aurora robosigner deposition - joann rein -admits she did not have to know the notary laws!! depo...

8/3/2019 AURORA ROBOSIGNER DEPOSITION - JOANN REIN -ADMITS SHE DID NOT HAVE TO KNOW THE NOTARY LAWS!! DEPO TERMINATED EARLY

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IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT,IN AND FOR PALM BEACH COUNTY, FLORIDA

AURORA LOAN SERVICES, LLC,

PLAINTIFF,

VS.

PERCY CASTILLO;C. L. E. HOMEOWNERSASSOCIATION, INC;JENNIFER CASTILLO;UNKNOWN TENANT (S) INPOSSESSION O F T HESUBJECT PROPERTY,

D E F E N D A N T S

C A S E NO.50 2009 CA 000565XXXX MB

TELEPHONIC DEPOSITIONO F JOANN REIN

TELEPHONIC DEPOSITION OF JOANN REIN, takenbefore April E. O'Malley, General Notary Publicwithin and for the State of Nebraska, beginning at11:05 a.m., on the 17th day of November, 2011, atthe Offices of Thomas & Thomas Court Reporters& Certified Legal Video, L.L.C., 1321 Jones Street,Omaha, Nebraska, pursuant to the Federal Rules ofCivil Procedure.

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APPEARANCE S

FOR THE PLAINTIFF (VIA TELEPHONE) :MR. STEVEN ELLISONBRO AD A N D CASSELOne North Clematis Street, Suite 500West Palm Beach, FL 33401(561)832-3300 FAX(561)[email protected]

FOR THE DEFENDANTS (VIA TELEPHONE) :MS. A M A N D A L. LUNDERGANICE LEGAL, P.A.1015 North State Road 7, Suite DRoyal Palm Beach, FL 33411(561)729-0530 FAX(866)[email protected]

ALSO PRESENT

G EN ER AL N OT AR Y PUBLIC FOR THE STATE OF NEBRASKA:MS. SANDRA J. HANSON (VIA TELEPHONE)



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INDEX

CASE CAPTION Page 1APPEARANCES Page 2INDEX Page 3EXHIBITS Page 3TESTIMONY Page 4REPORTER CERTIFICATE Page 88READ & SIGN LETTER Page 89ERRATA SHEET Page 90D I R E C T E X A M I N A T I O N :

By Ms. Lundergan Page 4

EX HIB ITS : MARKED:

A. Assignment of Mortgage Page 41B. Mortgage Page 72C. MIN Summary Page 87



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REIN -Direct (By Ms. Lundergan)

(Whereupon, the following proceedings werehad, to-wit:)

J O A N N R E I N

having been first duly sworn by Sandra J. Hanson,General Notary Public for the State of Nebraska,

wa s e x a m i n e d a n d testified a s follows:

(Ms. Hanson leaves deposition.)D I RE C T E XA MI NA TI ON

BY MS. L U N D E R G A N :

Q. All right. Joann, can you please stateyour name for the record?

A. My name is Edna Joann Rein.Q. And do you go by Edna or Joann?A. I go by Joann.Q. Okay. I'm just going to go over a few

instructions that your attorney may have told you,but just a couple of things before we begin.

And this one will be especially importantsince we are doing this telephonically. Wait untilI complete by question before you answer, that wayshe can take everything down and we're not trying totalk at the same time.

Please try to give verbal answers only,yes, no. You can' t say uh-huh, huh-uh. Those don' tcome out quite right on the transcript.

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REIN -Direct (By Ms. Lundergan)

I don't anticipate for this to go verylong, but if you do need a break, you need to take amoment, just let me know.

Please answer the question unless yourattorney instructs you not to. He may make someobjections, but please still answer the questionunless he says don't answer.

And if you don' t remember something or youneed to clarify or correct something, let me knowbecause we can always go back to a previous topicand clarify that.

Joann, can you state who you work for?A. I work for Aurora Bank, FSB.Q. Okay. And what's the address for

Aurora Bank, FSB, the business address?A. It's 2617 College Park, Scottsbluff,

Nebraska.

Q. And is that the address that you work at?A. Yes.

Q. Okay. And do you live in Nebraska?A. Yes.

Q. Okay. And how long have you lived inNebraska?

A. About all my life.Q. Have you ever lived in Indiana?

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REIN - Direct (By Ms. Lundergan)

1 A. No.

2 Q. Okay. Are you aware that your attorney3 represented that you lived in Indiana?4 A. No.

5 Q. And if your attorney did, in fact,6 represent that, that would be incorrect, right?7 A. Yes.

8 Q. Okay. Have you ever been deposed before?9 A. No.

10 Q. Okay. Have you ever been convicted of a11 crime punishable of more than a year?12 A. No.

13 Q. And have you ever been convicted of a14 crime involving dishonesty, such as theft or15 forgery?16 A. No.

17 Q. And are you on any current medications or18 alcohol that would impair your ability to testify19 here?

20 A. No.

21 Q. Okay. Joann, did you graduate from high22 school?

23 A. Yes.

24 Q. And do you have any college degrees?25 A. No.



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REIN-Direct (By Ms. Lundergan)

Q. Have you taken any college classes?A. A few.

Q. And what kind of classes have you taken?A. Accounting.Q. Accounting. Just one class?A. Yes.

Q. Okay. And where was that at?A. That was in Dallas, Texas.Q. Okay. I want to talk a little bit about

your employment history. Can you kind of walk methrough where you've worked over the years? I guessyou can start with out of high school, where did youfirst work?

A. I worked for Braniff.

Q. And what was that?A. I was a hostess.

Q. Is that a restaurant?A. Stewardess.

Q. So was that an airline?A. Yes.

Q. Okay. And then after that where did youwork?

A. Southern Trust Mortgage.Q. Okay. And what did you do there?A. Was the Ginnie Mae accountant.



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REIN - Direct (By Ms. Lundergan)8

1 Q. And how long ago was that?2 A. I quit there in about '75.3 Q. Okay. And after that where did you work?4 A. Platte Valley Mortgage of Nebraska.5 Q. Okay. And what did you do there?6 A. I worked as started out in the payoff7 department.8 Q. Uh-huh. Okay. And after that where did9 you work?

10 A. Well, Platte Valley I stayed there11 ten years, and then I went to Harbor Financial for12 five years.13 Q. And what did you do at Harbor Financial?14 A. I was the supervisor over the taxes and15 escrow department, the payoff department.16 Q. Okay. And after that where did you work?17 A. Then I worked for or that's when I18 started back at Aurora Loan Services.19 q. You started back there, meaning you had20 worked there before?

21 A. Well, Aurora Loan Services used to be22 Platte Valley Mortgage.23 Q. Okay. So when you went back and it was24 now called Aurora Loan Services, what did you do?25 A. Worked in the assignments prep department



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Q. And that's where you ' v e worked s i n c e t h en?A. Yes.

