1

IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA

2
3

AURORA LOAN SERVICES,

LLC,

CASE

NO.

50
4

2009 CA 000565XXXX MB

PLAINTIFF,
5
VS.

TELEPHONIC DEPOSITION
OF JOANN REIN

6 7 8

PERCY CASTILLO; C. L. E. HOMEOWNERS

ASSOCIATION,

INC; IN

JENNIFER CASTILLO;

UNKNOWN TENANT (S)
9
10 POSSESSION OF THE

SUBJECT PROPERTY,
DEFENDANTS

11

12
N|^k

TELEPHONIC DEPOSITION OF JOANN REIN,

taken

13
14 15

before April E. O'Malley, General Notary Public
within and for the State of Nebraska, beginning at

11:05 a.m., on the 17th day of November, 2011, at
the Offices of Thomas & Thomas Court Reporters

16 17 18 19 20
21 22

& Certified Legal Video, L.L.C., 1321 Jones Street,

Omaha, Nebraska, pursuant to the Federal Rules of
Civil Procedure.

23
24

^^^

25

Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing

1

APPEARANCE

S

2 3
4

FOR THE PLAINTIFF (VIA TELEPHONE) :
MR. STEVEN ELLISON BROAD AND CASSEL

One North Clematis Street, West Palm Beach, FL 33401
sellison@broadandcassel.com

Suite 500

(561)832-3300 FAX(561)655-1109
5

6

FOR THE DEFENDANTS
7 8

(VIA TELEPHONE) :

MS.

AMANDA L.

LUNDERGAN

ICE LEGAL,

P.A.

1015 North State Road 7,

Suite D

Royal Palm Beach, FL 33411
9 10
11 12

(561)729-0530 FAX(866)507-9888 amanda@ icelegal.com

ALSO

PRESENT

13
14

GENERAL NOTARY PUBLIC FOR THE

STATE OF NEBRASKA:

MS.

SANDRA J.

HANSON

(VIA TELEPHONE)

15 16 17 18 19 20
21

22 23
24

25

Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing

1

INDEX

2
3 4

5
6

CASE CAPTION APPEARANCES INDEX EXHIBITS TESTIMONY REPORTER CERTIFICATE READ & SIGN LETTER ERRATA SHEET
DIRECT EXAMINATION:

Page Page Page Page Page Page Page Page

1 2 3 3 4 88 89 90

7 8

By Ms. Lundergan

Page

4

9
10 11 12 13
14 15 16
17

EXHIBITS:

MARKED:

A. B.
C.

Assignment of Mortgage Mortgage
MIN Summary

Page Page
Page

41 72
87

18

19 20 21 22 23 24

25

Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)

1

(Whereupon,
had, to-wit:)

the following proceedings were

2
3 4 5

JOANN

REIN

having been first duly sworn by Sandra J.

Hanson,

General Notary Public for the State of Nebraska,
was examined and testified as follows:

6
7

(Ms.
DIRECT BY MS. LUNDERGAN:

Hanson leaves deposition.)
EXAMINATION

8
9

10 11
12

Q.

All right.

Joann,

can you please state

your name for the record?

A.
Q. A.

My name is Edna Joann Rein.
And do you go by Edna or Joann? I go by Joann.

13 14 15 16 17

Q.

Okay.

I'm just going to go over a few

instructions that your attorney may have told you,

but just a couple of things before we begin.
And this one will be especially important

18 19
20 21 22

since we are doing this telephonically.

Wait until

I complete by question before you answer, that way
she can take everything down and we're not trying to
talk at the same time.

23
24

Please try to give verbal answers only,

yes, no.

You can' t say uh-huh, huh-uh.

Those don' t

25

come out quite right on the transcript.
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)

l

I don't anticipate for this to go very

2 3 4 5 6 7

long, but if you do need a break, you need to take a
moment, just let me know.
Please answer the question unless your

attorney instructs you not to.

He may make some

objections, but please still answer the question unless he says don't answer.

8
9

And if you don' t remember something or you
need to clarify or correct something, let me know because we can always go back to a previous topic and clarify that. Joann,
A.

10
11 12

can you state who you work for?
FSB.

13
14

I work for Aurora Bank,

Q.

Okay.
FSB,

And what's the address for
the business address?

15

Aurora Bank,

16
17

A.
Nebraska.

It's 2617 College Park,

Scottsbluff,

18

Q.
A.

And is that the address that you work at?
Yes.

19 20
21 22

Q.
A.

Okay.
Yes.

And do you live in Nebraska?

Q.
Nebraska?

Okay.

And how long have you lived in

23
24 25

A.

About all my life.

Q.

Have you ever lived in Indiana?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)

1

A.

No.

2
3
4

Q.

Okay.

Are you aware that your attorney

represented that you lived in Indiana?
A. No.

5

Q.

And if your attorney did, in fact,

6
7

represent that, that would be incorrect, right?
A. Yes.

8
9

Q.
A.

Okay.
No.

Have you ever been deposed before?

10 11
12

Q.

Okay.

Have you ever been convicted of a

crime punishable of more than a year?
A. No.

\gsr

13
14
15
16

Q.

And have you ever been convicted of a
such as theft or

crime involving dishonesty,
forgery?
A. No.

17

Q.

And are you on any current medications or

18
19 20

alcohol that would impair your ability to testify
here? A. No.

21
22
23

Q.
school?
A.

Okay.

Joann, did you graduate from high

Yes.

24
25

Q.
A.

And do you have any college degrees?
No.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)

l 2
3

Q.
A.

Have you taken any college classes?
A few.

Q.
A.

And what kind of classes have you taken?
Accounting.

4

5
6
7

Q.
A.

Accounting.
Yes.

Just one class?

Q.
A.

Okay.

And where was that at?
Texas.

8
9 10 11
12

That was in Dallas,

Q.

Okay.

I want to talk a little bit about

your employment history.

Can you kind of walk me
I guess

through where you've worked over the years?

you can start with out of high school, where did you
first work?

13
14
15

A.

I

worked for Braniff.

Q.
A.

And what was that?
I was a hostess.

16
17

Q.
A.

Is that a restaurant?
Stewardess.

18

19
20 21 22 23 24 25

Q.
A.

So was that an airline?
Yes.

Q.
work?

Okay.

And then after that where did you

A.

Southern Trust Mortgage.

Q.
A.

Okay.

And what did you do there?

Was the Ginnie Mae accountant.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
8

1 2

Q. A.

And how long ago was that? I quit there in about '75.

3
4

Q.
A.

Okay.

And after that where did you work?

Platte Valley Mortgage of Nebraska.

5
6
7

Q.
A.

Okay.

And what did you do there?
started out in the payoff

I worked as —

department.

8
9

Q.
you work?

Uh-huh.

Okay.

And after that where did

10

A.

Well, Platte Valley —

I stayed there

11
12

ten years, and then I went to Harbor Financial for
five years.

13
14
15

Q.
A.

And what did you do at Harbor Financial?
I was the supervisor over the taxes and

escrow department, the payoff department.

16
17
18

Q.
A.

Okay.

And after that where did you work?
or that's when I

Then I worked for —

started back at Aurora Loan Services.

19
20

q.

You started back there, meaning you had

worked there before?

21
22

A.

Well, Aurora Loan Services used to be

Platte Valley Mortgage.

23
24 25

Q.

Okay.

So when you went back and it was

now called Aurora Loan Services, what did you do? A. Worked in the assignments prep department

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)

l

Q.
A.

And that's where you've worked since then?
Yes.

2
3 4 5 6 7 8

Q.

Okay.

And what is your current position
FSB?

at Aurora Bank,

A.

Supervisor.

Q.

Supervisor of what?

A.

The doc audit department instead of the

assignments prep department.

9 10
11

Q.

And how long have you been an employee of
FSB?

Aurora Bank,

A. Q. A.

Since June of this year. Okay. Or July. Excuse me. I'm sorry.

12
13

14
15

Q.

As a supervisor of this department, what

kind of responsibilities do you have? A.
staff.

16
17 18

I do monthly reporting.

I supervise my

Q.
A.

And what department is that?
The doc audit department. And what does the doc audit department do?
We review collateral files and make sure

19
20
21

Q.
A.

22
23 24

that all the documents are correct in the collateral
files.

Q.

Okay.

And you say you supervise the

Ss^,

25

department.

How many people are in that department?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
10

l

A.
this time.

Nine full-time people and five temps at

2 3 4 5

Q.
A.

And who do you report to?
Jan Walsh.

Q.

And what is Jan Walsh's title?

6
7

A.

She's an assistant vice-president.

Q.
in 2008?

Okay.

What was your position back

8

9
10 11 12

A. Q. A. Q.

I was a supervisor. Supervisor of what? Assignment prep. And what responsibilities did you have in

13 14 15
16 17

that position?

A.
have now.

Basically the same responsibilities that I

Q.

And state that again.

I'm sorry.

A.

The same responsibilities that I have now,

18
19
20

supervise my staff.

Q.

Okay.

And when you were supervising the

staff in that department, what did the staff do?
A.
deeds

21
22

They prepared assignments of mortgages,

of trust.

23
24 25

Q.
A.

Anything else?
No.

Q.

And how long were you in charge of that,

Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
11

NSj^*-

1
2

meaning the assignment prep department?
A. Let me see. About six and a half years.

3
4

Q.

Okay.

And in your job as supervisor of

the document audit department back in 2008, what

5
6

responsibilities did you have?
those for me?

Can you outline

7

A.

I was —

repeat the question.

I'm sorry.

8
9 10 11 12
13

Q.

In your job back in 2008, can you outline

for me what responsibilities you had? A. My responsibilities were to manage my their quality of

staff and make sure that they — work was —
there.

was there, their quantity of work was

I did the reporting to upper management on a

14

monthly basis, and I asked questions .

15
16
17

Q.

Did you share that responsibility with

anybody else?
A. No.

18
19

Q.

And when you say reporting, do you mean

written reports?

20

A.

Yes, monthly reports.

21
22

Q.

And what would be detailed in those

written reports?

23

A.

The production.

24
25

Q.
executing?

Meaning the number of documents you are

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
12

1 2 3
4

A. what we —
Q.

Not executing.

The number of, basically,

what our production was for the month.
And when you say production, can you

explain to me what that means? A.
documents

5

That means the quality and the quantity of
that we received.

6
7

Q.

And when you say the quality, what exactly

8 9 10
11 12

were you looking for?
A.
correctly.

Make sure that the documents were prepared

Q.

Did you have written guidelines as to how

they were to be prepared?
A. No.

13
14 15 16

Q.

So what were you looking for to determine

whether they were properly prepared?
A. I didn't look at each individual one. You

17
18 19

would just look to see that the document was
prepared correctly.

Q.

But how would you know whether or not it

20
21 22

was prepared correctly?

A.

By looking to see that the borrower' s name
the address was correct.

was correct,

23
24

Q.
A.

Anything else?
No.

25

Q.

Okay.

So you would look to see whether

Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
13

W^
1 the name was correct and the address was correct,

2
3

right?
A. Yes.

4

Q.

And that was all that you would look at,

5
6

right?
A. Yes.

7 8
9
10

Q.

And when we' re saying documents, we' re

strictly talking about assignments of mortgage,
correct?
A. Correct.

11 12
13

Q.

Did your department execute any other

types of documents?
A. No.

14
15

Q.

Okay.

When you looked to see whether the

address and name were correct, what were you

16

comparing that to?

17

A.

The mortgage or the deed of trust.

18 19
20

Q.

Okay.

