Christopher-Spradling - W

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1
2 IN THE CIRCUIT COURT
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OF THE SEVENTEENTH JUDICIAL CIRCUIT
3 IN AND FOR BROWARD COUNTY, FLORIDA
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CASE NO.: CACE10032662(11/SJ)
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5 U.S. BANK, NATIONAL ASSOCIATION,
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6 AS TRUSTEE FOR THE GSAMP TRUST
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7 2006-HE2, MORTGAGE PASS-THROUGH
8 CERTIFICATES, SERIES 2006-HE2,
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9 Plaintiff,
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10 vs.
11 MARIE MICHAUD and KUDER MICHAUD, Wife
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12 And Husband; et al.
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13 Defendant.
14 _______________________________________/
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15
16 * * * * * * * *
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17 DEPOSITION OF CHRISTOPHER SPRADLING

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18 TAKEN AT THE INSTANCE OF THE DEFENDANT

19 * * * * * * * *
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20
21 DATE: March 9, 2011
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22 PLACE: 101 Northeast 3rd Avenue

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23 Suite 1500
24 Ft. Lauderdale, Florida
25 TIME: 10:49 - 11:41 o'clock a.m.
Florida Court Reporting 561-689-0999

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1 APPEARANCES:
2 GREENBERG, TRAURIG, PA
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401 East Los Olas Boulevard
3 Suite 2000
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Fort Lauderdale, Florida 33301-4223
4 954-768-8263; fax 954-765-1477
Attorneys for the Plaintiff
5 BY: CORY W. EICHHORN, ESQUIRE
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Eichhornc@gtlaw.com
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SHAPIRO & FISHMAN, LLP
7 2424 North Federal Highway
Suite 360
8 Boca Raton, FL 33431-7780
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Attorneys for the Plaintiff
9 BY: CHAD MUNEY, ESQUIRE
Cmuney@logs.com
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KORTE & WORTMAN, PA
11 2041 Vista Parkway su
Suite 102
12 West Palm Beach, FL 33411
561-228-6200; fax 561-245-9075
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13 Attorney for the Defendant
BY: BRIAN K. KORTE, ESQUIRE
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1 INDEX
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CHRISTOPHER SPRADLING 4
3 DIRECT EXAMINATION BY MR. KORTE
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4
Defendant's Exhibit No. 1 marked for 9
5 identification
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6 identification
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7 identification
Plaintiff's Exhibit No. 1 marked for
8 Identification 36
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1 The deposition of CHRISTOPHER SPRADLING, witness, was

2 taken before me, Rachele Cibula, Notary Public, State of
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3 Florida at large, at 101 Northeast 3rd Avenue, in the
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4 City of Fort Lauderdale, County of Broward, State of
5 Florida, pursuant to notice in said cause for the
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6 purpose of taking said deposition at the instance of the
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7 DEFENDANT in the above-styled action pending in the
8 above-named Court.
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9 THEREUPON,
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10 CHRISTOPHER SPRADLING,
11 being by me first duly sworn to testify the whole truth
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12 as is hereinafter certified, testifies as follows:
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13 MR. EICHHORN: Before we start the depo, I'm
14 going to object to the deposition on the basis that it's
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15 not in compliance with the Florida Rules of Civil

16 Procedure 1.310. It fails to set forth with reasonable
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17 particularity the matters upon which the deposition

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18 should be taken.
19 MR. KORTE: Anything else?
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20 MR. EICHHORN: No.

21 DIRECT EXAMINATION
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22 BY MR. KORTE:
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23 Q. Do me a favor, sir, and give me your full name,

24 spelling your last.
25 A. Christopher Spradling, S-p-r-a-d-l-i-n-g.

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1 Q. Mr. Spradling, if you could do me a favor and

2 give me the benefit of your work history from the time
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3 you left college going forward.
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4 A. After under-grad, I started with American
5 Surveying Company -- no, excuse me -- Dresser Westech
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6 (phonetic). It was in 1984 in Shawnee, Oklahoma. I was
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7 with them until, I believe, '86. I went to American
8 Surveying Company. I was with them for, I believe, a
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9 year. Then I was with the Oklahoma Youth Center. And I
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10 was there until 1990, at which time I went to Citgo
11 Petroleum. I was with them until, I believe, '97.
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12 had my own law practice from '97 to '98. I went to work
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13 for The Money Store. Was with the Money Store until
14 2001. Went with The Dublin Realty Group after that. I
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15 was with them until '02. Since that time, I've been
16 with Litton Loan Servicing, L-i-t-t-o-n.
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17 Q. Sir, can you do me a favor and give me the titles

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18 you've held with Litton Loan Servicing since the time

19 you joined them?
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20 A. When I started in '02, I was the eviction

21 manager. Then I became foreclosure operations manager,
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22 and I currently hold the title of litigation manager.

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23 Q. What does the litigation manager do?