Q. Okay. And what is your current positionat Aurora Bank, FSB?

A. Supervisor.Q. Supervisor of what?A. The doc audit department instead of the

assignments prep department.Q. And how long have you been an employee of

Aurora Bank, FSB?A. Since June of this year.Q. Okay.A. Or July. Excuse me. I'm sorry.Q. As a supervisor of this department, what

kind of responsibilities do you have?A. I do monthly reporting. I supervise my

staff.

Q.A.

Q.A.

And what department is that?The doc audit department.And what does the doc audit department do?We review c ol la te ra l f il es and make sure

that all the documents are correct in the collateralfiles.

Q. Okay. And you say you supervise thedepartment. How many people are in that department?



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REIN -Direct (By Ms. Lundergan)1 0

A. Nine full-time people and five temps atthis time.

Q. And who do you report to?A. Jan Walsh.

Q. And what is Jan Walsh's title?A. She's an assistant vice-president.Q. Okay. What was your position back

i n 2008?

A. I was a supervisor.Q. Supervisor of what?A. Assignment prep.Q. And what responsibilities did you have in

that position?A. Basically the same responsibilities that I

have now.

Q. And state that again. I'm sorry.A. The same responsibilities that I have now,

supervise my staff.Q. Okay. And when you were supervising the

staff in that department, what did the staff do?A. They prepared assignments of mortgages,

deeds o f trust.

Q. Anything else?A. No.

Q. And how long were you in charge of that,



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1 meaning the assignment prep department?2 A. Let me see. About six and a half years.3 Q. Okay. And in your job as supervisor of4 the document audit department back in 2008, what5 responsibilities did you have? Can you outline6 th os e f o r me?

7 A. I was repeat the question. I'm sorry.8 Q. In your job back in 2008, can you outline9 for me what responsibilities you had?

10 A. My responsibilities were to manage my11 staff and make sure that they their quality of12 work was was there, their quantity of work was13 there. I did the reporting to upper management on a14 monthly basis, and I asked questions .15 Q. Did you share that responsibility with16 anybody else?17 A. No.

18 Q. And when you say reporting, do you mean19 written reports?20 A. Yes, monthly reports.21 Q. And what would be detailed in those22 written reports?23 A. The production.24 Q. Meaning the number of documents you are25 executing?



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REIN-Direct (By Ms. Lundergan)12

A. Not executing. The number of, basically,what we what our production was for the month.

Q. And when you say production, can youexplain to me what that means?

A. That means the quality and the quantity ofdocuments that we received.

Q. And when you say the quality, what exactlywere you looking for?

A. Make sure that the documents were preparedcorrectly.

Q. Did you have written guidelines as to howthey were to be prepared?

A. No.

Q. So what were you looking for to determinewhether they were properly prepared?

A. I didn't look at each individual one. Youwould just look to see that the document wasprepared correctly.

Q. But how would you know whether or not itwas prepared correctly?

A. By looking to see that the borrower' s namewas correct, the address was correct.

Q. Anything else?A. No.

Q. Okay. So you would look to see whether



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1 the name was correct and the address was correct,2 right?3 A. Yes.

4 Q. And that was all that you would look at,5 right?6 A. Yes.

7 Q. And when we' re saying documents, we' re8 strictly talking about assignments of mortgage,9 correct?

10 A. Correct.

11 Q. Did your department execute any other12 types of documents?13 A. No.

14 Q. Okay. When you looked to see whether the15 address and name were correct, what were you16 comparing that to?17 A. The mortgage or the deed of trust.18 Q. Okay. And were you looking at a paper19 version, or were you looking at that online?20 A. Online.

21 Q. And what was that contained in? Some kind22 of computer program? What was that called?23 A. Imaging system.24 Q. Was that what it was officially known as?25 A. Yes.



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1 Q. Okay.2 A. A s far as I know.

3 Q. And so when you would look on that Imaging4 system, what would be on the screen?5 A. A copy of the documents that you would6 pull up.7 Q. Such as?8 A. Such as the note or the mortgage.9 Q. Any other documents?

10 A. If there was another assignment out there11 and it was on the Imaging, you could pull it up.12 Q. And who enters that information into the13 Imaging system?14 A. Capture Center.15 Q. And where is that located?16 A. In Scottsbluff.

17 Q. And were you the only one in your18 department that had access to the Imaging system?19 A. No.

20 Q. Did everyone in your department have21 access to the Imaging system?22 A. Yes.

23 Q. Were you the only person who who24 audited or checked to see whether the documents were25 executed correctly?



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REIN - Direct (By Ms. Lundergan)1 5

1 A. Yes.

2 Q. Okay. And how long did you work in that3 department?4 A. I'm still in that department.5 Q. You still oversee the execution of6 assignments?7 A. Yes.

8 Q. Okay. Do you still use the same process9 to review whether or not the assignments are

10 executed correctly?11 A. Yes.

12 Q. Okay. Are you still the only person who13 does that responsibility?14 A. I yeah, yes.15 Q. Okay. Is the computer program still16 called the same thing?17 MR. ELLISON: Object to the form.18 Y ou c an answer.

19 THE WITNESS: It's called

20 MCD Imaging, MCD Doc Viewer.21 B Y MS. LUNDERGAN:

22 Q. Is it different than the program you used23 before?

24 A. No.

25 Q. Are you still looking at the sameThomas & Thomas Court Reporters

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1 documents when you go into that program?2 A. Yes.

3 Q. Are there any additional documents now4 available in that program?5 A. Oh, I'm sure there are.6 Q. What kinds of documents? What I mean by7 additional, you said before you could look at the8 deed or the mortgage or any statements, if they were9 available. Are there any additional documents now

10 available on that program?11 A. Yes.

12 Q. What kind?13 A. The servicing file is uploaded to that.14 Q. When you say servicing file, do you mean15 like payment history?16 A. E x c u s e me?

17 Q. When you say servicing file, does that18 include payment history?19 A. No.

20 Q. Okay. What do you mean by servicing file?21 A. I mean, like, the application of the22 borrower when the loan originally gets originated,23 all the documents

24 Q. Okay. So what I would call the loan25 origination file; is that correct?



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1 A. Correct.

2 Q. Okay. Joann, have you ever been an3 officer of Aurora Bank or A uro ra Lo an Services?4 A. No.

5 Q. Have you ever had a position with the name6 or have you ever held a position in Aurora Bank or7 Aurora Loan Services where your title included the8 word vice-president?9 A. No.

10 Q. How about secretary?11 A. No.

12 Q. How about have you ever held a position13 where your title included the word president?14 A. No.

15 Q. Have you ever signed any documents where16 your title included the word vice-president?17 A. Yes.

18 Q. On behalf of who?19 A. The Mortgage Electronic Registration20 Systems, Inc.21 Q. Anyone else?22 A. No.

23 Q. Have you ever signed any documents and24 used the title secretary?25 A. No.



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1 Q. Have you ever signed any documents on2 behalf of Aurora Bank or Loan Services a n d u s e d the

3 title president?4 A. No.

