0001 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE MIDDLE DISTRICT OF ALABAMA 3 EASTERN DIVISION 4 5 EDWARD H. ALEWINE, 6 SHELLY M. ALEWINE, 7 Plaintiff, 8 9 vs. CIVIL ACTION #: 3:06cv886-MHT 10 11 AMERICA'S SERVICING COMPANY, 12 Defendant. 13 14 15 VIDEOTAPED 16 DEPOSITION OF CINDY SHANABROOK 17 18 The Videotaped Deposition of CINDY 19 SHANABROOK was taken before Lori E. 20 Defnall, on Tuesday, July 10, 2007, at 21 the Offices of Baker, Donelson, Bearman, 22 Caldwell & Berkowitz, Birmingham, 23 Alabama, commencing at 9:57 a.m., 24 pursuant to the stipulations set forth 25 herein: 0002 1 A P P E A R A N C E S 2 3 APPEARING FOR THE PLAINTIFF: 4 WOOTEN LAW FIRM, P.C. BY: Mr. Nicholas H. Wooten 5 10 2nd Avenue South East Lafayette, Alabama 36862 6 7 8 APPEARING FOR THE DEFENDANT: 9 BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. 10 BY: Mr. Keith Andress 420 North 20th Street, Suite 1600 11 Birmingham, Alabama 35203 12 VIDEOGRAPHER: 13 ALABAMA VIDEO PRODUCTIONS 14 BY: Mr. Wyman Higgins 15 16 ALSO PRESENT: 17 Beverly DeCaro with Wells Fargo 18 19 20 21 22 Reported by: 23 Lori E. Defnall 24 25 0003 1 I N D E X 2 EXAMINATION OF CINDY SHANABROOK 3 4 EXAMINATION BY: PAGE NUMBER 5 Mr. Wooten.......................7,70,72 6 Mr. Andress......................68,71 7 8 9 10 E X H I B I T S 11 Plaintiff's Exhibit 1............28 12 Plaintiff's Exhibit 2............30 13 Plaintiff's Exhibit 3............33 14 Plaintiff's Exhibit 4............44 15 Plaintiff's Exhibit 5............51 16 Plaintiff's Exhibit 6............51 17 Plaintiff's Exhibit 7............52 18 Plaintiff's Exhibit 8............57 19 Plaintiff's Exhibit 9............58 20 Plaintiff's Exhibit 10...........62 21 Plaintiff's Exhibit 11...........66 22 23 24 Reporter's Certificate...........74 25 Word Index.......................75 0004 1 S T I P U L A T I O N S 2 3 IT IS STIPULATED AND AGREED by and 4 between the parties through their 5 respective counsel, that the deposition 6 of CINDY SHANABROOK to be taken before 7 LORI E. DEFNALL, State of Alabama at 8 Large at the Offices of Baker, 9 Donelson, Bearman, Caldwell & 10 Berkowitz, Birmingham, Alabama on 11 Tuesday, July 10, 2007. 12 13 IT IS FURTHER STIPULATED AND AGREED 14 that the signature to and the reading 15 of the deposition by the witness is 16 waived, the deposition to have the same 17 force and effect as if full compliance 18 had been with all laws and rules of 19 Court relating to the taking of 20 depositions. 21 22 IT IS FURTHER STIPULATED AND AGREED 23 that is shall not be necessary for any 24 objections to be made by counsel to any 25 questions, except as to the form or 0005 1 leading questions, and that counsel for 2 the parties may make objections and 3 assign grounds at the time of the 4 trial, or at the time said deposition 5 is offered in evidence, or prior 6 thereto. 7 8 IT IS FURTHER STIPULATED AND AGREED 9 that notice of filing of the deposition 10 by the Commissioner is waived. 11 12 13 14 * * * * * 15 16 17 18 19 20 21 22 23 24 25 0006 1 VIDEOGRAPHER: We're on the 2 record. Today's date is July the 10th, 3 2007. The time is approximately ten 4 o'clock a.m., central daylight time. We 5 now commence tape number one for the 6 videotaped deposition of Cindy 7 Shanabrook, in the matter of Edward H. 8 Alewine, and Sherry (sic) M. Alewine, 9 verses America's Services Company. Case 10 Number 3:06cv886-MHT, filed in the 11 United States District Court for the 12 Middle District of Alabama Eastern 13 Division. We're located at the law firm 14 of Baker, Donelson, Bearman, Caldwell & 15 Berkowitz, at 420 North 20th Street, 16 Suite 1600, Birmingham, Alabama. The 17 court reporter is Lori Defnall. The 18 videographer is Wyman Higgins. The 19 witness will now be sworn in by the 20 court reporter, and then the attorneys 21 may introduce themselves and begin. We 22 also have a person sitting in, Beverly 23 DeCaro. You may swear the witness. 24 25 0007 1 CINDY SHANABROOK, 2 after having been first duly sworn under 3 oath, was examined and testified as 4 follows: 5 6 COURT REPORTER: Would 7 you like the usual 8 stipulations? 9 MR. WOOTEN: Yes. 10 MR. ANDRESS: Yes. 11 12 MR. WOOTEN: I'm Nick 13 Wooten, and I represent the 14 Plaintiffs. 15 MR. ANDRESS: I'm Keith 16 Andress, and I represent ASC. 17 18 EXAMINATION BY MR. 19 WOOTEN: 20 Q. Ma'am, if you would, state your 21 full name for the record, please. 22 A. Cindy Theresa Shanabrook. 23 Q. And I assume this is not your 24 first deposition? 25 A. No, sir. It is my first 0008 1 deposition. 2 Q. This is your first deposition? 3 A. Yes, sir. 4 Q. All right. The deposition is a 5 chance for the parties to gather evidence 6 in the form of a written communication. 7 So, the way this is going to work is, I'm 8 going to ask you a question, and then I'm 9 going to allow you to give me an answer, 10 okay? 11 A. Yes, sir. 12 Q. Generally, for the court 13 reporter's sake, it's helpful if we don't 14 speak over each other. And it's helpful 15 if your answer is a yes or a no, rather 16 than, in this part of the world, we get a 17 lot of uh-huh's and the huh-uh's. Are you 18 have any questions about this before we 19 begin? 20 A. No, sir. 21 Q. Ms. Shanabrook, where do you 22 currently reside? 23 A. Frederick, Maryland. 24 Q. Okay. And what is your 25 physical address there? 0009 1 A. 5252 Earl's Court, Frederick, 2 Maryland 21703. 3 Q. Okay. And what is your date of 4 birth, ma'am? 5 A. August 30th, 1963. 6 Q. All right. And how are you 7 presently employed? 8 A. I'm a litigation specialist 9 with Wells Fargo. 10 Q. And how long have you had that 11 position? 12 A. Since March 26th, 2007. 13 Q. What is the job of a litigation 14 specialist at Wells Fargo? 15 A. To monitor the loans when they 16 are in litigation, to refer the loans to 17 the attorneys for the cases to be worked, 18 and to provide them information. 19 Q. And prior to becoming a 20 litigation specialist, what was your -- 21 how were you employed? 22 A. I was a senior bankruptcy 23 paralegal with Bierman, Geesing & Ward in 24 Bethesda, Maryland, for a little over five 25 years. 0010 1 Q. And what was the name of that 2 firm? 3 A. Bierman, Geesing & Ward. 4 Q. Okay. And did you work 5 primarily in the area of creditor's 6 rights? 7 A. Yes, I did. 8 Q. So y'all represented banks and 9 finance companies, and those type of 10 people, against consumers? 11 A. Yes, sir. 12 Q. Okay. And what your goal in 13 those situations would have been, would be 14 to try to collect the debts that were 15 owed, even for the people that had filed 16 bankruptcy, right? 17 A. We would monitor the loans for 18 compliance and receive referrals from the 19 mortgage companies, in order to file any 20 motions or -- motions for relief, proof of 21 claim. 