24 A. My primary responsibilities as litigation manager
25 is to review and execute interrogatories, affidavits

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1 related to litigated files, also to attend depositions,

2 hearings and trials as a corporate representative.
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3 Q. As litigation manager, do you do much servicing?
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4 MR. EICHHORN: Object to the form of the
5 question.
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6 THE WITNESS: Can you clarify the question?
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7 MR. KORTE: Sure.
8 BY MR. KORTE:
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9 Q. Do you post payments as a litigation manager?
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10 A. No. It's not required as my -- in my job.
11 Q. Do you do escrow disbursements?
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12 A. No, I do not.
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13 Q. Would it be fair to say that your entire job
14 entails support of litigation of Litton files, not of
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15 the core servicing of the loan?

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17 question.
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18 THE WITNESS: Can you clarify the question,

19 please.
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20 MR. KORTE: Sure.

21 BY MR. KORTE:
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22 Q. Would you agree with me that Litton does

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23 servicing of loans?
24 A. Yes. That is our function.
25 Q. Part of servicing of loans is posting payments,

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1 correct?
2 A. Yes, it is.
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3 Q. And to collect payments?
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4 A. Yes.
5 Q. And to make disbursements?
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6 A. Yes.
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7 Q. And to keep the client reasonably informed about
8 the condition of the loans?
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9 A. Yes.
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10 Q. And also to prosecute litigation in cases where
11 they've been asked to do so? su
12 A. Yes.
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13 Q. Your job doesn't involve posting of payments or
14 keeping the client involved about the condition of a
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15 loan? It involves the litigation arm?

16 MR. EICHHORN: Object to the form.
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17 THE WITNESS: Yes.

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18 BY MR. KORTE:
19 Q. As far as this case is concerned, have you posted
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20 any payments involved in this case?

21 A. No. I personally do not post payments.
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22 Q. When's the first time you became involved in this

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23 particular case?
24 A. August of 2010.
25 Q. How did you become involved in this case?

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1 A. I reviewed the file when I signed the

2 verification of the foreclosure complaint.
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3 Q. Have you been involved other than that?
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4 A. In preparation of this deposition.
5 Q. Well, then let me ask you, have you ever had an
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6 opportunity to speak with U.S. Bank, National
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7 Association, as trustee for the GSAMP Trust 2006-HE2,
8 Mortgage Pass-Through Certificates, Series 2006-HE2?
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9 A. No.
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10 Q. Have you ever had any communication in your
11 lifetime either through e-mail or otherwise with that
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12 entity?
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13 A. No.
14 Q. Have you had any opportunity through any
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15 communication to speak to U.S. Bank, National

16 Association, the Plaintiff in this case?
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18 Asked and answered.

19 THE WITNESS: No.
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20 BY MR. KORTE:
21 Q. Who designated you to be the Plaintiff today?
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22 A. We have authority to act on behalf of the

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23 investor to the pooling and servicing agreement and also

24 through a Power-of-Attorney that's been granted to us.
25 Q. So let me --

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1 (Mr. Chad Muney enters the deposition room.)

2 MR. EICHHORN: Go ahead.
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3 BY MR. KORTE:
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4 Q. I believe my question to you, sir, was: Without
5 speaking to the Plaintiff in this case, how do you know
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6 that he designated you to be the Plaintiff?
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7 A. Through the pooling and servicing agreement that
8 we have and also the Power-of-Attorney.
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9 Q. Have you had an opportunity to review the pooling
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10 and servicing agreement at any particular time?
11 A. Yes, I have. su
12 Q. Can you tell me the section that says that Litton
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13 Loan Servicing is permitted to be the Plaintiff in a
14 litigation on behalf of the Plaintiff in this case?
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15 A. Without having the actual agreement in front of

16 me, I believe it's in Section Three.
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17 MR. KORTE: I'm going to mark this as

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18 Defendant's 1, if you would.

19 (Defendant's Exhibit No. 1 marked for identification.)
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20 BY MR. KORTE:
21 Q. I'm going to hand you what's been marked as
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22 Defendant's 1. Have you had an opportunity to review

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23 that document?
24 A. From the quick review I just did, it appears to
25 be the same document I reviewed.

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1 Q. Can you do me a favor and tell me where it says

2 Litton Loan Servicing in that document?
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3 MR. EICHHORN: Object to the form. I'm
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4 going to object to any questions relating to the pooling
5 and servicing agreement. It's an
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6 over-three-hundred-page document. The document speaks
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7 for itself.
8 THE WITNESS: The document that I reviewed
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9 has on the cover page that Litton Loan Servicing is
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10 listed as the servicer. That's not included on this
11 document you've handed to me. su
12 Q. It's your understanding there's another document
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13 that is a pooling and servicing agreement that lists
14 Litton Loan Servicing as the servicer?
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15 A. The cover page of the pooling and servicing

16 agreements always include the name of the servicer.
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17 Q. Can I see the document for a minute?

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18 A. (Handing).
19 Q. Are there any other documents besides the
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20 servicing agreement that you're relying upon?

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22 THE WITNESS: We have a Power-of-Attorney.

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23 BY MR. KORTE:
24 Q. Who executed the Power-of-Attorney?
25 A. I don't have it in front of me. I don't recall

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1 off the top of my head.

