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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Action No. 11-cr-00355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART

2. JOHN PHILLIP GALLEGOS

3. ALOIS CRAIG WEINGART

Defendants.

PARTIES’ JOINT MOTION UNDER FED. R. EVID. 702

Defendants John Gallegos, Waunita Weingart, and the government, through their 

undersigned counsel, hereby request a determination regarding the admissibility of 

opinion testimony from Plaintiff’s proposed expert, Dana Chamberlin, and from 

Defendant John Gallegos’ proposed expert, Robert Kullman. For further summary and 

bases for these experts, see the attached disclosures. [Exhibits A and B, respectively.]

I. Government’s Proposed Expert, Dana Chamberlin

OPINION #1

1. Opinions related to the loan dated 8/24/98 to Craig and Waun Weingart by 

Standard Financial Corp dba Standard Loans for $372,000. (This loan is 

designated as Loan Code S-2)

a. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code S-2; where a bank 

account is identified, funds from that account were used to make the 

payment:

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 1 of 186
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Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 10/28/98 $2,794.71 

2 12/3/98 $2,794.71 

3 12/28/98 $2,794.71 

4 2/3/99 $2,794.71 

5 2/25/99 $2,794.71 

6 4/5/99 $2,794.71 

7 4/30/99 $2,794.71 

8 5/31/99 $2,794.71 

9 7/2/99 $2,794.71 

10 8/4/99 $2,794.71 

11 8/20/99 $2,794.71 

12 10/5/99 $2,794.71 

13 11/3/99 $2,794.71 

14 12/13/99 $2,794.71 

15 12/31/99 $2,794.71 

16 2/4/00 $2,794.71 

17 3/7/00 $2,794.71 

18 4/6/00 $2,794.71 

19 5/9/00 $2,794.71 

20 6/7/00 $2,794.71 

21 7/3/00 $2,794.71 

22 8/8/00 $2,794.71 

23 8/23/00 $2,794.71 

24 9/7/00 $2,794.71 

25 10/3/00 $2,794.71 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 2 of 186
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Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

26 12/4/00 $2,794.71 

27 12/29/00 $2,794.71 

28 2/6/01 $2,794.71 

29 3/5/01 $2,794.71 

30 4/5/01 $2,794.71 

31 5/10/01 $2,794.71 

32 FASB #8795 PAR (JW) 6/11/01 $2,794.71 

33 FASB #8795 PAR (JW) 7/11/01 $2,794.71 

34 8/10/01 $2,794.71 

35 9/11/01 $2,794.71 

36 10/1/01 $2,794.71 

37 10/31/01 $2,794.71 

38 12/6/01 $2,794.71 

39 FASB #1625 CCCT (WCPJ) 1/9/02 $2,794.71 

40 FASB #7049 CW/WW (CW) 2/12/02 $2,794.71 

41 FASB #7049 CW/WW (CW) 3/7/02 $2,794.71 

42 FASB #7049 CW/WW (CW) 4/11/02 $2,794.71 

43 FASB #1625 CCCT (WCPJ) 5/8/02 $2,794.71 

44 FASB #1625 CCCT (WCPJ) 6/4/02 $2,794.71 

45 FASB #1625 CCCT (WCPJ) 7/9/02 $2,794.71 

46 FASB #7049 CW/WW (CW) 8/8/02 $2,794.71 

47 FASB #7049 CW/WW (CW) 9/11/02 $2,794.71 

48 FASB #7049 CW/WW (CW) 10/7/02 $2,794.71 

49 FASB #7049 CW/WW (CW) 11/13/02 $2,794.71 

50 FASB #1666 CCCT (JWCP) 12/24/02 $2,934.45 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 3 of 186
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Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

51 FASB #1666 CCCT (JWCP) 1/16/03 $2,794.71 

52 FASB #1666 CCCT (JWCP) 2/3/03 $2,794.71 

53 FASB #1666 CCCT (JWCP) 3/13/03 $2,794.71 

54 FASB #1666 CCCT (JWCP) 4/16/03 $2,794.71 

55 FASB #1666 CCCT (JWCP) 5/14/03 $2,794.71 

56 ANB #7831 CCCT (WJ) 6/11/03 $2,794.71 

57 ANB #7831 CCCT (WJ) 7/9/03 $2,794.71 

58 ANB #7831 CCCT (WJ) 8/14/03 $2,794.71 

59 ANB #7831 CCCT (WJ) 9/17/03 $2,794.71 

60 ANB #7831 CCCT (WJ) 10/21/03 $2,934.45 

61 ANB #7831 CCCT (WJ) 11/12/03 $2,794.71 

62 ANB #7831 CCCT (WJ) 12/11/03 $2,794.71 

63 ANB #7831 CCCT (WJ) 1/15/04 $2,794.71 

b. This loan was paid off on February 19, 2004 by a wire transfer of 

$357,687.81 from the First American State Bank account #111625 in the 

name of Colorado County & Community Title Money Market Account.

OBJECTION TO OPINION #1

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein, on the following grounds: 

First, Ms. Chamberlin did not obtain or use sufficient facts or data to form these 

opinions. Second, Ms. Chamberlin did not use reliable principles or methodologies. As 

the specific principles or methodologies used and the manner in which they were 

applied are unclear to the defense at this time, the defense requests the opportunity to 

supplement its objections on the bases that these opinions are (1) based on a method 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 4 of 186
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that cannot be tested or falsified, meaning that it is based on a methodology that is 

simply a subjective, conclusory, or ad hoc approach that cannot reasonably be 

assessed for reliability; (2) based on a method or technique that has not been subject to 

peer review and publication; (3) based on a method with no known or potential rates of 

error; (4) based on a method or approach that is not generally accepted in the relevant 

community; and/or (5) based on an unreliable application of the principles or 

methodology, if facts elicited at hearing support said bases. See U.S. v. Crabbe, 556 

F.Supp.2d 1217, 1221 (D.C. Colo. 2008). Finally, these opinions did not occur naturally 

or directly but rather were developed for purposes of testifying and are, therefore, 

inadmissible. Daubert v. Merrell Dow Pharmaceuticals, Inc., 43 F.3d 1311, 1317 (9th

Cir. 1995); see also Crabbe, supra.

OPINION #2

2. Opinions for the loan dated 7/29/99 to Craig and Waun Weingart by Broad 

Street Mortgage for $363,300. (This loan is designated as Loan Code S-3) 

a. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-3:

Ref

Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #8795 PAR (JW) 6/13/01 $2,923.19 

2 FASB #8795 PAR (JW) 7/17/01 2,923.19 

3 FASB #1625 CCCT (WCPJ) 1/8/02 $2,923.19 

4 FASB #7049 CW/WW (CW) 2/12/02 $2,923.19 

5 FASB #7049 CW/WW (CW) 3/6/02 $2,923.19 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 5 of 186
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Ref

Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

6 FASB #7049 CW/WW (CW) 4/8/02 $2,923.19 

7 FASB #1625 CCCT (WCPJ) 5/8/02 $2,923.19 

8 FASB #1625 CCCT (WCPJ) 6/5/02 $2,923.19 

9 FASB #1625 CCCT (WCPJ) 7/2/02 $2,923.19 

10 FASB #7049 CW/WW (CW) 8/6/02 $2,923.19 

11 FASB #7049 CW/WW (CW) 9/13/02 $2,923.19 

12 FASB #7049 CW/WW (CW) 10/8/02 $2,923.19 

13 FASB #7049 CW/WW (CW) 11/13/02 $2,923.19 

14 FASB #1666 CCCT (JWCP) 12/24/02 $3,069.35 

15 FASB #1666 CCCT (JWCP) 1/15/03 $2,923.19 

16 FASB #1666 CCCT (JWCP) 2/4/03 $3,416.19 

17 FASB #1666 CCCT (JWCP) 3/12/03 $3,416.19 

18 FASB #1666 CCCT (JWCP) 4/16/03 $3,421.19 

19 FASB #1666 CCCT (JWCP) 5/14/03 $3,421.19 

20 ANB # 7831 CCCT (WJ) 6/11/03 $3,421.19 

21 ANB # 7831 CCCT (WJ) 7/9/03 $3,421.19 

22 ANB # 7831 CCCT (WJ) 8/14/03 $3,421.19 

23 ANB # 7831 CCCT (WJ) 9/17/03 $3,276.69 

24 ANB # 7831 CCCT (WJ) 10/21/03 $2,836.01 

25 ANB # 7831 CCCT (WJ) 11/12/03 $2,958.04 

26 ANB # 7831 CCCT (WJ) 12/11/03 $2,834.01 

27 ANB # 7831 CCCT (WJ) 1/15/04 $2,834.01 

28 FASB #1355 CW/WW (CW) 2/23/04 $2,958.04 

29 FASB #1355 CW/WW (CW) 3/10/04 $2,834.01 

30 FASB #1355 CW/WW (CW) 4/13/04 $2,834.01 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 6 of 186
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Ref

Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

31 FASB #1355 CW/WW (CW) 5/11/04 $2,834.01 

32 FASB #1355 CW/WW (CW) 6/11/04 $2,834.01 

33 FASB #1355 CW/WW (CW) 7/15/04 $2,834.01 

34 FASB #1355 CW/WW (CW) 8/11/04 $2,689.51 

35 FASB #1355 CW/WW (CW) 9/14/04 $2,689.51 

36 FASB #1355 CW/WW (CW) 11/10/04 $2,823.54 

37 FASB #1355 CW/WW (CW) 11/15/04 $2,734.51 

38 ANB # 4723 WW (W) 12/20/04 $2,868.54 

39 FASB #1355 CW/WW (CW) 1/25/05 $2,823.54 

40 FASB #1355 CW/WW (CW) 2/8/05 $2,704.51 

41 FASB #1355 CW/WW (CW) 3/15/05 $2,689.51 

42 FASB #1355 CW/WW (CW) 4/18/05 $2,689.51 

43 FASB #1355 CW/WW (CW) 5/16/05 $2,689.51 

44 FASB #1355 CW/WW (CW) 7/5/05 $2,813.54 

45 FASB #1355 CW/WW (CW) 7/8/05 $2,689.51 

46 FASB #1355 CW/WW (CW) 8/10/05 $2,684.51 

47 FASB #1355 CW/WW (CW) 9/13/05 $2,689.51 

48 FASB #1355 CW/WW (CW) 10/6/05 $2,684.51 

49 ANB # 4723 WW (W) 11/14/05 $2,689.51 

50 ANB # 4723 WW (W) 12/7/05 $2,684.51 

51 ANB # 4723 WW (W) 1/12/06 $2,689.51 

52 ANB # 4723 WW (W) 2/9/06 $2,689.51 

53 ANB # 4723 WW (W) 3/6/06 $2,694.51 

54 ANB # 4723 WW (W) 4/6/06 $2,694.51 

55 ANB # 4723 WW (W) 5/16/06 $2,689.51 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 7 of 186
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Ref

Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

56 ANB # 4723 WW (W) 6/8/06 $2,689.51 

57 ANB # 4723 WW (W) 7/17/06 $2,689.51 

58 ANB # 4723 WW (W) 8/14/06 $2,689.51 

59 ANB # 4723 WW (W) 9/12/06 $2,689.51 

60 ANB # 4723 WW (W) 10/13/06 $2,689.51 

61 ANB # 4723 WW (W) 11/14/06 $2,689.51 

62 ANB # 4723 WW (W) 12/14/06 $2,689.51 

63 ANB # 4723 WW (W) 1/12/07 $2,689.51 

64 ANB # 4723 WW (W) 2/9/07 $2,689.51 

65 ANB # 4723 WW (W) 3/7/07 $2,684.51 

66 ANB # 4723 WW (W) 4/16/07 $2,689.51 

67 ANB # 4723 WW (W) 5/8/07 $2,689.51 

68 ANB # 4723 WW (W) 6/18/07 $2,689.51 

69 ANB # 4723 WW (W) 7/11/07 $2,689.51 

70 ANB # 4723 WW (W) 8/13/07 $2,710.42 

71 ANB # 4723 WW (W) 9/13/07 $2,710.42 

72 ANB # 4723 WW (W) 10/16/07 $2,710.42 

73 ANB # 4723 WW (W) 11/8/07 $2,710.42 

74 ANB # 4723 WW (W) 12/17/07 $2,710.42 

75 ANB # 4723 WW (W) 1/25/08 $5,539.87 

76 ANB # 4723 WW (W) 2/14/08 $2,705.42 

77 GB #1321 WW/AW (WC) 3/17/08 $2,705.42 

78 GB #1321 WW/AW (WC) 4/8/08 $2,705.42 

b. This loan was not paid off as of May 31, 2008.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 8 of 186
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OBJECTION TO OPINION #2

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #3

3. Opinions for the loan dated 8/3/00 to Craig and Waun Weingart by Jefferson 

Mortgage Group for $420,000. (This loan is designated as Loan Code S-4) 

a. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code S-4; where a bank 

account is identified, funds from that account were used to make the 

payment:

Ref

Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 2/1/01 $3,644.21 

2 2/1/01 $3,644.21 

3 3/5/01 $3,811.30 

4 4/5/01 $3,644.21 

5 5/11/01 $3,637.00 

6 FASB #8795 PAR (JW) 6/11/01 $3,637.00 

7 FASB #8795 PAR (JW) 7/10/01 $3,637.00 

8 8/9/01 $3,637.00 

9 9/11/01 $3,637.00 

10 10/1/01 $3,637.00 

11 10/31/01 $3,637.00 

12 12/6/01 $3,637.00 

13 FASB #1625 CCCT (WCPJ) 1/8/02 $3,637.00 

14 FASB #7049 CW/WW (CW) 2/12/02 $3,637.00 

15 FASB #7049 CW/WW (CW) 3/7/02 $3,637.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 9 of 186
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Ref

Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

16 FASB #7049 CW/WW (CW) 4/11/02 $3,637.00 

17 FASB #1625 CCCT (WCPJ) 5/6/02 $3,990.00 

18 FASB #1625 CCCT (WCPJ) 6/4/02 $3,990.00 

19 FASB #1625 CCCT (WCPJ) 7/2/02 $3,990.00 

20 FASB #7049 CW/WW (CW) 8/6/02 $3,990.00 

21 FASB #7049 CW/WW (CW) 9/11/02 $3,990.00 

22 FASB #7049 CW/WW (CW) 10/7/02 $3,161.40 

23 FASB #7049 CW/WW (CW) 11/13/02 $3,161.40 

24 FASB #1666 CCCT (JWCP) 12/24/02 $3,287.06 

25 FASB #1666 CCCT (JWCP) 1/16/03 $3,161.40 

26 FASB #1666 CCCT (JWCP) 2/4/03 $3,161.40 

27 FASB #1666 CCCT (JWCP) 3/13/03 $3,161.40 

28 FASB #1666 CCCT (JWCP) 4/16/03 $2,911.30 

29 FASB #1666 CCCT (JWCP) 5/14/03 $2,704.24 

30 ANB # 7831 CCCT (WJ) 6/11/03 $2,704.24 

31 ANB # 7831 CCCT (WJ) 7/9/03 $2,704.24 

32 ANB # 7831 CCCT (WJ) 8/14/03 $2,704.24 

33 ANB # 7831 CCCT (WJ) 9/17/03 $2,704.24 

34 ANB # 7831 CCCT (WJ) 10/21/03 $2,754.71 

35 ANB # 7831 CCCT (WJ) 11/12/03 $2,644.54 

36 ANB # 7831 CCCT (WJ) 12/11/03 $2,644.54 

b. This loan was paid off on January 9, 2004 by a wire transfer for 

$407,613.35 from the First American State Bank account #111625 in the 

name of Colorado County & Community Title Money Market Account.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 10 of 186
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OBJECTION TO OPINION #3

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #4

4. Opinions for the loan dated 8/7/00 to Craig and Waun Weingart by G-4 

Holdings to Flagstar Bank for $397,500. (This loan is designated as Loan 

Code S-5)

a. The Construction Project for 24 units, a property listed on the Liabilities 

Section of the loan application, is not the property which was pledged as 

collateral for the $361,670 liability to Loanworks listed in the Liabilities 

Section of the loan application, or the debt of $361,879 to Loanworks 

listed in the credit report. That liability and that debt actually correspond to 

the 7/29/99 loan to Craig and Waun Weingart for $363,300 from Broad 

Street Mortgage for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-3).

b. The 8/3/00 loan to Craig and Waun Weingart for $420,000 from Jefferson 

Mortgage Group for the refinancing of 7766 Saxeborough (Loan Code S4) was outstanding as of 8/7/00, but was not listed on the loan application 

for S-5 as a liability or on the Schedule of Real Estate Owned.

c. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code S-5; where a bank 

account is identified, funds from that account were used to make the 

payment:

Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

1 10/19/00 $3,451.69 

2 10/19/00 $3,451.69 

3 12/4/00 $3,451.69 

4 12/29/00 $3,451.69 

5 2/1/01 $3,451.69 

6 3/2/01 $3,451.69 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 11 of 186
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Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

7 4/5/01 $3,451.69 

8 5/11/01 $3,451.69 

9 FASB #8795 PAR (JW) 6/8/01 $3,451.69 

10 FASB #8795 PAR (JW) 7/11/01 $3,451.69 

11 8/27/01 $3,451.69 

12 9/18/01 $3,451.69 

13 10/25/01 $3,451.69 

14 11/6/01 $3,451.69 

15 12/6/01 $3,451.69 

16 FASB #1625 CCCT (WCPJ) 1/8/02 $3,451.69 

17 FASB #7049 CW/WW (CW) 2/12/02 $3,247.45 

18 FASB #7049 CW/WW (CW) 3/4/02 $3,451.69 

19 FASB #7049 CW/WW (CW) 4/10/02 $3,451.69 

20 FASB #1625 CCCT (WCPJ) 5/8/02 $3,451.69 

21 FASB #1625 CCCT (WCPJ) 6/4/02 $3,451.69 

22 FASB #1625 CCCT (WCPJ) 7/5/02 $3,451.69 

23 FASB #7049 CW/WW (CW) 8/6/02 $3,451.69 

24 FASB #7049 CW/WW (CW) 9/11/02 $3,451.69 

25 FASB #7049 CW/WW (CW) 10/7/02 $3,451.69 

26 FASB #7049 CW/WW (CW) 11/14/02 $3,451.69 

27 FASB #1666 CCCT (JWCP) 12/27/02 $3,796.85 

28 FASB #1666 CCCT (JWCP) 1/21/03 $3,451.69 

29 FASB #1666 CCCT (JWCP) 2/4/03 $3,451.69 

30 FASB #1666 CCCT (JWCP) 3/21/03 $3,451.69 

31 FASB #1666 CCCT (JWCP) 4/17/03 $3,451.69 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 12 of 186
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Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

32 FASB #1666 CCCT (JWCP) 5/15/03 $3,451.69 

33 ANB # 7831 CCCT (WJ) 6/12/03 $3,451.69 

34 ANB # 7831 CCCT (WJ) 7/10/03 $3,451.69 

35 ANB # 7831 CCCT (WJ) 8/15/03 $3,451.69 

36 ANB # 7831 CCCT (WJ) 9/18/03 $3,451.69 

37 ANB # 7831 CCCT (WJ) 10/22/03 $2,908.53 

38 ANB # 7831 CCCT (WJ) 11/13/03 $2,908.53 

39 ANB # 7831 CCCT (WJ) 12/12/03 $2,908.53 

40 ANB # 7831 CCCT (WJ) 1/16/04 $2,908.53 

41 FASB #1355 CW/WW (CW) 2/24/04 $2,908.53 

42 FASB #1355 CW/WW (CW) 3/11/04 $2,908.53 

43 FASB #1355 CW/WW (CW) 4/14/04 $2,908.53 

44 FASB #1355 CW/WW (CW) 5/12/04 $2,908.53 

45 FASB #1355 CW/WW (CW) 6/14/04 $2,908.53 

46 FASB #1355 CW/WW (CW) 7/16/04 $2,908.53 

47 FASB #1355 CW/WW (CW) 8/12/04 $2,908.53 

48 FASB #1355 CW/WW (CW) 9/15/04 $2,908.53 

49 FASB #1355 CW/WW (CW) 10/18/04 $2,503.50 

50 FASB #1355 CW/WW (CW) 11/16/04 $2,503.50 

51 FASB #1355 CW/WW (CW) 12/7/04 $2,503.50 

52 FASB #1355 CW/WW (CW) 1/12/05 $2,503.50 

53 FASB #1355 CW/WW (CW) 2/9/05 $2,503.50 

54 FASB #1355 CW/WW (CW) 3/16/05 $2,503.50 

55 FASB #1355 CW/WW (CW) 4/19/05 $2,503.50 

56 FASB #1355 CW/WW (CW) 5/17/05 $2,503.50 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 13 of 186
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Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

57 FASB #1355 CW/WW (CW) 6/20/05 $2,503.50 

58 FASB #1355 CW/WW (CW) 7/11/05 $2,503.50 

59 FASB #1355 CW/WW (CW) 8/11/05 $2,503.50 

60 FASB #1355 CW/WW (CW) 9/14/05 $2,503.50 

61 FASB #1355 CW/WW (CW) 10/7/05 $2,897.75 

62 ANB # 4723 WW (W) 11/15/05 $2,897.75 

63 ANB # 4723 WW (W) 12/8/05 $2,897.75 

64 ANB # 4723 WW (W) 1/10/06 $2,897.75 

65 ANB # 4723 WW (W) 2/10/06 $2,897.75 

66 ANB # 4723 WW (W) 3/9/06 $2,939.00 

67 ANB # 4723 WW (W) 4/7/06 $2,939.00 

68 ANB # 4723 WW (W) 5/17/06 $2,939.00 

69 ANB # 4723 WW (W) 6/9/06 $2,939.00 

70 ANB # 4723 WW (W) 7/18/06 $2,939.00 

71 ANB # 4723 WW (W) 8/15/06 $2,939.00 

72 ANB # 4723 WW (W) 9/11/06 $2,939.00 

73 ANB # 4723 WW (W) 10/16/06 $3,346.72 

74 ANB # 4723 WW (W) 11/15/06 $3,346.72 

75 ANB # 4723 WW (W) 12/15/06 $3,346.72 

76 ANB # 4723 WW (W) 1/17/07 $3,346.72 

77 ANB # 4723 WW (W) 2/12/07 $3,346.72 

78 ANB # 4723 WW (W) 3/9/07 $3,346.72 

79 ANB # 4723 WW (W) 4/17/07 $3,346.72 

80 ANB # 4723 WW (W) 5/9/07 $3,346.72 

81 ANB # 4723 WW (W) 6/19/07 $3,346.72 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 14 of 186
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Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

82 ANB # 4723 WW (W) 7/12/07 $3,346.72 

83 ANB # 4723 WW (W) 8/14/07 $3,346.72 

84 ANB # 4723 WW (W) 9/14/07 $3,346.72 

85 ANB # 4723 WW (W) 10/17/07 $3,284.10 

86 ANB # 4723 WW (W) 11/9/07 $3,284.10 

87 ANB # 4723 WW (W) 12/18/07 $3,284.10 

88 ANB # 4723 WW (W) 1/28/08 $3,284.10 

89 ANB # 4723 WW (W) 2/19/08 $3,284.10 

90 GB #1321 WW/AW (WC) 3/18/08 $3,284.10 

91 GB #1321 WW/AW (WC) 4/9/08 $3,284.10 

92 GB #1321 WW/AW (WC) 5/28/08 $3,284.10 

d. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #4

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #5

5. Opinions for the loan dated 10/12/00 to Craig and Waun Weingart by Option 

One Mortgage for $356,000. (This loan is designated as Loan Code S-6)

a. 3013, 3025, 3035 Umatilla St., Denver, CO, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $361,670 liability to 

Loanworks listed in the Liabilities Section of the loan application, or the 

debt of $361,247 to Loanworks listed in the credit report. That liability and 

that debt actually correspond to the 7/29/99 loan to Craig and Waun 

Weingart for $363,300 from Broad Street Mortgage for the refinancing of 

7766 Saxeborough Drive (Loan Code S-3).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 15 of 186
16

b. The 8/3/00 loan to Craig and Waun Weingart for $420,000 from Jefferson 

Mortgage Group for the refinancing of 7766 Saxeborough (Loan Code S4) was outstanding as of 10/12/00, but was not listed on the loan 

application for S-6 as a liability or on the Schedule of Real Estate Owned.

c. The 8/7/00 loan to Craig and Waun Weingart for $397,500 from Flagstar 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-5) was 

outstanding as of 10/12/00, but was not listed on the loan application for 

S-6 as a liability or on the Schedule of Real Estate Owned.

d. Loan proceeds of $354,434.44 were deposited by wire transfer into the 

First American State Bank account #108803 in the name of Paradigm 

Escrow & Title Co LLC Money Market Account on 10/24/00.

e. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Countrywide (Loan Code S-2).

f. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code S-6; where a bank 

account is identified, funds from that account were used to make the 

payment:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 2/2/01 $3,283.12 

2 3/2/01 $3,283.12 

3 4/9/01 $3,283.12 

4 5/14/01 $3,283.12 

5 FASB #8795 PAR (JW) 6/11/01 $3,283.12 

6 FASB #8795 PAR (JW) 7/12/01 $3,283.12 

7 8/9/01 $3,283.12 

8 9/11/01 $3,283.12 

9 10/4/01 $3,283.12 

10 11/2/01 $3,283.12 

11 12/7/01 $3,283.12 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 16 of 186
17

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

12 FASB #1625 CCCT (WCPJ) 1/11/02 $3,283.12 

13 FASB #7049 CW/WW (CW) 2/12/02 $3,283.12 

14 FASB #7049 CW/WW (CW) 3/7/02 $3,283.12 

15 FASB #7049 CW/WW (CW) 4/9/02 $3,283.12 

16 FASB #1625 CCCT (WCPJ) 5/6/02 $3,283.12 

17 FASB #1625 CCCT (WCPJ) 6/6/02 $3,283.12 

18 FASB #1625 CCCT (WCPJ) 7/5/02 $3,283.02 

19 FASB #7049 CW/WW (CW) 8/6/02 $3,283.02 

20 FASB #7049 CW/WW (CW) 9/16/02 $3,283.02 

21 FASB #7049 CW/WW (CW) 10/8/02 $3,283.02 

22 FASB #7049 CW/WW (CW) 11/13/02 $3,283.02 

23 FASB #1666 CCCT (JWCP) 12/26/02 $3,447.78 

24 FASB #1666 CCCT (JWCP) 1/15/03 $3,283.12 

25 FASB #1666 CCCT (JWCP) 2/4/03 $3,283.12 

26 FASB #1666 CCCT (JWCP) 3/12/03 $3,283.12 

27 FASB #1666 CCCT (JWCP) 4/17/03 $3,283.12 

28 FASB #1666 CCCT (JWCP) 5/15/03 $3,283.12 

29 ANB # 7831 CCCT (WJ) 6/12/03 $3,283.12 

30 ANB # 7831 CCCT (WJ) 7/10/03 $3,283.12 

31 ANB # 7831 CCCT (WJ) 8/18/03 $3,283.12 

32 ANB # 7831 CCCT (WJ) 9/18/03 $3,283.12 

33 ANB # 7831 CCCT (WJ) 10/22/03 $3,447.28 

34 ANB # 7831 CCCT (WJ) 11/12/03 $3,283.12 

35 ANB # 7831 CCCT (WJ) 12/12/03 $3,283.12 

36 ANB # 7831 CCCT (WJ) 1/16/04 $3,283.12 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 17 of 186
18

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

37 FASB #1355 CW/WW (CW) 2/24/04 $3,447.29 

38 FASB #1625 CCCT (WCPJ) 3/11/04 $3,291.95 

39 FASB #1355 CW/WW (CW) 4/14/04 $3,558.27 

40 FASB #1355 CW/WW (CW) 5/12/04 $3,585.61 

41 FASB #1355 CW/WW (CW) 6/14/04 $3,610.53 

42 FASB #1355 CW/WW (CW) 7/16/04 $3,633.40 

43 FASB #1355 CW/WW (CW) 8/12/04 $3,652.73 

44 FASB #1355 CW/WW (CW) 9/15/04 $3,669.95 

45 FASB #1355 CW/WW (CW) 10/18/04 $3,683.43 

46 FASB #1355 CW/WW (CW) 11/15/04 $3,702.33 

47 FASB #1625 CCCT (WCPJ) 12/7/04 $3,700.33 

48 FASB #1355 CW/WW (CW) 1/12/05 $3,698.39 

49 FASB #7056 JG (J) 2/9/05 $3,703.38 

50 FASB #1355 CW/WW (CW) 3/17/05 $3,703.38 

51 FASB #1355 CW/WW (CW) 4/19/05 $3,606.07 

52 ANB # 4723 WW (W) 5/23/05 $3,403.29 

53 ANB # 4723 WW (W) 6/20/05 $3,403.29 

54 ANB # 4723 WW (W) 7/13/05 $3,403.29 

55 ANB # 4723 WW (W) 8/12/05 $3,403.29 

56 ANB # 4723 WW (W) 9/15/05 $3,403.29 

57 ANB # 4723 WW (W) 10/11/05 $3,403.29 

58 ANB # 4723 WW (W) 11/16/05 $3,403.29 

59 ANB # 4723 WW (W) 12/9/05 $3,405.52 

60 ANB # 4723 WW (W) 1/17/06 $3,405.52 

61 ANB # 4723 WW (W) 2/13/06 $3,405.52 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 18 of 186
19

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

62 ANB # 4723 WW (W) 3/10/06 $3,405.52 

63 ANB # 4723 WW (W) 4/10/06 $3,405.52 

64 ANB # 4723 WW (W) 5/17/06 $3,405.52 

65 ANB # 4723 WW (W) 6/12/06 $3,503.81 

66 ANB # 4723 WW (W) 7/18/06 $3,503.81 

67 ANB # 4723 WW (W) 8/7/06 $3,503.81 

68 ANB # 4723 WW (W) 9/11/06 $3,383.64 

69 ANB # 4723 WW (W) 10/16/06 $3,383.64 

70 ANB # 4723 WW (W) 11/16/06 $3,383.64 

71 ANB # 4723 WW (W) 12/18/06 $3,414.26 

72 ANB # 4723 WW (W) 1/16/07 $3,414.26 

73 ANB # 4723 WW (W) 2/14/07 $3,414.26 

74 ANB # 4723 WW (W) 3/9/07 $3,414.26 

75 ANB # 4723 WW (W) 4/17/07 $3,414.26 

76 ANB # 4723 WW (W) 5/11/07 $3,414.26 

77 ANB # 4723 WW (W) 6/13/07 $3,381.38 

78 ANB # 4723 WW (W) 7/13/07 $3,381.38 

79 ANB # 4723 WW (W) 8/14/07 $3,381.38 

80 ANB # 4723 WW (W) 9/14/07 $3,381.38 

81 ANB # 4723 WW (W) 10/17/07 $3,381.38 

82 ANB # 4723 WW (W) 11/13/07 $3,381.38 

83 ANB # 4723 WW (W) 12/19/07 $3,351.45 

84 ANB # 4723 WW (W) 1/28/08 $3,351.45 

85 ANB # 4723 WW (W) 2/21/08 $3,351.45 

86 ANB # 4723 WW (W) 3/18/08 $3,351.45 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 19 of 186
20

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

87 GB #1321 WW/AW (WC) 4/9/08 $3,351.45 

88 GB #1321 WW/AW (WC) 5/28/08 $3,351.45 

g. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #5

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #6

6. Opinions for the loan dated 8/1/02 to Craig and Waun Weingart by 

Beneficial Mortgage for $35,000. (This loan is designated as Loan Code S-7) 

a. Loan proceeds of $19,000.00 were deposited by check into the First 

American State Bank account #407049 in the name of Craig Weingart and 

Waun Weingart on 8/7/02. 

b. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-7:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1666 CCCT (JWCP) 4/17/03 $623.00 

2 FASB #1666 CCCT (JWCP) 5/15/03 $622.00 

3 ANB # 7831 CCCT (WJ) 6/12/03 $624.00 

4 ANB # 7831 CCCT (WJ) 7/10/03 $623.00 

5 ANB # 7831 CCCT (WJ) 8/18/03 $623.00 

6 ANB # 7831 CCCT (WJ) 10/6/03 $632.00 

7 ANB # 7831 CCCT (WJ) 10/23/03 $633.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 20 of 186
21

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

8 ANB # 7831 CCCT (WJ) 11/13/03 $653.10 

9 ANB # 7831 CCCT (WJ) 12/12/03 $620.00 

10 ANB # 7831 CCCT (WJ) 1/16/04 $619.00 

11 FASB #1355 CW/WW (CW) 2/24/04 $1,247.00 

12 FASB #1625 CCCT (WCPJ) 3/11/04 $628.00 

13 FASB #1355 CW/WW (CW) 4/14/04 $628.00 

14 FASB #1355 CW/WW (CW) 5/13/04 $604.00 

15 FASB #1355 CW/WW (CW) 6/14/04 $603.00 

16 FASB #1355 CW/WW (CW) 7/16/04 $603.00 

17 FASB #1355 CW/WW (CW) 8/12/04 $602.00 

18 FASB #1355 CW/WW (CW) 10/18/04 $622.00 

19 FASB #1355 CW/WW (CW) 11/12/04 $1,214.00 

20 FASB #1355 CW/WW (CW) 12/7/04 $601.00 

21 FASB #1355 CW/WW (CW) 1/12/05 $599.00 

22 FASB #1355 CW/WW (CW) 2/10/05 $599.00 

23 FASB #7056 JG (J) 3/16/05 $598.00 

24 FASB #1355 CW/WW (CW) 5/18/05 $1,195.00 

25 FASB #1355 CW/WW (CW) 6/21/05 $597.00 

26 FASB #1355 CW/WW (CW) 7/11/05 $596.00 

27 FASB #1355 CW/WW (CW) 8/11/05 $595.00 

28 FASB #1355 CW/WW (CW) 9/14/05 $595.00 

29 FASB #1355 CW/WW (CW) 10/7/05 $595.00 

30 ANB # 4723 WW (W) 11/15/05 $594.00 

31 ANB # 4723 WW (W) 12/8/05 $593.00 

32 ANB # 4723 WW (W) 1/10/06 $592.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 21 of 186
22

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

33 ANB # 4723 WW (W) 2/10/06 $592.00 

34 ANB # 4723 WW (W) 3/9/06 $591.00 

35 ANB # 4723 WW (W) 4/7/06 $590.00 

36 ANB # 4723 WW (W) 5/12/06 $589.00 

37 ANB # 4723 WW (W) 6/9/06 $589.00 

38 ANB # 4723 WW (W) 7/18/06 $588.00 

39 ANB # 4723 WW (W) 8/15/06 $588.00 

40 ANB # 4723 WW (W) 9/28/06 $598.00 

41 ANB # 4723 WW (W) 10/16/06 $608.00 

42 ANB # 4723 WW (W) 11/15/06 $587.00 

43 ANB # 4723 WW (W) 12/15/06 $586.00 

44 ANB # 4723 WW (W) 1/16/07 $585.00 

45 GB #1321 WW/AW (WC) 2/14/07 $582.00 

46 ANB # 4723 WW (W) 3/9/07 $581.00 

47 ANB # 4723 WW (W) 4/17/07 $580.00 

48 GB #1321 WW/AW (WC) 5/11/07 $580.00 

49 ANB # 4723 WW (W) 6/20/07 $588.00 

50 ANB # 4723 WW (W) 7/13/07 $579.00 

51 ANB # 4723 WW (W) 8/14/07 $578.00 

52 ANB # 4723 WW (W) 9/14/07 $578.00 

53 ANB # 4723 WW (W) 10/17/07 $577.00 

54 ANB # 4723 WW (W) 11/9/07 $577.00 

55 ANB # 4723 WW (W) 12/18/07 $576.00 

56 ANB # 4723 WW (W) 1/28/08 $584.00 

57 ANB # 4723 WW (W) 2/15/08 $575.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 22 of 186
23

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

58 GB #1321 WW/AW (WC) 3/17/08 $574.00 

59 GB #1321 WW/AW (WC) 4/9/08 $574.00 

60 ANB # 4723 WW (W) 6/18/08 $582.00 

c. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #6

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #7

7. Opinions for the loan dated 1/27/03 to Craig Weingart by General Mortgage 

Corp of America for $400,000. (This loan is designated as Loan Code S-8)

a. Loan proceeds of $400,000 were deposited by wire transfer into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 1/31/03.

b. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Countrywide.

c. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-8:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1666 CCCT (JWCP) 2/10/03 $2,404.68 

