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Deposition of Claire Swazey, 6/5/2013

Deposition of Claire Swazey, 6/5/2013 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF PIERCE

DION R. HARGROVE,

Plaintiff,

vs.

NORTHWEST TRUSTEE SERVICES,

INC., et al.

Defendants.

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)

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No. 12-2-14656-5

DEPOSITION UPON ORAL EXAMINATION

OF

CLAIRE SWAZEY

9:03 a.m. June 5, 2013

787 Maynard Avenue South Seattle, Washington 98104

JACQUELINE L. BELLOWS CCR 2297

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Deposition of Claire Swazey, 6/5/2013

Page 2 1 I N D E X O F E X A M I
Page 2
1
I
N
D E X
O F
E X A
M
I N A
T
I
O N
2
Page
----
3
Examination
4
By Ms. Dao ------------------------------------
6
5
By Mr. Katz ----------------------------------- 115
6
7
Re-Examination
8
By Ms. Dao ------------------------------------ 117
9
10
11
12
I N
D E X
O F
E X H
I
B
I
T S
13
No.
Description
---
-----------
Marked Identified
------ ----------
14
1 Notice of Default, 4-10-10, RCO 1095
16
17
15
- 1097
2 Deed of Trust, 7-14-08, RCO 1172 -
27
27
16
1182
17
3 Assignment of Deed of Trust, 4-4-12,
RCO 1102 - 1103
45
45
18
4 Individual Message, 4-6-12, RCO 1049
46
46
19
- 1050
20
5 Individual Message, 4-6-12, RCO 1051
49
49
21
6 Beneficiary Declaration, 7-5-12,
RCO 1105
54
54
22
7 Foreclosure Loss Mitigation Form,
58
58
23
3-29-12, RCO 1094
24
8 Appointment of Successor Trustee,
4-30-12, RCO 1104
61
61
25

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Deposition of Claire Swazey, 6/5/2013

  Page 3 1 I N D E X O F E X H I
 

Page 3

1

I N

D E X

O F

E X H

I

B

I

T S

2

No.

Description

Marked Identified ------ ----------

---

-----------

3

 

9

Notice of Foreclosure, Effective date

 

67

67

4

5-15-12, RCO 1106 - 1107

 

5

10

Notice of Trustee's Sale, 5-15-12, RCO 1124 - 1127

 

73

74

6

 

11

Washington Notary Bond, 1-12-10

 

76

7

 

12

Notice of Trustee's Sale, 3-29-10

 

76

76

8

 

13

Recording Cover Sheet, 1-12-12

 

77

9

 

14

Notice of Default and Election to

 

80

10

Sell, 4-26-12

 

11

15

Notice of Default and Election to Sell, 4-26-12

 

82

12

 

16

Copy of Note, RCO 1183 - 1186

 

85

85

13

 

17

Note, RCO 1091 - 1093

 

86

86

14

 

18

Declaration of Mailing, 8-20-12,

 

86

86

15

RCO 1148

16

19

Declaration of Mailing, 9-17-12, RCO 1149

 

87

87

17

 

20

Postponement of Trustee's Sale,

 

88

88

18

8-17-12, RCO 1362

 

19

21

Notice of Postponement, 8-17-12, RCO 1142

 

88

88

20

 

22

Notice of Postponement, 9-14-12,

 

89

89

21

RCO 1143

22

23

Notice of Postponement, 10-19-12, RCO 1146

 

90

90

23

 

24

Notice of Postponement, 11-16-12,

 

91

91

24

RCO 1147

25

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Deposition of Claire Swazey, 6/5/2013