2 Q. Have you reviewed the Power-of-Attorney?
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3 A. Yes, I have seen that.
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4 Q. Do you know when it was executed?
5 A. Not without looking at the document.
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6 Q. Sir, in this particular case, are you aware that
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7 a complaint was filed on behalf of U.S. Bank versus
8 Marie Michaud?
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9 A. Yes.
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10 MR. KORTE: I'm going to mark this
11 Defendant's 2. su
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13 BY MR. KORTE:
14 Q. Have you looked at the complaint which has been
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15 marked as Defendant's 2?
16 MR. EICHHORN: This document looks like it
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17 has other documents other than the complaint attached to

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18 it. Just for the record. So....

19 BY MR. KORTE:
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20 Q. Sir, this Composite Exhibit Defendant's 2, would

21 you do me a favor and turn to the page of the
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22 verification of the complaint and confirm that that's

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23 your signature on the verification.

24 A. Yes. That is my signature.
25 Q. Sir, I direct your attention to paragraph twenty

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1 of the complaint, if you would, sir.

2 A. Okay.
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3 Q. Sir, in count two of the mortgage foreclosure
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4 complaint is the reformation of the mortgage, correct?
5 A. Yes.
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6 Q. Part of that was done for what reason, if you
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7 know?
8 A. The assignment that was done listed plat book 16,
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9 and the plat book should be 18.
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10 Q. Then, at paragraph twenty, you said that --
11 apparently said the error was mutual and undiscoverable
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12 by the parties?
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13 A. That is what I stated, yes.
14 Q. Did you ever reach out to either of the parties
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15 associated with the mortgage in this case?

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17 Which parties?
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18 THE WITNESS: Could you clarify, please?

19 MR. KORTE: Sure.
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20 BY MR. KORTE:
21 Q. Would you agree with me that there were two
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22 parties who made the mistake in executing the mortgage?

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24 BY MR. KORTE:
25 Q. Let me ask it a different way.

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1 At some point in time, is it Litton's position

2 that there's a mistake in the legal description?
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3 A. Yes.
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4 Q. That mistake is a mistake in the plat book?
5 A. And the number, yes.
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6 Q. How did you know that it was a mistake and not an
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7 intentional change?
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9 THE WITNESS: When I was verifying this
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10 complaint, I reviewed our notes in the system which is
11 part of our business records; and nothing in those notes
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12 indicated that the plat book 16 that was a scrivener's
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13 error on the assignment was the correct. So that's how
14 I knew that it should be 18 as listed in the mortgage.
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15 Q. The error on the mortgage or on the assignment of

16 the mortgage?
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17 A. I believe it's on the assignment.

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18 Q. Who were the parties to the assignment of

19 mortgage that you just referenced, if you know?
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20 A. The assignment of mortgage was attached to the

21 complaint as Exhibit C. And it was from MERS, as
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22 nominee for Accredited Home Lenders, a California

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23 corporation, and moving it into U.S. Bank, National

24 Association, as Trustee for the GSAMP Trust 2006-HE2,
25 Mortgage Pass-Through Certificates, Series 2006-HE2.

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1 Q. Did you reach out to any party from Mortgage

2 Electronic Registration Systems to verify that they had
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3 made an error?
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4 A. I verified the information through our business
5 records in our system.
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6 Q. That's not my question, sir.
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7 Did you reach out to anybody at Mortgage
8 Electronic Registration Systems to verify that it was
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9 truly an error?
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11 THE WITNESS: No.
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12 BY MR. KORTE:
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13 Q. Did you reach out to anybody from U.S. Bank to
14 verify that it was an error?
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15 A. No.
16 Q. Did you reach out to Martia Noriega, who signed
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17 the document, to find out if this was an error?

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18 A. Actually, it's Marti Noriega, M-a-r-t-i.

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20 THE WITNESS: No. No, I did not.

21 BY MR. KORTE:
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22 Q. Did you reach out to Ms. Bailey who also signed

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23 this form?
24 A. No. I reviewed our business records.
25 Q. Sir, as the Plaintiff in this case, can you tell

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1 me how the note came into the possession of the

2 Plaintiff?
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4 THE WITNESS: The note was endorsed in blank
5 and negotiated to the Plaintiff.
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6 BY MR. KORTE:
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7 Q. Can you tell me the chain of title?
8 A. Can you clarify, please?
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9 Q. Can you tell me from whom at U.S. Bank, the
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10 Plaintiff in this case, received the note?
11 A. I believe it was -- su
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13 THE WITNESS: I believe it was from
14 Accredited.
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15 BY MR. KORTE:
16 Q. You're here today as the Plaintiff, right?
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17 A. I'm here as the representative of Litton Loan

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18 Servicing who's servicing the loan on behalf of the

19 Plaintiff, yes.
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20 Q. The notice of taking deposition that you're here

21 for today is for the Plaintiff, correct?
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22 A. Yes.
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23 Q. Are you here as the Plaintiff, or are you here as

24 the representative of Litton?

