Deutschecampbell Barbara 05-08-2012 Kalush Depo

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IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO DEUTSCHE BANK NATIONAL TRUST COMPANY, etc. Plaintiff, ) ) ) ) vs. ) ) BRIAN M. MANGELLUZZI, et al) ) Defendants. )
Case No. CV-11-756687 consolidated with Case No. CV-10-737324 Judge Peter J. Corrigan
Rule 30(B)(5) Telephonic Deposition of BARBARA CAMPBELL, designee of DEUTSCHE BANK NATIONAL TRUST COMPANY, a witness taken before ROBERT CORNS, Notary Public within and for the State of Ohio in this cause on TUESDAY, the 8th day of MAY, 2012 at 5230 ST. CLAIR AVENUE, Cleveland, Ohio at 1:10 p.m. Pursuant to
notice sent to counsel, this deposition was audiotape recorded by Legal Electronic Recording, Inc.
- - - - - - - - - - - - - - - LEGAL ELECTRONIC RECORDING, INC. 5230 ST. CLAIR AVENUE Cleveland, Ohio 44103 (216) 881-8000 Fax 881-DEPO (3376)
Job #12E7065
LEGAL ELECTRONIC RECORDING, INC.
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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 HAROLD POLLOCK, ESQ. 5900 HARPER ROAD SUITE 107 Solon, Ohio For the Defendant BRETT BACON, ESQ. (VIA TELEPHONE) FRANTZ WARD 127 PUBLIC SQUARE SUITE 2500 Cleveland, Ohio For the Plaintiff APPEARANCES
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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P-R-O-C-E-E-D-I-N-G-S BY THE COURT REPORTER: the record. Okay. We are on
It is Tuesday, May 8, 2012.
It's 1:09 p.m. Eastern Standard Time. If Barbara could raise her right hand. BY MR. BACON: Mr. Reporter, you're I hear Hal okay. Is
fading in and out.
it possible you're a little further from the mike? BY THE COURT REPORTER: Yeah. Let me
get up a little bit closer. BY MR. BACON: Thank you. BY THE COURT REPORTER: to start over again? BY MR. BACON: Yes, please. Okay. It is Do you want me That would be great.
BY THE COURT REPORTER:
Tuesday, May 8, 2012, at 1:10 p.m. Eastern Standard Time. raise her right hand. Barbara Campbell, of lawful age, a witness herein having been first duly sworn as hereinafter certified, deposes and says as follows: RULE 30(B)(5) DEPOSITION OF BARBARA CAMPBELL, If Barbara could
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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DESIGNEE OF DEUTSCHE BANK NATIONAL TRUST COMPANY BY MR. POLLOCK: Q Let the record reflect that this is the deposition
of Deutsche Bank, which is the Plaintiff in a case captioned Deutsche Bank National Trust Company, as Trustee for the GSR Mortgage Loan Trust 2006-OA1, versus Brian M. Mangelluzzi, et al. This is Court of Common Pleas, Cuyahoga County, Case Number CV-11-756687, which is consolidated with an earlier case filed in 2010 by OneWest Bank, as Case Number CV-10-737324. This is a deposition pursuant to Civil Rule 30(b)(5), and the witness, as I understand it, Barbara Campbell, has been designated as the representative of Deutsche Bank to give testimony in this case today. that correct? A Q A Q That's correct. And is it Ms. or Mrs. Campbell? Mrs. All right. Mrs. Campbell, have you ever given a Is
deposition before? A Q A Q Yes, I have. On how many occasions? Roughly over 20. And have all those depositions been given as an
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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employee of Deutsche Bank? A Q A Q Bank? A Q I've been employed from Deutsche Bank since 1995. All right. Just some preliminary information. My Yes, they have. Over what time span, approximately? Over approximately the last year and a half. How long have you been an employee of Deutsche
name is Hal Pollock and I represent the Defendant Brian Mangelluzzi. Obviously, you're being represented --
and when I say, you, I'm referring to Deutsche Bank -by Mr. Bacon today, who is with you there. And you're
in Pittsburgh today, as I understand it, correct? A Q Correct. All right. I'm going to be asking you a series of
questions about this case and I'm going to assume if you answer my questions that you understood them and that your answers are truthful and accurate. If for
any reason you don't understand any question that I state or if you can't hear me and you need me to restate a question, let me know. restate or rephrase the question. If you need a break for any reason, you can let me know that also. I'll be happy to accommodate you. I I'll be happy to
anticipate we're going to be a good while this
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6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 afternoon and perhaps may not even finish today, depending upon how long this may go. But I anticipate
we may be at least several hours, because this is a rather complicated matter. So with that, let me begin with these questions. Before I do ask you that, though, I want to ask you, were you involved in the assembly of any documents to produce in this case to my client? A Q With the assistance of counsel, yes. So you have seen the document that's identified as
the Amended Notice to Take the Deposition and the Request for Documents that's contained therein? A Q Yes. And have you seen the ancillary specific request
for production of documents? A Q Yes. So the various documents that have been produced
by you then, they were produced and assembled by you? A Q Bank? A Yes, with the assistance of counsel. All right. What exactly is your role at Deutsche
Let's start with your job title. I'm a vice president at Deutsche Bank and my role
is as vice president is manager of mortgage backed securities administrators, where I oversee the administrators and the implementation of our various
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7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 duties as trustee and/or paying agent for various securitizations. Q I know you said you've been with Deutsche Bank
since 1995? A Q Correct. And can you give me -- let's go back a couple of Tell me about your educational background.
steps.
You're a high school graduate, I assume, right? A Yes. I have a B.A. degree from Pennsylvania State
University. Q A Q A Q A Q I'm sorry. Penn State. Oh, Penn State. I am. What part of Pennsylvania? Just outside of Pittsburgh. All right. And what year did you graduate from Are you a native of Pennsylvania? You said Wayne State?
Penn State? A Q 1980. Did you go immediately into the banking industry
after graduating from Penn State? A I originally started my career in personal trusts
at a company called Trust Services of America. Q A Where was that company? They were located in Southern California, in Los
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8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Angeles. Q A Q And what did you do for that company? I was an administrator for personal trusts. So were you involved in establishing personal
trusts? A The management of it, not necessarily establishing
it, but just managing them. Q A Q A Q A So you were acting as a trustee? Correct. How long did you do that? Approximately 11 years. And where did you go after that? I went to Bank of America in the mortgage backed I started there in 1992. In 1995
securities division.
we were bought out by Bankers Trust, and in 1995 we were bought out by Deutsche Bank. Q So you remained essentially in the same position,
just a different ownership? A When I started at Bank of America, I was a trust In 1999, I believe it was, I was And in 2005 I
administrator.
promoted to assistant vice president.
was promoted to vice president at Deutsche Bank. Q All right. What documents pertaining to this
particular case have you seen in terms of the loan file? First of all, have you seen the loan file, the
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9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 entire loan file? A Q I have not seen the entire loan file. Well, does Deutsche Bank maintain a loan file
pertaining to this loan? A We are custodian for this transaction, yes.
However, it was released to the servicer in January of 2010, I believe -- or 2011. Q A Q A Q A What was released to the servicer in January 2011? The custodial loan file. The entire file? Correct. Why did that come about? It was requested by the servicer for a foreclosure
matter. Q Do you have a document of some type that tracks
that, that would indicate that the custodial loan file was released to the servicer at that time? A We have our custodial books and records that I
reviewed for this deposition. Q A What do those records consist of? Our books and records? It's a proprietary system
that tracks the -- that shows the custodial file and tracks where the custodial file is, if it's been released, and what has been received. Q Well, what I'm trying to understand, you say it's
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10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a file that tracks where these things are and what's been received. Are you talking about a digital file, a
computer file, or are you talking about a hard copy file? A It's a system that we use to track what we receive
in as custodians. Q A Q Is it a software system? Correct. So in other words, if you want to access this
system to see what you've received in and where these items may be, you go onto a computer to do that. access a folder on line, correct? A Q Yes. And that information is not on paper unless You
someone prints it out, correct? A Q Correct. So you're saying at least since January 2011 you
haven't had any kind of a hard copy file; is that right? A The custodial file was released in January 2011,
correct. Q I'm getting confused. Are you saying in January
2011 you released a hard copy file to the servicer, to OneWest? A Yes.
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11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q So up until that time you had a hard copy file? Yes. Okay. And when you released that file, you didn't
make a copy of the file to retain for your own records? A Q A Q A Q A We do not. You didn't copy anything that was in there? We did not. Did that custodial file contain the original note? Yes. How do you know that? Because we're required to receive the original And it was
note on the closing for the transaction.
never listed as an exception, as required under the documents. Q Well, when you talk about a closing, are you
talking about the original acquisition of this loan by the trust in November of 2006? A No. I'm talking about the closing of the GSR
Mortgage Loan Trust 2006-OA1, of which this loan was deposited. Q A Q When did that closing take place? I believe it was August 26, 2006. I just need to look at a document here. You have
produced recently certain documents in this case, including documents that have been marked by me as
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12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A Q These are documents you produced, right? Yes. These are documents that you've personally Exhibits S and T. A Q I'm sorry. S and T. Could you pull those out, please. What exhibits were they again? I'm talking about the Initial
Certification of the Custodian dated August 24, 2006, and a Document Certification and Exception Report dated November 1, 2006. BY MR. BACON: It would probably be
easier, Hal, if you gave us the Bates stamps. BY MR. POLLOCK: 370. BY MR. BACON: BY THE WITNESS: BY MR. BACON: Thank you. Okay. We've got those in front Okay. Yeah. It's 368 and
of her, Hal, by Bates stamp, okay? BY MR. POLLOCK: That's fine. They are 368 is
marked my Exhibits S and T. marked S and 370 is marked T.
reviewed? A Q Yes. And you're familiar with, correct?
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13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Correct. All right. Now, for the benefit of the people
that are going to be hearing this testimony -- and by the way, you're aware this case is coming up for trial at the end of June; is that right? A Q Yes. Are you intending to come into Cleveland to
testify? A Q If I'm required to, yes. Do you have any problem doing that as you sit Would you anticipate a problem doing
there today?
that, coming in to testify live? A Q No. I do not have a problem. These documents -- first of all, what What is 368?
All right.
is the first one? A
368 is the Initial Certification of Custodian,
dated August 24, 2006. Q A Q A You're familiar with this type of document? Yes, I am. For what purpose is it prepared? It's a document required under the master
servicing and trust agreement, which indicates that we -- that custodian is certifying receipt of all the required documents under the master servicing and trust agreement.
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14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. But for the benefit of the people that
won't understand this type of transaction, the benefit of the jury in case they hear this testimony, can you explain just conceptually what's going on in terms of these documents, what's happening? A The depositor has deposited various loans and/or In this case it's the GSR 2006-OA1
securitization. transaction. Q A Q
Who's the depositor? It's GS Mortgage Securities Corp. All right. Now, by the way, I have to step aside The next document
for just a moment to something else.
that's in front of -- that's in the exhibits is Exhibit V. And that is an opinion letter that has recently
been issued by a purported expert for the benefit of your bank -- specifically your bank. It's on the
letterhead of Treliant Risk Advisors, an expert report. You're familiar with that, right? A Q No, I'm not. Are you aware that an expert report has been
procured for your benefit in this case, the bank's benefit? A Q No. I am not. Because in this document the expert
All right.
makes reference to the fact that he has reviewed
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15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Okay. Well, let's go for a second to the note The note itself is dated various documents, and he refers to the trust document and then he refers to -- well, he refers to GS Mortgage Securities Corp. As I understand it, there have been Is that correct?
multiple assignments of this note. A
I have seen two assignments in prepping for this
deposition. Q What assignments are you referring to? Let me withdraw that question and come back for a second to your -- to the previous exhibit. 368. I'm back to
You identified the depositor, GS Mortgage How did GS Mortgage Securities Corp
Securities Corp.
get any interest in this loan? BY MR. BACON: answer. BY THE WITNESS: GS Mortgage Securities Objection. You may
Corp acquired -- purchased the loan from the seller, who I believe was Goldman Sachs Mortgage.
itself, which is Exhibit A. May 25 of 2006, correct? A Q Yes.
That's my understanding. And the note is payable to IndyMac
All right.
Bank FSB, correct?
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16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q I'm trying to understand the chain of title to A Q A Q Right. So IndyMac Bank was the original payee, right? To my knowledge, yes. IndyMac Bank was the original lender; is that
correct? A Q To my knowledge, yes. Now if I'm understanding you correctly, you're
telling me that subsequent to that Goldman Sachs acquired an interest in the loan, then GS Mortgage Securities Corp acquired the loan and then Deutsche acquired the loan. A Is that what you're telling me?
The loan was deposited into the trust of which we
are trustee, yes. Q Well, what I'm trying to do is I'm trying to
establish the chain of title to the loan or to the note specifically, okay. Would you agree with me that the
note in some fashion went, based on the documentation that we're looking at, from IndyMac to Goldman Sachs to GS Mortgage Securities Corp and then onto Deutsche? BY MR. BACON: answer. BY THE WITNESS: I'm sorry. Can you Objection. You may
repeat that again?
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17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q That's the way it works under the -- you're endorsements. And the reason I ask you this, you
understand that for Deutsche Bank to acquire an interest in this note you would have had to have it either be payable to you initially or endorsed to you in some manner by the last endorsee. that? BY MR. BACON: answer. BY THE WITNESS: yes. Yes. To my knowledge, Objection. You may Do you understand
familiar with the Uniform Commercial Code, right? A I know what it is. I'm not familiar in detail
with it, no. Q A Q
I'm not a lawyer.
What do you understand it to be? Yes. What do you understand the Uniform Commercial Code
to be? A It's a mechanism of transferring title to various
properties. Q Well, it's a model code essentially that's been
adopted by various states to govern the transfer of notes and other commercial paper, right? A To my knowledge, yes.
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18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Well, let's first start with your 001. Your 001 Q Okay. All right. So tell me how the note gets
from -- the original note gets from IndyMac, as the original payee, to Goldman Sachs. happen? A There was an assignment assumption agreement as The How does that
well as a mortgage loan purchase agreement.
mortgage loan purchase agreement is where Goldman Sachs Mortgage Company purchased the loan including this loan. Q Is this one of the documents that you've recently
produced? A Q I believe it is, yes. And would that be Exhibit O? BY MR. BACON: We don't have it by If you could use
exhibit number, again.
the Bates stamp, please, Hal.
is a Master Servicing and Trust Agreement, right? A Q Correct. It's a thick document consisting of probably 150
pages or more, right? A The 001 is the standard terms to master servicing
and trust agreement. Q All right. Is that what people refer to as a
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19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q All right. That's your Exhibit 001. That's your pooling and servicing agreement? A No. A pooling and servicing agreement is a
different agreement. Q A Okay. Of which there was not one, to my understanding,
for this transaction. Q A There is not one? There is not a pooling and servicing agreement,
correct. Q Isn't a pooling and servicing agreement standard?