And were you looking at a paper

version, or were you looking at that online?
A. Online.

21

Q.

And what was that contained in?

Some kind

22
23

of computer program?
A.

What was that called?

Imaging system.

24
^^^
25

Q.
A.

Was that what it was officially known as?
Yes.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
14

1
2

Q.
A.

Okay.
As far as I know.

3 4

Q.

And so when you would look on that Imaging

system, what would be on the screen?

5

A.

A copy of the documents that you would

6
7

pull up.
Q. Such as?

8
9

A.
Q.

Such as the note or the mortgage.
Any other documents?

10

A.

If there was another assignment out there

11
12

and it was on the Imaging, you could pull it up.
Q. And who enters that information into the

13 14
15
16

Imaging system? A.
Q.
A.

Capture Center.
And where is that located?
In Scottsbluff.

17

Q.

And were you the only one in your

18
19

department that had access to the Imaging system?
A. No.

20
21
22

Q.

Did everyone in your department have

access to the Imaging system?
A. Yes.

23
24
%5^

Q.

Were you the only person who —

who

audited or checked to see whether the documents were

25

executed correctly?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
15

1

A.

Yes.

2
3 4
5

Q.

Okay.

And how long did you work in that

department? A.
Q.

I'm still in that department.
You still oversee the execution of

6
7

assignments?
A. Yes.

8 9
10
11

Q.

Okay.

Do you still use the same process

to review whether or not the assignments are
executed correctly?
A. Yes.

12
N«5*^

Q.

Okay.

Are you still the only person who

13
14

does that responsibility?
A. I — yeah, yes.

15
16 17
18

Q.

Okay.

Is the computer program still

called the same thing? MR.
You can answer.

ELLISON:

Object to the form.

19

THE WITNESS:

It's called

20
21

MCD Imaging, MCD Doc Viewer.
BY MS. LUNDERGAN:

22
23
24

Q.
before?
A.

Is it different than the program you used

No.

25

Q.

Are you still looking at the same Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
16

1 2

documents when you go into that program?
A. Yes.

3
4

Q.

Are there any additional documents now

available in that program?

5

A.

Oh,

I'm sure there are.

6
7

Q.

What kinds of documents?

What I mean by

additional, you said before you could look at the
deed or the mortgage or any statements, if they were
available. Are there any additional documents now

8 9 10 11 12
13

available on that program?
A. Yes.

Q.

What kind?

A.
Q.

The servicing file is uploaded to that.
When you say servicing file, do you mean

14 15 16
17

like payment history?
A. Excuse me?

Q.

When you say servicing file, does that

18
19

include payment history?
A. No.

20
21 22 23 24 25

Q.
A.

Okay.

What do you mean by servicing file?

I mean, like, the application of the

borrower when the loan originally gets originated,
all the documents —

Q.

Okay.

So what I would call the loan

origination file; is that correct?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
17
v

1

A.

Correct.

2
3
4

Q.

Okay.

Joann, have you ever been an

officer of Aurora Bank or Aurora Loan Services?
A. No.

5

Q.

Have you ever had a position with the name

6

or have you ever held a position in Aurora Bank or

7
8
9

Aurora Loan Services where your title included the
word vice-president?
A. No.

10
11

Q.
A.

How about secretary?
No.

12
13
14

Q.

How about have you ever held a position

where your title included the word president?
A. No.

15
16
17

Q.

Have you ever signed any documents where

your title included the word vice-president?
A. Yes.

18

Q.

On behalf of who?

19
20

A.
Systems,

The Mortgage Electronic Registration
Inc.

21
22

Q.
A.

Anyone else?
No.

23
24
25

Q.

Have you ever signed any documents and

used the title secretary?
A. No.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
18

\^

1
2

Q.

Have you ever signed any documents on
and used the

behalf of Aurora Bank or Loan Services

3
4

title president?
A. No.

5

Q.

Okay.

Going back to 2008 when you were

6
7

overseeing the department —
what it was first called.

and remind me again

8

A.

Assignment prep.

9 10
11
12
\fes^

Q.

Assignment prep, okay.

When you were

overseeing assignment prep and you were reporting to
your upper management, approximately how many
assignments per week were you executing?
MR.
can answer.

13
14

ELLISON:

Objection to form.

You

15
16
17

THE WITNESS:
week.
BY MS. LUNDERGAN:

Probably about 800 a

18 19
20

Q.

And how many people were you supervising

in that department in 2008?
A. I can't remember the exact number. That

21
22

was three, four years ago.
five.

I would say probably

23
24
25

Q.

Okay.

And approximately how much time did

you spend executing each document?
MR. ELLISON: Objection to form. You

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
19

1 2 3

can

answer.

THE WITNESS:

On each document?

Like

15,

20 seconds.
LUNDERGAN:

4
5

BY MS.

Q.

Okay.

So that would be —

so you spend

6
7

about 15 to 20 seconds executing each assignment of

mortgage.

When I say executing, I mean signing the

8 9
10 11

assignment of mortgage.
A. Q. Right. Okay. Joann, did you have standards as

far as how many documents you were supposed to
execute each week?
A. No.

12
13
14 15

Q.

Did you have goals as far as how many you

were supposed to execute each week?
A. No.

16
17

Q.

When you said earlier that you had to

18
19

report to upper management about productivity, what
exactly were you reporting to them?

20
21

A.

The productivity of my staff and how much

they were doing.

22
23

Q.

Okay.

Were there goals set as to how much

each person should be doing?
A. Yes.

24
25

Q.

And what were those goals?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
20

\^

1
2

A.

They had to process —

at that time I

think it was 70 a day.

3
4

Q.
A.

Each person had to process 70 a day?
Yes.

5

Q.

And were there standards or goals about

6
7

how much time they should spend on each assignment
of mortgage?

8
9
10 11 BY MS.

MR.
You can answer.

ELLISON:

Object to the form.

THE WITNESS: LUNDERGAN:

No.

12
\h^

Q.

But each person was supposed to execute

13 14
15

approximately 70 per day? MR.
ahead.

ELLISON:

Object to the form.

Go

16

THE WITNESS:

They wouldn't execute.

17
18

They would prepare or process.
BY MS. LUNDERGAN:

19
20 does

Q.

And when you say prepare or process, what

that mean?

21
22

A.

That means going in and entering the

information into the assignment format.

23
24

Q.

Okay.

When you say assignment form —

let's back up.

25

Why don't you walk me through the process
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
21

1 2 3
4 5

of how an assignment is prepared and processed going
from beginning to end in your department back in
2008.

MR.
can answer.

ELLISON:

Object to form.

You

6
7

THE WITNESS:

We got a system that

has all the state and county requirements as far as an assignment format. And in this system, it is

8 9
10

pulled —

all borrower' s information is pulled into

that system.

11
12

When we enter the loan number, it will pull most of the information in there, but we have

13
14

to go into Imaging and pull up the original
mortgage, the reported one.

15
16 17

And then they make sure that all the information that is in our system is correct with what is actually on the recorded document.
BY MS. LUNDERGAN:

18 19
20 21 22

Q.

Okay.

And what was the name of that

system that you're talking about?
A. It's called the Rekon system.

Q.

And is that a system that was available

23
24

just to your department?
A. No.

25

Q.

Okay.

Who entered that information on the

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
22

1 2

Rekon system?
A.
Q.
located?
A.

My processors.

3 4 5 6
7

Okay.

And where were the processors

At the cubicle.

Q.
in?
A.

In the same building that you were located

8
9

Yes.

Q.

And did you supervise the processors

10 11

entering this information?
A. Yes.

12

Q.

Okay.

Was that part of your job

%^^

13
14

responsibility in your department in 2008?
A. Yes.

15
16 17

Q.

Okay.

And when you said you were looking

at the Rekon system, what exactly would be on the
screen?

18
19

A.

There

there's several files

and it —

it tells you what the milestone was.
Well, you put in the loan number.
when it pulls up, it pulls in the state.

20
21

Then

You have

22 23 24 25

to enter the county.

You have to enter the

mortgagor's name exactly like it is on the mortgage.

Theref s just information blanks that you have to
fill in.

NW

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
23

V-p,
1 Q. Okay. And where — where were the

2
3 4
5

processors getting the information that they were
entering into the system from? A.
mortgage.

From the recorded images of recorded

6
7
8

Q.

Okay.

Now, going back to how this process

works, how did you know each day which cases needed
assignments?

9
10 You can answer.

MR. ELLISON:
Go ahead.

Object to the form.

11
12
13 14
15
16
17
18

THE WITNESS:

There's another system

that we had between the attorneys, bankruptcy and
foreclosure attorneys, and there was a processor that would read the messages from the attorney.
When the attorney needed an assignment, they would
request it through this system, and then we would
prepare it.
BY MS. LUNDERGAN:

19

Q.

All right.

And what was the name of that

20
21

system?
A. That was called LenStar system.

22

Q.

So if someone needed an assignment, you

23
24

would get a request from an attorney, correct?
A. Correct.

25

Q.

And did that come by email?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
24

l 2

A.

No that —

this was a system that they

could look at and that we could look at.

3
4

Q.

Okay.

So any Aurora attorney representing

you in a foreclosure would have access to this
system?

5 6 7

MR.
can answer.

ELLISON:

Object to form.

You

8 9 10
11 12 13 14 15 16 17
18 BY MS.

THE WITNESS:
LUNDERGAN:

Yes.

Q.

And the attorney would request an

assignment to be made through this system?
A. Yes.

Q.

Okay.

And then would it print out a list

of the assignments that needed to be done for that
day?
A. No.

MR.
THE

ELLISON:
WITNESS:

Object to the form.
No.

19 20
21 22 23 24
25

BY MS.

LUNDERGAN:

Q.

Okay.

What would show on the screen?
MR. ELLISON: Object to the form.

You

can

answer.

THE WITNESS:

The screen would

just —

it would show you, I guess you would call it
An attorney would request —

kind of like an email.

Thomas & Thomas Court Reporters

Court Reporting -Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
25

l

they would just type in there that they needed an
assignment and who it was from and to, and we had a
processor that would read these, and then she would

2

3 4 5 6
7

request, you know, those requests to our system.
BY MS. LUNDERGAN:

Q.
A.

You mean the Rekon system?
No. She would put them in Dok Trak.

8 9 10

Q.

Were you in charge of the department that

received those, what you've referred to as kind of

emails from the attorneys?
A. Yes.

11
12

Q.

Okay.

And how many people worked in that

13
14

specific area of that department?

How many people

worked on the system that received the emails from the attorney?
A. One.

15

16
17 18 19

Q.
A.

And who was that?
I can't remember who it was.

Q.
Aurora? A.

Okay.

So does that person still work for

20 21 22
23

No.

Q.

Okay.

Do you use that same system to

create assignments —

let me rephrase.

24 25

Tell me again the name of the system that
received the emails.

Thomas & Thomas Court Reporters

Court Reporting -Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
26

\^^
1 A. That was LenStar.

2
3

Q.
A.

Do you still use the LenStar system today?
No.

4
5

Q.
A.

What do you use now?

It's called LPS Desktop.
Does the LPS Desktop work — let me

6

Q.

7

rephrase.

8
9
10
11

Does it still —

does it work similarly to

LenStar in that you receive assignments from the
attorneys? Let me rephrase again.
Explain to me how LPS works.

12
>w

A.

LPS works basically the same as LenStar.

13
14

The attorney puts the request in there if they need
an assignment.

15

Q.

Okay.

And the attorney would put in who

16
17

the assignment was to be from and who the assignment
was to be to?

18

A.

Yes.