5 Q. Okay. Going back to 2008 when you were6 overseeing the department and remind me again7 what i t was first called.

8 A. Assignment prep.9 Q. Assignment prep, okay. When you were

10 overseeing assignment prep and you were reporting to11 your upper management, approximately how many12 assignments per week were you executing?13 MR. ELLISON: Objection to form. You14 can answer.

15 THE WITNESS: Probably about 800 a16 week.

17 B Y MS. LUNDERGAN:

18 Q. And how many people were you supervising19 in that department in 2008?20 A. I can't remember the exact number. That21 was three, four years ago. I would say probably22 five.

23 Q. Okay. And approximately how much time did24 you spend executing each document?25 MR. ELLISON: Objection to form. You



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REIN -Direct (By Ms. Lundergan)19

can answer.

THE WITNESS: On each document? Like

15, 20 seconds.B Y MS. L U N D E R G A N :

Q. Okay. So that would be so you spendabout 15 to 20 seconds executing each assignment ofmortgage. When I say executing, I mean signing theassignment of mortgage.

A. Right.Q. Okay. Joann, did you have standards as

far as how many documents you were supposed toex ecut e e ac h week?

A. No.

Q. Did you have goals as far as how many youwere supposed to execute each week?

A. No.

Q. When you said earlier that you had toreport to upper management about productivity, whatexactly were you reporting to them?

A. The productivity of my staff and how muchthey were doing.

Q. Okay. Were there goals set as to how mucheach person should be doing?

A. Yes.

Q. And what were those goals?



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1 A. They had to process at that time I2 think it was 70 a day.3 Q. Each person had to process 70 a day?4 A. Yes.

5 Q. And were there standards or goals about6 how much time they should spend on each assignment7 of mortgage?8 MR. ELLISON: Object to the form.9 You can answer.

10 THE WITNESS: No.


12 Q. But each person was supposed to execute13 approximately 70 per day?14 MR. ELLISON: Object to the form. Go15 ahead.

16 THE WITNESS: They wouldn't execute.17 They would prepare or process.18 B Y MS. LUNDERGAN:

19 Q. And when you say prepare or process, what20 does that mean?

21 A. That means going in and entering the22 information into the assignment format.23 Q. Okay. When you say assignment form 24 let's back up.25 Why don't you walk me through the process



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of how an assignment is prepared and processed goingfrom beginning to end in your department back in2008.

MR. ELLISON: Object to form. Youcan answer.

THE WITNESS: We got a system thathas all the state and county requirements as far asan assignment format. And in this system, it ispulled all borrower' s information is pulled intothat system.

When we enter the loan number, it willpull most of the information in there, but we haveto go into Imaging and pull up the originalmortgage, the reported one.

And then they make sure that all theinformation that is in our system is correct withwhat is actually on the recorded document.B Y MS. LUNDERGAN:

Q. Okay. And what was the name of thatsystem that you're talking about?

A. It's called the Rekon system.Q. And is that a system that was available

just to your department?A. No.

Q. Okay. Who entered t h a t i n format ion on th eThomas & Thomas Court Reporters



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Rekon system?A. My processors.

Okay. And where were the processors

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Q.located?

A.

Q.in?

A. Yes.

Q. And did you supervise the processorsentering this information?

A. Yes.

Q. Okay. Was that part of your jobresponsibility in your department in 2008?

A. Yes.

Q. Okay. And when you said you were lookingat the Rekon system, what exactly would be on thes c r e e n ?

A. There there's several files and it it tells you what the milestone was.

Well, you put in the loan number. Thenwhen it pulls up, it pulls in the state. You haveto enter the county. You have to enter themortgagor's name exactly like it is on the mortgage.Theref s just information blanks that you have tofill in.

At the cubicle.

In the same building that you were located



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they would just type in there that they needed anassignment and who it was from and to, and we had aprocessor that would read these, and then she wouldrequest, you know, those requests to our system.B Y MS. L U N D E R G A N :

Q. You mean the Rekon system?A. No. She would put them in Dok Trak.Q. Were you in charge of the department that

received those, what you've referred to as kind ofemails from the attorneys?

A. Yes.

Q. Okay. And how many people worked in thatspecific area of that department? How many peopleworked on the system that received the emails fromthe attorney?

A. One.

Q. And who was that?A. I can't re mem be r w ho i t was.

Q. Okay. So does that person still work forA u r o r a ?

A. No.

Q. Okay. Do you use that same system tocreate assignments let me rephrase.

Tell me again the name of the system thatreceived the emails.

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1 A.

2 Q.3 A.

4 Q.5 A.

6 Q.7 rephrase.8 Does it still does it work similarly to9 LenStar in that you receive assignments from the

10 attorneys? Let me rephrase again.11 Explain to me how LPS works.12 A. LPS works basically the same as LenStar.13 The attorney puts the request in there if they need14 an assignment.15 Q. Okay. And the attorney would put in who16 the assignment was to be from and who the assignment17 was to be to?

18 A. Yes.

19 Q. Do the attorneys put in I'm talking now20 about the LPS system do the attorneys put in what21 I would call the effective date of the assignment?22 A. We do not effective date our assignments.23 Q. You've never executed assignments with24 effective dates?

25 A. Yes, I have.



That was LenStar.

Do you still use the LenStar system today?No.

What do you use now?It's called LPS Desktop.Does the LPS Desktop work let me


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Q. Okay. Did you stop using assignments witheffective dates?

A. Yes.

And when did you stop that?I don' t know.

Was it within the last year?I can' t give you a specific time. I don' t

Q.A.

Q.A.

know.

Q.dates?

A.

Q.

And why did you stop using effective

That was per our legal counsel.Okay. Were there any written instructions

as to why you stopped using effective dates?A. No.

Q. Do you remember any reasons why youstopped using effective dates?

MR. ELLISON: Let me object at thispoint and instruct the witness not to answer. Sheindicated before that this decision was made perlegal counsel. If there were instructions that weregiven by legal counsel, that would be protected bythe privilege.B Y MS. LUNDERGAN:

Q. Okay. Is there any reasoning that youreceived that you did not get from legal counsel?



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A. No.

Q. Okay. But you no longer use effectivedates on your assignments?

A. C o r r e c t .

Q. Okay. I want to go back to the process bywhich the statements were executed, and I'm going togo back to the LenStar system back in 2008.

So am I correct that the information wouldcome from the attorney, correct?

MR. ELLISON: Object to the form.Y ou can answer.

THE WITNESS: Can you rephrase?B Y MS. LUNDERGAN:

Q. Yes. I want to walk through the process,and just correct me if I'm wrong.

The attorney would input the assignmentinformation into the LenStar system, correct?

A. They would put a request in there.Q. And they would put in information such as

who the mortgage assignment was to go to and from,c o r r e c t ?

A. Correct.

Q. And back in 2008 there may have beeneffective dates, correct?

A. Yes.



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Q. And wou ld t h e a t to r n e y p u t in t h eef fect ive date?

A. Yes.

Q. Okay. What other information would theattorney put into the system besides who it wasgoing to and from and the effective date?