Isn't that standard procedure to have such a document? BY MR. BACON: You may answer. BY THE WITNESS: On certain transactions Objection to the form.
there is a pooling and servicing agreement. However, in this transaction
the governing document is a master servicing and trust agreement which outlines the duties and responsibilities of the various parties.
Bates stamp 001, right? A Q Correct. And that is between who?
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20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A Q Is that correct? I don't believe they're the owner of the -Well, they're the entity depositing the assets A It is between GS Mortgage Securities Corp, as
depositor. Q A Okay. And -- well, that's the standard terms. And then
the actual master servicing and trust agreement is among GS Mortgage Securities Corp, as depositor; Wells Fargo Bank, NA, as securities administrator and master servicer; and Deutsche Bank National Trust Company, as trustee and custodian. Q Well, that's the second document that's your Bates
stamp 0042? A Q Correct. Okay. So the first document is showing -- you
said GS Mortgage Securities Corp is the depositor, right? A Q Correct. And if I understand your earlier testimony, they
would have been the third owner of the note, right? BY MR. BACON: answer. Objection. You may
into trust ostensibly, right?
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21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Okay. All right. So let me go back to my A Q loan? A Q A Q Through the assignment assumption agreement. And which document is that? That is Bates stamped DB-183. All right. Then that's a document between Goldman Yes. So how did they get ownership of this asset, this
Sachs and GS Mortgage Securities Corp, right? A Q And IndyMac Bank. And IndyMac Bank. Do you understand the
difference between endorsements under Article 3 of the UCC and transfers under Article 9? the difference? A From a layman's point of view. But as I said, I'm Do you understand
not thoroughly familiar with UCC. Q So you're not aware of the fact that notes can't
be assigned under an Article 9 assignment of this type? It has to be endorsed under Article 3. aware of that? BY MR. BACON: answer. BY THE WITNESS: of view, I am. From a business point Objection. You may You're not
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22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 previous question. How does ownership of this loan get
from IndyMac Bank, as the originating lender, to Goldman Sachs? Where is the documentation that shows
the endorsement of the note from IndyMac Bank to Goldman Sachs Mortgage Company? A Q A They were transferred via -Pardon me? -- the Master Mortgage Loan Purchase Agreement as
well as the Assignment Assumption and Recognition Agreement through the Master Servicing and Trust Agreement. Q No. But you understand that notes get transferred
by endorsement, either on the note or by an allonge, correct? A Q Correct. So where is the endorsement by IndyMac Bank or an
allonge executed by IndyMac Bank in favor of Goldman Sachs? A Q That would be prior to the securitization. I understand that. But don't you understand that
if you're going to claim ownership of this loan that you have an obligation to prove up every transfer? you understand that? BY MR. BACON: Objection. You're not Just Do
here to lecture her on the law.
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23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Is that what you're saying? BY MR. BACON: BY THE WITNESS: Objection. I'm saying that we BY MR. POLLOCK: Q A Do you understand that, ma'am? I understand that. But I also understand that we ask your question.
are not responsible and we had no involvement in the promissory note or mortgage prior to the securitization. Q Well, when the securitization was being set up,
wouldn't your bank be looking to make sure that there's a proper chain of title to the note and that the endorsement you're getting is from the last endorsee in the chain? A We rely on the reps and warranties of the
depositor. Q So you're saying you essentially blindly accept
reps and warranties, even if you don't have -- even if you lack documentation, you know, that proves ownership? BY MR. BACON: You may answer. Objection to the form.
relied on the reps and warranties of the
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24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A Right? That is not our responsibility to review prior to BY MR. POLLOCK: Q All right. So you went into this transaction -documentation that they have clean title.
when I say, you, I'm referring to Deutsche Bank -- went into this transaction with the believe that GS Mortgage Securities Corp owned this loan; is that right? A Q Based on their reps and warranties, correct. And you did nothing to analyze the back chain of
title to determine whether that was true, correct? BY MR. BACON: answer. Objection. You may
our becoming appointed trustee. Q Prior to today's date, has Deutsche Bank ever
attempted to investigate whether Goldman Sachs had title to the note? A Q A Q I don't know. Has the issue ever come up before? Not to my knowledge. All right. But if I understand this correctly
then, Deutsche Bank has no document in its possession whatsoever that will establish that title to the note
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25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q All right. And you have no documentation, other BY MR. POLLOCK: Q A You may answer. I did. It's based on the reps and warranties of BY MR. POLLOCK: Q Correct? BY MR. BACON: Objection. and/or ownership of the loan passed from IndyMac Bank to Goldman Sachs? BY MR. BACON: Objection.
the document. Q No. But you don't have any documentation that
will establish that title was transferred to Goldman Sachs, right? BY MR. BACON: answered that. Objection. She just
Asked and answered.
than these documents you're referring to, which are essentially purchase agreements or assignments, you have no documentation that will establish the passage of title to the loan from Goldman Sachs to GS Mortgage Securities Corp; is that right? A We have our governing document, which provides us
with our reps and warranties that we rely on. Q Okay. Now, this custodial file that you mentioned
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26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that you had a hard copy of originally and were able to access online, apparently, or portions of it online, does that have any -- did that have any documentation in it at all related to this back chain issue that I'm talking about? A Q Can you clarify that, please? I'm asking you whether -- let's start with the
hard copy file that you released to OneWest in January of 2011. A I think you said it was January 11, right?
If I may just look at my notes real quick to give It was on January 6, 2011.
you the exact date. Q Okay.
Did that file, that hard copy file, have
any documentation in it pertaining to these things I'm asking about, to your knowledge? A To my knowledge it would show when we received the
note in, when we received the mortgage in and any other documentation that we're required to receive per the governing document. Q Now, let's go back to your Exhibit 368, this This is
Initial Certification of the Custodian.
executed by someone who works for Deutsche Bank, or did at the time, Ronaldo Keys -- Ronaldo Reyes, that is, RE-Y-E-S. A Q Is that right? Ronaldo Reyes executed it.
That's correct. All right.
It's got a stamp on it under his --
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27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under his signature, right? A Q A Q Correct. Do you know that to be his signature? I'm sorry. Yes. Did you ask a question?
Do you know that to be the signature of this
individual? A Q Yes, I do. He signs like Z like Zorro, basically, how he With one scribbled letter?
signs? A Q A Q A Q A
I know that to be his signature, yes. Is he still an employee of the bank? Yes, he is. Does he work at the same location as you? Yes, he does. And where is that? 1761 East Saint Andrew Place, Santa Ana,
California. Q Okay. And this Initial Certification of the
Custodian dated August 24, 2006, it's certifying that you're in receipt of various documents, correct? A Q Correct. All right. And one of the documents is referenced It refers to
on the first page under subparagraph A.
the original mortgage note; is that correct? A Correct.
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28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Is it common to acquire loans in this fashion in a Q Did your bank receive possession of the original
mortgage note contemporaneous with the execution of this document? A Q A Yes. How do you know that? Review of our books and records show we received
it, as well as the fact that we did the certification on it and it was not listed as an exception. If we did
not receive it, we would have marked it as an exception and it would have been on the accompanying report to the initial certification. Q Is it commonplace to acquire loans and securitized
trusts of this type and not receive the original note? BY MR. BACON: answer. BY THE WITNESS: I'm sorry. Could you Objection. You may
repeat that again?
securitized trust and not receive the original note? A There are occasions where we receive the original
note after the closing date, correct. Q Well, are you prohibited from acquiring loans like
this into a trust without having an original note? A Acquiring or have possession? I mean once they
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29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are deposited into the trust -Q You're buying these loans for the benefit of
investors, are you not, in a securitized trust? A Deutsche Bank is not buying the loan. They are
being deposited by the depositor and/or seller. Q Well, let me understand exactly the way this In a securitized trust situation, these are
works.
typically set up for the benefit of investors, aren't they? A Q Correct. The loans get aggregated in a pool, basically, and
then investors invest in them as a pool, right? A Q Correct. And in order to protect the investors, normally it
would seem to me you have to have the original documentation, wouldn't you? A Q Correct. Because if you have to go to file suit against
someone, they may say let me see the original note, right? A Q Correct. Okay. Now, you're saying here -- you're
certifying that you got this original note, right? A Q Correct. Okay. And it says -- let me find the language
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30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 here. It says the original note endorsed as provided
in the following form, Pay to the Order of Blank Without Recourse. Now, why would the -- why would the
note -- if the note was being acquired by this trust, why would it be endorsed in blank as opposed to Deutsche as the trustee? A It is acceptable pursuant to the Master Servicing
and Trust Agreement to have it payable to Blank. Q A Q A Q A Q Why? That I can't answer. Are you familiar with that practice? Yes. It is a common practice.
Do you know why it's done? I do not. All right. Do I understand, contemporaneous with
this, the execution of this document, that Deutsche began working with a particular servicer with respect to this loan? A Q A Q A There was a servicer for this loan, correct. And who was the servicer initially? I believe it was IndyMac Bank. And did IndyMac remain the servicer? To my knowledge they remained the servicer until
OneWest took over. Q Do you know when that was? Do you know when that
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31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 occurred? A Q I don't recall. Do you recall a point in time that IndyMac
essentially failed and went out of business? A It was at that point that OneWest took over. I
don't recall the date when IndyMac went into receivership. Q If I were to say it was March of 2009, does that
sound correct to you? A Q Yes, it does. Okay. It sounds possible, yes.
So what happened with the assets of IndyMac
at the point that the bank failed? A Q I can't answer that. Well, aren't you aware that the FDIC was appointed
as the receiver? A Q They were. Okay. Let me just understand this correctly then.
So you're saying that as of the time this securitized trust closing took place, on or about August 24, 2006, Deutsche became the owner of this loan. you're saying? A Q A Q Yes. As trustee, right? Yes. And if I understand you correctly, you obtained Is that what
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32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not only the original note, but I assume also the original mortgage. A Q That's correct. And these documents went into your custodial file; Is that right?
is that right? A Q Correct. Okay. And in what fashion or manner was ownership
of the note endorsed to Deutsche at that time? A Q The note was endorsed to Blank at that time. Well, what I'm trying to understand is was it
endorsed in Blank at that time or had it already been endorsed in Blank, at a previous time? A It was endorsed to Blank by IndyMac Bank. And
it's the general practice that those are endorsed to Blank at the closing of the securitization. Q All right. Are you familiar with the Complaint
that has been filed on behalf of your bank, the foreclosure complaint against Mr. Mangelluzzi? A Q A Q Yes, I am. Have you reviewed it prior to today? Yes, I have. Would you look at that with me for a minute. It's
Exhibit H. BY MR. BACON: one. I've got to find that We don't have it.
Just a minute.
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33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Adam. BY MR. BACON: it? BY MR. POLLOCK: I sent him all the Well, when did you send Well, I sent it to
exhibits a week or two ago. BY MR. BACON: Well, you didn't send
them all a week or two ago, because they've been coming in this morning. BY MR. POLLOCK: this first set. BY MR. BACON: on. Okay. Well, then hold No. I'm talking about
We'll find it. Okay. Is it also Bates stamped? No. OneWest 409 -No, it is not. -- file stamped June 2nd?
BY MR. POLLOCK: BY MR. BACON: BY MR. POLLOCK: BY MR. BACON: BY MR. POLLOCK: BY MR. BACON: Yeah. BY MR. POLLOCK: BY MR. BACON:
Yeah. The problem is we don't We got
have them with your exhibits. them with stamps. BY MR. POLLOCK: Okay.
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34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A Do you see that? Yes. BY MR. BACON: So I'm looking at the
Complaint for Foreclosure. BY MR. POLLOCK: BY MR. BACON: Okay. Filed June 2 of 2011, And
Bates stamped OneWest Bank 409.
Hal, it's got -- and this is with the attachment. 409 to 444. BY MR. POLLOCK: Well, I'd like you to So it goes from Bates stamp
look at the endorsement that appears on that. And let me just count the pages
so we're looking at the same -- the same thing here. BY MR. BACON: BY MR. POLLOCK: Okay. I believe it's -- I It
believe it's page 13 of the exhibit.
says, Pay to the Order Without Recourse, IndyMac Bank, FSB, Wilson McElveen, Vice President. BY MR. BACON: Okay. We have it. It's
our Bates stamp OneWest 418. BY MR. POLLOCK: All right.
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35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. Is that the endorsement that you're
saying was placed upon the note at the time of the transaction with Deutsche Bank in August of 2006? A Since I did not place that endorsement on it, I But
can't say specifically exactly when it was placed.
general practice is those are placed on the note at the time of the transaction closes, yes. Q Okay. Well, we talked about the fact that this
loan was apparently initially sold to Goldman Sachs and then from Goldman Sachs to GS Mortgage Securities and then to Deutsche Bank. So do I understand these first
two transactions involving Goldman Sachs and GS Mortgage Securities Corp then occurred between the date of execution of the note in May of 2006 and August 24th of 2006? A Q I'm sorry. Could you repeat that?
As I understand it, before Deutsche -- before this
asset was deposited into the trust that you administer, it had already been sold and/or transferred twice, correct? First to Goldman Sachs and then to GS
Mortgage Securities, which is your depositor, right? A Q A Those would all happen simultaneously. What do you mean they all happened simultaneously? They're the respective documents that I previously
referenced.
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36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Okay. To your business knowledge, were these Q Why would all these transfers or transactions
occur simultaneously? A That is the normal process in the securitization
when various loans are being sold to different entities. Q Well, does title to the loans actually first pass
into Goldman Sachs and then from Goldman Sachs to GS Mortgage Securities Corp and then from GS Mortgage Securities Corp to the trustee? BY MR. BACON: answer. BY THE WITNESS: To my business Objection. You may
knowledge, everything happens simultaneously.
transactions oftentimes sloppily handled so that there wasn't proper documentation establishing the passage of title from A to B and B to C and C to D? A Q I do not know. Well, in this particular case we don't have
documentation transferred from A to B, right? BY MR. BACON: answer. BY THE WITNESS: Again, it happened Objection. You may
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37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Is there a roadmap document somewhere that simultaneously through the various governing documents and --
explains exactly how all this was to occur simultaneously? A I'm sorry. As I was trying to finish, it's also
through the endorsement payable to Blank. Q A Q I didn't hear that last part. Through the endorsement payable to Blank. What did that do? Are you saying that that
facilitates the multiple transfers by having an endorsement payable to Blank? A Q That finalizes everything, yes. Well, I mean as I look at this, I don't know who
