DEUTSCHE BANK NATIONAL TRUST COMPANY,AS TRUSTEE FOR JPMAC 2007-CH5 - J.P.MORGAN CHASE BANK NATIONAL ASSOCIATION,Plaintiff,VERSUS ROBERT H. OBRIENCASE NO. 50 2008 CA 018964XXXX MBGeneral Jurisdiction DivisionDivision: A WWhen speaking in generalities, it’s difficult for folks to understand what lawyer, judges and informed consumers are ranting about when we scream, “THE BANKS, LENDERS AND FORECLOSURE MILLS ARE COMMITTING FRAUD!”Attach is a deposition transcript of Angela Melissa Nolan, a robo signer at Chase Home Finance. In the deposition, she describes in detail some of the corporate processes in place that purport to give pretender lenders the evidentiary basis to pursue foreclosure cases….I’ve called these people “Robo Signers” because prior depositions indicated they don’t read anything…they just sign. This deposition reveals another form of “Robo Signer”, a computer generated document, complete with a “real” signature scanned in…..and the rabbit hole just gets deeper and deeper...4closureFraudFlorida Foreclosure DefenseLaw Offices of Carol C. Asburywww.FightTheBanksNow.comDon't forget to also see:Full Deposition of the Soon to be Infamous Cheryl Samons RE: Deutsche Bank National Trust Company, As Trustee for Morgan Stanley ABS Capital Inc, Plaintiff, Vs. Belourdes Pierre – 50 2008 CA 028558 XXXX MBAndFull Deposition of the Infamous Erica Johnson Seck RE: Indymac Federal Bank Fsb, Plaintiff, Vs. Israel a. Machado – 50 2008 CA 037322xxxx Mb
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IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA * * * * * * * * * * * * * * * * * * * * DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR JPMAC 2007-CH5 - J.P. MORGAN CHASE BANK NATIONAL ASSOCIATION, Plaintiff, VERSUS
CASE NO. 50 2008 CA 018964XXXX MB General Jurisdiction Division Division: A W
ROBERT H. OBRIEN; THE UNKNOWN SPOUSE OF ROBERT H. OBRIEN; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; CHASE BANK USA, NATIONAL ASSOCIATION; TENANT #1, TENANT #2, TENANT #3, and TENANT #4 the names being fictitious to account for parties in possession, Defendants.
* * * * * * * * * * * * * * * * * * * *
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* * * * * * * * * * * * * * * * * * * * Taken At: Chase Home Finance 780 Delta Drive Monroe, Louisiana 71203 * * * * * * * * * * * * * * * * * * * * Reported By: MARGARET A. COPELAND CERTIFIED COURT REPORTER CERTIFICATE NO. 92160 PARISH OF OUACHITA STATE OF LOUISIANA
FOR PLAINTIFFS: FLORIDA DEFAULT LAW GROUP 9119 Corporate Lake Drive, Suite 300 Tampa, Florida 33634 appearing herein by and through Mr. Joseph Mancilla
FOR DEFENDANTS:
ICE LEGAL, P.A. 1975 Sansburys Way, Suite 104 West Palm Beach, Florida 33411 appearing herein by and through Mr. Dustin A. Zacks * * * * * * * * * * * * * * * * * * * * INDEX OF EXHIBITS
It is stipulated and agreed between counsel that this deposition of ANGELA MELISSA NOLAN is taken pursuant to
Notice by counsel for defendants, and may be used for all purposes permitted by the Florida Code of Civil Procedure. All objections except as to the form of the question and responsiveness of the answer are reserved until such time as the deposition is offered and introduced into evidence. * * * * * * * * * * * * * * * * * * * * The witness, ANGELA MELISSA NOLAN, was advised of her right to read and sign this deposition, and she elected to exercise that right.
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as follows:
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ANGELA MELISSA NOLAN, being first duly sworn, testified
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* * * * * * * * * * * * * * * * * * * *
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MR. ZACKS:
Okay.
For the record, this is
Dustin Zacks in the case of "Chase Bank versus OBrien." (To Mr. Mancilla): And, Joe, do you want
Page 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 to make your appearance? MR. MANCILLA: the plaintiff. Yes. This is Joe Mancilla for
I'm with the Florida Default
Law Group in Tampa. EXAMINATION BY MR. ZACKS: Q please. A Q A Q A Q Angela Nolan with J.P. Morgan Chase. And your business address, please?
And if you could say your name for the record,
780 Delta Drive, Monroe, Louisiana 71203. And your title? Vice-president. Okay.
MR. ZACKS TO WITNESS: deposed before? WITNESS:
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MR. ZACKS:
finish my entire question just for the Court Reporter's sake. She can't type it up for the
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Have you ever been
I have not. Okay. The big things are let me
record when we're talking at the same time. Also, make sure you say yes or no. When we
get some people who say uh-huh, it doesn't work for the record. And the other issue is You can always
sometimes Joe will object.
answer after that, unless he instructs you not
Page 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 Q to. WITNESS: MR. ZACKS: Okay. And, also, if you have any
questions, if you need me to clarify a question, just go ahead and ask me. WITNESS: MR. ZACKS: Okay.
And, also, if you need to take a
break, just let me know. WITNESS: MR. ZACKS: Okay. Okay.
Now, how long have you been at your current
position as vice president of J.P. Morgan Chase? A Q Approximately two years. Okay.
And can you describe for me your duties as
vice-president? A
I am the vice president of the quality assurance
and partial release teams for loan transfer and document management. My group basically validates the quality of the
work produced by our division, and we also performed kind of a legal services function for partial release of mortgages,
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easements, that sort of thing. Q Okay. For partial releases, what kinds of things What kind of documents would you
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would you do for that? produce?
We actually don't produce any documents.
The
Page 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 mortgagor that's requesting a partial release provides us with those documents. We make sure that we're releasing the
correct legal description, compare it back to our original documents and, you know, just sign off on those documents granting the mortgagor a release. Usually it's a couple
hundred feet driveway, something along those lines. Q Okay.
Can you tell me, what's the relationship
between Chase Bank USA and J.P. Morgan Chase Bank? A
Chase Bank USA was our--like a subprime line of
business that kind of merged into Chase Bank USA several years ago. Q A Okay.
So Chase Bank USA doesn't exist any longer?
That's my understanding, but I could not tell you We don't originate loans in Chase Bank
that definitely.
USA's name anymore. Q Okay.
And Chase Home Finance, is that a
subsidiary, or could you describe the relationship? A It's a subsidiary of the bank, the mortgage
subsidiary of the bank.
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that--do they have a separate and distinct function from J.P. Morgan Chase? A Q A They do the servicing of the mortgage loans. And do they do anything else? I would not know.
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And are they more responsible for servicing, or is
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Page 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 Q Q Okay. MR. ZACKS TO COURT REPORTER: The first
exhibit I'd like to enter is the Notice of Filing, and you can have--you can mark that, if you would. COURT REPORTER: Okay.
MR. ZACKS TO MR. MANCILLA:
And, Joe, I've
handed her the Notice of Filing, the original mortgage,-MR. MANCILLA: MR. ZACKS:
Okay.
--original note, and recorded
assignment of mortgage that was filed on February 26th by James. MR. MANCILLA: And let's see.
second page here where it's titled "Assignment of Mortgage." I'll ask if you've ever seen this document before? A Q Not that I remember.
before?
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If I could have you flip to the
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Okay.
Have you ever seen documents like this
Yes. And in what capacity? What set of circumstances
would you come across a document like this? For my position, lots of different circumstances. My quality
In the past I have signed these documents.
Page 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 assurance team also does a quality review behind the preparation of these documents, as well as the loan filing of the documents into the vault with the collateral file. I
also handle all internal and external audits from auditors. So if the auditors would have requested this document, my team would prepare--you know, provide those documents. Q And you say you have signed these documents.
would the company have you sign this as opposed to someone else? A
I don't know that there's any certain situation.
What happens is usually loans are allocated to a deal, assignments are prepared. And, you know, I'm in the office
this week, so, you know, whoever is available, basically, that has the title needed to sign those documents, those are delegated to those individuals. Q Okay.
So it wouldn't be like for one particular
trust you would sign the assignments in that case? A Q Usually that's the way it would work.
across these.
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we talking about-A Well, we have auditors that come in, you know, our
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Now, you said for audits you would also come Are
What kind of circumstances would that be?
internal auditors, as well as the external auditors, and they're testing different things. So if they requested
assignments for these loans, as well as other mortgage
Page 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 for. documents, my team is responsible for gathering those documents and providing them to auditors. Q Okay. And internal/external, are these folks you
would hire for quality control purposes, or are these actually-A
They're agencies that are investors that Chase has
loan secure ties with will be the externals.
Internals would
just be our general auditing department, but not necessarily someone we would go hire. Q A So--
Now, Price Waterhouse does come in and do an audit
once a year, as well, so it would include them. hired to come in and do that audit. Q And do you know--
they looking for?
files, or they actually examine these documents, or-A It would depend on what the investor is looking Most of the times they're looking for document
presence.
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you haven't seen it. audit conducted for-A Q
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Okay.
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Are they just making sure they're in the
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And they are
I mean, what kinds of things are
Do you know in this case--
Well, you said
Do you know, has there been such an
I wouldn't know. Okay. The names on here, Dell Cunamay, do you know
who that is?
Page 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 Q A Q A Q A Q No. I do not.
And ever seen his or her name before? No. And Terrie Renteria? No. Ever seen, I guess, her name before? No. Okay. Do you know who that is?
And Chase Bank USA, before they merged, were
their offices here, as well? A mostly-Q
I don't believe they had any in Louisiana.
California was, I think, one of their main offices. Okay. In that merge, do you know, did most of the
documents from Chase Bank end up here, or-A Q They did. Okay.
In connection with this loan, the subject of This assignment says that Do you
this lawsuit, do you know if any--
it transferred the mortgage on or before June 19th.
have any knowledge of any circumstances surrounding that date that would have happened concerning the transfer of the mortgage?
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It was
No. Okay.
I do not. And do you know who would have more
knowledge of what actually took place on or before June 19th concerning the transfer? That would be more on the servicing side.
Page 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 Servicing is the group that, you know, sells or transfers those. Q So it would not be a custodial function. Okay. So the servicing department.
And is there a
person in charge of that, or-A
Diane Bentz is the vice-president over that group,
so you could probably start with her and work your way down. Q And so you don't know of any documents that would
evidence anything that happened in connection with the transfer of the mortgage? A Q No. Okay. I do not.
Do you have any knowledge of a physical
transfer of the mortgage in this case? A Q No. Okay.
Do you have any knowledge of a physical
transfer of the note in this case? A Q No.
This mortgage, below the paragraph with the legal
description, states that it's transferring the mortgage-well, at least the language says, "...together with the note and indebtedness secured thereby."
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sign the allonge at the same time this assignment was produced? A I think the allonge was signed in 2007. I'm not sure what this-So, I It looks
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Do you know?
Did you
mean, it looks like--
like this was 2008, so--
Page 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 Q Okay. And, typically, is there an effort to match
the dates up when you do an assignment, or allonge is a completely separate process? A Q Those are completely separate processes. Okay. And to produce an assignment--
Well, for
example, you have given us the procedures that we'll be going over on how you produced allonges. Are you aware, is there a
similar set of guidelines for producing assignments? A
There is, but this one was produced by Chase Bank
USA, so I wouldn't have procedures on how they produced assignments. Q So--
And I'm assuming since Chase Bank merged with
J.P. Morgan Chase, that now it would be J.P. Morgan Chase or Chase Home Finance that's in charge of producing assignments? A I would assume, but I could not tell you that
definitely. Q Okay.
guidelines.
as if they were typed into a form or computer-generated or anything like that?
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So you said there--you knew there were
Do you know anything about the guidelines, such
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Not for Chase Bank USA, I do not. Okay. For the assignments that you have signed,
are you aware of the procedures that resulted in the generating-Yes.
