Page 1 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.

: CACE 09 001184 COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff, -vsMORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC.; UNKNOWN SPOUSE OF JOHN DOE; JANE DOE AS UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. ____________________________________/

DEPOSITION OF PATRICIA ARANGO

Friday, January 7, 2011 10:16 a.m. - 12:30 p.m. 101 N.E. 3rd Avenue, #1500 Fort Lauderdale, Florida 33301

Reported By: Joyce L. Bluteau, RPR, FPR Notary Public, State of Florida Consor & Associates Reporting and Transcription West Palm Beach Office Phone - 561.682.0905

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

APPEARANCES: On behalf of the Plaintiff: DAVID NEWMAN, ESQ. LAW OFFICES OF MARSHALL C. WATSON, P.A. 1800 Northwest 49th Street Suite 120 Fort Lauderdale, Florida 33309 954.453.0365 On behalf of the Defendant, JAMES FLANAGAN, ESQ. ICE LEGAL, P.A. 1015 North State Road 7 Suite D Royal Palm Beach, Florida 33411 561.729.0530 On behalf of the Defendant, Mortgage Electronic Registration Systems, Inc.: JOHN B. ROSENQUEST, IV, ESQ. MORGAN, LEWIS & BOCKIUS, LLP 200 South Biscayne Boulevard 5300 Wachovia Financial Center Miami, Florida 33131-2339 305.415.3423 On behalf of Patricia Arango: DALE L. FRIEDMAN, ESQ. CONROY, SIMBERG, GANON, KREVANS, ABEL, LURVEY, MORROW & SCHEFER, P.A. 3440 Hollywood Boulevard 2nd Floor Hollywood, Florida 33021 954.961.1400

-

-

-

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 3

1 2 3 4 5 6 7 8 9

I N D E X WITNESS: PATRICIA ARANGO DIRECT EXAMINATION BY MR. FLANAGAN: CERTIFICATE OF OATH CERTIFICATE OF REPORTER READ & SIGN LETTER TO WITNESS ERRATA SHEET (To be forwarded upon execution) PAGE:

4 78 79 80 81

-

-

-

10
E X H I B I T S

11
Page

12
Description

13 14 15 16 17 18 19 20

Defendant's No. Comp. 1 Defendant's No. 2 Defendant's No. 3 Defendant's No. 4 Defendant's No. 5

Defendant's No. 6

21 22 23 24 25
Defendant's No. 7

MERS, Inc. Corporate Resolution Limited Power of Attorney Mortgage Attached to the Complaint Assignment of Mortgage 8/27/09 Letter from Richard Anderson to Ariane Ice, with Attachments Page Printed from the MERS Servicer ID Website Assignment of Mortgage

11 19 25 36 53

56

67

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Thereupon,

Deposition taken before Joyce L. Bluteau, Registered Professional Reporter and Notary Public in and for the State of Florida at Large, in the above cause. -

PATRICIA ARANGO, having been first duly sworn or affirmed, was examined and testified as follows: THE WITNESS: Yes.

DIRECT EXAMINATION BY MR. FLANAGAN: Q. correctly? A. Q. Miss Arango, yes. Would you give us your name and business Is it Ms. Arango? Did I pronounce that

address, please. A. A-R-A-N-G-O. Sure. My name's Patricia Arango,

Business address is Law Offices of Marshall

Watson, 1800 Northwest 49th Street, Suite 120, Fort Lauderdale, Florida 33309. Q. A. Q. A. Q. And who is your current employer? Law firm of Marshall Watson. How long have you been employed there? For ten years. In what capacity?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
duties?

A.

In various capacities.

I first started

there as a foreclosure attorney and then was transferred to the litigation department. Q. with the firm? A. Current position with the firm is as the Okay. And what's your current position

litigation department's managing attorney. Q. in Florida? A. Q. A. Q. Correct. For how long? Since 2001. And I take it you're probably very familiar So you're an attorney licensed to practice

with the process of taking of depositions. A. Q. I'm familiar. Okay. At any time, if you need a break,

let me know, okay. A. Q. Okay. In your current position, do you supervise

any employees of the firm? A. Q. A. Q. Yes. Roughly how many? Roughly about 70. And, generally, what are your current

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A.

My current duties are to supervise the

attorneys within the litigation department as well as the paralegals. Q. Do you get involved in any work other than

foreclosure work? A. Q. It depends, yes, I have. Okay. Roughly how much of your time is

spent dealing with foreclosure litigation? A. Q. Over 98 percent of the time. Okay. And has that generally been the case

in the last five years? A. Q. Yes. And that was the case in December of '08

and into '09 and '10? A. Q. strike that. Are you now an officer or director of Countrywide Home Loans? A. Q. No. Have you ever been an officer or director Correct. Okay. Are you now or have you ever been --

of Countrywide Home Loans? A. Q. No. Are you now an officer or director of

Countrywide Home Loans Servicing LP? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 7

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q. A. Q.

No. Have you ever been? No. Are you now or have you ever been an

officer or director of Mortgage Electronic Registration Systems, Inc.? A. Q. I am an agent. Okay. We'll get to that in a moment.

Are you an officer or corporate officer of Mortgage Electronic Registration Systems, Inc.? A. Q. I'm their assistant secretary. Okay. Is that the only title or position

that you hold with that company? A. Q. Yes. Okay. For our purposes in the deposition,

can we agree to refer to Mortgage Electronic Registration Systems, Inc. as MERS? A. Q. A. Q. Thank you. How long have you been an assistant secretary or agent of MERS? A. Since about 2007 I believe it is. Yes. Do you commonly do that? Yes. Okay. That will speed things greatly.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 8

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
MERS?

Q. A. Q. A. Q.

All right. No.

Are you a member of MERS?

Is your law firm a member of MERS? No. Do members of MERS have to be either banks

or other financial institutions, to your knowledge? MS. FRIEDMAN: THE WITNESS: BY MR. FLANAGAN: Q. Have you ever applied for membership in Form. I don't know.

A. Q.

No. In your capacity as -MS. FRIEDMAN: I'm just going to ask you to

slow down before you answer it in case I want to object. THE WITNESS: BY MR. FLANAGAN: Q. In your capacity as what you called an Okay.

agent or assistant secretary at MERS, do you have any supervisory capacity over any MERS employees? A. Q. I do not. Do you participate in any of the policy

making decisions for MERS? A. No.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 9

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. A. Q.

Have you ever? No. When did -- you told me in roughly 2007 you How did that occur?

became an agent of MERS. A.

That occurred -- I don't remember how that I remember roughly that I was

exactly occurred.

contacted by my managing attorney and advised that I was given authority as indicated in the corporate resolution. Q. Did you ever receive a copy of the

corporate resolution -A. Q. A. Q. Yes, I did. -- for your review? Yes. Okay. Where is that currently? With me.

MS. FRIEDMAN: BY MR. FLANAGAN: Q. Okay.

And in 2007, who was the attorney in

your firm that informed you of that? A. Q. Caryn Graham. Was she also given authority to sign on

behalf of MERS at that time, to your knowledge? A. Q. Yes, to my knowledge, yes. When that corporate resolution came, was

that pursuant to a request from either yourself or your firm to MERS? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 10

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN: THE WITNESS: MS. FRIEDMAN:

Objection. Can you repeat it? Yeah. I was going to ask

you, can you repeat it. BY MR. FLANAGAN: Q. Sure. When you received the corporate

resolution in 2007, was that provided to your firm as a result of an application either directly or indirectly to MERS on your behalf? A. Q. I don't know. Okay. Did you have -- did you have to take

any training from MERS or some other entity to qualify to be an assistant secretary or agent for them? A. Q. I don't -- no, I didn't. How about any type of testing or

certification, exam, anything along those lines? A. Q. No. All right. You were requested in the Have

notice of subpoena to provide certain documents.

those been brought here with you or with your counsel? A. Q. Yes. Okay. And what do we have? Your counsel has handed me

All right. three documents.

And the first page that I have is

entitled at the top, Mortgage Electronic Registration Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Systems, Inc. Corporate Resolution. A. Yes, I do. MR. FLANAGAN: marked as Exhibit 1. Okay.

Do you see that?

Let's have that

(Defendant's No. Composite 1, MERS, Inc. Corporate Resolution, was marked for identification.) MS. FRIEDMAN: pages. Well, you gave him two

Are you marking them individually or -MR. FLANAGAN: MS. FRIEDMAN: That's what I was -Okay.

