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Monday, December 1, 2008

Tuesday, December 02 2008 09:09 Written by  Staff
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Cross Examination of Witness Kerrie Jordan

Attorney Vanessa Reible (Miller) detailed the second mortgage held by F. Jeffrey Miller in the Jordan purchase. Terms: Amount: $36,000 @ 8% with a clause discounting the amount by 50% if refinanced and paid early.

After Jordan agreed to withdraw the Attorney General complaint, Miller and Vanetta offered to reduce the 2nd mortgage from $36,000 to $18,000 with the interest rate of 1.9%.

Jordan was asked about a letter from her attorney to the Miller attorney, Pete Smith. Jordan's attorney asked Mr. Smith to forgive the 2nd mortgage altogether. Mr. Smith countered by offering to rescind the purchase of the home altogether, not just the second mortgage alone. When asked if the Jordans accepted this offer, Ms. Jordan replied, 'No'. Per Ms. Joran, the Jordans still wanted the home, but not under the terms offered by Miller.

Cross Examination by Attorney Rork (Vanatta):

After 45 minutes of cross examination of the witness and no new information, Judge Robinson asked Attorney Rork to approach the bench. Judge Robinson admonishes attorney Rork to 'wrap this up' and to 'move things along'.

Court was recessed for its afternoon break. Before doing so, Judge Robinson asked Rork how much longer he would be. The reply was 15 minutes. However, when court reconvened, Mr. Rork did not have exhibits organized and court was recessed again. Mr. Rork mutters and talks to himself, as he walks around the courtroom.

New Witness called by the US: Edward Hyne

Mr. Hyne is the Custodian of Records and Litigation Analyst for Metropolitan Life. MetLife is the new owner of subsidiary First Horizon Mortgage Loan Company, which underwrote the Jordan mortgage. Mr. Hyne testified that First Horizon relies on the accuracy of loan application information provided by borrowers, to adequately assess borrower credit worthiness. Hyne is questioned as to whether the inaccuracies on the Jordan loan application, would be of concern to a federally insured lending institution. Hyne testifies that 'yes', they would be.

Cross Examination by Attorney Bradshaw (Miller):

After a 15 minute direct examination by the US, Mr. Bradshaw questioned witness Hyne about mortgage backed securities and sub-prime lending. After the US objected that this was outside the scope of their cross examination, Judge Robinson asked Bradshaw how long would his cross examination of this witness be? Bradshaw responded, '2 hours'.

The day ended with the attorney's agreeing to convene at 8:30 am and attempt to agree to a stipulation agreement involving this witness.

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Rachel Dollar Rachel Dollar, the editor of Mortgage Fraud Blog is an attorney and Certified Mortgage Banker who handles litigation for lending institutions and secondary market investors.
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