Opteum Financial Services, LLC v. Kolbe

Full title: OPTEUM FINANCIAL SERVICES, LLC f/k/a HOME STAR MORTGAGE SERVICES, LLC and…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: Sep 30, 2011

CASE NO. 8:03-CV-355-T-17TBM (M.D. Fla. Sep. 30, 2011)

Opinion

CASE NO. 8:03-CV-355-T-17TBM.

September 30, 2011

ORDER

ELIZABETH KOVACHEVICH, District Judge

This cause is before the Court on:

Dkt. 249 Motion to Reconsider Order of Motion For Summary Judgment And, Alternatively, To Amend Final Judgment Dkt. 250 Joinder — Kirk McVey Dkt. 251 Notice of Adopting Motion — Aaron Kolbe Dkt. 254 Joinder — Kelly L. Abercrombie Dkt. 255 Declaration of Peter R. Norden in Opposition Dkt. 256 Joinder — Mary E. Bolan The Court entered the following Order on Motions for Summary Judgment: Dkt. 241 Order granting in part and denying in part Motion for Summary Judgment (Dkt. 178) (Todd A. Kolbe, Kirk McVey, Amy Samelson, Aaron Kolbe, Kelly Abercrombie, Mary Bolan and Kolbe Construction Services, Inc.); The Clerk of Court entered a final judgment in favor of Opteum Financial Services, LLC against Kolbe Construction Services, Aaron Kolbe, Amy Samelson, Kelly L. Abercrombie, Kirk McVey, Mary E. Bolan and Todd A. Kolbe in the amount of $3,997,406.97 (Dkt. 245).

Pursuant to Rule 59(e), Defendant Todd A. Kolbe and other Defendants move to reconsider the Order of Motion for Summary Judgment, or to Amend the Final Judgment. Defendants argue that the amount of the final judgment should be reduced by monies received from the sale of the properties, settlement payments ($1,657,335.01), restitution payments ($7,500.00) and any other money Plaintiff received for the loans. Defendants move to reduce the award for damages to $77,413.19.

Plaintiff Opteum Financial Services, Inc. ("Opteum") responds that Defendants' assertions as to monies received by Plaintiff are inaccurate. Plaintiff contends that Opteum secured a settlement in a separate case against United General Title Insurance Company in the amount of $1,250,000, in connection with the fraud of Team Title and Taya Parodo, and that Plaintiff's litigation fees in that case were substantial.

Plaintiff argues that Plaintiff made no profit on the foreclosure sales of the properties at issue and in fact sustained losses. Plaintiff further argues that Opteum was obligated to "make whole" Fannie Mae and other secondary market investors to whom it had sold Defendants' fraudulent mortgages, and sustained losses in that regard. Plaintiff contends that the Court's judgment should not be reduced on this basis.

Plaintiff denies that Plaintiff has received any money in the form of restitution pursuant to the criminal judgments imposed on Defendants, based on the letter of the Clerk Of August 22, 2010.

Plaintiff argues that Opteum did not receive any profits on Defendants' sale of the properties at issue for closing costs, fee, points, interest or for any other reason.

As to the merger with Bimini Mortgage Management, Plaintiff asserts that Opteum bore the substantial costs of litigating this case, which was the reason that the ultimate recovery and the attorney's fees and other costs and expenses were "carved out" of the merger and made the responsibility of Opteum.

I. Standard of Review

"The only grounds for granting [a Rule 59] motion are newly-discovered evidence or manifest errors of law or fact." In re Kellogg, 197 F.3d 1116, 1119 (11th Cir. 1999). "[A] Rule 59(e) motion [cannot be used] to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment." Michael Linet, Inc. v. Village of Wellington, Fla., 408 F.3d 757, 763 (11th Cir. 2005).

II. Discussion

In Plaintiff's Motion for Summary Judgment, Plaintiff Opteum argued:

"In reliance upon those representations, Home Star extended a mortgage loan in the amount of approximately eighty percent of the B-side purchase price. The aggregate amount Home Star advanced to the Defendants in reliance upon the misrepresentations was $6,168,450.00. Although the Plaintiffs have recouped some of their losses through the foreclosure of several of the mortgages and subsequent sales of the properties, Home Star's losses total $3,997,406.97.