19
20 21
22

Q.

Do the attorneys put in —

I'm talking now

about the LPS system —

do the attorneys put in what

I would call the effective date of the assignment?
A. We do not effective date our assignments.

23
24

Q.

You've never executed assignments with

effective dates?

v^,

25

A.

Yes,

I have.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
27

l

Q.

Okay.

Did you stop using assignments with

2
3 4

effective dates?
A. Yes.

Q.
A.

And when did you stop that?
I don' t know.

5 6
7

Q.
A.

Was it within the last year?
I can' t give you a specific time. I don' t

8 9

know.

Q.
dates?
A.

And why did you stop using effective

10
11
12

That was per our legal counsel.
Okay. Were there any written instructions

Q.

13 14 15 16
17

as to why you stopped using effective dates?
A. No.

Q.

Do you remember any reasons why you

stopped using effective dates?

MR.

ELLISON:

Let me object at this She

18

point and instruct the witness not to answer.

19 20
21

indicated before that this decision was made per

legal counsel.

If there were instructions that were

given by legal counsel, that would be protected by
the privilege.
BY MS. LUNDERGAN:

22
23

24

Q.

Okay.

Is there any reasoning that you

^w

25

received that you did not get from legal counsel?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
28

1 2 3 4 5 6 7 8

A.

No.

Q.

Okay.

But you no longer use effective

dates on your assignments?
A. Correct.

Q.

Okay.

I want to go back to the process by

which the statements were executed, and I'm going to
go back to the LenStar system back in 2008.
So am I correct that the information would

9
10

come from the attorney, correct?
MR.
You can answer.

ELLISON:

Object to the form.

11 12

THE WITNESS:
BY MS. LUNDERGAN:

Can you rephrase?

13 14
15

Q.

Yes.

I want to walk through the process,

and just correct me if I'm wrong. The attorney would input the assignment
information into the LenStar system, correct?

16
17

18 19 20 21

A.

They would put a request in there.

Q.

And they would put in information such as

who the mortgage assignment was to go to and from,
correct? A. Correct.

22
23
24

Q.

And back in 2008 there may have been
correct?

effective dates,
A. Yes.

25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
29

1 2 3 4

Q.
effective
A.

And would the attorney put in the
date?
Yes.

Q.

Okay.

What other information would the

5 6
7

attorney put into the system besides who it was
going to and from and the effective date?

A.

That's basically it.

8
9

Q.

Okay.

Did they give you a deadline by

which the assignment needed to be executed?
A. No.

10 11
12
>%^,

Q.

Okay.

Did you have certain goals as far

as how quickly you needed to execute the assignments
back in 2008?

13
14

A.

I —

I'm assuming now we probably had like

15 16
17

a three-day turnaround or a four-day turnaround
time.

Q.

Okay.

Is that a similar goal that you

18 19 20
21

have executing assignments today?
A. Excuse me?

Q.

Do you still —

that was in 2008.

Today

executing assignments, do you still attempt to have
a three-day turnaround?
A. No.

22 23
24

Q. A.

What's your standard now? Our process is different now.

25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
30
v

1
2
3

Q.
A.

Can you explain to me —

repeat that.

I said our process is different now.

Those do not have that standard.

4
5
6

Q.

Okay.

We'll get back to that in a minute.

I want to go back to 2008.
So the information would be in LenStar —

7

let me rephrase.

8
9
10

The attorney would enter the information
into LenStar, correct?
A. Correct.

11 12
13

Q.

And then the person who reviewed LenStar

would notify you that an assignment needed to be
created, correct?

14

A.

They would not notify me.

15
16

Q.

Okay.

Who would they notify that an

assignment needed to be created?

17
18
19 20 21

A.

That person, that processor, would put a

request in the Dok Trak system requesting the
assignment that the attorney was requesting. Q. A. Okay. And then?

And then the report would be read the next

22 23

morning, and it would pull in all of the assignments that were requested the previous day.

24

Q.

Okay.

So now you've got a list of

\r

25

assignments that need to be made, and you said you
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
31
\&^^-

1

had approximately how many —

let me turn back here.

2
3

You had approximately nine people working
in that department at the time?

4
5 five.

A.

No.

2008 I had approximately four or

6

Q.

Okay.

So you would have a list of

7
8

assignments that needed to be made on any given day.
How did you divide up who did what?

9
10

A.

We would take that list, and we would just

divide it up.

11
12
\^^
13

Q.

And when you divided it up, did you

include yourself in that?
A. No.

14
15
16

Q.

Okay.

So once the list was divided up,

what was the next step?
A. That the processors would enter the

17
18
19

information into Rekon and complete the assignments.
Q. Okay. What I'm familiar with, and correct
is what's

me if you don't understand this term,

20 21 22 23
24

called a merge file where information is merged into a format and put into a computer database. similar to what you're talking about? MR.
You can answer.

Is that

ELLISON:

Object to the form.

25

THE WITNESS:

No.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
32

1 2 3 4 5 6 7

BY MS.

LUNDERGAN:

Q.

So when you say —

explain to me how the

information would be entered to create the

assignment.

A.

They would take each loan number, enter

that loan number, and then a screen would come up,
and it would have blanks in it.

8
9

They'd have to fill in the county.
have to correct the borrower's name if it was

They'd

10 11 12
Njjl^

incorrect.

They'd have to check the recording

information, the amount of the mortgage, all the
pertinent information that's on the assignment.
Q. So they would sit in front of the screen

13
14

on the Dok Trak system?
MR.
can answer.

15
16 17

ELLISON:

Object to form.

You

THE WITNESS:

I don't know which, but

18 19

the Dok Trak system is not the assignment system.
That's just where the assignments are requested at.
BY MS. LUNDERGAN:

20
21 22

Q.

What is the system that creates the

assignments?
A. Rekon.

23
24

Q.

Okay.

So they would sit in front of the

25

computer screen on the Rekon system, correct?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
33
\i^

1

A.

Correct.

2
3
4

Q.
borrower,
A.

And they would enter the name of the
correct?
Correct.

5
6

Q.
A.

And the address, correct?
Correct.

7
8

Q.
A.

And the amount of the loan, correct?
Correct.

9 10
11

Q.

And they would get that information from and state

the other system that you identified —
that again.

12
%^^

A.
Q.

It was the Imaging system.
Okay. So they would get that information
correct?

13
14
15

from the Imaging system,
A. Correct.

16
17
18

Q.

Okay.

And on the Imaging system would be

the mortgage,
A. Yes.

correct?

19
20

Q.
A.

Any deeds, correct?
Yes.

21
22 23

Q.
correct? A.

And any previous assignments of mortgage,

Correct.

24 \j^r
25

Q.

And was that all that they would look at

to create the assignments of mortgage?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
34
\^

1

A.

Yes.

2
3

Q.

Okay.

In addition to the request from the

attorney, correct?

4
5 You can answer.

MR.

ELLISON:

Object to the form.

6
7
8
9

THE WITNESS:

They wouldn't —

they

wouldn't be looking at the request from the
attorney.
BY MS. LUNDERGAN:

10 11
12
13

Q.

They would be looking at what the person

had entered into the system based on the request
from the attorney?
A. Yes.

14
15 16
17

Q.

Okay.

So once they put all this

information into the system, then do they print the assignment of mortgage?
A. Yes.

18
19

Q.
A.

Does anybody review what they've entered?
Not each one, no.

20
21
22
23

Q.

Okay.

So they print these assignments of

mortgage, and then where do they go?
MR. ELLISON:
You can answer.

Object to the form.

24

THE WITNESS:

They would be put in a

25

stack or together, however you want to say it.
Thomas & Thomas Court Reporters

And

Court Reporting - Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
35

\fe^

1
2
3

then they would be given to the people who were
executing that particular day.
BY MS. LUNDERGAN:

4

Q.

Okay.

And the people who were executing,

5
6
7

is that different than the people who were entering
the information to create the assignment?
A. Yes.

8
9

Q.

Okay.

And what was the name of the group
Let me back up.

of people —

I'm sorry.

10
11
12

The group of people who were executing as
far as entering the information, did that group have
a name?

V-SP'

13
14 You can answer.

MR.

ELLISON:

Object to the form.

15

THE WITNESS:

The people that —

Ifm

16
17

sorry.
BY MS.

You got me confused.
LUNDERGAN:

18
19

Q.

The people who are entering the
I'm sorry. I'm

information into the LenStar —

20
21
22

getting all your systems confused here.
The people who were entering the
information into the form to create the assignment,

23

did those group of people have a name?

24

A.

They were the assignment prep department.

25

Q.

The assignment prep department.
Thomas & Thomas Court Reporters

And how

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
36

l

many people were in the assignment prep department?
A. Four or five at that time.

2 3 4 5

Q.

And then you moved it to another group of
And what was the

people to execute the assignments. name of that group? A. It wasn't a group.

6
7

It was just whoever

the signer was that particular day.
Q. Okay. And how did you determine who the

8

9 10
11

signer was on any particular day?
MR.
You can answer.

ELLISON:

Object to the form.

12 13
14

THE WITNESS:

At that time they had

one signer each week and one set of people for witnesses each week and one notary for each week.
BY MS. LUNDERGAN:

15 16
17

Q.
A.

Okay.
Yes.

So it rotated on a weekly basis?

18 19 20 21
was?

Q.

And who made the decision of whose week it

A.

I

don * t

know.

Q.
A.

But that wasn' t your responsibility?
No.

22
23
24

Q.
A.

Would this have come from your supervisor?
More than likely.

25

Q.

Okay.

So a stack of assignments comes to

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
37

l

the person whose week it is?
A. Correct.

2 3
4

Q.

And in 2008 how many different people were

signing assignments of mortgages?
A.

5

I

don't know.

6
7

Q.

Okay.

How about now?

How many people are

signing assignments of mortgages in that department?
A.

8
9

I

don't know.

Q.
mortgage?
A.

Do you s t i l l execute assignments of

10
11
12

No.

Q.
mortgage?
A.

When did you stop executing assignments of

13 14 15 16
17

Sometime

in 2009.

Q.

And why did you stop executing assignments

of mortgage?

A.
for MERS.

Because there was a change in the policy

18

19
20 21 22

Q.

And what was the change in policy in MERS?

A.

That if a person was not an officer of the

company, they could not be an officer of MERS.
Q.
A.

And that was in 2009?
Yes.

23
24 25

Q.
A.

And how were you notified of that change?
I don't remember.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
38

1

Q.

Okay.

Okay.

So we had a stack of

2
3
4

assignments that were given to the person who would
be executing that week, correct?
A. Correct.

5
6
7

Q.

Geographically, where was the person that

was signing the assignments in conjunction with the
person who had entered the information?

8
9 You can answer.

MR. ELLISON:

Object to the form.

10
11
12

THE WITNESS:

It would depend.

We

were all in the same building.
BY MS. LUNDERGAN:

13
14

Q.
A.

Okay.
Yes.

Were you on the same floor?

15
16 17 18
19

Q.

Okay.

So the people who were entering the

information to create the assignments were on the same floor as the people who were signing the assignments?
A. Yes.

20
21
22

Q.

Okay.

Would there only be one person

signing per week?
A. Yes.

23
24
^w

Q.
week —

Okay.

And then you, when it was your

I'm going to back up.

25

Were you someone who would be signing
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
39

l

assignments back in 2008?
A. Yes.

2

3
4

Q.

But you were —

correct me if I'm wrong —

you were not someone who was entering the

5 6
7

information into the assignments?
A. Right.

Q.

Okay.

