Free Affidavit - District Court of Delaware - Delaware


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Date: September 10, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:06-cv—00371-Gl\/IS Document 13 Filed 07/14/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COLUMBIA HOUSING/PNC INSTITUTIONAL
FUND IV LIMITED PARTNERSHIP,
COLUMBIA HOUSING SLP CORPORATION,
OCWEN 2000—LLC, PNC BANK, and
COLUMBIA HOUSING/PNC FUND IV, INC.,
Plaintiffs,
Civil Action No. 06-371
OCWEN FEDERAL BANK FSB, OCWEN
INVESTMENT CORPORATION, and OCWEN
LOAN SERVICING, LLC
Defendants.
REVISED AFFIDAVIT OF MICHAEL MOSHER IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR LEAVE
TO DEPOSIT FUNDS INTO THE COURT REGISTRY AND DEFENDANTS'
MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12gb[|1[
I, Michael Mosher, under oath do depose and state that:
1. I am over eighteen years of age and am a Senior Manager for Affordable Housing
for Ocwen Loan Servicing LLC ("OLS"), one of the named defendants in the captioned matter.
2. Previously, 1 submitted an affidavit to this Court in which I set forth my
understanding of the amounts PNC had paid to date to Ocwen FSB and/or OLS pursuant to the
PSA and Eighth Amendment. See Affidavit of Michael Mosher in Support of Defendants'
Opposition to P1aintiffs' Motion f`or Leave to Deposit Funds into the Court Registry (Docket No.
8), ll 6.] Subsequently, I learned that the amounts PNC has paid thus far are approximately $21
million rather than the $10 million previously stated.
I Terms used herein have the same meaning as those used in my original affidavit, Docket No.8.
# ssuurrigvi

Case 1 :06-cv-00371-GIVIS Document 13 Filed 07/14/2006 Page 2 of 2
3. Additionally, in my prior affidavit I estimated that the projected total amount
remaining due under the PSA and the Eighth Amendment was approximately $17 million. See
id. Subsequently, I learned that the anticipated tax credit flows set forth in the PSA and its
amendments differ from the actual tax credits available in 2005 and for the remaining life of the
tax credit period for several ofthe individual partnership comprising Ocwen 2000, LLC. Based
upon this infomation, a more accurate projection o1` the amount remaining due under the PSA,
including the Payment due later this month, is approximately $12 million.
4. Similarly, I previously estimated that the next payment, due on or about July
2006, would be approximately $5.1 million. See id. While this figure is not yet final as I am
awaiting further documentation to determine definitively the applicable tax credit award, after
performing calculations based on recently received information it now appears that the next
Payment will be approximately $3.6 million.
Signed under the penalties of perjury this 14m day of July 2006.
,1 l/ V

STATE OF FLORIDA
Then personally appeared Michael Mosher, who, having identified himself to me and
been duly sworn, stated that he has executed this affidavit and acknowledged it to be his free act
and deed on this l-4th day of July 2006. F
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- 2 -

. Case 1 :06-cv-00371-GIVIS Document 13-2 Filed 07/14/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COLUMBIA HOUSING/PNC INSTITUTIONAL 1
N FUND IV LIMITED PARTNERSHIP, 1
COLUMBIA HOUSING SLP CORPORATION,
OCWEN 2000-LLC, PNC BANK, and 1 ‘ . .
COLUMBIA HOUSING/PNC FUND IV, INC., I I
Plaintiffs,
Civil Action No. 06-371
V. I A Z
Q .
OCWEN FEDERAL BANK FSB, OCWEN I
INVESTMENT CORPORATION, and OCWEN 1 I
LOAN SERVICING, LLC 1 A -
Defendants. 1
.........m.-......... ................. ..... - ........... ..... . .............. ......-.... ............ - ............. .M.-., ..... - ........... . ......... l
CERTIFICATE OF SERVICE I
I, Kimberly L. Gattuso, Esquire, hereby certify that on July 14, 2006, I electronically I
filed DEFENDAN T S ’ REVISED AFFIDA VI T OF MICHAEL MOSHER IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTIONFOR LEA VE TO DEPOSIT
‘ FUNDS INTO THE COURTREGISTRYAND DEFENDANTS’ MOTION TO DISMISS E
PURSUANT T O FED. R. CI V P. 12(b)(1) with the Clerk of Court using CM/ECF which will
send notification of such filing. A copy of the document was served on the following counsel in
the manner indicated: · n
I VIA REGULAR MAHJ VIA REGULAR MAHJ
Karen Lee Turner Charles L. Perry _
Michael Busenkell Andrews Kurth LLP
Eckert Seamans Cherin & Mellott 1717 Main Street, Suite 3700 .
300 Delaware Avenue, Suite 1360 Dallas, TX 75201 .
Wilmington, Delaware 19801
538419.1 7/14/06 I

Case 1:06—cv—00371-GI\/IS Document 13-2 Filed 07/14/2006 Page 2 of 2 0
Kimberly L. Gleggso (DE Bar No. 3733)
222 Delaware Avenue, 12th Floor D
Wilmington, DE 19801
(302) 421-6868
(302) 421-5871
[email protected]
July 14, 2006
538419.1 7/14/06 -2- --