22 Q. Okay. And you worked 23 exclusively for creditors? 24 A. Yes, sir. 25 Q. Did you work for Wells Fargo, 0011 1 in that capacity? 2 A. No, sir. 3 Q. Okay. Is it your testimony 4 that you left that position and went 5 directly to Wells Fargo as a litigation 6 specialist? 7 A. Yes, sir. 8 Q. Okay. When did your employment 9 begin as a paralegal? 10 A. In 1997. 11 Q. Okay. You said you worked the 12 job, before Wells Fargo, for approximately 13 five years? 14 A. Yes, sir, I did. 15 Q. Okay. Where did you work 16 before that job? 17 A. I worked for Joel Carpenter, an 18 attorney in Baltimore. 19 Q. Okay. And what did your work 20 for Mr. Carpenter involve? 21 A. I was a paralegal and a 22 receptionist. He was the sole 23 practitioner. 24 Q. Okay. Was his practice focused 25 in any specific area, or was he a general 0012 1 practitioner? 2 A. General practitioner, sir. 3 Q. Okay. And how long -- what 4 were the dates of your employment with Mr. 5 Carpenter? 6 A. April of 1997, until April of 7 1998. 8 Q. And then you left that position 9 to take the position with the other law 10 firm? 11 A. No, sir. 12 Q. Okay. Let's start with the 13 firm you were working for immediately 14 before Wells Fargo. 15 A. Yes, sir. 16 Q. Tell me their name again. 17 A. Bierman, Geesing & Ward. 18 Q. Be all right if I called them 19 Bierman? 20 A. Yes, sir. 21 Q. Who did you work for before 22 Bierman? 23 A. Ocwen Federal Bank. 24 Q. Ocwen? Does Ocwen have any 25 relationship to Wells Fargo? 0013 1 A. No, sir. 2 Q. Okay. What did you do for 3 Ocwen? 4 A. I was a bankruptcy paralegal. 5 Q. And what were your dates of 6 employment with Ocwen? 7 A. Approximately, February of 8 2001, until two thousand -- February of 9 2002. 10 Q. Immediately prior to Ocwen, who 11 did you work for? 12 A. Maryland State Highway. 13 Q. What was your position with 14 them? 15 A. I was a Administrative 16 Assistant II, and co-coordinator of the 17 Maryland Trac Program. 18 Q. I'm sorry, the Maryland what? 19 A. Trac Program, T-R-A-C. 20 Q. Okay. And what was that? 21 A. It's an organization within 22 state highway, which is an outreach 23 program for Baltimore City youth, in order 24 to get them interested in engineering. 25 Q. All right. What were the dates 0014 1 of that employment? 2 A. Approximately, September of 3 '98, until, approximately, September of 4 2000. 5 Q. And prior to Maryland State 6 Highway, where did you work? 7 A. I was unemployed. 8 Q. Okay. And was that the period 9 of time between when you left 10 Mr. Carpenter and when you went to work 11 for Maryland State Highway? 12 A. Yes, sir. 13 Q. Okay. What were the dates of 14 your employment with Bierman? 15 A. From February of 2002 -- I'm 16 sorry, March of 2002, until March of 2007. 17 Q. Okay. And you went directly 18 from their employment to Wells Fargo? 19 A. Yes, sir, I did. 20 Q. Have you ever been a plaintiff 21 in a lawsuit? 22 A. No, sir. 23 Q. Have you ever been sued, 24 individually? 25 A. No, sir. 0015 1 Q. Have you personally ever filed 2 bankruptcy or Chapter 13? 3 A. No, sir. 4 Q. Have you ever been convicted of 5 any felony? 6 A. No, sir. 7 Q. Have you ever been convicted of 8 any species of theft, that was not a 9 felony? 10 A. No, sir. 11 Q. And your testimony is that this 12 is the first time, ever, that you've given 13 a deposition? 14 A. Yes, sir. 15 Q. Is that normally part of the 16 job respirabilities of a litigation 17 specialist? 18 A. Yes, sir. 19 Q. It's my understanding that you 20 reviewed and answered interrogatories that 21 I propounded in this lawsuit; is that 22 correct? 23 A. Yes, sir. 24 Q. Interrogatory number two said, 25 "please state the name of the person most 0016 1 knowledgeable concerning this defendant's 2 policies and procedures for servicing 3 mortgages." Are you the person at Wells 4 Fargo who is most knowledgeable concerning 5 your defendant's policies and procedures 6 for servicing mortgages? 7 A. No, sir. 8 Q. No? In fact, you've been 9 employed there for less than four months, 10 right? 11 A. Correct. 12 Q. And you have no experience with 13 the policies and procedures with servicing 14 mortgages? 15 A. No, sir. 16 Q. Okay. Have you had any 17 training from Wells Fargo, regarding Wells 18 Fargo's policies and procedures for 19 servicing mortgages? 20 A. Yes, sir, I have. 21 Q. Okay. Is that part of your 22 initial training for becoming a litigation 23 specialist? 24 A. Yes, sir, it is. 25 Q. Is that your only training in 0017 1 servicing mortgages at Wells Fargo? 2 A. Yes, sir, it is. 3 Q. And how much training did you 4 receive? 5 A. Approximately, 30 days. 6 Q. Okay. Was that prior to 7 actually beginning to work as a litigation 8 specialist and handling files? 9 A. Yes, sir. 10 Q. Now, was that classroom 11 training? 12 A. Yes, sir. 13 Q. Did you receive a manual for 14 that? 15 A. Yes, sir. 16 Q. A handbook of some type? 17 A. No, sir. 18 Q. Was it like a three-ring 19 binder? 20 A. No, sir. 21 Q. Okay. Describe the manual that 22 you received. 23 A. It's a manual that is contained 24 within our internet. 25 Q. So it's web based? 0018 1 A. Yes, sir, it is. 2 Q. So it's available to anyone who 3 has access to your corporate web? 4 A. Yes, sir. 5 Q. And that's how you received 6 your training at Wells Fargo? 7 A. Yes, sir. 8 Q. Do these policies and 9 procedures govern how America's Servicing 10 Company responds to customer inquiries and 11 forms of qualified written requests? 12 A. Yes, sir. 13 Q. Okay. Does this manual 14 describe and control how payments are 15 credited to customer's mortgage accounts? 16 A. No, sir. 17 Q. How is that controlled? 18 A. That is -- I'm not quite sure I 19 understand the question. 20 Q. Okay. Let me rephrase the 21 question. You said that Wells Fargo -- 22 let me back up a little bit further, and 23 we'll come back to that. What is 24 relationship between Wells Fargo and 25 America's Servicing Company? 0019 1 A. America's Service Company is a 2 fictitious name for Wells Fargo. 3 Q. Is that what -- when you say 4 fictitious, would you consider that a 5 trade name? 6 A. Yes, sir, it's a trade name. 7 Q. So there is no separate entity, 8 there is no legal entity, no other 9 corporation, called America's Servicing 10 Company? 11 A. No, sir. 12 Q. So, America's Servicing Company 13 is Wells Fargo? 14 A. Yes, sir. 15 Q. It is, for lack of a better 16 term, an alter ego? 17 A. Yes, sir. 18 Q. Is it a unified or separated 19 subdivision of Wells Fargo? 20 A. I don't know. 21 MR. ANDRESS: Mr. Wooten, we 22 disclosed all this in the corporate 23 disclosures. And just to keep the 24 testimony completely accurate. 