the owner is, if it's intended that it be enforceable by Goldman Sachs, GS Mortgage Securities or Deutsche Bank as trustee. A How would anyone know?
Through the various governing documents, the
Master Servicing Trust Agreement, Assignment Assumption and Recognition Agreement, and the Amended and Restated Servicing Agreement, it passes title to the trustee. It goes to the trustee. Q is. That's what your understanding or interpretation Is that what you're telling me?
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38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Yes. Okay. And then attached to -- on the next page of
this foreclosure complaint, there's a document called an allonge to the note. A Q A I do. And what is that document? To my business knowledge, an allonge passes title Do you see that?
and ownership. Q A Q it? it? A Q not? A Q A Q I'm sorry. The mortgage was what to MERS? No. It does not. Passes title to the note? Yes. It doesn't say anything about the mortgage, does It doesn't say anything about the mortgage, does
The mortgage was separately titled to MERS; was it
Separately titled to MERS; was it not? My understanding, this was a MERS loan. It's called a MOM Mortgage, basically? You're
familiar with that term? A Q I'm familiar with it, yes. Okay. And the allonge says the note is payable to So now we have -- now we
the order of OneWest Bank.
have a fifth payee or endorsee, essentially -- well,
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39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: fourth. We had Goldman Sachs. We had GS Mortgage. We
have your company as trustee. Bank. A
And then we have OneWest Can you tell me?
Who the heck owns this note?
Deutsche Bank National Trust Company, as trustee,
is the owner of the note. Q And you're saying Deutsche Bank Mortgage Company
as trustee has been the owner of the note at all times since August 24th of 2006; is that right? A Q Correct. So how does OneWest Bank wind up filing two
lawsuits against Brian Mangelluzzi on the note when Deutsche Bank as trustee is the owner? A Q A I cannot speak for OneWest Bank. That's a no-no, isn't it? As the owner of the note, my understanding is
foreclosure has to be in the name of the owner of the note, which is Deutsche Bank National Trust Company as trustee. Q bus? BY MR. BACON: Is that a question or are So what are you doing, throwing OneWest under the
you playing judge again? BY MR. POLLOCK: that question. Well, I'll withdraw
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40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Do you know that this woman has never worked for Q So let me understand this. This document here
says that it's being -- the note's being transferred to OneWest Bank, and this is signed by a woman by the name of Erica A. Johnson-Seck, attorney in fact, on behalf of the Federal Deposit Insurance Corporation as receiver for IndyMac Bank, FSB; is that right? A Q A Q A Q A Q A Q That's what the allonge says, yes. Do you know who Erica Johnson-Seck is? I do not. You've never met her? I have not. Never talked to her? I have not. Have you ever read her deposition? I have not. Are you aware that she is a notorious nationally,
if not internationally notorious robo-signer who works for OneWest Bank and previously worked for IndyMac? BY MR. BACON: strike. Objection. Move to
She's already told you she's
never heard of her, talked to her, seen her.
the Federal Deposit Insurance Corporation?
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41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A Q Are you aware that OneWest is Mr. Bacon's client? I am not aware. Are you aware that your bank has potential claims BY MR. POLLOCK: Q A Q Do you know that? I don't know her so I cannot answer that. As you look at this allonge here today, what do BY MR. BACON: Objection.
you make of this? A Q I have no opinion on it. Well, does it make any sense to you that such a
document would have been prepared and executed? A I have seen allonges executed in the normal course
of business, yes. Q Have you seen them executed by servicers to
position themselves to file foreclosures on people where they aren't owners or holders of the note and mortgage? BY MR. BACON: answer. BY THE WITNESS: I can't answer that. Objection. You may
against OneWest? BY MR. BACON: answer. Objection. You may
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42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Have you seen letters that have been issued by BY MR. POLLOCK: Q Ma'am, have you seen the letters that have been BY MR. POLLOCK: Q Are you aware of that? BY MR. BACON: Are you advising her
legally now, Mr. Pollock? BY MR. POLLOCK: I'm just asking if
she's aware of it. BY MR. BACON: You're on very thin ice.
directed by Deutsche Bank to OneWest and other servicers that say you're not to file stuff in our name unless you tell people that you're doing this in a representative capacity and your lawyers identify themselves the same way? Have you seen that? Objection. I'm sorry. I didn't
BY MR. BACON: BY THE WITNESS:
catch the first part.
Have I seen what?
your bank to servicers that say you're not permitted to file foreclosures in our name without indicating you're doing it in a representative capacity and your lawyers have to do the same thing? letters? A I'm aware that we have sent various memorandums to Have you seen those
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43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 servicers to insure that they are complying with the respective governing documents of which we are trustee on. Q Well, you've actually gone beyond that. Would you
look at Exhibit Y with me for a minute. BY MR. BACON: Is that one that you sent
a week ago or this morning? BY MR. POLLOCK: I've previously
attached it to pleadings and I sent it again today. BY MR. BACON: Well, you know, you
really aren't very direct and truthful sometimes, Mr. Pollock. BY MR. POLLOCK: BY MR. BACON: I don't agree. Well, I fully agree,
because you just bombarded us this morning with exhibits. BY MR. POLLOCK: They're things you've
seen many times before and have had probably for a year. BY MR. BACON: sir. That's not true at all,
And, number one, you've got to put You didn't
them as topics on a 30(b). do that.
So if you would give us a
little more up-front information, we'd
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44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q On the second page there's a section marked It says, Proper Description of the BY MR. POLLOCK: Q Would you look at that document, ma'am. BY MR. BACON: One more time, we're What's the be better prepared to respond to you. BY MR. POLLOCK: I think you're very
well prepared to respond to me.
going through the pile here. exhibit? BY MR. POLLOCK: BY MR. BACON: Exhibit Y. Okay. Got it.
Section 2.
Servicer, the Trustee and Their Roles in Proceedings. A Q A Q Okay. Have you ever seen this document before? I have. Did you see it in the normal course of your job
responsibilities at Deutsche Bank? A Q I have. And this document was one of many documents issued
by your bank to servicers because of perceived abuses in the handling of mortgage loans by servicers, right? BY MR. BACON: BY THE WITNESS: Objection to the form. I've seen them in the
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45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q All right. Now, I want to read this section So course of our business to insure that the servicers were complying with the governing documents.
because I want to ask you some questions about it. let me read the content into the record and you can tell me if I read it accurately:
Servicers act for the
benefit of the trusts and in the name of the trustee but are not themselves the trustee. Servicing
professionals and their agents engaged by servicers have adopted widely varying approaches to identifying the source of their authority. represent, quote, the servicer. Some say they Others say they
represent, quote, the trustee or, quote, the trust. And some simply say they represent, quote, the bank or, quote, the lender. These disparate practices have
caused significant confusion regarding the roles of the parties to securitization transactions. The trustee
believes that all persons retained by the servicer should accurately identify the specific role or capacity in which they are acting. For example, an
attorney for a servicer foreclosing on a property mortgaged to a securitization trust would be less accurate in this respect if he or she claimed to be
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46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q name attorney for name of trustee, or a more accurate statement would be name attorney for servicer name acting for name of trustee as trustee of the name of trust. In no event should the servicer retain foreclosure professionals, including counsel, mislead third parties, including courts, into believing that the trustee directly controls the foreclosure process or any related litigation process. In addition, the
trustee should never be described as the party who made or is in the business of making securitizing loans. Such descriptions inaccurately reflect the role of the securitization trustee and may expose the trust and the trustee to unwarranted legal liability and expense. Did I read that correctly? Yes. Can you explain to me why your bank issued such a
letter? A I was not involved in the preparation of this, so
I cannot answer. Q Well, would you agree with me that this is
basically saying to servicers, if you're going to do things in an effort to enforce this note and/or mortgage, you have to tell people you're doing it in your own right and in a representative capacity for us
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47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q All right. Now, let me go over a little bit with BY MR. POLLOCK: Q Did you even know -- when I say, you, did Deutsche and not make them think it's us doing it; is that right? BY MR. BACON: Objection to the form. You may answer. Again, I can't state --
You just read it. BY THE WITNESS:
I was not involved in the preparation of it.
Bank even know that a foreclosure case was being filed in its name on June 2nd of 2011 against Brian Mangelluzzi on this loan? BY MR. BACON: BY THE WITNESS: servicing issue. Objection to the form. No. That is a
The servicer initiates
the foreclosure process.
you what the role of the servicer and the trustee is. Essentially, the servicer is acting as the collection agent on the loan for the trustee; is that correct? BY MR. BACON: You may answer. BY THE WITNESS: servicer. They are acting as Objection to the form.
They are servicing the loan,
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48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Okay. And oftentimes the borrowers and other BY MR. POLLOCK: Q Right. They interact with the borrower. If legal They which includes the collection of the payments.
seek to collect from the borrower.
proceedings need to be instituted against the borrower to force payment, they initiate that, right? A Q Yes. And essentially they are acting as though they
were the owner, but they're really not the owner, correct? BY MR. BACON: You may answer. BY THE WITNESS: Correct. Objection to the form.
people dealing with them would think that they're the owner based on the things they're doing, right? A Q I don't know. Are you aware of the fact that OneWest Bank filed
a foreclosure against Brian Mangelluzzi initially in 2009? A Q A I did not know. Is today the first time you've heard that? The first time was when we were brought into this
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49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lawsuit, yes. Q A Q And you heard about it then how? Through counsel. And were you also apprised of the fact that
OneWest had filed the foreclosure in 2010? A Only through researching the record -- or
reviewing the record for the lawsuit. Q By the way, you said you released your custodial Why would -- do
file to OneWest in January of 2011.
you have any idea why OneWest would have only been asking for the file in 2011 if it had already foreclosed twice on Mr. Mangelluzzi in 2009 and 2010? A Q I can't speak to OneWest, what they've done. Well, wouldn't they normally need to have the
documents in that file to foreclose? A Q 2011? A Q I don't know. Did you have contact with anyone from OneWest in Again, I'm not a servicer. I can't answer that.
Do you know why they were asking for the file in
that time period about this loan? A Q Not to my knowledge. Do you typically interact with personnel from
OneWest with regard to loans that they're servicing? A Not in the general course of business, no.
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50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: BY MR. POLLOCK: Q Well, are you saying to the best of your knowledge Q A Q Have you dealt with anyone at OneWest? Can you elaborate on that? At all or --
Have you dealt with anyone at OneWest at any time
in connection with this loan? A Q Not to my knowledge. Do you know who they interact with when there are
questions or issues about loans? A They are the servicer. They are the ones
responsible for servicing the loan. Q But there comes a time, obviously, that they need
to have conversation with Deutsche Bank about problem loans, I assume, right? BY MR. BACON: answer. BY THE WITNESS: No. Objection. You may
Deutsche Bank has never had a conversation with OneWest about this loan? A Q To my knowledge we have not. Well, how did you even find out that there was a
problem? BY MR. BACON: problem? Objection. What kind of
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51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A Q Does that happen often? That is the normal course of the business. Have you had other cases that have been initiated Q Well, you were joined in this litigation, right? You drew a
I mean a case was filed in your name. counter-claim.
Are you saying you weren't even
informed that there was a problem until you got sued by a counter-claim in a lawsuit that had been initiated by someone else in your name? BY MR. BACON: Objection to the form.
Answer if you can. BY THE WITNESS: correct. To my knowledge that's
by OneWest where you've been drawn in in a countersuit? A sure. Q Well, you testified previously that you have To my knowledge we may have. I can't say for
testified many times in the last year and a half, over 20 times. cases? A Q Yes. Did any of them involve actions that had been Are those -- is that in other foreclosure
initiated by OneWest?
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52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Yes. What cases were those? I don't recall the names. How many of them? I don't recall. In what courts or what states were they filed? Various states. Are there records somewhere that you could check,
where you could give me the names of those cases and the names of the lawyers involved? A Q A Q A Q I would have to check. Were any of them in Florida? To my knowledge no, not the ones that I have -Have you been deposed by Tom Ice down in Florida? Not to my knowledge. Do you remember the names of any of the attorneys
who took your deposition? A Q At this point, no, I do not. Do you have records in your office somewhere where
you could check for this, or have copies of the deposition transcripts? A Q A Q I do. You have copies of the transcripts? Some of them I may. All right. I'm going to ask that you assemble for
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53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Has Deutsche Bank at some point put OneWest on A Q me a list of all the cases in which you've testified as a witness and that you provide to me any copies of any pleadings you have from those cases and any deposition transcripts that you have from those cases. Do you need a break for any reason? I'm fine. All right. Hold on one minute. Just so I'm clear
on this, in summation, you're really not aware of any of the activities that OneWest has engaged in with respect to the collection of this loan; is that right? A Q I'm sorry. Could you repeat that?
So I understand your testimony correctly, your
testimony essentially in summary is you're really not aware of anything that OneWest has done with regard to this loan; is that right? BY MR. BACON: Objection to you Answer if
summarizing her testimony. you can. BY THE WITNESS:
I can't speak for what
OneWest has done as far as the servicing of this loan.
notice pursuant to the governing agreements and letters that have been issued by your bank, that if your bank
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54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 suffers any loss in connection with this matter that OneWest is responsible for that loss? A Q Not to my knowledge. Are you acquainted with a lawyer named Richard
Gottlieb? A Q Not that I recall. Has the law firm of Frantz Ward represented your
bank in any other matters other than this matter, to your knowledge? BY MR. BACON: privileged. that. BY MR. POLLOCK: Well, that's actually Objection. That would be
She couldn't even tell you
not privileged, because I haven't asked for any communication or any -BY MR. BACON: privileged. Actually it is There could be matters that
have nothing to do with litigation, sir. So it is privileged. BY MR. POLLOCK: not to answer? BY MR. BACON: No. I'm not directing I am telling her Are you directing her
her not to answer.
that if it's public, if it involves a lawsuit, you may answer. If it doesn't,
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55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Well, I'm sorry -- you said Ms. or Mrs. Campbell? you may not.
Mrs., right? A Q Mrs., yes. Did your bank specifically retain Frantz Ward to
represent you in this case or are you being represented by OneWest lawyers? A It would have originally been representing
OneWest. Q A Q Yeah. And now?
Well, he's representing both of us. Is Deutsche Bank paying legal fees for
representation in this case? A Q A Q A Q I don't know. You said not? I do not know. Are you getting legal bills? I do not know. Are you the point person for this matter? BY MR. BACON: person? BY MR. POLLOCK: The point person that What do you mean by point Did you say you're not?