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1 THE WITNESS: I'm here as the representative

2 of Litton Loan Servicing who's servicing the loan on
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3 behalf of the Plaintiff.
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4 BY MR. KORTE:
5 Q. Who caused this complaint to be filed? Was it
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6 U.S. Bank, the Plaintiff, listed in the complaint; or
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7 was it Litton?
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9 THE WITNESS: It was Litton on behalf of
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10 U.S. Bank. We're servicing for them.
11 BY MR. KORTE: su
12 Q. Let me ask this so I don't -- maybe I don't
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13 understand here. Did Litton file this complaint and put
14 you as named Bank -- U.S. Bank's name on it? Or did
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15 U.S. Bank file it and let Litton prosecute it?

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17 THE WITNESS: As the servicer, per the terms

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18 of the pooling and servicing agreement, we act on behalf

19 of U.S. Bank. Litton Loan Servicing referred this file
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20 for foreclosure as part of our servicing activity.

21 BY MR. KORTE:
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22 Q. Litton is the one who began this litigation, not

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23 U.S. Bank, National Association?

25 THE WITNESS: As the servicer, yes.

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1 BY MR. KORTE:
2 Q. Let me go back to my initial set of questions.
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3 How did U.S. Bank come into possession of the note
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4 that's the subject of this litigation?
5 A. The note was part of an acquisition under the
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6 pooling and servicing agreement that's dated March 1 of
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7 '06. It was endorsed in blank. And U.S. Bank is
8 holding that note.
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9 Q. What was the date that U.S. Bank took physical
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10 possession of the note?
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12 question. And I will note that the original mortgage
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13 and note have been filed in this case with the court.
14 THE WITNESS: It would be around the time of
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15 the pooling and servicing agreement.

16 BY MR. KORTE:
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17 Q. That's not my question.

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18 Do you have any knowledge as to whether U.S. Bank

19 physically took possession of the note?
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20 A. No.
21 Q. Do you know if U.S. Bank ever physically took
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22 possession of the note or if it went to a third-party

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23 custodian?
25 THE WITNESS: I don't know on that.

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1 BY MR. KORTE:
2 Q. Do you know if there were any parties between the
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3 originator of the note and U.S. Bank, as Trustee?
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5 THE WITNESS: No.
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6 BY MR. KORTE:
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7 Q. Can you tell me, as you sit here today -- and I
8 believe you've -- we've asked the question. I don't
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9 know if we've gotten a good answer. Can you tell me, as
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10 you sit here today, whom U.S. Bank received the note
11 from? su
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13 THE WITNESS: I believe it was from
14 Accredited, directly from Accredited.
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15 BY MR. KORTE:
16 Q. Given the way you answered the question, let me
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17 ask it. Do you have any personal knowledge, as you sit

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18 here today, from whom they received it from; or are you

19 just supposing because of the endorsements on the note?
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20 A. No. It would be stated in the pooling and

21 servicing agreement who it's from. The cover page you
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22 provided is not a good cover page. It doesn't have all

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23 the entities. It doesn't have the servicer.

24 Q. My question doesn't rely on the pooling and
25 servicing agreement. My question is: Did you have any

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1 personal knowledge as to the party that U.S. Bank got

2 the note from?
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4 THE WITNESS: From the review I've done, I
5 believe it's from Accredited.
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6 BY MR. KORTE:
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7 Q. Are you aware of any intervening parties between
8 Accredited and U.S. Bank?
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9 A. No, I'm not.
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10 Q. Is it your testimony today that the Plaintiff
11 received this note directly from Accredited into the
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12 U.S. Bank, National Association, as Trustee for the
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13 GSAMP Trust 2006-HE2, Mortgage Pass-Through
14 Certificates, Series 2006-HE2?
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17 BY MR. KORTE:
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18 Q. Do you know what documents were sent from

19 Accredited to the Plaintiff in this case along with the
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20 original note?
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22 I'm going to object to this entire line of

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23 questioning. It's completely irrelevant under Florida

24 law.
25 THE WITNESS: The standard on all

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1 acquisitions is that the origination file is transferred

2 over to the new investor.
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3 BY MR. KORTE:
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4 Q. What documents in this case were transferred?
5 A. That would include the mortgage, the note, any
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6 assignments that would be in place, the origination
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7 paperwork from the original lender. Those are the
8 standard documents.
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9 Q. Does your system reflect receipt of those
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10 documents?
11 A. Our business records have imaged copies of all of
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12 the documents that were part of that file, yes.
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13 Q. When you say, "our system," do you mean, Litton
14 Loan Servicing system?
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15 A. Yes. That's our business record.

16 Q. Do you have access to the Plaintiff's computer
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17 systems?
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18 A. No.
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20 question.
21 The Plaintiff in this case is a trust. It
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22 has no employees. There's a pooling and servicing

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23 agreement in place, and Litton acts on behalf of the

24 trust.
25 MR. KORTE: Is that a form objection, sir?