2 FASB #1666 CCCT (JWCP) 3/13/03 $3,182.58 

3 FASB #1666 CCCT (JWCP) 4/16/03 $3,187.58 

4 FASB #1666 CCCT (JWCP) 5/15/03 $3,346.71 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 23 of 186
24

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

5 ANB # 7831 CCCT (WJ) 6/12/03 $3,187.58 

6 ANB # 7831 CCCT (WJ) 7/10/03 $3,182.58 

7 ANB # 7831 CCCT (WJ) 8/15/03 $3,182.58 

8 ANB # 7831 CCCT (WJ) 9/17/03 $3,182.58 

9 ANB # 7831 CCCT (WJ) 10/22/03 $3,182.58 

10 ANB # 7831 CCCT (WJ) 11/12/03 $3,182.58 

11 ANB # 7831 CCCT (WJ) 12/11/03 $3,182.58 

12 ANB # 7831 CCCT (WJ) 1/16/04 $3,182.58 

13 FASB #1355 CW/WW (CW) 2/24/04 $3,500.83 

14 FASB #1355 CW/WW (CW) 3/11/04 $3,182.58 

15 FASB #1355 CW/WW (CW) 4/14/04 $3,182.58 

16 FASB #1355 CW/WW (CW) 5/13/04 $3,182.58 

17 FASB #1355 CW/WW (CW) 6/14/04 $3,182.58 

18 FASB #1355 CW/WW (CW) 7/16/04 $3,182.58 

19 FASB #1355 CW/WW (CW) 8/13/04 $3,182.58 

20 FASB #1355 CW/WW (CW) 9/16/04 $3,182.58 

21 FASB #1355 CW/WW (CW) 10/18/04 $3,182.58 

22 FASB #1355 CW/WW (CW) 11/16/04 $3,182.58 

23 FASB #1355 CW/WW (CW) 12/14/04 $4,338.25 

24 FASB #1355 CW/WW (CW) 1/11/05 $4,338.25 

25 FASB #1355 CW/WW (CW) 2/9/05 $4,338.24 

26 FASB #1355 CW/WW (CW) 3/15/05 $3,182.58 

27 FASB #1355 CW/WW (CW) 4/18/05 $3,182.58 

28 FASB #1355 CW/WW (CW) 5/17/05 $3,182.58 

29 FASB #1355 CW/WW (CW) 6/20/05 $3,182.58 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 24 of 186
25

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

30 FASB #1355 CW/WW (CW) 7/8/05 $3,182.58 

31 FASB #1355 CW/WW (CW) 8/10/05 $3,182.58 

32 FASB #1355 CW/WW (CW) 9/13/05 $3,182.58 

33 FASB #1355 CW/WW (CW) 10/7/05 $4,338.25 

34 ANB # 4723 WW (W) 11/14/05 $4,338.25 

35 ANB # 4723 WW (W) 12/7/05 $4,338.24 

36 ANB # 4723 WW (W) 1/12/06 $3,182.58 

37 ANB # 4723 WW (W) 2/9/06 $3,182.58 

38 ANB # 4723 WW (W) 3/8/06 $3,182.58 

39 ANB # 4723 WW (W) 4/7/06 $3,182.58 

40 ANB # 4723 WW (W) 5/12/06 $3,182.58 

41 ANB # 4723 WW (W) 6/8/06 $3,182.58 

42 ANB # 4723 WW (W) 7/17/06 $3,182.58 

43 ANB # 4723 WW (W) 8/4/06 $3,182.58 

44 ANB # 4723 WW (W) 9/8/06 $4,338.25 

45 ANB # 4723 WW (W) 10/13/06 $4,338.25 

46 ANB # 4723 WW (W) 11/14/06 $4,338.24 

47 ANB # 4723 WW (W) 12/14/06 $3,182.58 

48 ANB # 4723 WW (W) 1/12/07 $3,182.58 

49 ANB # 4723 WW (W) 2/12/07 $3,182.58 

50 ANB # 4723 WW (W) 3/7/07 $3,182.58 

51 ANB # 4723 WW (W) 4/17/07 $3,182.58 

52 ANB # 4723 WW (W) 5/9/07 $3,182.58 

53 ANB # 4723 WW (W) 6/13/07 $3,182.58 

54 ANB # 4723 WW (W) 7/12/07 $3,182.58 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 25 of 186
26

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

55 ANB # 4723 WW (W) 8/13/07 $3,182.58 

56 ANB # 4723 WW (W) 9/14/07 $3,471.50 

57 ANB # 4723 WW (W) 10/16/07 $3,471.50 

58 ANB # 4723 WW (W) 11/8/07 $3,471.50 

59 ANB # 4723 WW (W) 12/18/07 $3,471.50 

60 ANB # 4723 WW (W) 1/25/08 $3,471.50 

61 ANB # 4723 WW (W) 2/14/08 $3,471.50 

62 GB #1321 WW/AW (WC) 3/17/08 $3,471.50 

63 GB #1321 WW/AW (WC) 4/8/08 $3,471.50 

64 GB #1321 WW/AW (WC) 5/28/08 $3,471.50 

d. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #7

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #8

8. Opinions for the loan dated 11/19/03 to Alois Weingart by 1st Mariner Bank 

for $420,000. (This loan is designated as Loan Code S-9)

a. It is highly likely that 98 Black Diamond, Copper Mtn, CO, an address 

listed on the Schedule of Real Estate Owned Section of the loan 

application, is not the property which was pledged as collateral for the 

$483,049 liability to Indymac Bank listed in the Liabilities Section of the 

loan application, or the debt of $483,049 to Indymac Bank listed in the 

credit report. That liability and that debt actually correspond to the 

12/18/2002 loan to Craig Weingart for $486,000 from Firstar Finance for 

the refinancing of as an yet unidentified property (Loan Code Unk-1).

b. 493 Kennedy Dr., Sun City, NV, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 26 of 186
27

was pledged as collateral for the $398,466 liability to General Motors listed 

in the Liabilities Section of the loan application, or the debt of $398,466 to 

General Motors Mtg Cor listed in the credit report. That liability and that 

debt actually correspond to the 1/27/2003 loan to Craig Weingart for 

$400,000 from General Mortgage Corp of America for the refinancing of 

7766 Saxeborough Drive (Loan Code S-8).

c. 7603 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $353,469 liability to Countrywide 

Home Loan listed in the Liabilities Section of the loan application, or the 

debt of $353,469 to Countrywide Home Loans listed in the credit report. 

That liability and that debt actually correspond to the 8/24/98 loan to Craig 

& Waun Weingart for $372,000 from Standard Financial Corp dba 

Standard Loans for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-2).

d. 422 430 E. 6th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $352,167 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$352,167 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

e. 2549 SW 4th Ave., Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $350,722 liability to Option One 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $350,722 to Option One Mortgage listed in the credit report. That 

liability and that debt actually correspond to the 10/12/2000 loan to Craig 

& Waun Weingart for $356,000 from Option One Mortgage for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-6).

f. 523-595 Pennsylvania, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $390,209 liability to Flagstar Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$390,209 to Flagstar Bank listed in the credit report. That liability and that 

debt actually correspond to the 8/7/2000 loan to Craig & Waun Weingart 

for $397,500 from Flagstar Bank for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-5).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 27 of 186
28

g. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 11/19/03, but was not listed on the loan application for 

S-9 as a liability or on the Schedule of Real Estate Owned.

h. The 10/22/03 loan to Alois Weingart for $420,000 from Peoples Choice 

Home Loan for purchase of or the refinancing of an as yet unidentified 

property (Loan Code Unk-2) was outstanding as of 11/19/03, but was not 

listed on the loan application for S-9 as a liability or on the Schedule of 

Real Estate Owned.

i. Loan proceeds of $410,182.10 were deposited by official check into the 

First American State Bank account #111625 in the name of Colorado 

County & Community Title Money Market Account on 11/25/03.

j. The proceeds from this loan were used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Countrywide (Loan Code S-4).

k. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-9:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 1/5/04 $3,568.00 

2 FASB #1355 CW/WW (CW) 2/24/04 $3,725.77 

3 FASB #1355 CW/WW (CW) 3/10/04 $3,568.00 

4 FASB #1355 CW/WW (CW) 4/13/04 $3,568.00 

5 FASB #1355 CW/WW (CW) 5/11/04 $3,568.00 

l. This loan was paid off on May 12, 2004 by a wire transfer of $419,812.86 

from the First American State Bank account #111625 in the name of 

Colorado County & Community Title Money Market Account.

OBJECTION TO OPINION #8

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 28 of 186
29

OPINION #9

9. Opinions for the loan dated 2/19/04 to Alois Weingart by Liberty American 

Mortgage for $405,000. (This loan is designated as Loan Code S-10)

a. 523-595 Pennsylvania, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $351,000 liability to Countrywide 

Home Loans listed in the Liabilities Section of the loan application, or the 

debt of $405,000 to Countrywide Home Loans listed in the credit report. 

That liability and that debt actually correspond to the 8/3/2000 loan to 

Craig & Waun Weingart for $420,000 from Jefferson Mortgage Group for 

the refinancing of 7766 Saxeborough Drive (Loan Code S-4). 

b. 523-595 Pennsylvania, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $351,000 liability to Countrywide 

Home Loans listed in the Liabilities Section of the loan application, or the 

debt of $351,000 to Countrywide Home Loans listed in the credit report. 

That liability and that debt actually correspond to the 8/24/1998 loan to 

Craig & Waun Weingart for $372,000 from Standard Financial Corp dba 

Standard Loans for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-2).

c. 493 Kennedy Drive, Sun City, NV, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $397,513 liability to General 

Motors Mtg Corp listed in the Liabilities Section of the loan application, or 

the debt of $397,513 to “General Motors Mtg Cor” listed in the credit 

report. That liability and that debt actually correspond to the 1/27/2003 

loan to Craig Weingart for $400,000 from General Mortgage Corp of 

America for the refinancing of 7766 Saxeborough Drive (Loan Code S-8).

d. 422-430 E. 6th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $350,000 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$350,000 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

e. 567 Van Buren Drive, La Jolla, CA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $349,972 liability to Option One 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 29 of 186
30

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $349,972 to Option One Mortgage listed in the credit report. That 

liability and that debt actually correspond to the 10/12/00 loan to Craig & 

Waun Weingart for $356,000 from Option One Mortgage for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-6).

f. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S-7) 

was outstanding as of 2/19/04 and was not listed on the loan application 

for S-10 as a liability and on the Schedule of Real Estate Owned.

g. The 11/19/03 loan to Alois Weingart for $420,000 from 1st Mariner Bank 

for the refinancing of 7766 Saxeborough Drive (Loan Code S-9) was 

outstanding as of 2/19/04 and was not listed on the loan application for S10 as a liability and on the Schedule of Real Estate Owned. 

h. Loan proceeds of $403,657.80 were deposited by wire transfer into the 

First American State Bank account #111625 in the name of Colorado 

County & Community Title Money Market Account on 2/25/04.

i. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar (Loan Code S-5).

j. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-10:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 4/23/04 $2,957.64 

2 ANB # 4723 WW (W) 5/21/04 $2,957.64 

3 FASB #1355 CW/WW (CW) 6/25/04 $2,957.64 

4 FASB #1355 CW/WW (CW) 7/15/04 $2,957.64 

5 FASB #1355 CW/WW (CW) 8/11/04 $2,957.64 

6 FASB #1355 CW/WW (CW) 9/15/04 $2,957.64 

7 FASB #1355 CW/WW (CW) 10/15/04 $2,957.64 

8 FASB #1355 CW/WW (CW) 11/15/04 $2,957.64 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 30 of 186
31

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

9 FASB #1355 CW/WW (CW) 12/6/04 $2,957.64 

10 FASB #1355 CW/WW (CW) 1/11/05 $2,957.64 

k. This loan was paid off on February 7, 2005 by a wire transfer of 

$408,178.58 from the First American State Bank account #111666 in the 

name of Colorado County & Community Title Operating Account.

OBJECTION TO OPINION #9

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #10

10. Opinions for the loan dated 4/9/04 to Waun Weingart by Chase Manhattan 

Mortgage for $320,000. (This loan is designated as Loan Code S-11) 

a. Loan proceeds of $314,027.17 were deposited by wire transfer into the 

First American State Bank account #111625 in the name of Colorado 

County & Community Title Money Market Account on 4/9/04.

b. The proceeds from this loan were used in part to fund the payoff of S-9.

c. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-11:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 6/18/04 $2,596.69 

2 ANB # 4723 WW (W) 7/16/04 $2,588.69 

3 ANB # 4723 WW (W) 8/12/04 $2,588.69 

4 ANB # 4723 WW (W) 9/16/04 $2,588.69 

5 ANB # 4723 WW (W) 10/18/04 $2,588.69 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 31 of 186
32

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

6 ANB # 4723 WW (W) 11/17/04 $2,588.69 

7 ANB # 4723 WW (W) 12/6/04 $2,588.69 

8 ANB # 4723 WW (W) 1/12/05 $2,588.69 

9 ANB # 4723 WW (W) 2/14/05 $2,588.69 

10 ANB # 4723 WW (W) 3/16/05 $2,588.69 

11 FASB #1355 CW/WW (CW) 4/18/05 $2,588.69 

12 FASB #1355 CW/WW (CW) 5/17/05 $2,588.69 

13 FASB #1355 CW/WW (CW) 6/20/05 $2,538.39 

14 FASB #1355 CW/WW (CW) 7/11/05 $2,538.39 

15 FASB #1355 CW/WW (CW) 8/10/05 $2,538.39 

16 FASB #1355 CW/WW (CW) 9/13/05 $2,465.75 

17 FASB #1355 CW/WW (CW) 10/7/05 $2,465.75 

18 ANB # 4723 WW (W) 11/15/05 $2,465.75 

19 ANB # 4723 WW (W) 12/7/05 $2,465.75 

20 ANB # 4723 WW (W) 1/12/06 $2,465.75 

21 ANB # 4723 WW (W) 2/9/06 $2,465.75 

22 ANB # 4723 WW (W) 3/8/06 $2,465.75 

23 ANB # 4723 WW (W) 4/6/06 $2,465.75 

24 ANB # 4723 WW (W) 5/17/06 $2,465.75 

25 ANB # 4723 WW (W) 6/8/06 $2,465.75 

26 ANB # 4723 WW (W) 7/17/06 $2,465.75 

27 ANB # 4723 WW (W) 8/14/06 $2,465.75 

28 ANB # 4723 WW (W) 9/8/06 $2,454.57 

29 GB #1321 WW/AW (WC) 10/12/06 $2,454.57 

30 ANB # 4723 WW (W) 10/12/06 $2,454.57 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 32 of 186
33

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

31 GB #1321 WW/AW (WC) 11/14/06 $2,454.57 

32 GB #1321 WW/AW (WC) 12/14/06 $2,454.57 

33 GB #1321 WW/AW (WC) 1/12/07 $2,454.57 

34 GB #1321 WW/AW (WC) 3/8/07 $2,454.57 

35 GB #1321 WW/AW (WC) 4/17/07 $2,454.57 

36 GB #1321 WW/AW (WC) 5/9/07 $2,454.57 

37 GB #1321 WW/AW (WC) 6/19/07 $2,454.57 

38 GB #1321 WW/AW (WC) 7/12/07 $2,454.57 

39 GB #1321 WW/AW (WC) 8/13/07 $2,593.51 

40 GB #1321 WW/AW (WC) 9/14/07 $2,593.51 

41 GB #1321 WW/AW (WC) 10/17/07 $2,593.51 

42 GB #1321 WW/AW (WC) 11/8/07 $2,593.51 

43 GB #1321 WW/AW (WC) 12/17/07 $2,593.51 

44 GB #1321 WW/AW (WC) 1/28/08 $2,701.31 

45 GB #1321 WW/AW (WC) 2/14/08 $2,601.51 

46 GB #1321 WW/AW (WC) 3/17/08 $2,593.51 

47 GB #1321 WW/AW (WC) 4/9/08 $2,593.51 

48 GB #1321 WW/AW (WC) 5/28/08 $2,593.51 

d. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #10

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 33 of 186
34

OPINION #11

11. Opinions for the loan dated 5/6/04 to Waun Weingart by Washington Mutual 

Bank for $400,000. (This loan is designated as Loan Code S-12)

a. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $351,620 liability to Countrywide 

Fund listed in the Liabilities Section of the loan application, or the debt of 

$351,620 to Countrywide Fund listed in the credit report. That liability and 

that debt actually correspond to the 8/24/1998 loan to Craig & Waun 

Weingart for $372,000 from Standard Financial Corp dba Standard Loans 

for the refinancing of 7766 Saxeborough Drive (Loan Code S-2).

b. 4325- 430 E. 5th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $350,306 liability to Loanworks 

listed in the Liabilities Section of the loan application, or the debt of 

$350,306 to Loanworks listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

c. 2122 W. 44th, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $349,780 liability to Option One listed in 

the Liabilities Section of the loan application, or the debt of $349,780 to 

Option One listed in the credit report. That liability and that debt actually 

correspond to the 10/12/2000 loan to Craig & Waun Weingart for 

$356,000 from Option One Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-6).

d. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $34,267 liability to “Benfcl/HFC” 

listed in the Liabilities Section of the loan application, or the debt of 

$34,267 to “Benfcl/HFC” listed in the credit report. That liability and that 

debt actually correspond to the 8/1/2002 loan to Craig & Waun Weingart 

for $35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

e. The 4/9/04 loan to Waun Weingart for $320,000 from Chase Manhattan 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S11) was outstanding as of 5/6/04 and was not listed on the loan 

application for S-12 as a liability and on the Schedule of Real Estate 

Owned.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 34 of 186
35

f. The 4/9/04 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 141 Lost Angel Road (Loan Code L-5) was 

outstanding as of 5/6/04 and was not listed on the loan application for S12 as a liability and on the Schedule of Real Estate Owned.

g. Loan proceeds of $405,426.64 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 5/6/04.

h. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar (Loan Code S-5). 

i. The proceeds from this loan were used in part to fund the payoff of Unk-1.

j. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-12:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 7/15/04 $1,802.46 

2 FASB #1355 CW/WW (CW) 8/12/04 $1,802.46 

3 FASB #1355 CW/WW (CW) 9/15/04 $1,802.46 

4 FASB #1355 CW/WW (CW) 10/15/04 $1,802.46 

5 FASB #1355 CW/WW (CW) 11/15/04 $1,802.46 

6 FASB #1355 CW/WW (CW) 12/6/04 $1,802.46 

7 FASB #1355 CW/WW (CW) 1/11/05 $1,802.46 

8 FASB #1355 CW/WW (CW) 2/11/05 $1,802.46 

9 FASB #1355 CW/WW (CW) 3/15/05 $1,802.46 

10 FASB #1355 CW/WW (CW) 4/18/05 $1,802.46 

11 FASB #1355 CW/WW (CW) 5/17/05 $1,802.46 

12 FASB #1355 CW/WW (CW) 6/20/05 $1,766.63 

13 FASB #1355 CW/WW (CW) 7/11/05 $1,868.60 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 35 of 186
36

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

14 FASB #1355 CW/WW (CW) 9/14/05 $3,796.85 

15 FASB #1355 CW/WW (CW) 10/7/05 $1,868.60 

16 ANB # 4723 WW (W) 11/15/05 $1,868.60 

17 ANB # 4723 WW (W) 12/7/05 $1,868.60 

18 ANB # 4723 WW (W) 1/12/06 $1,868.60 

19 ANB # 4723 WW (W) 2/9/06 $1,868.60 

20 ANB # 4723 WW (W) 3/8/06 $1,868.60 

21 ANB # 4723 WW (W) 4/6/06 $1,868.60 

22 ANB # 4723 WW (W) 6/8/06 $3,796.85 

23 ANB # 4723 WW (W) 7/17/06 $1,976.98 

24 ANB # 4723 WW (W) 8/4/06 $1,976.98 

25 ANB # 4723 WW (W) 9/8/06 $1,976.98 

26 ANB # 4723 WW (W) 10/13/06 $1,976.98 

27 ANB # 4723 WW (W) 11/14/06 $1,976.98 

28 ANB # 4723 WW (W) 12/14/06 $1,976.98 

29 ANB # 4723 WW (W) 1/12/07 $1,976.98 

30 ANB # 4723 WW (W) 2/12/07 $1,976.98 

31 ANB # 4723 WW (W) 3/8/07 $1,976.98 

32 ANB # 4723 WW (W) 4/16/07 $1,976.98 

33 ANB # 4723 WW (W) 5/9/07 $1,976.98 

34 ANB # 4723 WW (W) 6/19/07 $2,031.92 

35 ANB # 4723 WW (W) 7/11/07 $2,147.45 

36 ANB # 4723 WW (W) 8/13/07 $2,147.45 

37 ANB # 4723 WW (W) 9/13/07 $2,147.45 

38 ANB # 4723 WW (W) 10/16/07 $2,147.45 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 36 of 186
37

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

39 ANB # 4723 WW (W) 11/8/07 $2,147.45 

40 ANB # 4723 WW (W) 12/17/07 $2,147.45 

41 ANB # 4723 WW (W) 1/25/08 $2,230.25 

42 ANB # 4723 WW (W) 2/14/08 $2,147.45 

43 GB #1321 WW/AW (WC) 3/17/08 $2,147.45 

44 GB #1321 WW/AW (WC) 4/8/08 $2,147.45 

45 GB #1321 WW/AW (WC) 5/28/08 $2,147.45 

k. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #11

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #12

12. Opinions for the loan dated 11/15/04 to Waunita Weingart by Ohio Savings 

Bank for $360,400. (This loan is designated as Loan Code S-13)

a. The 7/29/99 loan to Craig and Waun Weingart for $363,300 from Broad 

Street Mortgage for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-3) was outstanding as of 11/15/04, but did not appear in the 

Liabilities Section of the loan application.

b. The 8/7/00 loan to Craig and Waun Weingart for $397,500 from Flagstar 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-5) was 

outstanding as of 11/15/04, but did not appear in the Liabilities Section of 

the loan application.

c. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code 

S-6) was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 37 of 186
38

d. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S-7) 

was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

e. The 4/9/04 loan to Waun Weingart for $320,000 from Chase Manhattan 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S11) was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

f. The 4/9/04 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 141 Lost Angel Road (Loan Code L-5) was 

outstanding as of 11/15/04, but did not appear in the Liabilities Section of 

the loan application.

g. The 5/6/04 loan to Waun Weingart for $400,000 from Washington Mutual 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-12) 

was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

h. The 5/24/04 loan to Waun Weingart for $444,500 from America's 

Wholesale Lender for the refinancing of 141 Lost Angel Road (Loan Code 

L-6) was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

i. The 10/25/04 loan to Waun Weingart for $397,000 from Washington 

Mutual Bank for the refinancing of 141 Lost Angel Road (Loan Code L-7) 

was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

j. The 11/15/04 loan to Waun Weingart for $400,000 from Lehman Brothers 

Bank for the refinancing of 141 Lost Angel Road (Loan Code L-8) was 

outstanding as of 11/15/04, but did not appear in the Liabilities Section of 

the loan application.

k. The 11/15/04 loan to Waun Weingart for $360,000 from Lehman Brothers 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-14) 

was outstanding as of 11/15/04, but did not appear in the Liabilities 

Section of the loan application.

l. The addresses, other than 7766 Saxeborough Dr. and 141 Lost Angel 

Road, listed in the Schedule of Real Estate Owned were not the properties 

which were pledged as collateral for the liabilities listed in opinions 6(a) 

through 6(k).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 38 of 186
39

m. Loan proceeds of $354,192.29 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 11/19/04.

n. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Option One (Loan Code S-6). 

o. The proceeds from this loan were used in part to fund the payoff of S-10.

p. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-13:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 1/14/05 $2,444.75 

2 FASB #1355 CW/WW (CW) 2/15/05 $2,444.75 

3 FASB #1355 CW/WW (CW) 3/18/05 $2,444.75 

4 FASB #1355 CW/WW (CW) 4/18/05 $2,533.12 

5 FASB #1355 CW/WW (CW) 5/20/05 $2,635.43 

6 FASB #1355 CW/WW (CW) 6/23/05 $2,635.43 

7 FASB #1355 CW/WW (CW) 7/12/05 $2,533.12 

8 FASB #1355 CW/WW (CW) 8/10/05 $2,533.12 

9 FASB #1355 CW/WW (CW) 9/14/05 $2,533.12 

10 FASB #1355 CW/WW (CW) 10/7/05 $2,533.12 

11 ANB # 4723 WW (W) 11/14/05 $2,533.12 

12 ANB # 4723 WW (W) 12/7/05 $2,477.86 

13 ANB # 4723 WW (W) 1/12/06 $2,477.86 

14 ANB # 4723 WW (W) 2/9/06 $2,477.86 

15 ANB # 4723 WW (W) 3/9/06 $2,465.36 

16 ANB # 4723 WW (W) 4/7/06 $2,465.36 

17 ANB # 4723 WW (W) 5/17/06 $2,465.36 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 39 of 186
40

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

18 ANB # 4723 WW (W) 6/9/06 $2,465.36 

19 ANB # 4723 WW (W) 7/18/06 $2,465.36 

20 ANB # 4723 WW (W) 8/7/06 $2,465.36 

21 ANB # 4723 WW (W) 9/11/06 $2,465.36 

22 ANB # 4723 WW (W) 10/13/06 $2,465.36 

23 ANB # 4723 WW (W) 11/15/06 $2,520.62 

24 ANB # 4723 WW (W) 12/15/06 $2,465.36 

25 ANB # 4723 WW (W) 1/16/07 $2,430.17 

26 ANB # 4723 WW (W) 2/9/07 $2,450.17 

27 ANB # 4723 WW (W) 3/9/07 $2,430.17 

28 ANB # 4723 WW (W) 4/17/07 $2,430.17 

29 ANB # 4723 WW (W) 5/9/07 $2,430.17 

30 ANB # 4723 WW (W) 6/20/07 $2,532.48 

31 ANB # 4723 WW (W) 7/12/07 $2,430.17 

32 ANB # 4723 WW (W) 8/14/07 $2,430.17 

33 ANB # 4723 WW (W) 9/14/07 $2,430.17 

34 ANB # 4723 WW (W) 10/17/07 $2,430.17 

35 ANB # 4723 WW (W) 11/9/07 $2,430.17 

36 ANB # 4723 WW (W) 12/18/07 $2,430.17 

37 ANB # 4723 WW (W) 1/28/08 $2,834.74 

38 ANB # 4723 WW (W) 2/15/08 $2,834.74 

39 GB #1321 WW/AW (WC) 3/18/08 $2,834.74 

40 GB #1321 WW/AW (WC) 4/9/08 $2,834.74 

q. This loan was not paid off as of May 31, 2008.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 40 of 186
41

OBJECTION TO OPINION #12

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #13

13. Opinions for the loan dated 11/15/04 to Waun Weingart by Lehman Brothers 

Bank for $360,000. (This loan is designated as Loan Code S-14)

a. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $32,799 liability to Beneficial/HFC 

listed in the Liabilities Section of the loan application, and the debt of 

$32,799 to Beneficial/HFC listed in the credit report. That liability and that 

debt actually correspond to the 8/1/2002 loan to Craig & Waun Weingart 

for $35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

b. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $385,997 liability to Flagstar Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$385,997 to Flagstar Bank listed in the credit report. That liability and that 

debt actually correspond to the 8/7/2000 loan to Craig & Waun Weingart 

for $397,500 from Flagstar Bank for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-5).

c. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $399,143 liability to “WAMU” listed 

in the Liabilities Section of the loan application, or the debt of $399,143 to 

“Wshngtn Mutl” listed in the credit report. That liability and that debt 

actually correspond to the 5/6/2004 loan to Waun Weingart for $400,000 

from Washington Mutual Bank (WAMU) for the refinancing of 7766 

Saxeborough Drive (Loan Code S-12).

d. 421-430 E. 6th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $347,452 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$347,452 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 41 of 186
42

e. 7603 SW California St, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $444,500 liability to Countrywide 

Fund listed in the Liabilities Section of the loan application, or the debt of 

$444,500 to Countrywide Fund listed in the credit report. That liability and 

that debt actually correspond to the 5/24/2004 loan to Waun Weingart for 

$444,500 from America's Wholesale Lender for the refinancing of 141 

Lost Angel Road (Loan Code L-6).

f. La Jolla, CA, a location listed on the Schedule of Real Estate Owned 

Section of the loan application, is not the location of the property which 

was pledged as collateral for part of the $728,261 liability to “Chase 

Manhattan Mort” listed in the Liabilities Section of the loan application, or 

the debt of $409,034 to “Chase Manhattan Mortga” listed in the credit 

report. Part of that liability and that debt actually correspond to the 

4/9/2004 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 141 Lost Angel Road (Loan Code L-5).

g. Seattle, WA, a location listed on the Schedule of Real Estate Owned 

Section of the loan application, is not the location of the property which 

was pledged as collateral for part the $728,261 liability to “Chase 

Manhattan Mort” listed in the Liabilities Section of the loan application, or 

the debt of $319,227 to Chase Manhattan Mortgage listed in the credit 

report. Part of that liability and that debt actually correspond to the 

4/9/2004 loan to Waun Weingart for $320,000 from Chase Manhattan 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S11).

h. The 10/25/04 loan to Waun Weingart for $397,000 from Washington 

Mutual Bank for the refinancing of 141 Lost Angel Road (Loan Code L-7) 

was outstanding as of 11/15/04 and was not listed on the loan application 

for S-14 as a liability and on the Schedule of Real Estate Owned.

i. The 11/15/04 loan to Waunita Weingart for $360,400 from Ohio Savings 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-13) 

was outstanding as of 11/15/04 and was not listed on the loan application 

for S-14 as a liability and on the Schedule of Real Estate Owned.

j. The 11/15/04 loan to Waun Weingart for $400,000 from Lehman Brothers 

Bank for the refinancing of 141 Lost Angel Road (Loan Code L-8) was 

outstanding as of 11/15/04 and was not listed on the loan application for 

S-14 as a liability and on the Schedule of Real Estate Owned.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 42 of 186
43

k. Loan proceeds of $353,283.29 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 11/19/04.

l. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Option One (Loan Code S-6). 

m. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-14:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 1/12/05 $2,695.29 

2 FASB #1355 CW/WW (CW) 2/9/05 $2,695.29 

3 FASB #1355 CW/WW (CW) 3/16/05 $2,695.29 

4 FASB #1355 CW/WW (CW) 4/19/05 $2,695.29 

5 FASB #1355 CW/WW (CW) 5/17/05 $2,706.71 

6 FASB #1355 CW/WW (CW) 6/20/05 $2,706.71 

7 FASB #1355 CW/WW (CW) 7/11/05 $2,706.71 

8 FASB #1355 CW/WW (CW) 8/11/05 $2,706.71 

9 FASB #1355 CW/WW (CW) 9/15/05 $2,706.71 

10 FASB #1355 CW/WW (CW) 10/7/05 $2,706.71 

11 ANB # 4723 WW (W) 11/15/05 $2,706.71 

12 ANB # 4723 WW (W) 12/8/05 $2,706.71 

13 ANB # 4723 WW (W) 1/10/06 $2,706.71 

14 ANB # 4723 WW (W) 2/10/06 $2,706.71 

15 ANB # 4723 WW (W) 3/9/06 $2,706.71 

16 ANB # 4723 WW (W) 4/7/06 $2,696.71 

17 ANB # 4723 WW (W) 5/12/06 $2,702.28 

18 ANB # 4723 WW (W) 6/9/06 $2,702.28 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 43 of 186
44

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

19 ANB # 4723 WW (W) 7/18/06 $2,702.28 

20 ANB # 4723 WW (W) 8/15/06 $2,702.28 

21 ANB # 4723 WW (W) 9/11/06 $2,702.28 

22 ANB # 4723 WW (W) 10/13/06 $2,702.28 

23 ANB # 4723 WW (W) 11/15/06 $2,702.28 

24 ANB # 4723 WW (W) 12/15/06 $2,702.28 

25 ANB # 4723 WW (W) 1/16/07 $2,702.28 

26 ANB # 4723 WW (W) 2/15/07 $2,702.28 

27 ANB # 4723 WW (W) 3/9/07 $2,702.28 

28 ANB # 4723 WW (W) 4/17/07 $2,702.28 

29 ANB # 4723 WW (W) 5/11/07 $2,723.75 

30 ANB # 4723 WW (W) 6/13/07 $2,723.75 

31 ANB # 4723 WW (W) 7/13/07 $2,723.75 

32 ANB # 4723 WW (W) 8/14/07 $2,723.75 

33 ANB # 4723 WW (W) 9/14/07 $2,733.75 

34 ANB # 4723 WW (W) 10/17/07 $2,733.75 

35 GB #1321 WW/AW (WC) 11/9/07 $2,723.75 

36 ANB # 4723 WW (W) 12/18/07 $2,733.75 

37 ANB # 4723 WW (W) 1/28/08 $2,849.01 

38 ANB # 4723 WW (W) 2/26/08 $2,743.75 

39 GB #1321 WW/AW (WC) 3/17/08 $2,849.01 

n. This loan was paid off on April 2, 2008 by a wire transfer for $348,355.16 

from the Guaranty Bank account #55011321 in the name of Waunita R. 

Weingart and Alois Craig Weingart.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 44 of 186
45

OBJECTION TO OPINION #13

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #14

14. Opinions for the loan dated 8/19/05 to Waun Weingart by Ameriquest 

Mortgage Company for $496,000. (This loan is designated as Loan Code S15)

a. 790 Magnolia St, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $401,761 liability to Washington 

Mutual FA listed in the Liabilities Section of the loan application, or the 

debt of $401,761 to Washington Mutual listed in the credit report. That 

liability and that debt actually correspond to the 5/6/2004 loan to Waun 

Weingart for $400,000 from Washington Mutual Bank (WAMU) for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-12).

b. 770 Sunrise Pl, Pheonix [sic], AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $405,688 liability to “Chase 

Manhattan Mort” listed in the Liabilities Section of the loan application, or 

the debt of $405,688 to “Chase Manhattan M” listed in the credit report. 

That liability and that debt actually correspond to the 4/9/2004 loan to 

Waun Weingart for $410,000 from Chase Manhattan Mortgage for the 

refinancing of 141 Lost Angel Road (Loan Code L-5).

c. 7605 California, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $32,403 liability to Beneficial/HFC listed 

in the Liabilities Section of the loan application, or the debt of $32,403 to 

Beneficial/HFC listed in the credit report. That liability and that debt 

actually correspond to the 8/1/2002 loan to Craig & Waun Weingart for 

$35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

d. 259 Falcons Fire Ave, Las Vegas, NV, an address listed on the Schedule 

of Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $357,739 liability to Aurora Loan 

Services listed in the Liabilities Section of the loan application, or the debt 

of $357,739 to ”Aurora Loan Servi” listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 45 of 186
46

Weingart for $360,000 from Lehman Brothers Bank for the refinancing of 

7766 Saxeborough Drive (Loan Code S-14).

e. 2122 W. 44th Ave, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $396,949 liability to Washington Mutual 

FA listed in the Liabilities Section of the loan application, or the debt of 

$396,949 to Washington Mutual listed in the credit report. That liability 

and that debt actually correspond to the 10/25/2004 loan to Waun 

Weingart for $397,000 from Washington Mutual Bank (WAMU) for the 

refinancing of 141 Lost Angel Road (Loan Code L-7).

f. 777 Sunrise Pl, Pheonix [sic], AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $316,552 liability to “Chase 

Manhattan Mort” listed in the Liabilities Section of the loan application, or 

the debt of $316,552 to “Chase Manhattan M” listed in the credit report. 