BY MR. FLANAGAN: Q. So Exhibit 1 is the Mortgage Electronic

Corporate Resolution? A. Q. Yes. Okay. MS. FRIEDMAN: MR. FLANAGAN: MR. ROSENQUEST: Dated October 16, 2007. Correct. Is that a single-page

document or a two-page document? MR. FLANAGAN: MS. FRIEDMAN: MR. FLANAGAN: find out. BY MR. FLANAGAN: Q. There's a second page that has been It's a -He's attached a single page. That's what I'm about to

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 12

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

provided to us that is a printout that says Marshall C. Watson, P.A. at the top, Mortgage Electronic Systems certifying officers. your name, correct? A. Q. the first one? A. Q. document. A. Q. Yes. Okay. So then let's make the two pages Yes. Okay. So these two pages are in effect one Yes. Okay. Was this second page accompanying And then there's Caryn Graham and

Exhibit 1, okay. MS. FRIEDMAN: Just make it Composite

Exhibit 1, so it's clear. MR. FLANAGAN: MS. FRIEDMAN: Right, okay. And I will tell you,

although the next document, the Limited Power of Attorney, was not necessarily expressly requested, we've decided to produce it -MR. FLANAGAN: MS. FRIEDMAN: Okay. Thank you.

-- because I think it

clarifies the agreement of all the parties involved in this case.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FLANAGAN: Q. Exhibit 1, the corporate resolution that

you have, that we now identified is signed by Mr. William C. Hultman as the corporate secretary for MERS, correct? A. Q. According to the document. Okay. Do you know which meeting of the

Board of Directors took place to result in this corporate resolution? A. Q. A. Q. A. Q. I do not know. And when was this document provided to you? I don't remember. Was it in 2007 or 2008? I really don't know. Okay. Was this corporate resolution Any idea?

provided to you solely to be the MERS registered agent or -- excuse me, assistant secretary to sign on behalf of Countrywide Financial Corporation or its designee? A. Q. Can you repeat the question? Sure. Was, as you understand it, the

corporate resolution that was entered by the Board solely to allow you to be the assistant secretary and vice president of MERS for the assignment of the liens or mortgages solely from the Countrywide Financial Corporation? MR. ROSENQUEST: Object to form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 14

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN: THE WITNESS: states. BY MR. FLANAGAN: Q. Okay.

Join. I only know what the document

Were there any other corporate

resolutions that were provided to you from MERS designating you as the assistant secretary or vice president for the purpose of any other financial corporations? A. Q. A. Q. A. Q. At that time? Yes, ma'am. I don't -- I don't know. Okay. How about since that time?

Since that time, yes. Okay. What other financial institutions

have you been authorized on behalf of MERS to function as the assistant secretary or vice president? MS. FRIEDMAN: I'm going to object to the

question because I think you're already beginning to exceed the scope of the Court's order which limited this deposition. "The deposition" -- and

I'm quoting now from the Court's order of November 23, 2010, "The deposition shall be limited to Patricia Arango's execution of the assignment of mortgage in this case."

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

I think your question exceeds the parameters set forth by the Court. MR. FLANAGAN: MS. FRIEDMAN: I disagree. Okay. Tell me why it does

not so then we can proffer a record. MR. FLANAGAN: I'm trying to find out what

the scope of her authority is, and she did not execute the authorization for Countrywide Financial Corporation that's attached in this document in this case. MS. FRIEDMAN: execute? MR. FLANAGAN: It's not on behalf of What do you mean she did not

Countrywide Financial Corporation. MS. FRIEDMAN: not following. MR. FLANAGAN: The assignment that she What's not on behalf? I'm

signed was not Countrywide Financial Corporation. MS. FRIEDMAN: So you're limiting it to

anything related to Countrywide rather than the question you asked which was any company, which could arguably include HSBC or Chase. MR. FLANAGAN: MS. FRIEDMAN: Yeah. I mean, it was --

If you limit it to

Countrywide, I don't have a problem, and Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Countrywide and any of its related entities, but I don't believe under the Court's order you can go on beyond that. MR. FLANAGAN: question stands. BY MR. FLANAGAN: Q. Have you been provided a corporate Well, I disagree. So my

resolution from MERS appointing you as assistant secretary to execute assignments on their behalf for any entity aside from Countrywide Financial Corporation? MS. FRIEDMAN: I instruct you not to answer

based on the Court's order. BY MR. FLANAGAN: Q. Now, have you been provided any corporate

resolution authorizing you to function as assistant secretary or vice president of MERS for Countrywide Home Loans Servicing LP? A. Q. A. Q. At that time? At any time. I can't remember. Okay. Is there someplace in your office

where you keep a list or a file of the entities for which you can function as assistant secretary on behalf of MERS for assignments? A. Yes.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 17

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. A. Q.

All right.

Where is that information kept?

In my office. Is it in a file folder in a corporate -- or

in, excuse me, a computer file, or what? A. Q. It's in a file. Okay. So presumably there's someplace

where you can go and check and see if you have been authorized by MERS to function for a given financial entity. A. Q. Correct. Okay. Did you look to see whether or not

you had such an assignment or authority from MERS to execute on behalf of Countrywide Home Loan Servicing LP prior to coming here? A. Q. Can you repeat? Yes, ma'am. I'm sorry.

Did you look in that file

where you have the designated entities for which you can function, did you look to see if there's an assignment or a resolution in there authorizing you to assign on behalf of MERS for Countrywide Home Loans Servicing, LP, the plaintiff in this case? A. Q. A. Q. Did I look? Yes, ma'am. Yes. And is there one?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 18

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q. A. Q.

Yes. Okay. Yes. Did you bring that one? This is the exhibit.

You contend that Exhibit 1 is the document

that authorizes you to sign on behalf of Countrywide Home Loans Servicing LP? A. Q. A. Yes. Okay. How so?

Countrywide Financial Corporation

actually -- let me correct myself. The plaintiff, as listed in this particular case, is owned by Countrywide Financial Corporation. It's one of their entities. Q. information? A. a long time. Because I know it. I've been doing it for Okay. And how do you come to that

I've -- I don't remember at what point in

time I found out that knowledge, but I've had it. Q. Okay. Now, is Countrywide Home Loans

Servicing LP, to your knowledge, a separate corporate entity from Countrywide Financial Corporation? A. I don't know. MS. FRIEDMAN: please. (A portion of the record was read by the Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401 Read back that question,

Page 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

reporter.) BY MR. FLANAGAN: Q. The other document that you have provided,

the third page of the documents that you provided today is the limited power of attorney document. that? A. Q. Exhibit 2. (Defendant's No. 2, Limited Power of Attorney, was marked for identification.) BY MR. FLANAGAN: Q. A. And please tell me what this is. This is a limited power of attorney from Yes. All right. Let's have that marked as Do you see

Countrywide Home Loans, Inc. recorded in a couple different counties. Q. 2007? A. Q. A. Q. A. Q. A. Correct. How did this come to you? I was provided a copy of it. From who? I don't remember who. Do you recall when you received it? No, I don't. Okay. And this one is dated April 13,

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

And this appears to give you and your

firm -- or excuse me -- you and Ms. Graham at your firm limited power of attorney to execute instruments on behalf of Countrywide Home Loans, Inc. in furtherance of foreclosure proceedings, right? A. Q. A. I have to read it -Sure. -- to make certain. Correct. Q. Okay. Do you have a similar limited power

of attorney on behalf of the plaintiff, Countrywide Home Loans Servicing LP? A. Q. Can you repeat the question? Sure. Do you have a similar limited power

of attorney on behalf of Countrywide Home Loans Servicing LP? A. Q. I don't know. Do you know if there's any corporate

relationship between Countrywide Home Loans, Inc. and Countrywide Home Loans Servicing LP? A. Q. A. There is a relationship. What is that? I don't know the exact relationship. I

know Countrywide Financial owns Countrywide Home Loans, and, in fact, it indicates so as well on the document Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 21

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

with the indication of upper left hand where it states it's prepared by Countrywide Financial. Q. What do you understand to be the

relationship between Countrywide Financial, Countrywide Home Loans, Inc., and then Countrywide Home Loans Servicing LP? A. I don't know now the exact and how to

explain it but I kind of explain it as -- to everyone in my department -- as one's the parent and the others are underneath it. Q. A. Q. And the parent is what entity? Countrywide Financial. Are you aware of any corporate resolution

between those entities that authorizes or permits the subsidiaries to act on behalf of the parent? A. Q. Inc. -MS. FRIEDMAN: BY MR. FLANAGAN: Q. A. -- is an entity that does what? I couldn't give you the entire explanation You're forgetting MERS? I am not. Mortgage Electronic Registration Systems,

of what they do, as I don't work for them. Q. Are you comfortable with a description that

they track or catalog transfers of mortgage ownerships? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 22

