. Yes.
14 Q. Okay. And this is designed so that
15 they can read this and understand exactly what
16 will be occurring in the future; right? At
17 least the process of what will happen?
18 A. It's the process with regard to loan
19 modification review, yes.
20 Q. Okay. And so there's an estimate
21 that once all the documents are in, that should
22 take about 30 days; right?
23 A. Yes.
Page 161
1 Q. And then once that probably 30-day
2 process is completed, then the consumer, if
3 they're offered something, will have at least 14
4 days to accept the offer?
5 A. That's what it states, yes.
6 Q. Okay. And that's certainly what
7 Bank of America intends the consumer to
8 understand exactly what it states?
9 A. Yes.
10 Q. And then if there's no offer as far
11 as loan assistance option, then Bank of America
12 will look at other things like a short sale or
13 deed in lieu?
14 A. Yes.
15 Q. Okay. And if we look at the second
16 page, page two of three, this is Bates 906, it
17 has a heading "Important information about
18 foreclosure." Do you see that?
19 A. I do.
20 Q. Okay. And the reason we use
21 headings is to make it easy to read texts and to
22 sort of get an idea of what is going to follow
23 that heading; right?
(40) Pages 158 - 161
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 162
1 A. Yes.
2 Q. Okay. And so somebody who's asking
3 for assistance and potentially facing a
4 foreclosure, this would be a very important
5 section, wouldn't it?
6 A. Yes.
7 Q. What does it mean when it says
8 "Referred to foreclosure"? What does that
9 expression mean when Bank of America uses that?
10 A. So part of our foreclosure when
11 we're going from a loan that is part of our
12 regular pool of loans and then there's a process
13 that we will refer the loan to foreclosure.
14 There's a foreclosure review committee that
15 looks at the loan and the documents -- and
16 certain documents then we'll make a
17 determination and put it into the foreclosure
18 worlds and into the foreclosure department's
19 purview. And so they would -- so that is just
20 indicating that if it's already been referred to
21 our foreclosure department.
22 Q. Okay. And I'll read the sentence,
23 and thank you for explaining that. It says, "If
Page 163
1 your loan has been previously referred to
2 foreclosure, we will not conduct a foreclosure
3 sale," and has parenthesis "subject to court
4 approval where applicable," close parenthesis,
5 "during the period of time you have to send us
6 all required documents and we'll we evaluate
7 your complete application once it is received
8 subject to applicable law." At the time this
9 letter had been sent, had the Barneses' loan
10 been referred to foreclosure?
11 A. Yes.
12 Q. Okay. So that sentence would make
13 sense to be in here because it had been referred
14 to foreclosure; right?
15 A. Again, this is a template and this
16 information would be in the letter regardless of
17 whether they had been referred or not referred.
18 Q. Okay. So it's just saying if you
19 haven't been referred to foreclosure, well,
20 then, I guess no issue about foreclosure. But
21 if you have been referred to foreclosure, then
22 it says, "We will not conduct a foreclosure sale
23 (subject to court approval where applicable)."
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Page 164
1 Let's talk about that. Is this just template
2 language that would apply to judicial as well as
3 nonjudicial, or does this have some meaning in a
4 nonjudicial state like Alabama, this "subject to
5 court approval."
6 A. I would -- I don't know enough about
7 Alabama law regarding foreclosures to know
8 whether or not if we needed to stop a
9 foreclosure sale we needed to get court approval
10 or not.
11 Q. Well, you know in a nonjudicial
12 foreclosure, by definition, there is no judge
13 involved so you wouldn't need court approval to
14 not do a nonjudicial foreclosure; right?
15 A. I -- I'm not sure. I think in some
16 states and even though it's a nonjudicial
17 foreclosure we still have to get a certification
18 or something from a judge before we can actually
19 go to foreclosure sale. So I'm just not sure.
20 Q. Right.
21 A. Even though it's like a nonjudicial
22 process, there's still something that has to go
23 through the court, and so I'm not sure about
Page 165
1 Alabama law.
2 Q. Well, let me ask it this way: In
3 Alabama, the foreclosure that ultimately the
4 Barnes went through was a nonjudicial
5 foreclosure. We're on the same page about
6 that; right?
7 A. Yes.
8 Q. There was never a judicial
9 foreclosure filed against the Barnes?
10 A. Not to my knowledge on this
11 property, no.
12 Q. So when this says, "if it's been
13 previously referred to foreclosure," which you
14 and I agree it had been previously referred to
15 foreclosure; it says, "We will not conduct a
16 foreclosure sale," but then it has that subject
17 to court approval. Well, if you can foreclose
18 without court approval, you would not need court
19 approval to not foreclose; right?
20 A. Sure. Again, and it's just I'm not
21 that familiar -- it makes sense to me, and I'm
22 not disagreeing with you. It's just I don't
23 know enough about how if we -- to stop a sale --
(41) Pages 162 - 165
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 166
1 Q. Okay.
2 A. -- in Alabama.
3 Q. Well, as the corporate
4 representative of Bank of America, you have no
5 knowledge of any court approval that Bank of
6 America would have to get in order to not do a
7 nonjudicial foreclosure?
8 A. That's correct.
9 Q. Okay. So when I read this, I'm just
10 going to leave that parenthesis out. "If your
11 loan has been previously referred to
12 foreclosure," we agree it has, "we will not
13 conduct a foreclosure sale during the period of
14 time you have to send us all required
15 documents." Now, the first page tells us that a
16 letter will be sent to the Barnes either telling
17 them they sent all required documents or listing
18 what they are missing; correct?
19 A. Yes.
20 Q. Okay. So there's a time period that
21 they would have to send all required documents?
22 A. I'm not exactly certain that there
23 is -- it's listed out that they have a
Page 167
1 particular time period to send all of the
2 required documents. They should have sent the
3 completed -- they're supposed to send a complete
4 financial package when they submit a loan
5 modification application. They're not supposed
6 to send us, like, a document and then -- and
7 then expect us to tell them that they need to
8 send more. They're supposed to send everything
9 to us.
10 Q. Let's go back to the first page.
11 Clearly, there was a request made for home loan
12 assistance; right?
13 A. Yes.
14 Q. And in this letter it doesn't say
15 Jack Barnes, you are required to send us all
16 documents. You should not have just sent us one
17 document. It doesn't say that. It says we will
18 send you a letter in the next few days that
19 either confirms we have all the documents we
20 need or identifies the documents you still need
21 to provide along with the time frame; right?
22 A. Yes.
23 Q. So this letter itself contemplates
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Page 168
1 that perhaps not all the documents were sent.
2 And it's saying if you didn't send all of the
3 documents, we'll send you a letter that tells
4 you what documents you're missing and whether
5 you have seven days or 14 days or however many
6 days you have to get them to us; right?
7 A. It -- yes, but it still does not
8 mean that they weren't supposed to have already
9 sent all the other documents. That's in case
10 they didn't send us all the documents, but the
11 idea is that they should have already sent us
12 everything that we needed.
13 Q. Right. But if they, for some
14 reason, do not send all the documents, this
15 letter is telling them we'll let you know what
16 you're missing and how soon you need to get it
17 to us; right?
18 A. That we -- yes. That the option is
19 either that we will review what they have if
20 it's complete and if it's not complete we will
21 tell them what is missing, yes.
22 Q. Okay. And so we go back to the
23 second page. It says, "If it's previously
Page 169
1 referred to foreclosure, we will not conduct a
2 foreclosure sale during the period of time you
3 have to send us all required documents." And
4 then we will get to the rest of the sentence,
5 but so they're saying if you did not send us the
6 complete package, we'll let you know what you're
7 missing, how long you have to get it to us, and
8 we're not going to foreclose during that period
9 of time that we give you to provide us the
10 documents; right?
11 A. Assuming that there was a period of
12 time that -- so there's no period of time given
13 in this document that they had to have given us
14 the complete package. So if that sentence is
15 assuming that they had a period of time in order
16 to send the required -- so they should have
17 already sent the required documents. And so my
18 understanding of that sentence is -- or that
19 piece of the sentence is assuming that there was
20 a period of time that they had to send the
21 required documents. If there was no period --
22 if there was no time, if the sale had already
23 been set, that's not really indicating that
(42) Pages 166 - 169
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 170
1 there was any period of time to --
2 Q. Okay. We're going to spend some
3 time on that, but let's go back to the first
4 page. The date this letter is sent, July 27,
5 are you saying that before this letter was sent
6 the Barnes would have received a previous letter
7 that says, "Here's all the documents that you're
8 missing and here is your time period to get
9 them"? Or is this Defendants' Exhibit 7 saying
10 if you're missing documents in the future we
11 will send you a letter -- I think it says in the
12 next few days -- telling you what documents
13 you're missing and then giving you the time to
14 supply those documents?
15 A. So they -- part of this process is
16 that they should have already sent us all the
17 required documents. I understand that not all
18 the homeowners do that or once they look through
19 them, but the idea is not that they send in half
20 the package, wait for that accompanying
21 information notice to send in the remainder --
22 the remainder to get a complete financial
23 package. The idea is that that financial
Page 171
1 package should already be in the door. And so
2 it's just -- so it's kind of a difficult thing.
3 They're saying that it's a possibility that
4 there could be another letter, not that there
5 will be or there's certain to be another letter
6 and so there's nothing -- there's not really a
7 period at this point that's outlined of how long
8 to get the whole package in.
9 Q. Here's what the letter says -- it
10 doesn't say we may send you a letter in the next
11 few days. It doesn't say it's possible we will
12 send you a letter, perhaps we will send you a
13 letter. It says, "We will send you a letter in
14 the next few days that either confirms we have
15 all the documents we need from you or identifies
16 the documents you still need to provide along
17 with the time frame in which you must provide
18 them." So maybe I misunderstood what you just
19 said, that you -- at least as I heard you, you
20 said, "Well, maybe they'll be a letter." But
21 this is saying you will definitely get a letter
22 that either says it's complete or you're missing
23 documents; right?
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1 A. There will be a letter; however, my
2 point was that there -- if the letter is --
3 states that -- confirming that we have all of
4 the documents, then that period of time -- there
5 is no period of time that they need to submit
6 new documents -- to submit the documents --
7 their documents -- the package is complete when
8 it's done.
9 Q. Right.
10 A. And so it's -- so there's not
11 necessarily going to be an additional period of
12 time to con -- for them to -- that period of
13 time to send us all required documents. They --
14 that period of time may have already, you know,
15 been completed by the time the -- this letter
16 was sent. We just don't know enough yet. This
17 is just like an acknowledgment nobody has looked
18 at the documents.
19 Q. So let's take it one at a time.
20 Let's assume the Barnes sent in every document
21 Bank of America needed, then they would have at
22 least 14 days to accept the offer, correct,
23 assuming an offer was made?
Page 173
1 A. Yes.
2 Q. Because what will happen is Bank of
3 America will say, here's a -- I'm just going to
4 call it loan modification. Here's an offer, at
5 least 14 days to accept it or reject it or Bank
6 of America would say you do not qualify for
7 this; right?
8 A. That's correct.
9 Q. Okay. And then it says, "We'll
10 discuss other options with you at that point."
11 Now if we go to page two, it says on this
12 referred foreclosure that "During the time
13 period you have to send us all required
14 documents, there will be no foreclosure." We
15 agree on that; right?
16 A. We state that we will not conduct a
17 foreclosure sale, yes.
18 Q. Okay. "And there will be no
19 foreclosure sale while Bank of America evaluates
20 the complete application"; right?
21 A. That's correct. Although both are
22 modified subject to applicable law.
23 Q. Okay. And that would be maybe in
(43) Pages 170 - 173
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 174
1 some state there's a requirement that you
2 foreclose or maybe in a nonjudicial state you
3 still have to go to the court apparently; right?
4 A. Yes, so yes.
5 Q. So let me see if I can summarize
6 this and make sure you and I are on the same
7 page here: This Defendants' Exhibit 7 is saying
8 we received something from the Barnes, maybe it
9 was complete, maybe it was incomplete. Those
10 are the two options; right?
11 A. Yes.
12 Q. If it's complete, then there is no
13 need for additional documents because it's
14 complete?
15 A. Yes.
16 Q. But if it's incomplete, then Bank of
17 America says over the next few days we will send
18 you a letter that says what you're missing and
19 how long you have to get us those missing
20 documents; right?
21 A. Yes.
22 Q. So then on this part about "we will
23 not conduct a foreclosure," it anticipates two
Page 175
1 possibilities: One, where in that period of
2 time to get documents in order to complete the
3 application; correct?
4 A. Yes.
5 Q. Or the application is complete and
6 this says that "there will be no foreclosure
7 while the completed application is evaluated";
8 correct?
9 A. Yes.
10 Q. Okay. Now, is it your understanding
11 that one reason why the foreclosure happened
12 despite this Defendants' Exhibit 7 is that there
13 is some type of investor requirement about
14 information received less than seven days before
15 the foreclosure?
16 A. Yes.
17 Q. Now, of course, the investor
18 guidelines or investor requirements would not be
19 Fannie Mae or Freddie Mac or Chase Bank or
20 Nationstar; it would have been Bank of America?
21 A. Yes.
22 Q. So Bank of America says to the
23 Barnes despite this Defendants' Exhibit 7, "We
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Page 176
1 foreclosed on you because the investor required
2 us to reject your application because it was
3 within seven days"?
4 A. So the communications to the Barnes
5 or their authorized third party was prior to the
6 submission of this application. And during that
7 time period -- so they knew prior to the
8 foreclosure sale that the foreclosure sale --
9 that we were not stopping the foreclosure sale.
10 This document also says to not ignore any
11 foreclosure notices you might receive.
12 Q. When would they have received
13 foreclosure notices after Defendants' Exhibit 7?
14 A. They received them prior to, and I'm
15 not sure what's required in Alabama about the
16 day of, if there's any notices -- how -- when
17 they would have received those notices exactly,
18 but they -- that foreclosure sale was already
19 set at the time they call -- that I can see the
20 notes that the Reliant Law Center called in in
21 order to talk about submitting a package, and
22 they were informed at that time that there were
23 no guarantees about postponing that sale, that
Page 177
1 within that seven days is just too close to the
2 sale date.
3 And then I can see in the notes that
4 we did -- in fact, even though it's outside of
5 our policies, we went ahead and made the
6 postponement request and to make an exception of
7 our policy, and it was determined in this case
8 that they were not going to make an exception.
9 Q. The communication to Reliant, that
10 was verbal, right, about the seven days?
11 A. It was documented on that call that
12 they had, yes, before they submitted the
13 package.
14 Q. Right. And maybe I didn't ask it
15 clearly. Was there a letter sent to Reliant
16 that said, "If you submit this within seven days
17 of the foreclosure, then there's no guarantee
18 that the foreclosure will be stopped" or was
19 that said to them verbally over the phone?
20 A. That was said over the phone.
21 Q. Okay. Bank of America may have
22 documented in the notes but it was done
23 verbally?
(44) Pages 174 - 177
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 178
1 A. Yes.
2 Q. And then that was before Defendants'
3 Exhibit 7?
4 A. Yes.
5 Q. And then Defendants' Exhibit 7 comes
6 along and says if it's been referred to
7 foreclosure, we're going to stop it, if it's
8 incomplete during that time period you have to
9 complete the documents or if it's complete
10 during the period that we evaluate it; right?
11 A. Yes.
12 Q. What the Barnes submitted, was it
13 complete or incomplete?
14 A. I don't know.
15 Q. Well, that would be important to
16 know, wouldn't it?
17 A. I understand that the -- that
18 evaluation was not made according to the notes
19 because the timing -- there was just not enough
20 time and then the foreclosure sale happened.
21 Q. So Bank of America doesn't know
22 whether the -- the completed application was
23 sent or not sent?
Page 179
1 A. I don't -- I did not -- I don't
2 recall seeing that information in the notes that
3 I reviewed.
4 Q. Okay. And so instead of determining
5 is this complete or is this incomplete, which
6 incomplete would then create a period of time to
7 complete it, Bank of America just said, "Well,
8 we got whatever this is less than seven days
9 before the foreclosure, so we're denying it"?
10 A. No. It was sent to the underwriters
11 to review. I just don't believe or I don't
12 recall seeing what -- so whatever we had we did
13 expedite -- we did request an expedited review.
14 We were trying to get it done before the seven
15 days. It went to the underwriter, which is not
16 -- so it -- which indicates to me that at the
17 very least it was facially (sic) complete if it
18 -- there had been some huge deficiency I would
19 believe that the CRM would have indicated that.
20 It normally doesn't go to the underwriter unless
21 the package is complete. But that underwriting
22 review, I did not see the results of that.
23 Instead I just saw notes saying it was
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1 terminated due to the foreclosure sale.
2 Q. And that's despite what was
3 represented to the Barnes in this Defendants'
4 Exhibit 7?
5 A. Again, I saw notes before and after
6 indicating that the foreclosure sale was
7 communicated that it was not going to be
8 postponed. So regardless of when this letter
9 was received, I saw a note saying that there was
10 no promises prior to and then I saw notes
11 indicating that the postponement had been
12 rejected and they -- that was also communicated,
13 and that would have been after this letter.
14 Q. If Bank of America tells a borrower
15 one thing verbally and something else in
16 writing, which one does Bank of America expect
17 the borrower to believe?
18 MR. GERHARDT: Object to form.
19 A. I believe in this situation,
20 especially considering that we were speaking
21 with a law firm that handles this kind of thing,
22 that what we were telling them over the phone,
23 they knew that the foreclosure sale was
Page 181
1 happening and so it was not a unsophisticated
2 party. And I can't speculate as to what -- you
3 know, how somebody should determine that
4 otherwise, but they knew that what we were
5 telling them on the phone -- I mean, they could
6 have spoken with our foreclosure counsel to
7 confirm that. And, I mean, every -- we were
8 not, I don't believe, hiding the fact that the
9 foreclosure sale was not postponed.
10 Q. (By Mr. Watts:) Why didn't this
11 letter say, "Oh, and by the way, if you're
12 within seven days, all bets are off and we're
13 not going to stop the foreclosure"?
14 A. I mean, it does state to not ignore
15 -- and, you know, in all capitalized letters to
16 not ignore any foreclosure notices you might
17 receive. So I'm not sure -- but I'm not sure
18 why it doesn't put in the timing, the seven
19 days.
20 Q. It would be pretty important to let
21 homeowners know that, wouldn't it?
22 A. Again, they -- it was -- it was told
23 to them over the phone.
(45) Pages 178 - 181
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 182
1 Q. Pull back out Defendants' Exhibit 1,
2 please, the mortgage.
3 A. (Witness complies.)
4 Q. I want you to look at -- it's about
5 Paragraph 15 and tell me what the title of
6 Paragraph 15 is?
7 A. Notices.
8 Q. What does it say about notices to,
9 in this case, the Barnes? Should they be in
10 writing or verbal?
11 A. "All notices given by the borrower
12 or lender in connection with this security
13 instrument must be in writing."
14 Q. Now, this may take us back to the
15 beginning of this deposition. When it says
16 "must be," does that mean sometimes or does that
17 mean it has to be in writing?
18 A. It has to be in writing.
19 Q. Okay. And so given that that's what
20 the mortgage says that Bank of America agreed to
21 when they serviced this loan and when they
22 became the investor of this loan, go back to
23 Defendants' Exhibit 7, what's in writing does
Page 183
1 not say anything about seven days; do you still
2 feel comfortable that verbally telling somebody
3 seven days makes up for this not having that in
4 there?
5 A. I don't know what a notice would be
6 defined as in this -- in the mortgage. It does
7 -- I mean, we did send the foreclosure sale
8 notice in writing. So I'm not really sure that
9 the modification letter is the same as a notice
10 according to the mortgage.
11 Q. Do you consider Defendants' Exhibit
12 7 to be a notice to the defendants, to the
13 Barnes?
14 A. I'm not really sure.
15 Q. So look back at Paragraph 15 in that
16 mortgage. Does it say some of the notices, the
17 majority of the notices or all of the notices?
18 I think it's the very first word.
19 A. It states "all notices."
20 Q. And I think if you go to the next
21 sentence, it talks about any notice. Do you see
22 that?
23 A. Yes.
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Page 184
1 Q. So if the information about the
2 seven days, that if you get it within seven days
3 of the foreclosure, that's not going to stop the
4 foreclosure, at least it may not stop it; if
5 that is considered a notice, then you would
6 agree it has to be in writing?
7 A. If it falls in -- under the
8 definition of notice as according to the
9 mortgage, then I suppose, yes.
10 Q. Okay. Is that considered a notice
11 under the mortgage?
12 A. I don't know.
13 Q. I think -- we can go back and watch
14 the video or the transcript, but I think you
15 said that notice was provided to the Barnes
16 through their authorized third party that
17 documents submitted within seven days may not
18 stop the foreclosure. Did you remember saying
19 that?
20 A. I'm not sure that I used the word
21 "notice." And if I did, I was not intending to
22 use it as defined in this security instrument.
23 I was simply stating that the record or
Page 185
1 servicing notes show or documents a call and
2 discussion informing them of the -- that the --
3 that there was no guarantees. Based on the time
4 that the package was sent, there was no
5 guarantees that the foreclosure sale was going
6 to be postponed. And then there was additional
7 discussion that it, in fact, was not getting
8 postponed and that the sale was happening as
9 scheduled on the second.
10 Q. So as the corporate representative
11 of Bank of America, do you have an opinion about
12 whether that seven-day information provided to
13 the Barnes through their third party, was that
14 considered a notice or not considered a notice?
15 A. I don't have an opinion or
16 information on that.
17 Q. Looking at Defendants' Exhibit 7,
18 looking at Paragraph 15 of Defendants' Exhibit
19 1, the mortgage, does that give you any concern
20 about the fact that the Barnes were not told in
21 writing about the seven days?
22 A. No.
23 Q. And given that this resulted in a
(46) Pages 182 - 185
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 186
1 foreclosure of their house and ultimately being
2 sued by a third party, looking back at it now,
3 does that give you any concern?
4 A. No.
5 Q. No doubt that Bank of America did
6 everything right in your mind?
7 A. I believe that we complied with all
8 requirements, yes.
9 Q. Okay. So nothing to apologize to
10 the Barnes for?
11 A. I -- I mean, I might personally feel
12 -- you know, we do feel for them, but I don't
13 believe that under the laws as -- and what we're
14 required that there was any errors in the
15 foreclosure sale process.
16 Q. I've got some documents that I
17 believe you provided your lawyer today or maybe
18 within the last few days. One I'm marking as
19 Defendants' Exhibit 8, it's Fidelity National
20 Title.
21 (Defendants' Exhibit 8 was
22 marked for identification.)
23 Q. Do you have a copy of these or is
Page 187
1 this your only copy?
2 A. I don't.
3 Q. Okay. Thanks. And I've not had a
4 chance to look through these. With your
5 lawyer's permission, I will look through these
6 while Eddie asks you some questions. But just
7 tell me in general what are these documents.
8 A. My understanding is this is a
9 package of documents that have to do with the
10 sale of the subject property out of REO. So
11 this is the sale of the property from Bank of
12 America, N.A., to the --
13 Q. W.A. Jones?
14 A. W.A. Jones.
15 Q. I was going to say third party, but
16 we've already used third party. Okay.
17 A. And so it's a list of documents that
18 they signed as part of that sales contract and
19 listing and all that good stuff.
20 MR. WATTS: Eddie, do you have a
21 copy of these? It sounds like it may be
22 something you want to look at.
23 Q. (By Mr. Watts:) And then the other
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1 set of documents, Defendants' Exhibit 9 -- and I
2 think this is from the foreclosure firm, maybe a
3 package from the foreclosure firm?
4 (Defendants' Exhibit 9 was
5 marked for identification.)
6 Q. Is that your understanding?
7 A. Yes.
8 Q. Okay. Now, do you have any other
9 documents that you brought with you?
10 A. I do not, no.
11 Q. Okay. So we sent a deposition
12 notice, and we requested that you testify to
13 certain areas and that you bring documents
14 responsive to those areas. Do you have any
15 policies and procedures that you brought?
16 A. I do not.
17 Q. How about a list of the breach
18 notices that have been sent in Alabama from 2014
19 to the present date?
20 A. I believe I testified over those --
21 that issue, but I don't have the -- I don't have
22 a list.
23 Q. Okay. And, actually, I meant not
Page 189
1 just to the Barnes, I think we have all of those
2 documents, but I'm talking about to any Alabama
3 consumer. Did you bring the breach notices for
4 any Alabama consumer from 2014 to the present?
5 A. I did not, and -- but I -- but,
6 again, I believe we -- I testified over --
7 because you had asked me about the changes in
8 the breach letter template and that's what I
9 testified over.
10 Q. Right.
11 A. Over the fact that the template has
12 changed twice.
13 Q. Okay. And we're going to -- I'll
14 tell you what, we will go ahead and talk about
15 that and then we will come back to the
16 deposition notice.
17 The ADA change, the Americans with
18 Disabilities Act, I presume that you can confirm
19 that would be a change nationwide; right?
20 A. I was simply given the information.
21 You know, I was told that it's changed twice
22 since the last -- since the operative breach
23 letter in this case and that it was part of the
(47) Pages 186 - 189
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 190
1 ADA project, and I did not inquire any further
2 to --
3 Q. Okay.
4 A. -- what that meant or whether it was
5 a change to all of our letters or it was a
6 change to just the Alabama letter.
7 Q. Okay. So the ADA change, I think
8 you said in 2016, would have at least been to
9 the Alabama breach letter and whether it went
10 beyond that, you don't know?
11 A. That's correct.
12 Q. The 2018 change to the Alabama
13 breach letter -- or maybe I should ask it -- was
14 that a change just to the Alabama breach letter
15 or nationwide that was a change?
16 A. I only inquired about the Alabama
17 breach letter, and so that was the response --
18 those were the changes that were given to me, so
19 I don't know if it was a global change or if it
20 was just an Alabama change.
21 Q. Okay. We just -- we know there was
22 a change in Alabama 2018?
23 A. Yes.
Page 191
1 Q. Okay. But you don't know what that
2 change was?
3 A. No.
4 Q. Okay. And so you did not bring
5 copies of all the breach notices sent to any
6 Alabama homeowner by you or your attorneys from
7 2014 til the present day?
8 A. I did not and believe that there
9 might be a privacy objection in there if there
10 was -- I can't provide information from other --
11 for other homeowners.
12 Q. Well, we have something called a
13 protective order, we deal with this all the
14 time. But be that as it may, you didn't bring
15 those documents, did you?
16 A. I did not.
17 Q. Now, if you wanted to find the
18 breach letter sent in 2014, '15, '16, '17, '18
19 to Alabama, would you have to go through a bunch
20 of manila folders, or could you find that on the
21 computer?
22 A. I would have no idea how to find
23 that. Our -- we keep electronic records, but we
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Page 192
1 keep them by the loan file. So all of these
2 letters are in each individual loan file, so I'm
3 not sure -- I don't know how I would ever get
4 that information or how anybody could perform
5 that search. I'm not sure.
6 Q. Well, and I'm -- I apologize. I
7 didn't mean to talk about you physically doing
8 it. But let's see if we can agree on this: All
9 these breach letters sent to Alabama in '14,
10 '15, '16, '17 and '18 are template letters;
11 right?
12 A. Yes.
13 Q. The vast majority created by the
14 computer, perhaps a few that were generated by a
15 human being but it would still be then generated
16 by the computer and it would pull in these data
17 fields and populate them with the person's name
18 and address and the amount of the default and
19 the date the default was to be cured and all
20 that type of stuff, it's all done
21 electronically; right?
22 A. Yes.
23 Q. So, I mean, nobody is over there
Page 193
1 typing these on a typewriter; right?
2 A. That's correct.
3 Q. Okay. So they are created within a
4 computer system. And tell me the name of the
5 system again.
6 A. I don't know.
7 Q. What's the platform?
8 A. So the -- our servicing platform is
9 AS/400.
10 Q. Is that what generates the letters?
11 A. We use a macro or some sort of
12 computer to -- program, as I understand it, to
13 pull from that system and create the lists that
14 are pulled nightly and -- but the -- as far as I
15 understand it, AS/400 does not -- you don't
16 create the letter in that system.
17 Q. Okay. So it's a separate system
18 whether it's sitting on a server somewhere
19 wherever it might be, but let me go back to
20 something you said. So there's a list that's
21 compiled every night of people that at least the
22 computer thinks needs to generate a breach
23 letter for?
(48) Pages 190 - 193
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 194
1 A. Yes.
2 Q. Is that only for Alabama or for
3 across the country?
4 A. As I understand it, it's nationwide.
5 Q. Okay. Which would include Alabama
6 certainly?
7 A. Yes.
8 Q. So there's a list every night of the
9 breach letters that need to go out at least in
10 Alabama?
11 A. Again, I'm not sure that it's a list
12 as you think about it. It's a program that we
13 run across our platform to pull it, so I'm not
14 sure that that is retained or if it's just sort
15 of part of a -- you know, put into written --
16 you know, written and somehow pushed into
17 another system that creates the template
18 letters. So I -- that's the part that I'm not
19 sure if there's actually a list that ever gets
20 generated that's legible or retained or if it's
21 just, you know, a computer program thing.
22 Q. It probably doesn't disappear. But
23 let me ask you this: Who at Bank of America
Page 195
1 would know about how that works? And, again,
2 whether by name, title, position, who would know
3 that?
4 A. I don't know.
5 Q. If I wanted to ask somebody at Bank
6 of America, "Hey, how do you compile this? How
7 do you create the list? How do we find the past
8 people in Alabama that you sent this to?" Would
9 that be the IT department? Would that be the
10 breach department?
11 A. I don't know. I've -- this is not
12 something I've ever had to look for before, so I
13 have no idea how I would start with something
14 like that.
15 Q. How about the list of all
16 foreclosures in Alabama from 2014 to the present
17 date? I'm assuming you didn't bring any
18 documents for that?
19 A. I did not, and I believe that there
20 were objections to that topic.
21 Q. That's okay. Your lawyer and I will
22 deal with an objection. I'm just asking you --
23 because you're not here as a lawyer; right?
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1 A. That's correct.
2 Q. Okay. So is that information
3 something that can be pulled from your computer?
4 A. I would have no -- I have no idea if
5 that's something that we -- I just have no idea.
6 Q. Would I be correct in assuming that
7 Bank of America does not keep a list of Alabama
8 foreclosures on sticky notes, that it's in the
9 computer?
10 A. I just don't -- I don't know if it's
11 compiled at all or if it -- I just don't have
12 enough information to know. I mean, it's not
13 something I have ever been asked to inquire
14 about. I don't even know where I would begin on
15 finding that information out.
16 MR. WATTS: Okay. I am going to
17 take a break in just a minute, but I'm going to
18 reserve my right to question her again or
19 somebody else at Bank of America, so I will
20 leave this depo open until I get these documents
21 or we sort that out on the areas here and the
22 documents. So if it is good with everybody, I'm
23 going to take a short break. Let me look
Page 197
1 through my notes and I may be done at least
2 while he asks questions -- and I do want to look
3 at that lawyer one again. Let's see. This one,
4 thank you.
5 Let's go off and take a quick break.
6 THE VIDEOGRAPHER: We are off the
7 record. The time is 3:25 p.m.
8 (A short recess was taken.)
9 THE VIDEOGRAPHER: This marks
10 beginning of Videotape Number 5 of the
11 deposition of Jessica Woodbridge. The time is
12 now 3:42 p.m.
13 Q. (By Mr. Watts:) I've got some
14 follow-up questions and then I'll turn it over
15 to your lawyer and to Eddie.
16 Is there a rule that an incomplete
17 application for lost mitigation will not get
18 sent to the underwriters? In other words, is it
19 only complete applications that go to
20 underwriters?
21 A. So my general understanding of the
22 policy is that if the -- that there is some sort
23 of check performed at the first stage, at a
(49) Pages 194 - 197
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 198
1 low-level employee stage. Once the documents
2 are reviewed and that that check -- assuming the
3 basic set of documents are in there that then it
4 does go to the underwriter. If that check and
5 that employee had just -- had determined that
6 there was not -- you know, that they could see
7 that there was something missing for certain,
8 then I don't believe it goes to the underwriter.
9 It's only when it appears to be correct and then
10 the underwriter is going to look into the
11 particular circumstances of the homeowner to
12 determine whether they need -- there are certain
13 documents that only -- you know, that are based
14 off of certain circumstances.
15 Q. And then Defendants' Exhibit 7,
16 what's the date on that? Is it July 27?
17 A. Yes, 2016.
18 Q. And so July 28 would be one day, 29,
19 30, 31, 1st, 2nd; so that was six days before
20 the foreclosure?
21 A. Yes.
22 Q. Okay. Can you tell by the date of
23 that Defendants' Exhibit 7 when that package,
Page 199
1 whether complete or incomplete, was received by
2 Bank of America?
3 A. From this letter, I do not believe
4 that it states for certain the day that the --
5 that the financial documents or what triggered
6 this letter being sent was received.
7 Q. I didn't know if it's always sent
8 the same day or if it's sent the next day or if
9 there is kind of a hard and fast rule about
10 that?
11 A. I'm not sure of the policy regarding
12 when these letters get sent. I do -- I did see
13 from the combining this letter with our system
14 notes -- servicing notes that we documented the
15 receipt -- you know, there was notations that
16 documents were received on the 27th.
17 Q. Oh, on the 27th; the same day as
18 Defendants' Exhibit 7?
19 A. I believe so, yes.
20 Q. Okay. And so when Defendants'
21 Exhibit 7 was sent out, Bank of America knew
22 that the foreclosure was six days away? In
23 other words, less than seven days away?
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1 A. At least one portion or -- Bank of
2 America knew -- at least one department knew.
3 I'm not sure about if -- what the loan
4 modification department would have access to and
5 whether they would know for certain that there
6 was a foreclosure sale. I didn't see in there
7 servicing notes that -- you know, I saw the
8 communication, so they -- but I'm not sure that
9 I saw that they were informing -- actively
10 informing the -- or they -- it's just not
11 documented in that system that they had
12 knowledge of the foreclosure sale date.
13 Q. So who was it that verbally spoke
14 with Reliant and said, "Look, you're within
15 seven days, we can't stop the foreclosure"? Was
16 that the customer service person, the loan
17 modification person? Who was that?
18 A. It was the CRM or the customer
19 service representative -- customer relationship
20 manager.
21 Q. Okay. So at least they could see
22 that -- when the foreclosure happened because
23 otherwise they wouldn't know whether it was
Page 201
1 within seven days or 700 days?
2 A. Yes.
3 Q. And is it the CRM that received the
4 -- the application documents or would that be a
5 different department?
6 A. So the application comes in to and
7 gets processed -- gets uploaded -- gets scanned
8 or uploaded into or added to the loan file
9 depending I think if it's a fax it might not be
10 -- you know, printed off and then rescanned in.
11 But it gets added to the loan file, and then the
12 notation triggers the review. And so the actual
13 review is done by the loan modification
14 department; it's not done by the CRM.
15 Q. So is the loan modification
16 department kind of a more specialized version of
17 the CRM?
18 A. So the CRM is going to remain the
19 single point of contact, whoever has been
20 identified as the single point of contact. And
21 I'm not sure of the CRM specialized -- if
22 they're particular ones that get assigned for
23 when they need a sole point of contact for a
(50) Pages 198 - 201
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 202
1 loan modification application and -- or whether
2 they're more sort of general list and then the
3 loan modification department is sort of a
4 separate -- it's the same thing. The
5 underwriters work -- aren't going to be under
6 the CRM or --
7 Q. In that Defendants' Exhibit 7, and I
8 apologize if you told me this before, who would
9 have triggered that letter going out? Would it
10 be the CRM or the lost mitigation people or the
11 underwriters or who would trigger Defendants'
12 Exhibit 7?
13 A. As I understand it, the loan
14 modification or lost mitigation department
15 triggers these letters.
16 Q. Okay. And help me understand this
17 because I'm confused on it: You have Bank of
18 America saying, "we have to go talk to the
19 investor because we're within seven days to see
20 if they'll stop the foreclosure. We put a
21 postponement request to the investor, and I'm
22 sorry, the investor said no." But the investor
23 is Bank of America. So Bank of America's
Page 203
1 talking to itself and saying, "Will you do this?
2 No, I won't do this"? Or how does that work?
3 A. We do not give the authority even on
4 our -- the loans that we service on our own
5 behalf to -- for the frontline employee, the
6 CRM, to make that determination. We require
7 that they go to fill out as if they were
8 speaking to a third-party investor. So we have
9 a form that they talk to -- I believe the
10 presale foreclosure department is the department
11 that makes the determination as to whether or
12 not they would postpone.
13 So in our case -- so had it been an
14 outside investor, they would have made the
15 postponement request internally and then that
16 person would be responsible for going to the
17 investor and actually asking the question. I
18 believe in this case because we are the investor
19 or at the very least it was under our corporate
20 structure, the investor, that they would have
21 the delegated authority. So that individual
22 once reviewing the total -- they'd have a
23 process that they would need to look at and they
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1 would make the decision and our policy is -- or
2 rule is with our investment properties that the
3 seven days we have -- within seven days --
4 having received a package within seven days that
5 we still need to -- you know, it's all the -- we
6 have to have a short sale, we have to have had
7 the loan reinstated or we have to have had the
8 -- an approval on a modification in order to
9 postpone the sale when we -- when we're that
10 close to a sale postponement.
11 Q. Okay. So it's not that it could be
12 postponed and then the application reviewed,
13 it's -- it's automatically going to be denied
14 unless there's already a short sale or a loan
15 modification approved, right, when you're within
16 seven days?
17 A. The postponement request will be
18 denied, it's not -- we will also at the same
19 time escalate the package -- the loan
20 modification package to see if we can get it
21 through. It normally takes -- I mean, it's just
22 a process. I think that we said that we could
23 take more than -- no more than 30 days. So if
Page 205
1 we're used to a timeline of 30 days, being asked
2 to do it under seven is going to require
3 escalation. And I did see that that was
4 happening and it just -- unfortunately, we
5 couldn't make a decision in the timeline prior
6 to the sale. And separate to that, we also
7 weren't going to move that sale.
8 Q. So the application was not approved
9 and it was not denied; is that right?
10 A. My understanding is there was not
11 enough time to review it and then the sale
12 happened. And so at that point, the notes
13 indicate that there was no more work being
14 performed on that package any longer.
15 Q. So the fact that if sent to an
16 underwriter tells you that it was a complete
17 package or at least whoever sent to the
18 underwriter thought it was a complete package.
19 And then that complete package was never ruled
20 on by the time of the foreclosure?
21 A. My understanding is given these
22 circumstances -- and I can't recall because I
23 don't have the notes right in front of me, the
(51) Pages 202 - 205
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 206
1 everything, but my understanding is that we sort
2 of expedited review of this particular package
3 by almost -- by sending it directly to the
4 underwriter without that review, because that
5 initial review, I think, takes three or four
6 days and then it goes to the underwriter, which
7 would -- and so it -- we -- in order to try to
8 expedite it, we just stuck it straight with the
9 underwriter and I don't think that I saw notes
10 indicating whether the underwriter had made it
11 -- taken any action in that take period. It's
12 -- I can't recall. And, like I said, we would
13 need to look at the notes again. I can't recall
14 if there were more documents received on the
15 first or if that was just some additional
16 communication, but I recall something about the
17 first -- of 8/1 being -- some more activity
18 happening on that day.
19 Q. So in evaluating the application,
20 isn't all the information just run through a
21 computer program? I mean, are there human
22 beings looking at this saying, you know, let's
23 approve it or let's not, or is it an automatic
Page 207
1 process?
2 A. I'm not exactly certain. I know we
3 do have a -- there are certain parts of it
4 that's automated; there are other parts that
5 somebody's going to need to review to actually
6 read the document to see what it contains to be
7 able to upload the financial information, for
8 example, to see -- and I know that individuals
9 have to review, for example, the checking
10 account -- the monthly statements to -- because
11 we don't have -- we're not using, like, AI or
12 something to read it to determine -- because we
13 need to see information on there, so there has
14 be a person reviewing these packages.
15 Q. And even given the deadline of
16 August 2nd, the foreclosure where the Barnes
17 would lose ownership of their house, there
18 wasn't enough time to -- whatever the humans
19 need to do at Bank of America to feed that into
20 the computer?
21 A. That's correct. Despite expediting
22 this and trying our best to get it through our
23 process as fast as possible, we could not get it
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1 through before the second.
2 Q. And the person that was asked about
3 postponing, I forget their title, what was their
4 name again or their title, position?
5 A. I understand -- so they would be --
6 my understanding is whoever is dealing with the
7 third party or the homeowner is a CRM, and so
8 they would be making the request to postpone.
9 It's -- the postponement is done through our
10 resale foreclosure department.
11 Q. And I'm sorry. I was just -- is it,
12 like, a manager of the presale department? Or
13 who decides whether to grant the postponement or
14 not?
15 A. I'm not exactly certain.
16 Q. Okay. Whoever that person is, they
17 would have access to be able to look at the file
18 and see when the foreclosure is set, because
19 they're being asked to postpone it, and to see
20 when the documents were received, that's what's
21 prompting the postponement request, and they
22 could also see that Defendants' Exhibit 7 had
23 been sent; correct?
Page 209
1 A. I don't have any information about
2 what they would have access to.
3 Q. Well, it wouldn't make sense for
4 them to not be able to see what letters were
5 sent?
6 A. I honestly don't know what they --
7 what that individual would have access to or
8 what they would -- I'm not sure -- I don't know
9 what their access --
10 Q. Okay.
11 A. -- to our systems would be.
12 Q. Have you ever seen a postponement
13 granted when the application comes in less than
14 seven days before foreclosure when Bank of
15 America is the investor?
16 A. I have not -- I can't recall a time.
17 There might have been -- I think I have seen a
18 postponement but it was in a different state.
19 California, for example, has their own -- the
20 homeowner bill -- their homeowner bill of rights
21 which would override any internal decisions or
22 any other state laws or any other federal or
23 whatever requirements with the seven days.
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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1 Q. Okay.
2 A. So I know that I've seen them -- I
3 think that we have to in that state do it if we
4 get anything, like, the day before, I mean, we
5 have to -- we just -- it's very difficult there,
6 but I haven't seen it in Alabama.
7 Q. Okay. And do you recall when that
8 package was sent to underwriting? Was it the
9 same day it was received or the following day?
10 A. I don't recall without the notes in
11 front of me.
12 Q. Okay. But in your review of those
13 notes, they appear to be accurate as far as the
14 dates of what's happening?
15 A. As far -- yes, yes.
16 Q. Okay. And I just want to ask you
17 one question about the complete package. That's
18 when all documents requested have been provided;
19 correct?
20 A. It's when all documents requested
21 have been provided, and I believe no additional
22 documents -- so it's not -- so just because we
23 have incomplete information that is sent and
Page 211
1 then they provide those documents does not mean
2 that we won't have additional follow-ups because
3 of once we receive those documents we might need
4 to have more questions and might need to
5 continue. But I believe it's when we send the
6 letters saying that we have a complete package
7 is when --
8 Q. And that's what Defendants' Exhibit
9 7 is contemplating, you will get a letter that
10 says give us more documents or everything is
11 complete?
12 A. Yes. But, like I said, the more
13 documents does not mean once those -- if
14 there's, like, two documents there, once those
15 two are submitted then it's a complete package.
16 The underwriter could still say, "I don't
17 understand. Like, I need another document."
18 Q. Right.
19 A. They can keep going on the
20 incomplete package.
21 Q. So you're sort of always at this
22 fork where they could say, "Okay. Now it's
23 actually complete," or we actually need now your
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1 tax returns or more bank statements or whatever,
2 but that's kind of the choice, they're either --
3 it's complete or we need more documents?
4 A. Yes.
5 Q. Okay. And you mentioned something
6 about a first filing, which I think I understand
7 that in a judicial foreclosure state. But what
8 would be a first filing in a nonjudicial state,
9 like Alabama?
10 A. Again, I don't know Alabama
11 foreclosure law in particular. I know in some
12 states the first -- like, we have to send out or
13 record certain notices. And so once, like, a
14 recording -- once we start on a -- you know,
15 intent -- I forget all the different
16 terminology. I'm thinking of other -- some of
17 the other states when we have deeds of trust
18 where we have to do, you know, notice of intent
19 to foreclose and then we have to file a notice
20 of sale and things like that. And so some
21 states consider there to be a first filing when
22 the first document being recording is part of
23 the foreclosure process.
Page 213
1 Q. Okay. When somebody is sending a
2 breach letter, I understand there's a template.
3 Do they have to sort of use you mentioned
4 drop-down menus. Do they use a drop-down menu
5 and say Alabama or would that automatically be
6 in the system that this is an Alabama place so
7 we're sending the Alabama breach letter?
8 A. I don't know.
9 Q. Okay. Do you know what required
10 changes were put on Bank of America with the
11 National Mortgage Settlement?
12 A. I am not that familiar with the
13 changes, no.
14 Q. You understand one of the changes is
15 that you have to be truthful and honest and not
16 misrepresent things to your borrowers; right?
17 A. I'm not sure that I've ever had that
18 pointed out to me as part of the National
19 Mortgage Settlement.
20 Q. Okay. Well, whether it's in the
21 National Mortgage Settlement or not, you
22 understand that you have an obligation to speak
23 truthfully with, for example, folks in Alabama?
(53) Pages 210 - 213
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 214
1 A. Yes.
2 Q. Okay. Do you understand that
3 Mr. Barnes is a nurse?
4 A. I have reviewed his deposition
5 testimony in preparation for this, so I did see
6 that he says he's a nurse in there.
7 Q. Okay. And his wife primarily takes
8 care of a special-needs child, did you --
9 whether from the deposition or otherwise, did
10 you know about that?
11 A. Yes.
12 Q. Okay. What role did the fact that
13 he's a nurse and they have a special-needs child
14 play in the way that they were treated by Bank
15 of America?
16 A. I'm not sure that -- I mean, we
17 would treat all of our customers with the same
18 care and attention, so I'm not sure that there
19 was -- you know, I'm not sure. I didn't see
20 anywhere in the notes that we treated them
21 differently because of that.
22 Q. Okay. Because of his profession,
23 they were not treated worse than everybody else
Page 215
1 in Alabama that Bank of America deals with?
2 A. Yes, that's -- no. For sure we
3 would not have treated them worse.
4 Q. So Bank of America will treat a
5 nurse the same as a teacher, as a minister, as a
6 plumber, as a senior citizens, as a young
7 person, married, single; you treat all of your
8 customers in Alabama the same way, is that what
9 you're telling me?
10 A. We would like to think that, yes,
11 for sure we do care and, you know, do the same
12 care and attention to all of our customers and
13 treat them all the same way. Yes.
14 Q. Okay. And we touched on this
15 briefly and I just wanted to ask you a couple of
16 questions. When I say "you," I mean Bank of
17 America. You understand if there's a
18 foreclosure, that is a very serious matter in a
19 family's life; right?
20 A. Oh, yes.
21 Q. And that's one reason why you
22 understand you have an obligation to make
23 absolutely sure that you're doing everything
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1 right before you foreclose?
2 A. Yes.
3 Q. Okay. Because you understand a
4 foreclosure results in a public record being
5 filed against the person, whether it's a
6 judicial state there would be a foreclosure or
7 nonjudicial state there's a foreclosure deed
8 filed in Alabama; you understand that, don't
9 you?
10 A. Yes.
11 Q. And you understand that that
12 foreclosure notation may appear on their credit
13 report?
14 A. Yes.
15 Q. And you understand that if they
16 apply for a loan or an apartment or something
17 involving credit they may be asked a question,
18 "Have you ever been foreclosed?" and they have
19 to check yes. You understand that?
20 A. Yes.
21 Q. And you understand that after a
22 foreclosure if, for example, Bank of America
23 buys the property, it may sue the person in
Page 217
1 Alabama to eject them or evict them from the
2 house. You understand that; don't you?
3 A. Yes.
4 Q. Or if it's sold to a third party, a
5 third party may sue, as happened here, sue the
6 Barnes to eject them or evict them from the
7 house. You understand that?
8 A. Yes.
9 Q. And if they lose that lawsuit, the
10 sheriff comes and says, "We're dragging all your
11 stuff out and we're going to physically take you
12 out of the house." You understand that, don't
13 you?
14 A. I'm not sure that I know the exact
15 process of what happens after we get our
16 judgment. But I understand overall, yes, that
17 if that is something that's allowed in Alabama,
18 for a sheriff to physically remove property then
19 -- and people, then that's what would happen,
20 yes.
21 Q. Okay. And if you -- let's back up a
22 second. So the ejectment lawsuit is kind of the
23 end of the process, getting the judgment in the
(54) Pages 214 - 217
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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1 ejectment case. Now if we back up, there's a
2 deed that transfers ownership from, for example,
3 the Barnes to Bank of America; right?
4 A. Yes.
5 Q. Okay. If we back up before you get
6 the foreclosure deed, there's an actual
7 foreclosure sale; right?
8 A. Yes.
9 Q. Before that, there's the foreclosure
10 notice?
11 A. Yes.
12 Q. And then if you back up from that
13 it's acceleration and then before that it's what
14 we've been calling the breach letter?
15 A. Yes. I'm not that familiar -- or
16 I'm not that familiar if there's a -- with
17 acceleration, but the breach letter is what
18 triggers an acceleration.
19 Q. Right.
20 A. Yeah.
21 Q. So, in other words, if there's not a
22 proper breach letter, then you can't accelerate
23 the loan, can you?
Page 219
1 MR. GERHARDT: Object to the form.
2 A. I am -- know that Bank of America
3 takes that step seriously and with our letters,
4 but I -- if you're ask -- to the extent that
5 you're asking me for a legal conclusion about
6 the effect of a deficient breach letter and
7 being able to foreclose, I'm not sure.
8 Q. (By Mr. Watts:) Well, let's say that
9 no breach letter was sent, could you then
10 accelerate the loan?
11 A. I understand if there is not a
12 paragraph 22 provision that we can.
13 Q. Okay. Well, let's stick with the
14 uniform instrument like we have here,
15 Defendants' Exhibit 1. If there's no breach
16 letter then you can't accelerate, can you?
17 A. I'm not sure how we would be able to
18 accelerate.
19 Q. And we're putting aside that one
20 paragraph that says if you try to sell the
21 property, but just for not paying, for not
22 having insurance or whatever the breach may be,
23 the default; if there's no breach letter, you
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Page 220
1 can't accelerate. And then let me ask you this:
2 If you don't send a breach letter, can you
3 advertise for foreclosure?
4 A. I'm not sure that our systems would
5 allow us to do that, no.
6 Q. Right. And regardless of your
7 systems, Paragraph 22 of Defendants' Exhibit 1
8 says you must send that breach letter; right?
9 A. Yes.
10 Q. Okay. So if you don't send that
11 breach letter, you can't advertise for the
12 foreclosure. And you understand if you can't
13 advertise for the foreclosure, you cannot
14 conduct the actual foreclosure sale. You
15 understand that; don't you?
16 A. Yes.
17 Q. And if you can't do the foreclosure
18 sale, there's no deed that can be given to Bank
19 of America or to a third party transferring
20 ownership. You understand that, don't you?
21 A. That can be no foreclosure deed,
22 there's obviously --
23 Q. Right.
Page 221
1 A. I mean, there is means or mechanisms
2 to do a deed in lieu --
3 Q. Right.
4 A. -- or something or a short sale. So
5 there's ways to transfer deeds without the
6 foreclosure sale but there would not be a
7 foreclosure deed.
8 Q. Right. And without ownership being
9 transferred to the Bank of America or to a third
10 party, then there can be no ejectment lawsuit
11 filed; right?
12 A. That would make sense to me, yes.
13 Q. So it's tremendously important that
14 the breach letter be done and be done properly.
15 You agree with that, don't you?
16 MR. GERHARDT: Object to form.
17 A. Yes.
18 Q. (By Mr. Watts:) So instead of
19 changing the language, why did Bank of America
20 just not copy and paste what Paragraph 22 says
21 in the breach letter rather than changing the
22 language?
23 A. Again, as I stated before, we
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 222
1 believe that that -- that our breach letter
2 complied with the Paragraph 22, and I would have
3 no other answer other than we believe it to
4 comply.
5 Q. I understand you believe that it
6 complies, but why change it in the first place?
7 Why not just put what's in Paragraph 22 to be
8 absolutely certain?
9 A. I don't know.
10 Q. Do you think part of it is to make
11 it confusing to the borrower so that they're not
12 sure they have the right to reinstate, they're
13 not sure that they have the right to bring a
14 court action to assert a defense?
15 A. I do not believe that we would be --
16 I do not believe that Bank of America would
17 intentionally try to do anything against our
18 homeowners.
19 Q. I mean, that would be very bad,
20 wouldn't it?
21 A. Yes.
22 Q. I mean, if Bank of America is out
23 there trying to confuse people before a
Page 223
1 foreclosure to discourage them from reinstating
2 the loan or discourage them from bringing a
3 court action, that would not be consistent at
4 all with being a good corporate citizen, would
5 it?
6 A. That would not be consistent with
7 our values. I do not believe that we did that
8 or we had any intention to be misleading or
9 intentionally -- you know, perform any intent.
10 We wanted to comply and we believe that our --
11 that we complied with that Paragraph 22 and that
12 we were not misleading or confusing.
13 Q. It would be shocking if Bank of
14 America changed the language to be confusing or
15 to mislead the consumer, wouldn't it?
16 A. Yes. And, again, it would be
17 against our values as I understand them.
18 Q. Tell me how many people in Alabama
19 that received the breach notice at least before
20 2018 when it was changed, how many of those
21 people has Bank of America gone to and said,
22 "Hey, we sent you a bad breach letter. We just
23 want to let you know that"?
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Page 224
1 MR. GERHARDT: Object to the form.
2 A. I have never seen anything in any
3 state where we -- sending any letter to anybody
4 indicating that the breach letter was not -- was
5 bad or somehow -- yeah, that it was bad.
6 Q. (By Mr. Watts:) And how many times
7 has Bank of America gone to Alabama consumers
8 who received one of these breach letters before
9 2018 who also was foreclosed based on one of
10 those breach letters and said, "Hey, your
11 foreclosure, it may be invalid because we sent
12 you a defective breach letter"? How many times
13 has that happened?
14 A. I am not aware of any time -- I'm
15 not personally aware of any time that that has
16 happened.
17 Q. And that would be inconsistent with
18 Bank of America's policies and procedures to go
19 to Alabama consumers and say, "Hey, we sent you
20 a defective breach letter. We may have
21 foreclosed on you improperly"? That's not what
22 Bank of America does, is it?
23 A. No. I don't believe that -- I don't
Page 225
1 believe that if I -- I believe with our values
2 that had a -- had we believed or had we seen an
3 error or a mistake as egregious to undo or
4 resend a foreclosure, we absolutely would have
5 done that. And so I don't -- and I don't think
6 that that's -- I'm not agreeing on the -- that
7 we wouldn't do that. We --
8 Q. Okay.
9 A. I think that we would had we found
10 an error rescind a foreclosure.
11 Q. So if Bank of America came to the
12 conclusion there are 20 or 220 or 1,020 or
13 10,000 bad foreclosures in Alabama because of a
14 defective breach letter, then Bank of America
15 would seek those people out and make that right?
16 Is that what you're telling me?
17 A. I mean, that's hard for me -- I
18 can't really speculate. I just -- I don't see
19 that we -- you know, our position is not that
20 we've done anything, that our breach letters do
21 not comply. But, you know, to the extent -- I
22 -- so I don't know what we would have -- what we
23 would do in those situations, how we would --
(56) Pages 222 - 225
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 226
1 how we would resolve and if there were any
2 errors, which I'm -- I don't believe that our
3 position is that we have made any errors in the
4 breach letter.
5 Q. Right. Assuming there were errors
6 and it had made the foreclosures invalid, what
7 would be consistent with Bank of America's
8 policies and procedures, to cover that up or to
9 go seek out those former homeowners and, say,
10 "We made a mistake. We want to make this
11 right"? What would be consistent with the
12 values and policies and procedures of Bank of
13 America?
14 A. I don't know.
15 Q. I mean, if the foreclosures were
16 wrong, wouldn't you think that Bank of America
17 would rush to fix that and take care of those
18 consumers that have been improperly foreclosed?
19 A. I would -- I mean, it's just very
20 hard. I don't see any policy or procedure where
21 -- it's not a situation that's happened, and I'm
22 just not sure exactly what we would do to try to
23 fix it.
Page 227
1 Q. I thought you had told me -- maybe I
2 misunderstood, but I thought you told me earlier
3 that if Bank of America realizes it's made a
4 mistake, it's done something wrong and that's
5 harmed a consumer that it would go fix that and
6 make that right?
7 A. That's what I personally believe
8 would be consistent with our values, but I don't
9 know, speaking as a corporate representative,
10 exactly how we could -- what we would -- what
11 the steps were that we would take and how we
12 would look at what we -- what we had done or
13 what was done.
14 Q. You just don't know?
15 A. I just don't know.
16 MR. WATTS: All right. Well, I
17 think that's what I've got. Again, I want to
18 reserve the right to continue this deposition
19 based on the topics in the deposition notice and
20 the documents that were requested. I'm going to
21 look through this Defendants' Exhibit 9,
22 whatever order y'all want are going in, if
23 that's okay with you.
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Page 228
1 MR. SEXTON: Do you want me to go?
2 THE VIDEOGRAPHER: We're off the
3 record. The time is 4:18 p.m.
4 (A short recess was taken.)
5 THE VIDEOGRAPHER: We are back on
6 the record. The time is 4:19 p.m.
7 EXAMINATION
8 BY MR. SEXTON:
9 Q. Yes, ma'am. I met you earlier this
10 morning. My name is Eddie Sexton, and I
11 represent W.A. Jones Construction. And I may
12 just have a couple of questions for you
13 depending on what your answers are.
14 Have you had a chance to review the
15 deed and closing documents for the sale from
16 Bank of America to W.A. Jones?
17 A. I believe that I have reviewed a --
18 a package, I'm not sure if they are the -- I
19 don't think I've seen the documents where Bank
20 of America, N.A., has executed just the
21 documents that were executed by W.A. Jones.
22 Q. Have you seen a copy of the deed?
23 A. I have seen a copy of the deed, yes.
Page 229
1 Q. Okay. I'm not going to mark it has
2 an exhibit yet, but do you understand that
3 Mr. Jones's company paid approximately $189,500
4 for that property?
5 A. Yes.
6 Q. Would you agree with me in your
7 position as the corporate representative of Bank
8 of America that assuming the Barneses'
9 foreclosure was invalid, that Bank of America
10 would be responsible to W.A. Jones for his
11 damages and have to refund his money paid for
12 the property?
13 MR. GERHARDT: Object to the form.
14 A. I don't know.
15 Q. (By Mr. Sexton:) Do you have some
16 way -- I mean, some reason to think that if the
17 foreclosure sale was invalid and Bank of America
18 had no right to sell the property to Mr. Jones
19 or Mr. Jones' company that Bank of America would
20 have any reason to claim to be able to keep the
21 purchase price paid for that property?
22 A. I don't know. I believe you're
23 asking me to draw a legal conclusion about the
(57) Pages 226 - 229
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 230
1 interpretation of all of the documents that were
2 signed at the closing, and so I just don't -- I
3 -- I, unfortunately, am not able to answer
4 whether or not we would -- what legally we were
5 allowed to keep or what was agreed to.
6 Q. Well, I know you're not here as a
7 lawyer. Tell me under what circumstance you
8 believe that you could sell W.A. Jones a piece
9 of property that the bank doesn't own and keep
10 his money when he doesn't -- when he does not
11 get possession or ownership of the property?
12 A. I just don't have enough information
13 to know about that circumstance. I'm not saying
14 that we would be able to or we wouldn't, I'm
15 just not -- I just don't have enough
16 information.
17 Q. What about you personally?
18 A. Again, I don't know what the -- all
19 the documents were agreed to and how to draw
20 that legal -- the legal interpretation of all of
21 the documents that were signed as part of the
22 sale. And so it's just not clear to me what we
23 could do or not do.
Page 231
1 Q. Okay. Can you describe to me a
2 circumstance in your mind that would allow you
3 to keep his money -- keep Mr. Jones's money when
4 Bank of America sold him a piece of property
5 they didn't own if the foreclosure was invalid?
6 A. I don't know.
7 Q. I have some more questions. Have
8 you ever seen any policies or been told by
9 anybody at Bank of America that if we sell
10 property to a third party that we've foreclosed
11 upon that we're not going to undo that
12 transaction and refund the people's money?
13 A. I haven't seen a policy about that
14 either way. Whether -- again, all I understand
15 is that the sales contracts and all the
16 documents signed as part of the closing would
17 dictate what we -- you know, what legally --
18 remedies we would have, whether we're obligated
19 to repurchase the property, whether the third
20 party is obligated to resell to us the property
21 regardless of the validity or invalidity of the
22 foreclosure, so.
23 THE VIDEOGRAPHER: Alana?
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Page 232
1 MR. SEXTON: How do y'all want to
2 number exhibits?
3 MR. WATTS: Why don't you just be
4 the plaintiff, I guess?
5 A. (By Mr. Sexton:) All right. I don't
6 have an extra copy of this deed. But I'm going
7 to show you what I've marked as Plaintiff's
8 Exhibit 1 and ask you if you've seen that
9 before.
10 (Plaintiff's Exhibit 1 was
11 marked for identification.)
12 A. I believe that I have -- I believe
13 that it was something that we produced in --
14 this document, it does not have a Bates stamp on
15 it, but I believe I reviewed a deed that was
16 produced by Bank of America.
17 Q. Okay. Flip over to the second page
18 -- the third page. Does it have a signature
19 page?
20 A. Yes.
21 Q. And who is that signature from?
22 A. It appears to be Lori Michelle Case,
23 an Assistant Vice President for Bank of America,
Page 233
1 N.A.
2 Q. Okay. Do you have any reason to
3 dispute that that is the deed that was signed by
4 the Bank of America representative to W.A. Jones
5 Construction?
6 A. I do not.
7 Q. Okay. Take a second to look at it
8 and tell me if you can see anything in there
9 that would allow Bank of America to keep W.A.
10 Jones Construction Company's money if the
11 foreclosure sale was invalid?
12 A. So to the extent that this document
13 states that the seller, which would be Bank of
14 America, makes no representations or warranties
15 of any kind or nature other than those set above
16 whether expressed or implied by law or otherwise
17 concerning the condition or -- of the title of
18 the property, that would be my only area that I
19 would see in this particular document. Again, I
20 saw there were several other documents --
21 Q. Okay.
22 A. -- signed around -- signed around
23 the same time of the closing that could be
(58) Pages 230 - 233
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 234
1 dictating. And, again, I'm not trying to -- I'm
2 really just trying to say I don't know either
3 way about whether we could keep the money or we
4 could not. As we sit here, I just don't have
5 that information.
6 Q. Okay. What conditions of the title
7 that are expressed above that paragraph do you
8 see that would allow Bank of America to keep
9 that money?
10 A. I'm not seeing anything. That's --
11 that's the only section that I understand from
12 having reviewed other deeds that just mean if
13 there -- if there is no warranty then I'm not
14 sure if the condition of the property -- if the
15 title of the property were not to be good,
16 whether we would be technically obligated to do
17 anything about that if there's no warranty.
18 That's my only -- but, again, I don't want to
19 get into a legal conclusion about that.
20 Q. Okay. Who would make -- who would
21 make that decision about whether or not you
22 would refund money for Bank of America?
23 A. I would imagine -- well, if you're
Page 235
1 asking about this particular case, it would be
2 -- we would rely on our attorneys to help us
3 make that decision. And I'm not sure who would
4 make the ultimate decision, but since there's --
5 with the lawsuit now, it would -- and I'm sure
6 involve a settlement.
7 Q. What about an investor? Would an
8 investor be involved in that decision?
9 A. Not as it pertains to this
10 particular property since this property was
11 owned by Bank of America, N.A.
12 Q. Have you seen instances where Bank
13 of America has had an invalid foreclosure
14 situation where they had sold the property --
15 where Bank of America had sold the property to a
16 third party and kept the money for the purchase
17 price?
18 A. I have seen situations where the
19 third party has refused to relinquish title to
20 the property and so as a result were not
21 refunding the money even though we believe or
22 understands -- our position is that the
23 underlying foreclosure is not valid. So I have
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Page 236
1 not seen a situation where the third party would
2 like to give the property back -- would like to
3 sign over the property back to the bank in order
4 to rescind the foreclosure and us refuse to
5 refund the money. For the most part, the
6 third-party purchaser is wanting to hold on to
7 the title regardless of the condition --
8 regardless of the validity of the foreclosure
9 and not negotiate with the bank on refunding the
10 money.
11 Q. Would you agree with me that if the
12 Bank of America foreclosure process and
13 procedures were invalid that they have no
14 interest in the property to sell and no right to
15 sell the property to a third party?
16 MR. GERHARDT: Object to the form.
17 A. I'm not -- I am not sure I
18 understand how the title works in that
19 situation --
20 Q. (By Mr. Sexton:) If the --
21 A. -- where we have a foreclosure deed
22 out there and that a warranty deed or another
23 deed how we can go about invalidating -- how we
Page 237
1 clear that all up if the underlying foreclosure
2 is considered invalid.
3 Q. You understand that Bank of America
4 is in invalid foreclosure situation obtains no
5 ownership interest in a property through a
6 foreclosure other than it would have already had
7 as a mortgage holder?
8 A. Again, I'm just not really certain
9 how the title works in those situations and
10 since, you know --
11 Q. So you think Bank of America maybe
12 could have an invalid foreclosure and then sell
13 a property that it had a mortgage on and
14 dispossess the owners from that property?
15 A. I haven't seen a situation where a
16 court has ruled our foreclosure invalid where we
17 were -- where it's all been -- you know, other
18 than, I guess, having to come to some sort of
19 settlement where the third party who purchased
20 out of REO was -- you know, I just haven't seen
21 -- I just haven't seen that type of scenario.
22 It would involve -- there's kind of, like, two
23 issues. There's the title issue, the deeds that
(59) Pages 234 - 237
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 238
1 are out there that are on the title, and then
2 there's the foreclosure itself. And I'm not
3 really sure how they interplay if the
4 foreclosure is deemed to be not --
5 Q. Let me slow you down. I'm just
6 asking you if the foreclosure sale should not
7 have taken place and was determined by a court
8 to be invalid and an improper foreclosure, do
9 you contend that Bank of America would still
10 have an interest in that property that it could
11 sell to somebody?
12 A. I believe it would be up to the
13 court to determine that. And if I said that we
14 don't, I suppose we didn't have interest at the
15 time to sell so I'm assuming those deeds -- but,
16 again, it's kind of getting into legal
17 conclusions. You're asking me to draw what
18 would -- sort of legally what would happen. We
19 would comply with whatever the court said we had
20 to do in order to get the title clear and
21 corrected to whomever should end up with it.
22 Q. What is your actual job at Bank of
23 America?
Page 239
1 A. I am an assistant vice president
2 consumer resolution associate.
3 Q. What is that?
4 A. I maintain a portfolio of mortgage
5 loans that have some litigation on them. And I
6 work primarily by reviewing business records
7 with our in-house and outside counsel in
8 resolving the litigation. And then I'm also
9 available to testify in depositions, trials and
10 mediations.
11 Q. Is there a document that gives a job
12 description for your job duties?
13 A. Not that I'm aware of.
14 Q. Who told you what your job duties
15 were?
16 A. So I would have learned about my job
17 duties or they would have assigned to me -- my
18 portfolio is assigned to me by my manager.
19 Q. Who is your manager?
20 A. Her name is Terry Esposito.
21 Q. Where is she located?
22 A. In Jacksonville, Florida.
23 Q. Is that where you're located?
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Page 240
1 A. No.
2 Q. Where are you located?
3 A. Out of Addison, Texas.
4 Q. Are these files transferred to you
5 in some kind of magnetic recording or
6 electronically recorded, or do you get the
7 actual hard copies?
8 A. They're -- the case files -- we
9 maintain all of our documents electronically and
10 so I get them assigned to me electronically.
11 Q. So, for example, in the Barnes case,
12 if you wanted to print out every document that
13 you had on the Barnes case, you could just hit
14 print on that category of documents?
15 A. So I manage the litigation file or
16 the case, I'm responsible for that. So we could
17 -- we could print out from my system. However,
18 my system is made up of -- only of
19 communications between our outside counsel and,
20 you know, me or whoever the specialist is on the
21 case.
22 And then if you're talking about the
23 loan file for the Barnes, there is an image
Page 241
1 platform we call Document Image Portal, and you
2 could -- I believe there is a mechanism to go in
3 and select every document in there and print it
4 off. I actually believe that to be what
5 happened in this case and what was produced in
6 this case.
7 Q. You said you're responsible for the
8 litigation of the files that are referred to you
9 in your portfolio like the Barnes case; correct?
10 A. This case actually isn't in my --
11 what I consider my portfolio. I'm here to
12 testify at the deposition. I've not been
13 assigned to manage the litigation.
14 Q. Okay. Who is assigned or
15 responsible for the Barnes's case?
16 A. I -- I can't recall the person who
17 does the day-to-day discussions with our
18 counsel.
19 Q. When you are responsible for a case,
20 does that give you the decision-making authority
21 to try to resolve a case or determine what --
22 how to litigate a case?
23 A. So we communicate with our outside
(60) Pages 238 - 241
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 242
1 counsel and we would rely on them to assist us
2 plus our in-house counsel. But on certain
3 cases, the decision of whether to settle or not,
4 I mean, yes, I would -- we would -- I would be
5 the person to at least whom outside counsel, if
6 they got a settlement demand, would approach me
7 to ask if I wanted to do that. And then I would
8 have to take it elsewhere in general unless it's
9 -- I think I have a little bit of settlement
10 authority, but unless it's -- unless it's under
11 that limit, and I would still probably want to
12 speak -- talk it over with my manager before I
13 agreed to settle a case, so.
14 Q. And I'm really asking you something
15 much more simple than that. But what I'd like
16 to know is who is responsible for making a
17 decision about -- in this case about whether or
18 not to refund money to Mr. Jones in the event
19 this foreclosure's determined to be invalid?
20 A. I would -- I mean, if you needed to
21 know that information, I would say absolutely
22 talk with our -- with our attorneys and they
23 could pass that information to the decision
Page 243
1 makers. In our -- in this particular case, I --
2 it -- because it would be part of a settlement
3 at this stage, right, if they were interested,
4 and I think there would be inside -- in-house
5 counsel and --
6 Q. Okay.
7 A. -- maybe some input from other
8 departments on deciding on as to whether to
9 refund the money.
10 Q. I understand. You're put up as the
11 corporate representative for Bank of America; is
12 that correct?
13 A. Yes.
14 Q. And you're the one that's supposed
15 to know the most about this file other than
16 anybody else or any other representative that
17 could be designated for that purpose; correct?
18 MR. GERHARDT: Object to the form.
19 A. I understand that I was designated
20 as the corporate representative. I'm not sure
21 the standards -- if it says I have to be the
22 most knowledgeable in Alabama then, yes, I am
23 the most knowledgeable.
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Page 244
1 Q. (By Mr. Sexton:) Prior to coming
2 here today, had you ever seen the deposition
3 notice --
4 A. Yes.
5 Q. -- from -- when did you first see
6 it?
7 A. I -- sorry. I wasn't sure if I
8 needed to pause or not. I believe I saw it
9 maybe a week or so ago.
10 Q. What did you do with it, if
11 anything?
12 A. I read it and then I had a
13 discussion with counsel, which I obviously can't
14 go into, but I had a meeting.
15 Q. I'm not asking you about that. Did
16 you meet or talk to anybody at Bank of America
17 outside the presence of your counsel where you
18 gathered documents or reviewed the categories or
19 anything of that nature?
20 A. I believe I spoke or e-mailed with
21 my manager about a particular entry and what
22 that meant.
23 Q. What entry was that?
Page 245
1 A. So when the bid instructions were --
2 so I understood to be one of the issues the
3 question of how much -- why we bid what we bid
4 at our foreclosure sale. And so I could see how
5 we made that determination but I didn't
6 understand -- or I could see that the
7 determination was made and I understood the
8 process but we have to use something we called
9 REOV. And I didn't know what that was, so I
10 asked and got an answer.
11 Q. What was it?
12 A. It's a proprietary Bank of America
13 system and it models -- you input -- it predicts
14 the sales price based on the predictive sales
15 proceeds -- gross sales proceeds plus certain
16 costs.
17 Q. How many other lawyers or other
18 employees -- all right. Back up. Do you have
19 to be a lawyer to be in your position?
20 A. No.
21 Q. You just happen to be one; correct?
22 A. Yes.
23 Q. Are most of the people in your
(61) Pages 242 - 245
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 246
1 position at Bank of America that are in a
2 parallel or lateral positions, I guess, are they
3 lawyers?
4 A. No.
5 Q. Okay. How many other people are --
6 would be in a literal position at Bank of
7 America?
8 A. I believe the people who have the
9 same job title as me, I think that there's
10 around 30 of us.
11 Q. Okay. And would they all handle the
12 same or a similar number of files as you do?
13 A. I don't know that they don't handle
14 the same number. I'm not really privy of the
15 amount that they handle portfolio-wise. They're
16 in the same -- they're the -- on the same team
17 that's available to travel for the depositions,
18 trials and mediations.
19 Q. Okay. So is that mainly what you do
20 is you just look over a file -- you said
21 responsible for it, but you look over a file and
22 then come and give a deposition about what you
23 saw in there?
Page 247
1 A. No. I would say that less -- at
2 this point, less than 50 percent of my time is
3 spent on the cases on which I travel or attend
4 events for. The other half of the time is spent
5 managing the cases I have.
6 Q. Okay. But as I understand it, you
7 don't have any decision-making authority for
8 those files; correct?
9 A. No, that's not correct.
10 Q. Okay. Well, what decision authority
11 do you have for those files?
12 A. Again, these are all cases with
13 litigation where we're represented by counsel.
14 And so to the extent that counsel comes to me
15 and has -- needs some case direction that the
16 bank needs to provide, then that's what I would
17 do ultimately. I might have to reach out
18 depending on what they're asking, but I can
19 settle cases and, yeah, provide some settlement
20 authority.
21 Q. Do you know how many foreclosures in
22 Alabama have been either set aside as invalid or
23 vacated? Do you have any estimate about that?
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Page 248
1 A. I do not.
2 Q. Do you know of any in Alabama that
3 have been set aside or vacated that were with
4 Bank of America?
5 A. I personally am not aware of any,
6 but -- or that I can recall.
7 Q. Have you ever heard that, that they
8 were?
9 A. I'm -- it's not something that I've
10 really discussed with anybody else or --
11 Q. Do y'all have meetings between
12 people in your lateral job?
13 A. Yes.
14 Q. Seminars, things like that?
15 A. No, not -- not seminars. We just
16 have -- we have meetings, I think, once or twice
17 a month.
18 Q. Do you do any continuing education
19 to keep up-to-date with what the requirements
20 are for foreclosures, for notices, for various
21 things like that related to mortgages?
22 A. We do annual compliance training and
23 -- which is more kind of top level. I'm not
Page 249
1 aware -- or my department doesn't currently, as
2 I understand it, have any sort of ongoing annual
3 training or anything to update us on how we
4 conduct our positions.
5 Q. Okay. So --
6 THE VIDEOGRAPHER: We need to change
7 tapes.
8 MR. SEXTON: Okay.
9 THE VIDEOGRAPHER: This ends
10 Videotape Number 5 of the deposition of Jessica
11 Woodbridge. The time is 4:44 p.m.
12 (A short recess was taken.)
13 THE VIDEOGRAPHER: This marks
14 beginning of Videotape Number 6 of the
15 deposition of Jessica Woodbridge. The time is
16 now 4:48 p.m.
17 Q. (By Mr. Sexton:) Do you know or have
18 you seen any information that will give you an
19 idea of when this loan was purchased by -- I
20 mean, by Bank of America?
21 A. Yes.
22 Q. When was that?
23 A. I show that we purchased it or we
(62) Pages 246 - 249
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 250
1 became the investor on 1/25/2013. And that I
2 guess prior to that -- I think we had already
3 discussed prior to that it looks like
4 Countrywide -- this was a correspondent lending
5 loan, so that Countrywide sort of, I think,
6 within the same month -- it was transferred to
7 Countrywide within the same month of
8 origination. And then it was sold to Fannie
9 Mae, so from that -- so roughly either -- either
10 May or June of 2006 until that 1/25/2013 it was
11 owned by Fannie and then it went to Bank of
12 America, N.A.
13 Q. Okay. Did Bank of America require
14 it as any part of a lump sum of loans or
15 mortgages or was this one handled on an
16 individual basis?
17 A. I don't know. If you're talking
18 about the 2013 date, yeah, I don't know.
19 Q. Did you see anything unusual in
20 reviewing the file about the way Bank of America
21 took it over or any problems with the loan prior
22 to Bank of America taking it over?
23 A. I'm not sure that I reviewed that
Page 251
1 information in preparation for this deposition,
2 but I did not see anything in any of the
3 servicing notes indicating any reason why it was
4 repurchased or why we acquired it from Fannie
5 Mae.
6 Q. Who would know that information?
7 A. I -- you know, I think that we're
8 getting -- I think that it would -- likely to be
9 part of a -- I think it might be legal
10 department. I'm not really sure who would know.
11 I know we have a reps and warranties team, and
12 to the extent that it -- you know, I would be
13 somewhat speculating as to that we acquired it
14 under that system, that Fannie told us we had to
15 repurchase. But if we did it, that it would be
16 there. It could have also been part of some
17 sort of settlement with them. I'm not really
18 sure.
19 Q. Okay.
20 A. Again, I just didn't look into the
21 circumstances surrounding why we acquired it.
22 Q. Would those records be included
23 within the loan file?
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1 A. I don't -- I think sometimes I can
2 see servicing notes saying something, but in
3 this particular loan file, I did not see any
4 notes indicating any reason given for why there
5 was the ownership transfer.
6 Q. Tell me what kind of training or
7 education Bank of America provided to you prior
8 to your employment that would in any way assist
9 you in determining whether or not a mortgage was
10 valid or a foreclosure was valid or the
11 procedures and processes that led up to a
12 foreclosure were it valid?
13 A. So you're asking me what Bank of
14 America trained me on prior to being employed
15 with Bank of America?
16 Q. Prior to or after.
17 A. So I did receive training when I was
18 first employed.
19 Q. How long did that last?
20 A. I believe -- so that year, I think I
21 had a week training maybe when I first
22 onboarded. And then, for whatever reason, we --
23 they decided to sort of retrain everybody in the
Page 253
1 entire department, and that was -- I -- this all
2 happened -- I was employed starting in 2012, so
3 it was a long time ago. And I recall there
4 being, like, maybe 14 or 15 modules or -- it was
5 a virtual -- it was a virtual instructor-like
6 training so we all were trained again at the
7 same time on what the duties and
8 responsibilities of what a mortgage loan is and
9 what --
10 Q. Were you --
11 A. -- foreclosures are.
12 Q. Sorry. Were you trained in any way
13 to be able to look at foreclosure notices and
14 determine whether or not they complied with the
15 foreclosure or with the mortgage document?
16 A. I don't recall any specific training
17 on how we would determine that. I, again, had
18 -- believe that -- I don't know how I became or
19 under -- became to the understanding that we
20 comply with those -- with the mortgage
21 documents, so --
22 Q. That was my question.
23 A. That's kind of my understanding is
(63) Pages 250 - 253
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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Page 254
1 I'm not -- I just can't recall where exactly I
2 first heard it, whether it was part of that
3 onboarding training or if it's just been
4 throughout the time when having to learn about
5 these issues, but I don't --
6 Q. Because multiple times today you've
7 said that you believe and you've heard and that
8 Bank of America complies with the mortgages in
9 as far as their foreclosure procedures go; is
10 that fair?
11 A. Yes.
12 Q. Where did you get that information,
13 that they complied?
14 A. I believe that part of that would
15 have been from these trainings, you know, the
16 onboarding training that I received about
17 foreclosures. I also believe there to be -- I
18 think I have to do -- or I know that I've taken
19 some annual compliance training about -- I
20 believe about foreclosures and the mortgage --
21 how a foreclosure works -- you know, a top
22 level, how a generic foreclosure would work.
23 And then, you know, just policies and procedures
Page 255
1 possibly through management. I'm not really
2 exactly certain where I would have understood
3 that.
4 I just don't -- I don't see why we
5 wouldn't want to comply with everything our --
6 we -- that's what we intend to do.
7 Q. All right. And I understand that
8 you think that they want to and you think that's
9 what the corporate mindset is. But as far as
10 actual compliance with a mortgage, as far as the
11 notice of requirements and things of that
12 nature, you don't have any expertise in that, do
13 you?
14 A. I am not being put forward as an
15 expert, no.
16 Q. But you don't have any expertise in
17 that even if you were being put forward as an
18 expert in that, do you?
19 A. I'm not sure I understand your
20 question.
21 Q. Do you think you have the legal
22 ability to look at the notices and determine
23 whether or not they comply with the default
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1 provisions in the mortgage?
2 A. I do not believe that I'm -- would
3 have -- or that I should be speaking because I
4 am not an expert or don't have any knowledge or
5 should not be speaking about my -- any legal
6 position -- legal analysis or conclusions.
7 Q. Would you agree with me that Bank of
8 America's representatives at least referenced
9 and represented to W.A. Jones Construction that
10 it had the right to sell the property prior to
11 him purchasing it or his company purchasing it?
12 A. I am not exactly sure what we told
13 W.A. Jones.
14 Q. You've seen the deed; right?
15 A. Yes.
16 Q. They signed it; correct? Bank of
17 America signed it?
18 A. Yes.
19 Q. And they say they transferred it;
20 right?
21 A. Yes.
22 Q. Can you imagine that they wouldn't
23 have represented to him that they have the right
Page 257
1 to transfer it and sell it?
2 A. I cannot think that we would not
3 have -- but I -- but, again, I'm just not sure
4 of what exactly we told anyone.
5 Q. Do you think any reasonable person
6 would purchase a piece of property from anybody
7 and not have the understanding that those people
8 own the property to be able to sell it to them?
9 A. I would not think that anyone would
10 do that, no.
11 Q. And Bank of America was representing
12 to Mr. Jones that they own that property and
13 that they had taken it legally through
14 foreclosure. Would you agree with me that it's
15 reasonable for him to rely on what they told him
16 about that property?
17 A. Again, I can't speculate. I'm not
18 sure what we exactly told anybody about this
19 property other than I can see in the documents
20 that we said that it was a foreclosure and that
21 -- that we kind of weren't making any
22 conditions. So that it was known that it was a
23 foreclosed-upon property and that we were not
(64) Pages 254 - 257
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 258
1 making any representations about the condition
2 of the property.
3 Q. You're not saying that Bank of
4 America under any circumstances would sell a
5 piece of property to a third party that they
6 didn't think they owned or that they thought
7 they wrongfully foreclosed on, are you?
8 A. I do not believe we would do that,
9 no.
10 Q. And you don't expect that they did
11 that here; correct?
12 A. That's correct.
13 Q. So would you agree with me that Bank
14 of America and its employees and representatives
15 had more information than Mr. Jones would have
16 about problems with their foreclosure process or
17 defects in their foreclosure process?
18 A. That we have more information, yes.
19 Q. Okay. That if there had been a --
20 if there was, whatever, a lockstep problem in
21 every foreclosure that Bank of America would
22 have a lot more information about that than
23 Mr. Jones; correct?
Page 259
1 A. Yes.
2 Q. Have you been involved in any or
3 seen any mortgage foreclosures that were set
4 aside in any other states? You said you had not
5 in Alabama; what about anywhere else?
6 A. I am not sure that I've seen -- I
7 just can't recall if I've seen a case or had a
8 case where the court set aside. I have seen
9 cases that we may have settled that way or may
10 have chosen to take certain actions and -- in
11 the process of a litigated matter. But I can't
12 recall or I just personally can't recall it or
13 think of a situation where --
14 Q. Who -- who would know that, the
15 number of mortgages that have been declared or
16 the number of mortgage foreclosures that have
17 been declared invalid or determined to be
18 invalid?
19 A. I'm not sure.
20 Q. You don't think they keep up with
21 that? Never seen any information, statistics,
22 anything like that?
23 A. I have never received or I do not
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1 believe that I've ever received a report about
2 -- with -- containing anything with the number
3 like that.
4 Q. Do you get reports from time to time
5 or memos from time to time, I mean, maybe not
6 formal reports that talk about, "Oh, we're doing
7 this wrong" or "We're doing that wrong" or "We
8 need to watch this closer," things of that
9 nature?
10 MR. GERHARDT: Object to the form.
11 A. I don't believe that I've seen
12 anything like that. I've, you know, seen
13 situations where the only things that I -- that
14 we would see are perhaps court rulings. So
15 with the -- if a certain state supreme court
16 ruled a particular way, sometimes we get
17 information about a change that -- that -- in
18 our how we testify. And then I've also seen
19 things to the -- certain allegations that start
20 popping up certain places, we might -- that
21 sometimes I have seen sort of discussions on how
22 to -- you know, that there was some sort of
23 trends coming somewhere.
Page 261
1 Q. (By Mr. Sexton:) You don't get
2 regular memos advising you about what the
3 current state of the law is in different cases
4 that you're over cases or responsible for when
5 litigation is involved?
6 A. No, I do not.
7 Q. Did they just leave that up to you
8 to do your own research and try to figure out
9 what is in compliance and what is not in
10 compliance?
11 A. So we rely on our outside counsel,
12 and so I -- I guess I should say I can't think
13 of any that I haven't received that didn't come
14 -- you know, sometimes the law firms will send
15 things to their clients around about trends that
16 they're seeing. I can't think that I -- I don't
17 think I'm on a particular attorney's Listserv,
18 but occasionally I have seen those type of
19 things but those are all with counsel. And,
20 like I said, we rely on our counsel to determine
21 trends in state laws and things like that.
22 Q. So is it fair to say absent some
23 sort of litigation or claim against Bank of
(65) Pages 258 - 261
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 262
1 America that there is no real oversight about
2 compliance as far as mortgage foreclosure
3 process?
4 MR. GERHARDT: Object to the form.
5 A. No, that's not -- that's not
6 accurate.
7 Q. (By Mr. Sexton:) Okay. Was what is
8 in effect? What compliance procedures are in
9 effect?
10 A. I mean, we have a whole compliance
11 department and we have internal controls --
12 Q. Uh-huh.
13 A. -- and --
14 Q. What kind of information do they
15 provide?
16 A. So my department only handles
17 litigated files, so I don't know that I see that
18 stuff. But if you're talking about
19 foreclosures, that would be our compliance
20 department and then the internal controls and
21 processes within that department. We don't --
22 my department only handles it once there's been
23 an answer filed in a complaint or a -- somebody
Page 263
1 has filed a complaint against us. We don't -- I
2 don't see it -- we don't see a case if it's, for
3 example, a contested foreclosure; that's not
4 going to come to my department.
5 Q. So you don't have any personal
6 knowledge of any compliance training or
7 education that people in other departments
8 receive; correct?
9 A. That's correct.
10 Q. Are you familiar with the condition
11 of the vast majority of properties that get
12 foreclosed on and get taken over by the bank?
13 A. I have -- yes, I've heard
14 discussions about the general conditions.
15 Q. Okay. Would you agree that
16 generally they may not be well maintained, they
17 may need work, they may be damaged, things of
18 that nature?
19 A. Yes.
20 Q. And that certain repairs would have
21 to be made to them before they could be
22 marketable and sold on a general basis?
23 A. Yes. We discover there's often a
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1 lot of deferred maintenance on properties.
2 Q. Is that pretty common knowledge
3 within the Bank of America?
4 A. I don't know if it's common
5 knowledge. I would speculate that my entire
6 department -- that my department -- that the
7 employees of my department would agree with it,
8 but I can't speak to -- I mean, it's a very
9 large corporation -- what we would all
10 understand conditions of properties.
11 Q. And if Bank of America sells a piece
12 of property to a third party that it had bought
13 at the foreclosure sale, you would -- would it
14 be reasonable to expect them to -- the new
15 owners to have to come in and clean up the
16 property, spend money repairing the property,
17 insure the property and incur certain expenses?
18 A. I'm not sure that we really consider
19 either way, but we --
20 Q. You would expect that, wouldn't you?
21 A. To the extent that we know or have
22 access to the property prior to the REO sale and
23 we know the condition or that we can see
Page 265
1 anything then, yes, I would imagine we would
2 know that.
3 Q. Okay. And you have the general
4 knowledge that the general condition of
5 foreclosed properties is worse than other
6 properties?
7 A. Yes, yes. I could -- I believe
8 that.
9 Q. In the litigation files that you've
10 reviewed or have reviewed -- let me back up.
11 How many litigation files involving allegations
12 of wrongful foreclosure have you reviewed since
13 you've been at Bank of America?
14 A. I have not kept track, but the vast
15 majority of the condition -- or I guess I
16 shouldn't say that. So the vast majority of my
17 portfolio throughout the time, the six years
18 that I've been -- nearly six years that I have
19 been at Bank of America, N.A., have involved a
20 foreclosure. And so whether it be an answer in
21 a foreclosure complaint or if it's filed as a
22 wrong -- a technical wrongful foreclosure, I
23 would say the majority of our cases have to do
(66) Pages 262 - 265
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
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1 with foreclosure.
2 Q. Would you say you've reviewed
3 thousands?
4 A. Hundreds if not thousands, yes.
5 Q. And would that be a like number for
6 the other people in your lateral position?
7 A. I don't know what they have in their
8 portfolio, but I would have no reason to believe
9 that their portfolio wouldn't roughly correlate
10 to mine, that the majority of my loans in my
11 portfolios have been, you know, something
12 involving a foreclosure --
13 Q. So --
14 A. -- and allegations under that.
15 Q. So the ones that you've reviewed are
16 only the ones where there's some type of, like,
17 judicial action or litigation involved?
18 A. Yes. In order to come to our
19 department, there has to be either -- we're a
20 defensive litigation group, so it has to either
21 be an answer or counterclaims in a -- it's
22 either we're the plaintiff or we're the
23 defendant.
Page 267
1 Q. I understand. So if somebody like
2 the Barnes would have complained about well, we
3 got -- say, for example, that Defendants'
4 Exhibit 7, the notice about submitting the loan
5 modification paperwork, if somebody like the
6 Barnes would not have gone all the way to
7 litigation, like we are, if they would have
8 complained to Bank of America about, "Well, we
9 didn't know it. We thought you were going to
10 foreclose or stop the foreclosure proceeding.
11 It said that in this letter," would that --
12 those kind of cases would be handled by who?
13 A. So, I mean, typically the homeowner
14 would have called in, so it would have -- it
15 would first start with the CRM and then we have
16 a complaints procedure. Often, if it was
17 something where they were kind of getting close
18 to a litigation or had expressed a lot of
19 difficulty, we do have an escalated --
20 Q. What -- what --
21 A. -- department or, you know, a --
22 Q. What department would handle that?
23 A. I can't recall the name of it --
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1 what the current name of it is, but it would be
2 like an escalated complaints group or something
3 to that effect.
4 Q. Do you have any estimate as to how
5 many of those types of claims have been made
6 against Bank of America since you've been there?
7 A. I do not. It's not -- it's not in
8 my department and so I -- it's not something
9 that I have looked for or given or told about.
10 Q. Do you have any information or have
11 you seen any information in the Barneses' file
12 about what actions Bank of America may have
13 taken to determine that they had the right to
14 sell the property to W.A. Jones Construction?
15 A. Can you repeat the question?
16 Q. Uh-huh. I don't know if I can
17 exactly repeat it. What information have you
18 seen in the Barneses' file that indicates
19 anything Bank of America did to satisfy itself
20 that it had the right to sell the property to
21 W.A. Jones Construction?
22 A. I can -- I'm not sure that I saw --
23 that I have seen the piece after the foreclosure
Page 269
1 sale. But prior to that, I can see that this
2 loan went to the foreclosure review committee,
3 that there was a review of the file at that time
4 to see whether the -- all conditions precedent
5 had been met to foreclose.
6 I can also see that there was a
7 determination to send it to -- to refer it to
8 our foreclosure counsel and that there are
9 certain sort of check points along that route
10 that they're required to inform us of. And then
11 I could see that when it came -- I believe that
12 we do a 48-hour -- I know that there is a review
13 within 48 hours of the sale and that when --
14 that's when the bid instructions are created.
15 Q. Uh-huh.
16 A. And there's also a review at that
17 point to look to make sure and there's sort of
18 like a go/no go of whether it's ready -- whether
19 we need to postpone the sale or if it's ready to
20 go to sale based on certain, you know, criteria.
21 Q. What documents were reviewed in this
22 case?
23 A. I know that we look at the FCRA --
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018
Page 270 Page 272

