Hearing Set on Bank’s Foreclosure Confidentiality Request

Mortgage lender Deutsche Bank National Trust Co. wants a judge to seal all pleadings and exhibits about a disputed document in a foreclosure case after a bank attorney was accused of coaching unqualified witnesses.

The lender’s attorneys filed a motion asking St. Lucie Circuit Judge William Roby to determine the confidentiality of court records in its case against homeowners Thomas and Jeanette Rolle, who have skipped 95 payments on a $90,000 mortgage.

At a hearing set Tuesday in Fort Pierce, the lender will ask for confidentiality while the court determines whether defense attorney Thomas Ice improperly released an email from an attorney for the Rolles’ mortgage servicer to the Daily Business Review.

The DBR reported May 19 that former Quintairos Prieto Wood & Boyer attorney Erin Prete provided an extensive script to “robo-witnesses” to meet legal hurdles for keeping a foreclosure case alive. Ice of Ice Legal in Royal Palm Beach mistakenly received the question-and-answer sequence from Prete during discovery in 2013.

He pointed out the errant email to the plaintiff’s side but received no claim of privilege at the time.

“The information proposed to be sealed relates to certain privileged documents inadvertently produced in litigation, which are subject to protection under Florida law,” attorney Owen Sokolof of Clarfield Okon Salomone & Pincus in Tampa wrote in the June 3 motion.

Sokolof also asked Roby to remove Ice from the case.

Ice caused a ruckus when he alleged Prete, representing mortgage servicer Atlanta-based Ocwen Financial Corp., improperly spoon-fed the information to witnesses set to testify in foreclosure cases against Florida homeowners.

Ice alleged the script was used to coach Ocwen witnesses with no first-hand knowledge of mortgage details and help them crush homeowner defenses.

Ocwen took over servicing the Rolle mortgage in 2013 and initially was represented by Quintairos Prieto. Prete’s email outlined litigation tactics in emails to colleagues addressing foreclosure defenses and strategies for debunking them.

In one email thread, she provided a list of questions focused on default notices sent to homeowners to begin the foreclosure process. Prete also provided answers and a witness preparation form, which Ice said “provides all the documents that will be exhibits at trial to the witness.”

Mortgage lender Deutsche Bank National Trust Co. wants a judge to seal all pleadings and exhibits about a disputed document in a foreclosure case after a bank attorney was accused of coaching unqualified witnesses.

The lender’s attorneys filed a motion asking St. Lucie Circuit Judge William Roby to determine the confidentiality of court records in its case against homeowners Thomas and Jeanette Rolle, who have skipped 95 payments on a $90,000 mortgage.

At a hearing set Tuesday in Fort Pierce, the lender will ask for confidentiality while the court determines whether defense attorney Thomas Ice improperly released an email from an attorney for the Rolles’ mortgage servicer to the Daily Business Review.

The DBR reported May 19 that former Quintairos Prieto Wood & Boyer attorney Erin Prete provided an extensive script to “robo-witnesses” to meet legal hurdles for keeping a foreclosure case alive. Ice of Ice Legal in Royal Palm Beach mistakenly received the question-and-answer sequence from Prete during discovery in 2013.

He pointed out the errant email to the plaintiff’s side but received no claim of privilege at the time.

“The information proposed to be sealed relates to certain privileged documents inadvertently produced in litigation, which are subject to protection under Florida law,” attorney Owen Sokolof of Clarfield Okon Salomone & Pincus in Tampa wrote in the June 3 motion.

Sokolof also asked Roby to remove Ice from the case.

Ice caused a ruckus when he alleged Prete, representing mortgage servicer Atlanta-based Ocwen Financial Corp., improperly spoon-fed the information to witnesses set to testify in foreclosure cases against Florida homeowners.

Ice alleged the script was used to coach Ocwen witnesses with no first-hand knowledge of mortgage details and help them crush homeowner defenses.

Ocwen took over servicing the Rolle mortgage in 2013 and initially was represented by Quintairos Prieto. Prete’s email outlined litigation tactics in emails to colleagues addressing foreclosure defenses and strategies for debunking them.

In one email thread, she provided a list of questions focused on default notices sent to homeowners to begin the foreclosure process. Prete also provided answers and a witness preparation form, which Ice said “provides all the documents that will be exhibits at trial to the witness.”

Read more: http://www.dailybusinessreview.com/id=1202728678091/Hearing-Set-on-Banks-Foreclosure-Confidentiality-Request#ixzz3cWkki4zI

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