2010-10-27 Brust

IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION CHAPTER 13 ADV.PROC.NO.
10-5041 IN THE MATTER OF: KELLI MATTOX JONES ____________________ KELLI MATTOX JONES VS. WELLS FARGO DEFENDANT DEBTOR PLAINTIFF
______________________________________________________ VIDEO DEPOSITION OF MARY ELLEN BRUST OCTOBER 27, 2010 ______________________________________________________
404 Atwood Drive, Lexington, Kentucky 40515 tel: 859.351.1284 fax: 859.201.1081
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Pursuant to Notice, the video deposition of MARY ELLEN BRUST was taken on behalf of the Plaintiff before Denise Y. Vasquez, RPR, CCR(KY), and Notary Public in and for the State of Kentucky at Large, at the offices of Dinsmore & Shohl, located at 250 West Main Street, Suite 1400, Lexington, Kentucky, on October 27, 2010, commencing at the hour of 9:07 a.m. Said video deposition was taken pursuant
to notice, for purposes of discovery, and for all such purposes as permitted under Rules 7032 and 7034 of the Federal Rules of Bankruptcy Procedure.
WORD FOR WORD, INC. Denise Y. Vasquez, RPR, CCR(KY) 859.351.1284 fax: 859.201.1081
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A P P E A R A N C E S:
Brian T. Canupp BRIAN T. CANUPP, PSC 322 Main Street Paris, Kentucky 40361 ATTORNEY FOR THE PLAINTIFF
John M. Spires DINSMORE & SHOHL, LLP Lexington Financial Center 250 West Main Street, Suite 1400 Lexington, Kentucky, 40507 ATTORNEY FOR THE DEFENDANT
ALSO PRESENT: 14 Brandon Cannon, Wells Fargo Representative 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 WITNESS:
I N D E X Pages MARY ELLEN BRUST 6-105 106 E X H I B I T S
Examination by Mr. Canupp Reporter's Certificate
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Original Transcript was filed with Mr. Brian Canupp) Plaintiff 10 Plaintiff 9 Plaintiff 5 Plaintiff 6 Plaintiff 7 Plaintiff 8 No. Plaintiff 1 Plaintiff 2 Plaintiff 3 Plaintiff 4 Description Mortgage, Book 401, Page 184 Note dated June 25, 2004 Milestones for 1000590-1256010863-4 Plaintiffs' Amended Deposition Notice to Wells Fargo Customer Account Activity Statement Defendant's Response to First Interrogatories from the Plaintiff DDCH and FEE1 documents Agreed Order Vacating Order Granting Motion for Relief from Stay of Wells Fargo Bank, NA Letter dated February 19, 2009 from Lerner, Sampson & Rothfuss Wells Fargo Home Mortgage statement dated April 1, 2009 Page 19 20 26 34 46 60 70 81
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THE VIDEOGRAPHER:
My name is Michelle Ramey, Our court reporter is
today's video technician. Denise Vasquez.
We are here today for the
deposition of Ms. Mary Ellen Brust, pursuant to notice in the United States Bankruptcy Court, Eastern District of Kentucky, Lexington Division, in the matter of Kelli Mattox Jones vs. Wells Fargo. The date is October 27th, 2010. And the
time is 9:07 a.m. Counsel will now introduce themselves and whom they represent. MR. CANUPP: Mattox. MR. SPIRES: Fargo. I'm John Spires on behalf of Wells Brian Canupp on behalf of Kelli
He's not an attorney. Please swear in the witness.
THE VIDEOGRAPHER: THE REPORTER:
If you would raise your right hand.
Do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth and nothing but the truth. THE WITNESS: I do.
* * * * * * * * * * MARY ELLEN BRUST, the witness herein, after having first been duly sworn, was examined and testified as follows:
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CANUPP: Q.
EXAMINATION
Ms. Brust, my name is Brian Canupp.
As been -- as
previously been stated, I represent Kelli Mattox in regard to an adversary proceeding filed in the bankruptcy court. I
just want to make sure that, before we get started, I set forth the -- kind of the rules of the road as far as our deposition. I'm going to ask you to answer your questions
audibly, no uh-uh's or uh-huh's. Before I go into all this, I take it you've given a deposition before? A. Q. A. Q. A. Q. Yes. Several of them? Several. Okay. More than five?
I think. Okay. If I ask you a question that you don't I understand that
understand, please ask me to repeat it.
today your answers to my questions will be based on your personal knowledge. anything like that. So please don't guess or assume or And if I say something or ask you
something that's absolutely befuddling, please let me know. A. Q. A. I will. Okay. Let me get you to state your name, please.
Mary Ellen Brust.
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Q. A. Q. A. Q. A. Q. A. Q.
And how do you spell your last name? B-r-u-s-t. And where do you reside? Frederick, Maryland. Okay. Have you ever used any other names?
Not since I was 12. Okay. Where were you born?
Pennsylvania. Okay. As far as your testimony today, are you
feeling well? A. Q. Other than allergies, I'm -- I'm fine. Okay. Not under the influence of any kind of drugs
or alcohol? A. Q. No. No other distractions that would be a problem for
you today as far as -- as getting through the deposition? A. Q. A. Bank. Q. A. 2009. Q. A. Okay. Yes. Have you held that position the whole time? Okay. And how long have you held that position? Not at this time. Okay. No.
What is your occupation?
I am a default litigation specialist at Wells Fargo
I have been with Wells Fargo Bank since March of
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Q.
Where did you work prior to becoming a default
litigation specialist? A. Q. A. I worked at City Mortgage. Okay. And what did you do at City Mortgage?
I started with City Mortgage in 2003 as a And I'm thinking 2007 I became a It might have
bankruptcy specialist.
default research and litigation specialist. been '06. Q. I'm not sure on the date.
What did you do in -- in that position as the
default research and litigation specialist? A. Basically, the same job functions that I currently I would receive payment disputes, fee
do for Wells Fargo.
disputes, when I first began in the position at City, and researched those. Then when it was determined that I was
able to handle a little bit more in depth, I received the contested foreclosures that then went to litigated matters such as adversary proceedings and counterclaims. Q. Okay. Prior to being employed at City Mortgage in
2003, where did you work? A. Maryland. office. Q. A. Q. I worked for the Legg Law Firm in Frederick, And they are a consumer protection attorney's
Basically, I worked for your profession. Okay. And how long did you have that job?
From 1997 to 2003. Okay. When you were working for City Bank in the
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default bankruptcy specialist position -A. Q. City Mortgage. City Mortgage. I'm sorry. Did you have the
opportunity to give any depositions in that position? A. Q. A. Q. Not as a bankruptcy specialist. Okay. Yes. Okay. You stated that you've given depositions in No.
You mostly stayed inside the office?
your position as a default litigation specialist at Wells Fargo? A. Q. A. Q. A. Yes, I have. Can you recall the names of those cases? Maybe one or two. Okay. Can I get you to recall those for me? Not thinking of any others.
Tuller, Mad -- Madeas.
They were the two most recent. MR. CANUPP: Could I get you to supplement that
through your -- that answer to your counsel? MR. SPIRES: What do you mean supplement? What do
you mean supplement? MR. CANUPP: she's given? MR. SPIRES: MR. CANUPP: MR. SPIRES: I think that's no problem. Okay. No. Could I get the list of depositions
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. history? A. Q.
MR. CANUPP:
Perfect.
Before you started working, what's your educational
Before I started working? Uh-huh. Like where did you go to high school,
where did you go to college, that sort of thing? A. Still going to college. 19 -- I graduated
Middletown High School in 1976. Q. A. Okay. Shhh, you don't know my age now. I went to I had a child in
Hagerstown Junior College from '76 to '78. September of '78. Q.
And didn't go back to school until 1995.
And I think in your answer you indicated that
you're going back to school now? A. From 1995 to 1997, I obtained my paralegal
certificate. Q. A. degree. Q. A. Q. studies -A. Q. Correct. -- also? Okay. When do you -- when do you expect Okay. In February of 2009, I obtained my bachelor's And I'm currently working on my master's. What did you get your bachelor's in? Legal studies. Okay. And your master's is going to be in legal
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to have your master's? A. I start my last class in December, and then the
only thing left will be the practicum. Q. Okay. Are you doing that at -- you wouldn't be Where are you doing
doing it at Hagerstown Junior College. that? A. Q. Through Kaplan University. Okay.
Right now you're employed by Wells Fargo as
a default litigation specialist? A. Q. A. Correct. What are your job duties? At this point in time, I am tasked with the
responsibility of receiving counterclaims, answers, and reviewing the counterclaims and allegations in an answer to determine the validity. I will provide our outside counsel
with research and my results of my research, as well as verifying the amounts that are due and owing, providing testimony such as this deposition and at trial when needed. Q. Fargo? A. Q. A. Q. In Frederick, Maryland. Okay. What kind of area do you work in? Where -- where's your physical office with Wells
Well, what do you mean by that? Is it like a cubicle space? Is it walled-off Or is it more
offices, like a bull pin sort of environment?
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secluded, that sort of thing? A. Q. team? A. Q. A. The team I'm currently with is only four of us. Okay. However, it's part of a bigger default litigation I'm by a window, but it is a cube. Okay. How many people work -- do you work in a
team that's broken down into two other groups, foreclosure and bankruptcy. And, actually, that is incorrect. It's two teams that deal with We've
changed that scheme.
foreclosure and bankruptcy. Q. One team does foreclosure, the other team does
bankruptcy? A. Q. A. Q. A. Q. Used to be. Not anymore.
Now it's just -Yeah. -- two teams that handle all the work? Correct. Okay. How many people you work with share that
same title as litigation specialist? A. We are all titled litigation specialists and under
my -- the two teams plus my team. Q. A. Q. Okay. Who is your manager?
Julianne Grove. And who's Ms. Groves' manager?
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A. Q. A. Q. A. Q. A. Q. A. Q. A. Q.
Jose Pinto. And Mr. Pinto's manager? Kim Miller. Is that a he or a she, Kim Miller? Kim is a she. Okay. And Ms. Miller's supervisor?
I'm not sure. Okay. Nope. So you -- you stated you work in a cubicle? Correct. Is most of your work done on a computer or is it Do you have anyone you supervise?
done working with paper files? A. As I said, I'm -- well, as you can tell, I'm a
little older than most of probably my colleagues, and I prefer paper. I do work with a computer, but I will pull it
off a computer that's been imaged and work with it. Q. desktop? A. My e-mail, the system, which is LPS Fidelity, Litigation Tracker, which is Okay. What programs are regularly running on your
depending on what you call it.
a database that we input our different files in and the related research results. And the Archive Retrieval System.
And then I usually have an Excel spreadsheet to document any doc -- any documents I send via Fed-Ex. Anything that goes
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out of the building is put into that. Q. Okay. Do you run your e-mail -- is your e-mail run
through like Outlook -A. Q. A. Q. Yes. -- or is it run through one of the other programs? It's Outlook. Okay. What kind of training do you -- did you go
through in order to -- to become a litigation specialist with Wells Fargo? A. With Wells Fargo, I came onboard with having more
than three or four years of experience with City Mortgage in both foreclosure and bankruptcy. I had a paralegal So I
certificate and was quite familiar with the procedures.
believe my training was more specific than may -- than others may have received. I was unfamiliar with the system that
Wells Fargo had, so basically I was trained on the system. Q. that? A. locate -Q. A. Q. Okay. -- loans and so forth. Did you go through any -- any set-aside classes, Fidelity LPS, how to get around and -- and When you say "the system," what do you mean by
training courses, anything like that? A. There's annual compliance training that we have to
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do each year.
I was one-on-one with the team lead at the I
time on Wells Fargo's procedures for default litigation. was provided sort of a mentor for a couple of days that showed me what they do when they receive a complaint, what
they look for, how it's documented into the system, and what systems to use in order to research the allegation. Q. Okay. Is that -- was -- is that -- was that done,
for the most part, one-on-one? A. Q. Yes. Okay. Do you have any -- any online training, that
sort of thing, that -- that you went through in order to get up to speed on using the -- the systems? A. was. Q. There was training online. We're talking March of '09. Okay. When it comes to -- to problems or questions I can't recall what it
that you have about the operation of the system, is there an online database that you go and access or do you have an information support person that comes and helps? A. I didn't really have any problems with the system, And if I did, it would just be what screen
accessing it.
will get me this information, and usually I just asked one of my cube mates -Q. A. Okay. -- as to where do I go. There's a help desk if But --
there's something wrong with our system.
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Q. Fidelity? A. Q.
Okay.
You mentioned that you used LPS and
It's an interchangeable name. Okay. Were there any subprograms off of that that
you would use? A. Q. Can you clarify? Like Hundred Percent Monitoring, New Image, Are those names familiar to
Alex [ph], anything like that? you? A. Q. Not at all. Okay.
In your -- in your work area, or in your
litigation group, are there any employees of any other companies working with you? A. Q. A. Q. A. Not that I'm aware of. Okay. No employees from Fidelity or LPS?
In our site? At -- at your Frederick, Maryland facility? We have a tech team that comes in and takes care of As to any software
hard drive stuff that may break down.
programs, we call an 800 number to a help desk. Q. Okay. Any employees of Mortgage Electronic
Registration that work in your building? A. Q. Not that I know of. Okay. Do you know when the foreclosure in this
case was filed?
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A. Q. A. Q. A. Q.
I'm not recalling the date specifically. Okay. Do you know when the bankruptcy was filed?
In, I believe, October of '07. Okay. Let me -- I have a copy of the mortgage.
Can I get my glasses? Yes, ma'am. MR. SPIRES: Absolutely. Thanks, Brian.
A. Q.
Sorry.
I should have had those out.
I have a copy of what has been presented as Kelli
Mattox's mortgage in this case. A. Q. A. Q. Okay. And now that the sirens cleared -Uh-huh. -- got your glasses back on, have you had an
opportunity to review this document? A. Q. it? A. Q. This morning. Okay. Is this -- does this -- do you recall this Yes. Okay. I have looked at this document. When was the last time you took a look at
as being the -- the mortgage of Kelli Mattox? A. Yes. Q. Okay. MR. SPIRES: Brian, I'll say on the record, the (Witness reviews document). It looks like it.
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last page of it appears to be an order that, obviously, wasn't part of the original mortgage. think you know that. MR. CANUPP: MR. SPIRES: Right. I think everyone knows that. I just I
wanted to make that clear, but, yeah. MR. CANUPP: of yours? THE WITNESS: MR. SPIRES: Yeah. I do. It's just an order granting You've got an order on the last page
automatic stay. MR. CANUPP: THE WITNESS: Okay. Okay.
And I have the mortgage attached to
the assignment of mortgage. MR. SPIRES: Yeah. There is an assignment of
mortgage as well. MR. CANUPP: Okay. All right.
I would ask you to turn to -- I have it as Book
401, Page 186. A. Q. Payments." A. Q. A. Okay. Have you reviewed that paragraph? Yes, I did. Okay. Paragraph 3. It starts with "Application of
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Q. A.
Okay. Okay.
Could you read that paragraph? "Application of Payments. All payments
under paragraphs 1 and 2 shall be applied by lender as follows:" And before I go to the rest of it, Paragraphs 1
and 2 reflect "Uniform Convenants," and Paragraph 2 is "Monthly Payment of Taxes, Insurance and Other Charges." Then it goes on to say -- this is Paragraph 3 -"First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of -- instead of the monthly mortgage insurance premium. Second, to any taxes, special
assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required. Third, to interest due under the Note. Fourth, to And, Fifth, to
amortization of the principal of the Note. late charges due under the Note." Q. Okay.
And this is -- to your understanding, this
is the mortgage that is very much part of the subject of -of our adversary? A. Yes. MR. CANUPP: Okay. I'd ask that this be marked as
Plaintiff's 1. (Plaintiff's Exhibit No. 1 marked) Q. The second document I'm going to ask you to take a
look at is a document that is titled as the "Note."
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MR. CANUPP: MR. SPIRES: BY MR. CANUPP: Q. document? A. Q. Yes, I have.
John, here's a copy of it for you. Thank you.
Have you had an opportunity to review this
And does this accurately reflect what you
understand to be the note that is the subject matter of this adversary? A. It does. MR. CANUPP: Okay. I'd ask this be marked as
Plaintiff's 2. (Plaintiff's Exhibit No. 2 marked) On the second page of the note there is a closed
endorsement to Wells Fargo Bank on behalf of Glenn Hodge. And this appears to be coming from nBank to Wells Fargo. that the way you understand that endorsement? A. It has the nBank corporate seal, and it states, And it is signed Is
"Pay to the order of Wells Fargo Bank, NA." by Glenn S. Hodge. Q. Okay.
So this would be transferring the -- the
endorsement transferring the loan to Wells Fargo? A. Q. That -- yes. Okay. This document also has two other things
on -- on the -- the first page that I want to make sure I
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understand.
In the top left underneath the word "State of Do you
Kentucky," there appears to be a -- an MIN number. know what that number signifies? A.
MIN is a number assigned to a loan, note, mortgage,
when MERS is, pursuant to the mortgage -- and let me read the exact wording -- this Security interest -- instrument is given to Mortgage Electronic Registration Systems, Inc., ergo, MERS, solely as nominee for the lender -- the lender, in this case, being nBank -- as hereafter defined and lender's successor and assigns, as mortgagee. Q. A. Q. Okay. So that's a number assigned by MERS to this. Okay. In -- in the course of -- of doing your
work, being a default litigation specialist, do you have any call or any reason to use that MIN number as part of the way you identify and track this loan? A. Q. A. It's an additional tool -Okay. -- that we can use and access the loan information,
as, specifically, the different transfers that may occur during the life of the loan. Q. break -A. Q. I'm fine. Thank you. It looked like you were Okay. Just as an aside, if you need to take a
-- please let me know.
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having some -- have some congestions. A. Q. number. A. Q. Yes, I do. Okay. Thank you.
On the top right there is an FHA case
It's in the box. Uh-huh. And that also has a number. Could you -- could you
read that number for us, please? A. Q. A. Q. A. Q. A. The number in the box? Yes, ma'am. Okay. The number in the box is 201-3400955-703.
What does this number represent? This means this loan is FHA insured. Okay. And it's the number assigned to this note and
mortgage by FHA. Q. Okay. Does that -- does that information -- do you
use that information in any way to -- to help you manage this file, to keep track of where things are, that sort of thing? A. Q. I personally, no. Okay. Okay. Do you have -- can you tell or do you
know when this note was endorsed to Wells Fargo? A. I do not know the exact date this was endorsed to But when the loan was sold to Wells Fargo, it
Wells Fargo.
should have been around the time it was done. Q. Okay. Does -- does this endorsement now reflect
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all -- well, let me go -- strike that. We received a second copy of the note in Wells Fargo's discovery in those responses. blank endorsement from Wells Fargo. And that note had a Do you recall seeing
that in preparing for today's testimony? A. I've looked at several notes, and I look at so many
files each day. Q. A. sure. Q. A. Q. Okay. But I believe I did. Do you recall what that -- the -- the style of that I believe it was on a separate piece of paper. Yes, ma'am. I'm not -- I think I have. Not a hundred percent
endorsement? A.
If I'm recalling the right account, it should be a
blank endorsement. Q. Okay. And it was Wells Far -- Wells Fargo endorsed
it in blank? A. Q. A. Q. A. Q. A. That's my recollection. Okay. Yes. Who? Currently this loan is in a Fannie Mae security. Okay. How do you know that? So do you know who owns the note now?
Previously you asked me about MERS.
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Q. A. Q. A. Q. A.
Uh-huh. I went onto MERS' website. Okay. I enter in the MIN number. Okay. And it gives me all of the transactions, transfers,
title, servicing, for this MIN number. Q. A. Q. A. Q. A. Q. Okay. And -Is that the MEERS -- the MERS Milestone report? Yes. Okay. When did you last run the Milestone report?
The 20th of October. Okay. MR. CANUPP: THE REPORTER: Are we on 3 now? Yes, sir.
Q.
This is a copy of the Milestone report that your
attorney's provided us -A. Q. loan. Uh-huh. -- in regard to Ms. -- in regard to Ms. Mattox's As I read the form, and please tell me if I'm -- if But it appears that the oldest event is at
I'm not correct.
the bottom of the page? A. Q. That is how I look at it as well. And on July the 1st, 2004, it looks like that the
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loan came into the MER system, was placed in there by Michelle Harris? A. Q. That's what it says. Okay. And then going up through the transaction,
looking at the third from the top, Transfer of Rights, Option 2, it looks like the new investor is BAC Home Loan Servicing, LP. The old investor is Fannie Mae. Am I reading that