Page 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 Q --of this document? Can you take me through the Such as, like I said, are
process, a little bit of that?
they computer-generated or is somebody-A It's basically a database that we receive the
servicing data that would give us the legal description, the mortgagor's name, everything needed based on state requirements for that assignment to be recorded.
populated into the assignment, it's printed off, and sent for signing and notarizing. Q Okay.
And you said it's from a database.
a name of the database? A
I believe it's just the assignment database, for
lack of a better terminology. Q Okay.
And, again, would that be the servicing
department who is responsible for generating these assignments? A
The custodial--
generating those, as well as national post closing, two different groups.
responsible for one set of--or population of loans, another
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group is responsible for the other, and I'm not sure what the difference is. Q National post closing, is that a separate company
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Is there
The custodian is responsible for
And I'm not sure--
One group is
or-No. It's a division of loan transfer and document
Page 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 management. Q Okay. In terms of the custodial department, can
you tell me--
Give me the name of some of the in-servicing--
Do you have someone who would have more knowledge of the procedures generating this who is in the custodial department? A
I mean, that's pretty much the procedures for
generating it today, and has been.
Now, the Chase Bank USA,
we wouldn't have anybody in our shop knowledgeable of that. Q Okay. The assignment, if you'll look at the second
page, it looks to have been notarized on June 26th. that appear correct to you? A Q
I've never seen it, so I do not know. Okay. I'm sorry to have you flip back to the front
page here of the assignment, where it says, "And witnessed where the signers executed and delivered this instrument on," blank, "____ 2008." or-A
procedure was.
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couldn't speak to that. Q Uh-huh (yes). And have you-In the assignments
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For Chase Bank USA, I don't know what their So everybody has a different procedure, so I
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Is it usual for that to be left blank,
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Does
you have signed, do you typically leave the date blank? The notary would do, so it would be whatever notary
requirements are for that particular state.
Page 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 Q Okay. In regards to allonges on notes, can you
tell me how many allonges you have signed? A Q A Q A No. Can you tell me how many you sign in a given week? I mean, it can vary from zero to a couple hundred. Okay.
Just depends on what loans Chase is selling or
securitizing during a given time frame. Q A president. Q A Q companies? A Q No.
Do you always sign as assistant vice-president? In the past I have. Now it would be vice-
Do you sign as any other title? No. Okay.
And have you ever signed for other
If I could have you flip forward.
don't have them numbered, but-A
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That's fine. --after the note, obviously, is the-The rider? --allonge. Okay. There's the rider, then there's the
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I'm sorry, I
allonge.
Do you recognize this allonge? Yes. Okay. And when did you see this allonge?
Page 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 A Q you said? A Q A Q A Q Yes. Okay. Did you see it before that? When our attorneys forwarded it to me. Okay. What? Your attorneys forwarded it to you,
Not to my knowledge. Okay. It is. Okay. And is that your signature?
On this particular allonge that we're
looking at, do you recall signing this? A I do not.
Let me explain the process.
electronic signature, so there's certain states that allow electronic signatures.
documentation on that where we sign our name, it's scanned into a database, then the signatures are applied electronically. Q allonge? A Okay.
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Finance and then from Chase Home Finance to blank? A I cannot. It is something to do with the legal
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No.
Can you tell me, why did it go first to Chase Home
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And I believe I sent you
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This is an
Did someone direct you to sign this
entities and the way the loans are sold and securitized. Okay. I could not answer that specifically, though.
Page 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 Q The date on the allonge, again, you didn't
personally put that in there? A Q A Correct. Do you know who decided that date?
The way that happens is, we get a securitization
listing from our delivery group out of New Jersey.
would send it to our certification team who determines or, I guess, is responsible for generating these allonges.
we get notification from the delivery group in New Jersey, the certification team goes out and they're responsible for extracting the servicing data to prepare the allonges. don't have a specific person's name. Q A Q A Q Okay. No.
Have you ever backdated an allonge?
Have you ever seen a backdated allonge? No.
Now, on this allonge you're not swearing--or, in
other words, you didn't take an oath that this is the actual date that the transfer occurred.
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should be the date the allonge was printed. Q Okay. When you endorse in blank, is that always
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This is not the date the transfer occurred.
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Correct? This
when it's in a trust, or do you ever endorse in blank in other circumstances? Typically, all endorsements are in blank.
Page 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 Q Okay. And would you say that all the allonges you Or, I should
do are because the loans have been securitized?
say, all the allonges that you do are because the loans have been securitized? A
Either that, or a lender that Chase purchased a
loan from failed to endorse the note and we don't want to
risk sending the note to them to endorse and not getting it back, so there will be an allonge created in that instance. Q Do you ever take any independent steps to verify
that your endorsement is correct, that it's endorsed by the right party, whether it's in blank or not? A
We have a quality assurance team that does a sample
of all--every individual's work and all the allonges to make sure that that is correct and accurate. Q Okay. And you, yourself, don't actually go through
each allonge to see-A Q No.
--that everything is correct?
verify that there is a complete chain of endorsements prior to your signing an allonge?
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So do you ever
No. Do you ever endorse right on the note? What set of circumstances would that happen? In
other words, what's the difference?
Why in one case would
you do an allonge as opposed to another case where you would
Page 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 endorse-A Typically, we do allonges. That is ninety-nine
percent of what we do because the vault--the note is in our vault. We don't want to risk taking that note out and it
being misplaced.
If it's endorsed on the spot, it's usually
an audit finding that an auditor has the live note and realizes it's missing an endorsement. now while we're on site?"
"Can you correct it
And then in those instances we
would typically endorse the note versus creating an allonge. Q So when these allonges are created, the note
typically has not been taken from the vault? A Q That is correct. Okay.
Do you always have an electronic signature,
or do you sometimes physically sign? A Q Depends on state requirements. Okay. Do you happen to know for Florida loans, do
you ever physically sign? A Q I do not know.
permanently affixed to notes?
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requirement that was eliminated several years ago. Q To get this allonge-Well, we'll go into that, I
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Do you know about a requirement that allonges be
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That's--
I believe that was a Fannie Mae
guess, later.
Am I wrong in saying that it looks like the
allonge is attached to the rider and not to the note?
Page 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 A Well, in this document the rider should be attached
to the note, as well, so it should all be one document,-Q A Q Okay. --not considered a separate document. Okay.
For the purposes of this lawsuit, do you
know who requested the note from the vault? A Q A Q I do not. Okay. It is. Okay. And the vault is on site here?
Do you take any steps to verify that the
note, when it is extracted from the vault, is actually the original? A Q A
Extracted for what purposes?
Well, for a foreclosure lawsuit. Yes. I do not, but there is a team within the
custodial shop that verifies the authentic- --or originality of those documents prior to releasing it to the attorneys. Q you said? And that's a team within the custodial department,
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that they use to verify originality or authenticity? A Typically, the note is requested from the vault. The release team receives the note. They go into
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Do they have a particular name or--
I believe it's the release department. And do you have any knowledge of the procedures
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They--
their tracking system, which is Win CMSS, and they basically
Page 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 do an inventory of the file and update Win CMSS with the contents of the file, as well as shipping information as far as tracking numbers, when it is sent to the attorney. And
that's basically a record of what was in the file, and it
will have if it's an original note, if it's a copy, so on. Q If it was ever checked out, that would be on the
Win CMSS system? A Q Correct. Okay.
After this allonge was signed or got your
E signature on there, do you know, does this automatically get filed with the note? A Q It does. Okay.
If you would, we're going to go on to the--
into this one a minute.
MR. ZACKS TO MR. MANCILLA:
document called "Creating Allonges," Joe.
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that, please, if you would. COURT REPORTER: MR. ZACKS: Yeah. Okay. Exhibit "2"?
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(To Court Reporter):
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This is the
I'm going to enter
COURT REPORTER: MR. ZACKS:
Thank you. Where did that document come
MR. MANCILLA: from, Dustin? MR. ZACKS:
That's one of the ones you guys
Page 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 Q document? A Q A allonges. Q Okay. I do. And can you tell me what it is? Okay. produced. MR. MANCILLA: Okay.
And I'll ask you if you recognize this
It is the custodial shop's procedures for creating
First, who determines when you need to file
an allonge? else? A
Is that the custodial shop or is that someone
The custodial shop is notified by private investors
groups or a loan delivery group of pending sales, and at that point the custodial shop determines--would--if an allonge or an endorsement is not currently there, they would create the allonge at that point. Q Okay.
does the database track when an allonge is requested? A
request for a pending sale, they provide a list of loans to
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the custodial shop.
and the loans that require an allonge is basically sent to the certificate team to create the allonges. Q A On step one here, it's-That would be the list of allocated loans.
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Well, I guess,
Once the custodial shop is notified of the
They will upload it, do some data bumps,
Page 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 Q A And report manager, can you tell me what that is? It is just a reporting tool that the custodial shop
uses to manipulate, extract data, load data, so we can like put a population of loans out there in report manager and bump it to various servicing data systems to get the information that we require. Q organize? A Right. So we-So that you can--
Basically, so you can sift and
In this case, we would bump it to
the servicing data, get whatever the state required to be printed on those allonges and extract it, the mortgagor's name, the loan amount, the property address, that type of information. Q
And the report manager, would that be--
you actually have a list of all the ones you have, or would that just be for this particular trust? A No.
you go back and bump it to the systems that you need the information for.
data that we would require.
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tell me what that is? A It is another report that basically has basically
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Report manager, we take the list of loans and
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It's just a tool to facilitate getting the
Okay.
The loan level information report, can you
loan level information for a particular set of loans that we have bumped up that gives us--the user can basically select
Page 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 from a drop-down box if they want mortgagor name, property address, interest rate, first payment date, et cetera, what field that they want to pull in. Q
So I guess the level it's referring to, that's just
different-A you want? Loan level. Right.
What level of information do
Do you want very high level, mortgagor's name,
property address, or do you want detailed? Q Okay.
And ad hoc reporting, again, is that like a
separate database, or is this all-A
It's a folder within the database.
where you can take a list of loans, bump it, ad hoc, and get--select the loan level information that you want to see back. Q Okay.
So you'd get the list of loans in report
manager, and then you sift it using ad hoc? A Q Right.
Okay; okay.
information report, is that totally based on what you get from the people who tell you it's being securitized, or--
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individual, then we bump it to the loan level report to get the information that we need to create the allonge. Q Okay. And, again, is that automatically
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So ad hoc is
In terms of that loan level
We get the loan's number from the list of
transferred in there, or does somebody enter that?
Page 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 A Oh, we have an operations support team that's They would upload the list.
responsible for all data. Q Okay.
On step three it says to filter for all
loans that have been released or are not on the system.
kind of loans would those be, or what kinds of circumstances would that be? A
Well, if it's paid in full--it could be a timing
difference if a loan is paid in full since we received the list. And we are not the custodian for all Chase loans, so
if we don't have the loan in our shop, we're obviously not going to create a document for that loan. Q Okay.
And, again, you can just search through the
system to see if it's been released, to know, again, if your record is in there? A
If it's on Win CMSS, right, it would be an inactive
loan on our system. Q Okay.
you explain, you know, what you're filtering for and-A
you're familiar with MERS, there are different requirements
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as far as the verbiage on allonges and/or assignments at some point. That would have to just make sure the verbiage is
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Well, if it's a MERS loan, and I'm not sure if
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Next it talks about filtering for MERS.
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included to include MERS. Okay. So that's just the way to pars them out so
you'll know what--
Page 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 A Q MERS loan? A Q No. Okay. I do not. Right. Okay. Do you know if the loan in this case was a
Tell me, if you know, in the process of
creating allonges, are there different things you would if this was a MERS loan as opposed to not? A I don't perform that process, so--
would just look for the verbiage, but, again, I do not perform that process, so-Q Okay.
And you've signed both allonges that were
originally MERS loans and allonges that were not. A Correct. Okay. difference is? A
But you don't know particularly what the
I don't believe there's any on the allonge.
think there is a difference on the assignment. assignments are probably different verbiage. Q
You've signed assignments that were-
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verbiage if it's a MERS loan. Q Okay. Off the top of your head do you recall if--
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Okay.