A. That's basically it.Q. Okay. Did they give you a deadline by

which the assignment needed to be executed?A. No.

Q. Okay. Did you have certain goals as faras how quickly you needed to execute the assignmentsback in 2008?

A. I I'm assuming now we probably had likea three-day turnaround or a four-day turnaroundtime.

Q. Okay. Is that a similar goal that youhave executing assignments today?

A. Excuse m e ?

Q. Do you still that was in 2008. Todayexecuting assignments, do you still attempt to havea three-day turnaround?

A. No.

Q. What's your standard now?A. Our process is different now.



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1 Q. Can you explain to me repeat that.2 A. I said our process is different now.3 Those do not have that standard.4 Q. Okay. We'll get back to that in a minute.5 I want to go back to 2008.6 So the information would be in LenStar 7 let me rephrase.8 The attorney would enter the information9 into LenStar, correct?

10 A. Correct.

11 Q. And then the person who reviewed LenStar12 would notify you that an assignment needed to be13 created, correct?14 A. They would not notify me.15 Q. Okay. Who would they notify that an16 assignment needed to be created?17 A. That person, that processor, would put a18 request in the Dok Trak system requesting the19 assignment that the attorney was requesting.20 Q. Okay. And then?21 A. And then the report would be read the next22 morning, and it would pull in all of the assignments23 that were requested the previous day.24 Q. Okay. So now you've got a list of25 assignments that need to be made, and you said you



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1 had approximately how many let me turn back here.2 You had approximately nine people working3 in that department at the time?4 A. No. 2008 I had approximately four or5 five.

6 Q. Okay. So you would have a list of7 assignments that needed to be made on any given day.8 How did you divide up who did what?9 A. We would take that list, and we would just

10 divide it up.11 Q. And when you divided it up, did you12 include yourself in that?13 A. No.

14 Q. Okay. So once the list was divided up,15 what was the next step?16 A. That the processors would enter the17 information into Rekon and complete the assignments.18 Q. Okay. What I'm familiar with, and correct19 me if you don't understand this term, is what's20 called a merge file where information is merged into21 a format and put into a computer database. Is that22 similar to what you're talking about?23 MR. ELLISON: Object to the form.24 Y ou can answer.

25 THE WITNESS: No.



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B Y MS. LUNDERGAN:

Q. So when you say explain to me how theinformation would be entered to create theassignment.

A. They would take each loan number, enterthat loan number, and then a screen would come up,and it would have blanks in it.

They'd have to fill in the county. They'dhave to correct the borrower's name if it wasincorrect. They'd have to check the recordinginformation, the amount of the mortgage, all thepertinent information that's on the assignment.

Q. So they would sit in front of the screenon the Dok Trak system?

MR. ELLISON: Object to form. Youcan answer.

THE WITNESS: I don't know which, butthe Dok Trak system is not the assignment system.That's just where the assignments are requested at.B Y MS. LUNDERGAN:

Q. What is the system that creates theassignments?

A. Rekon.

Q. Okay. So they would sit in front of thecomputer screen on the Rekon system, correct?



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1 A. Correct.

2 Q. And they w ould enter the name of the3 borrower, correct?4 A. Correct.

5 Q. And the address, correct?6 A. Correct.

7 Q. And the amount of the loan, correct?8 A. Correct.

9 Q. And they would get that information from10 the other system that you identified and state11 that again.12 A. It was the Imaging system.13 Q. Okay. So they would get that information14 from the Imaging system, correct?15 A. Correct.

16 Q. Okay. And on the Imaging system would be17 the mortgage, correct?18 A. Yes.

19 Q. Any deeds, correct?20 A. Yes.

21 Q. And any previous assignments of mortgage,22 correct?

23 A.

24 Q.

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C o r r e c t .

And was t h a t all t h a t t h e y wou ld l o o k att o c r e a t e t h e as s i gnmen t s o f mortgage?



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1 A. Yes.

2 Q. Okay. In addition to the request from the3 attorney, correct?4 MR. ELLISON: Object to the form.5 Y o u ca n answer.

6 THE WITNESS: They wouldn't they7 wouldn't be looking at the request from the8 attorney.9 BY MS. LUNDERGAN:

10 Q. They would be looking at what the person11 had entered into the system based on the request12 from the attorney?13 A. Yes.

14 Q. Okay. So once they put all this15 information into the system, then do they print the16 assignment of mortgage?17 A. Yes.

18 Q. Does anybody review what they've entered?19 A. Not each one, no.20 Q. Okay. So they print these assignments of21 mortgage, and then where do they go?22 MR. ELLISON: Object to the form.23 Y ou ca n answer.

24 THE WITNESS: They would be put in a25 stack or together, however you want to say it. And



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1 then they would be given to the people who were2 executing that particular day.3 B Y MS. LUNDERGAN:

4 Q. Okay. And the people who were executing,5 is that different than the people who were entering6 the information to create the assignment?7 A. Yes.

8 Q. Okay. And what was the name of the group9 of people I'm sorry. Let me back up.

10 The group of people who were executing as11 far as entering the information, did that group have12 a name?

13 MR. ELLISON: Object to the form.14 Y o u c an answer.

15 THE WITNESS: The people that Ifm16 sorry. You got me confused.17 B Y MS. LUNDERGAN:

18 Q. The people who are entering the19 information into the LenStar I'm sorry. I'm20 getting all your systems confused here.21 The people who were entering the22 information into the form to create the assignment,23 did those group of people have a name?24 A. They were the assignment prep department.25 Q. The assignment prep department. And how



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many people were in the assignment prep department?A. Four o r f i v e a t that time.

Q. And then you moved it to another group ofpeople to execute the assignments. And what was thename of that group?

A. It wasn't a group. It was just whoeverthe signer was that particular day.

Q. Okay. And how did you determine who thesigner was on any particular day?

MR. ELLISON: Object to the form.Y o u c a n answer.

THE WITNESS: At that time they hadone signer each week and one set of people forwitnesses each week and one notary for each week.B Y MS. L U N D E R G A N :

Q. Okay. So it rotated on a weekly basis?A. Yes.

Q. And who made the decision of whose week itw a s ?

A. I don *t know.

Q. But that wasn' t your responsibility?A. No.

Q. Would this have come from your supervisor?A. More than likely.Q. Okay. So a stack of assignments comes to



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the person whose week it is?A. Correct.

Q. And in 2008 how many different people weresigning assignments of mortgages?

A. I don't know.

Q. Okay. How about now? How many people aresigning assignments of mortgages in that department?

A. I don't know.

Q. Do you still e x e cu t e a s s i g nmen t s ofmo r t g a g e?

A. No.

Q. When did you stop executing assignments ofmortgage?

A. Sometime in 2009.

Q. And why did you stop executing assignmentsof mortgage?

A. Because there was a change in the policyfo r MERS.

Q. And what was the change in policy in MERS?A. That if a person was not an officer of the

company, they could not be an officer of MERS.Q. And that was in 2009?A. Yes.