is acting on behalf of the bank to deal with this.
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56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Are you the person that interacts with Frantz Ward BY MR. BACON: 30(b). She's responding to your
and other counsel on this matter? A Q Yes. Okay. Now, I want to come back a second to this You indicated you turned it over You don't know why they
custodial trust file.
in its entirety to OneWest.
were asking for it, but you just gave it to them, right? A No. I believe I testified that they were asking
for it for a foreclosure matter. Q A Q And who did they ask? I don't know who they asked. Well, is there a particular department that
maintains those files where those requests come through? A They would have requested it from our custodial
group. Q A Q Where is the custodial group located? In Santa Ana, California. Is there a procedure to request a custodial file
for the release? A Yes, there is. They submit a request
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57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: electronically requesting delivery and where to deliver the loan file to. Q Is there an electronic request form that has to be
completed? A Q A Q Yes. They do it electronically.
Have you ever seen that electronic request? I have not. And this is a method of safeguarding files and
their contents, I assume? A Q Yes. All right. So that department has responsibility
to make sure that the request is legitimate? A Q Correct. All right. And if they get a request from a
servicer for a particular file, do they just automatically go ahead and release the custodial file to them? BY MR. BACON: ahead. BY THE WITNESS: They would follow some Objection to form. Go
sort of check procedure to make sure that it is a legitimate request and the requesting party is a legitimate requesting party.
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58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And your testimony earlier was that when
they released the custodial file they keep nothing from the file, right? A Q They do not make copies, correct. They don't make hard copies. They don't make
electronic copies of anything, right? A They make a notation in the system of when it was
released and who it was released to and the reason for the release. Q All right. So for example today, if you went into
your computer system and you wanted information about this loan, you could find some electronic information, I assume, that would tell you the name of the borrower, the basic information about when the loan was obtained, the amount, the status, that type of thing, right? A Q A Right. Is that what you call a general ledger? We don't refer to it as that, but I suppose it
could be called that. Q Is that the only documentation that exists in
electronic form is that document? A The system and the documents that can be produced
from the system, yes. Q The system and the documents that can be produced.
I'm trying to understand what you would still have on
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59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your computer files in electronic form that might have been in the custodial file. In other words, is it
possible there's an image copy of the note, for example, or some other documents? A No. To my knowledge there would not be an image It would just be data
copy of the documents.
indicating when the documents came in and if there was any activity or when it was released and who it was released to and the reason. Q A Okay. As far as image copies, to my knowledge there
would not be any. Q Now, are you familiar with the actual process
that's involved in transferring notes typically? A Q Generally, yes. Are notes typically transferred based on the use
of image copies or does it normally involve the original note? A Current to securitization it would have to be as
required under the governing documents. Q And the governing documents would require the
original note, right? A Q Generally they do. Do you have a copy somewhere in your records of
the original note?
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60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A file. Q Well, what I'm trying to understand is, without The original note would be part of our custodial
seeing the original note, how would I know if the copy of the note that is attached to the Complaint that was filed in your bank's name is a true and correct copy of the original note? A Q I don't know. Well, would you agree with me there would be no How would I know that?
way to know that without seeing the original note? A Q I don't know. But to your knowledge the original note, since
January 2011, has at all times been in the possession of OneWest? A Q To my knowledge, yes. When a custodial file is released to a servicer
like OneWest, does it go out with any type of a cover letter? A Q I don't know. Well, as a matter of routine, do you know whether
the bank says to a servicer, when they're releasing the custodial file, here it is but we -- you know, we need it back in six months or a year, or we need a report on the status periodically, something like that? A I am not sure.
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61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Well, you have a responsibility to safeguard those
documents for the benefit of the investors, right? A Q Correct. So presumably there would be some kind of string
attached to the release of the file, wouldn't there? A Again, I'm not sure what our custody group
provides when they release the files. Q A Who heads that group? Notating it in our books and records that it has I don't know if they attach anything to
been released. it. Q
Do you know who the head of the custodial group
is, the file group? A Q Christopher Corcoran, C-O-R-C-O-R-A-N. Would you be able to print for me the electronic
file that still exists in your computer files pertaining to this loan? A Q What do you mean by electronic files? What you would see if you went to the system now You entered the name Brian
and you pulled it up.
Mangelluzzi and the loan number, basic information that would allow you to pull up the page on him or whatever contents are available, could you print that? A Q Yeah. The system is capable of printing it, yes.
Would it normally be more than a page of material?
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62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Possibly. All right. Well, I'm going to ask that you print
that file for me, whatever is in the file along with any attachments, and give it to Mr. Bacon to provide to me. A Can you do that? That's a proprietary system which we do not
release information on. Q Well, is it going to be any different than the
information I've already seen? A Well, actually, it probably would not make sense
to you because it's just data information. Q A What do you mean by data information? Dates of when the loan files were -- of when the
documents were received. Q Well, I'm going to ask that you print it and And if he feels it's
provide it to counsel.
proprietary and he wants the Court to review it before -- to decide whether or not I should receive it, that's fine. I would just like to have it put before the
Court so I can understand what's in it. You also said that -BY MR. BACON: BY MR. POLLOCK: BY MR. BACON: Before you move on, Hal. I'm moving on. Rather than just leave
these things in the record -- the record
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63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: BY MR. POLLOCK: Q By the way, are you familiar with MERS Milestone may or may not be transcribed -- just send me an email or a note or something of whatever it is you want. BY MR. POLLOCK: ledger. BY MR. BACON: Just a second. I think I want the general
this is the second topic.
I'm not You need
making notes of these things.
to send it to me in some written way and I'll respond. BY MR. POLLOCK: fine. Okay? All right. That's
I'm just telling her now
that's what I'm looking for, is essentially what you would call the general ledger.
Reports? A Q A Q I am not. You never heard that term before? I have not. I want you to look at an exhibit I sent over That is one such report -We got it.
earlier today, Exhibit W.
BY MR. BACON:
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64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Would you look at this report -- it says, MIN
Summary at the top -- and tell me whether you've ever seen anything like this? A Q I have seen a copy similar to this before, yes. All right. That's what I'm referring to as a MERS Where does such a report come from? Do you know? I'm assuming it would be from the
Milestone Report.
How is it generated? A I do not know.
MERS system with the servicer. Q A Q A Q A Q Do you have the ability to access this system? As custodian, we have viewing access only. You're not able to print anything? To my knowledge we do not. And you've never seen such a report on this loan? On this loan I have not. Do you know how a mortgage gets entered into the
MERS system? A Other than generally knowing that it gets entered
by the servicer, other than that I have no knowledge of it. Q By the way, did I understand you said earlier that
this so-called expert report, you don't know anything about that, right? A Q That's correct. You've not seen that before?
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65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Correct. Let me just go back to that for a minute. You I'm
should have a copy of that in your exhibits. looking for the letter on it as we speak. BY MR. BACON: BY MR. POLLOCK: What, Hal?
I want to ask her a
question about this so-called expert report. I just need to find the stamped
copy here. BY MR. BACON: BY MR. POLLOCK: for a moment. BY THE WITNESS: Actually, would you It's Exhibit V. Would you turn to that
mind if we took a break now? BY MR. POLLOCK: fine. No. That would be
How long do you need? About five. That's
BY THE WITNESS: all. BY MR. POLLOCK:
All right, fine.
You
want us to call you back in five minutes then? BY MR. BACON: on. Or I can just leave it
It doesn't matter to me, whatever. Would you rather me
It's your bill.
hang up and call back?
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66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: No. Let's just keep
the connection and we'll just get back together in a few minutes. BY MR. BACON: (Off the record). (Back on the record). BY MR. POLLOCK: Q Mrs. Campbell, the Complaint that was filed in Very good.
this case that we looked at -- I'm referring now to the Complaint that was filed designating Deutsche Bank as Plaintiff on June 2, 2011. It was filed by a law firm
here in Cleveland, the Reimer law firm; is that right? A Q I'm sorry, what law firm? The Reimer law firm, Dennis Reimer and his firm.
Do you know them? A Q A I do not. Have you ever hired them to represent your bank? Not to my knowledge. Deutsche Bank would not have
hired them. servicer. Q
They would have been hired by the
So Deutsche Bank never authorized that law firm to
file a lawsuit in its name; is that correct? A That's correct. That's part of the servicing
function. Q Just so I'm clear, you never -- you didn't even
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67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Go right ahead and finish. I apologize. Go know that this lawsuit was being filed in the name of your bank. right? BY MR. BACON: Wait a minute. You You had no knowledge of it whatsoever,
didn't let her finish.
ahead. A
Did you have something else to say?
I'm trying to remember where I left off at.
That's a servicing function and we rely on the servicer to make the determination and to process any foreclosure matter. Q I understand you rely on them. But the fact is
that you never -- you never authorized that law firm to do anything on your behalf expressly, right? A Again, that's a servicing function. They would
have been hired by the servicer. Q So the answer to my question is, yes. You never
authorized them expressly to do anything, right? A No. That's a servicing function. We rely on the
servicer to do it under the governing documents. Q I understand. But you didn't have any knowledge
of it even, right? A Q We would not, because it's a servicing function. Okay. Now, we were talking earlier about what it
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68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q I was asking you earlier. We were talking about It requires takes to be able to enforce a note at the beginning of the deposition. And we talked about the fact that in
order to do that you would have to have the note endorsed to you or you'd have to have physical possession of the note in blank; is that right? believe you told me that was accurate. BY MR. BACON: One more time. I
the ability of a bank to enforce a note.
that you either have the note payable to you or endorsed to you or that you have physical possession of a note that's endorsed in blank, right? A Q Correct. Okay. And in this particular instance there is no
specific endorsement -- first of all, the note wasn't payable to you originally, right? A Q What do you mean originally? Well, the note as executed was payable to IndyMac
Bank, correct? A On the origination of the note, that is my We're not involved in the
understanding, yes.
origination of the note. Q A So you weren't the payee of the note, right? Correct.
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69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And the note has never been specially endorsed to
you; is that correct? A I believe it was endorsed to us in blank under the
Master Servicing and Trust Agreement. Q you. No. But it never was specifically endorsed to
There was a blank endorsement that was placed on You're saying you think it
the note at some point.
occurred in August of 2006, but you don't know, right? A Under the Master Servicing and Trust Agreement an
endorsement to Blank is acceptable to transfer the ownership. Q Okay. But my question to you is, you don't have a
specific endorsement that says, Pay to the Order of Deutsche Bank as Trustee of this Trust, right? A Q It's not required under the governing documents. I'm just asking. It's a yes or no question. Do
you or do you not have such a document, where the note is specifically endorsed to your bank by name as trustee? A Q It is endorsed to Blank. So it has no one's name? It doesn't say endorsed
to Goldman Sachs. Mortgage.
It doesn't say endorsed to GS
It doesn't say endorsed to Deutsche Bank, There's no name, right?
Trustee, right? A
It's endorsed to Blank.
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70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: BY MR. POLLOCK: Q Well, I'm just trying to understand. Explain to Q Okay. And you told me that as of January 11 --
January of 2011 you no longer had possession of the original note that you say was endorsed in blank, right? A Q It was released to the servicer, correct. Okay. So as of the time a lawsuit was filed in
your name and on your behalf in June of 2011, you neither had an endorsement of the note to you nor possession, correct? BY MR. BACON: Objection. She's asked
and answered that.
me how it is that you have a right in June of 2011 to sue Mr. Mangelluzzi on the note and/or the mortgage. How is that? BY MR. BACON: BY MR. POLLOCK: that, Brett. BY MR. BACON: conclusion. that to you. answers. A, that's a legal -No. You can't answer
She has to. That's a legal She doesn't have to explain You don't listen to her
She has asked -- answered your
question several times.
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71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q And if it had validity, wouldn't OneWest then have Q Can you go ahead, ma'am. You can answer my
question.
How is it that in June of 2011 you had the
right to enforce the note? A Under the governing documents of the GSR Mortgage
Loan Trust 2006-OA1. Q A Q That's your answer? Yes. Okay. Just give me a moment. By the way, you
continue to maintain that the note was endorsed in blank, but it doesn't seem that you're paying any attention to the allonge that we've looked at that was executed by the FDIC in favor of OneWest. Once that
occurred, the note had been specially endorsed, correct? A Q I can't answer that. Well, wouldn't you agree that if that document had
any validity that you would no longer have a note that was endorsed in blank? endorsed to OneWest? BY MR. BACON: answer. BY THE WITNESS: I don't know. Objection. You may It had been specifically
to endorse it to you before you could file suit?
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72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Again, I don't know. You don't know. Do you know -- at the point in
time that the FDIC signed that IndyMac didn't own the loan, right? loan, right? A Q I'm sorry. What was that last -When IndyMac went bust, it didn't own the
Is it correct that when IndyMac went out of It was just a
business it did not own this loan? servicer, right? A Q Correct.
So the only thing the FDIC would have had that it
could have acquired essentially from IndyMac was the servicing rights, correct? A Q I can't answer that. Well, I want to direct your attention for a minute Would you look at Exhibit B.
to Defendant's Exhibit B. It's the mortgage document. A Q Okay.
On the first page on the right-hand side, about a
third of the way down, it has -- it says, MIN and there's a serial number. A Q Under Mortgage? Yes. It says, MIN and there's a long serial First page of Exhibit B. I'm not seeing that. Do you see that?
number. A
I'm sorry.
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73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q A What is a MIN number; do you know? My understanding is it's a MERS Identification BY MR. POLLOCK: Q The word mortgage is in the middle of the page, a It's just to the right of that. Q You're looking at Exhibit B on the first page? BY MR. BACON: We are, Hal. What's
something above or below it?
third of the way down.
It says, MIN 1000 and some other numbers. A Does your copy about halfway down have American