1 for FCRA information, so that's the -- to make
2 sure that they were not a military -- they're
3 not members on active duty in military on
4 overseas deployment. And I could see that we
5 reviewed to ensure that there was no -- that
6 they weren't active in loan modification. I
7 believe we reviewed to make sure there wasn't a
8 bankruptcy. And I'm not sure, but I believe
9 though we also would have made sure that all
10 states compliance -- letter -- that it was ready
11 to go to foreclosure sale, that any
12 state-required actions had been taken.
13 Q. Okay. Did you see in there any
14 information that would have included Defendants'
15 Exhibit 7 where it talks about staying
16 foreclosures or stopping foreclosures after
17 submission of the loan modification documents?
18 A. So I believe that we did see a -- I
19 did see a notation or they were suppose -- they
20 were to look for a -- actual, like, plan of a
21 decision having been made and a plan being in
22 place, like a trial period plan -- a lost
23 mitigation plan or some sort being in place
1 A. Did we? I am -- I thought that we
2 -- I thought the sale was or the final --
3 finalization according to our notes I thought it
4 was --
5 Q. You've got the deed.
6 A. Yes.
7 Q. What date does it have?
8 A. It says June 26, 2017.
9 Q. And that's before the August 2nd
10 foreclosure date; correct?
11 A. Yes.
12 Q. Do you know if the lawyer who
13 performed the initial foreclosure on August 2nd,
14 2016, was ever provided a copy of Defendants'
15 Exhibit Number 7 or was ever provided any -- any
16 of the notices that went to Reliant after they
17 requested not to be notified anymore?
18 MR. GERHARDT: Eddie, I'm going to
19 object to that because that, to me, sounds like
20 you're asking what Bank of America sent to their
21 attorneys.
22 MR. SEXTON: Well, I am.
23 MR. GERHARDT: Well, she doesn't