25 Q. Okay. As to your policies and 0020 1 procedures, are there policies and 2 procedures on this corporate web, that 3 dictate how payments are applied, to a 4 mortgage account by Wells Fargo? 5 A. I don't know. 6 Q. Do not know? 7 A. No, sir. 8 Q. Do employees of Wells Fargo 9 have the capacity to print off portions of 10 this policy and procedures manual, as web 11 based, for review? 12 A. Yes, sir. 13 Q. Could you print off the whole 14 policies and procedures manual? 15 A. Yes, sir. 16 Q. About how long is that policy 17 and procedures manual? 18 A. Several inches thick. 19 Q. Okay. Does that policies and 20 procedures manual have a name? 21 A. I don't know. 22 Q. Does it have any type of 23 special designation within Wells Fargo? 24 A. I don't know. 25 Q. Did your training program have 0021 1 a specific name? 2 A. Yes, sir. 3 Q. What was it? 4 A. ALEX. 5 Q. And what does ALEX stand for? 6 A. I don't recall. 7 Q. And is that spelled A-L-E-X? 8 A. Yes, sir. 9 Q. Okay. And that is a litigation 10 specialist training program? 11 A. No, sir. 12 Q. Okay. What is that; what is 13 ALEX? 14 A. Wells Fargo employee training 15 program. 16 Q. Okay. So this is what every 17 person at Wells Fargo takes as training on 18 mortgage servicing? 19 A. Yes, sir. 20 Q. Okay. And that is irrespective 21 of what department that they work in, as 22 long as they work with mortgage servicing? 23 A. Yes, sir. 24 Q. Who would be the person at 25 Wells Fargo most knowledgeable of the ALEX 0022 1 system? 2 A. I don't know. 3 Q. Did you have a trainer or a 4 director of training at Wells Fargo? 5 A. My supervisor. 6 Q. And who is that? 7 A. Marc Kline. 8 Q. How do you spell Marc's name? 9 A. M-A-R-C. Kline, K-L-I-N-E. 10 Q. All right. And I think the 11 last time I saw Marc's name, he was a 12 senior litigation specialist? 13 A. He's now my supervisor. 14 Q. Okay. So now he is a 15 supervisor? And is that within the 16 litigation specialist department? 17 A. Yes, sir, it is. 18 Q. So what is his full title 19 today? 20 A. Litigation supervisor. 21 Q. After your initial training, 22 did you receive any additional training on 23 this program? 24 A. On which program? 25 Q. On ALEX? 0023 1 A. No, sir. 2 Q. After the ALEX training, did 3 you receive any other type of training of 4 any type? 5 A. Yes, sir. 6 Q. Okay. Explain what training 7 you received beyond ALEX. 8 A. Training within the database 9 system. 10 Q. All right. Let me ask you 11 this: Does the database system have a 12 name? 13 A. Yes, sir. 14 Q. What is the name of the 15 database system? 16 A. Fidelity. 17 Q. Does Fidelity stand for 18 anything? 19 A. No, sir. 20 Q. What is the job of Fidelity? 21 A. It contains the information on 22 the loan. 23 Q. Does it contain all of the loan 24 information? 25 A. Yes, sir. 0024 1 Q. All payment histories? 2 A. Yes, sir. 3 Q. All internal codes? 4 A. Yes, sir. 5 Q. All notes regarding 6 communications with debtors? 7 A. Yes, sir. 8 Q. Does it contain any audio 9 recordings of conversations with debtors? 10 A. No, sir. 11 Q. Is there a separate system 12 which does that? 13 A. Yes, sir. 14 Q. What is the name of that 15 system? 16 A. I do not know. 17 Q. Okay. Have you ever used that 18 system before? 19 A. No, sir. 20 Q. How is that system 21 differentiated between ALEX and Fidelity? 22 A. ALEX is a training system. 23 Fidelity is the database system, which 24 contains the loan information. 25 Q. How do you operate the 0025 1 recording system? 2 A. I don't have that information. 3 Q. Is that something that is 4 computer based? 5 A. I don't know. 6 Q. Who would be the person most 7 knowledge about the recording system? 8 A. I don't know. 9 Q. You don't know the name of the 10 recording system? 11 A. No, sir. 12 Q. Would it possibly be called the 13 One Hundred Percent Monitoring System? 14 A. I don't know. 15 Q. Have you ever heard of the term 16 One Hundred Percent Monitoring? 17 A. No, sir. 18 Q. I'm going to show you, but I'm 19 not going to mark this as an exhibit. 20 That was my second interrogatories in 21 request for production. The first 22 question is number 22. It ask a question 23 about the One Hundred Percent Monitoring 24 System. Now you signed the answer to 25 those interrogatories, correct? 0026 1 A. Yes, sir. 2 Q. Did you provide that 3 information to your attorney? 4 A. (Witness reviewing document.) 5 Yes, sir. 6 Q. Okay. And what is your answer 7 to question number 22? 8 A. "Defendant has the capability 9 to record certain telephone conversations 10 with it's customers. This ability is 11 disclosed to customers at the outset of 12 the conversation." 13 Q. So, how do you determine what 14 recordings you might have of any 15 conversations with my clients, Edward and 16 Shelly Alewine? 17 A. I'm sorry, could you repeat 18 that? 19 Q. How do you determine what 20 conversations and recordings you might 21 have of any conversations with my clients, 22 Edward and Shelly Alewine? 23 A. I don't know. 24 Q. Who is the person at Wells 25 Fargo who would be most knowledgeable 0027 1 about determining that information? 2 A. I don't know. 3 Q. Do you have a director of 4 technology, or information technology, at 5 Wells Fargo? 6 A. I don't have that information. 7 Q. You have a vice president of 8 technology, or information technology, at 9 Wells Fargo? 10 A. I don't know. 11 Q. Who would be a person who would 12 know that information? 13 A. Possibly, my supervisor. 14 Q. Mr. Kline? 15 A. Yes, sir. 16 Q. Okay. Does Wells Fargo 17 maintain a separate computer base system 18 for collections? 19 A. No, sir. 20 Q. Is that all handled through 21 Fidelity? 22 A. Yes, sir. 23 Q. Would Fidelity have a record of 24 every call or correspondence, made to my 25 clients, in this case? 0028 1 A. Yes, sir. 2 Q. Okay. Would Fidelity have any 3 records indicating whether or not a 4 recording was made of any of those 5 conversations? 6 A. I don't know. 7 Q. I'm going to mark a cumulative 8 exhibit as Number One. 9 10 (Whereupon, Plaintiff's Exhibit 11 Number One was marked for 12 identification.) 13 14 And I'll represent to you it is 15 a copy of a qualified written 16 request that I mailed to America's 17 Servicing Company on October 3rd, 18 2005. And it includes several pages 19 of attachments, including a letter 20 from ASC to my clients. As well as 21 several pages of insurance 22 declarations. As well as several 23 pages of property tax payment 24 receipts. As well as two copies of 25 mortgage statements from ASC. And 0029 1 all of those are numbered. And the 2 document itself reflects what those 3 numbers represent. I'm going to ask 4 you to take a look at that, please. 5 A. Yes, sir. (Witness reviewing 6 document.) Yes, sir. 7 Q. Prior to preparing for this 8 deposition, have you seen that document 9 before? 