But you would sit down with a stack

8
9

of assignments.

And how long would it take you to

sign each assignment?
A. 15, 20 seconds.

10 11 12 13 14

Q. execute?
A.

So it would take you 15 to 20 seconds to When I say execute,
Correct.

sign each assignment?

Q.

And you said you would only look to see if

15
16

the name was correct when you were signing those,
correct?

17 18 19 20
21
You can answer.

MR.

ELLISON:

Object to the form.

THE WITNESS:
that.
BY MS. LUNDERGAN:

No,

I did not look at

22 23
24

Q.
15 to 20

Okay.

What would you look at in your

seconds?

MR.
You can answer.

ELLISON:

Object to the form.

25

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
40

1 2 3
4
name.

THE WITNESS:

I would just sign my

BY MS.

LUNDERGAN:

Q.

So you would sit, go through each one,

and

5 6 7

you would just sign your name, correct?
A. Correct.

Q.

And you wouldn't —

did you check to

8 9
10 11 12

verify whether any of the information was correct?
A. No.

Q.

Okay.

Did you ever find any errors when

you were signing these assignments?
A. No.

\a^

13 14 15 16
17

Q.

Okay.

I'm looking at now what' s been

previously marked at Defense Exhibit A.
have a chance to receive those exhibits?

Did you

MR.

ELLISON:

Amanda,

I got an email.

All I have is my cell phone, and downloading
documents is not an easy way of doing things in
terms of these cell phones, things that are more
than one megabyte.

18 19

20
21 22 23 24

MS.

LUNDERGAN:

Do you have access to

print those off somewhere?
MR.
see.

ELLISON:

I don't know, but I'll

25

MS. LUNDERGAN:

Do you want to take a

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
41

V^

1
2

quick break to see if you can?
MR. ELLISON: Sure.

3
4

(Discussion had off the record.)
(Exhibit A marked for

5
6 BY MS. LUNDERGAN:

identification.)

7
8 9

Q.

Before we get into the assignment, Joann,

I want to go back to something you had said, which was the attorneys are the ones that requested the

10
11
12

assignments to be made.

When you said attorneys,

did you mean in-house attorneys for Aurora?
A. No.

13
14
15

Q.

You meant the attorneys who were

representing the Aurora Bank in the foreclosures?
A. Yes.

16 17 18
19 You

Q.

Okay.

Did anyone else ever request

assignments to be made? MR.
can answer.

ELLISON:

Object to the form.

20
21 BY MS.

THE WITNESS:
LUNDERGAN:

Yes.

22

Q.

And who else would that be?

23
24 You can answer.

MR. ELLISON:

Object to the form.

Nifer'

25

THE WITNESS:

That would have been,

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
42

l 2

like, if we got a loan in and the assignments needed
to be completed and recorded into MERS.
BY MS. LUNDERGAN:

3
4

Q. A.

And who would have requested that? That would have been through another

5

6
7

department.
Q.
A.

But it came from Aurora?
Yes.

8
9

Q.

So someone internally at Aurora would

10
11 12

request an assignment to be drafted?
A. Yes.

Q.
MERS?
A.

An assignment from the original lender to

13
14

Yes.

15 16
17

Q.

Okay.

Were there any other cases where

assignments were requested by Aurora? MR.
You can answer.

ELLISON:

Object to the form.

18
19

BY MS.

LUNDERGAN:

20 21 22 23 24
25

Q.
clear.

Let me rephrase that so we can get it

Did Aurora ever request assignments other

than those from original lenders to MERS to be
drafted?

MR. ELLISON:

Object to the form.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
43

l 2

You

can

answer.

THE

WITNESS:

Yes.

3
4 5 6 7

BY MS.

LUNDERGAN:

Q.
A.

And what kind of cases would that be?
That would have been if we transferred

loans to another company who was not a MERS member,
then we would —
MERS'

we would do an assignment out of

8
9

name to the new servicer.

Q.

Okay.

Did MERS ever request assignments

10
11 12

to be drafted?
A. No.

Q.

Okay.

So besides assignments being

13
14

requested by foreclosure counsel or Aurora, was there anyone else that would request an assignment
to be created?

15 16
17 18 19

A.

If a loan was serviced —

released by

another company and we didn't do the assignment and
didn't get it done, they would request one.
Q. Was there any difference in the execution

20
21
22

of those being requested by MERS and those — you have a different procedure for executing

did

assignments when they were requested by foreclosure
counsel versus being requested by anyone else?
A. No.

23 24

'%te^

25

Q.

I t was the same process no matter who

Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
44

1 2 3
4

requested it?
A. Yes.

Q.

Okay.

So when it was requested, perhaps,

by a separate bank, they would be able to input that

5

information into the same system that the attorney
had inputted it?
A. No.

6
7 8

Q.

Okay.

So how would they get that

9

information to you?

10
11 12

A.

They would either fax us a request or

email a request.

Q.

And then it would go into the —

where

13
14

would it go from there?

A.

It would go to one of the processors, and

15 16
17

they would request the assignment.
Q. So would Aurora keep records of who

requested the assignments to be made?
A. No.

18

19 20
21

Q.

So once the assignment is created,

there

is no record of who requested it?
A.
it to.

No, but we knew who we were going to send

22 23
24

Q. look at —

Okay.

So if we were to, for instance,

and I'm going to reference now what's

25

been marked as —

it's going to be marked as

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
45

1
2

Exhibit A, which is the Corporate Assignment of
Mortgage for this case.

3

If you have a chance to look at this, is

4
5
6

there any way to tell from this assignment who
requested it to be created?
A. No.

7

Q.

Okay.

And there would be —

and there's

8
9
10

no record that automatically tells us who requested
this assignment?
A. I don't know.

11

Q.

Okay.

If I wanted to find out who

12
13

requested this assignment, where would I look?
A. I don't know.

14
15

Q.
continue.

Okay.

Just one question before we

16
17
18

Did Mr. Ellison discuss your deposition
with you on this break?
A. No.

19
20

Q.

Okay.
Okay.

So we'll proceed on.
So we have assignments of mortgage

21

requested by foreclosure counsel, by Aurora, or by a

22
23

separate bank that you were transferring a loan to,
correct?

24

A.

Correct.

>W

25

Q.

And are those the only three that could
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
46

\^
1 2 3 4
5

have requested assignments of mortgage?
A. I don't know.

Q.

Okay.

I want to go back a little bit to

the person who was inputting the information into

the form to create the assignment.

When they were

6
7

inputting that information, did they verify whether
or not the information was correct?
A. Yes.

8 9

Q.

Okay.

And what —

for instance, let's

10
11 12

take a look at Exhibit A and go over where the
information came from.

So, for instance, on the assignment that
is marked Exhibit A — and correct me if I'm

\j^

13
14 15

wrong —

the information that would have come from

the person requesting the assignment to be drafted,
that would have been the assignor; is that correct?
MR. ELLISON: Object to form.
Yes.

16
17 18

THE WITNESS: BY MS. LUNDERGAN:

19
20 21 22

Q.

So the assignor came from the person

requesting the assignment to be made, correct?
A. Correct.

23
24 25

Q.

Okay.

And the information recording the

assignee came from the person requesting the
assignment to be made, correct?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video -Video Conferencing

REIN -Direct (By Ms. Lundergan)
47

\^
l 2 3
4 5
A.

Correct.

Q.

Okay.

And the person who entered this

information into the form, did they verify whether
or not that was
A. I

correct?

don't know.

6
7 8 9

Q.

Okay.

Is there any other information on

this particular assignment that would have been

given by the person requesting the assignment to be
made?

10
11 You can answer.

MR.

ELLISON:

Object to the form.

12 13 14
BY MS.

THE WITNESS:
LUNDERGAN:

Not that I'm aware of.

Q.

Okay.

So besides the assignor and the

15 16
17

assignee, all of the other information was inputted
by the person creating the form, correct?
MR.
You can answer.

ELLISON:

Object to the form.

18 19
20
21

THE WITNESS:

Besides

the information

pulled from our system, yes.
BY MS. LUNDERGAN:

22

Q.

Okay.

So I'm trying to understand.

The

23
24 25

person who created the assignment would have taken
the name of the assignor and the assignee, for
instance, from the attorney?

>w

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
48

1

MR.
You can answer.

ELLISON:

Object to the form.

2
3 4

THE WITNESS:

Okay.

The person who

prepares the assignment, yes, they would have got

5 6 7

that from —
BY MS.

it would have pulled into our system.

LUNDERGAN:

Q.

Okay.

And do you know whether or not they

8 9 10

would have verified that information?
A. I do not know.

Q.
A.

Okay.
I

Who would know that?

11 12 13
14 15

don•t know.

Q.

Okay.

Were you in charge of the

department who entered the information?
A. Yes.

Q.

Was there a policy as to whether they were

16
17

supposed to verify the assignor and assignee?
A. Not that I'm aware of.

18 19 20
21

Q.

Okay.

So the person who entered the

information —

going through this assignment that's

in front of you, what parts of this would they have
entered into the form? All of it?

22 23 24 25
You can answer.

MR.

ELLISON:

Object to the form.

THE WITNESS:

Not all of it,

no.

\s^

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
49

1

BY MS.

LUNDERGAN:

2
3

Q.

Okay.

Can you tell me which parts that

they would have entered?

4
5

A.

They would have entered the county name;

they would have entered the seller servicer number;

6

they would have entered the old servicing number;

7

they would have entered the MERS number; they would

8 9
10

have entered the assignor, the assignee; they would have checked the borrower's information; they would
have entered the original lenders; and they would

11 12
13
14

have checked the recording information; and they would have checked the property address; and they
would have entered the legal description —
Q. Okay.

15
16
17
18

A.
Q.

and the mortgage amount.
Now, you are the one that executed

Okay.

this assignment, correct?
A. Correct.

19
20

Q.
A.

That is your signature?
Yes.

21
22
23
24

Q.

Okay.

Did the person that entered the

information on the form put your name below the
line?
A. No.

^fa^,-

25

Q.

When did that get entered? Thomas & Thomas Court Reporters

Court Reporting - Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
50

1

A.

There is a signature that —

in the Rekon

2
3 4

system —
Q.

that was changed weekly.
Okay. So if it was your week to execute

assignments, when that person entered the

5
6
7

information, your name would have automatically been
put on it?
A. Yes.

8 9
10

Q.

Okay.

The information that you just

listed, what step, if any, did the person take to
verify that information?

11 12
13

A.

They're looking at the recorded image of

mortgage when they're inputting or checking this
information.

14
15

Q.
documents ?

Would they have looked at any other

16

A.

No.

17 18
19
20

Q.

Okay.

So when the person created this

assignment of mortgage, the only thing that they
would have looked at is the mortgage itself?
A. Yes.

21

Q.

Okay.

Joann, back in 2008 when you were

22 23
24
\sr

executing these assignments of mortgage, how many notaries did you have as part of that department?
A. I don't know.

25

Q.

Did you have —

did you have just one

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
51

1
2

notary, or did you have a group of notaries?
A. I really don't know.

3
4
5

Q.

Okay.

How about now?

How many notaries

do you have working in the department that execute
assignments of mortgage?

6
7

A.
notaries.

In my department I do not have any

8 9
10

Q.

Okay.

Are you still in the department

that executes assignments of mortgage?
A. Do what? I'm sorry.

11
12
13
14

Q.

Are you still in charge of the department

that executes assignments of mortgage?
A.
executes.

I'm not in charge of the department that

15
16
17

Q.

Okay.

What exactly does your current

department do?
A. We audit collateral files.

