IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
             IN AND FOR THE COUNTY OF KING
  
  SALLIE J. HOLMES,       )
                          ) Case No. 06-2-38099-1 SEA
              PLAINTIFF,  )
                          ) NOTICE OF DEPOSITION OF
  VS.                     ) CORPORATE REPRESENTATIVE
                          ) OF DEFENDANT EMC MORTGAGE
                          ) CORPORATION UNDER FRCP
  EMC MORTGAGE            ) 30(b)(6)
  CORPORATION; QUALITY    )
  LOAN SERVICE CORPORATION)
  OF WASHINGTON; JPMORGAN )
  CHASE; WELLS FARGO HOME )
  MORTGAGE, INC., KEVIN   )
  AND ARLENE SCOTT,       )
                          )
                          )
              DEFENDANTS. )
  ----------------------------------------------------
                   ORAL DEPOSITION OF
                  TORISA DIANE KEENER
                     APRIL 3, 2008
  ----------------------------------------------------
        ORAL DEPOSITION OF TORISA DIANE KEENER,
  produced as a witness at the instance of the
  Plaintiff, and duly sworn, was taken in the
  above-styled and numbered cause on the 3rd day of
  April, 2008, from 1:51 p.m. to 2:04 p.m., before
  Sarah Bina, CSR in and for the State of Texas,
  reported by stenographic method, at the Courtyard
  Marriott, 2701 Lake Vista Drive, Lewisville, TX
  75067, pursuant to the Federal Rules of Civil
  Procedure and the provisions stated on the record or
  attached hereto.

  

  

  

  

  

  

  

                 A P P E A R A N C E S
  
  FOR THE PLAINTIFF
        Ms. Melissa A. Huelsman
        LAW OFFICES OF MELISSA A. HUELSMAN, P.S.
        The Hoge Building
        705 Second Avenue
        Suite 501
        Seattle, Washington 98104
  
  FOR THE DEFENDANT EMC MORTGAGE CORPORATION
        Mr. M. Owen Gabrielson
        GRAHAM & DUNN, P.C.
        Pier 70
        2801 Alaskan Way
        Suite 300
        Seattle, Washington 98121-1128
  
  FOR THE DEFENDANTS KEVIN AND ARLENE SCOTT
        Ms. Amy Phillips (Via Telephone)
        KELLER ROHRBACK, L.L.P.
        1201 3rd Avenue
        Suite 3200
        Seattle, Washington 98101-3052

  FOR THE DEFENDANT EMC MORTGAGE CORPORATION
        Mr. Jeffrey W. Tschirhart
        ATTORNEY AT LAW
        2780 Lake Vista Drive
        Lewisville, Texas 75067-3884

  ALSO PRESENT:
        Ms. Mary Jacque Thompson

  
                         INDEX
                                           PAGE
  Appearances ..........................     3
  Stipulations .........................     5
  WITNESS:  Torisa Diane Keener
        Examination by Ms. Huelsman .....    6
        Examination by Mr. Gabrielson ...   18
  
  Witness' Signature/Corrections Page ..    19
  
  Reporter's Certificates ..............    20
  
                        EXHIBITS
                                           PAGE
  NUMBER      DESCRIPTION                 MARKED
    22        Appointment of Successor      11
              Trustee Document
  
     (Exhibit attached at the end of the original
        and certified copies of the transcript.)

  

  

  

                S T I P U L A T I O N S
               THE REPORTER:  We're on the record at
  1:51.  Would you like the same agreements --
               MS. HUELSMAN:  Yes.
               THE REPORTER:  -- as --
               MS. HUELSMAN:  Yes.  Okay.
               (The following excerpt was taken from
                the Oral Deposition of Mary Jacque
                Thompson, and by agreement of all
                parties will also apply for this
                deposition.)
               MR. GABRIELSON:  If -- if -- if
  everyone could speak up, that would be great.
               MS. HUELSMAN:  Can you hear us, Amy?
               MS. PHILLIPS:  I can hear you.
               MS. HUELSMAN:  Okay.