10 A. No, sir. 11 Q. Okay. So what you know about 12 that document is from your preparation to 13 testify today? 14 A. Yes, sir. 15 Q. Is it Wells Fargo's position 16 that they did not receive that document? 17 A. No, sir. 18 Q. When did Wells Fargo receive 19 that document? 20 A. Approximately, the time period 21 after the date of the letter. 22 Q. So Wells Fargo received that 23 document in October of 2005, correct? 24 A. Yes, sir. 25 Q. What is Wells Fargo's 0030 1 responsibility, under the Real Estate 2 Settlement and Procedures Act, to respond 3 to a qualified written request? 4 A. To respond within 20 days. 5 Q. Okay. Is it Wells Fargo's 6 position that they responded within 20 7 days in this case? 8 A. No, sir. 9 Q. Okay. When did Wells Fargo 10 first respond to that document? 11 A. Approximately, August of 2006. 12 Q. Okay. I'm going to show you a 13 document that was produced by your 14 attorney as part of this litigation. It's 15 numbered ASC 261, Bate stamp. 16 A. Yes, sir. 17 Q. I've marked it as Exhibit Two 18 to this case. 19 20 (Whereupon, Plaintiff's Exhibit 21 Number Two was marked for 22 identification.) 23 24 Ask you, is that in fact an 25 internal document generated by Wells 0031 1 Fargo? 2 A. (Witness reviewing document.) 3 Yes, sir. 4 Q. And is that the document from 5 the Fidelity database? 6 A. Yes, sir. 7 Q. All right. Now, does that 8 document indicate that Wells Fargo 9 received my qualified written request on 10 behalf of my clients, on or about October 11 17th of 2005? 12 A. No, sir. 13 MR. ANDRESS: What number is 14 this? 15 Q. 261. 16 A. (Witness reviewing document.) 17 Oh. Yes, sir. 18 Q. It does? 19 A. Yes, sir. 20 Q. On that page, there is entry on 21 July 20th of 2006, it appears, what does 22 the designation -- let me show you what 23 entry I'm referring to. This letter 24 (indicating), that identifies when the 25 letter was imaged. What does the initials 0032 1 or letters SER stand for, on that page? 2 A. (Witness reviewing document.) 3 That's customer service. 4 Q. Okay. So does that designate 5 the department who would have been making 6 this entry? 7 A. Yes, sir. 8 Q. Okay. And what do the letters 9 ENW stand for? 10 A. That is the person that made 11 the entry. 12 Q. Okay. So that would have been 13 the employee who made the entry? 14 A. Yes, sir. 15 Q. And I'm assuming that Wells 16 Fargo could identify that person by those 17 initials? 18 A. Yes, sir. 19 Q. Okay. Now, that actual entry 20 reads, "pending correspondence research 21 regarding: Received letter forwarded from 22 DOS." Who is that? 23 A. That is our department. 24 Q. Okay. 25 A. Default servicing. 0033 1 Q. Okay. "Regarding QWR, dated 2 10/3/05. It was imaged on 10/17/05 but 3 appears was not addressed. Sent BWU 4 letter." Is that the -- explain what that 5 is. 6 A. I don't know what the BWU 7 stands for. 8 Q. Let me show you the document 9 that I'm going to mark as Exhibit Three to 10 this deposition. 11 12 (Whereupon, Plaintiff's Exhibit 13 Number Three was marked for 14 identification.) 15 16 MR. ANDRESS: Is ASC 261 17 Exhibit Two? 18 Q. It is two? I'm going to ask 19 you if you've ever seen that document 20 before? 21 A. (Witness reviewing document.) 22 No, sir. 23 MR. ANDRESS: Do you have 24 copies for me? 25 Q. No. I only made one copy to 0034 1 mark. I've got my originals. These are 2 the ones you produced, I think. Or are 3 those the ones that's y'all sent -- okay. 4 That's the one you sent to me. Does that 5 appear to be the letter referred to in 6 this entry on ASC 261 or Exhibit Two? 7 A. Yes, sir. 8 Q. Okay. And it bears the same 9 date as this entry? 10 A. Yes, sir, it does. 11 Q. Okay. Now, off to the right of 12 that entry, there are a series of letters, 13 PENCOR. What do those letters mean? 14 A. I don't know. 15 Q. Okay. So you don't have any 16 idea what that entry is for? 17 A. No, sir. 18 Q. Okay. On this -- back to this 19 document, onto the right side -- the left 20 side, where it has these three letter 21 designations. At the top of that page it 22 says HAZ. What department is that? 23 A. That's hazard insurance. 24 Q. Okay. And what -- can you 25 explain that entry, that continues to the 0035 1 right, this the hazard entry, what are 2 those -- is BJV the initials of the 3 operator again? 4 A. Yes, sir, they are. 5 Q. Okay. Now, what do the actual 6 entries, there, in those terms, what do 7 they stand for? 8 A. (Witness reviewing document.) 9 I don't know. 10 Q. Okay. So it says ID 3011291. 11 You don't know what that means? 12 A. No, sir. 13 Q. And then it says DOC ID 7. You 14 don't know what that stands for? 15 A. No, sir, I don't. 16 Q. And HIPC, you don't know what 17 that stands for? 18 A. No, sir. 19 Q. Down below the servicing 20 entries, it has some entries that say COL. 21 I'm assuming that's collections? 22 A. Yes, sir. 23 Q. Okay. And that is where folks 24 from Wells Fargo collection department are 25 trying to contact, or are contacting my 0036 1 clients, correct? 2 A. Yes, sir. 3 Q. Okay. And so, each of those 4 entries, the numeric entries beside 5 collection, that would be the date? 6 A. Yes, sir. 7 Q. Okay. And then, these next 8 entries that are three letters, in some 9 instances, would that be employees again? 10 A. No, sir. 11 Q. Okay. What is DVX? 12 A. That is the dialing system. 13 It's an automated system. 14 Q. What's commonly referred to as 15 a roto dialer, an auto dialer? 16 A. Yes, sir. 17 Q. Okay. So that is something 18 that y'all do, just to see if someone's 19 home, and it transfers to a live person, 20 or leaves a message? 21 A. It'll leave a message. 22 Q. Okay. The second collection 23 entry from the top, that is 7/11/06, it 24 does not have any initials. It says Score 25 007. And then it has a series of numbers, 0037 1 07/11/06, which I assume is the date; does 2 that look right to you? 3 A. Yes, sir. 4 Q. What does Score 7 mean? 5 A. I don't know. 6 Q. Then it has the letters AGT 7 E16S Days DEL 012 Risk E. Do you know 8 what any of that means? 9 A. No, sir, I do not. 10 Q. Did you receive any training on 11 collections as part of your training as a 12 litigation specialist? 13 A. No, sir. 14 Q. Who is the person who is in 15 charge of collections for Wells Fargo? 16 A. I don't know. 17 Q. Down at the next to last entry 18 on that page, the initials there are VKS. 19 Is that an employee or is that some other 20 designation? 21 A. I don't know. 22 Q. Okay. And then the last entry 23 has D in parenthesis. Do you know what 24 that designation means? 25 A. No, sir, I do not. 0038 1 Q. Is there any document that 2 explains what these entries mean, that is 3 owned by Wells Fargo, or controlled by 4 Wells Fargo? 