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1 MR. EICHHORN: It's a form objection under

2 the Florida Rules of Civil Procedure.
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3 MR. KORTE: Please cease speaking objections
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4 during my deposition, sir.
5 MR. EICHHORN: It's not a speaking
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6 objection. It's not argumentative. It's a concise
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7 objection according to the Florida Rules of Civil
8 Procedure. You can take it up with Judge Gates, if you
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9 want to.
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10 THE WITNESS: I'd like to take a break and
11 get some water, if I possibly could.
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12 (Recess.)
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13 (Requested portion read back by court reporter.)
14 BY MR. KORTE:
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15 Q. Do you have any personal knowledge as to what

16 documents were received by the Plaintiff in this case
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17 upon transfer of the note and mortgage?

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19 THE WITNESS: The documents that we have in
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20 our file would be the same documents that they would

21 have received.
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22 BY MR. KORTE:
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23 Q. How do you know that?

24 A. That's just standard practice on acquisitions
25 that we are servicing for.

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1 Q. Other than acquisitions and standard practice, do

2 you have any personal knowledge as to what was actually
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3 received?
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5 THE WITNESS: No. I was not present when
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6 the documents came into the building.
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7 BY MR. KORTE:
8 Q. Are you aware of the scanning procedures of
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9 Litton Loan Servicing?
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10 A. I have a general knowledge.
11 Q. I think you just testified a moment ago that the
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12 documents would have been scanned and sent to Litton
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13 upon receipt by the Plaintiff in this case?
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16 BY MR. KORTE:
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17 Q. I would like for you to look at Defendant's No.

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18 2, which is the composite exhibit complaint, and find

19 the actual note.
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20 A. The note is attached as Exhibit A, a copy of the

21 note.
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22 Q. Did you have an opportunity to review your

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23 scanned documents before coming here today?

24 A. Yes.
25 Q. Did you have an opportunity to review the scanned

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1 note before coming here today?

2 A. Yes.
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3 Q. Would you please review the Composite Exhibit A
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4 of Defendant's 2 and tell me if it substantially looks
5 like the document you reviewed before coming here today.
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6 A. Yes, it does.
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7 Q. Are there any differences between the note that's
8 attached to Composite Exhibit 2 in this deposition from
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9 the one that you reviewed at scanning?
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11 THE WITNESS: No.
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12 same document.
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13 BY MR. KORTE:
14 Q. I'd like for you to turn to the last page of the
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15 note, which is page six of six, if you would, and ask

16 you if there are any endorsements on the note itself
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17 that you can see on that page?

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18 A. No. There is none.

19 Q. I'd like you to turn to the next page, please,
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20 which is marked Allonge. Do you see that page, sir?

21 A. Yes.
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22 Q. Is this Allonge attached to the note in your scan

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23 system, or is it a separate document in your scan

24 system?
25 A. No. It's with the note in our scanned documents.

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1 Q. Let me discuss the scanning for a moment.

2 How many scan systems do you have at Litton Loan
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3 Servicing?
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5 question.
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6 THE WITNESS: I believe there's one system.
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7 BY MR. KORTE:
8 Q. In that system, is it a bulk scan of all the
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9 documents; or is it a scan where you have got different
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10 files for each different document?
11 A. There's a different file for each document.
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12 Q. There would be a mortgage document contained in
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13 your scan file?
14 A. Yes.
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15 Q. That would contain all the documents of the

16 mortgage?
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17 A. Yes.
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18 Q. There would be an assignment of mortgage document

19 which would be a separate document, and it would contain
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20 the assignment of mortgage?

21 A. Yes.
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22 Q. There would be a note document, and it would

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23 contain a note?
24 A. Yes.
25 Q. Is there an Allonge document in your scan system?

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1 A. No. The Allonge is with the note.

2 Q. Is the order of the note, the Allonge and the
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3 next document behind the Allonge, the addendum to the
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4 adjustable rate note, are they all contained in the same
5 file?
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7 question.
8 THE WITNESS: Yes.
Fr
9 BY MR. KORTE:
re
10 Q. Are they affixed in the same order which they're
11 presented here today? su
12 A. Yes.
clo
13 Q. Do you know when the Allonge was physically
14 attached to the note?
re

16 THE WITNESS: It would have been done at the
Fo
17 time of the note being transferred to the new investor.

op
18 BY MR. KORTE:
19 Q. Let me ask. Do you know when it was attached?
St
20 A. No. There's nothing on here to give a date.

21 Q. Does your scan system date documents as the date
w.
22 of scan?
ww
23 A. Yes.
24 Q. Could you ascertain, within a reasonable amount
25 of time, the date that this Allonge was actually

Page: 26
1 scanned?
2 A. Yes. It would have been the same date that the
m
3 note was scanned.
co
4 Q. I'm going to ask you to turn to Composite Exhibit
5 C of that document, which is the assignment of mortgage
d.
6 contained in this Exhibit 2 for today's deposition.
au
7 A. Okay.
8 Q. Is Litton Loan Servicing or the Plaintiff
Fr
9 affiliated with Mortgage Electronic Registration
re
10 Systems?
su
12 THE WITNESS: Can you clarify what you mean
clo
13 by, "affiliated"?
14 BY MR. KORTE:
re
15 Q. Is there any relationship between Litton Loan

16 Servicing and Mortgage Electronic Registration Systems?
Fo
17 A. No.
op
18 Q. Is there any relationship between Mortgage

19 Electronic Registration Systems and the Plaintiff?
St
20 A. Not to my knowledge.
21 Q. Do you know if anybody either at Litton or at the
w.
22 Plaintiff caused Mortgage Electronic Registration

ww
23 Systems to execute this assignment?