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I think the
And the same question for assignments.
Right.
And the assignments would require different
Is there a big difference, or what different verbiage they're talking about there?
Page 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 A On the assignment it has to reflect MERS as
beneficiary, I believe. Q Okay. It also-Going back to step six, it's Can you explain that to me,
filtering for co-op loans. please? A
Co-op loans are unique to the tri-state area, New
York, Connecticut, those areas, where it's basically a condo that is just a little different. Q A Q Got you. Correct. Okay. So this--
And this is not a co-op loan?
Steps one through nine here are
all done by the custodial shop? A Q Correct. Okay.
Next in step one--
take all the loans that you filtered from steps one through nine and go onto the next step? A would. Q I mean, I would not.
there are some differences, I guess, it prime allonges and
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nonprime allonges. A
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Okay.
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Now, are you going to
The team that performs this
In step nine of the second table here,
Can you explain those differences to me?
I mean, we probably really need to get the teams I mean, I couldn't explain that.
that does that in here.
And this would still be the custodial shop
producing these allonges?
Page 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 A Q It would be. Okay. You don't know the difference, then, because
a prime allonge and a nonprime allonge? A Q No. Okay.
Do you know who determined the steps in
terms of what the allonge should actually read? A Q is that-A Q I would-Okay. Yeah. I believe it was the legal department. Okay.
And that's an in-house legal department, or
I would assume.
Do you know if this allonge was a prime or
nonprime allonge? A
I believe it was nonprime, just because I looked
the loan number up since I received the documentation. Q Now, you stated this was done by the custodial Do you know the name of any particular person
department.
who would have produced the allonge in this case? A Not three years ago. I mean, I wouldn't know who
was in that role then.
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this is the database, the information for creating the allonges, so-Q Right. But I guess my question was, would they--
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Q A
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Would that be a database, or is that kept? Well, it is the database and I-Yeah. I mean,
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would it get you on who actually produced--who actually put
Page 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 the data in there? A Q No. No? Uh-uh (no). Okay. How is it determine whose person's--or
which person's signature will get on the allonge? A
I believe it's just a random process of making sure There are certain titles that are
you have the individuals.
required, assistant vice-president, vice-president, assistant treasurer. I believe they just go in and randomly select
those individuals. Q A Okay.
And it is an approved list that the authenticity of
those signatures were validated prior to them being scanned into the database. Q A Okay.
Obviously, they're active employees.
updated if anyone leaves the company, that sort of thing. Not in that role anymore. Q Okay.
doing it in bulk.
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steps and we filter it and then we put some signatures on there, do they actually have to drop down and select who's going to sign each individual loan? Are they examining that
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A Q
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For the most-Okay.
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So when they are doing these, again, they're Is that correct? Yes.
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That is
So, for example, when we go through these
on each turn, or will they just simply, "I've got a group of
Page 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 loans here that are filtered and I'm going to have a couple of signatures and then print them all at once"? A Q I do not know. Okay. Auto sign. I'm sorry. On the second page
we're looking at, step ten. boxes are checked." A
It says, "Make sure auto sign
What's that?
That actually makes sure the signature gets applied
to the document. Q Okay.
Is this list, the entirety of this document
preparing allonges, specific to this trust, or are these the procedures-A Q A Q No.
Those are just the procedures in general,--
--in general?
--not specific to this trust. Okay. Now, do you supervise the people who do
this, or is it a totally separate department? A Q It's a separate department. Okay. So you stated, I think, depending on if
you're securitizing a loan, it could be anywhere from zero to two hundred that gets your signature on them each week?
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Right. Okay. Now, let me ask you about your actual Have you-Before they send it to
viewing of the allonge.
the sort team to start filing them, do you actually go through and look at the allonges or not?
Page 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 A I do not. The team that prepares them goes through
and does like a quality check, basically, behind those. Q A Okay. Make sure it's got all the documentation, the
signatures applied, reconcile it to the loan list. not. Q
But I do
When they're checking it, do you know, is it like a
quality control thing where they pick a few out and check it, or they're actually going through each allonge to make sure everything's-A Q
I believe they're going through each allonge. Okay. And, again, the title of that would be
quality assurance? A
That is no more.
prepares the document is actually doing that as an internal check, not really quality control. Q Certainly when they print these out, it could be
that once they filtered everything they could be printing a bunch of these at one time.
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sort team, and that's the last step here,-A Q A Right. --is that just interdepartmental? It is.
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A Q
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Correct. --correct? And when it says they're sent to the
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Page 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 Q A Q Okay. Is that-Does that get on the database of
when it was sent and when it was received? A Q No. Okay. Can you tell me, how is the date determined
that actually gets on the allonge? A Q Should be the date the document's printed. So-Okay.
And, again, you don't verify--or go
back and verify that that was the actual date it was printed? A Q I do not. Okay.
The next one, I guess, I'll enter is the--
I've got a list of signatures here. of the documents you provided us. A Okay.
MR. ZACKS TO MR. MANCILLA:
title of this one is Manage Signers. one with all the signatures on it.
And I'll ask you if you recognize this document?
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scanned into the database to use in the creating of allonges and assignments. So those are the actual signatures that are
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Q A Q
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I do.
And if you'll tell me what it is, please. It is a list of basically the signatures that are
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And, again, this is one
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Okay.
applied to the documents. Okay. And this would be the drop-down menu we were
Page 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 talking about in terms of the allonge production procedures we just went through that somebody will click and just-A Well, I don't believe this is what they see. I
believe this is the back-end table that--where the signatures are actually scanned in. So when the processor is creating
it, they only see Angie Nolan's name. my signature. populate that. Q Okay.
They don't really see
This is kind of a back-end table that would
And is this a restricted list, or can
anybody go on and see this, or-A No.
Only our operations support team can see this
who is responsible for loading those signatures. very restricted. Q
And then when they look at--
securities or trusts there's different requirements in terms of what your title is and who can sign what documents. Do
you know when somebody looks at the drop-down list or looks at, you know, all the names they could possible put on there, are they--are they actually themselves filtering and say, "Well, I have to have a vice-president on this, so I'm going
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to use this one," or does the computer kind of filter that thing out, if you know? A Q I do not know. Okay. Have you ever had somebody checking on the
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So it's
You say for different
allonges for quality purposes and see that somebody with the
Page 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 wrong title got on an allonge and they had to do a corrective something? A Q No. Okay. And the same question for assignments.
you ever seen one come back where, you know, it maybe was an assistant secretary instead of an assistant vice-president? A Q allonge. A Q A Q Right. No. Okay.
I noticed A. Young signed before you on the
Again, always the case or randomly selected? Randomly selected. Okay.
And just part of that could be just because
you're the first couple of names? A
I'm assuming it's possible, but, again, I think
it's a random process. Q Okay.
know, the people below you on the list or further down, if they're signing way less allonges than you, or--
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who produces the allonges who would-A Q Right. Okay. Now, A. Young-I'm not sure. It was
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I would not know. Okay. And, again, that would be the custodial team
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Do you happen to know, or have any reason to
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somewhere else we found the name of, I think it was, Judith
Page 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 A. Young. person? A Q A Q A Q A Q A Q A Q That's the same person. Okay. Any idea why she signs as A. Young? Is that a different person or is that the same
I don't know. Okay. I do. Okay. And is she in your department? And you know her?
She is not. What's her title?
Assistant vice-president today. In what department? Lien release. Lien release?
other than Angela Nolan? or-A Q
I'm sure I have. Okay.
other folks with initials, such as B. Davis or B. Turner, have other names in front of the initial, or--
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Any other reason to know if some of these
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Have you ever signed Angie Nolan
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Have you ever signed anything
I'm not sure I understand what you're asking. Oh, well, sure. What---complete name would be Judith. I mean, B. Davis is Brenda Davis, B. Turner is A. Young, again, you said her--
Page 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 Bernadette Turner. Q A Okay. More than likely it is when we had the corporate I mean,--
resolution, that's the way they signed the corporate
resolution, so that's the way their signature would need to be applied. Q Okay.
This one, you said, Ms. Young is assistant
vice-president now? A Q Correct.
Do you know when this list that we're actually
looking at was produced? A I do not.
I mean, the title on here is her title
to sign documents, so it doesn't necessarily agree with her working title. Q A Okay.
It's the title that she has authority to sign
documents under, which would be granted by the corporate resolution. Q
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signed it for the purposes of getting it on a database like this? A Q No. Okay. Good. That speaks for that one. Let's see.
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Is your signature ever updated? No.
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And any idea how long ago you signed this, or
Page 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 Q Okay. I'm handing you a document. MR. ZACKS TO COURT REPORTER: this one, as well, please. Process. COURT REPORTER: "#4." If we can enter It's titled Sort
MR. ZACKS TO MR. MANCILLA:
And again, Joe,
that's one of the ones you've produced for us. MR. MANCILLA: COURT REPORTER: I'll ask you if you-Okay.
Exhibit "4."
Well, before we get to this
one, the date on the allonge, you said that's the date it was actually produced or printed off. A Q Right.
Do you know if that has any connection with, say,
the closing of a trust, or the completely of a sale of a loan? A trust. Q
It should be completed prior to the closing of the
verifies that that was done, or--
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Okay.
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Correct?
And I'm assuming you have somebody that
Correct. And who would that be? The certification team. Now, in terms of when the note was actually sold,
or when it was actually transferred, legal title was
Page 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 transferred, is that an open date or are you actually saying that on the date you signed the allonge that's the date the note got transferred? A No. The allonge would typically be prior to the Because we have certain
date the note got transferred.
investor requirements to meet, so we want to make sure that
those requirements are met prior to the sale date, otherwise it wouldn't be eligible for sale. Q allonge. Okay. So you would actually--
I guess the question is, isn't it risky to sign a
note in blank when anybody could go and cash that note before you actually closed the deal, or before you actually closed the trust? A
Well, I mean, they're not going to get the note in
our vault to go--
MR. MANCILLA:
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WITNESS TO MR. MANCILLA: MR. MANCILLA: question. (To witness):
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Object to the form of the-I'm sorry?
I object to the form of the
You can go ahead and
answer it if you can. MR. ZACKS: What's the form, Joe? Oh, it's not-I didn't
MR. MANCILLA:
understand it, so I'm going to let you repeat it and--
Isn't it risky to sign a note in blank or to endorse a note in blank when anybody can go and then cash that note? A
I mean, the note's going to be in our vault, so
that wouldn't be a possibility that anybody could go out and sell it, endorse it. Q A Okay; okay. It's--
--restricted access within our vault area, so the
chances are it getting released are pretty much zilch. Q Okay. So the sort process here starts with all the What's
loans held in the vault are filed in term digit or-the-A Is that just the loan number, or what's that?
Term digit is the last four to five digits of the
loan number.
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some of the people we've spoken about, or where do they-A Well, it's all within the custodial shop, so the
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The file team it refers to, is that separate from
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It's just a vault filing process.
certification team prepares the allonges, it goes to the sort team to kind of sort the document for filing, and then it will go to the actual file team to interfile the document
Page 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 within the vault itself. Q process? A Q A Q Sorry. I do not. Okay. Okay. And, again, do you oversee any of that
Are all those teams here in Louisiana, or--
They are. Okay.
The team associated with the loan number--
The term associated with the loan number, again, is
that just referring to the last four digits, or-A The term is within our vault.
as this (indicating).
The loan number is on the file, and
then it is color-coded with the last four digits so it's an easy system to go interfile documents.
the last four digits of the loan number. Q A Okay.
They're color-coded so you can easily go within the
vault and determine what section or what term you're looking at. Q
custody/MRC.
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Okay.
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So the term digit is
Step one, receive from various areas of
What's that?
Monroe Records Center. And is that here? It is. Okay. So that would be-Again, from custody/MRC,
that's just referring to the certification team you spoke of,
Page 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 or-A custody. Well, custody would be different areas within I mean, the documents come from all over the
country, so it would be all incoming documents, not necessarily limited to allonges or assignments. Q Okay. It speaks of a daily log-in sheet.
know when that's completed? A Q Do not know. Okay.
