ons a we w 6 © @ 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT FOR BALTIMORE COUNTY, MARYLAND THOMAS P. DORE, ET AL., Plaintiffs CASE NUMBER 03-C-10-465 TODD G. WETZELBERGER, et al., Defendants August 11, 2010 REPORTER'S OFFICIAL TRANSCRIPT BEFORE THE HONORABLE JOHN J. NAGLE, III, ASSOCIATE JUDGE APPEARANCES : | ON BEHALF OF THE PLAINTIFF: Michael Pate, Esquire ON BEHALF OF THE DEFENDANT: Todd Wetzelberger, Pro Se REPORTED BY: BARBARA ZENTZ BALTIMORE COUNTY CIRCUIT COURTwoe wo Ne BED NRPEP HE BPP BE EB SE HE HIN ERS cb et tent ee m M eno t oottt tt PROCEEDINGS THE COURT: All right. I'm now going to call the case of Dore, et al v. Wetzelberger, et al. C 10-00465. Will the parties please come to trial table? MR. PATE: Good morning. My name is Mike Pate. I'm here on behalf of Mr. Dore. COURT: Spell your last name. PATE: Pate, PATE. COURT: You're here for? PATE: Substitute trustees. WETZELBERGER: Todd Wetzelberger. COURT: And you are representing yourself? WETZELBERGER: Yes. couRT: Who is with you? WETZELBERGER: Erin Wetzelberger. COURT: Good morning, everyone. BES EE RS EERE WETZELBERGER: Good morning. THE COURT: All right. T have received a whole stack of materials yesterday. MR. WETZELBERGER: I apologize for getting them to you so late. I tried to get them to you earlier. BALTIMORE COUNTY CIRCUIT COURTer wee NNNEP ee ee ee CEE PES CE ECaSReee vELERd THE COURT: I have not had time to really look through them, but what we're here for, as I understand it, isa Motion For Declaratory Judgment , vacate To Void Nonjudicial Foreclosure Sale Due To Prior Administrative Res Judicata Due To Fraud; correct? WR. WETZELBERGER: Correct. THE COURT: It's your motion. Everybody can have a seat. giz, do you want to be sworn in? Are you giving testimony or are you just going to argue your motion? MR. WETZELBERGER: Argue the motion. THE COURT: Let's swear him in please. He's a party to the case. TODD WETZELBERGER the Witness, after having been duly sworn according to law, was examined and testified as follows: ‘THE WITNESS: Todd Wetzelberger, W ETZELB ERGER, 1926 Wilson Point Road, Baltimore, Maryland 21220 THE COURT: Okay. Mr. Wetzelberger, you have filed your motion 7 foreclosure spect to what alleging certain things with respect to sale. What do you want to argue with «= you have filed? | | BALTIMORE COUNTY CIRCUIT COURTwon aan us 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WETZELBERGER: The first thing, Your Honor, is that -- I guess I can start backwards. Is that the plaintiff didn't have standing to bring the suit. There's ample public record evidence, and, once again, I should have gotten that copy to you sooner so you had time to read it. The substitute trustee has been noticed on multiple opportunities before this case was docketed that MsT Bank, who is the alleged holder, does not have the note. It's failure of consideration and basically brought a fraud upon the court. They were noticed on multiple opportunities. once again, this wasn't planned to do this at the last minute, but there's a case, and I've got a copy for both of you, if you would like it, out of Florida. That case from Florida just got decided about two months ago. It was M & T Bank. They tried three different times to bring a case in Florida. I know it doesn't control. THE COURT: That's what I was going to say. What do you have with respect to Maryland law? MR. WETZELBERGER: [t's not Maryland law, but if you'd allow me, M & T Bank thied two or three times. They said they were the holder. Then they said they were the signer and servicer. The judge dismissed the BALTIMORE COUNTY CIRCUIT COURTow Ao ew HH 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case with prejudice. What's really important is the case that was docketed here and alleged as a true and correct copy of the note is absent an endorsement. Yet in the '08 case, roughly about two years ago, a similar case was docketed with an endorsement. I don't know if it was blank M & T or what but it's missing. I understand negotiable instruments. I understand what's going on, and Christopher M. Zeis, who was in that fraudulent case in Florida -- MR. PATE: Object to this. THE COURT: Sustained. Please argue the case, sir. MR. WETZELBERGER: Christopher Zeis signed one of those assigned mortgages. MR. PATE: Objection. MR. WETZELBERGER: And that Christopher Zeis signed this note as true and correct. He was involved in this case as well. That was dismissed with prejudice. THE COURT: All right. I have seen the various notes that you say are not the same. What do you want to tell me about the substance of your argument? MR. WETZELBERGER: The substance? The BALTIMORE COUNTY CIRCUIT COURTow A He wd eR a2 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 plaintiff doesn't have standing. The plaintiff came into court with unclean hands. They brought this complaint knowing that M & T does not have any standing whatsoever. Qhis matter has been settled. Legal funds were tendered. Multiple opportunities have been given M & T to settle this case, and they have not, and we've got two different copies of the alleged original notes, and pursuant to the UCC -- I've got all of the codes. You can look. I demand to see the original. I have given them multiple opportunities outside of court to save the court's time to produce the original. They never have. We have got two different copies: One in the 108 case and in the '10 case. Two different copies. ‘hey want to say they were both true and original except they are counterfeits. They aren't the original. You've got a case in Florida with the exact game thing where the exact same bank got dismissed with prejudice. August 19th, a week from now, they're going to have an evidentiary hearing to determine sanctions. ‘THE COURT: You're talking about the Florida case? MR. WETZELBERGER + Yes. | BALTIMORE COUNTY CIRCUIT COURT2 Ret 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ‘HE COURT: I'm not interested in the Florida case. MR. WETZELBERGER: Well, I'm not sure if you are interested that Christopher Zeis is the same signature on this note claiming it's a true and correct copy. There he was the vice-president. MR. PATE: Objection. MR. WETZELBERGER: Here, he's -- MR. PATE: Objection. THR COURT: I'm not trying a Florida case. MR. WETZELBERGER: I understand but the Florida case has bearing and judicial notice that they came into court with unclean hands. Copies are inadmissible. Copies are inadmissible in a court, if T object to the copies, and I want to see the original, and I want to see the original. They have had multiple opportunities to produce the original prior to this case. They never did. They don't have the original. I can go through the Code. I don't want to take the time. I demand to see the original. They don't have those now, later or never. They are not going to produce the original. They entered the case two years ago with a copy of the note. They'll have you believe and me believe two different copies of the note are okay. BALTIMORE COUNTY CIRCUIT COURTwo ner wo eI Ao 10 12 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's not okay. It's fraud. I want to see the original, the original note and the original deed of trust. I gent them a RESPA request. It's federal law. They did not comply with the servicing agreement and the chain of custody of the note. None of that has been produced. They have had multiple opportunities to do that. Yet they still docketed a nonjudicial foreclosure and they're complicit in the crime. They have been warned multiple times. It's all public record. It's all in the exhibits. Once again, I apologize to you for getting it to you at the last minute. I want to give you time to read it. Obviously, you haven't. It's very important. It's clear. Personally, I know the Florida cage doesn't control, but the exact same circumstances occurred in that Florida case, which was just dismissed, and you have the same guy alleging in the affidavit under penalties of perjury it's true and correct except he was just the guy in the same case that was dismissed. He's not credible. He can't be relied on. You've got a case without an endorsement . Magically, if you understand endorsement of notes, where is it? They want you to believe it's two copies BALTIMORE COUNTY CIRCUIT COURT