Q. And how were you notified of that change?A. I don't remember.



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1 Q. Okay. Okay. So we had a stack of2 assignments that were given to the person who would3 be executing that week, correct?4 A. Correct.

5 Q. Geographically, where was the person that6 was signing the assignments in conjunction with the7 person who had entered the information?8 MR. ELLISON: Object to the form.9 You can answer.

10 THE WITNESS: It would depend. We11 were all in the same building.12 BY MS. LUNDERGAN:

13 Q. Okay. Were you on the same floor?14 A. Yes.

15 Q. Okay. So the people who were entering the16 information to create the assignments were on the17 same floor as the people who were signing the18 assignments?19 A. Yes.

20 Q. Okay. Would there only be one person21 signing per week?22 A. Yes.

23 Q. Okay. And then you, when it was your24 week I'm going to back up.25 Were you someone who would be signing



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a ss ig n m en ts b a ck in 2008?A. Yes.

Q. But you were correct me if I'm wrong you were not someone who was entering theinformation into the assignments?

A. Right.Q. Okay. But you would sit down with a stack

of assignments. And how long would it take you tosign each assignment?

A. 15, 20 seconds.Q. So it would take you 15 to 20 seconds to

execute? When I say execute, sign each assignment?A. C o r r e c t .

Q. And you said you would only look to see ifthe name was correct when you were signing those,c o r r e c t ?

MR. ELLISON: Object to the form.You c a n a n s w e r .

THE WITNESS: No, I did not look atthat.

B Y MS. LUNDERGAN:

Q. Okay. What would you look at in your15 to 20 seconds?

MR. ELLISON: Object to the form.Y o u c a n a n s w e r .



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THE WITNESS: I would just sign myname.


Q. So you would sit, go through each one, andyou would just sign your name, correct?

A. Correct.

Q. And you wouldn't did you check toverify whether any of the information was correct?

A. No.

Q. Okay. Did you ever find any errors whenyou were signing these assignments?

A. No.

Q. Okay. I'm looking at now what' s beenpreviously marked at Defense Exhibit A. Did youhave a chance to r ec ei ve t ho se exhibits?

MR. ELLISON: Amanda, I got an email.All I have is my cell phone, and downloadingdocuments is not an easy way of doing things interms of these cell phones, things that are morethan one megabyte.

MS. LUNDERGAN: Do you have access toprint those off somewhere?

MR. ELLISON: I don't know, but I'llsee.

MS. LUNDERGAN: Do you want to take a



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like, if we got a loan in and the assignments neededto be completed and recorded into MERS.BY MS. L U N D E R G A N :

Q. And who would have requested that?A. That would have been through another

department.Q. But it came from Aurora?A. Yes.

Q. So someone internally at Aurora wouldrequest an assignment to be drafted?

A. Yes.

Q. An assignment from the original lender toM E R S ?

A. Yes.

Q. Okay. Were there any other cases whereassignments were requested by Aurora?

MR. ELLISON: Object to the form.You can a n s w e r .


Q. Let me rephrase that so we can get itclear.

Did Aurora ever request assignments otherthan those from original lenders to MERS to bedrafted?

MR. ELLISON: Object to the form.



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You can a n s w e r .

T H E WITNESS: Yes.

B Y MS. L U N D E R G A N :

Q. And what kind of cases would that be?A. That would have been if we transferred

loans to another company who was not a MERS member,then we would we would do an assignment out ofMERS' name to the new servicer.

Q. Okay. Did MERS ever request assignmentsto b e drafted?

A. No.

Q. Okay. So besides assignments beingrequested by foreclosure counsel or Aurora, wasthere anyone else that would request an assignmentto b e created?

A. If a loan was serviced released byanother company and we didn't do the assignment anddidn't get it done, they would request one.

Q. Was there any difference in the executionof those being requested by MERS and those didyou have a different procedure for executingassignments when they were requested by foreclosurecounsel versus being requested by anyone else?

A. No.

Q. It was t h e same p r o c e s s no ma t t e r who



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requested it?A. Yes.

Q. Okay. So when it was requested, perhaps,by a separate bank, they would be able to input thatinformation into the same system that the attorneyhad inputted it?

A. No.

Q. Okay. So how would they get thatinformation to you?

A. They would either fax us a request oremail a request.

Q. And then it would go into the wherewould it go from there?

A. It would go to one of the processors, andthey would request the assignment.

Q. So would Aurora keep records of whorequested the assignments to be made?

A. No.

Q. So once the assignment is created, thereis no record of who requested it?

A. No, but we knew who we were going to sendi t to.

Q. Okay. So if we were to, for instance,look at and I'm going to reference now what'sbeen marked as it's going to be marked as



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1 Exhibit A, which is the Corporate Assignment of2 Mortgage for this case.3 If you have a chance to look at this, is4 there any way to tell from this assignment who5 requested it to be created?6 A. No.

7 Q. Okay. And there would be and there's8 no record that automatically tells us who requested9 this assignment?

10 A. I don't know.11 Q. Okay. If I wanted to find out who12 requested this assignment, where would I look?13 A. I don't know.14 Q. Okay. Just one question before we15 continue.

16 Did Mr. Ellison discuss your deposition17 with you on this break?18 A. No.

19 Q. Okay. So we'll proceed on.20 Okay. So we have assignments of mortgage21 requested by foreclosure counsel, by Aurora, or by a22 separate bank that you were transferring a loan to,23 correct?

24 A. Correct.

25 Q. And are those the only three that couldThomas & Thomas Court Reporters

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have requested assignments of mortgage?A. I don't know.

Q. Okay. I want to go back a little bit tothe person who was inputting the information intothe form to create the assignment. When they wereinputting that information, did they verify whetheror not the information was correct?

A. Yes.

Q. Okay. And what for instance, let'stake a look at Exhibit A and go over where theinformation came from.

So, for instance, on the assignment thatis marked Exhibit A and correct me if I'mwrong the information that would have come fromthe person requesting the assignment to be drafted,that would have been the assignor; is that correct?

MR. ELLISON: Object to form.THE WITNESS: Yes.

B Y MS. LUNDERGAN:

Q. So the assignor came from the personrequesting the assignment to be made, correct?

A. Correct.

Q. Okay. And the information recording theassignee came from the person requesting theassignment to be made, correct?



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A. C o r r e c t .

Q. Okay. And the person who entered thisinformation into the form, did they verify whetheror not that was correct?

A. I don't know.

Q. Okay. Is there any other information onthis particular assignment that would have beengiven by the person requesting the assignment to bem a d e ?


THE WITNESS: Not that I'm aware of.


Q. Okay. So besides the assignor and theassignee, all of the other information was inputtedby the person creating the form, correct?


THE WITNESS: Besides the information

pulled from our system, yes.BY MS. L U N D E R G A N :

Q. Okay. So I'm trying to understand. Theperson who created the assignment would have takenthe name of the assignor and the assignee, forinstance, from the attorney?



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MR. ELLISON: Object to the form.You can answer.