5 A. In the collections training 6 manual. 7 Q. Okay. Let's talk about that. 8 Is the collections training manual web 9 based? 10 A. Yes, sir. 11 Q. Is it printable? 12 A. Yes, sir. 13 Q. Does it have a name? 14 A. Not that I'm aware of. 15 Q. Is there a supervisor of the 16 collections department who you work with 17 on a regular basis? 18 A. No, sir. 19 Q. I'm going to take a brief side 20 track. Explain to me the set up, or the 21 floor plan, of the building where you 22 work? 23 A. Okay. 24 Q. All right. Tell me, is it a 25 multi-story building? 0039 1 A. Two story. 2 Q. Two story? 3 A. (Witness nods head.) 4 Q. Approximately, how many people 5 work on each story? 6 A. Several hundred. 7 Q. Several hundred? Okay. Are 8 the floors divided into departments? 9 A. Yes, sir, they are. 10 Q. Okay. So the litigation 11 specialist department, you have your own 12 area? 13 A. Yes, sir. 14 Q. Okay. And collections has 15 their own area? 16 A. Yes, sir. 17 Q. Servicing has their own area? 18 A. Yes, sir. 19 Q. And hazard has their own area? 20 A. Yes, sir. 21 Q. What other areas are their 22 within that department? 23 A. REO department. 24 Q. All right. Explain what REO 25 is? 0040 1 A. Real Estate Own, where 2 properties are -- 3 Q. Foreclosed? 4 A. -- foreclosed, and the bank 5 purchases it back. 6 Q. All right. And that's Wells 7 Fargo Bank? 8 A. Yes, sir. 9 Q. So is Wells Fargo Bank's REO 10 division? 11 A. Yes, sir. 12 Q. What other departments? 13 A. Within our building, that's it. 14 Q. Okay. What departments are 15 nearest to your department? 16 A. It's all litigation on our 17 section. 18 Q. Okay. So, does your section 19 open to the outside? 20 A. Yes, it does. 21 Q. Okay. So you go through your 22 own doors and your own security to go into 23 the litigation department? 24 A. Yes, sir. 25 Q. Do you have any contact with 0041 1 any other members of any other department? 2 A. No, sir. 3 Q. All right. So, the litigation 4 department has no interaction with any 5 other employees of Wells Fargo, who are in 6 that two story building? 7 A. No, sir. 8 Q. So y'all don't share bathrooms 9 or break rooms, or anything? 10 A. We're the only ones left in the 11 building. The rest have actually begun 12 moving to the new facility. 13 Q. Okay. All right. And how long 14 has that been the case? 15 A. Several months. 16 Q. Okay. Prior to that, did you 17 have interaction with any of these other 18 departments? 19 A. No, sir. 20 Q. So y'all are, more or less, an 21 island unto yourself? 22 A. Yes, sir. 23 Q. Do you receive e-mails or 24 instance messages from these other 25 departments? 0042 1 A. E-mails. 2 Q. Okay. And does the company 3 keep any record of e-mails, as it relates 4 to loan numbers or individual account 5 holders? 6 A. No, sir. 7 Q. Okay. So, there is no internal 8 recordkeeping system that puts certain 9 e-mails with certain files? 10 A. No, sir. 11 Q. Do you have a name for your web 12 -- your e-mail system? 13 A. Outlook. 14 Q. Okay. So y'all just use 15 Microsoft Outlook? 16 A. Yes, sir. 17 Q. Okay. Do you have a domain 18 name, such as: 19 CindyShanabrook@WellsFargo.com? 20 A. That would be my e-mail 21 address. 22 Q. That's what I'm saying. 23 A. Yes, sir. 24 Q. So everybody who works there 25 has an e-mail that ends in -- 0043 1 A. WellsFargo.com. 2 Q. -- WellsFargo.com? 3 A. Yes, sir. 4 Q. Are you trained or instructed 5 to use the companies e-mail system to make 6 all communications regarding accounts? 7 A. Yes, sir. 8 Q. Is it against corporate policy 9 to have an e-mail account that is not a 10 corporate account? 11 A. Yes, sir. 12 Q. So any e-mail that you have 13 ever sent, since you have been employed at 14 Wells Fargo, is under the name 15 CindyShanabrook@WellsFargo.com? 16 A. Correct. 17 Q. And you assume that every other 18 employee is the same way? 19 A. Yes, sir. 20 Q. Is your department moving to 21 the new facility as well? 22 A. Yes, sir. 23 Q. You just the last to go? 24 A. Yes, sir. 25 Q. Okay. Better to be the last 0044 1 man out than a left man, right? I'm going 2 to pull off the top page of these series 3 of documents that you have produced. This 4 one's marked ASC number 233. And I'm 5 going to represent to you that in 6 reviewing this, this set of documents, it 7 appears to be a printout from the Fidelity 8 system. And it's titled "Consolidated 9 Notes Log." 10 A. Yes, sir. 11 Q. I'm going to ask you -- you 12 know what? I need to give you -- we'll 13 use that one. And I'll just put this one 14 back on top. 15 MR. ANDRESS: So what's that, 16 Plaintiff's Exhibit Four? 17 Q. Four. And it's 233. 18 19 (Whereupon, Plaintiff's Exhibit 20 Number Four was marked for 21 identification.) 22 23 Now, this whole page, the 24 entries on the left, are all 25 collection entries? 0045 1 A. Yes, sir. 2 Q. Okay. And then the second 3 column are all the dates? 4 A. Yes, sir. 5 Q. And then every designation in 6 here, that is all letters, is a DVX, which 7 is your dialer? 8 A. Yes, sir. 9 Q. Okay. Then you have some -- 10 three entries about mid way down the page 11 all dated 3/28/05 that say C 32. Do you 12 know what that designation is? 13 A. (Witness reviewing document.) 14 No, sir. 15 Q. Is it possible that that 16 designation indicates recording? 17 A. I don't know. 18 Q. Now, in reading those C 32 19 designations, these appear to memorialize 20 conversations between a Wells Fargo 21 employee, who is unidentified, and my 22 clients. 23 A. Yes, sir. 24 Q. Is there a reason that Wells 25 Fargo would not identify who their 0046 1 employees were, who were talking to the 2 clients in this situation? 3 A. I don't know. 4 Q. Is it possible that C 32 does 5 identify the person who spoke to my 6 clients? 7 A. It's possible, yes, sir. 8 Q. Okay. You've never seen those 9 designations before today? 10 A. No, sir. 11 Q. Did you go over these documents 12 to prepare for your deposition? 13 A. Yes, sir. 14 Q. Did you discuss these documents 15 with anyone other than your attorney? 16 A. No, sir. 17 Q. The entry from the top, the 18 second C 32 entry, are you able to read 19 those notes and determine what's being 20 said there? 21 A. Yes, sir. 22 Q. Can you interpret that for me, 23 please? 24 A. Yes, sir. "Borrower states 25 that he should be current because he makes 0047 1 his payments every month. But I advised 2 that his loan has been behind, probably 3 since we received. He stated he already 4 --" and that moves into the next entry. 5 Q. Okay. 6 A. "-- had payment history and 7 couldn't understand it. I tried trans to 8 customer service, but borrower hung up." 9 Q. Okay. Up at the top, where 10 these asterisk make their entry there by 11 4/5/05, this says Score 222; and it says 12 04/04/05, AGT E30S days delinquent 035 13 Risk E. Are you able to interpret what 14 Score 222 means? 