Just the end of each day, or--
So the sort unit, you said this is kind of
like the intermediary before everything gets in a row, and then-A Right.
The sort team takes all the documents and
they're sorting it by the last four digits of the loan number, which makes it easy for the filer to actually just go physically drop that document in the file. loan number order, basically. Q Okay.
that different from a term digit, or what? A
team that kind of leads the team, and they kind of basically
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Well, the team lead is actually a person on the
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And number three says team lead numbers.
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Okay. Or they reconcile. So when they're sorting these, again, when they get
Page 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 the documents from all over the country, you said there could be all different kinds of documents? A Q Correct. Number four speaks about entering information into Is that-Is there a name of that--
a spreadsheet. A Q
I do not know. Okay.
And step five, holding documents and loose
documents, can you basically explain what those are and what differences, maybe? A I mean, I can--
I'm not over the team, don't
manage the team, so--
Holding documents, basically if we
have a file that has been released to a foreclosure attorney in an instance, or whoever on nonliquidated code, we want to hold those documents until the file gets returned, and at that point we would go interfile the documents.
documents, I'm not sure what they would be referring to. Q Okay.
sent it out for initiated of a lawsuit, for example? A
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Right.
And then you get some other document.
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the process, and then we would periodically check those documents to make sure the loan has returned, and at that point they would be interfiled.
Page 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 Q what-A Q Reinstated. Okay. Any other circumstances besides that you Okay. And when you say when the loan is returned,
would get the loan back? A Well, loans are sent out for correction.
if another group within Chase needed it, or a legal group needed it. requests. Q A
I mean, there's various reasons for nonliquidated So any nonliquidated request.
Okay.
DDC, any idea what that is?
DDC is a group within Chase.
collection, and it's actually responsible for collecting documents, mortgages, title policies, those sort of things. So they, as they collect those documents, would send in to the custodial shop for receipt and interfiling. Q Now, the next three-I mean, after notes there's
documents received from research unit, transfer and salability and quality assurance. Again, can you just take
me through what the difference is if I got a document--
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probably doesn't have a loan number on it, so the research unit would research that, you know, to determine what the correct loan number is. Transfer and salability team and
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Research unit is basically get a document in that
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Page 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 hand off to the research team for them to research, determine what the loan number is, or either hand off to the transfer and salability team. They're actually responsible for
reviewing those documents prior to them getting updated on Win CMSS. So it would just be various trailing documents
coming into different points of the business. Q Okay.
Now, would that include when you're filing
allonges, or-A Q No.
--typically they're not much of a problem getting
allonges back? A process. No.
Allonges would not be because of the internal
It's usually documents that areas outside of Monroe
are sending at different branches or things like that that have my name and they're sending me the documents. Q Okay. Exception, clearing documents. Can you tell
me what that is? A
Those are documents--
origination comes in, the note is reviewed by the transfer and salability area.
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Maybe it--the borrower's name was not legible and we need a name affidavit. So in order to clear that exception, And there's a team that's
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Typically when a loan--a new
They may cite an exception on it.
additional documents are required.
responsible for those exception items, and reviewing those to make sure exceptions are cleared.
Page 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 shop. Q Q this loan? A Q A Q A I do not. And, again, that would be-Which unit would-Do you know if there were any filed in regards to
The custodial shop is responsible for all of these. Okay.
Or all these reside, I guess, in the custodial
Total documents first sorted, total documents
second sorted. A
First sort, the documents are sorted by the last
four digits of the loan number, and then a fine sort is completed where the documents are sorted by the last two digits of the last four digits to make it easier for interfiling those documents. Q
And when you're talking about interfiling, you
actually mean all these trailing documents actually get into the specific mortgage file? A
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of the things we talked about, holding documents or anything like that, that would have pertained to this loan? A Q I do not. Okay. Pull three documents from each incoming bin.
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Correct. Okay. Do you happen to know, were there any other
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Page 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 The supervisor does that, and it's just a quality So they're randomly writing down the three
assurance check.
loan numbers and our QA team goes in a few days later to make sure those documents got filed accurately and timely. Q Okay. Now, I think I read a sorted--
Well, first
of all, "bin."
I mean, is a bin actually a huge thing, or
are we talking about the bundles of fifty documents each, or-A
The bin is a huge thing, but it's typically bundled
in stacks of fifty. Q A Q A Q Okay. Right.
So out of the bin there could be multiple--
--bundles of fifty,-Correct.
--and they're taking three documents out of the
entire bin? A
I believe they're doing the bundle out of each-I'm not--
It may be bin. Q
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Okay.
Because I'm not over that process. Deliver the documents to quality assurance, mark Do you know when
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They have a twenty-four-hour service level. Oh. Can you take me through what that means in
Page 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 terms of allonges? So you know-From the time-First
when an allonge is requested, how long would it take it generally, if you know, to produce an allonge? A Q I do not know.
After it's produced, how long would it take to get
sent to the sort team? A Q Same day. Same day?
And then once it's with the sort team,
then they have twenty-four hours to actually interfile it,-A Q A Q Correct.
--get it in that mortgage file? Correct. Okay.
Is there ever a time when it doesn't get in
the file within the twenty-four-hour period, or-A The service level right now, we're--they're
interfiling ninety-nine point seven percent (99.7%) within twenty-four hours.
is making it within forty-eight hours. Q
Again, you wouldn't--they wouldn't send a note to you saying,
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"Hey, we had your allonge here and it didn't get filed. don't know where it is"? custodial-A Q Right. Okay. Now, notes and co-op documents forwarded They would all be within the
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The remaining point three percent (.3%)
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Now, let's say something didn't get filed.
We
Page 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 into the transfer and salability unit for review, again, that's for an error or an omission they're looking for? A Well, if by chance the sort team got an original
note or an original co-op doc from someone other than the
custodial shop, those are original documents that need to be reviewed, so the transfer and salability team is responsible for that. Q
And this loan, you know, in this case, that never
left the site, or you didn't receive that from-A Q A Q I don't know. Don't know? Don't know.
That would be on Win CMSS if it were received from,
you know, an external place? A
If we received it from an external custodian prior But I believe this originated
to it transferring, it would.
with Chase Bank, so we should have received the file initially. Q But I do not know that for certain. And if it was received from Chase Bank,
which as you said was in California, then--
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Right. --transfer and salability would have done a review? I would assume, but, again, could not tell you that The process would have been that they should
definitely. have.
Page 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 Q of it,-A Q Right. --if transfer and salability did a review of this Okay. And so you don't have any personal knowledge
particular loan and if they found anything missing or-A Q Correct. Okay.
Before number ten, on the next page, it
says, "Modifications are pulled and delivered to the research unit." Modifications, again, you're speaking of if something
might have been illegible? A Q A Q Oh, no. Okay.
Modification agreements.
If those come in, they have to be researched. Okay. So it's the same thing as almost getting an
original document? A Q A Q Correct.
They would skim through it? It is.
they're looking for, what kind of errors they might be trying
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Just tell me in those, do you know what
Same thing as an original note, or--
Well, there's investor requirements that if we
receive an original note, mortgages or co-op documents, the authenticity and originality of those signatures needs to be verified and certain data updated. So they would be
Page 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 loan? A Q reviewing those in accordance with investor guidelines. Q Besides data and authenticity, do they also--does
transfer and salability also review modifications for whether or not they meet the investor guidelines on modifications, or would that be totally-A No. That's not a custodial function or
requirement. Q A Q Okay.
That would be probably servicing?
Correct. Okay.
Oh, were there any modifications for this
Do you know? I do not know. Okay.
Now, transfer and salability looks at the
modifications and then it says they're delivered to the research unit. Are they--
and salability points out the problems and then research might go ahead and say, "This is what we need to do"? A Q I'm not sure.
without loan numbers.
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something--typically, I'm speaking, that would be something received from somewhere else? A External to Chase, or external to Monroe.
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Is the basic idea that transfer
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Number ten, round up any documents received Again, that would probably be
Branches, closing attorneys, title companies, those sort of areas.
Page 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 case. Q Okay. And then the note on number ten,
miscellaneous credit file documents are routed to image prep. Do you know what that's referring to? A If it's a miscellaneous, the custodial shop should
only have trailing legal documents, the note, the mortgage, the title policy, assignments. that got slipped through--
So if it's a credit document
If it's a copy of an appraisal or
whatever, as an example, we want to make sure we have images of those documents so it goes to our image prep team and they will prep that and send it to through the imaging process. Q stuff,-A Q A Q We do. Do you also make images of the--you know, the legal
--the notes and the mortgages and the assignments? Correct.
So for this loan there would be an imaged or a
scanned-in copy of the note on a database somewhere? A Q Correct.
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scanned in? A Q A Q
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Okay.
That would be somewhere on a database after it was
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And the same thing for the allonge in this
Right. And the mortgage and the assignment, same question? Right. Okay. All documents. With those copies or, you know, the images
Page 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 that were scanned in, when would you have occasion-you ever have occasion to print those out? A Typically, if they're required to be printed out, Would
it's an audit request, again, from internal/external auditors.
Typically, that's the only time they're printed Now, all--
from my perspective.
Servicing uses them, so if
the tax department, escrow department needs them, I'm sure
there's instances where they would print those documents off, as well. Q Do they ever print one--
the documents that have been imaged when they just can't find it, or is that typically just because they don't want to get the documents from the physical file? A
I mean, typically we don't want to release the file
so that's why we image it, so that servicing and other areas can look at the image and, you know, perform whatever service they need based on an image of the document. Q A Okay. But also part of it is to protect against--
event, you know, our vault got blown away and we don't have
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the docs, we've got images to go back and recreate those with.
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Well, it would be disaster recovery, so in the
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Do they ever print one of
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Sure.
Number twelve, after you do the two sorts, Is there a
you put them into bundles of fifty documents. reason fifty?
Is it just a random number, or manageable,
Page 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 or-A Q stacked-but-A Q Right. It's just manageable. Okay. And the fifty documents, again, are those
I realize that they're sorted by the loan numbers,
--we could potentially be talking about all
different kinds of documents? A Q Correct. Okay. So-Okay.
So these allonges, then, when
they're produced, let's say you assign, you know, a couple of hundred for one particular trust in a week, it's not as if those would get in one particular bundle and then be filed? Those would go through the sort process? A Right.
the loan numbers would be different, so they would not be in the same bundle. Q sort unit. Okay.
four-hour period?
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Fifteen, the delivery area located in the
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They would be sorted by loan numbers, so
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Again, I'm assuming this is during the twenty-
It is. The delivery area is here on site? It's just, right, a courier basically that delivers So it's a staging
the boxes from the sort team to the vault. area.
Page 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 Q A Okay. It's all within one building, though. It doesn't
move buildings. Q
Seventeen and eighteen talk about validating boxes.
Can you tell if you know what that is? A Q I do not know. Okay.
And for steps one through eighteen of this
sorting process document, are there records of each step, or only a couple of steps, or-A Q
What do you mean "records"? Well, sure.
Just each step--
way, is somebody saying, "Okay. then inputting that on the-A Q No.
--on any kind of database?
bit about the vault. A the vault.
You have to have basically dual access to get in There is-Similar to this (indicating). You
have to have a badge to enter the building.
separate vault area within the building that only vault
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access is limited to actually vault staff, as well as limited QA staff and managers. There is a security camera at the
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I did the first sort," and
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Can you clarify? Each step along the
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Okay.
Tell me a little
It's on site, it's locked and guarded?
Then there is a
entrance of the first point of entry, as well as the vault door, that monitors access. ran to validate-There's a monthly report that's
You know, vault access is restricted.
Page 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 Q You, you know, have to be the vault employee, the things I just mentioned, to work in the vault. on a monthly basis. Q So that's recertified
It's two-hour fire rated, all of that.