Page 271 Page 273

1 before the decision was to go forward -- before 1 need to answer that.

2 we gave the approval -- the final approval to go
3 to foreclosure sale.
4 Q. Okay. Prior to giving the final
5 approval to go to a third-party sale, would
6 document Defendants' Exhibit Number 7 have been
7 available to whoever made that decision at Bank
8 of America?
9 A. So I'm not sure which sale you're
10 asking about.
11 Q. The sale to Mr. Jones's company,
12 W.A. Jones Construction, from the bank, Bank of
13 America.
14 A. I am not certain what exact
15 processes the REO department would take before
16 they chose to list the property other than I
17 believe we did not list before the ending of the
18 redemption period. And so to the extent that --
19 I believe that that was a consideration or what
20 we were timing --
21 Q. Okay. And in this case you did sign
22 the deed before the redemption period, correct,
23 or Bank of America signed it?
2 MR. SEXTON: On what grounds?
3 MR. GERHARDT: On privileged
4 grounds.
5 MR. SEXTON: About whether or not
6 they advised their attorney or provide documents
7 to them about the foreclosure?
8 MR. GERHARDT: Absolutely. The same
9 objection.
10 MR. SEXTON: I'm not asking about
11 advice or conversation.
12 MR. GERHARDT: You asked whether
13 they advised their attorneys.
14 Q. (By Mr. Sexton:) Did you provide
15 this to your attorney prior to the foreclosure,
16 Defendants' Exhibit 7?
17 MR. GERHARDT: Same objection.
18 Q. (By Mr. Sexton:) If you don't know.
19 MR. SEXTON: If she don't know --
20 A. I don't know.
21 Q. (By Mr. Sexton:) Do you think it
22 should have been provided to your attorney prior
23 to the foreclosure?

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1 A. I don't know.
2 Q. Do you know if it was ever
3 communicated to your attorney that no written
4 notice was provided to the Barnes that the
5 foreclosure was not going to be continued?
6 MR. GERHARDT: Same objection.
7 Eddie, I'm not trying to mess up your
8 questioning, but all of this is asking what she
9 knows about what Bank of America told its
10 attorney.
11 MR. SEXTON: I'm just asking what
12 was provided to; I'm not asking what his advice
13 was.
14 MR. GERHARDT: I'm going to object.
15 I mean, I object on the privilege grounds and
16 I'm going to ask her not to answer.
17 MR. SEXTON: Are you going to
18 instruct her not to answer?
19 MR. GERHARDT: Yes.
20 Q. (By Mr. Sexton:) In connection with
21 its purchase of the Barnes's loan from
22 Countrywide, would Bank of America have any
23 insurance coverage or any obligation from
Page 275
1 Countrywide to indemnify them about any problems
2 with the loan or any subsequent action?
3 A. So you're asking if the original
4 lender and Countrywide had an agreement of some
5 sort?
6 Q. Yeah. If Bank of America and
7 Countrywide have any agreement about
8 Countrywide's got to indemnify as for this or
9 that or anything of that nature, if you know?
10 A. So Countrywide and -- was acquired
11 by Bank of America Corporation, and so I'm not
12 really sure about what -- I mean, they -- I'm
13 not really sure how or what happens during that
14 merger and whether there would be any
15 indemnification when -- with one entity becoming
16 another or merging the two together.
17 MR. SEXTON: Can we take a
18 two-minute break? I may be through.
19 THE VIDEOGRAPHER: We're off the
20 record. The time is 5:18 p.m.
21 (A short recess was taken.)
22 THE VIDEOGRAPHER: We're back on the
23 record. The time is 5:19 p.m. Just out loud --
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1 you don't have anything else?
2 MR. SEXTON: Oh, no, I don't have
3 anything -- I don't have anything further for
4 her right now.
5 REEXAMINATION
6 BY MR. WATTS:
7 Q. I'm just going to ask you a couple
8 of quick questions. You mentioned something
9 about a foreclosure review committee. Who is on
10 that committee?
11 A. I don't know.
12 Q. Well, I understand you may not know
13 Bob Smith or Suzie Jones or whatever, but who
14 would be on that committee? Give me the
15 positions or titles.
16 A. I just understand it to be
17 foreclosure review committee or it says our FRQ
18 or FRC in the servicing notes. And they don't,
19 as far as I'm aware, identify any individual
20 making any decisions. I understood it to be
21 part of the presale foreclosure department.
22 Q. Do you know if the foreclosure
23 review committee, is that one person? Is it a
Page 277
1 room full of people or any idea?
2 A. I would understand it to be a team,
3 but I'm not certain for each individual loan
4 whether it's just one person looking at the loan
5 or whether, you know, they're getting together
6 or there was multiple people or there's QA. I'm
7 just not really that familiar with how they --
8 how that team or -- is made up or committee.
9 Q. And QA is quality assurance?
10 A. Yes.
11 Q. Okay. Would it be safe to say that
12 the people on the foreclosure review committee
13 would be at a higher level than the CRM, the
14 customer relation person?
15 A. I'm not certain that we divide the
16 company that way. So they could be at the same
17 technical -- like, the same level employee, it's
18 just different job functions. These would be
19 individuals that have -- would have the job and
20 training to review files to ensure that all
21 conditions precedent have been met and that it
22 was time to move it to the foreclosure and refer
23 it out to attorneys.
(69) Pages 274 - 277
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 278
1 Q. Is that the same as that 48-hour
2 go/no go team or person or are those two
3 different things?
4 A. I would understand it to be a
5 different department or a different group who
6 would be trained -- again, they're kind of
7 the -- part of that process is creating the bid
8 instructions. And so -- of that 48-hour review.
9 And so they would be doing it. There would --
10 it would be done at that time; the checklist
11 would be gone through.
12 Q. Okay. And I want to ask you a
13 question. I think you touched on this before,
14 but I want to make sure to give your lawyer a
15 chance if he wants to object. I'm not trying to
16 get into something privileged, but I want to
17 make sure you listen to it.
18 Did you tell me earlier today that
19 the foreclosure counsel, that Bank of America
20 relies upon them for, among other things, to
21 look at the breach notices to determine whether
22 they comply with the law?
23 A. I'm not sure if I -- I'm not sure
Page 279
1 that I stated the foreclosure counsel does it.
2 I believe that I said that we do engage outside
3 counsel sometimes to look at our templates.
4 Q. Well, then let me ask you: In
5 Alabama, when you send a file to foreclosure
6 counsel, as part of what they're supposed to do
7 is to review the breach notice to see if it is
8 appropriate to proceed with foreclosure?
9 A. I'm not -- my understanding is that
10 we rely on our foreclosure counsel to make the
11 determination to -- they would need to -- to
12 proceed with foreclosure in this state and that
13 all conditions met -- that we've met all
14 conditions that they're -- and they're doing all
15 the steps proper in order to foreclose. I am --
16 I understand that they do receive that demand
17 letter as part of the initial package --
18 referral package, but I am not certain what we
19 task them to do with regards to that.
20 Q. Okay. So you think they get the
21 breach letter, you just don't know if they're
22 supposed to sort of give you a yes or no back on
23 that?
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Jessica Woodbridge
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Page 280
1 A. Again, we rely on them to make sure
2 that our foreclosure -- I mean, they're supposed
3 to do the foreclosure and make sure that it's
4 valid in the state in which they've been
5 retained to perform these actions. So all -- I
6 would -- all I know is that that's part of the
7 referal package and that we -- and that's sort
8 of the ultimate goal is to -- for them to do
9 things right. So to the extent that that's
10 something that they need to do to review that
11 letter, then that's something that would be up
12 to them or that we would be using them for.
13 Q. Okay. And the foreclosure review
14 committee, the go/no go meeting, those would
15 also look at the breach letters; is that
16 correct?
17 A. I know that the foreclose -- I know
18 at the very least the foreclosure review
19 committee would have looked at it and made sure
20 -- well, they would have looked at it in the
21 file and made sure that it was expired and
22 enforced, yes.
23 Q. Okay. You're just not sure about
Page 281
1 that sort of go/no go 48-hour meeting?
2 A. I don't recall seeing the breach
3 letter as a checklist item. It's -- they would
4 be in the servicing notes what they were looking
5 at on that final decision to go forward with the
6 foreclosure, and I just can't recall if I've
7 seen it then. It would not have gone past the
8 foreclosure review committee if there was not a
9 breach letter in the file and that it was what
10 we say expired and enforced, meaning that there
11 had not been payments received, that the loan
12 had not been reinstated after that date and that
13 the -- the date had passed on the actual letter
14 itself, so that the --
15 Q. That's a Paragraph 22 that says
16 you've got a certain date to cure the default
17 by, you want to make sure you're beyond that
18 date?
19 A. Yes.
20 Q. Okay. You mentioned something about
21 training. Have you received any training about
22 Paragraph 22 and what a notice in a nonjudicial
23 state must contain to comply with Paragraph 22?
(70) Pages 278 - 281
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs
W.A. Jones Construction, LLC, et al.
Page 282
1 A. No.
2 Q. Okay. Are you familiar with any
3 case law that's come out, for example, in
4 Alabama that talks about what would satisfy and
5 what would not satisfy Paragraph 22?
6 A. My only knowledge about Paragraph 22
7 and allegations in Alabama come from discussions
8 with my -- with counsel, so I'm --
9 Q. Okay. Besides that, you're not
10 familiar with any -- when I say "case law," I
11 don't mean somebody filed a lawsuit but there's
12 a reported decision from the Alabama Court of
13 Civil Appeals or the Alabama Supreme Court about
14 Paragraph 22?
15 A. I am not aware of any internal
16 discussions or memos or e-mails or anything that
17 I've received concerning case law in Alabama and
18 especially in particular regarding the Paragraph
19 22. Anything that I would have received or any
20 knowledge comes from preparation for this
21 deposition and possibly discussions with
22 counsel.
23 Q. And do you have any cases in
Page 283
1 Massachusetts?
2 A. I do not have -- I do not believe in
3 my portfolio at current I have any cases in
4 Massachusetts.
5 Q. Have you received any training about
6 case decisions from Massachusetts about
7 Paragraph 22?
8 A. I recall -- I'm not sure what
9 exactly we received, but I recall a directive in
10 my -- from my department about Massachusetts.
11 Q. What was the directive?
12 A. Our directive was to review our case
13 portfolio and that if we had any cases in
14 Massachusetts, we were to review the allegations
15 made in that -- we were to review the
16 allegations made in that case and if there were
17 anything that hinted at a Paragraph 22 or -- it
18 was pretty -- pretty broad. I think -- I think
19 it's been a couple of years now possibly that we
20 did this project. But if I recall, it was
21 something to do with -- they had certain
22 language and then broader language and so there
23 were certain things and we were just supposed to
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Jessica Woodbridge
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Page 284
1 identify and flag them and then from -- my
2 perspective, I don't think I have had any. I
3 think I might have worked over somebody else's
4 portfolio and they kind of -- so I don't know
5 what the end result -- but I believed it to be
6 possibly getting pulled and put into a specialty
7 group or something like that.
8 Q. Okay. But you didn't receive any
9 training about what the breach notice should say
10 in Massachusetts regarding Paragraph 22 or did
11 you?
12 A. So what I understood it to be --
13 again, this is all involving complaints filed.
14 So all we were looking at are my responsibility,
15 and the only issues that I received was
16 allegations. And so I believe that there might
17 have been a little discussion in the directive
18 that had to do with there being some concern
19 over rulings or cases that had -- and judgments
20 that had come out, and that being kind of --
21 that was the reason why we were doing this was
22 so that -- and I guess the ultimate directive --
23 or what I actually understood what was happening
Page 285
1 now that I think about it is that these were to
2 be flagged so that our -- somebody in legal
3 could review and make decisions.
4 Q. Do you understand that the breach
5 letter in Massachusetts was changed as a result
6 of those court decisions?
7 A. I really -- I'm not involved in that
8 department, so I really haven't kept up with it
9 other than, like I said, that little project and
10 directive.
11 Q. Okay. So you don't know of any
12 changes made?
13 A. I do not.
14 Q. Two last questions: The deed from
15 Bank of America to W.A. Jones, that was
16 something that Bank of America intended to do,
17 they intended to transfer ownership from Bank of
18 America to W.A. Jones and they intended that to
19 be filed in the probate court; right?
20 A. Yes.
21 Q. Okay. And in order to do that,
22 first there had to be a foreclosure deed
23 transferring ownership from the Barnes to Bank
(71) Pages 282 - 285
W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018
Page 286

1 of America, and Bank of America or their lawyers

2 prepared that and intended that to be filed in
3 the probate court; right?
4 A. Yes. I mean, if that's -- I'm not
5 -- again, not that familiar with the process in
6 Alabama. So if that's -- if you needed to file
7 something in probate court to get it recorded,
8 then that's what we were intending it to be an
9 ownership transfer both times, yes.
10 Q. Okay. And you intended it to be a
11 public record; right?
12 A. Yes.
13 MR. WATTS: Okay. That's all I
14 have.
15 MR. GERHARDT: Thank you.
16 MR. WATTS: Thank you.
17 THE VIDEOGRAPHER: This ends
18 Videotape Number 6 and the deposition of Jessica
19 Woodbridge as the 30(b)(6) Bank of America
20 representative. The time is 5:32 p.m.
21 (The deposition of Jessica
22 Woodbridge concluded at
23 5:32 p.m.)

