Professional Documents
Culture Documents
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CUYAHOGA COUNTY, OHIO
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:
THE BANK OF NEW YORK, etc., :
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:
Plaintiff, :
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: Case No.
vs. : CV 09 711343
:
JAMES M. UNGER, et al., :
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:
Defendants. :
:
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Deposition of:
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SHELLIE HILL
Taken: By the Defendants
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Pursuant to Notice
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1
2 APPEARANCES:
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3
On behalf of the Plaintiff:
4
d.
David F. Hanson, Esq.
5 of
Manley Deas Kochalski, LLC
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6 495 South High Street, Suite 300
Columbus, Ohio 43215
7 Phone: (614) 220-5611
Email: dfh@mdk-llc.com
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8
9 On behalf of the Defendants James and Kelly
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Unger:
10
James R. Douglass, Esq.
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11 of
James R. Douglass Co., L.P.A.
12 20521 Chagrin Boulevard, Suite D
Shaker Heights, Ohio 44122
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13 Phone: (216) 991-7640
Email: firedcoach@aol.com
14
15 On behalf of the witness:
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21 Also Present:
22 Robert Todd, law clerk, Lerner, Sampson &
Rothfuss
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23
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24
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1 I N D E X
2 PAGE
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3 SHELLIE HILL
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5
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6 EXHIBITS MARKED REFERENCED
7 Defendants' Exhibit 1 17 17
Defendants' Exhibit 2 21 21
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8 Defendants' Exhibit 3 34 34
Defendants' Exhibit 4 37 37
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1 SHELLIE HILL
2 of lawful age, a witness herein, being first duly sworn
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3 as hereinafter certified, was examined and deposed as
4 follows:
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5 CROSS-EXAMINATION
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6 BY MR. DOUGLASS:
7 Q. Good morning. My name is Jim Douglass.
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8 I represent Mr. and Mrs. Unger in a matter that's
9 currently pending before the Cuyahoga County Court of
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10 Common Pleas. It's the Bank of New York Mellon Trust
11 Company versus Unger is the caption of the complaint.
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12 Would you mind stating your name for the
13 record?
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14 A. Shellie Hill.
15 Q. And your residence address?
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20 A. Yes, I have.
21 Q. So you're familiar with the rules of the
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22 road, so to speak?
23 A. I believe so, yes.
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1 head --
2 A. Yes.
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3 Q. -- and other such gestures, right?
4 A. Yes.
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5 Q. And, also, you know that you should wait
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6 until I finish asking the question before you answer.
7 Even though some of the questions may be painfully
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8 obvious where I'm going, you still need to allow me to
9 finish the question so the record is clear, okay?
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10 A. Okay.
11 Q. And if I do ask a question and you don't
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12 understand it, if it's not as artfully put as it could
13 have been, please say so, because if you do answer the
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18 conversational as possible.
19 A. Okay.
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20 Q. Okay?
21 A. Yes.
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1 Q. You graduated from high school, then?
2 A. Yes, I did.
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3 Q. And where was that?
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5 Q. And where is Glen Este High School?
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6 A. It's located in Union Township.
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8 A. Clermont County.
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10 County? I must confess. Those of us in the state of
16 A. Yes, yes.
18 A. I did.
22 A. English.
24 A. Yes.
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1 A. I did not.
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3 then, after high school? If you worked at Starbucks or
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5 A. I've currently been with Lerner, Sampson
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6 & Rothfuss for 12 years, and prior to that, I worked for
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8 support for Procter & Gamble.
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10 A. Those were my two full-time jobs after
13 Rothfuss?
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15 Q. A what?
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16 A. A deed paralegal.
18 "D."
19 A. No.
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20 Q. Deed paralegal?
21 A. Deed paralegal.
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24 answer.
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1 BY MR. DOUGLASS:
2 Q. That's it?
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3 A. I also follow up on the deeds, send them
4 for recording.
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5 Q. So you prepare deeds, correct?
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6 A. Uh-huh.
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8 MR. DeBLASIS: Same objection. You can
9 answer.
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10 BY MR. DOUGLASS:
16 legal document.
24 prepared.
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1 BY MR. DOUGLASS:
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3 sheriff's deed?
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5 answered her best understanding of a deed. The
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6 function of Lerner, Sampson & Rothfuss is well
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8 A. The deed that I prepared is titled a
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10 BY MR. DOUGLASS:
15 A. No.
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18 A. I am, yes.