So for example if, you know, a loan is in a trust
and the trustee requests some document, it's not like they would send somebody down here to go into the vault. A Q request,-A Q Right. Right. You folks would--
They would just send the
--and then only the vault staff would be able to go
in there and get it? Right. Okay.
Again, document filing, designed to get the
documents in there timely and accurately within the service level. The service level is just talking about the twenty-
four-hour period? A Q Right.
took longer than twenty-four hours?
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Any reason to know if in this case anything
I would not know. Okay. The next page, this is talking about after
it's sorted.
Correct?
Correct. Okay. It speaks of the completeness of the
Page 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 custodial file. Do you have any record of that other than
the internal spreadsheet? A Q A I'm not sure I understand what you're asking. Yeah. Let me--
I mean, the documents are filed to ensure we have a
complete file, so we want to make sure that all the trailing docs that we receive get interfiled. we should have a complete file. And once that happens,
So we just want to make sure
the documents get filed accurately. Q
Team lead picks up the daily boxes. It's however is on duty?
could be random? A No.
It's a role, I guess, within that unit.
There's a supervisor who manages the unit, then the team lead helps distribute workflow. Q
Now, again, step three, places the boxes in the
designated-A Q A
It's a staging area.
And that's, again, on site,--
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It is.
--internal here?
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Team lead just
Right.
Six, file clerk gives the QA
What is the QA sheet? Where the three loan--random documents were We're randomly
selected earlier back in the procedures.
writing those three loan numbers down to go back and perform a QA check to make sure they were filed accurately and
Page 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 area. timely. Q But that would be different-That would-Just
to main- -got in there? A
Is that just for service levels, to see if they
Oh, we're checking service levels, and then we're
making sure that it got filed accurately.
So we want to make
sure we've got the loan number, that it made it to the right file. Q Okay. But you're not--
you're not--
At that point, with this Q&A, when you're
looking at the three docs you pulled before, you're not--it's not like the transfer and salability, you know, when they look through them? A No.
Correct.
accurately and timely. Q Okay.
The daily filing notes, does it have anymore
info on it besides the three bullet points there? A Q Not that I'm aware. Again, I'm not over that team.
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that, and it's 7890 in bold, so you want to find that section within the vault. Q Okay. So-I get it now. Okay. Take me through number
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We're just making sure it got filed
We're not checking anything else.
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I guess my question is,
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The--
And number eleven, find the 7890
That was just an example.
So the loan number reads
twelve, if you would.
Page 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 A So there's a loan number on the document, so in the
vault we could have multiple loans that end in 7890, so all those loans are basically on a shelf together. So the filer
has the document that has loan number 1234567, whatever, on it, so they're going to take the document--
Once they find a
section, they physically have to go through the, you know, fifteen, twenty files in that section.
So they're pulling it
out, looking up the loan number on the file, matching it to the loan number they have in their hand before that document is interfiled. So the document has the mortgagor's name and
loan number on it, the file label itself has the mortgagor's loan number and name, so they're matching those two items up prior to interfiling that document. Q
When they interfile it, are they actually--
they will actually pull the file to match it up-A Q A Q We do.
--with the documents that got in there? Uh-huh (yes).
would just--
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it right there.
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So
But they wouldn't take them anywhere?
They
They cannot leave the vault.
No.
They should file It's that
They don't take it off the shelf.
little area within the vault. Okay. And, again, we've been going over an hour.
Let me know if you want to take a quick break.
Page 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 A Q No. I'm fine. Just let me know.
The boxes lower after that speaks about if the file Can you take
is not located, then certain steps are taken.
me through those steps and state when you might-A
Usually it's a timing difference of the document That's the typical
comes in and the loan's paid off. scenario we see.
So the file is not on the shelf, so it's They're going to--
going to go to the research area.
mean, they will continue to file the documents they have in their possession. At the end of the day they take the
documents that they were not able to find a file for to the research area and they would research it and say, "Hey, this loan paid off. release area." Q Okay. We need to send the documents to our lien
So basically when the file is not located,
that would be if it was paid off? A It could have got released on a nonliquidate, such It's timing
as the foreclosure attorney requested it. difference.
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in this case? A Q I do not know. Okay. The last bullet point on the bottom right,
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Okay; okay.
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Do you happen to know, did that happen
all the documents that are not located are placed with the file reports daily production sheet, given to the team lead,
Page 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 delivers these documents to the research team the next morning. start? A And then that's when the process you said will
The research team would research it to determine if
the file was released and why it was released, and determine where those documents need to go. Q Okay.
One question I've got in my mind is--I may
have asked you before, but the allonges--do you ever have occasion to look at the allonges that get your signature on them? A
Not unless it's been requested for an audit or
something along those lines. Q Okay.
So when an audit would come, it would pass
your desk before going to someone else, or would you actually be responsible for pulling that, or-A I don't pull it. I'll look at the documents before
I hand them off to auditors. Q A
Just to make sure--
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I mean, what's a percentage of the allonges that you see versus the ones you don't see that have your signature on them? A Q I would not have a clue. Okay. For this loan--I should say for this trust,
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Everything that they requested is in the file. Okay; okay. If you can give me your best estimate,
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Page 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 do you know how many allonges you signed or have your A signature on them? A Q I do not. Do you have any recollection of seeing any other
allonges in this trust? A Q I do not.
Do you have any recollection of seeing any other
notes in this trust? A Q I do not. Okay. MR. ZACKS:
The next one I'd like to enter--
(To Mr. Mancilla): the complaint, Joe. COURT REPORTER: MR. MANCILLA:
And if I could, on the bottom right there's number
three, and ask you if you've ever-you ever seen this document before,-A
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in charge of stating when a case needs to have foreclosure proceedings initiated. A Q No. Okay. Did you know in this case that your Is that correct?
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No.
--this whole package?
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This is going to be
Exhibit "5."
Okay.
Well, first of all, have
All right.
And you're not
attorneys represented that the note was lost at the time this
Page 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 complaint was filed? A Q No. Okay. I did not.
And, again, you've stated it is uncommon for
your company to lose an original note? A I mean, I'm not responsible for that area.
I mean,
there are instances where a note is not found, but I wouldn't know what percent of the case that is. Q A Q Okay. It's a very small percent.
Take me through the process, if you know, about
requesting original documents for use in foreclosure litigation. A Is there a written request or is there--
The custodial shop has a--it's internal with Chase,
basically a website set up where the foreclosure department sends requests for files.
authorized to request those files, so there is an approval process granting those individuals authority to request files. They are only granted access to request certain files
or certain accounts, like for this particular trust deal or for, you know, difference scenarios.
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Only certain individuals are
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So it is limited access
That comes to the custodial's They bump the request received to
make sure that the individual requesting it, number one, is an authorized requester and, number two, that we have that file in our shop. That request then gets appended to the
Page 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 custodial system, Win CMSS, for our vault staff to pull. vault staff gets a daily report. They go in, pull those The release The
files, give those files to the release team.
team then goes in, validates the originality and the presence of the documents in the file, updates Win CMSS, and those
document's files are sent out via FedEx, UPS, whatever the
case may be, to those attorneys, and Win is updated with that information. Q
So in terms of the date the request would come
through, that would be on Win CMSS? A
Not the date the request come through.
going to have the date the file was released. Q Okay. Would it be on any other database in terms
of when you actually got a request for some document? A I'm not sure how long that information is
maintained. Q Okay.
out to whoever requests it? A
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idea when the note was sent out? A Q I do not. Okay. Do you know anything-Again, in this it
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Correct. Okay. Do you know in this case? Do you have any
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But it is updated when you actually send it
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Win is only
was claimed that there was a due and diligent search for the note, and that's in paragraph twenty. "After a due and
Page 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 diligent search, plaintiff has been unable to possession of the mortgage note." about that search? A Q A Q A Q A Q A Q A Q I do not. Okay. No. I have to ask you if you know anything
So you wouldn't know the location searched?
I would not.
The identity of people performing the search? No.
Identity of people queried in the search? No.
The date the search began? No.
And total time spent searching? No. Okay.
In this case where was--if you know, where
was the note actually found? A Q I do not know.
Now, updating on Win CMSS, is that the only place
that you document if an original note gets taken out of the vault?
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Yes. Okay. And is there a physical document that
corresponds with what's updated on Win CMSS, or is this just a line entry that says, "Took it out of the vault"? The file actually has a bar code on it, so those
as a request came in,-A Q No. --nothing like that? Okay.
The bar code system,
in terms of when that's checked out and checked in, is that a separate--the data that that collects, is that--would that be in a separate database from Win CMSS? A Q No. Okay. That's in Win CMSS.
So every time it's checked out, it'll have
it in there? A Q Correct. Okay.
Does it record who actually took it out, or
is it going to have maybe the name of the vault employee? A It'll have the name of the vault employ- --or the
standard ID, everyone's assigned a standard ID--of the vault employee that scanned the file.
requested it, for example, it would be scanned to my standard ID. So I could determine, you know, the vault staff released It has a date and a time stamp. But that wasn't, you know, for this loan?
it to me.
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And then it would--
If I
Okay.
Correct. Okay. Do you know anything about the pooling and
servicing agreement that covers the trust that this loan is in?
Page 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 A Q Not this particular one. Are you aware of other cases of some of the
requirements?
Have you had occasion to deal with some of the
requirements in pooling and service-A
I mean, I've looked at the pooling and servicing
agreements, but it's not specific to the custodian shop, so that's more on the servicing side. Q really-A So you did see it in this case?
I'm not sure that I saw this one.
reviewed pooling and servicing agreements in the past. Cannot say that I reviewed this one. Q Okay.
So in your opinion, the servicing department
would know about the pooling and servicing agreement? A Q Correct.
But, in general, in the occasions where you've come
across the pooling and servicing agreements when a loan is in a trust, you are aware that there are some requirements that speak to the custodial duties?
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Okay.
But you don't know in regards to this--
I do not. Okay. J.P. Morgan Chase, is it your understanding
that they're the custodian for this trust? Yes.
Page 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 Q A one point. Q And what about the servicer? I am not sure. I mean, they were the custodian at So--
I'm assuming we still are. Okay.
Now, other than the mortgage and the note
and assignments and things like that, documents associated
with the trust, those would go on the same file as everything else? A Credit documents would not.
There's a separate
file called a "servicing file" where credit documents, origination documents are maintained.
documents are maintained in the collateral file. Q Okay.
Would some of those legal documents include
like a request for a release from the trustee? A Q Those are maintained all systemically on Win CMSS. Okay. And what about if you ever have to certify Again, would that go in the same
something to the trustee?
file as the mortgage or note, or would that go in the credit document file, or-A
certifications are usually performed in a separate database,
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and it's not put in the collateral file. Q A Q Do you know what that database is called? I do not. But it's under the auspices of the certification
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Page 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 A signed. Yes. And a lot of times it's just paperwork that's
So depending on who the investor is, it could be
physical paper that's signed and maintained in a file folder somewhere versus on-line. Q Sure.
Do you know about the requirement in this
case in the pooling and servicing agreement that requires the assignment to be given to the custodian within thirty days of the closing date? A Q I am not.
Have you seen provision like that in other pooling
and servicing agreements? A Q I have. And how do you--
certification team that's typically in charge of ensuring that they meet the dates? A
It would be the custodial shop.
would be the certification team.
not required to initially certify the document. Q
within thirty days of the closing date?
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Again, would that be the
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Because those documents are
I do not. Do you know, did your company file--I should say
complete a certification reviewing the mortgage file? I do not know. Do you know if you found any documents missing in
Page 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 the file that would require you to file an exception or omissions report? A Q I do not know. Have you seen certifications when you review a
mortgage file that were then sent to the trustee? seen that in other cases? A Q I'm not sure I understand. Sure. Under-Have you-Sure.
Have you
have you seen the requirement that the custodian certify a review of the mortgage file? A Q A Q Yes. Okay. Sorry.
And in those cases have you actually seen a Have you ever reviewed one?
certification? A Q A Q Yes. Okay.
Not that I remember.
be electronic or a document.