Page 4 1 I N D E X O F E X H I B
Page 4
1
I N
D E
X
O F
E
X H
I
B
I T
S
2
No.
Description
---
-----------
Marked Identified
------ ----------
3
25
Notice of Discontinuance of Trustee's
91
91
4
Sale, 2-19-13, RCO 1152
5
26
Notice of Discontinuance of Trustee's
Sale, 2-26-13, RCO 1153
92
92
6
27
Individual Message, 2-20-13, RCO 1076
95
96
7
28
Subpoena for Deposition, 6-5-13
112
8
9
10
INDEX OF QUESTIONS NOT ANSWERED
11
Page Line Question
12
14
24
"I'm asking you if you have either an increase or
decrease in your salary."
13
94
5
"Has Mr. Katz ever walked into your office and asked
14
you for access to this particular file?"
94
21
"And my question is, with regard to canceling the
15
sale, what specific instruction do you get from
Mr. Katz?"
16
17
18
INDEX OF ADDITIONAL DISCOVERY REQUESTS
19
Page Line Material Requested
20
115
7
Hargrove electronic file and nonjudicial foreclosure
checklist
21
22
23
24
25

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Deposition of Claire Swazey, 6/5/2013

Page 5 1 2 APPEARANCES 3 For the Plaintiff: 4 5 6 HA THU DAO
Page 5
1
2
APPEARANCES
3
For the Plaintiff:
4
5
6
HA THU DAO
LAW OFFICE OF HA THU DAO
787 Maynard Avenue South
Seattle, Washington 98104
7
8
For the Defendants:
9
10
CHARLES E. KATZ
ROUTH CRABTREE OLSEN, P.S.
13555 SE 36th Street 300
Bellevue, WA 98006
11
12
13
Court Reporter:
14
JACQUELINE L. BELLOWS
VAN PELT, CORBETT, BELLOWS
401 Second Avenue South 700
Seattle, WA 98104
15
16
*
*
*
*
*
*
*
*
*
*
17
18
19
20
21
22
23
24
25

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Deposition of Claire Swazey, 6/5/2013

  Page 6 1 2 CLAIRE SWAZEY,   having been first duly sworn by the
 

Page 6

1

2

CLAIRE SWAZEY,

 

having been first duly sworn by the Court Reporter, appeared and testified as follows:

 

3

4

5

6

E

X

A

M

I

N A

T

I

O N

7

BY MS. DAO:

 

8

Q

Good morning, Ms. Swazey.

My name is Han Dao, and I

 

9

represent Dion Hargrove, the plaintiff in this case. And I

10

just want to go through a few ground rules with you.

 

11

Have you ever gotten your -- well, first of all, please

12

state your name and your address for the record.

 

13

A

My name is Claire Swazey. And I don't divulge my address or

14

other personal information.

 

15

Q

You can give your work address if you want.

 

16

A

Oh, okay. Certainly. It's 13555 Southeast 36th, Suite 100,

17

Bellevue, Washington. I think the zip is 98006.

 

18

Q

And please give the court reporter the spelling of your last

19

name.

20

A

S-W-A-Z, like zebra, E-Y.

 

21

Q

Have you ever been deposed before?

 

22

A

Yes.

23

Q

And how many times?

 

24

A

I don't remember how many. Several.

 

25

Q

More than three?

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Deposition of Claire Swazey, 6/5/2013

  Page 7 1 A Don't remember.   2 Q More than two? 3 A
 

Page 7

1

A

Don't remember.

 

2

Q

More than two?

3

A

Don't remember.

4

Q

More than one?

5

A

Probably.

6

Q

Do you remember when's the last time you were deposed?

7

A

I don't.

8

Q

Can you even guess how long ago it was?

 

9

A

About 15, 18 years.

10

Q

Okay.

So is it fair to say that none of these depositions

11

have anything to do with your job at Northwest Trustee?

12

A

Which depositions?

 

13

Q

The depositions that --

14

A

Before?

15

Q

-- where you were testifying.

 

16

A

Yeah, they did not.

17

Q

The ground rules are that the proceedings are recorded. And

18

so I need you to be audible:

Yes, no.

Don't nod.

Don't

19

shake your head 'cause Jackie can't capture any of that.

20

A

Got it, yeah.

 

21

Q

The questions that I'm asking you, I would like for you to

22

think about them thoroughly before answering.