That liability and that debt actually correspond to the 4/9/2004 loan to 

Waun Weingart for $320,000 from Chase Manhattan Mortgage for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-11).

g. 7605 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $342,721 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$342,721 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

h. 3165 S. Ogden, La Jolla, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $397,488 liability to Aurora Loan 

Services listed in the Liabilities Section of the loan application, or the debt 

of $397,488 to “Aurora Loan Servi” listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Weingart for $400,000 from Lehman Brothers Bank for the refinancing of 

141 Lost Angel Road (Loan Code L-8). 

i. 249 Falcons Fire Ave., Las Vegas, NV, an address listed on the Schedule 

of Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $359,293 liability to Ohio Savings 

Bank listed in the Liabilities Section of the loan application, or the debt of 

$359,293 to Ohio Savings Bank listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 46 of 186
47

Weingart for $360,400 from Ohio Savings Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-13).

j. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 8/19/05, but was not listed on the loan application 

for S-15 as a liability or on the Schedule of Real Estate Owned.

k. Loan proceeds of $483,408.46 were deposited by wire transfer into the 

American National Bank account #70231142 in the name of Real Estate 

Title LLC on 8/26/05.

l. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar Bank (Loan Code S-5). 

m. The proceeds from this loan were used in part to fund the payoff of Unk-2.

n. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-15:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 10/7/05 $3,492.67 

2 ANB # 4723 WW (W) 11/14/05 $3,492.67 

3 ANB # 4723 WW (W) 12/7/05 $3,492.67 

4 ANB # 4723 WW (W) 1/12/06 $3,492.67 

5 ANB # 4723 WW (W) 2/9/06 $3,492.67 

6 ANB # 4723 WW (W) 3/6/06 $3,492.67 

7 ANB # 4723 WW (W) 4/6/06 $3,492.67 

8 ANB # 4723 WW (W) 5/16/06 $3,492.67 

9 ANB # 4723 WW (W) 6/8/06 $3,492.67 

10 ANB # 4723 WW (W) 7/17/06 $3,492.67 

11 ANB # 4723 WW (W) 8/14/06 $3,492.67 

12 ANB # 4723 WW (W) 9/12/06 $3,492.67 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 47 of 186
48

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

13 ANB # 4723 WW (W) 10/13/06 $3,492.67 

14 ANB # 4723 WW (W) 11/14/06 $3,492.67 

15 ANB # 4723 WW (W) 12/14/06 $3,492.67 

16 ANB # 4723 WW (W) 1/12/07 $3,492.67 

17 ANB # 4723 WW (W) 2/13/07 $3,492.67 

18 ANB # 4723 WW (W) 3/8/07 $3,492.67 

19 ANB # 4723 WW (W) 4/16/07 $3,492.67 

20 ANB # 4723 WW (W) 5/8/07 $3,492.67 

21 ANB # 4723 WW (W) 6/19/07 $3,492.67 

22 ANB # 4723 WW (W) 7/12/07 $3,492.67 

23 ANB # 4723 WW (W) 8/13/07 $3,492.67 

24 ANB # 4723 WW (W) 9/13/07 $3,492.67 

25 ANB # 4723 WW (W) 10/16/07 $3,492.67 

26 ANB # 4723 WW (W) 11/8/07 $3,492.67 

27 ANB # 4723 WW (W) 12/14/07 $3,492.67 

28 ANB # 4723 WW (W) 1/28/08 $3,492.67 

29 ANB # 4723 WW (W) 2/14/08 $3,885.50 

30 GB #1321 WW/AW (WC) 3/14/08 $3,885.50 

31 GB #1321 WW/AW (WC) 4/8/08 $3,885.50 

32 GB #1321 WW/AW (WC) 5/27/08 $3,885.50 

o. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #14

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 48 of 186
49

OPINION #15

15. Opinions for the loan dated 8/26/05 to Craig Weingart by World Savings 

Bank for $406,250. (This loan is designated as Loan Code S-16)

a. It is highly probable that 790 Magnolia Way, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $412,719 liability to EMC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $412,719 to EMC Mortgage listed in the credit report. That liability and 

that debt actually correspond to the 10/22/2003 loan to Alois Weingart for 

$420,000 from Peoples Choice Home Loan for the refinancing of as an yet 

unidentified property (Loan Code Unk-2).

b. 141 Lost Angel Rd, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $392,860 liability to GMAC Mortgage Corp 

listed in the Liabilities Section of the loan application, or the debt of 

$392,860 to GMAC Mortgage Corp listed in the credit report. That liability 

and that debt actually correspond to the 1/27/2003 loan to Craig Weingart 

for $400,000 from General Mortgage Corp of America for the refinancing 

of 7766 Saxeborough Drive (Loan Code S-8).

c. 2122 West 44th Avenue, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $342,721 liability to Indymac Bank listed in 

the Liabilities Section of the loan application, or the debt of $342,721 to 

Indymac Bank listed in the credit report. That liability and that debt 

actually correspond to the 7/29/1999 loan to Craig & Waun Weingart for 

$363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 8/26/05, but was not listed on the loan application 

for S-16 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 8/26/05, but was not listed on the loan application for S16 as a liability or on the Schedule of Real Estate Owned.

f. Loan proceeds of $404,650.05 were deposited by wire transfer into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 8/31/05.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 49 of 186
50

g. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar Bank (Loan Code S-5). 

h. The proceeds from this loan were used in part to fund the payoff of Unk-2.

i. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-16:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 10/11/05 $1,402.06 

2 ANB # 4723 WW (W) 11/14/05 $1,989.66 

3 ANB # 4723 WW (W) 12/7/05 $1,402.06 

4 ANB # 4723 WW (W) 1/9/06 $1,402.06 

5 ANB # 4723 WW (W) 2/9/06 $1,402.06 

6 ANB # 4723 WW (W) 3/6/06 $1,402.06 

7 ANB # 4723 WW (W) 4/6/06 $1,402.06 

8 ANB # 4723 WW (W) 5/16/06 $1,402.06 

9 ANB # 4723 WW (W) 6/8/06 $1,402.06 

10 ANB # 4723 WW (W) 7/17/06 $1,668.73 

11 ANB # 4723 WW (W) 8/14/06 $1,668.73 

12 ANB # 4723 WW (W) 9/12/06 $1,668.73 

13 ANB # 4723 WW (W) 10/13/06 $1,773.88 

14 ANB # 4723 WW (W) 11/14/06 $1,773.88 

15 ANB # 4723 WW (W) 12/14/06 $1,773.88 

16 ANB # 4723 WW (W) 1/12/07 $1,773.88 

17 ANB # 4723 WW (W) 2/12/07 $1,884.99 

18 ANB # 4723 WW (W) 3/7/07 $1,884.99 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 50 of 186
51

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

19 ANB # 4723 WW (W) 4/16/07 $1,884.99 

20 ANB # 4723 WW (W) 5/8/07 $1,884.99 

21 ANB # 4723 WW (W) 6/18/07 $1,759.06 

22 ANB # 4723 WW (W) 7/11/07 $1,759.06 

23 ANB # 4723 WW (W) 8/13/07 $1,759.06 

24 ANB # 4723 WW (W) 9/13/07 $1,759.06 

25 ANB # 4723 WW (W) 10/16/07 $1,872.10 

26 ANB # 4723 WW (W) 11/9/07 $1,872.10 

27 ANB # 4723 WW (W) 12/18/07 $1,872.10 

28 ANB # 4723 WW (W) 1/25/08 $1,991.85 

29 ANB # 4723 WW (W) 2/14/08 $1,991.85 

30 GB #1321 WW/AW (WC) 4/8/08 $1,991.85 

31 GB #1321 WW/AW (WC) 4/16/08 $1,991.85 

32 GB #1321 WW/AW (WC) 5/16/08 $1,991.85 

33 GB #1321 WW/AW (WC) 6/17/08 $1,837.02 

j. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #15

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #16

16. Opinions for the loan dated 8/31/05 to Craig Weingart by Ocwen Loan 

Servicing for $492,000. (This loan is designated as Loan Code S-17)

a. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $412,719 liability to EMC 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 51 of 186
52

Mortgage listed on the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $412,719 to EMC Mortgage listed in the credit 

report. That liability and that debt actually correspond to the 10/22/2003 

loan to Alois Weingart for $420,000 from Peoples Choice Home Loan for 

the refinancing of as an yet unidentified property (Loan Code Unk-2).

b. 3165 South Augdon, LaJalla, CA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property

which was pledged as collateral for the $392,860 liability to GMAC 

Mortgage listed on the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $392,860 to GMAC Mortgage Corp listed in the 

credit report. That liability and that debt actually correspond to the 

1/27/2003 loan to Craig Weingart for $400,000 from General Mortgage 

Corp of America for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-8).

c. 2122 West 44th Ave., Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $342,721 liability to “Indy Mac” 

listed on the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $342,721 to Indymac Bank listed in the credit 

report. That liability and that debt actually correspond to the 7/29/1999 

loan to Craig & Waun Weingart for $363,300 from Broad Street Mortgage 

for the refinancing of 7766 Saxeborough Drive (Loan Code S-3).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 8/31/05, but was not listed on the loan application 

for S-17 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 8/31/05, but was not listed on the loan application for S17 as a liability or on the Schedule of Real Estate Owned.

f. The 8/26/05 loan to Craig Weingart for $406,250 from World Savings 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-16) was 

outstanding as of 8/31/05, but was not listed on the loan application for S17 as a liability or on the Schedule of Real Estate Owned. 

g. Loan proceeds of $479,877.25 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 9/8/05.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 52 of 186
53

h. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar (Loan Code S-5). 

i. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-17:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 11/15/05 $3,232.09 

2 ANB # 4723 WW (W) 12/7/05 $3,232.09 

3 ANB # 4723 WW (W) 1/12/06 $3,232.09 

4 ANB # 4723 WW (W) 2/9/06 $3,232.09 

5 ANB # 4723 WW (W) 3/8/06 $3,232.09 

6 ANB # 4723 WW (W) 4/6/06 $3,232.09 

7 ANB # 4723 WW (W) 5/16/06 $3,232.09 

8 ANB # 4723 WW (W) 6/8/06 $3,232.09 

9 ANB # 4723 WW (W) 7/17/06 $3,232.09 

10 ANB # 4723 WW (W) 8/14/06 $3,232.09 

11 ANB # 4723 WW (W) 9/22/06 $3,393.69 

12 ANB # 4723 WW (W) 10/13/06 $3,232.09 

13 ANB # 4723 WW (W) 11/14/06 $3,232.09 

14 ANB # 4723 WW (W) 12/14/06 $3,232.09 

15 ANB # 4723 WW (W) 1/12/07 $3,232.09 

16 ANB # 4723 WW (W) 2/9/07 $3,232.09 

17 ANB # 4723 WW (W) 3/7/07 $3,232.09 

18 ANB # 4723 WW (W) 4/16/07 $3,232.09 

19 ANB # 4723 WW (W) 5/8/07 $3,232.09 

20 ANB # 4723 WW (W) 6/12/07 $3,232.09 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 53 of 186
54

21 ANB # 4723 WW (W) 7/11/07 $3,232.09 

22 ANB # 4723 WW (W) 8/13/07 $3,232.09 

23 ANB # 4723 WW (W) 9/13/07 $3,232.09 

24 ANB # 4723 WW (W) 10/16/07 $3,232.09 

25 ANB # 4723 WW (W) 11/8/07 $3,232.09 

26 ANB # 4723 WW (W) 12/18/07 $3,232.09 

27 ANB # 4723 WW (W) 1/25/08 $3,393.69 

28 ANB # 4723 WW (W) 2/14/08 $3,232.09 

29 GB #1321 WW/AW (WC) 3/17/08 $3,232.09 

30 GB #1321 WW/AW (WC) 4/8/08 $3,232.09 

31 GB #1321 WW/AW (WC) 5/27/08 $3,232.09 

j. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #16

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #17

17. Opinions for the loan dated 9/7/05 to Craig Weingart by Chevy Chase Bank 

for $400,000. (This loan is designated as Loan Code S-18)

a. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $413,103 liability to EMC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $413,103 to EMC Mortgage listed in the credit report. That liability and 

that debt actually correspond to the 10/22/2003 loan to Alois Weingart for 

$420,000 from Peoples Choice Home Loan for the refinancing of as an yet 

unidentified property (Loan Code Unk-2).

b. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $392,860 liability to GMAC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 54 of 186
55

of $392,860 to GMAC Mortgage listed in the credit report. That liability 

and that debt actually correspond to the 1/27/2003 loan to Craig Weingart 

for $400,000 from General Mortgage Corp of America for the refinancing 

of 7766 Saxeborough Drive (Loan Code S-8).

c. 2122 West 44th Ave., Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $343,164 liability to Indymac-HLS 

listed in the Liabilities Section of the loan application, or the debt of 

$343,164 to Indymac-HLS listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 9/7/05, but was not listed on the loan application for 

S-18 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 9/7/05, but was not listed on the loan application for S18 as a liability or on the Schedule of Real Estate Owned.

f. The 8/26/05 loan to Craig Weingart for $406,250 from World Savings 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-16) was 

outstanding as of 9/7/05, but was not listed on the loan application for S18 as a liability or on the Schedule of Real Estate Owned.

g. The 8/31/05 loan to Craig Weingart for $492,000 from Ocwen Loan 

Servicing for the refinancing of 7766 Saxeborough (Loan Code S-17) was 

outstanding as of 9/7/05, but was not listed on the loan application for S18 as a liability or on the Schedule of Real Estate Owned.

h. Loan proceeds of $409,385.49 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 9/12/05.

i. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar (Loan Code S-5). 

j. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-18:

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 55 of 186
56

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 11/17/05 $1,726.45 

2 ANB # 4723 WW (W) 12/9/05 $1,726.45 

3 ANB # 4723 WW (W) 1/13/06 $1,726.45 

4 ANB # 4723 WW (W) 2/10/06 $1,726.45 

5 ANB # 4723 WW (W) 3/10/06 $1,737.45 

6 ANB # 4723 WW (W) 4/7/06 $1,748.45 

7 ANB # 4723 WW (W) 5/15/06 $1,759.45 

8 ANB # 4723 WW (W) 6/9/06 $1,748.45 

9 ANB # 4723 WW (W) 7/19/06 $1,759.45 

10 ANB # 4723 WW (W) 8/7/06 $1,733.44 

11 ANB # 4723 WW (W) 9/11/06 $1,744.44 

12 ANB # 4723 WW (W) 10/16/06 $1,755.44 

13 ANB # 4723 WW (W) 11/15/06 $1,829.93 

14 ANB # 4723 WW (W) 12/15/06 $1,929.93 

15 ANB # 4723 WW (W) 1/16/07 $1,929.93 

16 ANB # 4723 WW (W) 2/14/07 $1,929.23 

17 ANB # 4723 WW (W) 3/8/07 $1,829.93 

18 ANB # 4723 WW (W) 4/17/07 $1,829.93 

19 ANB # 4723 WW (W) 5/10/07 $1,829.93 

20 GB #1321 WW/AW (WC) 6/20/07 $1,840.93 

21 ANB # 4723 WW (W) 7/13/07 $1,834.11 

22 ANB # 4723 WW (W) 8/14/07 $1,834.11 

23 ANB # 4723 WW (W) 9/14/07 $1,845.11 

24 GB #1321 WW/AW (WC) 10/18/07 $1,845.11 

25 ANB # 4723 WW (W) 11/13/07 $1,937.83 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 56 of 186
57

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

26 ANB # 4723 WW (W) 12/19/07 $1,937.83 

27 ANB # 4723 WW (W) 1/28/08 $1,937.83 

28 ANB # 4723 WW (W) 2/15/08 $1,937.83 

29 GB #1321 WW/AW (WC) 3/18/08 $1,948.83 

30 GB #1321 WW/AW (WC) 4/9/08 $1,948.83 

31 GB #1321 WW/AW (WC) 5/28/08 $1,937.83 

k. This loan was not paid off as of May 31, 2008.

OBJECTION OPINION #17

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #18

18. Opinions for the loan dated 9/21/05 to Craig Weingart by National City 

Mortgage for $425,000. (This loan is designated as Loan Code S-19)

a. 2122 West 44th Ave., Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $342,721 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$342,721 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3). 

b. 3165 S. Ogden, La Jolla, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $392,860 liability to “GMAC Mort.” listed 

in the Liabilities Section of the loan application, or the debt of $392,860 to 

GMAC Mortgage listed in the credit report. That liability and that debt 

actually correspond to the 1/27/2003 loan to Craig Weingart for $400,000 

from General Mortgage Corp of America for the refinancing of 7766 

Saxeborough Drive (Loan Code S-8).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 57 of 186
58

c. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $412,719 liability to EMC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $412,719 to EMC Mortgage listed in the credit report. That liability and 

that debt actually correspond to the 10/22/2003 loan to Alois Weingart for 

$420,000 from Peoples Choice Home Loan for the refinancing of as an yet 

unidentified property (Loan Code Unk-2).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 9/21/05, but was not listed on the loan application 

for S-19 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 9/21/05, but was not listed on the loan application for S19 as a liability or on the Schedule of Real Estate Owned.

f. The 8/26/05 loan to Craig Weingart for $406,250 from World Savings 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-16) was 

outstanding as of 9/21/05, but was not listed on the loan application for S19 as a liability or on the Schedule of Real Estate Owned.

g. The 8/31/05 loan to Craig Weingart for $492,000 from Ocwen Loan

Servicing for the refinancing of 7766 Saxeborough (Loan Code S-17) was 

outstanding as of 9/21/05, but was not listed on the loan application for S19 as a liability or on the Schedule of Real Estate Owned.

h. The 9/7/05 loan to Craig Weingart for $400,000 from Chevy Chase Bank 

for the refinancing of 7766 Saxeborough (Loan Code S-18) was 

outstanding as of 9/21/05, but was not listed on the loan application for S19 as a liability or on the Schedule of Real Estate Owned.

i. Loan proceeds of $421,781.60 were deposited by cashiers check into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 9/27/05.

j. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 58 of 186
59

k. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-19:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 11/14/05 $2,691.29 

2 ANB # 4723 WW (W) 12/7/05 $2,691.29 

3 ANB # 4723 WW (W) 1/12/06 $2,691.29 

4 ANB # 1142 RET (WJ) 3/1/06 $2,703.29 

5 ANB # 4723 WW (W) 3/6/06 $2,691.29 

6 ANB # 4723 WW (W) 4/6/06 $2,892.20 

7 GB #1321 WW/AW (WC) 5/16/06 $2,764.89 

8 GB #1321 WW/AW (WC) 6/8/06 $2,757.89 

9 GB #1321 WW/AW (WC) 7/17/06 $2,764.89 

10 GB #1321 WW/AW (WC) 8/14/06 $2,757.89 

11 ANB # 4723 WW (W) 9/12/06 $2,757.89 

12 ANB # 4723 WW (W) 10/13/06 $2,757.89 

13 ANB # 4723 WW (W) 11/14/06 $2,757.89 

14 ANB # 4723 WW (W) 12/14/06 $2,757.89 

15 ANB # 4723 WW (W) 1/12/07 $2,757.89 

16 ANB # 4723 WW (W) 2/12/07 $2,757.89 

17 ANB # 4723 WW (W) 3/7/07 $2,757.89 

18 ANB # 4723 WW (W) 4/16/07 $2,757.89 

19 ANB # 4723 WW (W) 5/8/07 $2,757.89 

20 ANB # 4723 WW (W) 6/18/07 $2,764.89 

21 ANB # 4723 WW (W) 7/11/07 $2,757.89 

22 ANB # 4723 WW (W) 8/13/07 $2,757.89 

23 ANB # 4723 WW (W) 9/13/07 $2,757.89 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 59 of 186
60

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

24 GB #1321 WW/AW (WC) 10/16/07 $2,764.89 

25 GB #1321 WW/AW (WC) 11/8/07 $2,757.89 

26 ANB # 4723 WW (W) 12/18/07 $2,764.89 

27 ANB # 4723 WW (W) 1/25/08 $2,899.20 

28 ANB # 4723 WW (W) 2/14/08 $2,757.89 

29 GB #1321 WW/AW (WC) 3/17/08 $2,764.89 

30 GB #1321 WW/AW (WC) 4/8/08 $2,757.89 

31 GB #1321 WW/AW (WC) 5/27/08 $2,899.20 

l. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #18

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #19

19. Opinions for the loan dated 10/7/05 to Craig Weingart by Irwin Mortgage for 

$386,500. (This loan is designated as Loan Code S-20)

a. It is highly probable that 790 Magnolia Way, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $412,332 liability to EMC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $412,332 to EMC Mortgage listed in the credit report. That liability and 

that debt actually correspond to the 10/22/2003 loan to Alois Weingart for 

$420,000 from Peoples Choice Home Loan for the refinancing of as an yet 

unidentified property (Loan Code Unk-2).

b. 3165 Ogden S., an address listed on the Schedule of Real Estate Owned 

Section of the loan application, is not the property which was pledged as 

collateral for the $392,304 liability to “GMAC Mort.” listed in the Liabilities 

Section of the loan application, or the debt of $392,304 to “GMAC Mort” 

listed in the credit report. That liability and that debt actually correspond to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 60 of 186
61

the 1/27/2003 loan to Craig Weingart for $400,000 from General Mortgage 

Corp of America for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-8).

c. 2122 West 44th Ave., an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $342,275 liability to Indymac Bank listed in 

the Liabilities Section of the loan application, or the debt of $342,275 to 

Indymac Bank listed in the credit report. That liability and that debt 

actually correspond to the 7/29/1999 loan to Craig & Waun Weingart for 

$363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 10/7/05, but was not listed on the loan application 

for S-20 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 10/7/05, but was not listed on the loan application for S20 as a liability or on the Schedule of Real Estate Owned.

f. The 8/26/05 loan to Craig Weingart for $406,250 from World Savings 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-16) was 

outstanding as of 10/7/05, but was not listed on the loan application for S20 as a liability or on the Schedule of Real Estate Owned.

g. The 8/31/05 loan to Craig Weingart for $492,000 from Ocwen Loan 

Servicing for the refinancing of 7766 Saxeborough (Loan Code S-17) was 

outstanding as of 10/7/05, but was not listed on the loan application for S20 as a liability or on the Schedule of Real Estate Owned.

h. The 9/7/05 loan to Craig Weingart for $400,000 from Chevy Chase Bank 

for the refinancing of 7766 Saxeborough (Loan Code S-18) was 

outstanding as of 10/7/05, but was not listed on the loan application for S20 as a liability or on the Schedule of Real Estate Owned.

i. The 9/21/05 loan to Craig Weingart for $425,000 from National City 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-19) was 

outstanding as of 10/7/05, but was not listed on the loan application for S20 as a liability or on the Schedule of Real Estate Owned.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 61 of 186
62

j. Loan proceeds of $380,909.66 were deposited by wire transfer into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 10/13/05.

k. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar Bank (Loan Code S-5).

l. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-20:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 12/8/05 $2,416.26 

2 ANB # 4723 WW (W) 1/18/06 $2,411.26 

3 ANB # 4723 WW (W) 2/10/06 $2,411.26 

4 ANB # 4723 WW (W) 3/7/06 $2,411.26 

5 ANB # 4723 WW (W) 4/7/06 $2,411.26 

6 ANB # 4723 WW (W) 5/17/06 $2,411.26 

7 ANB # 4723 WW (W) 6/9/06 $2,411.26 

8 ANB # 4723 WW (W) 7/18/06 $2,411.26 

9 ANB # 4723 WW (W) 8/7/06 $2,411.26 

10 ANB # 4723 WW (W) 9/11/06 $2,411.26 

11 ANB # 4723 WW (W) 10/16/06 $2,411.26 

12 ANB # 4723 WW (W) 11/15/06 $2,411.26 

13 ANB # 4723 WW (W) 12/15/06 $2,411.26 

14 ANB # 4723 WW (W) 1/16/07 $2,411.26 

15 ANB # 4723 WW (W) 2/14/07 $2,411.26 

16 ANB # 4723 WW (W) 3/9/07 $2,411.26 

17 ANB # 4723 WW (W) 4/17/07 $2,411.26 

18 ANB # 4723 WW (W) 5/9/07 $2,411.26 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 62 of 186
63

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

19 ANB # 4723 WW (W) 6/19/07 $2,411.26 

20 ANB # 4723 WW (W) 7/12/07 $2,411.26 

21 ANB # 4723 WW (W) 8/13/07 $2,411.26 

22 ANB # 4723 WW (W) 9/14/07 $2,411.26 

23 ANB # 4723 WW (W) 10/16/07 $2,411.26 

24 ANB # 4723 WW (W) 11/8/07 $2,411.26 

25 ANB # 4723 WW (W) 12/18/07 $2,411.26 

26 ANB # 4723 WW (W) 1/25/08 $2,411.26 

27 ANB # 4723 WW (W) 2/14/08 $2,411.26 

28 GB #1321 WW/AW (WC) 3/17/08 $2,411.26 

29 GB #1321 WW/AW (WC) 4/8/08 $2,411.26 

30 GB #1321 WW/AW (WC) 5/27/08 $2,411.26 

m. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #19

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #20

20. Opinions for the loan dated 10/13/05 to Craig Weingart by WMC Mortgage 

for $400,000. (This loan is designated as Loan Code S-21)

a. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $413,103 liability to EMC 

Mortgage listed in the Liabilities Section of the loan application. That 

liability actually corresponds to the 10/22/2003 loan to Alois Weingart for 

$420,000 from Peoples Choice Home Loan for the refinancing of as an yet 

unidentified property (Loan Code Unk-2).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 63 of 186
64

b. 3165 S. Odgen, La Jolla, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $392,860 liability to GMAC Mortgage 

listed in the Liabilities Section of the loan application. That liability actually 

corresponds to the 1/27/2003 loan to Craig Weingart for $400,000 from 

General Mortgage Corp of America for the refinancing of 7766 

Saxeborough Drive (Loan Code S-8).

c. 2122 West 44th Ave., Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $343,164 liability to Indymac-HLS 

listed in the Liabilities Section of the loan application. That liability actually 

corresponds to the 7/29/1999 loan to Craig & Waun Weingart for $363,300 

from Broad Street Mortgage for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-3).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 10/13/05, but was not listed on the loan application 

for S-21 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 10/13/05, but was not listed on the loan application for 

S-21 as a liability or on the Schedule of Real Estate Owned.

f. The 8/26/05 loan to Craig Weingart for $406,250 from World Savings 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-16) was 

outstanding as of 10/13/05, but was not listed on the loan application for 

S-21 as a liability or on the Schedule of Real Estate Owned.

g. The 8/31/05 loan to Craig Weingart for $492,000 from Ocwen Loan 

Servicing for the refinancing of 7766 Saxeborough (Loan Code S-17) was 

outstanding as of 10/13/05, but was not listed on the loan application for 

S-21 as a liability or on the Schedule of Real Estate Owned.

h. The 9/7/05 loan to Craig Weingart for $400,000 from Chevy Chase Bank 

for the refinancing of 7766 Saxeborough (Loan Code S-18) was 

outstanding as of 10/13/05, but was not listed on the loan application for 

S-21 as a liability or on the Schedule of Real Estate Owned.

i. The 9/21/05 loan to Craig Weingart for $425,000 from National City 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-19) was 

outstanding as of 10/13/05, but was not listed on the loan application for 

S-21 as a liability or on the Schedule of Real Estate Owned.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 64 of 186
65

j. The 10/7/05 loan to Craig Weingart for $386,500 from Irwin Mortgage for 

the refinancing of 7766 Saxeborough (Loan Code S-20) was outstanding 

as of 10/13/05, but was not listed on the loan application for S-21 as a 

liability or on the Schedule of Real Estate Owned.

k. Loan proceeds of $401,023.12 were deposited by wire transfer into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 10/19/05.

l. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar Bank (Loan Code S-5).

m. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-21:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 12/7/05 $2,728.71 

2 ANB # 4723 WW (W) 1/12/06 $2,740.71 

3 ANB # 4723 WW (W) 2/9/06 $2,740.71 

4 ANB # 4723 WW (W) 3/8/06 $2,740.71 

5 ANB # 4723 WW (W) 4/6/06 $2,740.71 

6 ANB # 4723 WW (W) 5/12/06 $2,740.71 

7 ANB # 4723 WW (W) 6/8/06 $2,740.71 

8 ANB # 4723 WW (W) 7/17/06 $2,740.71 

9 ANB # 4723 WW (W) 8/14/06 $2,740.71 

10 ANB # 4723 WW (W) 9/8/06 $2,740.71 

11 ANB # 4723 WW (W) 10/12/06 $2,740.71 

12 ANB # 4723 WW (W) 11/16/06 $2,740.71 

13 ANB # 4723 WW (W) 12/14/06 $2,740.71 

14 ANB # 4723 WW (W) 1/12/07 $2,740.71 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 65 of 186
66

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

15 ANB # 4723 WW (W) 2/9/07 $2,740.71 

16 ANB # 4723 WW (W) 3/8/07 $2,740.71 

17 ANB # 4723 WW (W) 4/24/07 $2,877.15 

18 ANB # 4723 WW (W) 5/9/07 $2,740.71 

19 ANB # 4723 WW (W) 6/19/07 $2,740.71 

20 ANB # 4723 WW (W) 7/11/07 $2,740.71 

21 ANB # 4723 WW (W) 8/13/07 $2,740.71 

22 ANB # 4723 WW (W) 9/14/07 $2,740.71 

23 ANB # 4723 WW (W) 10/17/07 $3,335.21 

24 ANB # 4723 WW (W) 11/8/07 $3,335.21 

25 ANB # 4723 WW (W) 12/18/07 $3,335.21 

26 ANB # 4723 WW (W) 1/25/08 $3,471.65 

27 ANB # 4723 WW (W) 2/14/08 $3,335.21 

28 GB #1321 WW/AW (WC) 3/17/08 $3,335.21 

29 GB #1321 WW/AW (WC) 4/8/08 $3,335.21 

30 GB #1321 WW/AW (WC) 5/27/08 $2,926.61 

n. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #20

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #21

21. Opinions for the loan dated 10/18/05 to Craig Weingart by Wells Fargo Bank 

NA for $412,500. (This loan is designated as Loan Code S-22)

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 66 of 186
67

a. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $412,332 liability to EMC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $412,332 to EMC Mortgage listed in the credit report. That liability and 

that debt actually correspond to the 10/22/2003 loan to Alois Weingart for 

$420,000 from Peoples Choice Home Loan for the refinancing of as an yet 

unidentified property (Loan Code Unk-2).

b. 141 Lost Angle [sic] Rd., Boulder, CO, an address listed on the Schedule 

of Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $392,583 liability to GMAC 

Mortgage C listed in the Liabilities Section of the loan application, or the 

debt of $392,583 to GMAC Mortgage Corp listed in the credit report. That 

liability and that debt actually correspond to the 1/27/2003 loan to Craig 

Weingart for $400,000 from General Mortgage Corp of America for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-8).

c. 2122 West 44th Ave., Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $342,275 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$342,275 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

d. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 10/18/05, but was not listed on the loan application 

for S-22 as a liability or on the Schedule of Real Estate Owned.

e. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 10/18/05, but was not listed on the loan application for 

S-22 as a liability or on the Schedule of Real Estate Owned.

f. The 8/26/05 loan to Craig Weingart for $406,250 from World Savings 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-16) was 

outstanding as of 10/18/05, but was not listed on the loan application for 

S-22 as a liability or on the Schedule of Real Estate Owned.

g. The 8/31/05 loan to Craig Weingart for $492,000 from Ocwen Loan 

Servicing for the refinancing of 7766 Saxeborough (Loan Code S-17) was 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 67 of 186
68

outstanding as of 10/18/05, but was not listed on the loan application for 

S-22 as a liability or on the Schedule of Real Estate Owned.

h. The 9/7/05 loan to Craig Weingart for $400,000 from Chevy Chase Bank 

for the refinancing of 7766 Saxeborough (Loan Code S-18) was 

outstanding as of 10/18/05, but was not listed on the loan application for 

S-22 as a liability or on the Schedule of Real Estate Owned. 

i. The 9/21/05 loan to Craig Weingart for $425,000 from National City 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-19) was 

outstanding as of 10/18/05, but was not listed on the loan application for 

S-22 as a liability or on the Schedule of Real Estate Owned.

j. The 10/7/05 loan to Craig Weingart for $386,500 from Irwin Mortgage for 

the refinancing of 7766 Saxeborough (Loan Code S-20) was outstanding

as of 10/18/05, but was not listed on the loan application for S-22 as a 

liability or on the Schedule of Real Estate Owned.

k. The 10/13/05 loan to Craig Weingart for $400,000 from WMC Mortgage 

for the refinancing of 7766 Saxeborough (Loan Code S-21) was 

outstanding as of 10/18/05, but was not listed on the loan application for 

S-22 as a liability or on the Schedule of Real Estate Owned.

l. Loan proceeds of $412,500.00 were deposited by cashiers check into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 10/25/05.

m. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar Bank (Loan Code S-5).

n. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-22:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 12/8/05 $2,870.60 

2 ANB # 4723 WW (W) 1/12/06 $2,870.60 

3 ANB # 4723 WW (W) 2/9/06 $2,870.60 

4 ANB # 7831 CCCT (WJ) 3/7/06 $2,870.60 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 68 of 186
69

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

5 ANB # 7831 CCCT (WJ) 4/7/06 $2,870.60 

6 GB #1321 WW/AW (WC) 5/17/06 $2,870.60 

7 ANB # 4723 WW (W) 6/9/06 $2,870.60 

8 ANB # 4723 WW (W) 7/17/06 $2,888.23 

9 ANB # 4723 WW (W) 8/14/06 $2,888.23 

10 ANB # 4723 WW (W) 9/8/06 $2,888.23 

11 ANB # 4723 WW (W) 10/13/06 $2,888.23 

12 ANB # 4723 WW (W) 11/15/06 $2,888.23 

13 ANB # 4723 WW (W) 12/14/06 $2,888.23 

14 GB #1321 WW/AW (WC) 1/12/07 $2,888.23 

15 GB #1321 WW/AW (WC) 2/12/07 $2,888.23 

16 GB #1321 WW/AW (WC) 3/8/07 $2,888.23 

17 GB #1321 WW/AW (WC) 4/17/07 $2,888.23 

18 GB #1321 WW/AW (WC) 5/9/07 $2,888.23 

19 GB #1321 WW/AW (WC) 6/13/07 $2,888.23 

20 GB #1321 WW/AW (WC) 7/12/07 $2,893.95 

21 GB #1321 WW/AW (WC) 8/13/07 $2,893.95 

22 GB #1321 WW/AW (WC) 9/14/07 $2,893.95 

23 GB #1321 WW/AW (WC) 10/17/07 $2,893.95 

24 GB #1321 WW/AW (WC) 11/8/07 $2,893.95 

25 GB #1321 WW/AW (WC) 12/18/07 $3,635.99 

26 GB #1321 WW/AW (WC) 1/25/08 $3,798.41 

27 GB #1321 WW/AW (WC) 2/14/08 $3,635.99 

28 GB #1321 WW/AW (WC) 3/17/08 $3,635.99 

29 GB #1321 WW/AW (WC) 4/9/08 $3,635.99 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 69 of 186
70

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

30 GB #1321 WW/AW (WC) 5/27/08 $3,798.41 

o. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #21

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #22

22. Opinions for the loan dated 12/5/06 to Craig Weingart by New Century 

Mortgage for $568,000 and for the loan dated 12/5/06 to Craig Weingart by 

New Century Mortgage for $142,000. (These loans are designated as Loan 

Code S-23-A and S-23-B respectively)

a. 3165 S. Odgen, La Jolla, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $487,320 liability to Countrywide Home 

Loans listed in the Liabilities Section of the loan application, or the debt of 

$487,320 to Countrywide Home Loans listed in the credit report. That 

liability and that debt actually correspond to the 8/31/2005 loan to Craig 

Weingart for $492,000 from Ocwen Loan Servicing for the refinancing of 

7766 Saxeborough Drive (Loan Code S-17).

b. 2122 West 44th Avenue, Seattle, WA, an address listed on the Schedule 

of Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $420,657 liability to National City 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $420,657 to National City Mortgage listed in the credit report. That 

liability and that debt actually correspond to the 9/21/2005 loan to Craig

Weingart for $425,000 from National City Mortgage for the refinancing of 

7766 Saxeborough Drive (Loan Code S-19).

c. 259 Falcon Fire Avenue, Las Vegas, NV, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $414,703 liability to World 

Savings Loan listed in the Liabilities Section of the loan application, or the 

debt of $414,703 to World Savings Loan listed in the credit report. That 

liability and that debt actually correspond to the 8/26/2005 loan to Craig 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 70 of 186
71

Weingart for $406,250 from World Savings Bank for the refinancing of 

7766 Saxeborough Drive (Loan Code S-16).

d. 249 Falcons Fire Avenue, Las Vegas, NV, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $410,978 liability to 

“Chevy Chase Fed Sav Ba” listed in the Liabilities Section of the loan 

application, or the debt of $410,978 to “Chevy Chase Fed Sav Ba” listed in 

the credit report. That liability and that debt actually correspond to the 

9/7/2005 loan to Craig Weingart for $400,000 from Chevy Chase Bank for 

the refinancing of 7766 Saxeborough Drive (Loan Code S-18).

e. 777 Sunrise Place, Phoenix, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $408,397 liability to “Wells Fargo 

Home Mortg” listed in the Liabilities Section of the loan application, or the 

debt of $408,397 to “Wells Fargo Home Mortg” listed in the credit report. 

That liability and that debt actually correspond to the 10/18/2005 loan to 

Craig Weingart for $412,500 from Wells Fargo Bank NA for the refinancing 

of 7766 Saxeborough Drive (Loan Code S-22).

f. 790 Magnolia, Scottsdale, AZ, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $396,793 liability to “Chase Manhattan 

Mortga” listed in the Liabilities Section of the loan application, or the debt 

of $396,793 to “Chase Manhattan Mortga” listed in the credit report. That 

liability and that debt actually correspond to the 10/13/2005 loan to Craig 

Weingart for $400,000 from WMC Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-21).

g. 767 Sunrise Place, Phoenix, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $391,355 liability to GMAC 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $391,355 to GMAC Mortgage listed in the credit report. That liability 

and that debt actually correspond to the 1/27/2003 loan to Craig Weingart 

for $400,000 from General Mortgage Corp of America for the refinancing 

of 7766 Saxeborough Drive (Loan Code S-8).

h. 757 Sunrise Place, Phoenix, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $383,208 liability to Home Coming 

Funding NE listed in the Liabilities Section of the loan application, or the 

debt of $383,208 to Home Coming Funding NE listed in the credit report. 

