UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 1 UNCERTIFIED REALTIME COPY 2 IMPORTANT REMINDER: IF YOU ARE GETTING AN INTERACTIVE REALTIME FEED FOR TODAY'S PROCEEDING, YOU MAY NEED TO 3 PURCHASE A LICENSING TOKEN. Are you utilizing a Thomson West realtime program (LiveNote/Binder)? Do you 4 have a software "subscription" licensing plan? Visit www.livenote.com to purchase a licensing token for this 5 session, if applicable. If you are using other software for your interactive realtime connection, please consult 6 your software vendor. 7 DISCLAIMER 8 CCP section 2025.540(b) provides that an uncertified 9 rough draft transcript either received by counsel during the actual proceeding ("realtime") or at any time prior 10 to the delivery of the final certified transcript "may not be used, cited, or transcribed as the certified 11 transcript of the deposition proceedings. The rough draft transcript may not be cited or used in any way or 12 at any time to rebut or contradict the certified transcript of deposition proceedings as provided by the 13 deposition officer." A similar prohibition is strongly inferred for the Federal Rules of Civil Procedure, Rule 14 30(f)(1) which requires that the original certified transcript of a deposition be filed with the court for 15 intended purposes. 16 17 CASE NAME: HOLMES V. EMC MORTGAGE CORPORATION 18 19 DEPONENT: DAVID OWEN 20 DATE TAKEN: 8-24-07 21 22 REALTIME FILENAME: 168582RT.TXT 23 24 25 1 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 1 CCP section 2025.220(a)(5) provides "[A]ny party or attorney requesting the provision of the instant visual 2 display of the testimony, or rough draft transcript [following the proceeding], shall pay the reasonable 3 cost of those services." 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NO REPRESENTATION IS MADE ABOUT ITS ACCURACY. 13 14 15 16 17 18 19 20 21 22 23 24 25 2 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 1 2 MR. GOULDING: 3 RT-Q. Okay. All right. Mr. Owen, you're here 4 today to present testimony in response to my notice of 13:09 5 deposition for a corporate representative of Quality 6 Loan Service, correct? 7 RT-A. That's correct. 8 MS. HUELSMAN: And Dan, is he going to be the only 9 one? 13:09 10 MR. GOULDING: He's the only PMK, yes. 11 MS. HUELSMAN: I just wanted to make sure because 12 Matt was talking originally about two. 13 RT-Q. Mr. Owen, can you give me your title, 14 please? 13:09 15 RT-A. My title is chief operating officer. 16 RT-Q. And that is for Quality Loan Service 17 Corporation of Washington, correct? 18 RT-A. Correct. 19 RT-Q. Okay. And can you just give me very quickly 13:09 20 your educational background after high school? 21 RT-A. I obtained a bachelor of arts degree 22 following high school. 23 RT-Q. Okay. From where and when did you graduate? 24 RT-A. Graduated in 1981 -- I'm sorry, 1986 from 13:10 25 Fort #Louis College in Colorado. 3 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:10 1 RT-Q. Okay. And any other post high school 2 education? 3 RT-A. Informal type continuing education classes. 4 RT-Q. Can you just give me a brief description of 13:10 5 those, please. 6 RT-A. Had various industry related training type 7 of classes, various paralegal courses some years ago. 8 RT-Q. Okay. And I think I forgot to ask you, what 9 did you get your bachelor's degree in? 13:10 10 RT-A. It was in psychology. 11 RT-Q. Psychology, okay. 12 And can you give me your work history starting from 13 after you graduated from college? 14 RT-A. I can. I mean, do you want every single job 13:11 15 I ever had? 16 RT-Q. Well, I'm looking for your professional 17 background. So what was your first job out of college? 18 RT-A. I worked for a company by the name of first 19 American Heritage Title -- 13:11 20 RT-Q. Okay. 21 RT-A. -- Company working in the title industry. 22 In about 1988, I obtained a job with Professional 23 Foreclosure Corporation which was a foreclosure company 24 up in Orange County, California. 13:11 25 RT-Q. I'm familiar with it. 4 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:11 1 Okay. And what did you do for Professional 2 Foreclosure Corporation? 3 RT-A. When I first started, I was just working in 4 the foreclosure department processing various parts of 13:12 5 foreclosures. And when I left there, I was the 6 foreclosure manager. 7 RT-Q. I'm sorry. You said -- when you started 8 there you said you were doing what? It kind of cut off. 9 RT-A. Processing foreclosures. 13:12 10 RT-Q. Following that, I believe it was about 1993, 11 I obtained a position with Northeast Savings, and I 12 worked in their in-house trustee division which was 13 handling and managing over foreclosures within their 14 in-house trustee division. 13:12 15 In about -- It was about 1995 I was then employed 16 by American Custody Corp. and was there also involved 17 with default servicing of mortgage loans and foreclosure 18 processing. 19 Following that I was employed with Homecomings 13:13 20 Financial Network, and there I was the default managing 21 servicer over their mortgage loan area. Then in 1998, I 22 was employed with McCarthy and Holthus in their National 23 Outsourcing Department, which was related to outsourcing 24 of defaulted mortgage loans to various attorneys 13:14 25 throughout the nation. 5 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:14 1 And in about 2000 -- 2000 or 2001, I then was 2 employed with Quality Loan Service, and shortly after 3 that became the chief operating officer. And I've been 4 holding that capacity since then. 13:14 5 Are you still there. 6 ( off off ) 7 (The record is read by the reporter.) 8 MS. HUELSMAN: 9 RT-Q. Mr. Owen -- 13:18 10 RT-A. Yes. 11 RT-Q. Okay. Can you explain to me the just in 12 general the relationship between McCarthy & Holthus and 13 Quality Loan Servicing? 14 RT-A. McCarthy & Holthus is the attorney for 13:18 15 Quality Loan Service. 16 RT-Q. Okay. But that -- they are completely 17 separate corporate entities? 18 RT-A. Yes. 19 RT-Q. And when you're -- I want to make certain 13:18 20 quality Loan Service Corporation of Washington, which is 21 the one that you're the COO of, correct? 22 RT-A. Yes. 23 RT-Q. Are there other Quality Loan Service 24 corporations for other states? Is that the way it 13:19 25 works? 6 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:19 1 RT-A. There is a separate entity, Quality Loan 2 Service Corporation, which is separate from the Quality 3 of Washington. 4 RT-Q. Okay. 13:19 5 RT-A. And I do oversee both entities. 6 RT-Q. Okay. So there's just two Quality Loan 7 Service corporate entities? 8 RT-A. Yes. 9 RT-Q. Okay. And what does Quality Loan Service 13:19 10 Corporation of Washington do? What business do they 11 engage in? 12 RT-A. We engage in proceeding -- initiating and 13 proceeding non judicial foreclosures in the state of 14 Washington. 13:19 15 RT-Q. Okay. On behalf of lenders and/or mortgage 16 servicers? 17 RT-A. That's correct. 18 RT-Q. Other than being registered here as a 19 corporation -- I'm just going to call it QLS for this 13:20 20 deposition. Does that work for you? 21 RT-A. Yes. 22 RT-Q. Is QLS, other than its corporation 23 registration, licensed with any regulatory agencies, 24 either here in Washington or federally? 13:20 25 RT-A. Can I ask one question real quick on that? 7 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:20 1 When you refer to QLS, are you referring to QLS of 2 Washington? 3 RT-Q. Yes, yes, I'm sorry I didn't clarify that. 4 RT-A. All right. Um, could you repeat your 13:20 5 question again. 6 RT-Q. Sure. 7 Is QLS -- aside from registering as a corporation, 8 is QLS licensed by any state or federal agencies? 9 RT-A. No. 13:20 10 RT-Q. Okay. Is the other QLS licensed by any 11 state or federal agencies? 12 RT-A. No. 13 RT-Q. And why don't you explain to me QLS's 14 process for initiating and #preceding, I think was your 13:21 15 phrasing, non judicial foreclosures in the state of 16 Washington? 17 RT-A. Initially we will receive a referral from a 18 #service or a lender requesting that we initiate 19 foreclosure in Washington. We would then prepare the 13:21 20 notice of default and have that notice served on the 21 various parties that are required. 