Page 287
1 C E R T I F I C A T E
2
3 STATE OF ALABAMA )
4 JEFFERSON COUNTY )
5
6 I hereby certify that the above
7 and foregoing deposition was taken down
8 by me in stenotype, and the questions and
9 answers thereto were reduced to computer
10 print under my supervision, and that the
11 foregoing represents a true and correct
12 transcript of the deposition given by
13 said witness upon said hearing.
14
15 I further certify that I am
16 neither of counsel nor of kin to the
17 parties to the action, nor am I in
18 anywise interested in the result of said
19 cause.
20
21 ________________________
22 Alana Vines, Commissioner
23 ACCR #473

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

74:13;75:1,2,11; 266:17;275:2 affirmative (1) 140:22;182:20;

$ 85:17;93:15;99:15; actions (4) 117:16 230:5,19;242:13
100:13;101:12; 259:10;268:12; after-the-fact (1) agreeing (3)
$189,500 (1) 103:23;107:8; 270:12;280:5 39:7 140:8;141:3;
229:3 109:7,15,20; active (2) again (90) 225:6
$3,286 (1) 111:14;112:7,20; 270:3,6 8:5;13:22;14:22; agreement (4)
71:12 114:21;218:13,17, actively (1) 23:1;27:13,15; 14:15;51:18;
18 200:9 28:18;29:11;30:2; 275:4,7
* accept (7) activity (1) 31:17;35:8,22; agreements (1)
51:11;112:22; 206:17 36:12;40:22;41:2; 51:14
*** (1) 113:14;114:11; actual (12) 42:18;43:7;46:10; ahead (4)
4:11 161:4;172:22;173:5 30:14;38:22; 47:13;48:16;53:21; 60:13,15;177:5;
accepting (1) 66:16;128:21; 54:14;56:5,13; 189:14
A 142:1 201:12;218:6; 57:20;58:10;59:12; AI (1)
access (16) 220:14;238:22; 61:19;67:21;69:2; 207:11
abide (1) 81:14,17,18,23; 240:7;255:10; 74:5;75:20;76:8,13; al (1)
23:3 82:6;83:23;124:8, 270:20;281:13 88:23;90:9,16; 6:22
ability (1) 15;134:13;136:10; actually (22) 95:20;97:6;98:16; Alabama (79)
255:22 200:4;208:17; 20:22;44:4;77:7; 104:2;105:8;106:4; 4:6;6:2,3,5,10;
able (14) 209:2,7,9;264:22 84:2;96:4;103:5; 110:2;130:1; 7:1;11:23;12:3,8;
59:18;61:16; accompanying (1) 109:10;124:2; 131:10;135:22; 30:17;34:20;35:4;
139:6;149:13; 170:20 136:22;143:3,10; 136:16;138:21; 37:20;44:9;46:9;
207:7;208:17; according (4) 144:17;164:18; 139:21;140:3; 47:4;48:1;52:22;
209:4;219:7,17; 178:18;183:10; 188:23;194:19; 144:3,18;145:15; 53:23;96:15,20;
229:20;230:3,14; 184:8;272:3 203:17;207:5; 147:18;153:23; 110:18,20;119:16;
253:13;257:8 account (16) 211:23,23;241:4, 159:8;163:15; 124:4;159:4,13;
above (3) 124:9,16;132:19; 10;284:23 165:20;180:5; 164:4,7;165:1,3;
6:12;233:15; 133:10;134:16; ADA (5) 181:22;189:6; 166:2;176:15;
234:7 135:4,19;136:17, 120:2,12;189:17; 193:5;194:11; 188:18;189:2,4;
above-referenced (1) 20;143:15;144:9; 190:1,7 195:1;196:18; 190:6,9,12,14,16,
136:10 145:5;147:17,22; added (2) 197:3;206:13; 20,22;191:6,19;
absent (1) 149:6;207:10 201:8,11 208:4;212:10; 192:9;194:2,5,10;
261:22 accurate (6) Addison (1) 221:23;223:16; 195:8,16;196:7;
absolute (1) 73:20;107:2; 240:3 227:17;230:18; 210:6;212:9,10;
114:12 151:3,7;210:13; additional (8) 231:14;233:19; 213:5,6,7,23;215:1,
absolutely (6) 262:6 61:17;146:1; 234:1,18;237:8; 8;216:8;217:1,17;
150:11;215:23; acknowledging (1) 172:11;174:13; 238:16;247:12; 223:18;224:7,19;
222:8;225:4; 157:15 185:6;206:15; 251:20;253:6,17; 225:13;243:22;
242:21;273:8 acknowledgment (3) 210:21;211:2 257:3,17;278:6; 247:22;248:2;
accelerate (12) 143:2;157:12; additionally (2) 280:1;284:13;286:5 259:5;279:5;282:4,
14:9;18:5;33:9; 172:17 42:4;67:23 against (9) 7,12,13,17;286:6
39:15;81:11;94:19; acquired (6) address (18) 10:5;28:11; Alabama's (1)
106:17;218:22; 52:11;71:1; 14:20;31:12; 165:9;216:5; 30:19
219:10,16,18;220:1 251:4,13,21;275:10 38:8,8;124:3,18; 222:17;223:17; Alana (2)
accelerated (13) across (6) 132:4,12;138:1,7,9, 261:23;263:1;268:6 6:1;231:23
71:17,18,21; 34:16;35:12,19; 19;139:2,5;143:14; agencies (1) Ali (1)
72:17;74:4;85:5; 40:12;194:3,13 145:1,6;192:18 92:6 4:9
93:9;95:20;97:18, Act (2) addresses (1) ago (2) allegations (15)
19;100:10;104:20; 120:4;189:18 138:11 244:9;253:3 80:19;89:19;
106:7 acting (1) advance (1) agree (24) 90:3,21;91:2,6,10;
accelerates (1) 6:3 42:23 28:5;36:7;45:19; 92:1;260:19;
19:4 Action (40) advertise (3) 55:10;56:6;80:21; 265:11;266:14;
accelerating (2) 6:22;9:18;19:14; 220:3,11,13 88:1,15;92:12; 282:7;283:14,16;
16:23;97:20 25:23;29:2;55:18; advertisement (1) 140:11,13;165:14; 284:16
Acceleration (50) 57:2;58:3;61:13; 49:19 166:12;173:15; allow (7)
12:23;13:14; 62:17;63:1;75:9,16; advice (2) 184:6;192:8; 75:3;110:15;
14:14,17;15:19,21; 76:20,22;77:21,22; 273:11;274:12 221:15;229:6; 130:17;220:5;
16:6;18:10,17; 86:21;87:8;93:16; advised (3) 236:11;256:7; 231:2;233:9;234:8
19:19;26:6,20; 98:16,20,23;105:9, 151:18;273:6,13 257:14;258:13; allowed (3)
29:20;55:17,20; 12;107:13;117:3,8, advising (1) 263:15;264:7 112:17;217:17;
57:1,4,17,19;58:2,5, 11,13,16,20,22; 261:2 agreed (9) 230:5
9;61:12;62:13,23; 118:4,8;206:11; affairs (1) 50:16;53:4; almost (2)
67:5;72:11,18,23; 222:14;223:3; 10:14 56:12;58:19; 21:14;206:3

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

along (8) 133:5;134:11; amounts (2) 129:10;131:19 48:20;54:4;87:1;

14:12;71:14; 135:4,12,18;138:3, 23:22;112:9 approach (1) 172:20
98:2;158:7;167:21; 7;139:11,15,18; analysis (9) 242:6 assuming (15)
171:16;178:6;269:9 140:1;141:11; 18:3;34:12; appropriate (2) 8:23;11:12;
alter (2) 142:20;144:7; 56:15;58:12,12,16; 147:4;279:8 48:20;85:3;156:13;
54:2,5 147:10,14;148:22; 59:3;80:4;256:6 approval (13) 169:11,15,19;
Although (3) 149:23;150:5,12, and/or (1) 163:4,23;164:5,9, 172:23;195:17;
36:12;110:3; 18;151:12,14,22; 98:15 13;165:17,18,19; 196:6;198:2;226:5;
173:21 152:8,13,15; annual (3) 166:5;204:8;271:2, 229:8;238:15
always (7) 153:18;154:12; 248:22;249:2; 2,5 assurance (2)
78:11;79:17; 157:1;161:7,11; 254:19 approve (1) 41:21;277:9
98:4;115:11; 162:9;166:4,6; answered (2) 206:23 attempts (1)
120:23;199:7; 172:21;173:3,6,19; 104:3;115:14 approved (2) 15:3
211:21 174:17;175:20,22; anticipates (1) 204:15;205:8 attend (1)
ambiguous (2) 177:21;178:21; 174:23 approximately (2) 247:3
116:13;131:17 179:7;180:14,16; anticipation (1) 6:11;229:3 attention (2)
America (337) 182:20;185:11; 81:9 April (9) 214:18;215:12
6:17,21;7:7;8:9, 186:5;187:12; anymore (2) 85:1;139:8; Attorney (12)
12;12:7;13:20; 194:23;195:6; 123:1;272:17 144:2,7,18,21; 4:3;10:18;31:20;
14:5;16:3,5,15,22; 196:7,19;199:2,21; apartment (1) 145:3;146:7,11 53:23;60:2,4;155:6;
17:7,11,16,17,18; 200:2;202:18,23; 216:16 Arant (1) 273:6,15,22;274:3,
18:8,9,15,15;19:2,3, 207:19;209:15; apologize (5) 6:9 10
4;20:3,8,9,13,16,20, 213:10;214:15; 39:10;79:7; archive (1) attorney/client (2)
23;21:4,17,22; 215:1,4,17;216:22; 186:9;192:6;202:8 84:9 68:3;155:2
22:22,23;23:7;24:3, 218:3;219:2; apparently (3) archived (1) attorneys (13)
5,15,23;25:2,4,6,11, 220:19;221:9,19; 137:20;157:7; 84:3 7:2;37:7;68:1,10,
11;26:9,15,21;27:4, 222:16,22;223:14, 174:3 archives (2) 14;69:3;91:4;
6,8;28:16;31:16; 21;224:7,22; Appeals (1) 83:23;84:6 191:6;235:2;
32:4,10,11,15,22; 225:11,14;226:13, 282:13 area (1) 242:22;272:21;
33:4,7,11;34:19; 16;227:3;228:16, appear (8) 233:18 273:13;277:23
35:11,20;40:3,4; 20;229:8,9,17,19; 77:2;101:5; areas (3) attorney's (1)
44:5,6,22;45:19; 231:4,9;232:16,23; 103:15,17;121:11; 188:13,14;196:21 261:17
46:12,13;47:7;48:6, 233:4,9,14;234:8, 148:15;210:13; around (6) auction (4)
13;50:1,15,18,20; 22;235:11,13,15; 216:12 9:6;21:5;233:22, 50:1,9,12;53:9
51:3,5,9,10;52:16, 236:12;237:3,11; appearance (1) 22;246:10;261:15 August (17)
21;53:2,10,13,18; 238:9,23;243:11; 61:6 AS/400 (3) 6:8;7:1;123:15;
54:6,14,22;55:11; 244:16;245:12; APPEARING (1) 41:19;193:9,15 127:8;128:5;137:3,
56:12;58:17,20,22, 246:1,7;248:4; 4:8 aside (9) 5,6,8,14;141:10;
23;60:5;61:21; 249:20;250:12,13, appears (8) 49:16;62:9;90:2; 147:1,8;153:2;
62:11;63:6,11,16, 20,22;252:7,14,15; 76:10,10;114:22; 120:12;219:19; 207:16;272:9,13
17;64:4,15,18; 254:8;256:17; 131:3;135:6,7; 247:22;248:3; author (1)
65:17,20;66:1,3,4, 257:11;258:4,14, 198:9;232:22 259:4,8 148:7
19,21,23;67:19; 21;262:1;264:3,11; applicable (5) aspects (1) authority (9)
68:20,20;69:15; 265:13,19;267:8; 14:18;163:4,8,23; 65:12 37:17;42:14;
70:7,19,20,22;71:1, 268:6,12,19;271:8, 173:22 assert (9) 203:3,21;241:20;
8;73:5,22;74:17; 13,23;272:20; Application (18) 55:18;57:2;58:3; 242:10;247:7,10,20
75:19;76:14,18; 274:9,22;275:6,11; 23:14;163:7; 75:10;86:22;93:17; authorization (28)
77:9;78:17,18,21; 278:19;285:15,16, 167:5;173:20; 96:7;97:14;222:14 121:21;122:2,3,7,
79:9,16,19,22;82:4; 18;286:1,1,19 175:3,5,7;176:2,6; assigned (6) 11,13,16,19;125:9;
83:7;84:12;85:10; Americans (2) 178:22;197:17; 201:22;239:17, 126:9;127:7;
87:15,17;88:2,12; 120:3;189:17 201:4,6;202:1; 18;240:10;241:13, 130:12,17;133:22;
89:2,15;90:4,7,14; America's (10) 204:12;205:8; 14 134:19,20;135:18;
91:15;93:1,5;94:11; 61:23;62:19; 206:19;209:13 assist (2) 136:19,21;138:16;
95:8,11,12,13; 64:19;67:6;77:23; applications (1) 242:1;252:8 140:9;141:4;147:3;
96:15;101:3; 80:8;202:23; 197:19 assistance (4) 152:20;153:23;
104:10;109:17; 224:18;226:7;256:8 applied (3) 157:8;161:11; 154:3,10,22
110:22;113:20; among (1) 23:18;34:8;159:5 162:3;167:12 authorization's (1)
115:5,11;116:3; 278:20 apply (7) assistant (3) 142:15
120:15;121:12,18; amount (9) 23:19;24:4; 8:13;232:23; authorized (40)
122:23;123:3,8; 35:10;38:9; 32:21;33:1;40:22; 239:1 121:23;122:7;
124:21;126:15; 71:17;72:5;93:10; 164:2;216:16 associate (2) 123:1,7,9;125:12,
128:6;130:3,15,17; 97:19;103:18; appreciate (4) 8:14;239:2 13,19;126:17;
131:14;132:13,16; 192:18;246:15 18:23;78:13; assume (4) 132:18;133:10;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

134:15;135:3,15; 10:7 18;151:12,14,22; 166:16;167:15; 32:10;92:23;

136:3,5,11,16; bad (8) 152:8,13,14; 170:6;172:20; 153:12;182:22;
139:15;140:6,12, 80:19;103:11,17; 153:17;154:12; 174:8;175:23; 250:1;253:18,19
18,23;141:2;142:2; 222:19;223:22; 157:1;161:7,11; 176:4;178:12; become (4)
144:9;145:5; 224:5,5;225:13 162:9;166:4,5; 180:3;182:9; 20:16;21:17;
147:17,19,21,22; BANA (2) 172:21;173:2,5,19; 183:13;184:15; 51:4;121:23
148:2,7,11,14; 11:12;127:12 174:16;175:19,20, 185:13,20;186:10; becomes (1)
153:18;154:17,18; Bank (360) 22;177:21;178:21; 189:1;207:16; 25:4
176:5;184:16 6:17,21;7:7;8:9, 179:7;180:14,16; 214:3;217:6;218:3; becoming (3)
automated (3) 12;10:5;12:7; 182:20;185:11; 240:11,13,23; 71:18;97:20;
42:6;148:19; 13:19;14:5;16:3,4, 186:5;187:11; 241:9;267:2,6; 275:15
207:4 15,22;17:7,11,16, 194:23;195:5; 274:4;285:23 began (1)
automatic (2) 17,18;18:8,9,14,15; 196:7,19;199:2,21; Barneses (1) 21:4
39:20;206:23 19:2,3,4;20:3,8,9, 200:1;202:17,23, 154:11 begin (1)
automatically (3) 13,16,20,23;21:3, 23;207:19;209:14; Barneses' (8) 196:14
38:17;204:13; 17,22;22:22,23; 212:1;213:10; 113:10;114:2; beginning (8)
213:5 23:7;24:2,5,14,22; 214:14;215:1,4,16; 136:23;149:21; 6:16;60:22;
available (4) 25:2,4,6,10,11;26:9, 216:22;218:3; 163:9;229:8; 108:12;157:7;
8:21;239:9; 15,20;27:4,6,8; 219:2;220:18; 268:11,18 160:3;182:15;
246:17;271:7 28:16;31:16;32:3,9, 221:9,19;222:16, Barnes's (2) 197:10;249:14
Avenue (1) 11,14,22;33:4,6,10; 22;223:13,21; 241:15;274:21 begun (1)
6:10 34:18;35:11,20; 224:7,18,22; bars (1) 98:3
aware (8) 40:2,3;44:5,6,22; 225:11,14;226:7, 11:2 behalf (4)
151:21;224:14, 45:19;46:12,13; 12,16;227:3; based (8) 7:4,7;121:19;
15;239:13;248:5; 47:7;48:6,13;50:1, 228:16,19;229:7,9, 40:14;66:12; 203:5
249:1;276:19; 15,18,19;51:3,5,8, 17,19;230:9;231:4, 185:3;198:13; behind (2)
282:15 10;52:15,21;53:2, 9;232:16,23;233:4, 224:9;227:19; 39:6;68:5
away (2) 10,13,18;54:5,14, 9,13;234:8,22; 245:14;269:20 beings (1)
199:22,23 21;55:11;56:12; 235:11,12,15; bases (1) 206:22
58:17,20,22,23; 236:3,9,12;237:3, 98:17 belief (3)
B 60:5;61:21,22; 11;238:9,22; basic (1) 62:1;101:6;
62:10,19;63:6,11, 243:11;244:16; 198:3 120:18
BA (1) 16,17;64:4,14,18, 245:12;246:1,6; basically (3) believes (1)
10:8 19;65:17,20,23; 247:16;248:4; 23:23;25:22; 79:22
BAC (5) 66:3,4,19,21,23; 249:20;250:11,13, 31:11 below (1)
71:6;92:19;93:3; 67:5,19;68:20,20; 20,22;252:7,13,15; basis (5) 71:12
95:7;100:14 69:14;70:6,19,19, 254:8;256:7,16; 96:21;115:9,13; besides (2)
back (62) 22,23;71:7;73:4,22; 257:11;258:3,13, 250:16;263:22 68:18;282:9
12:19;14:23; 74:16;75:18;76:14, 21;261:23;263:12; Bates (43) best (2)
15:13;19:22;20:13; 18;77:4,9,23;78:17, 264:3,11;265:13, 11:12;12:18; 78:18;207:22
25:19,20;28:14; 18,21;79:9,15,19, 19;267:8;268:6,12, 92:17;94:22; bets (1)
32:8;36:17;44:15; 22;80:7,16;82:4; 19;271:7,12,12,23; 105:22;108:19; 181:12
53:6,11,12;55:14; 83:7;84:12;85:10; 272:20;274:9,22; 121:7;123:15; beyond (7)
61:3;67:2;71:23; 87:15,17;88:2,12; 275:6,11;278:19; 126:3;127:2,12,21; 35:7;37:16;60:8;
73:1;87:18;97:16; 89:2,13,15;90:4,7, 285:15,16,17,23; 128:13;129:17; 85:11;116:2;
99:10;106:14; 13;91:15;93:1,4; 286:1,19 130:6,21;131:7,11, 190:10;281:17
107:1;108:17; 94:11;95:7,11,12, bankruptcy (2) 23;132:5,15;133:4, bid (5)
119:10,13,17; 13;96:15;101:3; 40:16;270:8 14,18;134:10; 245:1,3,3;269:14;
121:2,17;127:8; 104:10;109:17; bar (2) 136:6;137:18; 278:7
137:20;138:1,19; 110:22;113:20; 10:19,23 139:7;142:14,20; bidder (5)
141:5;146:2;150:4; 115:5,11;116:2; Barnes (67) 144:2,6,16,21; 49:23;50:3,6;
152:11;159:20; 120:14;121:12,18; 6:20,20;7:9; 145:3,16;146:6,9, 53:8;55:6
160:9;167:10; 122:22;123:3,8; 18:21;20:9,17;27:7; 14;152:17;156:12; big (3)
168:22;170:3; 124:21;126:15; 34:7;110:12;111:6, 161:16;232:14 14:4;92:4;127:22
182:1,14,22; 128:6;130:2,15,17; 11;112:13;115:2; Bates-stamped (9) bill (2)
183:15;184:13; 131:13;132:13,16; 123:17,21;124:2; 23:11;25:20; 209:20,20
186:2;189:15; 133:4;134:10; 126:7;128:2,8; 70:6;84:12;94:5; binder (1)
193:19;217:21; 135:4,12,18;138:2, 129:12,20;132:4,9, 103:15;104:13; 81:15
218:1,5,12;228:5; 6;139:11,14,18; 21;133:2,12,20; 160:8,9 binding (1)
236:2,3;245:18; 140:1,20;141:10; 134:7,23;137:15; bearings (1) 58:20
265:10;275:22; 142:20;144:7; 139:16;140:15; 106:5 Birmingham (3)
279:22 147:10,14;148:21; 142:3;144:4,14; became (10) 4:6;6:2,10
background (1) 149:22;150:5,12, 154:15,21;165:4,9; 20:19,22;23:7; bit (4)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

30:12;74:14; 62:11;64:12;66:2,5; burdensome (1) 196:3;198:22; 154:22

108:16;242:9 68:9;69:3,7,9,20,20, 82:14 204:20;211:19; Center (50)
blah (3) 23;70:12;72:3; business (2) 218:23;219:12,16; 121:13;123:19;
100:15,15,16 73:20;74:1,7;75:21; 82:3;239:6 220:2,18,21; 124:7,15,19,22;
boarded (1) 76:15;79:16,23; button (3) 221:10;231:1; 125:1,10;126:8,13;
33:20 80:8;82:10;83:8,11, 39:15;43:15,19 233:8;236:23; 127:11,12;128:3,5,
Bob (5) 18;84:23;85:11,20; buy (1) 247:18;248:6; 22;129:11,21;
37:11;39:12,12, 86:1;94:20;99:13; 52:23 252:1;256:22; 130:5,9,16,18;
15;276:13 101:19;102:8,12; buying (1) 257:19;264:23; 131:12;132:10,18,
bold (4) 106:1;108:23; 64:18 268:15,16,22; 22;133:1,9,13,19;
12:22;85:6;93:9; 109:2,5;118:12,22; buys (1) 269:1,6;275:17 134:2,6,14;135:1,3,
106:6 119:14,16;120:6,9; 216:23 capitalized (1) 5;136:8,14;137:16;
bolded (5) 121:3;188:17; 181:15 139:10,20;143:10;
71:21;95:20; 189:3,8,22;190:9, C captured (1) 144:8,15;145:4;
97:17;100:9;104:20 13,14,17;191:5,18; 42:9 147:2,5;154:8,16,
books (2) 192:9;193:22; California (5) care (19) 23;176:20
18:19;91:7 194:9;195:10; 123:22;124:20; 41:7;123:18; CEO (1)
borrower (55) 213:2,7;218:14,17, 129:22;141:15; 124:18;126:7; 50:23
13:20;14:7,13; 22;219:6,9,15,22, 209:19 128:2;129:21; certain (45)
15:3,18,20;18:10; 23;220:2,8,11; call (16) 132:9,21;133:1,12; 39:21;40:17;
19:16;23:18;26:3; 221:14,21;222:1; 39:12,14;41:8,9, 134:23;137:15; 42:16;43:10,16;
31:9,11,14;33:8; 223:19,22;224:4,8, 10;65:5;122:3,5,14; 141:18;144:14; 44:9;65:12;118:19;
38:7;44:21,23; 10,12,20;225:14, 157:9,11;173:4; 214:8,18;215:11, 120:5;138:10;
45:20;55:16,20; 20;226:4;278:21; 176:19;177:11; 12;226:17 149:10;158:1;
56:23;57:4,18;58:1, 279:7,21;280:15; 185:1;241:1 careful (1) 162:16;166:22;
4,7,8;61:11;62:12, 281:2,9;284:9; called (9) 150:13 171:5;188:13;
16,22;67:3;75:15; 285:4 41:7;61:9; case (60) 198:7,12,14;199:4;
76:21;99:14; break (8) 120:10;121:19; 9:15,17;10:3; 200:5;207:2,3;
101:11;103:22; 108:6,16;119:5,6; 151:11;176:20; 12:8;13:7,12;15:12; 208:15;212:13;
114:20;115:7; 196:17,23;197:5; 191:12;245:8; 17:3,10;18:6,21; 222:8;237:8;242:2;
117:7,19;121:19; 275:18 267:14 29:12;57:12;60:1; 245:15;255:2;
122:2;125:17; briefly (1) calling (2) 61:5;64:10;80:11; 259:10;260:15,19,
126:21;133:23; 215:15 94:20;218:14 91:23;112:18; 20;263:20;264:17;
138:17;149:1; bring (34) calls (2) 114:2,4,5;154:8; 269:9,20;271:14;
151:1,13;154:1; 55:18;57:2;58:2; 129:4;151:9 168:9;177:7;182:9; 277:3,15;279:18;
180:14,17;182:11; 61:12;62:17,23; came (8) 189:23;203:13,18; 281:16;283:21,23
222:11 75:9,15;76:20,22; 6:7;80:12;113:2; 218:1;232:22; Certainly (7)
borrowers (5) 77:21,22;86:21; 137:20;138:1; 235:1;240:8,11,13, 95:17;138:8,17;
33:7;116:16; 87:7;93:16;98:15, 157:14;225:11; 16,21;241:5,6,9,10, 148:1;152:4;161:6;
122:15;129:5; 20,23;105:9,12; 269:11 15,19,21,22;242:13, 194:6
213:16 107:13;117:3,7,16, can (86) 17;243:1;247:15; certification (1)
borrower's (1) 20,21;118:4,8; 8:3;9:4,5;13:23; 259:7,8;263:2; 164:17
14:14 188:13;189:3; 16:17;17:2;18:5; 269:22;271:21; certify (1)
both (6) 191:4,14;195:17; 24:13;26:9,12,22, 282:3,10,17;283:6, 6:4
98:17;112:2; 222:13 23;27:13;30:13; 12,16 CFPB (2)
141:2;146:6; bringing (2) 31:10;36:7;41:20; cases (21) 157:13,20
173:21;286:9 117:11;223:2 43:1;45:18;48:13; 8:17;9:13,20,22; chance (5)
bottom (5) Brittany (2) 52:17;53:10;56:6, 13:8,10;80:15; 17:17;67:10;
11:16;27:18; 128:18;131:9 17;59:14;60:13; 242:3;247:3,5,12, 187:4;228:14;
86:20;96:5;106:5 broad (1) 67:7,8;68:21;71:20; 19;259:9;261:3,4; 278:15
bought (3) 283:18 81:15;82:9,12,16, 265:23;267:12; change (19)
63:17;70:20; broader (1) 19;91:9;94:15; 282:23;283:3,13; 54:2;107:1,4;
264:12 283:22 100:19;103:10; 284:19 120:5;189:17,19;
Boult (1) broken (1) 113:16;115:19; catches (1) 190:5,6,7,12,14,15,
6:9 23:5 117:13,21;118:9; 79:12 19,20,22;191:2;
bound (2) brought (2) 119:1;148:22; categories (1) 222:6;249:6;260:17
50:16;53:4 188:9,15 149:10;151:8; 244:18 changed (9)
Bradley (1) built (1) 152:14;156:14; category (1) 48:21;49:3;71:6;
6:8 109:8 159:19;160:15; 240:14 82:19;189:12,21;
breach (102) bunch (1) 164:18;165:17; cause (5) 223:14,20;285:5
14:15;37:5; 191:19 174:5;176:19; 6:12;38:15; changes (8)
40:18;41:6,11,12; burden (1) 177:3;184:13; 40:17;42:15;58:13 119:19;120:20;
42:22;44:4;61:9; 116:16 189:18;192:8; cease (1) 189:7;190:18;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