That liability and that debt actually correspond to the 10/7/2005 loan to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 71 of 186
72

Craig Weingart for $386,500 from Irwin Mortgage for the refinancing of 

7766 Saxeborough Drive (Loan Code S-20).

i. 7605 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $336,225 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$336,225 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

j. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 12/5/06, but was not listed on the loan application 

for S-23 as a liability or on the Schedule of Real Estate Owned.

k. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 12/5/06, but was not listed on the loan application for S23 as a liability or on the Schedule of Real Estate Owned.

l. Loan proceeds of $569,998.75 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 12/11/06.

m. Loan proceeds of $140,773.65 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 12/11/06. 

n. The proceeds from the loan assigned the Loan Code S-23-A were not 

used to pay off the prior mortgage designated by the lender to be paid off 

as a condition of the approval of the loan, namely a loan to Flagstar Bank 

(Loan Code S-5).

o. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-23-A:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 GB #1321 WW/AW (WC) 2/8/07 $4,104.99 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 72 of 186
73

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

2 GB #1321 WW/AW (WC) 3/8/07 $4,104.99 

3 ANB # 4723 WW (W) 4/16/07 $4,104.99 

4 ANB # 4723 WW (W) 5/8/07 $4,104.99 

5 ANB # 4723 WW (W) 6/13/07 $4,104.99 

6 ANB # 4723 WW (W) 7/12/07 $4,104.99 

7 ANB # 4723 WW (W) 8/13/07 $4,104.99 

8 ANB # 4723 WW (W) 9/13/07 $4,104.99 

9 ANB # 4723 WW (W) 10/17/07 $4,104.99 

10 ANB # 4723 WW (W) 11/9/07 $4,107.49 

11 ANB # 4723 WW (W) 12/19/07 $4,107.49 

12 ANB # 4723 WW (W) 1/28/08 $4,107.49 

13 ANB # 4723 WW (W) 2/15/08 $4,107.49 

14 GB #1321 WW/AW (WC) 3/17/08 $4,107.49 

15 GB #1321 WW/AW (WC) 4/8/08 $4,107.49 

16 GB #1321 WW/AW (WC) 5/27/08 $4,107.49 

p. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-23-B:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 GB #1321 WW/AW (WC) 2/8/07 $1,395.39 

2 GB #1321 WW/AW (WC) 3/8/07 $1,395.39 

3 ANB # 4723 WW (W) 4/16/07 $1,395.39 

4 ANB # 4723 WW (W) 5/8/07 $1,395.39 

5 ANB # 4723 WW (W) 6/13/07 $1,395.39 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 73 of 186
74

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

6 ANB # 4723 WW (W) 7/12/07 $1,395.39 

7 ANB # 4723 WW (W) 8/13/07 $1,395.39 

8 ANB # 4723 WW (W) 9/13/07 $1,395.39 

9 GB #1321 WW/AW (WC) 10/17/07 $1,395.39 

10 GB #1321 WW/AW (WC) 11/9/07 $1,397.89 

11 GB #1321 WW/AW (WC) 12/19/07 $1,397.89 

12 GB #1321 WW/AW (WC) 1/28/08 $1,397.89 

13 GB #1321 WW/AW (WC) 2/15/08 $1,397.89 

14 GB #1321 WW/AW (WC) 3/17/08 $1,397.89 

15 GB #1321 WW/AW (WC) 4/8/08 $1,397.89 

16 GB #1321 WW/AW (WC) 5/27/08 $1,397.89 

q. These loans were not paid off as of May 31, 2008.

OBJECTION TO OPINION #22

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #23

23. Opinions for the loan dated 12/22/06 to Waun Weingart by Equifirst for 

$440,000. (This loan is designated as Loan Code S-24)

a. 7605 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $496,000 liability to “AMC Mtg 

Svcs” listed in the Liabilities Section of the loan application, or the debt of 

$496,000 to “AMC Mtg Svcs” listed in the credit report. That liability and 

that debt actually correspond to the 8/19/2005 loan to Waun Weingart for 

$496,000 from Ameriquest Mortgage Company (AMC) for the refinancing 

of 7766 Saxeborough Drive (Loan Code S-15).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 74 of 186
75

b. 3465 S. Ogden, Lajolla, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $406,698 liability to “Wshngtn Mutl” listed 

in the Liabilities Section of the loan application, or the debt of $406,698 to 

“Wshgtn Mutl” listed in the credit report. That liability and that debt 

actually correspond to the 10/25/2004 loan to Waun Weingart for 

$397,000 from Washington Mutual Bank (WAMU) for the refinancing of 

141 Lost Angel Road (Loan Code L-7).

c. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $391,370 liability to Aurora Loan 

listed in the Liabilities Section of the loan application, or the debt of 

$391,370 to Aurora Loan listed in the credit report. That liability and that 

debt actually correspond to the 11/15/2004 loan to Waun Weingart for 

$400,000 from Lehman Brothers Bank for the refinancing of 141 Lost 

Angel Road (Loan Code L-8).

d. 249 Falcons Fire Avenue, Las Vegas, NV, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $352,406 liability to 

“AMTrust Bk” listed in the Liabilities Section of the loan application, or the 

debt of $352,406 to “AMTrust Bk” listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Weingart for $360,400 from Ohio Savings Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-13).

e. 259 Falcons Fire Avenue, Lsa [sic] Vegas, NV, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $352,233 liability to 

Aurora Loan listed in the Liabilities Section of the loan application, or the 

debt of $352,233 to Aurora Loan listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Weingart for $360,000 from Lehman Brothers Bank for the refinancing of 

7766 Saxeborough Drive (Loan Code S-14).

f. 777 Sunrise Place, Phoenix, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $311,318 liability to Chase listed in 

the Liabilities Section of the loan application, or the debt of $311,318 to 

Chase listed in the credit report. That liability and that debt actually 

correspond to the 4/9/2004 loan to Waun Weingart for $320,000 from 

Chase Manhattan Mortgage for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-11).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 75 of 186
76

g. The 7/29/99 loan to Craig and Waun Weingart for $363,300 from Broad 

Street Mortgage for the refinancing of 7766 Saxeborough (Loan Code S3) was outstanding as of 12/22/06, but was not listed on the loan 

application for S-24 as a liability or on the Schedule of Real Estate 

Owned.

h. The 8/7/00 loan to Craig and Waun Weingart for $397,500 from Flagstar 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-5) was 

outstanding as of 12/22/06, but was not listed on the loan application for 

S-24 as a liability or on the Schedule of Real Estate Owned.

i. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 12/22/06, but was not listed on the loan application 

for S-24 as a liability or on the Schedule of Real Estate Owned.

j. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 12/22/06, but was not listed on the loan application for 

S-24 as a liability or on the Schedule of Real Estate Owned.

k. The 4/9/04 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code L-5) was 

outstanding as of 12/22/06, but was not listed on the loan application for 

S-24 as a liability or on the Schedule of Real Estate Owned.

l. Loan proceeds of $442,830.71 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 12/28/06.

m. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Washington Mutual (Loan Code S-12).

n. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-24:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 2/21/07 $3,259.42 

2 ANB # 4723 WW (W) 3/7/07 $3,400.70 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 76 of 186
77

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

3 ANB # 4723 WW (W) 4/16/07 $3,259.42 

4 ANB # 4723 WW (W) 5/8/07 $3,259.42 

5 ANB # 4723 WW (W) 6/13/07 $3,259.42 

6 ANB # 4723 WW (W) 7/12/07 $3,259.59 

7 ANB # 4723 WW (W) 8/14/07 $3,259.59 

8 ANB # 4723 WW (W) 9/13/07 $3,259.59 

9 ANB # 4723 WW (W) 10/17/07 $3,259.59 

10 ANB # 4723 WW (W) 11/8/07 $3,259.59 

11 ANB # 4723 WW (W) 12/14/07 $3,259.59 

12 ANB # 4723 WW (W) 1/25/08 $3,400.87 

13 ANB # 4723 WW (W) 2/14/08 $3,259.59 

14 GB #1321 WW/AW (WC) 3/17/08 $3,169.12 

15 GB #1321 WW/AW (WC) 4/8/08 $3,169.12 

16 GB #1321 WW/AW (WC) 5/28/08 $3,169.12 

o. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #23

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #24

24. Opinions for the loan dated 10/30/07 to Craig Weingart by World Savings 

Bank for $86,300. (This loan is designated as Loan Code S-25)

a. 86555 West Way, Austin, TX, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $330,738 liability to Indymac Bank listed 

in the Liabilities Section of the loan application, or the debt of $330,738 to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 77 of 186
78

Indymac Bank listed in the credit report. That liability and that debt 

actually correspond to the 7/29/1999 loan to Craig & Waun Weingart for 

$363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

b. 2122 West 44th Ave., an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $482,338 liability to Countrywide listed in the 

Liabilities Section of the loan application, or the debt of $482,338 to 

Countrywide Home Loans listed in the credit report. That liability and that 

debt actually correspond to the 8/31/2005 loan to Craig Weingart for 

$492,000 from Ocwen Loan Servicing for the refinancing of 7766 

Saxeborough Drive (Loan Code S-17).

c. 259 Falcons Fire Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $426,166 liability to Chevy Chase listed in the 

Liabilities Section of the loan application, or the debt of $426,166 to 

“Chevy Chase Fed Sav Ba” listed in the credit report. That liability and 

that debt actually correspond to the 9/7/2005 loan to Craig Weingart for 

$400,000 from Chevy Chase Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-18).

d. 249 Falcons Fire Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $416,048 liability to National City listed in the 

Liabilities Section of the loan application, or the debt of $416,048 to 

National City Mortgage listed in the credit report. That liability and that 

debt actually correspond to the 9/21/2005 loan to Craig Weingart for 

$425,000 from National City Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-19).

e. 7605 California SW, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $403,636 liability to Wells Fargo listed in the 

Liabilities Section of the loan application, or the debt of $403,636 to Wells 

Fargo Home Mortg listed in the credit report. That liability and that debt 

actually correspond to the 10/18/2005 loan to Craig Weingart for $412,500 

from Wells Fargo Bank NA for the refinancing of 7766 Saxeborough Drive 

(Loan Code S-22). 

f. 430-450 E. 6th Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $393,035 liability to Chase listed in the 

Liabilities Section of the loan application, or the debt of $393,035 to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 78 of 186
79

“Chase Manhattan Mortga” listed in the credit report. That liability and that 

debt actually correspond to the 10/13/2005 loan to Craig Weingart for 

$400,000 from WMC Mortgage for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-21).

g. 141 Lost Angel Rd, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $387,892 liability to GMAC Mort. listed in the 

Liabilities Section of the loan application, or the debt of $387,892 to 

GMAC Mort. listed in the credit report. That liability and that debt actually 

correspond to the 1/27/2003 loan to Craig Weingart for $400,000 from 

General Mortgage Corp of America for the refinancing of 7766 

Saxeborough Drive (Loan Code S-8).

h. 575-579 Pennsylvania, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $380,647 liability to Homecoming listed in the 

Liabilities Section of the loan application, or the debt of $380,647 to 

Homecoming listed in the credit report. That liability and that debt actually 

correspond to the 10/7/2005 loan to Craig Weingart for $386,500 from 

Irwin Mortgage for the refinancing of 7766 Saxeborough Drive (Loan 

Code S-20).

i. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $370,536 liability to Flagstar Bank 

listed in the Liabilities Section of the loan application or the debt of 

$370,536 to Flagstar Bank listed in the credit report. That liability and that 

debt actually correspond to the 8/7/2000 loan to Craig & Waun Weingart 

for $397,500 from Flagstar Bank for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-5).

j. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $143,056 liability to “Saxon Mtg” 

listed in the Liabilities Section of the loan application, or the debt of 

$143,056 to Saxon Mortgage Service listed in the credit report. That 

liability and that debt actually correspond to the 12/5/2006 loan to Craig 

Weingart for $142,000 from New Century Mortgage for the refinancing of 

7766 Saxeborough Drive (Loan Code S-23-B).

k. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $571,764 liability to Saxon Mortgage 

Service listed in the Liabilities Section of the loan application, or the debt 

of $571,764 to Saxon Mortgage Service listed in the credit report. That 

liability and that debt actually correspond to the 12/5/2006 loan to Craig 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 79 of 186
80

Weingart for $568,000 from New Century Mortgage for the refinancing of 

7766 Saxeborough Drive (Loan Code S-23-A).

l. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 10/30/07, but was not listed on the loan application 

for S-25 as a liability or on the Schedule of Real Estate Owned.

m. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 10/30/07, but was not listed on the loan application for 

S-25 as a liability or on the Schedule of Real Estate Owned.

n. Loan proceeds of $20,000.00 were deposited by wire transfer into the 

Guaranty Bank account #55011321 in the name of Waunita R. Weingart 

and Alois Craig Weingart on 11/5/07.

o. An additional advance of proceeds on this line of credit in the amount of 

$15,000.00 was done on 12/6/07.

p. Loan proceeds of $51,100.00 were deposited by check into the American 

National Bank account #70074723 in the name of Waun Weingart on 

12/20/07.

q. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-25:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 1/9/08 $243.40 

2 GB #9795 TCS (WJC) 1/30/08 $258.40 

3 GB #9795 TCS (WJC) 2/5/08 $510.21 

4 GB #9795 TCS (WJC) 3/7/08 $541.47 

5 GB #9795 TCS (WJC) 4/4/08 $481.61 

6 GB #9795 TCS (WJC) 5/6/08 $484.99 

r. This loan was not paid off as of May 31, 2008.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 80 of 186
81

OBJECTION TO OPINION #24

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #25

25. Opinions for the loan dated 1/18/08 to Alois Weingart by Bank of America 

for $417,000 and for the loan dated 1/18/08 to Alois Weingart by Bank of 

America for $32,000. (These loans are designated as Loan Code S-26-A and 

S-26-B respectively)

a. 3165 S Ogden, an address listed on the Schedule of Real Estate Owned 

Section of the loan application, is not the property which was pledged as 

collateral for the $571,443 liability to “Saxon Mortgage Servi” listed in the 

Schedule of Real Estate Owned Section of the loan application, or the 

debt of $571,443 to “Saxon Mortgage Servi” listed in the credit report. 

That liability and that debt actually correspond to the 12/5/2006 loan to 

Craig Weingart for $568,000 from New Century Mortgage for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-23-A).

b. 2122 West 44th Ave., an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $480,923 liability to “Countrywide Home Loa” 

listed in the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $480,923 to “Countrywide Home Loa” listed in 

the credit report. That liability and that debt actually correspond to the 

8/31/2005 loan to Craig Weingart for $492,000 from Ocwen Loan 

Servicing for the refinancing of 7766 Saxeborough Drive (Loan Code S17).

c. 259 Falcon Fire Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $430,399 liability to Chevy Chase listed in the 

Schedule of Real Estate Owned Section of the loan application, or the 

debt of $430,399 to Chevy Chase listed in the credit report. That liability 

and that debt actually correspond to the 9/7/2005 loan to Craig Weingart 

for $400,000 from Chevy Chase Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-18).

d. 259 Falcon Fire Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $20,200 liability to World Savings listed in the 

Schedule of Real Estate Owned Section of the loan application, or the 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 81 of 186
82

debt of $20,200 to World Savings & Loan listed in the credit report. That 

liability and that debt actually correspond to the 10/30/2007 loan to Craig 

Weingart for $86,300 from World Savings Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-25).

e. 249 Falcon Fire Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $414,743 liability to “Ntl City Mtg” listed in the

Schedule of Real Estate Owned Section of the loan application, or the 

debt of $414,743 to “Ntl City Mtg” listed in the credit report. That liability 

and that debt actually correspond to the 9/21/2005 loan to Craig Weingart 

for $425,000 from National City Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-19).

f. 7605 California SW Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $402,291 liability to “WF Hme Mrtg” listed in 

the Schedule of Real Estate Owned Section of the loan application, or the 

debt of $402,291 to “WF Hme Mrtg” listed in the credit report. That liability 

and that debt actually correspond to the 10/18/2005 loan to Craig 

Weingart for $412,500 from Wells Fargo Bank NA for the refinancing of 

7766 Saxeborough Drive (Loan Code S-22).

g. 430-450 E. 6th Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $391,966 liability to listed in the Liabilities 

Section of the loan application, or the debt of $391,966 to “Chase 

Manhattan Mort” listed in the credit report. That liability and that debt 

actually correspond to the 10/13/2005 loan to Craig Weingart for $400,000 

from WMC Mortgage for the refinancing of 7766 Saxeborough Drive 

(Loan Code S-21). 

h. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,055,875 liability listed in 

the Liabilities Section of the loan application, or the debt of $430,476 to 

World Savings listed in the credit report. Part of that liability and that debt 

actually correspond to the 8/26/2005 loan to Craig Weingart for $406,250 

from World Savings Bank for the refinancing of 7766 Saxeborough Drive 

(Loan Code S-16).

i. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,055,875 liability listed in 

the Liabilities Section of the loan application, or the debt of $329,179 to 

Indymac-HLS listed in the credit report. Part of that liability and that debt 

actually correspond to the 7/29/1999 loan to Craig & Waun Weingart for 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 82 of 186
83

$363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

j. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,055,875 liability listed in 

the Liabilities Section of the loan application, or the debt of $386,775 to 

“GMAC Mort” listed in the credit report. Part of that liability and that debt 

actually correspond to the 1/27/2003 loan to Craig Weingart for $400,000 

from General Mortgage Corp of America for the refinancing of 7766 

Saxeborough Drive (Loan Code S-8).

k. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,055,875 liability listed in 

the Liabilities Section of the loan application, or the debt of $379,840 to 

Home Coming Funding listed in the credit report. Part of that liability and 

that debt actually correspond to the 10/7/2005 loan to Craig Weingart for 

$386,500 from Irwin Mortgage for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-20).

l. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,055,875 liability listed in 

the Liabilities Section of the loan application, or the debt of $369,774 to 

“Flagstar Bk” listed in the credit report. Part of that liability and that debt 

actually correspond to the 8/7/2000 loan to Craig & Waun Weingart for 

$397,500 from Flagstar Bank for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-5).

m. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,055,875 liability listed in 

the Liabilities Section of the loan application, or the debt of $142,860 to 

“Saxon Mortgage Servi” listed in the credit report. Part of that liability and 

that debt actually correspond to the 12/5/2006 loan to Craig Weingart for 

$142,000 from New Century Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-23-B).

n. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 1/18/08, but was not listed on the loan application 

for S-26 as a liability or on the Schedule of Real Estate Owned.

o. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 1/18/08, but was not listed on the loan application for S26 as a liability or on the Schedule of Real Estate Owned.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 83 of 186
84

p. Loan proceeds of $411,457.51 were deposited by wire transfer into the 

American National Bank account #70272897 in the name of Real Estate 

Title LLC Escrow Trust Account on 1/23/08.

q. Loan proceeds of $32,017.68 were deposited by wire transfer into the 

American National Bank account #70272897 in the name of Real Estate 

Title LLC Escrow Trust Account on 1/23/08.

r. The proceeds from the loan assigned the Loan Code S-26-A were not 

used to pay off the prior mortgage designated by the lender to be paid off 

as a condition of the approval of the loan, namely a loan to Wachovia 

Mortgage (Loan Code S-16).

s. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-26-A:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 GB #1321 WW/AW (WC) 3/26/08 $2,515.13 

2 GB #1321 WW/AW (WC) 4/8/08 $2,515.13 

3 GB #1321 WW/AW (WC) 5/27/08 $2,515.13 

t. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code S-26-B:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 GB #1321 WW/AW (WC) 4/8/08 $458.52 

2 GB #1321 WW/AW (WC) 5/27/08 $244.26 

u. These loans were not paid off as of May 31, 2008.

OBJECTION TO OPINION #25

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 84 of 186
85

OPINION #26

26. Opinions for the loan dated 3/21/02 to John Gallegos by Aames Funding for 

$278,000. (This loan is designated as Loan Code L-1)

a. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $124,000 liability to Equicredit 

listed in the Liabilities Section of the loan application. That liability actually 

corresponds to the 9/22/00 loan to John Gallegos for $124,720 from 

Stonecreek Funding for the refinancing of 430 E. 6th Avenue (Loan Code 

6th-2).

b. There was no an address listed on the Schedule of Real Estate Owned 

Section of the loan application for the "Paid Off" liability to Flagstar Bank 

listed in the Liabilities Section of the loan application. That liability actually 

corresponds to the 9/22/2000 loan to John Gallegos for $124,700 from 

Flagstar Bank for the refinancing of 430 E. 6th Avenue (Loan Code 6th-1) 

which was outstanding as of 3/21/02.

c. 422 E. 6th Avenue., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $136,579 liability to Homecomings 

Financial listed in the Liabilities Section of the loan application. That 

liability actually corresponds to the 7/11/01 loan to John Gallegos for 

$136,800 from Matrix Financial Services for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-4).

d. 428 E. 6th Ave., Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $136,000 liability to Ocwen Fed listed in 

the Liabilities Section of the loan application. That liability actually 

corresponds to the 12/20/2001 loan to John Gallegos for $136,800 from 

Bridge Capital Corp for the refinancing of 430 E. 6th Avenue (Loan Code 

6th-6).

e. The 11/30/01 loan to John Gallegos for $136,800 from CBSK Financial 

dba American Home Loans for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-5-A) was outstanding as of 3/21/02 and was not listed on the 

loan application for L-1 as a liability and on the Schedule of Real Estate 

Owned.

f. The 11/30/01 loan to John Gallegos for $34,200 from CBSK Financial dba 

American Home Loans for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-5-B) was outstanding as of 3/21/02 and was not listed on the 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 85 of 186
86

loan application for L-1 as a liability and on the Schedule of Real Estate 

Owned.

g. Loan proceeds of $276,449.60 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 3/21/02.

h. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Equicredit (Loan Code 6th-2).

i. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-1:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT 5/14/02 $1,996.43 

2 FASB #1625 CCCT 6/14/02 $1,996.43 

3 FASB #1625 CCCT 7/23/02 $1,996.43 

4 FASB #7049 CW/WW (CW) 8/7/02 $3,992.86 

5 FASB #7049 CW/WW (CW) 9/19/02 $1,996.43 

6 FASB #7049 CW/WW (CW) 10/8/02 $1,996.43 

7 FASB #7049 CW/WW (CW) 10/28/02 $3,992.86 

8 FASB #7049 CW/WW (CW) 11/13/02 $1,996.43 

9 FASB #1666 CCCT 12/27/02 $1,996.43 

10 FASB #1666 CCCT 1/16/03 $1,996.43 

11 FASB #1666 CCCT 3/13/03 $1,996.43 

12 FASB #1666 CCCT 5/14/03 $2,011.43 

13 ANB #7831 CCCT 6/11/03 $2,011.45 

14 ANB #7831 CCCT 7/9/03 $2,358.55 

15 ANB #7831 CCCT 8/14/03 $2,358.54 

16 ANB #7831 CCCT 9/17/03 $2,358.54 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 86 of 186
87

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

17 ANB #7831 CCCT 10/21/03 $2,358.54 

18 ANB #7831 CCCT 11/12/03 $2,358.54 

19 ANB #7831 CCCT 12/11/03 $2,358.54 

20 ANB #7831 CCCT 1/15/04 $2,358.54 

21 FASB #7056 JG (J) 2/23/04 $2,358.54 

22 FASB #7056 JG (J) 2/23/04 ($2,358.54)

23 FASB #7056 JG (J) 2/24/04 $2,358.54 

24 FASB #1625 CCCT 3/10/04 $2,358.54 

25 FASB #7056 JG (J) 4/13/04 $2,343.54 

26 FASB #7056 JG (J) 5/11/04 $2,343.54 

27 FASB #7056 JG (J) 6/11/04 $2,251.43 

28 FASB #7056 JG (J) 7/15/04 $2,251.43 

29 FASB #7056 JG (J) 8/11/04 $2,260.43 

30 FASB #7056 JG (J) 9/15/04 $2,260.43 

31 FASB #7056 JG (J) 10/15/04 $2,260.43 

32 FASB #1625 CCCT 11/30/04 $2,260.43 

33 FASB #7056 JG (J) 12/6/04 $2,260.43 

34 FASB #7056 JG (J) 1/11/05 $2,260.43 

35 FASB #7056 JG (J) 2/8/05 $2,260.43 

36 FASB #7056 JG (J) 3/15/05 $1,996.43 

37 FASB #7056 JG (J) 4/18/05 $1,996.43 

38 FASB #7056 JG (J) 5/16/05 $2,274.30 

39 FASB #7056 JG (J) 6/17/05 $2,274.30 

40 FASB #7056 JG (J) 7/8/05 $2,274.30 

41 FASB #7056 JG (J) 8/10/05 $2,274.30 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 87 of 186
88

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

42 FASB #7056 JG (J) 9/13/05 $2,274.30 

43 FASB #7056 JG (J) 10/6/05 $2,274.30 

44 ANB # 4710 JG (J) 11/14/05 $2,440.48 

45 ANB # 4710 JG (J) 12/7/05 $2,440.48 

46 ANB # 4710 JG (J) 1/9/06 $2,440.48 

47 ANB # 4710 JG (J) 2/9/06 $2,440.48 

48 ANB # 4710 JG (J) 3/8/06 $2,440.48 

49 ANB # 4710 JG (J) 4/7/06 $2,440.48 

50 GB #1348 JG (J) 5/17/06 $2,633.28 

51 ANB # 4710 JG (J) 6/8/06 $2,633.28 

52 ANB # 4710 JG (J) 7/17/06 $2,648.28 

53 ANB # 4710 JG (J) 8/4/06 $2,648.28 

54 ANB # 4710 JG (J) 9/8/06 $2,648.28 

55 ANB # 4710 JG (J) 10/13/06 $2,648.28 

56 ANB # 4723 WW (W) 11/14/06 $2,721.12 

57 ANB # 4710 JG (J) 12/14/06 $2,721.12 

58 ANB # 4710 JG (J) 1/12/07 $2,721.12 

59 ANB # 4710 JG (J) 2/9/07 $2,721.12 

60 ANB # 4723 WW (W) 3/8/07 $2,721.12 

61 ANB # 4723 WW (W) 4/16/07 $2,721.12 

62 ANB # 4710 JG (J) 5/9/07 $2,721.12 

63 ANB # 4710 JG (J) 6/19/07 $2,721.12 

64 ANB # 4710 JG (J) 7/11/07 $2,721.12 

65 ANB # 4710 JG (J) 8/13/07 $2,721.12 

66 ANB # 4710 JG (J) 9/13/07 $2,721.12 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 88 of 186
89

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

67 ANB # 4723 WW (W) 10/16/07 $2,721.12 

68 ANB # 4710 JG (J) 11/8/07 $2,745.13 

69 ANB # 4710 JG (J) 12/18/07 $2,745.13 

70 ANB # 4710 JG (J) 1/25/08 $2,844.95 

71 ANB # 4710 JG (J) 2/14/08 $2,745.13 

72 GB #1321 WW/AW (WC) 3/17/08 $2,745.13 

73 GB #1321 WW/AW (WC) 4/8/08 $2,735.13 

74 GB #1321 WW/AW (WC) 5/27/08 $2,556.66 

j. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #26

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #27

27. Opinions for the loan dated 3/29/02 to John Gallegos by Resource Bank for 

$400,000. (This loan is designated as Loan Code L-2)

a. 422 E. 6th Ave., Denver, CO, an address listed on the Liabilities Section of 

the loan application, is not the property which was pledged as collateral for 

the "Paid Off" liability to Flagstar Bank listed in the Liabilities Section of the 

loan application. That liability actually corresponds to the 9/22/2000 loan 

to John Gallegos for $124,700 from Flagstar Bank for the refinancing of 

430 E. 6th Avenue (Loan Code 6th-1) which was outstanding as of 

3/29/02.

b. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $136,000 liability to Loan Works 

listed in the Liabilities Section of the loan application. That liability actually 

corresponds to the 6/25/2001 loan to John Gallegos for $136,800 from 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 89 of 186
90

Peoples Choice Home Loan for the refinancing of 430 E. 6th Avenue 

(Loan Code 6th-3).

c. 422 E. 6th Ave., Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $136,579 liability to Homecomings 

Financial listed in the Liabilities Section of the loan application. That 

liability actually corresponds to the 7/11/01 loan to John Gallegos for 

$136,800 from Matrix Financial Services for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-4).

d. 426 E. 6th Ave., Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $136,000 liability to Ocwen Fed listed in 

the Liabilities Section of the loan application. That liability actually 

corresponds to the 12/20/2001 loan to John Gallegos for $136,800 from 

Bridge Capital Corp for the refinancing of 430 E. 6th Avenue (Loan Code 

6th-6).

e. The 11/30/01 loan to John Gallegos for $136,800 from CBSK Financial 

dba American Home Loans for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-5-A) was outstanding as of 3/29/02 and was not listed on the 

loan application for L-2 as a liability and on the Schedule of Real Estate 

Owned. 

f. The 11/30/01 loan to John Gallegos for $34,200 from CBSK Financial dba 

American Home Loans for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-5-B) was outstanding as of 3/29/02 and was not listed on the 

loan application for L-2 as a liability and on the Schedule of Real Estate 

Owned.

g. The 3/21/02 loan to John Gallegos for $278,000 from Aames Funding for 

the refinancing of 141 Lost Angel Road (Loan Code L-1) was outstanding 

as of 3/29/02 and was not listed on the loan application for L-2 as a liability 

and on the Schedule of Real Estate Owned.

h. Loan proceeds of $397,705.01 were deposited by wire transfer into the 

First American State Bank account #111625 in the name of Colorado 

County & Community Title Money Market Account on 3/29/02.

i. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Loanworks (Loan Code 6th-3).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 90 of 186
91

j. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-2:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT 6/13/02 $3,550.67

2 FASB #1625 CCCT 6/17/02 $3,550.67 

3 FASB #1625 CCCT 7/18/02 $3,550.67 

4 FASB #7049 CW/WW (CW) 8/6/02 $3,550.67 

5 FASB #7049 CW/WW (CW) 9/16/02 $3,550.67 

6 FASB #7049 CW/WW (CW) 10/16/02 $3,550.67 

7 FASB #7049 CW/WW (CW) 11/13/02 $3,550.67 

8 FASB #1666 CCCT 2/3/03 $7,116.34 

9 FASB #1666 CCCT 2/3/03 $3,550.67 

10 FASB #1666 CCCT 3/13/03 $3,550.67 

11 FASB #1666 CCCT 4/16/03 $7,159.24 

12 FASB #1666 CCCT 5/15/03 $3,565.67 

13 ANB #7831 CCCT 6/11/03 $3,565.67 

14 ANB #7831 CCCT 7/9/03 $3,565.67 

15 ANB #7831 CCCT 8/14/03 $3,565.67 

16 ANB #7831 CCCT 9/17/03 $3,565.67 

17 ANB #7831 CCCT 10/21/03 $3,706.05 

18 ANB #7831 CCCT 11/12/03 $3,706.05 

19 ANB #7831 CCCT 12/11/03 $3,706.05 

20 ANB #7831 CCCT 1/15/04 $3,706.05 

21 FASB #7056 JG (J) 2/23/04 $3,706.05 

22 FASB #7056 JG (J) 2/24/04 ($3,706.05)

23 FASB #7056 JG (J) 2/25/04 $3,706.05 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 91 of 186
92

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

24 FASB #1625 CCCT 3/10/04 $3,706.05 

25 FASB #7056 JG (J) 4/13/04 $3,691.05 

26 FASB #7056 JG (J) 5/11/04 $3,691.05 

27 FASB #7056 JG (J) 6/11/04 $3,691.05 

28 FASB #7056 JG (J) 7/15/04 $3,546.21 

29 FASB #7056 JG (J) 8/11/04 $3,546.21 

30 FASB #7056 JG (J) 9/15/04 $3,546.21 

31 FASB #1625 CCCT 11/9/04 $7,092.42 

32 FASB #7056 JG (J) 11/15/04 $3,546.21 

33 FASB #7056 JG (J) 12/6/04 $3,546.21 

34 FASB #7056 JG (J) 1/11/05 $3,546.21 

35 FASB #7056 JG (J) 2/8/05 $3,546.21 

36 FASB #7056 JG (J) 3/15/05 $3,546.21 

37 FASB #7056 JG (J) 4/18/05 $3,546.21 

38 FASB #7056 JG (J) 5/16/05 $3,529.88 

39 FASB #7056 JG (J) 6/17/05 $3,529.88 

40 FASB #7056 JG (J) 7/8/05 $3,529.88 

41 FASB #7056 JG (J) 8/10/05 $3,529.88 

42 FASB #7056 JG (J) 9/13/05 $3,529.88 

43 FASB #7056 JG (J) 10/7/05 $3,529.88 

44 ANB # 4710 JG (J) 11/14/05 $3,529.88 

45 ANB # 4710 JG (J) 12/7/05 $3,529.88 

46 ANB # 4710 JG (J) 1/12/06 $3,529.88 

47 ANB # 4710 JG (J) 2/9/06 $3,529.88 

48 ANB # 4710 JG (J) 3/8/06 $3,529.88 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 92 of 186
93

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

49 ANB # 4710 JG (J) 4/6/06 $3,529.88 

50 ANB # 4710 JG (J) 5/17/06 $3,513.61 

51 ANB # 4710 JG (J) 6/8/06 $3,513.61 

52 ANB # 4710 JG (J) 7/17/06 $3,528.61 

53 ANB # 4723 WW (W) 8/4/06 $3,528.61 

54 ANB # 4710 JG (J) 9/8/06 $3,528.61 

55 ANB # 4710 JG (J) 10/13/06 $3,528.61 

56 ANB # 4723 WW (W) 11/14/06 $3,528.61 

57 ANB # 4710 JG (J) 12/14/06 $3,528.61 

58 ANB # 4710 JG (J) 1/12/07 $3,528.61 

59 ANB # 4710 JG (J) 2/14/07 $3,528.61 

60 ANB # 4710 JG (J) 3/8/07 $3,528.61 

61 ANB # 4710 JG (J) 4/16/07 $3,523.35 

62 ANB # 4710 JG (J) 5/9/07 $3,523.35 

63 ANB # 4723 WW (W) 6/19/07 $3,523.35 

64 ANB # 4710 JG (J) 7/12/07 $3,523.35 

65 ANB # 4710 JG (J) 8/13/07 $3,523.35 

66 ANB # 4710 JG (J) 9/13/07 $3,523.35 

67 ANB # 4710 JG (J) 10/16/07 $3,523.35 

68 GB #1321 WW/AW (WC) 11/8/07 $3,523.35 

69 ANB # 4710 JG (J) 12/18/07 $3,523.35 

70 ANB # 4710 JG (J) 1/29/08 $3,523.35 

71 ANB # 4723 WW (W) 2/19/08 $3,523.35 

72 GB #1321 WW/AW (WC) 3/17/08 $3,523.35 

73 GB #1321 WW/AW (WC) 4/8/08 $3,513.35 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 93 of 186
94

k. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #27

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #28

28. Opinions for the loan dated 6/25/02 to John Gallegos by General Mortgage 

Corp of America for $229,800. (This loan is designated as Loan Code L-3)

a. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $124,000 liability to Equicredit 

listed in the Liabilities Section of the loan application, or the debt of 

$123,768 to Equicredit Corp listed in the credit report. That liability and 

that debt actually correspond to the 9/22/00 loan to John Gallegos for 

$124,720 from Stonecreek Funding for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-2).

b. 422 E. 6th Avenue , an address listed in the Liabilities Section of the loan 

application, is not the property which was pledged as collateral for the 

"Paid Off" liability to Flagstar Bank listed in the Liabilities Section of the 

loan application, or the debt of $123,362 to Flagstar Bank listed in the 

credit report. That liability and that debt actually correspond to the 

9/22/2000 loan to John Gallegos for $124,700 from Flagstar Bank for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-1).

c. 426 E. 6th Ave, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $136,000 liability to Ocwen Fed listed in 

the Liabilities Section of the loan application, or the debt of $136,000 to 

Ocwen Fed listed in the credit report. That liability and that debt actually 

correspond to the 12/20/2001 loan to John Gallegos for $136,800 from 

Bridge Capital Corp for the refinancing of 430 E. 6th Avenue (Loan Code 

6th-6).

d. 422 E. 6th Ave, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $136,000 liability to Loanworks I.E. 