Page: 27
1 BY MR. KORTE:
2 Q. Who caused Mortgage Electronic Registration
m
3 Systems to execute this assignment from either the
co
4 Plaintiff or Litton?
5 A. It would have been from -- Litton would have
d.
6 requested the assignment.
au
7 Q. Litton would have requested the assignment from
8 whom, sir?
Fr
9 A. The exact preparation, I don't know. I believe
re
10 our foreclosing counsel may have created the actual
11 document. su
12 Q. Would Litton have reached out to -- I'm going to
clo
13 call it MERS in place of Mortgage Electronic
14 Registration Systems. Would Litton have reached out to
re
15 MERS to execute this assignment?

16 A. Actually, Marti Noriega and Denise Bailey are
Fo
17 employed by Litton Loan Servicing. They have authority

op
18 to sign on behalf of MERS.

19 Q. Does either of those parties have authority to
St
20 sign on behalf of Accredited Home Lenders?

21 A. No, not to my knowledge.
w.
22 Q. Do you know if Accredited Home Lenders was still

ww
23 in place on the date that this assignment of mortgage

24 was executed?

Page: 28
1 THE WITNESS: I'm not certain of Accredited

2 Home Lenders' status at this time.
m
3 BY MR. KORTE:
co
4 Q. As of April of 2009, are you aware if Accredited
5 Home Lenders was in bankruptcy?
d.
6 A. I don't know what their status was.
au
7 Q. Are there any other assignments of mortgage other
8 than this one as Composite Exhibit C that you're aware
Fr
9 of?
re
10 A. No.
11 Q. Are there any in the scan system that we haven't
su
12 touched on today that may be involving the same parties?
clo
13 A. Not that I'm aware of.
14 Q. Do you know when Marti Noriega received authority
re
15 to sign on behalf of MERS?

16 A. No. I do not know the exact date.
Fo
17 Q. Do you know how Marti Noriega received their

op
18 authority to sign on behalf of MERS?

19 A. I have seen a document that lists the individuals
St
20 that have authority to sign on behalf of MERS.

21 Q. To your personal knowledge, is Marti Noriega an
w.
22 assistant vice president for MERS?

ww
23 A. I believe that's what's listed on the document.

24 But I'd have to see the document, again, to verify that.
25 Q. Let's talk about Denise Bailey. Are you aware

Page: 29
1 that Denise Bailey is an assistant secretary for MERS?

2 A. I believe that's listed on the document.
m
3 Q. You're referring to, "the document." What
co
4 document is that?
5 A. The document that's granting authority to them to
d.
6 sign on behalf of MERS.
au
7 Q. Do you know when Ms. Bailey received her
8 authority to sign?
Fr
9 A. No, I do not.
re
11 BY MR. KORTE: su
12 Q. Let me hand you what's been marked as Defendant's
clo
13 3. Sir, have you ever seen the original note before
14 coming here today?
re
15 A. No, I have not. My understanding it's on file

16 with the court at this time.
Fo
17 Q. I'd like you to turn to Defendant's 3. There's a

op
18 page in there marked Allonge. Do you see it?

19 A. Yes.
St
20 Q. Is this Allonge different than the one that's

21 contained in your scan system, sir?
w.
22 A. This one has the stamp U.S. Bank, National

ww
23 Association, as Trustee for GSAMP Trust 2006-HE2,

24 Mortgage Pass-Through Certificates, Series 2006-HE2,
25 without recourse.

Page: 30
1 Q. Do you know when that endorsement was placed upon

2 this document?
m
3 A. No, I do not.
co
4 Q. Do you know who placed the endorsement on this
5 document?
d.
6 A. Usually, where there's an endorsement, that's
au
7 placed in after we receive the file. It's done through
8 our collateral documents group.
Fr
9 Q. This document isn't contained in your scans, is
re
10 it?
11 A. I'm not certain if it is or not.
su I'd have to
12 review the documents, again.
clo
13 Q. Well, when I asked you earlier if the one
14 attached to the complaint -- the note attached to the
re
15 complaint was substantially similar, you said, yes,

16 correct?
Fo
17 A. Yes.
op
18 Q. You've never seen the original note, correct?

19 A. No, I have not.
St
20 Q. You didn't mention any endorsement, did you?

21 A. No, I did not.
w.
22 Q. Had you seen this endorsement at anytime before

ww
23 coming here today?

24 A. No, I do not believe so. It could have been an
25 endorsement on a copy. I'm not certain. But I'm just

Page: 31
1 speculating at this point.