correctly? A. Q. A. Q. That's what it says. Okay. Uh-huh. I get the impression you think it should say Yes.
something different? A. It is my understanding from all of the documents I
have reviewed and researched that this loan was sold to, at the time what was known as Countrywide. Q. A. Okay. Countrywide immediately assigned it to Fannie Mae Countrywide was merged
who put it into a securitized pool. with Bank of America, a/k/a BAC. investor. Q. A. Q. A. Okay. It's a security. Okay. -- it's the investor.
And Fannie Mae isn't the
Fannie Mae is security --
That is my -- what
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everything I have read and been able to determine, that is the correct and proper -Q. 20th -A. Q. A. Uh-huh. -- is it -- is it different than this report? No. It's the same report. BAC is -- when a loan So the report that -- that you looked at on the
is in a trust, the trustee is actually the owner, although the trust is the beneficiary. Q. A. Q. A. The trustee serves as the name -- named owner? Right. Okay. So that's why -- I'm believing that's why this is
just a little discrepancy there. Q. Okay. Do you -- do you work with the -- the -- the
MERS Milestone system as part of your job duties? A. I find it very helpful and it helps me track the -Yes.
the different transfers. Q.
Do you -- do you log transactions in on it or is it
just a database of information for you? A. Q. A. Q. I do not log anything onto it. Okay. Do you have that capability?
Not that I know of. Okay. (Plaintiff's Exhibit No. 3 marked)
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Q. A. file. Q. A.
Where is the note physically stored? The note -- actually, I've requested the custodial
Okay.
Do we have that today? The -- the department at Wells
No, we do not.
Fargo that requested it went to -- they still call it Countrywide, but it's Bank of America, who is the master -Countrywide now is the master servicer and the -- so forth. They then contacted the custodian. The custodian for this
particular loan is the Bank of New York. Q. A. Okay. The Bank of New York is in the process of sending
the package -- the custodial file directly to John. Q. A. Q. Okay. They're just behind in their -In your experience, how long does it take for, he
said/she said, the file to land in John's hands? A. I actually asked that yesterday, how long it would
take, and she -- the individual I spoke to at Wells said she hoped to have it by Friday. Q. Okay. Okay. So it's -- it's got to come out of --
right now you don't know where it is? A. I know the Bank of New York has it. Don't know the
location of that specific -Q. Okay. Okay. Why did Wells Fargo endorse the note
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in blank? MR. SPIRES: MR. CANUPP: MR. SPIRES: still answer. A. Okay. It's my understanding that an in-blank I object. Calls for speculation.
Go ahead and answer. You can still answer. Sorry. You can
endorsement is a com -- not com -- not only company wide, but an industry wide accepted practice, therefore, the bearer of the note would have all rights. Q. Okay. How is -- can you -- can you tell on looking
at -- at your system when the decision was made to endorse that note in blank by the -- I believe it was the assistant vice president at Wells Fargo? A. Q. No. Okay. Trying to be all jim-dandy, I got myself a But let me try to get squared away
little bit confused. here.
I believe it's Plaintiff's 2, which is the copy of the
mortgage. A. No. MR. SPIRES: MR. CANUPP: MR. SPIRES: BY MR. CANUPP: Q. Plaintiff's mortgage, on what I thought was the No. The mortgage is Exhibit 1. I'm sorry.
Oh, Exhibit 1.
The note is Exhibit 2.
last page, there is an assignment.
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A. Q. A. Bank, NA. Q.
Uh-huh. And the assignment is -- who's the assignment from? Okay. The assignment is from MERS to Wells Fargo
Okay.
And when was -- when was the order given for
this assignment to be made? A. Q. You'd have to clarify what you mean by that. I mean, in your system, can you look and tell when
the decision was made for the assignment to be -- to be drafted and prepared? A. Q. A. This assignment to Wells Fargo -Yes, ma'am. -- would have been done by nBank with MERS as
nominee, and I wouldn't have access to when they all ordered it. Q. Okay. So this bank -- this -- this would be in --
part of the nBank transaction? A. It would be part of nBank's assigning it, with MERS
as nominee, assigning it to Wells Fargo. Q. Okay. If you would, have you had an opportunity to
review this document? A. Q. I've looked at it. Okay. Yes.
On the face of this document, do you see
nBank named? A. No, I do not. And I don't believe it's practice --
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it's a practice that -- it's my understanding it's not a practice that it's necessary at this point in time. Q. A. Why is that? Again, it's my understanding that when MERS as
nominee assigns the mortgage to the next entity -Q. A. Q. A. Uh-huh. -- that they can do it in their name. Okay. Sometimes they do it just in their name. Sometimes
they do it in their name and the original lender. Q. A. Q. A. Q. Okay. I've seen it both ways. Do you know Kevin Prieshoff? Never heard the name. Okay. And would you agree that this document was
executed on the 30th day of October in 2006? A. The in witness whereof statement states it has set
its hand this 30th day of October 2006. Q. Okay. Looking at this document, at the middle
toward the top, there's a -- there's a bar code on there. Does Wells Fargo use any bar codes to -- to track documents or is that a Wells Far -- let me ask you -- strike that. Is that a Wells Fargo bar code? A. Q. I don't know. Okay. In the course of -- of managing your files,
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do you work with bar codes? A. Q. bar codes? A. Q. A. Q. Not that I know of. Has a bar code scanner, anything like that? No. Okay. This document is -- is -- is fairly I personally do not work with bar codes. No.
Do you know of anybody on your team who works with
important to the management of both the foreclosure and the bankruptcy. Would you agree? I object. Calls for speculation. But
MR. SPIRES:
you can still answer. A. Q. An assignment of mortgage is important. Okay. Yes.
This document -- Page 2 of the document --
Page 2 of the assignment indicates it was prepared by Richard Mark Rothfuss at Lerner, Sampson & Rothfuss, a law firm in Cincinnati, at the bottom left. A. Q. Okay. Is that the way you -- well, is that the way you
understand -- is that who you understand prepared this document? A. Q. That's what it says. Okay. After this document is -- is tendered to the
county clerk and recorded, the instructions on here indicate that it's to be returned to -- to a gentleman named Thomas
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Burnett, an attorney here in Lexington. Does this document show up on your systems that you use and have at your desk? A. Q. A. Q. A. Q. Yes. How does it appear? It's a scanned image. Okay. That I have access to. Okay. Is -- in what software program do you find
this image? A. for. Q. A. Q. A. LIV? L-I-V. Okay. And what does LIV store in it? It is called LIV. I do not know what it stands
It is the digital image of all documents related to So I can put this loan number in and
specific loan numbers.
call up the documents that have been imaged. Q. Does the LIV program interface with any of the
other programs on your system? A. Q. system? A. Q. Not that I know of. Okay. No. I don't believe there's interface. Okay. No.
So no interface with the LPS, the Fidelity
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THE VIDEOGRAPHER: moment? MR. CANUPP:
May we go off the record just a
Yes, ma'am. We're going off the record. The
THE VIDEOGRAPHER: time is 9:45 a.m.
(Off the record at 9:45 a.m. to 9:47 a.m.) THE VIDEOGRAPHER: We're now back on the record.
The time is 9:47 a.m. BY MR. CANUPP: Q. While we were on our little bit of a break, I
realized I hadn't asked you if you had seen the plaintiff's amended notice of deposition, had a chance to review that? A. these. Q. Okay. MR. SPIRES: Brian, I'd like to state on the record Oh, this is with all your -- yes, I saw all of
real quick, that I only saw this for the first time at 5 o'clock last night. snafu. MR. CANUPP: MR. SPIRES: That is correct. I don't think it's a problem, I guess. But I'm just going I think there was an ECF
I don't -- I don't really know.
to say the first time I saw this was last night. And it wasn't any fault of yours. MR. CANUPP: Well, and -- and I think the record
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indicates that it was filed -MR. SPIRES: MR. CANUPP: THE WITNESS: me then? MR. SPIRES: after that. MR. CANUPP: No, it's not. But -This has got the new -- this has got This one was filed Yes, it does. I mean -So --
-- a long time ago.
Oh, this isn't the one that you sent
today's date on it. MR. SPIRES: THE WITNESS: Yeah. Oh. Well, I was just looking at the
40 some or -- yeah, 50 some -MR. CANUPP: MR. SPIRES: Okay. But as you're aware, there was some
kind of, I don't know what it was, an ECF glitch. MR. CANUPP: MR. SPIRES: MR. CANUPP: And you all had the same problem? Yeah. Okay. That was an absolute pointless I would ask that that
discussion, for the record.
be entered as Plaintiff's Exhibit 4. (Plaintiff's Exhibit No. 4 marked) Okay. Back and moving forward, I think we kind of But earlier this year, I believe it was
addressed this.
April of 2010, I had made a request to Wells Fargo, as the servicer on the loan, to identify the -- the holder of the
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note.
And I got a response back from Natasha John.
Is
Natasha John a coworker of yours? A. She doesn't work in my building. But she does work
for Wells Fargo. Q. A. Okay. No. Do you know where she works? I don't know which site she works at. We have
many sites. Q. Yes, you do. And the response to that letter was
that this loan was owned by a group of investors? A. Q. Correct. I saw that letter.
Would -- would that response be consistent with,
that this is owned by Fannie Mae securitization? A. Q. I would say so. Okay. Yes.
And -- and BAC is -- is -- the role in this
case is as trustee? A. BAC is the master servicer, and I'm believing the
trustee as well. Q. Okay. Okay. Do you have any idea how many loans
that Wells Fargo services? A. Q. Not at all. How many loans are presently being managed in your
department? A. I do not know the exact number. I can tell you how
many loans I have. Q. How many loans do you have?
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A. Q.
One hundred and thirty-three (133). Okay. Is that -- is that average for the people in High? Low?
your department? A.
I actually probably have a little less than the
other two teams. Q. A. Okay. Any particular reason for that?
Because I'm being redirected to doing only inhouse
litigation. Q. Okay. What kind of litigation are the other folks
working on? A. Q. The foreclosure and bankruptcy litigation. Okay. So your -- right now your focus is primarily
on those causes of action when Wells Fargo is -- is named as a party? A. As a -- as a def -- yes, as a defendant or --
and/or a crossclaim or counterclaim. Q. Okay. And then are the others involved in more
cases, like Wells Fargo is servicing -- serving as a trustee? A. No. It's for Wells Fargo as the plaintiff in -- in
whatever capacity -Q. A. Okay. -- as the owner of the loan, servicer, trustee,
master servicer. Q. Okay. Do you -- hypothetical borrower, completely
current on their payments, on what system is a nondefault
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borrower's payments tracked? A. Q. A. Q. All payments are tracked on the same system. And -- and that's the -LPS Fidelity. -- the LPS. Is there a division or a department
that -- that -- that tracks the nondefaulted loans? A. Nondefaulted loans are just the payments come in,
they're applied by the cash department, and they're not tracked anything more than, you know, payment application, and it's on the system for anyone to review who pulls up that loan. Q. A. Q. So there's a cash department? Yes. And when -- when a borrower sends their payment in,
an individual has to, assuming it's a mail payment, has to open the envelope -- are you okay? A. Q. Yeah. Has to open the envelope, pull the check out, match Is that
it against the -- the stub that's in the envelope. done in the cash department? A.
I'm not sure the procedures they do to match it.
But I would imagine they would either match it against the check, or the property address, or the loan number that would be accompanying. orders. And it's not just checks. We get money
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Q. A. Q.
Right. We get wires. We can have HCH's.
Does that -- is that part of the process done on --
is it -- is it completely automated or does it require the -a human touch to -- to make the connection between the check and the account? A. Wells Fargo has procedures in place to ensure that
the persons that receive payments are fully trained and provide the necessary research to match appropriately the funds to the account and then apply them to the account. Q. A. Q. Okay. Yes. Okay. And when a borrower defaults on a payment, So it has to be done by a human?
it's tracked in the same system? A. Q. Yes. When a borrower goes into bankruptcy, is it tracked
in the same system? A. Bankruptcy payments are on both LPS, and then the
bankruptcy department has a separate screen in which they keep track of post-petition payments. So it's just an
addendum to make sure the post-petition payment is moved along. Q. A. Q. Is that done on the LPS desktop? It's on the LPS system. Okay. Yes.
So you've got a loan that's not in default,
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a loan that's current, or a loan that's in foreclosure rides along in the same status, but when the bankruptcy's filed, there's something in the network -- there's something in the software that creates a -- that -- that -- where there's a separate tracking module or tracking event that comes up? MR. SPIRES: THE WITNESS: MR. SPIRES: A. All right. Object to the form. Uh-huh. Okay.
You can still answer. A loan current and in default up and to
the point it's accelerated -Q. A. LPS. Uh-huh. -- regardless of the status, every payment is on Bankruptcy payments have an additional screen in order
to track the post-petition payments and to ensure that the post-petition due date is flipped to the next month each and every time a payment is made, and to address any stip payments that may be applied. Q. Okay. Are the payments that -- that -- that an
individual makes in bankruptcy, do they have to be hand entered on both the LPS -- the regular LPS system, and then the -- is it fair to call it the bankruptcy module? A. Q. That's fair. Okay. Is -- does it require two separate entries
in order to track that? A. Yes.
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Q. A. Q. A.
Okay. No. Okay.
Does the same person do both those entries?
How -- how does that work?
Actually, I don't know all the procedures in the However, when comparing
bankruptcy department here at Wells.
the LPS system to the bankruptcy module, there appears to be, when a payment is put in LPS, that that information is somehow -- and I do not know because I don't work in the bankruptcy department here at Wells Fargo -- sent to the bankruptcy representative assigned to that loan to enter into when the post-petition payment was received, and then they must assign then the post-petition due date. Q. Okay. Is that an automated system or is it
something that -- that's transferred from -- from one technician to another by e-mail or done through LPS? how does -A. Q. A. Q. I don't know. Okay. I've never had anybody ask me that question before. Okay. When -- what is the process that Wells Fargo How --
goes through to determine whether or not a borrower has defaulted on their payments in bankruptcy? A. Again, without working in the bankruptcy department
at Wells Fargo, I'm not sure their process. Q. Okay.
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A.
I do know the bankruptcy workstation reflects the
payments as applied, post-petition, and there are indication when the loan is in default and if a motion has been requested. Q. Okay. Do you know the process that goes behind the
decision to -- when you say a motion, are you referring to a motion for relief from stay? A. Q. Correct. Do you know the process that goes behind the
decision to make a request for relief from stay? A. Speaking from experience from when I worked at City
Mortgage -Q. A. Okay. -- each investor had specific guidelines. For
instance, when I did it at City, 45 days behind for Freddie Mac meant you did a motion for relief. Sixty (60) days for
FHA meant you submitted a motion for relief. Q. A. Q. Okay. Whether those guidelines still exist, I'm not sure. Okay. When a borrower goes into default, is the
system set up to make automatic charges? A. Q. A. Not that I can recall. No late fees? Late fees will be assessed on the 15th of the month
for the month the payment is due.
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Q.
Okay.
And is that done by human entry or is that
a -- a function of the software? A. Late fees are pursuant to the data integrity that
is inputted at the time of the transfer of the note or the servicing. Q. A. That's all part of the -- the programming. Okay. Property inspection fees? And, again,
Those would be driven by the investor.
those would be programming parameters that would have been inputted into the system. Q. A. Okay. What about broker price opinions?
It's my experience with broker price that those are
usually requested. Q. Okay. In performing your job duties, do you
request broker price opinions? A. The one instance that I usually request a broker
price is if we're attempting to determine if a cram down value is appropriate, and if an equity analysis is being done to consider that cram down -- I mean, yes. Q. A. Okay. How do you make that request? And if it's Freddie If it's
Depending on the investor.
Mac, I have to submit it through their website.
another investor, then I just send an e-mail to the -- can't even recall the name of the -- the box, to request it. Q. A. Is it Pasval, P-a-s-v-a-l? Pasval. I know I use them. I'm not sure if that's
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the right -Q. A. Q. Okay. I'm not recalling today. Okay. Do you recall what the cost is to Wells
Fargo for a BPO, broker price opinion? A. Q. A. Q. A. I've seen various ones. Okay. Usually 85, $95.
How do you get billed for that?
I don't get billed for that, so I don't know. Do you know how Wells Fargo pays the bill? We have Iclear. So I'm not sure if they submit it
through there or -Q. A. What's Iclear? That's our -- how shall I put this. It is a
database for which our attorneys submit their invoices. They're reviewed by different people with accounting authority and either approve them or don't approve them for payment. Q. A. Q. Okay. So it's an invoice management system?
I guess. Okay. What kind of information do you get back in
a broker price opinion? A. Usually the comps, what the property is valued at,
for a quick sale, as is, and if we wait 120 days. Q. Okay. Okay. Going to show you a copy of the
ledger that was produced by --
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A. Q.
Okay. -- Wells Fargo in discovery that tracks the -- the Looking through there --
payment history of Kelli Jones.
there are some things on here that are pretty self-explanatory. And I'm not going to go through -- through
the time and trouble of asking you what exactly it means. But I am going to ask you, there are two columns that are titled corporate advance fees, assessed or applied and corporate advance fee balance. What's a corporate advance fee? A. Corporate advances are fees and costs that have
been tendered/rendered on behalf of that particular loan. Q. A. What kind of fees and costs? Property inspections, the appraisal you mentioned,
attorney fees and costs, any foreclosure fees and costs that would have been assessed. Q. Okay. Are these invoices -- it sounds like this is
all -- these -- these are fees for services that are provided by entities other than Wells Fargo? A. Q. Yes. Because Wells Fargo doesn't do their property
inspections, doesn't have a division that does BPO's? A. Q. A. No. Okay. So this is all from outside vendors?
Correct.
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Q.
Are these invoices, do they also run through the
Iclear system? A. I don't believe so. I'm not sure how the vendor But what
invoices are paid.
I believe they're submitted.
system they use, I do not know. Q. Okay. Are you able to look at -- at your
workstation, are you able to look at a program and see whether or not a cost has been paid? A. Q. A. Yes. How do you do that? Let me clarify. Do you mean costs paid by Wells
Fargo or costs assessed and paid by mortgagor? Q. A. Q. A. Q. Costs by Wells Fargo. Yes. Is that through the Iclear? That's through Iclear and LPS. Okay. Then the other way you described it was
costs assessed by the mortgagor? A. Q. A. Q. mortgagor? A. Q. Ms. Jones. Okay. Is she ever going to have -- is she ever Assessed and -And paid? By the mortgagor. In this case, who would you define as the
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going to have charges added to the corporate advance balance? A. Q. A. Yes. Describe those for me. She has property inspections and she has
foreclosure attorney fees. Q. A. Okay. And foreclosure costs. And I think there's some
bankruptcy attorney fees on her loan. Q. A. Q. Okay. I'm with you.
Uh-huh. I'm with you. So the corporate advance fees
reflect property inspections, the BPO's, attorney's fees, filing fees, sale fees? A. Q. A. And probably a few others. Okay. Yes.
Any idea what those few others would be?
There could be -- and I don't recall seeing this on
her loan, but there could be property preservation fees, there could be -- and this was on her loan -- fees reimbursed through a modification. Q. you now -MR. CANUPP: THE REPORTER: MR. CANUPP: What are we up to? 5. Plaintiff's 5. Okay. It's all reflected on there.
Now, the document I have that's in front of
(Plaintiff's Exhibit No. 5 marked)
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Q. A. Q. it? A. Q. A. LPS. Q. A. Q. A. Q. A. Q. A. Q.
Do you recognize this document? Yes, I do. How -- how do you describe this document? What is
It's a payment ledger. Okay. How is this document created?
This was manually created based on screens from
Okay.
Do you know who manually created this?
Not specifically, no. Is that available on the system? More than likely not -- yes. Yes? Yes. Okay. Is this -- when is this document prepared?
This document is prepared when requested. Okay. And who normally requests this document?