23 to be?
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1 Q. Do you have any personal contact with
2 MERS?
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3 A. I do not.
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5 MERS?
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6 MR. DeBLASIS: Objection as to the form
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8 A. Particularly with MERS, no.
9 BY MR. DOUGLASS:
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10 Q. Do you hold any positions with MERS?
14 A. No, I do not.
20 understand it.
23 BY MR. DOUGLASS:
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1 A. Yes.
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3 on behalf of MERS -- would you sign? Excuse me. I said
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5 the grammar for me.
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6 A. I would execute an assignment of
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8 Q. And how would it come to be that you
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10 A. Once our client sends us a referral, we
16 current lender.
22 mortgage.
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1 BY MR. DOUGLASS:
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3 MR. DeBLASIS: Objection. If you know,
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5 A. We have an assignment department of
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6 several employees that prepare the assignments.
7 BY MR. DOUGLASS:
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8 Q. And they would just, they do this -- do
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10 is necessary?
11 A. Yes. su
12 Q. And how do they do that?
15 our client.
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18 Q. Yes.
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1 instead of "us," you should say who you mean.
2 THE WITNESS: Okay.
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3 MR. DeBLASIS: And, then, with that, can
4 you restate the question?
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5 BY MR. DOUGLASS:
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6 Q. You said "the client." Would "the
7 client" be a lender? Who would they be? What would
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8 their status be, if you know?
9 MR. DOUGLASS: I'll object to the use of
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10 the word "status," but if you know, you can
11 answer, Shellie. su
12 A. Our client is the lender bank who is
13 sending us the referral.
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14 BY MR. DOUGLASS:
15 Q. Do they also send you a copy of the loan
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16 documents?
17 MR. DeBLASIS: Objection. That would be
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1 not to answer.
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3 please?
4 BY MR. DOUGLASS:
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5 Q. The package you get from the client, what
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6 would be in it?
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8 same instruction.
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10 also, for the court?
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1 BY MR. DOUGLASS:
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3 you, not the royal you of Lerner, Sampson, but do you
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5 it will be necessary to sign and assign, to execute an
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6 assignment?
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8 question as to form and ask you to break that
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10 "royal" as making a connotation that there's
19 person.
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1 BY MR. DOUGLASS:
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3 correct? That's one thing you do?
4 A. Correct.
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5 Q. How is it that it is communicated to you
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6 that it is necessary for you to sign the particular
7 document?
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8 MR. DeBLASIS: And the "you" there is
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10 MR. DOUGLASS: Yes. She's the one with
21 question.
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22 BY MR. DOUGLASS:
24 please?
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1 please?
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3 identification.)
4 BY MR. DOUGLASS:
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5 Q. Miss Hill, I had asked you to sign this
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6 blank piece of paper for me, which is now marked as Hill
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8 signed it, you then crossed it out. Is there a reason
9 for that?
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10 A. Yes. My pen wasn't working correctly.
13 upsweep.
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14 A. Yes.
18 yes.
20 time?
22 answered.
23 BY MR. DOUGLASS:
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25 your name?
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1 A. I would imagine that I have signed my
2 name.
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3 Q. Well, is this your typical signature or
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5 typically use?
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6 MR. DeBLASIS: Objection as to relevance.
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8 MR. DOUGLASS: Oh, this is highly
9 relevant.
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10 MR. DeBLASIS: Objection to
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1 BY MR. DOUGLASS:
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3 A. Could you please repeat the question?
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5 back?
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6 (The record was read.)
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8 answer.
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10 variations of my signature, I'm sure.
11 BY MR. DOUGLASS: su
12 Q. Okay.
16 the case, you may get on with it, but we're not
22 BY MR. DOUGLASS:
24 you not?
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25 A. I did.
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1 MR. DeBLASIS: Objection. Do you want to
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3 MR. DOUGLASS: When I choose to, yes.
4 BY MR. DOUGLASS:
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5 Q. Do you remember signing an affidavit in
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6 connection with this case, Miss Hill?
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8 answer if you remember.
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10 did sign an affidavit on this case.
11 BY MR. DOUGLASS: su
12 Q. Okay. Do you know who prepared that
13 affidavit?
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14 A. No, I do not.
20 BY MR. DOUGLASS:
24 reviewed it or not.
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25 Q. Okay.
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1 (Defendants' Exhibit 2 was marked for
2 identification.)