THE WITNESS: Okay. The person whoprepares the assignment, yes, they would have gotthat from it would have pulled into our system.BY MS. LUNDERGAN:

Q. Okay. And do you know whether or not theywould have verified that information?

A. I do not know.Q. Okay. Who would know that?A. I dont know.

Q. Okay. Were you in charge of thedepartment who entered the information?

A. Yes.

Q. Was there a policy as to whether they weresupposed to verify the assignor and assignee?

A. Not that I'm aware of.

Q. Okay. So the person who entered theinformation going through this assignment that'sin front of you, what parts of this would they haveentered into the form? All of it?


THE WITNESS: Not all of it, no.



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1 BY MS. LUNDERGAN:

2 Q. Okay. Can you tell me which parts that3 they would have entered?4 A. They would have entered the county name;5 they would have entered the seller servicer number;6 they would have entered the old servicing number;7 they would have entered the MERS number; they would8 have entered the assignor, the assignee; they would9 have checked the borrower's information; they would

10 have entered the original lenders; and they would11 have checked the recording information; and they12 would have checked the property address; and they13 would have entered the legal description 14 Q. Okay.15 A. and the mortgage amount.16 Q. Okay. Now, you are the one that executed17 this assignment, correct?18 A. Correct.

19 Q. That is your signature?20 A. Yes.

21 Q. Okay. Did the person that entered the22 information on the form put your name below the23 line?

24 A. No.

25 Q. When did that get entered?Thomas & Thomas Court Reporters



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1 notary, or did you have a group of notaries?2 A. I really don't know.3 Q. Okay. How about now? How many notaries4 do you have working in the department that execute5 assignments of mortgage?6 A. In my department I do not have any7 notaries.

8 Q. Okay. Are you still in the department9 that executes assignments of mortgage?

10 A. Do what? I'm sorry.11 Q. Are you still in charge of the department12 that executes assignments of mortgage?13 A. I'm not in charge of the department that14 executes.

15 Q. Okay. What exactly does your current16 department do?17 A. We audit collateral files.

18 Q. Okay. Back in 2008 when you were19 executing these assignments, were you also a notary20 a t the time?

21 A. Yes.

22 Q. Are you currently a notary?23 A. No.

24 Q. When did you stop being a notary?25 A. I don't know. About four or five months



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ago.

Q. And why did you stop being a notary?MR. ELLISON: Again, we're back to an

area where we're barred from anything going on. Shehasn't notarized anything in this case, and whatdoes it matter why or when, or anything else, shestopped notarizing.

MS. LUNDERGAN: You can state yourobjection to relevance if you want, but

MR. ELLISON: I'm thinking of justmoving for a protective order on this issue because,again, we're going outside the scope of anythingthat could possibly relate to this case.

And a lot of times we have problems withthese things, and I want before I start down thatpath, I want to understand, is there something thatshe's n ot ar iz ed i n this case at all?

MS. LUNDERGAN: Well, Steve, she wasthe head of the department that notarized thesedocuments, so her knowledge of the process is goingto b e relevant.

MR. ELLISON: First of all, thisassignment was notarized by Darline Dietz. You wantto ask about Darline Dietz, fine. She didn'tsign you're asking her questions about her and



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1 her notarization, but she didn't notarize anything2 i n this case.

3 MS. LUNDERGAN: But she was in charge4 of the department that did.5 MR. ELLISON: All right. So ask her6 about the department, as you have. She' s responded7 to the best of her ability.8 MS. LUNDERGAN: Please just state9 your relevancy objection and move us along with the

10 deposition. Please just state your relevancy11 objection. I don't want to argue with you on the12 record.

13 MR. ELLISON: It's not a relevancy14 objection. I'm telling you that I'm moving for a15 protective order on these particular questions16 relating to her notarization and her status of the17 notary and the like.18 So if you want to move onto another area,19 fine. If you want to just have me terminate it20 right now, that's fine, or we can save it until the21 end.

22 MS. LUNDERGAN: Okay. Can we read23 back the last question.24 (The requested portion of the25 transcript was read back by the



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REIN -Direct (ByMs. Lundergan)54

court reporter.)MS. LUNDERGAN: And did we get a

response to that?COURT REPORTER: No, we did not.MR. ELLISON: No, because that's

where I'm going to move for a protective order.BY MS. LUNDERGAN:

Q. Okay. In your department back in 2008when you were executing assignments of mortgages,were the notaries doing any other jobs besidesnotarizing?

A. Yes.

Q. And what other jobs would they do?A. They would also process assignments.Q. And what do you mean by that?A. They would create the assignments.Q. Okay. So someone who notarized one

document might sign another?MR. ELLISON: Object to the form.

Y o u c an answer.

THE WITNESS: Repeat the question.B Y MS. LUNDERGAN:

Q. I'm trying to understand what you'resaying. So someone who was a notary in thatdepartment might also be somebody who signs as a



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1 assignment prep department, correct?2 A. There may have been one or two, yeah.3 Q. Okay. And so you supervised the one or4 two notaries that were in the department, correct?5 A. Right, but that was just one of their6 other duties.

7 Q. Okay.8 A. That wasn' t the only thing they did.9 Q. Okay. But in your duty as a notary in the

10 assignment prep department, you supervised them in11 t h a t role?

12 A. Yes.

13 Q. Okay. And in addition to notarizing, the14 notaries would also be witnesses, correct, but not15 o n the same document?

16 A. Yes.

17 Q. Okay. Would the would the two people18 who were notaries also sign the assignments of19 mortgage?20 A. What do you mean?21 Q. You say that there were let me clarify.22 In the assignment prep department, there23 was one person who signed the assignment, correct?24 A. There was an officer that signed the25 assignment.



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1 Q. Okay. And then there were two witnesses,2 correct?

3 A. They didn't necessarily have to be in that4 department.5 Q. So there were people who signed6 assignments of mortgage who were not part of that7 department?8 A. Yes.

9 Q. And how did you determine who was able to10 sign assignments of mortgage?11 A. I did not determine that.

12 Q. Okay. Who did?13 A. I don't know.

14 Q. Would it have been the person who15 supervised you?16 A. I don't know. Could have been.

17 Q. Okay. Was there were there any18 notaries who also were the people who signed19 assignments of mortgage?20 A. I don't know.

21 Q. Okay. But you did state that notaries22 sometimes witnessed assignments of mortgage,23 correct?

24 A. Correct.

25 Q. Okay. At Aurora, typically what level ofThomas & Thomas Court Reporters

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employees are notaries?A. I don't know.

Q. Okay. Does Aurora require certain peopleto b e notaries?

A. I don't know.

Q. Does Aurora pay for the notaries to gettheir notary license?

A. I don't know.

Q. Did Aurora pay for you to get your notarylicense?

A. Yes.

Q. Okay. In your position as a notary, ifyou ever felt that you were notarizing somethingimproperly, was there a process for you to reportt h a t ?