22 Do -- Are you wanting me to go through the whole 23 process? 24 RT-Q. Yeah, that's -- yeah. 13:21 25 RT-A. Okay. Generally at the time that we produce 8 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:21 1 the notice of default, we will also send for recording 2 our substitution of trustee. Once the time period has 3 expired on the notice of default, we will prepare the 4 notice of sale which schedules the foreclosure sale 13:22 5 date. That notice will be posted, published and served 6 as required. And then we will hold the -- we will -- we 7 have an agent that actually holds the sale for us or 8 cries the sale at the location, time and date that the 9 sale is scheduled for. 13:22 10 Once the sale is completed, we will prepare the 11 trustee's deed upon sale. 12 RT-Q. Okay. That's it? 13 RT-A. Through completion of the foreclosure, yes. 14 RT-Q. Okay. All right. I'm going to go through 13:23 15 these, then, in a bit more detail, all right? 16 RT-A. Okay. 17 RT-Q. All right. So you said that you -- and by 18 you, I mean QLS, obviously; that's who you're testifying 19 on behalf of -- QLS prepares and serves the notice of 13:23 20 default first on the required parties; is that correct? 21 RT-A. Yes. 22 RT-Q. Okay. And who are the required parties and 23 how is that effected? 24 RT-A. The -- we're required to notify the 13:23 25 borrowers, the services effected by posting the notice 9 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:23 1 of default on the property, and also mailing that notice 2 of default by regular and certified mail. 3 RT-Q. Okay. Now, is that all handled -- I'm 4 sorry. I need to ask an oppressive question. Are all 13:24 5 of QLS's employees physically located there in San Diego 6 or do they also have employees here in Washington? 7 RT-A. We have employees in Washington as well. 8 RT-Q. Okay. But there are employees there also in 9 San Diego? 13:24 10 RT-A. Yes. 11 RT-Q. And so is this notice of default 12 preparation, does that take place in Washington or in 13 San Diego? 14 RT-A. The notice of default is prepared in San 13:24 15 Diego. 16 RT-Q. Okay. And is it actually physically mailed 17 from San Diego? 18 RT-A. Yes. 19 RT-Q. Okay. And how much notice does the notice 13:25 20 of default in Washington require? 21 RT-A. By how much notice? You mean what? I'm not 22 sure I understand your question. 23 RT-Q. How many days -- the notice of default gives 24 the borrower notice that they have got how many days in 13:25 25 order to reinstate the loan? 10 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:25 1 RT-A. There is a 30-day period from the time that 2 it's served or service is effected. 3 RT-Q. Okay. All right. And then you said the 4 next step in the process was to prepare the substitution 13:25 5 of trustee; is that correct? 6 RT-A. Yes. 7 RT-Q. Okay. Can you describe to me that process? 8 RT-A. The substitution of trustee is prepared and 9 we obtain signature from the lender noteholder at some 13:26 10 point during that 30 day period. And then once we 11 obtain the fully executed substitution, we send it for 12 recording with the county. 13 RT-Q. I'm just making notes. 14 Okay. Can you describe to me the process of 13:26 15 sending that document for recording? How is it actually 16 physically accomplished? 17 RT-A. It is overnighted to a title company, who 18 then has it recorded with the various -- whichever 19 county the property is in. 13:26 20 RT-Q. Okay. So do you have just one title company 21 that QLS uses for any given county? 22 RT-A. No. 23 RT-Q. So there are multiple title companies that 24 might be used? 13:27 25 RT-A. Yes. 11 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:27 1 RT-Q. And is there a -- I guess a reason why one 2 might -- you know, you might use one versus the other or 3 is it just kind of what's going on at the moment? 4 RT-A. There's -- we try to spread the work out 13:27 5 amongst title companies. 6 RT-Q. Okay. So there's no formula for, you know, 7 any particular notice going to any particular title 8 company? Excuse me. 9 RT-A. No. 13:27 10 RT-Q. Okay. So then the notice of trustee sale is 11 the next step in the process that you described, 12 correct? 13 RT-A. Yes, once the 30 days has expired on the 14 notice of default. 13:27 15 RT-Q. Okay. And why don't you describe to me how 16 that process is accomplished? 17 RT-A. The notice of sale is prepared and then once 18 it's prepared and signed, it is forwarded to the title 19 company for recording with the county. 13:28 20 RT-Q. Okay. So is that document also prepared 21 there in San Diego? 22 RT-A. Yes. 23 RT-Q. Okay. And is it signed by one of QLS's 24 employees there in San Diego? 13:28 25 RT-A. Yes. 12 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:28 1 RT-Q. And then how is it transmitted here to 2 Washington for recording? 3 RT-A. It's sent by overnight mail. 4 RT-Q. Okay. Again, to a title company? 13:28 5 RT-A. Yes. 6 RT-Q. Is there a reason why it's not sent to the 7 QLS employees here in Washington for recording? 8 RT-A. The title companies will typically record 9 all of the documents we record in the county recorder's 13:28 10 office. 11 RT-Q. So it's just not something that the 12 employees here do? 13 RT-A. Generally, no. 14 RT-Q. Okay. All right. And then how is it -- so 13:29 15 you said then there are agents who actually cry the 16 sale; is that correct? 17 RT-A. Yes. 18 RT-Q. And how is it that you determine who the 19 agency is going to be who is going to cry the sale? 13:29 20 RT-A. We use one of two or more companies that we 21 set up the publication and the posting as well as the 22 crying of the sale. So we go through that one company 23 and they -- they prepare the publication. They have an 24 employee or an agent who posts the property and then 13:29 25 they also have an employee or agent attends the sale and 13 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:29 1 cries the sale. 2 RT-Q. Okay. So I'm sorry, is that the same title 3 company that recorded it for you or is that a separate 4 company? 13:30 5 RT-A. Separate company. 6 RT-Q. Okay. And do you have different companies 7 that you use for that as well? 8 RT-A. Yes. 9 RT-Q. Okay. And again, is there a reason why the 13:30 10 QLS employees that are here in Washington don't do that 11 work? 12 RT-A. Yes, these companies specialize in that work 13 and that's what their business is. 14 RT-Q. Okay. All right. So I guess, out of 13:30 15 curiosity, what is it that the employees here in 16 Washington actually do, then, for QLS? 17 RT-A. Well, the employees there are there for 18 anybody in Washington that might need to come into the 19 office to, you know, either discuss the matter, tender 13:31 20 funds, deliver any correspondence,. 21 RT-Q. Okay. 22 RT-A. They do, you know, a certain amount of 23 processing type of work as well. 24 RT-Q. Okay. All right. So then is it the company 13:31 25 that posts and cries the sale that -- is that the same 14 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:31 1 company that would then prepare the notice -- excuse me, 2 the trustees deed of sale? 3 RT-A. No. 4 RT-Q. Okay. So who does that? 13:31 5 RT-A. QLS. 6 RT-Q. QLS? 7 RT-A. Correct. 8 RT-Q. So it's there's the company that cries the 9 sale and posts it, and/or their agent, right? 13:31 10 RT-A. Correct. 11 RT-Q. And then they get -- you know, they take the 12 money and get the information from the person who made 13 the #high bid then, correct? 14 RT-A. Correct. 13:31 15 RT-Q. And then how is that information then 16 transmitted to QLS? 17 RT-A. The results of that sale are transmitted 18 electronically, e-mail, and then the funds -- if the 19 property goes to a third party, then the funds that are 13:32 20 tendered at the sale are overnighted to QLS. 21 RT-Q. In San Diego? 22 RT-A. Correct. 23 RT-Q. And then it's at that point that QLS of San 24 Diego prepares the actual notice of -- excuse me, the 13:32 25 trustee sale deed? 15 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:32 1 RT-A. Correct, trustee's deed upon sale. 2 RT-Q. Deed upon sale, yeah. I'm sorry. 