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3 BY MR. DOUGLASS:
4 Q. I'm going to hand you what's been marked
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5 for identification purposes as Hill Exhibit 2. Would
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6 you please take a look at that and tell us what it is,
7 if you know?
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8 A. An affidavit.
9 Q. Did you execute this document?
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10 A. Yes, I did.
11 Q. Do you know who prepared it?
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12 A. No, I do not.
13 Q. But you're not the author, are you?
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14 A. I am not.
15 Q. There is an Exhibit A attached to this
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24 particularly the S?
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1 is not qualified as a handwriting expert. If
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3 A. I would agree that the S's are different.
4 BY MR. DOUGLASS:
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5 Q. You see the 31st of May. Whose
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6 handwriting is that?
7 A. That's my handwriting.
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8 Q. And below it, "Ohio" and "Hamilton," is
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10 A. That is my handwriting, also.
15 give it.
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18 BY MR. DOUGLASS:
24 assignments of mortgage.
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1 affidavit?
2 A. Yes.
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3 Q. And that refers to GMAC Mortgage, does it
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5 A. Yes.
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6 Q. Could you look at the Assignment of
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8 MR. DeBLASIS: Objection. You can
9 answer.
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10 A. GMAC does not appear on this Assignment
11 of Mortgage. su
12 BY MR. DOUGLASS:
19 BY MR. DOUGLASS:
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21 is?
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22 A. I do not.
24 business currently?
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25 A. No, I do not.
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1 Q. Do you know whether or not they were in
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3 A. I do not recall.
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5 lists GMAC Mortgage. Do you have any similar resolution
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6 for SouthStar Funding? Are you familiar with any such
7 document?
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8 A. Not to my knowledge, no.
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10 Are you familiar with it? Is such a document out there?
11 Do you know? su
12 A. I'm not sure.
14 A. Yes, I am.
15 Q. Who is Karen?
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18 Q. In what capacity?
24 assistant.
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1 BY MR. DOUGLASS:
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3 MR. DeBLASIS: Objection. And, again,
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5 attorney-client privilege.
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6 A. She assists attorneys.
7 BY MR. DOUGLASS:
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8 Q. What does she do to assist attorneys? Do
9 you know?
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10 MR. DeBLASIS: Same objection. You don't
13 BY MR. DOUGLASS:
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16 A?
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1 Q. Was the person who brought it to your
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3 Sampson & Rothfuss, if you know?
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5 Rothfuss.
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6 Q. Is there any document that you're aware
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8 document?
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10 particular document?
20 BY MR. DOUGLASS:
23 it not?
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24 A. Yes, it does.
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1 correct?
2 A. Yes, it is.
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3 Q. And the next person, a Mindy Czarnecki?
4 A. Yes.
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5 Q. Who is Mindy?
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6 MR. DeBLASIS: Objection. Beyond the
7 scope of discovery. Relevance. You can answer
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8 if you know.
9 A. Mindy is also an employee of Lerner,
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10 Sampson & Rothfuss.
11 BY MR. DOUGLASS: su
12 Q. In what capacity?
13 MR. DeBLASIS: Objection. Beyond the
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18 BY MR. DOUGLASS:
19 Q. Teresa Miller?
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24 Q. In what capacity?
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1 instruction.
2 MR. DOUGLASS: Certify it.
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3 BY MR. DOUGLASS:
4 Q. Kevin Prieshoff?
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5 A. Kevin also works for Lerner, Sampson &
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6 Rothfuss.
7 Q. In what capacity?
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8 MR. DeBLASIS: Same objection. Same
9 instruction.
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10 MR. DOUGLASS: Certify it.
11 BY MR. DOUGLASS: su
12 Q. Richard Rothfuss?
13 A. Also with Lerner, Sampson & Rothfuss.
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16 instruction.
17 MR. DOUGLASS: Certify it.
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18 BY MR. DOUGLASS:
19 Q. Colleen Stanchfield?
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22 Q. In what capacity?
23 MR. DeBLASIS: Same objection. Same
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24 instruction.
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1 BY MR. DOUGLASS:
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3 these people received any compensation whatsoever from
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5 MR. DeBLASIS: You can answer, Shellie.
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6 A. I am not aware.
7 BY MR. DOUGLASS:
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8 Q. But you do not, correct?
9 A. I do not.
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10 Q. You don't get a W-2, a 1099, nothing from
11 them, right? su
12 A. I do not.
14 A. Correct.
16 answered.
