By Lane Houk
November 11, 2010
It took an Act of Congress to finally get a copy of my own deposition. Go figure… I was retained by an attorney and client in a New Jersey case to conduct a securitization analysis and investigation on this case and then quantify my opinion in an Affidavit. The Affidavit was filed in the instant case and the judge relied on my Affidavit in his ruling on the Plaintiff’s Motion for Summary Judgment – which he denied after carefully considering my opinion in the Affidavit.
The case was set for trial and the Plaintiff, Deutsche Bank National Trust Company (DBNTC) as Trustee For Argent Securities Inc. Series 2004-PW1, wanted to depose me, presumably, to get an idea of what they were going to have to deal with at trial in my testimony.
Here is the 62-Page Deposition taken by DBNTC and their attorney on September 17, 2010 in New York.
Here is the Affidavit filed in the instant case.
Mind you, this work was done by me back in early 2010. I have advanced considerably in my analyses and how I structure my Affidavits now versus how I used to structure them – with the gracious help of some of the attorneys I work with on a regular basis.
Here is a much more recent live sample of an Affidavit of Expert Opinion with all Exhibits recently filed in a Duval County, Jacksonville, FL case. One thing for sure… this work and the affidavit filed in a foreclosure case is successful almost 100% of the time in defeating summary judgment and getting to trial and advanced discovery phases. It also sets up a deposition(s) of corporate reps very nicely. There are so many issues of fact presented in my affidavits that a judge is going to have go rogue in a major way to still grant summary judgment.