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. ROSENQUEST: MS. FRIEDMAN:

Object to form. Object to the form. She's

not here as the representative of MERS. MR. FLANAGAN: I thought she was here as

the assistant secretary. MS. FRIEDMAN: Arango. MR. FLANAGAN: MR. ROSENQUEST: individually. MS. FRIEDMAN: Patricia Arango. MR. FLANAGAN: THE WITNESS: BY MR. FLANAGAN: Q. Yes, ma'am. Are you comfortable with the Yeah. Is there a question? She was. She's here as Right. She was noticed, I think, No. She's here as Patricia

description that MERS tracks the transfer of interests and rights in mortgages among its members? MR. ROSENQUEST: MS. FRIEDMAN: THE WITNESS: don't know. Same objection. Join. Am I comfortable with it? I

I don't know how I'm supposed to feel

about whether I'm comfortable with the statement or not.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 23

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FLANAGAN: Q. MERS? MR. ROSENQUEST: MS. FRIEDMAN: THE WITNESS: Object to form. Object to the form. From my understanding, that Okay. Is that one of the functions of

is one of the functions. BY MR. FLANAGAN: Q. Okay. What other functions, to your

knowledge, does MERS have as far as mortgage interests are concerned? MS. FRIEDMAN: MR. ROSENQUEST: THE WITNESS: Object to the form. Join.

I can tell you they don't own

any mortgages, from my understanding. BY MR. FLANAGAN: Q. Meaning that they don't have the ownership

or beneficial interest in the mortgage itself? A. Correct. It's not -Object to the form. Not

MS. FRIEDMAN:

what she testified to. MR. NEWMAN: Join. Join. You added beneficial

MR. ROSENQUEST: MS. FRIEDMAN: interest.

She said --

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FLANAGAN: Q. A. Okay. What do you mean by own?

They are -- for instance, in this mortgage,

exactly what they state on the mortgage, on all MOM mortgages, is what they call it. Q. mortgage? A. A MERS, Mortgage Electronic Registration What are you referring to as a MOM

Systems mortgage, where it states within the mortgage that they're acting purely as a nominee. Q. Meaning that they're the agent for the

actual owner -MR. ROSENQUEST: BY MR. FLANAGAN: Q. -- of the mortgage? MS. FRIEDMAN: THE WITNESS: Join. I don't know the exact Object to form.

definition of what it indicates on the document. I cannot remember it. BY MR. FLANAGAN: Q. To your knowledge, does -- you said MERS

doesn't own the mortgage, correct? A. Q. Correct. Okay. I did say that.

Let's have, just so you can refer to

it, exhibit -- the mortgage that was attached to the Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 25

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

complaint in this case, we'll have as Exhibit 3. (Defendant's No. 3, Mortgage Attached to the Complaint, was marked for identification.) BY MR. FLANAGAN: Q. A. Q. Do you recognize that document? It's a mortgage, yes. Okay. And is that what you identified a

moment ago as a mom, MERS mortgage? A. Q. That's what I had described, yes. Okay. And that's a mortgage that's created

initially as an original MERS mortgage? A. Q. Yes. It's an example of one, yes.

And at the time that that mortgage is

created, there's a MERS identification number also created with it, correct? MR. ROSENQUEST: Object to form. You're

talking about that particular mortgage or any MERS mortgage? BY MR. FLANAGAN: Q. A. mortgage. Q. Okay. And is that, in your experience, the That one. There is a MIN number indicated on the

custom and practice for MERS to create the identification number at the time that the mortgage is created?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 26

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN: MR. ROSENQUEST: THE WITNESS: BY MR. FLANAGAN: Q. Okay.

Object to the form. Form.

I don't know.

How does MERS track the mortgage, to

your knowledge? MS. FRIEDMAN: MR. ROSENQUEST: THE WITNESS: BY MR. FLANAGAN: Q. Okay. MERS deals with the mortgages. How Object to the form. Object to form.

I don't know how they do it.

about the note that's created with the mortgage?

Does

MERS have any interaction or relationship with the note, to your knowledge? MS. FRIEDMAN: reiterate. Let me just stop again and

This Judge made it very clear at the

hearing, and I have his transcript, that the depositions that are taken go far too long, that whoever takes this deposition -- and I have the transcript of the hearing if you'd like to read it -MR. FLANAGAN: MS. FRIEDMAN: I've read it. -- is to get in and out, and

the order expressly says, "It shall be limited to Patricia Arango's execution of the assignment of Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 27

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

mortgage in this case." How MERS tracks, when they create a MIN number, you haven't noticed her in her capacity as a representative of MERS. capacity. She is not here in that The

You named her individually.

questions are limited to her execution. MR. FLANAGAN: get to. MS. FRIEDMAN: No, you're not. You're That's what I'm trying to

asking questions about MERS, their practices, how they do things. That is not anything related to

Ms. Arango's execution of the assignment of mortgage. MR. FLANAGAN: for it. MS. FRIEDMAN: That's not a foundation. It's laying the foundation

That's a foundation for some break you may have with MERS. That has nothing to do with the It is

assignment of the mortgage by Ms. Arango. well beyond. MR. FLANAGAN:

Ms. Arango signed as an

assistant secretary of MERS. MS. FRIEDMAN: she executed it. MR. FLANAGAN: Right. And that's what I'm The order is limited to how

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

trying to find out. MS. FRIEDMAN: capacity. No. You're asking about her

That's not what the Court's order says. Whether or not she had the

MR. FLANAGAN:

capacity to do this is most certainly -MR. ROSENQUEST: Your last question was

what MERS has to do with promissory notes. MR. FLANAGAN: MS. FRIEDMAN: That's right. That is not her capacity to

execute, and that's well beyond the scope of this order. BY MR. FLANAGAN: Q. Do you know if the note that accompanied

this mortgage was registered or tracked at all by MERS? A. May I answer? MS. FRIEDMAN: THE WITNESS: BY MR. FLANAGAN: Q. Okay. Does -- to your knowledge, does the If you know. I don't know.

note have to accompany the mortgage in order for foreclosure to be able to take place? A. Repeat -MR. ROSENQUEST: BY MR. FLANAGAN: Q. Does there have to be a unity of ownership Object to form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 29

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

in the note and the mortgage in order for foreclosure to take place? MS. FRIEDMAN: question. MR. ROSENQUEST: MS. FRIEDMAN: is a fact witness. MR. FLANAGAN: prompting her. Counsel, don't start Same objection. The law decides that. This Form. It's a legal

She's a lawyer already. I'm not prompting her. Yes, you are. Just follow the order. You're asking me for a legal

MS. FRIEDMAN: MR. FLANAGAN: MS. FRIEDMAN: THE WITNESS:

conclusion, obviously. MR. FLANAGAN: You're a lawyer. MS. FRIEDMAN: with anything? witness. You don't wear both hats. here. BY MR. FLANAGAN: Q. Does the note and the mortgage have to have That's why I'm What does that have to do She's here as a That's exactly right.

I'm her attorney.

a unity of foreclosure in order -- a unity of title in ownership in order for a foreclosure to --

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 30

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. ROSENQUEST: MS. FRIEDMAN: MR. NEWMAN: THE WITNESS: question down. BY MR. FLANAGAN: Q. No, ma'am.

Same objection. Object to the form.

Join. I think you need to break the

Does there have to be a unity

of ownership of both the mortgage and the note in order for an entity to pursue foreclosure in Florida? MS. FRIEDMAN: Object to the form. Calls

for a legal conclusion. THE WITNESS: In Florida, all you have to

do is own the note in order to foreclose. BY MR. FLANAGAN: Q. concerned -A. There are many cases on it. There's So far as your understanding is

several, several cases. foreclose in Florida. Q. Okay.

There's different ways to

So as far as you're concerned, there

does not have to be a unity of ownership? MR. ROSENQUEST: not what she said. MR. NEWMAN: MS. FRIEDMAN: Join. Exactly. Join. Object to form. That's

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 31

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
order.

THE WITNESS:

In Florida -- I'll just have In Florida, there

to repeat what I just stated.

are several ways in which to foreclose on a mortgage. BY MR. FLANAGAN: Q. A. Okay. Those are what? You

You can foreclose by being a servicer.

can foreclose by being the owner of the note.