Title Solutions? Q A Q It's just above that. I'm sorry? It's just above that. BY MR. BACON: We honestly don't see it Maybe it just didn't
on this copy, Hal. copy. BY MR. POLLOCK:
I don't know why.
Number. Q A Q then? A My understanding is yes. And do you know how that gets assigned? My understanding is by the servicer. And does that reflect that it's a MERS mortgage
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74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And do you know what the difference is between a
MERS mortgage and a non-MERS mortgage? A My understanding is a MERS mortgage does not
require an initial assignment. Q A Q Does not require an initial assignment? Right. And that's because the mortgage is titled to MERS
at the time that it's executed? A My understanding is because MERS is acting as
nominee for the lender, therefore, the assignment is not required. Q But that appears on the face of the mortgage; does
it not? A Q I'm sorry. I didn't catch the first part.
Doesn't that typically appear on the face of the
mortgage, as in this case, on that first page you were just looking at? A Q Does what occur? That there's no need for an assignment because You just said there's no
MERS is already in title.
need for an assignment on a MERS mortgage, right? A Q That was my understanding, yes. Below where you were looking at before, where it
says, American Title Solutions, do you see a subparagraph C that says, MERS is Mortgage Electronic
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75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Registration Systems, Inc.? A Q Yes. Okay. So MERS is specifically referenced on the
first page of this mortgage, right? A Q It's referenced on the mortgage, yes. And that's what causes you to say this is a MERS
mortgage, right? A No. Because when I reviewed our books and
records, there was a MIN number associated with it. Q A Q Okay. To say that it's a MERS loan. Well, looking at the face of this mortgage, even
if you can't see the MERS number on your copy, the fact that MERS is referenced on the first page of the mortgage, that also suggests it's a MERS mortgage, right? A Q A I don't believe so. You don't think so? I don't think so. BY MR. POLLOCK: Okay. I want to refer
to the Treliant Risk Advisors opinion letter that's been issued. Brett, would
you be kind enough to show her that again. believe. You had it out before, I
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76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q says: BY MR. POLLOCK: Q All right. On the third page, would you turn to BY MR. BACON: reading from? BY MR. POLLOCK: No, I don't believe I Is that that one you were
read from this, maybe briefly. BY MR. BACON: BY MR. POLLOCK: report. BY MR. BACON: All right. Got it. The expert report? Yeah, the expert
the top of the third page. A Q Okay. In the first full paragraph on that page it starts It is
out with the word -- the language that says:
typical in the industry that the note and mortgage would be endorsed to Blank and the mortgage would be assigned to MERS upon the first ownership transfer. And then at the end of the paragraph the writer My examination of the documents indicated to me
that this loan's ownership was documented in accordance with this prevalent industry practice. Did I read that correctly? Yes. That's not what we have here at all. He says that
the mortgage would be assigned to MERS on the first
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77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ownership transfer. at all, is it? But that's not what occurred here
MERS was designated originally in the
mortgage, not on the first ownership transfer, correct? A I can't answer that. That's a servicing -- that's
part of the servicing function. Q I'm just trying to understand if the individual
who wrote this knew what he was talking about or looked at the documents. in this letter. A Q This is obviously wrong what he says Is that not correct? It's wrong?
I can't address that. Well, your review of the records indicates that it
was a MERS loan from inception, right? A Q A Q Define inception. From inception, correct? Define inception. When the loan was executed. When the loan
documents were first executed in May of 2006, MERS was identified on the mortgage you're looking at as the title holder to the mortgage, correct? A Again, we were not involved in the origination of I cannot address that. I can only address
the loan.
from when we became trustee, which was August 26, 2006. Q All right. Give me a moment. Have you reviewed
the assignment documents that have been executed in this case by the servicer?
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78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q I've seen them, yes. I'm sorry. Yes. You reviewed an assignment that was executed by Did you see that? Have you seen that You said yes?
Suchan Murray? document? A Q
Just a moment. It's actually appended to your Complaint, to Would you look at the back of that pleading
Exhibit H. with me. A Q A
I see the assignment signed by Suchan Murray, yes. Do you have any idea why that was executed? I do not. We were not involved in initiating the
assignment. Q Are you aware that there was a subsequent It is
assignment executed by Erica Johnson-Seck?
Exhibit Z, if you need to look at it, dated October 16, 2009. A Q A Q A Q A I'm sorry, Exhibit -The last exhibit, Exhibit Z. Okay. All right.
You have that? I have that. Any idea why that was executed? I do not. Again, that's a servicing function.
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79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Can you sell and transfer an image copy of
a note rather than the original wet ink note; do you know? A Q I don't know. If you were going to try to determine if a note
was lawfully held or owned by a lender like your company, would an image copy of the note be sufficient for you to testify under oath that you held the note? A Q I'm sorry. Yeah. Can you repeat that again?
If you were going to determine if a note
was lawfully held or owned by a lender, like your bank, would an image copy of the note be sufficient for you to testify under oath that you held the note? A Q A Q I don't know. How about that you owned the note? Again, I don't know. If a copy of a wet ink note contained endorsements
on the note that were contradictory to what was on the original wet ink note, what would you do? BY MR. BACON: Objection to the form.
Define contradictory. BY MR. POLLOCK: BY MR. BACON: BY MR. POLLOCK: BY MR. BACON: Different. I'm sorry? Different. I don't know that
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80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q If a copy of the wet ink note contained different equals -- answer it if you can. I'm not here to testify. If you
can answer his question, go ahead. BY THE WITNESS: please? Can you repeat it,
endorsements on the note that were contradictory or different than what was placed on the original wet ink note, what would you do? A Well, when you're referring to a wet ink note, to
me, that's the origination of the note and this is far past the wet ink stage. Q A note. Q So are you saying you're not able to answer my Well, I'm referring to the original note. We were not involved in the origination of the
question? A Q The way it's phrased, I cannot. I'll restate it. If the original note had
endorsements that were contradictory or different to what was on an image copy, what would you do? BY MR. BACON: Objection to the form.
Go ahead, if you can. BY THE WITNESS: I don't know.
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81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Do you know the consideration that was paid for
the -- for this loan by Deutsche Bank, by the trust? A Deutsche Bank does not pay consideration for the The loans are deposited into the trust to which
loans.
we are appointed trustee. Q Who actually paid the consideration to acquire the
loans? A Q A Q A I'm sorry. Yes. I don't know. Do you know who was paid? Essentially the certificate holders will Who paid it?
eventually have paid for it, because they're the ones that receive the beneficial ownership -- or the benefit of the loan deposited into the trust when they purchase the loan. Q By the way, the Complaint that was filed on behalf
of your bank in this case, have you personally reviewed it? A Q Yes. Have you attempted to go through this document to
make sure that it was accurate in all respects and that the exhibits attached to it were true and accurate copies of those documents?
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82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q All right. So you're embroiled in this lawsuit. Did you or A Q You're asking what steps I took to verify? Well, I'm trying to understand. Deutsche Bank was
involved in this lawsuit by a law firm and a servicer that filed this on Deutsche Bank's behalf without its knowledge. And there are various documents that are
attached to this, including the assignment of the note and mortgage executed by Suchan Murray that we just looked at and another assignment at the very back from OneWest Bank to Deutsche Bank, which I assume you also had nothing to do with, correct, the last assignment? BY MR. BACON: You may answer. BY THE WITNESS: That's correct. Objection to the form.
You have a counter-claim back against you.
someone else at your bank at some point review this pleading to make sure that everything alleged in here is true and accurate and these documents are true and accurate? I mean you're proceeding to try to foreclose
on Mr. Mangelluzzi's house based on this Complaint; are you not? You're asking the Court to make a finding
against him and sell his house, right? A Q We are through the servicer, yes. But I'm asking, since you're the named Plaintiff
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83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that brought this lawsuit, even though you didn't know about it initially, now that you do, have you ever gone through this, or someone at the bank gone through this, to try to make sure this is an accurate filing? A Q A Q We reviewed it with counsel. You reviewed it with which counsel? Counsel here. All right. And your counsel there is also
representing OneWest, correct? A Q Correct. All right. And you're telling me that you've
never seen -- prior to looking at this lawsuit, you never saw this assignment of note and mortgage executed by Suchan Murray, right? A Q Correct. Well, have you been aware or apprised of all this
publicity that has taken place over the last several years about mortgage servicing abuses in the prosecution of foreclosure cases? A Q Yes. Are you aware that much of that revolves around
the creation or fabrication of documents for the purpose of assigning and transferring notes and mortgages? BY MR. BACON: Objection. You may
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84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q So did you -- I mean have you at some point, BY MR. POLLOCK: Q All right. Did that cause you to look at this answer. BY THE WITNESS: To my knowledge, yes.
assignment of note and mortgage that was appended to the Complaint filed on behalf of your bank and ask yourself, is this a legitimate assignment? BY MR. BACON: Objection. She's That's
reviewed it with counsel. privileged.
If you want to ask her if
she reviewed it outside the presence of counsel, you may do that. BY MR. POLLOCK: What she discussed with The
counsel is potentially privileged.
fact of what she did is not privileged ever.
ma'am, tried to form an opinion as to whether your bank should be relying on this pleading? A Q A Q No. Do you think that's something you need to do now? What, to review? To look at this document and satisfy yourself that
what was filed here is proper and appropriate.
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85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Have you attempted to look into that situation to A Q We've reviewed with counsel. This assignment that we're looking at, the Suchan
Murray assignment appended to your Complaint, is from MERS to OneWest Bank. A Q Yes. All right. It's signed by Suchan Murray as an Do you see that?
authorized signatory of MERS; is that correct? A Q As indicated on the document, yes. Are you aware that there has been enormous
controversy all over the country about such assignments that are executed by bank officers as purported officers of MERS? Are you aware of that? Objection. You may
BY MR. BACON: answer BY THE WITNESS:
Yes, I am.
understand that controversy? A Q I have not. Are you aware of the fact that courts have said
that the execution of such documents is improper? BY MR. BACON: I'm going to object and This is not
instruct her not to answer. a legitimate topic.
It's been ruled
outside of this lawsuit.
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86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q Who is allowed to endorse a note on behalf of BY MR. POLLOCK: Q Who is allowed to endorse a note at your company? BY MR. BACON: more time. We didn't hear that. One BY MR. POLLOCK: Complaint. BY MR. BACON: May I finish? No. Other This is in your
lawsuits are not in this Complaint. You're asking her about other lawsuits and other rulings. BY MR. POLLOCK: I'm asking her about
the exhibit that you're relying on to ask the Court to order foreclosure of this property. BY MR. BACON: Reporter. Read it back, Mr.
You were asking her about
other judicial opinions. BY MR. POLLOCK: BY MR. BACON: Reporter. BY MR. POLLOCK: No, that's fine. I All right. Read it back, Mr.
understand your objection. on.
I'll move
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87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Deutsche Bank? A Q A Q A Q We don't endorse the note. You do? We do not. You never endorse notes? That would be done by the servicer. Is it your testimony that you are not aware of any
email communications between Deutsche Bank and OneWest Bank pertaining to this loan? A Q here. That's correct. I may be almost done. I'm just reviewing my notes
Who at Deutsche Bank approved the acceleration
of my client's note? A Q I'm sorry. Yes. Can you repeat that?
Who at your bank approved the acceleration
of my client's note? A Q A Q I'm not aware of the acceleration of the note. So you're not aware of anyone approving that? Not that I'm aware of. Well, isn't the acceleration of the note required
if you're going to foreclose? A Q That would be a servicer question. How does your bank account for notes as assets on
its balance sheet? A Notes that are -- loans that are deposited
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88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. BACON: information are not on the Deutsche Bank's balance sheet. Q It's an asset of the trust itself.
Does your bank in any manner track payments on
this loan? A No. We do not. We're not the servicer. It's the
servicer's responsibility. BY MR. POLLOCK: There are various
documents that have been requested of your bank in this case pursuant for both the 30(b)(5) and a separate request for production of documents. There have
been various objections that have been interposed by counsel to production of those documents beyond the documents that have been produced by your bank thus far. What I'm going to do at this
point is adjourn the deposition, because I have to raise the issue of those additional documents with the Court. it may be necessary to resume this to question you about things in additional documents that are produced. But other So
than that, I don't have anything further for today.
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89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I have one clarifying question. I'm not agreeing That's of I'm going
or disagreeing with your pronouncement.
course a Court function, not for you or me. to ask Mrs. Campbell this question.
When Mr. Pollock
was asking you about the authorization of the filing of the Complaint, I believe I heard your answer to be that's a servicer function. A Q Correct. Would you explain to the judge or jury what you
mean by that? A Certainly. The various governing documents,
mainly the Master Servicing and Trust Agreement, provides the servicer and empowers the servicer to foreclose on properties they feel to foreclose on. is not Deutsche Bank's responsibility as trustee to foreclose. It's foreclosed in our name, because we are But the function of It
the owner and holder of the note.
foreclosing on property is began and completed by the servicer. BY MR. POLLOCK: Q But as long as you're speaking to that issue -- so
although you claim that you have delegated sole responsibility for foreclosure to the servicer, that they have the right to make these decisions, they're obviously obligated, pursuant to the various
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90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. POLLOCK: Q So OneWest Bank, in filing foreclosures in its agreements, to indemnify you against any loss occasioned by their misjudgment or mishandling of matters, right? A First of all, I believe -- I don't believe I said I said they were empowered under the Master
delegated.
Servicing and Trust Agreement. Q All right. So they are empowered, but they have
to indemnify you against any losses that are occasioned through their mishandling or misjudgment, right? A That would be covered within the governing
documents. Q Okay. And you have cautioned them, pursuant to
your letter, Exhibit Y, your memorandum dated July 28, 2008, if you're going to file something and put our name on it, you better darn well tell people that you're doing this in a representative capacity, that it's you doing it for us. right? BY MR. BACON: itself. The document speaks for You've told them that,
name against Brian Mangelluzzi in 2009 and 2010, has violated your express direction to them; is that correct?
216-881-8000
91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. BACON: BY MR. POLLOCK: adjourned. BY MR. BACON: Thank you, sir. Thanks, Hal. Hang on. Been asked and answered. Thank you. We are
Mr. Reporter? Yeah.