MR. ELLISON: Okay. Here we goagain. I'm trying to give you leeway here, but I'mgoing to move for a protective order on that aswell. This has nothing to do with the documentitself, and you are just fishing.

So I'm going to move for a protectiveorder on this line of questioning as well. If youwant to move onto something else, great, if not, wewill end i t now.

MS. LUNDERGAN: Well, if she was part



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1 of the notary process at Aurora, I have a right to2 ask about the policies of notarizing documents.3 MR. ELLISON: You know, I'm still4 sticking to my particular position on this thing.5 She did not notarize anything in this case, unless6 there' s a document you can show me that she7 notarized. And so we're here on this case, not on8 some other case, and so I want to focus on something9 that might actually relate to this case.

10 MS. LUNDERGAN: Okay. Well, what I'm11 going to do is state for the record that I have not12 been able to ask all my questions regarding the13 notary process.14 So we' 11 move onto other sections, and I15 guess if you want to file a protective order as to16 those areas, I will be requesting another deposition17 to continue that area of questioning.18 MR. ELLISON: You can do what you19 feel is appropriate, and I'll do the same.20 BY MS. LUNDERGAN:

21 Q. Okay. Joann, I want you to describe to22 me, in 2008 when all of these documents were being23 executed, was the process that it first went to the24 person to sign the assignment, correct?25 MR. ELLISON: Object to the form.



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Y o u c a n a n s w e r .

T H E W I T N E S S : Yes.


Q. And then it would go to the two witnessesto sign, correct?

A. If there were witnesses to sign, yes.Q. Okay. So it would go from the person to

sign to the two witnesses, and then it would go tothe notary to notarize, correct?

MR. ELLISON: Object to the form.Y o u c an answer.

T H E WITNESS: Correct.


Q. Okay. So it was a three-step process,c o r r e c t ?


THE WITNESS: I wouldn't say it was athree-step form, no.B Y MS. LUNDERGAN:

Q. Okay. So explain to me, then, how itwould move between those three people.

A. You were either all together or in a closearea.

Q. Okay. When you say a close area, was itThomas & Thomas Court Reporters



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one big open room?A. In answer to your question, yes.Q. So it was one big open room, and the

person would sign the assignment and then let merephrase.

Would you sign all of the assignments thatwere in front of you before you would move them onto the next person?

A. I don't remember.

Q. Okay. Would would you sign oneassignment and then transfer it to the next personand then sign another assignment?

A. I don't remember.

Q. Okay. So you don't remember whether youwalked to the next person with a stack ofassignments?

A. No.

Q. Okay. So you were all in the same room,c o r r e c t ?

A. Not necessarily, no.Q. What else would have happened?A. We could have I don't know. I don't

know.

Q. You don't remember where you were sitting?A. No, not 2008.



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Q. Okay. And you don' t remember if you werein the same room?

A. No.

Q. Okay. When you signed the assignments ofmortgage, was the witness standing in front of you?

A. I don't know.

Q. Okay. When you signed the assignment ofmortgage, was the notary standing in front of you?

A. I don't know.

Q. Okay. How about now? When thosedocuments are when assignments are executed,what's the process for that?

A. The process is everyone is in the sameroom.

Q. Okay. And does the notary stand over theperson executing the assignment of mortgage?

A. Yes.

Q. Okay. And does the person take an oathevery time they sign an assignment of mortgage?

A. I d o n ' t know.

Q. Back in 2008 did you take an oath when yousigned the assignments of mortgage?

A. When I signed the assignments?Q. Yes. Did you take any oath when you were

signing the assignments of mortgage?



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A. No.

Q . I 'm s o r r y . Was that a no?A. That was a no.Q. So the notary didn't have you take any

oath when you signed them?A. No.

Q. Okay. Isn't it true that back in 2008,the notary, Darline Dietz, sat a couple desks awayfrom you?

A. Yes.

Q. Okay. And isn't it true that from whereDarline Dietz sat, she couldn't see each documentthat you were signing, correct?

MR. ELLISON: Object to the form.Y o u ca n answer.

T H E W I T N E S S : Yes.

B Y MS. LUNDERGAN:

Q. Could Darline see you sign each individualdocument from whe re she sat?


THE WITNESS: No.

B Y MS. LUNDERGAN:

Q. Okay. Could the witness, then, see yousign each individual document from where they sat?



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1 MR. ELLISON: Object to the form.2 Y ou can answer.

3 THE WITNESS: No.4 B Y MS. L U N D E R G A N :

5 Q. Isn't it true that in 2008 Darline worked6 from 7:00 to 4:00?

7 A.I don't know.

8 Q. Okay. Is it is it true that at some9 point Darline would leave at 4:00 and you would

10 continue executing assignments of mortgage?11 A. I don't know.

12 Q. Okay. Was there ever a time when Darline13 would leave and you would continue executing14 assignments of mortgage?15 A. I c a n ' t remember.

16 Q. Okay. And isn't it true that Darline17 would come in the next morning and notarize the18 documents that you had signed the night before?19 A. I don't know.

20 Q. Would it surprise you to know that Darline21 stated that she worked from 7:00 to 4:00 and that22 she would go home at night and you would continue23 executing assignments after she left?24 MR. ELLISON: Object to the form.25 Y ou can answer.



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1 THE WITNESS: Would it surprise me?2 BY MS. LUNDERGAN:

3 Q. Yes.4 A.I don't know.

5 Q. Was it was there ever a time where you6 would execute assignments of mortgage after the7 notary had left?8 A.I don' t know.

9 Q. Did Aurora have a policy as to whether you10 were allowed to execute assignments of mortgage11 after the notary left?12 A. Not that I'm aware of.

13 Q. But you never took an oath before you14 signed the assignments of mortgage?15 A. No.

16 Q. Did you have personal knowledge of the17 contents of the assignments of mortgage?18 MR. ELLISON: Object to the form.19 Yo u can answer.

20 THE WITNESS: No.


22 Q. The assignment of mortgage that's been23 marked as Exhibit A, did you have personal knowledge24 of the information in that assignment of mortgage?25 A. No.



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Q. Did you have personal knowledge of thealleged transfer between Mortgage ElectronicRegistration Systems, Inc., and Aurora LoanServices?

A. No.

Q. Do you know whether $10 was given inconsideration?

A. No.

Q. Okay. Are you an officer of MERS?A. No.

Q. You're not an officer of MERS?A. No.

Q. So when you executed the assignment ofmortgage that's so marked as Exhibit A, were yousigning it as vice-president of MERS?

A. Yes.

Q. Okay. When did you stop being avice-president of MERS?

A. Sometime in 2009.

Q. Okay. Was it your understanding that whenyou were executing the assignment of mortgage, youwere executing it on behalf of MERS?

A. Yes.

Q. So you were working for MERS at the time?A. No.



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REIN -Direct (ByMs. Lundergan)67

Q. Okay. What was your understanding of whoyou were working for when you executed theassignment?

A. A ur ora Loan Services.

Q. Okay. And you were at the timevice-president of MERS?

A. Yes.

Q. And why were you asked to be an officerof MERS?

A. I don' t know.

Q. Did Aurora ask you to be an officero f MERS?

A. Yeah, yes.Q. Okay. Did you go through any training to

be an officer of MERS?

