1 1 UNITED STATES BANKRUPTCY COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 ----------------------------------: 5 In Re: : 6 KIMBERLY SIMONEE CROMWELL, : 7 Debtor : Case No. 8 v. : 09-49655-RN 9 AMERICA'S SERVICE COMPANY and : 10 DEUTSCHE BANK NATIONAL TRUST : 11 COMPANY, AS TRUSTEE FOR THE : 12 MORGAN STANLEY LOAN TRUST : 13 2006-NC : 14 Movant : 15 ----------------------------------: 16 Video Teleconference Deposition of 17 CINDY T. SHANABROOK 18 Rockville, Maryland 19 Thursday, May 27, 2010 20 11:30 a.m. 21 22 23 Job No.: 3324 24 Pages 1 - 218 25 Reported By: Susan B. Fillmore, R.P.R. 2 1 Video Teleconference Deposition of 2 CINDY T. SHANABROOK, held at the location of: 3 PLANET DEPOS 4 1010 Rockville Pike 5 Suite 600 6 Rockville, Maryland 20852 7 888.433.3767 begin_of_the_skype_highlighting 888.433.3767 end_of_the_skype_highlighting 8 9 10 11 12 13 14 15 16 17 Pursuant to Notice of Deposition before Susan B. 18 Fillmore, Registered Professional Reporter and Notary 19 Public for the State of Maryland. 20 21 22 23 24 25 3 1 A P P E A R A N C E S 2 ON BEHALF OF MOVANT: 3 REUBEN NOCOS, ESQUIRE 4 JAJEEB KUDIYA, ESQUIRE 5 NOCOS LAW FIRM 6 693 Ventura Boulevard 7 Suite 1 8 Redwood City, Caifornia 94063 9 650.284.0455 begin_of_the_skype_highlighting 650.284.0455 end_of_the_skype_highlighting 10 11 ON BEHALF OF DEFENDANT RESPONDENT: 12 ANDREW W.NOBLE, ESQUIRE 13 SEVERSON & WERSON, P.C. 14 One Embarcadaro Center 15 Suite 2600 16 San Franciso, California 94111 17 415.398.3344 begin_of_the_skype_highlighting 415.398.3344 end_of_the_skype_highlighting 18 19 20 21 22 23 24 25 4 1 C O N T E N T S 2 EXAMINATION OF CINDY T. SHANABROOK PAGE 3 By Mr. Nocos 6 4 By Mr. Noble -- 5 6 7 8 E X H I B I T S 9 (Retained by counsel) 10 LONON DEPOSITION EXHIBIT PAGE 11 A Verification signed by Shanabrook 4/27/10, 96 12 with attractants 13 B Verification, 5/24/10, signed by Shanabrook, 96 14 with attachments 15 C Pooling and Servicing Agreement, 3/1/06, 96 16 with attachments 17 D Redacted/Confidential document, header 96 18 strip information, with attachments 19 E Pooling and Service Agreement, 3/1/06, 96 20 with attachments 21 F Cover letter for documents labelled 129 22 CROM 917-921 23 G Letter to Nocos from Han, Re: Cromwell v. 137 24 America's Servicing Company, et al., 5/6/10, 25 with attachments 5 1 E X H I B I T S 2 LONON DEPOSITION EXHIBIT PAGE 3 H Mortgage Loan History, 7/7/08 4 I Page: 2, Loan Status, 7/7/08, with 144 5 attachments 6 J Page: 6, Consolidated Notes Log, 7/8/08, 146 7 with attachments 8 K Instructions, initiating foreclosure, 160 9 Kimberly Cromwell, with attachments 10 L "Instructions" form included in loan 163 11 modification packet 12 M Notice of Default and Election to Sell 169 13 Under Deed of Trust, 1/4/2008, with attachment 14 N Assignment of Deed of Trust, 3/26/09 172 15 O Substitution of Trustee, 2/12/08, with 174 16 attachment 17 P First Supplemental Responses of Deutsche 198 18 Bank to Special Interrogatories, Set Two 19 Q Communication to Attn: Carol L. Davis 207 20 re: inquiry regarding payoff of mortgage from 21 Mortgage Services, with attachments 22 R History account for: 1004565009, 5/8/06, 208 23 with attachments 24 S Caption, Kimberly Cromwell vs. NDEX West, 213 25 LLC, et al., with attachments 6 1 P R O C E E D I N G S 2 CINDY T. SHANABROOK, 3 having been duly sworn, testified as follows: 4 EXAMINATION BY COUNSEL FOR RESPONDENT 5 BY MR. NOCOS: 6 Q Good morning, Ms. Shanabrook. 7 A Good morning, sir. 8 Q My name is Reuben Nocos, as you know, and I 9 represent Ms. Kimberly Cromwell as a plaintiff in this 10 lawsuit. I would like to first start off by asking you to 11 please spell your name. 12 A Cindy, C-i-n-d-y, middle initial T, last name 13 Shanabrook, S-h-a-n-a-b-r-o-o-k. 14 Q Thank you. Do you go by any other names? 15 A No, sir. 16 Q Okay, thank you. Have you had your deposition 17 taken before? 18 A Yes, sir, I have. 19 Q About how many times? 20 A Approximately one dozen times. 21 Q Okay. And do you know the last time you had a 22 deposition taken? 23 A Approximately two weeks ago. 24 Q And what was that for? 25 A It was for a foreclosure proceeding, and it was 7 1 held in Florida. 2 Q Okay. And were you -- was your deposition taken 3 on behalf of Wells Fargo? 4 A Yes, sir, it was. 5 Q Okay. So you're familiar with the process. 6 A Yes, sir, I am. 7 Q Okay. Well, even with that, I'd like to just go 8 ahead just so we're clear, as to telling you what the 9 process is as I understand it, so that we're clear when 10 we're speaking. 11 You know that you need to answer with a yes or a 12 no question, or answer my questions with a yes or a no? 13 A Yes, sir. 14 Q And you can't nod or shake your head, so that 15 the court reporter can understand what you're saying, and 16 she won't be able to guess if you just nod or shake your 17 head. 18 A I understand. 19 Q Okay. And any medication that was taken within 20 the last 24 hours that will affect your ability to speak 21 or provide accurate answers today? 22 A No, sir. 23 Q I will assume that you understand my question as 24 I ask it and then you answer it; is that fair? 25 A Yes, sir. 8 1 Q Okay. And if you don't understand, you can 2 always ask me to repeat it. 3 A Okay. 4 Q Is that understood? 5 A Okay. 6 Q I'm also entitled to an answer to the best that 7 you can answer the question. However, unless you're 8 instructed, if you're instructed by your counsel -- well, 9 I believe that's Mr. Noble here. You don't have counsel 10 over there, right? 11 A Correct, sir. 12 Q Okay. And if Mr. Noble instructs you not to 13 answer, you would have to not answer if he instructs you. 14 But unless he instructs you, then I am entitled to an 15 answer. 16 A Yes, sir. I understand. 17 Q Thank you. And are you -- I also don't want you 18 to guess anything. And I don't know if you know the 19 difference between a guess and an estimate. 20 A Yes, sir, I do know. 21 Q Okay, I'm sure you do know, so I'm not going to 22 repeat that. 23 And then at the end of this, you're going to get 24 a transcript. You know it's a booklet that has everything 25 you have taken -- you've answered taken verbatim by the 9 1 court reporter, and you'll have an opportunity to review 2 that booklet. You understand that? 3 A Yes, sir, I do. 4 Q And you also understand that I can -- you can 5 make changes to that, to your answers in this booklet if 6 you want to make clarifications. You understand that. 7 A Yes, sir, I understand. 8 Q Okay. However, you understand also that if you 9 change an answer, like something substantive from, let's 10 say, a yes or a no, I do have a right to comment on that 11 at trial if you are going to testify at trial. 12 A Yes, sir. 13 Q You do understand that? 14 A Yes. 15 Q Okay, great. Did you discuss your deposition 16 with anyone prior to today? 17 A No, sir. 18 Q Okay. Did you review any documents prior to 19 today in preparation for your deposition? 20 A Yes, sir. 21 Q Okay. Do you know -- well, what documents did 22 you review? 23 A The loan payment history. The policies and 24 servicing agreement. The consolidated notes log. 25 Q Anything else? 10 1 A The, the loan documents. 2 Q Anything else? 3 A No, sir. 4 Q Okay, great. Can you tell me, what education 5 did you have past high school? 6 A I have a bachelor's degree in paralegal studies. 7 Q Okay. When did you obtain that degree? 8 A Last Thursday. 9 Q Oh, congratulations. 10 A Thank you, sir. 11 Q Any other, any other education past 12 high school? 13 A No, sir. 14 Q Okay. So you got your degree in 2010. What 15 school did you attend? 16 A Stevenson University. 17 Q Is that in Maryland? 18 A Yes, sir, it is. 19 Q How long did it take you to get that degree? 20 A I began college in the mid 1980s. 21 Q Okay. 22 A And I received my associate's degree in 1995, I 23 believe it was. 24 Q What was the degree in? 25 A Paralegal studies. 11 1 Q Okay. So you mentioned that your past 2 high school, past education past high school. Is that an 3 AA degree, as well? 4 A Yes, it is. 5 Q Okay. And as well as a bachelor's degree. 6 A Yes, sir. 7 Q Any other degrees? 8 A No, sir. 9 Q Okay. Do you hold any licenses? 10 A No, sir. 11 Q Okay. A driver's license? 12 A Oh, a driver's license, yes. 13 Q Okay. 14 A Yeah. 15 Q Any other licenses? 16 A No, sir. 17 Q Any other certifications? 18 A No, sir. 19 Q Okay. All right. Can you tell me who you are 20 currently employed by? 21 A Wells Fargo Home Mortgage. 22 Q How long have you been employed with Wells Fargo 23 Home Mortgage? 24 A Since March 26, 2007. 25 Q Okay. What is your current -- actually, I'll go 12 1 back to that. 2 Where were you before March 26, 2007? 3 A I was at the law firm of Birman, Geesing & Ward. 4 Q Could you spell that, please. 5 A Yes, sir. B-i-r-m-a-n is the first name. 6 Geesing, G-e-e-s-i-n-g. And Ward, W-a-r-d. 7 Q You were -- that's a law firm? 8 A Yes, sir, it is. 9 Q Where is this law firm? 10 A It is located in Bethesda, Maryland. 11 Q Okay. How long were you with them? 12 A For five years. 13 Q From? 14 A 2002 until 2007. 15 Q Okay. Where were you prior to that time? 16 A Ocwen, O-c-w-e-n, Federal Bank. 17 Q And from what time to what time? 18 A Approximately 2001 to 2002. 19 Q Is that a full year or a few months? 20 A Yes, approximately 14 months. 21 Q 14 months, okay. 22 Where were you prior to Ocwen Federal Bank? 23 A Rogers and Dickerson. 24 Q Is that another law firm? 25 A Yes, sir, it is. 13 1 Q Okay. And is Dickerson D-i-c-k-e-r-s-o-n? 2 A Yes, sir, it is. 3 Q Okay. And how long were you there? 4 A Approximately six months. 5 Q All right. So 2001? 6 A Yes, sir. The end of two -- into 2001. 7 Q Okay. And prior to that time? 8 A Maryland State Highway. 9 Q Okay. How long were you there? 10 A Approximately two years, sir. 11 Q Two years. So safe to say that was '98 to 2001? 12 A '98 to 2000. 13 Q Okay. All right. I'm going to go back as far 14 as after you got your legal degree. Where were you after 15 your Maryland State Highway position? 16 A I worked for Joel Carpenter. 17 Q Carpenter? 18 A Carpenter. C-a-r-p-e-n-t-e-r. 19 Q Okay. Is that a law -- is he a lawyer? 20 A Yes, sir, he is, sole practitioner. 21 Q And how long were you there? 22 A One year. 23 Q '97, or between '95 and '97? 24 A I'd say '96 to '97, approximately. 25 Q Okay. All right. And what was your most 14 1 recent -- I'm sorry. 2 Prior to working for Mr. Carpenter, where were 3 you? 4 A I was a private ambulance driver in Baltimore. 5 Q Okay. How long were you there? 6 A Oh, goodness. Various companies for about ten 7 years. 8 Q Okay. Ten years prior to 1996? 9 A Yes, sir. 10 Q Were you going to school while working 11 full-time? 12 A Yes, sir, I was. 13 Q Okay. You're currently with Wells Fargo Home 14 Mortgage; is that correct? 15 A Yes, it is. 16 Q Okay. And you were there from March 26, 2007 17 through the present. 18 A That is correct, sir. 19 Q Okay. What is your current position at Wells 20 Fargo? 21 A Litigation specialist. 22 Q Okay. How long have you held that position? 23 A Since March 26, 2007. 24 Q Okay. What is a litigation specialist? 25 A It is a position within the Default Operations 15 1 Support group. I provide any information that is required 2 when a file or a loan is in litigation. 3 Q I'm sorry, could you please repeat that? You 4 provide documents? 5 A Yes, sir. Documentation information. 6 Q Okay. What type of information? 7 A Loan status. Any type of loan documents that 8 need to be obtained off of imaging. Any information that 9 needs to be obtained out of our database system. 10 Q Okay. Thank you. 11 What kind of training did you receive to become 12 a litigation specialist. 13 A Training while with Wells Fargo? 14 Q Yes. 15 A Online tutorials, as well as one-on-one training 16 with my immediate supervisor, as well as other 17 employees. 18 Q Okay. And who is the immediate supervisor that 19 you report to? 20 A Presently, I report to Julie Ann Grove. 21 Q Is that G-r-o-v-e? 22 A Yes, sir, it is. 23 Q And what is her title? 24 A Manager for ... our litigation team. She's the 25 manager of the foreclosure/bankruptcy litigation 16 1 department. 2 Q Okay. And are there any people that report to 3 you directly? 4 A No, sir. 5 Q Okay. How many people in this department? 6 A In Default Operations Support, sir? 7 Q In the litigation/foreclosure/bankruptcy 8 department. 9 A Approximately two dozen people. 10 Q Okay. And that's in the whole litigation/ 11 foreclosure/bankruptcy department? 12 A Yes, sir. 13 Q Okay. Am I safe to assume, then, that within 14 this department, meaning your default support group -- is 15 that what you call your immediate group? 16 A Default Operations Support, or D-O-S, DOS. 17 Q Okay. That's within this litigation/ 18 foreclosure/bankruptcy department group? 19 A Yes, sir, it is. 20 Q Okay. Are there any other groups that are 21 identified that are within this litigation/foreclosure/ 22 bankruptcy department? 23 A It's actually the foreclosure/bankruptcy 24 department are part of DOS. 25 Q Okay. So DOS, I guess, is a bigger group, and 17 1 then a subset of that is the foreclosure/bankruptcy 2 department. 3 A That is correct, sir. 4 Q Okay. Is there someone that manages or is 5 supervisor of the DOS? 6 A Yes, sir. 7 Q And what is that person's name? 8 A Joe Pinto. 9 Q P-i-n-t-o? 10 A Yes. 11 Q What's his title? 12 A Vice president. 13 Q Okay. Do you report directly to Mr. Pinto or to 14 Ms. Julian Grove? 15 A To Ms. Grove, sir. 16 Q Okay. Now, are you employed by Wells Fargo or 17 America's Servicing Company? 18 A Wells Fargo. 19 Q Okay. So your paycheck says Wells Fargo Home 20 Mortgage on the check? 21 A Yes, sir, it does. 22 Q Okay. Can you tell me your position at Birman, 23 Geesing and Ward? 24 A I was a bankruptcy paralegal. 25 Q Okay. During the five years that you were 18 1 there, you were a bankruptcy paralegal? 2 A Yes, sir. 3 Q Did you start as a bankruptcy paralegal in 4 2002? 5 A Yes, I did. 6 Q And what did you do as a bankruptcy paralegal? 7 What were your duties? 8 A I trained other personnel in the procedures as 9 far as the computer procedures, the filing procedures; 10 oversaw their work. It was more of a capacity as a senior 11 paralegal, as well as filing motions and pleadings with 12 the court after review from the attorney. 13 Q Okay. Any other duties? 14 A Spreadsheets; I did payment history analyses. 15 Q Okay. How about at Ocwen Federal Bank? 16 A I was a bankruptcy specialist. 17 Q And what is a bankruptcy specialist? 18 A I had approximately 750 loans in my portfolio 19 that -- 20 Q Repeat that again. 21 A Approximately 750 loans in my portfolio. 22 Q Okay. 23 A That I would monitor for payments to ensure that 24 the loan did not go into default. And if it did, then at 25 that point I would have to refer it to the attorney for a 19 1 motion for relief. 2 Q When you say not in default, are you talking 3 about the bankruptcy petition with -- 4 A Correct. 5 Q So these 750 loan files that you had in your 6 portfolio, those were after petitions were filed. 7 A That is correct, sir. 8 Q What chapters? 9 A Chapter 7 and Chapter 13. 10 Q And did you have an immediate supervisor at 11 Ocwen Federal Bank? 12 A Yes, sir, I did. 13 Q And what was that person's name? 14 A Alfred Marone, M-a-r-o-n-e. 15 Q Can you spell the first name. 16 A Alfred, A-l-f-r-e-d. 17 Q And what was -- what's Mr. Marone's title? 18 A He was a bankruptcy supervisor. 19 Q Do you know if he's still there? 20 A He is not, sir. Actually, the facility is no 21 longer located in Orlando that I worked at. It's all 22 actually been shipped overseas. 23 Q Okay. All right. You were -- you had a brief 24 stint at Rodgers and Dickerson? 25 A Yes, sir. 20 1 Q And what was your position there? 2 A I was a bankruptcy process paralegal. 3 Q Did you have the same duties as you had with 4 Birman? 5 A Actually, that was for a debtor law firm. 6 Q Okay. 7 A For Chapter 7 and Chapter 13 bankruptcies that 8 were filed on behalf of borrowers. 9 Q So did you prepare petitions? 10 A Yes, sir. 11 Q Okay. And you worked with the Maryland State 12 Highway? 13 A Yes, sir. 14 Q For two years. 15 A Yes, sir. 16 Q Okay. What was your position with Maryland 17 State Highway? 18 A Administrative Assistant II for the Quality 19 Assurance Group. 20 Q Okay. 21 A And I did recruit for civil engineers for 22 Maryland State Highway, as well as I was the 23 co-coordinator for the Maryland TRAC Program, T-R-A-C. 24 It's an acronym for Transportation and Civil Engineering. 25 And it was an outreach program to inner city high school 21 1 children in order to get them interested in engineering. 2 Q Okay. And you held that position for two 3 years? 4 A Yes, sir, I did. 5 Q Also two years. Now, you also worked for 6 Mr. Carpenter from 1996 to 1997. 7 A Correct, sir. 8 Q In what capacity? 9 A I was a paralegal, slash, receptionist. 10 Q What was Mr. Carpenter's practice? 11 A General, general law. He did real estate. A 12 little bit of criminal law. Bankruptcy. 13 Q Okay. And I'm just going to fill in all the 14 gaps here. And you were located where when you worked for 15 them? 16 A Orlando, Florida. 17 Q And Rodgers and Dickerson? 18 A Baltimore, Maryland. 19 Q And Maryland State Highway? 20 A Baltimore, Maryland. 21 Q And Mr. Carpenter? 22 A Baltimore, Maryland. 23 Q All right. And Wells Fargo is in what location? 24 A Frederick, Maryland. 25 Q In your capacity as a litigation specialist, 22 1 does the job require you to travel? 2 A Yes, sir, it does. 3 Q Okay. And in what way? 4 A To testify at depositions, trials, hearings, on 5 behalf of Wells Fargo with respect to any research or 6 investigation that I have done in order to provide 7 testimony as to the results of my research. 8 Q Okay. Let's go back to your litigation 9 specialist position with Wells Fargo. You mentioned a 10 couple of things. You said imaging and database system. 11 Can you be more -- can you tell me more about what imaging 12 is? 13 A When documents are imaged, they are placed into 14 what we call FileNet, F-i-l-e-N-e-t. I have the access 15 capability to pull any type of loan documentation off of 16 that system, such as a copy of a note, the mortgage, deed 17 of trusts, origination file. 18 Q All right. So these documents were imaged and 19 placed in this software program called FileNet; is that 20 correct? 21 A That is correct, sir. 22 Q And that's like a database. 23 A Yes, sir. 24 Q Is that, is FileNet accessible only by 25 litigation specialists? 23 1 A No, sir. It's accessible by any Wells Fargo 2 employee that would have a need to access that system. 3 Q Okay. And who would have that need to access 4 that system? 5 A A foreclosure representative, bankruptcy 6 representative. Anybody who works with those type of loan 7 documents, if they have the need to access them, then they 8 would have the capability to do so as long as they are, 9 obviously, set up with a password to be able to access 10 them. 11 Q Okay. And Imaging is a particular department 12 within Wells Fargo Home Mortgage that is located in 13 Frederick, Maryland? 14 A No, sir, the imaging is performed in Des Moines, 15 Iowa. 16 Q Okay. Okay. And is that through -- is that a 17 Wells Fargo department, or is that a third-party vendor? 18 A I believe it is through Wells Fargo. 19 Q Do you know what happens to the documents when, 20 you know, they are imaged? 21 A No, sir, I do not. 22 Q So just to go back again, you said some of the 23 documents that you would access in Imaging that were 24 placed in FileNet is a copy of the note and the mortgage 25 or a deed of trust, an origination file. Anything else? 24 1 A Documentation with regards to if there was an 2 assignment, if there is a loan modification, that 3 information could also possibly be available. It just 4 depends on what information is scanned and placed into 5 that particular loan file at the time. 6 Q How are documents delivered to Des Moines, Iowa 7 for imaging? 8 MR. NOBLE: I'm going to object as vague. 9 But go ahead and answer to the extent you 10 understand. 11 A I don't have that information sir. 12 BY MR. NOCOS: 13 Q Are there docs that are, documents, sorry, 14 within your department that are sent to Des Moines, Iowa 15 for imaging? 16 A Yes, sir, that is possible. 17 Q What type of documents? 18 A If, for example, I were to receive a dismissal 19 order, I can upload that information into FileNet. I can 20 either scan it and e-mail it or fax it. 21 Q So you have the capability of also uploading 22 documents and scanning documents in FileNet. 23 A Yes, sir, I do. 24 Q Okay. Are there hard copies of the documents 25 that are in imaging that are also in your office location 25 1 in Frederick, Maryland? 2 A I'm not quite sure I understand. 3 Q If there's an image that you see on FileNet, is 4 there a corresponding hard copy in Maryland where you 5 are? 6 A At our facility, no, sir, we do not keep any 7 files on-site. 8 Q Okay. I assume other -- the documents that you 9 just mentioned as ones that you would upload. 10 A That would be all that I would have, is the 11 actual physical document that I have. 12 Q Are there any original documents in Frederick, 13 Maryland? 14 A Not at my location. 15 MR. NOBLE: I'm going to object as vague and 16 overbroad. 17 But go ahead. 18 A Yes, sir. Not at my location, no, sir. 19 BY MR. NOCOS: 20 Q All right. Do you know Anita Antinelli? 21 A No, sir, I do not. 22 Q You have never heard of that name before? 23 A I've heard the name, but I do not recall. 24 Q Okay. Have you seen her name anywhere in any 25 documents that you have seen in your tenure at Wells 26 1 Fargo? 2 A As I recall, I believe that I've seen her name 3 on some of the documentation pertaining to this case, but 4 I would have to see the actual papers to be able to recall 5 precisely. 6 Q What kind of papers would refresh your 7 recollection? 8 A Any of the papers that I've reviewed for this, 9 for this loan. 10 Q Okay. Do you know Kevin Marks? 11 A Yes, sir, I do. 12 Q Okay. Who is Kevin Marks? 13 A He is -- I don't recall what his position title 14 is, but he is located in Forestville, South Carolina. 15 Q What's in Forestville, South Carolina? 16 A The foreclosure and bankruptcy department for 17 Wells Fargo. 18 Q You don't know Mr. Marks's position in Wells 19 Fargo. 20 A I can't recall his position title, sir. 21 Q Okay. But you know he works for Wells Fargo. 22 A Yes, sir. 23 Q Okay. And do you know the department he works 24 for? 25 A I can't remember off the top of my head, sir. 27 1 Q Okay. Have you had any conversations with 2 Mr. Mark? 3 A Yes, sir, I have. 4 Q Okay. On how many occasions? 5 A Dozen of occasions. 6 Q When was the last time you spoke with 7 Mr. Marks? 8 A A couple of weeks ago. 9 Q Do you know the nature of the conversation? 10 A It was with regards to an equity analysis for a 11 loan where we had received a request for a second lien to 12 be deemed as unsecure. And I discussed the loan status 13 with him at that time. 14 Q On the status of this person that made the 15 request? 16 A Correct, sir. As far as it was for the request 17 for the second lien to be deemed as unsecured, and I was 18 asking about the charge-off status of the loan. 19 Q Have you had any conversations with Mr. Marks 20 regarding Ms. Cromwell's file? 21 A No, sir, I have not. 22 Q Have you seen any documents that bear Mr. Mark's 23 name regarding this case? 24 A I can't recall. 25 Q Do you know if Mr. Marks signs on behalf of 28 1 Wells Fargo? 2 MR. NOBLE: I'm going to object as vague and 3 overbroad. 4 You can answer that. 5 A I have no information sir. 6 BY MR. NOCOS: 7 Q Do you know if Mr. Marks works for America's 8 Servicing Company? 9 A He works for Wells Fargo. 10 Q Okay. Do you know how long he's worked at Wells 11 Fargo? 12 A Numerous years. Other than that, I have no 13 other information. I know he's been here longer than I 14 have. 15 Q Okay. Can you tell me what a vice president of 16 loan documentation is? 17 A It's a person within Wells Fargo that has the 18 authority to sign documents for Wells Fargo. 19 Q What kind of documents? 20 A It depends on what they are authorized for, 21 actually. They have limited authorization for certain 22 types of documents. 23 Q Do you know the other duties of a vice president 24 of loan documentation? 25 A No, sir, that's as much as I do know. 29 1 Q Okay. Do you know what kind of training a vice 2 president of loan documentation receives? 3 A No, sir, I don't know that information. 4 Q Do you know the qualifications to become a vice 5 president of loan documentation? 6 A No, sir, I do not. 7 Q Okay. You mentioned a limited authorization to 8 sign documents? 9 A Yes, sir. 10 Q Okay. Where would that authorization come 11 from? 12 MR. NOBLE: I'm going to object as vague. 13 Go ahead. 14 A I don't have that information, sir. 15 BY MR. NOCOS: 16 Q What is your source of information that they 17 have limited authorization? 18 A It's my understanding that each person is 19 allowed to sign on behalf of certain entities within Wells 20 Fargo, but obviously depending on their actual position, 21 they would be limited. And then the higher their 22 position, the more ability that they would have. So the 23 lesser of a position or the higher position would allow 24 them more flexibility. 25 Q When you say each vice president, you're talking 30 1 about each vice president of loan documentation. 2 A That is correct, sir. 3 Q Do you know off the top of your head how many 4 persons hold this position? 5 A No, sir. 6 Q Okay. You also mentioned certain entities 7 within Wells Fargo. 