BY THE COURT REPORTER: BY MR. BACON: this up? BY THE COURT REPORTER:
Are you going to type
Well, I also
want to ask -- well, it all depends if someone's going to order it. BY MR. BACON: Well, if it's ordered, we
would like to review it simply because you're not in front of us. There could So if
be some mishearing by any of us.
it is typed up, the witness would like to review it for signature. BY THE COURT REPORTER: have your phone number? BY MR. BACON: Sure. 216-515-1613. Or my email is Frantz has a T Okay. Could I
Again, 216-515-1613. bbacon@frantzward.com. in it. BY THE COURT REPORTER: Frantzward.com.
Okay.
Do you have a fax
216-881-8000
92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 number too? BY MR. BACON: 216-515-1650. Okay.
BY THE COURT REPORTER: BY MR. POLLOCK: Mrs. Campbell.
Thank you very much, I'll look forward to
meeting you at trial. BY THE WITNESS: (Deposition Adjourned.) Okay. Thank you.
216-881-8000
93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12E7065 ________________________________________ BARBARA CAMPBELL DATE PAGE LINE CORRECTION I have read the foregoing page(s) 1 through 92 and note the following corrections:
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94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _______________________________ MARC EPPLER Notary Public - State of Ohio my commission expires 9-14-2013 I, MARC EPPLER, a Notary Public within and for the State of Ohio, duly commissioned and qualified, do hereby certify that the abovenamed BARBARA CAMPBELL was first duly sworn to testify the truth; that the testimony then given by her was audiotape recorded and reduced to writing; that the foregoing is a true and correct transcript of the testimony given by the witness as aforesaid; that I am not a relative or counsel of either party or otherwise interested in the event of this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office in Cleveland, Ohio this 13th day of JUNE, 2012. The State of Ohio County of Cuyahoga ) ) ss CERTIFICATE
216-881-8000
0 001 18:18,23 19:22,23 0042 20:11 1 1 12:6 93:1 1:09 3:4 1:10 1:14 3:18 1000 73:7 107 2:8 11 8:11 26:9 70:1 127 2:4 12E7065 1:24 93:25 13 34:16 13th 94:18 150 18:21 16 78:17 1761 27:16 1980 7:19 1992 8:14 1995 5:7 7:4 8:14,15 1999 8:20 2 2 34:4 44:13 66:11 20 4:24 51:21 2005 8:21 2006 11:17,22 12:4,6 13:17 15:22 27:19 31:19 35:3,14,15 39:8 69:8 77:17,22 2006-OA1 4:6 11:19 14:7 71:5 2008 90:14 2009 31:8 48:22 49:12 78:18 90:23 2010 4:10 9:7 49:5,12 90:23 2011 9:7,8 10:17,20,23 26:9,11 34:4 47:11 49:9,11,18
60:13 66:11 70:2,7,14 71:2 2012 1:13 3:3,18 94:19 216 1:22 216-515-1613 91:20,21 216-515-1650 92:2 24 12:4 13:17 27:19 31:19 24th 35:14 39:8 25 15:22 2500 2:4 26 11:22 77:22 28 90:13 2nd 33:19 47:11 3 3 21:11,18 30(b 43:23 56:2 30(b)(5 1:9 3:25 4:13 88:10 3376 1:22 368 12:10,17 13:15,16 15:10 26:19 370 12:11,18 4 409 33:17 34:5,8 418 34:21 44103 1:21 444 34:8 5 5230 1:13,21 5900 2:7 6 6 26:11 8 8 3:3,18 881-8000 1:22 881-DEPO 1:22 8th 1:13 9
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54:13,16 62:10 65:13 78:8 81:7 Adam 33:2 addition 46:9 additional 88:19,21 address 77:10,21 adjourn 88:17 adjourned 91:3 92:8 administer 35:18 administrator 8:3,20 20:7 administrators 6:24,25 adopted 17:23 45:12 advising 42:3 Advisors 14:17 75:21 aforesaid 94:14 afternoon 6:1 against 29:18 32:18 39:11 41:23 47:11 48:6,21 82:16,23 90:1,8,23 age 3:21 agent 7:1 47:21 agents 45:11 aggregated 29:11 ago 33:6,8 43:7 agreeing 89:1 agreement 13:22,25 18:5,6,7,19,24 19:1,2,3,8,10,16 ,18 20:5 21:4 22:8,10,11 30:8 37:20,21,22 69:4,9 89:12 90:6 agreements 25:19 53:24 90:1 ahead 57:16,19 67:7,8 71:1 80:3,24 al 1:6 4:7 alleged 82:18
allonge 22:13,17 38:4,7,23 40:7 41:5 71:11 allonges 41:10 allow 61:22 allowed 86:21,25 already 32:11 35:19 40:20 49:11 62:9 74:20 am 7:14 13:19 14:23 21:23 32:19 41:21 54:23 60:25 63:19 85:15 94:14 Amended 6:11 37:21 America 7:23 8:13,19 American 73:8 74:24 among 20:6 amount 58:15 Ana 27:16 56:22 analyze 24:9 ancillary 6:14 and/or 7:1 14:6 25:1 29:5 35:19 46:23 70:15 Andrew 27:16 Angeles 8:1 answer 5:17 15:14 16:21 17:8 19:13 20:20 21:21 23:20 24:12 25:8 28:15 30:10 31:13 36:11,24 41:4,17,18,25 46:20 47:4,23 48:13 49:16 50:14 51:8 53:17 54:21,23,25 67:18 70:18 71:1,6,15,21 72:14 77:4 80:1,3,17 82:12 84:1 85:14,23 89:6 answered 25:15 70:11,23 91:1
216-881-8000
answers 5:18 70:23 anticipate 5:25 6:2 13:11 anyone 37:18 49:20 50:1,3 87:18 anything 11:6 38:11,12 53:14 58:6 61:10 64:3,12,22 67:15,19 88:23 apologize 67:7 apparently 26:2 35:9 appear 74:15 APPEARANCES 2:1 appears 34:10 74:12 appended 78:8 84:5 85:3 appointed 24:16 31:14 81:6 apprised 49:4 83:16 approaches 45:12 appropriate 84:25 approved 87:12,15 approving 87:18 approximately 5:3,4 8:11 aren't 29:8 31:14 41:14 43:12 Article 21:11,12,17,18 aside 14:11 assemble 52:25 assembled 6:18 assembly 6:7 asset 21:2 35:18 88:2 assets 20:24 31:11 87:23 assigned 21:17 73:21 76:17,25 assigning 83:23 assignment 18:5 21:4,17 22:9
37:20 74:4,5,10,19,21 77:24 78:4,11,14,16 82:6,8,10 83:13 84:5,7 85:2,3 assignments 15:4,5,7 25:19 85:10 assistance 6:9,19 assistant 8:21 associated 75:9 assume 5:16 7:8 32:1 50:12 57:9 58:13 82:9 assuming 64:8 assumption 18:5 21:4 22:9 37:20 attach 61:10 attached 38:2 43:9 60:5 61:5 81:24 82:6 attachment 34:7 attachments 62:4 attempted 24:18 81:22 85:17 attention 71:11 72:15 attorney 40:4 45:23 46:1,2 attorneys 52:16 audiotape 1:15 94:11 August 11:22 12:4 13:17 27:19 31:19 35:3,14 39:8 69:8 77:22 authority 45:13 authorization 89:5 authorized 66:21 67:14,19 85:7 automatically 57:16 available 61:23 AVENUE 1:14,21 aware 13:4 14:20 21:16,19 31:14 40:16 41:20,21,22 42:2,6,25 48:20 53:8,14 78:15
83:16,21 85:9,12,20 87:7,17,18,19 B B.A 7:9 backed 6:23 8:13 background 7:7 Bacon 2:3 3:6,12,16 5:12 12:7,12,14 15:13 16:20 17:7 18:14 19:12 20:19 21:20 22:24 23:19,23 24:11 25:3,6,14 28:14 32:24 33:3,7,12,15,17, 19,22 34:1,4,14,20 36:10,23 39:21 40:19 41:1,16,24 42:3,7,15 43:6,11,15,21 44:6,10,24 47:3,13,22 48:12 50:13,23 51:7 53:16 54:10,16,22 55:21 56:1 57:18 62:4,22,24 63:6,24 65:5,10,22 66:4 67:4 68:7 70:10,17,20 71:20 73:2,13 76:1,5,8 79:20,23,25 80:23 82:11 83:25 84:8 85:13,22 86:3,11,15,22 88:25 90:19 91:1,4,7,12,20 92:2 Bacon's 41:20 balance 87:24 88:1 bank 1:3,10 4:1,4,5,10,15 5:1,6,7,11 6:21,22 7:3 8:13,16,19,22 9:3 14:16 15:25 16:2,4 17:2
20:7,8 21:9,10 22:2,4,16,17 23:9 24:5,17,24 25:1 26:21 27:11 28:1 29:4 30:21 31:12 32:13,17 34:5,18 35:3,11 37:18 38:24 39:3,4,6,10,12,1 3,17 40:3,6,18 41:22 42:10,20 44:19,22 45:16 46:17 47:10 48:20 50:11,18 53:23,25 54:8 55:6,13,24 60:21 66:10,17,18,21 67:2 68:10,20 69:14,18,23 79:11 81:3,4,19 82:2,9,17 83:3 84:6,19 85:4,11 87:1,8,9,12,15,2 3 88:3,9,15 90:22 Bankers 8:15 banking 7:20 bank's 14:21 60:6 82:4 88:1 89:15 Barbara 1:10 3:5,19,21,25 4:13 93:22 94:9 based 16:17 24:8 25:9 48:18 59:16 82:21 basic 58:14 61:21 basically 27:8 29:11 38:20 46:22 Bates 12:8,15 18:16 19:23 20:10 21:6 33:15 34:5,7,21 bbacon@frantzw ard.com 91:22 became 31:20 77:22 becoming 24:16 begin 6:5 beginning 68:1 behalf 32:17 40:4 55:24 67:15 70:7 81:18 82:4
84:6 86:25 believe 8:20 9:7 11:22 15:17 18:12 20:23 24:6 30:21 34:15,16 56:12 68:6 69:3 75:17,25 76:3 89:6 90:4 believes 45:20 believing 46:7 beneficial 81:15 benefit 13:2 14:1,2,15,21,22 29:2,8 45:9 61:2 81:15 best 50:17 better 44:1 90:15 beyond 43:4 88:14 bill 65:24 bills 55:18 bit 3:11 47:18 blank 30:2,5,8 32:9,11,12,13,1 5 37:8,10,13 68:5,13 69:3,6,10,20,25 70:3 71:10,18 76:16 blindly 23:15 bombarded 43:16 books 9:18,21 28:6 61:9 75:8 borrower 48:4,5,6 58:13 borrowers 48:16 bought 8:15,16 break 5:23 53:5 65:14 Brett 2:3 70:19 75:22 Brian 1:6 4:7 5:9 39:11 47:11 48:21 61:20 90:23 briefly 76:4 brought 48:25 83:1 bus 39:20 business 21:22 31:4 36:12,16
216-881-8000
38:7 41:11 45:1 46:11 49:25 51:13 72:8 bust 72:4 buying 29:2,4 C California 7:25 27:17 56:22 Campbell 1:10 3:21,25 4:14,18,20 55:3 66:8 89:4 92:5 93:22 94:9 capable 61:24 capacity 42:13,22 45:22 46:25 90:16 captioned 4:5 career 7:22 case 1:4,5 4:4,9,10,15 5:16 6:8 8:24 11:24 13:4 14:3,7,21 36:21 47:10 51:2 55:7,14 66:9 74:16 77:25 81:19 88:9 cases 51:14,22 52:2,9 53:1,3,4 83:19 catch 42:17 74:14 cause 1:13 84:4 caused 45:18 causes 75:6 cautioned 90:12 certain 11:24 19:14 Certainly 89:11 certificate 81:13 94:1 certification 12:4,5 13:16 26:20 27:18 28:7,11 certified 3:23 certify 94:9 certifying 13:23 27:19 29:23 chain 16:15,25
23:10,12 24:9 26:4 check 52:8,11,20 57:21 Christopher 61:14 Civil 4:12 claim 22:21 89:22 claimed 45:25 claims 41:22 CLAIR 1:14,21 clarify 26:6 clarifying 89:1 clean 24:1 clear 53:7 66:25 Cleveland 1:14,21 2:5 13:7 66:12 94:18 client 6:8 41:20 client's 87:13,16 closer 3:11 closes 35:7 closing 11:12,15,18,21 28:22 31:19 32:15 code 17:13,18,22 collect 48:5 collection 47:20 48:1 53:10 comes 50:10 coming 13:4,12 33:9 commercial 17:13,18,24 commission 94:23 commissioned 94:8 common 1:1 4:8 28:19 30:12 commonplace 28:12 communication 54:15 communications 87:8 company 1:3,11 4:1,5 7:23,24 8:2 18:8 20:8 22:5 39:2,4,6,17
79:7 86:21 complaint 32:16,18 34:2 38:3 60:5 66:8,10 78:8 81:18 82:21 84:6 85:3 86:2,4 89:6 completed 57:4 89:18 complicated 6:4 complying 43:1 45:2 computer 10:3,11 58:11 59:1 61:16 conceptually 14:4 conclusion 70:21 confused 10:22 confusion 45:18 connection 50:4 54:1 66:2 consideration 81:2,4,7 consist 9:20 consisting 18:21 consolidated 1:4 4:9 contact 49:20 contain 11:8 contained 6:12 79:17 80:7 contemporaneou s 28:2 30:15 content 45:7 contents 57:9 61:23 continue 71:9 contradictory 79:18,21 80:8,21 controls 46:8 controversy 85:10,18 conversation 50:11,18 copies 52:20,23 53:2 58:4,5,6 59:11,17 81:25 copy 10:3,18,23
11:1,4,6 26:1,8,12 59:3,6,24 60:4,6 64:4 65:3,9 73:8,14,15 75:13 79:1,7,12,17 80:7,22 Corcoran 61:14 C-O-R-C-O-R-A-N 61:14 CORNS 1:11 Corp 14:10 15:3,11,16 16:10,19 20:1,6,14 21:8 24:7 25:22 35:13 36:8,9 Corporation 40:5,25 correct 4:16,17 5:13,14 7:5 8:9 9:11 10:8,12,15,16,2 1 12:25 13:1 15:4,22,25 16:5 18:20 19:9,24 20:12,16,22 22:14,15 24:8,10 25:5 26:24 27:2,20,21,24,2 5 28:22 29:10,13,17,21, 24 30:19 31:9 32:3,6 35:20 39:9 47:21 48:11,14 51:10 57:13 58:4 60:6 61:3 64:24 65:1 66:22,23 68:14,20,25 69:2 70:5,9 71:14 72:7,10,13 77:3,9,14,19 82:10,13 83:9,10,15 85:7 87:10 89:8 90:25 94:13 CORRECTION 93:4 corrections 93:2 correctly 16:7 24:23 31:17,25 46:15 53:12 76:22
Corrigan 1:6 counsel 1:15 6:9,19 46:6 49:3 56:5 62:16 83:5,6,7,8 84:9,12,14 85:1 88:13 94:15 count 34:11 counter 51:15 counter-claim 51:3,5 82:16 country 85:10 County 1:1 4:8 94:4 couple 7:6 course 41:10 44:18 45:1 49:25 51:13 89:3 Court 1:1 3:2,10,14,17 4:8 62:17,20 82:22 86:9 88:19 89:3 91:6,9,18,24 92:3 courts 46:7 52:6 85:20 cover 60:17 covered 90:10 creation 83:22 Current 59:19 custodial 9:9,16,18,22,23 10:20 11:8 25:25 32:4 49:8 56:8,19,21,23 57:16 58:2 59:2 60:1,16,22 61:12 custodian 9:5 12:4 13:16,23 20:9 26:20 27:19 64:11 custodians 10:6 custody 61:6 Cuyahoga 1:1 4:8 94:4 CV-10-737324 1:5 4:11 CV-11-756687 1:4 4:9
216-881-8000
D darn 90:15 data 59:6 62:11,12 date 24:17 26:11 28:22 31:6 35:13 93:22 dated 12:4,5 13:17 15:21 27:19 78:17 90:13 Dates 62:13 day 1:13 94:18 DB-183 21:6 deal 55:24 dealing 48:17 dealt 50:1,3 decide 62:18 decisions 89:24 Defendant 2:9 5:9 Defendants 1:7 Defendant's 72:16 Define 77:13,15 79:21 degree 7:9 delegated 89:22 90:5 deliver 57:1 delivery 57:1 Dennis 66:14 department 56:16 57:11 depending 6:2 depends 91:10 deposed 52:14 deposes 3:23 Deposit 40:5,25 deposited 11:20 14:6 16:12 29:1,5 35:18 81:5,16 87:25 depositing 20:24 deposition 1:9,15 3:25 4:3,12,21 6:11 9:19 15:6 40:14 52:17,21 53:3 68:2 88:17 92:8 depositions 4:25
depositor 14:6,9 15:10 20:2,6,14 23:14 29:5 35:21 described 46:10 Description 44:13 descriptions 46:12 designated 4:14 77:2 designating 66:10 designee 1:10 4:1 detail 17:14 determination 67:11 determine 24:10 79:5,10 Deutsche 1:3,10 4:1,4,5,15 5:1,5,7,11 6:20,22 7:3 8:16,22 9:3 16:10,19 17:2 20:8 24:5,17,24 26:21 29:4 30:6,16 31:20 32:8 35:3,11,17 37:17 39:4,6,12,17 42:10 44:19 47:9 50:11,18 53:23 55:13 66:10,18,21 69:14,23 81:3,4 82:2,4,9 87:1,8,12 88:1 89:15 difference 21:11,13 74:1 different 8:18 19:3 36:4 62:8 79:22,24 80:1,9,21 digital 10:2 direct 43:12 72:15 directed 42:10 directing 54:20,22 direction 90:24 directly 46:8 disagreeing 89:2 discussed 84:13 disparate 45:17
division 8:14 document 6:10 9:15 11:23 12:5 13:18,21 14:12,24 15:1 18:21 19:11,17 20:10,13 21:5,7 24:24 25:10,23 26:18 28:3 30:16 37:4 38:3,6 40:1 41:9 44:5,16,21 58:21 69:17 71:16 72:17 78:6 81:22 84:24 85:8 90:19 documentation 16:17 22:3 23:17 24:1 25:11,17,20 26:3,13,17 29:16 36:18,22 58:20 documented 76:20 documents 6:7,12,15,17 8:23 11:14,24,25 12:20,22 13:14,24 14:5 15:1 18:10 25:18 27:20,22 32:4 35:24 37:2,19 43:2 44:21 45:3 49:15 58:22,24 59:4,6,7,20,21 61:2 62:14 67:21 69:15 71:4 76:19 77:8,17,24 81:25 82:5,19 83:22 85:21 88:8,11,14,19,2 2 89:11 90:11 done 30:13 49:13 53:14,20 87:6,11 drawn 51:15 drew 51:2 duly 3:22 94:8,10 duties 7:1 19:19 E earlier 4:10 20:17
58:1 63:23 64:21 67:25 68:9 easier 12:8 East 27:16 Eastern 3:4,19 educational 7:7 effort 46:23 either 17:4 22:13 68:11 94:15 elaborate 50:2 electronic 1:16,20 57:3,6 58:6,12,21 59:1 61:15,18 74:25 electronically 57:1,5 else 14:12 51:6 67:8 82:17 email 63:2 87:8 91:21 embroiled 82:15 employed 5:7 employee 5:1,5 27:11 empowered 90:5,7 empowers 89:13 endorse 71:25 86:21,25 87:2,5 endorsed 17:4 21:18 30:1,5 32:8,9,11,12,13, 14 68:4,12,13 69:1,3,5,18,20,2 1,22,23,25 70:3 71:9,13,18,19 76:16 endorsee 17:5 23:11 38:25 endorsement 22:4,13,16 23:11 34:10 35:1,4 37:8,10,13 68:16 69:6,10,13 70:8 endorsements 17:1 21:11 79:17 80:8,21 enforce 46:23 68:1,10 71:3
enforceable 37:16 engaged 45:11 53:9 enormous 85:9 entered 61:20 64:16,18 entire 9:1,2,10 entirety 56:9 entities 36:5 entity 20:24 EPPLER 94:7,22 equals 80:1 Erica 40:4,8 78:16 ESQ 2:3,7 essentially 8:17 17:22 23:15 25:19 31:4 38:25 47:20 48:9 53:13 63:14 72:12 81:13 establish 16:15 24:25 25:12,20 establishing 8:4,6 36:18 et 1:6 4:7 event 46:5 94:16 eventually 81:14 everything 36:13 37:14 82:18 exact 26:11 exactly 6:20 29:6 35:5 37:5 examination 76:19 example 45:22 58:10 59:4 exception 11:13 12:5 28:8,9 executed 22:17 26:21,24 41:9,10,12 68:19 71:12 74:8 77:16,17,24 78:4,12,16,24 82:7 83:13 85:11 execution 28:2 30:16 35:14 85:21
216-881-8000
exhibit 14:13 15:9,21 18:13,15 19:22 26:19 32:23 34:16 43:5 44:8,9 63:22,23 65:10 72:16,24 73:1 78:9,17,19,20 86:8 90:13 exhibits 12:1,2,17 14:13 33:6,23 43:17 65:3 81:24 exists 58:20 61:16 expense 46:14 expert 14:15,17,20,24 64:22 65:7 76:5,6 expires 94:23 explain 14:4 46:17 70:13,21 89:9 explains 37:5 expose 46:13 express 90:24 expressly 67:15,19 E-Y-E-S 26:23 F fabrication 83:22 face 74:12,15 75:12 facilitates 37:12 fact 14:25 21:16 28:7 35:8 40:4 48:20 49:4 67:13 68:2 75:13 84:15 85:20 fading 3:7 failed 31:4,12 familiar 12:25 13:18 14:18 17:13,14 21:15 30:11 32:16 38:21,22 59:13 63:17 Fargo 20:7 fashion 16:17 28:19 32:7
favor 22:17 71:12 fax 1:22 91:25 FDIC 31:14 71:12 72:3,11 Federal 40:5,25 feel 89:14 feels 62:16 fees 55:13 fifth 38:25 file 8:25 9:1,2,3,9,10,16, 22,23 10:1,2,3,4,18,20 ,23 11:1,3,4,8 25:25 26:8,12 29:18 32:4 33:19 41:13 42:11,21 49:9,11,15,17 56:8,23 57:2,15,16 58:2,3 59:2 60:2,16,22 61:5,13,16 62:3 66:22 71:25 90:14 filed 4:10 32:17 34:4 47:10 48:20 49:5 51:2 52:6 60:6 66:8,10,11 67:1 70:6 81:18 82:4 84:6,25 files 56:17 57:8 59:1 61:7,16,18 62:13 filing 39:10 83:4 89:5 90:22 finalizes 37:14 finding 82:22 fine 12:16 53:6 62:19 63:12 65:16,19 86:17 finish 6:1 37:7 67:5,7 86:3 firm 54:7 66:11,12,13,14, 21 67:14 82:3 first 3:22 8:25 13:14,15 18:18 20:13 27:23 33:11 35:11,20 36:6 42:17 48:24,25 68:16
72:19,24 73:1 74:14,16 75:4,14 76:13,17,25 77:3,17 90:4 94:10 five 65:17,20 Florida 52:12,14 folder 10:12 force 48:7 foreclose 49:15 82:20 87:21 89:14,16 foreclosed 49:12 89:16 foreclosing 45:23 89:18 foreclosure 9:13 32:18 34:2 38:3 39:16 46:5,8 47:10,16 48:21 49:5 51:21 56:13 67:12 83:19 86:9 89:23 foreclosures 41:13 42:21 90:22 foregoing 93:1 94:12 form 19:12 23:19 30:2 44:24 47:3,13,22 48:12 51:7 57:3,18 58:21 59:1 79:20 80:23 82:11 84:19 forward 92:5 fourth 39:1 Frantz 2:3 54:7 55:6 56:4 91:22 Frantzward.com 91:25 front 12:14 14:13 91:14 FSB 15:25 34:18 40:6 full 76:13 fully 43:15 function 66:24 67:10,16,20,24 77:5 78:25
89:3,7,17 G general 32:14 35:6 49:25 58:17 63:4,15 generally 59:15,23 64:18 generated 64:7 gets 18:1,2 64:16,18 73:21 getting 10:22 23:11 55:18 given 4:20,25 94:11,13 Goldman 15:17 16:8,18 18:3,7 21:7 22:3,5,17 24:18 25:2,12,21 35:9,10,12,20 36:7 37:17 39:1 69:22 gone 43:4 83:2,3 Gottlieb 54:5 govern 17:23 governing 19:17 25:23 26:18 37:2,19 43:2 45:3 53:24 59:20,21 67:21 69:15 71:4 89:11 90:10 graduate 7:8,17 graduating 7:21 great 3:12 group 56:20,21 61:6,8,12,13 GS 14:10 15:2,10,11,15 16:9,19 20:1,6,14 21:8 24:6 25:21 35:10,12,20 36:7,8 37:17 39:1 69:22 GSR 4:6 11:18 14:7 71:4 H Hal 3:7 5:9 12:8,15 18:16 34:6 62:22 65:5
73:2,14 91:4 half 5:4 51:20 halfway 73:8 hand 3:5,20 94:17 handled 36:17 handling 44:23 hang 65:25 91:4 happen 18:4 35:22 51:12 happened 31:11 35:23 36:25 happens 36:13 happy 5:21,24 hard 10:3,18,23 11:1 26:1,8,12 58:5 HAROLD 2:7 HARPER 2:7 haven't 10:18 54:14 having 3:22 28:24 37:12 head 61:12 heads 61:8 hear 3:7 5:20 14:3 37:9 86:22 heard 40:21 48:24 49:2 63:20 89:6 hearing 13:3 heck 39:3 held 79:6,8,11,13 hereby 94:9 herein 3:22 hereinafter 3:23 hereunto 94:17 he's 55:12 high 7:8 hired 66:17,19 67:17 hold 33:12 53:7 holder 77:19 89:17 holders 41:14 81:13 honestly 73:13 hours 6:3 house 82:21,23
216-881-8000
I ice 42:7 52:14 I'd 34:9 idea 49:10 78:12,24 Identification 73:19 identified 6:10 15:10 77:18 identify 42:13 45:21 identifying 45:12 I'll 5:21,24 39:23 63:10 80:20 86:18 92:5 I'm 5:11,15,16 6:22 7:11 9:25 10:22 11:18 12:2,3 13:9 14:19 15:9 16:7,14,22,25 17:14,15 21:14 23:24 24:5 26:4,7,13 27:4 28:16 32:10 33:10 34:1 35:16 37:7 38:17,22 42:5,16,25 49:16 52:25 53:6,7,11 54:22 55:3 58:25 60:3 61:6 62:2,15,23 63:7,12,13 64:5,8 65:3 66:9,13,25 67:9 69:16 70:13 72:6,25 73:11 74:14 77:6 78:2,19 79:9,23 80:2,14 81:9 82:2,25 85:22 86:7 87:11,14,17,19 88:16 89:1,3 image 59:3,5,11,17 79:1,7,12 80:22 immediately 7:20 implementation 6:25 improper 85:21 inaccurately 46:12 Inc 1:16,20 75:1