A. No.

Q. Were you paid by MERS?A. No.

Q. Did you have any responsibilities as anofficer of MERS besides executing assignments ofmortgage?

A. No.

Q. Did you attend any board meetings at MERS?A. No.

Q. Do you know where MERS1 headquarters isThomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing


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REIN-Direct (By Ms. Lundergan)68

located?

A. No.

Q. Do you know how many officers MERS has?A. No.

Q. Do you know how many employees they have?A. No.

Q. Do you report to anyone at MERS?A. No.

Q. Are you involved in any decision-makinga t MERS?

A. No.

Q. Do you have any MERS employees that reportto you?

A. No.

Q. Do you know why MERS appointed you avice-president instead of just appointing you anauthorized agent?

A. No.

Q. Do you know why MERS gave you the title ofvice-president?

A. No.

Q. So would it be correct for me to say thatyou're not really an officer in the typical sense ofthe word?

MR. ELLISON: Object to the form.



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1 Y o u c a n a n s w e r .

2 THE WITNESS: Yes.

3 B Y MS. L U N D E R G A N

4 Q. And do you have signing authority on5 behalf of anyone other that Aurora and MERS?6 A. No.

7 Q. Okay. The two witnesses that signed this8 assignment of mortgage, Janie Flores and9 Deborah Backus, are you familiar with them?

10 A. Yes.

11 Q. And at the time they signed this12 assignment, what department were they working in?13 A. Janie Flores was in the assignment prep14 department. Deborah Backus was in the release15 department.16 Q. Okay. And did they report to you?17 A. Ja nie Flores did.

18 Q. Okay. But Deborah Backus did not?19 A. Correct.

20 Q. And what were their titles at the time?21 A. They had no titles.22 Q. Okay. What would you have called them?23 What was their position?24 A. Janie was an assignment processor, and25 Deborah was a release processor.


69


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Q. Okay. And do they still currently workfor Aurora?

A. Yes.

Q. Are you familiar with MERS records?A. No.

Q. Do you have access to MERS records?A. Yes.

Q. Have you ever accessed the MERS records?A. Yes.

Q. Do you still ha ve access to MERS records?A. Yes.

Q. Even though you're not an officer anymore?A. I work o n their website.

Q. Okay. When you were executing assignmentsof mortgage, did you keep a log of the documentsthat you signed?

A. No.

Q. Did anyone in your department keep a logof the documents they signed?

A. I can't testify for anybody else.Q. Were you aware of if anyone kept a log of

documents they signed?A. No.

Q. Okay. Le t ' s l ook a t th e Ass ignment o fMor tgage aga i n .



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1 Where it says, Assignor: MortgageElectronic Systems, Inc., and then it gives an

3 address, do you know if that address is correct?4 A. It was at that time.

5 Q. And how would you have verified that?6 A. Because that's the way it was in our7 system.8 Q. And who would have put that information9 into the system?

10 A. My manager.11 Q. Okay. And where would he have gotten that12 i nf or ma t io n f ro m?

13 A. I d o n ' t know.

14 Q. Okay. And what system would he have put15 t h a t i n f o r m a t i o n i n t o ?

16 A. The Rekon system.17 Q. Okay. And same thing with the Assignee,18 it says, Aurora Loan Services at 2617 College Park.19 Do you know if that information is correct?20 A. That information is correct, yes.21 Q. Okay. And same thing, who would have put22 that information -- or how would you have verified23 that information or sorry, let me rephrase.24 How would you have verified that25 information?



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1 A. That information just because that's2 w h e r e I work.

3 Q. Okay. And would that have been input into4 the same system?5 A. Yes.

6 Q. By the same person?7 A . Y e s .

8 Q. Okay. Do you know who currently owns this9 l o a n ?

10 A. No.

11 MS. LUNDERGAN: Can we Steve, can12 we switch to Exhibit B, which on my documents is the13 Mortgage?14 MR. ELLISON: Is there a page you15 w a n t her to look at?

16 MS. LUNDERGAN: Just the first page.17 MR. ELLISON: Okay. Right there.18 MS. LUNDERGAN: Okay. For the court19 reporter' s sake, this is what I previously marked as20 Defendants1 Exhibit B. It's labeled the title, I21 guess, is Mortgage.22 If you could just go ahead and mark that23 with your exhibit sticker.24 (Exhibit B marked for25 identification.)



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REIN -Direct (ByMs. Lundergan)7 3

B Y MS. LUNDERGAN:

Q. Okay. According to this are youfamiliar with mortgages?

A. A little.

Q. According to this mortgage, the lender isFirst Magnus Financial Corporation; is that correct?

A. Yes.

Q. And MERS is the mortgagee, correct?A. Yes.

Q. Do you see in the paragraph that'slabeled C where it states, "MERS" is MortgageElectronic Registration Systems, Inc. MERS is aseparate corporation that is acting solely as anominee for Lender and L en de r' s s uc ce ss or s and

assigns. Do you see that sentence?A. Yes.

Q. Do you know what solely as a nomineem e a n s ?

A.

Q.A.

Q.case?

A.

Q.

No.

Do you know who would know that?No.

Do you know who the plaintiff is in this

No.

Okay. Do you know whether Aurora ownsThomas & Thomas Court Reporters



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this loan?

A. No.

Q. Do you know whether U.S. Bank owns thisloan?

A. No.

MS. LUNDERGAN: Okay. Steve, I needto get into the MERS documents, and you guys don' thave them, so I'm not sure how this is logisticallygoing to work.

MR. ELLISON: I'm going to open themup on my phone, and to the ability that she can readthis, she'll read it. So let me find the particulardocument.

All right. I have it on my phone. I'mexpanding it a little so that it can be read alittle bit better. Which page do you want to looka t ?

MS. LUNDERGAN: I have mine here, andif it's the same, the first page says, MIN Summary.

MR. ELLISON: Yes.


Q. Joann, are you familiar with these typesof MERS records?

A. I've looked at them, but not realfamiliar, no.



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Q. Okay. Looking at the first page, can youtell, according to this document, who owns thisloan?

A. No.

Q. Looking at the line that says,Investor, Bank of America. Do you see that line?

A. Yes.

Q. Do you know what the term investor meanson the MERS records?

A. That they're the investor.Q. And would that be the person that owns

this loan?

A. I don't know.

Q. Okay. If I told you that on the MERSrecords investor also meant owner, that would meanBank of America was the owner, correct?

MR. ELLISON: Object to the form.Y o u c an answer.

T HE W ITN ESS : Yes.


Q. Do you know why the assignment in thiscase was executed through Aurora instead ofBank of America?

A. No.

Q. Who would know that information?


8/3/2019 AURORA ROB

aurora robosigner deposition - joann rein -admits she did not have to know the notary laws!! depo...

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