3 And then it would be QLS in San Diego, also, that 4 transmitted that document for recording, correct? 13:32 5 RT-A. In the case of a third party sale? 6 RT-Q. Uh-huh. 7 RT-A. We would generate the trustee's deed upon 8 sale, but we would forward that document to the 9 purchaser. 13:33 10 RT-Q. Oh, okay. And it's up to them to record it? 11 RT-A. That's correct. 12 RT-Q. Okay. And then how does QLS complete its 13 involvement, then, in a foreclosure sale given the fact 14 scenario that we have just been discussing, a 13:33 15 third-party purchase? 16 RT-A. Any funds -- any funds that are due to the 17 lender as proceeds of that sale would be transferred to 18 them. We would produce the trustees deed upon sale, and 19 then essentially at that point QLS is done with the 13:34 20 file. If there are excess proceeds or surplus funds 21 generated from the third-party sale, those funds would 22 be then deposited to the court through our attorneys 23 McCarthy & Holthus. 24 RT-Q. Okay. And would that be done through 13:34 25 McCarthy Holthus in San Diego or McCarthy & Holthus in 16 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:34 1 Washington? 2 RT-A. In Washington. 3 RT-Q. Just one second. I'm going over my notes. 4 And do you have the file for this case in front of 13:34 5 you? 6 RT-A. Not in its entirety. 7 RT-Q. Okay. What do you have? 8 RT-A. I have copies of the procedural documents. 9 RT-Q. And what do you mean by procedural document? 13:35 10 RT-A. The substitution, the notice of default, the 11 notice of sale, I have copies of the mailing affidavits, 12 the declaration or affidavit of posting and publication. 13 We would have a copy of the deed of trust and -- 14 RT-Q. And -- 13:35 15 RT-A. And assignments of the deed of trust. 16 RT-Q. Okay. All right. So since you're there, 17 I'm going to kind of have to -- I'll designate documents 18 that we are going to look at and talk about, and then 19 you're going to have to give the copies to the court 13:36 20 reporter to mark them as exhibits okay? 21 RT-A. Okay. 22 RT-Q. Okay. So -- and I guess I should ask you, 23 what part of the file is it that you don't have in front 24 of you? 13:36 25 RT-A. I don't have any of the notes that might be 17 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:36 1 documented within the file -- 2 RT-Q. Okay. 3 RT-A. #Any other correspondence that might have 4 occurred during the file between any of the parties that 13:36 5 were involved. 6 RT-Q. Okay. And would that include e-mails? 7 RT-A. Correct. 8 RT-Q. And is there a reason why you don't have 9 that stuff? 13:36 10 MR. GOULDING: Objection, calls for speculation. 11 Well, I shouldn't say that because it doesn't. 12 Melissa, there weren't any documents requested to be 13 brought. Nothing was asked to be produced, so we 14 attempted to produce what documents we thought would be 13:37 15 relevant to your deposition. 16 MS. HUELSMAN: Oh, okay. 17 MR. GOULDING: And that's why we put these 18 together. We tried to grab what we thought you would be 19 looking at since you didn't ask us to produce anything. 13:37 20 MS. HUELSMAN: Okay. Well, I just -- it just came 21 down to Matt and I because we were talking about the 22 documents that would be responsive to the questions that 23 I was going to ask on the notice. So I think we should 24 be fine with the documents it looks like you have, and 13:37 25 I'll follow up with Matt on any others. 18 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:37 1 MR. GOULDING: And if I can, Melissa, I -- I have 2 the documents in a format that if we could -- I don't 3 want to necessarily -- I'll let you go and we will go 4 from there. Never mind. 13:37 5 MS. HUELSMAN: Are you sure? 6 MR. GOULDING: No, that's okay. I don't want to 7 take over how you want to proceed with this, so go 8 ahead. 9 MS. HUELSMAN: Well, we will just go ahead and work 13:37 10 the best we can, and you tell me if you think it's 11 better for me to do something else, okay? 12 MR. GOULDING: All right. 13 MS. HUELSMAN: 14 RT-Q. Okay. So just tell me what the first step 13:38 15 is that QLS did with regard to this particular 16 transaction. What's the first thing it did? 17 MR. GOULDING: When you say "the first thing you 18 did," again, I assume you want him to look at the 19 documents. And he's described the process and I don't 13:38 20 want to testify for Dave, but I think he'll testify that 21 the process was just how he explained it. 22 MS. HUELSMAN: We need to go through the documents 23 in this case. 24 RT-Q. So when did QLS get notice to begin work on 13:38 25 this file? 19 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:38 1 RT-A. I don't have that information in front of 2 me. 3 MS. HUELSMAN: Well, I mean, that -- I mean, Dan, 4 that is encompassed by my notice of deposition, that 13:38 5 that's what I wanted him to testify about. Whether it 6 takes documents or not, you know, this is part of the 36 7 steps that I said I wanted to ask about. 8 MR. GOULDING: And again, we're trying to do this 9 deposition as cooperatively as possible, I think. 13:39 10 MS. HUELSMAN: I know, and I'm not accusatory. I'm 11 just identifying -- 12 MR. GOULDING: I understand. 13 MS. HUELSMAN: It clearly says that all matters 14 related to QLS involvement in the foreclosure complained 13:39 15 of in this case. I don't care whether it takes the 16 deponent to look at documents or not, but I'm allowed to 17 ask these questions. But it's clearly encompassed by 18 what I indicated I was going to ask about. 19 MR. GOULDING: We can testify that it was sometime 13:39 20 prior to the recordation of notice of default. If you 21 want something else with regard to the specific date 22 upon which that referral came, if that has some 23 relevancy to the complaint, then so be it. But I don't 24 know. In other words, do you want us to stop the 13:39 25 deposition now and have Dave go look? Because he's 20 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:39 1 testified that he doesn't know and that's apparently 2 going to occur a few times as we go for based upon what 3 he doesn't have. 4 If the date is really that critical, I guess we can 13:39 5 get it, but at the same time, we have have to assume 6 that he -- that he received the communication from the 7 lender to proceed prior to the recording of the NOD, and 8 if that's not sufficient, let me know. 9 MS. HUELSMAN: Well, do you have the file there so 13:40 10 he can go get it so he has a frame of reference so he 11 can answer my question? 12 MR. GOULDING: Well, Dave can testify to this, but 13 the files of QLS are maintained in a paperless format. 14 So it would be on a computer system that these documents 13:40 15 would have to be generated from. It's not as if they 16 have a hard copy file that we can go pull like we used 17 to maintain in the old days. 18 MS. HUELSMAN: So is it physically impossible for 19 him to get access to information that I might need to 13:40 20 talk about? I mean, is that what you're telling me? 21 MR. GOULDING: Well, no. 22 MS. HUELSMAN: At the moment. 23 MR. GOULDING: It's not physically impossible. 