17 BY MR. DOUGLASS:
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1 this in 2007, but my procedure is to review the
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3 documents.
4 BY MR. DOUGLASS:
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5 Q. The mortgage loan or the mortgage deed?
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6 A. The mortgage loan.
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8 the whether this witness understands the
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10 mortgage deed.
11 BY MR. DOUGLASS: su
12 Q. You said you have a procedure. Would you
19 BY MR. DOUGLASS:
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21 at?
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22 A. The referral.
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1 MR. DeBLASIS: Objection. Asked and
2 answered.
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3 A. A certificate of title --
4 BY MR. DOUGLASS:
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5 Q. What is that?
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6 A. -- and the mortgage.
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8 certificate of title?
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10 for a legal conclusion. You can answer if you
11 know. su
12 A. My understanding of a title is the title
16 BY MR. DOUGLASS:
18 certificate of title?
19 A. Yes.
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23 BY MR. DOUGLASS:
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24 Q. If you know.
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1 conclusion of law. You can answer if you know.
2 A. Yes.
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3 BY MR. DOUGLASS:
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5 attached to the complaint of foreclosure, generally
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6 speaking?
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8 BY MR. DOUGLASS:
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10 MR. DeBLASIS: Please let me restate my
16 BY MR. DOUGLASS:
20 A. Yes.
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1 answer.
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3 BY MR. DOUGLASS:
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5 does that come from, if you know?
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6 A. The title report comes from a title
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8 Q. When do you order that? Certainly after
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10 foreclose, correct?
11 A. Yes. su
12 Q. And your client would be the lender,
13 correct?
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14 A. Yes.
17 A. Correct.
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21 if you know.
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22 A. Yes.
23 BY MR. DOUGLASS:
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1 A. With this particular loan?
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3 A. Yes.
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5 you did?
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6 A. I don't recall.
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8 identification.)
9 BY MR. DOUGLASS:
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10 Q. I've handed you what's been marked for
15 it.
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23 looking at.
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1 But if you know, Shellie, you can answer.
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3 looks like a blank of allonge of note. I don't see that
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5 BY MR. DOUGLASS:
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6 Q. Do you know the effect of a blank
7 allonge?
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8 MR. DeBLASIS: Objection. Calls for a
9 conclusion of law.
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10 BY MR. DOUGLASS:
12 A. I do not know.
15 correct, or entity?
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18 BY MR. DOUGLASS:
24 A. I do not know.
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1 BY MR. DOUGLASS:
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3 purported to execute this document on behalf of
4 SouthStar?
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5 A. No. I do not know this person.
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6 Q. Have you ever had any communications of
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8 of those names that could be either.
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10 Q. Are you familiar with a company by the
14 BY MR. DOUGLASS:
18 answer.
20 BY MR. DOUGLASS:
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1 Q. You, as an employee of Lerner, Sampson &
2 Rothfuss, have you dealt with them? Do you know?
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3 MR. DeBLASIS: Objection. Relevance.
4 You can answer.
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5 A. I'm not sure I understand exactly what
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6 you mean, have I "dealt with them."
7 BY MR. DOUGLASS:
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8 Q. Have you executed any documents on their
9 behalf?
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10 MR. DeBLASIS: Same objection. I'll
11 instruct you not to answer subject to
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12 attorney-client privilege.
13 (Defendants' Exhibit 4 was marked for
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14 identification.)
15 BY MR. DOUGLASS:
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22 A. Yes.
23 Q. Who wrote "30" and "December"?
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25 that.
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1 Q. Okay. And then Shelley Dirr notarized
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3 A. Yes, she did.
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5 "December 30, 2009," whose handwriting is that, if you
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6 know?
7 A. It is not my handwriting.
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8 Q. And this instrument was prepared by
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10 A. Yes, it was.
14 answer.
18 BY MR. DOUGLASS:
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1 MR. DeBLASIS: Objection as to the
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3 objection as to any privileged communications
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5 BY MR. DOUGLASS:
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6 Q. Did the client instruct you to sign this?
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8 instruction, unless you want to identify the
9 client.
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10 MR. DOUGLASS: I don't know.
11 MR. DeBLASIS:
su Okay. Then same
12 instruction.
13 BY MR. DOUGLASS:
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22 our system.
23 BY MR. DOUGLASS:
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1 MR. DeBLASIS: Asked and answered.
