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IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO

9/20/2010

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vs.

-----------------------------THE BANK OF NEW YORK, etc., Plaintiff,

JAMES M. UNGER, et al.,

Defendants.

-----------------------------Deposition of: Taken: Date: Time: Place:

: : : : : : : : : : :

Case No. CV 09 711343

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Before:

SHELLIE HILL By the Defendants Pursuant to Notice September 20, 2010 Commencing at 9:05 a.m. Waite, Schneider, Bayless & Chesley Co., L.P.A. 1513 Fourth & Vine Tower One West Fourth Street Cincinnati, Ohio 45202

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Susan M. Gee, RMR, CRR Notary Public - State of Ohio

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APPEARANCES: On behalf of the Plaintiff: David F. Hanson, Esq. of Manley Deas Kochalski, LLC 495 South High Street, Suite 300 Columbus, Ohio 43215 Phone: (614) 220-5611 Email: dfh@mdk-llc.com

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On behalf of the Defendants James and Kelly Unger: James R. Douglass, Esq. of James R. Douglass Co., L.P.A. 20521 Chagrin Boulevard, Suite D Shaker Heights, Ohio 44122 Phone: (216) 991-7640 Email: firedcoach@aol.com

On behalf of the witness: Rick D. DeBlasis, Esq. of Lerner, Sampson & Rothfuss 120 East Fourth Street Eighth Floor Cincinnati, Ohio 45202 Phone: (513) 241-3100 Email: rdd@lsrlaw.com Also Present:

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Robert Todd, law clerk, Lerner, Sampson & Rothfuss - - -

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EXHIBITS

I N D E X PAGE

SHELLIE HILL Cross-Examination by Mr. Douglass 4

MARKED Exhibit Exhibit Exhibit Exhibit 1 2 3 4 - - 17 21 34 37

REFERENCED 17 21 34 37

Defendants' Defendants' Defendants' Defendants'

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before? A. Q. 45102. Q. record? A. Q. A. follows: Q. A. Q.

SHELLIE HILL

of lawful age, a witness herein, being first duly sworn as hereinafter certified, was examined and deposed as

CROSS-EXAMINATION

BY MR. DOUGLASS: Good morning. My name is Jim Douglass.

I represent Mr. and Mrs. Unger in a matter that's currently pending before the Cuyahoga County Court of Common Pleas. It's the Bank of New York Mellon Trust

Company versus Unger is the caption of the complaint.

road, so to speak?

because our court reporter cannot take down nods of the

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Would you mind stating your name for the

Shellie Hill. And your residence address? 3911 Pebble Creek Lane, Amelia, Ohio,

Have you ever had your deposition taken

Yes, I have.

So you're familiar with the rules of the

I believe so, yes.

You know you have to answer audibly,

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head -A. Q. A. Q. A. Q. A. Q. A. Q. A.

Yes. -- and other such gestures, right? Yes. And, also, you know that you should wait

until I finish asking the question before you answer. Even though some of the questions may be painfully obvious where I'm going, you still need to allow me to finish the question so the record is clear, okay? Okay. And if I do ask a question and you don't

understand it, if it's not as artfully put as it could have been, please say so, because if you do answer the question, it's going to be presumed that you understood the question, and so your answer will be taken as an answer to the question. This isn't a trap. I'm not trying to confuse you.

conversational as possible. Okay. Okay? Yes.

educational background?

couple classes in college, but I did not finish.

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I want to keep this as low key and

Could you briefly give me your

Twelve years of school, and I did do a

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Q. A. Q. A. Q. A. Q. A. Q. County? Ohio. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q.

You graduated from high school, then? Yes, I did. And where was that? Glen Este High School. And where is Glen Este High School? It's located in Union Township. And Union Township is -Clermont County. In Clermont County. Where's Clermont

Cuyahoga know nothing about the rest of the state of

minutes east of here.

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Yes.

I must confess.

Those of us in the state of

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Yes, yes. I did. English.

It's about 30, a little less than 30

So it's somewhat of a suburb?

And then you took college classes?

And where did you take those? The University of Cincinnati.

And what area of study were you in?

But it was just a couple of classes?

You didn't finish even the freshman year?

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"D." A. Q. A. Q. A. Q. A. Q. A. Q. Rothfuss? A. Q. A. Q. A.

I did not. And then what's your employment history, If you worked at Starbucks or

then, after high school?

something, I'm not interested in that. I've currently been with Lerner, Sampson

& Rothfuss for 12 years, and prior to that, I worked for a computer solutions company where we did computer support for Procter & Gamble.

high school, yes.

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No. answer.

Do you have any other employment at all? Those were my two full-time jobs after

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A what? Deed? Oh.

What is your job at Lerner, Sampson &

I'm currently a deed paralegal.

A deed paralegal.

Deed paralegal? Deed paralegal.

What does a deed paralegal do? MR. DeBLASIS: Objection.

I currently prepare deeds.

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I thought I heard the word

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You can

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Q. A. Q. A. Q. Q. A. Q. A. Q. A. prepared.