Plaintiff Opteum requested the entry of judgment in favor of Opteum in the amount of $3,997,406.97. The Court noted that evidentiary hearings were conducted in the criminal cases, and the judicial officers presiding in those cases determined that Defendants' acts within the scope of the conspiracy caused Plaintiff's losses. The Court relied on the factual basis of the plea agreements, as well as other record evidence, and granted Plaintiff's Motion for Summary Judgment as to the fraud claims, Count VI and Count X, as to Defendants Todd A. Kolbe, Kirk McVey, Amy Samelson, Mary Bolan and Kelly Abercrombie.

In the Order which granted summary judgment in favor of Plaintiff (Dkt. 241) for the fraud claims, the Court noted that "some funds have been recovered by way of settlement." The Court directed the entry of a final judgment in the amount of $3,997,406.97. The Court directed that "the parties shall confer and attempt to reach a stipulation" prior to filing any motion to amend the final judgment to account for funds recovered by Plaintiff.

A. Settlement — Taya Parodo and Team Title

Defendants Team Title Services, Inc. and Taya Parodo filed a Notice of Settlement (Dkt. 176), which indicated an amicable settlement, and which sought the dismissal of Defendants Team Title and Parodo from this case. Defendants Team Title and Parodo are not included in the final judgment (Dkt. 241).

The Court entered an endorsed order granting dismissal of Defendants Parodo and Team Title, subject to the right to reopen the case as to those Defendants within sixty days (Dkt. 177) on May 11, 2005.

The Court does not know what the terms of the settlement agreement between Plaintiff Opteum and Defendant Parodo and Team Title include. No motion to reopen was filed within sixty days of the dismissal of Defendants Parodo and Team Title.

The Court takes judicial notice that Plaintiff Opteum filed Case No. 8:05-CV-1133-T-27TGW, Opteum Financial Services, LLC v. United General Title Insurance Company, on June 17, 2005. Plaintiff Opteum sought recovery from United General Title Insurance Company based on Team Title's actions as title, closing and escrow agent in twenty-five real estate "flip" transactions. Plaintiff Opteum alleged that it lost more than $4.1 million as a direct and proximate result of United General's licensed title agency disbursing funds from the real estate closings, against Opteum's instructions, to fund secret "A-side" transactions and to participants in the flip schemes. Plaintiff Opteum sought the award of damages, expected to exceed $4.1 million, consequential damages, and interest as allowed by law (Dkt. 1).

Case No. 8:05-CV-1133-T-27TGW was dismissed without prejudice on February 27, 2007 (Dkt. 41), subject to the right of the parties to submit a stipulated form of final order or judgment, or for any party to move to reopen the action for good cause shown, within sixty days. After sixty days, dismissal was with prejudice. On April 4, 2007, the parties filed a "Stipulation of Discontinuance and Dismissal with Prejudice" in which the parties stipulated to the dismissal of the action with prejudice, and with each party to bear its own attorney fees and costs. (Dkt. 42). The Court dismissed the case with prejudice in an Order dated April 6, 2007. (Dkt. 43).

B. Restitution

The Court also takes judicial notice of the entry of final judgments in Case No. 8:04-CR-CR-486-T-23MAP, USA v. Todd A. Kolbe, Kirk McVey, Amy Samelson, and in Case No. 8:05-CR-342-T-24TGW, USA v. Kelly Abercrombie, Todd Kerber, Taya Parodo, Mary Bolan:

Case No. 8:04-CR-486-T-23MAP Dkt. 117 Kirk McVey Restitution of $747,147.53, joint and several with co-defendants Todd A. Kolbe, Amy Samelson, and Kelly Abercrombie, Taya Parodo Mary Bolan in Case No. 8:05-CR-342-T-24TGW Dkt. 120 Todd A. Kolbe Restitution of $2,030,095.47 Payee: AmSouth Bank — $248,076.00 Payee: Home Star — $1,782,019.47, joint and several with Kirk McVey and Amy Samelson, up to amounts imposed on those Defendants, and with Kelly Abercrombie, Taya Parodo, Mary Bolan in Case No. 8:05-CR-342-T-24TGW Dkt. 121 Amy Samelson Restitution of $488,636.10, joint and several with Todd A. Kolbe, Kirk McVey, Kelly Kelly Abercrombie, Taya Parodo, Mary Bolan Case No. 8:05-CR-342-T-24TGW Dkt. 121 Mary Bolan Restitution of $1,782,019.47, payable joint and several with Co-defendants in Case No. 8:05-CR-342-T-24TGW and in Case No. 8:04-CR- 486-T-23MAP "Defendant shall receive credit for any payments made directly to and received by Home Star in the civil suit." Dkt. 129 Taya Parodo Restitution of $1,782,019.47, joint and several with Co-defendants in Case No. 8:05-CR-342-T-24TGW and in Case No. 8:04-CR- 486-T-23MAP "Defendant shall receive credit for any payments made directly to and received by Home Star in the civil suit." Dkt. 138 Kelly Abercrombie Restitution of $1,782,019.47, joint and several with Co-defendants in Case No. 8:05-CR-342-T-24TGW and in Case No. 8:04-CR-486-T-23MAP "In Trust for Opteum Financial Services, Inc. and its successors and assigns and/or future owners Defendant shall receive credit for any payments made directly to and received by Home Star in the civil suit." The Court notes that a Notice of Dismissal was entered in Case No. 8:05-CR-342-T-24TGW as to Defendant Todd Kerber (Dkt. 96).

