Your honor, good afternoon. Um, I filed a motion for clarifying orders and I was hoping that the court could help us out in resolving a singular issue that remains unresolved between the parties even after we've announced a pretty comprehensive settlement agreement before you uh the last time we were before this court. um as part of the settlement uh that's been agreed to by the parties.
Judge, you will recall that this is an apartment that was going to be sold or the dispute actually was ownership pursuant to the divorce decree. The parties through the settlement have agreed to sell that property and to split the proceeds 50/50 between my client and Miss Nera. Um, but in the meantime, until we can get that property listed and sold, it is also agreed by the parties that my client and Miss Naera will pay the the outstanding mortgage 50/50.
And so, when we got to the the terms of preparing a settlement agreement, which has already been papered, just not signed, judge, uh, because of the following detail. My client wants to have electronic access to the PNC mortgage account so that he could see the running balance and any changes to the account. Um, currently that PNC mortgage account is in the name of Mr uh Ernesto.
Now going back historically judge, this particular access electronic access was available to my client up until 2021. In 2021, the u the respondents in this case, Miss Gera andor her uh father um changed access and denied access to my client. And this was about May 3rd, 2021, where my client received an email from which was then BBVA, the the predecessor to PNC, notifying that there was a change and he could no longer have access electronically.
Um as a reflection of why this is important judge uh just yesterday we received a hand delivery uh letter um from Miss Naggera that uh back in uh May the the bank advised Mr Nestoera that there was going to be a change in the interest rate. So it would change this is a a adjusted rate. It was going to modify the monthly payment and and so this is the type of information that obviously if my client is contractually obliged to or obligated to pay should know not two or three months after the fact but contemporaneously if this change is made and that's why electronic taxes should be um provided.
The other reason is because just in the exchange of monthly statements that are handd delivered and checks that are delivered, it becomes cumbersome and if I'm not there, my assistant's not at the office, it just delays the whole process of exchanging monthly statements and checks, which is what the other side proposes. Um, I checked on my own account judge because I have an account at PNC and the only thing that Mr G would be able to do electronically would be to modify just as Mr forget I did the settings so that it would deny access to somebody else. And we're willing to stipulate before the court and even put my client under oath that he's not here to to make any changes to deny them access to modify those settings in any way.
When you have an electronic access to the account, you don't have access to the the owner's primary information, social security number, so on and so forth. So the the risk of of an invasion of privacy is dimminimous. um the uh access is paramount just because my client is obviously responsible for 50% of that note until the property is sold and that's why we're here.
We're hoping that the court can offer us some clarifying orders and so and direct the parties to give my client electronic access such until that uh the time that the condo is sold and the proceeds distributed pursuant to our agreement. May Salano. Thank you, your honor.
Um, in the settlement agreement that we read into the record of the court, we stated that Miss Nyla would send the former husband, Mr Saledo, monthly mortgage statements so that he would pay the 50% of the mortgage directly to the bank. Um, he could easily do this by going online scheduling in bill pay the account number that's on found on the statement and make the monthly payments that way. Mr Saledo is a convicted criminal.
He's been in prison and my client is concerned about him having access to the father's uh bank information, mortgage information, account information. He doesn't need that information. He doesn't need that access rather um especially based on his criminal past.
Um and additionally based on we did not agree to that in the settlement agreement. We only agreed or rather the parties only agreed that Miss Nyla would deliver Mr Saledto a statement with sufficient information to make the payment. She is she and her father are opposed to this request for access to PNC account any more than he already any more than the monthly statement.
He can make the payment in a different way. [snorts] Anything else? It violates my client, Mr Gatas's privacy and and it can be it it does not need to happen and it was not agreed to.
Would the I wouldn't expect so, but I I have to ask would the AG's office like to be heard on anything in this case? Thank your honor. No, I believe the child support case is set in the title in a different courtyard.
All right. So, so let me ask you all some questions and ostensibly Mr Thomas and Mr Lana, you should have and arrive at the same answer to these questions. So, ostensibly, this is the exact information that the court would receive if this were a contested hearing and the court would be presented this in evidence and testimony.