Indymac listed in the Liabilities Section of the loan application, or the debt 

of $135,805 to Indymac Bk Loan Works listed in the credit report. That 

liability and that debt actually correspond to the 6/25/2001 loan to John 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 94 of 186
95

Gallegos for $136,800 from Peoples Choice Home Loan for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-3).

e. 5603 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $338,214 liability to Countrywide 

listed in the Liabilities Section of the loan application, or the debt of 

$335,833 to Countrywide listed in the credit report. That liability and that 

debt actually correspond to the 7/19/2001 loan to John Gallegos for 

$337,500 from Resource Bank for the refinancing of 7603 California 

Avenue SW (Loan Code Calif-1).

f. 5603 California SW, an address listed in the Liabilities Section of the loan 

application, is not the property which was pledged as collateral for the 

$136,800 liability to Olympus Servicing listed in the Liabilities Section of 

the loan application, or the debt of $136,410 to Olympus Servicing LP 

listed in the credit report. That liability and that debt actually correspond to 

the 11/30/2001 loan to John Gallegos for $136,800 from CBSK Financial 

dba American Home Loans for the refinancing of 430 E. 6th Avenue 

(Loan Code 6th-5-A).

g. 5939 W. 44th Ave SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $279,801 liability to Aames Home 

Loans listed in the Liabilities Section of the loan application, or the debt of 

$279,801 to Aames Home Loan listed in the credit report. That liability 

and that debt actually correspond to the 3/21/2002 loan to John Gallegos 

for $278,000 from Aames Funding for the refinancing of 141 Lost Angel 

Road (Loan Code L-1).

h. The 11/30/01 loan to John Gallegos for $34,200 from CBSK Financial dba 

American Home Loans for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-5-B) was outstanding as of 6/25/02 and was not listed on the 

loan application for L-3 as a liability and on the Schedule of Real Estate 

Owned.

i. The 3/29/02 loan to John Gallegos for $400,000 from Resource Bank for 

the refinancing of 141 Lost Angel Road (Loan Code L-2) was outstanding 

as of 6/25/02 and was not listed on the loan application for L-3 as a liability 

and on the Schedule of Real Estate Owned.

j. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Equicredit (Loan Code 6th-2).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 95 of 186
96

k. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-3:

Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

1 FASB #1625 CCCT 7/10/02 $1,048.00 

2 FASB #1625 CCCT 8/14/02 $1,749.52 

3 FASB #7049 CW/WW (CW) 9/10/02 $1,666.21 

4 FASB #7049 CW/WW (CW) 10/8/02 $1,666.21 

5 FASB #7049 CW/WW (CW) 11/13/02 $1,666.21 

6 FASB #1666 CCCT 12/26/02 $1,749.52 

7 FASB #1666 CCCT 2/4/03 $1,666.21 

8 FASB #1666 CCCT 2/4/03 $1,666.21 

9 FASB #1666 CCCT 3/12/03 $1,749.52 

10 FASB #1666 CCCT 4/17/03 $1,678.20 

11 FASB #1666 CCCT 5/15/03 $1,666.21 

12 ANB #7831 CCCT 6/12/03 $1,666.21 

13 ANB #7831 CCCT 7/10/03 $1,666.21 

14 ANB #7831 CCCT 8/19/03 $1,666.21 

15 ANB #7831 CCCT 9/17/03 $1,666.21 

16 ANB #7831 CCCT 10/22/03 $1,749.52 

17 ANB #7831 CCCT 11/13/03 $1,666.21 

18 ANB #7831 CCCT 12/12/03 $1,666.21 

19 ANB #7831 CCCT 1/16/04 $1,666.21 

20 FASB #7056 JG (J) 2/24/04 $1,749.52 

21 FASB #7056 JG (J) 3/11/04 $1,666.21 

22 FASB #7056 JG (J) 4/14/04 $1,666.21 

23 FASB #7056 JG (J) 5/12/04 $1,666.21 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 96 of 186
97

Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

24 FASB #1625 CCCT 7/16/04 $3,332.42 

25 FASB #1625 CCCT 8/12/04 $1,666.21 

26 FASB #1625 CCCT 9/15/04 $1,666.21 

27 FASB #1625 CCCT 10/18/04 $1,666.21 

28 FASB #1625 CCCT 11/16/04 $1,666.21 

29 FASB #1625 CCCT 12/7/04 $1,666.21 

30 FASB #1625 CCCT 1/12/05 $1,666.21 

31 FASB #1625 CCCT 2/9/05 $1,666.21 

32 FASB #1625 CCCT 3/17/05 $1,666.21 

33 FASB #1625 CCCT 4/19/05 $1,666.21 

34 FASB #1625 CCCT 5/17/05 $1,666.21 

35 FASB #1625 CCCT 6/20/05 $1,666.21 

36 FASB #7056 JG (J) 7/13/05 $1,666.21 

37 FASB #7056 JG (J) 8/12/05 $2,138.50 

38 FASB #7056 JG (J) 9/14/05 $2,138.50 

39 FASB #7056 JG (J) 10/7/05 $2,138.50 

40 ANB # 4710 JG (J) 11/15/05 $2,138.50 

41 ANB # 4710 JG (J) 12/8/05 $2,138.50 

42 ANB # 4710 JG (J) 1/18/06 $2,138.50 

43 ANB # 4710 JG (J) 2/10/06 $2,303.14 

44 ANB # 4710 JG (J) 3/9/06 $2,303.14 

45 ANB # 4710 JG (J) 4/7/06 $2,303.14 

46 ANB # 4710 JG (J) 5/17/06 $2,303.14 

47 ANB # 4710 JG (J) 6/9/06 $2,303.14 

48 ANB # 4710 JG (J) 7/18/06 $2,303.14 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 97 of 186
98

Ref Bank Account

(see Abbreviation Chart after Opinion 

#52)

Date Payment 

49 ANB # 4710 JG (J) 8/7/06 $2,427.90 

50 ANB # 4710 JG (J) 9/11/06 $2,427.90 

51 ANB # 4710 JG (J) 10/16/06 $2,427.90 

52 ANB # 4710 JG (J) 11/15/06 $2,427.90 

53 ANB # 4710 JG (J) 12/15/06 $2,427.90 

54 ANB # 4710 JG (J) 1/16/07 $2,427.90 

55 ANB # 4710 JG (J) 2/14/07 $2,448.72 

56 ANB # 4710 JG (J) 3/9/07 $2,448.72 

57 ANB # 4710 JG (J) 4/17/07 $2,448.72 

58 ANB # 4723 WW (W) 5/10/07 $2,456.22 

59 ANB # 4710 JG (J) 6/13/07 $2,456.22 

60 ANB # 4723 WW (W) 7/12/07 $2,456.22 

61 ANB # 4710 JG (J) 8/13/07 $2,456.22 

62 GB #1321 WW/AW (WC) 9/14/07 $2,456.22 

63 ANB # 4710 JG (J) 10/17/07 $2,456.22 

64 ANB # 4710 JG (J) 11/8/07 $2,456.22 

65 ANB # 4723 WW (W) 12/18/07 $2,456.22 

66 ANB # 4723 WW (W) 1/25/08 $2,578.65 

67 ANB # 4723 WW (W) 2/14/08 $2,354.16 

68 GB #1321 WW/AW (WC) 3/18/08 $2,354.16 

69 GB #1321 WW/AW (WC) 4/22/08 $2,478.99 

70 GB #1321 WW/AW (WC) 5/27/08 $2,354.16 

l. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #28

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 98 of 186
99

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #29

29. Opinions for the loan dated 2/13/04 to John Gallegos by 1st Mariner Bank 

for $400,000. (This loan is designated as Loan Code L-4)

a. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $395,185 liability to LSC listed in 

the Liabilities Section of the loan application, or the debt of $395,185 to

LSC listed in the credit report. That liability and that debt actually 

correspond to the 3/29/2002 loan to John Gallegos for $400,000 from 

Resource Bank for the refinancing of 141 Lost Angel Road (Loan Code L2).

b. 21789 California SW, Puget Sound, Seattle, WA, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $355,665 liability to 

Countrywide listed in the Liabilities Section of the loan application, or the 

debt of $355,665 to Countrywide Home Loans listed in the credit report. 

That liability and that debt actually correspond to the 12/27/2002 loan to 

John Gallegos for $360,000 from for the refinancing of 7603 California 

Avenue SW (Loan Code Calif-2).

c. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $134,627 liability to Home Coming 

Funding listed in the Liabilities Section of the loan application, or the debt 

of $134,627 to Home Coming Funding NE listed in the credit report. That 

liability and that debt actually correspond to the 7/11/01 loan to John 

Gallegos for $136,800 from Matrix Financial Services for the refinancing of 

430 E. 6th Avenue (Loan Code 6th-4).

d. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $133,731 liability to Indymac listed 

in the Liabilities Section of the loan application, or the debt of $133,731 to 

Indymac Bank listed in the credit report. That liability and that debt 

actually correspond to the 6/25/2001 loan to John Gallegos for $136,800 

from Peoples Choice Home Loan for the refinancing of 430 E. 6th Avenue 

(Loan Code 6th-3).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 99 of 186
100

e. 1317 S. Raleigh Street, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $135,022 liability to Ocwen 

Federal Bank listed in the Liabilities Section of the loan application, or the 

debt of $135,022 to Ocwen Federal Bank listed in the credit report. That 

liability and that debt actually correspond to the 12/20/2001 loan to John 

Gallegos for $136,800 from Bridge Capital Corp for the refinancing of 430 

E. 6th Avenue (Loan Code 6th-6).

f. 1515 S. Navajo Street, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $134,585 liability to Ocwen 

Federal Bank listed in the Liabilities Section of the loan application, or the 

debt of $134,585 to Ocwen Federal Bank listed in the credit report. That 

liability and that debt actually correspond to the 11/30/2001 loan to John 

Gallegos for $136,800 from CBSK Financial dba American Home Loans 

for the refinancing of 430 E. 6th Avenue (Loan Code 6th-5-A).

g. 1519 S. Navajo Street, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $122,000 liability to Flagstar Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$122,000 to Flagstar Bank listed in the credit report. That liability and that 

debt actually correspond to the 9/22/00 loan to John Gallegos for 

$124,720 from Stonecreek Funding for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-2).

h. The 9/22/00 loan to John Gallegos for $124,700 from Flagstar Bank for 

the refinancing of 430 E. 6th Avenue (Loan Code 6th-1) was outstanding 

as of 2/13/04 and was not listed on loan application for L-4 as a liability 

and on the Schedule of Real Estate Owned.

i. 77217 Terra Cr, Scottsdale, AZ, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $271,688 liability to LSC listed in the 

Liabilities Section of the loan application, or the debt of $271,688 to LSC 

listed in the credit report. That liability and that debt actually correspond to 

the 3/21/2002 loan to John Gallegos for $278,000 from Aames Funding for 

the refinancing of 141 Lost Angel Road (Loan Code L-1).

j. 1213 S. Mariposa, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $227,037 liability to Home Coming 

Funding listed in the Liabilities Section of the loan application, or the debt 

of $227,037 to Home Coming Funding NE listed in the credit report. That 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 100 of 186
101

liability and that debt actually correspond to the 6/25/2002 loan to John 

Gallegos for $229,800 from General Mortgage Corp of America for the 

refinancing of 141 Lost Angel Road (Loan Code L-3).

k. 21789 California SW, Puget Sound, Seattle, WA, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $34,045 liability to 

Wilshire Credit Corp listed in the Liabilities Section of the loan application, 

or the debt of $34,045 to Wilshire Credit Corp listed in the credit report. 

That liability and that debt actually correspond to the 11/30/2001 loan to 

John Gallegos for $34,200 from CBSK Financial dba American Home 

Loans for the refinancing of 430 E. 6th Avenue (Loan Code 6th-5-B).

l. Loan proceeds of $397,733.41 were deposited by wire transfer into the 

First American State Bank account #111625 in the name of Colorado 

County & Community Title Money Market Account on 2/19/04.

m. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Fairbanks (Loan Code L-2). 

n. The proceeds from this loan were used in part to fund the payoff of S-2.

o. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-4:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #7056 JG (J) 4/16/04 $2,920.19 

2 FASB #7056 JG (J) 5/12/04 $2,920.19 

3 FASB #7056 JG (J) 6/11/04 $2,920.19 

4 FASB #7056 JG (J) 7/16/04 $2,920.19 

5 FASB #7056 JG (J) 8/12/04 $2,920.19 

6 FASB #7056 JG (J) 9/15/04 $2,920.19 

7 FASB #7056 JG (J) 10/18/04 $2,920.19 

8 FASB #7056 JG (J) 11/15/04 $2,920.19 

9 FASB #7056 JG (J) 12/6/04 $2,920.19 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 101 of 186
102

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

10 FASB #7056 JG (J) 1/13/05 $2,920.19 

11 FASB #7056 JG (J) 2/16/05 $2,920.19 

12 FASB #7056 JG (J) 3/16/05 $2,920.19 

13 FASB #7056 JG (J) 4/18/05 $2,865.98 

14 FASB #7056 JG (J) 5/17/05 $2,865.98 

15 FASB #7056 JG (J) 6/21/05 $2,865.98 

16 FASB #7056 JG (J) 7/11/05 $2,865.98 

17 FASB #7056 JG (J) 8/10/05 $2,865.98 

18 FASB #7056 JG (J) 9/13/05 $2,865.98 

19 FASB #7056 JG (J) 10/7/05 $2,865.98 

20 ANB # 4710 JG (J) 11/15/05 $2,865.98 

21 ANB # 4710 JG (J) 12/7/05 $2,865.98 

22 ANB # 4710 JG (J) 1/12/06 $2,865.98 

23 ANB # 4710 JG (J) 2/9/06 $2,865.98 

24 ANB # 4710 JG (J) 3/8/06 $2,903.66 

25 ANB # 4710 JG (J) 4/7/06 $2,891.16 

26 ANB # 4710 JG (J) 6/8/06 $3,017.57 

27 ANB # 1142 RET (WJ) 6/22/06 $2,903.66 

28 ANB # 4723 WW (W) 7/18/06 $2,891.16 

29 ANB # 4723 WW (W) 8/7/06 $2,891.16 

30 ANB # 4710 JG (J) 9/11/06 $2,891.16 

31 ANB # 4723 WW (W) 10/13/06 $2,891.16 

32 ANB # 4723 WW (W) 11/15/06 $2,891.16 

33 ANB # 4710 JG (J) 12/15/06 $3,017.57 

34 ANB # 4723 WW (W) 1/16/07 $2,891.16 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 102 of 186
103

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

35 ANB # 4723 WW (W) 2/9/07 $2,891.16 

36 ANB # 4723 WW (W) 3/9/07 $2,891.16 

37 ANB # 4723 WW (W) 4/17/07 $3,359.07 

38 ANB # 4723 WW (W) 5/9/07 $3,359.07 

39 ANB # 4723 WW (W) 6/20/07 $3,359.07 

40 ANB # 4723 WW (W) 7/12/07 $3,359.07 

41 ANB # 4723 WW (W) 8/14/07 $3,359.07 

42 ANB # 4723 WW (W) 9/18/07 $3,359.07 

43 ANB # 4723 WW (W) 10/17/07 $3,359.07 

44 ANB # 4723 WW (W) 11/9/07 $3,359.07 

45 ANB # 4723 WW (W) 12/19/07 $3,359.07 

46 ANB # 4723 WW (W) 1/28/08 $3,359.07 

47 ANB # 4723 WW (W) 2/15/08 $3,359.07 

48 GB #1321 WW/AW (WC) 3/18/08 $3,359.07 

49 GB #1321 WW/AW (WC) 4/11/08 $3,242.75 

50 GB #1321 WW/AW (WC) 5/28/08 $3,242.75 

p. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #29

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #30

30. Opinions for the loan dated 4/9/04 to Waun Weingart by Chase Manhattan 

Mortgage for $410,000. (This loan is designated as Loan Code L-5)

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 103 of 186
104

a. Loan proceeds of $403,309.69 were deposited by wire transfer into the 

First American State Bank account #111625 in the name of Colorado 

County & Community Title Money Market Account on 4/13/04.

b. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar. 

c. The proceeds from this loan were used in part to fund the payoff of S-9.

d. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-5:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB #7831 CCCT 6/21/04 $3,141.35 

2 ANB #7831 CCCT 7/16/04 $3,133.35 

3 ANB #7831 CCCT 8/12/04 $3,133.35 

4 ANB #7831 CCCT 9/16/04 $3,133.35 

5 ANB #7831 CCCT 10/18/04 $3,133.35 

6 ANB #7831 CCCT 11/17/04 $3,133.35 

7 ANB #7831 CCCT 12/6/04 $3,133.35 

8 ANB #7831 CCCT 1/12/05 $3,133.35 

9 ANB #7831 CCCT 2/10/05 $3,133.35 

10 ANB #7831 CCCT 3/16/05 $3,133.35 

11 FASB #1355 CW/WW (CW) 4/19/05 $3,133.35 

12 FASB #1355 CW/WW (CW) 5/17/05 $3,133.35 

13 FASB #1355 CW/WW (CW) 6/21/05 $3,176.12 

14 FASB #1355 CW/WW (CW) 7/11/05 $3,121.16 

15 FASB #1355 CW/WW (CW) 8/10/05 $3,121.16 

16 FASB #1355 CW/WW (CW) 9/13/05 $3,121.16 

17 FASB #1355 CW/WW (CW) 10/7/05 $3,121.16 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 104 of 186
105

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

18 ANB # 4723 WW (W) 11/15/05 $3,121.16 

19 ANB # 4723 WW (W) 12/7/05 $3,121.16 

20 ANB # 4723 WW (W) 1/12/06 $3,121.16 

21 ANB # 4723 WW (W) 2/9/06 $3,121.16 

22 ANB # 4723 WW (W) 3/8/06 $3,121.16 

23 ANB # 4723 WW (W) 4/6/06 $3,121.16 

24 ANB # 4723 WW (W) 5/12/06 $3,121.16 

25 ANB # 4723 WW (W) 6/8/06 $3,121.16 

26 ANB # 4723 WW (W) 7/17/06 $3,121.16 

27 ANB # 4723 WW (W) 8/14/06 $3,121.16 

28 ANB # 4723 WW (W) 9/8/06 $3,116.65 

29 ANB # 4723 WW (W) 10/24/06 $3,256.50 

30 ANB # 4723 WW (W) 11/16/06 $3,116.65 

31 ANB # 4723 WW (W) 12/14/06 $3,116.65 

32 ANB # 4723 WW (W) 1/12/07 $3,116.65 

33 ANB # 4723 WW (W) 2/9/07 $3,116.65 

34 ANB # 4723 WW (W) 3/8/07 $3,116.65 

35 ANB # 4723 WW (W) 4/17/07 $3,116.65 

36 ANB # 4723 WW (W) 5/9/07 $3,116.65 

37 ANB # 4723 WW (W) 6/19/07 $3,116.65 

38 ANB # 4723 WW (W) 7/12/07 $3,116.65 

39 ANB # 4723 WW (W) 8/13/07 $3,116.65 

40 ANB # 4723 WW (W) 9/14/07 $3,123.82 

41 ANB # 4723 WW (W) 10/17/07 $3,123.82 

42 ANB # 4723 WW (W) 11/8/07 $3,123.82 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 105 of 186
106

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

43 ANB # 4723 WW (W) 12/17/07 $3,123.82 

44 ANB # 4723 WW (W) 1/29/08 $3,263.67 

45 ANB # 4723 WW (W) 2/15/08 $3,123.82 

46 GB #1321 WW/AW (WC) 3/14/08 $3,123.82 

47 GB #1321 WW/AW (WC) 4/10/08 $3,123.82 

48 GB #1321 WW/AW (WC) 5/27/08 $3,123.82 

e. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #30

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #31

31. Opinions for the loan dated 5/24/04 to Waun Weingart by America's 

Wholesale Lender for $444,500. (This loan is designated as Loan Code L-6)

a. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $351,620 liability to Countrywide 

Fund listed in the Liabilities Section of the loan application, or the debt of 

$0 to Countrywide listed in the credit report. That liability and that debt 

actually correspond to the 8/24/1998 loan to Craig & Waun Weingart for 

$372,000 from Standard Financial Corp dba Standard Loans for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-2).

b. 4325- 430 E. 5th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $350,306 liability to Loanworks 

listed in the Liabilities Section of the loan application, or the debt of 

$349,503 to Indymac-HLS listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 106 of 186
107

c. 2122 W. 44th, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $349,780 liability to Option One listed in 

the Liabilities Section of the loan application, or the debt of $349,587 to 

Option One listed in the credit report. That liability and that debt actually 

correspond to the 10/12/2000 loan to Craig & Waun Weingart for 

$356,000 from Option One Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-6).

d. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $34,267 liability to “Benfcl/HFC” 

listed in the Liabilities Section of the loan application, or the debt of 

$32,900 to “Benfcl/HFC” listed in the credit report. That liability and that 

debt actually correspond to the 8/1/2002 loan to Craig & Waun Weingart 

for $35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

e. The 4/9/04 loan to Waun Weingart for $320,000 from Chase Manhattan 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S11) was outstanding as of 5/24/04 and was not listed on the loan 

application for L-6 as a liability and on the Schedule of Real Estate 

Owned.

f. The 4/9/04 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 141 Lost Angel Road (Loan Code L-5) was 

outstanding as of 5/24/04 and was not listed on the loan application for L-6 

as a liability and on the Schedule of Real Estate Owned.

g. The 5/6/04 loan to Waun Weingart for $400,000 from Washington Mutual 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-12) 

was outstanding of 5/24/04 and was not listed on the loan application for 

L-6 as a liability and on the Schedule of Real Estate Owned.

h. Loan proceeds of $448,420.02 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 5/26/04.

i. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Countrywide (Loan Code S-2). 

j. The proceeds from this loan were used in part to fund the payoff of Unk-1.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 107 of 186
108

k. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-6:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 7/15/04 $2,861.35 

2 FASB #1355 CW/WW (CW) 8/11/04 $2,861.35 

3 FASB #1355 CW/WW (CW) 9/15/04 $2,861.35 

4 FASB #1355 CW/WW (CW) 10/15/04 $2,861.35 

5 FASB #1355 CW/WW (CW) 11/15/04 $2,861.35 

6 FASB #1355 CW/WW (CW) 12/6/04 $2,861.35 

7 FASB #1355 CW/WW (CW) 1/11/05 $2,861.35 

8 FASB #1355 CW/WW (CW) 2/8/05 $2,861.35 

9 FASB #1355 CW/WW (CW) 3/15/05 $2,861.35 

10 FASB #1355 CW/WW (CW) 4/18/05 $2,861.35 

11 FASB #1355 CW/WW (CW) 5/16/05 $2,861.35 

12 FASB #1355 CW/WW (CW) 6/17/05 $2,861.35 

13 FASB #1355 CW/WW (CW) 7/8/05 $2,860.67 

14 FASB #1355 CW/WW (CW) 8/10/05 $2,860.67 

15 FASB #1355 CW/WW (CW) 9/13/05 $2,860.67 

16 FASB #1355 CW/WW (CW) 10/6/05 $2,860.67 

17 ANB # 4723 WW (W) 11/14/05 $2,860.67 

18 ANB # 4723 WW (W) 12/7/05 $2,860.67 

19 ANB # 4723 WW (W) 1/12/06 $2,860.67 

20 ANB # 4723 WW (W) 2/9/06 $2,860.67 

21 ANB # 4723 WW (W) 3/6/06 $2,860.67 

22 ANB # 4723 WW (W) 4/6/06 $2,860.67 

23 ANB # 4723 WW (W) 5/16/06 $2,860.67 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 108 of 186
109

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

24 ANB # 4723 WW (W) 6/8/06 $2,860.67 

25 ANB # 4723 WW (W) 7/17/06 $2,860.67 

26 ANB # 4723 WW (W) 8/14/06 $2,860.67 

27 ANB # 4723 WW (W) 9/12/06 $2,860.67 

28 ANB # 4723 WW (W) 10/13/06 $2,851.72 

29 ANB # 4723 WW (W) 11/14/06 $2,851.72 

30 ANB # 4723 WW (W) 12/14/06 $2,851.72 

31 ANB # 4723 WW (W) 1/12/07 $2,851.72 

32 ANB # 4723 WW (W) 2/9/07 $2,851.72 

33 ANB # 4723 WW (W) 3/8/07 $2,851.72 

34 ANB # 4723 WW (W) 4/16/07 $2,851.72 

35 ANB # 4723 WW (W) 5/8/07 $2,851.72 

36 ANB # 4723 WW (W) 6/12/07 $2,851.72 

37 ANB # 4723 WW (W) 7/11/07 $2,851.72 

38 ANB # 4723 WW (W) 8/13/07 $2,851.72 

39 ANB # 4723 WW (W) 9/13/07 $2,851.72 

40 ANB # 4723 WW (W) 10/16/07 $2,856.60 

41 ANB # 4723 WW (W) 11/8/07 $2,856.60 

42 ANB # 4723 WW (W) 12/17/07 $2,856.60 

43 ANB # 4723 WW (W) 1/25/08 $2,981.62 

44 ANB # 4723 WW (W) 2/14/08 $3,364.92 

45 GB #1321 WW/AW (WC) 3/17/08 $2,854.89 

46 ANB # 4723 WW (W) 4/8/08 $3,368.39 

47 ANB # 4723 WW (W) 5/27/08 $2,851.43 

l. This loan was not paid off as of May 31, 2008.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 109 of 186
110

OBJECTION TO OPINION #31

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #32

32. Opinions L-7 for the loan dated 10/25/04 to Waun Weingart by Washington 

Mutual Bank for $397,000. (This loan is designated as Loan Code L-7)

a. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $32,763 liability to “Benfcl/HFC” 

listed in the Liabilities Section of the loan application, or the debt of 

$32,763 to “Benfcl/HFC” listed in the credit report. That liability and that 

debt actually correspond to the 8/1/2002 loan to Craig & Waun Weingart 

for $35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

b. 2122 W. 44th, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $319,227 liability to “Chase Manhattan 

Mortga” listed in the Liabilities Section of the loan application, or the debt 

of $319,227 to Chase “Manhattan Mortga” listed in the credit report. That 

liability and that debt actually correspond to the 4/9/2004 loan to Waun 

Weingart for $320,000 from Chase Manhattan Mortgage for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-11). 

c. 3165 S Ogden St, San Diego, CA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $409,034 liability to “Chase 

Manhattan Mortga” listed in the Liabilities Section of the loan application, 

or the debt of $409,034 to “Chase Manhattan Mortga” listed in the credit 

report. That liability and that debt actually correspond to the 4/9/2004 loan 

to Waun Weingart for $410,000 from Chase Manhattan Mortgage for the 

refinancing of 141 Lost Angel Road (Loan Code L-5).

d. 7603 SW California, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $444,500 liability to Countrywide 

Home Loans listed in the Liabilities Section of the loan application, or the 

debt of $444,500 to Countrywide Home Loans listed in the credit report. 

That liability and that debt actually correspond to the 5/24/2004 loan to 

Waun Weingart for $444,500 from America's Wholesale Lender for the 

refinancing of 141 Lost Angel Road (Loan Code L-6).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 110 of 186
111

e. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $385,997 liability to Flagstar Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$385,997 to Flagstar Bank listed in the credit report. That liability and that 

debt actually correspond to the 8/7/2000 loan to Craig & Waun Weingart 

for $397,500 from Flagstar Bank for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-5).

f. 421-430 E. 6th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $347,452 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$347,452 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

g. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $348,390 liability to Option One 

Mortgage listed in the Liabilities Section of the loan application, or the debt 

of $348,390 to Option One Mortgage listed in the credit report. That 

liability and that debt actually correspond to the 10/12/2000 loan to Craig 

& Waun Weingart for $356,000 from Option One Mortgage for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-6).

h. Loan proceeds of $391,598.13 were deposited by wire transfer into the 

First American State Bank account #117523 in the name of Colorado 

County & Community Title Escrow/Trust Account on 10/25/04.

i. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar (Loan Code S-5).

j. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-7:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 1/11/05 $1,621.84 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 111 of 186
112

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

2 FASB #1355 CW/WW (CW) 2/11/05 $1,621.84 

3 FASB #1355 CW/WW (CW) 3/15/05 $1,621.84 

4 FASB #1355 CW/WW (CW) 4/18/05 $1,621.84 

5 FASB #1355 CW/WW (CW) 5/17/05 $1,621.84 

6 FASB #1355 CW/WW (CW) 6/20/05 $1,621.84 

7 FASB #1355 CW/WW (CW) 7/11/05 $1,614.13 

8 FASB #1355 CW/WW (CW) 8/10/05 $1,614.13 

9 FASB #1355 CW/WW (CW) 9/14/05 $1,614.13 

10 FASB #1355 CW/WW (CW) 10/7/05 $1,614.13 

11 ANB # 4723 WW (W) 11/15/05 $1,614.13 

12 ANB # 4723 WW (W) 12/7/05 $1,709.89 

13 ANB # 4723 WW (W) 1/12/06 $1,709.89 

14 ANB # 4723 WW (W) 2/9/06 $1,709.89 

15 ANB # 4723 WW (W) 3/8/06 $1,709.89 

16 ANB # 4723 WW (W) 4/6/06 $1,709.89 

17 ANB # 4723 WW (W) 5/12/06 $1,709.89 

18 ANB # 4723 WW (W) 6/8/06 $1,709.89 

19 ANB # 4723 WW (W) 7/17/06 $1,695.18 

20 ANB # 4723 WW (W) 8/4/06 $1,695.18 

21 ANB # 4723 WW (W) 9/8/06 $1,695.18 

22 ANB # 4723 WW (W) 10/13/06 $1,695.18 

23 ANB # 4723 WW (W) 11/14/06 $1,695.18 

24 ANB # 4723 WW (W) 12/14/06 $1,798.13 

25 ANB # 4723 WW (W) 1/12/07 $1,798.13 

26 ANB # 4723 WW (W) 2/12/07 $1,798.13 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 112 of 186
113

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

27 ANB # 4723 WW (W) 3/7/07 $1,798.13 

28 ANB # 4723 WW (W) 4/16/07 $1,798.13 

29 ANB # 4723 WW (W) 5/9/07 $1,798.13 

30 ANB # 4723 WW (W) 6/19/07 $1,806.32 

31 ANB # 4723 WW (W) 7/11/07 $1,806.32 

32 ANB # 4723 WW (W) 8/13/07 $1,806.32 

33 ANB # 4723 WW (W) 9/13/07 $1,806.32 

34 ANB # 4723 WW (W) 10/16/07 $1,806.32 

35 ANB # 4723 WW (W) 11/8/07 $1,806.32 

36 ANB # 4723 WW (W) 12/17/07 $1,916.99 

37 ANB # 4723 WW (W) 1/25/08 $1,996.30 

38 ANB # 4723 WW (W) 2/14/08 $1,916.99 

39 ANB # 4723 WW (W) 3/17/08 $1,916.99 

40 ANB # 4723 WW (W) 4/8/08 $1,916.99 

41 GB #1321 WW/AW (WC) 5/27/08 $1,916.99 

k. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #32

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #33

33. Opinions for the loan dated 11/15/04 to Waun Weingart by Lehman Brothers 

Bank for $400,000. (This loan is designated as Loan Code L-8)

a. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $32,799 liability to Beneficial/HFC 

listed in the Liabilities Section of the loan application, or the debt of 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 113 of 186
114

$32,799 to Beneficial/HFC listed in the credit report. That liability and that 

debt actually correspond to the 8/1/2002 loan to Craig & Waun Weingart 

for $35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

b. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $387,443.40 liability to Flagstar 

Bank listed in the Liabilities Section of the loan application, or the debt of 

$385,997 to Flagstar Bank listed in the credit report. That liability and that 

debt actually correspond to the 8/7/2000 loan to Craig & Waun Weingart 

for $397,500 from Flagstar Bank for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-5).

c. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $399,143 liability to WAMU listed 

in the Liabilities Section of the loan application, or the debt of $399,143 to 

“Wshngtn Mut”l listed in the credit report. That liability and that debt 

actually correspond to the 5/6/2004 loan to Waun Weingart for $400,000 

from Washington Mutual Bank (WAMU) for the refinancing of 7766 

Saxeborough Drive (Loan Code S-12).

d. 421-430 E. 6th Ave., Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $347,452 liability to Indymac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$347,452 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

e. 7603 SW California St, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $444,500 liability to Countrywide 

Fund listed in the Liabilities Section of the loan application, or the debt of 

$444,500 to Countrywide Fund listed in the credit report. That liability and 

that debt actually correspond to the 5/24/2004 loan to Waun Weingart for 

$444,500 from America's Wholesale Lender for the refinancing of 141 

Lost Angel Road (Loan Code L-6).

f. La Jolla, CA, a location listed on the Schedule of Real Estate Owned 

Section of the loan application, is not the location of the property which 

was pledged as collateral for part of the $728,261 liability to Chase 

Manhattan Mort listed in the Liabilities Section of the loan application, or

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 114 of 186
115

the debt of $409,034 to Chase Manhattan Mortga listed in the credit 

report. Part of that liability and that debt actually correspond to the 

4/9/2004 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 141 Lost Angel Road (Loan Code L-5).

g. Seattle, WA, a location listed on the Schedule of Real Estate Owned 

Section of the loan application, is not the location of the property which 

was pledged as collateral for part of the $728,261 liability to Chase 

Manhattan Mort listed in the Liabilities Section of the loan application, or 

the debt of $319,227 to Chase Manhattan Mortga listed in the credit 

report. Part of that liability and that debt actually correspond to the 

4/9/2004 loan to Waun Weingart for $320,000 from Chase Manhattan 

Mortgage for the refinancing of 7766 Saxeborough Drive (Loan Code S11). 

h. The 10/25/04 loan to Waun Weingart for $397,000 from Washington 

Mutual Bank for the refinancing of 141 Lost Angel Road (Loan Code L-7) 

was outstanding as of 11/15/04 and was not listed on the loan application 

for L-8 as a liability and on the Schedule of Real Estate Owned.

i. The 11/15/04 loan to Waunita Weingart for $360,400 from Ohio Savings 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-13) 

was outstanding as of 11/15/04 and was not listed on the loan application 

for L-8 as a liability and on the Schedule of Real Estate Owned.

j. The 11/15/04 loan to Waun Weingart for $360,000 from Lehman Brothers 

Bank for the refinancing of 7766 Saxeborough Drive (Loan Code S-14) 

was outstanding as of 11/15/04 and was not listed on the loan application 

for L-8 as a liability and on the Schedule of Real Estate Owned.

k. Loan proceeds of $392,965.22 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 11/15/04.

l. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Flagstar Bank (Loan Code S-5). 

m. The proceeds from this loan were used in part to fund the payoff of S-10.

n. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-8:

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 115 of 186
116

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 1/12/05 $2,989.73 

2 FASB #1355 CW/WW (CW) 2/9/05 $2,989.73 

3 FASB #1355 CW/WW (CW) 3/16/05 $3,130.32 

4 FASB #1355 CW/WW (CW) 4/19/05 $3,130.32 

5 FASB #1355 CW/WW (CW) 5/17/05 $3,130.32 

6 FASB #1355 CW/WW (CW) 6/20/05 $3,130.32 

7 FASB #1355 CW/WW (CW) 7/11/05 $3,130.32 

8 FASB #1355 CW/WW (CW) 8/11/05 $3,130.32 

9 FASB #1355 CW/WW (CW) 9/15/05 $3,130.32 

10 FASB #1355 CW/WW (CW) 10/7/05 $2,989.28 

11 ANB # 4723 WW (W) 11/15/05 $2,989.28 

12 ANB # 4723 WW (W) 12/8/05 $2,989.28 

13 ANB # 4723 WW (W) 1/10/06 $2,989.28 

14 ANB # 4723 WW (W) 2/10/06 $2,989.28 

15 ANB # 4723 WW (W) 3/9/06 $2,989.28 

16 GB #1321 WW/AW (WC) 4/7/06 $2,979.28 

17 GB #1321 WW/AW (WC) 5/12/06 $2,952.24 

18 GB #1321 WW/AW (WC) 6/9/06 $2,952.24 

19 GB #1321 WW/AW (WC) 7/18/06 $2,952.24 

20 GB #1321 WW/AW (WC) 8/15/06 $2,952.24 

21 GB #1348 JG (J) 9/11/06 $2,952.24 

22 GB #1321 WW/AW (WC) 10/13/06 $2,952.24 

23 ANB # 4723 WW (W) 11/15/06 $2,952.24 

24 ANB # 4723 WW (W) 12/15/06 $2,952.24 

25 ANB # 4723 WW (W) 1/16/07 $2,952.24 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 116 of 186
117

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

26 ANB # 4723 WW (W) 2/15/07 $2,952.24 

27 ANB # 4723 WW (W) 3/9/07 $2,952.24 

28 ANB # 4723 WW (W) 4/17/07 $2,952.24 

29 ANB # 4723 WW (W) 5/11/07 $2,952.24 

30 ANB # 4723 WW (W) 6/13/07 $2,979.04 

31 ANB # 4723 WW (W) 7/13/07 $2,979.04 

32 ANB # 4723 WW (W) 8/14/07 $2,979.04 

33 ANB # 4723 WW (W) 9/14/07 $2,989.04 

34 ANB # 4723 WW (W) 10/17/07 $2,989.04 

35 GB #1321 WW/AW (WC) 11/9/07 $2,979.04 

36 ANB # 4723 WW (W) 12/18/07 $2,989.04 

37 ANB # 4723 WW (W) 1/28/08 $3,117.10 

38 ANB # 4723 WW (W) 2/27/08 $3,117.10 

39 GB #1321 WW/AW (WC) 3/17/08 $2,989.04 

40 GB #1321 WW/AW (WC) 4/16/08 $2,979.04 

o. This loan was paid off on May 6, 2008 by a wire transfer of $386,782.76 

from the Guaranty Bank account #55011321 in the name of Waunita R. 