213:10,13,14; clause (3) 180:7,12;274:3 complied (21) 143:17

285:12 52:3;62:2;78:8 communicates (1) 45:10;47:4,7; conclusion (10)
changing (2) clauses (1) 153:18 56:16;73:18;74:1,8; 18:3;31:18;59:6,
221:19,21 62:8 communicating (2) 75:21;76:15;77:5, 13,16,22;219:5;
characters (1) clean (1) 125:19;133:19 17;80:9;88:4; 225:12;229:23;
103:7 264:15 communication (5) 120:16,23;121:4; 234:19
charge (1) clear (15) 133:23;136:22; 186:7;222:2; conclusions (2)
69:9 16:11;50:5; 177:9;200:8;206:16 223:11;253:14; 238:17;256:6
Chase (1) 88:10;112:4;129:6, communications (6) 254:13 condition (8)
175:19 11;131:17,21; 134:7;137:10; complies (17) 233:17;234:14;
check (10) 145:12,17;146:3; 151:7;155:3;176:4; 73:5,6;77:12; 236:7;258:1;
81:15;112:21; 151:8;230:22; 240:19 85:9,11,18;87:1,9; 263:10;264:23;
113:16,17;116:16; 237:1;238:20 companies (3) 95:2;101:15; 265:4,15
197:23;198:2,4; clearly (3) 39:11,19;64:16 105:23;119:2; conditions (9)
216:19;269:9 139:15;167:11; company (10) 131:3;141:8;182:3; 72:21;234:6;
checking (1) 177:15 39:18;64:7; 222:6;254:8 257:22;263:14;
207:9 clients (3) 70:19,20;88:3; comply (52) 264:10;269:4;
checklist (2) 32:12;109:18; 229:3,19;256:11; 16:6;17:1;22:13; 277:21;279:13,14
278:10;281:3 261:15 271:11;277:16 28:6;30:5;56:17; conduct (10)
checks (1) close (4) Company's (1) 61:23;62:2,3;73:9, 54:6;163:2,22;
39:21 163:4;177:1; 233:10 12,21;76:11;77:11; 165:15;166:13;
child (2) 204:10;267:17 compile (1) 78:6,8,11,12;79:17, 169:1;173:16;
214:8,13 closer (1) 195:6 18;80:22;81:1; 174:23;220:14;
choice (2) 260:8 compiled (2) 85:21;86:1,9,10,13, 249:4
51:20;212:2 closes (1) 193:21;196:11 23;87:11;88:3,7,7; confident (2)
choose (1) 14:19 complained (2) 89:3,12,16;90:8,14; 22:7;159:10
149:10 closing (4) 267:2,8 101:8,20,23; confidentiality (1)
chose (7) 228:15;230:2; complaint (5) 120:22;155:1; 134:17
63:23;67:22; 231:16;233:23 30:21;149:12; 159:9;222:4; confirm (3)
96:18;97:7;139:20; co-counsel (1) 262:23;263:1; 223:10;225:21; 124:7;181:7;
140:10;271:16 61:5 265:21 238:19;253:20; 189:18
chosen (2) code (2) complaints (3) 255:5,23;278:22; confirming (1)
68:5;259:10 43:16;155:19 267:16;268:2; 281:23 172:3
chunk (1) codes (2) 284:13 complying (1) confirms (3)
84:1 40:17;156:4 complete (33) 87:22 158:5;167:19;
Cindy (3) combining (1) 163:7;167:3; component (1) 171:14
37:11;155:15; 199:13 168:20,20;169:6, 154:22 confuse (1)
159:11 comfortable (1) 14;170:22;171:22; computer (25) 222:23
Circuit (1) 183:2 172:7;173:20; 38:5,17,21;39:21; confused (1)
6:23 coming (6) 174:9,12,14;175:2, 40:10,11,12,22; 202:17
circumstance (3) 39:8;138:19; 5;178:9,9,13;179:5, 43:17;44:1;81:16; confusing (6)
230:7,13;231:2 144:22;146:2; 7,17,21;197:19; 83:16;102:16; 116:13;129:14;
circumstances (11) 244:1;260:23 199:1;205:16,18, 103:7;191:21; 146:5;222:11;
42:19,19;43:11; commencing (1) 19;210:17;211:6, 192:14,16;193:4, 223:12,14
52:10;113:13; 6:11 11,15,23;212:3 12,22;194:21; connection (2)
136:4;198:11,14; Commissioner (1) completed (5) 196:3,9;206:21; 182:12;274:20
205:22;251:21; 6:4 161:2;167:3; 207:20 consecutive (4)
258:4 committed (1) 172:15;175:7; con (1) 46:8;47:9,11,22
citizen (2) 134:17 178:22 172:12 consider (4)
78:22;223:4 committee (13) completely (2) concede (2) 183:11;212:21;
citizens (2) 43:14;162:14; 36:23;149:13 135:10;139:3 241:11;264:18
79:4;215:6 269:2;276:9,10,14, completion (1) concept (1) consideration (1)
city (2) 17,23;277:8,12; 143:18 34:17 271:19
54:5;110:13 280:14,19;281:8 compliance (26) concern (3) considered (5)
Civil (3) common (2) 37:5;69:3,21,23; 185:19;186:3; 184:5,10;185:14,
6:6,22;282:13 264:2,4 75:4,23;76:3,6; 284:18 14;237:2
claim (4) communicate (13) 90:18;105:10,20; concerning (2) considering (1)
10:5;51:16; 123:3;124:23; 107:9;108:3; 233:17;282:17 180:20
229:20;261:23 127:18;128:8; 116:10;117:1; concerns (1) consistent (7)
claims (1) 130:13,18;153:20; 248:22;254:19; 68:4 38:1;74:20;
268:5 154:3,5,6,7,20; 255:10;261:9,10; concluded (1) 223:3,6;226:7,11;
Clair (1) 241:23 262:2,8,10,19; 286:22 227:8
54:16 communicated (3) 263:6;270:10 concluding (1) Construction (10)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

6:19,21;7:5; conveying (1) 21:6,7,14,23; 38:13,16;39:23; 10:22

228:11;233:5,10; 55:4 70:15,16;71:1,3,5; 40:19;42:15;63:5; damaged (1)
256:9;268:14,21; copies (3) 88:2;92:21;121:3; 73:17;156:14; 263:17
271:12 94:17;191:5; 250:4,5,7;274:22; 192:13;193:3; damages (1)
consumer (16) 240:7 275:1,4,7,10 269:14 229:11
8:14;78:23; copy (14) Countrywide's (2) creates (1) data (5)
79:10,12;151:13; 31:8,13;44:20,23; 87:19;275:8 194:17 39:16,23;102:17;
152:7;153:20,22; 45:19;103:17; County (31) creating (2) 103:10;192:16
160:11;161:2,7; 186:23;187:1,21; 6:23;46:9;48:1, 38:4;278:7 database (1)
189:3,4;223:15; 221:20;228:22,23; 11,12,14,15,20,22; creation (1) 40:19
227:5;239:2 232:6;272:14 49:3,8,8,10,12,18; 63:12 date (39)
consumers (3) corporate (39) 53:10,17;54:1,4,10, credit (2) 6:4;7:1;12:13;
224:7,19;226:18 6:17;8:9;16:3; 11,11,12,16,16,17, 216:12,17 19:15,15,18;26:1,2,
cont (1) 17:6,15;18:7,14; 17,17,18;110:13; criteria (2) 5,17;27:10;29:8,19;
4:1 19:3;27:3;32:3; 124:4 40:14;269:20 36:6,10;38:10;
contact (4) 46:12;55:11;56:11, couple (5) critical (1) 39:21;72:10,22;
151:12;201:19, 21;57:10;58:16; 64:21;215:15; 150:17 95:14;134:20;
20,23 61:20;67:18;76:4, 228:12;276:7; CRM (13) 145:11;153:1;
contacts (1) 18;77:8;78:22; 283:19 179:19;200:18; 158:12;170:4;
122:22 79:4;90:4;113:19; course (1) 201:3,14,17,18,21; 177:2;188:19;
contain (2) 115:4,16,17;117:5; 175:17 202:6,10;203:6; 192:19;195:17;
102:5;281:23 120:14;166:3; Court (62) 208:7;267:15; 198:16,22;200:12;
contained (5) 185:10;203:19; 6:1,23;7:10; 277:13 250:18;272:7,10;
27:2,15;81:19; 223:4;227:9;229:7; 30:21;55:18;57:2; crucial (1) 281:12,13,16,18
103:11,19 243:11,20;255:9 58:2;61:12;62:17, 102:22 dated (20)
containing (1) Corporation (6) 23;75:9,16;76:20, Cummings (1) 84:23;92:18;
260:2 70:22,23;71:2,3; 22;77:21,22;86:21; 6:9 94:23;106:22;
contains (2) 264:9;275:11 87:8;93:16;96:10; cure (33) 115:1;126:4;127:3,
29:6;207:6 corrected (3) 97:7;98:15,20,23; 19:14,17;26:1,4, 13,21;128:14;
contemplates (1) 102:3,7;238:21 105:9,12;107:13; 17;27:10,11;29:2,9, 129:18;131:8;
167:23 correctly (2) 117:3,8,11,13,16, 18;38:10,10;72:5,6, 132:6;133:5;
contemplating (1) 103:8;112:11 20,22;118:4,8; 7,9,21;74:13,19; 134:11;136:6;
211:9 correlate (1) 163:3,23;164:5,9, 85:17;93:14; 139:8;144:17;
contend (1) 266:9 13,23;165:17,18, 100:12;106:16; 146:7,10
238:9 correspondence (3) 18;166:5;174:3; 107:6;109:14,19; dates (1)
contents (3) 126:16;129:4; 222:14;223:3; 110:10,15;111:12; 210:14
82:9;83:8,11 143:7 237:16;238:7,13, 112:6,19;113:23; day (16)
contested (2) correspondent (1) 19;259:8;260:14, 281:16 6:7;103:2;
9:23;263:3 250:4 15;282:12,13; cured (7) 133:16;136:7;
context (3) costs (1) 285:6,19;286:3,7 19:17;26:3,18,19; 144:17;176:16;
25:21;30:12; 245:16 courthouse (6) 27:12;71:15;192:19 191:7;198:18;
156:22 counsel (29) 53:10,13,15,17; curing (1) 199:4,8,8,17;
continue (4) 6:7;8:20;47:1,1; 54:8,11 75:1 206:18;210:4,9,9
140:21;147:14; 48:17;68:19;181:6; courts (1) current (6) days (53)
211:5;227:18 239:7;240:19; 88:6 87:15;132:1,1; 19:15;26:2;
continued (2) 241:18;242:1,2,5; Courtyard (1) 261:3;268:1;283:3 83:20;122:8;126:4;
140:14;274:5 243:5;244:13,17; 132:2 currently (1) 153:6,8;158:4,22;
continuing (3) 247:13,14;261:11, covenant (1) 249:1 160:22;161:4;
16:10;108:17; 19,20;269:8; 14:15 customer (9) 167:18;168:5,5,6;
248:18 278:19;279:1,3,6, cover (7) 37:12;130:12; 170:12;171:11,14;
contract (11) 10;282:8,22 127:3;128:14,20; 143:1;151:10; 172:22;173:5;
22:15,15;24:22; counterclaim (1) 131:8;133:15; 155:5;200:16,18, 174:17;175:14;
25:6;27:6;32:11; 9:19 139:8;226:8 19;277:14 176:3;177:1,10,16;
33:5,15;52:15; counterclaims (1) coverage (1) customers (3) 179:8,15;181:12,
58:19;187:18 266:21 274:23 214:17;215:8,12 19;183:1,3;184:2,2,
contracts (2) counties (1) covering (1) customer's (1) 17;185:21;186:18;
51:14;231:15 48:21 98:17 134:18 198:19;199:22,23;
controls (2) counting (1) create (9) CV-2017-903334 (1) 200:15;201:1,1;
262:11,20 71:12 38:19;43:7;63:7; 6:22 202:19;204:3,3,4,
conversation (1) country (4) 67:21;102:14; 16,23;205:1;206:6;
273:11 35:12,19;44:12; 179:6;193:13,16; D 209:14,23
conveyed (1) 194:3 195:7 day-to-day (1)
143:4 Countrywide (20) created (11) Dallas (1) 241:17

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

DC (1) 10,10,11,12;28:6, 183:6;184:22 251:1;282:21; differently (1)

11:6 15,17;29:2,19;38:9, definitely (3) 286:18,21 214:21
deadline (2) 10,11,20;39:13; 68:13;125:17; depositions (3) difficult (5)
72:6;207:15 55:19;57:3;58:3; 171:21 8:21;239:9; 59:5;64:8;82:20;
deal (4) 66:17;71:15;72:4,4, definition (2) 246:17 171:2;210:5
18:3;34:19; 6,6,8,9;74:13,19; 164:12;184:8 describe (2) difficulty (1)
191:13;195:22 75:2,10;85:17; degree (3) 42:13;231:1 267:19
dealing (2) 93:14;100:12; 10:10,12,16 described (2) directed (2)
150:4;208:6 101:23;106:16; delegated (1) 31:4;52:15 129:5;130:8
deals (1) 107:7;109:14,19; 203:21 description (1) direction (2)
215:1 110:16;111:13; deliver (1) 239:12 123:13;247:15
deceiving (1) 112:6,19;113:23; 55:3 designated (3) directive (6)
131:1 192:18,19;219:23; deliverable (2) 77:9;243:17,19 283:9,11,12;
December (1) 255:23;281:16 144:23;145:19 designed (2) 284:17,22;285:10
71:10 defaulted (2) demand (2) 104:10;160:14 directly (9)
decide (5) 13:20;14:7 242:6;279:16 desist (1) 123:4;126:20;
26:9;32:15; defaults (1) denied (3) 154:22 127:18;132:12;
43:15;58:17;88:6 72:22 204:13,18;205:9 despite (6) 133:2;136:8;
decided (2) defective (3) denying (1) 88:16,21;175:12, 148:13;154:15;
51:4;252:23 224:12,20;225:14 179:9 23;180:2;207:21 206:3
decides (1) defects (1) department (50) detail (1) Disabilities (2)
208:13 258:17 10:2;37:1;43:1,2, 14:2 120:4;189:18
deciding (3) defendant (1) 3;68:19;69:10,20, determination (7) disagreeing (1)
40:6;68:8;243:8 266:23 21,23;84:5;90:18, 162:17;203:6,11; 165:22
decision (23) defendants (1) 18;120:7;149:12; 245:5,7;269:7; disappear (1)
32:23;36:17,18; 183:12 162:21;195:9,10; 279:11 194:22
37:9;38:18;41:4; Defendants' (65) 200:2,4;201:5,14, determine (15) disclose (1)
43:4;67:20;204:1; 11:8,9;20:1;22:2; 16;202:3,14; 48:18;67:15; 135:14
205:5;234:21; 28:2;48:7;49:1; 203:10,10;208:10, 80:7;122:16;181:3; disclosing (1)
235:3,4,8;242:3,17, 63:22;70:3,4;71:23; 12;249:1;251:10; 198:12;207:12; 134:21
23;247:10;270:21; 73:2,6;74:15;84:11, 253:1;262:11,16, 238:13;241:21; discourage (2)
271:1,7;281:5; 13;87:8;92:14,15; 20,21,22;263:4; 253:14,17;255:22; 223:1,2
282:12 94:4,6;99:6,11,16; 264:6,6,7;266:19; 261:20;268:13; discover (1)
decision-making (3) 100:2;101:13; 267:21,22;268:8; 278:21 263:23
40:6;241:20; 121:7,9;146:14,16; 271:15;276:21; determined (5) discuss (2)
247:7 154:13;160:7; 278:5;283:10;285:8 177:7;198:5; 144:10;173:10
decisions (7) 170:9;174:7; departments (4) 238:7;242:19; discussed (6)
91:5,9;209:21; 175:12,23;176:13; 68:11,17;243:8; 259:17 80:1,3;95:15;
276:20;283:6; 178:2,5;180:3; 263:7 determining (3) 145:21;248:10;
285:3,6 182:1,23;183:11; department's (1) 66:8;179:4;252:9 250:3
declared (2) 185:17,18;186:19, 162:18 dictate (2) discusses (2)
259:15,17 21;188:1,4;198:15, depend (2) 147:19;231:17 14:9;23:2
deduced (1) 23;199:18,20; 83:3;122:11 dictated (1) discussion (4)
80:11 202:7,11;208:22; depending (5) 154:1 185:2,7;244:13;
deed (24) 211:8;219:15; 82:16;83:22; dictating (1) 284:17
55:4,7;161:13; 220:7;227:21; 201:9;228:13; 234:1 discussions (9)
216:7;218:2,6; 267:3;270:14; 247:18 Diego (4) 80:4,17;89:9;
220:18,21;221:2,7; 271:6;272:14; depends (2) 123:22;124:19; 241:17;260:21;
228:15,22,23; 273:16 65:4;142:7 129:21;141:15 263:14;282:7,16,21
232:6,15;233:3; defense (4) deployment (1) differ (1) dispossess (1)
236:21,22,23; 55:19;57:3; 270:4 28:9 237:14
256:14;271:22; 75:11;222:14 depo (1) difference (5) dispute (1)
272:5;285:14,22 defenses (1) 196:20 43:9;77:15,18; 233:3
deeds (5) 58:4 deposition (29) 117:23;118:2 distinction (3)
212:17;221:5; defensive (1) 6:18;9:1;12:9; different (20) 77:15,18;99:2
234:12;237:23; 266:20 32:1;56:1;60:18,23; 24:4;30:7;33:18; divide (1)
238:15 deferred (1) 81:9;108:8,13; 36:23;40:3;64:16; 277:15
deemed (1) 264:1 159:22;160:4; 66:1;77:1;89:10; doc (1)
238:4 deficiency (1) 182:15;188:11; 98:12;117:21; 129:7
default (61) 179:18 189:16;197:11; 130:22;201:5; document (49)
19:13,14,16,18; deficient (1) 214:4,9;227:18,19; 209:18;212:15; 11:13;15:22;
25:23;26:3,4,11,13, 219:6 241:12;244:2; 261:3;277:18; 16:7,17;18:16;
17,17,18,19;27:9, defined (2) 246:22;249:10,15; 278:3,5,5 24:10;32:19;33:23;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

34:15;47:13,16,18; done (33) 278:18 employee (10) 44:6;149:1

48:3;49:1;50:13; 27:17,20,22;28:1, easy (2) 37:12;39:11; error (3)
53:16;54:19,22; 1,4;38:17,21;40:7, 82:8;161:21 42:12;148:21; 94:12;225:3,10
55:8;56:9,13;57:20; 8;41:22;44:10,11, economics (1) 151:14,23;198:1,5; errors (4)
58:10;60:6;63:3,5; 13;120:1;150:14; 10:8 203:5;277:17 186:14;226:2,3,5
72:14;85:7,16; 153:7;172:8; Eddie (8) employees (7) escalate (1)
103:19;145:16; 177:22;179:14; 7:4,22;187:6,20; 35:21,23;150:18; 204:19
152:1;167:6,17; 192:20;197:1; 197:15;228:10; 151:6;245:18; escalated (3)
169:13;172:20; 201:13,14;208:9; 272:18;274:7 258:14;264:7 149:12;267:19;
176:10;207:6; 221:14,14;225:5, education (3) employee's (1) 268:2
211:17;212:22; 20;227:4,12,13; 248:18;252:7; 37:17 escalation (1)
232:14;233:12,19; 278:10 263:7 employment (1) 205:3
239:11;240:12; door (8) educational (1) 252:8 escrow (1)
241:1,3;253:15; 49:12;53:9,11,11, 10:6 enclosed (1) 23:23
271:6 12,14,16;171:1 effect (5) 94:16 especially (2)
documentation (1) doubt (3) 70:1;219:6; end (5) 180:20;282:18
156:20 20:7;116:7;186:5 262:8,9;268:3 14:19;137:5; Esposito (1)
documented (4) down (3) effort (2) 217:23;238:21; 239:20
177:11,22; 30:10;116:13; 68:10,13 284:5 essence (1)
199:14;200:11 238:5 egregious (1) ending (2) 127:17
documents (124) draft (3) 225:3 119:15;271:17 established (1)
26:23;34:16; 63:7;68:2;149:13 either (23) ends (5) 27:5
49:6;63:8;67:15; drafted (3) 10:4;12:8;39:17; 60:17;108:7; estimate (4)
74:12,18;75:3; 78:9;149:20; 46:3;49:7;103:5; 159:21;249:9; 9:6;160:20;
84:21;93:14;94:17; 159:11 158:5,11;166:16; 286:17 247:23;268:4
108:22;109:1,13; dragging (1) 167:19;168:19; enforced (2) et (1)
110:1,2,9,11; 217:10 171:14,22;212:2; 280:22;281:10 6:22
111:16,20;112:5, draw (5) 231:14;234:2; engage (1) evaluate (2)
18,19,23;114:1,5, 59:13,15;229:23; 247:22;250:9,9; 279:2 163:6;178:10
23;115:3;116:17; 230:19;238:17 264:19;266:19,20, English (1) evaluated (1)
121:15;136:12; drilled (1) 22 45:14 175:7
148:9;158:5,6,13, 150:19 eject (2) enough (12) evaluates (1)
20;160:21;162:15, drop (1) 217:1,6 101:5;112:1; 173:19
16;163:6;166:15, 30:10 ejectment (3) 156:2;164:6; evaluating (1)
17,21;167:2,16,19, drop-down (3) 217:22;218:1; 165:23;172:16; 206:19
20;168:1,3,4,9,10, 149:8;213:4,4 221:10 178:19;196:12; evaluation (2)
14;169:3,10,17,21; drop-downs (1) elected (1) 205:11;207:18; 158:21;178:18
170:7,10,12,14,17; 149:19 96:18 230:12,15 even (20)
171:15,16,23; due (14) electronic (1) ensure (4) 52:14;66:22;
172:4,6,6,7,13,18; 15:5;23:21,22; 191:23 151:6;152:14; 74:2;78:17;85:22;
173:14;174:13,20; 36:6,10;56:19; electronically (4) 270:5;277:20 87:4;89:15;99:22;
175:2;178:9; 71:11,18;97:20; 192:21;240:6,9, entails (1) 102:13;105:18;
184:17;185:1; 103:4,5;112:9,9; 10 8:16 140:11;150:18;
186:16;187:7,9,17; 180:1 eligible (1) entered (2) 164:16,21;177:4;
188:1,9,13;189:2; duly (1) 40:13 52:16;149:7 196:14;203:3;
191:15;195:18; 7:14 else (11) entire (3) 207:15;235:21;
196:20,22;198:1,3, duplicate (1) 25:9;59:21;60:5; 15:4;253:1;264:5 255:17
13;199:5,16;201:4; 130:22 97:14;180:15; entirety (1) evening (1)
206:14;208:20; during (10) 196:19;214:23; 82:1 40:8
210:18,20,22; 151:2;163:5; 243:16;248:10; entities (2) event (3)
211:1,3,10,13,14; 166:13;169:2,8; 259:5;276:1 21:3;71:3 52:9;139:1;
212:3;227:20; 173:12;176:6; else's (1) entitled (2) 242:18
228:15,19,21; 178:8,10;275:13 284:3 23:14;100:15 events (2)
230:1,19,21; duties (5) elsewhere (1) entity (7) 13:11;247:4
231:16;233:20; 16:14;239:12,14, 242:8 20:21;71:7; eventually (2)
240:9,14;244:18; 17;253:7 e-mail (1) 87:13;92:23; 21:3;71:7
253:21;257:19; duty (1) 129:4 138:15;154:7; everybody (7)
269:21;270:17; 270:3 e-mailed (1) 275:15 61:4;89:2;119:5;
273:6 244:20 entrance (1) 159:14;196:22;
dodge (1) E e-mails (1) 54:7 214:23;252:23
86:11 282:16 entry (3) evict (2)
dollar (1) earlier (3) employed (3) 103:3;244:21,23 217:1,6
93:10 227:2;228:9; 252:14,18;253:2 envelope (2) exact (8)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

93:7;99:19,22; 273:16 130:23 February (6) 61:6;98:4;212:6,

102:15;115:6; exhibits (2) 128:14;129:18; 8,21
117:6;217:14; 93:8;232:2 F 130:7,14;131:9; fill (2)
271:14 exist (1) 132:6 123:2;203:7
exactly (26) 102:21 F5 (1) Federal (15) final (4)
34:4;42:16; exists (1) 43:15 6:9;22:10;62:4; 271:2,4;272:2;
75:13,19;82:17; 83:10 facially (1) 86:12;91:14,15; 281:5
84:7,7;104:9;120:5; expect (13) 179:17 109:23;110:8,14; finalization (1)
122:3;152:14; 10:3;148:3; facing (2) 113:8,14;114:9; 272:3
160:15;161:8; 152:2,7;153:19; 150:5;162:3 135:22;159:9; Financial (7)
166:22;176:17; 156:21;158:19; fact (17) 209:22 71:1;156:20;
207:2;208:15; 160:10;167:7; 20:20;27:13; feed (1) 167:4;170:22,23;
226:22;227:10; 180:16;258:10; 29:5;79:15;88:4; 207:19 199:5;207:7
254:1;255:2; 264:14,20 95:14;107:5;108:1; feel (6) find (10)
256:12;257:4,18; expects (1) 115:10;142:8; 87:8;105:19; 82:10,14,21;83:6;
268:17;283:9 151:12 177:4;181:8;185:7, 140:19;183:2; 84:8;99:5;191:17,
examination (3) expedite (2) 20;189:11;205:15; 186:11,12 20,22;195:7
6:13;8:1;228:7 179:13;206:8 214:12 feels (1) finding (1)
examined (2) expedited (2) facts (3) 13:20 196:15
7:14;12:3 179:13;206:2 56:18;91:3;92:12 felt (2) fine (3)
example (17) expediting (1) failure (5) 140:7,21 7:23;18:13;99:10
13:19;15:3; 207:21 19:17;26:4; few (8) firm (3)
24:12;25:10;33:21; expenses (1) 29:18;72:9,21 158:4;167:18; 180:21;188:2,3
42:7,20;207:8,9; 264:17 fair (8) 170:12;171:11,14; firms (1)
209:19;213:23; experience (1) 15:15,16;60:9; 174:17;186:18; 261:14
216:22;218:2; 51:8 68:7;112:1;127:19; 192:14 first (35)
240:11;263:3; expert (3) 254:10;261:22 Fidelity (1) 7:14;14:11;
267:3;282:3 255:15,18;256:4 falls (1) 186:19 15:17;31:2;52:8;
except (1) expertise (2) 184:7 fields (3) 63:5;67:4;71:11;
59:22 255:12,16 familiar (15) 39:4;102:17; 82:17;98:4;141:14;
exception (2) expiration (1) 11:19,22;13:17; 192:17 155:19;156:11;
177:6,8 134:20 64:13;113:15; Fifth (1) 157:18,23;160:9;
exceptions (1) expired (2) 155:7;165:21; 6:10 166:15;167:10;
136:1 280:21;281:10 213:12;218:15,16; figure (8) 170:3;183:18;
excuse (1) explain (1) 263:10;277:7; 33:4,6;36:8;40:2; 197:23;206:15,17;
132:2 135:9 282:2,10;286:5 68:23;80:12; 212:6,8,12,21,22;
executed (2) explaining (2) family's (1) 110:21;261:8 222:6;244:5;
228:20,21 142:3;162:23 215:19 figures (2) 252:18,21;254:2;
Exhibit (75) explains (1) Fannie (8) 33:11;39:8 267:15;285:22
11:8,9;20:1;22:2; 158:18 21:15;25:10; file (28) five (4)
28:2,5;48:7;49:1; explanation (2) 65:14;175:19; 29:14;30:20; 9:3;46:20;127:6;
63:23;70:3,4;72:1; 142:10;145:8 250:8,11;251:4,14 117:14,17;138:4; 153:6
73:2,6,7;74:15; expressed (3) far (16) 149:17,21;192:1,2; fix (5)
84:11,13;87:9; 233:16;234:7; 33:1;49:3,5,19; 201:8,11;208:17; 79:1,13;226:17,
92:14,15;94:4,6; 267:18 66:2;85:4;108:23; 212:19;240:15,23; 23;227:5
99:6,11,16;100:2,5, expression (2) 161:10;193:14; 243:15;246:20,21; flag (1)
7;101:13;108:17; 48:2;162:9 210:13,15;254:9; 250:20;251:23; 284:1
119:13;121:7,9; expressions (1) 255:9,10;262:2; 252:3;268:11,18; flagged (1)
146:14,16;147:10; 41:15 276:19 269:3;279:5; 285:2
154:13;160:7; extent (21) fast (2) 280:21;281:9;286:6 flip (4)
170:9;174:7; 19:6;22:11;45:1; 199:9;207:23 filed (15) 14:23;23:10;
175:12,23;176:13; 47:3,14;48:18;49:9; fault (1) 6:22;9:18,22; 105:22;232:17
178:3,5;180:4; 66:15;87:13;90:20; 26:1 10:4;165:9;216:5,8; Florida (2)
182:1,23;183:11; 102:4;140:7;143:5; fax (14) 221:11;262:23; 9:16;239:22
185:17,18;186:19, 219:4;225:21; 127:3,10;128:7, 263:1;265:21; focus (1)
21;188:1,4;198:15, 233:12;247:14; 13,21;131:8,11; 282:11;284:13; 111:19
23;199:18,21; 251:12;264:21; 133:15,18;139:8, 285:19;286:2 focusing (2)
202:7,12;208:22; 271:18;280:9 10;143:7;144:3; files (11) 111:19;113:21
211:8;219:15; extra (1) 201:9 156:10;240:4,8; folders (1)
220:7;227:21; 232:6 faxes (2) 241:8;246:12; 191:20
229:2;232:8,10; extreme (1) 131:15;140:11 247:8,11;262:17; folks (2)
267:4;270:15; 150:8 FCRA (2) 265:9,11;277:20 159:4;213:23
271:6;272:15; eyes (1) 269:23;270:1 filing (5) follow (27)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

14:12;20:4,8; 13,16;183:7;184:3, 137:21;138:20; 263:16 209:13

22:1,10,16,19;24:3, 4,18;185:5;186:1, 255:14,17;271:1; generate (1) great (1)
5,6,9,16,18;25:12; 15;188:2,3;198:20; 281:5 193:22 88:16
47:2;48:6;63:22; 199:22;200:6,12, found (2) generated (4) greatest (1)
64:5,7;65:1,18; 15,22;202:20; 92:1;225:9 81:12;192:14,15; 88:13
66:6,7,23;88:14; 203:10;205:20; four (8) 194:20 gross (1)
115:12;161:22 207:16;208:10,18; 9:3;19:12;27:9; generates (4) 245:15
followed (1) 209:14;212:7,11, 38:9;72:3;100:6; 39:22;43:17; grounds (3)
22:7 23;215:18;216:4,6, 153:6;206:5 44:1;193:10 273:2,4;274:15
following (6) 7,12,22;218:6,7,9; frame (4) generic (2) group (4)
6:13;14:14; 220:3,12,13,14,17, 83:22;158:7; 143:2;254:22 266:20;268:2;
22:22;86:16;94:17; 21;221:6,7;223:1; 167:21;171:17 GERHARDT (24) 278:5;284:7
210:9 224:11;225:4,10; FRC (1) 7:6,6,19;16:8; GSEs (1)
follows (2) 229:9,17;231:5,22; 276:18 111:1;180:18; 65:5
7:15;24:16 233:11;235:13,23; Freddie (2) 219:1;221:16; guarantee (1)
follow-up (1) 236:4,8,12,21; 65:15;175:19 224:1;229:13; 177:17
197:14 237:1,4,6,12,16; front (9) 236:16;243:18; guarantees (3)
follow-ups (1) 238:2,4,6,8;245:4; 20:2;53:9,11,14, 260:10;262:4; 176:23;185:3,5
211:2 252:10,12;253:13, 16;54:7;108:18; 272:18,23;273:3,8, guess (14)
forced (2) 15;254:9,21,22; 205:23;210:11 12,17;274:6,14,19; 34:13;41:21;
51:11;52:17 257:14,20;258:16, frontline (1) 286:15 46:2;59:23;83:4;
fore (1) 17,21;262:2;263:3; 203:5 gets (7) 88:5;163:20;232:4;
33:10 264:13;265:12,20, FRQ (1) 33:20;149:7; 237:18;246:2;
foreclose (13) 21,22;266:1,12; 276:17 194:19;201:7,7,7, 250:2;261:12;
30:21;150:20; 267:10;268:23; fulfillment (1) 11 265:15;284:22
165:17,19;169:8; 269:2,8;270:11; 44:7 given (20) guide (1)
174:2;212:19; 271:3;272:10,13; full (5) 18:17;19:16; 100:9
216:1;219:7; 273:7,15,23;274:5; 71:17,18;97:19, 26:2;63:15;64:6; guidelines (6)
267:10;269:5; 276:9,17,21,22; 21;277:1 95:14;117:18; 22:11;64:23;
279:15;280:17 277:12,22;278:19; fully (6) 122:11;169:12,13; 65:2,5,6;175:18
foreclosed (9) 279:1,5,8,10,12; 105:10;107:8; 182:11,19;185:23; guiding (1)
176:1;216:18; 280:2,3,13,18; 108:3;120:16; 189:20;190:18; 135:23
224:9,21;226:18; 281:6,8;285:22 152:7;153:19 205:21;207:15; guys (4)
231:10;258:7; foreclosures (17) function (2) 220:18;252:4;268:9 39:14;44:8;49:2;
263:12;265:5 96:16;164:7; 12:6;82:9 gives (2) 157:9
foreclosed-upon (1) 195:16;196:8; functions (1) 88:11;239:11
257:23 225:13;226:6,15; 277:18 giving (2) H
foreclosing (1) 247:21;248:20; funds (1) 170:13;271:4
151:2 253:11;254:17,20; 23:20 global (1) half (2)
foreclosure (218) 259:3,16;262:19; further (15) 190:19 170:19;247:4
9:17,18;30:15,16; 270:16,16 55:16;56:23; go/no (4) handle (6)
31:4;47:1;48:17; foreclosure's (1) 57:23;61:10;75:8; 269:18;278:2; 138:22;139:5;
54:7;71:19;75:12; 242:19 86:20;96:6;99:14; 280:14;281:1 246:11,13,15;
96:7,8,10,13,19; foregoing (1) 101:11;103:21; goal (1) 267:22
97:10,11,21,23; 6:6 107:12;114:20; 280:8 handled (2)
98:2,8,11,14;105:3; forget (2) 115:6;190:1;276:3 goes (9) 250:15;267:12
107:17,21;109:8; 208:3;212:15 future (2) 74:14;125:10; handles (5)
112:8;113:5;147:7, fork (1) 160:16;170:10 136:11;152:11; 69:7;84:6;
11,14,23;148:1; 211:22 159:6,12,14;198:8; 180:21;262:16,22
150:5,9,14;152:1,6; form (15) G 206:6 happen (10)
153:1;161:18; 80:1;82:12; good (14) 27:11;64:9;72:7;
162:4,8,10,13,14, 111:1;123:2; garbled (2) 7:19,21;78:21; 96:14;160:12,17;
17,18,21;163:2,2, 136:21;180:18; 102:6;103:16 79:3;119:4;138:2,7, 173:2;217:19;
10,14,19,20,21,22; 203:9;219:1; gathered (1) 9;139:2;153:13; 238:18;245:21
164:9,12,14,17,19; 221:16;224:1; 244:18 187:19;196:22; happened (12)
165:3,5,9,13,15,16; 229:13;236:16; gave (2) 223:4;234:15 70:21;78:19;
166:7,12,13;169:1, 243:18;260:10; 158:11;271:2 governmental (1) 175:11;178:20;
2;173:12,14,17,19; 262:4 general (9) 92:5 200:22;205:12;
174:23;175:6,11, formal (1) 86:1;187:7; Graham (2) 217:5;224:13,16;
15;176:8,8,9,11,13, 260:6 197:21;202:2; 7:6,17 226:21;241:5;253:2
18;177:17,18; former (1) 242:8;263:14,22; grant (2) happening (8)
178:7,20;179:9; 226:9 265:3,4 137:2;208:13 152:6,6;181:1;
180:1,6,23;181:6,9, forward (6) generally (1) granted (1) 185:8;205:4;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

206:18;210:14; 21:7;70:15,16; 11:10;70:5; 155:22;205:13 informing (6)