You don't

have to be, you know, the one expressly listed on the mortgage or whatnot. Q. Okay. To foreclose on a mortgage, does the

entity have to have an ownership interest in the mortgage? MR. ROSENQUEST: MR. NEWMAN: MS. FRIEDMAN: for a legal -THE WITNESS: No, you can be -Object to form.

Form. Object to the form. Calls

(Reporter interrupted-overlapping speakers.) MS. FRIEDMAN: Object to the form. Calls

for a legal conclusion. MR. NEWMAN: Join. Beyond the scope of the

MR. ROSENQUEST:

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 32

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
reporter.) reporter.) Sorry.

MR. NEWMAN: MS. FRIEDMAN: THE WITNESS:

Join. Add. Yes, join that too.

Now I forgot the question.

MR. FLANAGAN:

All right.

Will you read

the question back, please. (A portion of the record was read by the

THE WITNESS: BY MR. FLANAGAN: Q.

No.

As the assistant secretary for MERS in

execution of the assignment, is it your understanding that MERS can transfer legal title of the mortgage? MR. ROSENQUEST: Object to form. She

wasn't noticed in her capacity as an assistant secretary of MERS. MR. NEWMAN: MS. FRIEDMAN: MR. ROSENQUEST: on behalf of MERS. MS. FRIEDMAN: back, please. (A portion of the record was read by the Would you read the question Join. Join. She's not here testifying

THE WITNESS:

Yes, they can assign.

They

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 33

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

assign out their -- it states here, for instance, "MERS is the mortgagee under this security instrument." They can assign their interest under

exactly what it states here, yes. BY MR. FLANAGAN: Q. Okay. MS. FRIEDMAN: THE WITNESS: MS. FRIEDMAN: THE WITNESS: BY MR. FLANAGAN: Q. And what interest, then, did MERS have in What do you mean by here? In the mortgage. Exhibit what? Exhibit 3.

that mortgage with Mr. MR. ROSENQUEST: Object to form to the

extent you're asking her to testify on behalf of MERS. THE WITNESS: They acted solely as a

nominee for lender and lender's successors and assigns as indicated in Exhibit 3 in the mortgage. BY MR. FLANAGAN: Q. Okay. So they are the holder or the

custodian for the mortgage. MR. ROSENQUEST: MR. NEWMAN: Object to form.

Join. I'm going to object to

MR. ROSENQUEST:

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 34

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

this whole line of questioning.

And I'm happy to

put it as a standing objection if counsel will agree -MR. FLANAGAN: MR. ROSENQUEST: Sure. -- to the extent she's

being asked to testify on behalf of MERS. MR. FLANAGAN: MR. ROSENQUEST: Sure. I also object to that

question as mischaracterizing her testimony. MS. FRIEDMAN: And I'm about to stop any

questions and instruct her not to answer if you don't move on to the sole issue in which you have been authorized pursuant to Court order to conduct this deposition, and that is to her execution of the assignment of mortgage. MR. FLANAGAN: BY MR. FLANAGAN: Q. MERS was designated as the nominee or the That's what I'm getting to.

agent, correct, in that mortgage? MS. FRIEDMAN: THE WITNESS: Object to the form. It states here what MERS is.

"MERS is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is

acting solely as a nominee for lender and lender's successors and assigns."

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 35

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FLANAGAN: Q. agent, right? MR. ROSENQUEST: MS. FRIEDMAN: MR. NEWMAN: MS. FRIEDMAN: dictionary. THE WITNESS: nominee. BY MR. FLANAGAN: Q. Okay. And as a nominee, does MERS have the It states here that it is a Object to form. Object to the form. Join. She's not here as a And another word for a nominee would be

ownership of the mortgage? A. It states here it's acting solely as a

nominee for the lender. Q. A. note. Okay. So --

The lender is -- and it indicates who's the That states

The note means the promissory note.

that the borrower owes the lender. Q. Okay. Now, as far as you were concerned in

December of 2008, was MERS the owner of the mortgage? A. lender. Q. A. And the lender was? The lender -- the original lender was They were acting as a nominee for the

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 36

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Countrywide Home Loans, Inc. Q. A. Q. Okay. Who was the lender in December 2008?

I don't know. Had there been any transfer of the

ownership by the lender to another entity prior to December 2008, to your knowledge? A. Q. out? A. I would not know the exact time. I don't There may have been. How would you know? I don't know. How would you find

work for the company. Q. I understand. You executed the assignment of the mortgage in this case. A. Q. Correct. Let me show you what was attached as We'll have it marked

Exhibit 3 to the amended complaint. as Exhibit 4.

(Defendant's No. 4, Assignment of Mortgage, was marked for identification.) BY MR. FLANAGAN: Q. Take a look at Exhibit 4. MS. FRIEDMAN: MR. FLANAGAN: MS. FRIEDMAN: Is that --

Can I take a look at it? Absolutely. I'd appreciate it if you'd

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 37

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
role?

just hand me the exhibits first. This has been reduced down from the size. If you don't mind, I'm going to let her look at the size that was attached to the complaint because it's easier to read. exhibit. BY MR. FLANAGAN: Q. A. Q. A. Q. Do you recognize Exhibit 4? Yes. That is your signature? Yes, it is. Okay. How did it come to you that you There's your

needed to sign an assignment of that mortgage? A. I can't remember this particular one and

how that occurred, but normally the procedure is for the paralegal who is within the assignment of mortgage department to prepare the document when it is called for by an examiner, and then it is brought to me to review and execute. Q. Okay. So I take it you weren't really the

managing attorney or the lead attorney for the foreclosure action itself. A. Q. No. You were just kind of up in a supervisory

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 38

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.

Right, in a separate department. Okay.

Correct.

And do you recall any specifics

about this particular assignment, the execution of it -A. Q. No, I don't. -- who was involved when it happened,

anything like that? A. Q. No. Okay. The assignment is dated

December 2008, correct? A. Q. Correct. And when the information was brought to

you, was it presented to you with a file or any other information concerning the loan, the payments, anything along those lines? A. Q. I don't remember. Do you customarily review the file

pertaining to the loan in order to execute the assignment? A. Q. was needed? MR. ROSENQUEST: Object to form. And I'm Yes. How did you determine that an assignment

not sure that she testified that she made that determination. MS. FRIEDMAN: In fact, she testified --

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 39

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. ROSENQUEST: MS. FRIEDMAN: THE WITNESS: BY MR. FLANAGAN: Q. A. for my name. of one.

Somebody else did. -- otherwise.

I reviewed the document.

You reviewed what? I reviewed -- number one, I always review People spell my name wrong, two Rs instead

I review to make certain that the date is on

there, who it's coming from, it's MERS, something that I can actually have authority to execute. Q. Countrywide? A. Q. Financial -A. Correct. Something that I can -- right, On behalf of MERS. Okay. With regard to the Countrywide Okay. Authority to execute on behalf of

something that I have authority to actually execute. Q. Okay. Do you then do anything to determine

whether or not Countrywide is in fact the owner of the mortgage? MR. ROSENQUEST: MS. FRIEDMAN: MR. ROSENQUEST: You're asking -Object to the form. -- specifically whether or

not -- are you asking specific about this assignment -Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 40

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. FLANAGAN: MR. ROSENQUEST: MR. FLANAGAN: THE WITNESS:

Yes. -- or in general? Yeah. To who I -- I review the --

there is, on the MERS website, there's -- I don't remember what I exactly did in this specific case or how I did it or what I did, but my normal is to review the MERS. They have a website where you

can insert the MERS MIN number and make certain that it's -- who it's serviced by and who it's owned by. BY MR. FLANAGAN: Q. Okay. Does MERS use what you identified as

the MIN number, M-I-N meaning MERS identification number? A. Yes. That's indicated on the website. Object to the form.

MR. ROSENQUEST:

You're asking her to testify on behalf MERS. BY MR. FLANAGAN: Q. A. Q. Is that what you mean by MIN? MERS identification number, yes. Okay. And as you understand, is the

mortgage, once it's created, for example, Mr. it's given a number and that's how the MERS System tracks it? MS. FRIEDMAN: Object to the form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 41

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
went to? A. go to. A. Q. A. Q. A. Q. A. Q.

MR. ROSENQUEST: THE WITNESS:

Join.

I don't know how they track

it but I know that there's a MERS MIN number and I insert that to locate it. BY MR. FLANAGAN: Q. A. Okay. Did you do that in this case?

