Free Affidavit - District Court of Delaware - Delaware

Case 1 :06-cv-00371-GIVIS Document 12 Filed 06/30/2006 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. I
OCWEN 2000-LLC, PNC BANK, and Q Civil Action No. 06-371
COLUMBIA HOUSINCJPNC FUND IV, INC., I
Plaintiffs, AFFIDAVIT OF DAVID HO IN
1 SUPPORT OF DEFENDANTS'
v. MOTION TO DISMISS PURSUANT
I T() FED. R. CIV. P. 12(b)(l)
OCWEN FEDERAL BANK FSB. OCWEN l
INVESTMENT CORPORATION, and OCWEN I
LOAN SERVICING. LLC ¤
Defendants.
I, David Ho, under oath do depose and state that:
I. I am over eighteen years of age and am a Senior Asset Manager for Affordable
Housing for Ocwen Loan Servicing LLC (‘OLS'), one of the named defendants in the captioned
matter.
2. OLS is a Delaware limited liability company and its sole member is Ocwen
Financial Corporation ("Ocwen Financial"). Ocwen Financial is a Florida corporation.
3. Since July 2005 and in conformance with an Assignment and Assumption
Agreement] OLS has acted as the managing member of Ocwen 2000 — LLC ("Ocwen 2000"), a
named plaintiff in this action. Ocwen Federal Savings Bank served as the Managing Member of
Ocwen 2000 prior to the time OLS assumed this role.
I A copy of the Assignment and Assumption Agreement is attached to the Affidavit ot`Michael Mosher tiled in
Support of the Defendants Opposition to Plaintit`fs' Motion for Leave to Deposit Funds into the Court Registry at
Tab 5 (Docket No. 8).
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Case 1 :06—cv—00371-GIVIS Document 12 Filed 06/30/2006 Page 2 of 2
4. During the eleven months from when OLS first assumed its role as the Managing
Member of Ocwen 2000 until the date this lawsuit was filed, neither Columbia Housing/PNC
Fund [V, lnc. ("Fund IV, Inc"). nor any PNC-related entity has asserted that it was the true
Managing Member of Ocwen 2000. ln fact. none of the plaintiffs identified above have taken
any acts to either limit or restrict OLS‘s management control of Ocwen 2000, and they have not
claimed to have done so.
5. Similarly, none of the plaintiffs named above have taken any action or made any
statement that would designate Fund IV, lnc. as the Managing Member of Ocwen 2000.
Likewise. no PNC~entity has asserted management control over Ocwen 2000.
Signed under the penalties of perjury this 30th day of June 2006.
»u.t.·~"zl "l"i“C-
David Ho
STATE OF FLORIDA
Then personally appeared David I-lo. who, having identified himself to me and been duly
swom, stated that he has executed this affidavit and acknowledged it to be his free act and deed
on this 30lh clay of June 2006. . ·--~
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Case 1:06-cv-00371-Gl\/IS Document 12-2 Filed 06/30/2006 Page 1 of 1
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.,
l
Plaintiffs,
Civil Action No. 06-371
V.
OCWEN FEDERAL BANK FSB, OCWEN
INVESTMENT CORPORATION, and OCWEN l
LOAN SERVICIN G, LLC
Defendants.
CERTIFICATE OF SERVICE
I, Domenic E. Pacitti, Esquire, hereby certify that on June 30, 2006, I electronically tiled
AFFIDAVIT OF DAVID HO IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS
PURSUANT TO FED. R. CIVIL 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:
VIA REGULAR MAIL VIA REGULAR MAIL
Karen Lee Tumer 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
/
Domenic E. Pacitti (DE Bar No. 3989)
222 Delaware Avenue, 12th Floor
Wilmington, DE 19801
(302) 421-6864
(302) 421-5881
[email protected]