15 A. No, sir. 16 Q. Is that some internal system 17 that Wells Fargo has developed to 18 determine the risk of a loan default, or 19 something of that nature? 20 A. I don't know. 21 Q. So you have no idea of the 22 significance or insignificance of the term 23 Score 222? 24 A. No, sir, I do not. 25 Q. Who would be the person most 0048 1 knowledgeable about what that means? 2 A. I don't know. 3 Q. Okay. Do you know what AGT 4 E30S means? 5 A. No, sir, I don't. 6 Q. Do you agree with me that that 7 next entry means days delinquent, right 8 beside E30S? Is that how you interpret 9 that, based on your training with Wells 10 Fargo? 11 A. I don't know. 12 Q. So you're not even sure that 13 means days delinquent? 14 A. No, sir. 15 Q. And then -- so that whole line 16 is just a blur to you, you know nothing 17 about that? 18 A. Correct. 19 Q. Do you know the person in 20 charge of collections training at Wells 21 Fargo? 22 A. No, I don't. 23 Q. So, it really wouldn't do me 24 any good to go through this page by page, 25 these entries that you've sent me, that 0049 1 are 234 to 272, that appear to be the 2 consolidated note log. It wouldn't do us 3 any good to try to discuss those line by 4 line, because there's going to be a lot of 5 things that you don't know in those, 6 right? 7 MR. ANDRESS: Object to form. 8 Q. You can answer. 9 A. Oh, I'm sorry. 10 Q. Would you like to take a second 11 to look through some of them and see? 12 A. Yes, sir. 13 Q. Let me show you, I'll start 14 with just 234. I won't mark it yet. But 15 just take a second and look through that. 16 A. (Witness reviewing document.) 17 Okay. Some of the lines I would not 18 understand. 19 Q. So, is it fair to say that 20 every line with asterisks, that has the 21 Score 222 beside it, are lines that you 22 could not interpret for me? 23 A. That is correct. 24 Q. Okay. And every line that says 25 DVX on that page, you can tell me is an 0050 1 automatic dialer to my clients? 2 A. That is correct. 3 Q. Okay. There's another line 4 with asterisks dated 5/3/05. It's the 5 second entry from the top on that date. 6 It says, CL747; do you know what that 7 means? 8 A. No, sir, I don't. 9 Q. Okay. Down where it says, the 10 one entry on that page, is says SER, which 11 is customer service department, correct? 12 A. Correct. 13 Q. It's dated 4/21/05, it says 14 DL3; do you know what that means? 15 A. That would be the identifier of 16 the person who made the entry. 17 Q. Okay. Are you able to 18 interpret what that line says? 19 A. "Open collection 24B for BK 20 history." 21 Q. So is that -- does that say to 22 you that at that point, on that day, that 23 someone sent for a bankruptcy history on 24 this file? 25 A. That is correct. 0051 1 Q. All right. Let me go ahead and 2 mark that one. We'll just mark that one 3 as Five. 4 5 (Whereupon, Plaintiff's Exhibit 6 Number Five was marked for 7 identification.) 8 9 I'm going to mark the one 10 labeled 235 as Six, and ask you to 11 take a look at that one. 12 13 (Whereupon, Plaintiff's Exhibit 14 Number Six was marked for 15 identification.) 16 17 My particular interest in that 18 page, again, there are a lot of 19 entries there that are your 20 automatic dialer? 21 A. (Witness reviewing document.) 22 Yes, sir. 23 Q. And then you have some CL747 24 entry at the top, and some Score 222 25 entries, which you've indicated you don't 0052 1 know what they are? 2 A. Correct. 3 Q. But about half, three quarters 4 of the way down, there is a collection 5 entry dated 05/16/05, has the initials 6 MEL. That would be the operator, correct? 7 A. Correct. 8 Q. And it says, "acceleration 9 demand letter sent. Expires in 30 days." 10 A. Correct. 11 Q. Okay. Let's talk about page 12 236 for just a minute. I'm going to mark 13 it. 14 15 (Whereupon, Plaintiff's Exhibit 16 Number Seven was marked for 17 identification.) 18 19 I'm going to go ahead and write 20 some of these down so I can keep up 21 with where I'm at. This is 236. 22 The top entry on 236 is a service -- 23 customer service department entry? 24 A. (Witness reviewing document.) 25 Yes, sir. 0053 1 Q. Do you know what 46T 2 represents, beside the date? 3 A. That is the person that made 4 the entry. It's their designation. 5 Q. So that's a number and a 6 letter? 7 A. Yes, sir. 8 Q. Do you know how they set those 9 designations up? 10 A. No, sir, I don't. 11 Q. Who would be the person who 12 knows the most at Wells Fargo about how 13 those designations are given? 14 A. I don't know. 15 Q. Do you understand that entry, 16 beside the designation, 46T? 17 A. Yes, I do. 18 Q. Okay. Can you explain it to 19 me? 20 A. The LITC is litigation costs. 21 And 4.11 is the dollar amount. 01R01 22 means that it is recoverable from the 23 borrower. And it was sent to Doris for 24 processing, in default servicing. 25 Q. Okay. 0054 1 A. So that the litigation cost 2 bill was actually sent to be processed. 3 Q. Is Doris, D. Ramsburg? 4 A. I don't know. 5 Q. Do you know who D. Ramsburg is 6 reflected in that entry? 7 A. No, I don't. 8 Q. And you don't know if Doris' 9 last name is Ramsburg? 10 A. No, I don't. 11 Q. Do you know Doris? 12 A. I know a Doris. 13 Q. What does DOS stand for after 14 her name? 15 A. Default servicing. 16 Q. And MD, is that state? 17 A. That's Maryland. 18 Q. Yeah. Down below that is, 19 again, two entries down, in the servicing 20 department on June 21st of '05, it says 21 FSD. What is that? Is that the person's 22 designation again? 23 A. Yes, sir, it is. 24 Q. Okay. And does that reflect 25 that Wells Fargo was corresponding with 0055 1 Ocwen regarding a history of this loan, 2 prior to purchasing the loan? 3 A. (Witness reviewing document.) 4 It states that we e-mailed Ocwen for the 5 payment history. 6 Q. Okay. Do you know why this 7 entry was made; what was the purpose of 8 this entry? Was it made in response to 9 litigation? 10 A. Made in response to 11 correspondence that was received. And 12 there was research being done. 13 Q. Okay. Down, the next serviced 14 entry down, customer service department on 15 6/14/05, again, OFQ is the person that 16 handled this, correct? 17 A. Correct. 18 Q. And that entry has to do with a 19 waiver of summons from a prior lawsuit; 20 are you familiar with that? 21 A. No, sir. 22 Q. Are you aware that there's been 23 litigation over this same account, 24 previous to this lawsuit? 25 A. Yes, sir, I am. 0056 1 Q. Okay. Did you review that, in 2 preparing for this deposition? 