FILED: KINGS COUNTY CLERK 01/31/ :42 PM INDEX NO /2017 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/31/2018

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Robert Jackson
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1 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X HAROLD SCHWARTZ, as nominee, ) Plaintiff, -against- WFG NATIONAL TITLE INSURANCE COMPANY; PACL AFFIDAVIT ERRIO; AUGUSTIN TELLA a/k/a AUGUSTIN DANIEL A A' EDWARD,,' TELLA; EDWARD CARDOSO, a/k/a JOAQUIN EDWARD Index No /2017 CARDOSO, a/k/a EDWARD JOAQUIN CARDOSO, a/k/a EDWARD LYONS CARDOSO a/k/a PETER CARDOZO; NMR REALTY ABSTRACT SERVICES, LTD; NMR ADVANTAGE ABSTRACT LTD; X Defendants. STATE OF TEXAS ) COUNTY OF DENTON ) ) ss.: Jesse Cortese, upon being duly sworn, deposes and says: 1. I am employed by defendant WFG National Title Insurance Company ("WFG") as Vice President and National Claims Administrator. I have personal knowledge of the facts stated herein and where so stated, knowledge upon information and belief. My. information and belief is based upon my review of the business records maintained by WFG in the ordinary course of its business. The facts stated herein on personal knowledge are true and correct. I believe the facts stated on information and belief are believed to be true and correct. 2. WFG is an insurance company that underwrites mortgage loan policies and fee policies of title insurance (hereafter, "Mortgage Policies" and "Fee Policies", or collectively, "Policies" "Policies"). By specific written authorization only, WFG authorizes title agents to issue Policies on behalf of WFG and to collect the premiums for those Policies on WFG's behalf. 1 of 6

2 3. By written agreement effective December 16, 2011, WFG authorized Realty" NMR Realty Abstract Services, Ltd. ("NMR Realty"), to issue Policies on its behalf. A copy of the title agency agreement is attached as Exhibit C. WFG never authorized an entity identified by plaintiff as NMR Advantage Abstract, Ltd. (co-defendant), to issue Policies on behalf of WFG. 4. WFG terminated the agency relationship with NMR Realty effective February 7, A copy of the January 7, 2014 termination letter is annexed as Exhibit D. 5. Once WFG terminated the agency relationship, NMR Realty no longer had access to WFG forms to generate title policies and title commitments. Also, NMR Realty had no authority to issue title policies on behalf of WFG. 6. When WFG enters an agency relationship, it does not provide the agent with pre-printed forms for the agent to g nerate title commitments and title policies. Rather, WFG's authorized agents are provided access to WFG's online system which creates title commitments and title policies the agent issues on behalf of WFG. Each time an authorized WFG agent creates a policy using WFG's online system, the policy is assigned a specific and unique number. Once a particular policy number is assigned to a policy, WFG does not re-assign that policy number to any subsequently issued WFG policy. 7. Most WFG title agents do not forward a copy of issued title policies to WFG. Rather, WFG only receives a copy of the issued policy if a title claim is made on such policy. WFG maintains a record of the policies issued by authorized agents. This record includes the identification of the issuing agent, the amount insured by the policies, the address of the real property described in the policy, the policy numbers assigned, and the amount of the premium received. 2 2 of 6

3 8. According to WFG's records, a WFG policy dated April 29, 2013 and assigned policy number , was issued by defendant NMR Realty. A copy of WFG's record documenting the issuance of this policy is annexed as Exhibit J. NMR Realty did not send WFG a copy of this policy is'sued on April 29, At the time of issuance of this policy, NMR Realty was an authorized agent of WFG. 9. NMR Realty's access to WFG's online system was terminated on the date its agency relationship with WFG was terminated; February 7, NMR Realty and its principal Edward Cardoso, without authority, purported to issue a second WFG loan policy bearing policy number effective September 23, S_ee, Exhibit G. This policy purports to insure plaintiff Harold Schwartz, as nominee, of a first mortgagee interest granted by B&H Development Corp. / 11. Defendants NMR 1Èealfÿ and Edward Cardoso were not authorized title agents of WFG when they issued the policy to plaintiff on September 23, WFG did not authorize the issuance of this policy, did not sign this policy and did not receive a premium for this policy. This policy is a forgery, using the policy number of a valid policy issued by NMR Realty prior to its termination as WFG's title agent. 12. NMR Realty and Edward Cardoso perpetrated a fraud on WFG by forging the policy it issued to plaintiff and collecting the premium for the forged policy, knowing full well that neither NMR Realty nor Edward Cardoso had authority to issue the Policy. 3 3 of 6

4 WHEREFORE, it is respectfully requested the Court grant WFG's motion in its entirety, dismiss the complaint as against WFG, and grant WFG such other and further relief the Court deems just and proper. Sworn to before me this JESSE CORTESE jl_ day of January 2018 NWSignature BART DOLLEY Notary ID ar My Commission Expires May 31, ~ of 6

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X X HAROLD SCHWARTZ, as nominee, Plaintiff, -against- CERTIFICATE WFG NATIONAL TITLE INSURANCE COMPANY; OF CONFORMITY PAUL ERRIO; AUGUSTIN TELLA a/k/a AUGUSTIN DANIEL A TELLA; EDWARD CARDOSO, a/k/a Index No /2017 JOAQUIN EDWARD CARDOSO, a/k/a EDWARD JOAQUIN CARDOSO, a/k/a EDWARD LYONS CARDOSO a/k/a PETER CARDOZO; NMR REALTY ABSTRACT SERVICES, LTD; NMR ADVANTAGE ABSTRACT LTD; X Defendants. X STATE OF TEXAS ) )ss.:! COUNTY OF DENTON ),,r., being duly sworn deposes and says: I reside in F le wr m ooøc.), Texas. 1. I am a notary public, qualified in n on County, in the State of Texas, whose commission expires on, 202._O 2..I am fully acquainted with laws of the State of Texas pertaining to the administration and taking of oaths and affirmations. 3. The oath by Jesse Cortese, named in the foregoing instrument, taken before myself on January 1]_, 2018, was taken in the manner prescribed by the laws of the State of Texas, for the administration and taking of oaths and affirmations. 4. The oath conforms with the laws of Texas, and it is in all respects valid ) 5 5 of 6

6 and effective in the State, for the administration and taking of oaths and affirmations. In Witness Whereof, I have signed this certificate on January g,, of 6

before September 1 following the date of notice of tax under RSA 72:1-d, to the

before September 1 following the date of notice of tax under RSA 72:1-d, to the STATE OF NEW HAMPSHIRE CHESHIRE, SS SUPERIOR COURT Case Number: 213-2014-CV-00178 SHIRE FREE CHURCH: MONADNOCK vs CITY OF KEENE MOTION TO DISMISS NOW COMES the City of Keene, by and through its counsel,