8 A Correct, sir. 9 Q Okay. That a vice president of loan 10 documentation can sign on behalf of. 11 A Correct, sir. 12 Q Okay. Can you name me some of those entities? 13 A For example, authorization to sign because we 14 have a power of attorney for a particular loan. 15 Q Can you give me an example? 16 A If we have a power of attorney for, say for 17 example Deutsche Bank, then we would have the ability to 18 sign documentation on their behalf. 19 Q Have you signed on behalf of us, Wells Fargo? 20 MR. NOBLE: Object as vague. 21 It's vague as to what sort of document we're 22 referring to. I mean, have you signed documents at all? 23 THE WITNESS: Yes, sir, I have. 24 BY MR. NOCOS: 25 Q Okay. What type of documents have you signed? 31 1 A Interrogatories, affidavits, any type of 2 verification that may define a particular situation that 3 I'm dealing with at that time. 4 Q And is it my understanding, then, that you also 5 have an unlimited authorization to sign? 6 A Yes, sir. 7 Q How do you know the borders of that limit? 8 A What I've been instructed. 9 Q And who instructed you? 10 A My supervisor. 11 Q And is that -- what is the name again? Sorry. 12 A Julie Ann Grover. 13 Q Okay. How is your instruction whether to sign 14 or not to sign communicated to you? 15 A Interrogatories where we're attesting to any 16 information or research that we have performed with 17 regards to a loan, generally we can sign those, if we are 18 verifying any information for a particular case that we're 19 assigned to. 20 Q Okay. I didn't understand the answer. You said 21 generally you can sign those. How do you know which 22 documents you cannot sign? 23 MR. NOBLE: Object as vague. 24 Go ahead. 25 A I'm not quite sure that I understand. I can 32 1 sign interrogatories and verifications of what have been, 2 as far as -- 3 BY MR. NOCOS: 4 Q Have you ever been -- sorry. I apologize. 5 A That's okay. 6 Q Have you ever been presented with a document to 7 be signed where you did not sign? 8 A Yes, sir. 9 Q Can you tell me what document? 10 A Certain documents in certain jurisdictions, such 11 as Kings County, New York, we do not have authorization to 12 sign. We would actually have to get a vice president to 13 sign because they would have that capacity in their 14 position to do that. 15 Q A vice president of loan documentation would 16 have that capacity? 17 MR. NOBLE: Answer only if you know the answer. 18 A I don't know, sir. 19 BY MR. NOCOS: 20 Q Is there a document that tells you, like a list 21 that tells you which documents you can and cannot sign? 22 A No, sir. 23 Q Is there a memorandum that was circulated by 24 Ms. Grove that says these are documents you can or cannot 25 sign? 33 1 A No, sir, not that I recall. 2 Q Can you tell me the last instance where you were 3 presented with a document and you did not sign. 4 A One of the New York King's County documents. 5 Q And what document was that? 6 A I believe it was an affidavit if I recall 7 correctly. 8 Q Is that in support of a motion or -- 9 A I believe so, yes, sir. 10 Q Okay. And you were not authorized to sign 11 that? 12 A No, sir. 13 Q How did you know that you were not authorized to 14 sign that? 15 A Because I just know that we're not authorized to 16 sign any of the documents for King County, New York. 17 Q Do you recall what you did with that document 18 after making the determination that you cannot sign it? 19 A I requested for it to be signed by a 20 vice president. 21 Q Do you know the name of the vice president? 22 A Jose Pinto. 23 Q Jose Pinto is a vice president? 24 A Yes, sir. 25 Q Okay. What's his title again, vice president 34 1 of? 2 A Vice President, Default Operations Support. 3 Q Any other instances where you were presented 4 with a document and you did not sign? 5 A Not that I can recall. 6 Q Okay. How do you know which entities you're 7 allowed to sign for? 8 MR. NOBLE: Object as vague. 9 Go ahead and answer to the extent you understand 10 A I don't quite understand. 11 BY MR. NOCOS: 12 Q Are you authorized to sign on behalf of Deutsche 13 Bank? 14 A I guess that would depend on the document itself 15 that I would sign. I can't sign just any document. 16 Q What is a document that you're authorized to 17 sign on behalf of Deutsche Bank? 18 A Interrogatories. 19 Q And what authorization do you have to sign on 20 their behalf? 21 A Any information -- 22 MR. NOBLE: Object to the extent that it calls 23 for a legal analysis or conclusion. 24 But go ahead and answer it to the extent that 25 you can. 35 1 A If I've performed any type of research and can 2 verify the information that is contained within the 3 interrogatories, then I can sign. 4 BY MR. NOCOS: 5 Q Who told you that you can sign on behalf of 6 Deutsche Bank? 7 MR. NOBLE: Objection. Lacks foundation. 8 A I don't know that any particular person said 9 that I can sign. If I receive the interrogatories and 10 it's my case and I've verified the information, then I 11 sign the document. 12 BY MR. NOCOS: 13 Q So is it safe for me to assume then, that if 14 it's your case and you have a general understanding that 15 you can sign this document, you can -- you will sign it? 16 MR. NOBLE: Objection that it misstates 17 testimony. 18 But go ahead. 19 A Yes, sir. 20 BY MR. NOCOS: 21 Q And is it also safe for me to assume that you 22 will not sign it if it's a King County document? 23 A Correct, sir. 24 Q Are there specific entities where you are not 25 allowed to sign, whether it's in King County or anywhere 36 1 else in the United States? 2 MR. NOBLE: Objection. Vague. 3 A Nothing that I can recall. 4 BY MR. NOCOS: 5 Q Are you authorized to sign assignments of deeds 6 of trust? 7 A No, sir. 8 Q Who has the authority to sign? 9 MR. NOBLE: Answer only if you understand or 10 have the information. 11 A I don't have that information, sir. 12 BY MR. NOCOS: 13 Q Have you ever been presented with an assignment 14 of deed of trust? 15 A No, sir, I have not. 16 MR. NOCOS: I'm going to take a quick break just 17 to inquire as to the status of the Fed Ex delivery. 18 THE WITNESS: Yes, sir. 19 MR. NOBLE: Okay. Take five minutes. 20 (Recess taken from 12:29 p.m. to 12:31 p.m.) 21 BY MR. NOCOS: 22 Q Ms. Shanabrook, do you have knowledge of how 23 the -- of the loan history of this file? 24 A Yes. 25 MR. NOBLE: I object to "loan history." 37 1 But go ahead. 2 BY MR. NOCOS: 3 Q Okay. Do you know when Ms. Cromwell obtained 4 the loan? 5 A As I recall, the history that I reviewed was 6 from 2006 onward. 7 Q Okay. Do you know when she obtained the loan? 8 A I don't recall that particular date, no, sir. 9 Q Do you know who originated the loan? 10 A New Century Mortgage. 11 Q Okay. When I say "the loan," I'm just going to 12 refer to the first loan, which is the subject of this 13 lawsuit. That is the loan that is purportedly in default 14 with Deutsche Bank. 15 A Okay. 16 Q So all throughout the questions, when I say 17 "loan" or "subject loan," I would refer to that loan. 18 A Okay. 19 Q Okay. Do you know if New Century serviced this 20 loan? 21 A They were in the originator -- were the 22 originator of the loan. 23 Q Who is currently servicing this loan? 24 A ASC. 25 Q And when did ASC start servicing the loan? 38 1 A I don't recall the date off the top of my 2 head. 3 Q Do you know the year? 4 A I believe in 2006. 5 Q Do you know how is came to be that ASC started 6 servicing the loan? 7 MR. NOBLE: Object as vague and overbroad. 8 Go ahead. 9 A The loan was service transferred, I believe, 10 from New Century to ASC, as I remember. 11 BY MR. NOCOS: 12 Q Can you tell me what you mean by "service 13 transferred"? 14 A Another company was servicing the loan before 15 ASC began servicing the loan. And then it was transferred 16 to ASC for servicing. 17 Q Do you know if ASC also serviced the loan for 18 New Century? 19 A I can't recall. 20 Q Can you tell me, what was your understanding 21 when I say "service the loan"? 22 A To collect payments, to monitor the loan and to 23 also -- 24 Q What do you mean -- I'm sorry. 25 A That's okay. 39 1 Q Continue. 2 A And to ensure that payments are applied to the 3 loan as received, as well as to make any payments for 4 county taxes, hazard insurance if the loan is owned, to 5 maintain the loan. 6 Q Can you tell me what you mean by payments that 7 are applied to the loan? 8 A When payments are received from the borrower, 9 they're applied to the loan towards the contractual 10 payments; they are applied towards the principal, any 11 escrow, any interest. 12 Q Is there an order of, an order in which the 13 funds given by the borrower is applied to the loan? You 14 mentioned three things, so I just want to make sure I 15 understand that. 16 MR. NOBLE: I'm going to object it calls for a 17 legal answer, as I understand it. But go ahead and answer 18 to the extent that you have that information. 19 A For the terms of the loan document, note, deed 20 of trust, mortgage, subsequent to the order in which they 21 are to be applied. 22 BY MR. NOCOS: 23 Q Do you know how payments in this loan, this 24 subject loan, were applied every time a payment was made 25 by Ms. Cromwell? 40 1 A As I recall, they were applied contractually 2 towards principal, interest and escrow. 3 Q What happens to the funds that were applied to 4 the principal, interest and escrow once they are received 5 by AFC? 6 MR. NOBLE: Object as vague and overbroad. 7 Go ahead. 8 A I'm not quite sure that I understand. 9 BY MR. NOCOS: 10 Q I think I should go back another step. 11 A Okay. 12 Q When ASC collects payments, you said they are 13 applied according to what the contract says. Is that 14 correct? 15 A That is correct. 16 Q And the contract you're referring to is a deed 17 of trust or a mortgage. Is that correct? 18 A Yes, sir, that is correct. 19 Q Okay. How are those payments transmitted to New 20 Century, or were transmitted to New Century? 21 MR. NOBLE: Objection. Lacks foundation. 22 A We receive the payment. We apply it towards 23 principal and interest. And then any payments that are to 24 be disbursed on behalf of the investor or the trust at 25 that point, then they are disbursed on a monthly basis as 41 1 payment towards the loan. 2 BY MR. NOCOS: 3 Q How are the payments disbursed to the investors 4 for AFC? 5 MR. NOBLE: Objection. Vague and overbroad. 6 Go ahead. 7 A They are disbursed once a month. The loans are 8 in a pool, and all of the payments that would be due for 9 that particular investor would then be disbursed in a bulk 10 check. 11 BY MR. NOCOS: 12 Q Is a check disbursed from ASC to the loan 13 investor? 14 A I don't have that information. 15 Q Who was the loan investor for this loan? 16 A It's Morgan Stanley is the trust. And Deutsche 17 Bank is the trustee. 18 Q I gather you're also authorized to speak on 19 behalf of Deutsche Bank; is that correct? 20 MR. NOBLE: Objection to the extent it calls for 21 a legal analysis. 22 But, yes, go ahead. 23 A In as much as to the loan status and everything, 24 yes, sir. 25 BY MR. NOCOS: 42 1 Q Can you describe for me each payments that were 2 made by a borrower towards the loan, how they were 3 processed by AFC and eventually given to the loan 4 investor? 5 MR. NOBLE: Object as vague and overbroad and 6 calls for a narrative. 7 But go ahead to the extent that you can. 8 A I know that when the payment is received, it is 9 applied toward the principal and interest in order to 10 reduce those amounts that are due on the loan for the 11 funds that were borrowed by the borrower. Then at that 12 point, any funds for that particular loan are then also 13 collected off of that payment and are then disbursed on a 14 monthly basis to the investor. 15 BY MR. NOCOS: 16 Q Is there a process in which each loan payment is 17 separately disbursed to the loan investor? 18 MR. NOBLE: Object as vague and overbroad. 19 A There's a pool of the loans. It's not one 20 particular loan. It would be one bulk payment. 21 BY MR. NOCOS: 22 Q So each payment, each monthly payment by a 23 borrower is pooled along with other monthly payments of 24 other borrowers every month? 25 A Yes, sir. 43 1 Q And then all of these payments after 2 application, after they're applied to the principal, 3 interest and escrow, are then given to the investor. 4 A As I understand it, yes, sir, that is correct. 5 Q What happens if a monthly payment was missed by 6 a borrower? Is that -- at that time that would not be 7 credited to the principal, interest and escrow; is that 8 correct? 9 A That is correct. 10 Q And is that now going to be -- there will be a 11 deficit as to the monthly disbursement to the investor; is 12 that correct? 13 A No, sir, I -- as I recall, the funds are still 14 given to the investor, but at that point, then those funds 15 are actually put out by ASC and paid to the investor. The 16 investor still does get paid. 17 Q Okay. So then the investor is the Morgan 18 Stanley Loan Trust; is that correct? 19 MR. NOBLE: For this loan. 20 A Yes, sir. 21 BY MR. NOCOS: 22 Q Yes, for this loan. 23 Do you know the actual name, the full name of 24 that loan trust? 25 A Not off the top of my head, no, sir. 44 1 Q So every month that there is a disbursement to 2 Deutsche Bank and Morgan Stanley loan trust, that gets 3 paid regardless if the borrower did not send payments to 4 ASC; is that correct? 5 A That's my understanding, yes, sir. 6 MR. NOCOS: I'm kind of handicapped here without 7 my documents, but I'm looking for other spaces where I can 8 fill in the -- 9 MR. NOBLE: We'll do what we can for now. 10 MR. NOCOS: Remind me to send off a nasty letter 11 to Fed Ex. 12 BY MR. NOCOS: 13 Q You mentioned that Morgan Stanley is the 14 investor of the loan, is that correct, for this loan? 15 A Yes, sir. 16 Q What does that mean? 17 MR. NOBLE: Object as vague and overbroad. 18 A They are the investor. They invest their money 19 into this loan. That's my understanding. 20 BY MR. NOCOS: 21 Q Do they, do they pay for the loan? 22 A I don't quite understand. 23 MR. NOBLE: Answer only if you have knowledge. 24 A Yeah, I don't understand what you mean. I'm 25 sorry. 45 1 BY MR. NOCOS: 2 Q When you say they invested in this loan, what do 3 you mean by they invested? 4 A Companies have funds. They make investments. 5 Banks borrow those funds in order to loan them to other 6 people or borrowers. 7 Q Okay. So it's your understanding then, that 8 Morgan Stanley had funds that a bank borrows so that that 9 bank can make loans to borrowers? 10 MR. NOBLE: Object to the extent that misstates 11 the testimony. 12 But go ahead. 13 A Basically, yes, sir. 14 BY MR. NOCOS: 15 Q Do you know if New Century is one such bank? 16 A I believe so, yes, sir. 17 Q Do you know if Morgan Stanley lent money to New 18 Century so that New Century can lend money to borrowers? 19 MR. NOBLE: Answer only if you know the answer. 20 A Yeah, I don't know at this point, sir. 21 BY MR. NOCOS: 22 Q How do you know, then, Morgan Stanley is the 23 investor for this loan? 24 A Through the pooling and services agreement and 25 the research that I have done in regards to that. 46 1 Q What is it in the pooling and services agreement 2 that tells you that Morgan Stanley is an investor in this 3 loan? 4 MR. NOBLE: Object to the extent it calls for a 5 legal analysis. 6 A I'm sorry. Can you say that again. 7 BY MR. NOCOS: 8 Q What is it in the Pooling and Servicing 9 Agreement that tells you that Morgan Stanley is an 10 investor in this loan? 11 MR. NOBLE: I renew my objection. Calls for a 12 legal analysis. 13 A I can't recall. 14 BY MR. NOCOS: 15 Q Which parts of the PSA did you review prior to 16 your deposition? 17 A Section 3. Section 4. I believe Section 2. 18 Q Can you tell me what each section says or 19 discussed? 20 MR. NOBLE: Objection. Again it calls for a 21 legal analysis. 22 But go ahead. 23 A Basically, it talks about the capacity in which 24 the parties are to act on behalf of the trust. 25 BY MR. NOCOS: 47 1 Q Do you recall what Section 2 said? 2 A Not off the top of my head, no, sir. 3 Q Do you know what Section 3 said? 4 MR. NOBLE: Objection. Calls for a narrative 5 and a legal analysis. 6 A Not that I can recall. 7 BY MR. NOCOS: 8 Q Do you know what Section 4 says? 9 MR. NOBLE: Objection. Calls for a narrative 10 and a legal analysis. 11 A Not that I can recall off the top of my head. 12 It's a 267-page document. 13 Q I understand. I read it myself. How many pages 14 did you say it was? 15 A 267 pages, approximately. 16 Q How do you know you read Section 2, 3, and 4? 17 A No reason. 18 Q Had you read sections 2, 3 and 4 previously? 19 A Not for this particular PSA, but I have read 20 them in the past. 21 Q Can you be more specific? 22 A I've read Pooling and Servicing Agreements for 23 other loans before in the past. 24 Q Okay. When was the last time you read the PSA 25 prior to your review for the deposition? 48 1 A Couple of days ago. 2 Q Let me understand that correctly. When is the 3 last time you read the PSA prior to today? 4 A I read it a couple of days ago. Other than 5 that, then that's it. 6 Q You have never read the PSA prior to two days 7 ago? 8 A Correct, for this particular loan. 9 Q So the first time you actually read the PSA for 10 this particular loan was two days ago. 11 A Approximately, yes, sir. 12 Q Okay. Can you tell me how the loan went from 13 New Century to Deutsche Bank? 14 MR. NOBLE: Objection. Vague and calls for a 15 legal analysis. 16 A I don't recall. 17 BY MR. NOCOS: 18 Q Is it your understanding that the loan now 19 belongs to Deutsche Bank? 20 A Yes, sir, it is. 21 Q It's your understanding that loan is now owned 22 by Deutsche Bank. 23 MR. NOCOS: Objection, that that calls for a 24 legal analysis and it's vague. 25 A I believe so, yes, sir. 49 1 BY MR. NOCOS: 2 Q Just is it your understanding that Deutsche Bank 3 has a right to payments on this loan? 4 MR. NOBLE: Objection. Calls for legal analysis 5 and it's vague. 6 A Yes, sir. 7 MR. NOBLE: Answer only if you're sure. If 8 you're wrinkling your brow -- 9 THE WITNESS: Yeah, I'm trying to think. 10 I can't recall. 11 MR. NOCOS: Okay. At this time I'm going to 12 make an objection to any speaking objections by opposing 13 counsel. 14 BY MR. NOCOS: 15 Q Is it your understanding that this loan is part 16 of this loan trust? 17 A Yes, sir. 18 MR. NOBLE: Objection. Vague. 19 BY MR. NOCOS: 20 Q Do you have any documentation that identifies 21 this loan to be a part of this trust? 22 MR. NOBLE: Objection. Vague as to "this 23 trust." 24 BY MR. NOCOS: 25 Q Let me clarify. This Morgan Stanley trust for 50 1 which Deutsche Bank is who you said to be the trustee. 2 A It's contained within the schedule. 3 Q Is that schedule found anywhere in the PSA? 4 A No, sir. 5 Q Do you know where that schedule is kept? 6 A No, sir, I do not. 7 Q Have you seen that schedule before? 8 A Yes, sir, I have. 9 Q When was the last time you saw that schedule? 10 A Yesterday. 11 Q When was the last time you saw that schedule 12 prior to yesterday? 13 A Yesterday. That was all. 14 Q Sorry? 15 A Just yesterday. 16 Q Just yesterday. 17 Can you tell me what the schedule looked like as 18 far as how many columns and rows? 19 A I can't recall exactly how many columns or 20 rows. 21 MR. NOCOS: Can we take a two-minute break. 22 (Recess taken from 12:55 to 1:00 p.m., after 23 which Mr. Kudiya is now present.) 24 MR. NOCOS: Back on the record. 25 Ms. Shanabrook, I forgot to tell you that any 51 1 time you need to take a break, you can just tell me. I'd 2 appreciate it if you would not take a break if there's a 3 question to be answered, but any time you feel you need a 4 break, just let me know and we'll do so. 5 BY MR. NOCOS: 6 Q Okay. Back to the schedule, you mentioned 7 earlier that there's a schedule that you saw two days ago, 8 and prior to that time you had not seen the schedule; is 9 that correct? 10 A Actually, it was yesterday, I believe. 11 Q Sorry, yesterday. 12 Are there any identifying marks on that schedule 13 that tells you Ms. Cromwell's loan is part of this loan 14 trust? 15 MR. NOBLE: Objection, that that calls for a 16 legal analysis. 17 But go ahead. 18 A There are a lot of numbers included in, on the 19 schedule. 20 BY MR. NOCOS: 21 Q Okay. Do you know if there are any other 22 identifying marks on the schedule that tells you that 23 that's Ms. Cromwell's loan? 24 A It's identified by the loan number, sir. 25 Q Okay. And how did you -- did you come up with 52 1 that conclusion, that that was Ms. Cromwell's loan, or 2 that loan trust? 3 MR. NOBLE: Objection. Lacks foundation. 4 Go ahead. 5 A The loan number for Ms. Cromwell matched the 6 loan number that was contained within the schedule. 7 BY MR. NOCOS: 8 Q Is Ms. Cromwell's loan number the same loan 9 number as the one when New Century was servicing the 10 loan? 11 A As I recall, no, sir. 12 Q Do you know when it changed from another number 13 to the current loan number? 14 A As I recall, when ASC took over the service. 15 Q Is the current loan number on that schedule the 16 loan number that is what you understand to be the loan 17 number when ASC took over servicing? 18 A Yes, sir. 19 Q Do you know that at some point the loan for New 20 Century was transferred to the Morgan Stanley Loan 21 Trust? 22 A I'm sorry, I'm not following the question. 23 Q Do you know whether at some point this 24 particular loan went from New Century to the Morgan 25 Stanley Loan Trust? 53 1 MR. NOBLE: Objection. Calls for legal 2 analysis. 3 But go ahead. 4 A I know that it originated with New Century and 5 that Morgan Stanley has it in their trust at this time. 6 When it transferred, no, I don't recall. 7 BY MR. NOCOS: 8 Q Do you know whether if the loan went from New 9 Century to -- I'm going to rephrase my question. 10 Just my understanding, you said the owner of the 11 loan right now is the Morgan Stanley Loan Trust; is that 12 correct? 13 MR. NOBLE: Objection to the extent that calls 14 for legal analysis. 15 Go ahead. 16 A Yes, as I understand it. Correct. 17 BY MR. NOCOS: 18 Q And your source of your understanding is the 19 PSA; is that correct? 20 A Correct. 21 Q And the trustee for this loan trust is Deutsche 22 Bank; is that correct? 23 A Correct. 24 Q Do you have signing verifications for this 25 case? 54 1 A Yes, sir, I do. 2 Q When is the last time you signed a verification 3 for this case? 4 A A couple of days ago, I believe. 5 Q Do you recall what the verification said? 6 A In this particular instance, no, sir, I do 7 not. 8 Q Do you know when you signed verifications for 9 this case prior to a couple of days ago? 10 A On numerous occasions. 11 Q Do you recall which, what the verification 12 said? 13 MR. NOBLE: I'm going to object as vague. 14 Go ahead. 15 A No, sir. 16 BY MR. NOCOS: 17 Q Do you recall whether you're signing the 18 verifications on behalf of ASC? 19 A For Wells Fargo ASC. 20 Q Do you recall signing verifications on behalf of 21 Deutsche Bank for this case? 22 A For ASC as the servicer. 23 Q I'm sorry? 24 A For ASC as the servicer, I do recall, yes, sir. 25 Q You don't recall signing a verification on 55 1 behalf of Deutsche Bank? 2 A No. 3 MR. NOBLE: Objection to the extent it misstates 4 testimony. 5 A I don't recall, no, sir. 6 BY MR. NOCOS: 7 Q Okay. Thank you. Do you recall preparing a 8 declaration for this case? 9 A Yes, sir. 10 Q Can you tell me how you prepared that 11 declaration? 12 MR. NOBLE: Objection. Vague. 13 A To receive the declaration, verify the 14 information that's contained within it and to sign. 15 BY MR. NOCOS: 16 Q Did you say you received a declaration and then 17 you verified the information and then you signed? 18 MR. NOBLE: Objection. Are we discussing a 19 particular declaration or all declarations? 20 BY MR. NOCOS: 21 Q I can clarify if you want. 22 A Yes, sir, if you could. 23 Q You recall saying that you did sign a 24 verification for this case; is that correct? 25 A Yes, sir. 56 1 Q Do you recall how many declarations you signed 2 in this case? 3 A No, sir, I don't recall a number. 4 Q Okay. Can you recall the last declaration you 5 signed for this case? 6 A No, sir, not off the top of my head. 7 Q Okay. But you do have a recollection of at 8 least one declaration you signed for this case. 9 A Yes, sir. 10 Q And I'm going to reference this declaration that 11 you recall. How did you -- can you describe to me the 12 process by which you verified the documents and how you 13 signed the declaration? 14 MR. NOBLE: Objection. Vague and overbroad. 15 A If I receive a declaration, verify the 16 information that's contained within to match up between 17 the PSA and any of the information that we would have 18 within the vesting information that's contained within our 19 database system. And then from there, once that 20 information is verified, then I sign and scan and return 21 it to the attorney and send the original via overnight 22 mail. 23 BY MR. NOCOS: 24 Q Okay. I'm not going to ask you about any type 25 of conversations you had with your attorney. I'm not 57 1 allowed to get the answer, and I'm sure you know that 2 already. 3 A Yes, sir. 4 Q So if I do ask that, just remember that, though. 5 A Yes, sir. 6 Q So the declaration you signed with the 7 information that you needed to verify came from an 8 attorney; is that correct? 9 A That is correct, sir. 10 Q Did that come from Mr. Noble's office? 11 MR. NOBLE: Objection to the extent it does call 12 for privileged communications. 13 But go ahead. 14 A Yes, sir. 15 BY MR. NOCOS: 16 Q Okay. Now, you mentioned that you were signing 17 at least on the declaration for this case. 18 A Correct, sir. 19 Q Do you recall when you signed that 20 declaration? 21 A No, sir. 22 Q Was it a week ago? 23 A I don't recall. 24 Q Was it five days ago? 25 A I don't recall. 