Like I said, I can't remember exactly what

I did, but that's my normal procedure, yes. Q. So MERS has a computer entry that you can

Correct. All right. Yes. -- to its system? Yes. By computer? Yes. Is that the same computer system that you MERS has public access --

Yes.

I have it as -- whatever their system

is, whatever their public access, I have it as a link on my computer. Q. A. Q. Sure. Yeah. Okay. And then to find out what's going

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 42

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

on, you plug in the MERS ID number, the MIN number -A. Q. A. Q. Sure. -- and it provides information. Sure. Okay. MS. FRIEDMAN: take a deep breath -THE WITNESS: MS. FRIEDMAN: BY MR. FLANAGAN: Q. Do you know how the information that's Sorry. -- and let us object. Let him finish the question,

there for you to review is input? A. No. MR. ROSENQUEST: BY MR. FLANAGAN: Q. Do you know -- do you customarily rely on Object to form.

that information, though, to give you the accuracy as to who the owner of the mortgage is at any given point in time? A. Q. That's not the only thing I review. I understand, but when you're looking on

MERS, in their system at the ID number, you're relying upon the accuracy of that information. MS. FRIEDMAN: MR. ROSENQUEST: Object to the form. Join.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 43

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. NEWMAN: THE WITNESS:

Join. I use it as one of the tools

to verify and review what I'm executing. BY MR. FLANAGAN: Q. Okay. What other tools would you have used

at the time that you were reviewing this loan? A. Sometimes, depending on different

circumstances, I'll review certain things, you know, from the referral or from different things from the system, from our case management system. Q. All right. Did you refer to any other

documents in this case before you executed the assignment? A. I don't remember exactly in this particular

case, but normal procedure is to review what's in the system, in the case management system. Q. Okay. What did the MERS information

indicate to you when you pulled it up for your -MR. ROSENQUEST: BY MR. FLANAGAN: Q. A. Q. A. Q. -- review at the time of this -I can't remember. -- execution? I can't remember. Would it have had to have indicated to you Object to form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 44

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

that Countrywide Home Loans Servicing LP was the owner at that time? MS. FRIEDMAN: MR. ROSENQUEST: MR. NEWMAN: THE WITNESS: Object to the form. Join.

Join. Yes. They're the servicer.

I don't remember what I did or when I looked at it. BY MR. FLANAGAN: Q. A. What do you mean they're the servicer? Well, Countrywide Home Loans Servicing, I

executed this assignment from MERS into Countrywide Home Loans Servicing LP. Q. Okay. So if they're a servicer, is that

separate and distinct from them being the owner? MS. FRIEDMAN: MR. ROSENQUEST: MR. NEWMAN: THE WITNESS: Form. Join. Object to the form.

Join. The servicer services the

loan, and you can have, obviously, different owners. BY MR. FLANAGAN: Q. Okay. Does -- to your knowledge, does

Countrywide Home Loans Servicing LP own the mortgage in this case? Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 45

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. ROSENQUEST: MS. FRIEDMAN: the form. '08? MR. FLANAGAN: THE WITNESS: MS. FRIEDMAN: BY MR. FLANAGAN: Q. Okay.

Object to form. And let me just object to

You're talking now or in December of

Now. They're the servicer. Now?

They're the servicer.

Does that

mean they're not the owner? A. in the note. Q. A. Meaning what? They don't get the proceeds. They receive They do not obtain the beneficial interest

the proceeds from the borrower by virtue of their payments, but obviously there's a different owner. don't own it. Q. A. Okay. So -They

Beneficial, you know, the beneficial

interest in the actual loan. Q. Okay. So then if they are not the owner of

the note, then in paragraph 4 of the amended complaint stating that "Plaintiff, Countrywide Home Loans Servicing LP is the owner/holder of the subject note and mortgage" would be inaccurate. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 46

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN: THE WITNESS:

Object to the form. It depends on how you are

relating the definition of those particular words because, for instance, you can, you know, quote, unquote, own the mortgage with respect to obtaining the proceeds, meaning the payments from the borrower, and thereby, quote, unquote, own the mortgage. believe. BY MR. FLANAGAN: Q. Okay. But the beneficial interest in this That's many times what borrowers even

note is not owned by Countrywide Home Loans Servicing LP, right? MR. NEWMAN: MS. FRIEDMAN: THE WITNESS: Object to form. Join. Not the beneficial interest.

I believe that's what exactly the paragraph 4 states, exactly what I'm saying. BY MR. FLANAGAN: Q. Okay. Paragraph 4 states, "Plaintiff,

Countrywide Home Loans Servicing LP, is the owner" -excuse me. "Plaintiff is the holder/owner of the subject note and mortgage." A. Yes. That's what it states, yes. Correct.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 47

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Okay.

But what you're telling me is that

plaintiff is the servicer for the mortgage. A. Servicer/holder, which coincides with what

that is indicating as well. Q. A. Okay. Who's the owner of the mortgage?

The owner with the beneficial interest in

the -- well, the owner, the holder servicing it is Countrywide Home Loans Servicing LP. Q. Okay. But my question was who's the owner

of the mortgage? A. The owner -MS. FRIEDMAN: ahead. THE WITNESS: Well, the owner of the Object to the form. Go

beneficial interest in the note is Fannie Mae. BY MR. FLANAGAN: Q. Okay. I didn't ask about the note. My

question was, who's the owner of the mortgage? A. Q. the note? A. Q. A. Fannie Mae. Okay. So Fannie Mae has the note, correct? They have the beneficial interest Countrywide Home Loans Servicing. And who has the ownership and interest in

Correct.

in the note, correct. Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 48

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Sorry.

Q.

And was that the situation back in December

of 2008 when you executed the assignment? A. Q. Yes. Okay. At that time, who was the owner of

the beneficial interest in the mortgage? A. The beneficial interest in the note was The interest in the mortgage was as

held by Fannie Mae.

to, arguably, the interest in the mortgage was both entities, the plaintiff and the Fannie Mae. Q. Do you have any documents establishing your

authority to execute any assignments on behalf of Fannie Mae? A. Did I bring them? What? Say that again.

Q.

Do you have any documents indicating your

authority to execute assignments on behalf of Fannie Mae? A. Q. I don't know. Fannie Mae -- excuse me. The mortgage is to secure the note, right? A. Q. The mortgage follows the note, yes. Okay. And if Fannie Mae has the note, they

have to transfer or assign their interest in that note -MR. ROSENQUEST: BY MR. FLANAGAN: Q. -- to someone else. Object to form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 49

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
right?

MS. FRIEDMAN: MR. NEWMAN: THE WITNESS: BY MR. FLANAGAN: Q. A. Q. Okay.

Form. Object to form. I don't know.

Do you know if they did it?

I don't know really what you're asking me. The mortgage secures the note, right? MS. FRIEDMAN: Object to the form. That's

not what she said. the note. BY MR. FLANAGAN: Q. No.

She said the mortgage follows

You want to rephrase your question?

My question is:

The mortgage is

security for the note, right? A. The mortgage acts as security for the note.

It follows the note, correct. Q. Okay. Now, Fannie Mae is the note holder,

MR. ROSENQUEST: MR. NEWMAN: MS. FRIEDMAN: MR. ROSENQUEST: MS. FRIEDMAN: THE WITNESS:

Form.

Object to form. Form. When? That's not what she said. Are you asking me now

currently or back then?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 50

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FLANAGAN: Q. A. Back then. You have to repeat the question. Would you

read the question? (A portion of the record was read by the reporter.) THE WITNESS: Fannie Mae has the beneficial

interest in the note. BY MR. FLANAGAN: Q. A. there's -MR. NEWMAN: question pending. BY MR. FLANAGAN: Q. A. Why did you differentiate that? There's so many different ways and Objection. There's no Okay. The reason I differentiate that is because

terminologies people use the word holder is why I say that. That's why I make sure that I say beneficial

interest in the note. Q. A. Okay. Now -And to

To clarify -- one more statement.

clarify the fact that I made the statement in that Countrywide Home Loan Services LP, they hold the note, it's, you know... Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 51

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN: questions. BY MR. FLANAGAN: Q.

Patricia, just answer his

When you executed the assignment of

mortgage in December of 2008 when you executed Exhibit No. 4, did you glean from the MERS information that you reviewed that Fannie Mae was the note holder? MS. FRIEDMAN: MR. NEWMAN: Object to the form. Join. Join.

MR. ROSENQUEST: THE WITNESS:

The MERS -- I don't remember

looking at that particular website at that particular time. I don't remember exactly what

steps I took when I reviewed it and executed it at that time. BY MR. FLANAGAN: Q. Okay. Did the MERS information at that

time reflect that Fannie Mae was the note holder? MS. FRIEDMAN: MR. NEWMAN: Object to the form. Object to form. Join.

