Professional Documents
Culture Documents
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vs.
Plaintiff,
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CASE NO. 1W_-_~
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Defendants. )
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EXHIBIT
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I ~ [JORIGINAL
:;
12
13 I N D E X
14 .!:AGE
17
18
I EXHIBITS
191
I NUMBER DESCR]:PTION PAGE,
201 pe~ants:
2"11 1 Note 11
) 25
.• -:
11 whereupon,
''I
21 CYNTHIA STEVENS,
61 BY MR. POWELL:
8 A. cynthia stevens.
9 Q. cynthia, have you ever had your deposition taken
101 before?
11 A. Yes, sir.
~;I
18
you probably know all this; but if we can get verbal answers
to the questions, that's preferable so that the court
reporter can get that down; and, also, we'll try and not
20) reporter.
21 And with that, I will get started.
41 Mortgage?
5 A. since February of 2009.
201 of 2009?
21 A. No, si r. I was hired as the supervisor of the
221 department.
31 portfolio?
4 A. The number of loans varies between the position.
51 In my current position as a senior, my portfolio consists
61 of between zero to 200 loans.
7 Q. DO you know how many you have right now?
8 A. About 188.
9 In just a specialist's position, they can have
101 anywhere from zero to 300.
11! A supervisor's portfolio is usually not over SO
15 A. Correct.
16 Q .• Are the 188 that: you have now, are those al l
171 Florida mortgages or cases?
18 A. No, S1 1'.
10 A. Yes, s-ir.
11 Q. And what exactly do you do in terms of responding
121 to or dealing with affirmative defenses in a litigation
131 case?
14 A. We deal with the attorneys, our counsel, in
151 helping researching issues. signing discovery, appearing
161 at hearings, trials, depositions, research.
17 Q. If there's a counterclaim filed in a mortgage
181 foreclosure case, would that be something that ydu'd deal
191 with as well?
20 A. Yes, s i r ,
21i Q. And would it be a similar set of research, dealing
221 with hearings and things?
23 A. Yes, sir, If a -- an example, in a nonjudicial
241 foreclosure, if a TRO was filed, a temporary restraining
251 order, that would stay with the general clenial group; but
8
A.
Did you go to college?
No, st r.
j
251 Q. Do you have any special certifications or I gues~ __
....... _ ..... _ __
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11 noncollegiate degrees?
2 A. No, s i r.
10
81 execute it?
9 A. The person whose file, if they're available, I
11
12
5 A. No, S1r.
6 Q. Have you ever heard of somebody named Ryan
71 cr+sctcne?
A. NO, sir.
:1 Q. SO you're not familiar with him?
101 A. No, sir.
161 notes?
I
A. No, si 1'.
171
18 Q. Before today have you eve r seen ---I think you
191 answered this already; but have you ever seen this note?
A copy of it, yes, sir.
2°1, A.
211 Q. okay. Do you understand what the definition of
221 origination documents might be?
23 A. Yes, si r,
1 A. Yes, sir.
'j
2 Q. Have you ever reviewed the origination documents
31 in thi s case?
.~'
4 A. Yes, si r.
5 Q. I have here the affidavit of indebtedness which
61 is filed on May 14th, 2009, so I donlt think we need to make
7 it an exhibit.
81 tl,S, EVANS: It I S been wi thd rawn .
91 BY MR. POWELL:
10 Q. Thatls fine; but I want to show this to you, so we
111 donlt need to have this as an exhibit, but I just have a
12 question.
131 First of all, do you know who Michelle Haylard is?
16 A. NO, sir.
17 Q. Does she work for American Home Mortgage
181 se rvici ng?
19 A. Yes I si r .
20 Q. Do you know what her position is?
21! A. she's the foreclosures document support manager.
221 Q. Does she work in the same office that you do?
251 B-A-Y-L-E-S-S.
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.•. ... "~.,--~--,
15
1 A. Yes, sir.
2 Q. Linda. Does she work for American Home Mortgage?
121 i s7
3
the documents for this the name option One Mortgage
corporation?