284:23 71:5,6;92:19;93:3; 84:14;92:16;94:7; indicated (2) 114:22;140:5;
happens (9) 100:14;127:23; 121:10;146:17; 154:4;179:19 148:14;185:2;
30:17;51:12,13; 129:19;132:7,18; 186:22;188:5; indicates (3) 200:9,10
52:17;98:3,4; 133:10;134:13,15; 232:11 156:8;179:16; in-house (8)
125:16;217:15; 136:10;142:21; identified (1) 268:18 8:19;44:11,13;
275:13 143:16;144:9,10; 201:20 indicating (10) 68:1,18;239:7;
hard (5) 145:5;150:9,21; identifies (3) 145:13,18; 242:2;243:4
111:21;199:9; 157:8;167:11 158:6;167:20; 162:20;169:23; initial (3)
225:17;226:20; homeowner (25) 171:15 180:6,11;206:10; 206:5;272:13;
240:7 24:23;25:2,7; identify (3) 224:4;251:3;252:4 279:17
harmed (2) 34:7;110:9;122:12, 28:17;276:19; indication (2) initially (1)
79:10;227:5 19,22;123:4,10; 284:1 48:23;49:2 36:14
head (2) 141:18;147:16; ignore (5) individual (11) initiated (2)
89:18;91:20 149:14;151:13,23; 15:14;65:16; 34:14;42:10,19; 71:19;97:22
heading (4) 152:2,5;157:4,16; 176:10;181:14,16 69:5;113:13;192:2; input (2)
158:16;160:10; 191:6;198:11; image (2) 203:21;209:7; 243:7;245:13
161:17,23 208:7;209:20,20; 240:23;241:1 250:16;276:19; inquire (2)
headings (1) 267:13 imagine (3) 277:3 190:1;196:13
161:21 homeowner/borrower (1) 234:23;256:22; individuals (3) inquired (1)
headline (1) 151:9 265:1 149:11;207:8; 190:16
127:22 homeowners (10) immediately (1) 277:19 inside (1)
heard (7) 110:20;117:15; 21:14 inform (17) 243:4
41:5;80:17; 122:15;151:8; implied (1) 55:16;56:23; insight (1)
171:19;248:7; 156:10;170:18; 233:16 57:23;61:10;62:12, 63:7
254:2,7;263:13 181:21;191:11; importance (1) 16,21;67:3;99:14; instance (3)
help (3) 222:18;226:9 142:8 101:11;103:21; 89:14,15;91:14
68:2;202:16; honest (1) important (9) 114:20;115:6,7; instances (1)
235:2 213:15 142:3,6,22; 125:12;148:10; 235:12
here's (10) honestly (2) 154:14;161:17; 269:10 instead (8)
14:5;36:6;39:9; 69:16;209:6 162:4;178:15; information (92) 67:7;97:7;
137:18;156:20; Hood (3) 181:20;221:13 27:2,15;29:7; 132:12;133:1;
158:12;170:7; 4:2,4;61:4 improper (1) 34:5;35:2,18;38:22; 154:14;179:4,23;
171:9;173:3,4 hours (3) 238:8 39:3;40:21;59:7,8, 221:18
hesitation (2) 82:23;83:21; improperly (2) 17,17;61:16,17; instruct (1)
22:5;125:6 269:13 224:21;226:18 69:5;74:6;91:8; 274:18
Hey (13) house (6) inaccurate (1) 94:10,12;101:5; instructed (1)
110:20;116:17; 44:7;186:1; 107:3 102:5,6;124:1,8; 154:20
123:8;124:23; 207:17;217:2,7,12 include (1) 125:14;126:20; instructions (3)
125:18;136:15; huge (1) 194:5 134:13,16,18,21; 245:1;269:14;
142:1,15;143:8; 179:18 included (2) 135:4,14,19;136:2, 278:8
195:6;223:22; human (11) 251:22;270:14 5,17,20;138:16,18; instructor-like (1)
224:10,19 38:5,15;39:1; Including (2) 142:3,5;143:4; 253:5
hiding (1) 40:1,6;41:21,22; 86:16;134:19 144:11;148:17; instrument (19)
181:8 45:12;102:13; incomplete (10) 149:5,6;153:22; 11:17;14:16;
high (6) 192:15;206:21 174:9,16;178:8, 154:14;157:1,2,3; 19:20;26:7;29:21;
37:5;50:2,5;55:6; humans (1) 13;179:5,6;197:16; 158:2;161:17; 33:17;34:18;36:14;
76:2;83:13 207:18 199:1;210:23; 163:16;170:21; 62:21;63:6,10,13,
higher (2) hundreds (3) 211:20 175:14;179:2; 18,22;110:4,5;
36:22;277:13 9:10;80:15;266:4 inconsistent (1) 184:1;185:12,16; 182:13;184:22;
highest (2) hurt (1) 224:17 189:20;191:10; 219:14
49:23;53:8 78:23 incur (1) 192:4;196:2,12,15; instruments (1)
hinted (1) 264:17 206:20;207:7,13; 36:5
283:17 I indefinitely (1) 209:1;210:23; insurance (2)
history (1) 122:8 230:12,16;234:5; 219:22;274:23
78:17 idea (16) indemnification (1) 242:21,23;249:18; insure (1)
hit (2) 27:4;35:3;46:4; 275:15 251:1,6;254:12; 264:17
39:21;240:13 105:8;132:11,23; indemnify (2) 258:15,18,22; intend (1)
hold (1) 161:22;168:11; 275:1,8 259:21;260:17; 255:6
236:6 170:19,23;191:22; Indiana (1) 262:14;268:10,11, intended (5)
holder (2) 195:13;196:4,5; 11:6 17;270:1,14 285:16,17,18;
100:15;237:7 249:19;277:1 indicate (4) informed (1) 286:2,10
Home (25) identification (10) 124:1;136:13; 176:22 intending (3)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

87:22;184:21; 16;238:8;242:19; item (1) 217:16,23 known (1)

286:8 247:22;259:17,18 281:3 judgments (1) 257:22
intends (2) invalidating (1) 284:19 knows (1)
152:15;161:7 236:23 J judicial (16) 274:9
intent (12) invalidity (1) 9:17;96:12,15,19;
18:5;39:15; 231:21 Jack (17) 97:2,3,4,8,11,23; L
41:13;42:8;64:11; investigate (2) 6:20;123:17,21; 98:18;164:2;165:8;
81:11;94:18;102:8; 91:1,3 124:2;126:7;128:2; 212:7;216:6;266:17 Lane (1)
157:4;212:15,18; investing (1) 129:20;132:9,21; July (5) 132:3
223:9 65:9 133:2,12,20;134:7, 146:23;152:23; language (49)
intention (14) investment (1) 23;142:3;144:14; 170:4;198:16,18 34:15;43:9;
78:6,11,14,15; 204:2 167:15 June (2) 45:12,14;47:3;
79:16;81:1;83:13, investor (49) Jacksonville (1) 250:10;272:8 67:22;68:5,21;
17;85:21;87:16; 20:19;23:4,8; 239:22 75:22;76:5;77:6,12,
88:3;89:3,9;223:8 24:2,6,17;25:5,10; jail (1) K 16,16;78:7;80:1,2,
intentionally (4) 32:10;40:15;51:4, 50:23 6,18;81:2;87:1;
78:10;140:5; 16;52:2,8,16;62:4; Jan (1) keep (22) 93:7;99:5,6,9,20,
222:17;223:9 64:10,22;65:2,4,9, 142:16 97:18;138:8; 21;100:19;101:8;
intentions (6) 14,21;66:1,9,13,18, January (7) 139:17,20,23,23; 102:16;103:16,23;
78:18;87:12; 20;73:14;95:12,16; 21:20;71:16; 140:10;147:16; 105:16,17;106:14,
88:13,16,21,23 175:13,17,18; 127:3,13,22; 191:23;192:1; 23;107:6,17;
interest (5) 176:1;182:22; 142:18,20 196:7;211:19; 114:16;117:10;
23:21;236:14; 202:19,21,22,22; JD (2) 229:20;230:5,9; 118:13;149:10;
237:5;238:10,14 203:8,14,17,18,20; 10:9,10 231:3,3;233:9; 158:22;164:2;
interested (1) 209:15;235:7,8; Jefferson (12) 234:3,8;248:19; 221:19,22;223:14;
243:3 250:1 6:23;46:9;47:23; 259:20 283:22,22
internal (5) investors (2) 48:11,12,14,20; kept (4) Large (2)
65:10;209:21; 51:15;65:8 49:11,18;54:12,18; 9:9;235:16; 6:3;264:9
262:11,20;282:15 invokes (3) 124:4 265:14;285:8 last (16)
internally (6) 31:2,7;44:19 JESSICA (15) keyboard (1) 8:6;61:13;75:7;
22:12;80:4,17,20; invoking (2) 6:11,18;7:13;8:4; 43:16 108:23;109:5;
121:20;203:15 44:16;52:2 60:18,23;108:9,13; kind (31) 119:13;122:7,8,13;
interplay (1) involve (5) 159:22;160:4; 14:4;34:10; 145:16;146:20;
238:3 16:14;37:6; 197:11;249:10,15; 38:23;83:13;86:3; 156:17;186:18;
interpret (5) 68:13;235:6;237:22 286:18,21 90:19;91:21;98:16; 189:22;252:19;
16:16;17:4;91:4; involved (18) job (11) 100:9;106:4; 285:14
97:12;115:18 9:13,16,19;20:16, 8:16;16:14; 158:18;171:2; later (6)
interpretation (4) 22;36:13;80:16; 238:22;239:11,12, 180:21;199:9; 93:15;98:13;
16:16;34:12; 92:6,7;94:10;155:1; 14,16;246:9; 201:16;212:2; 107:12;153:6,8,14
230:1,20 164:13;235:8; 248:12;277:18,19 217:22;233:15; lateral (3)
interpretations (1) 259:2;261:5; John (2) 237:22;238:16; 246:2;248:12;
62:7 265:19;266:17; 7:8;16:9 240:5;248:23; 266:6
interpreted (2) 285:7 Jones (25) 252:6;253:23; Law (118)
34:10;36:15 involvement (6) 6:19,21;7:5; 257:21;262:14; 4:3;6:8;10:10,15;
interpreting (2) 20:3;39:2;41:21, 187:13,14;228:11, 267:12,17;278:6; 14:18;22:15;54:4,4,
33:15;34:3 22;63:12,16 16,21;229:10,18; 284:4,20 5;60:1;66:12;
interprets (1) involving (9) 230:8;233:4,10; knew (8) 67:14;74:12,18;
68:21 8:18,18;68:10,11; 242:18;256:9,13; 63:17;132:13; 75:2;85:16;90:14;
into (22) 157:6;216:17; 257:12;258:15,23; 176:7;180:23; 91:12,14,16;93:13;
21:3;33:22;34:6; 265:11;266:12; 268:14,21;271:12; 181:4;199:21; 109:13,17,18,23;
39:16;52:10,16; 284:13 276:13;285:15,18 200:2,2 110:8,14,14,21;
70:19;71:7;157:14; issue (5) Jones' (1) knowing (2) 111:5,12,15,19;
162:17,18;194:15, 57:11;76:12; 229:19 68:4;80:23 112:4,10,14,16;
16;198:10;201:8; 163:20;188:21; Jones's (3) knowledge (17) 113:9,14,21,21,22;
207:19;234:19; 237:23 229:3;231:3; 13:7;15:11; 114:3;115:3;
238:16;244:14; issued (1) 271:11 50:21;62:6;63:14; 116:16;121:13;
251:20;278:16; 103:10 Jr (6) 67:20;113:20; 123:19;124:7,15,
284:6 issues (7) 123:17;126:7; 165:10;166:5; 19,22;125:1,10;
invalid (17) 17:10,13;120:12; 132:21;133:12; 200:12;256:4; 126:8,12;127:11,
224:11;226:6; 237:23;245:2; 134:23;144:14 263:6;264:2,5; 12;128:3,5,22;
229:9,17;231:5; 254:5;284:15 judge (2) 265:4;282:6,20 129:11,21;130:5,9,
233:11;235:13; issuing (2) 164:12,18 knowledgeable (2) 16,18;131:12;
236:13;237:2,4,12, 66:2;102:8 judgment (2) 243:22,23 132:10,17,22;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

133:1,9,13,19; 256:8;280:18 118:22;119:16,21; 211:6;219:3;224:8, 242:9;284:17;285:9

134:1,6,14;135:1,2, leave (5) 120:9,15,16; 10;225:20;280:15 live (2)
5,22;136:8,14; 91:4;102:21; 123:16;124:12,14, level (15) 10:21;123:21
137:16;139:10,20; 166:10;196:20; 16,22;125:9,16; 23:3;36:20,21,22; lives (1)
142:11,14,23; 261:7 126:5,5;128:23; 37:3,5;42:12;43:3, 124:2
143:10;144:8,11, led (1) 130:7;131:1,4; 18;73:16;83:14; LLC (3)
15,19,23;145:4; 252:11 132:1,16;133:5,17; 248:23;254:22; 4:4;6:19,21
147:2,5;152:21; left-hand (1) 134:11;135:2,5; 277:13,17 loan (145)
153:17;154:8,16, 124:18 137:23;139:12,17, licensed (4) 13:21;14:7,9;
23;159:9;163:8; legal (28) 17,17;141:10,13, 10:18;11:5; 15:4;16:23;19:4;
164:7;165:1; 16:16;31:18; 23;142:2,14,17; 53:23;60:2 20:4,14,15,15,20,
173:22;176:20; 56:15;58:12,15; 143:2,11,14;144:6, lieu (2) 22;21:1,4,7,9,17,23;
180:21;212:11; 59:1,3,6,13,15,22; 22;145:10,23; 161:13;221:2 22:1,8,23;25:5,11;
233:16;261:3,14; 60:1;68:1,2,2,18, 146:1,2,7;149:14, life (1) 33:10,19,20;38:20;
278:22;282:3,10,17 19;219:5;229:23; 17;153:6;155:8,14, 215:19 40:17;41:4;42:21;
laws (15) 230:20,20;234:19; 16,17;156:2,9,14, likely (3) 50:19,20;51:1,4,10,
47:2,4;54:1,1; 238:16;251:9; 22;157:10,12,15, 87:6;135:10; 11,19;52:4,8,11,18;
60:1;62:4;73:14; 255:21;256:5,6; 18;158:4;159:6,14; 251:8 53:3;63:4,18,19;
86:12;110:18; 285:2 163:9,16;166:16; limit (1) 64:1,4,6;65:21;
114:9,9,10;186:13; legally (4) 167:14,18,23; 242:11 66:17;71:5,6;74:12,
209:22;261:21 230:4;231:17; 168:3,15;170:4,5,6, line (2) 18;85:16;92:19;
Law's (1) 238:18;257:13 11;171:4,5,9,10,12, 27:18;49:10 93:3,13;100:14;
145:6 legible (1) 13,13,20,21;172:1, lines (4) 103:11;107:7;
lawsuit (6) 194:20 2,15;174:18; 8:18;49:8;82:3; 109:13,15,20;
10:5;217:9,22; Lender (22) 177:15;180:8,13; 98:2 110:1,2,9,11;
221:10;235:5; 14:13;15:18,20, 181:11;183:9; Lisa (1) 111:13,16,20;
282:11 23;16:18;17:19,20; 189:8,23;190:6,9, 6:20 112:5,6,17,18,20,
lawyer (22) 21:12;31:2,7,8,13, 13,14,17;191:18; list (15) 23;113:18;114:1,1,
12:6;16:4,12,13, 14,15,16;44:19,20; 193:16,23;199:3,6, 40:18,20;187:17; 5,23;115:3;116:17;
15,21;27:16;31:23; 46:7;47:21;55:3; 13;202:9;211:9; 188:17,22;193:20; 127:23;129:19;
32:2;36:8;56:21; 182:12;275:4 213:2,7;218:14,17, 194:8,11,19;195:7, 132:7;134:13,15;
111:5;153:12; lender's (1) 22;219:6,9,16,23; 15;196:7;202:2; 136:10;142:22;
186:17;195:21,23; 55:3 220:2,8,11;221:14, 271:16,17 143:16;144:9,10;
197:3,15;230:7; lending (1) 21;222:1;223:22; listed (1) 145:5;157:5,8;
245:19;272:12; 250:4 224:3,4,12,20; 166:23 158:20;160:18;
278:14 length (1) 225:14;226:4; listen (2) 161:11;162:11,13,
lawyers (4) 122:16 267:11;270:10; 151:19;278:17 15;163:1,9;166:11;
36:13;245:17; less (9) 279:17,21;280:11; listing (2) 167:4,11;173:4;
246:3;286:1 19:15;26:1; 281:3,9,13;285:5 166:17;187:19 182:21,22;192:1,2;
lawyer's (1) 159:17;175:14; letters (79) lists (1) 200:3,16;201:8,11,
187:5 179:8;199:23; 37:13,23;41:11; 193:13 13,15;202:1,3,13;
Lay (1) 209:13;247:1,2 42:15;44:4;66:9; Listserv (1) 204:7,14,19;
4:4 letter (224) 69:8;70:12;73:20; 261:17 216:16;218:23;
leading (1) 26:11;37:6,12,15; 74:1,7;76:2,15; literal (1) 219:10;223:2;
30:14 38:4,12,15,19,20; 77:5,11;78:4;79:17, 246:6 240:23;249:19;
learn (1) 39:1,3,17;40:7,18; 18,23;80:9,22;81:1; literally (3) 250:5,21;251:23;
254:4 41:2,6,12,23;42:11, 82:10;85:21;87:22; 46:20;134:5; 252:3;253:8;267:4;
learned (1) 22,23;43:7,11,13, 92:20;101:7,19; 138:1 269:2;270:6,17;
239:16 17;44:2,10;64:12; 102:12,13;107:2, litigate (1) 274:21;275:2;
least (33) 66:2,6,18;68:6,9; 21;118:12;119:14; 241:22 277:3,4;281:11
20:2;25:3;27:6; 69:4,23;70:8;71:10; 121:3,12,14; litigated (2) loans (23)
35:4,5;82:2,5; 72:3;73:17;75:21; 137:15;138:8; 259:11;262:17 34:20,20,21;35:3,
124:3;130:14; 76:17;77:4;83:8,12, 139:21;140:4,14, litigation (24) 9,11,18;36:2;40:13,
135:8;149:18; 18;84:15,23;85:11; 16;141:7;142:8; 8:19,20;9:13,15, 20;51:9;52:22,23;
151:5;155:18; 86:1;93:3;94:20,23; 146:20;147:9,15; 21;10:2;17:8;42:21, 64:14,15;70:15,17;
160:17;161:3; 97:9;99:4;100:3,17; 148:3,12,15,19,20, 23;77:10;239:5,8; 86:15;162:12;
171:19;172:22; 101:14;102:5,8,9, 21;149:3,4,16,23; 240:15;241:8,13; 203:4;239:5;
173:5;179:17; 15,21;103:4,14; 150:1;152:13; 247:13;261:5,23; 250:14;266:10
184:4;190:8; 104:1,8,9,15; 155:10;157:19; 265:9,11;266:17, local (5)
193:21;194:9; 105:19;106:1,22; 181:15;190:5; 20;267:7,18 62:4;73:14;
197:1;200:1,2,21; 108:20,23;109:2,5, 192:2,9,10;193:10; little (7) 110:7,13;113:8
203:19;205:17; 5,7,17;110:13,19; 194:9,18;199:12; 30:12;74:14; located (3)
223:19;242:5; 115:1;116:5;117:4; 202:15;209:4; 108:16;155:19; 239:21,23;240:2

Min-U-Script® Bain & Associates Court Reporting Services, Inc. (300) laws - located
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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

location (1) 128:20;185:17,18; maintained (1) 84:14;92:16;94:7; 188:2;190:13;

54:2 186:2;206:22; 263:16 121:10;146:17; 227:1;237:11;
lockstep (1) 277:4;281:4;284:14maintenance (1) 186:22;188:5; 243:7;244:9;
258:20 looks (9) 264:1 232:7,11 252:21;253:4;260:5
long (13) 21:13;39:5;40:1; major (1) marketable (1) mean (108)
9:21;20:3;66:16; 92:18;93:7;95:7; 57:11 263:22 13:9;14:8;15:22;
83:6,15;104:18; 144:16;162:15; majority (10) marking (1) 16:4;17:20;21:12;
122:13;147:18; 250:3 149:2,15,16; 186:18 22:16;23:1;32:4,4,
169:7;171:7; Lori (1) 183:17;192:13; marks (6) 5,15,18;33:12,19;
174:19;252:19; 232:22 263:11;265:15,16, 6:15;60:21; 34:13;35:8;45:5,7,
253:3 lose (2) 23;266:10 108:11;160:2; 8;46:20;47:10,11,
longer (14) 207:17;217:9 makers (1) 197:9;249:13 16;48:12;56:13;
84:4;95:7; lost (9) 243:1 married (1) 57:5,6,13,14;58:23;
107:16;108:16; 156:23;157:6,17, makes (6) 215:7 69:6;74:5;75:20;
123:8;124:23; 22;159:5;197:17; 39:4;78:22; Massachusetts (7) 79:3,18;83:21;86:3;
125:11,12,18,23; 202:10,14;270:22 165:21;183:3; 283:1,4,6,10,14; 88:4,5;95:11;97:12;
134:14;140:6; lot (6) 203:11;233:14 284:10;285:5 99:9;103:8;105:4;
144:10;205:14 34:15;36:1;92:9; making (9) master (1) 109:16,21;111:14,
look (92) 258:22;264:1; 41:3;52:23; 10:13 21;112:14;115:15;
15:1;23:13; 267:18 67:21;116:13; matches (1) 120:3;125:22;
31:10;33:5;46:6; loud (1) 208:8;242:16; 116:5 129:7,13;131:5,18;
52:10;55:2;70:8; 275:23 257:21;258:1; math (3) 134:4;136:18;
71:9,10,13,23;72:1; lower (1) 276:20 153:5,7,13 137:23;139:3;
73:1;74:10,15;75:7; 36:21 manage (2) matter (5) 140:16;142:5,9;
81:16;82:18;83:11; low-level (1) 240:15;241:13 6:19;43:10; 145:9;150:17;
84:20;86:19;90:22; 198:1 management (1) 114:4;215:18; 151:17,22;162:7,9;
94:8;96:3,4;100:1, LP (5) 255:1 259:11 168:8;181:5,7,14;
8,10,16;101:2; 21:8;70:17;71:5, manager (6) May (77) 182:16,17;183:7;
104:12;105:14; 6;93:4 200:20;208:12; 12:14;19:19; 186:11;192:7,23;
106:5;107:11; lump (1) 239:18,19;242:12; 21:5;26:5;29:20; 196:12;204:21;
110:11,21;114:7; 250:14 244:21 52:2;72:10,17,23; 206:21;210:4;
118:7;123:14; lunch (1) managing (1) 73:2;74:3,11,17; 211:1,13;214:16;
125:3;126:3;127:2, 119:9 247:5 75:9,11,12,18;76:5, 215:16;221:1;
11,21;128:10,13, manila (1) 20;77:20,22;85:15; 222:19,22;225:17;
19;129:17;130:6, M 191:20 86:21;92:18;93:13, 226:15,19;229:16;
21;131:2,7,10; manner (5) 16;97:4,7;98:22; 234:12;242:4,20;
132:5;133:4,14,17; ma'am (1) 28:1,5;31:9;34:9; 99:1;100:2,4,7; 249:20;260:5;
139:7,9;144:16; 228:9 44:21 105:8;106:1,22; 262:10;264:8;
155:8;161:12,15; Mac (2) manual (3) 107:6,13;108:2; 267:13;274:15;
170:18;182:4; 65:15;175:19 42:5,6;43:13 109:13,19;110:1; 275:12;280:2;
183:15;187:4,5,22; macro (2) manually (1) 111:12;112:5; 282:11;286:4
195:12;196:23; 40:9;193:11 42:14 113:22;115:3; meaning (4)
197:2;198:10; Madison (1) many (17) 117:2,21;130:21, 30:20;109:6;
200:14;203:23; 54:16 12:11;34:19; 23;135:23;171:10; 164:3;281:10
206:13;208:17; Mae (6) 35:3,11,18,22;51:9; 172:14;177:21; meanings (1)
227:12,21;233:7; 21:15;25:10; 168:5;223:18,20; 182:14;184:4,17; 77:16
246:20,21;251:20; 65:14;175:19; 224:6,12;245:17; 187:21;191:14; means (19)
253:13;255:22; 250:9;251:5 246:5;247:21; 197:1;216:12,17, 18:4;31:19,22;
269:17,23;270:20; magnetic (1) 265:11;268:5 23;217:5;219:22; 32:23;33:6;36:6;
278:21;279:3; 240:5 map (1) 224:11,20;228:11; 38:3;45:2;46:13,20;
280:15 mail (3) 160:11 250:10;259:9,9; 48:4;56:16;58:13;
looked (19) 138:22;140:1; March (12) 263:16,17,17; 59:11,19;98:9,11;
13:5,12;32:20; 149:1 104:15;105:19; 268:12;275:18; 111:11;221:1
33:18;35:1;36:15; mailed (2) 132:16;133:5,15, 276:12 meant (4)
81:10;83:4;93:18; 42:22;44:6 16,18;134:11; maybe (31) 50:11;188:23;
95:6;109:3,12; mailing (1) 136:7,14;137:18; 9:6;17:8;39:23; 190:4;244:22
119:14;133:17; 138:11 156:13 45:7;68:10;87:5; mechanism (2)
146:20;172:17; mail-merged-type (1) mark (8) 102:10;116:17; 42:10;241:2
268:9;280:19,20 152:13 11:8;70:3;84:11; 118:8,23;123:2; mechanisms (1)
looking (16) mainly (1) 92:13;94:4;121:6; 141:6;142:13; 221:1
32:9;44:16;53:7; 246:19 146:14;229:1 144:17;171:18,20; mediations (3)
56:1;82:17;90:19; maintain (2) marked (11) 173:23;174:2,8,9; 8:22;239:10;
93:6;100:21; 239:4;240:9 11:10;70:5; 177:14;186:17; 246:18

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

meet (1) 255:9 moment (2) 11:20,23;76:16; 92:5;186:19;

244:16 mine (1) 90:3;155:8 90:15;248:21; 213:11,18,21
meeting (3) 266:10 money (18) 250:15;254:8; Nationstar (1)
244:14;280:14; minister (1) 23:17;24:4; 259:15 175:20
281:1 215:5 229:11;230:10; most (8) nationwide (4)
meetings (2) minute (4) 231:3,3,12;233:10; 136:2,4;153:14; 159:6;189:19;
248:11,16 65:18;136:15; 234:3,9,22;235:16, 236:5;243:15,22, 190:15;194:4
member (2) 159:18;196:17 21;236:5,10; 23;245:23 nature (8)
10:19,23 minutes (2) 242:18;243:9; mostly (1) 39:5;81:13;
members (1) 83:1,20 264:16 149:18 233:15;244:19;
270:3 mirrors (1) month (3) move (4) 255:12;260:9;
memo (1) 47:3 248:17;250:6,7 49:8;94:2;205:7; 263:18;275:9
80:10 mislead (1) monthly (1) 277:22 nearly (1)
memos (3) 223:15 207:10 moved (1) 265:18
260:5;261:2; misleading (2) months (2) 49:10 necessarily (5)
282:16 223:8,12 127:7;146:20 moving (1) 51:22;85:23;
mention (1) misrepresent (1) more (39) 91:19 95:11;110:3;172:11
41:5 213:16 9:4,5;34:23; MPA (2) need (62)
mentioned (6) missing (17) 35:14,16;42:18; 10:9,13 34:1;39:13;
9:12;64:21; 101:18;103:17; 53:11;61:15;69:4; much (4) 40:18;42:8,23;
212:5;213:3;276:8; 105:18;158:12,13; 89:14;91:7,18;98:1; 33:8;143:3; 43:12;59:8,18,23;
281:20 166:18;168:4,16, 116:13;127:23; 242:15;245:3 66:12;68:23;86:14;
menu (1) 21;169:7;170:8,10, 129:19;132:7; multiple (2) 104:18;110:11;
213:4 13;171:22;174:18, 142:21;143:15; 254:6;277:6 114:7;117:15,17;
menus (1) 19;198:7 158:21;167:8; must (39) 122:1,1;127:23;
213:4 mission (1) 201:16;202:2; 16:5;17:20;18:4, 129:19;132:6;
merged (3) 150:17 204:23,23;205:13; 9;19:17;20:8;22:7; 140:19,21;142:21;
21:3;70:19;71:7 mistake (24) 206:14,17;211:4, 26:3,18,19;27:9; 143:15;155:8;
merger (1) 78:19,22;79:7,10, 10,12;212:1,3; 28:17;44:23;45:2,5, 158:6,7,11,16;
275:14 13,20,23;80:6; 231:7;242:15; 19,23;46:13;48:6, 164:13;165:18;
merges (1) 88:15;101:2;102:3; 248:23;258:15,18, 10;54:7;55:7;56:7; 167:7,20,20;
39:1 103:2,13;104:5,7; 22 57:5,14;58:7,23; 168:16;171:15,16;
merging (1) 107:22;125:3,7; morning (2) 59:20;62:11,15; 172:5;174:13;
275:16 128:10;135:7,11; 32:1;228:10 66:17;73:21;116:4; 194:9;198:12;
mess (1) 225:3;226:10;227:4 mortgage (93) 158:8;171:17; 201:23;203:23;
274:7 mistakes (2) 8:18;11:11;12:3, 182:13,16;220:8; 204:5;206:13;
met (5) 80:5;91:10 14;16:7;20:1,5,9, 281:23 207:5,13,19;211:3,
228:9;269:5; misunderstood (4) 14;22:2,7,14,20,22; 4,17,23;212:3;
277:21;279:13,13 102:11;141:6; 23:5,11;24:5,9,16, N 249:6;260:8;
Michelle (1) 171:18;227:2 19;25:12;27:5; 263:17;269:19;
232:22 mitigation (9) 28:7;32:9;33:5; NA (14) 273:1;279:11;
Microsoft (1) 156:23;157:6,17, 34:15;39:18;48:7; 6:21;20:21;21:4; 280:10
148:22 22;159:5;197:17; 49:3;53:4;58:20; 63:6;71:1,8;87:17; needed (15)
middle (3) 202:10,14;270:23 62:2,8;63:8;64:16; 93:5;187:12; 43:13;61:18;
21:5;99:12;160:7 Mobile (2) 65:13,16,18;66:7, 228:20;233:1; 83:5;84:1;140:7;
midway (1) 48:15;54:17 13;67:14;71:16; 235:11;250:12; 152:1;153:22;
55:15 models (1) 73:13;76:17,21; 265:19 154:4;164:8,9;
might (18) 245:13 79:17,19;81:20; name (20) 168:12;172:21;
34:9;43:12,13; modification (17) 86:3,16,23;87:2; 7:3;8:3,6;38:7; 242:20;244:8;286:6
149:4;176:11; 160:19;167:5; 88:19;89:4,16;90:8; 41:18;68:22;69:6, needs (7)
181:16;186:11; 173:4;183:9;200:4, 91:16;109:15; 19;71:6;90:6; 42:11;136:3,4;
191:9;193:19; 17;201:13,15; 112:7;113:8,11; 95:13;121:21; 151:3;193:22;
201:9;209:17; 202:1,3,14;204:8, 114:13,15,16; 192:17;193:4; 247:15,16
211:3,4;247:17; 15,20;267:5;270:6, 115:12;120:17,22, 195:2;208:4; negotiate (1)
251:9;260:20; 17 23;121:4;182:2,20; 228:10;239:20; 236:9
284:3,16 modifications (1) 183:6,10,16;184:9, 267:23;268:1 new (5)
military (2) 119:23 11;185:19;213:11, names (2) 42:8;102:8;
270:2,3 modified (3) 19,21;237:7,13; 69:6,14 149:13;172:6;
mind (6) 119:18,20;173:22 239:4;252:9;253:8, narrow (1) 264:14
93:23;115:10; modify (2) 15,20;254:20; 138:13 newspaper (4)
116:22;117:5; 157:5,5 255:10;256:1; NA's (1) 46:8;47:23;
186:6;231:2 modules (1) 259:3,16;262:2 87:15 48:10;49:19
mindset (1) 253:4 mortgages (8) national (5) next (35)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

19:11;30:10; 276:18;281:4 286:18 267:16 opinion (35)

49:12;55:2;74:10; notice (108) numerous (1) onboarded (1) 18:9,11,15,18;
85:14;93:12;96:3,5; 11:15;14:13; 156:9 252:22 19:1;27:4,7;28:10,
98:10;100:11,13; 15:18,20;16:1,5,19, nurse (4) onboarding (2) 15;29:3,15,22;
105:4;106:12,18; 23;17:3,11,19,20, 214:3,6,13;215:5 254:3,16 31:21;44:22;46:11,
109:11;127:11; 23;18:10,16,20,22; once (22) 16,19,22,23;60:8,
128:19;131:10; 19:5,11,16,19; O 12:12;46:7,14,18, 10;61:20,23;73:8,
133:16;139:9; 25:22;26:2,5,16; 20;47:9,10,22; 10,11;74:16;77:3;
156:21;158:3,4,19, 27:9;28:6,17;29:4, object (15) 158:19;160:21; 85:12,18;107:1,4;
19;160:10,12; 6,20;30:1;31:8,11, 16:9;111:1; 161:1;163:7; 116:9;185:11,15
167:18;170:12; 13;36:19;37:10,19; 180:18;219:1; 170:18;198:1; opinions (4)
171:10,14;174:17; 38:16;39:13,14,14, 221:16;224:1; 203:22;211:3,13, 62:5,6,9;68:4
183:20;199:8 23;41:13;42:8; 229:13;236:16; 14;212:13,14; option (4)
night (2) 44:20,23;45:20; 243:18;260:10; 248:16;262:22 15:19;50:2;
193:21;194:8 46:7,11,14;47:22; 262:4;272:19; One (65) 161:11;168:18
Nightly (2) 55:16;56:6,23;57:5, 274:14,15;278:15 6:9,16;17:10,12; optional (6)
40:8;193:14 18,23;58:6,18,19; objection (6) 21:2;24:13,13,13; 31:15;32:6;
nobody (6) 59:19;61:6,10; 16:10;191:9; 35:4,5,5;41:14,23; 46:14;47:12;55:5;
50:19,22;51:5; 62:11,21;64:11; 195:22;273:9,17; 42:1,11,15;61:7; 57:13
52:20;172:17; 67:3,6;72:10,20,23; 274:6 66:22;67:4;68:8; options (3)
192:23 81:11;94:12;99:13, objections (1) 70:11;72:20;89:14, 149:8;173:10;
nondeliverable (1) 13;102:8;103:21; 195:20 21;98:10;99:3; 174:10
137:20 104:19;114:19; obligated (3) 100:4;101:19; oral (1)
nonexistence (6) 148:18;170:21; 231:18,20;234:16 106:19;120:1; 6:12
55:19;57:3;58:3; 183:5,8,9,12,21; obligation (3) 124:19;125:10,15; order (27)
75:10;86:22;93:17 184:5,8,10,15,21; 213:22;215:22; 136:19;137:18,20; 16:6;17:1;23:19;
nonjudicial (21) 185:14,14;188:12; 274:23 143:10;145:9,11; 24:4,10;30:21;34:1;
30:19;31:4;53:8; 189:16;212:18,19; obtain (1) 149:22;167:16; 42:22;86:14;88:11;
54:6;97:2,5,15; 218:10;223:19; 134:16 172:19;175:1,11; 120:21;121:23;
98:18;117:12; 227:19;244:3; obtains (1) 180:15,16;186:18; 130:12;136:5;
164:3,4,11,14,16, 255:11;267:4; 237:4 197:3,3;198:18; 166:6;169:15;
21;165:4;166:7; 274:4;279:7; obviously (5) 200:1,2;210:17; 175:2;176:21;
174:2;212:8;216:7; 281:22;284:9 22:14;89:20; 213:14;215:21; 191:13;204:8;
281:22 notices (34) 91:22;220:22; 219:19;224:8,9; 206:7;227:22;
nonjudicially (1) 18:4;27:1,14,23; 244:13 243:14;245:2,21; 236:3;238:20;
97:5 28:20;29:12,13; occasionally (2) 250:15;275:15; 266:18;279:15;
nonlawyers (1) 30:3,4;56:16;68:2; 49:9;261:18 276:23;277:4 285:21
110:20 94:18;129:4; occasions (2) one-off (6) organizational (1)
nonsense (1) 176:11,13,16,17; 43:11;51:15 42:18;102:5,13, 69:17
103:6 181:16;182:7,8,11; occurring (1) 20;103:8;155:14 original (3)
normally (2) 183:16,17,17,19; 160:16 ones (7) 21:11,12;275:3
179:20;204:21 188:18;189:3; October (5) 11:4;122:14,15; originate (2)
North (1) 191:5;212:13; 94:23;100:16; 136:18;201:22; 20:19;63:4
6:10 248:20;253:13; 101:13;103:14; 266:15,16 origination (1)
Notary (1) 255:22;272:16; 104:1 ongoing (1) 250:8
6:2 278:21 odd (2) 249:2 others (1)
notation (3) notified (3) 147:13,20 only (33) 91:9
201:12;216:12; 144:12;148:6; off (14) 13:5,9;30:18; otherwise (12)
270:19 272:17 89:17;91:20; 61:22;78:4;101:21; 14:18;20:11;
notations (1) number (34) 103:3;105:5; 122:8,13,20; 25:15;49:21;53:21;
199:15 6:16,22;9:1; 106:20;119:7; 125:23;137:9; 112:17;122:18;
note (2) 12:18;32:20;60:18, 181:12;197:5,6; 149:5;154:2,7,18; 144:12;181:4;
100:15;180:9 22;70:3;103:1; 198:14;201:10; 159:3,4;187:1; 200:23;214:9;
notes (27) 105:22;108:8,12; 228:2;241:4;275:19 190:16;194:2; 233:16
176:20;177:3,22; 121:7;129:17; offer (5) 197:19;198:9,13; out (60)
178:18;179:2,23; 130:6;131:23; 161:4,10;172:22, 233:18;234:11,18; 22:17;23:5;33:4,
180:5,10;185:1; 136:6;143:15; 23;173:4 240:18;260:13; 6,11,16;36:9;39:13;
196:8;197:1; 146:6;159:22; offered (1) 262:16,22;266:16; 40:1,2;42:1,1,9;
199:14,14;200:7; 160:3;197:10; 161:3 282:6;284:15 49:12;68:23;80:12;
205:12,23;206:9, 232:2;246:12,14; offices (1) open (1) 81:15;82:10;84:8;
13;210:10,13; 249:10,14;259:15, 6:8 196:20 102:21;110:21;
214:20;251:3; 16;260:2;266:5; often (3) operative (3) 123:2,7;138:15;
252:2,4;272:3; 271:6;272:15; 41:10;263:23; 109:5,6;189:22 146:1;148:3,23;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