BY MR. DOUGLASS: That's it? I also follow up on the deeds, send them

for recording. So you prepare deeds, correct? Uh-huh. What type of deeds would you prepare? MR. DeBLASIS: Same objection. You can

BY MR. DOUGLASS:

company to another, from one holder to another. So would that be an assignment?

legal document.

property from the mortgage holder to our lender.

understand it is once the property goes to sale, we deed the property back to whomever, and that's when a deed is

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answer. No.

If that question made any sense at all. Where we're deeding the property from one

legal conclusion.

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An assignment would be a different

What's the difference? MR. DeBLASIS:

An assignment of mortgage transfers the

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Objection. Calls for a You can answer if you know. How I

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to be? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q.

BY MR. DOUGLASS: So the deed you would prepare would be a

sheriff's deed? MR. DeBLASIS: Objection. I think she's The

answered her best understanding of a deed.

function of Lerner, Sampson & Rothfuss is well beyond the scope of discovery. The deed that I prepared is titled a

sheriff's deed, yes. BY MR. DOUGLASS:

responsibilities at Lerner, Sampson?

name of Mortgage Electronic Registration Systems? I am, yes.

company that loans are registered with.

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No. Yes.

And do you prepare any other documents? No, I do not. Do you have any other job

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Are you familiar with a company by the

Can we call them MERS?

So we can get out of here before lunch.

Who's MERS or what do you understand MERS

I understand MERS to be an electronic

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That's fine with me.

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Is that okay?

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Q. MERS? A. Q. MERS? A. Q. A. Q. A. Q. A. Q.

Do you have any personal contact with

I do not. Do you have any job responsibilities with

MR. DeBLASIS:

Objection as to the form

of the question.

You can answer if you know.

Particularly with MERS, no.

BY MR. DOUGLASS:

MERS as the assistant secretary or vice president. Do you receive any compensation? No, I do not. How do you determine or how is it that

you would cause your signature to be affixed to a document on behalf of MERS?

what you're asking. BY MR. DOUGLASS:

that you sign documents on behalf of MERS, correct?

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Do you hold any positions with MERS? I sign, I sign assignments on behalf of

of the question. understand it.

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MR. DeBLASIS:

I'm not sure that I understand exactly

You said that, if I understand right,

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You can answer if you

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Objection as to the form

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A. Q. assign. A. mortgage. Q. A. Q.

Yes. What type of documents would you assign Excuse me. I said

on behalf of MERS -- would you sign? I should have said sign.

I hope you corrected

the grammar for me. I would execute an assignment of

That's the only document that I execute. And how would it come to be that you

would execute that document? Once our client sends us a referral, we

review the referral to see who the current mortgage holder is against other documents that are attached to the file as well. If the current holder of the mortgage

is MERS and we need to assign it to the lender, we would prepare an assignment of mortgage from MERS to the current lender.

did someone else tell you to do that? MR. DeBLASIS: just clarify.

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mortgage.

Mischaracterized the testimony. she drafts them.

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Do you do that at your own direction or

MR. DOUGLASS:

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To do what?

She said she signs them.

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Objection. If you can Draft the assignment of Objection. She didn't say

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Q. A. Q. A. Q. A. our client. Q. A. Q. A. Q.

BY MR. DOUGLASS: Who drafts the assignment? MR. DeBLASIS: Objection. If you know,

you can answer.

You can answer if you know.

We have an assignment department of

several employees that prepare the assignments. BY MR. DOUGLASS: And they would just, they do this -- do

you know how they determine whether or not an assignment is necessary?

and their certificate of title that is sent to us from

one document, it could be many more, sending us a

foreclosure referral package stating that they would like our firm to foreclose on this particular file. And your client would be a lender? MR. DeBLASIS: "your."

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Yes. Yes.

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And how do they do that? They review the referral, the mortgage

The referral.

The client referral --

-- is a group of documents.

And you, too, Shellie, should use,

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What is the referral?

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It could be I'll object to the word

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Q. A. Q. documents?

instead of "us," you should say who you mean. THE WITNESS: MR. DeBLASIS: Okay. And, then, with that, can

you restate the question?

BY MR. DOUGLASS: You said "the client." Would "the What would

client" be a lender?

Who would they be?

their status be, if you know?

sending us the referral. BY MR. DOUGLASS:

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MR. DOUGLASS:

I'll object to the use of

the word "status," but if you know, you can answer, Shellie.

subject to the attorney-client privilege. instruct you not to answer. MR. DOUGLASS: MR. DeBLASIS:

asking her questions as to her employment with Lerner, Sampson & Rothfuss, and she's bound by the same ethical principles as all the lawyers at Lerner, Sampson. I'm still instructing her

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Our client is the lender bank who is

Do they also send you a copy of the loan

MR. DeBLASIS:

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Objection.

That would be I'll

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She's not an attorney. That's all right. You're

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Q.

not to answer. MR. DOUGLASS: Could we certify that,

please?