18 U.S.C. Sec. 3664(j) provides:

(2) Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim in —

(A) any Federal civil proceeding; and

(B) any State civil proceeding, to the extent provided by the laws of the State.

18 U.S.C. Sec. 3664(1) provides:

A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim.

Restitution only includes an amount of loss which the Court determines is the actual loss directly and proximately caused by the offense of conviction. Restitution does not include all amounts which may be included in compensatory damages.

The victim of a crime is not entitled to a double recovery for the amount of loss on which a criminal sentence and a civil judgment is based. The applicable statute provides any restitution amount included in a criminal sentence shall be reduced by any amount later recovered in a Federal civil case. The Court should therefore enter a civil judgment which includes all compensatory damages to which Plaintiff is entitled, based on the undisputed evidence in this case.

The Court may rely on collateral estoppel to preclude a defendant from relitigating common factual issues between a criminal case to which the defendant has entered a guilty plea and a later civil case. In re Raiford, 695 F.2d 521 (11^th Cir. 1983). In U.S. v. Hairston, 888 F.2d 1349 (11^th Cir. 1989), a case in which the defendant was subject to the Victim and Witness Protection Act, 18 U.S.C. Secs. 3579, 3580 ("VWPA"), the Eleventh Circuit declined to adopt a rigid rule requiring district courts to make findings of fact when imposing an order of restitution under the VWPA, as long as the record includes an adequate basis for review. Where the sentencing judge does not make a factual finding as to the amount of the loss, the Court could not apply collateral estoppel to the restitution award. See U.S. v. Barnette, 10 F.3d 1563 (11^th Cir. 1994). What issues were actually litigated in the criminal proceeding is a factual question which must be determined on a case-by-case basis. U.S. v. Satterfield, 743 F2d 827 (11^th Cir. 1984).

Plaintiff filed a wealth of evidence to support the amount of loss requested in Plaintiff's Motion for Summary Judgment. (Dkt. 179, paper copy of voluminous exhibit filed, 2 boxes). The Court is attaching a copy of the schedule of losses related to the flipped properties, and the exhibit list for Plaintiff's Motion. The Court will file copies of the plea agreements separately.

Plaintiff has argued that there are additional losses associated with the flipped properties, such as losses involved where Plaintiff sold the fraudulent mortgages on the secondary market. Those losses were not included in the documentation provided in support of Plaintiff's Motion for Summary Judgment, and have not been considered.

It is unclear to the Court whether Plaintiffs intend to seek attorney's fees and costs in addition to the compensatory damages awarded in the judgment. If so, the Court would need to know the amount of attorney's fees and costs associated with this case, and with any other case in which Plaintiff obtained a recovery, in order to reach the total amount of losses. From the total amount, the Court would deduct any amounts received in settlement for the same conduct, to reach the amount of an amended final judgment.

After consideration, the Court grants the Motion for Reconsideration in part to the extent that the Court will allow Plaintiff thirty days to submit a schedule documenting any additional amounts to be considered in reaching a total amount of damages for this case, after which Defendants shall file a response within thirty days, and notifying the Court of all amounts recovered by way of settlement. The Court denies the Motion for Reconsideration as to credit for payments made in restitution, as the statute provides that it is the restitution award that is to be credited. The Court denies the Motion for Reconsideration as to monies received from the sale of the properties, which were included in Exhibit 202.