A. NO, sir.
1 I
Q. so we've discussed the note and the endorsement
:1 in blank and you've testified that your understanding is
61 that that transfers an interest in the note.
71 Do you know when the transfer of this note took
81 place and to whom?
241 now as 2.
25 (Exhibit Number 2 was marked for identification.)
17
11 BY MR. POWELL:
2 Q. SO if you could just take a look at this, and
5 A. Yes, si r.
6 Q. DO you know who Ron Meharg is?
7 A. No, sir.
Q. Do you know who the company DocX is? I
:1 A. I've heard of them, yes, sir.
I
Q. Have you ever worked for them? !
1°1
11i A. No, sir.
12 Q. Have you ever seen documents that were produced
13! by DOCX, by this company?
14, A. Yes, si r.
i
18
11 says, "In witness whereof". Can you see what that date is?
2 A. May 13th of '09.
31I Q. And then four or five lines up from there,
.
there's
4); something that says, "Miscellaneous comments". Can you read
5. that?
j
6 A. "Assignment effective date, 5-7-09."
7 Q. NOW, you've testified that your understanding is
31 that this note was transferred in 2007. Do you have any
9i idea why an assignment was created in 20097
10 A. NO, si r.
11 Q. Have you ever seen in your work at Ameri can Home
121 MOI<tgage assignments that were created after a loan was
131 allegedly transferred?
)
14 A. I've seen it in my i6-year career.
15 Q. How often have you seen that?
16 A. A lot.
17 Q. A lot.
18 A. Assignments are not usually done until a
191 foreclosure process starts.. That's what I've noticed,
201 anyway.
20
21 date?
41 of 2007.
251 30.
21
11 A. okay.
21 Q. Referring to the highlighted segments there, what
31 is that highlighted language referring to? And you can just
22
:1 Q. Yeah.
51 A. This mortgage, if you look in the number at the
7 Q. uh-huh.
8 A. -- that is basically the identifier of this
91 mortgage and that's the number that's found on the mortgage
101 loan schedule.
11 Every mortgage has an identifier number on +t when
121 it's originated.
13 Q. Is there anything else that would identify this
141 loan on that mortgage loan schedule that you can recall,
151 because we don't have it he re?
16 A. I look for that number.
17 Q. You just look for the number?
18. A. Yes.
19 Q. But the address of the property. do you recall if
201 that's there?
21 A. I don t remember.
I
-----_ _ __ ..
24
A. Yes.
:1 Q. And where does that money g~?
A. On the loan.
:1 Q. But is it paid to someone? You se rvi ce th e ']oan .
13 A. I don't know.
)
14 Q. Do you know how many loans that are found in
151 thi s trust POQ 1, the Ameri can Home 140rtgage Asset Trust
161 2007-1, Mortgage-Backed pass-Through certificates, series
171 2007-1, are serviced by AHMSI?
18 A. According to the pooling and servicing agreement,
191 there appears to be over 3,000 loans.
201 Q. Are they all serviced by AHMSI?
A. I don't know.
211
22 Q. Do you know how many of them are in default?
25
1 A~ Don't know.
2 Q. What department within AHMSI makes a decision to
31 foreclose?
4 A. The note.
5 Q. Is there a particular department, though, that
61 says now it "s time to fo rec'lose?
7 A. The note the terms of the note determines when
81 it's in default.
91
I Q. uh-huh ,
16 Q. okay.
17 A. But that's my assumption. Once that notice of
18 intent letter expires, the loan is referred to an attorney
19 for foreclosure; and that's general industry practice.
20 Q. Is it typi ca 1 'that the attorneys i nvo 1ved 'j n a
26
11 number of reasons,
2 Q. okay. And is that a decision that gets made
131 you; and I was goi ng to ask you some questi ons about what
14! your understanding of the amount owed at this time is; and
151 you may not have the answer to that, based on not having
161 something in front of you. But do you happen to know at
171 this point, today, what is the amount owed on this loan?