MR. ROSENQUEST: THE WITNESS:

I don't remember exactly

looking at that website the exact time. BY MR. FLANAGAN: Q. Okay.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 52

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN: BY MR. FLANAGAN: Q. A. Q.

Do you have a copy of it?

Have you looked at it recently? Yes. Okay. I'm going to show you a six-page

document with the cover letter dated August 27th of '09. MS. FRIEDMAN: Tell me why this is relative

to an assignment that was done December of '08. MR. NEWMAN: MR. FLANAGAN: MS. FRIEDMAN: December of '08? MR. FLANAGAN: MS. FRIEDMAN: No. Let me just object to this This document is Also, do we have copies? Yep. Do have you one from

whole line of questioning.

meaningless in the context of what was done in December of '08. MR. NEWMAN: Join. I'll join too. First of all, let me also

MR. ROSENQUEST: MS. FRIEDMAN:

clarify, this is not a reflection of what you obtain off of the web, of the MERS website. This

is, rather, documents responsive to a subpoena served upon MERS; is that correct? MR. FLANAGAN: Yeah.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 53

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN:

Very different than what you

see on the screen shot, correct? MR. FLANAGAN: MS. FRIEDMAN: MR. FLANAGAN: MS. FRIEDMAN: MR. FLANAGAN: Exhibit 5. (Defendant's No. 5, 8/27/09 Letter from Richard Anderson to Ariane Ice, with Attachments, was marked for identification.) BY MR. FLANAGAN: Q. Take a look at Exhibit 5. MS. FRIEDMAN: Let me just make an This document says it We'll get to that. Just...

Have you marked a copy? Not yet. Do I have a copy? Let's have this marked as

objection on the record.

refers to a subpoena served upon MERS in the above styled case, calling for the production of documents by MERS to the plaintiff. Adriane [sic] Ice does not represent anybody. She's not even an attorney, as I

understand it, even though this was sent to her. And it obviously wasn't a subpoena to the plaintiff. And there's nothing on the Court

docket showing that there was a subpoena with the requisite time frame noticing it to the other

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 54

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

parties anywhere, so I'm wondering how a nonlawyer, Adriane [sic] Ice, managed to get documents from a nonparty without it appearing on the Court docket, without notice going to the plaintiff -- the plaintiff's counsel. MR. NEWMAN: MS. FRIEDMAN: BY MR. FLANAGAN: Q. Have you ever seen those documents attached I join in the objection. Most interesting.

to Exhibit No. 5 previously? A. Q. I have not. Okay. Do you recognize the MERS letterhead

on the cover letter? A. Q. A. Q. On the upper left? Yes, ma'am. Their name? Okay Yes.

does that appear to you to reflect

MERS documents pertaining to the loan of my client, Mr. MR. ROSENQUEST: MR. NEWMAN: MS. FRIEDMAN: THE WITNESS: Object to form.

Object to form. Form. I don't know. You're asking -She didn't know.

MR. ROSENQUEST: MS. FRIEDMAN:

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 55

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FLANAGAN: Q. Have you ever seen printouts like those

from MERS in your capacity as their assistant secretary? MR. ROSENQUEST: MR. NEWMAN: THE WITNESS: Object to form.

Object to form. I don't know. Can we have a standing --

MR. ROSENQUEST:

do you agree on the record to a standing objection that to the extent that you're asking her to testify on behalf of MERS? MR. FLANAGAN: MR. ROSENQUEST: Sure. Okay. Because otherwise

I'm going to have to just keep objecting every time you mention MERS. MR. FLANAGAN: THE WITNESS: BY MR. FLANAGAN: Q. Okay. When you go onto the -- when you Yeah. That's not a problem.

I don't know.

enter the MERS website for purposes of confirming information when you're doing assignments or any foreclosure work, does the detail of the information attached on those pages come up to you? A. Q. those lines? I have never seen this before for this, no. You've never seen anything like, along

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 56

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. what I see. Q.

I don't remember if I have but this is not

Okay. MR. FLANAGAN: Let's have this marked as

Exhibit 6. (Defendant's No. 6, Page Printed from the MERS Servicer ID Website, was marked for identification.) MS. FRIEDMAN: Usually you show it to the

other side before having it marked. MR. FLANAGAN: MS. FRIEDMAN: BY MR. FLANAGAN: Q. Take a look at Exhibit 6 for me. MR. ROSENQUEST: copies? MR. FLANAGAN: got it someplace. BY MR. FLANAGAN: Q. Is that document consistent with you for I'm looking for those. I've Jim, do you have any other That's what I'm doing. No, after it was marked.

the display page that would come up on the computer screen when you go into MERS System? A. Q. This is what I normally see. Okay. And do you note that the MIN or

MERS identification number for this loan is there -A. Yes.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 57

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. A. Q.

-- on Exhibit 6? I see MERS ID number. And so the MERS documents are showing who

was the servicer for this loan currently. A. Correct. MR. ROSENQUEST: MR. NEWMAN: Objection.

Objection. Jim, when was this -- I

MR. ROSENQUEST: haven't seen this. MS. FRIEDMAN: MR. FLANAGAN: MR. ROSENQUEST: printout? MR. FLANAGAN: MS. FRIEDMAN: MR. ROSENQUEST:

He said currently. I said currently. Is that a current

Yes. Let me object to the form. I'll just note for the

record that the printout is dated January 5, 2011. Thanks, Jim. MS. FRIEDMAN: me? Thank you. You don't have a copy for

BY MR. FLANAGAN: Q. Exhibit 6 establishes the current servicer

according to MERS for this loan as who? A. Servicing LP. Their website shows BAC Home Loans

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 58

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
note?

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

Okay. Yes.

And does it also show an investor?

What's the term investor mean to you? The investor behind this loan. Is what entity according to MERS? Fannie Mae. Okay. So Fannie Mae is the owner of the

MR. ROSENQUEST: not what she said. MR. NEWMAN: THE WITNESS:

Object to form.

That's

Join. The investor that has the

beneficial interest in the loan, yeah. BY MR. FLANAGAN: Q. Okay. So that would be the entity entitled

to foreclose, then, on the mortgage, right? MS. FRIEDMAN: MR. NEWMAN: MS. FRIEDMAN: THE WITNESS: Oh, my God. Object to the form. Object to the form. You can foreclose in Florida You don't have to be the

in many different ways.

sole owner of the note in order to foreclose. BY MR. FLANAGAN: Q. Okay. Then is there any documentation that

you have seen that authorizes or permits Countrywide Home Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 59

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Loans Servicing LP to foreclose on the mortgage on behalf of Fannie Mae? MS. FRIEDMAN: THE WITNESS: Object to the form. I don't know. I don't know

if I've seen any document. BY MR. FLANAGAN: Q. Are you aware of any assignment or

agreement between Fannie Mae and Home Loans Servicing, Inc. that authorizes Countrywide Home Loans Servicing LP to function in that capacity? A. Q. A. Yes. What? I am aware. I am aware that there -- that

BAC Home Loans Servicing LP has the right to foreclose. Q. Hang on a minute. MS. FRIEDMAN: Countrywide. BY MR. FLANAGAN: Q. I asked you about Countrywide Home Loans You jumped --

He asked you about

Servicing LP and Fannie Mae. A. Oh, Yeah. Yeah. Yeah. I'm aware. You

asked if I was aware.