18
19
20 21

Q.

Okay.

Back in 2008 when you were

executing these assignments, were you also a notary
at the time? A. Yes.

22
23

Q.
A.

Are you currently a notary?
No.

24
\^

Q.
A.

When did you stop being a notary?
I don't know. About four or five months

25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
52

1 2 3 4 5

ago.

Q.

And why did you stop being a notary?
MR. ELLISON: Again, we're back to an

area where we're barred from anything going on.
hasn't notarized anything in this case, and what

She

6
7 8 9

does it matter why or when, or anything else, she
stopped notarizing.

MS.

LUNDERGAN:

You can state your

objection to relevance if you want, but —
MR. ELLISON: I'm thinking of just

10 11
12

moving for a protective order on this issue because,

again, we're going outside the scope of anything
that could possibly relate to this case.

13
14

And a lot of times we have problems with
these things, and I want — before I start down that

15 16
17

path, I want to understand, is there something that
she's notarized in this case at all?

18 19
20 21

MS.

LUNDERGAN:

Well,

Steve,

she was

the head of the department that notarized these documents, so her knowledge of the process is going

to be relevant.

22 23
24 25

MR.

ELLISON:

First of all,

this

assignment was notarized by Darline Dietz.
to ask about Darline Dietz, fine.

You want

She didn't

sign —

you're asking her questions about her and
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
53

1
2

her notarization, but she didn't notarize anything
in this case.

3
4

MS. LUNDERGAN:
of the department that did.

But she was in charge

5

MR. ELLISON:

All right.

So ask her

6
7

about the department, as you have.
to the best of her ability.

She' s responded

8

MS. LUNDERGAN:

Please just state

9

your relevancy objection and move us along with the

10
11
12

deposition.
objection.
record.

Please just state your relevancy
I don't want to argue with you on the

13
14
15
16
17

MR. ELLISON:
objection.

It's not a relevancy

I'm telling you that I'm moving for a

protective order on these particular questions
relating to her notarization and her status of the
notary and the like.

18
19 fine.

So if you want to move onto another area,
If you want to just have me terminate it

20
21

right now, that's fine, or we can save it until the
end.

22 23

MS.

LUNDERGAN:

Okay.

Can we read

back the last question.

24
N^^-

(The requested portion of the

25

transcript was read back by the

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
54

1 2

court reporter.)

MS.
response to that?

LUNDERGAN:

And did we get a

3
4 5 6 7 8 9

COURT REPORTER: MR. ELLISON:

No,

we did not.

No, because that's

where I'm going to move for a protective order.
BY MS. LUNDERGAN:

Q.

Okay.

In your department back in 2008

when you were executing assignments of mortgages,
were the notaries doing any other jobs besides
notarizing?
A. Yes.

10
11

12 13
14

Q.
A.
Q.

And what other jobs would they do?
They would also process assignments.
And what do you mean by that?

15 16
17

A.
Q.

They would create the assignments.
Okay. So someone who notarized one

18 19

document might sign another?
MR.
You can answer.

ELLISON:

Object to the form.

20
21 22 23 24

THE WITNESS:
BY MS. LUNDERGAN:

Repeat the question.

Q.

I'm trying to understand what you're

saying.

So someone who was a notary in that

^^

25

department might also be somebody who signs as a
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
55

1 2 3 4 5 6 7

witness.

Is that what you're saying? MR. ELLISON: Object to the form.

You

can

answer. THE WITNESS: Yes.

BY MS.

LUNDERGAN:

Q.

Okay.

Did everyone who was in that

department hold multiple jobs as far as did everyone
who witnessed also notarize?
A. Not on the same document.

8 9 10
11

Q.
A.

But they would change roles, correct?
Yes.

12

Q.

Okay.

When you were in that department in

13
14

2008, were you in charge of the notaries?
A. No.

15

Q.

Who was in charge of the notaries?

16
17

MR. ELLISON:
You can answer the question.

Object to the form.

18
19

THE WITNESS:

I guess I don't know

what you mean by in charge of the notaries.
BY MS. LUNDERGAN:

20 21
22 23 24

Q.

Well, you —

you stated that you were the

person in charge of the assignment prep department,
correct?

A.

Correct.

25

Q.

And the notaries were part of the

Court Reporting - Legal Video -Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
56

1

assignment prep department, correct?

2
3
4

A.
Q.

There may have been one or two, yeah.
Okay. And so you supervised the one or
correct?

two notaries that were in the department,

5
6

A.

Right, but that was just one of their

other duties.

7

Q.

Okay.

8

A.

That wasn' t the only thing they did.

9 10
11
12

Q.

Okay.

But in your duty as a notary in the

assignment prep department, you supervised them in
that role?
A. Yes.

13
14
15
16

Q.

Okay.

And in addition to notarizing, the
correct, but not

notaries would also be witnesses,
on the
A.

same document?
Yes.

17
18
19

Q.

Okay.

Would the —

would the two people

who were notaries also sign the assignments of
mortgage?

20

A.

What do you mean?

21
22

Q.

You say that there were —

let me clarify.

In the assignment prep department, there

23
24
25

was one person who signed the assignment, correct?
A. There was an officer that signed the

assignment.

Court Reporting - Legal Video -Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
57

1
2

Q.
correct?

Okay.

And then there were two witnesses,

3
4

A.

They didn't necessarily have to be in that

department.

5

Q.

So there were people who signed

6
7
8

assignments of mortgage who were not part of that
department?
A. Yes.

9
10
11

Q.

And how did you determine who was able to

sign assignments of mortgage?
A. I did not determine that.

12
13

Q.
A.

Okay.
I

Who did?

don't know.

14
15
16

Q.

Would it have been the person who

supervised you?
A. I don't know. Could have been.

17 18 19
20

Q.

Okay.

Was there —

were there any

notaries who also were the people who signed assignments of mortgage?
A. I don't know.

21
22
23

Q.

Okay.

But you did state that notaries

sometimes witnessed assignments of mortgage,
correct?

24

A.

Correct.

^^

25

Q.

Okay.

At Aurora, typically what level of

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
58

l

employees are notaries?
A. I don't know.

2 3
4

Q.

Okay.

Does Aurora require certain people

to be notaries?
A. I don't know.

5 6 7 8

Q.

Does Aurora pay for the notaries to get

their notary license?
A. I don't know.

9
10
11

Q.
license?
A.

Did Aurora pay for you to get your notary

Yes.

12 13
14

Q.

Okay.

In your position as a notary, if

you ever felt that you were notarizing something

improperly, was there a process for you to report
that?

15 16 17

MR.

ELLISON:

Okay.

Here we go

again.

I'm trying to give you leeway here, but I' m

18
19
20

going to move for a protective order on that as
well. This has nothing to do with the document

itself, and you are just fishing.

21 22

So I'm going to move for a protective

order on this line of questioning as well.

If you

23
24
25

want to move onto something else, great, if not, we
will end it now.

MS.

LUNDERGAN:

Well,

if she was part

Thomas & Thomas Court Reporters

Court Reporting - Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
59

\%^,

1
2 3

of the notary process at Aurora, I have a right to
ask about the policies of notarizing documents. MR. ELLISON: You know, I'm still

4
5 6

sticking to my particular position on this thing.
She did not notarize anything in this case, unless there' s a document you can show me that she

7

notarized.

And so we're here on this case, not on

8
9

some other case, and so I want to focus on something
that might actually relate to this case.

10
11

MS. LUNDERGAN:

Okay.

Well, what I'm

going to do is state for the record that I have not

12
13

been able to ask all my questions regarding the
notary process.

14 15
16 17
18 19
20

So we' 11 move onto other sections, and I guess if you want to file a protective order as to
those areas, I will be requesting another deposition to continue that area of questioning.
MR. ELLISON: You can do what you

feel is appropriate, and I'll do the same.
BY MS. LUNDERGAN:

21

Q.

Okay.

Joann,

I want you to describe to

22

me,

in 2008 when all of these documents were being

23 24
25

executed, was the process that it first went to the person to sign the assignment, correct?
MR. ELLISON: Object to the form.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
60

1
2

You

can

answer. THE WITNESS: Yes.

3 4
5

BY MS.

LUNDERGAN:

Q.
to sign,

And then it would go to the two witnesses
correct?

6
7 8

A.

If there were witnesses to sign, yes.

Q.

Okay.

So it would go from the person to

sign to the two witnesses, and then it would go to
the notary to notarize, correct? MR.
You can answer. THE WITNESS:
BY MS. LUNDERGAN:

9 10 11
12 13 14

ELLISON:

Object to the form.

Correct.

Q.
correct?

Okay.

So it was a three-step process,

15 16
17
18

MR.
You can answer.

ELLISON:

Object to the form.

THE WITNESS:

I wouldn't say it was a

19

three-step form,
BY MS. LUNDERGAN:

no.

20 21
22

Q.

Okay.

So explain to me, then, how it

would move between those three people.

23

A.
area.

You were either all together or in a close

24 25

Q.

Okay.

When you say a close area, was it

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
61

l

one big open room?

2 3 4 5 6 7 8 9 10 11 12 13

A. Q.

In answer to your question, yes. So it was one big open room, and the

person would sign the assignment and then —
rephrase.

let me

Would you sign all of the assignments that were in front of you before you would move them on
to the next person?
A. I don't remember.

Q.

Okay.

Would —

would you sign one

assignment and then transfer it to the next person
and then sign another assignment?
A. I don't remember.

14

Q.

Okay.

So you don't remember whether you

15
16
17 18

walked to the next person with a stack of
assignments?
A. No.

Q.
correct?

Okay.

So you were all in the same room,

19 20
21 22 23

A. Q.
A.
know.

Not necessarily, no. What else would have happened?
We could have — I don't know. I don't

24
25

Q.
A.

You don't remember where you were sitting?
No, not 2008.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
62

1 2 3

Q.

Okay.

And you don' t remember if you were

in the same room?
A. No.

4 5 6
7

Q.

Okay.

When you signed the assignments of

mortgage, was the witness standing in front of you?
A. I don't know.

Q.

Okay.

When you signed the assignment of

8 9 10 11

mortgage, was the notary standing in front of you?
A. I don't know.

Q.

Okay.

How about now?

When those

documents are —

when assignments are executed,

12
13 14 15
16 17

what's the process for that?

A.
room.

The process is everyone is in the same

Q.

Okay.

And does the notary stand over the

person executing the assignment of mortgage?
A. Yes.

18

Q.

Okay.

And does the person take an oath

19 20 21 22 23
24

every time they sign an assignment of mortgage?
A. I don't know.

Q.

Back in 2008 did you take an oath when you

signed the assignments of mortgage?

A.

When I signed the assignments?

Q.

Yes.

Did you take any oath when you were

\s*

25

signing the assignments of mortgage?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
63

1 2

A.

No.

Q.
A.

I'm sorry.
That was a

Was that a
no.

no?

3 4 5 6 7 8

Q.

So the notary didn't have you take any

oath when you signed them?
A. No.

Q.

Okay.

Isn't it true that back in 2008,

the notary, Darline Dietz, sat a couple desks away
from you?
A. Yes.

9 10
11 12 13

Q.

Okay.

And isn't it true that from where

Darline Dietz sat,

she couldn't see each document

that you were signing, correct?
MR.
You can answer.
THE WITNESS: BY MS. LUNDERGAN: Yes.

14
15

ELLISON:

Object to the form.

16
17

18 19

Q.

Could Darline see you sign each individual
she sat?

document from where

20 21
22 23
BY MS.
You can answer.

MR.