inception 77:12,13,14,15 includes 48:1 including 11:25 18:8 46:6,7 82:6 indemnify 90:1,8 indicate 9:16 indicated 56:8 76:19 85:8 indicates 13:22 77:11 indicating 42:21 59:7 individual 27:6 77:6 industry 7:20 76:15,21 IndyMac 15:24 16:2,4,18 18:2 21:9,10 22:2,4,16,17 25:1 30:21,22 31:3,6,11 32:13 34:18 40:6,18 68:19 72:3,4,7,12 information 5:8 10:14 43:25 58:11,12,14 61:21 62:7,9,11,12 88:1 informed 51:4 initial 12:3 13:16 26:20 27:18 28:11 74:4,5 initially 17:4 30:20 35:9 48:21 83:2 initiate 48:7 initiated 51:5,14,25 initiates 47:15 initiating 78:13 ink 79:2,17,19 80:7,9,11,13 instance 68:15 instituted 48:6 instruct 85:23 Insurance 40:5,25 insure 43:1 45:1
intended 37:16 intending 13:7 interact 48:4 49:23 50:6 interacts 56:4 interest 15:12 16:9 17:3 interested 94:15 internationally 40:17 interposed 88:13 interpretation 37:24 invest 29:12 investigate 24:18 investors 29:3,8,12,14 61:2 involve 51:24 59:17 involved 6:7 8:4 46:19 47:6 52:10 59:14 68:22 77:20 78:13 80:15 82:3 involvement 23:5 involves 54:24 involving 35:12 isn't 19:10,11 39:14 87:20 issue 24:21 26:4 47:15 88:18 89:21 issued 14:15 42:19 44:21 46:17 53:25 75:22 issues 50:7 items 10:11 it's 3:4 9:21,23,25 10:5 12:10 13:21 14:7,10,16 17:20,22 18:21 25:9 26:25 27:19 30:13 32:14,22 34:6,15,16,20 37:7,16 38:20 40:2 47:1 54:24 62:11,16
65:10,24 67:24 69:15,16,25 72:17 73:6,10,12,19,2 3 74:8 75:5,11,15 77:9 78:8 80:19 85:6,24 88:2,5 89:16 90:17 91:12 I've 5:7 32:24 43:8 44:25 62:9 78:1 J January 9:6,8 10:17,20,22 26:8,9,11 49:9 60:13 70:1,2 job 1:24 6:21 44:18 Johnson-Seck 40:4,8 78:16 joined 51:1 judge 1:6 39:22 89:9 judicial 86:13 July 90:13 June 13:5 33:19 34:4 47:11 66:11 70:7,14 71:2 94:19 jury 14:3 89:9 K Keys 26:22 knew 77:7 knowledge 16:3,6 17:9,25 24:22 26:14,15 30:23 36:13,16 38:7 49:22 50:5,17,20 51:9,17 52:13,15 54:3,9 59:5,11 60:12,15 64:13,19 66:18 67:2,22 82:5 84:2 L lack 23:17 language 29:25 76:14
last 5:4 17:5 23:11 37:9 51:20 72:6 78:20 82:10 83:17 law 22:25 54:7 66:11,12,13,14, 21 67:14 82:3 lawful 3:21 lawfully 79:6,11 lawsuit 49:1,7 51:5 54:25 66:22 67:1 70:6 82:3,15 83:1,12 85:25 lawsuits 39:11 86:4,5 lawyer 17:15 54:4 lawyers 42:13,22 52:10 55:8 layman's 21:14 least 6:3 10:17 leave 62:24 65:22 lecture 22:25 ledger 58:17 63:5,15 legal 1:16,20 46:14 48:5 55:13,18 70:17,20 legally 42:4 legitimate 57:12,22,23 84:7 85:24 lender 16:4 22:2 45:17 74:10 79:6,11 less 45:24 let's 6:21 7:6 15:20 18:18 26:7,19 66:1 letter 14:14 27:9 46:18 60:18 65:4 75:22 77:9 90:13 letterhead 14:17 letters 42:9,19,24 53:24 liability 46:14 line 10:12 93:4 list 53:1
216-881-8000
listed 11:13 28:8 listen 70:22 litigation 46:9 51:1 54:18 little 3:8,11 43:25 47:18 live 13:12 loan 4:6 8:24,25 9:1,2,3,4,9,16 11:16,19 15:12,16 16:9,10,11,12,1 5 18:6,7,8,9 21:3 22:1,8,21 24:7 25:1,21 29:4 30:18,19 31:20 35:9 38:19 47:12,21,25 49:21 50:4,9,19 53:10,15,21 57:2 58:12,14 61:17,21 62:13 64:14,15 71:5 72:4,5,8 75:11 77:12,16,21 81:3,16,17 87:9 88:4 loans 14:6 28:12,19,23 29:2,11 36:4,6 44:23 46:11 49:24 50:7,12 81:5,8 87:25 loan's 76:20 located 7:25 56:21 location 27:13 long 5:5 6:2 8:10 65:16 72:23 89:21 longer 70:2 71:17 Los 7:25 loss 54:1,2 90:1 losses 90:8 M ma'am 23:3 42:9 44:5 71:1 84:19 mainly 89:12 maintain 9:3 71:9 maintains 56:17 management 8:6
manager 6:23 managing 8:7 Mangelluzzi 1:6 4:7 5:10 32:18 39:11 47:12 48:21 49:12 61:21 70:15 90:23 Mangelluzzi's 82:21 manner 17:5 32:7 88:3 MARC 94:7,22 March 31:8 marked 11:25 12:17,18 28:9 44:12 master 13:21,24 18:19,23 19:17 20:5,7 22:8,10 30:7 37:20 69:4,9 89:12 90:5 material 61:25 matter 6:4 9:14 54:1,8 55:20 56:5,13 60:20 65:23 67:12 matters 54:8,17 90:3 may 1:13 3:3,18 6:1,2,3 10:11 15:13,22 16:20 17:7 19:13 20:19 21:20 23:20 24:11 25:8 26:10 28:14 29:19 35:14 36:10,23 41:16,24 46:13 47:4,23 48:13 50:13 51:17 52:24 54:25 55:1 63:1 71:20 77:17 82:12 83:25 84:12 85:13 86:3 87:11 88:20 maybe 73:14 76:4 McElveen 34:18 mean 28:25 35:23 37:15 51:2 55:21 61:18 62:12 68:18 82:20 84:18
89:10 mechanism 17:20 meeting 92:6 memorandum 90:13 memorandums 42:25 mentioned 25:25 MERS 38:15,17,18,19 63:17 64:5,9,17 73:19,23 74:2,3,7,9,20,21 ,25 75:3,6,11,13,14, 15 76:17,25 77:2,12,17 85:4,7,12 met 40:10 method 57:8 middle 73:5 mike 3:9 Milestone 63:17 64:6 MIN 64:1 72:20,23 73:7,18 75:9 mind 65:14 minute 32:22,25 43:5 53:7 65:2 67:4 72:15 minutes 65:20 66:3 mishandling 90:2,9 mishearing 91:15 misjudgment 90:2,9 mislead 46:6 model 17:22 MOM 38:20 moment 14:12 65:12 71:8 77:23 78:7 months 60:23 morning 33:9 43:7,17 mortgage 4:6 6:23 8:13 11:19 14:10 15:2,10,11,15,1 8 16:9,19
18:6,7,8 20:1,6,14 21:8 22:5,8 23:6 24:6 25:21 26:16 27:24 28:2 32:2 35:10,13,21 36:8 37:17 38:11,12,15,17, 20 39:1,6 41:15 44:23 46:24 64:16 69:23 70:15 71:4 72:17,22 73:5,23 74:2,3,7,12,16,2 1,25 75:4,5,7,12,15 76:15,16,25 77:3,18,19 82:7 83:13,18 84:5 mortgaged 45:24 mortgages 83:24 move 40:19 62:22 86:18 moving 62:23 multiple 15:4 37:12 Murray 78:5,11 82:7 83:14 85:3,6 N NA 20:7 National 1:3,10 4:1,5 20:8 39:4,17 nationally 40:16 native 7:13 necessarily 8:6 necessary 88:20 neither 70:8 nominee 74:10 non-MERS 74:2 no-no 39:14 nor 70:8 normal 36:3 41:10 44:18 51:13 normally 29:14 49:14 59:17 61:25 Notary 1:12 94:7,23
Notating 61:9 notation 58:7 note 11:8,12 15:4,20,21,24 16:15,17 17:3 18:1,2 20:18 22:4,13 23:6,10 24:19,25 26:16 27:24 28:2,13,20,22,2 4 29:19,23 30:1,4 32:1,8,9 35:2,6,14 38:4,9,23 39:3,5,7,11,15,1 7 41:14 46:23 59:3,18,22,25 60:1,4,5,7,10,12 63:2 68:1,3,5,10,11,1 3,16,19,21,23,2 4 69:1,7,17 70:3,8,15 71:3,9,13,17 76:15 79:2,5,7,8,10,12 ,13,15,17,18,19 80:7,8,10,11,12, 14,16,20 82:6 83:13 84:5 86:21,25 87:2,13,16,17,2 0 89:17 93:2 notes 17:24 21:16 22:12 26:10 59:14,16 63:8 83:23 87:5,11,23 note's 40:2 Notes 87:25 nothing 24:9 54:18 58:2 82:10 notice 1:15 6:11 53:24 notorious 40:16,17 November 11:17 12:6 O oath 79:8,13 object 85:22 objection 15:13 16:20 17:7 19:12 20:19
216-881-8000
21:20 22:24 23:19,23 24:11 25:3,6,14 28:14 36:10,23 40:19 41:1,16,24 42:15 44:24 47:3,13,22 48:12 50:13,23 51:7 53:16 54:10 57:18 70:10 71:20 79:20 80:23 82:11 83:25 84:8 85:13 86:18 objections 88:12 obligated 89:25 obligation 22:22 obtained 31:25 58:14 obviously 5:10 50:10 77:8 89:25 occasioned 90:2,8 occasions 4:23 28:21 occur 36:2 37:5 74:18 occurred 31:1 35:13 69:8 71:13 77:1 October 78:17 office 52:19 94:18 officers 85:11,12 oftentimes 36:17 48:16 Oh 7:13 Ohio 1:1,12,14,21 2:5,8 94:3,8,18,23 okay 3:2,7,17 11:3 12:12,13,15 14:1 15:20 16:16 18:1 19:4 20:3,13 21:25 25:25 26:12 27:18 29:22,25 31:11,17 32:7 33:12,14,25 34:3,14,20 35:8 36:16 38:2,23 44:10,15 48:16 56:7 58:1 59:10 63:10 67:25 68:15 69:12
70:1,6 71:8 72:18 75:3,10,20 76:12 78:21 79:1 90:12 91:18,24 92:3,7 ones 50:8 52:13 81:14 one's 69:21 OneWest 4:10 10:24 26:8 30:24 31:5 33:17 34:5,21 38:24 39:2,10,13,19 40:3,18 41:20,23 42:10 48:20 49:5,9,10,13,20, 24 50:1,3,18 51:15,25 53:9,14,20,23 54:2 55:8,10 56:9 60:14,17 71:12,19,24 82:9 83:9 85:4 87:8 90:22 online 26:2 onto 10:11 16:19 opinion 14:14 41:7 75:21 84:19 opinions 86:13 opposed 30:5 order 29:14 30:2 34:17 38:24 68:3 69:13 86:9 91:11 ordered 91:12 original 11:8,11,16 16:2,4 18:2,3 27:24 28:1,13,20,21,2 4 29:15,19,23 30:1 32:1,2 59:18,22,25 60:1,4,7,10,12 70:3 79:2,19 80:9,14,20 originally 7:22 26:1 55:9 68:17,18 77:2 originating 22:2 origination 68:21,23 77:20 80:12,15
ostensibly 20:25 Others 45:14 otherwise 94:15 outlines 19:19 outside 7:16 84:11 85:25 oversee 6:24 owned 24:7 79:6,11,15 owner 20:18,23 31:20 37:16 39:5,7,12,15,16 48:10,18 89:17 owners 41:14 ownership 8:18 21:2 22:1,21 23:18 25:1 32:7 38:8 69:11 76:17,20 77:1,3 81:15 owns 39:3 P p.m 1:14 3:4,18 page 27:23 34:16 38:2 44:12 61:22,25 72:19,24 73:1,5 74:16 75:4,14 76:10,11,13 93:4 page(s 93:1 pages 18:22 34:11 paid 81:2,7,9,12,14 paper 10:14 17:24 paragraph 76:13,18 Pardon 22:7 particular 8:24 30:17 36:21 56:16 57:15 68:15 parties 19:20 45:19 46:7 party 46:10 57:23,24 94:15 pass 36:6 passage 25:20 36:18 passed 25:1
passes 37:22 38:7,9 past 80:13 pay 30:2 34:17 69:13 81:4 payable 15:24 17:4 30:8 37:8,10,13 38:23 68:11,17,19 payee 16:2 18:3 38:25 68:24 paying 7:1 55:13 71:10 payment 48:7 payments 48:2 88:3 Penn 7:12,13,18,21 Pennsylvania 7:9,13,15 people 13:2 14:1 18:25 41:13 42:12 46:24 48:17 90:15 per 26:17 perceived 44:22 perhaps 6:1 period 49:21 periodically 60:24 permitted 42:20 person 55:20,22,23 56:4 personal 7:22 8:3,4 personally 12:22 81:19 personnel 49:23 persons 45:20 pertaining 8:23 9:4 26:13 61:17 87:9 Peter 1:6 phone 91:19 phrased 80:19 physical 68:4,12 pile 44:7 Pittsburgh 5:13
7:16 placed 35:2,5,6 69:6 80:9 Plaintiff 1:4 2:5 4:4 66:11 82:25 playing 39:22 pleading 78:9 82:18 84:20 pleadings 43:9 53:3 Pleas 1:1 4:8 please 3:16 12:1 18:16 26:6 80:5 point 21:14,22 31:3,5,12 52:18 53:23 55:20,21,23 69:7 72:2 82:17 84:18 88:17 Pollock 2:7 4:2 5:9 12:10,16,19 15:19 16:24 17:11 18:17 19:21 20:21 21:24 23:2,21 24:3,13 25:4,7,16 28:18 33:1,5,10,14,16, 18,21,25 34:3,9,15,22,23 36:15 37:3 39:23,25 40:23 41:2,19 42:1,4,5,8,18 43:8,13,14,18 44:2,4,9,11 45:4 47:8,17 48:3,15 50:16,25 51:11 53:22 54:13,20 55:2,23 56:3 57:25 62:23 63:4,11,16,25 65:6,11,15,19 66:1,7 67:6 68:8 70:12,18,25 71:23 73:4,16,17 75:20 76:3,6,9 79:22,24 80:6 81:1 82:14 84:3,13,17 85:16 86:1,7,14,17,20, 24 88:7 89:4,20 90:21 91:2 92:4 pool 29:11,12 pooling
216-881-8000
19:1,2,8,10,15 portions 26:2 position 8:17 41:13 possession 24:24 28:1,25 60:13 68:5,12 70:2,9 possible 3:8 31:10 59:3 Possibly 62:1 potential 41:22 potentially 84:14 practice 30:11,12 32:14 35:6 76:21 practices 45:17 preliminary 5:8 preparation 46:19 47:6 prepared 13:20 41:9 44:1,3 prepping 15:5 presence 84:11 president 6:22,23 8:21,22 34:19 presumably 61:4 prevalent 76:21 previous 15:9 22:1 32:12 previously 35:24 40:18 43:8 51:19 print 61:15,23 62:2,15 64:12 printing 61:24 prints 10:15 prior 22:19 23:6 24:15,17 32:20 83:12 privileged 54:11,14,17,19 84:10,14,15 probably 12:7 18:21 43:20 62:10 problem 13:10,11,13 33:22 50:11,22,24 51:4
procedure 19:11 56:23 57:21 proceeding 82:20 proceedings 44:14 48:6 P-R-O-C-E-E-D-IN-G-S 3:1 process 36:3 46:8,9 47:16 59:13 67:11 procured 14:21 produce 6:8 produced 6:17,18 11:24 12:20 18:11 58:22,24 88:15,22 production 6:15 88:11,13 professionals 45:11 46:6 prohibited 28:23 promissory 23:6 promoted 8:21,22 pronouncement 89:2 proper 23:10 36:18 44:13 84:25 properties 17:21 89:14 property 45:23 86:10 89:18 proprietary 9:21 62:6,17 prosecution 83:19 protect 29:14 prove 22:22 proves 23:17 provide 53:2 62:4,16 provided 30:1 provides 25:23 61:7 89:13 public 1:12 2:4 54:24 94:7,23 publicity 83:17 pull 12:1 61:22 pulled 61:20 purchase 18:6,7
22:8 25:19 81:16 purchased 15:16 18:8 purported 14:15 85:11 purpose 13:20 83:23 pursuant 1:14 4:12 30:7 53:24 88:9 89:25 90:12 Q qualified 94:8 question 5:19,21,22 15:8 22:1 23:1 27:4 39:21,24 65:7 67:18 69:12,16 70:24 71:2 80:3,18 87:22 88:21 89:1,4 questions 5:16,17 6:5 45:6 50:7 quick 26:10 quote 45:14,15,16,17 R raise 3:5,20 88:18 rather 6:4 62:24 65:24 79:2 reading 76:2 real 26:10 really 43:12 48:10 53:8,13 reason 5:19,23 17:1 53:5 58:8 59:9 recall 31:2,3,6 52:3,5 54:6 receipt 13:23 27:20 receive 10:5 11:11 26:17 28:1,9,13,20,21 62:18 81:15 received 9:24 10:2,10 26:15,16 28:6 62:14 receiver 31:15
40:6 receivership 31:7 recently 11:24 14:14 18:10 Recognition 22:9 37:21 record 3:3 4:3 45:7 49:6,7 62:25 66:5,6 recorded 1:16 94:11 Recording 1:16,20 records 9:18,20,21 11:4 28:6 52:8,19 59:24 61:9 75:9 77:11 Recourse 30:3 34:17 reduced 94:12 refer 18:25 58:18 75:20 reference 14:25 referenced 27:22 35:25 75:3,5,14 referring 5:11 15:7 24:5 25:18 64:5 66:9 80:11,14 refers 15:1,2 27:23 reflect 4:3 46:12 73:23 regard 49:24 53:14 regarding 45:18 Registration 75:1 Reimer 66:12,14 related 26:4 46:9 relative 94:14 release 56:24 57:16 58:9 61:5,7 62:7 released 9:6,8,17,24 10:20,23 11:3 26:8 49:8 58:2,8 59:8,9 60:16 61:10 70:5 releasing 60:21 relied 23:25
rely 23:13 25:24 67:10,13,20 relying 84:20 86:8 remain 30:22 remained 8:17 30:23 remember 52:16 67:9 repeat 16:23 28:17 35:16 53:11 79:9 80:4 87:14 rephrase 5:22 report 12:5 14:17,20 28:10 60:23 63:23 64:1,6,14,22 65:8 76:5,7 Reporter 3:2,6,10,14,17 86:12,16 91:5,6,9,18,24 92:3 Reports 63:18 represent 5:9 45:14,15,16 55:7 66:17 representation 55:14 representative 4:14 42:13,22 46:25 90:16 represented 5:10 54:7 55:7 representing 55:9,12 83:9 reps 23:13,16,25 24:8 25:9,24 request 6:12,14 56:23,25 57:3,6,12,14,22 88:10 requested 9:13 56:19 88:8 requesting 57:1,23,24 requests 56:17 require 59:21 74:4,5 required 11:11,13 13:9,21,24 26:17 59:20 69:15 74:11
216-881-8000
87:20 requires 68:10 researching 49:6 respect 30:17 45:25 53:10 respective 35:24 43:2 respects 81:23 respond 44:1,3 63:10 responding 56:1 responsibilities 19:19 44:19 responsibility 24:15 57:11 61:1 88:6 89:15,23 responsible 23:5 50:9 54:2 restate 5:21,22 80:20 Restated 37:21 resume 88:20 retain 11:4 46:5 55:6 retained 45:20 review 24:15 28:6 62:17 77:11 82:17 84:23 91:13,17 reviewed 9:19 12:23 14:25 32:20 75:8 77:23 78:4 81:19 83:5,6 84:9,11 85:1 reviewing 49:7 87:11 revolves 83:21 Reyes 26:22,24 Richard 54:4 right-hand 72:19 rights 72:13 Risk 14:17 75:21 ROAD 2:7 roadmap 37:4 ROBERT 1:11 robo-signer 40:17 role 6:20,22 45:21
46:12 47:19 roles 44:14 45:18 Ronaldo 26:22,24 Roughly 4:24 routine 60:20 Rule 1:9 3:25 4:12 ruled 85:24 rulings 86:6 S Sachs 15:18 16:8,18 18:3,7 21:8 22:3,5,18 24:18 25:2,13,21 35:9,10,12,20 36:7 37:17 39:1 69:22 safeguard 61:1 safeguarding 57:8 Saint 27:16 Santa 27:16 56:22 satisfy 84:24 saw 83:13 school 7:8 scribbled 27:9 seal 94:18 second 15:9,20 20:10 44:12 56:7 63:6,7 section 44:12,13 45:5 securities 6:24 8:14 14:10 15:3,11,15 16:10,19 20:1,6,7,14 21:8 24:7 25:22 35:10,13,21 36:8,9 37:17 securitization 14:7 22:19 23:7,8 32:15 36:3 45:19,24 46:13 59:19 securitizations 7:2 securitized 28:12,20 29:3,7 31:18 securitizing 46:11
seeing 60:4,10 72:25 seek 48:5 seem 29:15 71:10 seen 6:10,14 8:24,25 9:2 15:5 40:21 41:10,12 42:9,14,17,19,2 3 43:19 44:16,25 57:6 62:9 64:3,4,14,25 78:1,5 83:12 sell 79:1 82:23 seller 15:17 29:5 send 33:3,7 63:2,9 sense 41:8 62:10 sent 1:15 33:1,5 42:25 43:6,9 63:22 separate 88:10 separately 38:15,18 serial 72:21,23 series 5:15 servicer 9:6,8,13,17 10:23 20:8 30:17,19,20,22, 23 44:14 45:14,20,23 46:2,5 47:15,19,20,25 49:16 50:8 57:15 60:16,21 64:9,19 66:20 67:10,17,21 70:5 72:9 73:22 77:25 82:3,24 87:6,22 88:5 89:7,13,19,23 servicers 41:12 42:11,20 43:1 44:22,23 45:2,11 46:22 servicer's 88:6 Servicers 45:8 Services 7:23 servicing 13:22,24 18:19,23 19:1,2,8,10,15,1 8 20:5 22:10 30:7 37:20,22 45:10 47:15,25
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16:22 27:4 28:16 35:16 37:7 38:17 42:16 53:11 55:3 66:13 72:6,25 73:11 74:14 78:2,19 79:9,23 81:9 87:14 sort 57:21 sound 31:9 sounds 31:10 source 45:13 Southern 7:25 span 5:3 speak 39:13 49:13 53:19 65:4 speaking 89:21 speaks 90:19 specially 69:1 71:13 specific 6:14 45:21 68:16 69:13 specifically 14:16 16:16 35:5 55:6 69:5,18 71:18 75:3 SQUARE 2:4 ss 94:3 ST 1:13,21 stage 80:13 stamp 12:15 18:16 19:23 20:11 26:25 34:7,21 stamped 21:6 33:15,19 34:5 65:8 stamps 12:9 33:24 standard 3:4,19 18:23 19:10,11 20:4 start 3:15 6:21 18:18 26:7 started 7:22 8:14,19 starts 76:13 state 1:12 5:20 7:9,11,12,13,18, 21 47:5 94:3,8,23
216-881-8000
statement 46:2 states 17:23 52:6,7 status 58:15 60:24 step 14:11 steps 7:7 82:1 strike 40:20 string 61:4 stuff 42:11 submit 56:25 subparagraph 27:23 74:25 subsequent 16:8 78:15 Suchan 78:5,11 82:7 83:14 85:2,6 sue 70:15 sued 51:4 suffers 54:1 sufficient 79:7,12 suggests 75:15 suit 29:18 51:16 71:25 SUITE 2:4,8 summarizing 53:17 summary 53:13 64:2 summation 53:8 suppose 58:18 sure 23:9 51:18 57:12,21 60:25 61:6 81:23 82:18 83:4 91:20 sworn 3:23 94:10 system 9:21 10:5,7,10 58:7,11,22,23,2 4 61:19,24 62:6 64:9,10,17 Systems 75:1 T talk 11:15 talked 35:8 40:12,21 68:2 talking 10:2,3
11:16,18 12:3 26:5 33:10 67:25 68:9 77:7 TELEPHONE 2:3 Telephonic 1:9 term 38:21 63:20 terms 8:24 14:4 18:23 20:4 testified 51:19,20 53:1 56:12 testify 13:8,12 79:8,13 80:2 94:10 testimony 4:15 13:3 14:3 20:17 53:12,13,17 58:1 87:7 94:11,13 Thank 3:13 12:12 91:2,5 92:4,7 Thanks 91:4 that's 4:17 6:10,12 12:16 14:13 15:23 17:12,22 19:22 20:4,10 21:7 26:24 32:3 37:24 39:14 40:7 43:21 51:9 54:13 59:14 62:6,18 63:11,13 64:5,24 65:17 66:23 67:10,16,20 68:13 70:17,20 71:6 74:7 75:6,22 76:24 77:1,4 78:25 80:12 82:13 84:9,22 86:17 87:10 89:2,7 themselves 41:13 42:14 45:10 therefore 74:10 therein 6:12 there's 23:9 38:3 44:12 59:3 69:24 72:21,23 74:19,20 they're 20:23,24 35:24 43:18 48:10,17,18 49:24 60:21 81:14 89:24
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59:14 83:23 transfers 21:12 36:1 37:12 Treliant 14:17 75:21 trial 13:4 92:6 tried 84:19 true 24:10 43:21 60:6 81:24 82:19 94:12 trust 1:3,11 4:1,5,6 7:23 8:15,19 11:17,19 13:22,24 15:1 16:12 18:19,24 19:18 20:5,8,25 22:10 28:20,24 29:1,3,7 30:4,8 31:19 35:18 37:20 39:4,17 45:15,24 46:4,13 56:8 69:4,9,14 71:5 81:3,5,16 88:2 89:12 90:6 trustee 4:6 7:1 8:8 16:13 20:9 24:16 30:6 31:23 36:9 37:18,22,23 39:2,4,7,12,18 43:2 44:14 45:9,10,15,19 46:1,3,8,10,13,1 4 47:19,21 69:14,19,24 77:22 81:6 89:15 trusts 7:22 8:3,5 28:13 45:9 truth 94:10 truthful 5:18 43:12 try 79:5 82:20 83:4 trying 9:25 16:14,25 32:10 37:7 58:25 60:3 67:9 70:13 77:6 82:2 Tuesday 1:13 3:3,18 turn 65:11 76:10 turned 56:8 twice 35:19 49:12 type 9:15 13:18
14:2 21:17 28:13 58:15 60:17 91:7 typed 91:16 typical 76:15 typically 29:8 49:23 59:14,16 74:15 U UCC 21:12,15 understand 4:13 5:13,19 9:25 14:2 15:3 16:25 17:2,5,16,18 20:17 21:10,12 22:12,20,23 23:3,4 24:23 29:6 30:15 31:17,25 32:10 35:11,17 40:1 53:12 58:25 60:3 62:20 64:21 67:13,22 70:13 77:6 82:2 85:18 86:18 understanding 15:23 16:7 19:5 37:24 38:19 39:15 68:22 73:19,22,25 74:3,9,22 understood 5:17 Uniform 17:13,18 University 7:10 unless 10:14 42:12 unwarranted 46:14 up-front 43:25 upon 6:2 35:2 76:17 V validity 71:17,24 various 6:17,25 7:1 14:6 15:1 17:20,23 19:20 27:20 36:4 37:1,19 42:25 52:7 82:5 88:7,12 89:11,25 varying 45:12
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verify 82:1 versus 4:7 via 2:3 22:6 vice 6:22,23 8:21,22 34:18 view 21:14,23 viewing 64:11 violated 90:24 vs 1:5 W Wait 67:4 Ward 2:3 54:7 55:6 56:4 warranties 23:13,16,25 24:8 25:9,24 wasn't 36:18 68:16 Wayne 7:11 we'd 43:25 week 33:6,8 43:7 we'll 33:13 66:2 Wells 20:6 we're 5:25 11:11 16:18 26:17 34:12 44:6 68:22 85:2 88:5 wet 79:2,17,19 80:7,9,11,13 we've 12:14 71:11 85:1 whatever 61:22 62:3 63:3 65:23 whatsoever 24:25 67:2 WHEREOF 94:17 whether 24:10,18 26:7 60:20 62:18 64:2 84:19 Who's 14:9 widely 45:12 Wilson 34:18 wind 39:10 withdraw 15:8 39:23 witness 1:11 3:22 4:13 12:13
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216-881-8000
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LEGAL ELECTRONIC RECORDING, INC.