The borrower or foreclosure attorneys? A. Normally, when a borrower requests history, they
receive a different -- they receive a system transaction that's created from the system. This is a manual creation. I will often
Usually, this is requested by correspondents. request this when I have litigation.
Foreclosure counsel
will sometimes request this when they have a payment dispute in the answer. There's numerous reasons for this to be
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requested. Q. documents? A. Actually, for Wells Fargo, I've never done it. At Okay. Have you ever created one of these
City Mortgage, I did it all the time. Q. these? A. It depends on the year span. It depends if it's Okay. About how long does it take to create one of
just a foreclosure or if there's a bankruptcy involved and how many bankruptcies. I've -- have created ledgers that had
four and five bankruptcies in it before the -- the new law came into effect, in a ten-year span. couple days -Q. A. Q. Right. -- to do. There's another -- there's another category on here So that could take a
titled debtor suspense. A. Q. Okay. What is the debtor suspense account? What -- what
function does it serve? A. Because Ms. Mattox was in a Chapter 13 bankruptcy,
there needed to be a delineation between monies that she was sending in post-petition and those funds received from the trustee. Q. Okay.
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A.
So the debtor suspense monies should reflect the
amounts that she sent in post-petition. Q. Okay. Would the debtor suspense account be used
prior to a bankruptcy? A. Prior to a bankruptcy, a debtor suspense -- it We're just delineating
wouldn't be called debtor suspense. this. Q. It's a suspense account. Okay. Okay.
The reason why I'm asking is just on
the -- on the first page back in her history in 2004 it appears that money went through that account. A. Right. Any funds that would have come in in excess
of her payment or not sufficient to make a payment -Q. A. Q. Okay. -- would go into suspense. Okay. So this is excesses, shortages, that sort of
thing, land in suspense prior to a bankruptcy? A. Right. And then the payment application would be
subsequent. Q. Okay. The debtor suspense account, is it an
interest-bearing account? A. Q. Not that I know of. Okay. Do the fees in the corporate advance
account, do they bear any interest? A. Q. No. Okay. There's another column on here, the trustee
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suspense. A. Q.
Is that a bankruptcy-specific heading? Yes. Okay. How does the trustee suspense account -- I
assume it's an account? A. Q. A. Uh-huh. How does it work? Not -- okay. Trustee suspense, whenever funds come
in from a Chapter 13 trustee, those funds go into the trustee suspense bucket. Q. A. Okay. It's policy and procedure when I was at City -- and
I presume it is the same at Wells because it acts the same way, but I've never had anyone tell me that that's how it's coded -- that these funds in the trustee suspense are not swept. And what I mean by that is, the trustee suspense
bucket, unlike the debtor suspense bucket, can, when there's sufficient funds to make a payment, the overnight batch will just take it and apply. a trustee suspense. Q. A. Q. Okay. So it has to be manual. So the trustee suspense is basically hands off from So that particular trigger is not on
any automation? A. Q. Correct. And the debtor suspense account, when the account
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reaches a certain value -A. Q. A. Q. swept? A. There has to be sufficient funds to make a payment. For a It can --- it can --- be swept. What -- what criteria have to be met for it to be
And for a nondefault loan, that's what it is.
defaulted loan, I'm not a hundred percent sure if there's any other caveat. Q. Okay. Is the longest amount of time a borrower's
funds could stay in the suspense account the time it would take in order for there to be a full payment? A. Q. You will have to clarify that just a bit. Well, I understand that the -- the suspense account
is subject to being swept? A. Q. For a nondefault. For nondefault. Yes. When the loan goes into default,
do -- is -- is there a manual entry or a trigger that prevents any kind of sweeping out of the account? A. There can be a block trigger so it does not get I'm -- I know how
swept, especially when it's accelerated. it acts.
I'm not sure the coding for when it's in default
and no triggers are put on -- or no blocks are put on. Q. Okay.
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A. Q.
I just don't know. Okay. If there are no -- if there are no blocks,
the account would be swept when there's sufficient funds to make a payment? A. Q. Is that --
That's my understanding. Okay. And that -- there's -- in effect, there's
always a block on the trustee suspense account? A. Q. That's my understanding. Okay. Okay. Yes.
On the loan spreadsheet that's
presently before you there are a number of -- of transactions and things that are documented, payments from the debtor, applications of principal and interest, payments on late fees, attorney's fees, runs the whole gamut. Is -- is this
an accurate representation of the history of Ms. Jones' loan? A. I compared this ledger to the actual system, LPS, Yes.
and it appears to be. Q.
And that would be -- those would be the P309 screen
shots that we requested in our discovery? A. Q. A. Q. A. P309 is just one version of the history. Okay. There is another version that I like better. What's the other version? It's SER1 HIST. The limitation on the HIST is it
doesn't go as far as a P309. Q. What do you mean by it doesn't go as far?
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A.
For instance, a P309 may get you to '07 dates of
service, and then you have to request the purged history. Where the HIST will -- may only get you to '08. Q. A. Q. Okay. So -Okay. So the systems have a certain purge function
to them so you keep working with fairly -- do you know if the purpose is so the system doesn't get bogged down and have too much data in it? A. met -Q. A. Q. Okay. -- and have -- they purge at that point. So how many years are actively available on the I believe it's probably parameters that need to be
P309 and -- let me make sure I got this right -- the SER1 HIST? A. Q. A. Q. A. Q. A. Q. A. The P309, I believe, will get us to '07. Okay. And the HIST will get us to '08. Okay. So in order to create this document --
Uh-huh. -- it was necessary to go into archives? It was necessary to request from microfiche the -Okay. -- purged documents. In addition, they had to --
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well, that's what they would have gotten. gotten the 2005, 2004, 2006, and 2000. Q. Okay.
They would have
So --
Is there a -- a division at Wells Fargo that
is -- is charged with creating these documents? A. There is a department that works in Frederick with There are litigation reps And I'm sure there are
us that does create these ledgers. that will prepare their own ledgers.
other individuals within Wells Fargo that have the capability to prepare these as well. Q. A. What's the name of that department in Frederick? Executive -- shoot. I'm sorry. I'm not recalling
the exact name. Q. Okay. Are these -- am I screwing you up? Sorry.
Are -- are these spreadsheets, are they normally checked after they're prepared by a second party, or is it a matter, it's prepared and it's ready to -- it's ready to be used and -- and the data disseminated? A. verified. Q. Okay. On the document there appears to be -- make I'm I believe there are quality checks and they are
sure I'm starting -- it's either Page 3 or Page 4. sorry. Starting on Page 2.
There appeared to be a -- a And it
series of charges beginning with attorney's fees.
looks like third line, 4/4 of '05, it's either 6 or $800 corporate advance for attorney's fees.
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A. Q.
Yes.
I see that.
Is -- is there a standard cost that -- that Wells
Fargo pays for a foreclosure action? A. pays for. There isn't any standard anywhere that Wells Fargo I mean, we have different states. We have There's
different contracts with different attorneys.
different -- even within a state, there's different fees and costs. Q. A. Okay. And different requirements. You have a judicial
state versus a nonjudicial state. Q. A. Q. Right. So there's no standard. In Kentucky, is -- does -- does Wells Fargo pay --
do you know if Wells Fargo pays its attorneys hourly or does it pay them a flat rate in order to do a foreclosure? A. I'm not sure the contract that we have with the
foreclosure counsels. Q. Okay. On 4/11/05 it appears that a title policy
was paid for.
Do you have -- or is that title policy
something that's provided to Wells Fargo? A. Title policy. We're provided with whatever is
involved with the foreclosure once a foreclosure is complete by foreclosure counsel. Title policy. Without seeing the But I
actual invoice, I almost think that's a title search.
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could be wrong. Q. Okay. In the context of -- of the bankruptcy case,
it appears -- it would be Page 5 -- there is a large gray column on 10/11 of '07 -- that there was a $200 attorney's fee charge. A. Q. Okay. How would you know what -- what services were
provided for that $200? A. $200 -Q. A. Okay. -- as this was invoiced seven or eight days after The invoice would reflect what was done for those
the filing of the bankruptcy, and I think I recall seeing this, but I believe this is probably related to the foreclosure -Q. A. Q. A. Q. A. Okay. -- which is billed after the bankruptcy was filed. Okay. Okay. You may --
Because -- if I may. Yes, ma'am.
If you look at 11/02 it specifically says
bankruptcy fee. Q. Okay. And is it normal for things to be split up
between attorney's fee and -- and bankruptcy fee? A. It's my experience that when it's bankruptcy fees,
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it's coded as such. Q. Okay. Okay. On Page 6, 6/24 of '08, there is an
entry of $377.20 into the -- and I believe you called it the debtor suspense bucket? A. Q. Yes. Okay. 377.20. Correct.
And that payment -- when did those funds
come back out of that suspense account? A. It looks -- it goes in, it goes in. It looks like
775.48 of it came out on August 26th, 2008 and it was applied to the July 01, '08? Q. A. Q. I think it's '08. Post-petition payment. Okay. And is that a function of it -- it sat there
until there was enough to make the payment? A. Q. Yes. Okay. Did the same rules apply for the trustee
suspense account? A. Q. What rules? That -- that the funds will sit there until there
is enough money in the account to make a payment up? A. From what I could tell from the history, when there
are sufficient funds in the trustee's balance, then they will take it or they will take -- they will send -- I'm not sure how we do it here in the bankruptcy department at Wells Fargo, because again, I've never been asked that question and
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been here almost two years -- and they will request that a post-petition payment be -- excuse me -- pre-petition payment be applied. Q. Who would -- who -- who would have the most
knowledge about how this account is managed in the bankruptcy department at Wells Fargo? A. Probably the bankruptcy representative could speak
to how the bankruptcy procedures work. Q. A. Q. Okay. No. Okay. Okay. Looking at -- looking at the account Do you know who that is?
transactions, there appear to be -- there's a $1,500 -there's that. There's that. 8/26 of '05, looks like there's
a $2,000 payment on the corporate advance. A. Okay. Corporate advance fees. Yes, $2,000 was
assessed to the corporate fees. Q. A. Any idea what that payment was for? The -- this -- the amount of $2,000 is broken down
in and reflected on a screen called DDCH. THE REPORTER: THE WITNESS: Q. A. for fees. Q. Okay. Is this part of the LPS system? Say that again. DDCH.
What does DDCH stand for? It's for our recoverables or nonrecoverables. It's
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A. Q.
Yes. Okay. On 11/3 of '06, there's another disbursement
for $2,000. A. Q. A. Q. Hold on. It's on Page 4 of 7. 11/10. Up above it. MR. SPIRES: THE WITNESS: MR. SPIRES: MR. CANUPP: A. Q. A. Uh-huh. Is that 11/3 or 11/10? 11 -I think it's 11/10. 11/10.
And this is 2006; right?
Yes, ma'am. Okay. Again, an increase to -- yes, again, all of
this would have been reflected on DDCH. Q. this page. A. Q. A. Q. A. Q. Uh-huh. One thousand -- it's either 65 or $85. Again, those are fees and costs assessed. Okay. And it does increase the corporate advance balance. Okay. MR. CANUPP: minute. Can we go off the record for just a Okay. Okay. 3/22 of '07, the very last line on
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THE VIDEOGRAPHER: time is 10:28.
We're going off the record.
The
(Off the record at 10:28 a.m. to 10:49 a.m.) THE VIDEOGRAPHER: We're now back on the record.
The time is 10:49 a.m. BY MR. CANUPP: Q. All right. Just to kind of get some things cleaned
up from what we didn't cover before our break. I've got a copy of a document titled Defendant's Response to Interrogatories from the Plaintiff. recognize this document? A. Q. Yes. Okay. I signed this. And that leads into -- to my question, is Do you
that your signature on Page 14 of this document? A. Yes, it is. MR. CANUPP: Okay. If we could have this admitted.
(Plaintiff's Exhibit No. 6 marked) MR. SPIRES: this point? THE REPORTER: MR. SPIRES: THE REPORTER: MR. SPIRES: BY MR. CANUPP: Q. Okay. Before we -- before we adjourn, your -- your So what exhibit number are we on at Six? Yes. Okay. Thank you.
This is 6. Okay. All right. Thank you.
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attorney -- you and your attorney stated that there was a series of documents in the -- the LPS software system that would explain some of the fees and charges that we had listed on the spreadsheet? A. figures. Q. That there was a screen that provided those Right. Okay. And -- and your attorney has been -- been
kind enough to make copies of those and -- and bring them in for us today -- or for us now. And I'm looking at two sets of -- of documents. Well, maybe it's one set, just the page numbers are a little cattywompus. But the documents that your attorney put
together for us, are these the documents you referred to before we took our break? A. Q. The DDCH screens, yes. Okay. The data that -- that -- that -- that you
find on the DDCH screens, how is that entered? A. Q. A. Q. Which date? The data. Oh, the data. Yes, ma'am. The data. I'm sorry. My draw may
have masked the question. A. It's my understanding when a fee invoice is
received the -- that information is entered into the system and -- according to the appropriate loan number, and the date
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that corresponds to that charge, the amount, the payee, the reason code, and a description, are entered into the system when those are received into our system. Q. A. Q. A. Q. So it's entered straight into DDCH? Correct. Okay. Is my understanding. Okay. It's not the -- oh, we discussed earlier the
invoice track -- some invoice tracking software. A. Q. A. Q. A. Yes, we did. Does DDCH interface with that software? And I believe I indicated I didn't know. Okay. And I'm not sure how that all works. I don't have
the accounting information. Q. Okay. These documents appear to be document name
untitled, and then it's got DDCH in the top left and a -- a number that is the same on all the pages. number represent? A. Q. A. loan. Q. Okay. The information, the second line, the L Which number are you referencing? Top left, DDCH, 019, triple 4, 5896. That's the loan number associated with Ms. Jones' What does that
colon R, F colon A, B colon C, and R colon, what do those
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represent? A. others. Q. Okay. These are just quick notations as far as I believe the F is foreclosure. I'm not sure the
looking at what the status of this -- this loan is? A. these are. that -Q. A. Q. A. sure. Q. Okay. -- would generate -Okay. But I think I know. So -Okay. And these documents, do they print off page But I'm not a hundred percent I'm actually not sure what the purpose are of -- of I believe they're -- they are specific codes
after page after page -- I mean, they -- they -- do you run the whole history at one time, because we've got 16 pages here? A. screen. Q. A. Q. A. Okay. And then I page down through the end of it. Okay. And I capture everything that is on -- that's What I run is -- the most current will be my first
available to me for periods of time beyond the last screen. If the loan was active then, I can ask for the purged
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information. Q. Okay. How long does it take to get that purged
information back from wherever it may be? A. It depends. Sometimes a couple of days. Sometimes
the same day. Q.
Just depends who is assigned that task. The documents I was provided, it looks like
Okay.
the first series are Pages 1 through 8, and then the second series, 9, 10, 13, 14, 15. Page -- Pages 10 and 11. at? A. page. Q. Okay. Okay. But -- but what I have here matches No, we've got 10. It looks like we're missing
Does that match what you're looking Looks like we're missing 11 and 12.
That's because I made duplicate copies of the same
what you're looking at as far as what -- what's before you? A. I have 1 through 8. And then missing, I believe,
the same pages that you indicated. Q. Okay. Okay. Starting on Page 1, this appears to
be the -- the first page appears to have the newest information on it? A. Q. A. Q. A. Q. Correct. Okay. Transaction -- on the columns there's a TRN.
Uh-huh. Is that the transaction code? Correct. Okay. And the USR, is that the user?
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A. Q.
Yes. Okay. What's the -- is the TRN 631 a property
inspection fee? A. Q. It's a fee. Okay. The -- do the -- does the code for the --
accurately -- does the description to the right of the code accurately reflect what the code stands for? A. It's not specific. It's an -- it's a -- it's a
corporate advance fee. Q. A. Okay. 631, trying to recall if that specifically says I would have to
property inspection, and I don't recall. look at the transaction list. Q. can -A. Q. Uh-huh. -- we can check that. Okay.
And you all provided that previously and we
632, it looks like on
12/17/09, there was a charge of 1,388.16? A. Q. A. Correct. What was that for? It -- from the Page 1 here, it looks like it was a
sheriff fee. Q. Okay. Would that -- do you have -- do you have the
ability to access the invoice for that fee? A. I can request it. Yes.
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Q.
Okay.
Page 2, there's another line -- 632 entry
for 1,675.66 and 288.16? A. Q. Uh-huh. Also it looks like it's sheriff fees. Is that a --
is that your understanding also? A. Q. $2,000. For the dates of service 9/25/09 and 9/14/09, yes. Okay. On Page 6, there's another 632 code for
I think this is one of the ones we discussed off the
spreadsheet? A. Q. A. is. Q. In Kentucky we use a master commissioner to sell Would that be consistent with a master Yes. And that's coded as an MAST? A master -- I'm not sure. I do not know what that
the property.
commissioner charge? A. Q. That would seem likely. Okay. Yes.
And this information was entered by an
individual with the initials of DKH? A. Q. A. That 2,000, yes. Okay. How can I find out who DKH is?
We do have the capability to match a user ID with a The only thing you should be aware of is this
person's name.
was almost four years ago, that person may no longer be at Wells Fargo.
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Q.
Okay.
On down the page, transaction code 714, the
user is ACG, 12/16 of '05, a thousand -- it looks like a $1,000 credit? A. Q. A. Correct. Can you explain the notes, what -- what they mean? For this particular one, Ms. Jones received a loan
modification, and that is a credit that is applied to her -her account. 22T01. Q. A. Q. A. for that. Q. A. Q. A. Q. Okay. What does the code, the 01R01, what's that? Yes, ma'am. That means a third party paid that for her -Okay. -- on her behalf. Or a third party is responsible And you'll notice under the C/A payee, it says
That means it's recoverable to the mortgagor. Okay. Okay. On Page 7, there's a 745 transaction.
Uh-huh. The user is -- well, the 745 transactions that just
have the pound signs. A. Q. Uh-huh. What -- what does that mean when there's not a user
or when there are not letters under the username? A. It's not assigned to a user. With a loan
modification, once it's all entirely booked, there are
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automatic credits, so forth, that are applied to an account depending on the investor. Q. A. Okay. -- I may not be saying it exactly right. But And --
there -- on this particular loan, there were three credits applied to her account for the reinstatement -- the loan modification brings it current. Q. A. Q. A. Okay. Okay. Okay. So this was applied to her account clearing the
recoverable balance. Q. A. Okay. That was part of the requirements was to clear the
recoverable balance. Q. Okay. Is it the same series of transactions that
came into play, the 745 transaction, the user was RHZ, on 11/17 of '05? A. It's a little different. This is an incentive.
The FHA provides a $750 incentive fee for doing the loan mod. It's just a credit -Q. A. Q. A. Okay. -- again. Okay. And can I clarify something?
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Q. A. Q. A.
Yes, ma'am. Okay.
Absolutely.
These beginning ones, the 11/18/05 --
Uh-huh. -- more than likely funds were received from the
mortgagor -Q. A. Okay. -- for the loan mod and that's what's reinstating.
Because you would have had to make -- usually, for a loan mod you have to pay a down payment, and in a loan mod we can't or don't usually include recoverables, so they have to be paid. Q. A. Okay. So that's what that means. I just want to make
sure I said that right. Q. Okay. Back on the first page, several -- several
transactions -- well, all the transactions on the first page are executed by a user DKH. A. Q. Uh-huh. Is that someone in your department or is that
someone in another department? A. Q. That is not anybody in my department. Okay. No.
Is there ever a situation -- ever an
instance where you would make data entry as -- as part of -of this software module? A. screens. No. I do not data enter into any of the DDCH
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Q.
Okay.
Okay. I'd ask these be put in as Plaintiff's
MR. CANUPP: 7. MR. SPIRES: THE WITNESS: MR. SPIRES: THE WITNESS: MR. SPIRES:
Well, I can give you a copy. Oh. Oh, you have a copy? Yeah. Okay. I have a copy. All right. Yeah.
That's fine.
(Plaintiff's Exhibit No. 7 marked) THE WITNESS: Q. Excuse me. Sorry.
Through the discovery and looking at the responses,
and it's -- it's repeated in a couple of different places, I see a code 708. A. Q. A. Q. A. Okay. What does that code stand for? Wells Fargo services and/or owns many loans. Okay. 708 are core loans, loans that we -- Wells Fargo
own or owned at one time. Q. Okay. So even if Wells Fargo sells a loan, it --
it maintains that -- that class as a core loan? A. We sell our loan and we maintain the servicing. We
don't change it to another code. Q. A. Okay. When did Wells Fargo sell this loan?
I would need to refer back to the Milestones.
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Q.
Okay. MR. SPIRES: THE WITNESS: MR. SPIRES: It's Exhibit 3, I think. Uh-huh. Yes.
A.
Actually, if I'm recalling my history correctly, we
actually sold it to Ginnie Mae at one point, then repurchased it back, and then sold it later to Countrywide in '06, I believe. Yeah. I'm pretty sure around June of '06 was
around the time we did that. Q. A. pool. Q. A. Q. something? A. Q. Fannie Mae something. Okay. Okay. From looking at Plaintiff's 7, it Do you know which one? Hmmm, trying to recall. I think it is FMW 2006-2. And now the loan is owned by -The loan is currently in a Fannie Mae securitized
Do you know what FMW -- does it stand for
appears that there are -- there are property inspections still being conducted on the Mattox property; is that correct? A. Q. Yes. What kind of report do you get back on those
inspections? A. I don't get the report. But usually a property
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inspection is provided for within the security instrument, and the purpose is to determine that the house is still occupied and still in good and fair condition. Q. A. Okay. And whenever a loan goes in default, that's when
it's usually invoked. Q. Okay. Okay. Oh, fiddlesticks. Are you okay? Yeah. Oh. I just spilled coffee on me.
THE WITNESS: MR. CANUPP: THE WITNESS: MR. CANUPP: THE WITNESS: MR. CANUPP: THE WITNESS: MR. CANUPP:
Do we need to take a break?
No, it's fine. Are you sure? Yes. It was cold so --
That makes it almost even worse.
John, I know you've got a copy of that. Q. Your counsel provided me this master seller's
warranties and servicing agreement. A. Q. A. Q. A. Q. Uh-huh. Are you familiar with this document? Yes. I have reviewed this.
When did you review it? When this loan was assigned to me. Okay. Yes.
The -- the cop -- did you review -- the copy
you reviewed, is that what you forwarded your counsel to
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provide to us? A. I didn't forward the documents to him. I believe
that was another part -- our inhouse -Q. A. Okay. I just make it a habit of reviewing as many
documents applicable to anything I'm assigned. Q. The version that you signed -- that you reviewed,
had it been executed by anyone? A. The actual execution copy, even though it says it But
here, those signatures are -- are kept usually separate. this is an execution copy that is -- how do I want to say this -- is -- is -- whenever I see execution copy, I don't always have signatures.
I have to request that from somebody
else to actually get signatures. Q. Okay. So it's very standard for you to have a --
an executed document that doesn't have signatures on it? A. Q. that way? A. No. No one's explained it. But I know that that's Correct. Okay. Has anyone explained to you why it's done
usually what I get. Q. A. Okay. But there is -- it is very possible to get actual Let me tell you now, it takes a very long time
signatures. to get them.
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MR. CANUPP:
Okay.
I'm not going to ask that that It's your attorney
go in the record. confidentiality. MR. SPIRES: BY MR. CANUPP: Q. Okay.
Right.
That's fine.
As far as the management and servicing of
Ms. Mattox's loan, what guidance does that agreement provide you as -- as the default litigation specialist? A. Well, it doesn't specifically say anything to me as What it says to me as the
the default litigation specialist.
servicer, and then I work at -- for the servicer, is that we are to treat this loan as if it was one of our own in all aspects; payment application, researching, reviewing, applying any and all modifications, if possible. Q. But this is a loan where it's -- it's ultimately
owned by -- it's not owned by Wells Fargo? A. Q. Correct. At this time it's not.
How -- how does Wells Fargo handle making the
payments that are necessary to the investors on a loan like this? A. The payments to the investor is not the servicer's According to the agreement, the servicer
responsibility.
will disburse, appropriate day -- at appropriate period of time to the master servicer, funds, according to the contract.
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Q. A.
Uh-huh. And then the master servicer would have their
contract with the trust. Q. So the obligation for Wells Fargo at this point is
disburse the -- the funds associated with -- with this loan to the master servicer? A. Q. Correct. Is Wells -- and Wells Fargo is the -- is the
servicer for all the loans that are associated with this Fannie Mae pool? A. Q. A. No. Okay. I just know from Ms. Jones' file, we are the The pool may have many servicers.
servicer, and Countrywide, BAC, as successor by merger, is who we would disburse the funds to. Q. A. Q. A. Q. A. As -- in -- in their role as the master servicer? Correct. And is BAC the master document custodian also? No. That's JP Morgan or Bank of New York? Bank of New York is what I was told by our document
management person. Q. person? A. The young lady that I requested -- requested the And who told -- who's your document management
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file from. Q. A. Q. A. Q. Carolina? A. Q. It's -- it's a Wells Fargo servicing site. Okay. If we could go back to the payment history. Okay. And what's her name? She --
Crystal Rivers. Okay.
Is she in your department or is she --
She's at Fort Mill. Okay. And that's the mother ship in South
It appears that after Ms. Jones filed her bankruptcy -A. Q. Uh-huh. -- she came into a period where she missed her
monthly mortgage payments to Wells Fargo? A. Q. I would agree with that. And those -- those missed payments led -- met the
requirements that Wells Fargo has to file a motion for relief from stay? A. Q. Yes. The motion for relief was filed.
In this loan, what -- what is the trigger for
filing a motion for relief from stay? A. default. Q. A. Q. Okay. So she hit the 60-day default number -For this particular loan, probably a 60-day
Uh-huh. -- a motion for relief from stay was filed?
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A.
Motion for relief filed on 5/22.
She was due.
It
would actually -- was much longer in time. days it should have been referred for -Q. Okay.
But, yeah, at 60
And in an attempt to resolve that motion, an
agreed order was entered that provided for payment of stip payments? A. payments. Q. Okay. From looking at the transaction history, it Yes. There was an agreed order for stipulation
appears that Ms. Mattox was making -- making payments before the agreed order was entered? A. Q. Yes. Okay. That's -- it does appear to be that. And she made a -- did she make a payment on
6/24/08 of $377.20? A. Q. '08? A. Q. A. Q. A. Q. A. Q. If that's an 18, yes. 8/25 of '08, another payment of 377.16? That's correct. 9/22/08, another payment of 377.16? Correct. 10/22/08, a fifth payment of 377.16? Yes. And then 2/3 of '09, a payment of 385.54? Yes, she did. And did she make a payment of 377.16 on 7/18 of
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A. Q.
Yes. Okay.
There was a 385.54 made. And that -- when -- when do you -- do you
believe that the record here is accurate on when it was credited to her account? A. The payments each came in were -- and were applied
to suspense on the day reflected corresponding to the -- the dates we just discussed. Q. A. Okay. Those monies were put into debtor suspense and were
pulled out once a payment was received -- once the amount in the suspense was sufficient to make a payment. Q. Okay. Would -- and then on 4/6 of 2009, she made a
payment of $70.87? A. That's not on this page. I mean, the last one ends
with 3/16/09, what I have. Q. Okay. Do you have any reason to -- to doubt that
she paid $70.87 on 4/6 of '09? A. Q. No, I have no reason. Okay. I know she did.
So that would make that the total of her
stipulated payments that she paid would be $2,342.25? A. Q. $2,373.28? A. Q. Okay. Again, with -I don't have a calculator so I will have to -Okay. The amount that she was in default was
Is that correct?
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A.
-- without seeing the agreed order... MR. CANUPP: Okay. And on my wizbang, I don't have
a copy of the agreed order. MR. SPIRES: from the 4th? MR. CANUPP: MR. SPIRES: MR. CANUPP: MR. SPIRES: this office. MR. CANUPP: pause? MR. SPIRES: MR. CANUPP: that. MR. SPIRES: Okay. All right. We're going off the record. The Do you want to recess for a minute? Let's recess for a minute and get Okay. Okay. Could we -- could we I believe so. September 4th, '08? Yes. That be right. I think I probably do. Is it the one
I think I probably do somewhere in
(Off the record at 11:18 a.m. to 11:23 a.m.) THE VIDEOGRAPHER: The time is 11:23. BY MR. CANUPP: Q. Again, Mr. Spires has been so kind as to -- as to And this is a document titled agreed order Have you We're now back on the record.
grab a document.
vacating order granting relief from automatic stay.
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had a chance to review this document? A. Q. Excuse me. I'm sorry. Yes. I shouldn't spew like that.
Based on -- on -- on putting pen to paper -A. Q. Uh-huh. -- it's my -- it's my figure that the amount called
for in -- in this order was $2,373.28? A. Q. Yes. Okay. That's what it says on the first page. And those funds were to be used to catch up
the missed payments? A. Q. A. It was -- according to the order -Okay. -- it was to pay -- I'm sorry I interrupted you --
three post-petition payments, accrued late charges, and attorney fees and costs. Q. Okay. Based on the payment history, I'm showing
that as of 4/6/09, on this arrearage, Ms. Jones had paid $2,342.25? A. If the 377, what was it, 20, and then the one, and
then the 377.18, and then the $70.87, and whatever the last payment was, if that equals the amount you said, then yes. Q. math. A. Q. Uh-huh. But -- and I'm beating up my microphone. I'm Okay. And I'm -- I'm a lawyer. I'm not great with
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sorry.
But I think that -- I'm pretty confident those
numbers are correct. A. Okay. MR. CANUPP: Could we have this admitted as -- I
believe we're up to 7 or 8? THE REPORTER: A. Number 8. It doesn't reflect the
This only goes to 3/16/09.
70.87 payment, nor the last payment you stated to me. Q. A. Q. Okay. I just wanted to let you know. Okay. But you -- you have knowledge that those
payments were received? A. Right. The 70.87 and the last three something were
received after the due date of 2/15/09 as stipulated in the stipulation. Q. A. Okay. Show you this document. Sorry.
Oh, this.
(Plaintiff's Exhibit No. 8 marked) Q. This is a -- a letter sent from Wells Fargo's And -- and that letter indicates that
counsel in Cincinnati.
there remains a default on the account. A. Q. Okay. Okay. And it appears that 77 -- $775.48 had not
been applied to the account -- or that 7 -- I'm sorry -- that Ms. Mattox hadn't paid 775.48?
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A. Q.
For the February payment. Yes, ma'am. And then the stipulated payment was
short $70.87? A. Q. Yes. Okay. That's what it reflects. Is it -- is it correct that the $70.87
payment was received and credited by Wells Fargo? A. April. Q. A. Yes, ma'am. Because I'm -- and I believe this notice of default It was received and credited, I believe you said in
letter says it was due by February 29th. Q. Okay. The post-petition payment of $775.48, was it
tendered to Wells Fargo? A. Yes. It was tendered on 2/13. This letter was
dated 2/19.
Perhaps, it was referred prior to this letter But
being generated and they didn't get back to Lerner's.
the reason -- having done the bankruptcy rep position, having worked for bankruptcy counsel, I know that the notice of default was not cured within the ten-day frame, as I said, February 29th, because not all monies were received. Q. So --
But the -- the letter -- would you agree that the
letter is incorrect in the amount that's owed as of February 19th, 2009? MR. SPIRES: speculation. Objection, to the extent it calls for But you can still answer --
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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 2009. A.
THE WITNESS: MR. SPIRES:
Yeah. -- if you can.
Actually, I would agree that it is incorrect for One, the agreed order was for 359 -- 395 --
two reasons.
excuse me -- 58 for 9/15/08, and then 395.54 for 10/15/08, and I believe that is actually 90 some dollars, not 70 some dollars when -Q. A. Q. A. Q. Okay. -- when I did my calculations. Okay. So there was actually more of a default. So --
But the -- but the payment of 775.48 had already
been credited at the time this letter was generated? A. The post-petition payment due on 2/1/09, yes, was
credited on 2/13/09. Q. A. Okay. I will agree to that. MR. CANUPP: Okay. If we could have this marked as
Plaintiff's 9. (Plaintiff's Exhibit No. 9 marked) I have a payoff letter that was generated April 1st And this document was -- it appears to have been
prepared by Katie -A. Q. Ritchhart. -- Ritchhart. Is Katie in -- in -- on your team,
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in your unit? A. Q. A. No. Okay. Do you know what division Katie works in? I've
I believe she is in the executive office.
actually spoke to Katie regarding her response to the qualified written, and she prepared this. Q. A. Q. A. Q. Okay. Now, you described her working in --
I think her title -- it's executive off -Executive? She responds to the correspondents. Okay. So --
Does she work with -- with you in Frederick
or is she somewhere else in the Wells Fargo family? A. Q. A. Q. A. Q. A. Q. A. Q. I'm not sure what site she works in. Okay. I can't recall the number. She doesn't -- she doesn't work with you? She's not in Frederick. No.
And she's not on your team? Uh-uh. Okay. Excuse me. No.
This payoff letter, are you familiar with the
process that Ms. Ritchhart would go through in order to prepare this letter? A. Yes, I am.
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Q. A. Q. A.
Could you describe that for me? Okay. There was a payoff requested.
Uh-huh. And as I recall, the mortgagor actually contacted So that's why this was generated.
us and asked for it.
There is a method to entering into the system to request a payoff on the loan, and it's actually -- can be done right on the system. Q. A. Q. Uh-huh. And it generates the figures. Would you -- let me interrupt you. Is that done
through the LPS interface? A. Q. A. It's the way I do it. Okay. I'm sorry. Yes. LPS.
Go ahead.
And it provides all the information with respect to
paying off the loan contractually -Q. A. Q. Okay. -- versus post-petition. Okay. So is there a difference between what the
payoff on the loan would be if Ms. Mattox paid all the way through and got a discharge as opposed to she ended up being -- having her bankruptcy case dismissed and -- and -and a deficiency balance was rendered against her? A. Q. Okay. Okay. Need you to clarify that a little bit. I guess, is there -- would there be more
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fees and costs associated with the loan if Ms. Jones went -was defaulted upon and Wells Fargo obtained a deficiency judgment or if she was able to successfully obtain a Chapter 13 discharge? A. Okay. Having done the bankruptcy portion of it,
when a mortgagor receives a Chapter 13 discharge, all of their arrears are brought, usually a hundred percent -- not a hundred percent, but usually, brought current. So that means
all the fees and costs would have been pretty much zero, and the loan would be contractually current as far as the due date. If she -- someone who's current is due for -- what is
this month? Q. A. October. October, then they would be paid through October.
We would do a payoff from November forward. Q. A. Okay. If someone is in default and asked for a payoff,
the payoff is going to reflect the contractual due date forward. We cannot do a partial payoff. The trustee will
make payments provided the mortgagor makes payments to him, and we do not do a payoff. And, in fact, no ind -- no
mortgage company within the industry will give a payoff based on the trustee paying his portion and then we go forward. Q. A. Okay. It's just not -- it's -- you just can't, one,
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depend that that will occur, and you can't release the loan without full satisfaction. Q. the loan? A. Q. discharge? Correct. You have to. So you're always keeping track of what's owed on
What -- what happens with the loan at the time of Is that the -- is that the point when a
definitive action can be taken in regard to the -- the fees and costs? A. There are certain fees and costs that are For
recoverable to the mortgagor regardless of the state.
instance, in Maryland, even though a property inspection may be assessed on the loan, they're nonrecoverable. end of the bankruptcy, they're removed. And at the
Whatever Kentucky's
state regulation or federal guidelines are with respect to recoverable fees and costs would determine what stays on there as recoverable to her or not. At the end of a
bankruptcy, it is the policy to do a post-audit and make sure that all fees and costs are either recoverable or not. Q. Have you done a post-audit while you've been
employed at Wells Fargo? A. Q. That's not my job function. Okay. Okay. No.
What's the -- what do you know to be
the process for a -- a post-bankruptcy audit? A. And I'm using that term. That may not be what they
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call. Q. A. I understand. I've seen notes when a bankruptcy is completed that
says, for instance, reviewed the file, all trustee's payments have been applied, recoverable fees and costs are "X", they are or are not recoverable. Q. Okay. Okay. How would this payoff statement
change at such time as Ms. Jones was able to -- as she obtained a Chapter 13 discharge? A. You can obtain a Chapter 13 discharge and still be
in default with the loan. Q. A. Uh-huh. The payoff is not going to reflect anything
different other than -- actually, not even anything different unless there has been foreclosure costs added. Q. A. Okay. The Chapter 13 discharge, all it's going to do is
relieve her of the liability. Q. I understand. I think. So it -- it won't come off Those fees and
of her account; it'll always be tracked?
costs will -- will be tracked for the life of the loan? A. Q. A. Fees and costs are on the loan -Uh-huh. -- and will maintain on the loan. The difference
is, remember I mentioned in the DDCH that there was a T or an
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R in the middle of the payee code? Q. A. Right. That would determine whether or not they would be,
in a nondefaulted loan or one where she doesn't have a discharge, whether or not they could be as -- a deficiency judgment for those who now could go after her. Q. Is that -- is that assigning, though, the T code or
the R code as far as when -- in -- in -- in that big of a data entry, is that an automatic function or is that done by a data entry technician? A. It's not an automatic function. Counsel will And then we always
advise us as if it's recoverable or not.
have the option of going back and saying -- to reclass it, to reclass it to a -- from recoverable to nonrecoverable or from recoverable to a third party to pay, so the mortgagor being either responsible or not responsible. Q. Okay. And that is -- is that jurisdiction
specific, state specific, in -- in how it's actually done on an individual loan basis? A. I believe it's -- well, I know in Maryland,
inspections are not covered. Q. A. Okay. And in certain states, fees and -- are only So I believe it's
recoverable if the court orders it. probably jurisdiction.
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Q. A. Q.
Okay. And our counsel would advise us. Okay. On the payoff statement there's -- there's
a -- the recoverable corporate advance of 4,966.38? A. Q. Okay. Is that -- is that directly in line with the
information that would exist as a result of Plaintiff's Exhibit 7? A. Q. I believe it's the CCCH? DDCH. DDCH. As far as those screens, is that where that
information comes from? A. It would reflect any funds -- excuse me. It would
reflect any fees that are recoverable either through the mortgagor or a third party. Q. Okay. The next line down, prorated mortgage
insurance due to HUD. A. Q. Okay. How -- do you know or how can I find that charge
in -- in these sheets? A. It's not on that sheet. The mortgage insurance
disbursement, if you go to your Exhibit 5. Q. A. Okay. Excuse me. It's reflected on that very first page 1/4/05, is at 37,
as -- I'll just give you one example. whatever change it is --
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Q. A.
Okay. -- mortgage insurance disbursed. And that does
change throughout the loan. Q. A. Q. A. Okay. Getting smaller. Okay. In fact, on the very last page, the 2/4/09, it goes So it adjusts.
down to $35.87. Q. A. Okay.
It's just part of the FHA requirement -- or
requirements for her to have gotten an FHA insured loan. Q. This is -- part would fall under servicing
guidelines? A. This was -- she was required to have mortgage
insurance at origination, and we are required each month as a servicer to disburse the mortgage insurance. Q. A. To get the mortgage insurance current? Not to pay -- not to -- mortgage insurance with
respect to FHA -Q. A. Uh-huh. -- as the insurance that -- against the loan
defaulting. Q. A. Okay. And -- and we pay this amount, and she was required
to have this, and we pay this amount each and every month.
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Q.
Okay.
On the payoff statement, we've discussed a And
line where there are 4,966.38 in corporate advance fees.
I understand, from looking at -- at -- at Plaintiff's 5, that attorney's fees and costs are -- are classified here as corporate advances? A. Q. Yes, they are. Okay. Paragraph 2 of the payoff letter indicates
that fees and costs of 3,175.99? A. Q. A. Okay. How is that computed? What that number should represent is -MR. CANUPP: I'm going to interrupt you. Can we go