2 Q. Well, is this Allonge a copy of the Allonge; or
m
3 is this the original Allonge copied with the correct
co
4 endorsement?
5 A. The only way I could verify that is to see the
d.
6 actual, original note which is on file with the court.
au
7 Q. Do you know why the Allonges are different from
8 the one that was filed with the complaint and the one
Fr
9 that was filed with the court several months later?
re
10 A. No, I do not.
11 Q. Who had custody of the note from the time that
su
12 the Plaintiff took possession of it until the time it
clo
13 was filed in the court?
14 A. Usually, those are maintained by the custodian.
re
15 Q. Who is the custodian in this case?

16 A. I do not know off the top of my head.
Fo
17 Q. You say, "usually." Do you have any personal

op
18 knowledge as to who maintained the note in this case up

19 until the time it was transferred to the court?
St
20 A. What I meant by, "usually," is sometimes we have

21 access to request the original docs.
w.
22 Q. Well, when you say, "we," you mean, Litton?

ww
23 A. I mean, Litton Loan Servicing, yes.

24 Q. Did Litton Loan Servicing request the original
25 documents?

Page: 32
1 A. I know the original documents are requested at

2 the time that a foreclosure action is initiated because
m
3 Florida is an original-document state.
co
4 Q. You signed the verification in this complaint,
5 correct?
d.
6 A. Yes.
au
7 Q. You didn't review the original documents when you
8 signed it, correct?
Fr
9 A. No. I reviewed the copies that were attached as
re
10 exhibits.
11 Q. You don't know whether the Allonge produced as
su
12 the true original is a copy?
clo
13 A. Not without seeing the document, I don't.
14 Q. At no time has anybody ever provided you the
re
15 original contained in this Allonge?

16 A. No. I haven't requested originals.
Fo
17 Q. Were there any notes in your system indicating an

op
18 endorsement of the note at anytime during the custody of

19 Litton or the custodian?
St

21 THE WITNESS: I don't recall. But I wasn't
w.
22 specifically looking for that when I was reviewing the

ww
23 notes.
24 BY MR. KORTE:
25 Q. Do you know when this loan was boarded to your

Page: 33
1 system?
m
3 THE WITNESS: I know the acquisition date
co
4 was 3/1 of '06. So the boarding date would be shortly
5 thereafter if not on the same date. But I'd have to
d.
6 verify it with our system.
au
7 BY MR. KORTE:
8 Q. Do you know from whom the documents were boarded,
Fr
9 who you got the prior servicing records from?
re
10 A. I'm not certain who -- if there was a servicer
11 that was handling this or if it came directly from
su
12 Accredited.
clo
13 Q. Is there any indication from your review of your
14 business records that it was handled or serviced by
re
15 anybody else?
16 A. I didn't specifically look for that in my review,
Fo
17 but it would be in our business records.

op
18 Q. Sir, can you tell me how many corporate officers

19 the Plaintiff has?
St
20 A. I do not know.
21 Q. Do you know where the Plaintiff is incorporated?
w.
22 A. No.
ww
23 Q. Do you know if the Plaintiff is incorporated?

24 A. I do not know.
25 Q. Do you know in what state the corporation or the

Page: 34
1 Plaintiff has headquarters?

m
3 question.
co
4 THE WITNESS: No, I do not.
5 BY MR. KORTE:
d.
6 Q. Do you have a phone number for the Plaintiff?
au
7 A. No. I'm sure we have that information. But I
8 don't have a reason to be in contact with them.
Fr
9 Q. Do you have an address?
re
10 A. I'm sure we do. But I don't have that
11 information with me. su
12 Q. Do you know if the Plaintiff maintains any
clo
13 employees whatsoever?
14 A. No, I do not. But, as a trust, I don't believe
re
15 that they would have employees.

16 Q. Sir, are you aware of the acceleration of this
Fo
17 particular note?
op
18 A. Could you clarify the question, please?

19 Q. Are you aware at some point in time this note was
St
20 declared to be in default?
21 A. Yes.
w.
22 Q. Do you know when that was?

ww
23 A. I believe the notice of default and intent to

24 accelerate letters were sent out in January of '09.
25 Q. Do you know who prepared those letters?

Page: 35
1 A. Those would be prepared by staff at Litton Loan

2 Servicing.
m
3 Q. Specifically what staff, if you know?
co
4 A. I don't know the specific name of the department
5 that would actually create it.
d.
6 Q. If I sent a request to your lawyer, would you be
au
7 able to tell your lawyer within a few minutes of
8 searching?
Fr
9 A. I'm sure we could obtain that information.
re
10 Q. Are you aware of any obligation on behalf of
11 Accredited to repurchase this loan?
su
clo
13 question. Irrelevant.
14 THE WITNESS: I'd have to review the
re
15 agreement to see what those terms were. I don't recall

16 off the top of my head.
Fo
17 BY MR. KORTE:
op
18 Q. Are you aware if U.S. Bank, National Association,

19 as Trustee for the GSAMP Trust 2006-HE2, Mortgage
St
20 Pass-Through Certificates, Series 2006-HE2, made a claim

21 in Accredited Home Mortgage's bankruptcy filing?
w.

ww
23 question.
24 THE WITNESS: I don't have any knowledge on
25 that.