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Let me ask, in other cases when you've seen the certifications, did those then get sent to the trustee? A Q A I am not sure. Okay. No. That would be the certification team's
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But not in this case?
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And typically--
I mean, you said that could
When you send that, typically--
Page 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 responsibility. Q Okay. Are you aware in this pooling and servicing
agreement of a requirement that when the mortgage file gets released out of the vault, that there needs to be a request for release? A standard. Q A Q Okay. Yes.
Not in this particular agreement, but that's pretty
And so you've seen them in other cases?
What are the requests for releases typically Just--
consisting of? A
I mean, in this case it's the electronic process
that I described earlier.
required, the loan number, requester. that's restricted.
who's requesting it is authorized, and certain loan data. Q somewhere. A And that would be maintained on your files Right?
in Win CMSS.
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in this case? A Q Correct. Okay. The next one I'll give you is-COURT REPORTER: This will be "6."
"Selections From Your Response To Our Request For Production." MR. MANCILLA: MR. ZACKS: Right. I have it.
Okay.
And the reason I did that,
obviously it's partial, but because you had like six hundred pages or something. took a few documents out of there. MR. MANCILLA: MR. ZACKS:
MR. MANCILLA:
I ask you if you recognize the first document here? I do not. Okay.
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servicing rights to J.P. Morgan Chase Bank in it. look about right? A Q It does. Okay.
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Q
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Yes.
Okay.
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Have you ever seen a document like this
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Chase Bank USA, NA, appears to switch the Does that
And, again, can you state, if you have any
knowledge, why that switch would occur?
Page 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 Yeah. A Q No. Okay. Did the mortgage file switch locations or
change vaults in connection with this sale or transfer of the servicing rights? A Q A Not that I'm aware. Okay.
I mean, servicing is typically servicing the file
and typically has nothing to do with the location of the collateral file or servicing activity. Q physical-A Sure.
And would there be a record of that if the
It would be scanned with the bar code and
tracked on Win CMSS if it did move. Q Okay.
The next document--
After the employment verification we've got--the page
after that at the top is titled "Open Conversation Log." A Q A Okay.
I ask you if you recognize that document?
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I do not. Have you ever seen a document like it? I have not. Okay. So you wouldn't know what database this is
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After--
from? No. Okay. I do not. And on 1-30 of '07. It says, "SAM
Page 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 assigned." Would you know what that means? Also, there's a
couple of dates with-A Q I'm sorry. Okay. I do not.
And if we can flip ahead to page--on the top
right, same title, "Open Conversation Log," top right, page four. A Q before? A Q A Q No. Okay. Again, the same question.
Have you ever seen this
Don't know what database it's from? Correct. Okay.
Second-to-last entry from the bottom it
says, "Missing HUD mortgage in same name affidavit. quality gate to on-site." A Q A Q I do not.
Would that be somebody from your company? I do not know.
knowledge of this, or--
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(WITNESS PERUSES DOCUMENT.) A It looks something maybe like originations would I don't know. I'm not
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Okay.
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Any knowledge of what that means?
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Gave
So would you know who would have more
Let me look through it.
have done, but that's just my guess. sure.
Page 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 out. A Q A Q A Q A Q A Q Okay. I mean, I don't recognize any of the users' names. Okay. This is-Okay. I ask if you recognize this document? I do not. Have you ever seen a document like it? No. The next one after that, page four, I took The top page is 3270 Explorer.
So you wouldn't know what database it's from? It looks like from a servicing system just because
3270 Explorer is, I believe, the servicing system. never seen the screen before. Q Okay.
In any other--
cases, you've never had occasion to go on this particular database then? A Q No.
Okay.
down, where it says, "LMT053009," it looks like, "review. FCR being contested per FRC notes.
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you would have no knowledge of what that means? A Q Correct. Okay. I do not. In your dealings with cases
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It's a--servicing.
So I still have to ask you with their entry
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But I've
Is--
Okay.
In any other
I do not.
Currently on hold."
And
Have you ever--
that have gone to foreclosure proceedings or litigation, have you known the bank to put a case on hold?
Page 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 A I have no knowledge of this at all. I mean, it's
not my area. Q Okay. The next one looks to be the same database,
and we're looking at the page where the top right says, "P012/019." On 2-20- -I'm sure that's wrong. Yes.
2-20, the third entry from the bottom, "Skip trace possible. Number pulled credit app from I-vault." knowledge of what that means? A Would you have any
I-vault is the image repository that all of are
documents are scanned into once they're imaged. Q Okay. So-Okay.
the physical vault and the security procedures with that. The I-vault, then, similar protections or, you know, password and stuff? A Yeah.
It is.
accesses recertified periodically. Q A And who typically has access, if you can say? Anybody that would need it to complete their job.
I mean, servicing, if they need copies of documents for escrow, that sort of thing.
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of users available. Q A Q A And you said you scan in every document? Yes. Okay. Well, every credit or servicing file collateral
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It's password protected and all the
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But I asked you before about
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I mean, I wouldn't have a list
Page 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 Q document, we do. Q Okay. MR. ZACKS: r‚sum‚. COURT REPORTER: MR. ZACKS: Exhibit "7." The next one I'll enter is a
Yes, please.
The quality assurance plan, again, just if you
could, take me through that, what exactly is meant by that. A Quality assurance currently employed by loan
transferring document management. within Chase. We--
My team is responsible for performing a
quality assurance review, both domestically as well as internationally, behind all functions within our area-department, rather. Q
So any time a--
loan transfer and document management.
about any time a document gets transferred? A Well, this group-The group is responsible for
managing credit and collateral files, which typically includes document movement for CHFLLC.
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Well, I guess, just tell me-So are we talking
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It's just a division
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For--? CHF, which is the mortgage division. Oh, okay. Of course. Okay. The quality assurance What
reviews, what kinds of things does that entail? exactly--
What kinds of things are you looking for, how do
Page 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 you go about looking for those things? A I mean, we typically look for all investor We do a quality assurance
requirements of loans coming in. review.
We're making sure that the loans were reviewed in If exceptions were
accordance with investor guidelines.
needed, they were noted, cleared appropriately.
internal things we look for to make sure service levels are met, like the documents being filed accurately, documents being filed timely. We typically perform a percent of each
employee's work performing that function and roll it up into a monthly QA report that goes to senior management. Q So you do conduct some reviews at the behest of the
investor,-A Q Yes.
--if the investor wants you to review and make sure
the file is in there? A
And certain investors require us to have our own
internal QA plan and monitor that sort of thing, and they periodically request a report for review.
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required by the pooling and servicing agreement? A Q Yes. Okay. What kinds of problems are you trying to
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Q
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So your review would be separate from any review
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eliminate?
I mean, what kinds of things do they say, "This Make sure you've got quality
has happened in the past.
Page 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 control on it to make sure it doesn't happen"? A I mean, just any risk to the company. I mean, if
the loan was reviewed incorrectly and our data doesn't match, I mean, that would be a repurchase down the road if the investor would find that.
I mean, documents being interfiled
incorrectly, if the loan did go to litigation and we can't find the documents. risk to the company. Q
I mean, just anything that would pose a
Previous title was "Develop and Monitor MIS for Key Again, talking about the same kinds of things? It's based off quality reports.
Risk Areas." A
It is.
just monitor different reports and determine what the risk is and try to implement QA around that. Q kinds of-A
You said identify and respond to any trends. I mean, were there things-I mean, it stands for an employee level.
employee is--we were typically missing note endorsements or making sure that the ARM data is certified inaccurately. we trend down to that level and try to identify that and implement corrective action. So
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going on-A Q A No. --and they told you to come in and fix it? No. I mean, typically the vault filing area is
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I mean, we
If an
Okay.
But there wasn't any pervasive misfiling
Page 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 over ninety-nine percent (99%) compliance at all times, so-Q Okay. Now, the external and internal audits, in
terms of the internal audits, again, would that come from senior management, or would that be something you would do, you'd go ahead and order that to do some quality assurance? A Internal audits, Chase a general auditing
department located out of New York that typically comes in, and depending on the risk and severity and when their last review is, they'll do internal audits of various divisions, so I just coordinate all of that. Q
And forgive me if I've asked it, but for this
particular loan do you recall doing an audit? A Q I do not. Okay.
Were there trailing documents in this case
that you know about? A
Well, any of the recorded documents were typically
considered trailing documents, anything that's not in the file at the time the note comes in. Most of the documents
have to be recorded, so they come in after the fact, and we just term that, "trailing documents."
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came in, would you look at Win CMSS? A Q That's correct. Okay. Previous title,-Well, I don't know. Oh, yeah. Bulk
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And, again, to tell when those trailing documents
Somewhere in here it spoke about--
Page 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 acquisitions. In your position as servicing and quality
assurance manager, bulk acquisitions, am I right to assume we're talking about securitization or no? A Most of those are securitized with agencies,
Fannie, Freddie, Ginnie, where Chase would go out and acquire servicing from a particular seller and bring those into our shop. Q So due diligence.
It'd be the same kinds of things
we were talking about, making sure that the documents got in the right-A Q A Q A Right. --file-Correct.
--any time it was--
And a lot of times we would actually go out to
those lenders and perform an on-site due diligence. Q Okay.
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I hand you another one here. "8." This is one you
COURT REPORTER:
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MR. ZACKS TO MR. MANCILLA:
gave to us, Joe, that has--it's got Ramon Lusk and Judith A. Young written on it,-MR. MANCILLA: MR. ZACKS: appointment. Uh-huh (yes).
--talking about their some kind of That's what we're looking at.
Can you tell me if you recognize this document?
Page 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 A Q A I do. And can you tell me what this is? It's a request to have Ramon Lusk and Alicia Young It's execute documents.
appointed as assistant treasurers. Q Okay.
And Judith A. Young, you said before, that
is the person who signs this? A Q It is A. Young. Okay. Right.
And Ramon Lusk, I don't think I ask you Do you know him?
about him before. A Q A Q A Q I do.
What's his department?
He actually reports to Judith or Alicia. Okay.
He's in lien release. Lien release?
document, do you know what this was in response to? have it numbered from the-A Yeah.
(WITNESS PERUSES DOCUMENTS.)
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Number ten. Okay. MR. ZACKS: We're a little bit out of order
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I think I numbered it.
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Okay.
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When you gave us this You may
Let me see.
here, but let's enter the Notice of Deposition as our next one. COURT REPORTER: "9."
Page 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 Q Q So that document you gave us, that was in response
to number ten, which states, "Documents received from J.P. Morgan Chase Bank upon which the plaintiff relied on as evidence of the authority of A. Young-A Q A Right. --to endorse the promissory note." Correct.
And then the authenticity of the
signature, I believe, is on the other document.
at that earlier, where the image--signatures were actually scanned in. Q A Q
The list of the signatures that we looked at? Well, this document (indicating). Okay. And that's--
COURT REPORTER: MR. ZACKS:
COURT REPORTER:
I reading that correctly?
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back on there. A Q Yes. Okay. And do you know why assistant treasurer as
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So this appointed them as assistant treasurer. Oh, I'm sorry.
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COURT REPORTER:
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She's referring to is--? Exhibit "3." Exhibit "3." Okay. Am Thank you.
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You looked
"3."
Okay.
I should put that
opposed to assistant vice-president or assistant secretary? I do not.
Page 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 Q Do you know if they had any other duties, you know,
as assistant treasurer versus in the times when they sign as assistant vice-president? A Q A Q A. Young? A Q No. Okay. I do not. Have you ever signed as assistant treasurer? I'm not sure. Okay.
And do you know why Judith Young signs as
We're through with that one. WITNESS TO MR. ZACKS: a break before 1:00? MR. ZACKS: WITNESS:
reschedule a meeting. take quite this long.
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MR. ZACKS: WITNESS: MR. ZACKS:
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Of course.
Just before 1:00.
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Could we like just take
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I just need to
I didn't think it'd
No; no.
Of course; of course.