Weingart and Alois Craig Weingart.

OBJECTION TO OPINION #33

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #34

34. Opinions for the loan dated 8/25/05 to John Gallegos by Wells Fargo Bank 

NA for $400,000. (This loan is designated as Loan Code L-9)

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 117 of 186
118

a. 561 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $120,449 liability to Flagstar Bank listed 

in the Liabilities Section of the loan application, or the debt of $120,449 to 

Flagstar Bank listed in the credit report. That liability and that debt 

actually correspond to the 9/22/2000 loan to John Gallegos for $124,700 

from Flagstar Bank for the refinancing of 430 E. 6th Avenue (Loan Code 

6th-1).

b. 571 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $132,911 liability to “Home Coming Fun” 

listed in the Liabilities Section of the loan application, or the debt of 

$132,911 to Home Coming Funding listed in the credit report. That liability 

and that debt actually correspond to the 7/11/01 loan to John Gallegos for 

$136,800 from Matrix Financial Services for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-4).

c. 2122 W. 44th Avenue, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $223,681 liability to “Home 

Coming Fun” listed in the Liabilities Section of the loan application, or the 

debt of $223,681 to Home Coming Funding listed in the credit report. That 

liability and that debt actually correspond to the 6/25/2002 loan to John 

Gallegos for $229,800 from General Mortgage Corp of America for the 

refinancing of 141 Lost Angel Road (Loan Code L-3).

d. 777 Sunrise Place, Phoenix, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $267,168 liability to “Select 

Portfolio Svc” listed in the Liabilities Section of the loan application, or the 

debt of $267,168 to “Select Portfolio Svcin” listed in the credit report. That 

liability and that debt actually correspond to the 3/21/2002 loan to John 

Gallegos for $278,000 from Aames Funding for the refinancing of 141 Lost 

Angel Road (Loan Code L-1).

e. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $34,253 liability to Wilshire Credit 

Corp listed in the Liabilities Section of the loan application, or the debt of 

$34,276 to Wilshire Credit Corp listed in the credit report. That liability and 

that debt actually correspond to the 11/30/2001 loan to John Gallegos for 

$34,200 from CBSK Financial dba American Home Loans for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-5-B).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 118 of 186
119

f. 563 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $131,517 liability to Indymac Bank listed 

in the Liabilities Section of the loan application, or the debt of $131,517 to 

Indymac Bank listed in the credit report. That liability and that debt 

actually correspond to the 6/25/2001 loan to John Gallegos for $136,800 

from Peoples Choice Home Loan for the refinancing of 430 E. 6th Avenue 

(Loan Code 6th-3).

g. 569 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $132,000 liability to “Ocwen Federal B” 

listed in the Liabilities Section of the loan application, or the debt of 

132300 to Ocwen Federal Bank listed in the credit report. That liability 

and that debt actually correspond to the 11/30/2001 loan to John Gallegos 

for $136,800 from CBSK Financial dba American Home Loans for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-5-A).

h. 576 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $133,298 liability to “Ocwen Federal B” 

listed in the Liabilities Section of the loan application, or the debt of 

$133,298 to Ocwen Federal Bank listed in the credit report. That liability 

and that debt actually correspond to the 12/20/2001 loan to John Gallegos 

for $136,800 from Bridge Capital Corp for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-6).

i. 2523 W. 45th Avenue, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $267,168 liability to “Select 

Portfoli” listed in the Liabilities Section of the loan application, or the debt 

of $389,606 to “Select Portfolio Svcin” listed in the credit report. That 

liability and that debt actually correspond to the 3/29/2002 loan to John 

Gallegos for $400,000 from Resource Bank for the refinancing of 141 

Lost Angel Road (Loan Code L-2).

j. 430 E. 6th Ave., Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $120,838 liability to “Select Portfoli” listed 

in the Liabilities Section of the loan application, or the debt of $120,838 to 

“Select Portfolio Svcin” listed in the credit report. That liability and that 

debt actually correspond to the 9/22/00 loan to John Gallegos for 

$124,720 from Stonecreek Funding for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-2).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 119 of 186
120

k. Loan proceeds of $411,000.00 were deposited by wire transfer into the 

American National Bank account #70231142 in the name of Real Estate 

Title LLC on 8/30/05.

l. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Ohio Savings Bank (Loan Code L-4).

m. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-9:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #7056 JG (J) 10/26/05 $2,811.86 

2 ANB # 4710 JG (J) 11/15/05 $2,806.86 

3 ANB # 4710 JG (J) 12/7/05 $2,806.86 

4 ANB # 4710 JG (J) 1/12/06 $2,806.86 

5 ANB # 4710 JG (J) 2/9/06 $2,806.86 

6 ANB # 4710 JG (J) 3/8/06 $2,806.86 

7 ANB # 4710 JG (J) 4/7/06 $2,806.86 

8 ANB # 4710 JG (J) 5/12/06 $2,806.86 

9 ANB # 4710 JG (J) 6/8/06 $2,806.86 

10 ANB # 4710 JG (J) 7/17/06 $2,806.86 

11 ANB # 4710 JG (J) 8/14/06 $2,806.86 

12 ANB # 4710 JG (J) 9/8/06 $2,806.86 

13 ANB # 4710 JG (J) 10/13/06 $2,806.86 

14 ANB # 4710 JG (J) 11/15/06 $2,806.86 

15 ANB # 4710 JG (J) 12/14/06 $2,806.86 

16 ANB # 4710 JG (J) 1/12/07 $2,806.86 

17 ANB # 4710 JG (J) 2/12/07 $2,852.52 

18 ANB # 4710 JG (J) 3/8/07 $2,852.52 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 120 of 186
121

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

19 ANB # 4710 JG (J) 4/17/07 $2,852.52 

20 ANB # 4710 JG (J) 5/9/07 $2,852.52 

21 ANB # 4710 JG (J) 6/19/07 $2,852.52 

22 ANB # 4710 JG (J) 7/12/07 $2,852.52 

23 ANB # 4710 JG (J) 8/13/07 $2,852.52 

24 ANB # 4710 JG (J) 9/14/07 $2,852.52 

25 ANB # 4710 JG (J) 10/17/07 $2,852.52 

26 ANB # 4710 JG (J) 11/8/07 $2,852.52 

27 ANB # 4710 JG (J) 12/18/07 $2,852.52 

28 ANB # 4710 JG (J) 1/25/08 $2,992.36 

29 ANB # 4710 JG (J) 2/14/08 $2,806.86 

30 GB #9410 RET (WJ) 3/27/08 $2,936.70 

31 GB #9410 RET (WJ) 4/8/08 $2,806.86 

32 GB #1321 WW/AW (WC) 5/27/08 $2,946.70 

n. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #34

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #35

35. Opinions for the loan dated 12/27/06 to John Gallegos by Wells Fargo Bank 

NA for $495,000. (This loan is designated as Loan Code L-11)

a. 434 E. 6th Ave., Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $118,889 liability to Flagstar Bank listed 

in the Liabilities Section of the loan application, or the debt of $118,889 to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 121 of 186
122

Flagstar Bank listed in the credit report. That liability and that debt 

actually correspond to the 9/22/2000 loan to John Gallegos for $124,700 

from Flagstar Bank for the refinancing of 430 E. 6th Avenue (Loan Code 

6th-1). 

b. 575 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $221,773 liability to Home Coming Fun 

listed in the Liabilities Section of the loan application, or the debt of 

$221,773 to Home Coming Funding listed in the credit report. That liability 

and that debt actually correspond to the 6/25/2002 loan to John Gallegos 

for $229,800 from General Mortgage Corp of America for the refinancing 

of 141 Lost Angel Road (Loan Code L-3).

c. 569 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $131,176 liability to Home Coming Fun 

listed in the Liabilities Section of the loan application, or the debt of 

$131,176 to Home Coming Funding listed in the credit report. That liability 

and that debt actually correspond to the 7/11/01 loan to John Gallegos for 

$136,800 from Matrix Financial Services for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-4).

d. 563 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $129,631 liability to Indymac Bank listed 

in the Liabilities Section of the loan application, or the debt of $129,631 to 

Indymac Bank listed in the credit report. That liability and that debt 

actually correspond to the 6/25/2001 loan to John Gallegos for $136,800 

from Peoples Choice Home Loan for the refinancing of 430 E. 6th Avenue 

(Loan Code 6th-3).

e. 2523 W. 45th Ave, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $395,992 liability to “Wells Fargo Home 

Mor” listed in the Liabilities Section of the loan application, or the debt of 

$395,992 to “Wells Fargo Home Mor” listed in the credit report. That 

liability and that debt actually correspond to the 8/25/2005 loan to John 

Gallegos for $400,000 from Wells Fargo Bank NA for the refinancing of 

141 Lost Angel Road (Loan Code L-9).

f. 7603 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $34,074 liability to Wilshire Credit 

Corp. listed in the Liabilities Section of the loan application, or the debt of 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 122 of 186
123

$34,074 to Wilshire Credit Corp listed in the credit report. That liability and 

that debt actually correspond to the 11/30/2001 loan to John Gallegos for 

$34,200 from CBSK Financial dba American Home Loans for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-5-B).

g. 561 Pennsylvania, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $128,596 liability to “Ocwen Loan 

Serv” listed in the Liabilities Section of the loan application, or the debt of 

$128,596 to Ocwen Loan Servicing listed in the credit report. That liability 

and that debt actually correspond to the 11/30/2001 loan to John Gallegos 

for $136,800 from CBSK Financial dba American Home Loans for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-5-A).

h. 571 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $132,016 liability to “Ocwen Loan Serv” 

listed in the Liabilities Section of the loan application, or the debt of 

$132,016 to Ocwen Loan Servicing listed in the credit report. That liability 

and that debt actually correspond to the 12/20/2001 loan to John Gallegos 

for $136,800 from Bridge Capital Corp. for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-6).

i. 7603 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $389,961 liability to “Ohio Savings 

Ba” listed in the Liabilities Section of the loan application, or the debt of 

$389,961 to Ohio Savings Bank listed in the credit report. That liability 

and that debt actually correspond to the 2/13/2004 loan to John Gallegos 

for $400,000 from 1st Mariner Bank for the refinancing of 141 Lost Angel 

Road (Loan Code L-4).

j. 430 E. 6th Ave., Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $119,692 liability to “Select Portfoli” listed 

in the Liabilities Section of the loan application, or the debt of $119,692 to 

“Select Portfolio Svc” listed in the credit report. That liability and that debt 

actually correspond to the 9/22/00 loan to John Gallegos for $124,720 

from Stonecreek Funding for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-2).

k. 2122 W. 44th Ave, Seattle, WA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $264,722 liability to “Select Portfoli” listed 

in the Liabilities Section of the loan application, or the debt of $264,722 to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 123 of 186
124

“Select Portfolio Svc” listed in the credit report. That liability and that debt 

actually correspond to the 3/21/2002 loan to John Gallegos for $278,000 

from Aames Funding for the refinancing of 141 Lost Angel Road (Loan 

Code L-1).

l. 777 Sunrise Place, Phoenix, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $366,928 liability to “Washington 

Mutu” listed in the Liabilities Section of the loan application, or the debt of 

$366,928 to Washington Mutual FA listed in the credit report. That liability 

and that debt actually correspond to the 4/15/2005 loan to John Gallegos 

for $359,000 from Washington Mutual Bank (WAMU) for the refinancing of 

7603 California Avenue SW (Loan Code Calif-3).

m. Loan proceeds of $502,083.80 were deposited by wire transfer into the 

American National Bank account #70231142 in the name of Real Estate 

Title LLC on 1/3/07.

n. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Select Portfolio Servicing (Loan Code L-2).

o. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-11:

Ref Bank Account

(see Abbreviation Chart after

Opinion #52)

Date Payment 

1 ANB # 4710 JG (J) 2/12/07 $3,585.59 

2 ANB # 4710 JG (J) 3/8/07 $3,585.59 

3 ANB # 4710 JG (J) 4/17/07 $3,585.59 

4 ANB # 4710 JG (J) 5/9/07 $3,585.59 

5 ANB # 4710 JG (J) 6/19/07 $3,585.59 

6 ANB # 4710 JG (J) 7/12/07 $3,585.59 

7 ANB # 4710 JG (J) 8/13/07 $3,585.59 

8 ANB # 4710 JG (J) 9/14/07 $3,585.59 

9 ANB # 4710 JG (J) 10/17/07 $3,585.59 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 124 of 186
125

Ref Bank Account

(see Abbreviation Chart after

Opinion #52)

Date Payment 

10 ANB # 4710 JG (J) 11/8/07 $3,585.59 

11 ANB # 4710 JG (J) 12/18/07 $3,585.59 

12 ANB # 4710 JG (J) 1/25/08 $3,743.09 

13 ANB # 4710 JG (J) 2/14/08 $3,580.50 

14 GB #1321 WW/AW (WC) 3/17/08 $3,580.50 

15 GB #1321 WW/AW (WC) 4/8/08 $3,580.50 

16 GB #1321 WW/AW (WC) 5/27/08 $3,743.09 

p. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #35

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #36

36. Opinions for the loan dated 12/29/06 to Waun Weingart by EquiFirst for 

$465,000. (This loan is designated as Loan Code L-12)

a. 7605 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $496,000 liability to “AMC Mtg

Svcs” listed in the Liabilities Section of the loan application, or the debt of 

$496,000 to “AMC Mtg Svcs” listed in the credit report. That liability and 

that debt actually correspond to the 8/19/2005 loan to Waun Weingart for 

$496,000 from Ameriquest Mortgage Company (AMC) for the refinancing 

of 7766 Saxeborough Drive (Loan Code S-15).

b. 7766 Saxeborough, Castle Rock, CO, an address listed on the Schedule 

of Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $446,867.66 liability to 

Countrywide 1115720 listed in the Liabilities Section of the loan 

application, or the debt of $444,500 to Countrywide listed in the credit 

report. That liability and that debt actually correspond to the 5/24/2004 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 125 of 186
126

loan to Waun Weingart for $444,500 from America's Wholesale Lender 

for the refinancing of 141 Lost Angel Road (Loan Code L-6).

c. 141 Lost Angel Road, Boulder, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $413,888 liability to “Wshngtn 

Mutl” listed in the Liabilities Section of the loan application, or the debt of 

$413,888 to “Wshgtn Mutl” listed in the credit report. That liability and that 

debt actually correspond to the 5/6/2004 loan to Waun Weingart for 

$400,000 from Washington Mutual Bank (WAMU) for the refinancing of 

7766 Saxeborough Drive (Loan Code S-12).

d. 3465 South Ogden, Lajolla, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $406,698 liability to “Wshngtn Mutl” listed 

in the Liabilities Section of the loan application, or the debt of $406,698 to 

“Wshgtn Mutl” listed in the credit report. That liability and that debt 

actually correspond to the 10/25/2004 loan to Waun Weingart for 

$397,000 from Washington Mutual Bank (WAMU) for the refinancing of 

141 Lost Angel Road (Loan Code L-7).

e. 790 Magnolia Way, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $391,370 liability to Aurora Loan 

listed in the Liabilities Section of the loan application, or the debt of 

$391,370 to Aurora Loan listed in the credit report. That liability and that 

debt actually correspond to the 11/15/2004 loan to Waun Weingart for 

$400,000 from Lehman Brothers Bank for the refinancing of 141 Lost 

Angel Road (Loan Code L-8).

f. 259 Falcons Fire Avenue, Las Vegas, NV, an address listed on the 

Schedule of Real Estate Owned Section of the loan application, is not the 

property which was pledged as collateral for the $352,406 liability to 

“AMTrust Bk” listed in the Liabilities Section of the loan application, or the 

debt of $352,406 to “AMTrust Bk” listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Weingart for $360,400 from Ohio Savings Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-13).

g. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $352,233 liability to Aurora Loan 

listed in the Liabilities Section of the loan application, or the debt of 

$352,233 to Aurora Loan listed in the credit report. That liability and that 

debt actually correspond to the 11/15/2004 loan to Waun Weingart for 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 126 of 186
127

$360,000 from Lehman Brothers Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-14). 

h. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $311,318 liability to Chase listed in 

the Liabilities Section of the loan application, or the debt of $311,318 to 

Chase listed in the credit report. That liability and that debt actually 

correspond to the 4/9/2004 loan to Waun Weingart for $320,000 from 

Chase Manhattan Mortgage for the refinancing of 7766 Saxeborough 

Drive (Loan Code S-11).

i. The 7/29/99 loan to Craig and Waun Weingart for $363,300 from Broad 

Street Mortgage for the refinancing of 7766 Saxeborough (Loan Code S3) was outstanding as of 12/29/06, but was not listed on the loan 

application for L-12 as a liability or on the Schedule of Real Estate Owned.

j. The 8/7/00 loan to Craig and Waun Weingart for $397,500 from Flagstar 

Bank for the refinancing of 7766 Saxeborough (Loan Code S-5) was 

outstanding as of 12/29/09, but was not listed on the loan application for L12 as a liability or on the Schedule of Real Estate Owned.

k. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 12/29/06, but was not listed on the loan application 

for L-12 as a liability or on the Schedule of Real Estate Owned.

l. The 8/1/02 loan to Craig and Waun Weingart for $35,000 from Beneficial 

Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-7) was 

outstanding as of 12/29/06, but was not listed on the loan application for L12 as a liability or on the Schedule of Real Estate Owned 

m. The 10/25/04 loan to Waun Weingart for $410,000 from Chase Manhattan 

Mortgage for the refinancing of 141 Lost Angel Road (Loan Code L-5) was 

outstanding as of 12/29/06, but was not listed on the loan application for L12 as a liability or on the Schedule of Real Estate Owned.

n. The 12/22/06 loan to Waun Weingart for $440,000 from Equifirst for the 

refinancing of 7766 Saxeborough (Loan Code S-24) was outstanding as of 

12/29/06, but was not listed on the loan application for L-12 as a liability or 

on the Schedule of Real Estate Owned.

o. Loan proceeds of $466,225.30 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 12/29/06.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 127 of 186
128

p. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Countrywide Home Loans (Loan Code L-6).

q. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-12:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 2/21/07 $3,361.71 

2 ANB # 4723 WW (W) 3/7/07 $3,513.17 

3 ANB # 4723 WW (W) 4/16/07 $3,361.71 

4 ANB # 4723 WW (W) 5/8/07 $3,362.27 

5 ANB # 4723 WW (W) 6/13/07 $3,361.71 

6 ANB # 4723 WW (W) 7/12/07 $3,371.00 

7 ANB # 4723 WW (W) 8/14/07 $3,371.00 

8 ANB # 4723 WW (W) 9/13/07 $3,371.00 

9 ANB # 4723 WW (W) 10/17/07 $3,371.00 

10 ANB # 4723 WW (W) 11/8/07 $3,371.00 

11 ANB # 4723 WW (W) 12/14/07 $3,371.00 

12 ANB # 4723 WW (W) 1/25/08 $3,523.02 

13 ANB # 4723 WW (W) 2/14/08 $3,371.00 

14 GB #1321 WW/AW (WC) 3/17/08 $3,371.00 

15 GB #1321 WW/AW (WC) 4/8/08 $3,371.00 

16 GB #1321 WW/AW (WC) 5/28/08 $3,371.00 

r. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #36

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 128 of 186
129

OPINION #37

37. Opinions for the loan dated 1/23/07 to Waun Weingart by New Century 

Mortgage for $450,000. (This loan is designated as Loan Code L-13)

a. 1144 Alameda Blvd., San Diego, CA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $496,000 liability to “AMC Mtg 

Svcs” listed in the Liabilities Section of the loan application, or the debt of 

$496,000 to AMC Mortgage Services listed in the credit report. That 

liability and that debt actually correspond to the 8/19/2005 loan to Waun 

Weingart for $496,000 from Ameriquest Mortgage Company (AMC) for the 

refinancing of 7766 Saxeborough Drive (Loan Code S-15).

b. 749 I Avenue, Coronado, CA, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $413,889 liability to “Wshgtn Mutl” listed 

in the Liabilities Section of the loan application, or the debt of $414,989 to 

Washington Mutual FA listed in the credit report. That liability and that 

debt actually correspond to the 5/6/2004 loan to Waun Weingart for 

$400,000 from Washington Mutual Bank (WAMU) for the refinancing of 

7766 Saxeborough Drive (Loan Code S-12).

c. 1035 G Avenue, San Diego, CA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $406,699 liability to “Wshgtn Mutl” 

listed in the Liabilities Section of the loan application, or the debt of 

$407,581 to Washington Mutual FA listed in the credit report. That liability 

and that debt actually correspond to the 10/25/2004 loan to Waun 

Weingart for $397,000 from Washington Mutual Bank (WAMU) for the 

refinancing of 141 Lost Angel Road (Loan Code L-7).

d. 1302 Sherman (A), Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $391,370 liability to Aurora Loan 

listed in the Liabilities Section of the loan application, or the debt of 

$390,969 to Aurora Loan Services listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Weingart for $400,000 from Lehman Brothers Bank for the refinancing of 

141 Lost Angel Road (Loan Code L-8).

e. 1302 Sherman (B), Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $352,233 liability to Aurora Loan 

listed in the Liabilities Section of the loan application, or the debt of 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 129 of 186
130

$351,872 to Aurora Loan Services listed in the credit report. That liability 

and that debt actually correspond to the 11/15/2004 loan to Waun 

Weingart for $360,000 from Lehman Brothers Bank for the refinancing of 

7766 Saxeborough Drive (Loan Code S-14).

f. 571 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $350,361 liability to “AMTrust Bk” listed 

in the Liabilities Section of the loan application, or the debt of $352,406 to 

Ohio Savings Bank listed in the credit report. That liability and that debt 

actually correspond to the 11/15/2004 loan to Waun Weingart for 

$360,400 from Ohio Savings Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-13).

g. 575 Pennsylvania, Denver, CO, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $311,318 liability to Chase listed in the 

Liabilities Section of the loan application, or the debt of $311,318 to 

“Chase Manhattan Mortga” listed in the credit report. That liability and that 

debt actually correspond to the 4/9/2004 loan to Waun Weingart for 

$320,000 from Chase Manhattan Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-11).

h. 790 Magnolia St, Scottsdale, AZ, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $399,514 liability to Chase 

Manhattan Mortgage listed in the Liabilities Section of the loan application, 

or the debt of $399,514 to “Chase Manhattan Mortga” listed in the credit 

report. That liability and that debt actually correspond to the 4/9/2004 loan 

to Waun Weingart for $410,000 from Chase Manhattan Mortgage for the 

refinancing of 141 Lost Angel Road (Loan Code L-5).

i. 7605 California SW, Seattle, WA, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $334,764 liability to Indy mac Bank 

listed in the Liabilities Section of the loan application, or the debt of 

$334,764 to Indymac Bank listed in the credit report. That liability and that 

debt actually correspond to the 7/29/1999 loan to Craig & Waun Weingart 

for $363,300 from Broad Street Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-3).

j. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $31,857 liability to Beneficial listed 

in the Liabilities Section of the loan application, or the debt of $31,857 to 

Beneficial/HFC listed in the credit report. That liability and that debt 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 130 of 186
131

actually correspond to the 8/1/2002 loan to Craig & Waun Weingart for 

$35,000 from Beneficial Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-7).

k. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 1/23/07, but was not listed on the loan application 

for L-13 as a liability or on the Schedule of Real Estate Owned.

l. The 12/22/06 loan to Waun Weingart for $440,000 from Equifirst for the 

refinancing of 7766 Saxeborough (Loan Code S-24) was outstanding as of 

1/23/07, but was not listed on the loan application for L-13 as a liability or 

on the Schedule of Real Estate Owned.

m. The 12/29/06 loan to Waun Weingart for $465,000 from Equifirst for the 

refinancing of 141 Lost Angel Road (Loan Code L-12) was outstanding as 

of 1/23/07, but was not listed on the loan application for L-13 as a liability 

or on the Schedule of Real Estate Owned.

n. Loan proceeds of $452,735.44 were deposited by wire transfer into the 

American National Bank account #70231142 in the name of Real Estate 

Title LLC on 1/24/07.

o. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Countrywide Home Loans (Loan Code L-6).

p. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code L-13:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 GB #1321 WW/AW (WC) 3/8/07 $3,368.62 

2 GB #1321 WW/AW (WC) 4/17/07 $3,368.62 

3 GB #1321 WW/AW (WC) 5/8/07 $3,368.62 

4 GB #1321 WW/AW (WC) 6/12/07 $3,368.62 

5 GB #1321 WW/AW (WC) 7/11/07 $3,368.62 

6 GB #1321 WW/AW (WC) 8/13/07 $3,368.62 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 131 of 186
132

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

7 GB #1321 WW/AW (WC) 9/13/07 $3,368.62 

8 GB #1321 WW/AW (WC) 10/16/07 $3,368.62 

9 GB #1321 WW/AW (WC) 11/8/07 $3,368.62 

10 GB #1321 WW/AW (WC) 12/17/07 $3,368.62 

11 GB #1321 WW/AW (WC) 1/25/08 $3,537.05 

12 GB #1321 WW/AW (WC) 2/14/08 $3,368.62 

13 GB #1321 WW/AW (WC) 3/17/08 $3,368.62 

14 GB #1321 WW/AW (WC) 4/8/08 $3,368.62 

15 GB #1321 WW/AW (WC) 5/27/08 $3,368.62 

q. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #37

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #38

38. Opinions for the loan dated 3/14/08 to Waun Weingart by Bank of America 

for $417,000 and for the loan dated 3/14/08 to Waun Weingart by Bank of 

America for $28,362. (These loans are designated as Loan Code L-14-A and L14-B respectively)

a. 7603 California SW, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $449,537 liability to Countrywide Home Loans 

listed in the Liabilities Section and the Schedule of Real Estate Owned 

Section of the loan application, or the debt of $449,537 to Countrywide 

Home Loans listed in the credit report. That liability and that debt actually 

correspond to the 1/23/2007 loan to Waun Weingart for $450,000 from 

New Century Mortgage for the refinancing of 141 Lost Angel Road (Loan 

Code L-13).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 132 of 186
133

b. 579-580 Pennsylvania Ave, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $368,986 liability to Flagstar Bank listed 

in the Liabilities Section and the Schedule of Real Estate Owned Section 

of the loan application, or the debt of $368,986 to Flagstar Bank listed in 

the credit report. That liability and that debt actually correspond to the 

8/7/2000 loan to Craig & Waun Weingart for $397,500 from Flagstar Bank 

for the refinancing of 7766 Saxeborough Drive (Loan Code S-5).

c. 249 Falcons Fire Way, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $420,178 liability to Washington Mutual FA 

listed in the Liabilities Section and the Schedule of Real Estate Owned 

Section of the loan application, or the debt of $420,178 to Washington 

Mutual FA listed in the credit report. That liability and that debt actually 

correspond to the 10/25/2004 loan to Waun Weingart for $397,000 from 

Washington Mutual Bank (WAMU) for the refinancing of 141 Lost Angel 

Road (Loan Code L-7).

d. 575-579 Pennsylvania Ave, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $385,556 liability to Aurora Loan 

Services I listed in the Liabilities Section and the Schedule of Real Estate 

Owned Section of the loan application, or the debt of $385,556 to Aurora 

Loan Services I listed in the credit report. That liability and that debt 

actually correspond to the 11/15/2004 loan to Waun Weingart for 

$400,000 from Lehman Brothers Bank for the refinancing of 141 Lost 

Angel Road (Loan Code L-8).

e. 790 Magnolia Wy., an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $347,001 liability to Aurora Loan Services I 

listed in the Liabilities Section and the Schedule of Real Estate Owned 

Section of the loan application, or the debt of $347,001 to Aurora Loan 

Services I listed in the credit report. That liability and that debt actually 

correspond to the 11/15/2004 loan to Waun Weingart for $360,000 from 

Lehman Brothers Bank for the refinancing of 7766 Saxeborough Drive 

(Loan Code S-14).

f. 32587 Fox Hollow, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $327,591 liability to listed in the Liabilities 

Section and the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $327,591 to Indymac Bank listed in the credit 

report. That liability and that debt actually correspond to the 7/29/1999 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 133 of 186
134

loan to Craig & Waun Weingart for $363,300 from Broad Street Mortgage 

for the refinancing of 7766 Saxeborough Drive (Loan Code S-3).

g. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $464,175 to 

Homeq listed in the credit report. Part of that liability and that debt actually 

correspond to the 12/29/2006 loan to Waun Weingart for $465,000 from 

EquiFirst for the refinancing of 141 Lost Angel Road (Loan Code L-12).

h. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $444,500 to 

Countrywide Home Loans listed in the credit report. Part of that liability 

and that debt actually correspond to the 5/24/2004 loan to Waun Weingart 

for $444,500 from America's Wholesale Lender for the refinancing of 141 

Lost Angel Road (Loan Code L-6).

i. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $439,175 to 

Homeq listed in the credit report. Part of that liability and that debt actually 

correspond to the 12/22/2006 loan to Waun Weingart for $440,000 from 

Equifirst for the refinancing of 7766 Saxeborough Drive (Loan Code S24).

j. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $393,794 to 

“Chase Manhattan Mortga” listed in the credit report. Part of that liability 

and that debt actually correspond to the 4/9/2004 loan to Waun Weingart

for $410,000 from Chase Manhattan Mortgage for the refinancing of 141 

Lost Angel Road (Loan Code L-5).

k. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $346,639 to 

Ohio Sav listed in the credit report. Part of that liability and that debt 

actually correspond to the 11/15/2004 loan to Waun Weingart for 

$360,400 from Ohio Savings Bank for the refinancing of 7766 

Saxeborough Drive (Loan Code S-13).

l. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $307,068 to 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 134 of 186
135

“Chase Manhattan Mortga” listed in the credit report. Part of that liability 

and that debt actually correspond to the 4/9/2004 loan to Waun Weingart 

for $320,000 from Chase Manhattan Mortgage for the refinancing of 7766 

Saxeborough Drive (Loan Code S-11).

m. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $496,000 to 

“Citirl” listed in the credit report. Part of that liability and that debt actually 

correspond to the 8/19/2005 loan to Waun Weingart for $496,000 from 

Ameriquest Mortgage Company (AMC) for the refinancing of 7766 

Saxeborough Drive (Loan Code S-15).

n. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,927,248 liability listed in 

the Liabilities Section of the loan application, or the debt of $31,408 to 

“HFC” listed in the credit report. Part of that liability and that debt actually 

correspond to the 8/1/2002 loan to Craig & Waun Weingart for $35,000 

from Beneficial Mortgage for the refinancing of 7766 Saxeborough Drive 

(Loan Code S-7).

o. The 10/12/00 loan to Craig and Waun Weingart for $356,000 from Option 

One Mortgage for the refinancing of 7766 Saxeborough (Loan Code S-6) 

was outstanding as of 3/14/08, but was not listed on the loan application 

for L-14 as a liability or on the Schedule of Real Estate Owned.

p. Loan proceeds of $414,084.56 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 3/18/08.

q. Loan proceeds of $28,149.19 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC

Escrow/Trust Account on 3/19/08. 

r. The proceeds from the loan assigned the Loan Code L-14-A were not 

used to pay off the prior mortgage designated by the lender to be paid off 

as a condition of the approval of the loan, namely a loan to Countrywide 

(Loan Code L-6). 

s. The proceeds from these loan were used in part to fund the payoffs of S14 and L-8.

t. These loans were not paid off as of May 31, 2008.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 135 of 186
136

OBJECTION TO OPINION #38

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #39

39. Opinions for the loan dated 4/21/08 to John Gallegos by Bank of America 

for $417,000. (This loan is designated as Loan Code L-15)

a. 777 Sunrise Place, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $385,239 liability to “Ohio Sav” listed in the 

Liabilities Section and the Schedule of Real Estate Owned Section of the 

loan application, or the debt of $385,239 to Ohio Sav listed in the credit 

report. That liability and that debt actually correspond to the 2/13/2004 

loan to John Gallegos for $400,000 from 1st Mariner Bank for the 

refinancing of 141 Lost Angel Road (Loan Code L-4).

b. 20 Whistler Pine Way, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $390,593 liability to “WlsFgr HmMtg” listed in 

the Liabilities Section and the Schedule of Real Estate Owned Section of 

the loan application, or the debt of $390,593 to “WlsFgr HmMtg” listed in 

the credit report. That liability and that debt actually correspond to the 

8/25/2005 loan to John Gallegos for $400,000 from Wells Fargo Bank NA 

for the refinancing of 141 Lost Angel Road (Loan Code L-9).

c. 575 Pennsylvania St, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $262,298 liability to “Select Portfolio Svcin” 

listed in the Liabilities Section and the Schedule of Real Estate Owned 

Section of the loan application, or the debt of $262,298 to “Select Portfolio 

Svcin” listed in the credit report. That liability and that debt actually 

correspond to the 3/21/2002 loan to John Gallegos for $278,000 from 

Aames Funding for the refinancing of 141 Lost Angel Road (Loan Code L1).

d. 563 Pennsylvania Ave, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $129,190 liability to Home Coming Funding 

NE listed in the Liabilities Section and the Schedule of Real Estate 

Owned Section of the loan application, or the debt of $129,190 to Home 

Coming Funding listed in the credit report. That liability and that debt 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 136 of 186
137

actually correspond to the 7/11/01 loan to John Gallegos for $136,800 

from Matrix Financial Services for the refinancing of 430 E. 6th Avenue 

(Loan Code 6th-4).

e. “561 Pennsylvania Av”, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $127,738 liability to listed in the Liabilities 

Section and the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $127,738 to Indymac Bank listed in the credit 

report. That liability and that debt actually correspond to the 6/25/2001 

loan to John Gallegos for $136,800 from Peoples Choice Home Loan for 

the refinancing of 430 E. 6th Avenue (Loan Code 6th-3).

f. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $381,616 liability to “Wshntn Mutl” 

listed in the Liabilities Section or the debt of $381,616 to “Wshngtn Mutl” 

listed in the credit report. That liability and that debt actually correspond to 

the 4/15/05 loan to John Gallegos for $359,000 from Washington Mutual 

Bank for the refinancing of 7603 California Avenue SW (Loan Code Calif3).

g. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $489,404 to 

“WlsFgr HmMtg” listed in the credit report. Part of that liability and that 

debt actually correspond to the 12/27/2006 loan to John Gallegos for 

$495,000 from Wells Fargo Bank NA for the refinancing of 141 Lost Angel 

Road (Loan Code L-11).

h. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $465,160 to 

Countrywide listed in the credit report. Part of that liability and that debt 

actually correspond to the 10/12/2007 loan to John Gallegos for $465,500 

from Countrywide Home Loans for the refinancing of 7603 California 

Avenue SW (Loan Code Calif-4).

i. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $383,200 to 

“Bk of Amer” listed in the credit report. Part of that liability and that debt 

actually correspond to the 1/22/2008 loan to John Gallegos for $383,200 

from Bank of America for the refinancing of 7603 California Avenue SW 

(Loan Code Calif-5).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 137 of 186
138

j. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $379,158 to 

“Select Portfolio Svcin” listed in the credit report. Part of that liability and 

that debt actually correspond to the 3/29/2002 loan to John Gallegos for 

$400,000 from Resource Bank for the refinancing of 141 Lost Angel Road 

(Loan Code L-2).

k. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $127,023 to 

Ocwen Loan Servicing listed in the credit report. Part of that liability and 

that debt actually correspond to the 11/30/2001 loan to John Gallegos for 

$136,800 from CBSK Financial dba American Home Loans for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-5-A).

l. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $118,516 to 

“Select Portfolio Svcin” listed in the credit report. Part of that liability and 

that debt actually correspond to the 9/22/00 loan to John Gallegos for 

$124,720 from Stonecreek Funding for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-2).

m. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $100,085 to 

“Bk of Amer” listed in the credit report. Part of that liability and that debt 

actually correspond to the 1/2008 loan to John Gallegos for $100,000 from 

Bank of America for the refinancing of 7603 California Avenue SW (Loan 

Code Calif-6).

n. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $222,187 to 

Home Coming Funding listed in the credit report. Part of that liability and 

that debt actually correspond to the 6/25/2002 loan to John Gallegos for 

$229,800 from General Mortgage Corp. of America for the refinancing of 

141 Lost Angel Road (Loan Code L-3).

o. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $2,347,272 liability listed in 

the Liabilities Section of the loan application, or the debt of $130,758 to 

Ocwen Loan Servicing listed in the credit report. Part of that liability and 

that debt actually correspond to the 12/20/2001 loan to John Gallegos for 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 138 of 186
139

$136,800 from Bridge Capital Corp for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-6).

p. Loan proceeds of $408,307.46 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 4/18/08.

q. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Wells Fargo (Loan Code L-9).

r. The proceeds from these loan were used in part to fund the payoffs of L-8.

s. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #39

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #40

40. Opinions for the loan dated 9/22/00 to John Gallegos by G-4 Holdings to 

Flagstar Bank for $124,700. (This loan is designated as Loan Code 6th-1)

a. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code 6th-1; where a bank 

account is identified, funds from that account were used to make the 

payment: 

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 11/7/00 $1,185.17 

2 12/4/00 $1,185.17 

3 12/29/00 $1,197.51 

4 2/6/01 $1,197.51 

5 3/2/01 $1,197.51 

6 4/5/01 $1,197.51 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 139 of 186
140

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

7 4/5/01 $54.14 

8 5/10/01 $1,197.51 

9 6/25/01 $1,251.65 

10 7/10/01 $1,197.51 

11 7/10/01 $54.14 

12 8/16/01 $1,197.51 

13 8/16/01 $54.14 

14 9/27/01 $1,158.43 

15 9/27/01 $1,197.51 

16 10/29/01 $1,168.81 

17 10/29/01 $1,168.81 

18 12/6/01 $1,168.81 

19 FASB #1625 CCCT (WCPJ) 1/8/02 $1,168.81 

20 2/28/02 $1,168.81 

21 FASB #7049 CW/WW (CW) 3/4/02 $1,168.81 

22 FASB #7049 CW/WW (CW) 4/9/02 $1,168.81 

23 FASB #1625 CCCT (WCPJ) 5/6/02 $1,168.81 

24 FASB #1625 CCCT (WCPJ) 6/5/02 $1,168.81 

25 FASB #1625 CCCT (WCPJ) 7/2/02 $1,168.81 

26 FASB #7049 CW/WW (CW) 8/6/02 $1,168.81 

27 FASB #7049 CW/WW (CW) 9/11/02 $1,168.81 

28 FASB #7049 CW/WW (CW) 10/8/02 $1,168.81 

29 FASB #7049 CW/WW (CW) 11/14/02 $1,318.72 

30 FASB #1666 CCCT (JWCP) 12/27/02 $1,481.14 

31 FASB #1666 CCCT (JWCP) 1/21/03 $1,318.72 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 140 of 186
141

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

32 FASB #1666 CCCT (JWCP) 2/4/03 $1,469.24 

33 FASB #1666 CCCT (JWCP) 3/21/03 $1,469.24 

34 FASB #1666 CCCT (JWCP) 4/17/03 $1,469.24 

35 FASB #1666 CCCT (JWCP) 5/15/03 $1,469.24 

36 ANB # 7831 CCCT (WJ) 6/12/03 $1,469.24 

37 ANB # 7831 CCCT (WJ) 7/10/03 $1,469.24 

38 ANB # 7831 CCCT (WJ) 8/15/03 $1,469.24 

39 ANB # 7831 CCCT (WJ) 9/18/03 $1,469.24 

40 ANB # 7831 CCCT (WJ) 10/22/03 $1,469.24 

41 ANB # 7831 CCCT (WJ) 11/13/03 $1,383.96 

42 ANB # 7831 CCCT (WJ) 12/12/03 $1,383.96 

43 ANB # 7831 CCCT (WJ) 1/16/04 $1,383.96 

44 FASB #7056 JG (J) 2/24/04 $1,383.96 

45 FASB #7056 JG (J) 3/11/04 $1,383.96 

46 FASB #7056 JG (J) 4/14/04 $1,383.96 

47 FASB #7056 JG (J) 5/12/04 $1,383.96 

48 FASB #7056 JG (J) 6/14/04 $1,383.96 

49 FASB #7056 JG (J) 7/16/04 $1,383.96 

50 FASB #7056 JG (J) 8/12/04 $1,383.96 

51 FASB #7056 JG (J) 9/15/04 $1,383.96 

52 FASB #7056 JG (J) 10/18/04 $1,383.96 

53 FASB #7056 JG (J) 11/16/04 $1,326.11 

54 FASB #7056 JG (J) 12/7/04 $1,326.11 

55 FASB #7056 JG (J) 1/12/05 $1,326.11 

56 FASB #7056 JG (J) 2/9/05 $1,326.11 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 141 of 186
142

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

57 FASB #7056 JG (J) 3/16/05 $1,326.11 

58 FASB #7056 JG (J) 4/19/05 $1,326.11 

59 FASB #7056 JG (J) 5/17/05 $1,326.11 

60 FASB #7056 JG (J) 6/20/05 $1,326.11 

61 FASB #7056 JG (J) 7/11/05 $1,326.11 

62 FASB #7056 JG (J) 8/12/05 $1,326.11 

63 FASB #7056 JG (J) 9/14/05 $1,326.11 

64 FASB #7056 JG (J) 10/7/05 $1,326.11 

65 ANB # 4710 JG (J) 11/15/05 $1,328.41 

66 ANB # 4710 JG (J) 12/8/05 $1,328.41 

67 ANB # 4710 JG (J) 1/10/06 $1,328.41 

68 ANB # 4710 JG (J) 2/10/06 $1,328.41 

69 ANB # 4710 JG (J) 3/9/06 $1,328.41 

70 ANB # 4710 JG (J) 4/7/06 $1,328.41 

71 ANB # 4710 JG (J) 5/17/06 $1,328.41 

72 ANB # 4710 JG (J) 6/9/06 $1,328.41 

73 ANB # 4710 JG (J) 7/18/06 $1,328.41 

74 ANB # 4710 JG (J) 8/15/06 $1,328.41 

75 ANB # 4710 JG (J) 9/11/06 $1,328.41 

76 ANB # 4710 JG (J) 10/16/06 $1,328.41 

77 ANB # 4710 JG (J) 11/15/06 $1,330.16 

78 ANB # 4710 JG (J) 12/15/06 $1,330.16 

79 ANB # 4710 JG (J) 1/17/07 $1,330.16 

80 ANB # 4710 JG (J) 2/12/07 $1,330.16 

81 ANB # 4710 JG (J) 3/9/07 $1,330.16 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 142 of 186
143

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

82 ANB # 4710 JG (J) 4/17/07 $1,330.16 

83 ANB # 4710 JG (J) 5/9/07 $1,330.16 

84 ANB # 4710 JG (J) 6/19/07 $1,330.16 

85 ANB # 4710 JG (J) 7/12/07 $1,330.16 

86 ANB # 4710 JG (J) 8/14/07 $1,330.16 

87 ANB # 4710 JG (J) 9/14/07 $1,330.16 

88 ANB # 4710 JG (J) 10/17/07 $1,330.16 

89 ANB # 4710 JG (J) 11/9/07 $1,323.63 

90 ANB # 4710 JG (J) 12/19/07 $1,323.63 

91 ANB # 4710 JG (J) 1/28/08 $1,323.63 

92 ANB # 4710 JG (J) 2/19/08 $1,323.63 

93 GB #1321 WW/AW (WC) 3/18/08 $1,323.63 

94 GB #1321 WW/AW (WC) 4/9/08 $1,323.63 

95 GB #1321 WW/AW (WC) 5/28/08 $1,323.63 

b. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #40

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #41

41. Opinions for the loan dated 9/22/00 to John Gallegos by Stonecreek 

Funding for $124,720. (This loan is designated as Loan Code 6th-2)

a. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code 6th-2

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 143 of 186
144

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT (WCPJ) 1/9/02 $1,117.62 

2 FASB #7049 CW/WW (CW) 2/14/02 $1,117.62 

3 FASB #7049 CW/WW (CW) 3/11/02 $1,117.60 

4 FASB #7049 CW/WW (CW) 4/10/02 $1,117.60 

5 FASB #1625 CCCT (WCPJ) 5/6/02 $1,117.62 

6 FASB #1625 CCCT (WCPJ) 6/6/02 $1,117.62 

7 FASB #1625 CCCT (WCPJ) 7/2/02 $1,117.63 

8 FASB #7049 CW/WW (CW) 8/7/02 $1,117.63 

9 FASB #7049 CW/WW (CW) 9/13/02 $1,117.63 

10 FASB #7049 CW/WW (CW) 10/8/02 $1,117.63 

11 FASB #7049 CW/WW (CW) 11/13/02 $1,117.63 

12 FASB #1666 CCCT (JWCP) 1/16/03 $1,117.06 

13 FASB #1666 CCCT (JWCP) 2/3/03 $1,117.06 

14 FASB #1666 CCCT (JWCP) 3/13/03 $1,117.06 

15 FASB #1666 CCCT (JWCP) 4/17/03 $1,333.46 

16 FASB #1666 CCCT (JWCP) 5/14/03 $1,345.66 

17 ANB # 7831 CCCT (WJ) 6/11/03 $1,333.46 

18 ANB # 7831 CCCT (WJ) 7/9/03 $1,333.46 

19 ANB # 7831 CCCT (WJ) 8/14/03 $1,333.46 

20 ANB # 7831 CCCT (WJ) 9/17/03 $1,294.87 

21 ANB # 7831 CCCT (WJ) 10/21/03 $1,350.72 

22 ANB # 7831 CCCT (WJ) 11/12/03 $1,294.87 

23 ANB # 7831 CCCT (WJ) 12/11/03 $1,294.87 

24 ANB # 7831 CCCT (WJ) 1/15/04 $1,294.87 

25 FASB #7056 JG (J) 2/23/04 $1,350.72 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 144 of 186
145

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

26 FASB #7056 JG (J) 2/24/04 $1,350.72 

27 FASB #1625 CCCT (WCPJ) 3/10/04 $1,350.72 

28 FASB #7056 JG (J) 4/13/04 $1,279.87 

29 FASB #7056 JG (J) 5/11/04 $1,279.87 

30 FASB #7056 JG (J) 6/11/04 $1,279.87 

31 FASB #7056 JG (J) 7/15/04 $1,279.87 

32 FASB #7056 JG (J) 8/11/04 $1,203.05 

33 FASB #7056 JG (J) 9/15/04 $1,207.05 

34 FASB #7056 JG (J) 10/15/04 $1,203.05 

35 FASB #7056 JG (J) 11/15/04 $1,203.05 

36 FASB #7056 JG (J) 12/6/04 $1,203.05 

37 FASB #7056 JG (J) 1/11/05 $1,203.05 

38 FASB #7056 JG (J) 2/8/05 $1,203.05 

39 FASB #7056 JG (J) 3/15/05 $1,203.05 

40 FASB #7056 JG (J) 4/18/05 $1,203.05 

41 FASB #7056 JG (J) 5/16/05 $1,203.05 

42 FASB #7056 JG (J) 6/17/05 $1,203.05 

43 FASB #7056 JG (J) 7/8/05 $1,203.05 

44 FASB #7056 JG (J) 8/10/05 $1,203.05 

45 FASB #7056 JG (J) 9/13/05 $1,203.05 

46 FASB #7056 JG (J) 10/7/05 $1,209.13 

47 ANB # 4723 WW (W) 11/14/05 $1,273.91 

48 ANB # 4710 JG (J) 12/7/05 $1,273.91 

49 FASB #7056 JG (J) 1/27/06 $1,273.91 

50 ANB # 4710 JG (J) 2/9/06 $1,329.76 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 145 of 186
146

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

51 ANB # 4710 JG (J) 3/8/06 $1,329.76 

52 ANB # 4710 JG (J) 4/11/06 $1,307.66 

53 ANB # 4710 JG (J) 5/17/06 $1,361.28 

54 ANB # 4710 JG (J) 6/8/06 $1,361.28 

55 ANB # 4710 JG (J) 7/17/06 $1,376.28 

56 GB #1348 JG (J) 8/4/06 $1,376.28 

57 ANB # 4710 JG (J) 9/8/06 $1,376.28 

58 ANB # 4723 WW (W) 10/13/06 $1,379.90 

59 ANB # 4723 WW (W) 11/14/06 $1,412.86 

60 ANB # 4710 JG (J) 12/14/06 $1,412.86 

61 ANB # 4710 JG (J) 1/12/07 $1,412.86 

62 GB #1321 WW/AW (WC) 2/9/07 $1,412.86 

63 ANB # 4723 WW (W) 3/8/07 $1,412.86 

64 ANB # 4710 JG (J) 4/16/07 $1,412.86 

65 ANB # 4710 JG (J) 5/9/07 $1,401.94 

66 ANB # 4710 JG (J) 6/19/07 $1,401.94 

67 ANB # 4723 WW (W) 7/11/07 $1,401.94 

68 ANB # 4710 JG (J) 8/13/07 $1,396.24 

69 ANB # 4710 JG (J) 9/13/07 $1,396.24 

70 ANB # 4723 WW (W) 10/16/07 $1,396.24 

71 ANB # 4710 JG (J) 11/8/07 $1,417.91 

72 GB #1321 WW/AW (WC) 12/18/07 $1,417.91 

73 ANB # 4710 JG (J) 1/29/08 $1,417.91 

74 ANB # 4723 WW (W) 2/19/08 $1,417.91 

75 ANB # 4723 WW (W) 3/14/08 $1,417.91 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 146 of 186
147

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

76 ANB # 4723 WW (W) 4/8/08 $1,407.91 

77 GB #1321 WW/AW (WC) 5/27/08 $1,332.76 

b. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #41

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #42

42. Opinions for the loan dated 6/25/01 to John Gallegos by Peoples Choice 

Home Loan for $136,800. (This loan is designated as Loan Code 6th-3)

a. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code 6th-3:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT (WCPJ) 1/7/02 $980.06 

2 FASB #1625 CCCT (WCPJ) 1/7/02 $980.06 

3 FASB #7049 CW/WW (CW) 2/12/02 $980.05 

4 FASB #7049 CW/WW (CW) 3/6/02 $980.05 

5 FASB #7049 CW/WW (CW) 4/8/02 $980.05 

6 FASB #1625 CCCT (WCPJ) 5/6/02 $980.05 

7 FASB #1625 CCCT (WCPJ) 6/5/02 $980.05 

8 FASB #1625 CCCT (WCPJ) 7/2/02 $980.05 

9 FASB #7049 CW/WW (CW) 8/6/02 $980.05 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 147 of 186
148

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

10 FASB #7049 CW/WW (CW) 9/13/02 $980.05 

11 FASB #7049 CW/WW (CW) 10/8/02 $980.05 

12 FASB #7049 CW/WW (CW) 11/13/02 $980.05 

13 FASB #1666 CCCT (JWCP) 1/15/03 $1,213.84 

14 FASB #1666 CCCT (JWCP) 2/4/03 $1,213.84 

15 FASB #1666 CCCT (JWCP) 3/12/03 $1,213.84 

16 FASB #1666 CCCT (JWCP) 4/16/03 $1,218.84 

17 FASB #1666 CCCT (JWCP) 5/14/03 $1,218.84 

18 ANB # 7831 CCCT (WJ) 6/11/03 $1,218.84 

19 ANB # 7831 CCCT (WJ) 7/9/03 $1,218.84 

20 ANB # 7831 CCCT (WJ) 8/14/03 $1,218.84 

21 ANB # 7831 CCCT (WJ) 9/17/03 $1,123.32 

22 ANB # 7831 CCCT (WJ) 10/21/03 $1,125.32 

23 ANB # 7831 CCCT (WJ) 11/12/03 $1,172.32 

24 ANB # 7831 CCCT (WJ) 12/11/03 $1,123.32 

25 ANB # 7831 CCCT (WJ) 1/15/04 $1,123.32 

26 FASB #7056 JG (J) 2/23/04 $1,172.32 

27 FASB #7056 JG (J) 3/10/04 $1,123.32 

28 FASB #7056 JG (J) 4/13/04 $1,123.32 

29 FASB #7056 JG (J) 5/11/04 $1,123.32 

30 FASB #7056 JG (J) 6/11/04 $1,123.32 

31 FASB #7056 JG (J) 7/15/04 $1,123.32 

32 FASB #7056 JG (J) 8/11/04 $1,075.55 

33 FASB #7056 JG (J) 9/14/04 $1,075.55 

34 FASB #7056 JG (J) 10/15/04 $1,075.55 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 148 of 186
149

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

35 FASB #7056 JG (J) 11/15/04 $1,075.55 

36 FASB #7056 JG (J) 12/6/04 $1,075.55 

37 FASB #7056 JG (J) 1/11/05 $1,075.55 

38 FASB #7056 JG (J) 2/8/05 $1,075.55 

39 FASB #7056 JG (J) 3/15/05 $1,075.55 

40 FASB #7056 JG (J) 4/18/05 $1,075.55 

41 FASB #7056 JG (J) 5/16/05 $1,075.55 

42 FASB #7056 JG (J) 6/17/05 $1,075.55 

43 FASB #7056 JG (J) 7/8/05 $1,075.55 

44 FASB #7056 JG (J) 8/10/05 $1,097.46 

45 FASB #7056 JG (J) 9/13/05 $1,097.46 

46 FASB #7056 JG (J) 10/6/05 $1,092.46 

47 ANB # 4710 JG (J) 11/14/05 $1,097.46 

48 ANB # 4710 JG (J) 12/7/05 $1,092.46 

49 ANB # 4710 JG (J) 1/12/06 $1,097.46 

50 ANB # 4710 JG (J) 2/9/06 $1,185.96 

51 ANB # 4710 JG (J) 3/6/06 $1,180.96 

52 ANB # 4710 JG (J) 4/6/06 $1,180.96 

53 ANB # 4710 JG (J) 5/16/06 $1,185.96 

54 ANB # 4710 JG (J) 6/8/06 $1,185.96 

55 ANB # 4710 JG (J) 7/17/06 $1,185.96 

56 ANB # 4710 JG (J) 8/14/06 $1,253.45 

57 ANB # 4710 JG (J) 9/12/06 $1,253.45 

58 ANB # 4710 JG (J) 10/13/06 $1,253.45 

59 ANB # 4710 JG (J) 11/14/06 $1,253.45 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 149 of 186
150

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

60 ANB # 4710 JG (J) 12/14/06 $1,253.45 

61 ANB # 4710 JG (J) 1/12/07 $1,253.45 

62 ANB # 4710 JG (J) 2/12/07 $1,264.72 

63 ANB # 4710 JG (J) 3/7/07 $1,259.72 

64 ANB # 4710 JG (J) 4/16/07 $1,264.72 

65 ANB # 4710 JG (J) 5/8/07 $1,264.72 

66 ANB # 4710 JG (J) 6/18/07 $1,264.72 

67 ANB # 4710 JG (J) 7/11/07 $1,264.72 

68 ANB # 4710 JG (J) 8/13/07 $1,264.72 

69 ANB # 4710 JG (J) 9/13/07 $1,264.72 

70 ANB # 4710 JG (J) 10/16/07 $1,264.72 

71 ANB # 4710 JG (J) 11/8/07 $1,264.72 

72 ANB # 4710 JG (J) 12/18/07 $1,264.72 

73 ANB # 4710 JG (J) 1/25/08 $2,528.14 

74 ANB # 4710 JG (J) 2/14/08 $1,204.96 

75 GB #1321 WW/AW (WC) 3/17/08 $1,204.96 

76 GB #1321 WW/AW (WC) 4/22/08 $1,229.96 

77 GB #1321 WW/AW (WC) 5/27/08 $1,204.96 

b. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #42

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 150 of 186
151

OPINION #43

43. Opinions for the loan dated 7/11/01 to John Gallegos by Matrix Financial 

Services for $136,800. (This loan is designated as Loan Code 6th-4)

a. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code 6th-4:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT (WCPJ) 1/8/02 $1,113.05 

2 FASB #7049 CW/WW (CW) 2/27/02 $1,113.05 

3 FASB #7049 CW/WW (CW) 3/7/02 $1,113.05 

4 FASB #1625 CCCT (WCPJ) 4/18/02 $2,478.05 

5 FASB #1625 CCCT (WCPJ) 6/5/02 11,168.70 

6 FASB #1625 CCCT (WCPJ) 7/3/02 $1,113.05 

7 FASB #7049 CW/WW (CW) 8/7/02 $1,113.05 

8 FASB #7049 CW/WW (CW) 9/12/02 $1,113.05 

9 FASB #7049 CW/WW (CW) 10/7/02 $1,113.05 

10 FASB #7049 CW/WW (CW) 11/13/02 $1,113.05 

11 FASB #1666 CCCT (JWCP) 12/26/02 $1,168.70 

12 FASB #1666 CCCT (JWCP) 1/16/03 $1,113.05 

13 FASB #1666 CCCT (JWCP) 2/4/03 $1,113.05 

14 FASB #1666 CCCT (JWCP) 3/12/03 $2,478.05 

15 FASB #1666 CCCT (JWCP) 4/17/03 $1,125.04 

16 FASB #1666 CCCT (JWCP) 5/15/03 $1,113.05 

17 ANB # 7831 CCCT (WJ) 6/12/03 $1,113.05 

18 FASB #1666 CCCT (JWCP) 7/11/03 $1,113.05 

19 ANB # 7831 CCCT (WJ) 8/19/03 $1,133.04 

20 ANB # 7831 CCCT (WJ) 9/17/03 $1,113.05 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 151 of 186
152

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

21 ANB # 7831 CCCT (WJ) 10/22/03 $1,168.70 

22 ANB # 7831 CCCT (WJ) 11/13/03 $1,557.39 

23 ANB # 7831 CCCT (WJ) 12/12/03 $1,557.39 

24 ANB # 7831 CCCT (WJ) 1/16/04 $1,557.39 

25 ANB # 7831 CCCT (WJ) 2/24/04 $1,168.70 

26 FASB #7056 JG (J) 3/11/04 $1,113.05 

27 FASB #7056 JG (J) 4/14/04 $1,113.05 

28 FASB #7056 JG (J) 5/12/04 $1,113.05 

29 FASB #7056 JG (J) 6/14/04 $1,113.05 

30 FASB #7056 JG (J) 7/16/04 $1,113.05 

31 FASB #7056 JG (J) 8/12/04 $1,113.05 

32 FASB #7056 JG (J) 9/15/04 $1,113.05 

33 FASB #7056 JG (J) 10/18/04 $1,113.05 

34 FASB #7056 JG (J) 11/16/04 $1,113.05 

35 FASB #7056 JG (J) 12/7/04 $1,113.05 

36 FASB #7056 JG (J) 1/12/05 $1,113.05 

37 FASB #7056 JG (J) 2/9/05 $1,113.05 

38 FASB #7056 JG (J) 3/16/05 $1,113.05 

39 FASB #7056 JG (J) 4/19/05 $1,113.05 

40 FASB #7056 JG (J) 5/17/05 $1,113.05 

41 FASB #7056 JG (J) 6/20/05 $1,113.05 

42 FASB #7056 JG (J) 7/12/05 $1,113.05 

43 FASB #7056 JG (J) 8/11/05 $1,113.05 

44 FASB #7056 JG (J) 9/14/05 $1,113.05 

45 FASB #7056 JG (J) 10/7/05 $1,113.05 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 152 of 186
153

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

46 ANB # 4710 JG (J) 11/15/05 $1,113.05 

47 ANB # 4710 JG (J) 12/8/05 $1,113.05 

48 ANB # 4710 JG (J) 1/17/06 $1,113.05 

49 ANB # 4710 JG (J) 2/10/06 $1,113.05 

50 ANB # 4710 JG (J) 3/9/06 $1,113.05 

51 ANB # 4710 JG (J) 4/7/06 $1,113.05 

52 ANB # 4710 JG (J) 5/17/06 $1,113.05 

53 ANB # 4710 JG (J) 6/9/06 $1,113.05 

54 ANB # 4710 JG (J) 7/18/06 $1,113.05 

55 ANB # 4710 JG (J) 8/7/06 $1,113.05 

56 ANB # 4710 JG (J) 9/13/06 $1,113.05 

57 ANB # 4710 JG (J) 10/16/06 $1,113.05 

58 ANB # 4710 JG (J) 11/15/06 $1,220.05 

59 ANB # 4710 JG (J) 12/15/06 $1,220.05 

60 ANB # 4710 JG (J) 1/16/07 $1,220.05 

61 ANB # 4710 JG (J) 2/14/07 $1,113.05 

62 ANB # 4710 JG (J) 3/9/07 $1,113.05 

63 ANB # 4710 JG (J) 4/17/07 $1,113.05 

64 GB #1321 WW/AW (WC) 5/10/07 $1,120.55 

65 GB #1321 WW/AW (WC) 6/13/07 $1,125.55 

66 GB #1321 WW/AW (WC) 7/12/07 $1,120.55 

67 ANB # 4710 JG (J) 8/13/07 $1,120.55 

68 GB #1321 WW/AW (WC) 9/17/07 $1,120.55 

69 GB #1321 WW/AW (WC) 10/17/07 $1,120.55 

70 ANB # 4710 JG (J) 11/8/07 $1,120.55 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 153 of 186
154

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

71 GB #1321 WW/AW (WC) 12/18/07 $1,120.55 

72 ANB # 4723 WW (W) 1/25/08 $1,176.20 

73 ANB # 4710 JG (J) 3/4/08 $1,188.70 

74 GB #1321 WW/AW (WC) 3/18/08 $1,120.55 

75 GB #1321 WW/AW (WC) 4/22/08 $1,183.70 

76 GB #1321 WW/AW (WC) 5/27/08 $1,120.55 

b. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #43

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #44

44. Opinions for the loan dated 11/30/01 to John Gallegos by CBSK Financial 

dba American Home Loans for $136,800 and for the loan dated 11/30/01 to 

John Gallegos by CBSK Financial dba American Home Loans for $34,200. 

(These loans are designated as Loan Code 6th–5-A and 6th-5-B respectively)

a. 422 E. 6th Avenue, Denver, CO, an address listed on the Schedule of 

Real Estate Owned Section of the loan application, is not the property 

which was pledged as collateral for the $123,000 liability to Flagstar Bank 

listed in the Liabilities Section of the loan application. That liability actually 

corresponds to the 9/22/2000 loan to John Gallegos for $124,700 from 

Flagstar Bank for the refinancing of 430 E. 6th Avenue (Loan Code 6th-1).

b. The 6/25/01 loan to John Gallegos for $136,800 from Peoples Choice 

Home Loans for the refinancing of 430 E. 6th Avenue (Loan Code 6th-3) 

was outstanding as of 11/30/01, but was not listed on the loan application 

for 6th-5 as a liability or on the Schedule of Real Estate Owned.

c. The 7/11/01 loan to John Gallegos for $136,800 from Matrix Financial 

Services for the refinancing of 430 E. 6th Avenue (Loan Code 6th-4) was 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 154 of 186
155

outstanding as of 11/30/01, but was not listed on the loan application for 

6th-5 as a liability or on the Schedule of Real Estate Owned.

d. The 7/19/01 loan to John Gallegos for $337,500 from Resource Bank for 

the refinancing of 7603 California Avenue SW (Loan Code Calif-1) was 

outstanding as of 11/30/01, but was not listed on the loan application for 

6th-5 as a liability of on the Schedule or Real Estate Owned.

e. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code 6th-5-A:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #7049 CW/WW (CW) 2/26/02 $1,088.44 

2 FASB #7049 CW/WW (CW) 3/15/02 $1,088.44 

3 FASB #7049 CW/WW (CW) 4/11/02 $1,088.44 

4 FASB #1625 CCCT (WCPJ) 5/7/02 $1,088.44 

5 FASB #1625 CCCT (WCPJ) 6/6/02 $1,088.44 

6 FASB #1625 CCCT (WCPJ) 7/22/02 $1,088.44 

7 FASB #7049 CW/WW (CW) 8/7/02 $1,088.44 

8 FASB #7049 CW/WW (CW) 9/13/02 $1,088.44 

9 FASB #7049 CW/WW (CW) 10/9/02 $1,088.44 

10 FASB #7049 CW/WW (CW) 11/13/02 $1,088.44 

11 FASB #1666 CCCT (JWCP) 12/30/02 $2,231.30 

12 FASB #1666 CCCT (JWCP) 2/5/03 $1,088.44 

13 FASB #1666 CCCT (JWCP) 3/13/03 $1,088.44 

14 FASB #1666 CCCT (JWCP) 3/31/03 $1,088.44 

15 FASB #1666 CCCT (JWCP) 4/17/03 $1,088.44 

16 FASB #1666 CCCT (JWCP) 5/15/03 $1,088.44 

17 ANB # 7831 CCCT (WJ) 6/12/03 $1,088.44 

18 ANB # 7831 CCCT (WJ) 7/10/03 $1,088.44 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 155 of 186
156

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

19 ANB # 7831 CCCT (WJ) 8/19/03 $1,088.44 

20 ANB # 7831 CCCT (WJ) 9/18/03 $1,088.44 

21 ANB # 7831 CCCT (WJ) 10/22/03 $1,088.44 

22 ANB # 7831 CCCT (WJ) 11/13/03 $1,088.44 

23 ANB # 7831 CCCT (WJ) 12/12/03 $1,087.49 

24 ANB # 7831 CCCT (WJ) 1/16/04 $1,087.49 

25 FASB #7056 JG (J) 2/24/04 $1,087.49 

26 FASB #7056 JG (J) 3/11/04 $1,087.49 

27 FASB #7056 JG (J) 4/14/04 $1,087.49 

28 FASB #7056 JG (J) 5/12/04 $1,087.49 

29 FASB #7056 JG (J) 6/14/04 $1,087.49 

30 FASB #7056 JG (J) 7/16/04 $1,087.49 

31 FASB #7056 JG (J) 8/12/04 $1,087.49 

32 FASB #7056 JG (J) 9/15/04 $1,087.49 

33 FASB #7056 JG (J) 10/18/04 $1,087.49 

34 FASB #7056 JG (J) 11/16/04 $1,087.49 

35 FASB #7056 JG (J) 12/7/04 $1,087.49 

36 FASB #7056 JG (J) 1/12/05 $1,087.49 

37 FASB #7056 JG (J) 2/14/05 $1,087.49 

38 FASB #7056 JG (J) 3/16/05 $1,087.49 

39 FASB #7056 JG (J) 4/19/05 $939.51 

40 FASB #7056 JG (J) 5/17/05 $939.51 

41 FASB #7056 JG (J) 5/18/05 $939.51 

42 FASB #7056 JG (J) 6/20/05 $1,210.50 

43 FASB #7056 JG (J) 7/13/05 $1,273.02 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 156 of 186
157

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

44 FASB #7056 JG (J) 8/11/05 $1,273.02 

45 FASB #7056 JG (J) 9/14/05 $1,273.02 

46 FASB #7056 JG (J) 10/7/05 $1,273.02 

47 ANB # 4710 JG (J) 11/15/05 $1,273.02 

48 ANB # 4710 JG (J) 12/8/05 $1,355.91 

49 ANB # 4710 JG (J) 1/13/06 $1,355.91 

50 ANB # 4710 JG (J) 2/10/06 $1,355.91 

51 ANB # 4710 JG (J) 3/9/06 $1,355.91 

52 ANB # 4710 JG (J) 4/7/06 $1,355.91 

53 ANB # 4710 JG (J) 5/18/06 $1,355.91 

54 ANB # 4710 JG (J) 6/12/06 $1,435.45 

55 ANB # 4710 JG (J) 7/18/06 $1,435.45 

56 GB #1348 JG (J) 8/15/06 $1,380.99 

57 GB #1348 JG (J) 9/13/06 $1,380.99 

58 ANB # 4710 JG (J) 10/16/06 $1,380.99 

59 ANB # 4710 JG (J) 11/15/06 $1,380.99 

60 ANB # 4710 JG (J) 12/15/06 $1,392.41 

61 ANB # 4710 JG (J) 1/16/07 $1,392.41 

62 ANB # 4710 JG (J) 2/14/07 $1,392.41 

63 ANB # 4710 JG (J) 3/9/07 $1,392.41 

64 ANB # 4723 WW (W) 4/17/07 $1,392.41 

65 ANB # 4710 JG (J) 5/11/07 $1,392.41 

66 ANB # 4710 JG (J) 6/13/07 $1,392.41 

67 GB #1321 WW/AW (WC) 7/13/07 $1,392.41 

68 GB #1321 WW/AW (WC) 8/14/07 $1,392.41 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 157 of 186
158

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

69 ANB # 4710 JG (J) 9/14/07 $1,392.41 

70 GB #1321 WW/AW (WC) 10/17/07 $1,392.41 

71 ANB # 4723 WW (W) 11/9/07 $1,392.41 

72 ANB # 4710 JG (J) 12/19/07 $1,336.83 

73 ANB # 4710 JG (J) 1/28/08 $1,336.83 

74 ANB # 4710 JG (J) 2/15/08 $1,336.83 

75 GB #1321 WW/AW (WC) 3/18/08 $1,336.83 

76 GB #1321 WW/AW (WC) 4/9/08 $1,336.83 

77 GB #1321 WW/AW (WC) 5/28/08 $1,336.83 

f. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code 6th-5-B:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT (WCPJ) 1/14/02 $412.00 

2 FASB #7049 CW/WW (CW) 2/19/02 $412.00 

3 FASB #7049 CW/WW (CW) 3/7/02 $412.00 

4 FASB #7049 CW/WW (CW) 4/9/02 $412.00 

5 FASB #1625 CCCT (WCPJ) 5/6/02 $412.00 

6 FASB #1625 CCCT (WCPJ) 6/6/02 $412.00 

7 FASB #1625 CCCT (WCPJ) 7/2/02 $412.00 

8 FASB #7049 CW/WW (CW) 8/6/02 $412.00 

9 FASB #7049 CW/WW (CW) 9/13/02 $412.00 

10 FASB #7049 CW/WW (CW) 10/9/02 $412.00 

11 FASB #7049 CW/WW (CW) 11/14/02 $412.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 158 of 186
159

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

12 FASB #1666 CCCT (JWCP) 12/26/02 $417.00 

13 FASB #1666 CCCT (JWCP) 1/16/03 $412.00 

14 FASB #1666 CCCT (JWCP) 2/4/03 $412.00 

15 FASB #1666 CCCT (JWCP) 3/14/03 $412.00 

16 FASB #1666 CCCT (JWCP) 4/17/03 $437.60 

17 FASB #1666 CCCT (JWCP) 5/15/03 $417.00 

18 ANB # 7831 CCCT (WJ) 6/12/03 $417.00 

19 ANB # 7831 CCCT (WJ) 7/10/03 $402.00 

20 ANB # 7831 CCCT (WJ) 8/15/03 $412.00 

21 ANB # 7831 CCCT (WJ) 9/18/03 $417.00 

22 ANB # 7831 CCCT (WJ) 10/22/03 $402.00 

23 ANB # 7831 CCCT (WJ) 11/12/03 $412.00 

24 ANB # 7831 CCCT (WJ) 12/12/03 $412.00 

25 ANB # 7831 CCCT (WJ) 1/16/04 $412.00 

26 FASB #7056 JG (J) 2/24/04 $412.00 

27 FASB #7056 JG (J) 3/11/04 $412.00 

28 FASB #7056 JG (J) 4/14/04 $412.00 

29 FASB #7056 JG (J) 5/12/04 $412.00 

30 FASB #7056 JG (J) 6/14/04 $412.00 

31 FASB #7056 JG (J) 7/16/04 $412.00 

32 FASB #7056 JG (J) 8/12/04 $412.00 

33 FASB #7056 JG (J) 9/23/04 $412.00 

34 FASB #7056 JG (J) 10/18/04 $412.00 

35 FASB #7056 JG (J) 11/16/04 $412.00 

36 FASB #7056 JG (J) 12/7/04 $412.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 159 of 186
160

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

37 FASB #7056 JG (J) 1/12/05 $412.00 

38 FASB #7056 JG (J) 2/9/05 $412.00 

39 FASB #7056 JG (J) 3/16/05 $412.00 

40 FASB #7056 JG (J) 4/19/05 $412.00 

41 FASB #7056 JG (J) 5/17/05 $412.00 

42 FASB #7056 JG (J) 6/20/05 $412.00 

43 FASB #7056 JG (J) 7/11/05 $412.00 

44 FASB #7056 JG (J) 8/11/05 $412.00 

45 FASB #7056 JG (J) 9/14/05 $412.00 

46 FASB #7056 JG (J) 10/7/05 $412.00 

47 ANB # 4710 JG (J) 11/14/05 $412.00 

48 ANB # 4710 JG (J) 12/8/05 $412.00 

49 ANB # 4710 JG (J) 1/10/06 $412.00 

50 ANB # 4710 JG (J) 2/10/06 $412.00 

51 ANB # 4710 JG (J) 3/9/06 $412.00 

52 ANB # 4710 JG (J) 4/7/06 $412.00 

53 ANB # 4710 JG (J) 5/12/06 $412.00 

54 ANB # 4710 JG (J) 6/9/06 $412.00 

55 ANB # 4710 JG (J) 7/18/06 $412.00 

56 ANB # 4710 JG (J) 8/15/06 $412.00 

57 ANB # 4710 JG (J) 9/11/06 $412.00 

58 ANB # 4710 JG (J) 10/13/06 $412.00 

59 ANB # 4710 JG (J) 11/15/06 $412.00 

60 ANB # 4710 JG (J) 12/15/06 $412.00 

61 ANB # 4710 JG (J) 1/16/07 $412.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 160 of 186
161

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

62 ANB # 4710 JG (J) 2/14/07 $412.00 

63 ANB # 4710 JG (J) 3/9/07 $412.00 

64 ANB # 4723 WW (W) 4/17/07 $412.00 

65 ANB # 4710 JG (J) 5/9/07 $412.00 

66 ANB # 4710 JG (J) 6/20/07 $412.00 

67 ANB # 4710 JG (J) 7/13/07 $412.00 

68 ANB # 4710 JG (J) 8/14/07 $412.00 

69 ANB # 4710 JG (J) 9/14/07 $412.00 

70 ANB # 4710 JG (J) 10/17/07 $412.00 

71 GB #1321 WW/AW (WC) 11/9/07 $412.00 

72 ANB # 4723 WW (W) 12/28/07 $844.60 

73 ANB # 4710 JG (J) 1/28/08 $412.00 

74 ANB # 4723 WW (W) 2/14/08 $412.00 

75 GB #1321 WW/AW (WC) 3/17/08 $412.00 

76 GB #1321 WW/AW (WC) 4/8/08 $412.00 

77 GB #1321 WW/AW (WC) 5/28/08 $412.00 

g. These loans were not paid off as of May 31, 2008.