ELLISON:

Object to the form.

THE WITNESS: LUNDERGAN:

No.

24
25

Q.

Okay.

Could the witness, then, see you

sign each individual document from where they sat?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
64

1
2 You can answer.

MR.

ELLISON:

Object to the form.

3
4 BY MS.

THE WITNESS:
LUNDERGAN:

No.

5
6
7

Q.
from 7:00

Isn't it true that in 2008 Darline worked
to 4:00?
don't know.

A.I

8

Q.

Okay.

Is it —

is it true that at some

9
10
11

point Darline would leave at 4:00 and you would
continue executing assignments of mortgage?
A. I don't know.

12

Q.

Okay.

Was there ever a time when Darline

13
14
15

would leave and you would continue executing
assignments of mortgage?
A. I can't remember.

16

Q.

Okay.

And isn't it true that Darline

17 18
19

would come in the next morning and notarize the documents that you had signed the night before?
A. I don't know.

20
21

Q.

Would it surprise you to know that Darline

stated that she worked from 7:00 to 4:00 and that

22
23
24

she would go home at night and you would continue
executing assignments after she left?
MR. ELLISON:
You can answer.

Object to the form.

^^

25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
65

1
2 BY MS.

THE WITNESS:
LUNDERGAN:

Would it surprise me?

3
4

Q.

Yes.

A . I don't know.

5
6
7
8

Q.

Was it —

was there ever a time where you

would execute assignments of mortgage after the
notary had left?
A . I don' t know.

9
10
11
12
%»,

Q.

Did Aurora have a policy as to whether you

were allowed to execute assignments of mortgage
after the notary left?
A. Not that I'm aware of.

13
14
15

Q.

But you never took an oath before you

signed the assignments of mortgage?
A. No.

16
17 18
19
20 21

Q.

Did you have personal knowledge of the

contents of the assignments of mortgage? MR. ELLISON:
You can answer.
THE WITNESS: BY MS. LUNDERGAN: No.

Object to the form.

22 23
24
25

Q.

The assignment of mortgage that's been

marked as Exhibit A, did you have personal knowledge
of the information in that assignment of mortgage?
A. No.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video -Video Conferencing

REIN - Direct (By Ms. Lundergan)
66

1 2 3 4 5

Q.

Did you have personal knowledge of the

alleged transfer between Mortgage Electronic
Registration Systems, Inc., and Aurora Loan
Services?
A. No.

6
7

Q.

Do you know whether $10 was given in

consideration?
A. No.

8 9

Q.
A.

Okay.
No.

Are you an officer of MERS?

10
11 12 13 14

Q.
A.

You're not an officer of MERS?
No.

Q.

So when you executed the assignment of

mortgage that's so marked as Exhibit A, were you
signing it as vice-president of MERS?
A. Yes.

15
16

17

Q.

Okay.

When did you stop being a

18 19 20 21 22
23 24

vice-president of MERS?
A. Sometime in 2009.

Q.

Okay.

Was it your understanding that when

you were executing the assignment of mortgage, you were executing it on behalf of MERS?
A. Yes.

Q.
A.

So you were working for MERS at the time?
No.

25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
67

l 2

Q.

Okay.

What was your understanding of who

you were working for when you executed the
assignment?
A. Aurora Loan Services.

3 4 5 6 7

Q.

Okay.

And you were at the time

vice-president of MERS?
A. Yes.

8 9 10
11

Q.
of MERS?

And why were you asked to be an officer

A.

I

don' t

know.

Q.
of MERS?

Did Aurora ask you to be an officer

12

13
14

A.

Yeah, yes.

Q.

Okay.

Did you go through any training to

15 16
17

be an officer of MERS?
A. No.

Q.
A.

Were you paid by MERS?
No.

18
19

Q.

Did you have any responsibilities as an

20
21

officer of MERS besides executing assignments of
mortgage?
A. No.

22 23

Q.
A.

Did you attend any board meetings at MERS?
No.

24
25

Q.

Do you know where MERS1 headquarters is
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
68

1 2

located?
A.
No.

3
4

Q.
A.

Do you know how many officers MERS has?
No.

5 6
7

Q.
A.

Do you know how many employees they have?
No.

Q.
A.

Do you report to anyone at MERS?
No.

8 9
10 11

Q.
at MERS? A.

Are you involved in any decision-making

No.

12
Nig^r"

Q.
to you?
A.

Do you have any MERS employees that report

13
14

No.

15 16
17

Q.

Do you know why MERS appointed you a

vice-president instead of just appointing you an
authorized agent?
A. No.

18 19 20 21 22 23 24
25

Q.

Do you know why MERS gave you the title of

vice-president?
A. No.

Q.

So would it be correct for me to say that

you're not really an officer in the typical sense of
the word?

MR. ELLISON:

Object to the form.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
69

1

You

can

answer.

2
3 BY MS.

THE WITNESS:
LUNDERGAN

Yes.

4
5
6

Q.

And do you have signing authority on

behalf of anyone other that Aurora and MERS?
A. No.

7 8 9
10

Q.

Okay.

The two witnesses that signed this

assignment of mortgage, Janie Flores and Deborah Backus, are you familiar with them?
A. Yes.

11
12 13 14 15

Q.

And at the time they signed this

assignment, what department were they working in? A. Janie Flores was in the assignment prep Deborah Backus was in the release

department. department.

16
17

Q.
A.

Okay.

And did they report to you?

Janie Flores did.

18
19

Q.
A.

Okay.

But Deborah Backus did not?

Correct.

20
21

Q.
A.

And what were their titles at the time?
They had no titles.

22
23

Q.

Okay.

What would you have called them?

What was their position?

24
\»^

A.

Janie was an assignment processor, and
release processor.

25

Deborah was a

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
70

l 2

Q.

Okay.

And do they still currently work

for Aurora?
A. Yes.

3 4 5 6
7

Q.
A.

Are you familiar with MERS records?
No.

Q.
A.

Do you have access to MERS records?
Yes.

8 9 10

Q.
A.

Have you ever accessed the MERS records?
Yes.

Q.
A.

Do you still have access to MERS records?
Yes.

11 12

Q.
A.

Even though you're not an officer anymore?
I work on their website.

13
14

Q.

Okay.

When you were executing assignments

15 16
17

of mortgage, did you keep a log of the documents
that you signed?
A. No.

18

Q.

Did anyone in your department keep a log

19 20
21 22

of the documents they signed?

A.

I can't testify for anybody else.

Q.

Were you aware of if anyone kept a log of

documents they signed?
A. No.

23
24

Q.

Okay.

Let's look at the Assignment of

25

Mortgage again.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
71

1

Where it says, Assignor: Electronic Systems, Inc.,

Mortgage

and then it gives an

3
4

address,
A.

do you know if that address is correct?
It was at that time.

5
6 7

Q.
A. system.

And how would you have verified that?
Because that's the way it was in our

8
9
10

Q.

And who would have put that information

into the system?
A. My manager.

11
12

Q.

Okay.

And where would he have gotten that

information from? A. I don't know.

c

13

14
15 that

Q.

Okay.

And what system would he have put
into?

information

16

A.

The Rekon system.

17

Q.

Okay.

And same thing with the Assignee,

18
19
20

it says, Aurora Loan Services at 2617 College Park.
Do you know if that information is correct?
A. That information is correct, yes.

21
22 23

Q.

Okay.

And same thing, who would have put

that information -- or how would you have verified that information — or sorry, let me rephrase.

24
25

How would you have verified that
information?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
72

1 2 3
4

A.
where I

That information —
work.

just because that's

Q.

Okay.

And would that have been input into

the same system?
A. Yes.

5

6
7

Q.
A.

By the same person?
Yes.

8 9 loan?

Q.

Okay.

Do you know who currently owns this

10
11 12
\^^-

A.

No.

MS.

LUNDERGAN:

Can we —

Steve,

can

we switch to Exhibit B,
Mortgage?

which on my documents is the

13 14

MR.
want her to

ELLISON:

Is there a page you

15
16
17

look at?

MS.

LUNDERGAN:

Just the first page.

MR.

ELLISON:

Okay.

Right there.

18 19

MS.

LUNDERGAN:

Okay.

For the court

reporter' s sake, this is what I previously marked as
Defendants1 Exhibit B. It's labeled — the title, I

20
21

guess,

is Mortgage.

22
23

If you could just go ahead and mark that
with your exhibit sticker.
(Exhibit B marked for
identification.)

24 25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
73

l

BY MS.

LUNDERGAN:

2
3 4

Q.

Okay.

According to this —

are you

familiar with mortgages?
A. A little.

5 6 7 8

Q.

According to this mortgage, the lender is

First Magnus Financial Corporation; is that correct?
A. Yes.

Q.
A.

And MERS is the mortgagee, correct?
Yes.

9 10
11

Q.

Do you see in the paragraph that's

labeled C where it states, "MERS" is Mortgage
Electronic Registration Systems, Inc. MERS is a

12

13 14
15 16 17 18 19

separate corporation that is acting solely as a
nominee for Lender and Lender's successors and

assigns.
A.

Do you see that sentence?
Yes.

Q.
means?

Do you know what solely as a nominee

A.

No.

20
21

Q.
A.

Do you know who would know that?
No.

22
23
case?

Q.

Do you know who the plaintiff is in this

24 25

A.

No.

Q.

Okay.

Do you know whether Aurora owns

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
74

l 2

this

loan?
A.

No.

3 4 5 loan?

Q.

Do you know whether U.S.

Bank owns

this

A.

No.

6
7 8

MS.

LUNDERGAN:

Okay.

Steve,

I need

to get into the MERS documents, and you guys don' t

have them, so I'm not sure how this is logistically
going to work.

9 10 11
12

MR.

ELLISON:

I'm going to open them

up on my phone, and to the ability that she can read

this, she'll read it.
document.

So let me find the particular

13 14

All right.

I have it on my phone.

I'm

15
16 17

expanding it a little so that it can be read a
little bit better.
at?

Which page do you want to look

18 19
20

MS.

LUNDERGAN:

I have mine here,

and

if it's the same, the first page says, MIN Summary.
MR.
BY MS. LUNDERGAN:

ELLISON:

Yes.

21 22 23 24 25

Q.
of MERS

Joann, are you familiar with these types
records?

A.
familiar,

I've looked at them, but not real
no.

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
75

l 2

Q.

Okay.

Looking at the first page, can you

tell, according to this document, who owns this
loan?
A. No.

3
4

5 6 7

Q.

Looking at the line that says,
Do you see that line?

Investor, Bank of America.
A. Yes.

8
9 10

Q.

Do you know what the term investor means
records?

on the MERS

A.

That they're the investor.

11
12

Q.
this loan? A.

And would that be the person that owns

\^^-

13 14 15 16 17 18 19
You

I

don't know.

Q.

Okay.

If I told you that on the MERS

records investor also meant owner, that would mean
Bank of America was the owner, correct?
MR.
can answer. THE WITNESS:
BY MS. LUNDERGAN:

ELLISON:

Object to the form.

Yes.

20
21

Q.

Do you know why the assignment in this

22

case was executed through Aurora instead of
Bank of America?
A. No.

23 24
25

Q.

Who would know that information?

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
76

\^
1 2 3
4
A.

I

don't know.

Q.

Okay.

Did you ever consult MERS records

when you were executing assignments of mortgage?
A. No.

5 6 7

Q.

So you would not have verified who the

proper owner was?

MR.
You can answer.

ELLISON:

Object to the form.

8
9

THE WITNESS: BY MS. LUNDERGAN:

No.