So-Absolutely. Yeah. Oh, do you
want to take a break now? WITNESS: It doesn't matter. I just want a
few minutes before 1:00. MR. ZACKS: WITNESS: MR. ZACKS: Sure; sure; sure. I'm sorry. Sure. We can take it now. Take--
Page 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 (OFF RECORD.) MR. ZACKS: one yet. WITNESS: About how long is good for you?
Fifteen minutes, maybe? MR. ZACKS: Whatever you want. Yeah.
And I don't think we entered this This is the second authorization. "10."
COURT REPORTER: MR. ZACKS: Okay.
EXAMINATION BY MR. ZACKS, continuing: Q
Now, this is another document with Ramon Lusk and
Judith A. Young, and I'll ask you if you recognize this document? A Q A I do.
And can you tell me what it is? It's the resolution granting them signing authority
as assistant treasurer to execute allonges and assignments. Q Okay.
duties when they are appointing with signing authority? do they have to--
additional duties?
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Do you know, do they have any additional Like
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I'll just ask this, do they have any
Not that I'm aware. Okay. When it says they are appointed to assistant They don't
treasurer, again, is that--that's just a title? have any actual duties as a treasurer? That's my understanding. Right.
It's for
Page 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 executing document purposes. Q Okay. On this allonge, I mean, it appears that a And I'll ask
Judith A. Young signed as assistant secretary. you, is that--if I'm reading that right. A Q It does.
Do you know why on that document she signed as
assistant secretary? A
Well, she has additional signing authority that I
just, I guess, overlooked that and didn't request. Q Okay; okay.
Typically, would you just have one of
these appointments for all signing purposes, or if a new trust came in would you have to get another-A No. I think you could have multiple titles for
signing purposes. Q A Q A Q Okay. It is.
So it's possible she has another one? That I just failed to--
That's okay. --get.
vice-president--in your capacity to sign as assistant vice-
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president, did they require you to take in any addition duties? A Q A No. Attend any extra meetings? No.
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Okay.
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And in your signing capacity as assistant
Page 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 Q And have you ever signed as assistant treasurer or
assistant secretary? A Q I do not recall. Okay. And your title, you know, on your r‚sum‚ is
vice-president, and you sign as assistant vice-president. Any difference there, or-A president. No.
I mean, my--that's my working title, is vice-
My functional job, I'm a vice-president.
signing documents, my title is assistant vice-president. Q And you're vice-president--your working title,
you're vice-president of J.P. Morgan Chase. A Q A Q Correct.
Not vice-president of Chase Home Finance? Correct. Okay.
But on the allonge you sign as assistant
vice-president of Chase Home Finance? A Right.
corporate resolution for that legal entity. Q
companies?
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All right.
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And I believe that should be on the
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But for
Correct?
Do you have sign-in authority for other
I have it for J.P. Morgan Chase Bank and CHF. Okay. And not other companies besides that?
Correct. Well, not MERS? You don't have any authority to
sign anything on behalf of MERS?
Page 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 A Q I do not believe so, but we'd have to confirm that. Okay. Now, again, Judith A. Young, her real title,
she's a vice-president, you said? A Q Assistant vice-president. She's an assistant vice-president. Okay.
Let me
go back to after the allonge was produced. through the sorting procedures.
We've gone
When you actually get it
into the file, when you actually physically place in the file, can you tell me what takes place? it--
When you say they "interfile it," when they take that
allonge, do they just place it into the file? A Well, I'm not sure.
I'm not sure what you're trying to-Q
Well, do they--you know, would they attach it to
something else? A Q
I'm not sure. Okay.
if they, for example, staple it to the note? A
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there a typical-A Yeah. I've seen it stapled to the notes, so-I'm not sure. So you wouldn't-And, likewise, you But
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No.
Okay.
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Okay.
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I mean, that's our process.
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Do they just put
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I mean, I'm not over the team, so--
So you wouldn't have reason to know
I mean, I don't know, so-Well, have you seen in other cases? Is
does that team do it? Okay. Okay.
wouldn't know if there's a standard procedure for what they
Page 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 Q A Q A do when they take that allonge and get in the file? A Q A Correct. Okay. And that would be--?
Because-MR. ZACKS:
If we could enter this one, this
is the Win CMSS screen printout. COURT REPORTER: MR. ZACKS: "11."
Number "11"? Yes, sir.
COURT REPORTER:
I ask if you recognize that document? I do.
And if you would tell me what it is, please. It is a screen shot from Win CMSS, the custodial
system of record, that basically shows this loan, when it moved into the securitization. Q
If you'll look on the right side just in terms of
where you can scroll up and down like on a computer screen, it appears you can scroll up and down on this screen. A
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Correct. Does that mean there are a lot more entries for
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I would assume. Okay.
Yes.
And do you know why all those weren't
produced, or-Well, I believe I was giving you this in response
Page 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 see-A to one of the items that asked when the loan moved. Q A screen. Okay. If you'll look, it was toward the bottom of the It's CMBW, which is basically a warehouse account. So--
And it transferred into a JPMAC subprime securitization,
which would have been the point it would have been in the security. So that was the information I was trying to
provide, which is why I only provided this screen shot. Q Okay.
So if you could, forgive me, but take me "Location: Move into M- --"
down from the top. A
That's just when it's physically moving locations, Somebody requested it, so it got scanned
so it got scanned.
from one location to another.
pool would have got certified, some type of certification. It could have been initial, final, research, not sure. have to get the details to determine that. Q The location move, say we clicked on that, we could
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Uh-huh (yes). --where it actually-Correct. Okay. And the certification--
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The certification means the
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And you would click on that and tell--we could tell So this was actually for the I don't have the
what type of certification.
JPMAC 2007, whatever this deal name is.
Page 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 rest of it. Q Uh-huh (yes). But if you clicked on that, would
you actually get to look at the certification? A Q No. It just gives you dates.
But the certification, that would be somewhere?
There is a document produced in connection with that? A
Well, there should either be an electronic or a
paper document that the certification team would have with that information. Q
The certification team would have that.
didn't actually look at that for this one? A Q A Correct. Okay.
And then transfer in/transfer out?
That means--
2007 CFIWL6, so it was another securitization.
transferred out of that securitization and into the JPMAC 2007 one that we are referring to today. Q A Okay. So this one was in another trust?
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is that common? A Q A Q It is. Okay. Now, when it switched loans, is there--
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It appears that way based on the screen shot. Okay. And is that--can I ask, in your experience
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If you'll see, transfer out is on the So it
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What do you mean "switched loans"? I'm sorry; I'm sorry. When it switched trusts
--is there generally a request for them to do that,
or do they just-A No.
Somebody on the servicing or delivery side is
initiating that request. Q Okay. So would that--
I know it says transfer in
and transfer out. this just-A
Would that be a physical transfer, or is
On the system we're transferring it out of--
file shouldn't be moving.
I mean, we're transferring it on
our system out of that pool into another pool for accounting purposes or securitization.
associated with which securitization. Q review? A Okay. Prior to that, do you see a document package
And that's when the file just got reviewed, what There was a request for the
the note, the mortgage--
transfer and salability team to go in and review the file and all of its contents.
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that's the certification under the terms of the prior trust? A Q I would-Okay. Yes, I would assume.
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And the previous certification, I'm assuming
And then prior to that there was another
transfer in/transfer out?
Page 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 A Q A Right. Do you know what that would be in--
Well, you're transferring it out of a ware- --CMBW, So you're transferring it And then
which was Chase's warehouse line.
out of warehouse into the 2007 CFI securitization. it got transferred out of that into the JPMAC 2007 securitization. Q Okay; okay.
But the first transfer that--when it
says "Pool #0," that means it was not securitized at that point? A Q Correct. Okay; okay.
The location moves at the bottom of
the screen, are those anything to do with those other-A I think we would have to look and see, but nine
times out of ten it's transferring it from--every time it moves. So if it comes to the transfer and salability review
team, it's scanned to that team.
a processor to review, it's assigned to that processor's GID, and then assigned back to--and then back to-moves.
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it's probably going between processors within the review group. Q A Q
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Then once it's assigned to
Every time it
I would assume
Okay. But we'll have to pull that detail to confirm. Okay. Besides this record, would there be other
Page 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 so-Q A records of what happened when it changed from the first trust to the second one? A What-Not that I'm aware.
I mean, you would have
the certification record, which could either be paper or electronic, and this record on the custodial side. Now,
there may be servicing records that I'm not aware of. Q Okay.
That other trust, am I right to assume
J.P.--that it was still a J.P. Morgan trust, or-A It appears to be.
It's in a J.P. Morgan account,
Is there a way to tell who the trustee was on that? I am not aware. Servicing could probably provide
that information. Q follow? Okay.
Are there different procedures that you
Say, one set of circumstances is this initial
transfer, it was not securitized and it gets into the first trust. Is that process different from going from one trust
to another? A
according to the investor's guidelines.
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guidelines differ, I mean, we would go back and re-review the entire file to make sure that the guidelines are met. Q Okay. And the location, that's when you said, you That could be--
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Well, I think the review should take place So if the investor
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know, that can be for anything. Right.
Page 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 Q A Q A --for foreclosure proceedings, for instance. And you see it's got the INT to INT. Uh-huh (yes). That's internal to internal, so it means it moved If it was external, it would have
within the custody shop. EXT.
So it was just moving within the custody shop through
the various processes. Q Okay.
Additionally, when it says location move,
are we talking about the entire file, or-A Q A Q Yes.
--could that be just one document? No. Okay. The file.
It's scanned at a file level.
So like, for example, if one document just
got filed, like an allonge for instance, what would it state? A I mean, it's--
document level, only at a loan level.
in that file at the time it was scanned would be considered moved. Q It's kind of a parent/child relationship, so--
who entered all this stuff, or--
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that if we need to go back and see who scanned the file or who performed certain functions, that information would be available. Q Okay. So as far as the allonges, again, when that
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Okay.
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We don't--
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It's not tracked at a So everything that's
Other identifying marks on here as far as
Not on here.
But there's like an activity journal
Page 95 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 A gets into the file there would be no record of at such-andsuch a date, at such-and-such a time that was interfiled? A Q That is correct. Okay. MR. ZACKS: The next one is--? Exhibit "12." Okay.
COURT REPORTER: MR. ZACKS: "12"?
And I ask if you recognize the document? I do recognize it. All right.
Tell me what this is, please.
It's the corporate resolution granting me signing
authority to execute notes and assignments. Q president. A Q Okay. And that appoints you as assistant vice-
Correct? Correct.
Did you have to authorize this in any way, or did
they just essentially tell you, "Hey, you have authority now," or-A
through our legal group and they approve it, and then it goes
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to the board of directors for final approval. Q Okay. Let's see. Do you know anything about that
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A Q
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My manager has to approve it, and then it goes
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process, what the approval consists of or-No. Okay. I do not. And, again, do you know why they appointed
Page 96 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 time. Q you as assistant V-P as opposed to V-P? A It's just different levels of signing authority.
So, again, whatever signing authority is required to execute documents and-Q A Okay.
I'm assuming maybe that's what was needed at the I'm not sure. Got you. But-Okay.
But you didn't take on any
additional-A Q Correct. --duties with this one?
appointment been revoked? A Q A Q No.
Have you ever had other authorities be revoked? No.
And did you electronically sign this one, or did
you actually sign this one? A Q
I actually signed that one.
authority to sign for Chase Home Finance?
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Mortgage Corporation.
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Okay.
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Okay.
Has your
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And, again, you have--
Does this give you
Well, this one is actually for Chase Manhattan I believe I provided a merger document
where Chase Manhattan Mortgage Corporation merged into Chase Home Finance, LLC. Okay. So this--
Page 97 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 And the merger document is still valid. This is
valid under the merger document. Q Okay. And did you-Did anybody-Did you ask
anybody if that was the case, or did they just basically tell you, "Hey, you can now sign as Chase Home Finance now that it's merged"? A Q A Q Legal gave us direction on that. Okay. Our internal legal department. Okay.
So you didn't need any reauthorization on
Home Finance? A Q Correct. Okay.