Page: 36
1 BY MR. KORTE:
2 Q. Are you aware if the Plaintiff in this case
m
3 recovered any money in Accredited Home Mortgage's
co
4 bankruptcy filing?
d.
6 THE WITNESS: I'm not aware of anything with
au
7 the bankruptcy.
8 MR. KORTE: Sir, I've got nothing further
Fr
9 for you.
re
10 THE WITNESS: Okay.
11 MR. EICHHORN: I don't have any questions.
su
12 I'm going to attach a letter I sent to Mr. Korte's
clo
13 office yesterday as Plaintiff's Exhibit No. 1.
14 (Plaintiff's Exhibit No. 1 marked for identification.)
re
15 (Proceedings concluded at 11:41 o'clock a.m.)

16
Fo
17
op
18
19
St
20
21
w.
22
ww
23
24
25

Page: 37
1 CERTIFICATE OF OATH
2
m
3 STATE OF FLORIDA
co
4 COUNTY OF PALM BEACH
5
d.
6 I, Rachele L. Cibula, the undersigned authority,
au
7 certify that CHRISTOPHER SPRADLING personally appeared
8 before me and was duly sworn.
Fr
9
re
10 Witness my hand and official seal this 10th day of
11 March, 2011. su
12
clo
13
14
re
15
16
Fo
17
op
18
19 _____________________________
St
20 RACHELE CIBULA
Notary Public, State of Florida
21 My Commission #DD
w.
Expires: December 3, 2011

22
ww
23
24
25

Page: 38
1 C E R T I F I C A T E
2
m
3
co
4 THE STATE OF FLORIDA)
5 COUNTY OF PALM BEACH)
d.
6
au
7 I, Rachele Lynn Cibula, Notary Public, State of
8 Florida at Large,
Fr
9 DO HEREBY CERTIFY that I was authorized to and did
re
10 stenographically report the foregoing deposition; and
11 that the transcript is a true and correct transcription
su
12 of the testimony given by the witness.
clo
13 I FURTHER CERTIFY that I am not a relative, employee,
14 attorney or counsel connected with the action, nor am I
re
15 financially interested in the action.

16 Dated this ________day of_________________, 2005.
Fo
17
op
18
19
St
20
21
w.
22
ww
23 ____________________________________
24 RACHELE LYNN CIBULA, NOTARY PUBLIC
25

Christopher-Spradling - W

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17 DEPOSITION OF CHRISTOPHER SPRADLING

18 TAKEN AT THE INSTANCE OF THE DEFENDANT

22 PLACE: 101 Northeast 3rd Avenue

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

Florida Court Reporting 561-689-0999

1 The deposition of CHRISTOPHER SPRADLING, witness, was

15 not in compliance with the Florida Rules of Civil

17 particularity the matters upon which the deposition

20 MR. EICHHORN: No.

23 Q. Do me a favor, sir, and give me your full name,

Florida Court Reporting 561-689-0999

1 Q. Mr. Spradling, if you could do me a favor and

17 Q. Sir, can you do me a favor and give me the titles

18 you've held with Litton Loan Servicing since the time

20 A. When I started in '02, I was the eviction

22 and I currently hold the title of litigation manager.

23 Q. What does the litigation manager do?

Florida Court Reporting 561-689-0999

1 related to litigated files, also to attend depositions,

15 the core servicing of the loan?

18 THE WITNESS: Can you clarify the question,

20 MR. KORTE: Sure.

22 Q. Would you agree with me that Litton does

Florida Court Reporting 561-689-0999

15 loan? It involves the litigation arm?

17 THE WITNESS: Yes.

20 any payments involved in this case?

22 Q. When's the first time you became involved in this

Florida Court Reporting 561-689-0999

1 A. I reviewed the file when I signed the

15 communication to speak to U.S. Bank, National

17 MR. EICHHORN: Object to the form.

18 Asked and answered.

22 A. We have authority to act on behalf of the

23 investor to the pooling and servicing agreement and also

Florida Court Reporting 561-689-0999

1 (Mr. Chad Muney enters the deposition room.)

15 A. Without having the actual agreement in front of

17 MR. KORTE: I'm going to mark this as

18 Defendant's 1, if you would.

22 Defendant's 1. Have you had an opportunity to review

Florida Court Reporting 561-689-0999

1 Q. Can you do me a favor and tell me where it says

15 A. The cover page of the pooling and servicing

17 Q. Can I see the document for a minute?

20 servicing agreement that you're relying upon?

22 THE WITNESS: We have a Power-of-Attorney.

Florida Court Reporting 561-689-0999

1 off the top of my head.

17 has other documents other than the complaint attached to

18 it. Just for the record. So....

20 Q. Sir, this Composite Exhibit Defendant's 2, would

22 verification of the complaint and confirm that that's

23 your signature on the verification.

Florida Court Reporting 561-689-0999

1 of the complaint, if you would, sir.

15 associated with the mortgage in this case?

18 THE WITNESS: Could you clarify, please?

22 parties who made the mistake in executing the mortgage?

23 MR. EICHHORN: Object to the form.

Florida Court Reporting 561-689-0999