10
11 12

Q.

Okay.

Did you ever execute an assignment

of mortgage where you found a mistake?
A. No.

13
14

Q. A.

If you — I'm sorry. Repeat that question.

15 16
17 18

Q.

Did you ever come across an assignment of

mortgage that you were executing where there was a
mistake?

19

A.

No,

not that I'm aware of.

20
21

Q.

Okay.

If you had found a mistake, what

would you have done?

22 23

A.

I would not have signed.

Q. A.
was.

Okay.

Who would you have notified?

24
xl^25

That would depend upon what the mistake

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
77

1 2 3
4

Q.

Okay.

A.

If it was a clerical mistake,

I would have

went back to the processor.

Q.

When you executed the assignment of

5 6 7

mortgage in this case, was it your intent that

Aurora was to be transferred ownership of this loan?
A. I don't know.

8 9
10 11 12

Q.

Did you understand the impact of the

assignment you were signing?
A. No.

Q.

Okay.

On the MERS documents, do you know

what MIN Summary means?
A. No.

13
14 15

Q.

Turning to Page No.

I guess it's at the

bottom of that first page where it says, Milestones.
Do you see that?
A. Yes.

16
17

18
19

Q.
A.

Do you know what milestones means?
No.

20
21

Q.

Does anyone at Aurora have access to MERS

documents, or is it just a specific —
rephrase.

or let me

22
23

How many people at Aurora have access to
MERS documents?

24
25

A.

I

have no idea.

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
78

\^

1
2
3

Q.

Is it your understanding that everybody
documents?

has access to MERS
A. No.

4
5

Q.
to MERS

Are only certain job titles given access
documents?

6

A . I don't know.

7

Q.

Who would know that?

8
9

A.

I guess the person that was over the MERS

department.

10
11

Q.
A.

Okay.
No.

Do you have any contact with MERS?

12
%E^

MS. LUNDERGAN:

Steve, I'm going to

13
14 15
16
17

take just a five-minute break, and then we're going
to wrap up because I don't have a whole lot more. MR. ELLISON: Okay. That's fine.

(Discussion had off the record.)
BY MS. LUNDERGAN:

18

Q.

Joann,

I want to go back to what we were

19

talking about earlier, which was Darline Dietz

20 21
22 23

leaving at 4:00.

Did the notary work a different

schedule than the people witnessing and executing
the assignments? A. I don't — I don't recall.

24
\^,

Q.

Okay.

Did you make the schedule for the

25

people executing the assignments?
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
79

1

A.

No.

2
3

Q.

Who made that schedule?
don't know.

A.I

4

Q.

Okay.

If Darline Dietz stated that she

5

left at 4:00 and your department continued to

6
7

execute assignments after she left, would you call
her a liar?

8
9
10
11 BY MS.

MR. ELLISON:
Answer the question.
THE WITNESS:
LUNDERGAN:

Object to the form.

No.

12
N^^

Q.

Okay.

Was there ever a time that she

13
14

would leave at 4:00 and you would continue executing
documents ?

15

A.

I

don't recall.

16

Q.

Okay.

If she stated that she would come

17

in the next morning and notarize documents that had

18
19
20

been signed the night before, would you call that
statement truthful?
A. Yes.

21
22 23
24

Q.

Okay.

So there were times, then, when she
and

would come in the next morning and execute —

notarize documents that were executed the night
before, correct?

25

A.

There could have been.

I don't know.

I

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
80

1

can't remember.

2
3
4
5

Q.

Okay.

Is it your understanding of the

Nebraska law that you have to take an oath before
you sign documents to be notarized?
A. No.

6

Q.

That's not the Nebraska law?

7

A . I don't know.

I'm not aware of one.

8

Q.

Okay.

Is it your understanding of

9
10
11

Nebraska law that you have to have a witness —

you

have to have someone witness you signing assignments
of mortgage?

12

MR. ELLISON:

Just to be clear,

^w

13
14

you're asking her her understanding of the law?
MS. LUNDERGAN: Yes.

15
16
17 18 BY MS.

MR. ELLISON:
form. You can answer.
THE WITNESS: LUNDERGAN:

Okay.

Object to the

I

don't know the

law.

19
20
21

Q.

Okay.

Did you have to learn the laws when

you became a notary?
A. No.

22
23

Q.

Okay.

The —

was there a policy in place

in 2008 with regards to how the documents were

24
25

supposed to be executed?
A. I don't know.

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
81

1

Q.

Okay.

Who would have known?

2 3
4

A.

Upper management.

Q.

Okay.

But did you train your employees in

your department as far as how to execute assignments
of mortgage?
A. No.

5

6
7

Q.

There was no training given?
MR. ELLISON: Object to the form.

8 9

You can answer. THE WITNESS:
BY MS. LUNDERGAN:

10
11

No.

12
13 14
15

Q.

Okay.

So there wasn't —

is it correct

that there was no training given to the people
executing assignments of mortgage, correct?
MR.
You can answer. THE WITNESS: BY MS. LUNDERGAN: Yes.

ELLISON:

Object to the form.

16
17 18 19

Q. A.

Yes, Yes,

that was correct? that was correct.

20
21

Q.
correct?

And there were no policies in place,

22
23 24 %£*•
25

A.

Correct.

Q.

Was —

in the department executing

assignments of mortgage, was there any access to the

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
82

1 2 3 4 5

rules regarding how documents should be notarized?
MR.
You can answer.

ELLISON:

Object to the form.

THE WITNESS:

I

don't know.

MS. LUNDERGAN:

Okay.

Steve, I want

6
7

to go back to the question that you have not
answered, and I guess this will conclude our
deposition.

8 9

MR.

ELLISON:

Okay.

So I can turn

10
11

off my email at this point that deals with this?
MS.
your email.

LUNDERGAN:

Yeah, you can close

12 13 14 15 16 17

MR. ELLISON:
appreciate that.
BY MS. LUNDERGAN:

Okay.

Thank you.

I

Q.
Joann —

The question that is still pending is —
is why you stopped being a notary.
MS. LUNDERGAN: Mr. Ellison, maybe I are you

18
19 20

should just state for the record,

instructing your witness not to answer that
question?
MR. ELLISON: You know as well as I

21
22

23
24

do that the rule is not done on instructing the
witness not to answer the question.

25

If that —

if that is the question that's

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
83

l

on the table and you have no other questions, I'11

2

terminate the deposition and move for a protective
order.

3
4

MS. LUNDERGAN:

And what is your

5

grounds?

So you are not going to allow her to

6
7

answer that question on the record?

MR.

ELLISON:

I told you that it has

8 9 10

nothing to do with not allowing her to answer the
question.
MS. LUNDERGAN: Then I would like her

11
12

to answer the question before we leave. MR. MS. ELLISON: LUNDERGAN: I'm sorry? Then you'll allow her

13
14

to answer the question?
MR. ELLISON: No, because I'll

15
16 17 18

terminate the deposition before the question is
answered.

MS.

LUNDERGAN:

And what is your

19 20 21
22

grounds for terminating the deposition?
MR. ELLISON: As I expressed clearly,

the grounds are that this has nothing to do with

anything that is either relevant or will become
relevant or will lead to discovery of admissible
evidence in this particular case.

23
24 25

And that it's a fishing expedition, and
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)
84

1 2

I'm not going to sit here and have this witness go

through your fishing expedition that can't possibly
lead to something that *s discoverable in this case

3
4

because she did not notarize any documents related
to this case. And if you have —
MS.
objection —

5

6
7

LUNDERGAN:

Is it your

8 9

MR. ELLISON:

that you would like

me to look at, perhaps I'll change my mind, but I'm
fairly certain that there is no document in this
case that she notarized.

10 11 12
>iis^

MS.

LUNDERGAN:

Okay.

So your

13
14

objection is to relevance? MR. ELLISON: My objection is that

15

this will not lead to discovering admissible evidence, and this is a fishing expedition on your
part —

16
17

18 19

MS.
MR.

LUNDERGAN:
ELLISON: —

Okay.
and so, therefore,

20 21
22

I'm going to terminate the deposition and move for a
protective order.
MS. LUNDERGAN: Okay. Before we

23
24 25

terminate, I have one other question, and you might
have the same argument.

Court Reporting - Legal Video - Video Conferencing

Thomas & Thomas Court Reporters

REIN - Direct (By Ms. Lundergan)
85

1

BY MS.

LUNDERGAN:

2 3

Q.

Joann, have you ever been disciplined by

any notary board?

4
5

MR.

ELLISON:

That is something that

we are going to seek a protective order on, and we

6
7

are going to move for a protective order, and I will
terminate the deposition at this time.

8
9
10 11 12
13

MS.
the record,

LUNDERGAN:

Okay.

And just for

I have not finished my questions

regarding the issue of notary. And at this time, terminating the deposition?
MR. ELLISON: I didn't hear that

I guess, you are

14

part.

15

MS.

LUNDERGAN:

At this point I'm

16
17

just stating for the record that I did not finish my
area of inquiry into that topic.

18

So at this point you are terminating the

19
20

deposition based on the relevance of my questions,
correct?

21

MR. ELLISON:

No.

I am terminating

22

the deposition because your questions are not

23
24

reasonably calculated to lead to the discovery of
admissible evidence in this case.

25

Ms. Rein has not notarized anything in

Court Reporting - Legal Video -Video Conferencing

Thomas & Thomas Court Reporters

REIN -Direct (By Ms. Lundergan)
86

l 2

this particular case, and so, therefore, there's no

possible means by which this could have anything to
do with any issue in this case.

3
4
5

MS.

LUNDERGAN:

Okay.

So instead of

just making your objection to relevance and

6
7

proceeding, you are terminating the deposition?
MR. ELLISON:
with a relevancy issue.

It has nothing to do

8 9 10
11

It has to do with the fact

that this will not lead to the discovery of

admissible evidence in this case, and it's a fishing
expedition. Relevance is a part of all of that, but

12

I'm not objecting based simply upon relevance.
MS. LUNDERGAN: Okay. Then I guess

13
14 15 16
17

that will conclude our deposition.
MR. transcript.
COURT REPORTER: MR. ELLISON: Okay. I

ELLISON:

Okay.

We'll read the

18

Madam Court Reporter, I apologize —

19 20 21 22 23
24

don't know the rules in Nebraska —

but in Florida the rules are that the witness has

the right to read the transcript to make any
corrections which are appropriate before the

deposition becomes final, so we're asking to read
the deposition.

25

I don't have your information in order to
Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)
87

1 2 3 4 5 6
7

be able to give you my information, so I would like

to get a copy of the document —

of the deposition,

if it is, in fact, ordered by counsel, and I'd like
a mini-transcript, if it is ordered. And I would

also —

as I said, we are going to read the

deposition and sign it before it becomes final.
COURT REPORTER: And, Ma'am, would

8 9 10 11
12 13

you like to order the deposition to be typed up?
MS.
MR.

LUNDERGAN:
ELLISON:

Yes, please.
So we would like a

copy.

Do you want my email address?

COURT REPORTER:
MR. ELLISON:

That would be great.
It's sellison —
B-R-O-A-D —
dot com.

Okay.

14
15

that's S-E-L-L-I-S-O-N —
and — A-N-D — cassel —

at broad —

c-a-s-s-e-1 —

16
17

COURT REPORTER:

Okay.

And, Ma'am,

what would you like for your order?

Would you like

18 19
20

a regular-si zed or a mini for your copy?
MS. LUNDERGAN: I think I'll have the

regular this time.
(Exhibit C marked for identification.)