BY MR. DOUGLASS: The package you get from the client, what

would be in it? MR. DeBLASIS: Again, same objection,

same instruction. MR. DOUGLASS: Will you certify that,

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Rothfuss.

also, for the court? MR. DeBLASIS: As long as we're

certifying it, I'll just add that we are not here to take the deposition of Lerner, Sampson & We're here to take the deposition of

Miss Hill as it relates to her signing of a document called Assignment of Mortgage for MERS and her corporate capacity as an assistant secretary, vice president of MERS.

or communications among Lerner, Sampson &

Rothfuss and its clients will be objected to, and she will be instructed not to answer, and you can certify all of that if you like. MR. DOUGLASS: Very well.

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So any questions related to the function

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Q. assignment?

BY MR. DOUGLASS: Do you receive -- and by "you," I mean

you, not the royal you of Lerner, Sampson, but do you individually receive notification from the client that it will be necessary to sign and assign, to execute an

MR. DeBLASIS:

I'll object to that

question as to form and ask you to break that down. I'll also object to the use of the term

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person.

"royal" as making a connotation that there's somehow some negative relationship there, but if you can restate the question, break it down, I'll instruct her to answer. MR. DOUGLASS: Well, firstly, I didn't I didn't think you were

mean to insult you.

insulted based upon the fact that you laughed, but "the royal you" would refer to a group,

whereas the individual, you would refer to a

the sake of avoiding argument, if we can just use Lerner, Sampson & Rothfuss or MERS or Miss Hill, that would be preferred. MR. DOUGLASS: Okay.

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All right. But just for

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please? Q. correct? A. Q. document? Q. A. question. Q.

BY MR. DOUGLASS: You execute an assignment of mortgage,

That's one thing you do? Correct. How is it that it is communicated to you

that it is necessary for you to sign the particular

MR. DeBLASIS:

And the "you" there is

BY MR. DOUGLASS:

the piece of paper?

BY MR. DOUGLASS:

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Miss Hill, I take it? MR. DOUGLASS: Yes. She's the one with

the pen in her hand.

mischaracterizing the testimony.

stated that anybody has told her that, but if you understand the question and can answer, Shellie, you may.

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Who tells you to pick up the pen and sign

MR. DeBLASIS:

I'm not sure that I can answer that

Would you mind signing your name for me,

MR. DOUGLASS:

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Objection as to She has not

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Could we mark this,

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time? Q. for that? A. Q. upsweep. A. Q. A. yes. Q. Q. your name?

please? (Defendants' Exhibit 1 was marked for identification.)

BY MR. DOUGLASS: Miss Hill, I had asked you to sign this

blank piece of paper for me, which is now marked as Hill Exhibit Number 1. I notice that the first time you Is there a reason

signed it, you then crossed it out.

times that you started the S down at the bottom with an

time, but that's how I signed it on this sheet of paper,

BY MR. DOUGLASS:

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Yes. Yes. answered.

My pen wasn't working correctly. Good reason. And I see both

Oh, okay.

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Is that how you sign your name? I do not sign my name the same way every

You don't sign it the same way all the

MR. DeBLASIS:

Well, are there other ways that you sign

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Objection. Asked and

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A. name. Q.

I would imagine that I have signed my

Well, is this your typical signature or

are there other variations on your signature that you typically use? MR. DeBLASIS: Objection as to relevance.

You can answer. MR. DOUGLASS: Oh, this is highly

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relevant.

MR. DeBLASIS:

Objection to I take that as

characterizing the testimony.

simply argumentative, and this is -MR. DOUGLASS: Do you want to raise your

hand and offer testimony or do you want to offer proper objections?

explanations trying to direct the client. MR. DeBLASIS: Objection as to the

characterization and instructions to counsel, and if this persists, we will go back to our office and terminate the deposition. want to ask a question -MR. DOUGLASS: If you

and if you would allow me to do so, I would very much appreciate it.

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We don't need these windy

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I am asking a question,

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you not? A. Q. A. A. Q. Q.

BY MR. DOUGLASS: Miss Hill, do you remember the question? Could you please repeat the question? MR. DOUGLASS: Would you mind reading it

back? (The record was read.) MR. DeBLASIS: Same objection. You can

answer.

variations of my signature, I'm sure. BY MR. DOUGLASS:

BY MR. DOUGLASS:

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I have at least one or two other

to this, and we're not going to allow her to sign any further.

the case, you may get on with it, but we're not going to let her sit here and sign repeated documents for you.

to just take this back to Cuyahoga County. MR. DeBLASIS: That's fine.

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Okay. I did.

MR. DeBLASIS:

Now, we're going to object

MR. DOUGLASS:

You signed an affidavit in this case, did

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If you have a question about

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You know, maybe we ought

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Q. A. Q. affidavit? A. Q. Q. A. Q.

MR. DeBLASIS:

Objection.

Do you want to

show her the affidavit? MR. DOUGLASS: When I choose to, yes.