152:14,15;158:1; ownership (10) 73:6,18,21;74:1,2,9, parties (2) 231:12

159:12;166:10,23; 207:17;218:2; 11,15,20,22;75:8, 126:17;136:2 percent (1)
182:1;187:10; 220:20;221:8; 14,21,23;76:7,11; parts (4) 247:2
194:9;196:15,21; 230:11;237:5; 77:5,12;78:8,12,16; 44:12,13;207:3,4 perform (4)
199:21;202:9; 252:5;285:17,23; 80:9;81:2;85:5,9, party (56) 114:8;192:4;
203:7;212:12; 286:9 15,19;86:20;87:4,9, 121:18;122:1,6; 223:9;280:5
213:18;217:11,12; owns (1) 23;93:12;94:16; 123:1,7;125:11,16, performed (3)
222:22;225:15; 22:23 95:19;96:4,5,6; 18,19,23;126:1; 197:23;205:14;
226:9;236:22; 97:17;98:9,10,14; 132:18;133:10; 272:13
237:20;238:1; P 99:11,12;100:11; 134:15;135:14,15, perhaps (6)
240:3,12,17; 101:8,10,16,20; 20;138:18;139:1, 87:5;149:13;
247:17;261:8; package (33) 102:1;103:20; 14,16;143:13; 168:1;171:12;
275:23;277:23; 156:23;167:4; 105:4,5,11,16,20; 144:9;145:5; 192:14;260:14
282:3;284:20 169:6,14;170:20, 106:5,13;107:9,12; 147:15,17,19,22; period (32)
outlined (1) 23;171:1,8;172:7; 108:3;116:5,11; 148:2,4,8;153:17, 122:20;137:5;
171:7 176:21;177:13; 117:6;118:17,21; 19,19,23;176:5; 151:2;163:5;
outside (15) 179:21;185:4; 182:5,6;183:15; 181:2;184:16; 166:13,20;167:1;
8:19;68:1,19; 187:9;188:3; 185:18;219:12,20; 185:13;186:2; 169:2,8,11,12,15,
78:16;154:6;155:2; 198:23;204:4,19, 220:7;221:20; 187:15,16;208:7; 20,21;170:1,8;
177:4;203:14; 20;205:14,17,18, 222:2,7;223:11; 217:4,5;220:19; 171:7;172:4,5,11,
239:7;240:19; 19;206:2;210:8,17; 234:7;281:15,22, 221:10;231:10,20; 12,14;173:13;
241:23;242:5; 211:6,15,20; 23;282:5,6,14,18; 235:16,19;236:1, 175:1;176:7;178:8,
244:17;261:11; 228:18;279:17,18; 283:7,17;284:10 15;237:19;258:5; 10;179:6;206:11;
279:2 280:7 paragraphs (2) 264:12 270:22;271:18,22
over (33) packages (1) 33:19;86:2 pass (1) permission (1)
13:22;50:18; 207:14 parallel (1) 242:23 187:5
82:19;84:1;100:3; page (34) 246:2 passed (1) permit (1)
104:12;105:22; 12:17,22;14:23; parent (2) 281:13 112:19
133:9;139:21,21; 15:15;19:23;23:11; 70:23;71:2 past (5) permitted (1)
151:15;174:17; 25:19;30:13;41:9; parenthesis (5) 81:10;112:9; 112:10
177:19,20;180:22; 94:8;106:13; 14:16,19;163:3,4; 146:19;195:7;281:7 person (22)
181:23;188:20; 109:11;123:14; 166:10 paste (1) 40:11;41:3;
189:6,9,11;192:23; 127:11;128:19; part (37) 221:20 43:14;68:8;151:10,
197:14;232:17; 131:10;139:9; 15:14;22:14; patience (1) 12;200:16,17;
236:3;242:12; 141:5;146:6; 34:4;71:11;84:16; 143:19 203:16;207:14;
246:20,21;250:21, 155:19;156:11; 89:8,8;93:1;94:10; pause (3) 208:2,16;215:7;
22;261:4;263:12; 160:9;161:16,16; 111:17;120:2; 118:20;119:1; 216:5,23;241:16;
284:3,19 165:5;166:15; 136:3;162:10,11; 244:8 242:5;257:5;
overall (5) 167:10;168:23; 170:15;174:22; pay (2) 276:23;277:4,14;
83:12;85:9;89:9; 170:4;173:11; 187:18;189:23; 33:8,9 278:2
97:7;217:16 174:7;232:17,18,19 194:15,18;212:22; payable (2) personal (4)
override (1) pages (2) 213:18;222:10; 71:18;97:20 77:3;115:20;
209:21 11:16;130:23 230:21;231:16; paying (1) 116:9;263:5
overseas (1) paid (4) 236:5;243:2; 219:21 personally (15)
270:4 112:9;229:3,11, 250:14;251:9,16; payment (3) 18:12;89:21,22;
oversight (1) 21 254:2,14;276:21; 24:9;33:21;34:8 90:11;92:2;115:15,
262:1 Paige (1) 278:7;279:6,17; payments (11) 18,21;116:8;
own (15) 4:9 280:6 23:14;24:11; 186:11;224:15;
35:19;36:1; paperwork (1) particular (27) 32:21;33:1;34:1; 227:7;230:17;
37:19;65:9;66:20; 267:5 29:13;33:15; 71:16;88:11,11; 248:5;259:12
117:17;155:14; Paragraph (132) 56:2;62:6,7;103:3; 109:16;112:7; person's (1)
159:12;203:4; 12:22;13:3,6,7, 104:8;113:18; 281:11 192:17
209:19;230:9; 18;14:5,20;15:1,11, 114:4;122:20; people (22) perspective (1)
231:5;257:8,12; 13;17:1,5;19:11; 123:10;154:2,9; 53:11;68:11; 284:2
261:8 23:13;25:19;26:16; 167:1;198:11; 127:18;156:22; pertains (1)
owned (6) 28:7,10,11,16; 201:22;206:2; 193:21;195:8; 235:9
21:9,12;93:4; 29:23;30:5,8,11,23; 212:11;233:19; 202:10;217:19; pertinent (1)
235:11;250:11; 31:2;32:20;34:14; 235:1,10;243:1; 222:23;223:18,21; 40:21
258:6 36:18,19;37:11,19; 244:21;252:3; 225:15;245:23; philosophy (1)
owner (1) 38:16;39:13,22; 260:16;261:17; 246:5,8;248:12; 89:12
21:17 44:15;45:10;53:6; 282:18 257:7;263:7;266:6; phone (7)
owners (2) 55:14,15;58:7;61:8; particularly (1) 277:1,6,12 122:14;151:15;
237:14;264:15 64:5;71:13;72:1; 139:2 people's (1) 177:19,20;180:22;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

181:5,23 80:23;81:3,4,5, 79:19;87:5;114:14; 15;131:17;142:22; 24:15;62:10;66:11;

physical (1) 10,19;82:1,13,15, 118:3;123:11; 181:20;264:2; 67:6;85:23;126:16;
81:15 22;83:7,16;84:9; 125:5;171:11; 283:18,18 138:3,14;226:20;
physically (4) 85:20;177:5; 207:23 preventing (1) 267:16
141:20;192:7; 188:15;224:18; possibly (4) 42:21 procedures (19)
217:11,18 226:8,12;231:8; 255:1;282:21; previous (11) 81:5,19;82:1,15,
pick (1) 254:23 283:19;284:6 26:12;55:14; 22;83:7,17;84:9;
159:20 policy (26) postpone (5) 70:15;93:8;106:19; 85:20;138:11;
picture (1) 22:21;23:2;24:9, 203:12;204:9; 107:2,20;111:9; 188:15;224:18;
14:4 15;62:10;66:10; 208:8,19;269:19 126:5;128:5;170:6 226:8,12;236:13;
piece (9) 67:6;81:14;83:10; postponed (5) previously (6) 252:11;254:9,23;
23:5;157:3; 85:23;86:5,6,23; 180:8;181:9; 145:23;163:1; 262:8
169:19;230:8; 115:11;116:2; 185:6,8;204:12 165:13,14;166:11; proceed (6)
231:4;257:6;258:5; 126:15;135:13; postponement (11) 168:23 96:19;97:1,4;
264:11;268:23 138:3,10,14;177:7; 177:6;180:11; price (3) 98:6;279:8,12
Place (11) 197:22;199:11; 202:21;203:15; 229:21;235:17; proceeding (8)
6:9;52:8;63:5; 204:1;226:20; 204:10,17;208:9, 245:14 96:7,8,10;97:8,
126:9;130:1; 231:13 13,21;209:12,18 primarily (2) 10;107:17,21;
157:14;213:6; pool (1) postponing (2) 214:7;239:6 267:10
222:6;238:7; 162:12 176:23;208:3 principal (1) proceedings (8)
270:22,23 popping (1) potentially (2) 23:21 6:13;71:19;
places (1) 260:20 150:5;162:3 print (5) 97:21;98:6,9,11,15;
260:20 populate (2) power (5) 148:23;240:12, 105:3
plaintiff (2) 102:18;192:17 31:3,3,7;44:17,19 14,17;241:3 proceeds (3)
232:4;266:22 portal (2) practicing (3) printed (3) 23:14;245:15,15
Plaintiff's (3) 81:18;241:1 60:3,4,4 39:17;44:5; process (31)
147:9;232:7,10 portfolio (12) precedent (2) 201:10 40:10,22;42:5,6,
plan (4) 8:17;10:4;239:4, 269:4;277:21 prints (1) 6;125:8;143:17;
270:20,21,22,23 18;241:9,11; predecessor (2) 39:19 157:8;158:21;
platform (6) 265:17;266:8,9; 20:21;87:13 prior (28) 160:17,18;161:2;
40:13;41:17; 283:3,13;284:4 predictive (1) 14:14,17;15:19, 162:12;164:22;
193:7,8;194:13; portfolios (1) 245:14 20;16:5;18:10; 170:15;186:15;
241:1 266:11 predicts (1) 102:3;131:15; 203:23;204:22;
play (1) portfolio-wise (1) 245:13 134:20;146:21; 207:1,23;212:23;
214:14 246:15 premise (1) 176:5,7,14;180:10; 217:15,23;236:12;
please (6) portion (1) 80:13 205:5;244:1;250:2, 245:8;258:16,17;
7:3,11;8:3; 200:1 preparation (5) 3,21;252:7,14,16; 259:11;262:3;
151:18;158:16; position (46) 13:6,11;214:5; 256:10;264:22; 278:7;286:5
182:2 8:11;42:13; 251:1;282:20 269:1;271:4; processed (3)
plumber (1) 61:23;62:19;63:2; prepared (1) 273:15,22 34:2;88:12;201:7
215:6 67:18;68:22;73:4,8, 286:2 privacy (1) processes (3)
plus (2) 12,16,19,22,23; presale (3) 191:9 252:11;262:21;
242:2;245:15 74:7,16,21;75:13, 203:10;208:12; private (3) 271:15
pm (16) 17,20;76:1,8;77:4, 276:21 65:8,15;126:20 produced (6)
108:9,14;119:8, 14,23;78:6;80:6,8; presence (1) privilege (2) 49:2;84:21;
11;159:23;160:5; 85:10;87:20;89:11; 244:17 68:3;274:15 136:12;232:13,16;
197:7,12;228:3,6; 91:7;92:11;120:18, present (7) privileged (2) 241:5
249:11,16;275:20, 22;195:2;208:4; 7:2;56:18; 273:3;278:16 production (2)
23;286:20,23 225:19;226:3; 112:21;188:19; privy (1) 84:17;130:23
point (20) 229:7;235:22; 189:4;191:7;195:16 246:14 profession (1)
21:10,16;33:17; 245:19;246:1,6; presented (1) probably (4) 214:22
34:10;81:8;91:23; 256:6;266:6 113:17 9:10;161:1; program (5)
95:6;136:19;137:3, positions (3) president (4) 194:22;242:11 40:12;193:12;
9;151:11;171:7; 246:2;249:4; 8:13;69:13; probate (3) 194:12,21;206:21
172:2;173:10; 276:15 232:23;239:1 285:19;286:3,7 project (4)
201:19,20,23; possession (1) press (1) problem (3) 120:2;190:1;
205:12;247:2; 230:11 43:15 79:1;143:22; 283:20;285:9
269:17 possibilities (1) presses (1) 258:20 promises (1)
pointed (2) 175:1 39:15 problems (3) 180:10
33:16;213:18 possibility (2) presume (1) 250:21;258:16; prompting (1)
points (1) 67:8;171:3 189:18 275:1 208:21
269:9 possible (10) Pretty (11) Procedure (13) promptly (1)
policies (21) 45:8;78:16; 50:5;129:6,11,15, 6:6;22:21;23:2; 158:17

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

proper (4) 50:1 qualify (1) 49:20;53:20;87:10, record (13)

40:23;48:22; published (4) 173:6 20;96:17;115:13; 112:4;119:8,11;
218:22;279:15 46:9;47:23; quality (2) 135:19;139:23; 145:17;184:23;
properly (2) 48:11,12 41:21;277:9 153:21;159:7; 197:7;212:13;
150:14;221:14 pull (9) quasi (1) 161:20;168:14; 216:4;228:3,6;
properties (6) 40:13;43:4; 97:3 175:11;215:21; 275:20,23;286:11
204:2;263:11; 83:16;102:17; quick (4) 229:16,20;233:2; recorded (3)
264:1,10;265:5,6 103:7;182:1; 8:15;14:21; 251:3;252:4,22; 49:7;240:6;286:7
property (65) 192:16;193:13; 197:5;276:8 266:8;284:21 recording (4)
15:4;19:21;26:7, 194:13 reasonable (3) 151:17;212:14,
20;29:22;30:22; pulled (3) R 257:5,15;264:14 22;240:5
38:8;48:21;49:11, 193:14;196:3; reasoning (1) records (7)
23;51:19;55:4,5; 284:6 rank (1) 68:5 18:19;21:2;91:8,
112:8;124:3; pulling (1) 42:13 reasons (1) 19;191:23;239:6;
143:14;165:11; 91:18 rather (3) 149:22 251:22
187:10,11;216:23; pulls (2) 92:21;110:21; reauthorized (1) redemption (2)
217:18;219:21; 38:22;39:16 221:21 137:7 271:18,22
229:4,12,18,21; purchase (8) rea (1) recall (29) reengaged (1)
230:9,11;231:4,10, 20:15;52:3,18; 27:17 35:22;51:9; 137:6
19,20;233:18; 63:23;229:21; reach (3) 84:15;89:5;121:13; REEXAMINATION (1)
234:14,15;235:10, 235:16;257:6; 84:8;123:7; 149:16;179:2,12; 276:5
10,14,15,20;236:2, 274:21 247:17 205:22;206:12,13, refer (3)
3,14,15;237:5,13, purchased (3) read (34) 16;209:16;210:7, 162:13;269:7;
14;238:10;256:10; 237:19;249:19,23 13:10,22;14:11, 10;241:16;248:6; 277:22
257:6,8,12,16,19, purchaser (2) 12;15:2,12;30:12; 253:3,16;254:1; referal (1)
23;258:2,5;264:12, 55:3;236:6 31:2;32:22;33:23; 259:7,12,12; 280:7
16,16,17,22;268:14, purchases (1) 56:4;71:14,14; 267:23;281:2,6; referenced (1)
20;271:16 55:5 80:10;85:19;89:1,6, 283:8,9,20 256:8
proprietary (1) purchasing (3) 11;92:10;98:13; receipt (1) referral (1)
245:12 64:3;256:11,11 99:7;104:19; 199:15 279:18
protecting (1) purpose (3) 112:10;116:17; receive (12) Referred (16)
134:17 15:9;117:10; 120:3;127:16; 10:15;136:5,16, 162:8,20;163:1,
protective (1) 243:17 140:17;160:15; 20;158:17;176:11; 10,13,17,17,19,21;
191:13 pursuant (1) 161:21;162:22; 181:17;211:3; 165:13,14;166:11;
provide (21) 6:5 166:9;207:6,12; 252:17;263:8; 169:1;173:12;
18:4;56:15; purview (1) 244:12 279:16;284:8 178:6;241:8
58:12;59:5;91:8; 162:19 reading (2) received (44) refund (6)
122:12;136:1; pushed (2) 97:18;157:9 23:18;35:17; 229:11;231:12;
143:18;158:7,8; 43:20;194:16 ready (3) 96:23;134:12; 234:22;236:5;
167:21;169:9; put (24) 269:18,19;270:10 136:9;142:17; 242:18;243:9
171:16,17;191:10; 33:21,23;38:6,11; real (2) 143:5,7,8,14; refunding (2)
211:1;247:16,19; 39:3,4;43:16;44:5; 14:21;262:1 156:20;157:3,16; 235:21;236:9
262:15;273:6,14 50:22;62:9;68:9; realize (1) 158:1,20;163:7; refuse (1)
provided (18) 90:2;109:17;138:4; 79:6 170:6;174:8; 236:4
17:11;31:9; 162:17;181:18; realizes (3) 175:14;176:12,14, refused (1)
37:14;44:21;55:7; 194:15;202:20; 78:23;79:9;227:3 17;180:9;199:1,6, 235:19
130:16;154:2; 213:10;222:7; really (34) 16;201:3;204:4; regard (1)
184:15;185:12; 243:10;255:14,17; 11:16;31:19; 206:14;208:20; 160:18
186:17;210:18,21; 284:6 37:3;51:20;52:6; 210:9;223:19; regarding (12)
252:7;272:14,15; puts (1) 90:17,22;91:18; 224:8;254:16; 81:10;90:15;
273:22;274:4,12 116:15 92:8,9,11;102:12; 259:23;260:1; 124:8;127:14;
provides (1) putting (4) 118:11;123:23; 261:13;281:11,21; 134:12;136:9;
14:18 34:5;49:16; 169:23;171:6; 282:17,19;283:5,9; 138:11;157:16;
provision (1) 120:12;219:19 183:8,14;225:18; 284:15 164:7;199:11;
219:12 234:2;237:8;238:3; recess (8) 282:18;284:10
provisions (1) Q 242:14;246:14; 60:20;108:10; regardless (10)
256:1 248:10;251:10,17; 119:9;160:1;197:8; 78:14;109:23;
Public (7) QA (2) 255:1;264:18; 228:4;249:12; 110:8;112:22;
6:2;10:13;50:8, 277:6,9 275:12,13;277:7; 275:21 163:16;180:8;
12;53:9;216:4; QAing (2) 285:7,8 recognizes (1) 220:6;231:21;
286:11 39:2,7 reason (28) 150:6 236:7,8
publish (5) qualified (1) 20:10;22:17; recollection (1) regards (2)
46:7,11,14;47:21; 94:12 25:14;42:7;45:9,21; 109:4 90:21;279:19

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

regular (2) 272:16 19:3;27:3;32:3; 172:13;173:13; responsible (9)

162:12;261:2 relies (1) 46:12;51:17;55:11; 176:1,15;186:14; 203:16;229:10;
regulations (1) 278:20 56:12,22;57:11; 213:9;269:10 240:16;241:7,15,
157:14 relinquish (1) 58:17;61:20;67:19; requirement (8) 19;242:16;246:21;
reinstate (38) 235:19 76:4,18;77:8;90:4; 17:4;31:14; 261:4
55:17;57:1,17,19; rely (12) 113:19;115:5,16, 47:15,15;61:14; responsive (1)
58:1,8;61:11;62:12, 46:23;48:17; 17;117:5;120:14; 66:16;174:1;175:13 188:14
22;67:5,7,11,16; 151:14;152:2,8; 138:6;154:17,19; requirements (20) rest (2)
74:23;77:19,20; 235:2;242:1; 166:4;185:10; 23:4;40:15,15; 56:7;169:4
99:15;101:12; 257:15;261:11,20; 200:19;227:9; 62:3,5;64:23;65:3, result (11)
103:18,22;106:16; 279:10;280:1 229:7;233:4; 10;66:2,5,21;72:3; 19:19;26:5,19;
107:7;109:14,20; remain (1) 243:11,16,20; 73:15;74:8;77:17; 29:20;72:10,18,23;
110:16;111:13; 201:18 286:20 175:18;186:8; 74:3;235:20;284:5;
112:6,20;113:2,23; remainder (2) representatives (2) 209:23;248:19; 285:5
114:6,13,14,21; 170:21,22 256:8;258:14 255:11 resulted (1)
115:7;116:18,21; remaining (2) represented (5) requires (4) 185:23
222:12 71:17;97:20 155:5;180:3; 19:6;109:23; results (2)
reinstated (2) Remedies (2) 247:13;256:9,23 110:8;111:5 179:22;216:4
204:7;281:12 13:15;231:18 representing (2) requiring (1) retained (3)
reinstatement (11) remember (7) 12:6;257:11 130:11 194:14,20;280:5
99:4,5,9;101:14; 9:4,6;21:19;38:8; reps (2) resale (1) retrain (1)
103:16;105:15; 72:2;90:5;184:18 51:17;251:11 208:10 252:23
106:14,23;112:22; remove (1) repurchase (3) rescanned (1) return (4)
113:15;114:11 217:18 51:19;231:19; 201:10 144:22;145:18;
reinstating (2) removed (8) 251:15 rescind (2) 146:9,10
67:8;223:1 124:7;128:6; repurchased (1) 225:10;236:4 returned (2)
reiterate (2) 132:17;133:8,9; 251:4 rescinded (1) 145:11,14
140:7,21 141:11;144:8;145:4 request (19) 133:22 returns (1)
reject (2) REO (4) 43:1;94:9,11,13; research (10) 212:1
173:5;176:2 187:10;237:20; 128:1;129:20; 67:14,14;114:7,8; reversed (1)
rejected (1) 264:22;271:15 132:7;134:12; 127:23;129:19; 88:14
180:12 REOV (1) 136:9;142:22; 132:7;142:21; review (38)
related (5) 245:9 143:16;167:11; 143:16;261:8 60:1;143:17,19;
81:20,22;83:17; repairing (1) 177:6;179:13; resell (1) 160:19;162:14;
140:1;248:21 264:16 202:21;203:15; 231:20 168:19;179:11,13,
relation (1) repairs (1) 204:17;208:8,21 resend (1) 22;201:12,13;
277:14 263:20 requested (9) 225:4 205:11;206:2,4,5;
relationship (1) repeat (3) 94:16;132:19; reserve (2) 207:5,9;210:12;
200:19 13:23;268:15,17 133:11;154:11; 196:18;227:18 228:14;269:2,3,12,
relaying (1) report (4) 188:12;210:18,20; residence (1) 16;276:9,17,23;
142:5 18:22;69:18; 227:20;272:17 132:2 277:12,20;278:8;
Reliant (79) 216:13;260:1 requests (1) resident (1) 279:7;280:10,13,
121:12;123:18; reported (1) 158:17 132:1 18;281:8;283:12,
124:7,15,19,22; 282:12 require (9) resolution (2) 14,15;285:3
125:1,10;126:8,12; Reporter (2) 19:8;36:8; 8:14;239:2 reviewed (29)
127:11,12;128:2,4, 6:1;7:10 110:14;113:14; resolve (2) 13:9;26:23;27:1,
7,22;129:11,21; reporting (1) 114:10;134:18; 226:1;241:21 14;29:12;30:5;
130:5,9,16,18; 91:19 203:6;205:2;250:13 resolving (2) 81:8;84:17;87:19;
131:12;132:9,17, reports (2) required (53) 8:20;239:8 89:10;109:1;
22;133:1,9,13,19; 260:4,6 18:16;19:5,14; respect (3) 155:10;179:3;
134:1,5,14;135:1,2, represent (7) 20:4;22:1,10;25:12, 56:19;91:12,13 198:2;204:12;
5;136:8,14,22; 7:3;127:17; 23;26:15,21;27:19; respond (1) 214:4;228:17;
137:10,16;138:2; 132:3;134:6;140:2; 29:2,3,16,23;30:20; 158:17 232:15;234:12;
139:10,20;140:13, 144:4;228:11 51:18;54:22;66:7; responding (1) 244:18;250:23;
15;141:11,15,19, representation (5) 74:11,18;75:2; 148:18 265:10,10,12;
21;142:11,14,23; 127:15;129:2; 85:15;93:13; response (5) 266:2,15;269:21;
143:10,12,13,20; 131:16;137:13; 109:13,16,18; 94:9;104:6; 270:5,7
144:3,8,11,15,19, 139:13 111:11,15;112:4, 143:18;149:14; reviewing (7)
23;145:4,6;147:2,5, representations (2) 14;115:2;157:20; 190:17 84:15;91:7;
11;148:10,16; 233:14;258:1 158:2,20;163:6; responsibilities (3) 121:14;203:22;
152:21;153:17; representative (42) 166:14,17,21; 13:19;14:6;253:8 207:14;239:6;
154:8,16;176:20; 6:17;8:9;16:3; 167:2,15;169:3,16, responsibility (1) 250:20
177:9,15;200:14; 17:7,16;18:8,14; 17,21;170:17; 284:14 revocation (3)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

137:4;142:1; 22;161:23;163:14; 277:11 123:22;124:19; 62:7

152:20 164:14,20;165:6, sale (80) 129:21;141:15 secured (3)
revoked (5) 19;167:12,21; 19:20;26:7,20; satisfy (3) 19:20;26:6;29:21
126:10;127:8; 168:6,13,17; 29:21;30:15,16; 268:19;282:4,5 security (6)
137:9;142:15;147:1 169:10;171:23; 31:3,3,8;44:17,19; saw (20) 14:16;19:20;
Rhonda (2) 172:9;173:7,15,20; 46:7;47:22;53:8; 18:19,21,22; 26:6;29:21;182:12;
4:2;61:4 174:3,10,20; 54:3;58:5;112:8; 29:13;90:7;106:19; 184:22
right (276) 177:10,14;178:10; 113:6;161:12; 118:16;120:15; seeing (14)
11:20;12:13; 186:6;189:10,19; 163:3,22;164:9,19; 149:19;179:23; 52:13;90:20;
15:8,17;17:18; 192:11,21;193:1; 165:16,23;166:13; 180:5,9,10;200:7,9; 91:10;99:19;
18:11;19:10;20:5; 195:23;196:18; 169:2,22;173:17, 206:9;233:20; 105:17;106:22;
23:23;24:20,23; 204:15;205:9,23; 19;176:8,8,9,18,23; 244:8;246:23; 117:23;118:2;
25:7,13,18;26:7; 211:18;213:16; 177:2;178:20; 268:22 149:17;179:2,12;
27:12;29:10;31:5; 215:19;216:1; 180:1,6,23;181:9; saying (52) 234:10;261:16;
32:12,16;33:1; 218:3,7,19;220:6,8, 183:7;185:5,8; 15:2;43:21; 281:2
34:17;35:4,5;36:9, 23;221:3,8,11; 186:15;187:10,11; 61:15;74:17;75:12, seek (2)
11;37:8,14;38:13; 222:12,13;225:15; 200:6,12;204:6,9, 14;76:7;80:18; 225:15;226:9
39:4,5,10;45:4,12, 226:5,11;227:6,16, 10,14;205:6,7,11; 90:6;104:2;110:20; seem (2)
14,15;46:15;48:4,8; 18;229:18;232:5; 212:20;218:7; 117:6,21;125:7,17; 147:13,20
49:4,13,19;50:5,12, 236:14;243:3; 220:14,18;221:4,6; 128:7,23;129:10, seems (2)
16,20;51:6;52:18, 245:18;255:7; 228:15;229:17; 12;133:19;137:11; 87:11;148:12
23;54:18,23;55:13, 256:10,14,20,23; 230:22;233:11; 139:4,10,18; select (1)
17,18;57:1,2,16,19; 268:13,20;276:4; 238:6;245:4; 140:22,23;141:1, 241:3
58:1,2,8;61:11,12; 280:9;285:19; 264:13,22;269:1, 11;142:1,14;143:8; sell (20)
62:12,16,22,23; 286:3,11 13,19,20;270:11; 144:3;157:23; 15:4;49:23;50:2;
64:7,16;65:11,18; rights (3) 271:3,5,9,11;272:2 158:10;163:18; 55:20;57:4;219:20;
66:14;67:4,7,16; 13:18;14:6; sales (6) 168:2;169:5;170:5, 229:18;230:8;
74:12,19,23;75:9, 209:20 53:12;187:18; 9;171:3,21;174:7; 231:9;236:14,15;
13,15;76:5,7,20,22; ripe (1) 231:15;245:14,14, 179:23;180:9; 237:12;238:11,15;
77:19,20,21,22; 38:20 15 184:18;202:18; 256:10;257:1,8;
79:1,4,13,20;80:18; road (1) same (84) 203:1;206:22; 258:4;268:14,20
82:11;85:12,16; 160:11 15:15;19:23; 211:6;230:13; seller (1)
86:17,21;87:6,7; role (1) 25:16;29:1,9;30:13; 252:2;258:3 233:13
88:19;89:23;92:6,7; 214:12 41:9;43:8;62:15; scan (1) selling (1)
93:1,14,16;94:20; room (1) 66:22;75:4,14,19; 138:3 64:19
96:6;98:15,19,23; 277:1 76:9,19,23;85:4,14; scanned (1) sells (1)
99:14;100:12; roughly (2) 86:22;91:17;93:7, 201:7 264:11
101:11;102:18; 250:9;266:9 17,20,21;94:1,3; scenario (1) semicolon (1)
103:22;104:4; route (1) 95:22,23;98:18; 237:21 13:14
105:9,11;106:16; 269:9 102:15;104:22; scenes (1) Seminars (2)
107:6,13;108:2; RQ-120821-1-1 (1) 105:2,6;106:10; 39:6 248:14,15
109:14,19;110:10, 155:20 107:11;108:17; scheduled (1) send (73)
15,23;111:6,9,12, Rule (4) 115:6,22;116:10, 185:9 18:20;25:21;
18;112:5;113:21, 6:5;197:16; 20,22,23;117:2,6; scope (1) 26:11;31:11;33:7;
23;114:2,5,12,20, 199:9;204:2 118:5,10,17; 37:17 37:19;39:13;40:7;
23;115:4,7;116:3,4, ruled (3) 119:17;123:6; search (4) 43:1,5;66:9,11,17;
18,21;117:3,7,20; 205:19;237:16; 126:9;131:1,4; 82:9,12;83:2; 125:23;126:16,20,
118:22;119:12; 260:16 136:7;139:12; 192:5 23;130:2;134:5,7;
121:2;124:4,12; Rules (3) 141:2;146:6;165:5; second (13) 135:19;138:16,17;
125:20;126:1,19, 6:5;22:10;157:14 174:6;183:9;199:8, 19:22;25:22; 139:1;140:14;
21;127:2,8;130:3; rulings (2) 17;202:4;204:18; 38:6;61:3;106:13; 142:18,19;147:5,
132:15;133:20; 260:14;284:19 210:9;214:17; 159:20;161:15; 15;152:4;154:20;
134:1,8;135:8,12, run (3) 215:5,8,11,13; 168:23;185:9; 157:19,20;158:4;
20;137:1,8,16; 40:12;194:13; 233:23;246:9,12, 208:1;217:22; 159:2,13;163:5;
138:4,9,20;141:11, 206:20 14,16,16;250:6,7; 232:17;233:7 166:14,21;167:1,3,
17,20;142:4,23; running (1) 253:7;273:8,17; Section (15) 6,8,8,15,18;168:2,3,
144:1,4;145:8,20, 103:2 274:6;277:16,17; 14:17;23:22; 10,14;169:3,5,16,
20,22;146:11; rush (1) 278:1 26:10;31:9,10; 20;170:11,19,21;
150:10,15,20; 226:17 sample (1) 32:20;33:21;44:21; 171:10,12,12,13;
151:3,15,20; 41:23 53:7;62:20;72:2,8; 172:13;173:13;
153:16,20;155:4; S sampling (1) 158:19;162:5; 174:17;183:7;
157:1;158:8,23; 42:2 234:11 211:5;212:12;
159:15;160:12,16, safe (1) San (4) sections (1) 220:2,8,10;261:14;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

