Matt v HSBC Affidavit_Ex_1

7/30/2019 Matt v HSBC Affidavit_Ex_1

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EXHIBIT 1

Case 1:10-cv-11621-PBS Document 118-1 Filed 10/30/12 Page 1 of 11


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Exhibits: 1-23 Volume 1, Pages 1-146

UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS

---------------------------JODI B. MATT,

Plaintiff

Civil Action No. 1:10-cv-11621-PBS

v.

HSBC BANK USA, NATIONALASSOCIATION, ON BEHALF OF THE TRUSTFUND AND FOR THE BENEFIT OF ACESECURITIES CORP. HOME EQUITY LOANTRUST SERIES 2005-HE4 ASSETPASSTHROUGH CERTIFICATES, BANK OFAMERICA HOME LOAN SERVICING F/K/ACOUNTRYWIDE HOME LOAN SERVICING,COUNTRYWIDE HOME LOANS SERVICINGLP, HSBC BANK USA NATIONALASSOCIATION, ACE SECURITIESCORPORATION, WELLS FARGO BANKNATIONAL ASSOCIATION, DEUTSCHE BANKSECURITIES INC., DEUTSCHE BANKNATIONAL TRUST, DB STRUCTUREDPRODUCTS INC. COMPANY, COUNTRYWIDESECURITIES CORPORATION, THEMURRAYHILL COMPANY, NORTHEASTMORTGAGE COMPANY, NEW CENTURYMORTGAGE CORPORATION, BRAD A.MORRICE, PATTI M. DODGE, DAVID N.KENNEALLY, HARMON LAW OFFICES P.C.,STANTON AND DAVIS, and LAURA M.TOMASELLO, ESQ.,

Defendants

-----------------------------DEPOSITION OF JODI B. MATT

Friday, October 12, 2012, 10:00 a.m.Goodwin Procter LLP

Exchange Place - 53 State StreetBoston, Massachusetts

------- Reporter: Susan J. Blatt, RPR -------Farmer Arsenault Brock LLC

617.728.4404 / fax 617.728.4403



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FARMER ARSENAULT BROCK LLC

2

APPEARANCES:

Glenn Russell, Esq.

38 Rock Street - Suite 12

Fall River, Massachusetts 02720

508.324.4545 fax: 508.938.0244

[email protected]

For plaintiff

Goodwin Procter LLP

Courtney L. Benson, Esq.

53 State Street - Exchange Place

Boston, Massachusetts 002109

617.570.1000 fax: 617.523.1231

[email protected]

for HSBC Bank USA, National Association, on Behalf

of the Trust Fund and For the Benefit of Ace

Securities Corp. Home Equity Loan Trust Series

2005-HE4 Asset Passthrough Certificates, Bank of

America Home Loan Servicing f/k/a Countrywide Home

Loan Servicing, Countrywide Home Loans Servicing LP,

HSBC Bank USA National Association, Ace Securities

Corporation, Wells Fargo Bank National Association,

Countrywide Securities Corporation



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Cooley Manion Jones LLP

Tracy A.R. Jolly, Esq.

21 Custom House Street

Boston, Massachusetts 02110-3536

617.737.3100 fax: 617.670.8522

[email protected]

for Laura M. Tomasello, Esq., Nationwide Title and

Escrow



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would know the reason why you sought the mortgage

loan?

A. No.

Q. When did you first apply for the mortgage

loan?

A. For this mortgage loan?

Q. Yes.

A. I filled out an application in March of

2005.

Q. Where did you fill out the application?

A. I don't remember.

Q. Do you recall if anyone was with you when

you applied for the mortgage loan?

A. I don't recall.

Q. Do you remember who you met with when you

applied for the mortgage loan?

A. I don't.

MS. BENSON: I'd like to mark as Exhibit

5 a good faith estimate dated March 18, 2005. And I

would like to mark as Exhibit 6 an initial Truth-in-

Lending disclosure, also dated March 16, 2005.

(Marked, Exhibit 5, good faith

estimate.)

(Marked, Exhibit 6, Truth-in-Lending



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disclosure statement.)

MS. BENSON: And for the record, if I

stated that these documents were dated March 16, I

meant they were dated March 18th, 2005.

Q. Once you've reviewed the documents, could

you just let me know, Ms. Matt?