  

  

  
                 P R O C E E D I N G S
                  TORISA DIANE KEENER,
  having been first duly sworn, testified as follows:
                      EXAMINATION
  BY MS. HUELSMAN:
      Q.   Can you please state your name.
      A.   Torisa Diane Keener.
      Q.   And can you spell it -- your last name,
  please?
      A.   K-E-E-N-E-R.
      Q.   Actually, I guess I should say, spell
  your -- why don't you spell your full name just in
  case there's a different spelling.
      A.   It is.  Torisa is T-O-R-I-S-A, Diane,
  D-I-A-N-E, and then Keener.
      Q.   Keener?  Okay.  And do you just go by Diane
  Keener?
      A.   Yes, I do.
      Q.   Okay.  All right.  And can you tell me your
  current occupation?
      A.   I am a senior foreclosure processor for EMC
  Mortgage.
      Q.   Okay.  And how long have you been with EMC?
      A.   Almost -- well, about nine and a half
  years.
      Q.   Okay.  Have you held other positions while
  working at EMC?
      A.   Yes, I have.
      Q.   Can you tell me what those are?
      A.   I was in imaging and records management --
      Q.   Okay.
      A.   -- and then transferred to foreclosure.
      Q.   Okay.  And how long have you been there?
      A.   In foreclosure, five and a half years.
      Q.   Okay.  And are you also a notary?
      A.   Yes.
      Q.   Okay.  And when did you become a notary?
      A.   Became a notary in, approximately, '92.
      Q.   Okay.  And you've had it ever since then,
  just renewing it --
      A.   Yes.
      Q.   -- whatever period of time you need to get
  it renewed?
      A.   Yes.
      Q.   Is that four years?  Every four years?
      A.   Yes.
      Q.   Okay.  All right.  And do you notarize
  documents while employed at EMC?
      A.   Yes, I do.
      Q.   For EMC?
      A.   Yes.
      Q.   Okay.  And can you just give me a brief
  description of your job, what you -- what task you
  perform to complete your job currently?
      A.   Okay.  Currently, I work reports, month-end
  reports, just reviewing the foreclosures through the
  month and finding out if there was a delay, what it
  was, and documenting it.  And being a senior in the
  department, I, you know, of course, answer questions
  or -- and help -- help out any other members, either
  junior processors or any questions that management
  might have.
      Q.   Okay.  And I'm just going to ask you to
  speak up just a little bit, because we have somebody
  on speakerphone --
      A.   (Nods head.)
      Q.   -- so I want to make sure she can hear you.
      A.   Okay.
      Q.   Okay.
               MS. PHILLIPS:  Yeah.
      Q.   Okay.  And so what were you -- what job
  were you performing in May of 2006 -- or April and
  May of 2006?
      A.   The same.
      Q.   The same?
      A.   Same thing, yeah.
      Q.   Okay.  And so was part of your job in April
  and May of 2006, to provide notary services when
  necessary?
      A.   Yes.
      Q.   Okay.  And what is required for you to
  notarize a signature?
      A.   Fill out the paperwork EMC sends in to
  Texas Notary.  I'm not exactly sure how the whole
  process works.  All I know is I get a certificate in
  the mail, and EMC orders me a stamp.
      Q.   Okay.  And, I'm sorry, I was -- I didn't --
  you -- I didn't ask a question that you understood.
  When you actually notarize a signature, what's the
  process you go through?
      A.   I see, you know, the signature, and I -- I
  notarize -- you know, I sign my part and stamp it.
  And, you know, Mary Jacque's -- I worked with her
  for several years, and I'm very familiar with her
  signature.
      Q.   Okay.  So is it mostly you notarizing Mary
  Jacque's signature?
      A.   Mostly.
      Q.   Okay.  And so you know her signature, so
  does that mean that you don't always witness her
  signature?
      A.   Not always.
      Q.   Okay.  And do you have a notary log or a
  logbook?
      A.   No, I do not.
      Q.   Okay.  And are you required to maintain a
  notary log by the State of Texas?
      A.   Not to my -- I mean, to my knowledge,
  I'm -- I'm not -- I'm not sure.