The Court previous entered a judgment on two Counts of the Complaint. The Court directs Plaintiff to notify the Court as to how Plaintiff intends to proceed on the remaining Counts of the Complaint by filing a response within fourteen days. Accordingly, it is

ORDERED that Defendants' Motion for Reconsideration (Dkt. 249) is granted in part and denied in part as set forth above. The Court will consider the final judgment further after Plaintiff's and Defendants' submissions. Plaintiff is directed to notify the Court as to the remaining Counts of the Complaint by filing a response within fourteen days.

DONE AND ORDERED in Chambers, in Tampa, Florida.

Exhibit List for Affidavit of David E. Siegwald in Support of Plaintiffs' Motion for Summary Judgment

^{th th th th th th th th} Exhibit 1 — Partial transcript of Todd Kolbe bankruptcy Deposition Dec 6, 2000 Exhibit 2 — 2000 Federal income tax return for Kolbe Construction Services (Form 1120S) Exhibits 3 and 4 — Loan applications for Sovereign Mortgage Company for Colony Meadows properties in Scott Kolbe's name Exhibit 5 — Settlement Statement — 5318 Colony Meadows Exhibit 5A — $10,949.72 check Exhibit 6 — Settlement Statement — 5310 Colony Meadows Exhibit 7 — $8968.99 check and note to Todd Kolbe Exhibits 8 9 — Settlement Statements Scott Kolbe Colony Meadows purchases Exhibit 10 — Not used Exhibit 11 — Documents (Contract, etc.) from real estate agent Tim Loveless Exhibit 12 — AIM Investments account statements and documents for Todd Kolbe account (# 5016065970) Exhibit 13 — AmSouth Bank Account Statement account for Kolbe Construction Services, Inc. Exhibit 14 — Scott Kolbe deposition transcript — February 16, 2004 Exhibit 15 — Scott Kolbe tax return for 2000 Exhibits 16 — Scott Kolbe tax return for 2001 Exhibit 17 — Scott Kolbe tax return for 2002 Exhibit 18 — Scott Kolbe tax return for 2003 Exhibit 19 — Settlement Statement and Mortgage — Abercrombie 759 Shadow Bay Way Exhibit 20 — $240,000 Abercrombie loan note and mortgage Exhibit 21 — Kolbe Memo to Lynn Robbins Exhibit 22 — Abercrombie loan application Shadow Bay Way Exhibit 23 — Title Insurance Commitment Shadow Bay Way Exhibit 24 — Not used Exhibit 25 — Karen Kolbe Deposition transcripts June 10, 2004 Exhibit 26A — Settlement Statements for 3 Bishops Court properties (#'s 33,60, and 76) Exhibit 26 — Samelson loan notes — 3 Bishops Court properties Exhibit 26B — Judgments of Foreclosures — 3 Bishops Court properties Exhibits 27-29 — Appraisals — 3 Bishops Court properties Exhibit 30 — A La Mode letter and customer information sheet Exhibit 31 — USPS form 1583 Exhibit 32 — AT T account information sheet Exhibit 32A — Certified Residential Appraiser licensee information sheet Exhibits 32B — 32D — Loan Applications for 3 Bishops Court Properties — Samelson Exhibit 32E — Earnings Statement for Samelson from Creative One Exhibit 33 — ADP letters and form W-2 Exhibit 34 — Amy Samelson Deposition transcripts Exhibit 35 — Memorandum of Telephone Conversation w/AIM Investments representative Exhibit 36 — Aim account statements — Amy Kolbe Exhibit 37 — Schwab Account Statement — Geoffrey Frazier Exhibit 38 — Frazier loan application dated December 10, 2000 Exhibit 39 — Settlement Statement — Abercrombie — 6250 Traylor Ave. Exhibit 39A — Abercrombie loan note Exhibit 39B — Appraisal — 6250 Traylor Ave — Robert Hillman, Preferred Appraisal Group Exhibit 40 — Settlement Statement — Aaron Kolbe — 772 Locklear Exhibit 40A — Aaron Kolbe Mortgage — April 19, 2001 Exhibit 40B — AIM Investment account (#5010424932 statement — Aaron Kolbe. Exhibit 40C — Loan application — Aaron Kolbe 772 