BY MR. DOUGLASS: Do you remember signing an affidavit in

connection with this case, Miss Hill? MR. DeBLASIS: Same objection. You can

answer if you remember. I cannot be sure, but I do believe that I

did sign an affidavit on this case. BY MR. DOUGLASS:

before you signed it?

BY MR. DOUGLASS:

sure that I signed an affidavit, so I can't answer if I reviewed it or not. Okay.

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show her the affidavit that you're referring to, we'll have her testify.

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Okay. Uh-huh.

Do you know who prepared that

No, I do not. Did you read the affidavit thoroughly

MR. DeBLASIS:

Ma'am, there's a question before you. And as I stated, I cannot be

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Objection.

If you want to

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Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q.

(Defendants' Exhibit 2 was marked for identification.)

BY MR. DOUGLASS: I'm going to hand you what's been marked Would

for identification purposes as Hill Exhibit 2.

you please take a look at that and tell us what it is, if you know? An affidavit. Did you execute this document? Yes, I did. Do you know who prepared it? No, I do not. But you're not the author, are you? I am not.

document, is there not? Yes.

Exhibit A, your signature or a signature purporting to be yours appears on that document, does it not? Yes.

signature is different in its style than the Exhibit 1, particularly the S?

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There is an Exhibit A attached to this

And if we flip to the second page of

Would you agree with me that that

MR. DeBLASIS:

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Objection. This witness

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A. Q. A. Q. A. Q. A. Q. A. Q.

is not qualified as a handwriting expert. you have an answer to that, you can answer.

If

I would agree that the S's are different.

BY MR. DOUGLASS: You see the 31st of May. Whose

handwriting is that? That's my handwriting. And below it, "Ohio" and "Hamilton," is

that your handwriting? That is my handwriting, also. Who directed you to place your name on

this document?

said, Shellie, put your name on this document. BY MR. DOUGLASS:

execute this document on behalf of MERS?

of MERS and our client in this case, which was

Homecomings, stating that I have authority to sign the assignments of mortgage.

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answered. give it.

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MR. DeBLASIS:

Objection.

Asked and

If you have another answer, you may

There wasn't any particular person who

Nobody instructed you from MERS to

We have a corporate resolution on behalf

Is that Exhibit B attached to your

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is? A. Q. affidavit? A. Q. A. Q. A. Q. A. Q. A.

Yes. And that refers to GMAC Mortgage, does it

not, GMAC Mortgage? Yes. Could you look at the Assignment of

Mortgage and tell me where GMAC appears on the document? MR. DeBLASIS: Objection. You can

of Mortgage.

BY MR. DOUGLASS:

the name of SouthStar Funding? MR. DeBLASIS: familiarity.

still a bank.

BY MR. DOUGLASS:

business currently?

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answer.

GMAC does not appear on this Assignment

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Okay. I do not.

Are you familiar with a company by

I mean, I'm aware that they were or are I'm not sure.

You don't know what their current status

Do you know whether or not they're in

No, I do not.

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Objection as to

You can answer if you know.

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Q. A. Q. document? A. Q. A. Q. A. Q. A. Q. A. assistant.

Do you know whether or not they were in

business on May 31st of 2007? I do not recall. You have a corporate resolution here that Do you have any similar resolution Are you familiar with any such

lists GMAC Mortgage. for SouthStar Funding?

Not to my knowledge, no. Bank of New York, any such resolution? Is such a document out there?

Are you familiar with it? Do you know?

Sampson & Rothfuss.

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Rothfuss.

as to her capacity with Lerner, Sampson &

stamp, she can answer.

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Yes, I am.

I'm not sure. You're familiar with Karen James?

Who is Karen?

Karen is also an employee of Lerner,

In what capacity? MR. DeBLASIS:

If you're asking about this notary

I believe Karen's title is attorney

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We'll state an objection

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Q. A. Q. you know? Q. A? A. Q. A. Q. A.

BY MR. DOUGLASS: What is an attorney assistant? MR. DeBLASIS: Objection. And, again,

it's beyond the scope of discovery, subject to attorney-client privilege. She assists attorneys.

BY MR. DOUGLASS: What does she do to assist attorneys? Do

BY MR. DOUGLASS:

of Mortgage that's attached to your affidavit as Exhibit

this assignment, no.

way to your desk prior to execution?

have brought it to my desk to be executed at the time. Did you receive any independent

instruction from MERS to execute the document? No, I did not.

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MR. DeBLASIS:

Same objection.

You don't

have to answer that.

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MR. DOUGLASS:

Certify that, please.

Do you know who prepared the Assignment

I do not know which employee prepared

How did this document physically find its

Once whomever prepared the document would

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Q. A. Rothfuss. Q. document? A. Q. A. Q. A. Q. it not? A. Q.

Was the person who brought it to your

desk an employee of MERS or an employee of Lerner, Sampson & Rothfuss, if you know? An employee of Lerner, Sampson &

Is there any document that you're aware

of pursuant to which MERS instructed you to execute this

particular document? Yes, yes, yes. Okay. No, not that I'm aware of.