24 It's not physically impossible for him to get access to 13:40 25 it. What I'm concerned with is the timing of how we're 21 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:40 1 going to proceed today. If you need to know that date, 2 then we can get it. But do we want to stop the 3 deposition right now and have him go to a computer find 4 that portion of the file and -- 13:41 5 MS. HUELSMAN: No. I mean, that date may or may 6 not -- may be critical. Certainly we can agree he can 7 fill that in after the fact. I'm fine with that. But 8 what I'm concerned with is we're going to run into a 9 situation where every time I ask a specific question 13:41 10 about this particular file, he says he doesn't know 11 because he doesn't have it in front of him. That's what 12 I'm concerned with. 13 MR. GOULDING: Well, and I know you had said that 14 it was a conversation between you and Matt and what was 13:41 15 required to be available. We do not have -- 16 MS. HUELSMAN: Well, Dan, my point is not -- is not 17 about documents right now. What I'm talking about is I 18 did a #30 B six notice that described, you know, what 19 things I wanted to ask about, and it says, "All matters 13:41 20 related to this file." So that means that the deponent 21 that's in front of me is supposed to be somebody who can 22 talk to me about this particular file with specificity, 23 not just give me a general description and say, you 24 know, "This meets our general description of what 13:42 25 happened. You go figure it out." You know? 22 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:42 1 MR. GOULDING: Well -- 2 MS. HUELSMAN: And again, I'm trying to work with 3 you here, but, look, I did a notice of deposition and I 4 described what I wanted to ask about, so I need the 13:42 5 person who's going to answer that question for me. 6 MR. GOULDING: Tell me what you want to do, 7 Melissa. If you want us to stop the deposition and go 8 find out when the referral came through, we can do that. 9 MS. HUELSMAN: Okay. Well, as I've said, Dan, that 13:42 10 is not the mission critical question. So why don't we 11 try and do this and see if we can get through this with 12 him not having access to this information. And if not, 13 we're going to have to try and figure out what we're 14 going going to do, okay? 13:42 15 MR. GOULDING: Okay. 16 MS. HUELSMAN: 17 RT-Q. All right. So you think that the referral 18 for this would have come in sometime after the notice of 19 default -- I mean before the notice of default was 13:42 20 entered, correct? 21 RT-A. Correct. 22 RT-Q. So what I'm going to do is ask you to get 23 back to me, essentially, I guess, maybe in response to 24 an interrogatory. Is that the way we can handle it? 13:43 25 And that's how you can tell me the date of it after he 23 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:43 1 goes back and checks, okay? 2 RT-A. Okay. 3 MS. HUELSMAN: I'm sorry. Was that okay? 4 MR. GOULDING: Okay. That's okay. If you -- do 13:43 5 you want to leave a blank? However you want to do it, 6 we can provide you with that date. 7 MS. HUELSMAN: Okay. How -- why don't we ask the 8 court reporter how best it would be for her to handle 9 it. I've never had to do something like this. 13:43 10 MR. GOULDING: Let me say this, too: Maybe you can 11 ask Dave, "Upon receipt of a referral, what is the 12 common amount of time that would pass from the referral 13 coming in to the NOD going out?" 14 MS. HUELSMAN: Sure. And I will ask that question. 13:43 15 I still would like to know the dates. 16 Madam Court Reporter, can you tell me how you 17 handle something like this normally. 18 THE REPORTER: Whatever is your preference. 19 MS. HUELSMAN: So, Dan, why don't we just agree 13:44 20 that you will provide me with the supplement to that, 21 and if we wind up there being anything else, we will 22 agree that you will do it in response to a written 23 interrogatory, stick it on a pleading and we will make a 24 note where it can be inserted in the deposition 13:44 25 transcript, okay? 24 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:44 1 MR. GOULDING: We will leave a blank in the 2 deposition transcript. We will leave a blank where it 3 says the date of the commencement of a non judicial 4 foreclosure. 13:44 5 MS. HUELSMAN: I'm fine with that as long as the 6 court reporter is fine with it. 7 THE REPORTER: No problem. 8 MS. HUELSMAN: Okay. Great. 9 RT-Q. So when was the notice of default in this 13:44 10 case created? 11 RT-A. One second. I'm looking for that document. 12 MS. HUELSMAN: That's fine. 13 THE WITNESS: The notice of default was generated 14 on April 28, 2006. 13:45 15 MS. HUELSMAN: 16 RT-Q. And can you identify who at QLS created that 17 document? 18 RT-A. I don't know who created it. 19 RT-Q. Okay. It was signed by Debra -- is it 13:45 20 Dente, Sr. -- 21 RT-A. That's -- 22 RT-Q. -- Trustee Sale Officer? 23 RT-A. That's correct. 24 RT-Q. And it indicates -- 13:45 25 MR. GARBRIELSON: On the record, Madam Reporter, if 25 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:45 1 we're dealing with exhibits, I guess I'm just going to 2 have to be provided the deposition exhibits. 3 MS. HUELSMAN: Just one second. 4 RT-Q. So the signature on -- the signature on this 13:47 5 document indicates that it looks like someone else 6 signed it for Ms. Dente, it appears? 7 RT-A. Correct. 8 RT-Q. And is that -- I'm probably going to butcher 9 the poor woman's name #Tanina Ingariola? 13:47 10 RT-A. I believe that is correct. 11 MS. HUELSMAN: And for the court reporter, it's 12 T-A-N-I-N-A, and the last name is I-N-G-A-R-G-I-O-LA. 13 THE REPORTER: Thank you. 14 MS. HUELSMAN: 13:47 15 RT-Q. Okay. All right. And it indicates that 16 Ms. Dente and/or Ms. Ingariola are signing on behalf of 17 QLS as the agent for J.P. Morgan Chase, the beneficiary; 18 is that correct? 19 RT-A. Correct. 13:48 20 RT-Q. And under what authority did QLS have to act 21 as the agent for J.P. Morgan Chase? 22 MR. GOULDING: Objection, calls for a legal 23 conclusion. 24 You can answer the question if you know the answer. 13:48 25 MS. HUELSMAN: Go ahead. 26 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:48 1 THE WITNESS: I didn't hear. I'm sorry. Were you 2 going to say something? 3 MS. HUELSMAN: 4 RT-Q. Well, are you instructing him not to answer 13:48 5 the question? 6 MR. GOULDING: I am not. 7 MS. HUELSMAN: Oh, okay. Well, then I was waiting 8 for his answer. 9 THE WITNESS: Could you ask the question again, 13:48 10 please? 11 MS. HUELSMAN: 12 RT-Q. Sure. 13 Under -- how did QLS have authority to act as an 14 agent for J.P. Morgan Chase? 13:48 15 MR. GOULDING: Same objection. 16 THE WITNESS: We were -- through the referral, the 17 foreclosure referral, we were requested to initiate the 18 foreclosure. 19 MS. HUELSMAN: 13:48 20 RT-Q. Okay. And it was J.P. Morgan Chase that 21 requested that QLS -- I'm sorry. I'm fumbling over my 22 words. So was it J.P. Morgan Chase that requested QLS 23 to begin the foreclosure process? 24 RT-A. No. 13:49 25 RT-Q. Who was it? 27 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:49 1 RT-A. It was EMC Mortgage Corporation as servicing 2 agent for J.P. Morgan. 3 RT-Q. Okay. So did EMC give QLS agency authority 4 to act on its behalf? 13:49 5 MR. GOULDING: If you understand the question -- 6 again, calls for a legal conclusion. 7 MS. HUELSMAN: I'm sorry, Dan, I couldn't hear you. 8 MR. GOULDING: I said, again, if he knows. It 9 calls for a legal conclusion, but he can answer. 13:49 10 THE WITNESS: We acted based off of the foreclosure 11 referral that was forwarded to us. 12 MS. HUELSMAN: 13 RT-Q. Okay. And did that referral say, "We, 14 EMC -- I'm paraphrasing, but, you know, "We, EMC give 13:50 15 QLS authority to act as our agent and as the agent for 16 J.P. Morgan"? 17 MR. GOULDING: If you know. 18 THE WITNESS: No. 19 MS. HUELSMAN: 13:50 20 RT-Q. Do you have a document that includes the 21 referral in your possession right now? 22 RT-A. No. 23 RT-Q. Okay. And how would that referral have 24 come? Would it have come through e-mail or a letter 13:50 25 transmittal or come through some other process? 28 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:50 1 RT-A. It would have come in the form of a letter 2 through an electronic transmission. 3 RT-Q. So by e-mail? 4 RT-A. Not by e-mail. It would come through 13:50 5 another internet-based program. It's called New Trak. 6 RT-Q. Okay. Can you spell that for me, please? 7 RT-A. N-E-W T-R-A-K. 8 RT-Q. Just excuse me one second. I'm sorry. 9 We're back in front of you. I was talking to 13:51 10 Mr. Gabrielson for a second. 11 So the letter from EMC would have come 12 electronically through this other system, New Trak, 13 correct? 14 RT-A. Correct. 13:51 15 RT-Q. Hello? 16 RT-A. That's correct. 17 RT-Q. Okay. All right. And is this -- can you 18 tell me what New Trak is? 19 RT-A. New Trak is a -- it's a web based program 13:52 20 that acts as a communication device between Quality Loan 21 Service and in this case EMC Mortgage. 22 RT-Q. Okay. And does it allow QLS to communicate 23 with other lenders or servicers? 