18 A. No, sir.
221 I
A. I don't know what; that means.
231 Q. Hard costs -- well, have there been any expenses
241 that were advanced? For instance, insurance or taxes?
25 A. I don't know.
'"
27
21 A. No, s i r .
22 Q. ,So you've never si gned or drafted an aff i davit of
28
1 A. I do.
2 Q. Does cindy Ellis work for AHMsr?
3 A. Yes, sir.
5 A. NO, si r .
21 A. Deutsche Bank.
I
29
30
9 A. Yes, si r ,
10 Q. DO you persona11y recall ever seeing more than
111 one that looked like it had a different signature on it?
121 A. NO, s i r.
31
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11 decision at AHMSI? Is it AHMSI or is it the investor?
71 loan?
8 A. I wasn't done.
9 Q. sorry.
10 A. If it's something that's presented to me that
111 I don't feel is reasonable but could make sense, I can
12 take it to management, to my manager. It just depends
131 upon what the settlement is.
14 Q. NOW, are there a set of guidelines that you
151 follow or is it specific to each one?
1 A. No, si r.
2 Q. If a loan modification application was submitted
31 in a litigation file that's in your portfolio, what do you
41 do with it?
5 A. It comes to me. I then forward it to the real
61 to the HPO, home ownership preservation department; and
71 they review it and they let me know what the outcome is.
8 That's actually the department cindy Ellis is the
91 supervisor of.
10 Q. DO you know whether there's been a modification
111 application submitted in this case?
12 A. I do not know.
13 MR. POWELL: I think that i~ it.
33
'" 1 C, you testified that you did not know that man.
)
2 A. Yes.
4 A. Yes.
5 Q. Would you typically know the people who sign an
7
61 endor-sement of the note?
A. NO, ma'am.
I
w
8 Q. DO you recall testifying that the note in this
.
I
I
91 case was transferred January 1, 2007, based upon your revt ew I
12
A.
Q.
Yes.
34
4 that's--
5 Q. Is it a formal notice to the public of something
61 that's already happened?
7: A. Yes. That's a better way to put it.
1 A. Yes.
2 Q. counsel asked you if you had knowledge sitting
31 here today without access to any records whether you know
41 the exact amount owed on the loan at this time and you
5 stated that you did not. Do you recall that testimony?
6 A. Correct. Yes.
7 Q. would there be records in the file that you
81 could access that would allow you to provide the exact
91 amount owed at this time?
10 A. Yes.
11 Q. would you also be able to access records if they
121 wet'e available to you right now to testify to the hard costs
131 paid by AHMSI, such as insurance or taxes?
14 A. Yes.
15 Q. This deposition was noticed today as a corporate
161 representative of the plaintiff, Deutsche Bank; but you
171 have testified that you're an employee of the servicing
181 agent, American Home Mortgage servicing, correct?
19 A. Yes, ma'am.
20 Q. Is American Home Mortgage authorized by Deutsche
211 Bank to send an AHMSI employee to this deposition on behalf
221 of Deutsche Bank?
23 A. Yes, ma'am.
24 MS. EVANS: okay. That's all I've got.
1
25 i MR. POWELL: okay. Just a couple of quick
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36
" 1 ones.
I
2 REDIRECT EXAMINATION
31 BY MR. POWELL;
4 Q. You testified just now that -- and you testified
51 in my original examination that you don't know who the
61
I person that endorsed this note is and you normally wouldn't,
7! Do you know who would?
81 A. NO, si r. somebody at American Brokers conduit.
91 Q. In th'!s part; cul ar case?
101 A. Yes, si r .
111 Q. okay. And there was a discussion in the cross
121 I'egarding the transfer of the note and mortgage into thi s
131 trust pool. YOU testified that it was based on your
141 expe 1'; en ce and you r rev; ew of the pool i ng and S6 rvi ci n9
151 agreement that you know that this happened.