2 Objection.
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3 A. I could assume by looking at this who the
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5 BY MR. DOUGLASS:
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6 Q. Okay. Fair enough.
7 A. Yeah.
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8 Q. And then on this document, we have "LS&R
9 Number 200957134."
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10 A. Yes.
11 Q. What is that?
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12 MR. DeBLASIS: Objection. Relevance.
15 case?
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17 BY MR. DOUGLASS:
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21 it?
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25 client.
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1 BY MR. DOUGLASS:
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3 probably?
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5 answer if you know.
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6 A. Again, in this particular case, I'm
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8 I would look this file up on our system.
9 BY MR. DOUGLASS:
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10 Q. And this signature appears to be very
13 A. Yes, it does.
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17 A. Okay.
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20 affidavit as well.
22 A. Yes.
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1 MR. DeBLASIS: Objection as to relevance.
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3 A. Our client's loan number.
4 BY MR. DOUGLASS:
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5 Q. Your "client" being?
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6 MR. DeBLASIS: Objection. You can answer
7 if you know.
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8 A. At the time, in this particular case,
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10 BY MR. DOUGLASS:
16 they are.
17 Who is Homecomings?
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21 BY MR. DOUGLASS:
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25 answer.
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1 A. I know that they were a financial
2 institution, yes.
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3 BY MR. DOUGLASS:
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5 MR. DeBLASIS: Same objection. You can
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6 answer.
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8 BY MR. DOUGLASS:
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10 A. I'm not sure, no.
16 BY MR. DOUGLASS:
21 obviously?
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22 A. Correct.
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1 MR. DeBLASIS: Objection. Asked and
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3 A. I would have reviewed the title and the
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5 current holder in this case would have shown as MERS,
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6 then I would have executed the document.
7 BY MR. DOUGLASS:
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8 Q. Now, you're a vice president of MERS,
9 correct?
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10 A. I'm listed as a vice president of MERS.
14 A. I do not.
22 witness.
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1 ask the questions from your chair across the
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3 BY MR. DOUGLASS:
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5 MR. DeBLASIS: I will object to the
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6 question. Is there a reason why you can't sit
7 down?
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8 MR. DOUGLASS: I don't choose to.
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10 and instruct her not to answer. Let the record
16 witness to answer.
19 BY MR. DOUGLASS:
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1 seat and calmly ask the questions.
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3 question. If you would please allow me to
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5 interruption, I would greatly appreciate it.
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6 BY MR. DOUGLASS:
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8 MR. DeBLASIS: Thank you.
9 BY MR. DOUGLASS:
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10 Q. I hope you're pleased. Would you like to
15 A. I do not know.
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21 A. I do not recall.
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23 A. No, I do not.
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25 do you?
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1 A. I do not.
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3 Assignment of Mortgage attached to your affidavit is not
4 yours, is it?
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5 MR. DeBLASIS: Objection. Just so I
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6 understand the question, are you referring to
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8 BY MR. DOUGLASS:
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10 A. I do not. Which document are you
11 referring to? su
12 Q. Exhibit A attached to your affidavit is
13 an Assignment of Mortgage.
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14 A. Okay.
18 by chance?
19 A. Yes, I do.
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23 driver's license.
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25 with you?
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1 A. I do not.
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3 mind, ma'am, I would like to take a break.
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5 record.
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6 THE WITNESS: Thank you.
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8 MR. DOUGLASS: At this point, pending
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10 have any more questions for you, but we're going
18 Exhibit 1?
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1 and sign.
2
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____________________________
3 SHELLIE HILL
4 - - -
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5 DEPOSITION CONCLUDED AT 10:10 A.M.
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1 C E R T I F I C A T E
2 State of Ohio :
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: SS
3 County of Hamilton :
4 I, Susan M. Gee, RMR, CRR, the undersigned, a
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5 duly commissioned notary public within and for the State
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6 of Ohio, do hereby certify that before the giving of her
7 aforesaid deposition, SHELLIE HILL was by me first duly
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8 sworn to depose the truth, the whole truth and nothing
9 but the truth; that the foregoing is the deposition
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10 given at said time and place by SHELLIE HILL; that said
11 deposition was taken in all respects pursuant to
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12 stipulations of counsel; that I am neither a relative of
13 nor employee of any of their parties or their counsel,
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22
_______________________________
23 My commission expires: S/ Susan M. Gee, RMR, CRR
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25