58 1 Q Was it two days ago? 2 A I don't recall. 3 Q Was it yesterday? 4 A No, sir. 5 Q It wasn't two days ago. 6 A I don't remember. 7 Q Do you recall signing a declaration for anyone 8 on behalf of anyone two days ago? 9 A No, sir, I don't remember. 10 Q Were you in Frederick, Maryland two days ago? 11 A Yes, sir, I was. 12 Q Do you recall signing a declaration that 13 involved Ms. Cromwell for another case? 14 A For another case, no, sir. 15 Q How do you verify documents -- or sorry. 16 How do you verify information that is contained 17 in declarations which are from a database, a loan file? 18 MR. NOBLE: Object as vague and overbroad. 19 A When information is received as far as the 20 declaration, I review the document. Print it out. 21 Compare the information that is contained within the 22 affidavit or the declaration or the verification with the 23 information that's contained within a database system. I 24 also pull the PSA and the vesting information for each 25 particular loan and match that information with the 59 1 information that I have. 2 BY MR. NOCOS: 3 Q And you testified earlier that you pulled the 4 PSA for this case, for this particular declaration we've 5 been discussing; is that correct? 6 A That is correct, sir. 7 Q Do you recall what information needed to be 8 verified on the PSA? 9 MR. NOBLE: Object as vague, as to time and 10 place and all kinds things. 11 A To one particular verification or declaration, 12 no, sir, I do not recall. 13 BY MR. NOCOS: 14 Q Okay. All right. Let's talk about this 15 particular loan and payments made to this loan. Do you 16 know if the payments on this loan are current? 17 A No, sir, the loan is in default. 18 Q Okay. Can you describe or can you tell me what 19 you mean by default. 20 A That there have been numerous payments that have 21 not been made on this loan. Therefore, the loan is not 22 contractually current. 23 Q Can you tell me what you mean by "not 24 contractually current"? 25 A Contractual due date at this time should be for 60 1 June of 2010. And the loan is in arrears at this time. 2 There are payments that are due on the loan; thus, the 3 loan is in default. 4 Q Do you know how many loans -- when was the last 5 time Ms. Cromwell paid on this loan? 6 A It's been several years since a payment was 7 made. I believe that the loan is ... I believe it's due 8 for December of 2007. But I cannot recall 100 percent 9 without seeing a payment history. 10 Q Do you know if there were any payments made, 11 when we're referring to Ms. Cromwell? 12 A Yes, sir, there were. 13 Q Do you know how many payments? 14 A I know that there was a bulk payment in the 15 amount of approximately $15,380 that were returned to 16 Ms. Cromwell on several occasions. And it appears by the 17 loan history that the payments were returned to her and 18 then sent back to ASC, and then returned to her again and 19 then sent back to ASC. 20 Q When you say "sent back to ASC," are you talking 21 about Ms. Cromwell making a payment again? 22 A By what appears on the payment history, yes, 23 sir. The funds were returned to ASC. 24 Q So the 15,000, as you recall, is within ASC? 25 MR. NOBLE: Objection. Vague. 61 1 A Yes, sir, and have since been applied towards 2 payments on the loan. 3 BY MR. NOCOS: 4 Q So the $15,000, or default of the 15,000 has 5 been applied to the loan. 6 A That is correct, sir. 7 Q Do you know when that was applied? 8 A I don't recall a date off the top of my head, 9 no, sir. 10 Q If I recall correctly, you said that the 11 payments are applied contractually through the principal, 12 the interest and the escrow; is that correct? 13 A Yes, sir, that is correct. 14 Q If a payment has not been made for several 15 months and a payment comes right after that, how is that 16 payment applied? 17 MR. NOBLE: Objection. Calls for a legal 18 analysis. But go ahead to the extent that you know. 19 A When a payment is received, if it is enough to 20 be applied as a payment, if the loan is contractually 21 current, then it is applied towards the next contractual 22 payment. 23 BY MR. NOCOS: 24 Q In a situation where a loan is not contractually 25 current, how is that payment applied? 62 1 A At this time it would depend on whether or not 2 the loan has been accelerated. If a loan has been 3 accelerated and is in default, then the funds will not be 4 accepted. If it is not, then it's -- the payment is 5 applied towards the next contractual payment. 6 Q Okay. Let me clarify. Ms. Cromwell has not 7 been contractually, or Ms. Cromwell has been contractually 8 in default, according to you, for several months now. 9 Payment was made several times and returned, in bulk 10 totaling about $15,000 approximately; is that correct? 11 A That is correct. 12 Q And this particular payment of 15,000 has now 13 been applied to her loan; is that correct? 14 A That is correct. 15 Q How are those $15,000 applied to the loan? 16 A As I recall, they are applied, at least two of 17 the payments, towards the contractual after the filing of 18 the bankruptcy. 19 Q Are those two payments totaling $15,000? 20 A No, sir. No, sir. 21 Q So how many -- what was the total of those two 22 payments that were applied to the loan? 23 A As I recall, it was approximately $8,000 that 24 was applied. 25 Q Do you know what happened to the other six or 63 1 seven thousand dollars? 2 A They remain in unapplied funds. 3 Q Say that again. 4 A The funds are in unapplied funds. 5 Q What does that mean? 6 A Unapplied account. It's ... I, I don't know how 7 else to explain it. Unapplied funds, it's a holding 8 account, I guess you would say. 9 Q Is there a reason why that six to seven thousand 10 dollars is in this holding account? 11 A I don't know. 12 Q Are late fees and penalties paid at all after 13 the principal, interest, escrow have been paid, or have 14 been yet paid using the funds that were given by the 15 borrower? 16 MR. NOBLE: Object as vague. 17 Go ahead. 18 A Provided that they are allowed pursuant to the 19 documents for the loan, yes. 20 In this particular instance, as I recall, there 21 have not been any payments made from the borrower's funds 22 towards any of the late fees. 23 BY MR. NOCOS: 24 Q Now, you stated earlier that the note, or the 25 loan may be accelerated; is that correct? 64 1 A That's correct. 2 Q What do you mean by that? 3 A If a loan is in default and foreclosure 4 proceedings are to commence, then a grant is made to the 5 borrower. If payment is not received, then the loan is 6 then accelerated, and then the entire loan is then due, 7 and the loan is then foreclosed upon. 8 Q When the loan is in default, do you mean it's 9 actually in default where there were no contractual 10 payments for that month? 11 A It would be several months that the loan was 12 under contractual obligation, not just one. But, yes, 13 sir. 14 Q Two months? 15 A No, sir. 16 Q Three months? 17 MR. NOBLE: Object to the extent that calls for 18 a legal analysis. 19 BY MR. NOCOS: 20 Q Three months? 21 A For this particular loan, I don't recall. 22 Q For any type of loan. 23 A Several months. That's as much as I can 24 recall. 25 Q Okay. So once the Notice of Acceleration is 65 1 sent and you said there's no response, did I hear you 2 correctly, if there's no response, then you go to your 3 foreclosure process? 4 A If there is no response -- no reinstatement 5 statement on the loan, actually, is more along the lines 6 of what I mean. 7 Q Okay. And how do you start the foreclosure 8 process? 9 A Well, in California it's through a trustee 10 service. And the loan is referred for foreclosure. 11 Q Do you recall who it is in this case? 12 A No, sir. 13 Q Who you referred the loan to? 14 A Sorry, no, sir, I don't recall. 15 Q You don't recall? 16 A No, sir. 17 Q Do you know what -- if there are any documents 18 sent to the trustee service to start a foreclosure 19 process? 20 A I don't recall in this instance, no, sir. 21 Q Do you recall if there's any -- strike that? 22 Are you familiar with the software program 23 called Vendorscape? 24 A Yes, sir, I am. 25 Q Okay. And if I can ask you to spell that 66 1 correctly. 2 A V-e-n-d-o-r-s-c-a-p-e. 3 Q Can you tell me about that program? 4 MR. NOBLE: Objection. Vague. 5 A It is a system in which the mortgage company and 6 the attorney's office communicate with regards to loans. 7 Referrals are sent through Vendorscape system. Referrals 8 are received. Documents are sent. Documents are 9 received. Communication is sent. Communication is 10 received, through the Vendorscape program. 11 BY MR. NOCOS: 12 Q When you say attorneys, do you mean a litigation 13 attorney like Mr. Noble? 14 A If they have access, yes, sir. Otherwise, it's 15 generally bankruptcy and foreclosure attorneys. 16 Q Are you talking about a trustee service? 17 A Yes, sir, there is that, as well. 18 Q Do you know if Mr. Noble has access to 19 Vendorscape? 20 A I don't have that information, sir. 21 Q Do you know if his office has access to 22 Vendorscape? 23 A I don't have that information, sir. 24 Q Do you know if any other attorneys that you work 25 will have access to Vendorscape? 67 1 A Yes, sir. 2 Q To attorneys in California? 3 A I don't have that information to a particular 4 attorney. 5 Q Can you recall at least one Northern California 6 attorney which you know has access to Vendorscape? 7 A I can't recall off the top of my head, no, 8 sir. 9 Q Do you know if the trustee service for which 10 this loan was referred for foreclosure has access to 11 Vendorscape? 12 A I don't have that information, no, sir. 13 Q What types of docs are transmitted or exchanged 14 within Vendorscape? 15 A Loan documents. Origination documents. Pay-off 16 reinstatement information. 17 Q Is a deed of trust transmitted or exchanged 18 within Vendorscape? 19 A Imaged documents, yes, sir. 20 Q Promissory note? 21 A Yes, sir. 22 Q Is that image from MedFile? 23 A FileMed? 24 Q Oh, sorry, FileMed. I'm sorry. 25 A That's okay. 68 1 Q Is it part of FileNet? 2 A No, sir, it's not part of FileNet. 3 Q So is there a separate imaging department that 4 will image documents that will be uploaded and exchanged 5 within Vendorscape? 6 A I don't have that information. 7 Q Have you used Vendorscape? 8 A Yes, sir, I have. 9 Q Have you uploaded documents in Vendorscape? 10 A Yes, sir, I have. 11 Q How did you upload the documents in Vendorscape? 12 A I scanned them. And then through the scanning 13 system, they were e-mailed directly to my desktop. And 14 then from my desktop, I took that image and uploaded it, 15 after browsing the documents on my desktop or through my 16 computer system, into Vendorscape. 17 And, Mr. Nocos, if I could, please, when we're 18 finished with this particular line of questioning, may I 19 take a break, please? 20 Q We can take break now if you want. 21 A Okay. That would be fine, sir. Thank you. 22 MR. NOCOS: Off the record. 23 (Recess taken from 2:25 to 2:55 p.m.) 24 BY MR. NOCOS: 25 Q I see that you have two binders in front of you. 69 1 It says Volume 1 of 2 and Volume 2 of 2; is that 2 correct? 3 A That is correct. 4 Q Okay. And it has tabs with up through 25 for 5 Volume 1 on the label. 6 A Yes, sir. 7 Q And volumes -- I'm sorry -- tabs 26 to 27 in 8 Volume 2; is that correct? 9 A Yes, that's correct. 10 Q Okay. Great. All right, let's go back to 11 the -- I think we ended up with the -- 12 Actually, I'm sorry. 13 I think the last question I asked was if you 14 had, yourself, uploaded the documents on Vendorscape. 15 A Yes, sir, I have. 16 Q Okay. Have you also downloaded or printed 17 documents off of Vendorscape? 18 A Yes, sir, I have. 19 Q Have you printed documents off of Vendorscape 20 that were uploaded by an attorney? 21 A Yes, sir, I have. 22 Q Have you transmitted -- have you uploaded 23 documents on Vendorscape for the purpose of sending that 24 to the attorney? 25 A Since my capacity at Wells Fargo, no, sir, I 70 1 have not. 2 Q Okay. And if documents are to be produced, how 3 do you, how do you send that to the asking party? 4 A By e-mail, through secure e-mail. 5 Q Not through Vendorscape. 6 A No, sir, I do not. 7 Q All right. If you can go to tab No. 16, 8 Volume 1. 9 A Yes, sir. 10 Q Do you recognize the first page of this 11 document? 12 A Yes, I do. 13 Q Okay. Can you tell me what it says up there on 14 the top right, right by line number one. 15 A "Verification." 16 Q Okay. And is that your name on the bottom over 17 there where there appears to be a signature line? 18 A Yes, sir, that is my signature. 19 Q Is that how you sign your name? 20 A Yes, sir, it is. 21 Q Okay. And can you tell me what you're signing 22 in this document? 23 A Verifying that I have read the responses for ASC 24 for the Request for Admissions. 25 Q Okay. And did you review those responses prior 71 1 to signing this? 2 A Yes, sir. 3 Q Okay. Let's go to the next page. 4 A Yes, sir. 5 Q Can you tell me what you're signing here, 6 please. 7 A Verification. 8 Q Okay. And what are you verifying? 9 A That I have read the responses for ASC's request 10 for production. 11 Q Does that say "Set 2" over there? 12 A Yes, sir, it does. 13 Q Okay. Is there anything checked in any of these 14 boxes? 15 A That I am a litigation specialist for ASC. 16 Q Okay, thank you. 17 The third page of this set of documents appears 18 to be a response, a verification to Responses of America's 19 Servicing Company to Special Interrogatories Set 2. Is 20 that correct? 21 A Yes, sir, that is correct. 22 Q And that's your signature on the bottom, as 23 well. 24 A Yes, sir, it is. 25 Q Okay. The fourth page in this set of documents 72 1 is another verification; is that correct? 2 A Yes, sir, that is correct. 3 Q And what are you verifying there? 4 A That I read the responses of ASC's form 5 interrogatories, Set 2. 6 Q Okay. And that's your signature on the bottom? 7 A Yes, sir, it is. 8 Q Okay. The fifth page of this set of documents 9 appears to be another verification. And what does it say 10 there? 11 A That I have read the foregoing responses of 12 Deutsche Bank National Trust Company to the form 13 interrogatories, Set 2. 14 Q And does it say there how you're authorized to 15 do that on behalf of Deutsche Bank? 16 A It states that I'm a litigation specialist, 17 sir. 18 Q Okay. Do you read anywhere there where it says 19 you're authorized to make this verification for Deutsche? 20 A For Deutsche Bank, as trustee for the Morgan 21 Stanley loan trust, which is a part -- 22 Q And do you know where you -- I apologize. 23 And do you know where you got this 24 authorization? 25 MR. NOBLE: Objection to the extent that that 73 1 calls for a legal analysis. 2 A Through the power of attorney. 3 BY MR. NOCOS: 4 Q Okay. We'll go to that later. 5 How do you know that ... okay, I'll ask you 6 about that later. 7 A Yes. 8 Q Let's look at the next page, which appears to be 9 the sixth page of this set of documents. Can you read 10 to me what you're verifying there. 11 A That's the responses of Deutsche Bank National 12 Trust to Requests for Admissions, Set 2. 13 Q Okay. And is that your signature on the bottom 14 over there? 15 A Yes, sir, it is. 16 Q Okay. And then the seventh page of this 17 document. 18 A Yes, sir. 19 Q What are you verifying here? 20 A Responses of Deutsche Bank National Trust 21 Company to Requests for Production, Set 2. 22 Q Okay. Is that your signature on the bottom over 23 there? 24 A Yes, sir, it is. 25 Q And did you read the responses of Deutsche Bank 74 1 prior to signing this? 2 A Yes, sir. 3 Q Okay. Do you recall if documents were produced 4 in conjunction with responses to this, the responses to 5 this? 6 A Yes, I produced documents. 7 Q Do you recall which documents you produced? 8 A No particular document comes to mind. 9 Q Okay. Do you know if those documents were 10 produced subsequent to you signing this particular 11 verification? 12 A As I recall, sir, I've signed several 13 verifications on this particular case and have been 14 providing information to the attorney for several months. 15 So there have been documents that have been produced 16 beforehand and also after the signature of this particular 17 document. 18 Q Okay. And so it's, your verification what you 19 signed here on April 27, 2010, is that still true as to 20 the documents you produced subsequent to you signing 21 this? 22 A Yes, sir. 23 Q And then if we go to the last page of this 24 document set, can you tell me what you're verifying here, 25 please. 75 1 A The responses of Deutsche Bank National Trust 2 Company to Special Interrogatories Set 2. 3 Q Okay. And is that your signature on the bottom? 4 A Yes, sir, it is. 5 Q Okay. And did you read the Responses to the 6 Special Interrogatories Set 2 prior to signing this? 7 A Yes, sir, I did. 8 Q Okay. Thank you. 9 A You're welcome. 10 Q We've going to go now to another set of 11 verifications that you signed. And that would be tab 12 No. 17 in that binder you have. 13 Okay. We're going to flip through right after 14 that letter from Ms. Hogue (sic), Linda Hogue. 15 A Yes, sir. 16 Q Or Han, sorry. 17 (Reporter requests clarification.) 18 MR. NOCOS: Han, H-a-n. 19 BY MR. NOCOS: 20 Q So immediately following that cover page letter, 21 we have a verification here. Can you please read to me 22 what it says on the top after "Verification"? 23 A "I have read the foregoing First Supplemental 24 Responses of America's Servicing Company to Request for 25 Production, Set 2." 76 1 Q Okay. And you did review those responses prior 2 to signing this? 3 A Yes, sir, I did. 4 Q Okay. Did you produce any documents in 5 conjunction with this response? 6 A I don't recall what documents it was requesting 7 at the time, sir. But I do know that I have produced 8 numerous documents to my attorney since this time period. 9 Q Okay. And is that your signature on the bottom 10 of that page? 11 A Yes, sir, it is. 12 Q The second document here, can you please read 13 from the top after "Verification." 14 A "I have read the foregoing First Supplemental 15 Responses of America's Servicing Company to Special 16 Interrogatories, Set 2." 17 Q Okay. And did you read the Supplemental 18 Responses of America's Servicing Company's Special 19 Interrogatory, Set 2 prior to signing this? 20 A Yes, sir, I did. 21 Q Okay. And is that your signature on the bottom? 22 A Yes, sir, it is. 23 Q Okay. Thank you. 24 The next page, it's another verification. Can 25 you please read to me at the top of that page after 77 1 "Verification." 2 A "I have read the foregoing First Supplemental 3 Responses of Deutsche Bank National Trust Company to 4 Special Interrogatories, Set 2." 5 Q Okay. And do you remember reviewing their 6 supplemental responses of Deutsche Bank prior to signing 7 this document? 8 A Yes, sir. 9 Q Okay. And that is your signature on the bottom? 10 A Yes, sir, it is. 11 Q Thank you. And this last page is another 12 verification. Can you please read to me the whole 13 verification prior to the sentence that says, "Executed on 14 May 24, 2010." 15 A "I am a litigation specialist of America's 16 Servicing Company, a party to this action. I have 17 reviewed the document produced to plaintiff bearing the 18 imprint CROM 00886 through 00893. These documents were 19 obtained from Morgan Stanley pursuant to this litigation." 20 Q Okay. And is that your signature on the bottom? 21 A Yes, sir, it is. 22 Q And do you recall reviewing those documents that 23 were produced that had the -- that were bearing the 24 imprint CROM 00886 through 00893? 25 A Yes, sir. 78 1 Q Do you recall what those documents were? 2 A The Pooling and Services Agreement, as I 3 recall. 4 Q Okay. And those documents were obtained from 5 Morgan Stanley? 6 A I can't recall. 7 Q Okay. Do you obtain documents from Morgan 8 Stanley pursuant to this litigation? 9 A Yes, sir. 10 Q How do you obtain those documents? 11 A I make a request through Client Services, and 12 then they in turn obtain information that I request. 13 Q Is Client Services a department within Wells 14 Fargo or within Morgan Stanley? 15 A Within Wells Fargo, sir. 16 Q Where does Wells Fargo then communicate their 17 request after you make that request with them -- sorry, I 18 forgot -- with that department you just mentioned? 19 MR. NOBLE: Client Services. 20 A Client Services? I do not know, sir. 21 BY MR. NOCOS: 22 Q Okay. So you don't have a direct contact with 23 Morgan Stanley. 24 A No, sir, I do not. 25 Q Okay. Is this something that's uploaded to 79 1 FileNet? 2 A What do you mean by "this," sir? I'm sorry. 3 Q Documents that are obtained from Morgan Stanley 4 in this litigation. 5 A No, sir. Generally when I request documents and 6 then they are actually e-mailed to me. 7 Q Okay. And is that then uploaded to FileNet 8 later on? 9 A No, sir. 10 Q Okay. Thank you. 11 If you can now go and -- the second, go to the 12 second binder. Tab number 26 is what was produced to us. 13 Are you there? 14 A Yes, sir, I'm here. 15 Q Okay. Can you tell me what this is, on the 16 first page of that document behind tab number 26 on the 17 upper right-hand corner? 18 A This is a title page for the Pooling and 19 Servicing Agreement. 20 Q Okay. What is that -- the two words in the 21 upper right-hand corner? 22 A "Execution Version." 23 Q Okay. What does that mean, "Execution 24 Version"? 25 A I don't know. 80 1 Q Okay. And there's also a notation at the 2 lower, left-hand corner. It says, CONFIDENTIAL, in all 3 caps. 4 A Yes, sir. 5 Q What is those set of letters right above that? 6 A NYLIB 5, and then a series of numbers, 7 887910.12. 8 Q Do you have any indication what those numbers 9 mean or those letters mean? 10 A No, sir, I do not know. 11 Q Okay. Have you seen this document before? 12 A Yes, sir, I have. 13 Q When was the last time you saw this document? 14 A Yesterday. 15 Q This is the same document that you reviewed? 16 A Yes, sir, it is. 17 Q Okay. Does it also bear the numbers in the 18 lower right corner that says CROM 00574? 19 A The particular document that I reviewed did not 20 have the CROM number, sir. 21 Q Okay. Is there anything on this document that 22 you have right now in the binder that appears on this 23 document that does not appear on the document that you 24 reviewed yesterday? 25 A Other than the words "Confidential" and the CROM 81 1 number, no, sir. It's exactly the same otherwise. 2 Q Okay. Where did you get a copy of this, or 3 where did you get the PSA that you reviewed yesterday? 4 A I obtained it off of the Internet Web site that 5 we use internally at Wells Fargo that contains the PSA. 6 Q What Web site is that? 7 A It's the Wells Fargo home page, and then from 8 there I went into the servicing agreements. 9 Q Did you review it online or did you print out 10 the pages and review them? 11 A Both. 12 Q Okay. How many pages did you print out? 13 A Approximately 267. There was 276 for the first 14 page. And there's also a, I think an addendum or 15 supplement or something, the omnibus amendment, which is, 16 I believe, is another eight pages. 17 Q Okay. Do you know if this original PSA resides 18 somewhere? 19 A I'm sorry, say that again, please. 20 Q Do you know if the original of this Pooling and 21 Services Agreement is located somewhere? 22 A I know that it's on the Web site, but where else 23 it's held, I do not know. 24 Q Okay. Are you aware that the Pooling and 25 Services Agreement is also filed with the Securities and 82 1 Exchange Commission? 2 A Yes, sir, I am aware of that. 3 Q Okay. And to your knowledge, is the PSA that 4 you read online and printed out, is that the same PSA that 5 was filed with the SEC? 6 A I have not reviewed the copy that was filed with 7 the SEC, so I cannot make that determination. 8 Q Have you seen the papers that were uploaded at 9 SEC at all? 10 A No, sir, I have not. 11 Q Have you seen any copies of the PSA for any loan 12 trusts that were filed with the SEC? 13 A No, sir, I have never searched on the SEC Web 14 site for them. 15 Q Okay. Is that part of your duties, to review 16 documents that are filed with the SEC? 17 A No, sir, it is not. 18 Q Do you know if anyone from Wells Fargo would 19 have that duty? 20 A I'm sure there is, but who that person is, I do 21 not know. 22 Q Do you know of the title that would have that 23 duty? 24 A No, sir, I do not. 25 Q Okay. Let's go to -- let's dig through this 83 1 hole. All right. You said you went to Section 2 of the 2 PSA to review. That's page 61 of the PSA, which would 3 bring me to, if you go to the lower right-hand corner, 4 CROM 00640. 5 A Yes, sir, I'm there. 6 Q Okay, great. Do you remember reviewing this 7 page? 8 A I do recall reading it, yes, sir. 9 Q Okay. Can you go to page CROM 00643. 10 A Yes, sir. I'm there. 11 Q Okay. Can you go to paragraph C. That's about 12 the third paragraph on that page. 13 A Yes, sir. 14 Q Can you please read to me the first sentence in 15 that paragraph. 16 A Paragraph C, "The depositor does hereby 17 establish, pursuant to the further provisions of this 18 agreement and the laws of the State of New York, an 19 Express Trust. The trust to be known for convenience as 20 Morgan Stanley, Capital I, Inc. Trust, 2006," dash, "NC2, 21 and Deutsche Bank National Trust Company is hereby 22 appointed as trustee in accordance with the provisions of 23 this agreement." 24 Q Okay. And is the Morgan Stanley Capital One, or 25 Roman numeral I, sorry, Inc. Trust 2006 NC 2 the loan 84 1 trust we have been discussing this morning? 