161 DO you have personal knowl edge that thi s note
171 and mortgage were transferred to this pool?
18 A. Yes, sir.
19 MS. EVANS: What was the answer? I'm sorry. I
10 I and note'?
11 A. Not that I've ever seen, not that I looked for.
12 Q. Do you know whether the pooling and servicing
131 agreement has any 1anguage in there reqar-dt ng how
14 assignments must be drafted, who they must be assigned to .
15 and whether or not there's a series of steps that have to be I
I
16 gone through in order for a proper transfer to happen?
17 A. I don't know.
18 Q. Do you know what a REt4IC document is?
19 A. No, sir.
20 MR. POWELL: That's all.
21 MS. EVANS: NO follow-up.
22 (A discussion was held off the record concerning
231 the reading and signing of the deposition.)
24 THE WITNESS; No, I'm going to read.
25 (Deposition concluded.)
38
1 ERRATA SHEET
r
2! DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES
3
DEPOSITION OF: CYNTHIA STEVENS
4
DATE OF DEPOSITION: February 17, 2011
5
RE; DEUTSCHE BANK VS •••••••• =-_11'1
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2. INTEREST
Interest will be charged en unpaid Principal until the full amount has been paid. I will pay interest at a yearly
rate of --L.rul.ll-% until 'lOVembM' 30 ?OM, and the initial monthly payment provided for in Section 3(B)
of this Note will be based' Oil this rate (the. "Initial Rate"), Commencing ....nene:mbeLL.....2J1llL 1 will pay
interest at a yearly rate of B. 577 % (the "Subsequent Rate"). Thereafter •.theinterest rate I will pay may
change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of
this Note is the interest rate I will pay both before and after any default described in Section 7(13) of this Note,
Solely for the purpose of computing interest, a monthly payment received by tbe Note Holder 'within 30 days
prior or after tho date it is due will be deemedto be paid on such due date.
3. PAYMENTS
(A) Time and Place of Payments
I will pay Principal and interest by making payments every month. In this Note, unless otherwise specified
"payment" refers (0 the Principal and interest payment only; although other charges such as taxes, insurance
and/or late charges may also be payable with the monthly payment.
,
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I will make my monthly payments on. the 1st day of each month beginning on January 1, 2007
I will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied to interest before
Principal. If, on December 1 ( 2046 I still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date".
I will make my monthly payments at po Box 66"0029 Da" as TlC 75266:Q029
_________________ -'orala dlffcrent place if required by the Note H older.
(B) Amount of My Initial Monthly Payments
Each of my monthly payments until the first Payment Change Date will be in the amount of U.S.
$ 809.14 .» unless adjusted at an earlier time under Section 4(H) of this Note.
(C) Payment Changes
My monthly payment wilt be recomputed, according to Sections 4(B)(F)(G)(H) and (1) of this Note, to reflect
changes in the Principal balance and interest rate that I must pay. The Note Helder will determine.my new
interest rate and the changed amount of my monthly payment in accordance with Section 4 of'this Note:
P'ge2.f7 PI-
nee it 944153/:\:""9'" .944753.prn AWV QQ09'isn JUIj\{.2030N(FL) (0105)
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maximum interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in effect at
the time of such sale or transfer,
6. LOAN CHARGES
If a law, which applies to this loan and which. sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any St.lCU loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit, and (b) any sums already collected from me which exceeded permitted limits will be refunded to mo. The
Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a
direct payment to me. If a refund reduces Principal, the reduction-will be treated as a partial Prepayment.
Miscellaneous Fees: I understand that the Note Holder will also charge a return item charge, in an amount
permitted and otherwise in accordance with, Applicable Law in tho event a payment that I make in connection
with repayment of th.is loan is not honored by the financial institution on which it is drawn. Lender reserves the
right to change the fee from time to time without notice except as may be required by law.