Exhibit B that defines your role or your job duties as an assistant secretary of MERS? MR. DeBLASIS:

document that I have. BY MR. DOUGLASS:

the corporate resolution lists several individuals, does

clo

I'm assuming you mean just this

can answer if you know.

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Now, is there a document other than

To my knowledge, this is the only

Now, on the next page, the attachment to

Yes, it does.

The first one is, obviously, you,

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State an objection.

You

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correct? A. Q. A. Q. A. Q. Q. A. Q. A. Rothfuss. Q.

Yes, it is. And the next person, a Mindy Czarnecki? Yes. Who is Mindy? MR. DeBLASIS: Objection. Relevance. Beyond the You can answer

scope of discovery. if you know.

Sampson & Rothfuss. BY MR. DOUGLASS:

BY MR. DOUGLASS:

clo
privilege. please.

Mindy is also an employee of Lerner,

scope of discovery.

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In what capacity? MR. DeBLASIS: Objection. Beyond the

Subject to attorney-client

You don't have to answer. Certify that, also,

MR. DOUGLASS:

Teresa Miller?

Is the next name, yes. Who is Teresa Miller?

She also works for Lerner, Sampson &

In what capacity? MR. DeBLASIS:

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Same objection. Same

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Q. A. Rothfuss. Q. Q. A. Rothfuss. Q. Q. A. Q.

instruction. MR. DOUGLASS: Certify it.

BY MR. DOUGLASS: Kevin Prieshoff? Kevin also works for Lerner, Sampson &

In what capacity? MR. DeBLASIS: Same objection. Same

BY MR. DOUGLASS:

BY MR. DOUGLASS:

clo

instruction. MR. DOUGLASS: Certify it.

instruction.

instruction.

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Richard Rothfuss? Also with Lerner, Sampson & Rothfuss. And in what capacity? MR. DeBLASIS:

MR. DOUGLASS:

Colleen Stanchfield?

Also an employee of Lerner, Sampson &

In what capacity? MR. DeBLASIS:

MR. DOUGLASS:

re

Same objection.

Same

Certify it.

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Same objection. Same Certify it.

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Q. A. Q. A. Q. A. Q. A. Q. A.

BY MR. DOUGLASS: Are you aware of whether or not any of

these people received any compensation whatsoever from Mortgage Electronic Registration Systems, Inc.? MR. DeBLASIS: I am not aware. You can answer, Shellie.

BY MR. DOUGLASS: But you do not, correct? I do not. You don't get a W-2, a 1099, nothing from

them, right?

BY MR. DOUGLASS:

in the legal description on the Assignment of Mortgage

attached to your affidavit, have you ever seen the loan documents associated with this property? MR. DeBLASIS: You can answer. Objection.

sure exactly what happened on the date that I signed

clo
answered.

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I do not. Correct.

You don't get a dime from them, correct?

MR. DeBLASIS:

With regard to the home that's set forth

Yes, I believe.

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Objection.

Asked and

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Relevance. You know, I can't be

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at? A. Q. A. Q. mortgage. documents. Q. A. Q. Q.

this in 2007, but my procedure is to review the So, yes, I would have looked at the loan

BY MR. DOUGLASS: The mortgage loan or the mortgage deed? The mortgage loan. MR. DeBLASIS: State an objection as to

the whether this witness understands the difference between a mortgage loan and a mortgage deed.

BY MR. DOUGLASS:

please describe your procedure to me? MR. DeBLASIS: I'll state an objection.

BY MR. DOUGLASS:

clo

The procedure for what? MR. DOUGLASS: back her answer?

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Okay.

You said you have a procedure.

Would you

(The record was read.)

What loan documents would you have looked

The referral.

What is "the referral"?

Which is sent to us by our client. What is that?

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Would you like to read

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A. Q. A. Q. A. Q. A. Q. Q.

MR. DeBLASIS:

Objection.

Asked and

answered. A certificate of title --

BY MR. DOUGLASS: What is that? -- and the mortgage. A certificate of title. What is a

certificate of title?

examiner researches the property and will give us any mortgages, liens, outstanding taxes in a title report that is sent to our firm. BY MR. DOUGLASS:

certificate of title? Yes.

known as a preliminary judicial report? MR. DeBLASIS: BY MR. DOUGLASS:

clo
know.

MR. DeBLASIS:

We'll object.

It calls

for a legal conclusion.

You can answer if you

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If you know.

My understanding of a title is the title

That's what you're referring to as a

Could that be something that is also

MR. DeBLASIS:

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Objection. Objection. It calls for a

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A. Q. speaking? Q. Q. A. Q.

conclusion of law. Yes.

You can answer if you know.

BY MR. DOUGLASS: And that is something that would be

attached to the complaint of foreclosure, generally

MR. DeBLASIS:

Same objection.