I guess let me ask you, Mr Tames, cuz it's your motion and then I'll ask Miss Salana to confirm uh your your statement. Um, but this should be a matter of fact. Uh, Mr What type of account is this?
The PNC account. It's a mortgage account. It's it's not a personal checking or savings account.
It's a straight up mortgage account. And by the way, Judge, if I can add, that's the only account that Mr Get has at PNC. That was my follow-up question.
So as far as you know or your client knows and understands once the login information is is entered is any other information available to access other than this one type of account to your knowledge? Not to my knowledge your honor same question Miss Alania what type of account is this and is it singular and exclusive or does it involve several? It is a mortgage account as far as I know that's the only account but I have not confirmed with Mr Gha that it is the only account.
Uh that's number one and number two. And then as far as number three um I did receive from Mr Tamez a it seemed that it was like a power of attorney sort of form where Mr Saledto had my client signed would have had access to social security information and other information. That was a big concern, very big concern for my clients.
Uh, which is another reason why we're opposed to this or they're opposed to this. And so for Mr Domest to come in, I know that he's a very good attorney, very forthcoming and honest. However, I have not seen any documentation showing that electronic access would be limited to what he says, which is just to make a payment, which again, he can make that payment in a different manner.
But but but Miss Ger, Mr definitively should know the answer, right? Yes, Miss Miss Gera, I'm not I'm I'm not going to place you under oath because this should be I think everybody should be able to agree to these set of facts and circumstances and situation. Um do do you know uh if if only the mortgage information is available accessing that account?
Yes, I do. Both accounts, both my father's mortgage and banking account are connected. So, this is why we're opposed to it.
If he were to get access to the mortgage account, he would be able to view my dad's um personal banking checking information. Is that uh not your understanding, Mr Thomas? That is not my understanding, Judge.
And and that was not your understanding either, Miss Alen. I was not aware, but it it appears that that is what it is that and I can see that. And then my second question.
My second question and I guess I'll start with Miss Alana this time. Um the names on the account. Who what names are on the account?
As far as I know and the court heard from Mr Thomas that at some point Mr Salvo was on the account. If that's true capital I capital F. I don't know if it is or isn't.
That's true. Um, when was his name removed from the account? I don't know if it was when he was put in jail in prison.
If that's the reason, if that's even true that he was ever on the account, I don't know. No, you know the answer, Mr That Judge. And um I can upload this to caseine.
I have an email that was sent to my client uh on May 3rd, 2021 where he's notified that there was a request that was received to change the alternate address and the BBA contact information. Uh thereafter, he had no longer uh he had no access to I'm sorry, what was the date? May 3rd, 2021.
And I've never seen that email. No, me neither. All right, folks.
So, so let's um do does anybody here know what I mean impossible to say what the job the housing market is going to do but how much time would be reasonable and necessary do you think for this um property to sell a month six months? So there was an offer uh there was a suggested price from Miss Miss uh Miss Martha Wright and she said that she was going to propose it to her investors. So I I thought that maybe at that point it would have been available to be sold.
It would have been So I don't know investors right her investors. However, it hasn't been proposed to her investors because the settlement agreement has not been signed due to this this request. Yeah.
I don't think we don't um so regardless of what Miss Wright told us um we don't have any offers on the table. Um the the the apartment is in in pretty bad shape. Uh, and so Miss one of the concerns Miss Wright had from the very beginning that was there was a lot of junk there.
Um, and it was not in a marketable uh, state. [snorts] So I I really don't know. All right.
So So So let's do this folks and let me let me make a decision based on this information and I'll assume that everybody here has been forthright. If information forthcoming mean that that isn't the case, you know, come back and tell the court that that is wrong. All right.
So in order to effectuate your settlement agreement there there should be full disclosure. The question before the court is how to effectuate that full disclosure and it sounds to the court because Mr Tame said and I'll presume that everything that Mr Tame and Mr Lenny have told the court is true or at least that that's their understanding that Mr Salto had electronic access but at some point there was a change in interest rate which changes his obligation as though as well as Miss Gera's under their 50 50% split for their monthly mortgage added to the fact that if Miss Alenia is correct or I think her her um statement to the court was that only statements are being provided the information missing then is the change in everything else the change in interest rate, the change in monthly payment. So, so let's do this.