Locklear (containing Bank of America account (#003737181464) balance of $105,000 info.) Exhibit 40 D — Hillman appraisal — 772 Locklear Exhibit 41 — Bank of America account Statement) #003737181464 Samelson Enterprises, Inc. Exhibit 42 — Settlement Statement — Shadow bay Way — Kerber Exhibit 43 — $500,000 loan note — Kerber Exhibit 44 — Preferred Appraisal Group/Hillman appraisal — 759 Shadow bay Way Exhibit 45 — AIM Investment account statements — Kerber Exhibit 46 — AIM Investment account statement — Kerber 2001 Exhibits 47 — 52 — Not used Exhibit 53 — Mary Bolan Deposition transcript — pages 1-7; 25-25; 41-47; 57-58; 85-88; 110-111; and 143-145 Exhibit 54 — Sale and Purchase Agreement — 8418 Idlewood Court Exhibit 55 — A message from Chris Bruns Exhibit 56 — Letter addressed to Lakewood from Home Star, signed with the name Kelly Abercrombie as Senior Loan Officer Exhibit 57 — Not used Exhibit 58 — Mark Hill affidavit and attachments Exhibit 59 — Sale and Purchase Agreement 8418 Idlewood — Lakewood to McVey Exhibit 60 — McVey handwritten loan application — 8418 Idlewood Exhibit 61 — Mcvey typed loan application — 8418 Idlewood Exhibit 62 — Verbal employment confirmation form Exhibit 63 — Earnings statement for McVey from Creative One Exhibit 64 — Form W-2 for 2000 — McVey. Exhibits 65 66 — Not used. Exhibit 67 — McVey Chapter 7 Bankruptcy Petition documents. Exhibits 68 69 — McVey Federal income tax forms 1040 — 1999 and 2000 Exhibit 70 — AIM Investments account statement — McVey # 3911940355 Exhibit 70A — 2000 Federal Income tax return (form 1120S) — Creative One, Inc. Exhibit 71 — Bank of America account statement — McVey — # 003730443769 with an ending balance of $269,575.24 — July 19, 2001 Exhibit 72 — Bank of America account statement — McVey and Kolbe- # 003730443769 with an ending balance of $73,060.04 — July 19, 2001 Exhibit 73 — McVey loan application — 8418 Idlewood Exhibit 74 — Records of the Sarasota County Property Appraiser's Office re: 3584 Golf Club Blvd. Exhibit 74A — Warranty Deed 3584 Sarasota Golf Club Blvd. — Jack McKissock and Lindy Smith to Todd Kolbe Exhibit 74B — Certificate of Title and a Special Warranty Deed 3584 Sarasota Golf Club Blvd from Kolbe to Chase Manhattan and from Chase Manhattan to Tim Loveless. Exhibit 75 — Counterfeit Hill appraisal — 8418 Idlewood Exhibit 76 — Underwriting Results dated August 8, 2001. Exhibit 77 — Underwriting Disposition Sheet — 8418 Idlewood. Exhibit 78 — Fax from Ingrid Wade to Ruby at Home Star Exhibit 79 — Memorandum of Interview — Celeste Gamma Exhibit 80 — Commitment for Title Insurance — Lot 5 Edgewater Village Exhibit 81 — Settlement Statement — 8418 Idlewood — Donald and Lorraine McCoy to Lakewood Partnership Exhibit 82 — Single Ledger Balance Report prepared by Team Title for the "A" side of the transaction — 8418 Idlewood Exhibit 83 — Team Title Single Ledger Balance Report for the "B" side — 8418 Idlewood Exhibits 84 — Home Star funding number request form, and loan note. Exhibit 85 — McVey Mortgage dated August 8, 2001 Exhibit 86 — $275,000 McVey loan note Exhibit 87 — Settlement 8418 Idlewood — Lakewood Partnership to Kirk McVey, for the price of $367,500. Exhibit 88 — Home Star funding check — $272,666.86 Exhibit 89 — McVey Deposition transcript dated February 16, 2004 Exhibit 89A — McVey Deposition dated March 29, 2005 Exhibit 90 — Todd Kolbe Deposition transcript dated February 20, 2004 Exhibit 90A — Kolbe Deposition transcript dated March 29, 2005 Exhibit 91 — Sale and Purchase Agreement — 4943 78 St.E to Lakewood Exhibit 92 — Contract Submittal Sheet — 4943 78 St.E Exhibit 93 — Samelson loan