BY MR. DOUGLASS:

BY MR. DOUGLASS:

my question, if you don't understand what a document is, please say so, okay? Yes.

up here, when you get the referral package, what's in the referral package you got? MR. DeBLASIS:

clo

If you know. MR. DeBLASIS:

If you don't know -Please let me restate my I'm entitled

objection, and then you can talk. to make an objection on the record. MR. DOUGLASS:

objection, but you can't have these speaking objections where you're instructing the client.

attorney-client privilege.

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Yes, you can say

Miss Hill, if you ever don't understand

But, anyway, so you got -- if we can back

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Objection. Subject to Instruct you not to

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correct? A. Q. Q. A. Q. A. Q. A. Q. A. Q.

answer. MR. DOUGLASS: Certify it.

BY MR. DOUGLASS: You get a title report, correct? Where

does that come from, if you know? The title report comes from a title

examiner, which we order the title from. When do you order that? Certainly after

the communication from your client asking you to foreclose, correct? Yes.

and see who is on title, right? Correct.

make it so it is your client; is that correct? MR. DeBLASIS: if you know. Yes. Objection.

BY MR. DOUGLASS:

is associated with the loan?

clo
Yes.

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And your client would be the lender,

So if I understand correctly, you look

And if it's not your client, then you

Do you ever see the promissory note that

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You can answer

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object. it. A. Q. A. Q. you did? A. Q. A. Q. please say so.

With this particular loan? With any loan. Yes. With this particular loan, do you know if

I don't recall. (Defendants' Exhibit 3 was marked for identification.)

BY MR. DOUGLASS:

identification purposes as Hill Number 3. this document before?

document is genuine, what it would do to the promissory note associated with a mortgage?

clo
looking at.

I've handed you what's been marked for Have you seen

are you referring to? MR. DOUGLASS:

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I don't recall seeing this, no. If you haven't seen it, you haven't seen

Are you familiar with, assuming that

MR. DeBLASIS:

MR. DeBLASIS:

That calls for a conclusion of law.

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And if you don't know, Objection. Which document Hill 3, the one that she's And, also, I'll obviously

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A. A. Q. allonge? Q. A. Q. Q. A.

But if you know, Shellie, you can answer. Well, this particular document to me I don't see that

looks like a blank of allonge of note.

this note assigns the note to any certain company. BY MR. DOUGLASS: Do you know the effect of a blank

MR. DeBLASIS:

Objection.

Calls for a

BY MR. DOUGLASS:

document doesn't assign it to any particular person,

correct, or entity?

BY MR. DOUGLASS:

after a document is executed, to put something else in it, would it not, in your opinion? MR. DeBLASIS: conclusion of law.

clo

conclusion of law.

If you know. I do not know.

If you don't, say so.

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But you would agree with me that that

MR. DeBLASIS:

It looks blank to me, yes.

And, certainly, it would be improper to,

I do not know.

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Same objection.

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Objection. Calls for a If you know, you can answer.

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Q. SouthStar? A. Q. A. Q. Q. A. Q. A. Q. A.

BY MR. DOUGLASS: Are you familiar with Lynn Leonard, who

purported to execute this document on behalf of

No.

I do not know this person.

Have you ever had any communications of Lynn is one

any type with Mr. or Miss or Mrs. Leonard? of those names that could be either.

name of America's Wholesale Lender?

BY MR. DOUGLASS:

BY MR. DOUGLASS:

to your knowledge?

clo
objection. answer.

No, I have not. Are you familiar with a company by the

the word "familiarity."

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MR. DeBLASIS:

Objection as to the use of

Are you familiar with them? MR. DeBLASIS: I'm still stating my

If you know, Shellie, you can

I have heard of them, yes.

In what nature have you heard of them? Just that they're a bank lender.

Have you ever had any dealings with them, And I mean you individually.

No, I have not.

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that. Q. Q. A. Q. behalf? A. Q. A. Q. A.

You, as an employee of Lerner, Sampson & Do you know? Relevance.

Rothfuss, have you dealt with them? MR. DeBLASIS:

Objection.

You can answer. I'm not sure I understand exactly what

you mean, have I "dealt with them." BY MR. DOUGLASS: Have you executed any documents on their

BY MR. DOUGLASS:

identified for our purposes as Hill 4.

that and tell us what it is, if you know. An Assignment of Mortgage.

your signature? Yes.

clo

MR. DeBLASIS:

Same objection.

I'll

instruct you not to answer subject to attorney-client privilege. (Defendants' Exhibit 4 was marked for identification.)

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I'm going to hand you what's been Take a look at

I refer you to the second page.

Who wrote "30" and "December"?

I can't be sure, but I believe I wrote

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Is that

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Q. A. Q. know? A. Q. A. Q. A. Q. A. Q.

Okay.

And then Shelley Dirr notarized

this; is that correct? Yes, she did. And the handwriting in the jurat,

"December 30, 2009," whose handwriting is that, if you

It is not my handwriting. And this instrument was prepared by

Lerner, Sampson & Rothfuss; is that correct? Yes, it was. Do you know who would have prepared it? MR. DeBLASIS: Objection. Relevance and

BY MR. DOUGLASS:

arrived on your desk?

have been brought to me for signature.

instruction from the client or do you just sign things that are brought to you?

clo
answer.

attorney-client privilege.

you know, you can answer.