off the record for just a second. THE WITNESS: Uh-huh. We're going off the record. The
(Off the record at 11:41 a.m. to 11:42 a.m.) THE VIDEOGRAPHER: The time is 11:42. A. What I believe the additional, and I would have to We're now back on the record.
actually calculate it out, is this is probably the amount that was included on the pre-petition claim. Q. Okay. Okay. In -- in preparing this document, I
think you indicated that there's a -- Wells Fargo has a fairly standard process that they use --
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A. Q.
Uh-huh. -- in preparing this. And this -- this looks to be
very much a form. A. Q. software? A. Q. Yes. The -- the breakout of the recoverable corporate Yes, it is. And it's generated out of the -- the LPS desktop
advance and the attorney's fees and costs, is that done manually or is that done automatically through the operation of the software? A. When I have to give a breakdown, I will use a I'll actually use the DDCH and -- and
different screen.
provide that information. Q. And when you use the DDCH, are you basically --
does that, for the most part, force you to -- to run a calculator and -- and add that stuff up, or does it have a function that does that for you? A. Q. A. Q. It doesn't add it up. Okay. I manually calculate everything I put together. Okay. But the LPS desktop does have a feature that
allows you to basically make a request, and -- and there's a data dump, and -- and this letter is generated? A. Whether she cuts and pastes, I don't know.
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Q. A.
Okay. But I know that the -- the actual -- because it
doesn't look like our system, what I see when I pull it up. Q. A. Okay. So I'm not sure if she uses something that merges I do not
it into this document or if she cuts and pastes it. know that. Q. Okay.
The unpaid late charge that's listed in --
underneath Numeral 1. A. Q. Uh-huh. Yes. Sorry.
Does that -- does that reflect the entire -- the --
the unpaid charges for the history of the loan or does it reflect the post-petition, or is that possible to -- to tell at this point? A. You received two packages from my counsel. One was
the DDCH and the one was the fee pages. MR. SPIRES: Mary Ellen? THE WITNESS: MR. SPIRES: THE WITNESS: MR. SPIRES: THE WITNESS: MR. SPIRES: extra. 7. 7. Okay. So what exhibit are you looking at,
There was two pieces -Uh-huh. -- to that. Okay. I need the second piece.
Well, here's -- there was an I thought it was all
But there you go.
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part of Exhibit 7. MR. CANUPP: THE WITNESS: MR. SPIRES: THE WITNESS: MR. SPIRES: MR. CANUPP: MR. SPIRES: MR. CANUPP: THE WITNESS: MR. CANUPP: Okay.
Is that not right?
That's what I thought. No, it's not. Okay. All right.
One -- okay. Should we make it all Exhibit 7? I think we should. It's up to you. But --
I think we should. Okay. Just for clarity's sake.
The DDCH gives me fees and costs from -And
from a period of time forward for property inspections.
I think it's -- and I'm not sure why or what year it changed, but you'll notice on that second one, it says FEE, FEE 1 -Q. A. Yes, ma'am. -- selected codes 4. That is for property
inspections prior to fee -- prior to the inspections reflected on DDCH. Q. A. Okay. Okay. But there
So I didn't work at Wells at this point.
probably was some type of system enhancement, and they went from reflecting on FEE 1 to DDCH. Q. A. Okay. So I wanted to provide you guys with that as well.
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The FEE Code 1 is reflective of late charges. Q. A. Okay. And -- and that's the only screen for that one. So
the 360.05 would be, I believe -- and let me look through this for a few minutes. Okay. Late charges. I'm not a
hundred percent sure without doing a calculator. Q. A. Right. But I believe this is the late charges -- that Pretty
should be, let's see, 75, 150 -- is since the filing. sure, just doing it quickly on my head -Q. A. Q. A. Okay. -- is what it should be. Okay.
Again, I don't have a calculator, but that's what I
believe they are. Q. A. Q. it's $30. A. Q. A. With a payoff you have recording fees. Okay. And transfer. That would be those little $10 or Okay. Underneath Numeral 2 --
Uh-huh. -- there's a listing for other unpaid charges. And
whatever they charge you, 15. Q. A. The wire transfer costs? Yes. Something -- well, not -- not only that.
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Q. A. Q. A.
No. The -Fed-Ex? No. It's recording and something else. They're
small fees. Q. A. Release? Release. Yeah. Gotcha. Okay. Can we go off again? The
MR. CANUPP:
We're going off the record.
(Lunch recess at 11:48 a.m. to 12:59 p.m.) THE VIDEOGRAPHER: We're now back on the record.
The time is 12:59 p.m. BY MR. CANUPP: Q. Okay. I think the last -- where we left off was, It was generated by
in front of you is a payoff statement. Wells Fargo. MR. CANUPP:
Would ask that that be entered as the
Plaintiff's next exhibit, Number 10. (Plaintiff's Exhibit No. 10 marked) MR. CANUPP: Okay. And what I said about our time,
and I think I'll very much be able to keep in that -MR. SPIRES: MR. CANUPP: Okay. -- that time frame.
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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. Page 385.
MR. SPIRES:
That's fine.
I pulled, on defendant's disclosures to Ms. Jones, And this appears to be part of the -- the LPS note
screen program, collection notes, and that sort of thing. A. Q. Yes. And as -- as I read the -- the discovery, this is
the last page that we've got in regard to this note page. We -- we did not get a Page 42. FOR. A. Q. The last line begins with
That appears to be an incomplete sentence. Correct. Is there another sheet? Is -- are there more
sheets that should be coming in behind this? A. Q. A. Q. A. Q. A. printing. Q. Here is the previous page. This would be Page 384, Actually, it should be the page before it. Should be on Page 40? Yes. Okay. Well, I guess it depends on how they did it. Okay. If they did it forward or backwards in the
as it's Bates marked. A. No. They did -- they -- they printed it
differently, because the 11/13/09 date, that's what I would be looking for.
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Q. A.
Okay. The next page that had -- or the prior page that
had 11/13/09. Q. Okay. Can you get to us the -- the pages that
follow or that would -- that finish this sentence? A. They have no -- one knows -- as long as it hasn't
been purged -Q. A. Okay. -- I can get that sentence with the -- on the NOTS,
or I can check just the foreclosure notes because you can -you can make it that limited. Q. A. Okay. Which is what this note is. It's an FOR, which is
a foreclosure note. Q. Okay. And is that from the department? I mean, is
that -- does that represent the department from where it comes from? A. Basically, reading the bottom line and then looking
at the one right before that, it appears that GI -- GIV sent a note. And what I'm thinking is this is probably -- GIV is
probably Lerner Sampson sending -Q. A. Okay. -- a response to the foreclosure representative
saying there's no sale date, because the one right above that begins the same way.
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Q. A. Q. A. see. Q.
Okay. And that would finish it. Okay. From my experience, that's what I would expect to
Okay.
In this series of collection notes back and
forth and -- is this -- are these collection notes or are these communications back and forth between various providers and Wells Fargo? A. These -- as it is right now, it is a capitulation
of all of -- everything. Q. A. Okay. You can delineate and just have foreclosure notes
or just have bankruptcy notes or just have loss mit notes. You'll notice underneath the name, it will have a three character -Q. A. Right. -- and then a Y. And that just says, allow those
notes to show or bring it down -Q. I understand. That makes sense. These notes
indicate that there have been some photographs taken of the Jones property. Have you seen those? Did you review those
before your testimony today? A. Q. I did not review those. No.
And do you know -- have you seen them in the file
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at any point? A. Q. A. Usually that type of document -Uh-huh. -- would be housed not in LIV. I think I probably
have to go and request it from someone in property preservation. Q. Okay. And is that -- is that there in Frederick or
is that in another Wells Fargo location? A. It's an e-mail box, and I'm not sure where it's
located, which location. Q. Okay. So it -- would it be like property
preservation at WellsFargo.com? A. Q. I'm not sure the exact e-mail address. Okay. Okay. But --
Do -- questions that I should have
asked you three hours ago. A. Q. A. Q. Okay. You've never been convicted of a felony, have you? Nope. Never been convicted of, in the last ten years, of
any kind of crime of theft or dishonesty, have you? A. Q. Nope. Perfect. You indicated -- you -- you gave me the And I think it was
name of the pool where the loan was kept. FMW 2006-2? A. W2.
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Q. A. Q. A.
W2. If I recall correctly. Okay. Can you provide me the pool number?
I've been trying to get the pooling and servicing. So --
I haven't been able to get it on the SEC. Q. Okay.
Is that something that you expect will come
with the -- the mortgage custodial file? A. Q. A. Q. number. A. I don't have that. That might be on -- no, I don't No, it will not. Okay. Do you have the CUISP number?
What is that? The -- it's another Fannie/Freddie tracking type
even think it's there because I -- the only number that's on this system would be the FHA loan, the loan -Q. Okay. So at this point the -- as far as you know,
the pool number's not available? A. Q. I do not know where it is. Okay. No.
Is this the kind of question that you would
inquire up your -- your chain of supervision to get that information? A. When we're just a servicer and there's a master That doesn't mean
servicer, we can certainly inquire. they'll give us that information. Q. Okay. Okay.
Present with us today in the room
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is -- is another gentleman from Wells Fargo? A. Q. A. Q. A. Q. A. Correct. Could you identify him for the record, please? His name's Brandon Cannon. And Brandon is here to -Observe. Okay. Are you training him? He's just here to observe So when he is doing it on his
I'm not training him.
and see how I do a deposition.
own, he has some ideas as to what to expect. Q. Did you do the same thing when you were coming up
or when you were just hired? A. I met one-on-one with somebody who done it -- who And I did
done -- excuse me -- who has done a deposition. observe a telephonic. Q. Okay.
Does Wells Fargo go as far as to do the mock
courtroom and that sort of thing as far as -- as preparation for events such as this? A. Q. A. I've never had a mock courtroom. Okay. So I can only speak for myself. MR. CANUPP: MR. SPIRES: her -MR. CANUPP: Okay. That is all the questions I have. I'll take maybe a minute to talk with
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MR. SPIRES: anything. THE WITNESS: MR. SPIRES: THE WITNESS: MR. CANUPP: MR. SPIRES:
-- in another room and see if I have
Uh-huh. I may very well not. Uh-huh. Okay. I'll do that real quick. We're going off the record. The
(Off the record at 1:08 p.m. to 1:12 p.m.) THE VIDEOGRAPHER: The time is 1:12. MR. SPIRES: MR. CANUPP: I don't have any further questions. At this time, pursuant to our notice We're now back on the record.
of deposition, we'd ask for an opportunity to review the master custodial file associated with the -- the loan. today. That was not able to be here
To that end, I believe we're in agreement We'll review that
to adjourn today's deposition.
and determine whether or not it's necessary to come -- come back on the record in this. your understanding -MR. SPIRES: MR. CANUPP: MR. SPIRES: Yes. -- Mr. Spires? That's our understanding as well. Is that
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MR. CANUPP:
That's all we have. This concludes the deposition.
THE VIDEOGRAPHER:
The time is 1:13 p.m. (Whereupon, the video deposition of Mary Ellen Brust concluded at 1:13 p.m.)
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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 STATE OF KENTUCKY COUNTY OF FAYETTE
REPORTER'S CERTIFICATE ) )
I, DENISE Y. VASQUEZ, RPR, KyCCR, and Notary Public in and for the Commonwealth of Kentucky at Large, do hereby certify that the facts as stated by me in the caption hereto are true; that the foregoing answers in response to the questions as indicated were made before me by the witness hereinbefore named, after said witness had first been duly placed under oath, and were thereafter reduced to computer-aided transcription by me and under my supervision; and that the same is a true and accurate transcript of the proceedings to the best of my ability. I further certify that I am not employed by, related to, nor of counsel for any of the parties herein, nor otherwise interested in the outcome of this action. No party to this action nor counsel for said parties requested in writing that the foregoing deposition be signed by the witness. IN WITNESS WHEREOF, I have affixed my signature and seal this 4th day of November, 2010.
_________________________________________ DENISE Y. VASQUEZ, RPR, KyCCR Notary Public, State-at-Large My Commission Expires: November 26, 2011
$
$1,000 - 67:3 $1,500 - 58:12 $10 - 96:22 $2,000 - 58:14, 58:15, 58:18, 59:3, 66:8 $2,342.25 - 78:20, 80:18 $2,373.28 - 78:23, 80:7 $200 - 56:4, 56:8, 56:10 $30 - 96:19 $35.87 - 91:8 $377.20 - 57:3, 77:14 $70.87 - 78:13, 78:17, 80:20, 82:3, 82:5 $750 - 68:20 $775.48 - 81:23, 82:12 $800 - 54:24 $85 - 59:19 $95 - 43:6
'
'05 - 54:24, 58:13, 67:2, 68:18 '06 - 8:8, 59:2, 71:7, 71:8 '07 - 17:3, 53:1, 53:17, 56:4, 59:16 '08 - 53:3, 53:19, 57:2, 57:10, 57:11, 77:17, 77:19, 79:7 '09 - 15:14, 77:25, 78:17 '76 - 10:11 '78 - 10:11, 10:12
11/17 - 68:18 11/18/05 - 69:2 11/3 - 59:2, 59:8 11:18 - 79:18, 79:19 11:23 - 79:19, 79:21 11:41 - 92:16, 92:17 11:42 - 92:17, 92:19 11:48 - 97:10, 97:11 12 - 7:6, 64:10 12/16 - 67:2 12/17/09 - 65:18 120 - 43:23 12:59 - 97:11, 97:13 13 - 1:2, 48:21, 50:8, 64:8, 86:4, 86:6, 88:9, 88:10, 88:17 133 - 36:1 14 - 60:14, 64:8 1400 - 2:5, 3:9 15 - 64:8, 96:23 150 - 96:9 15th - 41:24 16 - 63:16 18 - 77:18 184 - 4:10 186 - 18:19 19 - 4:10, 4:20, 10:7 1976 - 10:8 1995 - 10:12, 10:15 1997 - 8:24, 10:15 19th - 82:23 1:08 - 104:9, 104:10 1:12 - 104:10, 104:12 1:13 - 105:3, 105:5 1st - 24:25, 83:21
27th - 5:8 288.16 - 66:2 29th - 82:11, 82:20
3
3 - 4:12, 18:21, 19:7, 24:15, 26:25, 54:21, 71:2 3,175.99 - 92:8 3/16/09 - 78:15, 81:7 3/22 - 59:16 30th - 30:16, 30:18 322 - 3:4 34 - 4:13 359 - 83:4 360.05 - 96:4 37 - 90:24 377 - 80:19 377.16 - 77:16, 77:19, 77:21, 77:23 377.18 - 80:20 377.20 - 57:5 384 - 98:21 385 - 98:3 385.54 - 77:25, 78:1 395 - 83:4 395.54 - 83:5
94:19, 94:20, 95:1, 95:6 7/18 - 77:16 70 - 4:17, 83:6 70.87 - 81:8, 81:13 7032 - 2:9 7034 - 2:9 708 - 70:13, 70:18 714 - 67:1 745 - 67:17, 67:19, 68:17 75 - 96:9 77 - 81:23 775.48 - 57:9, 81:25, 83:12
8
8 - 4:18, 64:7, 64:15, 81:5, 81:6, 81:18 8/25 - 77:19 8/26 - 58:13 800 - 16:20 81 - 4:18 83 - 4:20 85 - 43:6
9
9 - 4:20, 64:8, 83:19, 83:20 9/14/09 - 66:6 9/15/08 - 83:5 9/22/08 - 77:21 9/25/09 - 66:6 90 - 83:6 97 - 4:21 9:07 - 2:7, 5:9 9:45 - 33:5, 33:6 9:47 - 33:6, 33:8
4
4 - 4:13, 34:20, 34:21, 54:21, 59:5, 62:21, 95:17 4,966.38 - 90:4, 92:2 4/11/05 - 55:19 4/4 - 54:24 4/6 - 78:12, 78:17 4/6/09 - 80:17 40 - 34:12, 98:14 401 - 4:10, 18:19 40361 - 3:4 40507 - 3:10 42 - 98:8 45 - 41:15 46 - 4:14 4th - 79:5, 79:7, 106:16
2
2 - 4:11, 19:3, 19:5, 20:12, 20:13, 25:6, 28:17, 28:22, 31:14, 31:15, 54:22, 66:1, 92:7, 96:16 2,000 - 66:20 2/1/09 - 83:14 2/13 - 82:14 2/13/09 - 83:15 2/15/09 - 81:14 2/19 - 82:15 2/3 - 77:25 2/4/09 - 91:7 20 - 4:11, 80:19 2000 - 54:2 2003 - 8:5, 8:19, 8:24 2004 - 4:11, 24:25, 49:9, 54:2 2005 - 54:2 2006 - 30:16, 30:18, 54:2, 59:12 2006-2 - 71:14, 101:24 2007 - 8:6 2008 - 57:9 2009 - 4:20, 4:22, 7:23, 10:18, 78:12, 82:23, 83:22 201-3400955-703 22:10 2010 - 1:13, 2:6, 5:8, 34:24, 106:16 2011 - 106:21 20th - 24:13, 26:4 22t01 - 67:9 25 - 4:11 250 - 2:5, 3:9 26 - 4:12, 106:21 26th - 57:9 27 - 1:13, 2:6
A
a/k/a - 25:20 ability - 65:24, 106:9 able - 8:15, 26:1, 45:6, 45:7, 86:3, 88:8, 97:22, 102:5, 104:17 absolute - 34:18 Absolutely - 17:6, 69:1 absolutely - 6:22 accelerated - 39:10, 51:22 accepted - 28:8 access - 15:17, 21:19, 29:14, 32:8, 65:24 accessing - 15:20 accompanying 37:24 According - 74:22 according - 61:25, 74:24, 80:11 Account - 4:14 account - 23:15, 38:6, 38:10, 48:19, 49:3, 49:7, 49:10, 49:19, 49:20, 49:23, 50:3, 50:4, 50:25, 51:12, 51:15, 51:20, 52:3, 52:7, 57:7, 57:17, 57:20, 58:5, 58:11, 67:8, 68:1, 68:6, 68:11, 78:4, 81:21, 81:24, 88:20 accounting - 43:15, 62:15 accrued - 80:14
0
01 - 57:10 019 - 62:21 01r01 - 67:15
5
5 - 4:14, 33:18, 46:23, 46:24, 46:25, 56:3, 90:21, 92:3 5/22 - 77:1 50 - 34:12 58 - 83:5 5896 - 62:21
1
1 - 4:10, 4:22, 19:3, 19:4, 19:22, 19:23, 28:20, 28:21, 64:7, 64:15, 64:17, 65:21, 94:9, 95:15, 95:23, 96:1 1,388.16 - 65:18 1,675.66 - 66:2 1/4/05 - 90:24 10 - 4:21, 64:8, 64:9, 64:10, 97:19, 97:20 10-5041 - 1:3 10/11 - 56:4 10/15/08 - 83:5 10/22/08 - 77:23 10005901256010863-4 - 4:12 106 - 4:6 10:28 - 60:2, 60:3 10:49 - 60:3, 60:5 11 - 59:9, 64:9, 64:10 11/02 - 56:21 11/10 - 59:6, 59:8, 59:10, 59:11 11/13/09 - 98:24, 99:3
6
6 - 4:15, 54:24, 57:2, 60:17, 60:22, 66:7 6-105 - 4:4 6/24 - 57:2 6/24/08 - 77:14 60 - 4:15, 41:16, 77:2 60-day - 76:21, 76:23 631 - 65:2, 65:11 632 - 65:17, 66:1, 66:7 65 - 59:19
7
7 - 4:17, 59:5, 67:17, 70:3, 70:9, 71:18, 81:5, 81:24, 90:8,
accurate - 52:14, 78:3, 106:8 accurately - 20:7, 65:6, 65:7 Acg - 67:2 action - 36:13, 55:3, 87:8, 106:11, 106:13 active - 63:25 actively - 53:14 Activity - 4:14 acts - 50:12, 51:23 actual - 52:15, 55:25, 73:9, 73:23, 94:2 add - 93:17, 93:19 added - 46:1, 88:15 addendum - 38:21 addition - 53:25 additional - 21:17, 39:13, 92:20 address - 37:23, 39:16, 101:13 addressed - 34:23 adjourn - 60:25, 104:19 adjusts - 91:8 admitted - 60:16, 81:4 Adv.proc.no - 1:3 advance - 44:8, 44:9, 44:10, 46:1, 46:11, 49:22, 54:25, 58:14, 58:15, 59:22, 65:9, 90:4, 92:2, 93:9 advances - 44:11, 92:5 adversary - 6:5, 8:17, 19:19, 20:9 advise - 89:12, 90:2 affirm - 5:18 affixed - 106:15 age - 10:10 ago - 34:3, 66:24, 101:15 agree - 30:15, 31:10, 76:14, 82:21, 83:3, 83:17 Agreed - 4:18 agreed - 77:5, 77:7, 77:11, 79:1, 79:3, 79:24, 83:4 agreement - 72:18, 74:7, 74:22, 104:18 ahead - 28:3, 85:14 aided - 106:8 alcohol - 7:13 Alex - 16:8 allegation - 15:6 allegations - 11:14 allergies - 7:11 allow - 100:18 allows - 93:23 almost - 55:25, 58:1, 66:24, 72:15 amended - 33:12 Amended - 4:13 America - 25:20, 27:7 amortization 19:15 amount - 51:11, 58:18, 62:1, 78:10, 78:22, 80:6, 80:21, 82:22, 91:24, 91:25, 92:21 amounts - 11:17, 49:2 analysis - 42:17 annual - 14:25 answer - 6:8, 9:18,
10:13, 11:14, 28:3, 28:4, 28:5, 31:12, 39:8, 47:25, 82:25 answers - 6:19, 11:13, 106:6 appear - 32:5, 58:12, 62:16, 77:12 appeared - 54:22 applicable - 73:6 Application - 18:21, 19:2 application - 37:9, 49:17, 74:13 applications 52:12 applied - 19:3, 37:8, 39:17, 41:2, 44:8, 57:9, 58:3, 67:7, 68:1, 68:6, 68:11, 78:5, 81:24, 88:5 apply - 38:10, 50:18, 57:16 applying - 74:14 appraisal - 44:14 appropriate - 42:17, 61:25, 74:23 appropriately - 38:9 approve - 43:16 April - 4:22, 34:24, 82:8, 83:21 Archive - 13:23 archives - 53:22 area - 11:22, 16:11 arrearage - 80:17 arrears - 86:7 aside - 14:23, 21:22 aspects - 74:13 Assessed - 45:19 assessed - 41:24, 44:8, 44:16, 45:12, 45:18, 58:16, 59:20, 87:13 assessments 19:12 assign - 40:12 assigned - 21:4, 21:12, 22:14, 25:18, 40:10, 64:5, 67:24, 72:23, 73:6 assigning - 29:18, 29:19, 89:7 assignment - 18:14, 18:15, 28:25, 29:2, 29:3, 29:6, 29:9, 29:11, 31:13, 31:15 assigns - 21:10, 30:5 assistant - 28:12 associated - 62:22, 75:5, 75:9, 86:1, 104:16 assume - 6:20, 50:4 assuming - 37:15 attached - 18:13 attempt - 77:4 attempting - 42:16 Attorney - 3:6, 3:11 attorney - 5:15, 32:1, 44:15, 46:5, 46:8, 61:1, 61:7, 61:12, 74:2, 80:15 attorney's - 8:21, 24:18, 46:12, 52:13, 54:23, 54:25, 56:4, 56:24, 92:4, 93:9 attorneys - 43:14, 47:18, 55:6, 55:15 audibly - 6:9 audit - 87:18, 87:20, 87:24
August - 57:9 authority - 43:16 automated - 38:4, 40:13 automatic - 18:11, 41:21, 68:1, 79:25, 89:9, 89:11 automatically 93:10 automation - 50:23 available - 47:11, 53:14, 63:24, 102:17 average - 36:2 aware - 16:14, 34:14, 66:23
B
Bac - 25:6, 25:20, 26:7, 35:14, 35:16, 75:14, 75:18 bachelor's - 10:18, 10:20 backwards - 98:19 balance - 44:9, 46:1, 57:22, 59:22, 68:12, 68:15, 85:23 bank - 29:16 Bank - 4:19, 7:20, 7:22, 8:25, 20:15, 20:19, 25:20, 27:7, 27:10, 27:12, 27:23, 29:4, 75:20, 75:21 bankruptcies 48:10, 48:11 Bankruptcy - 1:1, 2:10, 5:5, 38:18, 39:13 bankruptcy - 6:5, 8:6, 9:1, 9:5, 12:9, 12:11, 12:13, 14:12, 17:2, 31:10, 36:11, 38:16, 38:19, 39:19, 39:21, 40:5, 40:6, 40:9, 40:10, 40:22, 40:23, 41:1, 46:8, 48:9, 48:21, 49:4, 49:5, 49:16, 50:1, 56:2, 56:13, 56:17, 56:22, 56:24, 56:25, 57:24, 58:5, 58:7, 58:8, 76:10, 82:17, 82:18, 85:22, 86:5, 87:14, 87:18, 87:24, 88:3, 100:14 bankruptcy's - 39:2 bankruptcyspecific - 50:1 bar - 30:20, 30:21, 30:23, 31:1, 31:2, 31:4, 31:6 based - 6:19, 47:7, 86:22 Based - 80:4, 80:16 basis - 89:19 batch - 50:17 Bates - 98:22 bear - 49:23 bearer - 28:8 bearing - 49:20 beating - 80:25 became - 8:6 become - 14:8 becoming - 8:1 befuddling - 6:22 began - 8:13 beginning - 54:23, 69:2 begins - 98:8, 99:25 behalf - 2:2, 5:12,
5:14, 20:15, 44:12, 67:13 behind - 27:15, 41:5, 41:9, 41:15, 98:12 beneficiary - 26:9 best - 106:9 better - 52:21 between - 38:5, 48:22, 56:24, 85:19, 100:8 beyond - 63:24 big - 89:8 bigger - 12:7 bill - 43:9 billed - 43:7, 43:8, 56:17 bit - 8:15, 28:16, 33:10, 51:14, 85:24 blank - 23:4, 23:16, 23:18, 28:1, 28:6, 28:12 block - 51:21, 52:7 blocks - 51:24, 52:2 bogged - 53:8 Book - 4:10, 18:18 booked - 67:25 born - 7:7 borrower - 36:24, 37:14, 38:13, 38:16, 40:21, 41:20, 47:18, 47:19 borrower's - 37:1, 51:11 bottom - 24:23, 31:17, 99:18 box - 22:4, 22:8, 22:10, 42:23, 101:9 Bpo - 43:5 Bpo's - 44:22, 46:12 Brandon - 3:14, 103:4, 103:5 break - 16:19, 21:23, 33:10, 60:8, 61:14, 72:11 breakdown - 93:12 breakout - 93:8 Brian - 3:3, 4:24, 5:12, 6:3, 17:7, 17:25, 33:16 bring - 61:8, 100:19 brings - 68:7 broken - 12:8, 58:18 broker - 42:10, 42:11, 42:14, 42:15, 43:5, 43:21 brought - 86:7, 86:8 Brust - 1:12, 2:2, 4:3, 5:4, 5:23, 6:3, 6:25, 7:2, 105:5 bucket - 50:9, 50:16, 57:4 building - 14:1, 16:22, 35:3 bull - 11:25 Burnett - 32:1
C
C/a - 67:8 calculate - 92:21, 93:21 calculations - 83:9 calculator - 78:21, 93:17, 96:6, 96:14 Cannon - 3:14, 103:4 cannot - 86:19 Canupp - 3:3, 4:4, 4:24, 5:12, 6:2, 6:3,