application — 4943 78 St.E Exhibit 94 — Samelson typed loan application — 4943 78 St.E Exhibit 95 — Schedule of Real Estate Exhibit 96 — Sale and Purchase Agreement — 4943 78 St. E — to Samelson Exhibit 97 — Home Star Mortgage Submission Form Exhibit 98 — Settlement Statement for 76 Bishop's Court Exhibit 99 — Settlement Statement for 60 Bishops Court Exhibit 100 — Underwriting Results dated October 31, 2001 Exhibit 101 — Residential lease dated May 1, 2001, landlord — Amy Samelson and tenant — Edward Wahrhect. Exhibits 102 — Lease for the 33 Bishops Court Lessors — Edward Wahrheit and Faith Skougar Exhibit 102A — Leasing agent's ledger 33 Bishops Court Exhibit 103 — Form 1099 for the year 2001 reflecting rental receipts paid for 76 Bishops Court Exhibit 104 — Form 1099 for the year 2001 reflecting rental receipts paid for 33 Bishops Court Exhibit 105 — Leasing agent's ledger 76 Bishops Court Exhibit 106 — Verbal employment confirmation Exhibit 107 — Earnings statement for the period ending 9/30/01 — Creative One — Amy Samelson Exhibit 108 — Form W-2 for the year 2000 for Amy Samelson Exhibit 109 — 2000 Federal Income Tax Return Form 1040 for Aaron and Amy Kolbe Exhibit 110 — 2000 Form W-2 and an earnings summary for Amy Kolbe from Creative One, Inc. Exhibit 111 — Counterfeit appraisal for 4943 78 Street East Exhibit 112 — Not used Exhibit 113 — Bank of America account statements for account #003737181464 — Samelson Enterprises Exhibits 114 115 — Bank of America account statements for the period ending August 31, 2001 and for the period ending September 30, 2001 Exhibit 116 — Notice to Closing Agent Exhibit 116A — Settlement Statement — 4943 78 St. E. Exhibits 117 — Samelson Mortgage Exhibit 118 — Samelson $240,000 loan Note Exhibit 119 — Settlement Statement — Maletich to Lakewood Exhibit 120 — Settlement Statement — Lakewood to Samelson Exhibit 121 — Single Ledger Balance Report for the "A" side 4943 78 St E Exhibit 122 — Single-Ledger Balance Report for the "B" side Exhibit 123 — Letter of Authorization to Disburse Funds signed by Todd Kolbe Exhibit 124 — Commitment for Title Insurance — Lot 167 Creekwood Exhibit 125 — Residential Sale and Purchase Contract — 4132 Dover Drive East to Lakewood Exhibit 126 — $1000 check to Team Title drawn on the Lakewood Properties, LLC, Petty Cash Account at the Bank of America. Exhibit 126A — Contract Submittal Sheet — 4132 Dover Exhibit 127 — Residential Sale and Purchase Contract — 4132 Dover Drive E to Aaron Kolbe from Lakewood Exhibit 128 — Aaron Kolbe handwritten loan application — 4132 Dover Drive E Exhibit 129 — Aaron Kolbe typed loan application — 4132 Dover Drive E Exhibit 130 — Four-page loan submission document — loan application date of October 25, 2001 Exhibit 131 — Commitment for Title Insurance Lot 43, block B Exhibit 131A — Settlement Statement 4132 Dover to Lakewood Exhibit 132 — Underwriting Findings dated 11/9/01 Exhibit 133 — AIM Investment Account Statement for the period from July 1, 2001 through September 28 — Aaron Kolbe Exhibits 134 135 — Earnings statements for the two-week periods ending October 15, 2001 and October 31, 2001 Exhibit 136 — Aaron Kolbe Bankruptcy Statement of Financial Affairs/Summary Schedules Exhibit 137 — 2001 Income Tax return, Form 1120-S for Kolbe Development Corporation (formerly known as Monarch Homes). Exhibit 138 — 2000 Form W-2 that — Aaron Kolbe Exhibit 139 — 2000 Income Tax Form 1120-S for Monarch Homes Exhibit 140 — Naomi Jones Memorandum of Interview Exhibit 141 — Not used Exhibit 142 — Settlement Statement 4132 Dover Dr E Lakewood Properties to Aaron Kolbe. Exhibit 143 — Notice to