 

23

A

Uh-huh.

24

Q

And no uh-huh.

 

25

A

Okay.

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Deposition of Claire Swazey, 6/5/2013

  Page 8 1 Q Audible yes or no. If you need to take a
 

Page 8

1

Q

Audible yes or no.

If you need to take a break, let me

2

know; but finish your answer before you get the break.

3

A

I understand.

4

Q

All right. Did you take any actions before you came here

5

today to prepare for this deposition?

6

A

Yes.

7

Q

Can you tell me what that was.

I'm not going to ask you

8

anything about what you told Mr. Katz or your conversation

9

with him but just the steps. I attended a class on giving depositions. I mean on testifying.

10

A

11

12

Q

When was that?

13

A

Well, it's not testifying.

14

Q

When was this class?

15

A

A couple months ago.

16

Q

You took a class in how to attend depositions; correct?

17

A

Yeah.

18

Q

And who gave this class?

And where did you take it?

19

A

My firm gave it.

It was at the address I gave you.

20

Q

Your firm is Northwest Trustee?

21

A

No. It was actually given at Routh Crabtree Olsen.

22

Q

Was the class given to a number of people or just you?

23

A

A number of people.

24

Q

And what else did you do beside taking this class?

25

A

Nothing.

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Deposition of Claire Swazey, 6/5/2013

  Page 9 1 Q Did you look at any files? 2 A No. 3
 

Page 9

1

Q

Did you look at any files?

2

A

No.

3

Q

With regards to the file for Dion Hargrove and this

4

property -- and I just want to state the address:

9817 66th

5

Avenue East in Puyallup -- did you look at any papers, any

6

documents before you came here?

7

A

No.

8

Q

Did you look at your computer screens or search your

9

database for information relating to the case?

10

A

No.

11

Q

Are you under any kind of medications or conditions that

12

would influence the -- your ability to recall or answer

13

questions today accurately and completely?

14

A

No.

15

Q

Without reviewing any documents before you came, did you

16

bring any documents with you?

17

A

No.

18

Q

We -- I gave a subpoena to Mr. Katz.

Did you have a chance

19

to look at the particular subpoena I sent?

20

A

Yes.

21

Q

It asks for a number of documents.

You did not bring any

22

today?

23

A

I did not bring any today.

24

Q

Was it at the directive of Mr. Katz, or did you on your own

25

decide that you were not going to bring any?

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Deposition of Claire Swazey, 6/5/2013

  Page 10 1 A I decided not to bring any. 2 Q Your reason
 

Page 10

1

A

I decided not to bring any.

2

Q

Your reason for that?

3

A

He's taking care of that.

4

Q

Let me clarify.

You decided to allow him to take care of

5

that, or you decided not to provide any documents?

6

A

They have been provided to Mr. Katz.

7

Q

Oh, they were?

8

A

Yes.

9

Q

You provided them to him, and you allowed him to take care

10

of that for you?

11

A

Yes.

12

Q

Is Mr. Katz here as your attorney?

13

A

Yes.

14

Q

Is he your personal attorney?

15

A

He's representing me in this matter.

16

Q

You're not being sued. You understand that?

17

A

Yes.

18

Q

Without looking at the documents, are you comfortable

19

answering the questions I'm going to ask, 'cause I'm going

20

to go through a lot documents? Or are you telling me that

21

you're going to go strictly by your recollection and you're

22

not going to be able to do that?

Do you understand the

23

question I'm asking?

24

A

Given the documents named, I would be comfortable discussing

25

them.

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Deposition of Claire Swazey, 6/5/2013

  Page 11 1 Q Great. Okay. Thank you for that. 2 How long --
 

Page 11

1

Q

Great.

Okay. Thank you for that.

2

How long -- okay.

First of all, you are employed by

3

Northwest Trustee?

4

A

Yes.

5

Q

And tell me about your history of employment, starting out

6

when you were first hired until up to today.