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Instruct you not to

We'll withdraw that instruction, and if

I do not know who prepared this document.

Do you know how it came to be that it

Once the document was prepared, it would

Would there be any independent

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Q. Q. A. our system. Q.

MR. DeBLASIS:

Objection as to the Also state an

connotation in the question.

objection as to any privileged communications from the client. Instruct you not to answer.

BY MR. DOUGLASS: Did the client instruct you to sign this? MR. DeBLASIS: Objection. Same

instruction, unless you want to identify the client.

BY MR. DOUGLASS:

without looking at our system, looking this file up in

BY MR. DOUGLASS:

who it might be in the document itself?

clo
relevance.

MR. DOUGLASS: MR. DeBLASIS:

I don't know. Okay. Then same

instruction.

instruction.

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Who is the client on this? MR. DeBLASIS: MR. DOUGLASS: MR. DeBLASIS:

If you know, you can answer.

I wouldn't know who the client is on this

There's nothing here that would indicate

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Same instruction. Certify it. I'll withdraw the

I'll state an objection as to

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client. it? A. Q. A. Q. A. Q. Q. A. Q. A.

MR. DeBLASIS:

Asked and answered.

Objection. I could assume by looking at this who the

client was, but I couldn't be sure. BY MR. DOUGLASS: Okay. Yeah. And then on this document, we have "LS&R Fair enough.

Number 200957134."

BY MR. DOUGLASS:

clo
Yes. case?

What is that? MR. DeBLASIS: Objection. Relevance. Is this

Just one quick question, Mr. Douglass.

document in any way associated with the Unger

You can answer if you know.

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Okay.

MR. DOUGLASS:

Does that number mean something to you? The number is our file number.

MR. DeBLASIS:

CHL can mean our client, the name of our

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Yes.

And what's "CHL" mean underneath

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Objection as to relevance.

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Q. probably? A. Q. A. Q. A. Q. A. Q. A. Q. A. Q.

BY MR. DOUGLASS: Would that be Countrywide Home Loans,

MR. DeBLASIS:

Same objection.

You can

answer if you know. Again, in this particular case, I'm But to be sure,

assuming, yes, that's what that means. I would look this file up on our system. BY MR. DOUGLASS:

similar to the signature that you did for us earlier today, correct?

affidavit, there is an LS&R number on it. Exhibit A to the affidavit. Okay. I'm sorry.

affidavit as well.

clo
Yes. Yes.

And this signature appears to be very

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Yes, it does. Now, if we flip back to Exhibit A, to the

Perhaps I wasn't clear.

And that's your file number?

And the Loan Number 7438315749? That is on the document, also. What does that mean?

re

That's

There is an LS&R number on this

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A. Q. A. Q. A. Q. they are. Q.

MR. DeBLASIS:

Objection as to relevance.

You can answer if you know. Our client's loan number.

BY MR. DOUGLASS: Your "client" being? MR. DeBLASIS: Objection. You can answer

if you know. At the time, in this particular case,

Homecomings' loan number. BY MR. DOUGLASS:

that what I understood?

Homecomings' loan number, yes. Homecomings isn't referenced.

BY MR. DOUGLASS:

Network, Inc., is?

clo
answer.

That's a Homecomings loan number?

Is

legal conclusion. you can answer.

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To my knowledge, that would have been

Who is Homecomings? MR. DeBLASIS:

Do you know who Homecomings Financial

MR. DeBLASIS:

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Oh, yes,

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Objection. Calls for a Overly broad. If you know, Same objection. You can

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A. Q. A. Q. A. Q. Q. A. Q. obviously? A. Q.

I know that they were a financial

institution, yes. BY MR. DOUGLASS: Do you know what business they were in? MR. DeBLASIS: Same objection. You can

answer. I'm assuming home loans types of loans.

BY MR. DOUGLASS:

Assignment of Mortgage, meaning Exhibit A to the affidavit, did you?

BY MR. DOUGLASS:

prepare this document, correct?

certain, as vice president of MERS, that the information contained within this document was accurate?

clo

You don't know, though, really? I'm not sure, no. If you don't know, that's fine. But, once again, you didn't prepare this

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Correct.

MR. DeBLASIS:

I just want to be certain that you didn't

I did not prepare this assignment, no. So what's in there isn't your work,

What steps, if any, did you take to make

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Asked and answered.

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A. Q. correct? A. Q. A. Q. A. Q. A. Q.

MR. DeBLASIS:

Objection.

Asked and

answered.

You may answer.

I would have reviewed the title and the If the

mortgage to see who the current holder was.

current holder in this case would have shown as MERS, then I would have executed the document. BY MR. DOUGLASS: Now, you're a vice president of MERS,

clo
witness.