2 A Yes, sir. As I recall, yes, sir. 3 Q And is it your understanding, then, that the 4 Morgan Stanley, capital I, Roman numeral I, Inc. Trust 5 2006-NC 2 is the owner of the loan? 6 MR. NOBLE: I'm going to object that this calls 7 for a legal analysis. I think this document is a legal 8 document that speaks for itself. And Ms. Shanabrook is a 9 lay witness here, and I think it's inappropriate to have 10 her testify about what's in a legal document here and how 11 to interpret that. 12 But subject to that objection of this entire 13 line here, why don't you go ahead and answer to the extent 14 that you understand it. 15 A It's my understanding that this is the pooling 16 and servicing agreement for this particular loan with 17 regards to the Morgan Stanley Capital Trust. 18 BY MR. NOCOS: 19 Q And is that the trust in the 2006, dash, NC 2 20 Trust? 21 A Yes, sir. And in my capacity, that's as much as 22 I do know. 23 Q And it's your understanding, then, that 24 Ms. Cromwell's loan is part of this trust? 25 MR. NOBLE: I'm going to object to that calls 85 1 for a legal conclusion. 2 But go ahead. 3 A Yes, sir, that is my understanding. 4 BY MR. NOCOS: 5 Q And how did you come to that understanding? 6 A When I had requested the schedule, it was 7 included in the schedule, which is also related to this 8 particular Pooling and Servicing Agreement. 9 Q Is that, when you say it's related, is it part 10 of this schedule, meaning it is part of this Pooling and 11 Servicing Agreement? 12 A I'm sorry, I don't quite follow you. Could you 13 repeat that? 14 Q Is it, is the schedule contained within the 15 276-plus pages of documents that you reviewed? 16 A No, sir, it is not. 17 Q Do you know where that schedule is located? 18 A I requested it from Client Relations -- or 19 Client Services, and it's my understanding, as I recall, 20 that they had actually requested it from Morgan Stanley. 21 Anything other than that, I would not have that 22 information, sir. 23 Q Do you recall how many pages were provided to 24 you from Client Services when you requested the schedule 25 for this loan trust? 86 1 A I know that it's quite a voluminous document, 2 and as I recall, all of the other loan information was 3 redacted with the exception of Ms. Cromwell's loan. 4 Q Can I direct your attention to the other binder, 5 please, and look under tab number 6. 6 A Yes, sir, I'm there. 7 Q Okay. If you're looking at it horizontally or 8 in a landscape mode, to the left is a -- it says 9 "Redacted"; is that correct? 10 A Yes, sir, that's correct. 11 Q Okay. And then in the upper right-hand corner, 12 it says the page and CROM 00086. 13 A That is correct. 14 MR. NOBLE: I'm sorry, which exhibit number is 15 this? 16 MR. NOCOS: We haven't have been marking them. 17 MR. NOBLE: How did you refer to that? 18 MR. NOCOS: This is tab 6. After this we are 19 going to start marking the exhibits. I forgot to mark 20 them. Sorry. 21 BY MR. NOCOS: 22 Q It's the first page under tab 6? 23 A Yes. Yes, sir, I'm there. 24 Q Okay. And this is the -- this was produced to 25 us from America's Services Company in this case in our 87 1 request for production of documents. Do you recall 2 reviewing this, this page? 3 A Yes, sir, I do recall this page. 4 Q Okay. And is there anything under this page 5 that's redacted? Without giving me any information, is 6 there anything on this two rows here? 7 A Every other loan that would be included is 8 redacted. 9 Q Okay. 10 A Leaving just for this particular loan. 11 Q Okay. So when this -- is this a document that 12 you received from Client Services when you requested from 13 Morgan Stanley a copy of the loan schedule? 14 A Yes, sir, it is. 15 Q Okay. And on this first page that says 000886, 16 there is a table. And on that first column, there appears 17 to be a heading. Can you read that heading for me, 18 please. 19 A Deal ID Name. 20 Q Okay. And do you know what that means? 21 A No, sir. 22 Q Okay. What about the number and the letters 23 right below that? 24 A The 2006-NC2? 25 Q Yes. 88 1 A That is the identification as far as the Morgan 2 Stanley trust is concerned. But without knowing that 3 information, you would not be able to tell just by this. 4 Q I understand. By you reading this, you can't 5 tell me what this 2006 NC2 means. 6 A Yes, sir. 7 Q That the loan -- okay. And how are you able to 8 know that? 9 A Because I know what the heading is for the 10 Morgan Stanley trust, and I know that the 2006-NC2 is the 11 same as that. Other than that, I would not know, sir. 12 Q Okay. The next column now is -- can you read 13 to me what it says on the top? 14 A "Deal ID." 15 Q Okay. And what does that mean? 16 A I do not know. 17 Q Okay. Do you know what the numbers 4141 right 18 below it says? 19 A No, sir, I do not. 20 Q Okay. Can you tell me the next heading, then, 21 in the third row, or the third column? 22 A "Loan ID." 23 Q Okay. And what is that loan ID? 24 A I do not know. 25 Q Okay. Do you know what those numbers 89 1 1004565009, right below loan ID, do you know what those 2 mean? 3 A No, sir, I do not. 4 Q Okay. What about ADDPCITY in the next column? 5 Do you know what that means? 6 A What it stands for exactly, no, sir, I do not 7 know. 8 Q Okay. Do you know what the word Antioch says 9 right at the bottom, right below that? 10 A That's the city in which the property is 11 located. Other than that, I do not know. 12 Q How do you know that's where the city, that's 13 the city where the property is located? 14 A I know that Ms. Cromwell's property is located 15 in Antioch, or however it's pronounced. 16 Q Okay. Antioch (pronouncing). 17 A Antioch. Thank you. 18 Q Okay. And then the next column, do you know 19 what that means? 20 A ADDPSTATE, no, sir. 21 Q Okay. Can you go through pages 886 through 893. 22 A Yes, sir. 23 Q Do you recall giving this document to 24 Mr. Noble? 25 A Yes, I do actually. 90 1 Q Okay. Was the document given to him as you see 2 it right now or before the redaction? 3 A It was given in this format. 4 Q With the redaction already? 5 A Actually, I can't recall if it was before or 6 after. 7 Q Do you normally provide documents before or 8 after the redaction if they're asked for in litigation? 9 A I've given documents before redaction, as well 10 as after redaction. It just depends on the amount, as 11 well as whether the attorneys have the capacity to be able 12 to redact any information that's required. Because one of 13 the requests that we have is that the other 14 loan information is not provided, for confidential 15 purposes. 16 Q Do you recall if Mr. Noble's office has the 17 capacity to understand whether these documents, these 18 entries that are redacted were supposed to be redacted? 19 A I do know that he's aware, because I've actually 20 talked to him about that. But at the same time, I can't 21 recall whether it was redacted before or after. 22 Q My question was, do you know if he has, his 23 office has the capacity to perform the redaction of this 24 particular, of these particular documents? 25 A I can't recall. 91 1 Q Okay. Before you saw this format before, you 2 saw these documents before they were redacted; is that 3 correct? 4 A I can't recall whether I saw them before, but I 5 do know that I've seen the redacted version. 6 Q I don't understand. When you received these 7 documents from Client Services, how were they presented to 8 you? 9 A By e-mail, but I can't recall which format it 10 was that I sent to Mr. Noble. I'm sorry. 11 Q I understand. So when you received these by 12 e-mail, did they have the redactions? On the documents 13 which you received, were they redacted or not redacted? 14 A I can't recall. I can't recall if they were 15 redacted beforehand or afterwards. I don't recall if 16 Mr. Noble's office redacted them or not. I'm sorry. 17 Q Okay. So just so I can clarify. When you made 18 a request to Client Services for a loan schedule involving 19 this loan trust, Client Services came back to you with a 20 set of documents; is that correct? 21 A That is correct. 22 Q Okay. And is it now your testimony that you 23 can't recall whether those documents when you printed them 24 off your computer, whether they had been redacted or not 25 redacted; is that correct? 92 1 A Correct. I can't recall that. 2 Q Is it a normal practice for Client Services to 3 redact documents before they are sent to the requesting 4 party? 5 A I can't recall. 6 Q What capacity would the Client Services have to 7 redact documents regarding this case? 8 MR. NOBLE: Object as to vague as to "capacity." 9 But go ahead. 10 A I know that I spoke with Client Services. As I 11 recall the conversation when I spoke with them, they could 12 redact it, but I can't remember whether they did redact it 13 or not. So I don't know. 14 BY MR. NOCOS: 15 Q Are they able to redact documents pertaining to 16 this case based on a set of instructions from you? 17 A Yes, sir. 18 Q Okay. What kind of instructions, if any, would 19 you give with regard to this type of request so that 20 Client Services would know that they have the ability to 21 redact or not redact the documents? 22 A That I've requested the schedule, and that they 23 redact the information to only send for this particular 24 loan. And they would comply, but I cannot recall whether 25 it was done or not in this particular instance or whether 93 1 it was done by Mr. Noble's office or whether it was done 2 by Client Services. 3 Q But you don't recall redacting it yourself. 4 A I know I did not redact it myself. 5 Q Okay. Fair enough. 6 Is it fair for me to say, then, when I read 7 everything on that column on page 886, that you don't know 8 any of those headings above; is that correct? 9 A I don't know what the acronyms or the title for 10 each of the columns particularly mean. 11 Q Can we go to the next page then, 887. 12 A Yes, sir. 13 Q If you can just go through all of those columns 14 and their headings, and if you can tell me if any of those 15 you recognize as something you would have. 16 A No, sir. 17 Q Can we go to page 888 then. 18 A Yes, sir. I'm there. 19 Q Same question, do you recognize any of those 20 headings and what they mean? 21 A No, sir, I do not. 22 Q Can you go to page 889, please. 23 A Yes, sir, I'm there. 24 Q Do you recognize any of those headings and do 25 you know what they mean? 94 1 A The first two columns -- I'm sorry. The first 2 three columns would be the date of first payment, the date 3 of the origination of the loan and the date of maturity. 4 Q How do you know that those are what they mean? 5 I need to know if you're estimating or guessing 6 or it's just because you think it's common sense. 7 A Well, I do know with this particular loan it 8 ties into the same information, but it would be an 9 educated guess. 10 Q Okay. And what is the basis of your educated 11 guess? 12 A That the date of first payment for this 13 particular loan was due on the 1st of January 2006, the 14 date of the origination of the loan, and then the date of 15 the maturity for the loan. 16 Q Okay. But you don't have -- you can't say for 17 certain that those headings mean what you think they mean. 18 A Correct. 19 Q Can you go to the next page ending -- 20 A Yes. 21 Q -- in 890. 22 A Yes, sir. 23 Q Are you familiar with any of these headings and 24 do you know what they mean? 25 A No, sir. 95 1 Q Can we go to page 891, please. 2 A Yes, sir. 3 Q Are you familiar with any of those headings and 4 do you know what they mean? 5 A No, sir. 6 Q Can we go to page 892, please. 7 A Yes, sir. 8 Q Are you familiar with those headings? 9 A No. 10 Q You don't know what they mean? Is that a no? 11 A That is correct, sir. That's a no. 12 Q And on page 893, are you familiar with those 13 headings? 14 A No, sir. 15 Q Okay. And you don't know what they mean? 16 A No, sir. 17 Q So from page 886 through page 893, for certain 18 you do not know any of those headings. You're not 19 familiar with them. 20 A Correct. 21 Q And you do not know what they mean. 22 A Correct. 23 Q Thank you. 24 MR. NOCOS: Okay. Let's -- can we start marking 25 exhibits before we lose track. Let's just start with the 96 1 last one we saw. 2 MR. NOCOS: The redacted Exhibit No. 6, can we 3 mark that as D, as in dog. 4 (Exhibit Nos. A through E marked for 5 identification and retained by counsel.) 6 BY MR. NOCOS: 7 Q Can I direct you now to tab 27 of the second 8 binder. 9 A Yes, sir, I'm there. 10 Q Okay. You don't have this marked as any exhibit 11 number or with any Cromwell Bates numbers, so I'm going to 12 refer to what's on top. It says page 1 of 221. Do you 13 see that in the lower right-hand corner? 14 A Yes, I do. 15 Q Okay. Have you seen this document before? 16 A Not in this capacity, though, sir. 17 Q Okay. Can I direct you to go to page 178 of 221 18 in that document. 19 A Okay. 178, yes, sir. I'm there. 20 Q Okay. Have you seen this document before, or 21 this page? 22 A (Witness peruses document.) 23 No, sir. 24 Q Okay. Do you know if there is an Exhibit U to 25 the PSA that you have reviewed? 97 1 A No, sir, not that I can recall that I have. 2 Q Do you know if any PSAs you've reviewed for any 3 other loans contain an Exhibit U? 4 A (Witness peruses documents.) 5 Yes, sir. 6 Q Okay. Can you tell me what Exhibit U is in the 7 PSAs that you've reviewed? 8 MR. NOBLE: Object to the extent it calls for a 9 legal analysis. 10 But go ahead. 11 A It's my understanding that it's the purchase 12 agreement for this particular PSA. 13 BY MR. NOCOS: 14 Q Okay. And can I direct you to flip back to tab 15 No. 26, then. 16 A Yes, sir. 17 Q Okay. And then can I direct you to go to the 18 page CROM 00831. 19 A Yes, sir, I'm there. 20 Q Okay. Have you seen this page before on the 21 PSA? 22 A Yes, sir. 23 Q Is the PSA that you used, does it contain this 24 Exhibit U? 25 A (Witness peruses exhibit.) 98 1 As I recall, yes, sir. 2 Q Is Exhibit U the same as -- does it look the 3 same as it is on this page that you're looking at right 4 now? 5 A Yes, sir. 6 Q Are there any other pages that come after 7 Exhibit U that you've read in your PSA? 8 A I can't recall. 9 Q To your knowledge, is the purchase agreement, 10 the way it is contained in the PSA that you reviewed, only 11 a one page document that says Exhibit U and then the 12 purchase agreement at the bottom? 13 A I can't recall. 14 Q Do you know of anybody who can provide that 15 information to me? 16 MR. NOBLE: Objection. Available as to what 17 information? 18 BY MR. NOCOS: 19 Q Whether the purchase agreement is contained in 20 Exhibit U the way it is in the documents that were 21 produced to us. 22 A The way that they were produced to you, not off 23 the top of my head, no, sir, since I'm the person that 24 produced them. 25 Q Did you review this PSA? 99 1 A Yes, I did. 2 Q And when did you review it last? 3 A Yesterday. 4 Q Did you review it anytime prior to yesterday? 5 A When I printed it out when I also sent it to my 6 attorney. Other than that, I don't recall any other 7 instances. 8 Q When did you print out this PSA? 9 A Other than a couple of days ago, I can't recall 10 exactly the date. 11 Q You can't recall any other date or you know that 12 there's no other date that you printed out this PSA? 13 A I can't recall that I printed it out -- what 14 particular date I actually did print it out, but I do know 15 I printed it out. 16 Q Okay. And in this tab No. 26, everything that's 17 contained under that tab is what you produced to 18 Mr. Noble? 19 A To the best of my knowledge, yes, sir. 20 Q And to the best of your knowledge, that was what 21 was signed in your verification, saying that you reviewed 22 this production of documents and that contained this 23 production? 24 A Correct. 25 Q If you can go back to the last page of that tab 100 1 No. 26. 2 A Which CROM number? 3 Q Let's go with CROM 0378. 4 MR. NOBLE: I think mine has, goes from 848 to 5 883. 6 THE WITNESS: Yes. I do not have anything in 7 between. 8 MR. NOCOS: Could we take a two-minute break, 9 please. 10 THE WITNESS: Yes, sir. 11 (Discussion off the record.) 12 BY MR. NOCOS: 13 Q Now let's go back to page 883. 14 A Yes, sir. I'm there. 15 Q Okay. Do you recall seeing this document? 16 A (Witness peruses exhibit.) 17 Yes, sir. 18 Q Okay. And was this part of the production of 19 documents that you sent to Mr. Noble? 20 A As I best recall, yes, sir. 21 Q Okay. And do you know if this was produced with 22 a PSA? 23 A Maybe not with. 24 MR. NOBLE: Objection to the "produced with." 25 A I say maybe not with, but during that particular 101 1 time period, yes, sir. 2 BY MR. NOCOS: 3 Q When you print out the PSA, is that part of the 4 PSA when you print it out? 5 A (Witness peruses exhibit.) 6 I don't recall whether it's contained within or 7 not. 8 Q Do you know where you got this document? 9 A I don't recall, sir. 10 Q Where would, where would be the best place for 11 you to look for this document if you were looking for 12 it? 13 A I would e-mail the power-of-attorney mail box 14 and ask for a copy of the power of attorney. 15 Q Okay. And what is the power or attorney 16 mailbox? 17 A It's a mailbox where we make any requests when 18 we need a power of attorney. 19 Q And where is that, the recipient of that 20 e-mail? 21 A In Frederick, in Maryland. 22 Q Okay. Is that in the same building as your 23 building? 24 A Yes. 25 Q Okay. So it's another department within Wells 102 1 Fargo? 2 A Yes, sir, it is. 3 Q And is this power of attorney then e-mailed to 4 you? 5 A Yes, it is. 6 Q Okay. So as far as you're concerned, this power 7 of attorney was not part of the Pooling and Servicing 8 Agreement that you pulled out and printed. 9 A I can't recall whether it was or was not, sir. 10 Q Do you recall making a request for a POA, power 11 of attorney, mailbox for this particular document? 12 A I know that I made a request, but I do not 13 recall whether or not this document was produced by that 14 request. 15 Q Okay. Is it possible, then, that you would have 16 access to this document other than through the 17 Power-of-Attorney Mailbox? 18 A Generally, I ask for it by the mailbox, so I 19 can't recall either way. 20 Q Has there been an instance when you had obtained 21 this document other than your Power-of-Attorney Mailbox? 22 A Not that I can recall. 23 Q Okay. For this particular case, do you recall 24 making any other -- obtaining a power of attorney for this 25 case not through the Power-of-Attorney Mailbox? 103 1 A I can't recall. 2 Q So you can't tell for certain where the source 3 of this document is. 4 A I can't recall whether it was part of PSA or 5 whether or not it was through the request that I made 6 through the Power-of-Attorney Mailbox. 7 Q Okay. Is there anything that would be able to 8 refresh your recollection? 9 A No, sir. 10 Q Nothing? 11 A Unless I actually look at what I produced to 12 Mr. Noble, no, sir. I would have to go back and review it 13 again to see whether or not it was in that set of 14 documents. 15 Q You do have a copy of those set of documents 16 that you produced to Mr. Noble. 17 A Yes, sir, I kept everything. 18 Q Okay. Is that something that you can provide 19 to me? 20 MR. NOBLE: Objection. I'm not sure exactly 21 what we're referring to. 22 MR. NOCOS: Well, all the documents that were 23 produced to Mr. Noble, subject to, of course, objections. 24 MR. NOBLE: Well, she's not going to produce 25 anything to you. I will. 104 1 BY MR. NOCOS: 2 Q Can you give them to Mr. Noble to be produced to 3 us? 4 A Yes, sir. 5 MR. NOBLE: What documents are we referring to? 6 MR. NOCOS: She said she gave you documents. 7 MR. NOBLE: That we produced. We don't need to 8 go into this now. 9 MR. NOCOS: Okay. 10 BY MR. NOCOS: 11 Q Shifting of gears -- 12 MR. NOBLE: Since you're shifting gears, can we 13 take a three-minute break? 14 MR. NOCOS: Sure. Off the record. 15 (Recess taken from 3:55 to 4:05 p.m.) 16 BY MR. NOCOS: 17 Q Let's go back to tab 26. This is Exhibit C. 18 Can you go to page number 878 through pages 882. 19 A Yes, sir. 20 Q Have you seen this document before? 21 MR. NOBLE: I want to make sure we're talking 22 about all documents under the -- between 878 and 882. 23 MR. NOCOS: Yeah, that's correct. 24 A Yes, sir. 25 BY MR. NOCOS: 105 1 Q Okay. And when did you see this last prior to 2 today? 3 A I can't recall a particular date, sir. 4 Q This is the part of the production of documents 5 you have sent to Mr. Noble to be sent in response to a 6 request? 7 A Yes, sir. 8 Q Do you recall printing this out on your computer 9 and submitting it to Mr. Noble? 10 A I don't recall. 11 Q Do you recall how you obtained this document? 12 A No, sir, I can't recall. 13 Q Okay. And then can you read to me the words 14 right on top, centered on that page? 15 MR. NOBLE: Which page? 16 MR. NOCOS: Sorry. 878. 17 A "Limited Power of Attorney." 18 BY MR. NOCOS: 19 Q Okay. Is this one of the powers of attorneys 20 that you requested from the Power-of-Attorney Mailbox? 21 A I requested a power of attorney. 22 Q You requested a power of attorney? 23 A That is correct, sir. 24 Q Okay. How many requests did you make with the 25 Power-of-Attorney Mailbox, for this case? 106 1 A As I recall, one request? 2 Q Okay. Do you recall what the request was, the 3 request that you made? 4 A Please send me that power of attorney for this 5 loan. 6 Q Okay. 7 A And then I gave the investor ID information. 8 Q Is that in an e-mail that you sent to the 9 Power-of-Attorney Mailbox? 10 A Yes, sir, it is. 11 Q Okay. And the response that you got? 12 A I don't recall off the top of my head. 13 Q Do you recall if this document, pages 878 14 through 882, was sent in response to your request? 15 A I can't recall. 16 Q Do you know if there are any other places or 17 sources where you can get or obtain this particular 18 document? 19 A I don't have that information. I can't 20 recall. 21 Q Is there a place within Wells Fargo where you 22 have to call for contact if you don't get a response from 23 the Power-of-Attorney Mailbox, to obtain the documents 24 you're requesting? 25 A Client Services. 107 1 Q Client Services would have this information, 2 information about the power of attorney? 3 A The person in particular that I deal with, we 4 deal with by the mailbox. If necessary, I can e-mail 5 directly but it's not ... it's requested not to e-mail the 6 particular person, because if they're not there, then the 7 mailbox is manned by somebody else. 8 Q Okay. So there's a particular e-mail address 9 that just says blank at blank dot com. 10 A Correct. 11 Q Or whatever it is. 12 A Right. 13 Q And that goes to a general mailbox, not directly 14 to the person. 15 A Correct. 16 Q Okay. Is it your practice, then, that you just 17 send it and then wait for a response? 18 A Yes, sir. 19 Q Do you check whether the response was received 20 or not? 21 A No, sir. 22 Q Okay. If we can go back to pages 883 through 23 885. Are you on page 883? 24 A Yes, sir. I'm there, sorry. Mine are out of 25 numerical order. 108 1 Q Are they really? I'm sorry. 2 A That's okay. 3 Q Okay. Can you tell me what, on the middle of 4 the page, there's a name that is next to the words 5 "Printed Name," colon, and then right above that, there is 6 a signature. Can you tell me what that name says? 7 A Holly Etlin, E-t-l-i-n. 8 Q Can you tell me her printed title? 9 A Chief Executive Officer. 10 Q And right above her signature, there's a bunch 11 of words in all caps. Can you tell me what those words 12 say? 13 A New Century Mortgage Corporation. 14 Q Okay. Do you know who Holly Etlin is? 15 A No, sir, I do not. 16 Q Okay. You have never heard of Holly Etlin 17 before? 18 A No, sir, I have not. 19 Q Okay. Can you go to the page immediately after 20 that, page 884 according to my binder. 21 A Yes, sir, I'm there. 22 Q Have you seen this schedule before? 23 A Yes, sir. 24 Q Okay. And then on the upper, right-hand corner, 25 it says Schedule A; is that correct? 109 1 A Yes, sir, it does. 2 Q Okay. When did you see this document last? 3 A I don't recall the exact date. 4 Q Was it yesterday? 5 A No, sir. 6 Q Couple of weeks ago? 7 A I don't recall. I know it wasn't yesterday. 8 Q Are you familiar with the headings and the 9 columns on this page? 10 A Yes, sir. 11 Q Okay. On the first column, it says Investor 12 Name; is that correct? 13 A That is correct, sir. 14 Q What does that mean? 15 A That's ... the investors are listed by name in 16 that column. 17 Q Okay. Investors of what? 18 A That are contained within this Limited Power of 19 Attorney POA. 20 Q And then there is a second, on page 884, there's 21 a second column that says, Trust Name and Series Number. 22 Do you understand what that means? 23 A The trust name and the series number. 24 I hate to define with the words, but that's what 25 it means. 110 1 Q I understand. Are you just reading it, or do 2 you have an understanding what Trust Name and Series 3 Number is? 4 A I understand it as being trust name and series 5 number. What particularly it breaks down as, no, sir, I 6 do not have that information. 7 Q Okay. Do you have any idea what the third 8 column says when it says "date," what that date refers 9 to? 10 A It's the date of the Pooling and Servicing 11 Agreement. 12 Q Okay. Can you go to page 885, please. 13 A Yes, sir. 14 Q And then do you have the same understanding as 15 to those headings on those three columns, as Investor 16 Name, Trust Name and Series Number and Date, as you had on 17 the previous page? 18 A Yes, sir. 19 Q Okay. Other than the Power-of-Attorney Mailbox, 20 you could also make requests for Client Services, is that 21 correct, for a request for a power of attorney? 22 A The, as I understand it, Client Services mans 23 the mailbox for the POA. 24 Q For the POA mailbox? 25 A Yes, sir. 111 1 Q I see. Okay. 2 And as you understand it, where would the Client 3 Services obtain documents that you would be requesting? 