7

A

Okay.

I will.

I started April 15, 2009.

8

Q

What was the position at that time?

9

A

It is -- well, it was then called analyst.

10

Q

What's that? I'm sorry.

 

11

A

The position title was at the time called analyst.

12

Q

Tell me the scope of that job.

13

A

I -- the job is to run a team of individuals who perform the

14

statutory steps of the nonjudicial foreclosure process.

15

Q

How big was the team in 2009?

16

A

2009 I was in training.

It was just me.

17

Q

Then what happened next?

18

A

In 2010 I got a team.

19

Q

How big is that team?

20

A

Three people other than myself.

21

Q

And did your title remain analyst, or did it change in 2010?

22

A

It did not change in 2010.

 

23

Q

What happened after 2010?

24

A

Around 2011 that title for all teams was changed to

25

foreclosure team manager.

 

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Deposition of Claire Swazey, 6/5/2013

  Page 12 1 Q Did that mean a promotion to you? 2 A No.
 

Page 12

1

Q

Did that mean a promotion to you?

2

A

No.

3

Q

In 2011 did the team grow in size?

4

A

No.

5

Q

So it's four people total?

6

A

Yes.

7

Q

And what happened after 2011?

8

A

I don't understand the question.

9

Q

Did the team size change? Did your position as team manager

10

change?

11

A

No to both.

12

Q

Did your salary change?

13

A

I don't discuss salary.

14

Q

I'm just asking you whether it changed or not.

15

A

I'm trying to remember. Yes, I believe there was a change.

16

Q

A change for the uptake, meaning an increase? I'm not

17

asking you for numbers. I'm just asking whether it went up

18

or down.

19

A

I'm not comfortable discussing what I make with you.

20

Q

I'm not asking you what you make. Understand. The ques --

21

A

You're asking me about increases.

22

Q

And I asked what direction. I'm not asking for a number.

23

A

Well, I don't want to discuss it.

24

Q

You don't have a choice. Now, if your lawyer instructs you

25

not to answer, then we'll stop and we'll table the question.

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Deposition of Claire Swazey, 6/5/2013

  Page 13 1 We'll ask the judge to decide. But you are not at
 

Page 13

1

We'll ask the judge to decide.

But you are not at liberty

2

to say "I don't want to answer."

3

MR. KATZ:

I'm going to object to that.

The

4

witness has answered the question the way she's going

5

to answer the question.

6

Q

(By Ms. Dao) So you can answer.

If you know the answer, you

7

can answer.

If you refuse, I'm going to ask him to

8

basically put it on the record. Again I'm only asking you

9

for a directional question. It's either up or down.

10

Did your salary change for the increase or the

11

decrease? I'm not asking you how much.

12

A

Mr. Katz already stated that I've answered the question the

13

way I've answered the question.

14

Q

No, you have not.

15

MS. DAO:

So let me clarify, Mr. Katz.

Are you

16

instructing her not to answer?

17

MR. KATZ: I haven't instructed her anything. All

18

I stated was she's answered the question the way she's

19

going to answer it.

I can't compel her to make any

20

certain type of answer. So you've asked her a personal

21

question. She's given you an answer. If she doesn't

22

want to answer the question, I can't make her do that.

23

MS. DAO:

I'm not asking you to "make her."

24

Q

(By Ms. Dao) Let me say this again, Ms. Swazey:

You have to

25

answer the question whether you like it or not. And until

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Deposition of Claire Swazey, 6/5/2013

  Page 14 1 and unless he tells not to, you will give an answer.
 

Page 14

1

and unless he tells not to, you will give an answer.

2

A

I'm not giving personal information to you.

3

Q

Not personal --

 

4

A

I consider that personal information.

 

5

Q

You're not listening to me. It's not your decision to make.

6

I ask the questions. You give the answer.

 

7

A

Not if it's personal. Sorry.

8

Q

Let me ask you the question again. I'm not asking how much

9

you make, how much you gained. Do you understand that?

