From: O. Max Gardner III
Sent: Friday, March 05, 2010 6:34 PM
To: Linda T; List Mailing
Subject: RE: LPS's Scott Walter admits no proper notary
What
does he review?
Who
actually prepares the AOM?
Does
LPS prepare the documents?
Does
have use NewImage or LPS Desktop?
How
does it work?
Who
would make the request for the AOM?
How
would that request be transmitted to LPS?
What
is NewTrak or LPS Desktop?
How
does it work?
Does
he have access to the LPS Desktop system?
How
does he access?
Does
he have a username and password?
Do
all LPS employees have the such usernames and passwords?
Where
are the resolutions or signing authorities stored?
How
does he access such documents?
What
does he review to make sure the AOM is correct?
Where
does he access those documents?
Is
he aware that under the law of Minnesota he was sign the AOM in the presence of
a notary?
Has
he signed AOM outside the presence of a notary?
How
often does he sign outside the presence of a notary?
Does
the notary have a log book?
Has
he ever seen such a book?
Has
the notary ever request him to produce an official government issued ID card?
Does
he have access to the records of the Servicer?
How?
Does
he have access to the computer data records of the servicers?
How?
Can
he change data records of a servicer?
How?
Can
he enter comments on the file records of a servicer?
How?
What
type of comments would he make?
Can
he communicate with a servicer through the LPS desktop system?
How?
Can
he communicate with the local attorney through the LPS desktop system?
How?
Does
LPS desktop still run NewTrak, NewImage and NewInvocie as software programs?
Can
he access the PSA for an investor or trust that actually owns any mortgage note
in their system?
How?
What
type of request would he make for the PSA and to whom?
How
could he identify the Master Document Custodian for an investor or trust LPS
was dealing with?
What
documents would the Master Document Custodian have in a mortgage loan file for
a borrower?
How
would he request the original documents from such an MDC?
Are
there forms he would have to complete?
Why
would he not ask the MDC for the AOM rather than having LPS create one?
Are
LPS employees graded or ranked on how fast they complete work assignments?
How
are they rated or graded?
Who
rates them?
Do
they have document execution teams?
How
are these teams organized?
Does
he work for any one team?
Has
he ever worked for such a team?
Does
each servicer partner have a team?
Are
the teams rated or graded?
How?
By
whom?
How
does the grading system work?
What
is an LPS communiqué?
Who
are such communiqués transmitted?
Are
they rated or graded on how fast they “close out” a communiqué?
How
does this work?
If
an LPS local attorney makes a request for an AOM, how is the request made?
Who
receives the request?
When
does the time clock start to run on completion of the request for an AOM?
Does
LPS charge the local firm a fee for the AOM?
What
is the fee called?
Does
LPS have a document fee chart or schedule?
Where
is it?
What
are some of the fees?
What
is the fee for an AOM?
Do
the fees or charges vary per Servicer partner?
How
and why?
What
do the 80 employees under his supervision do?
How
does he supervise their work?
What
legal training has he taken re real estate law?
What
legal training has he taken re real estate mortgages, deeds of trust, etc?
Has
he ever endorsed a mortgage note?
Does
LPS endorse notes?
What
is an allonge?
Has
he ever signed an allonge?
How
can MERS as an original mortgage assign the mortgage directly to the trustee
for the Securitized Trust?
What
about the original sale to the Sponsor?
What
about the original sale from the Sponsor to the Depositor?
What
about the original sale form the Depositor to the Trust?
How
can his AOM form MERS directly to the Trust by-pass these parties?
What
has he been told about such direct assignments?
Is
MERS not really the nominee for the originator?
Does
MERS ever own the mortgage note?
What
in fact does MERS own?
What
is he selling when he signs an AOM as VP of MERS?
Is
he paid by MERS?
Is
he an actual employee of MERS?
Does
he receive any benefits from MERS?
Has
he ever been to the offices of MERS in Virginia?
Has
he ever met R.K. Arnold, the President of MERS?
When
and where?
Has
he ever met William Hultman, the real VP of MERS?
When
and where?
Does
he check with MERS at all before he signs a AOM for MERS?
Does
he send copies of all AOM signed for MERS to MERS?
Why
not?
Why
does he not keep a record of all AOMs he signs?
