In The Matter Of: Geline v. Northwest Trustee Services, et al HH. John Kennerty May 20, 2010 Van Pelt, Corbett, Bellows Court Reporters 401 Second Avenue South, Suite 700 Seattle, Washington 98104Geline v. HL John Kennerty Northwest Trustee Services, etal “May 20, 2010, Page Popes 1 sorenzon cog Yon mee spice or yaszzyoey | 2 rubax of 2xAuZ NATION ; °O SESE SST ES | > =< 2 wasn seantsation nage a 4. set Eesesty 5. TSime wo. on-a-cesveca saa | 5 We, MAMA ee essssnnee OE ‘ } 6 7 7 ® 8 Iubex op exwzercs a 8 we. escripton sos | 0 10 a a. cactLttention OF toan Docsowats ” a2 jaz 2 + Appotntnent Of Sicoessor Trustee 6 a3 2a asSgmact Of Hortatge/Deed Of rast oo. 52 he 2:00.58, aa Fixod/Aajuoeable Bate Hote —s hs ee pe fe wires armen (og Se Ln ee ae es ‘eyed jee aetganent OF Deod Of Trt 6 ty ee Pee eetesdaatts Response Toe TESTS, ap as 1s aa ee coker, BELLONS jan ee or BS heme see dette vee [22 23 23 ae 24 las 25 | Poge2 Page 4 5 a 1 SEATTLE, WASHINGTON; THURSDAY, MAY 20,2010; 3. ron sus Pranare 3 4 Bi betstae Gr eaten a a | 4 H.JOHN KENNERTY having been first duly gy 5 swom by the Notary | 6 Hee ie tT ae s Public, appeared and 7 Bian BESSA scarenytencingiaw.com 3 testified as follows: 8 8 EXAMINATION : 9 BY MS. HUELSMAN: to 10 Q. Will you please state and spell your name. 22 2oR, 2g, permons, aa A. Herman John Kennerty, K-E-N-N-ER-LY. 22 Num o, vores 22 Q. Thankyou. So you're here today pursuant toa 23 ee tote 13 notice of deposition that I sent to your Counsel; is thet na EET Be, a4 correct? | 15 Fax, a5 AL Yes. | ne " 26 © Q. I should cavity and say Counsel for your employer; a7 27 comect? a8 ne A. Yes, a9 29 Q. Can you please tell me your address? 20 0A. Work or home? | 2° court neposter: SUDrTE 2. nomzsox a: Q. Workis fine 22 Fenceies wa S808 S80 l22 A. 3476 Stateview Boulevard, Fort Mill, South 23 23 Carolina 24 24 Q. By whom are you employed? as 25 A. Wells Fargo. | Min Van Pelt, Corbett, Bellows (1) Page 1-Page 4 206-682-9339 * wrw.vampeltdep.com * 888-4WA-depGeline v. H. John Kennerty ‘May 20, 20 Northwest Trustee Services, etal Paae’ Q. Can you tell me which part of Wells Fargo? A. Wells Fargo Home Mortgage. Q. Which is a subsidiary of Wells Fargo Bank? A. Right, Q. Can I get your educational beckground starting afier high school? 20 32 a3 Ina las Ine laa ne las l20 laa laa laa laa las a2 a3 ae a7 ae as 20 aa 2a 23 25 ‘A. [attended Appalachian State University and went into the military after that and then joined HFC in 1984. Q. That's Household Finance? A. Yes, Iwas with Household until May of 2008, and then in August of 2008 I joined Wells Fargo. Q. Did you get a degree from Appalachian State? A. No. Q. What was your job at HFC? A. Itvatied. Q. Why dott you start with your first job and take me through. I'm also going to tell you I want a little job description. If you could provide that, that would be fantastic. ‘A. When I fist started with HFC, I was a branch representative manager in traning. I weat through the ranks and became a manager. From there I went into their first mortgage program. I stayed in that fora brief period. Then I went into the collections, real estate collections. Page 6 Q Can you kind of give me some time lines? A. Sure. The original branch representative manager ‘in training program was July ’84through'85 or thereebouts Q. Tunderstand we're not going tobe totaly precise. But if you can give me ballpark that would be great. A. Sure Q. Thank you. A. Iwasa manager in the '85°86 time frame, through. 187-88, First mortgage program, '88 to 89. Real estate collections, '89 through '92, March of 92. rom there I went into policy and compliance, and I ‘was inthe compliance department asa state manager. Then 1 ‘was the manager ofthe forms group within the compliance ‘group until 2001. 2001 through 2008 I was specifically with Decision ‘One Mortgage which is a subsidiary of Household as the operations manage, reconciling sales to investors a well a, ‘managing the processing and posting of payments. Q. And that's what you're doing now? A. No. With Wells Fargo I am a — Q. Somy. I ost track. Go ahead. A. With Wells Fargo, 1am a loan administration ‘manager managing our default document group. Q. Why don't you tell me what your job duties are of that. aa a3 a4 a5 a6 7 2a 22 23 26 25 Page A. There's three main areas within the default doc. ‘group. The first one is the ordering and obtaining of collaieral documents for loans, The assignment team, the execution of assignments, as well asthe executable team which is the executing of other foreclosure-related documents, Q. So in summary is it — your department goes and. ‘et orginal Joan documents when they're necessary and it executes documents in connection with foreclosures, whether it's assignments or other necessary documents? A. Comect. Q_ Is that pretty much what your unit does all day Jong? ‘A. Pretty much, yes. Q. And does it do it forthe entire country for your employer? AL Yes Q. Are there other locations as well, or is your office the one that handles all of it? [My office is the one that handles all of it. So your ttle is Loan Administration Manager? Yes. Are you also vice president? Of loan