10

There's nothing personal about that. The question --

 

11

MR. KATZ: Don't argue with her, please.

12

MS. DAO:

I am not done.

Let me finish my

13

question.

14

MR. KATZ: You can question. Just don't argue

15

with her.

16

MS. DAO:

I'm not arguing.

17

Q

(By Ms. Dao) I'm explaining to you.

 

18

A

Isn't a gain an increase?

19

Q

I'm asking you -- no, I'm sorry.

20

What was your answer?

You had a gain in salary in

21

2000 --

 

22

A

No.

I'm taking what you said. You said I'm not asking you

23

about any gains.

 

24

Q

I'm asking you if you have either an increase or decrease in

25

your salary.

 

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Deposition of Claire Swazey, 6/5/2013

  Page 15 1 A That's a personal question that I decline to answer. 2
 

Page 15

1

A

That's a personal question that I decline to answer.

2

MS. DAO: For the record, the witness has refused

3

to answer the question.

4

Q

(By Ms. Dao) In -- as a team manager, describe your duties

5

for me.

6

A

Okay.

I oversee a number of files that are assigned to my

7

team. I oversee all the steps of the nonjudicial

8

foreclosure process and supervise my team as they do those

9

things. And I oversee it from the beginning, when we

10

receive a referral, to the very end when we take it to sale.

11

Q

Did you do some of the work yourself in addition to

12

supervising other team members?

13

A

Yes, I do.

14

Q

Then what do you -- when you say "oversee," what exactly do

15

you do?

16

A

Well, it's like a -- it's a supervisory position.

So I

17

ensure that their work is done.

18

Q

And this team of yours, do you focus on a particular loan

19

type? Servicers? Or do you take assignments at random?

20

A

It's any file that is assigned to my team.

21

Q

Who does the assignment?

22

A

The firm.

23

Q

And "the firm" being Northwest Trustee?

24

A

Yes.

25

Q

How is the assignment process carried out?

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Deposition of Claire Swazey, 6/5/2013

  Page 16 1 A The files are designated -- various types of loans and
 

Page 16

1

A

The files are designated -- various types of loans and

2

servicers are designated to different teams as a division of

3

labor.

4

Q

What does your team do? What kind of servicers and what

5

kind of loans?

6

A

Mostly Washington; major mortgage companies and banks;

7

mostly conventional Fannie Mae, FHA, VA. And I also handle

8

all the Washington nonjudicial reverse-mortgage referrals

9

for the company.

10

Q

In particular, your duties relating to foreclosure in this

11

case, do you have recollection of this file? Do you know

12

which file we're talking about?

13

A

I have a very vague recollection.

14

MR. KATZ:

Just for the record, you mean the

15

Hargrove file? MS. DAO: Correct. [Deposition Exhibit No. 1 marked.]

16

17

18

Q

(By Ms. Dao) The court reporter handed to you Exhibit 1 to

19

your deposition.

I want you to take a look at Exhibit 1,

20

and take your time.

21

A

Okay. [Complies.]

22

Q

Did this jog your memory about your work, your personal work

23

on the case?

24

A

No.

25

Q

At all?

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Deposition of Claire Swazey, 6/5/2013

  Page 17 1 A No, ma'am. 2 Q Do you have any doubt that
 

Page 17

1

A

No, ma'am.

2

Q

Do you have any doubt that that document, Exhibit 1, which

3

is the Notice of Default that I handed you, is one of the

4

documents that you prepared?

5

A

No, I have no doubt of that.

6

Q

And you don't have any recollection about putting it

7

together? Is that what you're saying?

8

A

Correct.

9

Q

So is it your testimony that you don't have any specific

10

recollection to offer me as far as my client's file, the

11

Dion Hargrove property?

12

A

I have nothing specific. I do recall having the Dion

13

Hargrove file, and that's just about it.

14

Q

All right. So let's talk about how Exhibit 1 came about.

15

Can you tell me what you know about Exhibit 1.