9:17, 9:21, 9:24, 10:1, 18:4, 18:7, 18:12, 18:17, 19:21, 20:1, 20:3, 20:11, 24:15, 28:3, 28:21, 28:23, 33:3, 33:9, 33:20, 33:25, 34:3, 34:8, 34:13, 34:16, 34:18, 46:22, 46:24, 59:11, 59:24, 60:6, 60:16, 60:24, 70:2, 72:9, 72:11, 72:13, 72:15, 74:1, 74:5, 79:2, 79:6, 79:8, 79:11, 79:14, 79:22, 81:4, 83:18, 92:12, 95:2, 95:7, 95:9, 95:11, 97:8, 97:14, 97:18, 97:21, 97:25, 103:22, 103:25, 104:6, 104:14, 104:24, 105:1 capability - 26:22, 54:8, 66:22 capacity - 36:20 capitulation 100:10 caption - 106:5 capture - 63:23 care - 16:18 Carolina - 76:7 case - 16:25, 17:10, 21:9, 22:3, 35:15, 45:22, 56:2, 85:22 cases - 9:12, 36:18 cash - 37:8, 37:12, 37:20 catch - 80:9 category - 48:16 cattywompus 61:12 causes - 36:13 caveat - 51:10 Ccch - 90:8 Ccr(ky - 2:3 Center - 3:9 certain - 51:1, 53:6, 87:10, 89:23 certainly - 102:23 Certificate - 4:6, 106:1 certificate - 10:16, 14:13 certify - 106:5, 106:10 chain - 102:20 chance - 33:12, 80:1 change - 70:23, 88:8, 90:25, 91:3 changed - 12:10, 95:14 Chapter - 1:2, 48:21, 50:8, 86:3, 86:6, 88:9, 88:10, 88:17 character - 100:16 charge - 19:9, 56:5, 62:1, 65:18, 66:16, 90:18, 94:8, 96:23 charged - 54:4 Charges - 19:6 charges - 19:16, 41:21, 46:1, 54:23, 61:3, 80:14, 94:12, 96:1, 96:5, 96:8, 96:18 check - 37:18, 37:23, 38:5, 65:17, 99:10 checked - 54:15 checks - 37:24,
54:18 child - 10:11 Cincinnati - 31:17, 81:20 City - 8:3, 8:4, 8:5, 8:13, 8:18, 8:25, 9:2, 9:3, 14:11, 41:11, 41:15, 48:5, 50:11 claim - 92:22 clarify - 16:6, 29:7, 45:11, 51:14, 68:25, 85:24 clarity's - 95:11 class - 11:2, 70:21 classes - 14:23 classified - 92:4 cleaned - 60:7 clear - 18:6, 68:14 cleared - 17:12 clearing - 68:11 clerk - 31:24 closed - 20:14 Code - 96:1 code - 30:20, 30:23, 31:6, 62:2, 64:23, 65:5, 65:6, 65:7, 66:7, 67:1, 67:15, 70:13, 70:15, 70:23, 89:1, 89:7, 89:8 coded - 50:14, 57:1, 66:11 codes - 30:21, 31:1, 31:2, 31:4, 63:7, 95:17 coding - 51:23 coffee - 72:10 cold - 72:14 colleagues - 13:15 collection - 98:4, 100:6, 100:7 college - 10:6, 10:7 College - 10:11, 11:5 colon - 62:25 column - 49:25, 56:4 columns - 44:7, 64:21 com - 28:7 coming - 20:16, 98:12, 103:11 commencing - 2:6 Commission 106:21 commissioner 66:14, 66:16 Commonwealth 106:5 communications 100:8 companies - 16:13 company - 28:7, 86:22 compared - 52:15 comparing - 40:5 complaint - 15:4 complete - 55:23 completed - 88:3 completely - 36:24, 38:4 compliance - 14:25 comps - 43:22 computed - 92:10 computer - 13:12, 13:16, 13:17, 106:8 computer-aided 106:8 concluded - 105:5 concludes - 105:2 condition - 72:3
conducted - 71:20 confident - 81:1 confidentiality 74:3 confused - 28:16 congestions - 22:1 connection - 38:5 consider - 42:18 consistent - 35:11, 66:15 consumer - 8:21 contacted - 27:9, 85:4 contested - 8:16 context - 56:2 contract - 55:17, 74:25, 75:3 contracts - 55:6 contractual - 86:18 contractually 85:16, 86:10 Convenants - 19:5 convicted - 101:17, 101:19 cop - 72:24 copies - 61:8, 64:11 copy - 17:4, 17:9, 20:1, 23:2, 24:17, 28:17, 43:24, 60:9, 70:4, 70:6, 70:7, 72:16, 72:24, 73:9, 73:11, 73:12, 79:3 core - 70:18, 70:21 corporate - 20:18, 44:8, 44:9, 44:10, 46:1, 46:11, 49:22, 54:25, 58:14, 58:16, 59:22, 65:9, 90:4, 92:2, 92:5, 93:8 Corporate - 44:11, 58:15 correct - 24:22, 26:2, 33:20, 71:21, 77:20, 78:25, 81:2, 82:5 Correct - 10:24, 11:10, 12:18, 13:11, 35:10, 41:8, 44:25, 50:24, 57:5, 62:5, 64:20, 64:24, 65:19, 67:4, 73:17, 74:17, 75:7, 75:17, 77:22, 87:5, 98:10, 103:2 correctly - 25:8, 71:5, 102:2 correspondents 47:22, 84:10 corresponding 78:6 corresponds - 62:1 cost - 43:4, 45:8, 55:2 Costs - 45:13 costs - 44:11, 44:13, 44:15, 45:11, 45:12, 45:18, 46:7, 55:8, 59:20, 80:15, 86:1, 86:9, 87:9, 87:10, 87:16, 87:19, 88:5, 88:15, 88:21, 88:22, 92:4, 92:8, 93:9, 95:12, 96:24 Counsel - 5:10, 89:11 counsel - 9:18, 11:15, 47:23, 55:24, 72:17, 72:25, 81:20, 82:18, 90:2, 94:15, 106:11, 106:13 counsels - 55:18
counterclaim 36:16 counterclaims 8:17, 11:13, 11:14 Countrywide 25:16, 25:18, 25:19, 27:7, 27:8, 71:7, 75:14 County - 106:3 county - 31:24 couple - 15:3, 48:13, 64:4, 70:12 course - 21:13, 30:25 courses - 14:24 court - 5:2, 6:5, 89:24 Court - 1:1, 5:5 courtroom - 103:17, 103:19 cover - 60:8 covered - 89:21 coworker - 35:2 cram - 42:16, 42:18 create - 48:6, 53:20, 54:6 created - 47:6, 47:7, 47:9, 47:21, 48:2, 48:10 creates - 39:4 creating - 54:4 creation - 47:21 credit - 67:3, 67:7, 68:21 credited - 78:4, 82:6, 82:7, 83:13, 83:15 credits - 68:1, 68:5 crime - 101:20 criteria - 51:5 crossclaim - 36:16 Crystal - 76:3 cube - 12:2, 15:22 cubicle - 11:24, 13:10 Cuisp - 102:9 cured - 82:19 current - 36:25, 39:1, 39:9, 63:18, 68:7, 86:8, 86:10, 86:11, 91:17 custodial - 27:2, 27:13, 102:7, 104:16 custodian - 27:9, 75:18 Customer - 4:14 cuts - 93:25, 94:6
D
dandy - 28:15 data - 42:3, 53:9, 54:17, 61:16, 61:19, 61:20, 61:21, 69:22, 69:24, 89:9, 89:10, 93:24 database - 13:22, 15:17, 26:20, 43:14 date - 5:8, 8:8, 17:1, 22:22, 34:9, 39:15, 40:12, 61:18, 61:25, 81:14, 86:11, 86:18, 98:24, 99:24 dated - 4:11, 4:20, 4:22, 82:15 dates - 53:1, 66:6, 78:7 days - 15:3, 41:15, 41:16, 43:23, 48:13, 56:12, 64:4, 77:3
Ddch - 4:17, 58:19, 58:21, 58:22, 59:15, 61:15, 61:17, 62:4, 62:11, 62:17, 62:21, 69:24, 88:25, 90:9, 90:10, 93:13, 93:15, 94:16, 95:12, 95:19, 95:23 deal - 12:10 debtor - 48:17, 48:19, 49:1, 49:3, 49:5, 49:6, 49:19, 50:16, 50:25, 52:11, 57:4, 78:9 Debtor - 1:5 December - 11:2 decision - 28:11, 29:9, 41:6, 41:10 def - 36:15 default - 7:19, 8:1, 8:7, 8:10, 9:1, 9:9, 11:9, 12:7, 15:2, 21:14, 38:25, 39:9, 41:3, 41:20, 51:18, 51:23, 72:5, 74:8, 74:10, 76:22, 76:23, 78:22, 81:21, 82:10, 82:19, 83:11, 86:17, 88:11 defaulted - 40:22, 51:9, 86:2 defaulting - 91:22 defaults - 38:13 Defendant - 1:9, 3:11 defendant - 36:15 Defendant's - 4:15, 60:9 defendant's - 98:2 deficiency - 85:23, 86:2, 89:5 define - 45:22 defined - 21:9 definitive - 87:8 degree - 10:19 delineate - 100:13 delineating - 49:6 delineation - 48:22 Denise - 2:3, 5:3, 106:4, 106:20 department - 27:5, 35:22, 36:3, 37:5, 37:8, 37:12, 37:20, 38:19, 40:5, 40:9, 40:23, 54:5, 54:10, 57:24, 58:6, 69:18, 69:19, 69:20, 76:4, 99:15, 99:16 Deposition - 1:11, 4:13 deposition - 2:1, 2:7, 5:4, 6:8, 6:11, 7:16, 11:18, 33:12, 103:9, 103:14, 104:15, 104:19, 105:2, 105:4, 106:13 depositions - 9:4, 9:8, 9:21 depth - 8:15 Describe - 46:3 describe - 47:3, 85:1 described - 45:17, 84:7 description - 62:2, 65:6 Description - 4:9 desk - 15:24, 16:20, 32:3 desktop - 13:19,
38:23, 93:5, 93:22 determine - 11:15, 26:1, 40:21, 42:16, 72:2, 87:16, 89:3, 104:20 determined - 8:14 difference - 85:19, 88:24 different - 13:22, 21:20, 25:13, 26:6, 26:18, 43:15, 47:20, 55:5, 55:6, 55:7, 55:10, 68:19, 70:12, 88:14, 93:13 differently - 98:24 digital - 32:16 Dinsmore - 2:4, 3:8 directly - 27:13, 90:6 disburse - 74:23, 75:5, 75:15, 91:16 disbursed - 91:2 disbursement 59:2, 90:21 discharge - 85:21, 86:4, 86:6, 87:7, 88:9, 88:10, 88:17, 89:5 disclosures - 98:2 discovery - 2:8, 23:3, 44:2, 52:18, 70:11, 98:6 discrepancy - 26:14 discussed - 62:8, 66:8, 78:7, 92:1 discussion - 34:19 dishonesty - 101:20 dismissed - 85:22 dispute - 47:24 disputes - 8:12, 8:13 disseminated 54:17 distractions - 7:15 District - 1:1, 5:6 division - 37:5, 44:22, 54:3, 84:3 Division - 1:2, 5:6 Dkh - 66:19, 66:21, 69:16 doc - 13:25 document - 13:24, 17:15, 17:16, 17:22, 19:24, 19:25, 20:5, 20:24, 29:21, 29:23, 30:15, 30:19, 31:8, 31:14, 31:21, 31:23, 32:2, 46:20, 47:1, 47:3, 47:6, 47:15, 47:16, 47:17, 53:20, 54:20, 60:9, 60:11, 60:14, 62:16, 72:20, 73:16, 75:18, 75:21, 75:23, 79:24, 80:1, 81:16, 83:22, 92:23, 94:6, 101:2 documented - 15:5, 52:11 documents - 4:17, 13:25, 25:14, 30:21, 32:16, 32:18, 48:3, 53:25, 54:4, 61:2, 61:10, 61:12, 61:13, 62:16, 63:14, 64:6, 73:2, 73:6 dollars - 83:6, 83:7 done - 13:12, 13:13, 15:7, 22:24, 29:13, 37:20, 38:3, 38:11, 38:23, 40:15, 42:1, 42:17, 48:4, 56:9,
73:18, 82:17, 85:7, 85:11, 86:5, 87:20, 89:9, 89:18, 93:9, 93:10, 103:13, 103:14 doubt - 78:16 down - 12:8, 16:19, 42:16, 42:18, 53:8, 58:18, 63:21, 67:1, 69:9, 90:15, 91:8, 100:19 drafted - 29:10 draw - 61:21 drive - 16:19 driven - 42:7 drugs - 7:12 due - 11:17, 19:14, 19:16, 39:15, 40:12, 41:25, 77:1, 81:14, 82:11, 83:14, 86:10, 86:11, 86:18, 90:16 duly - 5:24, 106:7 dump - 93:24 duplicate - 64:11 during - 21:21 duties - 11:11, 26:16, 42:13
E
e-mail - 13:20, 14:2, 40:15, 42:22, 101:9, 101:13 Eastern - 1:1, 5:6 Ecf - 33:18, 34:15 educational - 10:2 effect - 48:12, 52:6 eight - 56:12 either - 37:22, 43:16, 54:21, 54:24, 59:19, 87:19, 89:16, 90:13 Electronic - 16:21, 21:7 Ellen - 1:12, 2:2, 4:3, 5:4, 5:23, 6:25, 94:18, 105:4 employed - 8:18, 11:8, 87:21, 106:10 employees - 16:12, 16:15, 16:21 end - 63:21, 87:14, 87:17, 104:18 ended - 85:21 endorse - 27:25, 28:11 endorsed - 22:21, 22:22, 23:17 endorsement 20:15, 20:17, 20:22, 22:25, 23:4, 23:14, 23:16, 28:7 ends - 78:14 enhancement 95:22 ensure - 38:7, 39:14 enter - 24:4, 40:10, 69:24 entered - 34:20, 39:20, 61:17, 61:24, 62:2, 62:4, 66:18, 77:5, 77:11, 97:18 entering - 85:6 entire - 94:11 entirely - 67:25 entities - 44:19 entity - 30:5 entries - 39:23, 40:1 entry - 42:1, 51:19, 57:3, 66:1, 69:22, 89:9, 89:10
envelope - 37:16, 37:18, 37:19 environment 11:25 equals - 80:21 equity - 42:17 ergo - 21:8 especially - 51:22 event - 24:22, 39:5 events - 103:18 ex - 13:25, 97:3 exact - 21:6, 22:22, 35:23, 54:12, 101:13 exactly - 44:6, 68:4 Examination - 4:4, 6:1 examined - 5:25 example - 90:24 Excel - 13:24 excess - 49:11 excesses - 49:15 excuse - 58:2, 83:5, 90:12, 103:14 Excuse - 70:10, 80:2, 84:21, 90:23 executed - 30:16, 69:16, 73:8, 73:16 execution - 73:9, 73:11, 73:12 executive - 84:4, 84:8 Executive - 54:11, 84:9 Exhibit - 19:23, 20:13, 26:25, 28:20, 28:21, 28:22, 34:20, 34:21, 46:25, 60:17, 70:9, 71:2, 81:18, 83:20, 90:8, 90:21, 95:1, 95:6, 97:20 exhibit - 60:18, 94:17, 97:19 exist - 41:19, 90:7 expect - 10:25, 100:4, 102:6, 103:10 experience - 14:11, 27:16, 41:11, 42:11, 56:25, 100:4 Expires - 106:21 explain - 61:3, 67:5 explained - 73:18, 73:20 explanatory - 44:5 extent - 82:24 extra - 94:25
F
face - 29:23 facility - 16:17 fact - 86:21, 91:7 facts - 106:5 fair - 39:21, 39:22, 72:3 fairly - 31:8, 53:7, 92:25 fall - 91:12 familiar - 14:13, 16:8, 72:20, 84:22 family - 84:12 Fannie- 23:23, 25:7, 25:18, 25:20, 25:23, 35:12, 71:11, 71:17, 75:10 Fannie/freddie102:11 far - 6:7, 7:9, 7:16, 52:24, 52:25, 63:4, 64:14, 74:6, 86:10, 89:8, 90:10, 102:16,
103:16, 103:17 Far- 23:17, 30:22 Fargo- 1:9, 3:14, 4:13, 4:19, 4:21, 5:8, 5:15, 7:19, 7:22, 8:12, 9:10, 11:8, 11:20, 14:9, 14:10, 14:16, 20:15, 20:16, 20:19, 20:22, 22:21, 22:23, 23:4, 23:17, 27:6, 27:25, 28:13, 29:3, 29:11, 29:19, 30:21, 30:23, 34:24, 35:4, 35:19, 36:13, 36:18, 36:19, 38:7, 40:9, 40:20, 40:24, 43:5, 43:9, 44:2, 44:19, 44:21, 45:12, 45:13, 48:4, 54:3, 54:8, 55:3, 55:4, 55:14, 55:15, 55:21, 57:25, 58:6, 66:25, 70:16, 70:18, 70:20, 70:24, 74:16, 74:18, 75:4, 75:8, 76:8, 76:13, 76:16, 82:6, 82:13, 84:12, 86:2, 87:21, 92:24, 97:17, 100:9, 101:8, 103:1, 103:16 Fargo's- 15:2, 23:3, 81:19 fault - 33:24 Fayette- 106:3 feature - 93:22 February- 4:20, 10:18, 82:1, 82:11, 82:20, 82:22 Fed- 13:25, 97:3 Fed-ex- 13:25, 97:3 Federal- 2:10 federal - 87:15 fee - 8:12, 44:9, 44:10, 56:5, 56:22, 56:24, 61:23, 65:3, 65:4, 65:9, 65:22, 65:24, 68:20, 94:16, 95:18 Fee- 95:15, 95:23, 96:1 Fee1- 4:17 fees - 41:23, 41:24, 42:3, 42:6, 44:8, 44:11, 44:13, 44:15, 44:18, 46:5, 46:8, 46:11, 46:12, 46:13, 46:17, 46:18, 49:22, 52:13, 54:23, 54:25, 55:7, 56:25, 58:15, 58:16, 58:24, 59:20, 61:3, 66:4, 80:15, 86:1, 86:9, 87:8, 87:10, 87:16, 87:19, 88:5, 88:20, 89:23, 90:13, 92:2, 92:4, 92:8, 93:9, 95:12, 96:20, 97:5 Fees- 88:22 felony - 101:17 few - 46:14, 46:15, 96:5 Fha- 22:3, 22:12, 22:15, 41:17, 68:20, 91:10, 91:11, 91:19, 102:15 fiddlesticks - 72:8 Fidelity- 13:20, 14:19, 16:2, 16:15, 32:22, 37:4 Fifth- 19:15 fifth - 77:23
figure - 80:6 figures - 61:6, 85:10 file - 22:18, 27:3, 27:13, 27:17, 75:13, 76:1, 76:16, 88:4, 100:25, 102:7, 104:16 filed - 4:24, 6:5, 16:25, 17:2, 34:1, 34:6, 39:2, 56:17, 76:10, 76:18, 76:25, 77:1 files - 13:13, 13:22, 23:7, 30:25 filing - 46:13, 56:13, 76:20, 96:9 Financial- 3:9 fine - 7:11, 21:24, 70:8, 72:12, 74:4, 98:1 finish - 99:5, 100:2 fire - 19:12 firm - 31:16 Firm- 8:20 first - 5:24, 8:13, 20:25, 33:17, 33:23, 49:9, 63:18, 64:7, 64:18, 69:14, 69:15, 80:8, 90:23, 106:7 First- 4:15, 19:8 five - 6:15, 48:11 flat - 55:16 flipped - 39:15 flood - 19:13 Fmw- 71:14, 71:15, 101:24 focus - 36:12 folks - 36:9 follow - 99:5 follows - 5:25, 19:4 force - 93:16 Foreclosure- 47:23 foreclosure - 12:8, 12:11, 12:12, 14:12, 16:24, 31:9, 36:11, 39:1, 44:15, 46:5, 46:7, 47:18, 48:9, 55:3, 55:16, 55:18, 55:23, 55:24, 56:15, 63:2, 88:15, 99:10, 99:14, 99:23, 100:13 foreclosures - 8:16 foregoing - 106:6, 106:13 form - 24:21, 39:6, 93:3 Fort- 76:5 forth - 6:7, 14:22, 27:8, 68:1, 100:7, 100:8 forward - 34:22, 73:2, 86:15, 86:19, 86:23, 95:13, 98:19 forwarded - 72:25 four - 12:5, 14:11, 48:11, 66:24 Fourth- 19:14 frame - 82:19, 97:25 Freddie- 41:15, 42:20 Frederick- 7:4, 8:20, 11:21, 16:17, 54:5, 54:10, 84:11, 84:17, 101:7 Friday- 27:20 front - 46:20, 97:16 full - 51:13, 87:2 fully - 38:8 function - 42:2, 48:20, 53:6, 57:13, 87:22, 89:9, 89:11,
93:18 functions - 8:11 funds - 38:10, 48:23, 49:11, 50:7, 50:8, 50:14, 50:17, 51:7, 51:12, 52:3, 57:6, 57:19, 57:22, 69:4, 74:24, 75:5, 75:15, 80:9, 90:12
G
gamut - 52:13 generate - 63:10 generated - 82:16, 83:13, 83:21, 85:5, 93:5, 93:24, 97:16 generates - 85:10 gentleman - 31:25, 103:1 Gi - 99:19 Ginnie - 71:6 Giv - 99:19, 99:20 given - 6:10, 9:8, 9:22, 21:7, 29:5 glasses - 17:5, 17:14 Glenn - 20:15, 20:20 glitch - 34:15 Gotcha - 97:8 grab - 79:24 graduated - 10:7 granting - 18:10, 79:25 Granting - 4:18 gray - 56:3 great - 80:22 ground - 19:12 group - 16:12, 35:9 groups - 12:8 Grove - 12:24 Groves' - 12:25 guess - 6:20, 33:21, 43:19, 85:25, 98:17 guidance - 74:7 guidelines - 41:14, 41:19, 87:15, 91:13 guys - 95:25
High - 10:8, 36:3 hired - 103:12 Hist - 52:23, 53:3, 53:16, 53:19 history - 10:3, 44:3, 47:19, 49:9, 52:14, 52:19, 53:2, 57:21, 63:16, 71:5, 76:9, 77:9, 80:16, 94:12 hit - 76:23 Hmmm - 71:14 Hodge - 20:15, 20:20 Hold - 59:4 holder - 34:25 Home - 4:21, 25:6 hoped - 27:20 hour - 2:7 hourly - 55:15 hours - 101:15 house - 72:2 housed - 101:4 Hud - 90:16 huh's - 6:9 human - 38:5, 38:11, 42:1 Hundred - 16:7 hundred - 23:9, 36:1, 51:9, 63:12, 86:7, 86:8, 96:6 hypothetical 36:24
I
Iclear - 43:10, 43:12, 45:2, 45:15, 45:16 Id - 66:22 idea - 35:18, 46:15, 58:17 ideas - 103:10 identify - 21:16, 34:25, 103:3 image - 32:6, 32:10, 32:16 Image - 16:7 imaged - 13:17, 32:18 imagine - 37:22 immediately - 25:18 important - 31:9, 31:13 impression - 25:12 in-blank - 28:6 Inc - 21:7 incentive - 68:19, 68:20 include - 69:10 included - 92:22 incomplete - 98:9 incorrect - 12:9, 82:22, 83:3 increase - 59:14, 59:22 ind - 86:21 indicate - 31:24, 100:21 indicated - 10:13, 62:12, 64:16, 92:24, 101:22, 106:6 indicates - 31:15, 34:1, 81:20, 92:7 indication - 41:2 individual - 27:19, 37:15, 39:19, 66:19, 89:19 individuals - 54:8 industry - 28:8, 86:22
H
habit - 73:5 Hagerstown 10:11, 11:5 hand - 5:17, 30:18, 39:19 handle - 8:15, 12:17, 74:18 hands - 27:17, 50:22 hard - 16:19 Harris - 25:2 hazard - 19:13 Hch's - 38:2 head - 96:10 heading - 50:1 heard - 30:14 held - 7:21, 7:24 help - 15:24, 16:20, 22:17 helpful - 26:17 helps - 15:18, 26:17 hereafter - 21:9 hereby - 106:5 herein - 5:24, 106:11 hereinbefore 106:7 hereto - 106:5 high - 10:5
influence - 7:12 information - 15:18, 15:21, 21:19, 22:16, 22:17, 26:20, 40:7, 43:20, 61:24, 62:15, 62:24, 64:1, 64:3, 64:19, 66:18, 85:15, 90:7, 90:11, 93:14, 102:21, 102:24 inhouse - 36:7, 73:3 initials - 66:19 input - 13:22 inputted - 42:4, 42:9 inquire - 102:20, 102:23 inside - 9:6 inspection - 42:6, 65:3, 65:12, 72:1, 87:12 inspections 44:14, 44:22, 46:4, 46:12, 71:19, 71:24, 89:21, 95:13, 95:18 instance - 41:15, 42:15, 53:1, 69:22, 87:12, 88:4 instead - 19:10 instructions - 31:24 instrument - 21:6, 72:1 Insurance - 19:6 insurance - 19:8, 19:11, 19:13, 90:16, 90:20, 91:2, 91:15, 91:16, 91:17, 91:18, 91:21 insured - 22:12, 91:11 integrity - 42:3 interchangeable 16:3 interest - 19:14, 21:6, 49:20, 49:23, 52:12 interest-bearing 49:20 interested - 106:11 interface - 32:19, 32:21, 32:22, 62:11, 85:12 Interrogatories 4:16, 60:10 interrupt - 85:11, 92:12 interrupted - 80:13 introduce - 5:10 investor - 25:6, 25:7, 25:21, 25:25, 41:14, 42:7, 42:20, 42:22, 68:2, 74:21 investors - 35:9, 74:19 invoice - 43:18, 55:25, 56:9, 61:23, 62:9, 65:24 invoiced - 56:12 invoices - 43:14, 44:17, 45:1, 45:4 invoked - 72:6 involved - 36:17, 48:9, 55:23 it'll - 88:20
87:22 John- 3:8, 5:14, 20:1, 27:13, 35:1, 35:2, 72:16 John's- 27:17 Jones- 1:5, 1:7, 5:7, 44:3, 45:24, 67:6, 76:10, 80:17, 86:1, 88:8, 98:2, 100:22 Jones'- 52:14, 62:22, 75:13 Jose- 13:1 Jp- 75:20 judgment - 86:3, 89:6 judicial - 55:10 Julianne- 12:24 July- 24:25, 57:10 June- 4:11, 71:8 Junior- 10:11, 11:5 jurisdiction - 89:17, 89:25
K
Kaplan - 11:7 Katie - 83:23, 83:25, 84:3, 84:5 keep - 22:18, 38:20, 53:7, 97:22 keeping - 87:3 Kelli - 1:5, 1:7, 5:7, 5:12, 6:4, 17:9, 17:21, 44:3 Kentucky - 1:1, 2:4, 2:6, 3:4, 3:10, 5:6, 21:2, 55:14, 66:14, 106:2, 106:5 Kentucky's - 87:14 kept - 73:10, 101:23 Kevin - 30:13 Kim - 13:3, 13:4, 13:5 kind - 6:7, 7:12, 11:22, 14:7, 34:15, 34:22, 36:9, 43:20, 44:13, 51:20, 60:7, 61:8, 71:23, 79:23, 101:20, 102:19 knowledge - 6:20, 58:5, 81:11 known - 25:16 knows - 18:5, 99:6 Kyccr - 106:4, 106:20
L
lady - 75:25 land - 27:17, 49:16 large - 56:3, 106:21 Large- 2:4, 106:5 last - 7:1, 11:2, 17:17, 18:1, 18:7, 24:12, 28:25, 33:18, 33:23, 59:16, 63:24, 78:14, 80:20, 81:8, 81:13, 91:7, 97:15, 98:7, 98:8, 101:19 late - 19:16, 41:23, 52:12, 80:14, 94:8, 96:1, 96:8 Late- 41:24, 42:3, 96:5 Law- 8:20 law - 31:16, 48:11 lawyer - 80:22 lead - 15:1 leads - 60:13 leasehold - 19:12
J
jim - 28:15 jim-dandy - 28:15 job - 8:11, 8:23, 11:11, 26:16, 42:13,
led - 76:15 ledger - 43:25, 47:5, 52:15 ledgers - 48:10, 54:6, 54:7 left - 11:3, 21:1, 31:17, 62:17, 62:21, 97:15 Legal- 10:21 legal - 10:22 Legg- 8:20 Lender- 19:9 lender - 19:3, 21:8, 30:10 lender's - 21:10 Lerner- 4:20, 31:16, 99:21 Lerner's- 82:16 less - 36:4 Letter- 4:20 letter - 35:8, 35:10, 81:19, 81:20, 82:11, 82:14, 82:15, 82:21, 82:22, 83:13, 83:21, 84:22, 84:24, 92:7, 93:24 letters - 67:23 Lexington- 1:2, 2:6, 3:9, 3:10, 5:6, 32:1 liability - 88:18 life - 21:21, 88:21 likely - 47:12, 66:17, 69:4 limitation - 52:23 limited - 99:11 line - 54:24, 59:16, 62:24, 66:1, 90:6, 90:15, 92:2, 98:8, 99:18 list - 9:21, 65:13 listed - 61:3, 94:8 listing - 96:18 litigated - 8:16 Litigation- 13:21 litigation - 7:19, 8:2, 8:7, 8:10, 9:9, 11:9, 12:7, 12:20, 12:21, 14:8, 15:2, 16:12, 21:14, 36:8, 36:9, 36:11, 47:23, 54:6, 74:8, 74:10 Liv- 32:11, 32:13, 32:14, 32:15, 32:19, 101:4 Llp- 3:8 Loan- 25:6 loan - 20:22, 21:4, 21:16, 21:19, 21:21, 22:12, 22:23, 23:23, 24:21, 25:1, 25:15, 26:7, 27:10, 32:17, 34:25, 35:9, 36:22, 37:11, 37:23, 38:25, 39:1, 39:9, 40:10, 41:3, 44:12, 46:8, 46:17, 46:18, 51:8, 51:9, 51:18, 52:9, 52:14, 61:25, 62:22, 62:23, 63:5, 63:25, 67:6, 67:24, 68:5, 68:6, 68:20, 69:7, 69:8, 69:9, 70:20, 70:21, 70:22, 70:24, 71:10, 71:11, 72:5, 72:23, 74:7, 74:12, 74:15, 74:19, 75:5, 76:19, 76:21, 85:7, 85:16, 85:20, 86:1, 86:10, 87:1, 87:4, 87:6, 87:13, 88:11,
88:21, 88:22, 88:24, 89:4, 89:19, 91:3, 91:11, 91:21, 94:12, 101:23, 102:15, 104:17 loans - 14:22, 35:18, 35:21, 35:24, 35:25, 37:6, 37:7, 70:16, 70:18, 75:9 locate - 14:20 located - 2:5, 101:10 location - 27:24, 101:8, 101:10 log - 26:19, 26:21 longest - 51:11 look - 15:5, 17:17, 19:25, 23:6, 24:24, 29:8, 45:6, 45:7, 56:21, 65:13, 94:3, 96:4 looked - 17:16, 21:25, 23:6, 26:3, 29:22 looking - 25:5, 28:10, 34:11, 58:11, 61:10, 63:5, 64:9, 64:14, 70:11, 71:18, 77:9, 92:3, 94:17, 98:25, 99:18 Looking- 30:19, 44:3, 58:11 Looks- 64:10 looks - 17:22, 24:25, 25:6, 54:24, 57:8, 58:13, 64:6, 64:8, 65:17, 65:21, 66:4, 67:2, 93:2 loss - 100:14 Low- 36:3 Lp- 25:7 Lps- 13:20, 14:19, 16:1, 16:15, 32:22, 37:4, 37:5, 38:18, 38:23, 38:24, 39:13, 39:20, 40:6, 40:7, 40:15, 45:16, 47:8, 52:15, 58:25, 61:2, 85:12, 85:13, 93:5, 93:22, 98:3 Lunch- 97:11
M
ma'am - 17:6, 22:9, 23:8, 29:12, 33:3, 56:20, 59:13, 61:21, 67:10, 69:1, 82:2, 82:9, 95:16 Mac - 41:16, 42:21 Mad - 9:15 Madeas - 9:15 Mae - 23:23, 25:7, 25:18, 25:20, 25:23, 35:12, 71:6, 71:11, 71:17, 75:10 mail - 13:20, 14:2, 37:15, 40:15, 42:22, 101:9, 101:13 Main - 2:5, 3:4, 3:9 maintain - 70:22, 88:24 maintains - 70:21 manage - 22:17 managed - 35:21, 58:5 management 31:9, 43:18, 74:6, 75:22, 75:23 manager - 12:23,
12:25, 13:2 managing - 30:25 manual - 47:21, 50:21, 51:19 manually - 47:7, 47:9, 93:10, 93:21 March - 7:22, 15:14 Mark - 31:16 marked - 19:21, 19:23, 20:11, 20:13, 26:25, 34:21, 46:25, 60:17, 70:9, 81:18, 83:18, 83:20, 97:20, 98:22 Mary - 1:12, 2:1, 4:3, 5:4, 5:23, 6:25, 94:18, 105:4 Maryland - 7:4, 8:21, 11:21, 16:17, 87:12, 89:20 masked - 61:22 Mast - 66:11 master - 27:7, 27:8, 35:16, 36:23, 66:12, 66:14, 66:15, 72:17, 74:24, 75:2, 75:6, 75:16, 75:18, 102:22, 104:16 master's - 10:19, 10:22, 11:1 match - 37:18, 37:21, 37:22, 38:9, 64:9, 66:22 matches - 64:13 mates - 15:22 math - 80:23 matter - 5:7, 20:8, 54:16 Matter - 1:4 matters - 8:16 Mattox - 1:5, 1:7, 5:7, 5:13, 6:4, 17:21, 48:21, 71:20, 77:10, 81:25, 85:20 Mattox's - 17:10, 24:20, 74:7 mean - 9:19, 9:20, 11:23, 14:17, 29:7, 29:8, 34:2, 42:18, 45:11, 50:15, 52:25, 55:5, 63:15, 67:5, 67:22, 78:14, 99:15, 102:23 means - 22:12, 44:6, 67:11, 67:16, 69:12, 86:8 meant - 41:16, 41:17 Meers - 24:10 mentioned - 16:1, 44:14, 88:25 mentor - 15:3 Mer - 25:1 merged - 25:19 merger - 75:14 merges - 94:5 Mers - 21:5, 21:8, 21:12, 23:25, 24:10, 26:16, 29:3, 29:13, 29:18, 30:4 Mers' - 24:2 met - 51:5, 53:11, 76:15, 103:13 method - 85:6 Michelle - 5:1, 25:2 microfiche - 53:23 microphone - 80:25 middle - 30:19, 89:1 Middletown - 10:8 might - 8:7, 102:13
Milestone - 24:10, 24:12, 24:17, 26:16 Milestones - 4:12, 70:25 Mill - 76:5 Miller - 13:3, 13:4 Miller's - 13:6 Min - 21:2, 21:4, 21:15, 24:4, 24:7 minute - 59:25, 79:13, 79:14, 103:23 minutes - 96:5 missed - 76:12, 76:15, 80:10 missing - 64:8, 64:10, 64:15 mit - 100:14 mock - 103:16, 103:19 mod - 68:20, 69:7, 69:8, 69:9 modification 46:19, 67:7, 67:25, 68:7 modifications 74:14 module - 39:5, 39:21, 40:6, 69:23 moment - 33:2 money - 37:24, 49:10, 57:20 monies - 48:22, 49:1, 78:9, 82:20 Monitoring - 16:7 month - 39:15, 41:24, 41:25, 86:12, 91:15, 91:25 Monthly - 19:6 monthly - 19:9, 19:10, 76:13 Morgan - 75:20 morning - 17:19 Mortgage - 4:10, 4:21, 8:3, 8:4, 8:5, 8:18, 9:2, 9:3, 14:11, 16:21, 21:7, 41:12, 48:5 mortgage - 17:4, 17:10, 17:21, 18:2, 18:13, 18:14, 18:16, 19:8, 19:10, 19:18, 21:4, 21:5, 22:15, 28:18, 28:20, 28:24, 30:5, 31:13, 76:13, 86:22, 90:15, 90:20, 91:2, 91:14, 91:16, 91:17, 91:18, 102:7 mortgagee - 21:10 mortgagor - 45:12, 45:18, 45:21, 45:23, 67:16, 69:5, 85:4, 86:6, 86:20, 87:11, 89:15, 90:14 most - 9:16, 13:12, 13:15, 15:8, 58:4, 63:18, 93:16 mostly - 9:6 mother - 76:6 Motion - 4:18, 77:1 motion - 41:3, 41:6, 41:7, 41:16, 41:17, 76:16, 76:18, 76:20, 76:25, 77:4 moved - 38:21 moving - 34:22 must - 40:12