Does
he review the legal description of the property in the AOM?
Why
not?
If
he did review, how would he do it?
Does he ever check to be sure the originator is still in
business before he signs the AOM?
What
if the originator is in bankruptcy, can he still sign the AOM with MERS as
nominee for the originator?
Does
his team have a minimum number of documents they must sign per day?
Which
groups or teams signs the affidavits?
How
does this process work?
Has
he ever signed an affidavit at any time?
If
so, how did he do it and what did he review before he signed to verify
accuracy?
Why
don’t they attach the signing authority documents to the AOMs and affidavits?
Who
told them not to do that?
Does
he know why they do not attach such documents?
What
work is done in Minnesota vs Jacksonville?
Do
they have other locations?
Where
and what do they do at such locations?
What
is DOCx and how is it related to LPS?
What
does DOCx do and where are they located?
How
does DOCx prepare a document for a lawyer or servicer?
How
do they assign work between DOCx and LPS?
How
many different companies can he sign documents for?
Does
he have any problem signing legal document for so many companies?
Can
he name any of them?
Who
are they?
What
is Prommiss Solutions?
How
does Prommiss work with LPS?
What
about NDEx?
How
does it work with LPS?
Who
is his immediate supervisor?
What
does he or she do?
What
is Vendorscape and how does it work?
Does
he use Vendorscape?
When
would he use Vendorscape vs LPS Desktop and why?
Do
they retain all electronic communications?
How?
Where?
For
how long?
What
type of storage format do they use?
Do
they backup all electronic data?
How?
Where?
For
how long?
Does
LPS have a mass disaster location?
Where?
What
is saved and stored there?
How
long is it saved?
Do
they saved all imaged documents?
Where
and for how long?
How
are they indexed?
Who
does the indexing?
How
are they identified in the system?
What
type of numerical or data codes are used in naming and saving documents?
Can
a local LPS attorney communicate directly with an LPS servicing partner?
How?
When?
Under
what circumstances?
How
long have they been able to do this?
Does
LPS have on-site employees at each servicer partner’s default center?
How
many?
What
do they do there?
Must
local LPS counsel first communicate with these on-site LPS employees?
Do
the on-site employees have access to the servier’s data files and record?
What
is the extent of such access?
Can
these on-site employees enter and change transactions on specific loans?
How?
When?
Why?
O. Max Gardner III
maxgardner@maxgardner.com
max@maxinars.com
maxgardner@alumni.unc.edu
o.max.gardner@gmail.com
Regular Boot Camp--March 25 to March 29, 2010 (Spaces Open)
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(c)
888.870.1647 (f)
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"If
it's war they want, it's war they shall have."
O.
Max Gardner III, April 25, 2005
"Life is not a dress rehearsal. You have to live
every day like it is
your last and to the fullest."
Rose Tremain, British author
"Life without a purpose is like a pencil not
sharpened. It has no point!" Author Unknown
"Life is like a roll of
toilet paper. The closer it gets to the end, the faster it goes."
From: Linda T
[mailto:bootcampsurvivor08@ymail.com]
Sent: Friday, March 05, 2010 2:40 PM
To: O. Max Gardner III; List Mailing
Subject: LPS's Scott Walter admits no proper notary
Reading a depo from January
this year of Scott Walter of LPS. Skip to pg 18-23 of the transcript (i
think its the 5th & 6th pages of the attachment)
Essentially, Scotty supervises 80people andonce per day, couriers present him
with a manilla envelope, he signs whatever is inside, sticks it back into the
envelope and sends it away wit the courier. He doesnt recall if anyone in
the room happened to be a notary or not. No set procedure? WTF???
I depose this guy on the
Linda M. Tirelli, Esq.
Law Offices of Linda M.
Tirelli PC
Connecticut
1100 Summer Street, 3rd Floor
Stamford, CT 06905
(203)653-0023
New York
202 Mamaroneck Avenue, 3rd
Floor
White Plains, NY 10601
(914)946-0860
----- Forwarded Message ----
From: "WestchesterLegal@aol.com"
<WestchesterLegal@aol.com>
To: bootcampsurvivor08@ymail.com
Sent: Fri, March 5, 2010 2:18:18 PM
Subject: Walter Depo