The court is going to order that all documents generated by or your for from the or associated with the account be provided to opposing council. Um I think 72 hours, 3 days should be sufficient. And then I'm going to designate kind of like kind of like if this were a request for production where you can go and inspect.
I am going to allow an order uh an inspection an inperson inspection on August 21st which means that just verify that everything is true and correct. In other words, um, verify that it is linked only to one account or whether there's more. That doesn't mean that Mr Saledto can go in and review.
No, somebody will be there to log in the information without giving him um that specific login information but then just do a walk through because the information that should be coming is not only the statements but any documents associated there with for example change in interest rate change in addresses change in payment information all of those and if it's like any other bank there should be an inbox with information and that should allowable and accessible. So I I'm not sure I understand. I know that with like for example IBC or even Wells Fargo, if there are several accounts connected like mortgage, bank account, savings account, then once you have access to one, you have access to all.
So I'm not sure I understand what the inperson inspection is referring to exactly. So I'm allowing Mr Saledto or his lawyer probably to go to your office. you or either one of your clients can log in and just confirm what you're saying and once it's confirmed it's you can move on or it's not confirmed and then you'll come back to court and ask for further relief.
Um Okay. Thank you. And if it's only one account and no others, then that in-person access should probably happen every fourth Friday or the Friday after the statement is generated, whatever the case is.
Um, so I tell you what, since uh it's on August 21st, we'll come back on September the 3rd for an orders or an entry of judgment should you need it or whatever clarifying orders you want. September the 3rd at 2 p. m.
for entry of judgment. Thank you. Anything else on this case, Mr Diss?
No, your honor. Miss Alena, no. Your honor, Mr Saled, do you have any questions?
No, Miss G, do you have any questions? No. To be clear, this does not give Mr Saledo free and clear access to do whatever he wants.
It's an in person, but it's guided and directed by someone designated by Miss Gera. could be her lawyer, that could be herself, that could be a parallegal or whatever just to confirm that everything here is is everything that was said set said in court is is the case is true. So if it's determined that I'm sorry.
So if it's determined that it is true, uh because it is both both accounts are connected, what then would I be able to just continue providing the monthly statements which has all the information he needs to make the payments? See, and and that's where I think and that was I think that was the whole purpose of of our hearing here because as and Mr Alani said exactly what you said. It's not just the statements.
It's anything associated with the account. For example, in this situation, there was a change in interest rate and and thereby a change in his monthly obligation to pay. And that's what they're trying to figure out.
So once they confirm that that is true and correct, everybody can move on. So this letter that and that's the reason that I turned it in uh yesterday because my dad, he doesn't go through his mail. He brought me a a bunch of mail to go through to review and uh we barely opened it uh 2 days ago.
Um and this letter shows that the the in interest and his payments they actually go down. uh and and this will this will be the amount that will be due for the next 12 years. Now, I'm assuming and hoping that this property sells within this next year for purposes of for purposes of stability and clarity.
It would appear to benefit both you, Mr Gera, your father, and Mr Saled though because you can't control the United States Postal Service and apparently you also can't control the quickness that you receive these documents. Rather than rely on all of that, there can be a one month um inspection of if this bank has an inbox with all of that same information, you just go and click and print or download and share that information without having to rely on something that gets stuck in the mail that isn't going to be that you might have an obligation immediately, but it's not going to be received and reviewed by you till a month later. So I think this just provides stability and I I I really genuinely hope that u that property sells as soon as possible so that everyone can can move beyond open open and transparency judge.
I think uh you know let's verify and and that when he's obligated to pay half the note I think that's only fair. Well I think the court has instituted sufficient safeguards to give provide that information without disclosing any possible personal information. Uh Mr Tame, Miss Alana, good to see you both.
Missraa, I wish you and your father and Mr Sasa the well. Thank you.