You asked me several other things

if I had seen and if I was aware. Q. I'm asking, have you seen any document that

authorizes Countrywide Home Loans Servicing LP to Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 60

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

function on behalf of Fannie Mae for foreclosure or servicing -A. Q. A. Q. A. Q. I don't know. -- of the loan? I don't know. Okay. I may have. Did you check to see if there were any such

documents in existence back in December of 2008? A. I don't remember what exactly I did when I

executed the assignment of mortgage in '08. Q. Was Fannie Mae the note holder in 2008,

December of 2008? MS. FRIEDMAN: THE WITNESS: Object to the form. They held the beneficial

interest in the note, yes. BY MR. FLANAGAN: Q. MERS didn't receive payments for the

mortgage, right? A. I don't know. MR. ROSENQUEST: BY MR. FLANAGAN: Q. That's by the mortgage servicer? MS. FRIEDMAN: THE WITNESS: Object to the form. What do you mean, that's by Object to form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 61

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the -BY MR. FLANAGAN: Q. the mortgage. A. Q. A. Q. A. Q. A. Servicing LP. Q. Okay. Now, they're the entity that Correct. And that is who? At the time -Yes, ma'am. -- when I executed it? Yes, ma'am. It was, to go back, Countrywide Home Loans You mentioned that there's a servicer for

essentially collects the payments from the borrower. A. Q. The servicer does. And then they forward some portion of the

payment to the owner of the note? MR. NEWMAN: MS. FRIEDMAN: THE WITNESS: BY MR. FLANAGAN: Q. But MERS, in any event, doesn't receive the Object to form. Join. I don't know.

payments, right? MS. FRIEDMAN: MR. ROSENQUEST: Object to the form. Object to form.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 62

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MR. NEWMAN:

Join. Getting outside the scope

MR. ROSENQUEST:

of the Court's order as well. THE WITNESS: the servicer. BY MR. FLANAGAN: Q. Do you know if MERS has rules and I don't know. They're not

regulations concerning the authority to make assignments? A. Q. I don't know. Does MERS limit the authority to make

assignments to only its members? MS. FRIEDMAN: MR. ROSENQUEST: MS. FRIEDMAN: MR. NEWMAN: THE WITNESS: BY MR. FLANAGAN: Q. Do you know who input the information into Object -Object to form. -- to the form. Join. I don't know.

the MERS System reflecting Fannie Mae as having the beneficial ownership interest in the note? MR. ROSENQUEST: MS. FRIEDMAN: MR. ROSENQUEST: Object to form. Object to the form. And we're well beyond the

scope of this deposition. MR. NEWMAN: Join.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 63

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
county. Q. A. Q.

THE WITNESS: BY MR. FLANAGAN: Q. excuse me.

I don't know.

Once you executed the authorization or --

Once you executed the assignment, Exhibit No. 4, what did you do with it? A. Q. A. Q. A. Q. A. After I executed it? Yes, ma'am. I gave it back to the paralegal. And then where does it go from there? It gets sent for recording. Recording where? To the public records of the particular

In this case, Palm Beach County? In this case, in Broward.

And is that where the original of the

assignment went, was to the clerk's office for recording? A. Q. A. Q. That's the only way they'll record it. Okay. Did you send a copy to MERS?

That isn't our procedure. Does MERS get copied with the assignment in

any point in time, to your knowledge? A. Q. No. How about Fannie Mae, did Fannie Mae get

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 64

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

copied with the assignment? A. Q. July 2008. A. I don't know. Bank of America took over Countrywide in Were you aware of that at the time? I don't remember the exact date. I know

they were taken over. Q. All right. When you were considering

executing this assignment in December 2008, did you speak with anyone at Bank of America concerning the authority to execute the assignment? A. Q. No. Had there been any change in corporate

resolutions with regard to what Countrywide could or couldn't do after July of 2008 -A. Q. had executed? A. Q. I don't know. Had there been any change by Bank of I don't know. -- with regard to the mortgages that they

America with regard to who could or couldn't authorize or execute assignments on their behalf at that time? MS. FRIEDMAN: THE WITNESS: BY MR. FLANAGAN: Q. Was Bank of America reflected in the MERS Object to the form. I don't know.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 65

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

System as the servicer back in December of 2008? A. Q. A. Q. A. Q. I don't know. That's who is currently reflected, right? Yes. Isn't it Bank of America Corp.? BAC Home Loans Servicing, right. Yeah. What's the relationship between

Countrywide Home Loans Servicing LP and BAC Loans Servicing? MS. FRIEDMAN: MR. NEWMAN: Form. Join. Join.

MR. ROSENQUEST: THE WITNESS: they took them over. BY MR. FLANAGAN: Q. A. Do you know when? I don't know. MS. FRIEDMAN: blood sugar dropping? THE WITNESS: MS. FRIEDMAN: MR. FLANAGAN: MS. FRIEDMAN:

It's my understanding that

Do you need to eat?

Is your

(Nods head.) Okay. Do you need to take a break? Yeah. Well, she needs to

eat, so how much longer do you have? MR. FLANAGAN: Maybe a half hour.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 66

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
12:11 p.m.)

MS. FRIEDMAN: MR. FLANAGAN: MS. FRIEDMAN: THE WITNESS: MS. FRIEDMAN: MR. FLANAGAN:

She can't go a half hour. I'll take a -- I'm not -She needs to eat lunch. I have -- I get... Hypo -I can sympathize with that.

Do you want to take a break? MS. FRIEDMAN: THE WITNESS: That's all I have. MS. FRIEDMAN: it so good. THE WITNESS: MR. FLANAGAN: I know. Why don't we take a break We both know that doesn't do Did you bring anything? I think I brought peanuts.

for half an hour and you can run downstairs and get a sandwich or whatever you need, okay, because I don't want to make you uncomfortable with -THE WITNESS: MR. FLANAGAN: MS. FRIEDMAN: I just feel like... That's okay. I can see it on your face.

(A recess was taken from 11:37 a.m. to

BY MR. FLANAGAN: Q. In referring to Exhibit No. 6, the computer

screen that you said you're familiar with for MERS, in

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 67

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

December of 2008 when you executed the assignment, the investor information that's reflected on this exhibit, was that available for you to see at that time? A. Q. I don't remember. Was there any other screen or information

that you could access through MERS other than just this generic information that currently comes up? A. I don't know if they're -- I know I've gone

on there before and looked around and dissected, but usually this is the only thing that I utilize. Q. Okay. But in your relationship with MERS

or generally just in doing the foreclosure work, you didn't get access to some other MERS computer program -A. Q. the public. A. Q. Correct. Okay. There's another copy of the Take a Right. -- other than what's generally available to

assignment of mortgage that we've been provided. look at that, if you would. Exhibit 7.

We'll have it marked as

(Defendant's No. 7, Assignment of Mortgage, was marked for identification.) BY MR. FLANAGAN: Q. Do you recognize that as another copy of

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 68

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

the assignment that you executed December 18th? A. Q. page there? A. Q. (Nods head.) And yet it's different from the one that we Yes. Is that your signature in the center of the

had previously marked as Exhibit No. 4, right? A. Q. (Nods head.) Excuse me. It reflects to me that you made

two different -- prepared two different documents that day. Is that your recollection? A. Q. No. All right. Can you explain to me the

difference and the reason for the difference? A. It appears the difference in the two is in

the middle area after -- where it says "more particular." Q. A. Q. A. documents. no idea. Q. Do you have any recollection what was going To describe the property. Yes. Yeah. I don't know that it's really two different It may in fact be the same document. I have

on and what prompted the -A. No.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 69

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q. A. Q.

-- alteration or the change? No, I do not. Okay. Do you recall the passing of time,

if any, between executing both of them? A. Q. No, I don't. Did you have present at the time of the

execution the legal property description, any loan document, any loan origination documents, anything along those lines that you would have reviewed before you did the assignment? MR. ROSENQUEST: Which assignment? front of her. MR. FLANAGAN: MS. FRIEDMAN: THE WITNESS: Exhibit 6 or, excuse me, 7. Seven. Okay. I don't -- like I said Which one? Objection.

Sorry, you put an exhibit in

before, I don't remember actually executing it but the procedure that I undertake is I review things in our case management system. BY MR. FLANAGAN: Q. Okay. Which is -- what's in the case

management system as far as documentation? A. Referral, copy of the mortgage, the note,

several documents that -- we try to have everything, you know, E-filing type thing in the office so it's

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 70

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

electronic copies of things. Q. Okay. And you figure that you customarily

would have reviewed those documents before preparing the assignment? A. Q. Yes. All right. Which one of these Exhibit 4 or

Exhibit 7 was first done by you? A. Q. I don't know. You didn't forward your copy of your Did you forward it to Countrywide or

assignment to MERS. Fannie Mae? A. Q.

I don't know. Did you forward it to anyone other than the

clerk of the court, as you previously mentioned to me? A. Q. I don't know. When you executed the assignment in

December of '08, were you concerned that there may have been other assignments that had previously been done prior to yours? A. Q. I don't know. Did you have any way of checking to see if

someone else had done an assignment prior to you? A. The case management system, I don't

remember what I did in this particular case when I executed it. I would have only reviewed what was in our

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 71

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

case management system which includes examiner's notes, work sheets, the actual, all sorts of different documents from the review. Q. Okay. Have you seen any contracts or

agreements between Fannie Mae and Countrywide with regard to the ownership of the note? A. Q. No, I have not. To your knowledge, was there any corporate

resolution or action on the part of Bank of America to adopt and confirm your authority to sign on behalf of MERS for Countrywide? MS. FRIEDMAN: read that back? (A portion of the record was read by the reporter.) THE WITNESS: BY MR. FLANAGAN: Q. So then in December of 2008, do you know if I don't know. I'm sorry, would you just

you still had the authority to function on behalf of Countrywide through MERS? A. At the time that I executed the document, I Was it Exhibit 1?

relied upon the corporate resolution. Q. Number 1. Okay.