24 RT-A. Yes. 13:52 25 RT-Q. Can you just briefly describe to me how that 29 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:52 1 process works? 2 RT-A. It's an application that we would log onto 3 through the internet, and it will provide new 4 foreclosure referrals to us, and then we will update the 13:52 5 system to give the lender basic status information on 6 where the foreclosure is at. 7 RT-Q. Okay. All right. So you said you didn't 8 have in front of you the -- I guess it would be the 9 letter that caused this file to be opened, correct? 13:53 10 RT-A. Correct. 11 RT-Q. Okay. So then that referral came in from 12 EMC, and that's what caused QLS to create and sign the 13 notice of default, correct? 14 RT-A. Correct. 13:53 15 RT-Q. Okay. And before QLS does that notice of 16 default and signs the document indicating it's acting as 17 the agent for J.P. Morgan or any other lender, does it 18 check the title or the history on the property in 19 question? 13:53 20 RT-A. Not before producing the notice of default. 21 RT-Q. Okay. So QLS doesn't necessarily know -- 22 didn't necessarily know when it got this referral from 23 EMC whether or not EMC or J.P. Morgan Chase had 24 beneficiary rights or servicing rights or anything else, 13:54 25 correct? 30 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:54 1 RT-A. Correct. 2 RT-Q. So does EMC, when it sends this transmittal 3 letter, does it send any other documentation along with 4 the letter? 13:54 5 RT-A. Yes. 6 RT-Q. What does it send? 7 RT-A. We will usually get a copy of the deed of 8 trust, the note, and various other information related 9 to the loan and its status. 13:54 10 RT-Q. Okay. And what is that various other 11 information? 12 RT-A. The due date of the amount of -- loan 13 amount, interest rates, unpaid balance, any advanced 14 information they may have made or suspense monies that 13:54 15 they might be holding. 16 RT-Q. Okay. Anything else? 17 RT-A. There could be, you know, a type of 18 property, occupancy status, you know, various 19 information just on the property and loan itself. 13:55 20 RT-Q. Okay. Do you have a copy of the original 21 deed of trust with you there? 22 RT-A. Yes. 23 RT-Q. Can you take that document out? 24 RT-A. Okay. 13:55 25 RT-Q. And when I'm looking at that document -- 31 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:55 1 MS. HUELSMAN: Just a minute. I need to -- just 2 one second, Gabe. 3 We will go ahead and mark the deed of trust as 4 Exhibit Number 2. [EXH-2] 13:56 5 RT-Q. So in looking at this document, it indicates 6 that the lender and the beneficiary of the deed of trust 7 is Wells Fargo Home Mortgage, Incorporated; is that 8 correct? 9 RT-A. Yes. 13:56 10 RT-Q. And the trustee is H and L Services, Inc., 11 correct? 12 RT-A. It appears so. The copy I have is a little 13 bit blurry, but that looks like what it says. 14 RT-Q. Okay. 13:56 15 MS. HUELSMAN: And for the court reporter, that's 16 the letter H the word "and" and the letter L, Services 17 Inc. 18 RT-Q. All right. And so is this -- you got a copy 19 of this document from EMC? 13:56 20 RT-A. I don't know for a fact that I did. 21 Typically we do. 22 RT-Q. Okay. And did QLS also get any assignment 23 documents indicating that the loan had been assigned to 24 either J.P. Morgan Chase and/or EMC when it got its 13:57 25 first batch of documents? 32 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 13:57 1 RT-A. Again, I don't know for a fact we did. But 2 we typically do get those types of documents, too. 3 RT-Q. So you don't -- but do you have an 4 assignment there in your documents? 13:57 5 RT-A. Yes, I do. 6 RT-Q. Okay. And what assignment is that? 7 RT-A. There are actually two assignments. 8 RT-Q. Okay. 9 RT-A. I don't know if you need me to describe them 13:57 10 or. 11 RT-Q. Yeah, well, tell me the two that you're 12 looking at to make sure we're looking at the same 13 document. 14 RT-A. I have an assignment from Wells Fargo Home 13:58 15 Mortgage, Inc., to EMC Mortgage Corporation, and a 16 second an assignment from EMC Mortgage Corporation to 17 J.P. Morgan Chase Bank NA. 18 RT-Q. Hang on one second, you know, because 19 we're -- we're in two different places. I want to make 13:58 20 sure I have the right one. 21 MR. GOULDING: We're waiting on you. 22 (A discussion is held off the record.) 23 MS. HUELSMAN: And I'm looking for the two. 24 MR. GOULDING: And what I have done, Melissa, I 14:00 25 have marked as Exhibit 3 the assignment from Wells Fargo 33 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:00 1 to EMC, and I've marked as Exhibit 4 the assignment from 2 EMC to J.P. Morgan. 3 MS. HUELSMAN: Okay. Hang on a second because I -- 4 my fault. 14:00 5 MR. GOULDING: We can let you look at ours. 6 MS. HUELSMAN: Oh, you're a funny man. Hang on a 7 second. It wasn't in the stack that I thought it was 8 in. Give me a second. I apologize. 9 MS. HUELSMAN: Sorry about that. That's what 14:02 10 happens. 11 Everybody here? 12 All right, everybody, I apologize. I'm running 13 around like a mad woman all day. 14 So you marked the one from -- tell me again, Dan. 14:02 15 I apologize. 16 MR. GOULDING: Exhibit 3 is the assignment from 17 Wells Fargo to EMC. Exhibit 4 is the assignment from 18 EMC to J.P. Morgan. 19 MS. HUELSMAN: Okay. All right. Now we're back on 14:03 20 track. 21 RT-Q. Okay. So in looking at Exhibit 3 -- 22 actually, on the notice of default that we were looking 23 at, that is dated or it was signed on April 28, 2006, 24 correct? 14:03 25 RT-A. One second. I have to get back to that 34 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:04 1 date -- April 25th, 2006? 2 MS. HUELSMAN: 3 RT-Q. Right. 4 Is that your understanding? Correct? 14:04 5 RT-A. Yes. 6 RT-Q. So the assignment of deed of trust from 7 Wells Fargo to EMC, looks to me like it's dated March -- 8 March 3rd, 2005. Is that what you see? 9 RT-A. Correct. 14:04 10 RT-Q. But it's not recorded, when I look at the 11 first page, in King County until May 19th, 2006. 12 RT-A. I see June 19th. 13 RT-Q. Okay. Well, I can't make out whether it's a 14 "5" or a "6." 14:04 15 MR. GARBRIELSON: This is Owen Gabrielson. The 16 document recording number is 20060619001712, and the 17 0619 following the 2006 corresponds to the date of 18 June 19th. I think counsel is looking at the date below 19 that's above King County, Washington, and it almost 14:05 20 looks at like a 5-19. But it looks like from the 21 document number that it was recorded on June 19th. 22 Sorry, Counsel. Please proceed. 23 MS. HUELSMAN: 24 RT-Q. In any event, Mr. Owen -- 14:05 25 RT-A. That's correct. 35 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:05 1 RT-Q. So was it QLS that arranged to have this 2 document recorded by -- it looks like Fidelity National 3 Title? 4 RT-A. I don't know that from the information I 14:06 5 have in front of me. 6 RT-Q. Okay. Can we leave that blank, also, and 7 can you answer that question after the fact? 8 RT-A. Yes. 9 Space space. 14:06 10 MS. HUELSMAN: 11 RT-Q. Okay. And then the assignment of deed of 12 trust from EMC to J.P. Morgan Chase -- that's Exhibit 4. 13 Do you have that document. 14 RT-A. Yes. 14:06 15 RT-Q. And the date of that document appears to be 16 October 20th, 2005. 17 RT-A. Correct. 18 RT-Q. Yes? 19 RT-A. Yes. 14:07 20 RT-Q. Just one second. I forgot to have the cover 21 page copied. 22 Okay. This document was recorded on -- also on 23 June 19th, 2006, correct? 24 RT-A. Correct. 14:08 25 RT-Q. Okay. And again, I assume you don't know if 36 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:08 1 you or QLS is the one that caused this document to be 2 recorded as well, correct? 3 RT-A. Correct. 4 RT-Q. So you're going to get back to me on that as 14:08 5 well? 6 RT-A. Yes. 7 RT-Q. So it is through these documents, then, that 8 ultimately the assignment came to QLS, correct? 9 MR. GOULDING: Objection, vague and ambiguous. 14:08 10 If you understand the question, Dave -- 11 THE WITNESS: I'm not sure what you mean by the 12 assignment came to QLS. 13 MS. HUELSMAN: 14 RT-Q. Well, QLS signed the notice of default 14:09 15 contending that it was actually the agent for J.P. 16 Morgan, correct? 