16

A

Yes. This was issued because he was behind and in default

17

on his mortgage payments and I was asked to proceed to

18

foreclosure.

19

Q

Who asked you?

20

A

I was asked by my client, City Mortgage, Incorporated.

21

Q

How did you get asked by City Mortgage?

22

A

I received a referral from them asking me to foreclose on

23

the subject property.

24

Q

What is the method of that referral? How was it transmitted

25

to you?

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Deposition of Claire Swazey, 6/5/2013

  Page 18 1 A They send them to the company, and the company then
 

Page 18

1

A

They send them to the company, and the company then sends

2

them to the individual foreclosure team manager.

3

Q

What's the format for that? Is it paper form?

Is it

4

electronic? Is it email?

5

A

We receive electronic notifications.

6

Q

Tell me how you personally got it in this case.

7

A

We receive it from the client. Once it's received by the

8

firm's automation division, the firm then notifies me that I

9

have this file.

10

Q

And the notification is via email?

11

A

The notification is in my system. They send me an alert;

12

and, when I click on the alert, it tells me which file and

13

that it's, in this case Mr. Hargrove, this subject property.

14

15

Q

When you refer to "system," are we talking about computer

16

system?

17

A

Yeah, our computer system.

18

Q

What's the name of that program?

19

A

File Tracking System.

20

Q

This is -- the transmission that you got, you said from the

21

company, not from City Mortgage directly?

22

A

Correct.

23

Q

So you got alerted to a new referral?

24

A

Correct.

25

Q

And you open it up?

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Deposition of Claire Swazey, 6/5/2013

  Page 19 1 A Yes, ma'am. 2 Q You indicated that City Mortgage is
 

Page 19

1

A

Yes, ma'am.

2

Q

You indicated that City Mortgage is a client.

3

A

Yes.

4

Q

Now, the day of Exhibit 1 is April 10, 2012.

Can you just

5

take a look and confirm for me.

6

A

[Complies.] That is the date of the notice of default.

7

Q

Can you tell me when City Mortgage became a client of

8

Northwest Trustee?

 

9

A

No.

I don't know.

10

Q

How do you know that they are a client?

 

11

A

Because I receive work from them.

12

Q

Beyond that, how do you know that they are -- that they have

13

a client relationship with your company?

 

14

A

Because my company told me: Claire, City Mortgage,

15

Incorporated, is your client.

 

16

Q

Who told you that and when?

17

A

Jeff Stenman in 2010.

18

Q

Is it fair to say that City Mortgage is a long-term client?

19

You're still doing work for City Mortgage?

 

20

A

Yes; that's fair to say.

21

Q

When you received the alert, tell me about the alert itself.

22

Was it -- did it come from Northwest Trustee?

 

23

A

Yes.

24

Q

Did it come from an individual and who that person was?

25

A

It came in our computer system.

So it's not from a person.

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Deposition of Claire Swazey, 6/5/2013

  Page 20 1 It's from the computer system. 2 Q And what did that
 

Page 20

1

It's from the computer system.

2

Q

And what did that alert contain?

3

A

It contained a sort of hyperlink where I click, and it takes

4

me to this file, file number here.

5

Q

So the hyperlink, now that takes you to file No. 730725623;

6

correct?

7

A

Correct.

8

Q

Is that a file number that is generated by Northwest

9

Trustee?

10

A

Yes.

11

Q

And so now you get hyperlinked to another system, or is it

12

the same system?

13

A

It's our -- it's my system.

It will actually take me to my

14

electronic file on which I will work.

15

Q

Are we talking, still, about the File Tracking System?

16

A

Yes.

17

Q

When you got to this link and you opened it up, what did you

18

see? What information were you provided with?

19

A

The file, the subject property address, the borrower name,

20

the default information, the client, the date it was

21

referred, that's -- and the arrearage.

22

Q

And all of this information were provided to you via the

23

hyperlink.

So is it fair to say that there was no papers?