N
name - 5:1, 6:3,
6:24, 7:1, 16:3, 26:10, 30:7, 30:9, 30:10, 30:14, 42:23, 54:10, 54:12, 62:16, 66:23, 76:2, 100:15, 101:23 name's - 103:4 named - 26:10, 29:24, 31:25, 36:13, 106:7 names - 7:5, 9:12, 16:8 Natasha - 35:1, 35:2 nbank - 20:16, 20:18, 21:9, 29:13, 29:17, 29:24 nbank's - 29:18 necessary - 30:2, 38:9, 53:22, 53:23, 74:19, 104:20 need - 21:22, 53:10, 70:25, 72:11, 94:23 Need - 85:24 needed - 11:18, 48:22 network - 39:3 Never - 30:14, 101:19 never - 40:19, 48:4, 50:13, 57:25, 101:17, 103:19 New - 16:7, 27:10, 27:12, 27:23, 75:20, 75:21 new - 25:6, 34:8, 48:11 newest - 64:18 next - 30:5, 39:15, 90:15, 97:19, 99:2 night - 33:18, 33:23 nominee - 21:8, 29:14, 29:19, 30:5 nondefault - 36:25, 51:8, 51:17, 51:18 nondefaulted 37:6, 89:4 Nondefaulted - 37:7 nonjudicial - 55:11 nonrecoverable 87:13, 89:14 nonrecoverables 58:23 normal - 56:23 normally - 47:17, 54:14 Normally - 47:19 Notary - 2:3, 106:4, 106:21 notations - 63:4 Note - 4:11, 19:14, 19:15, 19:16, 19:25 note - 20:8, 20:14, 21:4, 22:14, 22:21, 23:2, 23:3, 23:20, 27:1, 27:2, 27:25, 28:9, 28:12, 28:22, 35:1, 42:4, 98:3, 98:7, 99:13, 99:14, 99:20 notes - 23:6, 67:5, 88:3, 98:4, 99:10, 100:6, 100:7, 100:13, 100:14, 100:19, 100:20 nothing - 5:20 Notice - 2:1, 4:13 notice - 2:8, 5:5, 33:12, 67:8, 82:10, 82:18, 95:15, 100:15, 104:14 Nots - 99:9 November - 86:15,
106:16, 106:21 number - 16:20, 21:2, 21:3, 21:4, 21:12, 21:15, 22:4, 22:6, 22:7, 22:8, 22:10, 22:11, 22:14, 24:4, 24:7, 32:17, 35:23, 37:23, 52:10, 60:18, 61:25, 62:18, 62:19, 62:20, 62:22, 76:23, 84:15, 92:11, 102:3, 102:9, 102:12, 102:14 Number - 81:6, 97:19 number's - 102:17 numbers - 32:17, 61:11, 81:2 Numeral - 94:9, 96:16 numerous - 47:25
O
o'clock - 33:18 oath - 106:7 Object - 39:6 object - 28:2, 31:11 Objection - 82:24 obligation - 75:4 Observe - 103:6 observe - 103:8, 103:15 obtain - 86:3, 88:10 obtained - 10:15, 10:18, 86:2, 88:9 obviously - 18:2 occupation - 7:18 occupied - 72:3 occur - 21:20, 87:1 October - 1:13, 2:6, 5:8, 17:3, 24:13, 30:16, 30:18, 86:13, 86:14 office - 8:22, 9:6, 11:19, 79:10, 84:4 offices - 2:4, 11:25 often - 47:22 old - 25:7 older - 13:15 oldest - 24:22 onboard - 14:10 once - 55:23, 67:25, 78:10 One - 12:12, 36:1, 59:19, 83:4, 94:15, 95:5 one - 9:13, 14:5, 15:1, 15:8, 15:21, 34:4, 34:6, 40:14, 42:15, 48:2, 48:6, 52:19, 61:11, 63:16, 66:8, 67:6, 70:19, 71:6, 71:13, 74:12, 78:14, 79:4, 80:19, 86:25, 89:4, 90:24, 94:16, 95:15, 96:3, 99:6, 99:19, 99:24, 103:13 one's - 73:20 one-on-one - 15:1, 15:8, 103:13 ones - 43:6, 66:8, 69:2 online - 15:10, 15:13, 15:17 open - 37:16, 37:18 operation - 15:16, 93:10 opinion - 43:5,
43:21 opinions - 42:10, 42:14 opportunity - 9:4, 17:15, 20:4, 29:20, 104:15 opposed - 85:21 option - 89:13 Option - 25:5 order - 14:8, 15:6, 15:11, 18:1, 18:7, 18:10, 20:19, 29:5, 39:13, 39:24, 51:13, 53:20, 55:16, 77:5, 77:7, 77:11, 79:1, 79:3, 79:24, 79:25, 80:7, 80:11, 83:4, 84:23 Order - 4:18 ordered - 29:14 orders - 37:25, 89:24 original - 18:2, 30:10 Original - 4:24 origination - 91:15 otherwise - 106:11 outcome - 106:11 Outlook - 14:3, 14:6 outside - 11:15, 44:24 overnight - 50:17 owed - 82:22, 87:3 owing - 11:17 own - 54:7, 70:19, 74:12, 103:10 owned - 35:9, 35:12, 70:19, 71:10, 74:16 owner - 26:8, 26:10, 36:22 owns - 23:20, 70:16
P
P309 - 52:17, 52:19, 52:24, 53:1, 53:15, 53:17 package - 27:13 packages - 94:15 Page - 4:9, 4:10, 18:19, 31:14, 31:15, 54:21, 54:22, 56:3, 57:2, 59:5, 60:14, 64:9, 64:17, 65:21, 66:1, 66:7, 67:17, 98:3, 98:8, 98:14, 98:21 page - 18:1, 18:7, 20:14, 20:25, 24:23, 28:25, 49:9, 59:17, 61:11, 63:14, 63:15, 63:21, 64:12, 64:18, 67:1, 69:14, 69:15, 78:14, 80:8, 90:23, 91:7, 98:7, 98:13, 98:21, 99:2 pages - 62:18, 63:16, 64:16, 94:16, 99:4 Pages - 4:2, 64:7, 64:9 paid - 19:8, 45:4, 45:8, 45:11, 45:12, 45:20, 55:20, 67:11, 69:10, 78:17, 78:20, 80:17, 81:25, 85:20, 86:14 paper - 13:13, 13:16, 23:14, 80:4
Paragraph - 18:21, 19:5, 19:7, 92:7 paragraph - 18:24, 19:1 Paragraphs - 19:4 paragraphs - 19:3 paralegal - 10:15, 14:12 parameters - 42:8, 53:10 Paris - 3:4 part - 12:7, 15:8, 18:2, 19:18, 21:15, 26:16, 29:17, 29:18, 38:3, 42:5, 58:25, 68:14, 69:22, 73:3, 91:10, 91:12, 93:16, 95:1, 98:3 partial - 86:19 particular - 27:10, 36:6, 44:12, 50:18, 67:6, 68:5, 76:21 parties - 106:11, 106:13 party - 36:14, 54:15, 67:11, 67:13, 89:15, 90:14, 106:13 pastes - 93:25, 94:6 Pasval - 42:24, 42:25 pause - 79:12 pay - 55:14, 55:16, 69:9, 80:13, 89:15, 91:18, 91:24, 91:25 Pay - 20:19 payee - 62:1, 67:8, 89:1 paying - 85:16, 86:23 Payment - 19:6 payment - 8:12, 37:9, 37:14, 37:15, 38:13, 38:21, 39:12, 39:16, 40:7, 40:11, 41:25, 43:17, 44:3, 47:5, 47:24, 49:12, 49:17, 50:17, 51:7, 51:13, 52:4, 57:6, 57:12, 57:14, 57:20, 58:2, 58:14, 58:17, 69:9, 74:13, 76:9, 77:5, 77:13, 77:16, 77:19, 77:21, 77:23, 77:25, 78:10, 78:11, 78:13, 80:16, 80:21, 81:8, 82:1, 82:2, 82:6, 82:12, 83:12, 83:14 Payments - 18:22, 19:2 payments - 19:2, 19:12, 36:25, 37:1, 37:2, 37:7, 38:8, 38:18, 38:20, 39:13, 39:14, 39:17, 39:18, 40:22, 41:2, 52:11, 52:12, 74:19, 74:21, 76:13, 76:15, 77:6, 77:8, 77:10, 78:5, 78:20, 80:10, 80:14, 81:12, 86:20, 88:4 payoff - 83:21, 84:22, 85:2, 85:7, 85:20, 86:15, 86:17, 86:18, 86:19, 86:21, 86:22, 88:7, 88:13, 90:3, 92:1, 92:7, 96:20, 97:16 pays - 43:9, 55:3, 55:5, 55:15 pen - 80:4
Pennsylvania - 7:8 people - 12:3, 12:19, 36:2, 43:15 Percent - 16:7 percent - 23:9, 51:9, 63:12, 86:7, 86:8, 96:6 Perfect - 10:1, 101:22 performing - 42:13 Perhaps - 82:15 period - 74:23, 76:12, 95:13 periods - 63:24 permitted - 2:9 person - 15:18, 40:1, 66:24, 75:22, 75:24 person's - 66:23 personal - 6:20 personally - 22:19, 31:2 persons - 38:8 petition - 38:20, 38:21, 39:14, 39:15, 40:11, 40:12, 41:2, 48:23, 49:2, 57:12, 58:2, 80:14, 82:12, 83:14, 85:18, 92:22, 94:13 ph - 16:8 photographs 100:21 physical - 11:19 physically - 27:1 piece - 23:14, 94:23 pieces - 94:21 pin - 11:25 Pinto - 13:1 Pinto's - 13:2 place - 38:7 placed - 25:1, 106:7 places - 70:12 Plaintiff - 1:7, 2:2, 3:6, 4:10, 4:11, 4:12, 4:13, 4:14, 4:15, 4:16, 4:17, 4:18, 4:20, 4:21, 60:10 plaintiff - 36:19 plaintiff's - 33:11 Plaintiff's - 19:22, 19:23, 20:12, 20:13, 26:25, 28:17, 28:24, 34:20, 34:21, 46:24, 46:25, 60:17, 70:2, 70:9, 71:18, 81:18, 83:19, 83:20, 90:7, 92:3, 97:19, 97:20 Plaintiffs' - 4:13 play - 68:17 plus - 12:22 Pm - 97:11, 97:13, 104:10, 105:3, 105:5 point - 11:12, 30:2, 39:10, 53:13, 60:19, 71:6, 75:4, 87:7, 94:14, 95:21, 101:1, 102:16 pointless - 34:18 policy - 50:11, 55:19, 55:20, 55:22, 55:24, 87:18 pool - 25:19, 71:12, 75:10, 75:11, 101:23, 102:3, 102:17 pooling - 102:4 portion - 86:5, 86:23 position - 7:21, 7:24, 8:9, 8:13, 9:1,
9:4, 9:9, 82:17 possible - 73:23, 74:14, 94:13 post - 38:20, 38:21, 39:14, 39:15, 40:11, 40:12, 41:2, 48:23, 49:2, 58:2, 80:14, 82:12, 83:14, 85:18, 87:18, 87:20, 87:24, 94:13 Post - 57:12 post-audit - 87:18, 87:20 post-bankruptcy 87:24 Post-petition 57:12 post-petition 38:20, 38:21, 39:14, 39:15, 40:11, 40:12, 41:2, 48:23, 49:2, 58:2, 80:14, 82:12, 83:14, 85:18, 94:13 pound - 67:20 practice - 28:8, 29:25, 30:1, 30:2 practicum - 11:3 pre - 58:2, 92:22 pre-petition - 58:2, 92:22 prefer - 13:16 premium - 19:8, 19:11 premiums - 19:13 preparation 103:17 prepare - 54:7, 54:9, 84:24 prepared - 29:10, 31:15, 31:20, 47:15, 47:16, 54:15, 54:16, 83:23, 84:6 preparing - 23:5, 92:23, 93:2 Present - 3:13, 102:25 presented - 17:9 presently - 35:21, 52:10 preservation 46:17, 101:6, 101:12 president - 28:13 presume - 50:12 pretty - 44:4, 71:8, 81:1, 86:9 Pretty - 96:9 prevents - 51:20 previous - 98:21 previously - 6:4, 65:14 Previously - 23:25 price - 42:10, 42:11, 42:14, 42:16, 43:5, 43:21 Prieshoff - 30:13 primarily - 36:12 principal - 19:15, 52:12 print - 63:14 printed - 98:23 printing - 98:20 problem - 7:15, 9:23, 33:21, 34:16 problems - 15:15, 15:19 Procedure - 2:10 procedure - 50:11 procedures - 14:13, 15:2, 37:21, 38:7, 40:4, 58:8
proceeding - 6:5 proceedings - 8:17, 106:9 process - 27:12, 38:3, 40:20, 40:24, 41:5, 41:9, 84:23, 87:24, 92:25 produced - 43:25 profession - 8:22 program - 32:9, 32:19, 45:7, 98:4 programming 42:5, 42:8 programs - 13:18, 14:5, 16:20, 32:20 proper - 26:2 property - 37:23, 43:22, 44:21, 46:4, 46:12, 46:17, 65:2, 65:12, 66:15, 71:19, 71:20, 71:25, 87:12, 95:13, 95:17, 100:22, 101:5, 101:11 Property - 42:6, 44:14 prorated - 90:15 protection - 8:21 provide - 11:15, 38:9, 73:1, 74:7, 93:14, 95:25, 102:3 provided - 15:3, 24:18, 44:18, 55:21, 55:22, 56:8, 61:5, 64:6, 65:14, 72:1, 72:17, 77:5, 86:20 providers - 100:8 provides - 68:20, 85:15 providing - 11:17 Psc - 3:3 Public - 2:3, 106:4, 106:21 pull - 13:16, 37:18, 94:3 pulled - 78:10, 98:2 pulls - 37:10 purge - 53:6, 53:13 purged - 53:2, 53:25, 63:25, 64:2, 99:7 purpose - 53:8, 63:6, 72:2 purposes - 2:8, 2:9 Pursuant - 2:1 pursuant - 2:7, 5:4, 21:5, 42:3, 104:14 put - 14:1, 25:19, 32:17, 40:7, 43:13, 51:24, 61:12, 70:2, 78:9, 93:21 putting - 80:4
Q
qualified - 84:6 quality - 54:18 questions - 6:8, 6:19, 15:15, 101:14, 103:22, 104:13, 106:6 quick - 33:17, 43:23, 63:4, 104:7 quickly - 96:10 quite - 14:13
R
raise - 5:17 Ramey- 5:1 rate - 55:16 reaches - 51:1
read - 19:1, 21:5, 22:7, 24:21, 26:1, 98:6 reading - 25:7, 99:18 ready - 54:16 real - 33:17, 104:7 realized - 33:11 really - 15:19, 33:22 reason - 21:15, 36:6, 49:8, 62:2, 78:16, 78:18, 82:17 reasons - 47:25, 83:4 recalling - 17:1, 23:15, 43:3, 54:11, 71:5 receive - 8:12, 15:4, 38:8, 47:20 received - 8:15, 14:15, 23:2, 40:11, 48:23, 61:24, 62:3, 67:6, 69:4, 78:10, 81:12, 81:14, 82:6, 82:7, 82:20, 94:15 receives - 86:6 receiving - 11:13 recent - 9:16 recess - 79:13, 79:14, 97:11 reclass - 89:13, 89:14 recognize - 47:1, 60:11 recollection - 23:19 record - 17:25, 33:1, 33:4, 33:6, 33:7, 33:16, 33:25, 34:19, 59:24, 60:1, 60:3, 60:4, 74:2, 78:3, 79:17, 79:19, 79:20, 92:13, 92:15, 92:17, 92:18, 97:9, 97:12, 103:3, 104:8, 104:10, 104:11, 104:21 recorded - 31:24 recording - 96:20, 97:4 recoverable 67:16, 68:12, 68:15, 87:11, 87:16, 87:17, 87:19, 88:5, 88:6, 89:12, 89:14, 89:15, 89:24, 90:4, 90:13, 93:8 recoverables 58:23, 69:10 redirected - 36:7 reduced - 106:7 refer - 70:25 referencing - 62:20 referred - 61:13, 77:3, 82:15 referring - 41:6 reflect - 19:5, 20:7, 22:25, 46:12, 49:1, 56:9, 65:7, 81:7, 86:18, 88:13, 90:12, 90:13, 94:11, 94:13 reflected - 46:19, 58:19, 59:15, 78:6, 90:23, 95:19 reflecting - 95:23 reflective - 96:1 reflects - 41:1, 82:4 regard - 6:4, 24:20, 87:8, 98:7 regarding - 84:5 regardless - 39:12, 87:11
Registration- 16:22, 21:7 regular - 39:20 regularly - 13:18 regulation - 87:15 reimbursed - 46:18 reinstatement 68:6 reinstating - 69:7 related - 13:23, 32:16, 56:14, 106:10 Release- 97:6, 97:7 release - 87:1 Relief- 4:18 relief - 41:7, 41:10, 41:16, 41:17, 76:16, 76:18, 76:20, 76:25, 77:1, 79:25 relieve - 88:18 remains - 81:21 remember - 88:25 removed - 87:14 rendered - 85:23 rents - 19:12 rep - 82:17 repeat - 6:18 repeated - 70:12 report - 24:10, 24:12, 24:17, 26:3, 26:6, 26:7, 71:23, 71:25 reporter - 5:2 Reporter- 5:17, 24:16, 46:23, 58:20, 60:20, 60:22, 81:6 Reporter's- 4:6, 106:1 represent - 5:11, 6:4, 22:11, 62:19, 63:1, 92:11, 99:16 representation 52:14 representative 40:10, 58:7, 99:23 Representative3:14 reps - 54:6 repurchased - 71:6 request - 34:24, 41:10, 42:14, 42:15, 42:19, 42:23, 47:23, 47:24, 53:2, 53:23, 58:1, 65:25, 73:13, 85:6, 93:23, 101:5 requested - 27:2, 27:6, 41:4, 42:12, 47:16, 47:22, 48:1, 52:18, 75:25, 85:2, 106:13 requests - 47:17, 47:19 require - 38:4, 39:23 required - 19:13, 91:14, 91:15, 91:24 requirement - 91:10 requirements 55:10, 68:14, 76:16, 91:11 research - 8:7, 8:10, 11:16, 13:23, 15:6, 38:9 researched - 8:14, 25:15 researching - 74:13 reside - 7:3 resolve - 77:4 respect - 85:15, 87:15, 91:19 responds - 84:10
Response- 4:15, 60:10 response - 35:1, 35:8, 35:11, 84:5, 99:23, 106:6 responses - 23:3, 70:11 responsibility 11:13, 74:22 responsible 67:13, 89:16 rest - 19:4 result - 90:7 results - 11:16, 13:23 Retrieval- 13:23 returned - 31:25 review - 17:15, 20:4, 29:21, 33:12, 37:10, 72:22, 72:24, 80:1, 100:22, 100:24, 104:16, 104:19 reviewed - 18:24, 25:15, 43:15, 72:21, 72:25, 73:7, 88:4 reviewing - 11:14, 73:5, 74:13 reviews - 17:22 Rhz- 68:17 Richard- 31:15 rides - 39:1 Rights- 25:5 rights - 28:9 Ritchhart- 83:24, 83:25, 84:23 Rivers- 76:3 road - 6:7 role - 35:14, 75:16 room - 102:25, 104:1 Rothfuss- 4:20, 31:16 Rpr- 2:3, 106:4, 106:20 rules - 6:7, 57:16, 57:18 Rules- 2:9, 2:10 run - 14:2, 14:5, 24:12, 45:1, 63:15, 63:18, 93:16 running - 13:18 runs - 52:13
S
said/she - 27:17 sake - 95:11 sale - 43:23, 46:13, 99:24 Sampson - 4:20, 31:16, 99:21 sat - 57:13 satisfaction - 87:2 saw - 33:13, 33:17, 33:23, 35:10 scanned - 32:6 scanner - 31:6 scheme - 12:10 school - 10:5, 10:12, 10:14 School - 10:8 screen - 15:20, 38:19, 39:13, 52:17, 58:19, 61:5, 63:19, 63:24, 93:13, 96:3, 98:4 screens - 47:7, 61:15, 61:17, 69:25, 90:10 screwing - 54:13
seal - 20:18, 106:16 search - 55:25 Sec - 102:5 secluded - 12:1 Second - 19:11 second - 19:24, 20:14, 23:2, 54:15, 62:24, 64:7, 92:13, 94:23, 95:15 Secretary - 19:9, 19:10 securitization 35:12 securitized - 25:19, 71:11 Security - 21:6 security - 23:23, 25:23, 72:1 see - 29:23, 45:7, 55:1, 70:13, 73:12, 94:3, 96:9, 100:5, 103:9, 104:1 seeing - 23:4, 46:16, 55:24, 56:13, 79:1 seem - 66:17 selected - 95:17 self - 44:5 self-explanatory 44:5 sell - 66:14, 70:22, 70:24 seller's - 72:17 sells - 70:20 send - 13:25, 42:22, 57:23 sending - 27:12, 48:23, 99:21 sends - 37:14 sense - 100:20 sent - 34:4, 40:9, 49:2, 81:19, 99:19 sentence - 98:9, 99:5, 99:9 separate - 23:14, 38:19, 39:5, 39:23, 73:10 September - 10:12, 79:7 Ser1 - 52:23, 53:15 series - 54:23, 61:2, 64:7, 64:8, 68:16, 100:6 serve - 48:20 serves - 26:10 service - 53:2, 66:6 servicer - 27:8, 34:25, 35:16, 36:22, 36:23, 74:11, 74:22, 74:24, 75:2, 75:6, 75:9, 75:14, 75:16, 91:16, 102:22, 102:23 servicer's - 74:21 servicers - 75:11 services - 35:19, 44:18, 56:7, 70:16 Servicing - 25:6 servicing - 24:7, 36:18, 42:5, 70:22, 72:18, 74:6, 76:8, 91:12, 102:4 serving - 36:18 set - 6:6, 14:23, 30:17, 41:21, 61:11 set-aside - 14:23 sets - 61:10 seven - 56:12 several - 23:6, 69:14 Several - 6:13, 6:14
shall - 19:3, 43:13 share - 12:19 sheet - 90:20, 98:11 sheets - 90:19, 98:12 sheriff - 65:22, 66:4 Shhh - 10:10 ship - 76:6 Shohl - 2:5, 3:8 shoot - 54:11 short - 82:3 shortages - 49:15 shots - 52:18 Show - 81:16 show - 32:2, 43:24, 100:19 showed - 15:4 showing - 80:16 signature - 60:14, 106:15 signatures - 73:10, 73:13, 73:14, 73:16, 73:24 signed - 20:19, 60:12, 73:7, 106:13 signifies - 21:3 signs - 67:20 sirens - 17:12 sit - 57:19 site - 16:16, 35:6, 76:8, 84:13 sites - 35:7 situation - 69:21 Six - 60:19 Sixty - 41:16 small - 97:5 smaller - 91:5 snafu - 33:19 software - 16:19, 32:9, 39:4, 42:2, 61:2, 62:9, 62:11, 69:23, 93:6, 93:11 sold - 22:23, 25:15, 71:6, 71:7 solely - 21:8 solemnly - 5:18 someone - 69:18, 69:19, 86:11, 86:17, 101:5 Sometimes - 30:9, 64:4 sometimes - 47:24 somewhere - 79:9, 84:12 sorry - 9:3, 28:21, 54:11, 54:22, 61:21, 80:3, 80:13, 81:1, 81:24, 85:14 Sorry - 17:8, 28:4, 54:13, 70:10, 81:17, 94:10 sort - 10:6, 11:25, 12:1, 15:3, 15:11, 22:18, 49:15, 98:4, 103:17 sounds - 44:17 South - 76:6 space - 11:24 span - 48:8, 48:12 Speaking - 41:11 special - 19:11 specialist - 7:19, 8:2, 8:6, 8:7, 8:10, 9:1, 9:5, 9:9, 11:9, 12:20, 14:8, 21:14, 74:8, 74:10 specialists - 12:21 specific - 14:14, 27:24, 32:17, 41:14, 50:1, 63:7, 65:8,
89:18 specifically - 17:1, 21:20, 47:10, 56:21, 65:11, 74:9 speculation - 28:2, 31:11, 82:25 speed - 15:12 spell - 7:1 spew - 80:3 spilled - 72:10 Spires - 3:8, 5:14, 9:19, 9:23, 9:25, 17:7, 17:25, 18:5, 18:10, 18:15, 20:2, 28:2, 28:4, 28:20, 28:22, 31:11, 33:16, 33:21, 34:2, 34:6, 34:10, 34:14, 34:17, 39:6, 39:8, 59:8, 59:10, 60:18, 60:21, 60:23, 70:4, 70:6, 70:8, 71:2, 71:4, 74:4, 79:4, 79:7, 79:9, 79:13, 79:16, 79:23, 82:24, 83:2, 94:17, 94:20, 94:22, 94:24, 95:4, 95:6, 95:8, 97:24, 98:1, 103:23, 104:1, 104:4, 104:7, 104:13, 104:23, 104:24, 104:25 split - 56:23 spreadsheet 13:24, 52:9, 61:4, 66:9 spreadsheets 54:14 squared - 28:16 stand - 58:22, 70:15, 71:15 standard - 55:2, 55:4, 55:13, 73:15, 92:25 stands - 32:11, 65:7 start - 11:2 started - 6:6, 8:5, 10:2, 10:4 starting - 54:21 Starting - 54:22, 64:17 starts - 18:21 state - 6:24, 33:16, 55:7, 55:11, 87:11, 87:15, 89:18 State - 2:4, 21:1, 106:2, 106:21 State-at-large 106:21 Statement - 4:14 statement - 4:21, 30:17, 88:7, 90:3, 92:1, 97:16 states - 20:18, 30:17, 55:5, 89:23 States - 1:1, 5:5 status - 39:2, 39:12, 63:5 stay - 18:11, 41:7, 41:10, 51:12, 76:17, 76:20, 76:25, 79:25 Stay - 4:19 stayed - 9:6 stays - 87:16 still - 27:6, 28:4, 28:5, 31:12, 39:8, 41:19, 71:20, 72:2, 72:3, 82:25, 88:10 Still - 10:7 stip - 39:16, 77:5 stipulated - 78:20,
81:14, 82:2 stipulation - 77:7, 81:15 store - 32:15 stored - 27:1 straight - 62:4 Street - 2:5, 3:4, 3:9 strike - 23:1, 30:22 stub - 37:19 studies - 10:21, 10:23 stuff - 16:19, 93:17 style - 23:13 subject - 19:18, 20:8, 51:16 submit - 42:21, 43:10, 43:14 submitted - 41:17, 45:4 subprograms - 16:4 subsequent - 49:18 successfully - 86:3 successor - 21:10, 75:14 sufficient - 49:12, 50:17, 51:7, 52:3, 57:22, 78:11 Suite - 2:5, 3:9 supervise - 13:8 supervision 102:20, 106:8 supervisor - 13:6 supplement - 9:17, 9:19, 9:20 support - 15:18 suspense - 48:17, 48:19, 49:1, 49:3, 49:5, 49:6, 49:7, 49:14, 49:16, 49:19, 50:1, 50:3, 50:7, 50:9, 50:14, 50:15, 50:16, 50:19, 50:22, 50:25, 51:12, 51:15, 52:7, 57:4, 57:7, 57:17, 78:6, 78:9, 78:11 swear - 5:16, 5:18 sweeping - 51:20 swept - 50:15, 51:4, 51:6, 51:16, 51:22, 52:3 sworn - 5:24 system - 13:20, 14:15, 14:16, 14:17, 15:5, 15:16, 15:19, 15:25, 25:1, 26:16, 28:11, 29:8, 32:20, 32:23, 36:25, 37:2, 37:10, 38:14, 38:17, 38:24, 39:20, 40:6, 40:13, 41:21, 42:9, 43:18, 45:2, 45:5, 47:11, 47:20, 47:21, 52:15, 53:8, 58:25, 61:2, 61:24, 62:2, 62:3, 85:6, 85:8, 94:3, 95:22, 102:15 System - 13:23 Systems - 21:7 systems - 15:6, 15:12, 32:2, 53:6
T
task - 64:5 tasked - 11:12 Taxes- 19:6 taxes - 19:11 team - 12:4, 12:5, 12:8, 12:12, 12:22, 15:1, 16:18, 31:3,
83:25, 84:18 teams - 12:10, 12:17, 12:22, 36:5 tech - 16:18 technician - 5:2, 40:15, 89:10 telephonic - 103:15 ten - 48:12, 82:19, 101:19 ten-day - 82:19 ten-year - 48:12 tendered - 31:23, 82:13, 82:14 tendered/rendered - 44:12 term - 87:25 testified - 5:25 testimony - 5:19, 7:9, 11:18, 23:5, 100:23 theft - 101:20 themselves - 5:10 thereafter - 106:7 therefore - 28:8 thinking - 8:6, 9:15, 99:20 third - 25:5, 54:24, 67:11, 67:13, 89:15, 90:14 Third- 19:14 thirty - 36:1 thirty-three - 36:1 Thomas- 31:25 thousand - 59:19, 67:2 three - 14:11, 36:1, 68:5, 80:14, 81:13, 100:15, 101:15 throughout - 91:3 title - 12:20, 24:7, 55:19, 55:20, 55:25, 84:8 Title- 55:22, 55:24 titled - 12:21, 19:25, 44:8, 48:17, 60:9, 79:24 today - 5:3, 6:19, 7:9, 7:16, 27:4, 43:3, 61:9, 100:23, 102:25, 104:18 today's - 5:2, 23:5, 34:9, 104:19 together - 61:13, 93:21 took - 17:17, 61:14 tool - 21:17 Top- 62:21 top - 21:1, 22:3, 25:5, 30:20, 62:17 total - 78:19 touch - 38:5 toward - 30:20 track - 21:16, 22:18, 26:17, 30:21, 38:20, 39:14, 39:24, 62:9, 87:3 tracked - 37:1, 37:2, 37:9, 38:14, 38:16, 88:20, 88:21 Tracker- 13:21 tracking - 39:5, 62:9, 102:11 tracks - 37:6, 44:2 trained - 14:16, 38:8 training - 14:7, 14:14, 14:24, 14:25, 15:10, 15:13, 103:7, 103:8 Transaction- 64:21 transaction - 25:4,
29:17, 47:20, 64:23, 65:13, 67:1, 67:17, 68:17, 77:9 transactions - 24:6, 26:19, 52:10, 58:12, 67:19, 68:16, 69:15 transcript - 106:8 Transcript- 4:24 transcription 106:8 Transfer- 25:5 transfer - 42:4, 96:22, 96:24 transferred - 40:14 transferring 20:21, 20:22 transfers - 21:20, 24:6, 26:18 treat - 74:12 trial - 11:18 trigger - 50:18, 51:19, 51:21, 76:19 triggers - 51:24 triple - 62:21 Trn- 64:21, 65:2 trouble - 44:6 true - 106:6, 106:8 trust - 26:8, 26:9, 75:3 Trustee- 50:7 trustee - 26:8, 26:10, 35:15, 35:17, 36:18, 36:22, 48:24, 49:25, 50:3, 50:8, 50:14, 50:15, 50:19, 50:22, 52:7, 57:16, 86:19, 86:23 trustee's - 57:22, 88:4 truth - 5:19, 5:20 try - 28:16 trying - 65:11, 71:14, 102:4 Trying- 28:15 Tuller- 9:15 turn - 18:18 two - 9:13, 9:16, 12:8, 12:10, 12:17, 12:22, 20:24, 36:5, 39:23, 44:7, 58:1, 61:10, 83:4, 94:15, 94:21 type - 95:22, 101:2, 102:11
39:5, 39:9, 41:21, 46:22, 54:13, 56:23, 57:20, 60:8, 80:9, 80:25, 81:5, 85:21, 93:17, 93:19, 94:3, 95:8, 102:20, 103:11 Up - 59:7 user - 64:25, 66:22, 67:2, 67:19, 67:22, 67:24, 68:17, 69:16 username - 67:23 uses - 94:5 Usr - 64:25
V
Vacating - 4:18 vacating - 79:25 validity - 11:15 value - 42:17, 51:1 valued - 43:22 various - 43:6, 100:8 Vasquez - 2:3, 5:3, 106:4, 106:20 vendor - 45:3 vendors - 44:24 verified - 54:19 verifying - 11:17 version - 52:19, 52:21, 52:22, 73:7 versus - 55:11, 85:18 via - 13:25 vice - 28:13 Video - 1:11 video - 2:1, 2:7, 5:2, 105:4 Videographer - 5:1, 5:16, 33:1, 33:4, 33:7, 60:1, 60:4, 79:17, 79:20, 92:15, 92:18, 97:9, 97:12, 104:8, 104:11, 105:2 Vs - 1:8 vs - 5:7
75:4, 75:8, 76:8, 76:13, 76:16, 81:19, 82:6, 82:13, 84:12, 86:2, 87:21, 92:24, 95:21, 97:17, 100:9, 101:8, 103:1, 103:16 Wellsfargo.com 101:12 West - 2:5, 3:9 Whereof - 106:15 whereof - 30:17 whole - 5:20, 7:24, 52:13, 63:16 wide - 28:7, 28:8 window - 12:2 wire - 96:24 wires - 38:2 witness - 5:16, 5:24, 30:17, 106:6, 106:7, 106:14 Witness - 4:3, 5:21, 17:22, 18:9, 18:13, 34:4, 34:11, 39:7, 58:21, 59:9, 70:5, 70:7, 70:10, 71:3, 72:8, 72:10, 72:12, 72:14, 83:1, 92:14, 94:19, 94:21, 94:23, 95:3, 95:5, 95:10, 104:3, 104:5, 106:15 wizbang - 79:2 word - 21:1 wording - 21:6 works - 31:3, 35:5, 35:6, 54:5, 62:14, 84:3, 84:13 workstation - 41:1, 45:7 worse - 72:15 writing - 106:13 written - 84:6
Y
year - 15:1, 34:23, 48:8, 48:12, 95:14 years - 14:11, 53:14, 58:1, 66:24, 101:19 yesterday - 27:18 York - 27:10, 27:12, 27:23, 75:20, 75:21 young - 75:25
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W2 - 101:25, 102:1 wait - 43:23 walled - 11:24 walled-off - 11:24 warranties - 72:18 ways - 30:12 website - 24:2, 42:21 Wells - 1:9, 3:14, 4:13, 4:19, 4:21, 5:7, 5:14, 7:19, 7:22, 8:12, 9:9, 11:8, 11:19, 14:9, 14:10, 14:16, 15:2, 20:15, 20:16, 20:19, 20:22, 22:21, 22:23, 23:2, 23:4, 23:17, 27:5, 27:19, 27:25, 28:13, 29:3, 29:11, 29:19, 30:21, 30:22, 30:23, 34:24, 35:4, 35:19, 36:13, 36:18, 36:19, 38:7, 40:5, 40:9, 40:20, 40:24, 43:4, 43:9, 44:2, 44:19, 44:21, 45:11, 45:13, 48:4, 50:12, 54:3, 54:8, 55:2, 55:4, 55:14, 55:15, 55:21, 57:24, 58:6, 66:25, 70:16, 70:18, 70:20, 70:24, 74:16, 74:18,
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uh's - 6:9 uh-huh's - 6:9 uh-uh's - 6:9 ultimately - 74:15 under - 2:9, 7:12, 12:21, 19:3, 19:14, 19:16, 67:8, 67:23, 91:12, 106:7, 106:8 Underneath - 96:16 underneath - 21:1, 94:9, 100:15 unfamiliar - 14:15 Uniform - 19:5 unit - 84:1 United - 1:1, 5:5 University - 11:7 unless - 88:15 unlike - 50:16 unpaid - 94:8, 94:12, 96:18 untitled - 62:17 up - 15:12, 25:4, 32:2, 32:18, 37:10,
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zero - 86:9