documentation. Have you had the vice president ttle since you OrPerer Page 8 became employed there? ‘A. Shortly thereafter. Q. So the official title is vice president of Loan Administration? A. No. Q Imsony. Can you A. Vice president of Loan Documentation. Q._ Vice president of Loan Documentation. Tm sory. My fingers are faster than my brain, How many employees do you supervise? A. 53 fulltime employees. And we currently have 15 contract workers. (Q. Are they the people who are actually executing the documents that you were just describing? A. Yes. Q. And you're their supervisor? ‘A. [manage the department. Ihave direct reports that are supervisors that manage the day-to-day. Q. So you supervise the supervisors? A. Aswell as the processors, Q. Right, okay. And when is it that you~ orl should say, excuse me, ‘How often do you actually sign documents? A. Daily. Q Cenyou tell me about how many documents you sign Mint Serigs ‘Van Pelt, Corbett, Bellows @) Page 5 -Page 8 206-682-9339 * www.vanpeltdep.com * 888-4WA-depGelinev. HL John Kennerty Northyvest Trustee Services, etal “May 20, 2010 Page ® Page tt 1 day? | 2 Q. Usually those two departments are combined so 2A. Anywhere from 50 to 150. 2 that's why I was asking, 3 Q. That actually reminds me because I was running ate | 3 ‘And ae there other people that you supervise who 4 and again I apologize. 4 also have a title? 5 Have you ever bad your deposition taken before? | 5A. Yes. 6 A. Ithas been quite some time, 6 — Q And do all the supervisors then have title that 7 _Q. Didyou have ittzken while you were an employee of | 7 you supervise? I'm talking about your unit. 8 HEC? 8 A. Notallofthem. 3 A. No. 9 —_Q Soisitonly the ones that have titles that are 10 Q. Forwhat reason did you have your deposition taken? |10 allowed to sign the documents? aa A. Itwasa child custody hearing, nA. Yes. 32 Q. Soyouhave never had your deposition taken in |12 Q. What titles do supervisors have? 113 connection with your employment at Wells Fargo? |13 A. Other than supervisor it would be vice president of aa A. No, 14 Loan Documentation. 15 _Q. Going back to the question we were on, you said |15 Q. So iit true that they have that ttle simply for |x6 from what I understood just a second ago, you're the |16 purposes of signing documents? 117 supervisor or you manage the unit, and then there are |37 MR. YATES: Objectto the form. It msstates 1e supervisors who actually then manage the day-to-day |18 prior testimony. You can answer. 129 operations of the unit; correct? 19 A. Can you repeat the question? 20 A. Correct. 20 (Requested testimony was read.) la. Q. Doyowknow how many documents per dey onaverage |22 A. I can'treally answer that question. ‘That's not ~ [22 the supervisors sign documents? 22 Imean, I don't grant authorizations for that title, so 1 2a. A. I would —-roughly the same amount, 23, really can't answer that. le Q._Isitthe same then for the people thatare [24 BY MS. HUELSMAN: las subordinate to the supervisors? ~ 25 Q. Dothey actas officers of the company to perform Page 10 Page 12 ‘A. Not quite. Simply because ifthey process it, they | 2 other functions? obviously can' sign it. 2 MR. YATES: Object to the extent it calls for Q. Imsomy. Why is it obvious that they cant sign | 3 a legal conclusion. You can answer. i” | 4 A. Withrespect to the execution of documents, yes. ‘A. They —notall the processors or any ofthe | 5 BY MS. HUELSMAN: processors hold a title of vice president ofLoan | 6 But that’s their only function as the vice Documentation, so they cant sign it, depending upon the | 7 president; correct? nature of the document 8 A. Forloan documentation, yes. ‘Q. Soomly people who havea ttle can sign documents, | 9 Q. So in other words, they are not going to board 110 depending upon the nature of the document? 10 meetings or interacting with the boar of directors or other uA. Yes. 12 comporate officers; correct? 12 Q. What kind of documents require a title? a2 A. They interact with other officers ofthe company. 13 A. Just about everything that we do, with the [23 Now, as far as board members, I can't answer that. 14 exception of when we order collateral files. 24 Q. Whatother officers ofthe company do they interact jas Q. Welll go through that in @ second. 35 with? je So what kind of documents do you regularly sign? |2¢ A. They interact with vice presidents as well as 7 A. Assignments; declarations; various affidavits. |17 assistant vice presidents. a8 Q. Are they all in connection with foreclosures or |28 _Q._ ‘Those are just other people thet perform similar {19 motions for relief to stay in bankruptcy? [19 functions in the company; correct? 20 A. More so foreclosure. 20 A. Similar 22, Q. You would still also participate in bankruptey |21 MR. YATES: I'm just going to object to the 122 motions for relief? 22 extent it misstates prior testimony. You can answer. as. It's rare— 23. A. Similar how? I dont understand your -- 24 Q. Oh, okay. |24 BY MS. HUELSMAN: 25 A. — that 1 would. [25 Q. You understand that I do not want you to have to Min-U-Seripti ‘Van Pelt, Corbett, Bellows ©) Page 9- Page 12 206-682-9339 * www.vanpelidep.com * 888-4WA-dep