O.

O Max
M Gardner
G d III

M Gardner’s
Max G d ’
Bankruptcy
Boot Camps
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 EXCERPTS FROM
DEPOSITION OF
JEFFREY D
D. STEPHAN
GMAC MORTGAGE
 DEPOSITION OF
JEFFREY D. STEPHAN
S

June 7, 2010
10:10 o’clock a.m.
Susan B
B. Berkowitz
Registered Court Reporter and
Notary Public in the Commonwealth
of Pennsylvania
PROUDLY EXECUTING
UP TO 10,000
FAKE DOCUMENTS
PER MONTH
Q When you sign a summary
Q.
judgment affidavit, do you check to
see if all the exhibits are attached to
it?
A: No.
Q Does anybody in your department
Q.
check to see if all the exhibits are
attached to it at the time that it is
presented to you for your signature?

A: No.
Q: When you sign a summary
j d
judgment affidavit,
ffid i d do you iinspect
any exhibits attached to it?

A: No.
Q: My question to you is,
is where does
a summary judgment go after you
sign it?

A. After I sign
g it,, it is handed back to
my staff. My staff hands it to a notary
for notarization. It is then handed
back to my staff. They send it back to
the network attorney y requesting
q g any
y
type of affidavit through the LPS
system
y and Signature-
Signature
g -Required
q
function.
Q. So you do not appear before the
notary; is that correct?
A I do
A. d not.
t
Q. Mr. Stephan, do you recall
testifying in your Florida deposition in
December of 2009 that you rely on
your attorney network to ensure that
the documents that you receive are
correct and accurate?

A. That is correct.
Q. Your department
Q p does not do any
y
independent check of the accuracy of
the information on the summaryy
judgments coming to you; isn't that
correct?
A. I review, quickly, the figures. Other
th
than that,
th t that's
th t' about
b t it.
it
Q. When you receive a summary
judgment affidavit to sign, do you
read every paragraph of it?

A. No

Q. What do you read?

A. I look for the figures.

Q
Q. That's
That s all that you look at when
you sign a summary judgment
affidavit?

A Yes,
A. Yes to ensure that the figures are
correct.
Q. Is it fair to say then that when you
sign a summary judgment affidavit,
you do not know what it says, other
than what the figures are that are
contained within it?
Q L
Q. Lett me restate
t t the
th questions.
ti It
fair to say that when you sign a
summary judgment
j d e t affidavit,
ffid it you
o
don't know what information it
contains other
contains, othe than the figures
fig es that
are set forth within it?

A. Other than the borrower's name,

and if I have signing authority for
that entity. That is correct.
Q Th
Q. The practice
ti that
th t you've
' just
j t
described for signing summary
j d
judgment
e t affidavits
ffid it iis the practice
ti e
that you use signing all summary
j dgment affidavits
judgment affida its that you
o handle;
handle
is that correct?

A. The practice that I use for

summary judgment affidavits is the
same practice that I use for all
affidavits.
affidavits
Q. And that's the one that you've just
described?
A: Yes.

Q. Does GMAC do any quality

assurance training
i i for
f your
department?

A: Presently, no.
Q Has it in the past?
Q.

A: I do not know
know.

Q.
Q YYou d
don’t
’t recall
ll any?
?

A: I never received any.

Q. In y
Q your practice
p of signing
g g3
summary judgment affidavits, Mr.
Stephan,
p , is it correct that they
y always
y
have a paragraph containing the
numbers of the amounts claiming g to
be due?

A That
A. Th t would
ld be
b correct.
t
Q. And is it correct that when you sign
those affidavits, you don't know
whether any other part of the
affidavit is true or correct?

A. Please advise me. What do you

mean by y "any
y other part"?
p
Q. Any other paragraph, other than
the one containing the numbers.
numbers

A: I review it for the due date,

date if
that's included in there.

Q. So all of them --

A: So that would be the numbers.

Q S
Q. So other
th th
than the
th due
d date
d t And
A d the
th
balances due, is it correct that you do
nott know
k whether
h th any otherth partt off
the affidavit that you sign is true?

A. That could be correct.

 Max Gardner’s
Ma
Bankruptcy
p y Boot Camps
p
PO Box 177
Casar NC 28020
704.418.2628
04 418 2628 (M
(Max Di
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