4 A I wouldn't have that information. 5 Q Do you know who would have that information? 6 A The person that mans the Power-of-Attorney 7 Mailbox. 8 Q Do you have a name for that person? 9 A No, because it's a general mailbox and it is 10 manned by several individuals. 11 Q Okay. Do you recall producing any other powers 12 of attorneys for this case? 13 A Not off the top of my head, no, sir. 14 Q So as far as you're concerned, this is the only 15 powers of attorneys that you've produced in this case. 16 MR. NOBLE: Objection to the extent that it 17 misstates her testimony. 18 But go ahead. 19 A I don't recall if there were any others, sir. 20 BY MR. NOCOS: 21 Q Did you make any other requests for powers of 22 attorneys in addition to this request? 23 MR. NOBLE: Objection, in that lacks foundation. 24 Go ahead. 25 A No, sir. As I recall, I had only made the one 112 1 request. 2 BY MR. NOCOS: 3 Q Okay. I'm now going to direct you to tab 18 of 4 the binder. And I'm going to go ahead -- and I'm not 5 going to mark the whole tab as an exhibit because I don't 6 really need everything there. All right. 7 A All right, sir. I'm there. 8 Q Okay. Do you recall seeing this document prior 9 to today? 10 A Yes, sir, I do recall. 11 Q Okay. And when did you receive this document? 12 MR. NOBLE: Objection. Lacks foundation. 13 A December of 2009. 14 BY MR. NOCOS: 15 Q Is this something that was provided to you by 16 Mr. Noble? 17 MR. NOBLE: I object to the extent that that is 18 covered by an attorney-client privilege. 19 MR. NOCOS: Is she allowed to answer? 20 MR. NOBLE: Yeah, why don't you go ahead and 21 answer. 22 A It was sent by Mr. Noble's office to Wells 23 Fargo, and at that time then I received it and was -- I 24 received the request for me to be able to review and to 25 sign the document after providing the information. 113 1 BY MR. NOCOS: 2 Q Okay. Was this given to you to review after all 3 of these were written already? 4 A As I recall, I provided information to 5 Mr. Noble's office. And then in the passing of documents, 6 this was also produced, and at that time is when I 7 reviewed it and signed it. 8 Q Can you go -- all right. So the first page of 9 this document says Declaration of Cindy T. Shanabrook in 10 Support of Motion for Summary Judgment or Summary 11 Adjudication in the Alternative. And that is on the right 12 side, middle of the page. Is that correct? 13 A Yes, sir, I see that. 14 Q Okay. Immediately after that page is a 15 document. And it's a page that is part of this document, 16 and there's a page number 1 in the bottom center of that 17 document; is that correct? 18 A That's correct, sir. 19 Q Okay. Now I'm going to go to page 2, which is 20 the next page. 21 A Yes, sir, I'm there. 22 Q And now on page 3 of that, the next page, which 23 is page 3. 24 A Yes, sir. 25 Q Can you tell me, can you read to me, please, 114 1 what is written there on the first two sentences? 2 A On page 3, sir? 3 Q Yes. 4 A "I declare under penalty of perjury under the 5 laws of the State of California that the foregoing is true 6 and correct, and that this declaration was executed this 7 10th day of December, 2009 in Frederick, State of 8 Maryland." 9 Q And is that your signature on that line? 10 A Yes, sir, it is. 11 Q Okay. Now, can I direct you now to go about two 12 pages down. And there is a document that is marked as 13 CROM 00113 on the bottom right corner. Do you see that 14 document? 15 A Yes, sir, I see that. 16 Q Do you remember producing this to Mr. Noble? 17 A (Witness peruses document.) 18 I recall sending Mr. Noble the adjustable rate 19 balloon note. 20 Q Okay. And on -- I would go back to page 1 of 21 your declaration, if you go back a few pages. Are you 22 there? 23 A Yes, sir, I'm here. 24 Q Can you go to paragraph 3, please, and read the 25 last line of that paragraph? 115 1 A "A true and accurate copy of the note is 2 attached to this declaration exhibit A." 3 Q Okay. And then if I can direct you to page 4 number 00113 again. 5 A Yes, sir, I'm there. 6 Q And in the middle of that page on the bottom, it 7 says Exhibit A. Is that Exhibit A to this declaration 8 that we just mentioned? 9 A Yes, sir. 10 Q And as far as you're -- it is your 11 understanding, then, that this is a true and accurate 12 copying of the note, a direct copy of the note? 13 A Yes, sir. 14 Q And when we say "the note," we mean the 15 Adjustable Rate Balloon Note, as it is written on the top 16 of the page, in the center, all caps, bold? 17 A Yes, sir. 18 Q In the paragraph number one, it says Borrower's 19 Promises to Pay; is that correct? 20 A Yes, sir, it does. 21 Q And it says right there that, whoever assigned 22 this adjustable rate note is promising to pay $509,600 23 plus interest to the order of the lender. Is that 24 correct? 25 A Yes, sir, that is correct. 116 1 Q And the lender's identified as New Century 2 Mortgage Corporation; is that correct? 3 A Yes, sir. 4 Q Okay. Do you know where the original of this 5 note is? 6 A I can't recall, sir. 7 Q Have you seen the original of this note? 8 A No, sir, I have not. 9 Q Have you had any occasion to see any original 10 notes in any of your loan files? 11 A Yes, sir, I have. 12 Q Okay. And where would those original notes be 13 located? 14 MR. NOBLE: Objection. It's vague and 15 overbroad. 16 But go ahead. 17 A It would be in the loan file. 18 BY MR. NOCOS: 19 Q Is that a physical file or a loan file that is 20 within computer software? 21 A No, sir, it's an actual physical file. 22 Q Okay. And you have seen and touched that 23 physical note, those physical notes? 24 A In that instance, in other instances, yes, sir, 25 I have. 117 1 Q Okay. And what occasion would you have the 2 situation where you would be seeing a physical note? 3 MR. NOBLE: Objection. Calls for speculation. 4 Go ahead. 5 A When it has been requested for me to produce an 6 original note and to bring it with me into court or to 7 send it to my attorney. 8 BY MR. NOCOS: 9 Q Okay. To your understanding, has a physical 10 note, original note been requested of you from Mr. Noble's 11 office? 12 MR. NOBLE: I'm going to object for 13 attorney-client privilege on this, and I think I'll 14 instruct you not to answer. 15 BY MR. NOCOS: 16 Q Has anyone made a request to you to produce the 17 original note in this case? 18 MR. NOBLE: I'm going to object to the extent 19 that calls for attorney-client privilege. 20 MR. NOCOS: I think she is allowed to answer. 21 MR. NOBLE: No, not if it involves any 22 communication that involves an attorney in this case. 23 BY MR. NOCOS: 24 Q Are you not answering because of that 25 instruction? 118 1 A That would be correct, sir. 2 Q Okay. Without revealing any information 3 according to the parameters of Mr. Noble's instructions, 4 has anyone made a request from you, to you for the 5 original note? 6 A I can't recall. 7 Q I'm going to direct you to go to pages 113, 114, 8 115 and 116. 9 A Yes, sir, I'm there. 10 Q Do these four pages comprise the whole 11 adjustable rate balloon note? 12 MR. NOBLE: Object to the extent that that calls 13 for a legal analysis or conclusion. 14 But go ahead, as far as you know. 15 A Adjustable rate balloon note, and then if 16 there's any type of an adjustable rate rider. But as far 17 as I can tell, this is a complete document, or at least as 18 best as I can recall. 19 BY MR. NOCOS: 20 Q Well, I'm just going by what's called an 21 adjustable rate balloon note, which you termed to be 22 Exhibit A. It's your understanding, then, that when you 23 made a declaration, that in Exhibit A to your declaration 24 is a copy of the entire -- a true copy of the note, this 25 is what you mean by that, the four pages that I'm 119 1 referring to right now. 2 A That is correct, sir. 3 Q Okay. Are there -- do you know where this 4 document -- strike that. 5 How did you obtain this document, this Exhibit 6 A? 7 A From FileNet Imaging. 8 Q Okay. And is that something that you would 9 print based on an instruction on FileNet or after viewing 10 that document? 11 MR. NOBLE: Object as vague. 12 Good ahead. 13 A I would view the document. Then I would print 14 it either to a PDF or to a physical paper copy. 15 BY MR. NOCOS: 16 Q How are these documents indexed on FileNet? 17 A Each loan is -- has its own specific list of 18 documents that are related to that particular loan. 19 Q Is there an identifying mark that identifies the 20 adjustable rate loan note as one document within that 21 file? 22 A It's called a note, and it's listed under the 23 FileNet note list of documents. 24 Q And is that something that you would click and 25 it will generate this imaging? 120 1 A Yes, sir. 2 Q And when you clicked on that image, it generated 3 these four pages? 4 A Yes, sir. 5 Q Are these pages, as far as you're concerned, are 6 they double-sided or single-sided? 7 A They're single-sided. 8 Q Okay. So as far as you're concerned, the 9 original of this four pages were imaged as they were, 10 meaning that they were not double-sided reduced to 11 single-sided. 12 MR. NOBLE: Objection that that lacks 13 foundations. 14 But go ahead if you know. 15 A In the past when I've compared note -- the 16 actual loan note to the documents that are contained 17 within the imaging system, it's the first, the front page 18 of each page individual. There are not images on the 19 second or the flip side of the page. 20 BY MR. NOCOS: 21 Q If you were to see a note that passed that was 22 just single-sided, then -- strike that. 23 Have you ever encountered a note that has 24 printing on the back side of a page? 25 A Not that I can recall. 121 1 MR. NOCOS: Okay. I just need to take a 2 two-minute break. We can go off the record. 3 (Brief recess taken.) 4 BY MR. NOCOS: 5 Q Do you recall reading any requests for 6 production of documents from Plaintiff Kimberly Cromwell 7 in this case? 8 A I recall reading them, but I do not remember the 9 particulars. 10 Q Do you remember a request for the original note 11 to be produced in the Request for Production of 12 Documents? 13 A I don't remember offhand, no, sir. 14 Q If I were to ask you to produce the original 15 note, is that something that you can make a request for? 16 A Yes, sir. 17 Q And how would you go about making that 18 request? 19 A I would request the form in order to request the 20 file. And then I would fill out the form. I would give 21 it to a particular person in our office that is assigned 22 to requesting files, because they want that to be 23 delegated basically to one person. And then that person 24 would take the form from me. They would have it signed by 25 Jose Pinto. And then would request by fax, they would fax 122 1 that form to a particular individual, who would then send 2 the file to us. 3 Q Have you gone through the process for this 4 particular case? 5 A Yes, I did actually. 6 Q So you did request for the original note. 7 A I requested for the file, yes, sir. 8 Q Did you request for the original note in this 9 case? 10 A I requested for the file, sir. 11 Q Did you request for the original note in this 12 case? 13 A I requested the file, sir. Whether the note is 14 contained within the file, I would know once I received 15 the file, but I request the file. I mean, that is as much 16 information as I can give you. 17 Q Why, why are you only giving me that much 18 information? I didn't hear Mr. Noble make an instruction 19 to you not to give me that much information. 20 MR. NOBLE: I think she answered. She said she 21 requested the file. 22 A I requested the file. 23 BY MR. NOCOS: 24 Q Can you tell me what you listed on that form as 25 to what files or what documents or information you were 123 1 seeking? 2 A I did not ask for particular documents. I asked 3 for the file. 4 Q What was the reason why you asked for the 5 file? 6 MR. NOBLE: I'm going to object to the extent 7 that calls for attorney-client privilege. 8 THE WITNESS: Should I answer or no? 9 MR. NOBLE: No. 10 MR. NOCOS: Well -- 11 MR. NOBLE: I mean, it's a little vague on the 12 question. I mean, if it's why did she request it versus 13 why did she form the request to be one for the file versus 14 individual documents, are two separate things. 15 BY MR. NOCOS: 16 Q Let me ask you a different way, Ms. Shanabrook. 17 A Yes, sir. 18 Q What was contained in that whole file you 19 requested from this department that was not contained in 20 FileNet? 21 A Original documents. The original notes. The 22 original title insurance policy. The original mortgage. 23 Deed of trust. Any original signature documents are 24 contained within the file. 25 Q So did you receive the file? 124 1 A No, sir, I did not. 2 Q What was the reason given to you why you did not 3 receive the file? 4 A I'm still waiting. There's not an actual reason 5 given to me. I follow up every few days and ask if it's 6 been received yet. They take time. 7 Q Are you aware of the trial deadlines, the 8 deadlines for this case as far as trial is concerned? 9 MR. NOBLE: I'm going to object to the extent 10 that that calls for a legal knowledge analysis. 11 But go ahead to the extent that you understand. 12 A Yes, sir, I understand trial is scheduled for 13 June 1st, 2010. 14 BY MR. NOCOS: 15 Q Okay. When did you make the request for the 16 file? 17 A I don't recall the particular date, sir. 18 Q Was it within the last two weeks? 19 A I don't recall. 20 Q Four weeks? 21 A I don't recall. 22 Q The last two months? 23 A I don't recall. 24 Q Was it in this year? 25 A Yes, sir. 125 1 Q Do you know what month this year? 2 A No, sir, I don't recall. 3 Q Was it winter? 4 A I don't recall, sir. 5 Q Was it spring? 6 A I don't recall. 7 Q Do you know if there was snow or was it during 8 the time that you were making the request? 9 A I do not recall, sir. 10 Q What would refresh your recollection? 11 A I keep a copy of the form, and I put down the 12 date that it's actually requested, and I keep a copy of it 13 in my office. 14 Q Is there anything in the file that is not 15 contained in the FileNet, other than original documents? 16 MR. NOBLE: You mean generally or specific to 17 this loan? 18 MR. NOCOS: Specific to this loan. 19 MR. NOBLE: I object to the extent that it lacks 20 foundation. 21 THE WITNESS: I'm sorry, could you repeat the 22 question again. 23 BY MR. NOCOS: 24 Q What is included in the file that is not 25 included in FileNet? 126 1 MR. NOBLE: Objection. Lacks foundation. She 2 just testified that she hadn't received the file. 3 THE WITNESS: So I wouldn't know unless I do 4 receive the file, sir, and I make the comparison. 5 BY MR. NOCOS: 6 Q Why did you make a request for the file? 7 MR. NOBLE: Objection. Calls for 8 attorney-client privilege. 9 Don't answer. 10 BY MR. NOCOS: 11 Q Have you made a request for a file in another 12 case in which you received the file? 13 A Yes, sir. 14 Q Is it your understanding the standard practice 15 for your office is that the loan file will contain 16 originals only? 17 A That is correct, sir. 18 Q And are those originals of the loan file imaged 19 in FileNet? 20 A Yes, sir. 21 Q Every piece of document in that loan file, as a 22 standard practice for your office, is imaged in FileNet 23 for each loan file. 24 A Correct, sir. 25 Q So any documents that we've asked for in this 127 1 case were produced using FileNet; is that correct? 2 MR. NOBLE: Objection. Vague and ambiguous. 3 Lacks foundation. 4 Go ahead and answer. 5 A Yes, sir. 6 BY MR. NOCOS: 7 Q So as far as you're concerned, every document 8 that you've produced to request for production of 9 documents were given to Mr. Noble from a printed image 10 that you received from either FileNet or the Power of 11 Attorney Mailbox or Client Services; is that correct? 12 A That is correct, sir. 13 Q Is it fair for me to assume, then, that a 14 request for the file would involve a request for an 15 original document? Is that correct? 16 MR. NOBLE: Objection. Calls for a legal 17 analysis about the discovery laws in California. 18 To the extent that you understand, respond. 19 A I don't quite understand the question, sir. 20 Could you repeat that, please. 21 BY MR. NOCOS: 22 Q Is it fair for me to assume, then, that a 23 request for the file would necessarily mean that you're 24 requesting an original of a document? 25 A Yes, sir. 128 1 Q Is it your understanding we asked -- has 2 Ms. Cromwell ever asked for an original of documents in 3 this case? 4 MR. NOBLE: I'm going to object to that. 5 Attorney-client privilege. I mean ... 6 BY MR. NOCOS: 7 Q The request was given to you. 8 MR. NOBLE: Well, is she going to testify about 9 a discovery dispute here? I mean, she's a lay witness in 10 Maryland. 11 BY MR. NOCOS: 12 Q I'm asking if you, to your recollection -- and, 13 you know, I'm not asking you not to testify if you don't 14 recall or if you don't have any knowledge. I'm asking you 15 as to your recollection whether you recall Ms. Cromwell 16 asking, requesting an original of any document that is 17 contained in her loan file. 18 MR. NOBLE: Lacks foundation. 19 Only answer that if Ms. Cromwell has asked you 20 specifically for this. 21 A I do not have that information, sir. I'm 22 sorry. 23 BY MR. NOCOS: 24 Q Let me go back, then. You remember reading your 25 responses to the request for production of documents; is 129 1 that correct? 2 A That is correct, sir. 3 Q Along with those responses, do you recall that 4 the requests were actually typed right above the responses 5 of the Request for Production of Documents? 6 A Correct, sir. 7 Q In reading the responses to the Request for 8 Production of Documents, do you recall seeing any requests 9 for any original documents of Ms. Cromwell in her loan 10 file? 11 A I can't recall any particular document, sir. 12 Q If it was something that was asked for that you 13 received in the request for production of documents, 14 knowing that it was asked for because you reviewed the 15 responses, is that something that would prompt you to make 16 a request for the original of the file? 17 A Yes, sir. 18 Q Thank you. 19 I would now direct you to tab 19 of the binder. 20 Oh, I'm sorry. 21 Before we do that, Madam Court Reporter, can we 22 mark the exhibit that we just -- that would be tab 18. 23 Let's just have all of tab 18 as Exhibit F. 24 (Exhibit No. F marked for identification and 25 retained by counsel.) 130 1 BY MR. NOCOS: 2 Q Can you read to me what that page says on the 3 first page of tab 19. 4 A "Please find enclosed documents labelled CROM 5 000917," dash, "CROM 000921." 6 Q And you're finding that right after the 7 salutation that says, "Dear Mr. Nocos"? 8 A Yes, sir, I am. 9 Q Thank you. Can we go to the next page. 10 A Yes, sir, I'm there. 11 Q All right. It says CROM 000917 in the lower, 12 right corner; is that correct? 13 A That is correct, sir. 14 Q Do you recall this document, seeing this 15 document prior to today? 16 A Yes, sir. 17 Q Do you recall seeing those numbers on the lower 18 right-hand corner, the CROM 000917, prior to today? 19 A No, sir. 20 Q All right. Is it your understanding, then, that 21 this is the same note that you produced in Exhibit A of 22 your declaration that we just discussed earlier? 23 A Yes, sir. 24 Q Then if you go to page 921, please. 25 A Yes, sir. 131 1 Q Can you tell me what are the words on the upper 2 right-hand corner of that page, please. 3 A "Pay to the order of without recourse, New 4 Century Mortgage Corporation, by Steve" -- I cannot read 5 the last name -- "V.P. Records Management." 6 Q Okay. Is there a writing above New Century 7 Mortgage Corporation above that line, other than what 8 appears to be an over boundary signature of Mr. Steve 9 Nagy, N-A-G-Y? 10 A No, sir, there's nothing. 11 Q So as far as you're concerned, it's blank. 12 A That is correct, sir. 13 Q Okay. Is there any other writing on this page 14 that you see? 15 A There is a big loopy X. 16 Q Okay. And have you seen that particular page 17 before? 18 A Yes, sir, I have. 19 Q Where did you see it last? 20 A I can't recall. 21 Q Okay. When did you see it last? 22 A I don't recall, but I do remember seeing it, 23 because I remember the big loopy X. 24 Q Okay. Do you know if it was within the last 25 month? 132 1 A I don't recall a particular time frame. 2 Q Okay. So even if I go back over that, you won't 3 be able to make a recollection? 4 A No, sir, other than the fact it's in 2010. 5 Q Okay. Would anything refresh your 6 recollection? 7 A No, sir. 8 Q Okay. Is it your understanding, then, that this 9 page with the loopy X is part of this adjustable rate 10 balloon note? 11 MR. NOBLE: I'm going to object. It calls for 12 legal analysis, or legal opinion. 13 But go ahead and answer. 14 A As I recall, it's not part of the original note 15 that I looked -- that I printed out to PDF. But I can't 16 recall whether this page was included with that or not. I 17 do know that the first four pages were, but I cannot 18 recall whether the fifth page or not. 19 BY MR. NOCOS: 20 Q When you're talking about printing the PDF, 21 you're talking about the software where you, software 22 where you clicked on the word, though, and generated this 23 PDF image, and you printed it out. 24 A That is correct, sir. 25 Q And then you said your recollection is that this 133 1 last page where the a loopy X is not part of that PDF 2 document. 3 A I can't recall -- 4 MR. NOBLE: Objection. It misstates testimony. 5 But go ahead and respond. 6 A Yeah, I can't recall whether it was or was not 7 in this particular instance. I do know I've seen it in 8 the past, but I can't recall whether or not it was part of 9 that original document I produced or whether it was later. 10 I can't recall. 11 BY MR. NOCOS: 12 Q In your declaration to -- the declaration that 13 we just reviewed, your Exhibit A only contains four pages; 14 is that correct? 15 A That is correct, sir. 16 Q When you click on that PDF link that generated 17 that document, is it your recollection that there's only 18 four pages there? 19 A I can't recall -- 20 MR. NOBLE: Objection to the extent that that's 21 vague with respect to which particular document she's 22 clicking on. 23 BY MR. NOCOS: 24 Q When you click on the word "note" on that index 25 that we just discussed previously, you click on it, and 134 1 then you said earlier that only those four pages came up 2 as the imaged document; is that correct? 3 A As I recall, that is correct. 4 Q Okay. Is there any reason why this particular 5 last page with the loopy X would not be part of that 6 document, or that PDF image after you click on that word 7 "note"? 8 A The note could ... the note is scanned and 9 placed into FileNet. It's possible that it was scanned 10 more than once and that it's in there as this image with 11 the five pages, and then it's in there with four pages. 12 And that I clicked the first time with the one that has 13 four pages, and then the second time with the one that has 14 five pages. 15 But which one in particular at that time, I 16 cannot recall. 17 Q So when you were asked to produce documents in 18 support of your declaration as Exhibit A, did you click on 19 any other words that say "Note" on your computer screen 20 that generated this PDF document that was indicated as 21 Exhibit A on your declaration? 22 A It could be listed as a classification of 23 Miscellaneous Origination file, in which case all the 24 documents are there. Or it could be where it's listed 25 just as note. It just depends on how it's titled when it 135 1 is scanned and uploaded into FileNet. 2 Q In your recollection, as I recall your testimony 3 earlier, you said you clicked on this word "note." 4 A Correct. 5 Q Is that correct? 6 A That is correct. 7 Q Is there another word "note" on that index? 8 A I would have to pull up FileNet for particular 9 loan in order to see whether it's listed once, twice, 10 three times, if it's listed as something else. But in 11 this instance, as I recall, it was listed as "note." But 12 I don't recall which one it was that I printed off. 13 Q I don't really understand. You said it's listed 14 as note. What is listed as note? The four-page document 15 or the five-page document? 16 A In the list of documents in FileNet, what I 17 refer to as a shopping list of documents that are 18 contained within, depending on who is scanning, it could 19 be scanned as note. It could have been scanned as 20 miscellaneous origination. If I recall, it was listed as 21 "note" in this instance. But it could have also been -- 22 Q On the shopping list. 23 A That is correct. 24 Q And when you click on that note that's listed on 25 the shopping list, it generates only a four-page 136 1 documentation that was attached as Exhibit A to your 2 declaration. 3 MR. NOBLE: Objection, that it misstates 4 testimony. 5 Go ahead. 6 A As I recall, yes, sir. 7 BY MR. NOCOS: 8 Q Okay. And you don't recall whether you clicked 9 on a miscellaneous file that generated this five-page 10 document. -- 11 A That is correct. 12 Q -- that had the loopy X at the end. 13 A That is correct. 14 Q Is that correct? 15 A Yes, sir. 16 Q Are there any other documents in that 17 miscellaneous file listed in that shopping list? 18 A In this particular loan, I cannot recall. 19 Q Okay. 20 A I cannot recall. 21 Q Have you seen original notes in the past that 22 has this particular page, where it says, "Pay to the 23 record of without recourse," and it is on page 921? 24 A I can't recall. 25 Q Have you seen original notes for New Century? 137 1 A I can't recall. 2 Q Have you ever made any requests for original 3 notes from New Century? 4 A I can't recall. 5 Okay. I'm going to direct you now to tab 24. 