Page4()f1 FE-
pee j/ 9447$51!~9'" %475S.p::;n App# ooo~n AlIM.2030N(FL){0106)
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8, GIViNG OF NOTICES
Unless Applicable Law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if! give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class
mail to the Note Holder at the address stated in Section 3(A) above or-at a different address if I am given a notice
of that different address.
10. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Prescntmeat" means the right to require the Note Holder to demand payment of amounts due, "Notice
of Dishonor" means the right to require the Note Bolder to give notice to ethel' persons that amounts due have not
been paid,
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Security Instrument, However, this option shalt not be exercised by Lender if such exercise is prohibited
by Applicable Law. Lender also shall not exercise this option if: (a) the request to assume is made after
one year following recordation or the Deed of Trust, (b) Borrower causes to be submitted to Lender
information required by Lender to evaluate the intended transferee as if a new loan were being made to the
transferee; and (c) Lender reasonably determines that Lender's security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security Instrument or other
obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming party
executes Assumption Agreement acceptable to Lender at its sale choice and discretion, which Agreement
may include an increase to Cap as set forth below and (6) payment of Assumption Fee if requested by
Lender..
To the extent permined by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption and Lender may increase the maximum rate limit to the higher of
the Cap or 5 percentage points greater than the interest rate ill effect at the time of the transfer. Lender may
also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates
the transferee to keep all the promises and agreements made in the Note and in this Security Instrument,
Borrower will continue to be obligated under the Note and this Security Instrumentunless Lender has
entered into a written Assumption Agreement with transferee and formally releases Borrower.
If Lender exercises this option, Lender shall give Borrower. notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with Section
15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
Pago60f7 FL
Doc 3 944'7S7/Ima9Q, 944?S1.pm 1\pp#.00_892 AlL\f ..203QJ\'(FL) (0106)
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-Bcrrewer -Bcrrcwer
fAYTO'l1lt DRIJEi/ OF
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. Plg.1 of7 FL
nee J 9~4758/I"'age: 944758.prn IIppi OO~93 AHM-2030N(FL} (0106)
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"""" ••••••••••• r 000 Type .MG, Pages 2, Reoo!'ceQ. "&1 9 _at 08,2;1 llliI,
Charlie Gree", La" County cl"r~ of Cirouit court, Rae. :reEl $18,50 Deputy
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ASSIGNMENT OF MORTGAGE
FCR Gc.oll AND VAJ,tJAIlL"&CCmS!J)lIRA TI01'1, the receipt and surr."lenc~-cfwhich Is hereby
.cknowl::dgod, MORTGAGE ELECTRONIC llEGlSTMTION SYSTEMS,INC, AS NOMINEE FOil.
AMERlCAN :aEOKERS CONDUIT whese address is 65U1 Irvin' Center Dflvt,lfVtnt, CA 9.1618. aces
1
by tr,\:'se presents: hereby §rd.iJ4 bergaln, self, asstgn. transfer, eonvey, set ever and deliver unto Deut;tche 8!!.nk
NatlotJa!'tril3t Cempeny as Trustee rcr American Home Mortgage .usets Tnut l001--1
M(!rtg~ge~.BSI.~kcdPU$s-Thrttugh Ccrtifi.C:ttes, Serfes 20O-1~1,whose address Is 17(:ilEast St, Andrcw Place
.•::v.~1 Santa- Ane, CA 9210,5..-4934 the f()Jl()Wirlgd~)t:rlhed mortgage, securing Ihe payment-ora certaln promIssory
1
I"Icte(,<;} for the sum Hskd below, togeiher with all dghts therein and tbcreto, all I!eM created Or S1;tU."'Cd1hereby*
all obUgatitns therein described, the mC;1CY due and to become due thereon witlt jr)t~(~ and all rights accrued
¢r to accrue uncle!" ,*U1!h mortgage.
jil'"" BO'"""'$5); ,A h1\RRlED WOMAN, JOiNED BY HeR SPOUSE
'1Z009.
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Witncss: Chrhtina Huang it
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Tywalm. Thorn as
AS$t. Secretary
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