James P. Laurick, OSB # 82153 

jlaurick@kilmerlaw.com 

Kilmer, Voorhees & Laurick, P.C. 

732N.W.19thAvenue 

Portland, Oregon 97209 

Telephone: 503/224-0055 

Facsimile: 503/222-5290 

Attorneys for Defendants Nationstar Mortgage 

LLC and Federal National Mortgage Association 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

AMY NGUYEN, 

Plaintiffs, 

v. 

FEDERAL HOME LOAN MORTGAGE 

CORPORATION a.k.a. FREDDIE MAC, 

NATIONSTAR MORTGAGE LLC, 

CYPREXX SERVICES LLC, 

Defendants. 

I, Fay Janati, declare as follows: 

Case No. 3:16-cv-00316-AC 

DEFENDANTS NATIONSTAR 

MORTGAGE LLC AND FEDERAL 

HOME LOAN MORTGAGE 

CORPORATION a.k.a FREDDIE MAC'S 

DECLARATION IN SUPPORT OF 

MOTION FOR SUMMARY JUDGMENT 

1. I make this declaration in support of Defendants Nationstar Mortgage LLC 

("Nationstar") and Federal Home Loan Mortgage Corporation a.k.a. Freddie Mac's (collectively 

"Defendants") Motion for Summary Judgment in the above-captioned matter filed by Plaintiff 

Amy Nguyen ("Plaintiff'). The information contained in this declaration is true and correct to 

the best of my personal knowledge, information and belief, and if called to testify regarding the 

Case 3:16-cv-00316-AC Document 66 Filed 11/26/18 Page 1 of 4
prepared by Nationstar in the regular course of Nationstar's business, and it was Nationstar's 

regular course of business to keep such records. These documents are trustworthy based on the 

source of information and method of preparation, and all copies attached as exhibits are true 

copies of the records as they are kept as the place of business. 

5. On or about July 25, 2006, Plaintiff Amy Nguyen ("Plaintiff') executed an Interest 

First Adjustable Rate Note ("Promissory Note") with Taylor, Bean & Whittaker Mortgage Corp. 

memorializing Plaintiffs financing of the real property located at 1813 SW Willowview Terrace, 

Aloha, OR 97006 (the "Property"). A true and correct copy of the Promissory Note is attached 

hereto as Exhibit 1. 

6. The Promissory Note was secured by a Deed of Trust ("DOT") recorded on July 

28, 2006 as Document no. 2006-090242 in the Official Records in the Office of the Recorder of 

Washington County, Oregon. A true and correct copy of the DOT (collectively referred to herein 

as the "Loan") is attached hereto as Exhibit 2. 

7. On or about August 12, 2009, Saxon Mortgage Services, Inc. began servicing 

Plaintiffs Loan. Attached hereto at Exhibit 3 is a true and correct copy of the August 14, 2009 

correspondence from Saxon Mortgage Services, Inc. advising Plaintiff of the transfer of servicing 

rights to Saxon Mortgage Services, Inc. 

8. Attached hereto as Exhibit 4 is a true and correct copy of the payment history for 

Plaintiffs Loan account from August 14, 2009 to April 30, 2012 during which time Saxon 

Mortgage Services, Inc. serviced Plaintiffs Loan. 

9. In October 2011, Plaintiff and Saxon Mortgage Services, Inc. executed a settlement 

agreement and release ("Settlement Agreement") in order to resolve the litigation known as Amy 

Nguyen v. Saxon Mortgage Services, Inc., et al., case no. 3:201-cv-033-HZ in the United States 

Case 3:16-cv-00316-AC Document 66 Filed 11/26/18 Page 2 of 4
District Court for the District of Oregon. A true and correct copy of the Settlement Agreement and 

Release dated October 2011 is attached hereto as Exhibit 5. 

10. A formal repayment plan (“Formal Repayment Plan”) was drafted and executed by 

Plaintiff so as to reflect the terms of the Settlement Agreement. A true and correct copy of the 

Formal Repayment Plan dated September 27, 2011 is attached hereto as Exhibit 6. 

11. On or about April 16, 2012, Ocwen Loan Servicing, LLC began servicing Plaintiff’s 

Loan. Attached hereto at Exhibit 7 is a true and correct copy of the March 27, 2012 

correspondence from Saxon Mortgage Services, Inc. advising Plaintiff of the transfer of servicing 

rights to Ocwen Loan Servicing, LLC. 

12. Attached hereto as Exhibit 8 is a true and correct copy of the loan transaction history 

for Plaintiff’s Loan account from March 4, 2012 to July 9, 2013 during which time Ocwen Loan 

Servicing, LLC serviced Plaintiff’s Loan. 

13. Nationstar began servicing the Loan on or about May 16, 2013. Attached hereto at 

Exhibit 9 is a true and correct copy of the May 1, 2013 correspondence from Ocwen Loan 

Servicing, LLC advising Plaintiff of the transfer of servicing rights. 

14. Attached hereto as Exhibit 10 is a true and correct copy of the detail transaction 

history for Plaintiff’s Loan account as of May 21, 2013 for the time Nationstar serviced Plaintiff’s 

Loan. 

15. When Nationstar took over servicing the Loan in May 15, 2013 the Loan was in 

default. Attached hereto as Exhibit 11 is a true and correct copy of the August 1, 2014 

correspondence from Nationstar advising Plaintiff that she has not made a payment since December 

1, 2012 and that the overdue amount then due on the Loan was $27,447.30. 

Case 3:16-cv-00316-AC Document 66 Filed 11/26/18 Page 3 of 4
16. During the time of servicing Plaintiffs Loan, the mailing address for sending 

Notice of Error/Information Requests/ Qualified Written Requests ("QWR") was P.O. Box 

630348, Irving, TX 75063. Attached hereto as Exhibit 12 is a true and correct copy of the 

September 19, 2014 Mortgage Loan Statement that Nationstar provided to Plaintiff. Attached 

hereto as Exhibit 13 is a true and correct copy of the January 21, 2015 Mortgage Loan Statement 

that Nationstar provided to Plaintiff. The applicable mailing address Nationstar provided to 

Plaintiff for purposes of submitting QWRs is indicated on the aforementioned loan statements. 

I declare under penalty of perjury under the laws of the United States of America and the laws of 

the State of Oregon that the foregoing is true and correct. Dated this_ day ofNovember, 2018, 

at Coppell, Texas. 

Title: Senior Assistant Secretary of Litigation Support and Resolution Analyst 

,,,m,,, ~iif~f.uJ'";, LASHUNDA L. CARTER ff:< . ..A;·':~ENotary Public, State of Texas 

~'!\',,~_,0: C ~?..:,, .. :,,:a.,> omm. Expires 02-21-2022 ,;~· OF 'f<-:,, 

''"""''' Notary ID 129699370 

!Jc> L/2018 

( I /-

Lashunda L. Carter 

Case 3:16-cv-00316-AC Document 66 Filed 11/26/18 Page 4 of 4