269:7;279:5 46:6;55:2;56:1,8; settled (1) 196:23;197:8; 225:23;235:18;

sender (5) 58:13;59:10;75:8; 259:9 204:6,14;221:4; 237:9;260:13
144:22;145:11, 98:18;100:13,20; Settlement (10) 228:4;249:12; six (7)
18;146:9,10 106:18;111:22; 213:11,19,21; 275:21 126:4;153:6,10;
sending (22) 112:10;158:3; 235:6;237:19; show (10) 198:19;199:22;
27:8;28:16; 162:22;163:12; 242:6,9;243:2; 11:7;21:2;70:2; 265:17,18
62:11;81:11;83:18; 169:4,14,18,19; 247:19;251:17 84:10;92:13;121:6; skip (1)
92:20;121:3;138:8; 183:21 settlements (2) 146:13;185:1; 26:13
139:17,18,21,23; separate (4) 92:5,9 232:7;249:23 slow (2)
140:10;141:1; 111:22;193:17; seven (30) showing (1) 83:2;238:5
143:11;148:16; 202:4;205:6 46:21;153:8,10; 157:4 Smith (1)
154:14;157:13; separately (1) 168:5;175:14; sic (2) 276:13
206:3;213:1,7; 23:6 176:3;177:1,10,16; 147:10;179:17 sold (10)
224:3 September (10) 179:8,14;181:12, side (1) 15:6;52:7;64:6,
sends (3) 108:19;115:1; 18;183:1,3;184:2,2, 124:18 15;217:4;231:4;
26:16;58:18; 116:5;117:4; 17;185:21;199:23; sides (1) 235:14,15;250:8;
154:13 119:15;120:16; 200:15;201:1; 141:2 263:22
senior (1) 126:4;141:9,13; 202:19;204:3,3,4, sign (2) sole (1)
215:6 142:17 16;205:2;209:14,23 236:3;271:21 201:23
sense (10) series (2) seven-day (1) signature (3) somebody (36)
39:5;117:19; 119:14;121:11 185:12 136:23;232:18,21 10:4;25:9;32:14,
125:22;138:23; serious (3) several (3) signed (10) 21;33:4,17,22;34:9;
139:4,22;163:13; 119:1;150:6; 72:13;140:16; 187:18;230:2,21; 36:5,20,21;37:20;
165:21;209:3; 215:18 233:20 231:16;233:3,22, 50:2;55:5;76:14;
221:12 seriously (1) SEXTON (28) 22;256:16,17; 80:10;82:21;94:11;
sent (104) 219:3 7:4,4,23;228:1,8, 271:23 136:3;149:20;
18:22;37:10; server (1) 10;229:15;232:1,5; significant (1) 150:4;155:14;
38:21;40:1;42:9; 193:18 236:20;244:1; 84:1 159:13;162:2;
43:1,12,14;64:12; service (9) 249:8,17;261:1; Simental (1) 181:3;183:2;195:5;
66:12;68:6;70:14, 35:19;36:1; 262:7;272:22; 155:15 196:19;213:1;
16;83:13;93:3; 37:12;86:15;143:2; 273:2,5,10,14,18, S-I-M-E-N-T-A-L (1) 238:11;262:23;
110:19;119:21; 151:10;200:16,19; 19,21;274:11,17, 155:15 267:1,5;282:11;
123:18;124:16,17, 203:4 20;275:17;276:2 similar (5) 284:3;285:2
22;126:6;128:1,4; serviced (1) shall (43) 95:5;99:22; somebody's (4)
129:20;130:3,4; 182:21 14:13;15:18; 109:11;131:15; 33:14;150:9,21;
131:5;132:1,8,11, servicer (12) 16:1,18;17:19;18:4; 246:12 207:5
19,23;133:2,11; 20:18;22:1;52:1, 19:11;25:22;31:8, simple (3) somehow (8)
134:22;135:5; 5,7;64:11;66:3,4, 13,18,21;32:4; 16:22;59:1; 49:10;82:9;
136:7;140:4,5; 22;70:15;95:17,18 44:20;45:1,5,7,16; 242:15 102:7;103:1,3,7;
141:14,18,20; services (1) 46:7,11;47:8,21; simply (13) 194:16;224:5
142:11,14,23; 22:23 49:23;55:3,16;56:6, 16:17;17:2,18; someone (2)
143:9,20;144:13, servicing (32) 23;57:9,23;58:22; 18:21;24:16;56:17; 136:4;140:2
18;145:6;146:1; 20:15;21:1,4,8, 59:19;61:10;62:21; 58:21;88:1;107:22; sometime (2)
148:8,9,13,17; 23,23;22:8;25:11; 67:3;72:20;99:14; 112:15;133:21; 136:14;146:19
149:3,17;153:16; 40:12;41:17;50:19, 100:15;101:10; 184:23;189:20 Sometimes (11)
154:15;159:4,12; 20,23;65:12;70:17; 103:21;105:16; single (6) 45:11;49:6;
163:9;166:16,17; 71:5,6;81:22;82:5; 114:19;115:6; 41:23;43:14; 64:18,19;122:12;
167:2,16;168:1,9, 91:16;92:20;93:3; 116:20 151:11;201:19,20; 182:16;252:1;
11;169:17;170:4,5, 95:13;100:14; sheet (7) 215:7 260:16,21;261:14;
16;172:16,20; 185:1;193:8; 127:3,3;128:14, sit (1) 279:3
177:15;178:23,23; 199:14;200:7; 20;131:8;133:15; 234:4 somewhat (1)
179:10;185:4; 251:3;252:2; 139:8 sitting (2) 251:13
188:11,18;191:5, 276:18;281:4 Shelby (1) 83:16;193:18 somewhere (6)
18;192:9;195:8; set (10) 54:16 situation (16) 10:19;22:19;
197:18;199:6,7,8, 169:23;176:19; sheriff (2) 24:8,8;52:11,14; 85:19;153:10;
12,21;205:15,17; 188:1;198:3; 217:10,18 113:10;150:6,8; 193:18;260:23
208:23;209:5; 208:18;233:15; shocking (1) 154:2;180:19; soon (1)
210:8,23;219:9; 247:22;248:3; 223:13 226:21;235:14; 168:16
223:22;224:11,19; 259:3,8 shop (1) 236:1,19;237:4,15; sorry (13)
272:20 sets (1) 44:7 259:13 51:23;52:1;
sentence (28) 158:1 short (12) situations (9) 100:6;111:18;
14:11,20;15:13, settle (3) 60:20;108:10; 49:7,14;52:9; 113:7;145:9;146:4,
17;25:21,22;26:12; 242:3,13;247:19 160:1;161:12; 103:9;154:9; 22,22;202:22;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

208:11;244:7; 72:20;122:18 216:6,7;224:3; 167:20;168:7; sum (4)

253:12 speculate (8) 260:15;261:3,21; 171:16;174:3; 19:19;26:6;
sort (50) 24:7;64:9; 279:12;280:4; 183:1;192:15; 29:20;250:14
22:14;23:4; 118:11,19;181:2; 281:23 204:5;211:16; summarize (1)
25:21;30:11;31:1; 225:18;257:17; stated (5) 238:9;242:11 174:5
32:19;38:11;40:10, 264:5 130:4;140:17; stipulation (1) supersede (1)
11,19,20;83:12; speculating (1) 148:5;221:23;279:1 6:6 54:2
89:2,11;97:3;103:6; 251:13 statement (7) stipulations (1) supply (1)
112:16;127:22; spell (1) 60:9;68:7;96:22; 7:18 170:14
149:8,9;152:12; 8:6 115:10;127:19; stop (14) suppose (10)
155:13;157:13,23; spend (2) 150:23;151:3 46:10;133:19; 33:2,3;34:11;
161:22;193:11; 170:2;264:16 statements (3) 139:18;159:19; 45:17;46:1;64:8;
194:14;196:21; spent (3) 94:18;207:10; 164:8;165:23; 129:16;184:9;
197:22;202:2,3; 55:23;247:3,4 212:1 178:7;181:13; 238:14;270:19
206:1;211:21; spoke (2) state-required (1) 184:3,4,18;200:15; supposed (12)
213:3;237:18; 200:13;244:20 270:12 202:20;267:10 33:8,9;49:11;
238:18;249:2; spoken (1) states (64) stopped (2) 167:3,5,8;168:8;
250:5;251:17; 181:6 22:13;24:10; 144:2;177:18 243:14;279:6,22;
252:23;260:21,22; St (1) 26:8;47:1,18,19; stopping (2) 280:2;283:23
261:23;269:9,17; 54:16 50:7,13;53:16; 176:9;270:16 supreme (2)
270:23;275:5; stage (4) 54:19;55:9;56:9; straight (1) 260:15;282:13
279:22;280:7;281:1 34:13;197:23; 57:6,8,9,21,21; 206:8 sure (113)
sounds (4) 198:1;243:3 58:11,11,14,14; straightforward (1) 9:14;14:1;19:23;
7:19;142:22; stamp (1) 60:6,7,9;72:16,16, 129:15 30:13;34:4,11;39:2;
187:21;272:19 232:14 19;73:3;97:2,4,5; stranger (1) 41:8;52:6;56:3;
South (1) stamped (2) 99:1;109:22; 52:21 65:1;68:16;70:8;
4:5 11:12;92:17 111:15;112:15; Street (1) 81:23;83:9,10,19;
speak (8) standard (4) 114:17,17,19; 4:5 84:7,16;86:7;87:18;
77:9;115:14; 31:1;37:13; 124:10;128:22; structure (2) 90:16;91:23;92:10;
121:18;123:9; 152:12;158:22 129:1,7,8,9,10; 69:17;203:20 99:8,17;101:21;
140:20;213:22; standards (1) 131:18,18,20,20; stuck (1) 119:19;122:2;
242:12;264:8 243:21 142:8,9,9;161:5,8; 206:8 127:1;129:13;
speaking (6) start (8) 164:16;172:3; stuff (10) 139:4;140:3,3;
72:15;180:20; 21:1;23:20; 183:19;199:4; 38:11;90:19; 146:5;148:6,9;
203:8;227:9;256:3, 71:12;133:8; 212:12,17,21; 91:21;130:2; 150:3,13;155:23;
5 195:13;212:14; 233:13;259:4; 139:18;148:23; 164:15,19,23;
speaks (10) 260:19;267:15 270:10 187:19;192:20; 165:20;174:6;
15:22,23;47:13, started (5) stating (6) 217:11;262:18 176:15;181:17,17;
17;48:3;56:13; 61:3;98:7; 77:3;98:6;111:3; subject (7) 183:8,14;184:20;
57:20;58:10;72:14; 119:13;157:13,18 113:1;133:21; 163:3,8,23;164:4; 192:3,5;194:11,14,
151:10 starting (2) 184:23 165:16;173:22; 19;199:11;200:3,8;
specialist (1) 80:13;253:2 statistics (1) 187:10 201:21;209:8;
240:20 starts (3) 259:21 submission (2) 213:17;214:16,18,
specialized (2) 105:5;106:20; staying (1) 176:6;270:17 19;215:2,11,23;
201:16,21 157:17 270:15 submit (4) 217:14;219:7,17;
special-needs (2) State (62) step (5) 167:4;172:5,6; 220:4;222:12,13;
214:8,13 6:3;7:3;8:3;9:17; 20:12;32:8; 177:16 226:22;228:18;
specialty (1) 11:23;16:17;17:2; 117:16;121:17; submitted (5) 234:14;235:3,5;
284:6 22:10;27:13,16; 219:3 156:23;177:12; 236:17;238:3;
specific (12) 30:17,19;40:15; steps (2) 178:12;184:17; 243:20;244:7;
66:5,10,18;76:16, 47:2,20;54:1,4; 227:11;279:15 211:15 250:23;251:10,18;
17;77:12;90:6; 56:17;57:22;60:2,3; stick (1) submitting (2) 255:19;256:12;
103:11;149:5,6; 61:4;62:4;66:12; 219:13 176:21;267:4 257:3,18;259:6,19;
159:8;253:16 73:14;86:12;87:12; sticker (2) subsequent (1) 264:18;268:22;
specifically (3) 90:14;91:12;98:3; 145:13,17 275:2 269:17;270:2,7,8,9;
12:3;149:20; 109:23;110:6,7,7, sticky (1) subsidiary (1) 271:9;275:12,13;
154:10 13;111:22;113:8, 196:8 93:4 278:14,17,23,23;
specified (7) 13,16;114:9; still (23) sue (3) 280:1,3,19,21,23;
19:18;26:5;28:2, 117:13;131:19; 25:12;43:8;61:6; 216:23;217:5,5 281:17;283:8
5;29:19;72:10,22 159:8;164:4; 101:15,23;102:15; sued (1) surrounding (1)
specify (7) 173:16;174:1,2; 105:18;106:6; 186:2 251:21
19:12;25:23; 181:14;209:18,22; 115:19;147:2; sufficient (1) Suzie (2)
26:10,16;27:9; 210:3;212:7,8; 158:7;164:17,22; 17:12 37:11;276:13

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

swear (1) 129:4 161:21 times (14) trained (4)

7:11 telling (14) Thanks (1) 9:1,3,7,11;46:21, 252:14;253:6,12;
sworn (1) 18:23;26:13; 187:3 21;64:22;72:13; 278:6
7:14 78:13;109:18; thereafter (1) 151:11;156:10; training (18)
system (22) 110:22;131:13; 21:15 224:6,12;254:6; 89:8;96:23;
33:22;34:6; 166:16;168:15; therefore (2) 286:9 248:22;249:3;
38:21,23;39:16; 170:12;180:22; 73:21;116:3 timing (4) 252:6,17,21;253:6,
40:9;102:17;131:5; 181:5;183:2;215:9; thereupon (1) 66:8;178:19; 16;254:3,16,19;
149:9;193:4,5,13, 225:16 49:22 181:18;271:20 263:6;277:20;
16,17;194:17; tells (11) thinking (1) ting (1) 281:21,21;283:5;
199:13;200:11; 14:5;23:17;24:2, 212:16 85:14 284:9
213:6;240:17,18; 6,17;151:15,23; third (57) title (21) trainings (1)
245:13;251:14 166:15;168:3; 71:13;85:4; 13:13;42:13; 254:15
systems (5) 180:14;205:16 94:15;95:19;98:9; 68:22;69:12; transaction (1)
39:8;139:5; template (34) 121:18;122:1,6,23; 127:13;182:5; 231:12
209:11;220:4,7 37:18,22;39:17; 123:6;125:15,18, 186:20;195:2; transcript (1)
40:23;43:8;80:2; 19,23;126:1,16; 208:3,4;233:17; 184:14
T 102:16,18;103:9; 135:14,15,20; 234:6,15;235:19; transfer (5)
119:20;120:21; 136:2;138:18; 236:7,18;237:9,23; 221:5;252:5;
table (1) 149:3,4,10,18,23; 139:1,14,16; 238:1,20;246:9 257:1;285:17;286:9
82:8 152:12;155:16,17, 143:13;147:15,17, titles (1) transferred (7)
talk (15) 21,21,23;156:2,9, 19,22;148:2,4,8; 276:15 15:6;21:13;64:6;
14:21;38:4; 17;159:4,14; 153:17,18,19,23; today (6) 221:9;240:4;250:6;
68:23;129:12; 163:15;164:1; 176:5;184:16; 9:15;119:16; 256:19
148:20;164:1; 189:8,11;192:10; 185:13;186:2; 186:17;244:2; transferring (2)
176:21;189:14; 194:17;213:2 187:15,16;208:7; 254:6;278:18 220:19;285:23
192:7;202:18; templates (3) 217:4,5;220:19; together (2) transfers (1)
203:9;242:12,22; 37:15;67:21; 221:9;231:10,19; 275:16;277:5 218:2
244:16;260:6 279:3 232:18;235:16,19; told (23) travel (2)
talked (2) template-type (1) 236:1,15;237:19; 65:21;72:13; 246:17;247:3
95:23;99:3 124:11 258:5;264:12 111:11;140:11,13; treat (4)
talking (19) tens (1) third-party (8) 152:8,23;154:19; 214:17;215:4,7,
12:5;13:18; 64:14 39:19;121:20; 181:22;185:20; 13
49:15;61:8;70:12; term (1) 134:12;136:9; 189:21;202:8; treated (4)
81:6;90:3;97:10,22; 102:22 152:20;203:8; 227:1,2;231:8; 214:14,20,23;
99:12;102:11; terminated (2) 236:6;271:5 239:14;251:14; 215:3
103:9,20;160:7; 137:12;180:1 thirty (1) 256:12;257:4,15, tremendously (1)
189:2;203:1; Termination (5) 26:2 18;268:9;274:9 221:13
240:22;250:17; 127:15;129:1; though (10) took (3) trends (3)
262:18 131:16;139:13; 66:22;74:2;87:4; 50:18;53:3; 260:23;261:15,21
talks (8) 148:18 105:18;140:11; 250:21 trial (3)
74:23;75:1; terminology (1) 164:16,21;177:4; top (9) 9:8;12:8;270:22
93:12;98:14; 212:16 235:21;270:9 12:21;89:18; trials (3)
100:11;183:21; terms (4) thought (12) 91:20;94:8;127:14; 8:22;239:9;
270:15;282:4 36:17;73:12; 89:21;92:2; 156:5,11;248:23; 246:18
tapes (1) 85:8;147:19 102:10,11;205:18; 254:21 tries (1)
249:7 Terry (1) 227:1,2;258:6; topic (1) 79:1
task (1) 239:20 267:9;272:1,2,3 195:20 trigger (2)
279:19 testified (7) thousand (1) topics (1) 43:5;202:11
tax (1) 7:15;8:23;12:7; 34:23 227:19 triggered (5)
212:1 27:20;188:20; thousands (4) total (3) 143:11,12;
teacher (1) 189:6,9 64:14;80:15; 71:11;103:4; 148:16;199:5;202:9
215:5 testify (7) 266:3,4 203:22 triggers (4)
team (13) 8:8,21;57:12; three (9) totally (1) 98:5;201:12;
37:6;68:1,2,10, 188:12;239:9; 23:11;46:8,15; 103:5 202:15;218:18
12;69:4,5,7;246:16; 241:12;260:18 47:9,11,22;146:20; touched (2) trouble (1)
251:11;277:2,8; testifying (1) 161:16;206:5 215:14;278:13 86:12
278:2 16:11 throughout (2) toward (2) troubling (1)
technical (2) testimony (2) 254:4;265:17 12:18;86:19 30:8
265:22;277:17 115:4;214:5 til (1) towards (1) true (3)
technically (1) Texas (3) 191:7 12:21 90:22;91:6;92:1
234:16 10:22,23;240:3 timeline (3) track (2) trust (1)
telephone (1) texts (1) 157:17;205:1,5 9:9;265:14 212:17

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

truthful (1) 284:22 150:1 uses (2) 108:8,12;159:22;

213:15 ultimately (4) unless (12) 149:23;162:9 160:3;197:10;
truthfully (1) 109:8;165:3; 14:18;33:11; using (5) 249:10,14;286:18
213:23 186:1;247:17 97:6;122:17,19; 38:21;44:10; view (5)
try (8) unable (2) 135:14;144:11; 149:19;207:11; 75:3;105:10;
9:6;41:14;206:7; 137:21;138:19 179:20;204:14; 280:12 107:8;116:12;
219:20;222:17; unauthorized (6) 242:8,10,10 usual (1) 120:14
226:22;241:21; 136:1;138:18; unlikely (3) 7:18 views (1)
261:8 139:1;143:13; 118:8,9,23 75:19
trying (17) 147:15;148:4 unlimited (1) V Vines (1)
22:17;24:14; undeliverable (2) 122:19 6:1
33:3;40:2;47:8; 138:22;145:12 unsophisticated (1) vacated (2) violated (1)
59:4;68:23;80:12; under (32) 181:1 247:23;248:3 91:15
86:11;151:6; 14:17;17:4;23:5, unsure (1) vague (2) violation (1)
179:14;207:22; 22;26:16;36:19; 22:6 45:11,16 88:18
222:23;234:1,2; 37:10;44:16;51:16, unusual (1) valid (5) virtual (2)
274:7;278:15 17;58:6;69:16; 250:19 235:23;252:10, 253:5,5
Tucker (2) 78:9;93:10;95:13; unwritten (1) 10,12;280:4 voluntarily (2)
128:18;131:10 112:17;114:13,14; 86:5 validity (2) 53:3,3
turn (6) 136:3;157:20; up (37) 231:21;236:8
12:17;94:22; 184:7,11;186:13; 9:10;19:22; values (5) W
106:12;109:10; 202:5;203:19; 30:14;52:21;55:14; 223:7,17;225:1;
132:15;197:14 205:2;230:7; 69:18;82:18;88:5; 226:12;227:8 WA (18)
turns (1) 242:10;251:14; 91:4;97:16;127:14; variables (2) 6:19,20;187:13,
49:12 253:19;258:4; 150:4;156:5; 38:7,12 14;228:11,16,21;
Tuscaloosa (1) 266:14 159:11,20;183:3; various (3) 229:10;230:8;
54:17 underlying (2) 217:21;218:1,5,12; 68:11;92:5; 233:4,9;256:9,13;
twice (8) 235:23;237:1 226:8;237:1; 248:20 268:14,21;271:12;
12:12;48:3; underneath (1) 238:12,21;240:18; vast (4) 285:15,18
119:20;131:5,6; 155:18 243:10;245:18; 192:13;263:11; wait (4)
189:12,21;248:16 understands (2) 252:11;259:20; 265:14,16 65:17;99:8;
two (17) 89:2;235:22 260:20;261:7; vendor (2) 136:15;170:20
14:23;23:13; understood (7) 264:15;265:10; 44:10,13 walk (1)
93:8;106:19;107:2; 33:13;245:2,7; 274:7;277:8; vendors (1) 61:18
108:8;130:22; 255:2;276:20; 280:11;285:8 150:19 wants (5)
161:16;173:11; 284:12,23 update (1) verbal (2) 54:6;119:5;
174:10,23;211:14, undertake (1) 249:3 177:10;182:10 121:18;157:4;
15;237:22;275:16; 150:9 updated (2) verbally (5) 278:15
278:2;285:14 underwriter (12) 156:14,17 177:19,23; warranties (3)
two-minute (1) 179:15,20;198:4, updating (2) 180:15;183:2; 51:17;233:14;
275:18 8,10;205:16,18; 138:12;139:5 200:13 251:11
type (10) 206:4,6,9,10; upload (1) version (3) warranty (3)
37:19;110:14; 211:16 207:7 8:15;156:17; 234:13,17;236:22
148:22;155:10; underwriters (5) uploaded (2) 201:16 Washington (1)
156:23;175:13; 179:10;197:18, 201:7,8 versions (1) 11:5
192:20;237:21; 20;202:5,11 upon (5) 84:9 watch (2)
261:18;266:16 underwriting (2) 143:18;151:14; versus (2) 184:13;260:8
typed (1) 179:21;210:8 152:8;231:11; 6:19,20 watering (1)
155:14 undo (2) 278:20 vice (4) 116:12
types (3) 225:3;231:11 up-to-date (1) 8:13;69:13; WATTS (29)
11:20;114:10; unduly (1) 248:19 232:23;239:1 7:8,8,17,21;8:2;
268:5 82:14 use (16) video (1) 16:20;60:12,13,16;
typewriter (1) unfamiliar (1) 24:12;33:20; 184:14 61:2;108:6,15;
193:1 12:2 37:15,18;41:14; Videographer (25) 111:4;119:12;
typically (2) unfortunately (2) 67:22,23;102:15; 4:9;6:15;7:10; 159:19;160:6;
157:11;267:13 205:4;230:3 110:4;149:8; 60:11,14,17,21; 181:10;187:20,23;
typing (2) uniform (16) 161:20;184:22; 108:7,11;119:7,10; 196:16;197:13;
37:12;193:1 11:17;33:16; 193:11;213:3,4; 159:17,21;160:2; 219:8;221:18;
34:16,18;36:4,14; 245:8 197:6,9;228:2,5; 224:6;227:16;
U 37:23;62:20;63:6, used (5) 231:23;249:6,9,13; 232:3;276:6;
10,12,18,22;110:3, 41:18;48:2; 275:19,22;286:17 286:13,16
ultimate (3) 5;219:14 184:20;187:16; videotape (11) way (24)
235:4;280:8; uniformity (1) 205:1 6:16;60:18,22; 27:10;39:10;

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

40:2,3;72:5;80:20; 176:3;177:1,16; wrong (6) 4:5 2006 (4)

92:3;123:6;165:2; 181:12;184:2,17; 49:8;226:16; 11th (1) 12:14;21:5,11;
181:11;214:14; 186:18;193:3; 227:4;260:7,7; 129:18 250:10
215:8,13;229:16; 200:14;201:1; 265:22 12 (2) 2007 (2)
231:14;234:3; 202:19;204:3,4,15; wrongful (2) 12:18;25:19 10:17;71:10
250:20;252:8; 250:6,7;251:23; 265:12,22 12:33 (1) 2008 (2)
253:12;259:9; 262:21;264:3; wrongfully (1) 108:9 71:4,16
260:16;264:19; 269:13 258:7 12:36 (1) 2009 (6)
267:6;277:16 without (6) wrote (1) 108:14 85:1;87:19;
ways (2) 59:3;165:18; 78:5 12:49 (1) 92:18;100:2,4,7
14:9;221:5 206:4;210:10; 119:8 2012 (6)
week (13) 221:5,8 Y 14 (10) 95:1;100:16;
46:8,14,19,20,21, witness (7) 12:18;133:5,16; 101:13;103:14;
21;47:9,11,22; 6:12;7:11;95:2; y'all (5) 137:18;161:3; 104:1;253:2
82:23;153:13; 105:23;131:3; 7:17;119:4; 168:5;172:22; 2013 (11)
244:9;252:21 141:8;182:3 227:22;232:1; 173:5;192:9;253:4 21:21;23:8;27:7;
weeks (9) WOODBRIDGE (15) 248:11 14-page (1) 32:10;51:5;52:11;
46:8,15;47:9,11, 6:12,18;7:13;8:4; year (2) 32:18 63:18;65:20;
23;82:23,23;83:20; 60:19,23;108:9,13; 128:5;252:20 15 (16) 104:15;105:19;
84:3 159:23;160:4; years (3) 31:9,10;44:21; 250:18
weigh (1) 197:11;249:11,15; 265:17,18;283:19 108:19;115:1; 2014 (13)
142:7 286:19,22 yep (1) 130:7,14;133:15, 106:2,23;108:19;
welcome (1) W-O-O-D-B-R-I-D-G-E (1) 39:22 18;182:5,6;183:15; 115:2;119:15,17,
147:18 8:7 young (1) 185:18;191:18; 21;120:16;188:18;
weren't (6) word (6) 215:6 192:10;253:4 189:4;191:7,18;
140:18;148:10; 25:4;31:18;56:5; 16 (11) 195:16
168:8;205:7; 148:22;183:18; 0 71:16;85:1; 2016 (23)
257:21;270:6 184:20 94:23;100:16; 120:2;123:15;
What's (22) words (11) 03-23-20 (1) 101:13;103:14; 126:4;137:3,5,5,6,8,
22:21;41:17; 23:19;32:15,19; 156:12 104:1;106:1,23; 14;141:9,10,13;
62:19;65:16;73:4; 33:12;34:13;45:11; 191:18;192:10 146:23,23;147:1,8;
83:4;96:21;116:4,5; 52:20;134:5; 1 17 (3) 152:23;153:2,3;
117:10;119:22; 197:18;199:23; 71:10;191:18; 156:13;190:8;
127:13;152:14; 218:21 1 (20) 192:10 198:17;272:14
156:5;160:12; work (11) 11:8,9;20:1;22:2; 18 (10) 2017 (24)
176:15;182:23; 8:19;16:14; 28:2,5;48:7;49:1; 14:17,20;15:1,14; 127:4,13,22;
193:7;198:16; 22:17;78:7;122:9; 60:18;63:23;72:1; 92:18;100:2,4,7; 128:14;129:18;
208:20;210:14; 202:5;203:2; 73:7;74:15;99:11; 191:18;192:10 130:7,15;131:9;
222:7 205:13;239:6; 182:1;185:19; 1819 (1) 132:6,17;133:5,15,
whenever (1) 254:22;263:17 219:15;220:7; 6:9 18;134:11;136:7,
66:11 worked (1) 232:8,10 1st (3) 15;137:4,19;139:8;
whereupon (1) 284:3 1,000 (1) 6:7;7:1;198:19 144:3,7,18;145:4;
6:13 working (1) 42:1 272:8
wherever (1) 82:23 1,020 (1) 2 2018 (7)
193:19 works (4) 225:12 6:8;7:1;120:4;
whim (1) 195:1;236:18; 1/25/2013 (2) 2 (6) 190:12,22;223:20;
45:8 237:9;254:21 250:1,10 32:20;60:22; 224:9
whole (4) worlds (1) 1:40 (1) 70:3,4;73:2,6 21 (5)
34:17;149:13; 162:18 119:11 2,118 (1) 104:15;105:19;
171:8;262:10 worse (3) 10,000 (4) 94:5 127:4,13;144:2
wholly (2) 214:23;215:3; 34:20;35:14; 2,121 (1) 2121 (1)
93:4;149:14 265:5 52:22;225:13 94:23 103:15
whomever (1) writing (12) 10:13 (2) 2,148 (1) 2127 (1)
238:21 152:5,9;154:5; 6:11;7:2 94:5 104:13
who's (5) 180:16;182:10,13, 100 (1) 2:29 (1) 2133 (1)
50:2;69:9;92:20; 17,18,23;183:8; 42:1 159:23 105:22
150:4;162:2 184:6;185:21 100,000 (2) 2:41 (1) 2134 (1)
wife (1) written (12) 34:21;35:16 160:5 106:13
214:7 19:1;86:6,8; 11:14 (1) 20 (3) 2143 (1)
win (2) 94:13;129:3; 60:19 83:1;131:9; 109:11
91:22,23 130:11,16;134:19; 11:33 (1) 225:12 21st (3)
within (22) 135:13;194:15,16; 61:1 200,000 (1) 136:7,14;139:8
103:11;112:9; 274:3 1117 (1) 35:21 22 (85)

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W.A. Jones Construction, LLC v. Jack D. Barnes, et al. vs Jessica Woodbridge
W.A. Jones Construction, LLC, et al. August 01, 2018

12:22;13:6,8; 197:7 94:4,6;99:6,16; 907 (2)

14:5;15:13;17:1; 3:42 (1) 101:13;197:10; 146:15;160:8
25:19;26:16;28:7, 197:12 249:10 918 (3)
10,12,16;29:23; 30 (8) 5:18 (1) 121:7;123:14,15
36:18,20;37:11,19; 6:5;19:15; 275:20 919 (2)
38:16;39:13,22; 158:21;160:22; 5:19 (1) 126:3;141:6
44:16;53:6;58:7; 198:19;204:23; 275:23 921 (2)
61:8;64:5;72:1; 205:1;246:10 5:32 (2) 127:2;142:14
73:7,18,21;74:1,2,9, 30b6 (1) 286:20,23 922 (1)
15,20,22;75:14,21, 286:19 50 (2) 127:12
23;76:7,11;77:5,13; 30-day (1) 9:6;247:2 923 (2)
78:8,12,16;80:9; 161:1 127:21;142:20
81:2;85:9,19;87:4, 31 (4) 6 924 (1)
9,23;99:11;101:8, 123:15;134:11; 128:13
10,16,20;102:1; 137:14;198:19 6 (8) 926 (1)
103:20;105:11,16, 31st (3) 121:7,9;126:4; 129:17
20;107:9;108:3; 137:8;141:10; 141:9,13;147:10; 927 (1)
116:5,11;117:6; 147:1 249:14;286:18 130:7
118:18,21;219:12; 35203 (1) 61 (1) 928 (1)
220:7;221:20; 6:10 11:12 130:21
222:2,7;223:11; 35205 (1) 63 (1) 929 (1)
281:15,22,23; 4:6 23:11 131:8
282:5,6,14,19; 3600 (2) 930 (1)
283:7,17;284:10 132:2,12 7 131:11
220 (1) 3rd (1) 931 (1)
225:12 12:14 7 (28) 131:23
22nd (1) 146:14,16; 933 (1)
4:5 4 154:13;160:7; 132:5
23 (1) 170:9;174:7; 934 (1)
156:13 4 (5) 175:12,23;176:13; 132:15
24 (1) 92:14,15;100:5,7; 178:3,5;180:4; 935 (1)
132:6 160:3 182:23;183:12; 133:4
2412 (1) 4:18 (1) 185:17;198:15,23; 936 (1)
108:19 228:3 199:18,21;202:7, 133:14
25th (4) 4:19 (1) 12;208:22;211:9; 937 (1)
21:20;144:18,22; 228:6 267:4;270:15; 133:18
146:7 4:44 (1) 271:6;272:15; 938 (1)
26 (5) 249:11 273:16 134:10
127:22;144:7; 4:48 (1) 700 (1) 939 (1)
145:4;146:11;272:8 249:16 201:1 136:6
27 (4) 40 (1) 72 (2) 941 (1)
146:23;152:23; 82:23 12:18;25:20 137:18
170:4;198:16 442 (1) 73 (1) 942 (1)
27th (2) 70:7 11:12 139:7
199:16,17 443 (1) 943 (2)
28 (1) 70:7 8 139:9;144:2
198:18 471 (1) 944 (1)
29 (1) 84:12 8 (3) 144:6
198:18 472 (1) 128:14;186:19,21 945 (1)
2nd (7) 84:12 8/1 (1) 144:16
132:16;147:8; 475 (1) 206:17 947 (3)
153:2;198:19; 92:17 144:21;146:6,9
207:16;272:9,13 476 (1) 9 949 (5)
92:17 121:8;145:3,12,
3 48 (1) 9 (3) 15;146:10
269:13 188:1,4;227:21
3 (7) 48-hour (4) 90 (1)
23:22;84:11,13; 269:12;278:1,8; 122:8
87:9;100:2;108:12; 281:1 905 (5)
159:22 146:14;152:17;
3/23/2016 (1) 5 156:12;160:8,9
156:18 906 (1)
3:25 (1) 5 (7) 161:16

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