17 RT-A. Correct. 18 RT-Q. And you said that QLS got the authority from 19 EMC to send it to QLS on behalf of J.P. Morgan to have 14:09 20 QLS begin the foreclosure process; is that correct? 21 RT-A. Correct. 22 RT-Q. So in order for J.P. Morgan to have the 23 ability to instruct QLS through EMC to commence the 24 foreclosure sale, it had to be the owner of the note in 14:09 25 question, correct? 37 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:09 1 MR. GOULDING: Objection, calls for a legal 2 conclusion. 3 But to the extent that you know, Dave, go ahead. 4 THE WITNESS: Can you ask the question again. 14:09 5 MS. HUELSMAN: Yes. And I'm sorry, I'm trying to 6 go slow to make sure that I say it properly. 7 RT-Q. So in order for QLS to sign the notice of 8 default on behalf -- acting as an agent for J.P. Morgan 9 Chase, J.P. Morgan Chase has to be the owner of the 14:10 10 note, correct? 11 MR. GOULDING: Objection, calls for a legal 12 conclusion. 13 Go ahead, Dave. 14 THE WITNESS: That's correct. 14:10 15 MS. HUELSMAN: 16 RT-Q. Okay. Because is it your understanding that 17 only the owner of a note and the entity that has the 18 ownership #right of deed of trust can commence a 19 foreclosure sale? 14:10 20 RT-A. Correct. 21 RT-Q. All right. Now, turning your attention 22 to -- do you have the appointment of successor trust 23 deed document that is dated from 2005 -- February 24, 24 2005 from standard trust deed service -- I mean with 14:10 25 Standard Trust Deed Service up in the upper left-hand 38 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:10 1 corner. Do you have that one? 2 RT-A. I don't believe I have that document. 3 MR. GOULDING: What document was that again, 4 Melissa? 14:11 5 MS. HUELSMAN: It's an appointment of successor 6 trustee document that was dated from February 24th, 7 2005. 8 MR. GOULDING: We only have one appointment of 9 successor trustee with us today. 14:11 10 MS. HUELSMAN: And that's the one from QLS that -- 11 appointing QLS? 12 MR. GOULDING: That's correct. 13 MS. HUELSMAN: Okay. And so I will just tell you, 14 by the way, that the one -- the copy I actually have is 14:11 15 a 2005 one that I'm referencing was actually in the 16 packet of documents that Matt had sent over to me and it 17 was also part of the documents that were supposedly sent 18 out with the notice of default notice of foreclosure. 19 Okay? 14:11 20 MR. GOULDING: Okay. 21 MS. HUELSMAN: All right. 22 RT-Q. So the one you have in front of you is dated 23 as being recorded on June 1st, 2006, correct? 24 RT-A. Correct. 14:11 25 RT-Q. Okay. And that document indicates that QLS 39 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:12 1 is being appointed as the successor trustee and it's 2 signed by Marie Jackie J A C q u e Thompson, assistant 3 vice president, apparently, of EMC. And it looks like 4 she's signing for J.P. Morgan Chase by EMC, the 14:12 5 servicer. Is that your understanding of the document? 6 RT-A. Yes. 7 RT-Q. So we're going to mark that as Exhibit 5. 8 [EXH-5] 9 Okay. So -- and her signature is dated May 30th, 14:12 10 2006, correct? 11 RT-A. Correct. 12 RT-Q. And looks like we're -- it was done in 13 Texas, Dallas. So did QLS have this document recorded? 14 RT-A. Yes. 14:13 15 RT-Q. Okay. So is this the date, I guess -- May 16 30th, 2006, is that the date on which QLS was appointed 17 as the trustee by J.P. Morgan Chase? 18 RT-A. Yes. 19 RT-Q. Are there any other documents, whether it's 14:13 20 an assignment or any other writing signed by somebody on 21 behalf of EMC or J.P. Morgan Chase which gives QLS 22 authority to act on its behalf -- on its behalf besides 23 this document? 24 MR. GOULDING: In this transaction? 14:13 25 MS. HUELSMAN: In this transaction, yes. 40 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:13 1 THE WITNESS: And I'm sorry, could you ask the 2 question again. 3 MS. HUELSMAN: Madam Court Reporter, read it back. 4 (The record is read by the reporter.) 14:14 5 THE WITNESS: No. 6 I don't know if you heard. I said "no." 7 MS. HUELSMAN: I didn't hear. Thank you. I 8 appreciate that. 9 RT-Q. All right. So then the notice of default 14:15 10 was sent out. And you have documents indicating when it 11 was actually sent to Ms. Holmes. And I'm not talking 12 about the notice of default. 13 RT-A. The mailing affidavit -- 14 RT-Q. Okay. 14:15 15 RT-A. -- which indicates it was mailed to her on 16 April 28th, 2006. 17 RT-Q. And is that -- are you referring to the 18 mailing affidavit that's part of the actual notice of 19 default? 14:15 20 RT-A. I'm sorry, your question broke up in the 21 middle. 22 RT-Q. Oh, sure. 23 Are you referring to the mailing affidavit that's 24 actually part of the notice of default? 14:15 25 MR. GOULDING: What do you mean by part -- 41 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:15 1 objection, vague and ambiguous. 2 MS. HUELSMAN: 3 RT-Q. Okay. Well, what document are you referring 4 to? 14:15 5 RT-A. I'm looking at a mailing affidavit dated 6 April 28th, 2006, which indicates that the document that 7 was mailed was the notice of default. 8 RT-Q. Okay. So what you're saying is that the 9 document, that's separate from the notice of default? 14:16 10 RT-A. Correct. 11 RT-Q. Correct? 12 RT-A. That's correct. 13 RT-Q. Okay. So -- and what date was that? 14 THE REPORTER: "What date was that?" 14:16 15 THE WITNESS: What date was what? 16 MS. HUELSMAN: 17 RT-Q. The affidavit that you're referring to. 18 RT-A. April 28, 2006. 19 RT-Q. Okay. All right. So how did QLS receive 14:16 20 notice that it should proceed with the foreclosure sale 21 after sending out of the notice of defaults? 22 MR. GOULDING: Objection, vague and ambiguous. 23 MS. HUELSMAN: 24 RT-Q. Okay. Mr. Owen -- 14:17 25 RT-A. I don't understand the question. 42 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:17 1 RT-Q. Well, QLS proceeded with the foreclosure 2 sale in June of 2006, correct? 3 RT-A. Correct. 4 RT-Q. Okay. Well -- 14:17 5 MR. GOULDING: Not June. 6 MS. HUELSMAN: 7 RT-Q. If Ms. Holmes had cured the default, would 8 the payment have been made to QLS? 9 RT-A. Possibly. 14:17 10 RT-Q. Okay. But it also could have been made 11 directly to EMC, correct? 12 RT-A. Correct. 13 RT-Q. So did QLS have to receive an instruction in 14 order to proceed with the foreclosure sale? 14:17 15 RT-A. We would have received bidding instructions 16 when -- prior to the foreclosure sale. 17 RT-Q. Well, didn't QLS issue notice of trustee 18 sale on June 3rd, 2006? 19 RT-A. Yes. 14:18 20 RT-Q. Did it just do so on its own because it felt 21 like it or did somebody tell it to do it? 22 RT-A. We would have generated the notice of sale 23 immediately after the expiration of the notice of 24 default. 14:18 25 RT-Q. You mean you don't bother to wait and see if 43 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:18 1 somebody tells you if the amount has been cured? 2 MR. GOULDING: Objection, argumentative. 3 Go ahead. 4 THE WITNESS: We do not. We proceed. 14:18 5 MS. HUELSMAN: 6 RT-Q. If EMC had received payment, would they have 7 notified you? 8 RT-A. Yes. 9 RT-Q. How would they have notified you? 14:18 10 RT-A. Would normally have come in the form of a 11 communication from -- through New Trak. 12 RT-Q. What if Ms. Holmes had taken steps to 13 institute a lawsuit or otherwise; how would you proceed 14 with that? 14:19 15 MR. GOULDING: Objection, calls for speculation, 16 vague and ambiguous. 17 If you understand the question, go ahead. 18 THE WITNESS: We could receive notification in 19 various ways, either directly from the borrower, from 14:19 20 the borrower's attorney, if, in this case, EMC knew 21 about it before QLS did they, would have notified us in 22 a similar manner, through New Trak. 23 MS. HUELSMAN: 24 RT-Q. Okay. All right. And then ultimately was a 14:19 25 notice of trustee sale signed and issued by someone at 44 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:19 1 QLS? 2 MR. GOULDING: On this transaction? 3 MS. HUELSMAN: Yes, I'm talking about this 4 transaction. 