Previously you had been signing, though, as
assistant vice-president of Chase Manhattan, though? A Q Correct. Okay.
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Q A Q A
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I think that's different. It is. Okay.
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COURT REPORTER: MR. ZACKS: Yeah.
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And this one, I think this is-"13."
Right?
Tell me what that document is, please.
This is a corporate resolution giving me assistant
vice-president authority to endorse notes and assignments for J.P. Morgan Chase Bank.
Page 98 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. And same question. Any additional
duties that you took on as a result of this? A Q A Q A Q A Q No. Same process of getting approval? Correct. Has it ever been revoked? No. Did you personally sign that one? Yes.
Have you signed other documents on behalf of
J.P. Morgan Chase besides notes, assignments--notes and assignments? A
Not legal documents.
like that, correspondence, but no legal documents. Q Okay. Okay.
the Law firm for the purposes of a foreclosure lawsuit, what format do you do that in?
send it to them, or only specific documents that they request?
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Win CMSS? A Q A Correct. Is that the only receipt of shipping? To my knowledge.
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A Q
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The entire file. Okay. And, again, those records would be on
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When you send original documents to
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I mean, letters or things
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Do you take the whole file and
Page 99 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 Win CMSS. Q Okay. So when the firm gets it, they would--you Okay. Do they track those or-Their tracking number is also included in
They do.
would know? A Q I'm not sure. Okay.
When you send it to the Law firm, would that
include the assignments? A
It would include anything that was in the file at
the time it was released. Q
If an assignment was later created, would it first
get sent to you and then-A
And it would go in the holding area.
sent to the imaging process and it would get sent to the sort team and eventually research, and they would determine the file was released and it would go to the holding area that we had discussed earlier until we received the file back or foreclosure is actually initiated and completed. Q
automatically send that to the attorney?
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It would get
And the holding area--
So you wouldn't
No. Do you usually prepare-And by "you," I mean,
your company. mortgages?
Do you usually prepare the assignments of
It really depends on deals.
It just depends.
Page 100 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 Sometimes they do, sometimes they--it's a--an outsourced vendor prepares them. Q Okay. The same question for the allonges. Does
anybody else prepare those besides in-house folks? A
If an allonge was missing on a loan that Chase
purchased from a correspondent lender and the correspondent would need to like prepare the allonge to have their signature on it, those lenders would prepare it. Q A Okay.
We would only prepare it if Chase is actually the
one assigning the loan. Q Okay.
Do you happen to know when this--when you
sent the originals to the Law firm for use in this foreclosure lawsuit? A Q I do not.
Do you happen to know if--when you sent that, if
the allonge was attached in any fashion to the note? A Q I do not.
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If we can go back to-This was the I think you've
MR. ZACKS TO COURT REPORTER: Notice of taking Deposition. already entered it. COURT REPORTER: MR. ZACKS: Yes, "#9."
All right.
And I'll ask you, do you have anything else besides
Page 101 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 the CV you've provided me in response to number one? A Q No.
Do you have any other documents besides what you've
provided us in response to number two? A Q No. And that was-Okay.
So number two, that was the Right?
appointment and the merger agreement. A Q Correct. Okay.
And number three, besides the exhibit
entered on that one, is there any other-A Q A No.
--corporate resolution?
And do you need the merger agreement?
provided you a copy. Q A Q A Q No. I--
I believe it's in your folder. I have it. Okay.
you're providing it, I've got to enter it.
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Well, you know, I do.
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You know, I--
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I believe I
I don't need to enter it.
If you're--
Actually, if
I'm sorry. That's okay. MR. ZACKS: And we'll enter this plan and
agreement of merger between Chase Home Finance and Chase Manhattan.
continued your authority--or, rather, transferred your authority to sign from Chase Manhattan, and your
understanding was after that merger you could sign as Chase Home Finance? A Q That is correct. Okay.
In response to number four, was there
anything specifically from Chase Home Finance that gave you authority to execute-A Q A Q No.
--the allonge in this case? No.
Number five, anything that instructed you to
execute the allonge in this case? A Q No.
Nobody--
actually tell you to do it? A
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randomly select signatures of the appropriate level people needed to complete those. Q Okay. But the request to actually get those done, Certification says, "We need an allonge.
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Q A
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No.
Where would that request have come from? And, again, it goes back to the database where they
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is that, what?
Page 103 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 Let's see who we've got--" A Well, actually, either the-The delivery side
that was going to securitize the loan would notify our certification department, who in turn would get the allonges created. Q Okay. And in the process, again, you didn't
receive anything? A Q Correct. Okay.
Number six is anything disclosing when you
executed the endorsement. A allonge. Q A Q Okay.
And it should have been the date printed on the
And nothing else besides that?
Correct. Okay.
Number seven is anything tracking the
removal of the note from the storage area for the purposes of endorsing it. A No.
from the vault, documents in our file.
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written instructions or anything, any documents at all, documenting or demonstrating the attachment of the allonge to the note? A Q No. And anything documenting the return of the
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All right.
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Because our process is the file is not removed
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And the same question, anything--any
Page 104 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 promissory note and he allonge to the storage area? A nothing. Q When it-Did the note get removed for the No. It wouldn't have got removed, so there is
purposes of this lawsuit? A Q A Q CMSS,-A Q Correct. --as well. Right?
I'm assuming, but I have not checked our system. Okay. But that would be on Win CMSS?
It would.
And if it got returned, that would be on Win
have--on the screen shot we have, we don't have that? A Q That's correct. Okay.
And the same thing for the allonge.
I asked you before, but there's no document that would--that you produced that would actually state this is when the allonge got in the file? A
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reason you were instructed to execute the allonge in this case?
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Correct. Okay. Number eight, anything that discloses the
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Okay.
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But we didn't--we don't
I know
No. Didn't receive anything like that. No. Number nine?
I believe I provided some doc- --the screen
Page 105 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 shots from that. Q Okay. Nothing additional. So besides the allonge production process we
went through,-A Q Correct.
--there's nothing else you would have that would
show how your endorsement got on there? A Q Correct. Okay.
And when that endorsement was produced--
Again, is there a way to find out who actually did that? A Q A Q No. Okay.
Someone in which department?
Certification. Okay.
How many people are in the certification
department, if you know? A Q Ten to twelve. Okay.
Number ten, everything evidencing stuff from
J.P. Morgan Chase Bank allowing for the authority of A. Young to endorse the note,-A
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Young? A Q
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No.
--and the authenticity of the signature of A.
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Nothing other than what's been provided. Okay. MR. ZACKS: And I don't know-I'm going to
which show the sale of the promissory note to another entity? WITNESS TO MR. MANCILLA: the ones that I was told-MR. MANCILLA: WITNESS: Joe, was this one of
Subject to a Protective Order.
Right.
MR. MANCILLA:
But I think we don't have to
provide anything for eleven, twelve and thirteen, Dustin. MR. ZACKS:
I'll still ask you, did you bring anything? No. Okay.
And the same thing, number twelve,
anything--any written materials-A Q No.
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response to that? A Q No. Okay. MR. ZACKS TO MR. MANCILLA: Number eleven and
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--which show the current owner of the promissory
And number thirteen, did you bring any documents in
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That's fine.
twelve, Joe, wasn't that the one where the
Page 107 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 order said it was denied as overbroad, but plaintiff shall produce in good faith documents related to the sale of the note? I
didn't bring a copy of the order with me, but I know-MR. MANCILLA: here. MR. ZACKS: Yeah. Well, let's see.
I've got it
Check it out just to see.
MR. MANCILLA:
Okay.
I mean, the answer is the same.
bring anything, you didn't bring anything. the record, I-Which-MR. MANCILLA:
she didn't have to bring anything relating to that.
this moment.
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I'll just put that, I guess, my two cents for the record, I think the order said that the plaintiff shall produce in good faith documents related to the sale or transfer of the note. MR. MANCILLA: MR. ZACKS: Uh-huh (yes).
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If you didn't But I just-For
Okay.
Well, that's all right.
And the deponent has stated--
You didn't bring anything in response to number
Page 108 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 documents. eleven and twelve? A Q Correct. Okay. MR. MANCILLA: MR. ZACKS: Thanks.
So, again, we reserve our right to
request those documents and continue the deposition if we get those documents.
I mean, I wouldn't be the one providing those That's servicing.
So in my role, I would not
provide that. Q
I do not have that system that--
Can you tell me what kind of documents--
we're looking for anything, obviously, that--
we termed it was "showing the sale of the promissory note." What-A
That would be a servicing/investor reporting type I mean, we only do what we're
activity versus custodian. instructed to do. back end. Q owner.
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to specifically ask, "You have a document somewhere on your records that says this is the current investor"? we ask for? A Q I would say investor reporting. Investor reporting. And the same thing with What would
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Okay.
What kinds of documents would we ask for if we wanted
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So if it's sold, we get notified on the
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You know,
Again, the way
And, again, documents showing the current
Page 109 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 eleven. A You said servicing and investor reporting? Right. Servicing. I'm not so sure about investor
reporting, but someone in servicing manages the sale of loans. Q A Q Okay. Right. --documentation of it?
So they would be the ones, they would have
Is it true that Win CMSS
would have--
I mean, if I clicked on the spot where it says,
you know, transfer in or transfer out into a different trust, if I clicked on that would there be a document there, or is that just-A Q A stamped. Q Okay. No. --a notation?
It's just a notation with the time and date
So that doesn't link to any other, I don't
know, sale agreement or something like that? A Q No.
check and see if I entered that one?
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copies of that, but see if we have that already entered.
not, I'm going to enter that as your response to one of the items. So-COURT REPORTER: think, or-This is it right here, I
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Okay.
Great.
The only thing is, can we I think I brought If
Page 110 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 MR. ZACKS: Is that it, or is it different? I let you compare them. Thank you.
COURT REPORTER: MR. ZACKS:
Let's see.
COURT REPORTER: MR. ZACKS:
I see just some dates.
Well, this one has more pages.
don't know if I printed it off wrong or what. Let's enter it. COURT REPORTER: MR. ZACKS: Okay.
So this will be "15." This is
And this appears to be--
another document with Ramon Lusk and Judith A. Young on it, and we'll enter this. And this was what you stated was in response to
number ten, I believe. A Q Yes.
I'm sorry.
Oh, that's okay.
and tell me what the document is? A It's the corporate resolution granting Ramon Lusk
and Judith Young assistant treasurer signing authority to endorse notes and assignments.
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revoked? A Q
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And I wonder if you'd take a look
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And do you know if that authorization was
Not to my knowledge. Okay. And any additional duties that you know of
that they would have taken on as a result of that appointment?
Page 111 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 No. MR. ZACKS: And I think I'm good. Joe?
(To Mr. Mancilla): MR. MANCILLA: MR. ZACKS: Okay.
Got anything? No. I don't.
MR. MANCILLA:
We would like to
have her read it if it's going to be typed up. MR. ZACKS: it. COURT REPORTER: Yeah. I think we're going to get
Okay.
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DEPOSITION CONCLUDED.
Page 112 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 26 27 28 29 30 31
STATE OF LOUISIANA PARISH OF OUACHITA I, MARGARET A. COPELAND, Certified Court Reporter in and for the State of Louisiana, as the officer before whom this testimony was taken, do hereby certify that ANGELA MELISSA NOLAN, after having been duly sworn by me upon authority of R.S. 37:2554, did testify as set forth in the foregoing deposition at the offices of Chase Home Finance, 780 Delta Drive, Monroe, Louisiana 71203, on the 29th day of January, 2010, commencing at 10:55 a.m. and concluding at 1:35 p.m.; that this testimony was reported by me in the electronic reporting method, was prepared and transcribed under my
personal direction and supervision, and is a true and correct transcript to the best of my ability and understanding; that
I am not related to counsel or to the parties herein nor am I otherwise interested in the outcome of this matter.
This certification is valid only for a transcript accompanied by my original signature and original seal on this page.
Monroe, Louisiana, this 22nd day of February, 2010.
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_______________________________ MARGARET A. COPELAND,