OBJECTION TO OPINION #44

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #45

45. Opinions for the loan dated 12/20/01 to John Gallegos by Bridge Capital 

Corp for $136,800. (This loan is designated as Loan Code 6th-6)

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 161 of 186
162

a. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code 6th-6:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1625 CCCT (WCPJ) 2/21/02 $1,125.42 

2 FASB #7049 CW/WW (CW) 3/8/02 $1,125.42 

3 FASB #7049 CW/WW (CW) 4/10/02 $1,125.42 

4 FASB #1625 CCCT (WCPJ) 5/8/02 $1,125.42 

5 FASB #1625 CCCT (WCPJ) 6/5/02 $1,125.42 

6 FASB #1625 CCCT (WCPJ) 7/3/02 $1,125.42 

7 FASB #7049 CW/WW (CW) 8/7/02 $1,125.42 

8 FASB #7049 CW/WW (CW) 9/13/02 $1,125.42 

9 FASB #7049 CW/WW (CW) 10/9/02 $1,125.42 

10 FASB #7049 CW/WW (CW) 11/14/02 $1,125.42 

11 FASB #1666 CCCT (JWCP) 12/30/02 $1,181.69 

12 FASB #1666 CCCT (JWCP) 1/21/03 $1,125.42 

13 FASB #1666 CCCT (JWCP) 2/5/03 $1,125.42 

14 FASB #1666 CCCT (JWCP) 3/13/03 $1,125.42 

15 FASB #1666 CCCT (JWCP) 4/17/03 $1,125.42 

16 FASB #1666 CCCT (JWCP) 5/15/03 $1,125.42 

17 ANB # 7831 CCCT (WJ) 6/12/03 $1,125.42 

18 ANB # 7831 CCCT (WJ) 7/10/03 $1,125.42 

19 ANB # 7831 CCCT (WJ) 8/15/03 $1,125.42 

20 ANB # 7831 CCCT (WJ) 9/18/03 $1,125.42 

21 ANB # 7831 CCCT (WJ) 10/22/03 $1,125.42 

22 ANB # 7831 CCCT (WJ) 11/13/03 $1,125.42 

23 ANB # 7831 CCCT (WJ) 12/12/03 $1,125.42 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 162 of 186
163

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

24 ANB # 7831 CCCT (WJ) 1/16/04 $1,125.42 

25 FASB #7056 JG (J) 2/24/04 $1,125.42 

26 FASB #7056 JG (J) 3/11/04 $1,125.42 

27 FASB #7056 JG (J) 4/14/04 $1,125.42 

28 FASB #7056 JG (J) 5/12/04 $1,125.42 

29 FASB #7056 JG (J) 6/14/04 $1,125.42 

30 FASB #7056 JG (J) 7/16/04 $1,125.42 

31 FASB #7056 JG (J) 8/12/04 $1,125.42 

32 FASB #7056 JG (J) 9/15/04 $1,125.42 

33 FASB #7056 JG (J) 10/18/04 $1,125.42 

34 FASB #7056 JG (J) 11/16/04 $1,125.42 

35 FASB #7056 JG (J) 12/7/04 $1,125.42 

36 FASB #7056 JG (J) 1/12/05 $1,125.42 

37 FASB #7056 JG (J) 2/9/05 $1,125.42 

38 FASB #7056 JG (J) 4/19/05 $1,125.42 

39 FASB #7056 JG (J) 4/19/05 $1,125.42 

40 FASB #7056 JG (J) 5/17/05 $1,125.42 

41 FASB #7056 JG (J) 5/18/05 $1,125.42 

42 FASB #7056 JG (J) 6/20/05 $1,210.50 

43 FASB #7056 JG (J) 7/12/05 $1,269.44 

44 FASB #7056 JG (J) 8/11/05 $1,269.44 

45 FASB #7056 JG (J) 9/14/05 $1,269.44 

46 FASB #7056 JG (J) 10/7/05 $1,269.44 

47 ANB # 4710 JG (J) 11/15/05 $1,269.44 

48 ANB # 4710 JG (J) 12/8/05 $1,269.44 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 163 of 186
164

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

49 ANB # 4710 JG (J) 1/13/06 $1,377.03 

50 ANB # 4710 JG (J) 2/10/06 $1,377.03 

51 ANB # 4710 JG (J) 3/9/06 $1,377.03 

52 ANB # 4710 JG (J) 4/7/06 $1,377.03 

53 GB #1348 JG (J) 5/18/06 $1,377.03 

54 GB #1348 JG (J) 6/12/06 $1,291.95 

55 GB #1348 JG (J) 7/18/06 $1,352.46 

56 ANB # 4710 JG (J) 8/15/06 $1,352.46 

57 ANB # 4710 JG (J) 9/13/06 $1,352.46 

58 ANB # 4710 JG (J) 10/16/06 $1,352.46 

59 ANB # 4710 JG (J) 11/15/06 $1,352.46 

60 ANB # 4710 JG (J) 12/15/06 $1,352.46 

61 ANB # 4710 JG (J) 1/16/07 $1,364.57 

62 ANB # 4710 JG (J) 2/14/07 $1,364.57 

63 ANB # 4710 JG (J) 3/9/07 $1,364.57 

64 ANB # 4723 WW (W) 4/17/07 $1,364.57 

65 ANB # 4723 WW (W) 5/11/07 $1,364.57 

66 ANB # 4723 WW (W) 6/13/07 $1,364.57 

67 ANB # 4723 WW (W) 7/13/07 $1,364.57 

68 ANB # 4723 WW (W) 8/14/07 $1,364.57 

69 ANB # 4710 JG (J) 9/14/07 $1,364.57 

70 GB #1321 WW/AW (WC) 10/17/07 $1,364.57 

71 ANB # 4723 WW (W) 11/9/07 $1,364.57 

72 GB #1321 WW/AW (WC) 12/19/07 $1,364.57 

73 ANB # 4723 WW (W) 1/28/08 $1,317.19 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 164 of 186
165

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

74 ANB # 4723 WW (W) 2/15/08 $1,317.19 

75 GB #1321 WW/AW (WC) 3/18/08 $1,317.19 

76 GB #1321 WW/AW (WC) 4/9/08 $1,317.19 

77 GB #1321 WW/AW (WC) 5/28/08 $1,317.19 

b. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #45

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #46

46. Opinions for the loan dated 7/19/01 to John Gallegos by Resource Bank for 

$337,500. (This loan is designated as Loan Code Calif-1)

a. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code Calif-1; where a bank 

account is identified, funds from that account were used to make the 

payment:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #7056 JG (J) 9/17/01 $3,269.85 

2 1/15/02 $3,268.64 

3 2/6/02 $3,405.94 

4 3/7/02 $3,268.64 

5 FASB #3407 G4 Holding (JWPC) 4/2/02 $3,268.64 

6 FASB #3407 G4 Holding (JWPC) 4/30/02 $3,345.00 

7 6/6/02 $3,345.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 165 of 186
166

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

8 7/10/02 $3,345.00 

9 8/12/02 $3,345.00 

10 9/9/02 $3,345.00 

11 9/30/02 $3,345.00 

12 11/4/02 $3,345.00 

b. This loan was paid off on December 27, 2002.

OBJECTION TO OPINION #46

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #47

47. Opinions for the loan dated 12/13/02 to John Gallegos by Countrywide for 

$360,000. (This loan is designated as Loan Code Calif-2) [Based upon 

information received by the government on August 23, 2012, the date for the loan 

designated as Loan Code Calif-2 is 12/13/02 and not 12/27/02, as previously 

believed. ]

a. The proceeds from this loan were used to fund the payoff of Calif-1.

b. The following mortgage payments (which in some instances included fees) 

were made on the loan designated as Loan Code Calif-2; where a bank 

account is identified, funds from that account were used to make the 

payment:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 2/5/03 $2,617.13 

2 FASB #7056 JG (J) 3/17/03 $2,617.13 

3 FASB #7056 JG (J) 4/4/03 $2,617.13 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 166 of 186
167

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

4 FASB #1666 CCCT (JWCP) 5/14/03 $2,617.13 

5 ANB # 7831 CCCT (WJ) 6/11/03 $2,617.13 

6 ANB # 7831 CCCT (WJ) 7/9/03 $2,617.13 

7 ANB # 7831 CCCT (WJ) 8/14/03 $2,617.13 

8 ANB # 7831 CCCT (WJ) 9/17/03 $2,617.13 

9 ANB # 7831 CCCT (WJ) 10/21/03 $2,720.75 

10 ANB # 7831 CCCT (WJ) 11/12/03 $2,617.13 

11 ANB # 7831 CCCT (WJ) 12/11/03 $2,617.13 

12 ANB # 7831 CCCT (WJ) 1/7/04 $2,617.13 

13 FASB #7056 JG (J) 2/23/04 $2,755.18 

14 FASB #1625 CCCT (WCPJ) 4/13/04 $5,303.12 

15 FASB #7056 JG (J) 5/11/04 $2,651.56 

16 FASB #7056 JG (J) 6/11/04 $2,651.56 

17 FASB #7056 JG (J) 7/15/04 $2,651.56 

18 FASB #7056 JG (J) 8/11/04 $2,662.03 

19 FASB #7056 JG (J) 9/15/04 $2,662.03 

20 FASB #7056 JG (J) 10/15/04 $2,662.03 

21 FASB #7056 JG (J) 11/15/04 $2,662.03 

22 FASB #7056 JG (J) 12/6/04 $2,662.03 

23 FASB #7056 JG (J) 1/11/05 $2,662.03 

24 FASB #7056 JG (J) 2/8/05 $2,662.03 

25 FASB #7056 JG (J) 3/15/05 $2,662.03 

c. This loan was paid off on April 19, 2005.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 167 of 186
168

OBJECTION TO OPINION #47

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #48

48. Opinions for the loan dated 4/8/05 to John Gallegos by Washington Mutual 

Bank for $359,000. (This loan is designated as Loan Code Calif-3) [Based upon 

information received by the government on August 23, 2012, the date for the loan 

designated as Loan Code Calif-3 is 4/8/05 and not 4/15/05, as previously 

believed.]

a. The proceeds from this loan were used to fund the payoff of Calif-2.

b. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code Calif-3:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #7056 JG (J) 6/20/05 $1,609.59 

2 FASB #7056 JG (J) 7/8/05 $1,611.59 

3 FASB #7056 JG (J) 8/10/05 $1,611.59 

4 FASB #7056 JG (J) 9/14/05 $1,646.28 

5 FASB #7056 JG (J) 10/7/05 $1,646.28 

6 ANB # 4710 JG (J) 11/15/05 $1,646.28 

7 ANB # 4710 JG (J) 12/7/05 $1,646.28 

8 ANB # 4710 JG (J) 1/12/06 $1,646.28 

9 ANB # 4710 JG (J) 2/9/06 $1,646.28 

10 ANB # 4710 JG (J) 3/8/06 $1,646.28 

11 ANB # 4710 JG (J) 4/6/06 $1,646.28 

12 ANB # 4710 JG (J) 5/17/06 $1,646.28 

13 ANB # 4710 JG (J) 6/8/06 $1,736.00 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 168 of 186
169

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

14 ANB # 4710 JG (J) 7/17/06 $1,736.00 

15 ANB # 4710 JG (J) 8/4/06 $1,736.00 

16 ANB # 4710 JG (J) 9/8/06 $1,724.66 

17 ANB # 4710 JG (J) 10/13/06 $1,724.66 

18 ANB # 4710 JG (J) 11/14/06 $1,724.66 

19 ANB # 4710 JG (J) 12/14/06 $1,724.66 

20 ANB # 4710 JG (J) 1/12/07 $1,724.66 

21 ANB # 4710 JG (J) 2/12/07 $1,724.66 

22 ANB # 4710 JG (J) 3/7/07 $1,724.66 

23 ANB # 4710 JG (J) 4/17/07 $1,724.66 

24 ANB # 4710 JG (J) 5/9/07 $1,724.66 

25 ANB # 4710 JG (J) 6/19/07 $1,821.11 

26 ANB # 4710 JG (J) 7/12/07 $1,821.11 

27 ANB # 4710 JG (J) 8/14/07 $1,821.11 

28 ANB # 4710 JG (J) 9/13/07 $1,833.63 

29 ANB # 4710 JG (J) 10/16/07 $1,833.63 

30 ANB # 4710 JG (J) 11/8/07 $1,833.63 

31 ANB # 4710 JG (J) 12/18/07 $1,833.63 

32 ANB # 4710 JG (J) 1/25/08 $1,902.76 

33 ANB # 4710 JG (J) 2/14/08 $1,833.63 

34 ANB # 4710 JG (J) 3/17/08 $1,833.63 

35 ANB # 4710 JG (J) 4/8/08 $1,833.63 

36 GB #1321 WW/AW (WC) 5/27/08 $1,833.63 

c. This loan was not paid off as of May 31, 2008.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 169 of 186
170

OBJECTION TO OPINION #48

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #49

49. Opinions for the loan dated 10/12/07 to John Gallegos by Countrywide 

Home Loans for $465,500. (This loan is designated as Loan Code Calif-4)

a. Loan proceeds of $449,960.23 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 10/12/07.

b. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code Calif-4:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 ANB # 4723 WW (W) 12/28/07 $3,544.84 

2 ANB # 4723 WW (W) 1/25/08 $3,738.66 

3 ANB # 4723 WW (W) 2/14/08 $3,396.46 

4 GB #1321 WW/AW (WC) 3/17/08 $3,540.29 

5 GB #1321 WW/AW (WC) 4/8/08 $3,741.12 

6 GB #1321 WW/AW (WC) 5/27/08 $3,393.04 

c. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #49

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 170 of 186
171

OPINION #50

50. Opinions for the loan dated 1/22/08 to John Gallegos by Bank of America 

for $383,200. (This loan is designated as Loan Code Calif-5)

a. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $33,897 liability to Wilshire Credit 

Corp listed in the Liabilities Section of the loan application, or the debt of 

$33,897 to Wilshire Credit Corp listed in the credit report. That liability and 

that debt actually correspond to the 11/30/2001 loan to John Gallegos for 

$34,200 from CBSK Financial dba American Home Loans for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-5-B).

b. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $385,809 liability to “Amtrust Bk” 

listed in the Liabilities Section of the loan application, or the debt of 

$385,809 to “Amtrust Bk’ listed in the credit report. That liability and that 

debt actually correspond to the 2/13/2004 loan to John Gallegos for 

$400,000 from 1st Mariner Bank for the refinancing of 141 Lost Angel 

Road (Loan Code L-4).

c. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $490,732 liability to “WF Hme Mrtg” 

listed in the Liabilities Section of the loan application, or the debt of 

$490,732 to “WF Hme Mrtg” listed in the credit report. That liability and 

that debt actually correspond to the 12/27/2006 loan to John Gallegos for 

$495,000 from Wells Fargo Bank NA for the refinancing of 141 Lost Angel 

Road (Loan Code L-11).

d. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for the $380,276 liability to “Select Portfolio 

Svc” listed in the Liabilities Section of the loan application, or the debt of 

$380,276 to “Select Portfolio Svc” listed in the credit report. That liability 

and that debt actually correspond to the 3/29/2002 loan to John Gallegos 

for $400,000 from Resource Bank for the refinancing of 141 Lost Angel 

Road (Loan Code L-2).

e. 20 Whistler Pine Way, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $391,647 liability to “WF Hme Mrtg” listed in 

the Schedule of Real Estate Owned Section of the loan application, or the 

debt of $391,647 to “WF Hme Mrtg” listed in the credit report. That liability 

and that debt actually correspond to the 8/25/2005 loan to John Gallegos 

for $400,000 from Wells Fargo Bank NA for the refinancing of 141 Lost 

Angel Road (Loan Code L-9).

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 171 of 186
172

f. 575 Pennseylvaina [sic] St, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $262,774 liability to “Select Portfolio Svc” 

listed in the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $262,774 to “Select Portfolio Svc” listed in the 

credit report. That liability and that debt actually correspond to the 

3/21/2002 loan to John Gallegos for $278,000 from Aames Funding for the 

refinancing of 141 Lost Angel Road (Loan Code L-1).

g. 563 Pennseyvaina [sic] Ave, an address listed on the Schedule of Real 

Estate Owned Section of the loan application, is not the property which 

was pledged as collateral for the $129,801 liability to Home Coming 

Funding listed in the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $129,801 to Home Coming Funding listed in the 

credit report. That liability and that debt actually correspond to the 7/11/01 

loan to John Gallegos for $136,800 from Matrix Financial Services for the 

refinancing of 430 E. 6th Avenue (Loan Code 6th-4).

h. 561 Pennseyvania [sic] , an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $128,110 liability to Indymac Bank listed in 

the Schedule of Real Estate Owned Section of the loan application, or the 

debt of $128,110 to Indymac Bank listed in the credit report. That liability 

and that debt actually correspond to the 6/25/2001 loan to John Gallegos 

for $136,800 from Peoples Choice Home Loan for the refinancing of 430 

E. 6th Avenue (Loan Code 6th-3).

i. 561 Pennseyvania [sic] , an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $131,020 liability to Ocwen Loan Servicing 

listed in the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $131,020 to Ocwen Loan Servicing listed in the 

credit report. That liability and that debt actually correspond to the 

12/20/2001 loan to John Gallegos for $136,800 from Bridge Capital Corp 

for the refinancing of 430 E. 6th Avenue (Loan Code 6th-6).

j. 1302 Sherman St, an address listed on the Schedule of Real Estate 

Owned Section of the loan application, is not the property which was 

pledged as collateral for the $127,360 liability to Ocwen Loan Servicing 

listed in the Schedule of Real Estate Owned Section of the loan 

application, or the debt of $127,360 to Ocwen Loan Servicing listed in the 

credit report. That liability and that debt actually correspond to the 

11/30/2001 loan to John Gallegos for $136,800 from CBSK Financial dba 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 172 of 186
173

American Home Loans for the refinancing of 430 E. 6th Avenue (Loan 

Code 6th-5-A).

k. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $607,435 liability listed in the 

Liabilities Section of the loan application, or the debt of $359,000 to 

“Wshngtn Mutl” listed in the credit report. Part of that liability and that debt 

actually correspond to the 4/15/2005 loan to John Gallegos for $359,000 

from Washington Mutual Bank (WAMU) for the refinancing of 7603 

California Avenue SW (Loan Code Calif-3).

l. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $607,435 liability listed in the 

Liabilities Section of the loan application, or the debt of $118,746 to 

“Select Portfolio Svc” listed in the credit report. Part of that liability and 

that debt actually correspond to the 9/22/00 loan to John Gallegos for 

$124,720 from Stonecreek Funding for the refinancing of 430 E. 6th 

Avenue (Loan Code 6th-2).

m. There was no address listed on the Schedule of Real Estate Owned 

Section of the loan application for part of the $607,435 liability listed in the 

Liabilities Section of the loan application, or the debt of $222,902 to Home 

Coming Funding listed in the credit report. Part of that liability and that 

debt actually correspond to the 6/25/2002 loan to John Gallegos for 

$229,800 from General Mortgage Corp of America for the refinancing of 

141 Lost Angel Road (Loan Code L-3).

n. The 10/12/07 loan to John Gallegos for $465,500 from Countrywide Home 

Loans for the refinancing of 7603 California Avenue SW (Loan Code Calif4) was outstanding as of 1/22/08, but was not listed on the loan 

application for Calif-5 as a liability or on the Schedule of Real Estate 

Owned.

o. Loan proceeds of $379,724.40 were deposited by wire transfer into the 

Guaranty Bank account #51209410 in the name of Real Estate Title LLC 

Escrow/Trust Account on 1/25/08.

p. The proceeds from this loan were not used to pay off the prior mortgage 

designated by the lender to be paid off as a condition of the approval of 

the loan, namely a loan to Washington Mutual (Loan Code Calif-3). 

q. The proceeds from this loan were used in part to fund the payoff of S-14.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 173 of 186
174

r. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code Calif-5:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 GB #1321 WW/AW (WC) 4/8/08 $4,487.52 

2 GB #1321 WW/AW (WC) 5/27/08 $2,251.26 

s. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #50

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #51

51. Opinions for the loan dated 1/2008 to John Gallegos by Bank of America for 

$100,000. (This loan is designated as Loan Code Calif-6)

a. Loan proceeds of $50,000.00 were deposited by check into the American 

National Bank account #70074723 in the name of Waun Weingart on 

2/22/08.

b. Loan proceeds of $50,000.00 were deposited by check into the American 

National Bank account #70074710 in the name of John P. Gallegos on 

2/22/08.

c. This loan was not paid off as of May 31, 2008.

OBJECTION TO OPINION #51

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #52

52. Opinions for the loan dated 12/18/02 to Craig Weingart by Firstar Finance 

for $486,000. (This loan is designated as Loan Code Unk-1)

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 174 of 186
175

a. Loan proceeds of $484,185.80 were deposited by wire transfer into the 

First American State Bank account #111666 in the name of Colorado 

County & Community Title Operating Account on 12/18/02.

b. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code Unk-1:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1666 CCCT (JWCP) 2/5/03 $3,168.36 

2 FASB #1355 CW/WW (CW) 3/11/03 $3,177.36 

3 FASB #1666 CCCT (JWCP) 4/16/03 $3,173.36 

4 FASB #1666 CCCT (JWCP) 5/14/03 $3,173.36 

5 ANB # 7831 CCCT (WJ) 6/11/03 $3,173.36 

6 ANB # 7831 CCCT (WJ) 7/9/03 $3,173.36 

7 ANB # 7831 CCCT (WJ) 8/14/03 $3,173.36 

8 ANB # 7831 CCCT (WJ) 9/17/03 $3,173.36 

9 ANB # 7831 CCCT (WJ) 10/21/03 $3,175.36 

10 ANB # 7831 CCCT (WJ) 11/12/03 $3,331.78 

11 ANB # 7831 CCCT (WJ) 12/11/03 $3,173.36 

12 ANB # 7831 CCCT (WJ) 1/15/04 $3,173.36 

13 FASB #1355 CW/WW (CW) 2/23/04 $3,331.78 

14 FASB #1355 CW/WW (CW) 3/10/04 $3,173.36 

15 FASB #1355 CW/WW (CW) 4/13/04 $3,173.36 

16 FASB #1355 CW/WW (CW) 5/11/04 $3,173.36 

17 FASB #1355 CW/WW (CW) 6/11/04 $3,173.36 

18 FASB #1355 CW/WW (CW) 7/15/04 $3,173.36 

19 FASB #1355 CW/WW (CW) 8/11/04 $3,173.36 

20 FASB #1355 CW/WW (CW) 9/14/04 $3,173.36 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 175 of 186
176

c. This loan was paid off on September 16, 2004 by a wire transfer of 

$479,914.11 from the First American State Bank account #111666 in the 

name of Colorado County & Community Title Operating Account.

OBJECTION TO OPINION #52

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

OPINION #53

53. Opinions for the loan dated 10/17/03 to Alois Weingart by Peoples Choice 

Home Loan for $420,000. (This loan is designated as Loan Code Unk-2) 

[Based upon information received by the government on August 29, 2012, the 

loan designated as Loan Code Unk-2 is in fact a loan to refinance 7766 

Saxeborough Drive dated 10/17/03 to Alois C. Weingart by People’s Choice 

Home Loan Inc. for $420,000.]

a. Loan proceeds of $418,331.50 were deposited by wire transfer into the 

American National Bank account #70047831 in the name of Colorado 

County & Community Title Operating Account on 10/22/03.

b. Funds from the following accounts were used to make the following 

mortgage payments (which in some instances included fees) on the loan 

designated as Loan Code Unk-2:

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

1 FASB #1355 CW/WW (CW) 12/15/03 $2,794.28 

2 FASB #1355 CW/WW (CW) 1/7/04 $2,794.28 

3 ANB # 7831 CCCT (WJ) 2/24/04 $2,804.23 

4 FASB #1625 CCCT (WCPJ) 3/10/04 $2,804.23 

5 FASB #1355 CW/WW (CW) 4/13/04 $2,804.23 

6 FASB #1355 CW/WW (CW) 5/11/04 $2,804.23 

7 FASB #1355 CW/WW (CW) 6/11/04 $2,804.23 

8 FASB #1355 CW/WW (CW) 7/15/04 $2,804.23 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 176 of 186
177

Ref Bank Account

(see Abbreviation Chart after 

Opinion #52)

Date Payment 

9 FASB #1355 CW/WW (CW) 8/11/04 $2,804.23 

10 FASB #1355 CW/WW (CW) 9/15/04 $2,804.23 

11 FASB #1355 CW/WW (CW) 10/15/04 $2,804.23 

12 FASB #1355 CW/WW (CW) 11/15/04 $2,804.23 

13 FASB #1355 CW/WW (CW) 12/6/04 $2,804.23 

14 FASB #1355 CW/WW (CW) 1/11/05 $2,804.23 

15 FASB #1355 CW/WW (CW) 2/8/05 $2,804.23 

16 FASB #1355 CW/WW (CW) 3/15/05 $2,804.23 

17 FASB #1355 CW/WW (CW) 4/18/05 $2,804.23 

18 FASB #1355 CW/WW (CW) 5/16/05 $2,804.23 

19 FASB #1355 CW/WW (CW) 6/17/05 $2,804.23 

20 FASB #1355 CW/WW (CW) 7/11/05 $2,804.23 

21 FASB #1355 CW/WW (CW) 8/11/05 $2,804.23 

c. This loan was paid off on September 1, 2005 by a wire transfer of 

$417,935.41 from American National Bank account #70047831 in the 

name of Colorado County & Community Title Operating Account.

OBJECTION TO OPINION #53

Ms. Weingart and Mr. Gallegos object to each and every opinion recited or 

implied herein on the grounds stated in their Objection to Opinion One.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 177 of 186
178

Abbreviation Chart

Abbreviation for 

Bank, Account #, 

Account Name, & 

(Account Signors )

Bank Account 

Name

Account # Account 

Signors

ANB # 1142 RET (WJ) American 

National 

Bank 

Real Estate 

Title LLC

#70231142 Waun Weingart

John Gallegos

ANB # 4710 JG (J) American 

National 

Bank

John P. 

Gallegos

#70074710 John Gallegos

ANB # 4723 WW (W) American 

National 

Bank 

Waun 

Weingart

#70074723 Waun Weingart

ANB # 7831 CCCT (WJ) American 

National 

Bank

Colorado 

County & 

Community 

Title Operating 

Account

#70047831 Waun Weingart

John Gallegos

FASB #1355 CW/WW 

(CW)

First 

American 

State 

Bank

Craig 

Weingart

Waun 

Weingart

#411355 Craig Weingart

Waun Weingart

FASB #1625 CCCT 

(WCPJ)

First 

American 

State 

Bank

Colorado 

County & 

Community 

Title 

Money Market 

Account

#111625 Waun Weingart

Craig Weingart 

Patrick 

Gallegos 

John Gallegos 

FASB #1666 CCCT 

(JWCP)

First 

American 

State 

Bank

Colorado 

County & 

Community 

Title 

Operating 

Account

#111666 John Gallegos 

Waun Weingart 

Craig Weingart 

Patrick 

Gallegos 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 178 of 186
179

Abbreviation for 

Bank, Account #, 

Account Name, & 

(Account Signors )

Bank Account 

Name

Account # Account 

Signors

FASB #3407 G4 Holding 

(JWPC)

First 

American 

State 

Bank

G4 Holding 

Company LLC

#113407 John Gallegos 

Waun Weingart 

Patrick 

Gallegos

Craig Weingart 

FASB #7049 CW/WW 

(CW)

First 

American 

State 

Bank

Craig 

Weingart

Waun 

Weingart

#407049 Waun Weingart

Craig Weingart

FASB #7056 JG (J) First 

American 

State 

Bank

John Gallegos #407056 John Gallegos

FASB #8795 PAR (JW) First 

American 

State 

Bank

Paradigm 

Escrow & Title 

Co LLC Title 

Transaction 

Account

#108795 John Gallegos

Waun Weingart

GB #1321 WW/AW (WC) Guaranty 

Bank

Waunita R. 

Weingart

Alois Craig 

Weingart

#55011321 Waunita 

Weingart

Alois Craig 

Weingart

GB #1348 JG (J) Guaranty 

Bank

John P. 

Gallegos

#55011348 John Gallegos

GB #9410 RET (WJ) Guaranty 

Bank

Real Estate 

Title LLC

Escrow/Trust 

Account

#51209410 Waunita 

Weingart

John Gallegos

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 179 of 186
180

Abbreviation for 

Bank, Account #, 

Account Name, & 

(Account Signors )

Bank Account 

Name

Account # Account 

Signors

GB #9795 TCS (WJC) Guaranty 

Bank

Transaction

Coordinator 

Service LLC 

Operating 

Account

#51209795 Waunita 

Weingart

John Gallegos

Alois Craig 

Weingart

The abbreviation “EW” in the Method or Ck # column stands for electronic withdrawal.

II. Defendant John Gallegos’ proposed expert, Robert Kullman

Opinion 1

A. The documents included in Category A of Mr. Kullman’s disclosure [see 

Exhibit B, pp. 3-4] bear signatures that are inconsistent with the signature of 

John Gallegos as they reflect handwriting characteristics inconsistent with 

those of known samples of Mr. Gallegos’ handwriting. 

B. The signatures included in Category A probably were signed by more than 

one person, as the signatures reflect handwriting characteristics that are 

inconsistent with each other.

Objection to Opinion 1

The government’s objections are as follows:

A. Mr. Kullman’s opinions pertaining to the seven documents identified in 

Category A of his disclosure [see Exhibit B, pp. 3-4], are based upon 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 180 of 186
181

insufficient facts and data. Mr. Kullman’s opinions are not the product of 

reliable principles and methods, and Mr. Kullman did not reliably apply the 

principles and methodology to the facts and data obtained.

B. Mr. Kullman’s opinion is not the product of reliable principles and methods 

and Mr. Kullman did not reliably apply the principles and methodology to the 

facts and data obtained.

Opinion 2

The documents identified in Category B of Mr. Kullman’s disclosure [see Exhibit 

B, pp. 4-5] are consistent with impressions of a stamp of John Gallegos’ signature, not 

an actual signature. The signatures are not only similar to each other, they are 

identical. Normal variation in anyone’s handwriting precludes signatures from being 

truly identical. 

Objection to Opinion 2

The government’s objections are as follows:

Mr. Kullman’s opinions pertaining to the eleven documents identified in Category 

B of his disclosure [see Exhibit B, pp. 4-5], are based upon insufficient facts and data. 

Mr. Kullman’s opinions are not the product of reliable principles and methods, and Mr. 

Kullman did not reliably apply the principles and methodology to the facts and data 

obtained.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 181 of 186
182

Opinion 3

The purported signatures of John Gallegos on documents identified in Category 

C [see Exhibit B, p. 5] cannot be identified as those of John Gallegos to a reasonable 

degree of certainty, as they reflect characteristics consistent with his known handwriting, 

but also reflect characteristics that call this conclusion into doubt, suggesting that others 

may have signed Mr. Gallegos’ name.

Objection to Opinion 3

The government’s objections are as follows:

Mr. Kullman’s opinions pertaining to the four documents identified in Category C 

[see Exhibit B, p. 5], are based upon insufficient facts and data. Mr. Kullman’s opinions 

are not the product of reliable principles and methods, and Mr. Kullman did not reliably 

apply the principles and methodology to the facts and data obtained.

Opinion 4

Any forensic examination of the documents in this case is hampered and 

intrinsically limited by the unavailability of original documents, preventing identification 

of the person who signed a particular document to a reasonable degree of certainty,

because numerous aspects of handwriting may not be evaluated, including but not 

limited to:

• Determining with certainty the fluency of the writing, the writing pressure, and 

presence or absence of variation of the writing pressure;

• Determining with certainty the tapering or bluntness of beginning and ending of a 

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 182 of 186
183

stroke;

• Determining with certainty the direction of the writing and the direction of 

individual strokes;

• Determining with certainty the stops or hesitations within the written lines; or

• Determining with certainty whether the signatures/writings are tracings or slowly 

drawn simulations of authentic signatures/writings.

Objection to Opinion 4

The government’s objections are as follows:

Mr. Kullman’s opinions are based upon insufficient facts and data. Mr. Kullman’s 

opinions are not the product of reliable principles and methods, and Mr. Kullman did not 

reliably apply the principles and methodology to the facts and data obtained.

Opinion 5

Laypersons experience significantly higher error rates when attempting to 

authenticate signatures than do forensic document examiners.

Objection to Opinion 5

The government’s objections are as follows:

Mr. Kullman’s opinions are based upon insufficient facts and data. Mr. Kullman’s 

opinions are not the product of reliable principles and methods, and Mr. Kullman did not 

reliably apply the principles and methodology to the facts and data obtained.

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 183 of 186
184

III. Time Requested for Hearing as to Dana Chamberlin

The parties anticipated the admissibility of these opinions can be determined in a 

2 day hearing.

IV. Time Requested for Hearing as to Robert Kullman

The parties anticipated the admissibility of these opinions can be determined in a 

half-day hearing.

V. Position of Defendant, Alois Craig Weingart

Counsel for Defendant, Alois Craig Weingart, has requested of the undersigned 

that they report to the Court and include herein the following statement of position on 

this paper: “Pursuant to Fed. R. Evid. 702 and this Court’s Procedures for Rule 702 

Motions, Defendant Alois Craig Weingart, by his counsel, Paula M. Ray, declines to 

enter objections to the admission of Dana Chamberlin on behalf of the Government and 

Robert D. Kullman on behalf of Defendant Gallegos. Any objections related to other 

Rules of Evidence are reserved.”

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 184 of 186
185

Respectfully submitted this 31st day of August, 2012.

/s/ William L. Taylor 

William L. Taylor, #21098

/s/ Darlene A. Bagley 

Darlene A. Bagley, #35728

Ridley, McGreevy & Winocur P.C.

303 16th Street, Suite 200

Denver, CO 80202

(303) 629-9700

Attorneys for John P. Gallegos

/s/ Linda Kaufman 

Linda Kaufman

/s/ Martha Paluch 

Martha Paluch

Assistant United States Attorneys

United States Attorney’s Office

1225 Seventeenth Street, Suite 700

Denver, Colorado 80202

(303) 454-0100

Attorneys for Government

/s/ Martin Stuart______________ 

Martin Stuart

PortmanStuart, LLC

955 Bannock Street, Ste. 200

Denver, CO 80204

(303) 355-6789

Attorney for Waunita Weingart

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 185 of 186
186

CERTIFICATE OF SERVICE

I hereby certify that on this 31st day of August, 2012, I served a true and correct 

copy of the foregoing Parties’ Joint Motion Under Fed. R. Evid. 702, via CM/ECF 

filing addressed to all counsel/parties subscribed for service of CM/ECF filings in this 

matter.

/s/ Suzy M. Kamps

Suzy M. Kamps

Case No. 1:11-cr-00355-MSK Document 134 filed 08/31/12 USDC Colorado pg 186 of 186