3 A. Yes, I did. 4 Q. Okay. Is it safe to say that 5 any entry in these documents that we've 6 talked about through 272, I believe is the 7 number, where the designation on the left 8 is COL, that is from Wells Fargo's 9 collection department? 10 A. That is correct. 11 Q. That they are the person 12 responsible for that entry? 13 A. Yes, sir. 14 Q. Okay. And whatever those 15 entries say, Wells Fargo does not dispute 16 either those contents or the entries 17 themselves? 18 A. Correct. 19 Q. Okay. Are you familiar with 20 whether or not Wells Fargo has ever been 21 sued, prior to this lawsuit, for any claim 22 of failure to properly service a mortgage? 23 A. No, sir, I'm not aware. 24 Q. In preparing for this 25 deposition today, did you inquire as to 0057 1 whether or not Wells Fargo had ever been 2 sued for any prior suit, claiming a 3 failure to properly service a mortgage? 4 A. No, sir, I have not. 5 Q. When did Wells Fargo begin to 6 service this mortgage? 7 A. I don't recall the date, off 8 the top of my head. 9 Q. Okay. I'm going to show you a 10 document that I'm going to mark as Exhibit 11 Eight. 12 13 (Whereupon, Plaintiff's Exhibit 14 Number Eight was marked for 15 identification.) 16 17 It's -- I'll represent to you 18 that it's a notice received by my 19 clients from Ocwen, that ASC would 20 be serving this mortgage. 21 A. (Witness reviewing document.) 22 Okay. 23 Q. The contents of this indicate 24 that ASC would begin servicing mortgage on 25 November 1st of 2002. Are you able to see 0058 1 that in the first line of that letter, 2 first two lines of that letter? 3 A. Yes, sir, I am. 4 Q. Do you dispute that that is the 5 time in which ASC began servicing this 6 loan? 7 A. No, sir. I'm not disputing 8 that. 9 Q. In reviewing the documents that 10 ASC maintains, are you able to determine 11 that that is correct? 12 A. That is correct. 13 Q. Okay. I'm going to mark this 14 document as Exhibit Nine. 15 16 (Whereupon, Plaintiff's Exhibit 17 Number Nine was marked for 18 identification.) 19 20 Ask you if you have -- this is 21 going to have to be a cumulative 22 exhibit. We got any paper clips or 23 staplers? This is a response from 24 ASC. I assumed y'all already had a 25 copy of that. I represent to you 0059 1 that that is the ultimate response 2 received by my clients, to the 3 qualified written request, that I 4 sent to ASC on August -- or October 5 of 2005. Have you seen that 6 document, in preparation for this 7 deposition? 8 A. Yes, sir, I have. 9 Q. Okay. Have you reviewed that 10 document? 11 A. Yes, sir, I have. 12 Q. And it's my understanding that, 13 as we sit here today, ASC's position is 14 that the amounts charged by Ocwen, for 15 insurance in 2000 and 2001, were improper; 16 are due to be refunded? 17 A. I'm sorry, could you rephrase 18 that? 19 Q. Let me back up a little bit 20 further. Up to today, America's Servicing 21 Company's position has been that insurance 22 was not paid on this loan in 2000 and 23 2001, correct? 24 A. Correct. 25 Q. Okay. And that is reason why 0060 1 the payment changed on my client's 2 mortgage in, approximately, August of 3 2005? 4 A. Correct. 5 Q. Okay. And it's my 6 understanding, that in preparing for this 7 deposition, America's Servicing Company or 8 Wells Fargo has realized that that is in 9 fact incorrect? 10 A. Correct. 11 Q. And that my client's do not owe 12 insurance for 2000 or 2001? 13 A. That is correct. 14 Q. Okay. But that was not the 15 case in this response that was issued in 16 August of 2006, correct? 17 A. Correct, sir. 18 Q. Okay. So is it Wells Fargo's 19 position, as we sit here today, that their 20 intention is to correct the mortgage 21 account of my client's and remove those 22 charges and bring everything current? 23 A. Correct. 24 Q. And that includes refunding all 25 the late fees and collection charges and 0061 1 things that were put on the account since 2 then? 3 A. Correct. 4 Q. And that's what your 5 responsibilities are under the servicing 6 provisions of the RESPA Act, correct? 7 A. Correct. 8 Q. Do you agree that ASC or Wells 9 Fargo began to service this loan when my 10 clients were in Chapter 13 bankruptcy? 11 A. Yes, sir. 12 Q. Okay. And that would have 13 qualified as a default under the terms of 14 their loan, correct? 15 MR. ANDRESS: Object to the 16 form. Legal conclusion. 17 Q. You can answer. 18 A. Could you rephrase the 19 question, please? 20 Q. Certainly. 21 A. Thank you. 22 Q. You agree that the failure to 23 pay is required, is a default under the 24 terms of the note, correct? 25 A. Correct. 0062 1 Q. And you agree that a bankruptcy 2 is a default under the terms of the 3 mortgage, right? 4 MR. ANDRESS: Could you show 5 her the note? 6 Q. Certainly. I'm about to mark 7 it. I'm going to mark as Exhibit Ten, a 8 copy of the note and mortgage. And these 9 are Bate stamped ASC 98 through 104. 10 11 (Whereupon, Plaintiff's Exhibit 12 Number Ten was marked for 13 identification.) 14 15 A. Okay. 16 Q. Take a look at that. 17 A. (Witness reviewing document.) 18 Yes, sir. 19 Q. Okay. Do you agree that a 20 default occurs when a mortgager does not 21 pay as agreed, correct? 22 A. Correct. 23 Q. I mean, y'all sent out, 24 literally, dozens of letters to these 25 folks saying they're in default, since 0063 1 you've serviced the loan, right? And you 2 reviewed those, haven't you? 3 A. Letters? 4 Q. Right. You sent out notices of 5 default, as part of your servicing? 6 A. We have sent out letters. 7 Q. Have you reviewed those 8 letters? 9 A. Yes, I have. 10 Q. Some of them say that my 11 clients were in default? 12 A. Correct. 13 Q. Would they have been in default 14 if they were in bankruptcy? 15 MR. ANDRESS: Object to form. 16 Legal conclusion. 17 Q. Well now, you're here as the 18 corporate rep of Wells Fargo? 19 A. Yes, sir, I am. 20 Q. And you're a litigation 21 specialist? 22 A. Yes, I am. 23 Q. Is a default triggered when a 24 person's in bankruptcy? 25 MR. ANDRESS: Same objection. 0064 1 Q. You can still answer. 2 A. The bankruptcy is filed to 3 protect the person when they are in 4 default. 5 Q. Okay. So that means that 6 they're in default if they're in 7 bankruptcy, basically? 8 MR. ANDRESS: Same objection. 9 A. At that time, then it becomes a 10 post-petition issue. 11 Q. Okay. Let me do a little bit 12 better job with my questions, okay? 13 A. Okay. 14 Q. I guess the issue here is, that 15 my clients -- you purchased the servicing 16 of this loan while my client's were in 17 bankruptcy? 18 A. Correct. 19 Q. And that means that, prior to 20 filing bankruptcy, my clients must have 21 been in default, right? 22 MR. ANDRESS: Object to the 23 form. Legal conclusion. 24 A. I don't know. 25 Q. Have you reviewed those 0065 1 documents to determine that? 2 A. Prior to the bankruptcy? 