      Q.   Okay.  And when you get your license, your
  notary license, or whatever they call it, renewed,
  do you have to take a test again every time it's
  renewed, or does it just become automatic?
      A.   It's just automatic.
      Q.   Okay.  Did you take a test in the beginning
  when you first got it?
      A.   Not that I recall.
      Q.   Okay.  So you just fill out some
  paperwork -- I'm just trying to understand how it's
  done in Texas -- so you just fill out some paperwork
  and provide whatever's necessary, and then you get
  the seal and the stamp?
               MR. GABRIELSON:  Objection to form.
  Go ahead and answer the question.
      A.   Yes.
               MS. HUELSMAN:  Okay.  All right.  So
  we'll mark this -- what are we on?  Exhibit --
               THE REPORTER:  22.
               MS. HUELSMAN:  -- 22?  Exhibit 22,
  Amy, is going to be the Appointment of Successor
  Trustee document.
               MS. PHILLIPS:  Thanks.
               (Exhibit No. 22 marked.)
      Q.   Okay.  Have you ever seen this document
  before?
      A.   Yes.
      Q.   And you know that because your signature is
  on the second page --
      A.   Yes.
      Q.   -- or you actually remember this document?
      A.   The signature.
      Q.   Okay.  All right.  In April and May
  of 2006 -- I'm trying to focus it on that time
  frame -- do you know how often you were notarizing
  documents at work?
      A.   I don't recall exactly.
      Q.   Can you give me your best estimate?  Two a
  day?  Five a day?  Thirty?
      A.   You know, it varies.  I can go a couple
  days without any, and then, you know, have 50.
      Q.   Okay.  Okay.  And Mary Jacque testified
  earlier that she sometimes, you know, will execute,
  like, 40 documents in a day --
      A.   (Nods head.)
      Q.   -- so you can have days like that where
  you're notarizing that many documents?
      A.   Correct.
      Q.   Okay.  And, now, are you kind of her
  regular notary, or are you the person she regularly
  has notarize documents?  And I'm talking about in
  April and May of 2006 --
               MR. GABRIELSON:  Object -- objection
  to form.
      Q.   -- that time frame.
      A.   I'm not the only notary in the department,
  no --
      Q.   Okay.
      A.   -- so --
      Q.   But does she have you regularly do it, or
  is there somebody else who does it more often?  Are
  you the first person she would go to to notarize?
               MR. GABRIELSON:  Objection to form.
      A.   The -- actually, it's the -- the
  processors.  Whoever they bring it to, whoever's
  there.  I don't think there's actually a normal
  process.
      Q.   Okay.  Okay.  And you're not a processor,
  right?
      A.   No, I am not.
      Q.   Okay.  Because, again, you described to me
  a few minutes ago that you are overseeing
  foreclosure process and administrative and
  recordkeeping and -- and monitoring the
  foreclosures, right?
      A.   After the fact.
      Q.   Okay.  After the fact?  Okay.  All right.
  Do -- are you assigned particular states?
      A.   No.
      Q.   Okay.  You're just monitoring kind of
  everybody after the fact?
      A.   Uh-huh.
      Q.   Yes?
      A.   Yes.
      Q.   Okay.
      A.   Sorry.
      Q.   You have -- you have to remember to say yes
  or no for her.  Okay.  Great.  All right.  So you
  said you don't have any independent recollection of
  this particular document, correct, that we're
  looking at, Exhibit 22?
               MR. GABRIELSON:  Objection to form.
      A.   Correct.
      Q.   Okay.  But you're looking at this second
  page with your signature, and is that your
  signature?
      A.   Yes, it is.
      Q.   Okay.  And is that your printing on the
  lines above the dating and your name, Diane Keener,
  and Mary Jacque Thompson?
      A.   No, it is not.
      Q.   It's not?  Okay.  And so this information
  would have been filled in before the document came
  to you for notarization?
      A.   Yes.
      Q.   Okay.  And would you have witnessed Mary
  Jacque's signature?
      A.   No.
      Q.   Okay.  So it would just be a document that
  would be handed to you after she had signed it, and