2010-10-27 Brust

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2010-10-27 Brust

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IN THE UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION CHAPTER 13 ADV.PROC.NO.

ALSO PRESENT: 14 Brandon Cannon, Wells Fargo Representative 15 16 17 18 19 20 21 22 23 24 25

I N D E X Pages MARY ELLEN BRUST 6-105 106 E X H I B I T S

Examination by Mr. Canupp Reporter's Certificate

My name is Michelle Ramey, Our court reporter is

today's video technician. Denise Vasquez.

We are here today for the

He's not an attorney. Please swear in the witness.

THE VIDEOGRAPHER: THE REPORTER:

If you would raise your right hand.

Ms. Brust, my name is Brian Canupp.

understand, please ask me to repeat it.

Mary Ellen Brust.

Not since I was 12. Okay. Where were you born?

Pennsylvania. Okay. As far as your testimony today, are you

or alcohol? A. Q. No. No other distractions that would be a problem for

What is your occupation?

I am a default litigation specialist at Wells Fargo

I have been with Wells Fargo Bank since March of

Where did you work prior to becoming a default

What did you do in -- in that position as the

do for Wells Fargo.

You mostly stayed inside the office?

Tuller, Mad -- Madeas.

Before you started working, what's your educational

Hagerstown Junior College from '76 to '78. September of '78. Q.

And didn't go back to school until 1995.

And I think in your answer you indicated that

doing it at Hagerstown Junior College. that? A. Q. Through Kaplan University. Okay.

Right now you're employed by Wells Fargo as

offices, like a bull pin sort of environment?

changed that scheme.

bankruptcy? A. Q. A. Q. A. Q. Used to be. Not anymore.

my -- the two teams plus my team. Q. A. Q. Okay. Who is your manager?

Julianne Grove. And who's Ms. Groves' manager?

depending on what you call it.

certificate and was quite familiar with the procedures.

I was one-on-one with the team lead at the I

there's something wrong with our system.

You mentioned that you used LPS and

Alex [ph], anything like that? you? A. Q. Not at all. Okay.

In your -- in your work area, or in your

hard drive stuff that may break down.

case was filed?

I should have had those out.

I have a copy of what has been presented as Kelli

automatic stay. MR. CANUPP: THE WITNESS: Okay. Okay.

And I have the mortgage attached to

the assignment of mortgage. MR. SPIRES: Yeah. There is an assignment of

mortgage as well. MR. CANUPP: Okay. All right.

I would ask you to turn to -- I have it as Book

Could you read that paragraph? "Application of Payments. All payments

And this is -- to your understanding, this

look at is a document that is titled as the "Note."

MR. CANUPP: MR. SPIRES: BY MR. CANUPP: Q. document? A. Q. Yes, I have.

John, here's a copy of it for you. Thank you.

Have you had an opportunity to review this

And does this accurately reflect what you

So this would be transferring the -- the

on -- on the -- the first page that I want to make sure I

In the top left underneath the word "State of Do you

MIN is a number assigned to a loan, note, mortgage,