3 Q. Uh-huh. 4 A. No, sir, I have not. 5 Q. Have you reviewed the payment 6 history from America's Servicing Company, 7 or from Ocwen, in preparation for this 8 deposition? 9 A. No, sir, I did not. 10 Q. I'll get around to it in just a 11 minute. Was Wells Fargo Bank formerly 12 known as Norwest? 13 A. Yes, sir. 14 Q. When did that name change take 15 place? 16 A. I don't know. 17 Q. Did Wells Fargo ever have any 18 ownership interest in Ocwen Bank? 19 A. No, sir. 20 Q. Let's go off the record for 21 just a minute. 22 VIDEOGRAPHER: Standby, please. 23 We're off the record at 11:06. 24 25 (Whereupon, a discussion was 0066 1 held off the record.) 2 3 VIDEOGRAPHER: We're back on 4 the record at 11:15 a.m. 5 Q. Let me show you a document that 6 I have marked as Exhibit 11, and let you 7 take a look at that. 8 9 (Whereupon, Plaintiff's Exhibit 10 Number 11 was marked for 11 identification.) 12 13 A. (Witness reviewing document.) 14 Yes, sir. 15 Q. Who filed that -- well, let's 16 back up a little further than that. Is 17 that a pleading filed in my client's 18 Chapter 13 bankruptcy? 19 A. Yes, it is. 20 Q. Was it filed in December of 21 2000? 22 A. (Witness reviewing document.) 23 Yes, sir. 24 Q. And who filed that pleading; 25 what company? 0067 1 A. Secure Creditor, Wells Fargo 2 Bank. 3 Q. That'd be y'all, right? 4 A. Yes, sir. 5 Q. What does paragraph three say, 6 second sentence? 7 A. "Said mortgage is payable in 8 monthly installments which include 9 principle, interest and escrow. The 10 payments upon such mortgage are currently 11 post-petition delinquent for the months of 12 October through November, 2000." 13 Q. Post-petition delinquent for 14 two months would be in default, right? 15 A. Correct. 16 Q. So when you bought this loan, 17 it was in default? 18 A. Post-petition. 19 Q. Default? 20 A. Correct. 21 Q. Okay. To just show, so it's 22 clear for the court, sometime after this, 23 Ocwen service this loan for a period of 24 time? 25 A. Correct. 0068 1 Q. And then Wells Fargo took it 2 back? 3 A. Correct. 4 Q. Under the doing business as 5 name of America's Servicing Company? 6 A. Correct. 7 Q. Okay. I think that's all I 8 have. 9 10 EXAMINATION BY MR. ANDRESS: 11 Q. Let me ask you a question. You 12 were asked earlier about whether or not 13 ASC adopts the log notes; do you remember 14 that question by the plaintiff's counsel? 15 A. Yes, sir. 16 Q. And you responded, yes. Now, 17 by that response, did you mean that those 18 are -- that you -- that Wells Fargo does 19 not dispute that those are the business 20 records for the collection notes? 21 A. That is correct. 22 Q. You did not, during your 23 deposition, review every entry in those 24 log notes, did you? 25 A. No, sir, I did not. 0069 1 Q. And you were not asked to do 2 that, were you? 3 A. No, sir, I was not. 4 Q. So, is it your position, as the 5 corporate representative of ASC, that 6 those documents that you were referred to 7 my plaintiff's counsel, were simply the 8 log notes, the business records of ASC? 9 A. That is correct. 10 Q. Let me see the other exhibits. 11 Do y'all have a stack of them? You were 12 handed a document, Plaintiff's Exhibit 11, 13 which was a bankruptcy petition. Did you 14 have an opportunity to review that before 15 your deposition? 16 A. Yes, sir. 17 Q. You did? Did you -- do you 18 know whether or not any response to this 19 motion was filed by the Alewines? 20 A. No, sir. 21 Q. And you don't know, sitting 22 here today, what the payment history was 23 in October or November of 2000, for the 24 Alewines, do you? 25 A. No, sir, I do not. 0070 1 Q. That's all I have. 2 3 RE-EXAMINATION BY MR. WOOTEN: 4 Q. I'm going to be very brief. 5 Because you did not read each of those 6 individual entries, you are not attempting 7 to say that those entries are not, were 8 not, the entries of employees of Wells 9 Fargo that corresponded to their 10 activities, with respect to my client's 11 mortgage, on the day that they were 12 entered? 13 A. I'm sorry, could you rephrase 14 that? 15 Q. The log notes, I think your 16 lawyer's term was, they are business 17 records of Wells Fargo? 18 A. Correct. 19 Q. You don't have any reason to 20 believe that they are, in any material 21 way, inaccurate, do you? 22 A. No, sir. 23 Q. And you rely on those entries 24 to refresh your recollection, or to 25 provide you knowledge, with what your 0071 1 company did with respect to this loan, at 2 each entry? 3 A. Correct. 4 Q. So you would rely on, as a 5 corporate rep, the accuracy of those 6 records, when determining what your 7 company did, with respect to my client's 8 loan? 9 A. Correct. 10 Q. Okay. Nothing else. 11 12 RE-EXAMINATION BY MR. ANDRESS: 13 Q. And if there was anything in 14 the records that you were not certain of, 15 would you conduct additional investigation 16 into the incident recorded? 17 A. Yes, sir, I would. 18 Q. Thank you. 19 20 VIDEOGRAPHER: Does that 21 conclude the deposition? 22 MR. WOOTEN: How much tape you 23 got left? 24 VIDEOGRAPHER: About 20 25 minutes. 0072 1 MR. WOOTEN: Just a second. 2 3 RE-EXAMINATION BY MR. WOOTEN: 4 Q. Are the log notes the best 5 source of information to determine what 6 America's Servicing Company did with 7 respect to my client's loan, based on each 8 entry? 9 A. Yes, sir. 10 Q. Is there any more complete 11 repository information, with respect to my 12 client's mortgage, that is controlled by 13 Wells Fargo? 14 A. I don't have that information. 15 Q. Okay. So you don't have any 16 idea whether that's the case or not? 17 A. No, sir, I do not. 18 Q. So you don't have access to 19 that information? 20 A. No, sir, I do not. 21 Q. You don't know whether it even 22 exists? 23 A. No, sir, I do not. 24 Q. Okay. I'm through now. 25 MR. ANDRESS: Thank you. 0073 1 VIDEOGRAPHER: That concludes 2 the deposition. We're off the record at 3 11:23 a.m., ending tape number one. Thank 4 you. 5 6 (Whereupon, the preceding 7 deposition was concluded at 11:23 8 a.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0074 1 REPORTER'S CERTIFICATE 2 3 STATE OF ALABAMA ) JEFFERSON COUNTY ) 4 5 I hereby certify that the 6 above and foregoing deposition was taken 7 down by me in stenotype, and the 8 questions and answers thereto were 9 transcribed by means of computer-aided 10 transcription, and that the foregoing 11 represents a true and correct transcript 12 of the testimony given by said witness 13 upon said hearing, to the best of my 14 ability and understanding. 15 I further certify that I am 16 neither of counsel, nor of kin to the 17 parties to the action, nor am I in 18 anywise interested in the result of said 19 cause. 20 21 _____________________________ Lori E. Defnall 22 23 24 25