  then you would notarize it?
      A.   Correct.
      Q.   Okay.  And is it your understanding that
  that's consistent with the requirements of the Texas
  Notary laws?
      A.   Yes.
      Q.   Okay.  So you're allowed to notarize a
  document even though you haven't witnessed the
  signature?
               MR. GABRIELSON:  Objection to form.
      A.   If I am extremely familiar with the
  signature --
      Q.   Yes.
      A.   Yeah.  It comes --
      Q.   Okay.
      A.   -- you know, goes straight from her to me.
      Q.   And how does it get to you?
      A.   By the processor.
      Q.   Okay.  So it goes from Mary Jacque to the
  processor, and then from the processor to you?
      A.   Correct.
      Q.   Okay.
               MR. GABRIELSON:  Objection to form.
      Q.   And do you sign it on the same day that you
  receive it, or do you sometimes have them sitting
  there for a day or two before you sign?
      A.   I sign them as soon as I get them --
      Q.   Okay.
      A.   -- the same day.
      Q.   Okay.  All right.  And can you just explain
  to me why the docu -- why the notary -- the
  notarization form requires -- it says that the
  person personally appeared in front of you, but Mary
  Jacque, according to your testimony, doesn't
  personally appear in front of you.
               MR. GABRIELSON:  Objection to --
      Q.   And so --
               MR. GABRIELSON:  -- form.
      Q.   -- can you explain to me why you're signing
  a notarization that says that the person personally
  appeared and -- when she did not?
               MR. GABRIELSON:  Misrepresents her
  prior testimony.
               THE WITNESS:  I'm sorry?
               MR. GABRIELSON:  No --
               MS. HUELSMAN:  He's just objecting.
               MR. GABRIELSON:  -- I'm just --
               MS. HUELSMAN:  That's fine.
               MR. GABRIELSON:  I'm object -- I'm
  objecting because I don't think that's what was
  testified to earlier, but you can go ahead and
  answer the question.
               THE WITNESS:  Okay.
      A.   Well, she -- not personally in front of me,
  but, you know, she's right -- right -- I mean, I sit
  very close to her --
      Q.   Uh-huh.
      A.   -- so, you know, I -- and I'm very familiar
  with her signature after working with her for all
  these years.
      Q.   Okay.  All right.  And you think that
  that's consistent with your obligations as a notary?
               MR. GABRIELSON:  Objection to form.
      A.   Yes.
               MS. HUELSMAN:  Okay.  All right.
               MS. PHILLIPS:  Melissa, I'm sorry to
  interrupt.  I need to take a --
               MS. HUELSMAN:  Can you --
               MS. PHILLIPS:  -- five-minute break.
               MS. HUELSMAN:  I think I'm almost done
  with her unless you have a question.  Can I just
  take one more minute to wrap it up?
               MS. PHILLIPS:  Go for it.
               MS. HUELSMAN:  Thanks.
      Q.   What do you do with a document once you
  have notarized it?
      A.   I give it back to the processor.
      Q.   Okay.  And then do you ever see it again or
  do anything with it again?
      A.   No.
      Q.   Okay.  So you're just notarizing, stamping,
  signing, you're done?
      A.   Correct.
               MS. HUELSMAN:  Okay.  I think that's
  it, Amy, so --
               MR. GABRIELSON:  I have just --
               MS. HUELSMAN:  Oh.
               MR. GABRIELSON:  I have --
               MS. HUELSMAN:  I'm sorry.  Owen has
  one question.
               MR. GABRIELSON:  I have a rehab
  question just to clarify the -- clarify the record.
               MS. PHILLIPS:  Go for it.
                      EXAMINATION
  BY MR. GABRIELSON:
      Q.   Diane, sometimes when you notarize Mary
  Jacque Thompson's signature, do you sometimes
  personally witness her sign?
      A.   Yes, I have.
      Q.   You remember, in this case, if you,
  specifically, personally witnessed her sign or not?
      A.   I don't recall.
               MR. GABRIELSON:  No further questions.
               MS. HUELSMAN:  Okay.
               (Proceedings ended at 2:04 p.m.)
  