24

A

That's correct.

25

Q

And do you know who input the data into the system for you

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Deposition of Claire Swazey, 6/5/2013

  Page 21 1 to look at? 2 A It was put in by automation.
 

Page 21

1

to look at?

2

A

It was put in by automation.

They have some sort of

 

3

interface. I'm not familiar with it.

4

Q

"They" as in Northwest Trustee --

5

A

Northwest Trustee's automation has some sort of interface

6

with which, forgive me, I'm not familiar; and it interfaces

7

with the origin point of the referral, from City Mortgage in

8

this case. And then the information is then populated to a

9

file for me.

I'm not party to any of that.

10

Q

Do you have any idea -- so first of all, is it fair to say

11

that you don't know where the data came from, other than the

12

interfacing in general?

 

13

A

I'm sorry. I'm not understanding.

14

Q

Do you know where the data came from?

15

A

Oh, data. Where the data came from?

16

Q

Yes.

17

A

The origin point would have been City Mortgage.

 

18

Q

You're guessing?

19

A

No. the origin point would have been, will be City Mortgage

20

on its referral.

21

Q

And how do you know that?

 

22

A

Because it comes from City Mortgage to us.

23

Q

Okay. And explain that for me.

24

A

Well, when I go into my file, I can see their referral.

25

There's a referral sheet that is imaged for me that is from

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Deposition of Claire Swazey, 6/5/2013

  Page 22 1 my client, City Mortgage. 2 Q You're talking about the image
 

Page 22

1

my client, City Mortgage.

2

Q

You're talking about the image having designations or labels

3

pertaining to City Mortgage?

4

A

Yeah. It's their letterhead.

5

Q

That's what I'm trying to get at. These are indicators.

6

Because you just told me that you have no idea about the

7

origin as where the data came from the interfacing; correct?

8

A

Right.

The IT, from the IT standpoint, you know, I don't.

9

But when I look at a client referral that has my name and

10

their name on it, their letterhead, then I know that they

11

have truly referred the file to me and when.

12

Q

And the hyperlink gives you all the information regarding

13

the default and need for foreclosure. Is that fair to say?

14

A

The hyperlink itself is the means to take me to my file.

15

It's my file that has that data in it.

16

Q

Okay. And when you went to the hyperlink, what did you do?

17

Did you download the file and save it onto your computer, or

18

is it stored in the cloud somewhere that you can just sign

19

on and go to it whenever you want?

20

A

When I'm in that system to get -- to look at the hyperlink

21

and click upon it, I'm in File Tracking.

So when I click

22

upon it and I'm immediately taken to my file, I'm still in

23

File Tracking in a file already created. So that file's

24

already there and does not have to be created. They have

25

basically told me: Look, Claire, we've created this file

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Deposition of Claire Swazey, 6/5/2013

  Page 23 1 for you. 2 Q When you say "they," you're referring to
 

Page 23

1

for you.

2

Q

When you say "they," you're referring to the computer?

3

A

Yes.

4

Q

I just want to make sure.

5

And the information that is contained in the notice of

6

default, Exhibit 1, did it come from your file entirely?

7

A

Yes.

8

Q

So you drew the information from this file system called

9

File Tracking?

10

A

Yes.

11

Q

And you obtained information from that system to compose or

12

to prepare the notice of default?

13

A

Yes.

14

Q

And when you look at Exhibit 1, do you recall whether you're

15

the person that prepared the notice of default or someone

16

else, like a team member, who did that?

17

A

I don't recall which one of us did it.

18

Q

Even though Exhibit 1 has your name on it, is that an

19

indicator that you might have done it or not?

20

A

No.

It is an indicater that I am the contact.

21

Q

So tell me a little bit about how -- or not a little bit.

22

But tell me to the best of your ability how this notice of

23

default, Exhibit 1, got put together.