14:20 5 THE WITNESS: Yes. 6 MS. HUELSMAN: 7 RT-Q. Okay. I'm going to have you look at the 8 document entitled notice of trustee sale. Do you have 9 that document? 14:20 10 RT-A. Not yet. One minute. 11 MS. HUELSMAN: Go ahead. Help yourself. Go ahead. 12 THE WITNESS: Okay. 13 MS. HUELSMAN: 14 RT-Q. Got it? 14:20 15 RT-A. Yes. 16 RT-Q. Okay. What date was that document signed? 17 RT-A. Notice of sale is dated June 2nd, 2006. 18 RT-Q. Yes. That's the one you have? 19 RT-A. Yes. 14:21 20 RT-Q. Okay. And we will mark that as Exhibit 6. 21 [EXH-6] 22 And the copy you have, is it a copy that's 23 recorded? 24 RT-A. Yes. 14:21 25 RT-Q. Okay. Just one second. Sorry. 45 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:21 1 So this one -- okay. This one was signed by Chris 2 Malapit -- am I saying that right? 3 RT-A. Yes. 4 MS. HUELSMAN: Okay. And for the court reporter, 14:21 5 that's M-A-L-A-P-I-T. 6 RT-Q. And is Mr. Malapit physically located in San 7 Diego? 8 RT-A. Yes. 9 RT-Q. And it was notarized by a gentleman -- I 14:22 10 think it's -- is it a man or woman, A. Ponce? So the 11 first initial A and the last name P-O-N-C-E; is that 12 right? 13 RT-A. Correct. 14 RT-Q. And is it a Mr. or Ms. Ponce? 14:22 15 RT-A. That is a Mr. 16 RT-Q. Okay. And so Mr. Ponce is also physically 17 located there in San Diego? 18 RT-A. Yes. 19 RT-Q. And my understanding is he was formerly a 14:22 20 employee of QLS? 21 RT-A. Yes. 22 RT-Q. And Mr. Malapit was as well, correct? 23 RT-A. And still is. 24 RT-Q. I'm sorry? 14:22 25 RT-A. Mr. Malapit is still an employee of QLS. 46 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:22 1 RT-Q. Yes. I'm sorry. I understood that. 2 So this document was signed and the date on this 3 document and the notarization is June 6, 2006. Do you 4 see that? 14:23 5 RT-A. Yes. 6 RT-Q. But if you turn to the first page where the 7 document is stamped by the King County recorde'rs 8 office, it's also stamped as being recorded on June 6, 9 2006. Do you see that? 14:23 10 RT-A. Yes. 11 RT-Q. Can you explain to me how a document signed 12 and notarized in San Diego on June 6th, 2006, was 13 recorded in King County on the same day? 14 MR. GOULDING: Objection, calls for speculation. 14:23 15 You can answer if you like. 16 THE WITNESS: I would have to assume that the date 17 on that document is incorrect. 18 MS. HUELSMAN: 19 RT-Q. Okay. And how much notice is required in 14:23 20 the state of Washington between the date of a notice of 21 trustee sale and the date that the foreclosure sale can 22 actually be met? 23 RT-A. I believe it's 90 days. 24 RT-Q. Okay. And when QLS -- and right now I'm 14:24 25 going to ask you a general question. Would QLS have its 47 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:24 1 agents conduct foreclosure sales in the state of 2 Washington, are there particular days on which those 3 sales are conducted or could it just be any day of the 4 week? 14:24 5 RT-A. I believe in Washington they are held on 6 Fridays. 7 RT-Q. And is there a set time that they are always 8 held on or does it, you know, depend on the county or 9 location? 14:24 10 RT-A. It depends on the county, the location and 11 when the agent is there and available to cry the sale. 12 RT-Q. Okay. But it does have to be at least 90 13 days from the date it was issued to the date it was -- 14 it is cried, correct? 14:25 15 RT-A. Yes. 16 RT-Q. Do you also have a document that's just 17 entitled notice of foreclosure? 18 MR. GOULDING: Melissa, I don't see we have any 19 document called notice of foreclosure. We have a 14:25 20 document that says on the front of it, Important 21 Document Alternatives to Foreclosure, but nothing that 22 says notice of foreclosure. 23 MS. HUELSMAN: 24 RT-Q. This is a document that was executed by 14:26 25 Mr. Malapit also in connection with it -- okay. And so 48 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:26 1 who was the agent that was acting on behalf of QLS in 2 this transaction? 3 RT-A. With respect to what? 4 RT-Q. Well, I guess anything in this transaction. 14:26 5 I mean, I can't tell. I need you to tell me who 6 would -- who was acting as the agent for the recording? 7 Who cried the sale? 8 RT-A. Those are all different entities. 9 RT-Q. Okay. Why don't you tell me who they all 14:26 10 are who recorded the document for -- 11 RT-A. It appears that we were using Fidelity 12 National Title. 13 RT-Q. Okay. And what was the entity that actually 14 posted and sent out notices of the foreclosure? 14:27 15 MR. GOULDING: Melissa, while he's looking for 16 that, can we take a one minute break? 17 MS. HUELSMAN: Oh, absolutely. 18 (A recess is taken.) 19 MR. GOULDING: We're back. 14:31 20 MS. HUELSMAN: Ready to go? 21 MR. GOULDING: Ready to go. 22 RT-Q. So do you have that affidavit of mailing for 23 the notice of trustee sale? 24 RT-A. Yes. Yes, I have it here. 14:31 25 RT-Q. Okay. So I'll mark that as Exhibit 7. 49 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:31 1 [EXH-7] 2 MR. GOULDING: Exhibit 7? I've mark the notice of 3 trustee sale as 7 since we talked about it. I thought 4 we had marked that as 7? 14:32 5 MS. HUELSMAN: That's fine. I might be off of my 6 numbering. 7 MR. GOULDING: And I have the mailing on the NOS as 8 8. 9 MR. GARBRIELSON: And what is Exhibit 7? 14:32 10 MR. GOULDING: I've marked Exhibit 7 as the notice 11 of trustee sale. 12 MS. HUELSMAN: I thought that was 6. 13 MR. GARBRIELSON: I have that marked as Exhibit 6. 14 MS. HUELSMAN: What do you have as Exhibit 6? 14:32 15 MR. GOULDING: Affidavit of mailing of the NOD. 16 MS. HUELSMAN: No. Okay. I'll get it. 17 MR. GARBRIELSON: Well, I need to have the exhibits 18 straight here. 19 MS. HUELSMAN: No one is trying to -- 14:32 20 MR. GARBRIELSON: If we could just go off the 21 record and get the exhibits straightened out. I really 22 appreciate it. 23 (A discussion is held off the record.) 24 MS. HUELSMAN: Back on the record. 14:33 25 RT-Q. So this affidavit of mailing is signed by 50 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:33 1 Mike #Terkio, correct? 2 RT-A. Correct. 3 RT-Q. My understanding is is he a former employee 4 of QLS. 14:34 5 RT-A. That's correct. 6 RT-Q. Okay. And this document indicates that the 7 notice of trustee sale was mailed from San Diego on 8 June 2nd, 2006; is that correct? 9 RT-A. Correct. 14:34 10 RT-Q. Now, do you have the audit report from 11 Ms. Ingariola? 12 RT-A. No. 13 RT-Q. Okay. And do you have any documentation 14 from a company called I.D. Solutions? 14:34 15 RT-A. No. 16 RT-Q. Do you know if that was one of the vendors 17 or the -- I guess agents that QLS used? 18 RT-A. I.D. Solutions is a -- is a company that 19 produced the process -- the foreclosure processing 14:35 20 program that we use. 21 RT-Q. Okay. And they don't actually do the work. 22 They just have the -- provide with you the software? 23 RT-A. Correct. 24 RT-Q. Who actually uses their software? Is it 14:35 25 QLS, then? 51 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:35 1 RT-A. That's correct. 2 RT-Q. And what about a entity -- I have here 3 Priority Posting and Publishing? 4 RT-A. Yes, that's the agent we used -- or the 14:35 5 company we used for the publishing posting and crying of 6 the sale. 7 RT-Q. Okay. So the invoice I show here is an 8 address in Tustin, California? 9 RT-A. Correct. 14:36 10 RT-Q. So do they have offices here in Washington? 11 RT-A. I don't know. 12 RT-Q. So QLS just pays Priority and Priority makes 13 arrangements for finding somebody physically here in 14 Washington to undertake this process, correct? 14:36 15 RT-A. Correct. 16 RT-Q. And by "this process," I meant the posting 17 and publishing. Correct? 18 RT-A. Correct. 19 RT-Q. And do you know who actually completed the 14:36 20 crying of this sale? 21 RT-A. No. 22 Did you hear that response? 23 RT-Q. No, I did not. I'm sorry. 24 RT-A. I don't know who cried it. 14:37 25 RT-Q. Okay. Do you know who Jake Patterson is? 52 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:37 1 RT-A. No. 2 RT-Q. Do you know if QLS used the services of 3 Gary's Process Service to do any posting or publishing? 