                 CHANGES AND SIGNATURE
  PAGE  LINE         CHANGE                REASON
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
  ____________________________________________________
        I, TORISA DIANE KEENER, have read the
  foregoing deposition and hereby affix my signature
  that same is true and correct, except as noted
  herein.
  
                     TORISA DIANE KEENER
  
  THE STATE OF             )
  COUNTY OF                )
        BEFORE ME                      on this day
  personally appeared TORISA DIANE KEENER known to me
  (or proved to me on the oath of
  or through                    ((description of
  identity card or other document)) to be the person
  whose name is subscribed to the foregoing instrument
  and acknowledged to me that he/she executed the same
  for the purposes and consideration therein
  expressed.
  Given under my hand and seal of office this
  day of                   , 2008.
  
                     NOTARY PUBLIC IN AND FOR THE                     STATE OF TEXAS
   IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
             IN AND FOR THE COUNTY OF KING
  
  SALLIE J. HOLMES,       )
                          ) Case No. 06-2-38099-1 SEA
              PLAINTIFF,  )
                          ) NOTICE OF DEPOSITION OF
  VS.                     ) CORPORATE REPRESENTATIVE
                          ) OF DEFENDANT EMC MORTGAGE
                          ) CORPORATION UNDER FRCP
  EMC MORTGAGE            ) 30(b)(6)
  CORPORATION; QUALITY    )
  LOAN SERVICE CORPORATION)
  OF WASHINGTON; JPMORGAN )
  CHASE; WELLS FARGO HOME )
  MORTGAGE, INC., KEVIN   )
  AND ARLENE SCOTT,       )
                          )
                          )
              DEFENDANTS. )
  ----------------------------------------------------
                   ORAL DEPOSITION OF
                  TORISA DIANE KEENER
                     APRIL 3, 2008
  ----------------------------------------------------
        I, Sarah Bina, a Certified Shorthand Reporter
  in and for the State of Texas, do hereby certify
  that, pursuant to the agreement hereinbefore set
  forth, there came before me on the 3rd day of April,
  2008, at the Courtyard Marriott, 2701 Lake Vista
  Drive, in the City of Lewisville, County of Denton,
  State of Texas, the following named person, to wit,
  TORISA DIANE KEENER, who was by me duly cautioned
  and sworn to testify the truth, the whole truth and
  nothing but the truth of her knowledge touching and
  concerning the matters in controversy in this cause;
  and she was thereupon carefully examined upon her
  oath and her examination reduced to writing under my
  supervision; that the deposition is a true record of
  the testimony given by the witness, same to be sworn
  to and subscribed by said witness before any Notary
  Public, pursuant to the agreement of the parties.
        I further certify that I am neither attorney
  or counsel for, nor related to or employed by, any
  of the parties to the action in which this
  deposition is taken, and further that I am not a
  relative or employee of any attorney or counsel
  employed by the parties hereto, or financially
  interested in the action.
        In witness whereof, I have hereunto set my
  hand and affixed my notarial seal this         day
  of                  , 2008.

                          Sarah Bina, CSR #8075
                          Expiration Date:  12/31/09
                          TLC & ASSOCIATES
                          P.O. Box 520
                          Denton, Texas  76202
                          (972) 219-5161
                          (940) 320-1992
  Taxable Cost: $