I'm listed as a vice president of MERS. What business is MERS in? I'm not sure. Do you communicate with anyone at MERS? I do not.

question that counsel asks unless he asks it from his chair. Let the record reflect that

counsel has circled around the back of the

You are really something. MR. DeBLASIS:

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Do you know where MERS's offices are? I'm not sure where MERS is located, no. Do you know if MERS has offices? MR. DeBLASIS:

MR. DOUGLASS:

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We'll object to any I went to get some coffee. All I'm asking is that you

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are. Q. Q.

ask the questions from your chair across the table from the witness.

BY MR. DOUGLASS: You don't know where MERS's offices are? MR. DeBLASIS: I will object to the

question. down?

Is there a reason why you can't sit

MR. DOUGLASS: MR. DeBLASIS:

I don't choose to. Well, then we'll object Let the record

BY MR. DOUGLASS:

clo
Do you know? office.

and instruct her not to answer.

reflect that the witness is a 30-year-old, approximately, pregnant lady and that counsel is intimidating her. If counsel chooses to conduct

the deposition calmly and in his chair, we would appreciate that.

witness to answer.

not to answer.

simply pack our bags and go on back to the

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Would you like to take a break? MR. DOUGLASS: No.

I'd like to know where MERS's offices

MR. DeBLASIS:

All I'm asking is that you retain your

re

We will also then instruct the

If this persists, we will just

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Objection. Instruct you

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do you? Q. Q. A. Q. A. Q. A. Q. A. Q. A. Q.

seat and calmly ask the questions. MR. DOUGLASS: I calmly asked the

question.

If you would please allow me to

conduct the deposition without further interruption, I would greatly appreciate it.

BY MR. DOUGLASS: Miss Hill, I am now seated. MR. DeBLASIS: Thank you.

BY MR. DOUGLASS:

tell me where MERS's offices are?

told you I do not know where MERS is located. Do you know if MERS has offices? I do not know.

& Rothfuss, I'm sure, at one time or another, I have spoke to someone at MERS, yes.

clo

I hope you're pleased.

Would you like to

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I've already answered the question, and I

Have you ever spoken to anyone at MERS? In my 12-year career with Lerner, Sampson

And who would that have been? I do not recall.

Do you recall the circumstances? No, I do not.

But you don't take direction from MERS,

re

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A. Q. Q. A. Q. A. Q. A. Q. by chance? A. Q. A. Q. with you?

I do not. And, in fact, the signature on the

Assignment of Mortgage attached to your affidavit is not yours, is it? MR. DeBLASIS: Objection. Just so I

understand the question, are you referring to the Hill Exhibit 2?

BY MR. DOUGLASS:

referring to?

an Assignment of Mortgage. Okay.

purse with me.

driver's license.

clo

Do you understand the question, ma'am? I do not. Which document are you

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Yes, I do. Or, no.

Exhibit A attached to your affidavit is

That's not your signature, is it? Yes, this absolutely is my signature. Do you have a driver's license with you,

May I see it?

I thought you were asking me if I have a

Do you have anything with your signature

re

I'm sorry.

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I do not have my

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A.

I do not. THE WITNESS: And, Rick, if you wouldn't

mind, ma'am, I would like to take a break. MR. DeBLASIS: Yes. Let's go off the

record. THE WITNESS: Thank you.

(A recess was taken from 10:05 to 10:09.) MR. DOUGLASS: At this point, pending

clo
Exhibit 1?

resolution of the certified questions, I don't have any more questions for you, but we're going to have to keep the deposition open to resolve those issues, okay? THE WITNESS:

any questions, Mr. Hanson? MR. HANSON: I don't. Can we have a copy of this

access to the copy machine. MR. DOUGLASS: handle that.

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Yes. As you wish. Do you have

MR. DeBLASIS:

MR. DeBLASIS:

MR. DOUGLASS: MR. DeBLASIS:

Would you like to instruct your client? MR. DeBLASIS: We'll sign. We'll read

re

I did that once already.

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Absolutely. I don't know if you have Oh, I think I can probably

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and sign. ____________________________ SHELLIE HILL - - DEPOSITION CONCLUDED AT 10:10 A.M. - - -

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C E R T I F I C A T E : : : SS

State of Ohio County of Hamilton

I, Susan M. Gee, RMR, CRR, the undersigned, a

duly commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of her aforesaid deposition, SHELLIE HILL was by me first duly sworn to depose the truth, the whole truth and nothing but the truth; that the foregoing is the deposition given at said time and place by SHELLIE HILL; that said deposition was taken in all respects pursuant to stipulations of counsel; that I am neither a relative of nor employee of any of their parties or their counsel, and have no interest whatever in the result of the action; that I am not, nor is the court reporting firm with which I am affiliated under a contract as defined in Civil Rule 28 (D).

hand and official seal of office at Cincinnati, Ohio, on this ______ day of _________________, 2010.

_______________________________ My commission expires: S/ Susan M. Gee, RMR, CRR September 20, 2010. Notary Public - State of Ohio

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IN WITNESS WHEREOF, I have hereunto set my

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