6 Oh, I'm sorry. Let's mark that as an exhibit. 7 MR. NOBLE: G. 8 MR. NOCOS: 19, is that correct, Tab 19? 9 THE WITNESS: Yes, sir. Do you want the cover 10 letter and the note or just the whole packet? 11 MR. NOCOS: Yeah, let's just include the cover 12 letter and the note. 13 (Exhibit No. G marked for identification and 14 retained by counsel.) 15 THE WITNESS: Yes. On tab 24? 16 BY MR. NOCOS: 17 Q That's correct. We're just waiting for -- I'm 18 giving that to Mr. Noble so he can review it, as well. 19 A Yes, sir. 20 Q Can you tell me what page 0001 is? 21 A It is what we call the P-3-09 screen. 22 Q The P-3-09 screen. 23 A Yes, sir. 24 Q Is that, when you say P-3-09, is that on the 25 upper left-hand corner right under page? 138 1 A Yes, sir. 2 Q That is the same P-3-09 you're referring to, 3 correct? 4 A Yes, sir, it is. 5 Q Have you seen this page before? 6 A Yes. I have. 7 Q And is this something you produced to Mr. Noble 8 in response to a request? 9 A (Witness peruses documents.) 10 No, sir. 11 Q You don't recall producing this page? 12 A No, sir. 13 Q Do you recall producing us any of the pages that 14 follow that? 15 A (Witness peruses documents.) 16 I know that I have provided documents to my 17 attorney, but it was not this set of documents. 18 Q Okay. Do you know if anybody else in your 19 department would produce this document? 20 A I wouldn't have that information, sir. 21 Q That's okay. 22 How are loan files assigned to you? How was 23 Ms. Cromwell's loan file assigned to you? 24 MR. NOBLE: I'm going to object. Calls for 25 attorney-client privilege. 139 1 But go ahead and answer. 2 A A request is made to Wells Fargo for a 3 representative or litigation specialist to produce certain 4 documents and to work with the attorney in order to 5 produce the information that's being requested, and I was 6 assigned to this particular loan. 7 BY MR. NOCOS: 8 Q Okay. How many other loan files are you 9 assigned to for properties in the state of California? 10 A At present, sir, I don't have a particular 11 number off the top of my head. Maybe a dozen. 12 Q Since -- between 2007, do you know how many 13 you've been assigned for the state of California? 14 A Oh, I'm sure well over 100. 15 Q Okay. All right. Is this a printout, page 16 0001, is that a printout of a computer screen image? 17 A Yes, sir, it is. 18 Q Okay. And is that how its viewed on the 19 computer screen? 20 A Yes, sir, it is. 21 Q Okay. Can you just, I guess just walk me 22 through this and what each of these words mean. 23 A Yes, sir. 24 Q There is a, right below P-3-09, it says "Name"; 25 is that correct? 140 1 A That is correct, sir. 2 Q Does that refer to the borrower? 3 A That's correct. 4 Q In this particular instance, is this K.S. 5 Cromwell, is that Ms. Cromwell, the plaintiff in this 6 case? 7 A Yes, sir, it is. 8 Q Okay. Right above her name, there's a letter, 9 and then -- two letters, L and N, L as in Larry, N as in 10 Nancy, and then a series of numbers. Do you know what 11 that means? 12 A Yes, sir. That's the loan number that's 13 assigned to this particular loan. 14 Q And is that a loan number for ASC or it's 15 through Century? 16 A It's an ASC loan number, sir. 17 Q Could you go to the bottom of that page from the 18 left side. There's an entry that says Date. And then 7, 19 slash, 8, slash, 2008, and then a space and then time, 20 2:01:17 p.m. Do you know what that means? 21 A It's the, the date and time that this particular 22 document is generated off of the CPI Fidelity system. 23 Q What is it called? 24 A CPI or Fidelity. 25 Q Does that CPI stand for anything? 141 1 A I don't know what it does stand for. I'm sure 2 it does. 3 Q And what's Fidelity? 4 A It's also known as Fidelity. Different people 5 call it different things. They either call it Fidelity or 6 they'll call it CPI. 7 Q Is that a program? 8 A It's a program name, yes, sir. 9 Q Okay. 10 A The first screen says Fidelity on it. 11 Q I'm sorry. On this page, or on the screen on 12 the -- 13 A No, on the actual screen, on the program itself. 14 The database, I guess, you would say. 15 Q Do you have access to this database? 16 A Yes, sir, I do. 17 Q Anybody else in your department that has access 18 to this database? 19 A Yes, sir. 20 Q Okay. Is the access limited to only those 21 people that need to get information with regard to 22 Ms. Cromwell's file? 23 A Yes, sir. 24 Q Do attorneys have access to this database? 25 MR. NOBLE: Objection. Vague as to the 142 1 attorney. 2 But go ahead. 3 A I don't have that information. 4 BY MR. NOCOS: 5 Q Do you know if Mr. Noble's office has access to 6 this database? 7 A I don't have that information, sir. 8 Q I'm going to direct you to page 19 of this tab, 9 of tab 24. 10 A Yes, sir. 11 Q Is this also a Fidelity page? 12 A Yes, sir, it is. 13 Q Okay. And what is this page called? 14 A Loan status of P190. 15 Q Okay. And is it, the P190 case referenced in 16 the upper left-hand corner right after "page"? 17 A That is correct, sir. 18 Q Okay. And what is this page telling us? What 19 is the loan status telling us? 20 A It states basic breakdown of what has been 21 advanced, what late charges are due, what funds are in 22 suspense, the P and I payment amount, the escrow component 23 that is also included within the total payment, as well as 24 contact information for the borrower, mailing address. 25 Q Okay. If a borrower were to call ASC, let's say 143 1 Customer Service, would that person that the borrower 2 would be talking to have access to this screen? 3 A Yes, sir. 4 Q Okay. So anybody who has contact with a 5 borrower would be able to access this screen, correct? 6 A That is correct. 7 MR. NOBLE: Objection; vague and overbroad. 8 But go ahead. 9 BY MR. NOCOS: 10 Q Is that correct? 11 A Yes, sir, that is. 12 Q Okay. All right. Can we go to the first 13 column, then, on the left side. And when I say column, 14 I'm talking about the words on the left side and then 15 there's a series of numbers on the right side, and I'm 16 going to treat that as one column. 17 There is an entry that says "Advance." Do you 18 see that? 19 A Yes, sir, I do. 20 Q Right next to it is 15,636.39. 21 A Yes, sir. 22 Q Can you tell me what that means? 23 A Advances that have been made on the loan. 24 Q Who made the advance? 25 A It's a total amount, so it would be broken down 144 1 into several, several advances. 2 Q Was that advanced by ASC? 3 A Oh, yes, sir, it is. I'm sorry. 4 Q To Morgan Stanley? 5 A No, sir. 6 Q So where would that advance go to? 7 A (Witness peruses documents.) 8 It's actually advances that have been made by 9 ASC for escrow. 10 MR. NOCOS: Okay. I'm going to mark these 11 separately as exhibits rather than the whole document. It 12 might be better that way. Can we -- 13 THE WITNESS: Did you want to mark 309 first? 14 MR. NOCOS: Yeah, let's mark page 00001 as an 15 exhibit. Okay, and we'll do that, you know, up through 16 17. I'm sorry, 1 through 18 as Exhibit H. I don't know 17 if you have paper clips there. 18 (Exhibit H marked for identification and 19 retained by counsel.) 20 THE WITNESS: 917 as the first exhibit, sir, as 21 Exhibit H. 22 MR. NOCOS: Yes. Thank you. Then page 19 23 through 20 would be the next exhibit. 24 (Deposition No. I marked for identification and 25 retained by counsel.) 145 1 BY MR. NOCOS: 2 Q Okay. Now, if I can direct you to it, the page, 3 page 19. Now, right after the word "Advance" on the left 4 side, there is a word called "Suspense." Do you see that 5 on the left side? 6 A Yes, I do. 7 Q Right next to it is an amount, a figure, and it 8 says 5708.00. Can you tell me what that means? 9 A That means that there is $5,708 in suspense. 10 Q Okay. What does that mean, that $5,702 is in 11 suspense? 12 A It means that there are $5,708 on the account 13 that had not been posted to the account. It's sitting in, 14 for lack of a better term, suspense or unapplied funds. 15 Q Is there a reason why the funds would not be 16 applied to the loan? 17 MR. NOBLE: Objection. Calls for speculation. 18 But go ahead. 19 A (Witness peruses exhibit.) 20 I would have to look at the complete loan 21 history in order to be able to determine exactly why they 22 were not applied. But by looking at the due date on this 23 particular form and the date in which it was produced, at 24 that time the loan was in default, and it would not have 25 been enough to reinstate or to apply toward all the 146 1 payments that were due on the loan at that time. 2 BY MR. NOCOS: 3 Q And is this, the entry on this page, is there an 4 indication when those entries were made? 5 A No, sir, there is not. 6 Q Okay. Is there any indication of who made the 7 entries? 8 A No, sir, there is not. 9 Q Can anybody who has access to this make any 10 entries and edits on this page? 11 A Not anybody. You have to actually have 12 authorization in particular to be able to make any 13 adjustments. 14 Q Okay. Now I direct you to page -- let's start 15 with page 23, and we are going to mark this as the next 16 exhibit, page 23. Can you tell me if you have page 67? 17 A No, sir I do not. 18 Q Okay. So we end on page 66? 19 A That is correct. 20 Q So that would be, that would be the next 21 exhibit, page 23 through 66. 22 (Exhibit No. J marked for identification and 23 retained by counsel.) 24 BY MR. NOCOS: 25 Q Ms. Shanabrook, can you tell me what it says on 147 1 the top there in the center? 2 A Consolidated Notes Log. 3 Q That's on page 23; is that correct? 4 A Yes, sir, that is. 5 Q What are the Consolidated Notes Log? 6 A It's the notes that are contained within the 7 Fidelity or CPI system for this particular loan, for that 8 loan. 9 Q Who would make an entry on this notes log? 10 MR. NOBLE: Objection. Calls for speculation. 11 But go ahead and answer. 12 A In this regard, it would be anybody from 13 Collections. These are collection notes. 14 BY MR. NOCOS: 15 Q Okay. Do you have any -- have you had any 16 occasion to make an entry in this log? 17 A No, sir, because I'm not in the Collections 18 department. 19 Q Okay. So you have access to this log just for 20 viewing purposes; is that correct? 21 A That is correct, sir. 22 Q You can't make any entries. 23 A Not in the Collections Consolidated Notes Log, 24 no, sir. 25 Q Okay. Are you able to tell me what any of these 148 1 entries mean? 2 A I can read them and decipher them the best that 3 I can. 4 Q Would you have any basis for your deciphering 5 them that way? 6 A I don't quite follow you, sir. 7 Q I mean are these shortcuts or shorthands and 8 these letters mean something that's used internally in 9 Wells Fargo? 10 A Yes, sir. 11 Q Okay. 12 A It would be the same as if a person were 13 texting. They do shorthand typing, I guess you would say. 14 The same premise. 15 Q Okay. So I'm going to go to the one, two, 16 three, four, five, sixth, the sixth line that starts with 17 COL 071607. It looks like they're all the same thing, but 18 it's the sixth line that says that. Do you see that? 19 A Yes, sir. 20 Q And the word right after CQP is "Based." Is 21 that correct? 22 A Yes, sir, it is. 23 Q Can you read that whole entry, please. 24 A Yes, sir. "Based on investor/business 25 guidelines, borrower does not qualify for a partial claim. 149 1 Borrower intent is to keep property. Verbal final 2 inventory from 6/15/2007, income $8,000." And "Reviewed 3 partial claim." 4 Q What is a "partial claim"? 5 A No, actually, I'm sorry. "Reviewed partial 6 claim" is the next line down. 7 I do not know, sir. 8 Q What is the "investor business guidelines"? 9 A If a person is requesting any type of a 10 modification, loan modification, workout agreement, 11 forbearance plan, there are certain investor guidelines 12 that must be adhered to in order to be able to do that. 13 Q Okay. And how are those investor business 14 guidelines communicated to the person who made this note? 15 A They would have -- 16 MR. NOBLE: Objection. Lacks foundation. 17 A They would have that information, sir. I do not 18 have that information. 19 BY MR. NOCOS: 20 Q Do you know where those investor business 21 guidelines are kept? 22 A The collections department would have that 23 information. I do not, sir. 24 Q Is that something that can be obtained by 25 accessing Fidelity? 150 1 A Not that I recall, sir, no. 2 Q Okay. And when you say "investor business 3 guidelines," do you mean the loan investor in this case, 4 Morgan Stanley? 5 A That's correct, sir. 6 Q Okay. Is that contained in the PSA? 7 MR. NOBLE: Objection. Calls for a legal 8 analysis. 9 But to the extent you know, go ahead and answer. 10 A Not that I recall, sir. 11 BY MR. NOCOS: 12 Q Okay. To your understanding, does ASC have 13 authority to enter a modification with borrowers? 14 MR. NOBLE: I'm going to object that that calls 15 for a legal analysis. 16 But go ahead and answer if you know. 17 A Yes, sir. 18 BY MR. NOCOS: 19 Q Is it your understanding that they have 20 authority to modify the terms of the loan? 21 MR. NOBLE: Objection. Calls for a legal 22 analysis. 23 A Based on investor business guidelines, they have 24 the authority. For this particular loan, I do not know 25 what that authority is. 151 1 BY MR. NOCOS: 2 Q Do you know who from Wells Fargo would know that 3 information? 4 A The Loss Mitigation group would know. They 5 would have access to that information. 6 Q Do you know anybody from that group that, a name 7 of any person in that group that you could recall? 8 A I have a general mailbox, sir. 9 Q I mean, you haven't had any occasion to talk 10 with someone personally, anyone in that group? 11 A We do deal with reps, but they are assigned 12 through the mailbox. We do not communicate directly with 13 them. They communicate through the mailbox. 14 Q I'm sorry, can you repeat the word you just 15 said, that you have the ability to communicate with. 16 A Through the mailbox but not with that particular 17 representative. We do not communicate directly with our 18 reps. Right. We don't deal one-on-one. 19 Q Okay. Would there be an indication on the mail 20 box if you're talking to a particular person? 21 A It would be in their signature block, sir. 22 Q Okay. Have you had any occasion to talk to 23 someone from that mailbox regarding this loan? 24 A No, sir. 25 Q Do you know if the authority to modify the terms 152 1 of the law, is that contained in the PSA? 2 MR. NOBLE: Objection. Calls for legal 3 analysis. 4 A I believe that I read something along those 5 lines, but I do not recall particularly exactly what the 6 words were. 7 BY MR. NOCOS: 8 Q Okay. Can I direct you to go to page 41. 9 A Yes, sir. 10 Q Okay, this one is, I guess, a consolidated notes 11 log, as well? 12 A Yes, sir. 13 Q Okay. I'm going to ask you to come down to one, 14 two, three, four, five, six, seven, what appears to be the 15 seventh entry. 16 A Yes, sir. 17 Q Right after the word -- the letters JID, there's 18 a word that is "M-o-d pre-qual"? 19 A Yes, sir. 20 Q Is that correct? Can you read that whole line, 21 please. 22 A "Mod pre-qual not feasible, as borrower could 23 not afford payments." 24 Q Do you know what a pre-qual is? 25 A In this particular instance, no, sir, I do not. 153 1 Q Okay. And if you would go down -- one, two, 2 three -- the fourth entry down from that last line you 3 just read. 4 A Yes, sir. 5 Q There's an entry that's kind of like in the 6 center of the line. It says, No m-o-d for 7 i-n-v-e-s-t-o-r? 8 A Correct. 9 Q Do you know what that means? 10 A No mod for investor. 11 Q What does that mean exactly? 12 MR. NOBLE: Object to the extent that it calls 13 for speculation. 14 Go ahead. 15 A It's a one-line excerpt. I really cannot 16 identify what it means. 17 BY MR. NOCOS: 18 Q Okay. Do you know anybody in Wells Fargo that 19 could tell me what that means? 20 A People in loss mitigation. 21 Q Can I direct you then to go to page 63. 22 A Yes, sir. 23 Q Okay. There's about three entries there, is 24 that correct? It says FOR 12/31/07; is that correct? 25 A That is correct, sir. 154 1 Q And do you know what that entry means? 2 A Which entry in particular, all three? 3 Q What FOR means. 4 A Oh, FOR is foreclosure. These are foreclosure 5 notes. 6 Q Okay. And the 12/31/07, is that the date that 7 the actual entry was made? 8 A Yes, sir, it is. 9 Q Okay. So I take it, then, if it's preceded by 10 the three letters of FOR, that means it's a foreclosure 11 note. There's a department within Wells Fargo that 12 handles foreclosures, and they make entries to this log. 13 A That is correct, sir. 14 Q Would that be the same for collections? 15 A Yes. 16 Q And if it says COL, then that would be 17 Collections? 18 A That is correct, sir. 19 Q And the six-digit number following the COL, 20 would that be the date that the entry was made? 21 A That is correct, sir. 22 Q Okay. Great. So let's go to the third line 23 here. 24 A Yes, sir. 25 Q It says -- there's some column that says EZD. 155 1 Do you know what that means? 2 A That's actually the person who made that 3 entry. 4 Q Okay. So for this particular note log, the FOR 5 stands for a foreclosure. The six digits following that 6 give us the date that was entered. And the three 7 characters, letters or numbers identifies the person that 8 entered the log. 9 A Correct. It can either be the person or it 10 could be the system itself; sometimes it will also 11 generate certain items. 12 Q Okay. 13 A So it could be either. I would have to look up 14 the code in order to determine which it is. 15 Q So if there's a three-character code, that's 16 something you can look it up and determine whether a 17 person or the system -- 18 A That is correct, sir. 19 Q Would that be the same for collections, then? 20 If there's a three-digit, or three-character entry, that 21 would be the person on the system, as well? 22 A That is correct, sir. 23 Q Okay. So as far as you're concerned, is ECD a 24 person or a system, as best you can recall? 25 A I don't know. 156 1 Q You don't have any knowledge at all? 2 A I don't know if it's a person or if it's the 3 system itself. 4 Q Okay. Can you read that entry then, please. 5 A Yes, sir. "File generated for upload to 6 Vendorscape." 7 Q Do you have any idea what that means? 8 A That means that they generated the file and they 9 uploaded it to Vendorscape. 10 Q The file, is that the loan file? 11 A Yes. 12 MR. NOBLE: Objection. Calls for speculation. 13 BY MR. NOCOS: 14 Q Okay. Do you have any basis to think that that 15 is the loan file that's uploaded to Vendorscape? 16 A I would surmise it would be the actual file for 17 this loan. 18 Q Okay. And what is Vendorscape again? 19 A Vendorscape is the communication system between 20 Wells Fargo and the attorneys, or the mortgage company and 21 the attorney. 22 Q Okay. All right. And so the file would be 23 generated. Is there a reason why this file was generated 24 and uploaded to Vendorscape on this date? 25 MR. NOBLE: Objection. Calls for speculation. 157 1 A I do not know, sir. 2 BY MR. NOCOS: 3 Q In your reviewing the history here, you 4 understand that this loan was in default at a certain 5 time, right? 6 A Yes, sir. 7 Q Has it been in default since December 31, 2007? 8 A Yes, sir, it was in default at that time. 9 Q Okay. Is that one of the reasons why there 10 would be a file generated for upload to Vendorscape? 11 MR. NOBLE: Object. Calls for speculation. 12 A It could be a reason. 13 BY MR. NOCOS: 14 Q Does Deutsche Bank have any access to 15 Vendorscape? 16 A I don't know. 17 Q Has there been occasion where you've had to 18 exchange documents with someone from Deutsche Bank 19 regarding your loan files that you're assigned to? 20 A Not that I recall. 21 Q Have you had any occasions to exchange documents 22 with anyone at Deutsche Bank regarding your loan files 23 that you're assigned to? 24 A Not that I recall. 25 Q Is a referral to -- oh, actually, let me 158 1 establish a foundation. 2 Right above that line that we just read, the 3 file generated for upload to Vendorscape, there's an entry 4 that says "From," and then colon, "Wells Fargo Home 5 Mortgage. Wells Fargo Hone Mortgage has activated NDEX 6 West, LLC." 7 Do you see that? 8 A Yes, sir. I see that. 9 Q Do you understand what that means? 10 MR. NOBLE: Objection. Calls for speculation. 11 But go ahead. 12 A I, I can't recall what NDEX West, LLC is, sir. 13 BY MR. NOCOS: 14 Q You don't have any -- you have never heard of 15 NDEX West, LLC before? 16 A I know I've seen it. If I recall, it's the, for 17 lack of a better term, the foreclosure trustees. But I 18 can't remember in particular. 19 Q In any of your files in California, other than 20 Ms. Cromwell's, have you had any occasion to deal with 21 NDEX West? 22 A I can't recall. 23 Q Can you recall the name of the trustee service 24 that you corresponded with regarding any of your loan 25 files? 159 1 A Actually, no, I can't. 2 Q Do you normally respond to the trustee service 3 for any of your loan files? 4 A Generally, I deal with the attorney's office. 5 Q When you say the attorney's office, is it a 6 trustee service attorney or the attorney that is defending 7 the litigation? 8 A The attorney that is defending the litigation, 9 sir. 10 Q Okay. You have access to Vendorscape, correct? 11 A Yes, sir, I do. 12 Q Have you had any occasions to look at 13 Vendorscape for this case? 14 A No, sir. 15 Q Do you recall the last time that you were on 16 Vendorscape for this case? 17 A For this case in particular? 18 Q Yes. 19 A I've never been on Vendorscape for this case. 20 Q Okay. Can I direct you now to -- 21 MR. NOCOS: Well, actually, we marked this 22 exhibit, right? 23 MR. NOBLE: Yeah, it's J. 24 MR. NOCOS: Yeah. This is -- there is a 25 three-page document that I'm referring you to now. This 160 1 is Tab 5. 2 I'm sorry, Tab 5. I'm sorry, no, I'm not there. 3 MR. NOCOS: That's okay. 4 We'll mark this as the next exhibit. 5 (Exhibit No. K marked for identification and 6 retained by counsel.) 7 BY MR. NOCOS: 8 Q Do you see letters and numbers on the lower 9 right-hand corner that says NDEX 005011? 10 A Yes, sir, I see that. 11 Q Okay. Have you seen this page before? 12 A (Witness peruses exhibit.) 13 Yes. 14 Q You have seen that page before? 15 A (Witness peruses exhibit.) 16 Actually, no, sir, I haven't seen this 17 referral. 18 Q You've never seen this referral. 19 A No, I haven't seen this referral. 20 Q How do you know that it is a referral? 21 A Because I know what a referral looks like, but I 22 have not seen this particular referral. 23 Q Okay. And how do you know what a referral looks 24 like? 25 A I've seen them in the past. 161 1 Q Okay. For cases in California? 2 A For cases in general. I can't say specific to 3 California. 4 Q So do all the referrals look like in this 5 particular format? 6 MR. NOBLE: Objection. Calls for speculation. 7 But go ahead. 8 A As I recall, yes, sir. 9 BY MR. NOCOS: 10 Q Okay. And is this referral to a particular 11 mortgage trustee? 12 A Yes, sir. 13 Q Okay. Who is this particular mortgage 14 trustee? 15 MR. NOBLE: I object to this whole line, that it 16 calls for speculation. 17 But go ahead to the extent that you can figure 18 it out from reading it. 19 A (Witness peruses exhibit.) 20 I don't know whether it's -- I know it's a 21 referral, but I don't see that it's a referral to any 22 person or business in particular. 23 BY MR. NOCOS: 24 Q What do you understand a referral to mean? 25 A Generally, a list of instructions as to or a 162 1 request for a particular action to take place, and in this 2 regard, to initiate a foreclosure action. 3 Q So you have seen referrals to initiate 4 foreclosure. 5 A Yes, sir. 6 Q And it's your understanding that this particular 7 referral is a referral to initiate a foreclosure action. 8 A Correct, sir. 9 Q Okay. And who would generate this particular 10 referral? 11 A The foreclosure department. 12 Q Do you mean within Wells Fargo? 13 A That is correct, sir. 14 Q Okay. And is this something that will be 15 uploaded to Vendorscape? 16 A Yes, it is. 17 Q Okay. Is this something that's copied to 18 Deutsche Bank? 19 A I don't have that information, sir. 20 Q In any of your cases that you've had in any, in 21 California or in anywhere in the U.S., do you know of any 22 occasion where a foreclosure referral made by Wells Fargo 23 was also copied to the loan investor or the trustee of 24 that loan trust? 25 A I don't have that information. 163 1 Q Is there anybody in Deutsche Bank you've spoken 2 with regarding this loan? 3 A No, sir. 4 Q All right. If I can go back to the -- can we go 5 to tab No. 8, please. 6 A Yes, sir. 7 Q Okay. We are going to mark this as the next 8 document exhibit. 9 (Exhibit No. L marked for identification and 10 retained by counsel.) 11 BY MR. NOCOS: 12 Q Okay. Have you seen this first page before? 13 This says, "Instructions." 14 A (Witness peruses exhibit.) 15 Yes, sir, I've seen that form before. 16 Q Okay. Not specifically for this case. 17 A No, sir, not for this case. I've seen it in the 18 past. 19 Q Okay. Where would this form be used, on what 20 occasion? 21 MR. NOBLE: Object to the extent it calls for 22 speculation. 23 But go ahead to the extent of your 24 understanding. 25 A It would be the instructions that would be 164 1 included with a loan modification packet that would be 2 sent to a borrower for signature and return. 3 BY MR. NOCOS: 4 Q This would be the loan modification for Wells 5 Fargo or ASC? 6 A That is correct, sir. 7 Q Okay. Can we go to the next page of that 8 document, or that tab, sorry. 9 A Yes, sir. 10 Q Do you recognize this page? 11 A (Witness peruses exhibit.) 12 Yes, sir. 13 Q Okay. Is this an offer for a loan modification? 14 MR. NOBLE: Object. That calls for a legal 15 analysis. 