A. Yes. Okay.

Q. You claim that you initially received on

March 18th, 2005 a good faith estimate which we've

marked as Exhibit 5 and a Truth-in-Lending statement

which we've marked as Exhibit 6 indicating that the

interest rate was to be 8.158 percent with a monthly

payment of $1,329.26. Are these the documents to

which you refer?

A. I believe so.

Q. You received these documents on or around

March 18th, 2005, correct?

A. Yes.

Q. And these are your signatures on the bottom

of each page?

A. Yes.

Q. And the signature and date is -- the

signature is dated March 18, 2005 on each document,

correct?



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Q. Did you ever try to refinance the loan?

A. Well, I tried to get a modification.

MS. BENSON: Let me mark as Exhibit 12 a

letter from Countrywide to Ms. Matt dated February

28, 2007.

(Marked, Exhibit 12, letter, February

28, 2007.)

A. Okay.

Q. This letter appears to lay out terms of a

possible refinancing agreement. Do you agree?

A. Um-hum.

Q. And it's from Countrywide's Full Spectrum

Lending Division, correct?

A. Yes.

Q. Do you recall contacting Countrywide for

this sort of refinancing?


Q. Would anyone have contacted them on your

behalf?

A. No.

Q. Do you recall receiving this letter?

A. It looks familiar, but I don't remember.

Q. Did you choose to refinance with these

terms of the letter?



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A. No.

Q. And the letter offers a 30-year fixed rate

at 7.375 percent with 3.25 points and a one-year

prepayment penalty, correct?

A. Yes.

Q. Why did you choose not to refinance with

these terms?

A. I believe the interest rate was too high

and the points were too much.

Q. Meaning you felt you could not afford --

A. Correct.

Q. -- this refinance? Did you seek

refinancing with any other lenders?

A. I'm not sure. I don't remember.

Q. Any reason to believe that you did seek

financing with other lenders?

A. I may have at some point, but I'm not sure.

Q. Do you recall which lenders you may have

sought financing with?

A. No.

Q. Would anyone have done so on your behalf?

A. No.

Q. After you decided not to refinance with

these terms, did you seek a modification?



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A. At one point they said that they were going

to, but it never came.

Q. So you never received the modification?

A. At one point they said that they were going

to send one that was closer to what I was looking

for, and I never received anything in the mail from

them.

Q. What time frame was that?

A. I don't remember the dates.

Q. Do you recall whether it was before or

after 2008?

A. It was after 2008.

Q. So in 2008 you reinstated your loan,

correct?

A. Yes.

Q. Do you recall how you did so?

A. Yes.

Q. How did you do so?

A. I cashed in my 401(k).

Q. And this brought your loan current,

correct?

A. Yeah.

Q. It didn't modify the terms of the loan,

correct?



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A. Yes, it did not.

Q. After that payment of approximately

$34,000, correct?

A. Yes.

Q. The foreclosure proceedings were canceled,

correct?

A. Yes.

Q. Did you continue making your payments after

reinstating the loan in April 2008?


Q. Do you recall making any payments between

April 2008 and August 2008?


Q. You claim that Countrywide told you in

November 2008 that the interest rate would change to

6.99 percent; is that correct?

A. I believe so.

Q. Who told you that?

A. I don't remember. Someone on the phone.

Q. Did you ever receive any documents

indicating that the interest rate would change?

A. No.

Q. And you never received any permanent

modification offer indicating a 6.99 percent



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order to apply for it?

A. Yes.

Q. Do you recall when you sent in those

documents?

A. Several times. I don't recall when, but

more than once I sent the same types of documents.

Q. And I assume they were bank statements, tax

returns, financial information?

A. Yeah, yes. Pay stubs.

MS. BENSON: I'd like to mark as Exhibit

17 a notice of intention to foreclose dated

September 14, 2009.

(Marked, Exhibit 17, notice of intention

to foreclose.)

A. Okay.

Q. This is a notice of intention to foreclose

sent to you by Bank of America, correct?

A. Yes.

Q. And it informed you that you could cure

your default under the mortgage loan, correct?

A. Yes.

Q. Did you choose to cure your default?

A. Oh, no, I did not.

Q. Was this because you couldn't afford the


Matt v HSBC Affidavit_Ex_1

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