the Closing Agent- 4132 Dover Exhibit 144 — Aaron Kolbe Mortgage Exhibit 145 — Aaron Kolbe $275,000 note Exhibit 146 — Single Ledger Balance Report — Team Title for the "A" side — 4132 Dover Exhibit 147 — Single Ledger Balance Report — Team Title for the "B" side — 4132 Dover Exhibit 148 — $273,269.42 net funding check Exhibit 149 — Partnership Affidavit Exhibit 150 — Response to Plaintiffs First Set of Interrogatories to Defendant Aaron Kolbe Exhibit 151 — Aaron Kolbe Deposition transcript — June 11, 2004 Exhibit 152A — Contract for Sale of Real Estate — 11202 Parkside Place Mary Bolan to Todd Kerber Exhibit 152 — Kerber handwritten loan application (pgs. 1 and 3) 11202 Parkside Pl. Exhibit 153 — Kerber typed loan application — 11202 Parkside Pl. Exhibit 154 — Settlement Statement — 759 Shadow Bay Way — Abercrombie to Kusnetzky Exhibit 155 — 2 Team Title checks and 3 Kelly Abercrombie cashiers checks Exhibit 156 — $250,000 Abercrombie check Exhibits 157 — Two quarterly AIM statements — Todd A. Kerber Exhibit 158 — Lock-in Request form that is dated August 13, 2001 Exhibit 159 — Underwriting Findings dated August 27, 2001 Exhibit 160 — Commitment for Title Insurance for Lot 14 Block A-2 Exhibit 161 — Lease between Tony Leone and Mary Bolan Exhibit 162 — Settlement Statement — sale from NXCSS, LLC, to Todd Kerber for Parkside Place property Exhibit 163 — Kerber Mortgage Exhibit 164 — Kerber $275,000 Note Exhibit 165A — Warranty deed transferring 11202 Parkside Place from the Bolans to NXCSS Exhibit 165 — Team Title Single Ledger Balance Report from the "A" side — 11202 Parkside Place Exhibit 166 — Mary Bolan Partnership Affidavit for NXCSS, LLC. Exhibit 167 — Sale and Purchase Agreement 11202 Parkside Place from the Bolans to Kelly Abercrombie for a sale price of $179,900 Exhibit 168 — Team Title's Single Ledger Balance Report for the "B" side of Parkside Place transaction Exhibit 169 — $274,674.72 net funding check Exhibit 170 — Settlement Statement for the transaction from NXCSS to Todd Kerber Exhibit 171 — Kerber loan Note in the amount of $275,000 Exhibit 171 A — Abercrombie Deposition transcript March 3, 2005 Exhibit 171B — Kerber Deposition transcript March 3, 2005 Exhibit 172 — Schedule of the Home Star lease information. Exhibit 173 — Walter Rudy Memorandum of Interview Exhibit 174 — Walter Rudy Lease Exhibit 175 — John and Patty Forsyth Lease Exhibit 176 — Brad Lundstrum Lease Exhibit 177 — Brad Lundstrom Memorandum of Interview Exhibit 178 — Frank Scarpaci 1 Lease Exhibit 179 — Scarpaci Memorandum of Interview Exhibit 180 — Scarpaci $1500 check Exhibit 181 — Lamar and Nancy Wilkes Lease Exhibit 182 — Nancy Wilkes Memorandum of Interview Exhibit 183 — William Sterling Lease Exhibit 184 — Sterling Memorandum of Interview Exhibit 185 — Karen and Bill Fischer Lease Exhibit 186 — Richard Abernathy Lease Exhibit 187 — Abernathy $1500 check Exhibit 188 — Troy and Kellie Mussetter Lease Exhibit 189 — Mussetters' Memorandum of Interview. Exhibit 190 — Bonnie Quinn Lease Exhibit 191 — Koukouvas Lease Exhibit 192 — Carol Bishop Lease Exhibit 193 — Louis Greco Lease Exhibit 194 — Joseph and Mildred Dallape Lease Exhibit 195 — Mildred Dallape Memorandum of Interview Exhibit 196 — Walter and Chris Eiseley Lease Exhibit 197 — Chris Eisele Memorandum of Interview Exhibit 198 — Eisele Lease Exhibit 199 — Carol and Chris Landsberg Lease Exhibit 200 — Landsbergs' Memorandum of Interview Exhibit 201 — Money Flow Schedule Exhibit 202 — Home Star loss schedule (Foreclosure Summary) Exhibit 203 — Defenant (sic) Taya Parodo's Response to Plaintiff Home Star's Request For Admissions Exhibit