And do you know whether

or not that was still in effect at that time? A. It was my understanding that it was. I had

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 72

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

no knowledge that it had not been. Q. Had you attempted to contact anyone with

Bank of America to find out if that was in fact the case? MS. FRIEDMAN: THE WITNESS: Object to the form. I don't remember what I did.

I just relayed to you what I did. MS. FRIEDMAN: Let me just state an All of this assumes that

objection on the record.

Bank of America was even the entity in December of '08. MR. FLANAGAN: over and -MS. FRIEDMAN: you. Not. Not. I disagree with Oh, yeah. I mean, they took

I think your dates are wrong.

BY MR. FLANAGAN: Q. For Fannie Mae to be designated as the

investor in the MERS System, does that indicate to you that Fannie Mae had ownership of the note at that time? MR. ROSENQUEST: THE WITNESS: BY MR. FLANAGAN: Q. Sure. In the MERS System, if Fannie Mae is Object to form.

Can you repeat that again?

indicated as the investor, does that indicate to you that they had ownership of the note at that time? MS. FRIEDMAN: What time?

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 73

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
right?

MR. FLANAGAN: THE WITNESS:

In December of '08. I don't remember what it

indicated in December of '08, but as to the Exhibit 6, the investor is showing Fannie Mae. shows that they're the investor with the beneficial interest. BY MR. FLANAGAN: Q. All right. So would that indicate to you It

that there had been some type of a transfer or assignment of the note between Countrywide and Fannie Mae -MS. FRIEDMAN: BY MR. FLANAGAN: Q. A. Q. -- at some prior point in time? I don't know. MERS doesn't track the note information, Objection.

MR. ROSENQUEST: MS. FRIEDMAN: MR. NEWMAN: THE WITNESS: BY MR. FLANAGAN: Q. A.

Object to form. Object to the form.

Join. I don't know.

Have you been a party to any litigation? I don't know. My name may have been listed

as a defendant in a case but I don't know. Q. No, okay.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 74

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

MS. FRIEDMAN:

He means have you ever been

a plaintiff or a defendant. THE WITNESS: BY MR. FLANAGAN: Q. That's all. I mean, I know that you might I'm looking for Oh. Oh.

have been named and you may not know it. have you -A. Oh. Oh.

MR. NEWMAN:

Just for background purposes,

we get sued individually all the time so we don't even remember half the time. THE WITNESS: there have been -MR. NEWMAN: the time. THE WITNESS: but ten years. BY MR. FLANAGAN: Q. All right. Let me try and -- I don't want Correct. I wouldn't know, Wacko pro se people sue us all I've been there ten years and

to go wonder and hither, tither and hither. A. Q. Yeah. In your capacity as a lawyer, you or the

firm could be sued -A. Q. Right. -- any time, for any reason --

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 75

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A. Q.

Correct. -- legitimate or not, okay. Have you been named as a party defendant in

any litigation concerning execution of any assignments of mortgage as an assistant secretary of MERS? A. Q. Oh. No, not to my knowledge.

Have you given prior depositions in your

capacity as having signed assignments of mortgages for MERS? MR. ROSENQUEST: THE WITNESS: Object to form.

Yes. And scope of the

MR. ROSENQUEST: questions. BY MR. FLANAGAN: Q. A. Q.

On how many occasions? One. How long ago? I mean, are we talking three

years ago or last year? A. Q. No. Okay. No. Within the past year.

Does the name R.K. Arnold mean

anything to you? A. Q. No. Do you know Mr. Arnold, who is the

president of MERS? A. No.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 76

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
to do.

Q. A. Q.

You never heard of him? No. If he stated that in order to be a

certifying officer and sign an assignment on behalf of MERS somebody needed to pass and complete an examination, is that something that is familiar to you? A. Q. It's not familiar to me, no. Okay. I don't know.

That was not something that you had

A. Q.

I did not do that. Okay. And if he's saying that, if that was

a rule or a qualification, that was something that was not made known to you. MS. FRIEDMAN: THE WITNESS: Object to the form. I don't know. Join.

MR. ROSENQUEST: MR. NEWMAN: MR. FLANAGAN: MS. FRIEDMAN:

Join. Okay. Done. We read.

Thank you.

THE COURT REPORTER: transcribed? MR. FLANAGAN: exhibits. MS. FRIEDMAN:

Do you need this

Please, and attach the

I want a copy, please. Does anyone else need

THE COURT REPORTER:

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

a copy? MR. ROSENQUEST: that. I'll check. (Deposition concluded at 12:30 p.m.) Let me get back to you on

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 78

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

CERTIFICATE OF OATH

THE STATE OF FLORIDA, COUNTY OF BROWARD.

) )

I, Joyce L. Bluteau, Registered Professional Reporter, Notary Public in and for the State of Florida, certify that PATRICIA ARANGO personally appeared before me on the 7th of January, 2011, and was duly sworn.

WITNESS my hand and official seal this 10th day of January, 2011.

_____________________________ Joyce L. Bluteau, RPR, FPR

21

Notary Public - State of Florida My Commission DD 736713

22 23 24 25

Expires:

March 26, 2012

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 79

1 2 3

CERTIFICATE OF REPORTER THE STATE OF FLORIDA, COUNTY OF BROWARD. ) )

4 5 6 7 8 9 10 11 12 13 14 15 16 17
DATED this 10th day of January, 2011. I further certify that said deposition was taken at the time and place hereinabove set forth and that the taking of said deposition was commenced and completed as hereinabove set out. I further certify that I am not an attorney or counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected with the action, nor am I financially interested in the action. The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or direction of the certifying reporter. I, Joyce L. Bluteau, Registered Professional Reporter, do hereby certify that I was authorized to and did stenographically report the deposition of PATRICIA ARANGO; that a review of the transcript was requested; and that the foregoing transcript, numbered from 1 to 81, inclusive, are a true and correct transcription of my stenographic notes.

18 19 20 21 22 23 24 25
____________________________________ Joyce L. Bluteau, Registered Professional Reporter Florida Professional Reporter

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 80

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

DATE: January 10, 2011 TO: PATRICIA ARANGO C/O: MS. DALE L. FRIEDMAN, ESQ. CONROY, SIMBERG, GANON, KREVANS, ABEL, LURVEY, MORROW & SCHEFER, P.A. 3440 Hollywood Boulevard, 2nd Floor Hollywood, Florida 33021 IN RE: COUNTRYWIDE HOME LOANS SERVICING LP V MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, et al. Please take notice that on Friday, January 7, 2011, you gave your deposition in the above-referred matter. At that time, you did not waive signature. It is now necessary that you sign your deposition. Please call our office at the below-listed number to schedule an appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday. If you do not read and sign the deposition within a reasonable time, the original, which has already been forwarded to the ordering attorney, may be filed with the Clerk of the Court. If you wish to waive your signature, sign your name in the blank at the bottom of this letter and return it to us. Very truly yours, _________________________________ Joyce L. Bluteau, RPR, FPR Consor & Associates Reporting and Transcription 1655 Palm Beach Lakes Boulevard, Suite 500 West Palm Beach, Florida 33401 I do hereby waive my signature: _______________________________ PATRICIA ARANGO cc via transcript: file copy James Flanagan, Esq.

Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401

Page 81

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

E R R A T A IN RE:

S H E E T

COUNTRYWIDE HOME LOANS SERVICING LP V MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, et al.

DEPOSITION OF:

PATRICIA ARANGO

TAKEN:

01/07/2011

REPORTER: JOYCE L. BLUTEAU, RPR, FPR DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE PAGE # LINE # CHANGE REASON _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ Please forward the original signed errata sheet to this office so that copies may be distributed to all parties. Under penalty of perjury, I declare that I have read my

23 24

deposition and that it is true and correct subject to any changes in form or substance entered here. DATE:_______ SIGNATURE OF DEPONENT:______________________

25
Ph. 561.682.0905 - Fax. 561.682.1771 1655 Palm Beach Lakes Blvd., Suite 500 - West Palm Beach, FL 33401