LEGAL ELECTRONIC RECORDING, INC.

3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P-R-O-C-E-E-D-I-N-G-S BY THE COURT REPORTER: the record. Okay. We are on

It is Tuesday, May 8, 2012.

fading in and out.

BY THE COURT REPORTER:

LEGAL ELECTRONIC RECORDING, INC.

LEGAL ELECTRONIC RECORDING, INC.

anticipate we're going to be a good while this

LEGAL ELECTRONIC RECORDING, INC.

LEGAL ELECTRONIC RECORDING, INC.

LEGAL ELECTRONIC RECORDING, INC.

trusts? A The management of it, not necessarily establishing

promoted to assistant vice president.

LEGAL ELECTRONIC RECORDING, INC.

pertaining to this loan? A We are custodian for this transaction, yes.

matter. Q Do you have a document of some type that tracks

LEGAL ELECTRONIC RECORDING, INC.

correct. Q I'm getting confused. Are you saying in January

LEGAL ELECTRONIC RECORDING, INC.

note on the closing for the transaction.

LEGAL ELECTRONIC RECORDING, INC.

marked my Exhibits S and T. marked S and 370 is marked T.

reviewed? A Q Yes. And you're familiar with, correct?

LEGAL ELECTRONIC RECORDING, INC.

13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q Correct. All right. Now, for the benefit of the people

is the first one? A

368 is the Initial Certification of Custodian,

LEGAL ELECTRONIC RECORDING, INC.

14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. But for the benefit of the people that

for just a moment to something else.

makes reference to the fact that he has reviewed

LEGAL ELECTRONIC RECORDING, INC.

multiple assignments of this note. A

I have seen two assignments in prepping for this

itself, which is Exhibit A. May 25 of 2006, correct? A Q Yes.

That's my understanding. And the note is payable to IndyMac

Bank FSB, correct?

LEGAL ELECTRONIC RECORDING, INC.

correct? A Q To my knowledge, yes. Now if I'm understanding you correctly, you're

The loan was deposited into the trust of which we

are trustee, yes. Q Well, what I'm trying to do is I'm trying to

repeat that again?

LEGAL ELECTRONIC RECORDING, INC.

with it, no. Q A Q

I'm not a lawyer.

to be? A It's a mechanism of transferring title to various

properties. Q Well, it's a model code essentially that's been

LEGAL ELECTRONIC RECORDING, INC.

well as a mortgage loan purchase agreement.

exhibit number, again.

the Bates stamp, please, Hal.

and trust agreement. Q All right. Is that what people refer to as a

LEGAL ELECTRONIC RECORDING, INC.

different agreement. Q A Okay. Of which there was not one, to my understanding,

correct. Q Isn't a pooling and servicing agreement standard?

there is a pooling and servicing agreement. However, in this transaction

Bates stamp 001, right? A Q Correct. And that is between who?

LEGAL ELECTRONIC RECORDING, INC.

stamp 0042? A Q Correct. Okay. So the first document is showing -- you

into trust ostensibly, right?

LEGAL ELECTRONIC RECORDING, INC.

LEGAL ELECTRONIC RECORDING, INC.