4 RT-A. QLS did not. Priority might have. 14:37 5 RT-Q. Okay. And do you know who received the 6 funds in this sale? 7 RT-A. At the sale site? 8 RT-Q. Well, yes. 9 RT-A. I don't know a name. The agent crying the 14:38 10 sale would have recieved those funds. 11 RT-Q. Okay. And then ultimately were those funds 12 transmitted to QLS? 13 RT-A. Yes, they would have been. 14 RT-Q. Okay. You just don't have the records to 14:38 15 show who transmitted those funds? 16 RT-A. No. 17 RT-Q. Okay. Can you fill that in for me 18 afterwards also? 19 MR. GOULDING: Is the information related to who 14:38 20 actually transmitted the funds going to be there? Will 21 there be a name? 22 THE WITNESS: There might not be a name of who 23 actually transmitted the funds. We should have 24 information as far as the name of the person who cried 14:38 25 the sale. 53 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:38 1 MS. HUELSMAN: Okay. 2 Space space. 3 MS. HUELSMAN: 4 RT-Q. Now, are the funds transmitted to you 14:38 5 physically, people have a check, you know, and -- the 6 cashier's check, et cetera? So is that how it's 7 transmitted to you, QLS, the actual check or, you know, 8 is it deposited or done electronically? 9 RT-A. They will forward the actual checks received 14:39 10 to our office. 11 RT-Q. And who are those checks made payable to? 12 RT-A. The checks received in -- on this case? I 13 don't know. 14 RT-Q. Yes. 14:39 15 RT-A. I don't have those in front of me. 16 RT-Q. As a standard procedure, would it be made 17 payable to QLS or EMC or J.P. Morgan, or who? 18 RT-A. Standard procedure, they would need to be 19 payable to QLS. 14:39 20 RT-Q. Okay. And then QLS, in turn, transmits 21 those funds to EMC or J.P. Morgan or whoever? 22 RT-A. Yes, we would deposit them and then forward 23 those funds on. 24 RT-Q. Okay. And do you have the sheet for 14:39 25 disbursement instructions? 54 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:39 1 RT-A. No. 2 RT-Q. And do you have any of the records regarding 3 transmittal of the excess funds to, I guess probably 4 McCarthy Holthus to deposit some with the court? 14:40 5 RT-A. No. 6 RT-Q. Do you have any invoicing that QLS submitted 7 for work on this case? 8 RT-A. No. 9 RT-Q. All right. Do you know when the sale was 14:40 10 actually cried? 11 RT-A. All you have is the date and time as stated 12 on the notice of sale. 13 RT-Q. Okay. September 1st, 2006? 14 RT-A. Let me look at it. Just a minute. 14:40 15 RT-Q. Okay. 16 RT-A. Yes, September 1st, 2006 at 10:00 a.m. 17 RT-Q. Okay. Now, when we were talking a little 18 bit ago, we looked at the notice of trustee sale, and I 19 was asking you about the apparent inconsistencies in the 14:41 20 dating of the document with the day it was recorded. 21 RT-A. Yes. 22 RT-Q. Does QLS have policies and procedures that 23 its employees are required to follow in connection with 24 preparing and executing the serving of a notice of 14:41 25 trustee sale? 55 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:41 1 RT-A. Yes. 2 RT-Q. And can you give me a description regarding, 3 I guess -- well, actually, let me ask you a question -- 4 Strike that. 14:42 5 When QLS employees execute a notice of trustee sale 6 like Mr. Malapit did here on this one, are they required 7 to have the date correct before they sign it? 8 RT-A. Yes. 9 RT-Q. Okay. And do you have any separate policies 14:42 10 or procedures regarding notarization done by QLS 11 employees that the date is supposed to be correct; in 12 other words, the day they are signing it is supposed to 13 be the date that is indicated on the document? 14 RT-A. Yes. 14:42 15 RT-Q. Okay. And this document, does it appear 16 that the dates are incorrect? 17 RT-A. It would appear so. 18 RT-Q. And is that because it's physically 19 impossible absent putting this document on a plane and 14:42 20 flying it up here that it could have been signed in 21 California and recorded on the same date in King County 22 Washington? Correct? 23 RT-A. Correct. 24 RT-Q. Can you tell me the reason that QLS has 14:43 25 policies and procedures requiring dates to be correct 56 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:43 1 like -- on documents like a trustee sale that the dates 2 need to be correct when executed? 3 RT-A. They are -- they are just supposed to be 4 signed and executed on the day the document is -- the 14:43 5 date that the document is being signed. It should be 6 dated properly. 7 RT-Q. Is it important because it needs to comply 8 with Washington law regarding foreclosures? 9 RT-A. I'm not sure I understand that question. 14:43 10 RT-Q. Well, in other words, is it important that 11 they date the documents correctly just because QLS wants 12 it to be always dated correctly or is it important 13 because it needs to be dated correctly in order to 14 comply with Washington law? 14:43 15 RT-A. Well, it needs to be dated correctly because 16 that's our policy and procedure. 17 RT-Q. Irrespective of whether or not it is 18 required under Washington law? 19 MR. GOULDING: Objection, calls for a legal 14:44 20 conclusion. 21 THE WITNESS: Yes. 22 MS. HUELSMAN: 23 RT-Q. Okay. And are you at all familiar with 24 California law regarding notarizations? 14:44 25 RT-A. Not in detail. 57 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:44 1 RT-Q. Okay. And are all of the notaries who are 2 employees of QLS licensed to be notaries through the 3 State of California? 4 RT-A. They are commissioned in the State of 14:44 5 California. 6 RT-Q. You're correct -- you used the correct 7 phrasing "commissioned." 8 RT-A. If they are in California, they are 9 commissioned in California. 14:44 10 RT-Q. And if they are in Washington, they are 11 commissioned in Washington, correct? 12 RT-A. Correct. 13 RT-Q. Okay. I just want to review my notes, see 14 if there's anything else I want to ask you, okay? 14:45 15 MS. HUELSMAN: 16 RT-Q. And then you -- do you know at all what 17 Northwest Legal Support's involvement was in this sale? 18 RT-A. I do not offhand. 19 RT-Q. Okay. And then was it QLS that prepared the 14:46 20 trustee deed upon sale that was executed in this case? 21 RT-A. I don't have that in front of me, but I 22 would assume so, yes. 23 RT-Q. Okay. Can you fill that in -- fill that in 24 for me as well? 14:46 25 RT-A. Yes. 58 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:46 1 Space space. 2 MS. HUELSMAN: 3 RT-Q. I guess given what you have in front of you, 4 I don't have any further questions. 14:46 5 Mr. Gabrielson? 6 MR. GARBRIELSON: No questions? 7 MS. HUELSMAN: Dan? 8 MR. GOULDING: I have no questions. 9 MS. HUELSMAN: Are you reserving signature? 14:46 10 MR. GOULDING: You tell me. I don't know. What do 11 you mean by reserving signature? 12 MS. HUELSMAN: It's up to you. Do you want your 13 client to review it and sign it? 14 MR. GOULDING: I do. He's going to have to fill in 14:46 15 some blanks. 16 MS. HUELSMAN: Oh, I know. 17 MS. DORAN: Can I jump in and ask one ask a 18 question? Sorry. 19 MS. DORAN: This is Elizabeth Doran, for the 14:47 20 record. 21 Quick clarification on the notice of trustee sale 22 document. I think you may have earlier mentioned that 23 the date of signing to be June 6th, 2006. I just want 24 to make sure that that's actually June 2nd, 2006. 14:47 25 MS. HUELSMAN: I said June 2nd, 2006. 59 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210 UNCERTIFIED REALTIME ROUGH - DO NOT REMOVE HEADER 14:47 1 MS. DORAN: And then the stamp on the first page 2 also says June 2nd, 2006? 3 MS. HUELSMAN: Correct. 4 MR. GOULDING: Thank you. 14:47 5 MS. HUELSMAN: And Madam Court Reporter, my office 6 will be in touch with you regarding getting a transcript 7 of that. 8 MR. GARBRIELSON: Before we sign off, this is Owen 9 Gabrielson asking a question, can I, Melissa? If you 14:47 10 could just send me the court reporter's contact 11 information. 12 MS. HUELSMAN: Absolutely. Absolutely. And I'll 13 get it to you, Elizabeth, as well. I'll have my 14 assistant get it all together so we can make 14:48 15 arrangements with that. 16 MR. GOULDING: Thank you.. 17 18 19 20 21 22 23 24 25 60 HUTCHINGS COURT REPORTERS, LLC - GLOBAL LEGAL SERVICES 800.697.3210