16 But go ahead. 17 A Yes, sir. 18 BY MR. NOCOS: 19 Q Is this page generated by ASC or Wells Fargo? 20 A Yes, sir, it is. 21 Q Is there anything on this page that tells you 22 that, that forms the basis of your knowledge? 23 A The letterhead states ASC, and it is a letter 24 written to the borrower. 25 Q Okay. On the first line on the right side of 165 1 the type is Client 106. Do you know what that means? 2 A 106 is this particular client. We break them 3 down in our CPI Fidelity systems by clients. This 4 particular line of ASC loans were also classified as 106 5 loans. 6 Q What do you mean by "these loans"? Is this 7 pertaining to the trust? 8 A Any ASC loan is classified as a 106 loan. 9 Q Okay. So any ASC loan, that is, any loans 10 serviced by ASC, are classified as Client 106? 11 A That is correct, sir. 12 Q In Fidelity. 13 A Correct, sir. 14 Q Okay. Does Wells Fargo service any other 15 loans? 16 A Yes, sir. 17 Q Okay. Through ASC? 18 A We have other clients. 19 Q No, I understand it is the ASC loan. ASC 20 service loans were just never ever -- 21 A On line 106. That's correct, sir. 22 Q Regardless if it's a New Century-originated loan 23 or any other originating lender? 24 A Correct, sir. 25 Q Okay. All right. And so it's your 166 1 understanding, then, that this is an offer for a loan 2 modification; is that correct? 3 A That is correct, sir. 4 Q Okay. And do you know who would be the person 5 responsible for generating this document? 6 MR. NOBLE: Objection. Calls for speculation. 7 It's vague. 8 But go ahead. 9 A The person that worked up the terms for the loan 10 modification would generate the letter. 11 BY MR. NOCOS: 12 Q Okay. I guess we'll go back to establish this. 13 Can you tell me what is your understanding of the process 14 for a loan modification from the time that the borrowers 15 had requested it to a decision? 16 MR. NOBLE: Objection. Calls for speculation 17 Calls for a narrative. 18 Go ahead. 19 A Okay. My understanding is that a borrower 20 speaks with a person from Loss Mitigation. Certain 21 documentation is requested from the borrower in order to 22 be able to make a determination, such as proof of income, 23 proof of expenses. And of course then the borrower would 24 also have to state that they wanted to modify the loan in 25 order to keep the property. 167 1 At that time, the documents are reviewed, and 2 then it is determined what the terms of the modification 3 are, based on investor guidelines. 4 Once that is determined, then a letter is 5 generated along with the modification agreement and is 6 sent to the borrower for execution and return. 7 BY MR. NOCOS: 8 Q And is this going to be entered into the 9 consolidated notes log, for this particular type of 10 activities? 11 A Yes, sir, that information would be contained 12 within the consolidated notes log. 13 Q Is it possible for a consolidated notes log to 14 say that the borrower is denied for a modification based 15 on the guidelines and still generate a letter like this? 16 A If it's the initial review based on investor 17 guidelines, it's automatically going to state that. But 18 then that's based on verbal documentation from the 19 borrower. Once other terms are met or once the figures 20 are ran, then at that time it would be determined. And 21 then, yes, there would be another notation, possibly 22 stating that the borrower qualified or that it would be 23 sent to the borrower contrary to what it states. 24 Q Okay. And then I would direct you to the fifth 25 page, or to the loan modification letter. It is comprised 168 1 of four pages. Is that correct, according to your 2 understanding? 3 MR. NOBLE: Objection. Calls for speculation. 4 A Actually, the letter itself is two pages. 5 BY MR. NOCOS: 6 Q Two pages, okay. And then right after that, 7 there's another two-page document called Loan Modification 8 Agreement, loan number 1127062931. Is that correct? 9 A That is correct, sir. 10 Q Okay. And there's another document after that 11 document, and it says "Loan Modification Agreement," in 12 all caps and bold, centered; is that correct? 13 A That is correct, sir. 14 Q On the upper left-hand corner of that document, 15 there is an entry that says "Prepared by"; is that 16 correct? 17 A That is correct. 18 Q Do you recall that personally, what is indicated 19 there? 20 A No, sir, I do not. 21 Q Is it your understanding that the person that 22 would be generating this, this particular document, would 23 be from Loss Mitigation? 24 A That is correct, sir. 25 Q Okay. 169 1 MR. NOCOS: All right. This hasn't been marked 2 as an exhibit. Is that correct? 3 THE WITNESS: When you get a moment that you can 4 take a break. Do you mind if I go ahead, if you want to 5 take a break now? 6 (Recess taken from 5:50 p.m. to 6:00 p.m.) 7 BY MR. NOCOS: 8 Q Back on the record. Can I direct you now to go 9 to page, or tab number 3. And we'll mark this as the next 10 exhibit. 11 (Exhibit No. M marked for identification and 12 retained by counsel.) 13 BY MR. NOCOS: 14 Q Okay. Have you seen this document prior to 15 today? 16 A Yes, sir. 17 Q Okay. And when was the last time you saw this 18 document? 19 A I don't recall specifically when. 20 Q Is this a document that you produced to 21 Mr. Noble? 22 A Yes, sir. It's one of the documents. 23 Q Okay. And do you know what this document is? 24 A A default notice. 25 Q Okay. Have you seen that particular type of 170 1 default notice in any of your other cases in California? 2 A Yes, sir. 3 Q Is this something that would be uploaded to 4 Vendorscape? 5 A Yes, sir. 6 Q Is this something that you uploaded on 7 Vendorscape? 8 A No, sir. 9 Q Okay. And where did you obtain this document? 10 A I don't recall particularly. 11 Q Where would this document be normally located? 12 A Either through Vendorscape or possibly it can be 13 located in Imaging. 14 Q You mean that's uploaded in FileNet? 15 A Or in ... correct. 16 Q Do you have an administrative assistant, 17 Ms. Shanabrook? 18 A No, sir, I do not. 19 Q Do you do most of the work as far as printing 20 and copying and sending stuff? 21 A I do all of the work as far as printing and 22 copying and so forth, yes, sir. 23 Q If a request is made, it would be you. If a 24 request for a document is made, it would be you that will 25 be looking for through documents and actually printing 171 1 them out. 2 A That's correct. 3 Q Okay. To your knowledge, has anyone been 4 assigned to this file other than you? 5 A I believe so, yes, sir. 6 Q Do you recall the names of those people? 7 A I know the department. 8 Q Oh, let me get this straight. When you were 9 assigned as a litigation specialist for this file, do you 10 know of any other litigation specialists that were 11 assigned to this file? 12 A Yes, sir. 13 Q Okay. And do you now recall any of the names of 14 those people? 15 A One other person that I recall. 16 Q And what's the person's name? 17 A Jamie Walls, W-a-l-l-s. 18 Q Is Jamie Walls still with Wells Fargo? 19 A Yes, sir. 20 Q Is she still a litigation specialist? 21 A Yes, sir. 22 Q And was she assigned to this -- when were you 23 assigned to this file? 24 A As I recall, it was in -- she was assigned in 25 September of 2009, if I remember correct, and then I was 172 1 assigned approximately December of 2009. 2 Q Any particular reason why you were assigned this 3 file after Ms. Walls? 4 A We transfer files within our department, sir. 5 Depending on a person's caseload, it could have been part 6 of that transfer. 7 Q Okay. So one reason would be that she has more 8 files that she's working and needs to pass on something to 9 you? 10 A Correct. 11 Q Okay. Do you know if Ms. Walls signed any 12 documents on behalf of ASC whenever she was assigned this 13 file? 14 A I don't recall. 15 Q Did you review the file when you were assigned 16 this, as to what was inside the file, what was in the file 17 that had Ms. Walls' name or any bearing of her identity? 18 A As I recall, she was assigned the file, but I do 19 not know if she generated any documents or whether she did 20 do any work on the file itself. I don't recall that 21 information. 22 Q Okay. I'm going to go to the next exhibit then. 23 Let's go to tab number ... 3. Oh, sorry. Tab number 1. 24 (Exhibit No. N marked for identification and 25 retained by counsel.) 173 1 A Yes, sir. 2 BY MR. NOCOS: 3 Q Have you seen this document prior to today? 4 A Yes, sir. 5 Q Okay. And when was the last time you saw this 6 document? 7 A I can't recall the particular date, sir. 8 Q This is something that you produced in response 9 to a request? 10 A Yes. 11 Q That was produced to Mr. Noble? 12 A Correct, sir. 13 Q Okay. Do you know what this document is? 14 A It's the assignment of a deed of trust. 15 MR. NOBLE: And object to the extent it calls 16 for a legal analysis. But that's fine. 17 BY MR. NOCOS: 18 Q Okay. Do you recognize any names on this 19 document? 20 A The Anita Antinelli that you alluded to earlier 21 during this deposition. Other than that, no, sir. 22 Q Okay. And do you know who Anita Antinelli is 23 now? Does this refresh your recollection? 24 A She's a vice president of loan documentation, 25 sir. 174 1 Q Is this, then, the only time you've seen her 2 name, is when you saw this loan document? 3 A That is correct, sir. 4 Q You've never seen her name appear in any other 5 documents you've reviewed in this case? 6 A As I recall, I know in this particular instance 7 she was on the assignment with this loan. I may have seen 8 her on other loans, but other than documents for this 9 particular loan, I cannot recall. 10 Q Do you know how these assignments of these 11 trusts are generated? 12 A No, sir, I do not. 13 Q Do you know when this document was signed? 14 MR. NOBLE: Object that that calls for 15 speculation. But, I mean, she could read the document. 16 BY MR. NOCOS: 17 Q My only question is, is your basis for your 18 knowledge is the date that is written on the document? 19 A Yes, sir. 20 Q You don't have any other source as to when this 21 document was signed? 22 A No, sir, I do not. 23 Q Okay. The next one would be tab number 2. That 24 would be the next document to be marked. 25 (Exhibit No. O marked for identification and 175 1 retained by counsel.) 2 BY MR. NOCOS: 3 Q Have you seen this document prior to today? 4 A Yes. 5 Q Okay. And when was the last time you saw this 6 document? 7 A I do not recall a particular date. 8 Q Do you know when and where you saw this 9 document? 10 A No, sir. 11 Q Is this something you produced to Mr. Noble? 12 A Yes, sir. 13 Q Okay. Do you recognize any names on this 14 document? 15 A Kevin Marks. 16 Q Okay. We have talked about Kevin Marks. And 17 you said that he -- you recall him to be a vice president; 18 is that correct? 19 A Of Loan Documentation, yes, sir. 20 Q Okay. Do you know if he holds any other 21 positions in Wells Fargo? 22 A He does. I cannot recall what his position 23 title is, though. 24 Q Okay. Do you know the duties for that 25 position? 176 1 A Generally, I've dealt with him only when 2 discussing equity analysis on particular loans when a 3 second lien is being charged off. 4 Q Okay. And that was the last time you spoke with 5 him, was regarding a request for equity analysis; is that 6 correct? 7 A That is correct, sir. 8 Q Okay. All right. Other than this spreadsheet 9 that you gave me that you termed as the loan, the mortgage 10 loan schedule, which was heavily redacted, do you have any 11 other documentation that identifies or evidences that this 12 loan is part of the loan trust? 13 A Not that I can recall. 14 Q You mentioned earlier about requesting for the 15 loan file which contains all of the originals; is that 16 correct? 17 A That is correct, sir. 18 Q And I think, I believe you said that this was 19 requested through -- is it Client Services or another 20 department? 21 A Another department -- a person within my 22 department that made the request. They faxed the 23 letter. 24 Q Okay. And who would that person be? 25 A Tina Fisher. 177 1 Q Can you spell her name, please. 2 A T-i-n-a F-i-s-h-e-r. 3 Q What is her title at Wells Fargo? 4 A I don't know. 5 Q What department is she in? 6 A She's in DOS. 7 Q Okay. And does she report to you? 8 A No, sir. 9 Q Does she report to Ms. Grove? 10 A No, sir. 11 Q Who does she report to? 12 A I do not recall. 13 Q Is there a particular department she's with, 14 like a sub-department within DOS? 15 A Yes, but I do not know any particulars. There 16 are probably about 100 people in my department, and quite 17 frankly, sir, I do not know what every person does nor 18 whom they report to. 19 Q How do you know that Tina Fisher is the person 20 that you would use to request the loan file? 21 MR. NOBLE: Objection. Lacks foundation. 22 Go ahead. 23 A Because I've requested files from her in the 24 past, and she's obtained them for me. 25 BY MR. NOCOS: 178 1 Q How do you know in the very beginning when you 2 first requested your, made your first request to her that 3 she was the person to talk to when making the requests? 4 A I asked my then at that time supervisor, and he 5 said, "Contact Tina and she would get you the file." 6 Q Okay. And do you know where Tina would obtain 7 the file? 8 A I'm sorry, say that again. 9 Q And do you know where Tina would obtain the 10 file? 11 A She would obtain it from, from the custodian of 12 the file. She would -- 13 Q Who's the custodian of the file? 14 A In this instance, I don't know. I filled out 15 the form. I gave it to her and she faxed it. 16 Q Can you describe to me what the form looks like? 17 A It's a form that lists a fax number, a person's 18 contact name, which I do not recall who that was. And it 19 will state the loan number, the address, the reason for 20 the request, and a place for signature for the person 21 authorized for the request in this instance. 22 Q Is there a check -- 23 A It was Jose Pena. I'm sorry. 24 Q Are there check boxes on that form? 25 A Yes, sir. 179 1 Q Okay. And what did the check boxes -- I mean, 2 what were the words next to those check boxes, as you 3 recall them? 4 A It will ask the reason for the request. And I 5 don't recall what any of those are except the last one, 6 and it's blank, and I put in, Litigation, File requested 7 for court in order to -- 8 Q File requested for court? 9 A Yes, in hopes of expediting the matter. 10 Q Did you list particular documents that you 11 wanted requested? 12 A I asked for the file. I did not ask for any 13 particular documents. 14 Q Is there was some sort of system where there's 15 some response that says, We received your request, we're 16 getting back to you in so many days? 17 A No, sir. If there's a fax confirmation, it went 18 through. Tina gives me the copy of it. I staple it to my 19 original request so that I have a copy so I know that I 20 actually made the request. I put it in my drawer, and I 21 wait. 22 Q Do you make a follow-up at any time after you 23 sent -- you received that fax confirmation? 24 A I'll stop by Tina's desk every now and then and 25 say, Did you get the file? And she'll say yes or not. If 180 1 she got the file, she'll give it to me. If she didn't, I 2 don't get the file. 3 Q So the only person you talk to to make a 4 follow-up would be Tina. 5 A That is correct, sir. 6 Q When was the last time you asked Tina for an 7 update? 8 A A couple of days ago. 9 Q And what was her response? 10 A "Nothing yet." 11 Q Did she give an indication as to when she would 12 be getting that? 13 A She does not know. I've asked her in the past. 14 She says she doesn't know; we'll get it when we get it. 15 Q Who does she talk with over there whenever she 16 makes a request? 17 A I don't know. 18 Q When was the last time you actually had asked 19 for a copy of the original note for any of your cases? 20 A I've requested original files but not 21 necessarily an original note. 22 Q What was the reason for your requesting the 23 original file for that particular instance? 24 A To locate the note. 25 Q Okay. Was there a specific request for the note 181 1 from someone that prompted you to make that request? 2 A Yes, sir. 3 Q Have you ever made a request for an original 4 note or original document and received a response that 5 said it doesn't exist? 6 A In the one particular instance when I requested 7 the file, probably the most -- well, not the most recent, 8 but a couple of months ago, I requested a file, in 9 particular to locate the note. The note was not in the 10 file. We had filed a lost note affidavit, and I had to 11 produce the file to prove that the note was not in the 12 file and take it to the court. 13 Q Do you recall the originating lender for that 14 file? 15 A I don't recall, no, sir. 16 Q Was that a Deutsche Bank file? 17 A Not that I recall. 18 Q Have you had an occasion to produce or where you 19 were requested to produce a note for a case in 20 California? 21 A Not that I recall. 22 Q You never had to make a request for a copy of 23 the original note, for the original note for any of your 24 cases in California? 25 A Not that I recall, no, sir. 182 1 Q Do you know what documents are provided to the 2 trustee service or the trustee attorneys if there's a 3 referral for foreclosure? 4 MR. NOBLE: Objection. Calls for a legal 5 analysis and speculation. 6 But go ahead to the extent you know. 7 A I do not know, sir. 8 BY MR. NOCOS: 9 Q You've had referrals before. 10 A Yes, sir. 11 Q Do you recall in any of the referrals that 12 you've read whether any documents were transmitted with 13 those referrals? 14 A I don't recall. 15 Q Who at Wells Fargo would be able to provide 16 information regarding the ... the loan originating from 17 New Century being transferred to Deutsche Bank? 18 A I'm sorry. Say that again, please. 19 Q Is there a person in Wells Fargo who was 20 provided information regarding how the loan went from 21 New Century to Deutsche Bank? 22 A Client Services. I don't know a particular 23 individual. 24 Q Have you had any occasion where you were asked 25 to provide testimony regarding what I would call the path 183 1 of the note from the originating lender to the trust or 2 the investor of the loan? 3 A Yes, sir. 4 Q You've even been able to provide testimony in 5 that regard. 6 A In the past on certain occasions, yes, sir. 7 Q Can you recall the most recent occasion? 8 A Not off the top of my head. 9 Q Was that for a case in California? 10 A No, sir. 11 Q What was the basis of your information or your 12 knowledge of being able to testify as to how the note came 13 from the originating lender to the loan trust? 14 A Through the course of the note and the 15 assignments. 16 Q What documents did you review to be able to 17 testify regarding that? 18 A The assignments in particular. Nothing, nothing 19 else comes to mind at this time. 20 Q Is there anything on the note that tells you 21 that this note went from the originating lender to the 22 loan trust? 23 MR. NOBLE: I want to clarify. We're talking in 24 general or -- 25 BY MR. NOCOS: 184 1 Q In general, in a general case, not this 2 particular loan. 3 A Not that I recall. 4 Q Okay. Are you going to be able to tell me how 5 this loan went from New Century to Deutsche Bank? 6 A No, I don't recall. 7 Q You don't recall or if you can't tell me or you 8 don't have any knowledge that you are able to tell me? 9 MR. NOBLE: Object that it calls for a legal 10 analysis and speculation. 11 But go ahead. 12 A I do not know. 13 BY MR. NOCOS: 14 Q So there's no, there are no documents that you 15 can review to give you the knowledge to tell me how the 16 loan went from New Century to Deutsche Bank. 17 A Other than any assignments, that would be the 18 way that I would be able to trace the path, so to speak. 19 Q Is there anyone within Wells Fargo, someone that 20 you report to, someone that you know above you, who may be 21 able to testify regarding that? 22 A I don't know anybody in particular. 23 Q How is it that you were able to testify for the 24 case where you were able to trace the path of the note 25 from the originating lender to the loan trust? What made 185 1 you qualified to testify in that regard? 2 A In this instance, I mean, it would just depend 3 on whether I had the assignments, whether I would be 4 actually able to physically -- 5 MR. NOBLE: I think he's referring specifically 6 to the last time that you've testified. 7 A The same thing. To actually have the note, have 8 the assignment and be able to tell. 9 BY MR. NOCOS: 10 Q Okay. The assignment that you produced, there's 11 an assignment of a deed of trust that you produced. You 12 have produced the notes in this case. Reviewing those 13 things, you don't feel qualified to tell me how the note 14 came from New Century to the loan trust, or do you? 15 MR. NOBLE: I'm going to object. This calls for 16 a legal analysis. 17 But go ahead. 18 A I don't know. I mean ... 19 BY MR. NOCOS: 20 Q What is your basis to believe that the loan now 21 belongs to, or the loan is with Deutsche Bank as trustee 22 for the Morgan Stanley Loan Trust? 23 MR. NOBLE: Objection. Calls for a legal 24 analysis. 25 A Through the assignment. 186 1 BY MR. NOCOS: 2 Q Let me help you out a little bit. 3 A Certainly. 4 Q Okay. Go back to exhibit -- or I don't know the 5 exhibit number, but it's tab 18. Oh, Exhibit F, sorry. 6 It's tab 18 in the binder and it's Exhibit F. 7 Do you recall this is the declaration we 8 discussed earlier? 9 A Yes, sir, I recall. 10 Q Okay. So let's go to the first page of that 11 declaration, not the cover page but the first page. It 12 says, "I, Cindy Shanabrook, declare," on the very top. 13 A I see that. 14 Q Okay. I will direct your attention to paragraph 15 five of this page. 16 Directing your attention to paragraph five of 17 this page, can you read the paragraph for me, please. 18 A Paragraph five? 19 Q Yes. 20 A "The Loan was on sold to The Morgan Stanley Loan 21 Trust 2006-NC. Deutsche Bank National Trust Company 22 ("Deutsche Bank") is the trustee for this trust and 23 America's Servicing Company was retained to service the 24 loan." 25 Q Okay. And how do you know that this loan was 187 1 sold to the Morgan Stanley Loan Trust 2006-NC, as you 2 declare in your declaration? 3 A (Witness peruses document.) 4 As part of the Pooling and Servicing 5 Agreement. 6 Q What is it in the Pooling and Servicing 7 Agreement that leads you to conclude that this loan was 8 sold to Morgan Stanley Loan Trust 2006-NC? 9 MR. NOBLE: Objection. Calls for legal 10 analysis. 11 A Bear with me just one moment. 12 (Witness peruses documents.) 13 I don't recall where I inquired, to be honest. 14 I don't recall. 15 Q How long have you held this file, 16 Ms. Shanabrook? 17 A Since December of 2009. 18 Q 2009? 19 A Correct. 20 Q Okay. And this declaration was executed on 21 December 2009. 22 A Correct. 23 Q Okay. Did you make -- do you know what 24 documents you reviewed when you made that declaration? 25 A I can't recall back in this time period, sir. 188 1 Q Okay. What would refresh your memory? 2 A I don't know. 3 Q There's nothing, no document that you can look 4 at that would refresh your memory. You looked at the PSA 5 awhile ago, right? 6 A I did, sir. 7 Q When you said, "Hold on for a moment"? 8 A Yes. 9 Q Okay. Is there anything in the PSA that 10 refreshed your recollection? 11 A The pooling and servicing agreement itself. I 12 mean, the title page, as well as all of the sections that 13 are contained within. 14 Q Is there anything in the PSA that tells you this 15 loan was sold to the Morgan Stanley Loan Trust 2006-NC? 16 And when we say "this loan," we're talking about the 17 subject loan that I in the very beginning had said was 18 Ms. Cromwell's loan. 19 MR. NOBLE: Objection. Calls for a legal 20 analysis. 21 BY MR. NOCOS: 22 Q So you don't have any basis for your declaration 23 that the Morgan Stanley, the loan was sold to Morgan 24 Stanley Loan Trust 2006 NC? 25 MR. NOBLE: Objection. It calls for 189 1 speculation, and it lacks foundation, actually. 2 BY MR. NOCOS: 3 Q Okay. We talked earlier about the remittance, 4 the payments, the remittance payments to the trust; is 5 that correct? 6 A Correct. 7 Q You recall that? 8 A Yes, correct. 9 Q You told me that if a loan was in default, the 10 payment would be advanced on behalf of the borrower to the 11 trust; is that correct? 12 A Correct. 13 Q Is that correct? 14 A Yes, sir. 15 Q Okay. So the trust, it's being paid monthly for 16 the loan. 17 A Correct. 18 Q Okay. So every month, regardless if a payment 19 by a borrower is made or not, the trust is receiving its 20 distribution. 21 A Correct. 22 Q Okay. Is the trust then reflecting a current 23 monthly payment as far as Ms. Cromwell's loan is 24 concerned? 25 A I wouldn't have that information. 190 1 Q Okay. Is the trust -- the trust is getting paid 2 every month regardless whether Ms. Cromwell made a payment 3 or not; is that correct? 4 A That's correct. 5 Q And that payment is made by ASC. 6 A That is correct. 7 Q Okay. And the trust, then, is not shortened. 8 There's no shortage of funds given to the trust every 9 month for this loan in particular. 10 MR. NOBLE: Objection. Vague. Calls for 11 speculation. 12 A Correct. 13 BY MR. NOCOS: 14 Q Okay. And is it your understanding then that 15 the Deutsche Bank National Trust Company is the 16 beneficiary of the deed of trust? 17 MR. NOBLE: Objection. It's a legal conclusion 18 analysis. She's a lay witness. 19 A I don't have that information. 20 BY MR. NOCOS: 21 Q Is it your understanding, then, that Deutsche 22 Bank National Trust Company has a right to collect 23 payments from Ms. Cromwell? 