From: John Cantrell [johncantrelljr@gmail.com]
Sent: Monday, March 22, 2010 2:14 PM
To: Thad Bartholow
Cc: mailinglist@maxbankruptcybootcamp.com
Subject: Re: Erin Hirzel Roesch - Wells Fargo Representative
Attachments: In re Woodberry, 383 B.R. 373 (Bankr. S.C., 2008) ASC as servicer
had standing to seek relief from stay for trust without assignment of
mortgage.pdf; Transcript MFRS hearing Woodberry 1-15-08.pdf; ATT241547.txt
Erin was the WF/ASC representative in my Woodberry case. This was a Ch 7 MFRS case, where I came into the case late, so there was no depo, but I do have a transcript of her MFRS testimony, attached. In my MFRS hearing, WF moved for a protective order to try to put under seal the subservicing agreement that they relied on to prove that WF owned this loan. The judge ruled against WF on this point, since the SSA was found on the internet during the hearing. Erin claimed not to know that the SSA had to be filed with the SEC and was therefore a public record, but now she knows. She is young. Mostly she will just testify that she is saying what her supervisor told her to say, such as that a SSA is a confidential protected trade secret. She is a professional witness, but also spends some time every month apparently handling accounts. I think she is based in MD. When she testified in Woodberry, she said that she was about to get married, and was planning on going to Ireland for her honeymoon. If you want to rattle her, you might ask how her honeymoon in Ireland went. She didn't take any smoke breaks during our several hour hearing. Tell her howdy for me.
On Fri, Mar 19, 2010 at 4:44 PM, Thad Bartholow <thad@bbbankruptcy.com> wrote:
Today the Court directed Wells Fargo to produce Erin Hirzel Roesch for deposition. Has anyone (Nick?) deposed her before?
This is my fun case where Wells is now, at the last minute, producing Ms. Hirzel Roesch because they no longer want to rely on the testimony of their original 30(b)(6) witness, Tamara Savery. While I hoped the judge would just exclude Ms. Hirzel Roesch altogether, I am starting to think this is turning into a “more rope to hang them with” situation. The judge ordered Wells Fargo to bring Ms. Savery to the trial, so we will doubtless have an interesting dynamic between the two witnesses. Ms. Hirzel Roesch’s testimony can only contradict the Ms. Savery’s testimony, and then who will the Judge believe??? Even better for my case, I think, is the fact that OC actually told the Court today that the original deponent’s testimony was “wrong” and that the transaction history they provided at the deposition did not include all fees and charges!
Theodore O. Bartholow, III ("Thad")
Attorney at law
________________________________________________
please note my new firm and contact information:
Armstrong Kellett Bartholow P.C.
11300 N. Central Expwy. Suite 301
Dallas Texas 75243
T.214.696.9000
M.214.404.7989
F.214.696.9001
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Sincerely,
John R. Cantrell, Jr.
Cantrell Law Firm PC
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