24

A

Okay. The team member, whoever's working it, will review

25

all of the information from the client that has been

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Deposition of Claire Swazey, 6/5/2013

  Page 24 1 provided and imaged. They will review the copy of the deed
 

Page 24

1

provided and imaged. They will review the copy of the deed

2

of trust; and then they will review the information that is

3

in File Tracking, FTS for short.

4

Q

FTS?

5

A

Yeah, it's the abbreviation. It might be easier to say.

6

They ensure accuracy and that all the information

7

matches up and that the addresses in the mailing matrix are

8

correct and complete. And then they, then, electronically

9

prepare the notice of default.

10

Q

So electronically preparing it means what?

11

A

Well, we're paperless. So when you draft a -- when we draft

12

a document, we prepare it electronically. It is drafted and

13

then imaged to the file and then subsequently sent out.

14

Q

By looking at Exhibit 1, you're not sure whether you're the

15

one that actually did the preparation?

16

A

Correct.

17

Q

And since you don't know for sure if you or someone else, is

18

it the case that team members would perform the duties that

19

you just described and put your name on it as a contact?

20

A

My name would go on any notice.

21

Q

Any and all?

22

A

Correct. Any foreclosure notice that goes out to the

23

borrower from my team, as opposed to anyone else's team,

24

will have my name on it as the contact.

25

Q

So who are the members of your team? What are their names?

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Deposition of Claire Swazey, 6/5/2013

  Page 25 1 MR. KATZ: Can you clarify the time frame for 2 members
 

Page 25

1

MR. KATZ:

Can you clarify the time frame for

2

members of the team?

3

Q

(By Ms. Dao) In 2012 when this notice of default was

4

prepared.

5

A

Okay. In 2012 I had Benjamin Lynch; Diana Curd, C-U-R-D;

6

and Kristin Mayne, M-A-Y-N, like Nancy, E.

7

Q

Just so I can be absolutely sure, were you involved in April

8

of 2012 in the preparation of notices of default at all?

9

A

Occasionally, when I pitch in to help, I will run notices.

10

Q

Would that be fair to say that that's a seldom occurrence as

11

opposed to a daily occurrence?

12

A

I would say more occasionally than seldom. It's as needed

13

basis. Yeah, "occasionally" would be a better word than

14

"seldom." I think "seldom" makes it sound like it almost

15

never happens, and that's just not true.

16

Q

And you pitch in when what? The volume is getting too high?

17

You're short handed? Tell me when you would pitch in.

18

A

Both of those, when I feel the volume is high, when I'm

19

shorthanded, which one often goes with the other. But

20

either way, either or both of those occurrences are an

21

occasion for me to pitch in and help and do whatever needs

22

to be done including but not limited to running notices.

23

Q

If Exhibit 1 doesn't jog your memory about whether you

24

actually prepared it, what would you do if a member of your

25

team had prepared it and put your name on it?

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Deposition of Claire Swazey, 6/5/2013

  Page 26 1 A They would submit it for review, and either I would
 

Page 26

1

A

They would submit it for review, and either I would review

2

it, or a team lead could review it.

3

Q

Of the individuals whose names you just mentioned, in this

4

instance, Exhibit 1, who would have reviewed Exhibit 1?

5

A

I would have reviewed it.

6

Q

But you're not sure?

7

A

I know I was reviewing all the notices of default.

8

Q

How did you review Exhibit 1?

9

A

I cross checked everything in the electronic file against

10

the notice.

11

Q

And basically that's just you're -- that's the task of

12

visual inspection: Reviewing the information against the

13

paper copy?

14

A

Right I would have reviewed all these data that are specific

15

to Mr. Hargrove, to this particular file. I would have

16

reviewed all that specific data against the information

17

provided to us by the client and by our title company.

18

Q

You mentioned that you were given access to a copy of the

19

deed of trust in the case.

20

A

Correct.

21

Q

And the access -- the deed of trust that you had access to

22

in the Hargrove case, what kind of format did you have

23

access to?

24

A

What I do recall for sure about this file is that, because

25

on every single file I received a copy, a recorded copy,

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