1072 Ash Drive
Bastrop, TX 78602
In the united States District court
Southern District of Claifornia
Brian & Alicia Brown
JP MORGAN CHASE BANK, NA
Case # ___________________
Expert Declaration of randall Smith
Certified Mail #: _____ _____ _____ _____
Comes now Brian & Alicia Brown hereinafter referred to as “Plaintiff,” and moves the court for relief as follows:
Randall Smith deposes and states unsworn under penalty of perjury as follows:
I am over the age of 18 years and qualified to make this affidavit. I have no direct or indirect interest in the outcome of the case at bar for which I am offering my observations, analysis, opinions and testimony. My area of expertise which is offered in the case at bar is based upon my knowledge, training and experience in the field of Financial mortgage analysis, I also rely upon current and recent contacts in the investment banking industry, including intermediary conduits, underwriters of issued and reissued securities that were sold to investors in the form of mortgage-backed securities.
I also have legal knowledge, training and experience including areas of law and litigation, real estate property law and litigation, and the Internal Revenue Code as applicable to REMICs and the uniform commercial code.
Further, I have knowledge, training and experiences in the actual practices prevalent during the period of 2001 to 2012 concerning the securitization of residential home mortgage loans, the accumulation and availability of investment dollars, and the representations and assumptions used in the sale of mortgage-backed securities to investors. In addition, I have specific knowledge, training and experience in the review of hundreds of mortgage closing documents as well as the requirements of the Federal Truth in Lending Act, the Federal Real Estate Settlement and Procedures Act and other consumer protection statutes, common law, rules, and regulations from federal and state agencies regarding predatory lending practices, and customary practices in the closing of real estate transactions. All factual testimony or statements made in this declaration are true and correct to the best of my knowledge and belief. All opinions stated herein are based upon a reasonable degree of probability or a high likelihood of probability. I have no direct or indirect interest in the outcome of the case at bar for which I am offering my observations, analysis, opinions and testimony. I have been asked to render opinions pertaining to the closing of a purported loan transaction between Brian & Alicia Brown and an entity named in the closing papers as “JP MORGAN CHASE BANK, NA.” Each of the documents, web sites, and other materials which are in my possession by virtue of having done similar reviews and analysis on numerous other transactions, some of which involve the same parties as in the instant litigation, are of the type that experts in my field would customarily rely upon in forming opinions and inferences.
We performed an analysis of the paperwork provided by the Plaintiff in the instant case. The analysis was performed on Monday, January 30, 2012 . In performing the financial portion of the analysis we first compare the Truth in Lending Statement to the note. We have a program that will amortize the note based on the principal and interest stated on the face of the note. We, thereby, determine what monthly payment amount would be necessary to pay off the stated principal at the stated interest rate over the term of the note. In the instant case, the stated interest is 4.122%, and the principal is $455000, amortized over 30 years yields a monthly payment amount of $2,204.36 . We then ran a similar amortization on the values contained in the Truth in Lending Statement. The same comparison as above…