24 MR. NOBLE: Objection. That calls for a legal 25 analysis. 191 1 A They're entitled to payments, correct. 2 BY MR. NOCOS: 3 Q Okay. And it is then your understanding, then, 4 that ASC is providing those payments to the loan trust? 5 A That is correct. 6 Q Okay. Is there any location where ASC will not, 7 will not advance a loan payment to the loan trust? 8 A Not that I'm aware of. 9 Q How is the arrangement that ASC will be 10 advancing these loan payments created? 11 A I don't have that information. 12 Q That's somewhere in the PSA? 13 MR. NOBLE: Objection. Calls for legal 14 analysis. 15 A I'm sure it's outlined in the PSA. 16 BY MR. NOCOS: 17 Q Okay. Do you know if ASC also -- how is ASC 18 going to be paid back for all its advances to Deutsche 19 Bank? 20 A I don't know. 21 Q Have you had any occasion to review that file 22 that's been fully paid by the borrower? 23 A Not that I recall, no, sir. 24 Q Okay. All right. Let's just go back to, let's 25 just go to some knowledge you have with regard to the 192 1 departments within Wells Fargo. I mean, you are the only 2 person I'm going to talk to. 3 So do you know the department that is in charge 4 of providing the accounting of payments made in the loan? 5 A Cash department. 6 Q Cash department? 7 A Cash. 8 Q Okay. Is that -- do you know where that office 9 is located? 10 A Des Moines, Iowa. 11 Q Is that the same location as the imaging? 12 A Yes, sir. 13 Q Is there a department that handles the 14 accounting for the service, a master servicer of the 15 loan? 16 A Yes, sir. 17 Q Do you know who the master servicer of this loan 18 is? 19 A I know that we're the servicer is, but I don't 20 know -- 21 MR. NOBLE: Objection. That calls for a legal 22 analysis. 23 But go ahead. 24 A I know that we're the servicer, but I don't 25 recall who the master servicer is. 193 1 BY MR. NOCOS: 2 Q Is that contained in the PSA? 3 A Generally, yes. 4 MR. NOBLE: Objection. Calls for legal 5 analysis. 6 BY MR. NOCOS: 7 Q Okay. If you look at the PSA, will that refresh 8 your recollection? 9 A No, sir. 10 Q Okay. You provided a declaration regarding 11 payments made by Ms. Cromwell on this loan and missed 12 payments. Do you recall making that declaration? 13 A Yes, sir. 14 Q Okay. And what was the basis of your knowledge 15 for those payments that were made and not made by 16 Ms. Cromwell? 17 A To review the loan history itself. 18 Q Who has access to that loan history? 19 A I do. Anybody from Collections. Anybody that 20 has access to the Fidelity CPI database system. 21 Q Okay. So if a payment is made, it's submitted 22 to a department in Wells Fargo and it's somehow applied to 23 the loan, how is that entered into Fidelity? 24 A The Cash department would notate the loan. They 25 would insert that information that a payment was made, and 194 1 it would then appear on a payment history. 2 Q Okay. Do you know of any contracts or any 3 documents that says that Plaintiff has to make payments to 4 America's Servicing Company? 5 MR. NOBLE: Objection. Calls for legal 6 analysis. 7 But go ahead. 8 A As servicer and through the PSA, we are assigned 9 that duty to collect the payments from the borrower. 10 BY MR. NOCOS: 11 Q Okay. Do you know if the, if Ms. Cromwell is 12 legally obligated under any contract? You alluded awhile 13 back several times of a contractual duty to pay. Do you 14 know of any of that, according to your understanding, what 15 a contractual duty is for any obligation to pay money back 16 to ASC for those advances? 17 MR. NOBLE: Objection. Calls for a legal 18 analysis. 19 A I'm sorry. Can you rephrase that? 20 BY MR. NOCOS: 21 Q Do you know of any -- a document that talks 22 about Ms. Cromwell's contractual duty to pay back ASC for 23 the advances ASC made to Deutsche Bank? 24 MR. NOBLE: Objection. Calls for a legal 25 analysis. 195 1 A ASC is the servicer of the loan. That's -- our 2 servicing is outlined in the Employee and Servicing 3 Agreement. 4 BY MR. NOCOS: 5 Q You mentioned earlier that you understand the 6 deed of trust and promissory note to be the contracts; is 7 that correct? 8 A Right. 9 MR. NOBLE: Objection. Lacks foundation. 10 Misstates testimony. 11 But go ahead. 12 A Correct. 13 BY MR. NOCOS: 14 Q Is there any document between Wells Fargo and 15 Ms. Cromwell or between ASC and Ms. Cromwell -- 16 MR. NOBLE: Objection. Calls for a legal 17 analysis. 18 BY MR. NOCOS: 19 Q -- that has that same contractual duty? 20 A One moment. 21 (Witness peruses documents.) 22 I'm ready, sir. 23 Q Okay. 24 A The assignment of the deed of trust. 25 Q Okay. That's, that's your knowledge, that gives 196 1 or that obligates Ms. Cromwell to be contractually, to 2 have a contractual duty to pay ASC back? 3 MR. NOBLE: Objection. Calls for a legal 4 analysis. This is a lay witness. She's not going to be 5 testifying about the intricacies of California law or 6 promissory notes or secured transactions or payment 7 systems or the UCC or anything else, so -- 8 But to the extent that you understand how the 9 legal obligations work in this capacity, please go ahead 10 and share it 11 A That would be my understanding, sir. 12 BY MR. NOCOS: 13 Q Okay. Have you received a notice of deposition 14 of a person most qualified that was given by 15 Ms. Cromwell? 16 A Yes, I did. 17 Q Okay. And did you read those categories that 18 were provided there? 19 A Yes, I did. 20 Q Okay. And is it your understanding that you're 21 being produced for that purpose here today? 22 A Yes, sir. 23 Q So to your knowledge, are you the person most 24 qualified to testify as to those categories in that, in 25 that notice? 197 1 A Yes, sir. 2 Q Are there any other, any other individuals 3 within Wells Fargo that would be more qualified to testify 4 with regard to that, those categories? 5 A I'm sure there are, sir. 6 Q Any reason why they were not provided and 7 produced today? 8 MR. NOBLE: Objection. This is about 9 litigation. It's attorney-client privilege. Don't answer 10 it. 11 BY MR. NOCOS: 12 Q Can you give us some of the names of the people 13 that you believe are more qualified to testify? 14 A I wouldn't have that information. 15 Q What is your basis of your knowledge for making 16 a statement just previously, that you're sure there are 17 people who are more qualified to testify? 18 A What is my basis? The same as my basis is that 19 I'm sure I'm more qualified than other people. It would 20 be the pecking order of things, sir. There are other 21 people that have been with the company years longer than I 22 have that would have much more information than I do. 23 Q Can you give me some names of those higher 24 people, people that higher in the pecking order, then? 25 MR. NOBLE: Object. It's extremely vague. 198 1 Go ahead to the extent that you can. 2 A My supervisor. 3 BY MR. NOCOS: 4 Q Ms. Julie Ann Grove? 5 A Yes, sir. My supervisor's supervisor. I'm sure 6 there are numerous people that are also qualified to 7 testify. 8 Q Is Mr. Pinto qualified to testify? 9 A I'm quite sure he is, sir. 10 Q Is Tina Fisher qualified to testify? 11 A Since I don't know what her job capacity is, I 12 could not answer that. 13 Q Okay, I'm going to direct you to tab No. 21 in 14 that binder. 15 And let's mark this as the next exhibit. 16 (Exhibit No. P marked for identification and 17 retained by counsel.) 18 BY MR. NOCOS: 19 Q Can you tell me the words on the right side in 20 bold, all caps, and can you please read that. 21 A Propounding Responding Set Number. 22 Q I'm sorry. The very first page is on tab 21. 23 A Oh. I'm sorry, sir. 24 Q That's okay. 25 A The -- oh, on the right side? 199 1 Q Yes. 2 A First Supplemental Responses, Deutsche Bank, to 3 Special Interrogatories, Set 2. 4 Q Okay. And you go to the next page as you did. 5 Can you tell me, can you read the Special Interrogatory 6 No. 38. 7 A Response to Special Interrogatory No. 38 -- 8 Q Actually, I would like you to read the actual 9 interrogatory first, the special interrogatory. Right 10 above that. 11 A Oh, I'm sorry. Yes, sir. 12 "Identify the process how each monthly payment 13 made to America's Servicing Company by Borrower were sent 14 to you." 15 Q Okay. Do you recall reading this document prior 16 to today? 17 A Yes, sir, I do. 18 Q Do you recall discussing this with Mr. Noble? 19 MR. NOBLE: Objection. It calls for 20 attorney-client privilege. Don't answer that. 21 BY MR. NOCOS: 22 Q Do you recall signing this document? Or I'm 23 sorry. Do you recall signing the verification for this 24 document? 25 A Yes, sir, I do. 200 1 Q Okay. Was the verification signed before or 2 after you reviewed this document? 3 A It was signed after I reviewed it. 4 Q Okay. And so can you provide -- can you tell me 5 then the response to Special Interrogatory No. 38? 6 A You want me to read the response to you? 7 Q Yeah. 8 A "America's Servicing Company sends a single 9 remittance payment to Deutsche Bank for every loan 10 contained within the Morgan Stanley Loan Trust 2006-NC2 11 once per month. 12 "The remittance is due two business days prior 13 to the distribution date, which is the 25th of the month, 14 following the cutoff, which is the last business day of 15 the month. If the 25th is not a business day, the 16 distribution date is the next succeeding business day. 17 For example, if the cutoff date is April 30th, 2010, then 18 the remittance will be sent to Deutsche Bank on May 21, 19 2010. 20 Q Can you read the next paragraph. 21 A "If America's Servicing Company does not receive 22 a payment on a particular loan for a particular month or 23 receive less than the amount owed by the borrower, 24 America's Servicing Company advances the funds to Deutsche 25 Bank. When the loan is terminated, America's Servicing 201 1 Company will then request that Deutsche Bank refund the 2 money advanced to Deutsche Bank." 3 Q Okay. Do you know what it means, "when the loan 4 is terminated"? 5 A When the loan no longer exists. 6 Q Do you know what that term means, 7 "terminated"? 8 A I would come to one of two conclusions with that 9 phrase. And that would be either if it's paid off or 10 transferred or sold. 11 Q Can you recall reading this particular 12 paragraph, these two paragraphs right under Response to 13 Special Interrogatory No. 38, prior to you signing the 14 verification? 15 A Correct. 16 Q Okay. And you have an understandings of when 17 the loan is terminated after reading that, those two 18 paragraphs? 19 A Correct. 20 Q Okay. And then you said, one of two things. 21 Can you repeat those two things. 22 A If the loan is transferred or if it's paid in 23 full, or paid. 24 Q Okay. So if the loan is paid in full -- 25 A Or sold. 202 1 Q -- or transferred, then America's Servicing 2 Company will then request that Deutsche Bank refund their 3 money advanced to Deutsche Bank. 4 A Correct. 5 Q Is that right? 6 A Correct. 7 Q Does Wells Fargo stop or ASC stop paying once a 8 loan is terminated? 9 A I don't have that information. 10 Q Okay. When I say "stop paying," I mean advance 11 payments. 12 A If we no longer have the loan, we would not 13 advance payments. 14 Q How about when it's terminated? 15 A I don't have that information. 16 Q Okay. Do you recall what, what source of, what 17 source you would look at to be able to provide this answer 18 in this interrogatory? 19 A It's information that's obtained through ... I 20 have a particular name, but I do not know -- I'm trying to 21 think what department. 22 I can't recall off the top of my head. 23 Q Okay. What is that name of that person that you 24 said you had a particular name? 25 A Stephanie Schaffer. 203 1 Q Okay. Could you spell Stephanie Schaffer, 2 please. 3 A S-t-e-p-h-a-n-i-e. I probably don't have it 4 correct, but I believe it's S-c-h-a-f-f-e-r. 5 Q Okay. And you don't know what department she's 6 in? 7 A She's just a person that I go to if I need 8 certain pieces of information. 9 Q Okay. What kind of information was she able to 10 provide you for you to be able to come up with this 11 response? 12 A Procedures, as well as ... yeah, I don't recall 13 what else it is she provided. I think it was something 14 else, but I don't recall. 15 Q Is she part of DOS? 16 A No, sir. 17 Q Okay. And what department -- and you don't know 18 the department she works for? 19 A I don't recall offhand. I believe she's out in 20 Des Moines. 21 Q Okay. So it's not in Frederick, Maryland. 22 A No, sir. 23 Q Okay. Do you know how the, how the money is 24 distributed as far as, you know, is that a transfer, a 25 wire transfer, or is that something that's, you know, a 204 1 check that's written to the loan trust? 2 A I don't have that information. 3 Q Okay. Would Stephanie Schaffer have that 4 information? 5 A Perhaps. 6 Q Okay. 7 A Perhaps not. 8 Q Do you have any information as to the loan 9 investor or the loan investors not receiving the payments 10 in advance? 11 MR. NOBLE: Objection. Vague. 12 A I don't have that information. 13 BY MR. NOCOS: 14 Q Who makes the determination if the loan is in 15 default whether to initiate foreclosure? 16 MR. NOBLE: Objection. Calls for speculation. 17 A That would be determined by the foreclosure 18 representative that's assigned to this particular loan. 19 BY MR. NOCOS: 20 Q Does Deutsche Bank have any say into making that 21 determination? 22 A Through their guidelines. 23 Q Whose guidelines? 24 A Deutsche Bank. Guidelines that they, that they 25 would set that we would be required to adhere to. 205 1 Q What guidelines, or where would those guidelines 2 be located? 3 A Employee and Servicing Agreement. 4 Q And can you tell me where in the Employee and 5 Servicing Agreement those guidelines are indicated? 6 A It would indicate through the default 7 information. I don't know in particular where. 8 Q Okay. And does Deutsche Bank make a -- do they 9 communicate their desire for, you know, to initiate 10 foreclosure for any type of loan? 11 A I'm sorry. Can you clarify that? 12 Q Does Deutsche Bank make a -- communicate to 13 anyone at ASC a desire to accelerate the loan or initiate 14 the foreclosure of a loan? 15 A I don't have that information. 16 Q Do you know anybody in Wells Fargo who would 17 have that information? 18 A No, sir. 19 Q Do you know for this particular case how the 20 determination was made to initiate foreclosure? 21 A No, sir, I do not. 22 MR. NOCOS: I don't have any questions for now. 23 I'm going to allow Mr. Noble if he has any questions to be 24 asked, and then after that, I'll go right after that. 25 MR. NOBLE: No, I think I'm set. 206 1 MR. NOCOS: Okay. If you can give me, like, a 2 couple of minutes to review my outline to make sure I have 3 covered everything. 4 (Brief pause in proceedings.) 5 BY MR. NOCOS: 6 Q Can you -- can I direct you to tab No. 7. 7 A Yes, sir. 8 Q Okay. And then we have page number 908 in the 9 lower, right-hand corner; is that correct? 10 A That is correct, sir. 11 Q Okay. Do you know what this -- well, have you 12 seen this document before? 13 A Yes, sir, I have. 14 Q Okay. When was the last time you saw this 15 document? 16 A I don't know in particular when. 17 Q Was this produced in response to a request? 18 A I don't recall. 19 Q Okay. Go to the next page then. 20 A Yes. 21 Q Can you tell me what this document is? 22 A 909? 23 Q That's correct. 24 A It's actually page two of the same set of 25 documents as the previous page, 908. 207 1 Q Okay. Is it safe for me to assume, then, that 2 page 908, page 909, page 910 and page 911 is one document? 3 A That is correct, sir. 4 MR. NOCOS: Okay. Can we then mark that as the 5 next exhibit. 6 (Exhibit No. Q marked for identification and 7 retained by counsel.) 8 BY MR. NOCOS: 9 Q Okay. Looking at Exhibit Q, do you know what 10 this, this letter is, or document? 11 A It's a pay-off quote. 12 Q Okay. 13 A For Ms. Cromwell's loan. 14 Q Do you know who generated this document? 15 A No, sir. 16 Q Is this a document that's generated by a 17 particular department within Wells Fargo? 18 A The pay-off department. 19 Q Okay. Is that -- do you know the office where 20 they're located? 21 A (Witness peruses exhibit.) 22 Des Moines, Iowa. 23 Q Okay. Can you tell from this document whether 24 this was requested by a particular person or department 25 within Wells Fargo? 208 1 A Yes, sir. 2 Q Okay. And who was that? 3 A Carol Davis. 4 Q Okay. And who is Carol Davis? Do you know her? 5 A Yes, sir, I do. 6 Q Okay. Who is she? 7 A She's a paralegal in the legal department. 8 Q Okay. Of Wells Fargo? 9 A Yes, sir. 10 Q Where is the legal department of Wells Fargo? 11 A Des Moines, Iowa. 12 Q Okay. I'm going to direct your attention now to 13 tab No. 10. And we're going to mark this whole -- so 14 we're going to mark the first three pages of this tab as 15 the next exhibit. 16 (Exhibit No. R marked for identification and 17 retained by counsel.) 18 BY MR. NOCOS: 19 Q So pages 922, 923 and 924 will make up 20 Exhibit R. 21 A Yes, sir. 22 Q Okay. Have you seen this document prior to 23 today? 24 A Yes, sir, I have. 25 Q Okay. When was the last time you saw this 209 1 document? 2 A Yesterday. 3 Q Yesterday? 4 A Yes, sir. 5 Q Okay. Have you at any time before yesterday? 6 A Yes, sir. 7 Q Okay. Do you know when before yesterday? 8 A I don't recall a particular date. 9 Q Okay. And is this a document that was generated 10 or produced to Mr. Noble? 11 A Yes, sir, it is. 12 Q And did you produce this document? 13 A Yes, sir, I did. 14 Q When did you receive this -- where did you 15 obtain this document? 16 A Microfiche. 17 Q Is that another program or department within 18 Wells Fargo? 19 A It's a department that microfiches all of the 20 documents that are no longer on the system. 21 Q Okay. The very old, very old documents? 22 A Yes, sir. 23 Q Okay. And is that something that you, yourself, 24 looked over or looked through in the microfiche 25 department? 210 1 A I looked at it once I received it from 2 microfiche, if that's what you mean. 3 Q Did you make a request from that department to 4 provide this document? 5 A Yes, sir, I did. 6 Q What was the nature of your request? 7 A So that I could review the payment history of 8 the loan. 9 Q Okay. And is this payment history regarding the 10 ASC loan servicing? 11 A This is actually New Century Mortgage Payment 12 History. 13 Q Okay. And when did you -- did you receive this? 14 You said you received this document before. Does that 15 mean that it was received by you from the microfiche 16 department prior to two days ago? 17 A Yes, sir. 18 Q Or yesterday? 19 A Yes, sir. 20 Q Okay. Do you know when you actually received 21 this document? 22 A I can't recall. 23 Q Okay. 24 A I'm sure several months ago. 25 Q Okay. Can you walk me through the document? Do 211 1 you have an understanding as to what these headings 2 mean? 3 A As it's New Century Mortgage Payment History, I 4 can do my best. 5 Q Okay. The one in the lower -- the first column 6 on the left side, there appears to be a heading right 7 after Borrower, Primary. Is says A-c-c-t N-u-m. Do you 8 know what that mean? 9 A Account number. 10 Q Is that an ASC loan number or is that a old 11 New Century loan number? 12 A That's a New Century loan number. 13 Q Okay. Is that the same as the ASC loan number 14 for this file? 15 A No, sir. 16 Q Okay. Now, what does "TRAN date" mean? 17 A Transaction date. 18 Q And what is that transaction date? 19 A The date of the transaction. 20 Q Do you know what that transaction is? 21 A In which particular instance? There are 22 several. 23 Q Well, for this particular 11/7/05 date. 24 A 11/17/05? 25 Q Yes. Sorry. 11/17/05. 212 1 A That appears to be when the information was 2 first populated with regards to the loan. 3 Q Okay. Now I'm going to direct your attention 4 to page 924. 5 A Yes, sir. 6 Q There's an entry that says 04/06/06. 7 A I'm sorry, what was the entry date again? 8 Q 04/06/06. 9 A Yes, sir. 10 Q Okay. And then there's a set of characters, 11 characters D and M; is that correct? 12 A That is correct. 13 Q Do you recognize those letters? 14 A I don't have an indication as to what those are. 15 Q Okay. What about right below that, "NT," do you 16 know what that means? 17 A No, sir, I do not. 18 Q Okay. On the same row as where NT is located, 19 there is a sentence that says, "Good-bye letter mailed out 20 on 04-04-06." Is that correct? 21 A That is correct, sir. 22 Q Do you know what that means? 23 A Yes, sir. 24 Q Okay. What does it mean by a "letter"? 25 A When New Century is notifying the borrower that 213 1 they are no longer accepting the payments on the loan, 2 that it is now being serviced by somebody else. 3 Q Okay. And does it indicate here whether the 4 servicing was done or was transferred to another servicing 5 company? 6 A No, sir, not in that entry. 7 Q Do you have, do you know, to your knowledge, do 8 you know why this good-bye letter was mailed out and why 9 New Century no longer serviced this loan? 10 A It was service-transfer released. I do not have 11 any other information. And can I ask for a pause for just 12 a moment to close the blind? Because the sun has shifted 13 here. 14 Q Sure. Okay. 15 A And I can't seen the screen any longer. 16 Thank you. 17 Q I'm now going to direct you to tab No. 23. 18 A Yes, sir. 19 MR. NOCOS: Okay. Before I actually talk about 20 that, did we mark the last document as an exhibit? 21 (Exhibit No. S marked for identification and 22 retained by counsel.) 23 THE WITNESS: All right, sir. I'm there. 24 Okay. 25 BY MR. NOCOS: 214 1 Q So can you read what's written to the right-hand 2 side in the middle that's all caps in bold? 3 A First Supplemental Responses of America's 4 Servicing Company to Requests for Production of Documents, 5 Set 2. 6 Q Okay. Do you remember -- have you seen this 7 document prior to today? 8 A Yes, sir, I have. 9 Q And you've seen the attachment, or the other 10 pages to that document? 11 A Yes, sir. 12 Q Okay. And on page 1, it says in your response 13 to the request for production No. 10, "Does the document 14 stamp CROM 000937-000954 show payments remitted for 15 America's Servicing Company to Deutsche Bank for the 16 subject loan?" Is that correct? 17 A That is correct, sir. 18 Q Okay. And what is your basis for your knowledge 19 in response? 20 A Review of the payment history. 21 Q Okay. Can I direct you to the first page that 22 has the mark ROM 000937 at the right side, the lower 23 right-hand side -- I'm sorry -- lower left-hand side of 24 the document, 000937. I have it in a portrait 25 orientation. Am I losing you? 215 1 A Yes. What tab is that under? I'm sorry. 2 Q The same tab that we just reviewed, the tab 3 23? 4 A 23. I'm sorry, sir. Hold on, please. 5 Q Yeah. 6 A All righty. I'm there. 7 Q Okay. So the third -- or the fourth page, the 8 fourth page under that tab appears to be a spreadsheet; is 9 that correct? 10 A That is correct. 11 Q Okay. And in the lower left-hand side, it bears 12 the mark ROM 000937? 13 A That is correct. 14 Q Okay. And if you go to the end of the tab, the 15 last page is 000954; is that correct? 16 A That is correct, sir. 17 Q Okay. Then is this accurate, then, that these 18 pages, 937 to 954, show the payments remitted from 19 America's Servicing Company to Deutsche Bank for the 20 subject loan? 21 A That is correct. 22 Q Okay. And where did you get this information? 23 A I think it was Paula Pellicott, but I cannot be 24 for sure. It could have been Paula or it could have been 25 Stephanie Schaffer. 216 1 Q Okay. Where's Paula? What department is Paula 2 in? 3 A I want to say Client Services, but I cannot 4 recall. I believe it is Client Services. 5 Q All right. I just have a couple more questions. 6 Just going back to your educational background, 7 you received your bachelor's degree in paralegal studies 8 in 2010? 9 A That is correct. 10 Q What courses did you take in, you know, to 11 obtain that degree? 12 A Oh, goodness. 13 Q That you can recall. 14 MR. NOBLE: Too many. 15 THE WITNESS: Too many. Yes, sir. 16 BY MR. NOCOS: 17 Q Did you take any contract law courses? 18 A I took what they classified as Business Law 1 19 and Business Law 2. 20 Q And what did you study when you studied Business 21 Law 1 and Business Law 2? 22 A General contracts. 23 Q Okay. 24 A Offer acceptance. The usual. Oh, goodness. 25 What else. I took contract law back in ... 1994, perhaps, 217 1 1995, somewhere around that time frame. 2 Q Yeah, and I think she's in that time frame. 3 Did you take any property courses? 4 A No, sir. 5 MR. NOCOS: Okay. All right. I think that's 6 all I have, and I really appreciate your time. 7 Any questions, Andrew? 8 MR. NOBLE: Nothing for me. 9 (Signature having been waived, the Video 10 Teleconference Deposition of Cindy Shanabrook was 11 concluded at 7:50 p.m. 12 (Signature having been waived, the Video 13 Teleconference Deposition of Cindy Shanabrook was 14 concluded at 7:50 p.m.) 15 16 17 18 19 20 21 22 23 24 25 218 1 CERTIFICATE OF SHORTHAND REPORTER - NOTARY PUBLIC 2 I, Susan B. Fillmore, Registered Professional 3 Reporter, the officer before whom the foregoing 4 proceedings were taken, do hereby certify that the 5 foregoing transcript is a true and correct record of the 6 proceedings; that said proceedings were taken by me 7 stenographically and thereafter reduced to typewriting 8 under my supervision; and that I am neither counsel for, 9 related to, nor employed by any of the parties to this 10 case and have no interest, financial or otherwise, in its 11 outcome. 12 IN WITNESS WHEREOF, I have hereunto set my hand 13 and affixed my notarial seal this 31st day of May, 2010. 14 My commission expires: November 1, 2010 15 16 17 18 NOTARY PUBLIC IN AND FOR 19 THE STATE OF MARYLAND 20 21 22 23 24 25