21
22 23 24
•*

(1:40 p.m.
** ** **

- Adjournment.)

%&,

25

Thomas & Thomas Court Reporters

Court Reporting - Legal Video - Video Conferencing

88

1

CERTIFICATE

2 3 4 5

STATE OF NEBRASKA
COUNTY OF DOUGLAS

) ) ss. )

I,

April E.

O'Malley, General Notary
do

Public within and for the State of Nebraska,

6
7

hereby certify that the foregoing testimony of

JOANN REIN was taken by me in shorthand and
thereafter reduced to typewriting by use of

8

9
10 11
12

Computer-Aided Transcription, and the foregoing eighty-seven (87) pages contain a full, true and

correct transcription of all the testimony of said
witness, to the best of my ability; That I am not a kin or in any way

13 14 15
16

associated with any of the parties to said cause of
action, or their counsel, and that I am not

interested in the event thereof.

17 18

IN WITNESS WHEREOF,

I hereunto affix my

signature and seal this 28th day of November, 2011.

19
20 APRIL E. O'MALLEY

21 22 23 24 25

GENERAL NOTARY

PUBLIC

My Commission Expires:

Thomas & Thomas Court Reporters

Court Reporting - Legal Video -Video Conferencing

<
c

^

L

Recording Requested By:
AURORA LOAN SERVICES

When Recorded Return To: RhondaGaB AURORA LOAN SERVICES P.O. Boot 1708

ScoBBbfufl NE 693S3-170B

mtJBcsBEFtincamwaonmm xtimixr mossiKeoiQft MeonasM lffia3fc100M9fflflB6HOMl VRUfbtt8MIMB77

DateofAuferanad: DecensberftHh,2008
AMigneKMORTGW^ ELECTRON REGSTR^^ OCALA,pL 34474

AttfeaeKAURORALaANSSWTCESUCa G9881 BaaWB* PERCYCASTlLLO,AMARRl£D PERSON Tal«)RTQAOEELEC7RC»«CI«8ISTRAnON

SYSTEMS, INO,AS NOMINEE FORRRST MAGNUS RNANOAL CORPORATION, ANARIZONACORPORATION

P^^Mgy.y?"?"1^?0081^* WW4JB007 bBooHRedaJber.21728f>&gefl^OB^
Na:a0O7O23S313 tnPabn8each. Florida

PropertyAd±eac 0183 OLMSTEAD DRIVE. LAKEWORTHH- 33487

Ug^L0J31.RE6OK^WXEESTATK,ACC0RDDraT0
p^QOOde^va&i^a>ciafcteflSan,poMtotte

7^ATPACT10a OFTHE PUfflJC RECORDSOFPALM BEACH COUNTY. FLORIDA.
KNOWALLKENBYTHESEPRESENTSttatb comSdaaBen ofthe ran efTENandNOftOtths DOLLARS and

interestunder big Mortgage.

TOHAVEA1PTOHCiPfl»wgJMwi^andNotatande^ sut^tothetenraccntelnedhsridMoit^goandNote.
On Docewbcf 16th. 2003

MOfmSASEBECTRONJCREOSTRATiON

4*0^^***

ExHlfc»T
rR»iuroMamnsDRCjCKUW)auiai»nBaM&»

^-^

*Wii8&\¥.

CORPC««reASaQ»OOiTOFMOmQA6EP»952of2
STATE OF Nebraska COUNTY OF ScoteBJufl

ackiiQi*4godtoir»tnatln<9&9Jfc&y tftftesfi^sfrafaraonftBlnsfamBnlflw

tet^ofsaaatKlojy«ldBatM)tebBftepi«on^

StBteoSNebnfcopenoa^

ONDecember18*.2008, befero ma,DARLtNE DIETZ, a NoisyPiABetoend fax fi»Counfrcl8eoBsB^Coimly.

WITNESS my land and oSdal seaL

•DIETZ

Notary Evsbes: 03J22C010

(IMsareafefnotarial saaty

SBBSR^1!!!?^?1^ AURoW"^«»«'«oawcouEaBiw»troBoxin»,acoT^^ B8WW70S m-CTXSBO

W^

ifuunjjBiajasB^/UM',iaBM8r

or

-UoQoH

L

C

^

CFN 20070233313

OR BK 21728 PB 0999
Return To:
RRST MAGNUSFINANCIAL CORPORATION
603N.W&MOT

RECORDED 05/14/2007 09t<Ut39

Pal* Beach County, Florida
ART 913,000.00 Deed Doc 1,795.50
Inteng 1,026.00 Sharon R. Bock,CLERK ft COMPTROLLER Pga 0999 - 1029) taipgs)

TUCSON. AZ 65711

This docnmsnt was preparedI
603N.W1LMOT

FIRST MAGNUS FINANCIAL CORPORATION
TUCSON. AZ 85711

'*&Af&

li § •• o ^ at

i

•WMTOflK
LOAN NO.: _ 3190872024,.
ESCROW NO7990070305

•[Specs AboveTbisLbs For Recording Dtta]-

ills

a El

MORTGAGE
MM 100039231908720242 MERS Phone; 1-888^79-6377

iE«fd
ASe 1

DEFINTIIONS

Words used in multiple sections of thb dotmnent are defined
Sections 3,11,13,18,20 and 21. Certain rotesregarding the alsoprovided in Section 16.

below and other words are defined in of words osed in tins document are

(A) "SecurityIn^mnent'ineans thisriocmn^

AFFffl.27.2007

toge&er with allRidro totms document

(B) "Borrower" is
POSY CASTILLO, A MARRED PERSON

Borrower is thenHBtfflfflrnnito tinsSeciiri^Iosuiiuiait

(C) "MERS" is Mortgage Electronic Registraaon Systems, Inc. MERS is a separate corporation that is acting safety as a anrinee for Lender andLender's successors and assigns. MERS is the mortgagee
under tlais Secnriry Instrnment. MERS b eggooized

address and telephone ofP.O. Box2026, EfioL MI48501-2026, let. (888) 679-MERS.
(D) "Lender" is
FIRST MAGNUS FINANCIALCORPORATION.AN ARIZONACORPORATION

EXHIBIT

RORPA-StngtenunDyJfaanteMeafftefcfiaMaeUKffPRMPSTRUMBJT WITH MERS
VMP-8A(FL)e>oae3 prions

FennSOlO 1/01

fe
bc.vy.i-

mctftswow swung, we. MBgwugwcaspq

EXrilElT
Rnnk*?17?A/Panp.QQQ

6
n~*.~» a - r «w«

Lender is a CORPORATION

organized and esfsthnj under thelaws of ARIZONA
Lesser* address is 603 NORTHWIMOTROAD. TUCSON, AZ 86711

(E) "Note" means theproodssoiyimtes^ned byBonower and dated

APRJL27.2007

The Note states mat Borrower owes Lender RVEHUM)RmTHIRTEeJTHOUSANDANONO/100XXXXXXXXXXXXXXXXXXXXXX

(ILS. $513,000.00 ) plus interest Borrower has promised u pay fhbW fa regular Periodic Payment aid to paythedebt InMl notlater than MAY 01.2037

(F) "Property" means the property mat is described bdowimdCTtteheadmg Tiansfe of Rights in the
Property."

(G) "Loan" means the debt evidenced by the Note, pros interest, any prepaymaricliarges and lale charges

doeunder theNote,andallstuns oneunder tinsSecerirylnsfrmnent.pms Interest

(H) "Riders* means all Riders totins Security Instrument that are executed by Borrower. The following Riders are tobeexecuted byBorrower [check box as anpHcahte]: , (23 Adjustable Rate Rider EZ3 Condomlnhunlader L__J 1-4 Family Rider I ICiaAated Payment RMer IxXI Planned UnR Development Rider I I Biweekry Payment Rider
I—iBaRannRMer F^3 Rate Improvement Rider
ADDENDUM TO ADJUSTABLE RATE RIDER

UPU Second Home Rider

K0 Omerud fsnedfy] prepayment r©er

Ifiil vraw ppxujrj SS^^^Y^roaaflyiTOADJUSTABLERATERtDER

(0 "Applicable Law" means aD controlfing appficable federal, state and local statutes, lygntattgiw, ordinances and admhnstrauve nnes and ota (fo have the efiect o^

(I)"dammun^y Association Does, Fees, and Assessments" ineansaUc^ fees, asMasinents, and c4her charges that are Imposed on Borrower or (he Property by a condunilaliun association, homeowners association or ffnrninr onjuniifllinTii (K) "Electronic Foods Transfer" means any transfer of finds, other than a transaction originatedThy rhffk, *?*r, or sfanQar paper instrument, winch is tnflfoM through an electronic terminal, telephonic instalment, computer, ormagneuctapesoasmorder, instruct, or anthortm afinancial institution to debit
or credit an account Such term memoes, but Is notRowed to, pomt-e&sale transfers, aiitonwtrd teller machine 1iaimr!b"«, transfers initiated by telephone, who transfers, and automntrd daulnghuuse

(L)"Escrow Items" means those items mat are described fa Section 3.

fl^ "MisceBaneoas Proceeds" rneans any conmem Amy (o, oraestrection of, the Property; 00 condemna&morother tahfag of aD oranypart ofthe FtopeUy, (B^ conveyance fa Reo tf condemnation; or ©v) misrepresentations of, or omissions as to, the
by any third party (other than insurance proceeos paid unto (be coverages d

vafae and/or condition of (he Property. .,_»._«. (N) "Mortgage Insurance" means »"*•»«"«"» protecting Lender against the nospavment of, orde&nlt on.
we Loan.

lfoa^phs^ayasmum^iBiderSec^
VMB6A<FL)«ooo9

(O) "Perfao% Payment^ ineans (helegalarty s

/%
r**«eft6 Form 3010 1/01

RrkrsUOt 70A/0o^A'f nnn

(P)"RESPA" means the RealEstate Settlement Procedures Act (12 U.S.C. Section 2601 etseq.) and its

time, oranyadarnonal orsuccessor legjautfou orrygnhtinn flatgoveins thesamesubject matter. As used in tinsSecurity Instrument, "RESPA" refers to allrequirements and restrictions mat are linpwfd fa regard

rmpTprrtfflting regnlatloa. Regulation X (24 CJJt Pat 3503), as they mffltbe agjended from lime to

to aJfederaftridated mortgage ban" even if the Loan does not qualify as a"federaOy related mortgage

(Q) "Successor in Interest of Borrower" means any party that has taken title to (be Property, whether or riot that party lea assumed BorwwerVif^^
TRANSFER OF RIGHTS IN THE PROPERTY

ThisSecurity Instrument secures to Lender: CD therepayment of theLoan, and allrenewals, f Kteitttoin and modlflratlnns of the Note; and 00 (he pwfniinHnce of Borrower's tuveiuuls and jgieemeuls under tins Security lostrument and tin Note. For fids purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as somfaee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the fcJlowbig described pro^ COUNTY
rT^y«tfP^*mWimJm4yn*thTl of FALM BEACH PfaBecfBtcordtflgJuihiPilta];

Parcel ID Numben O04244300400002io
9193 OLMSTEAD DRIVE

wUchcurrenuy hasmeaddress of
ISbcefi

LAKEWORTH

TO, Florida

33487

(ZfrCodel

("Property Address11);
easements, appurtenances, and fixtures now or hereafter a part of the property. AQ

TOGETHER WITH ail the imrgtreemects cow or hereafter erected on the property, and all

custom, MERS iasoftmrnee forLender andLenderssuccessors and assigns) hastherisftto exercise any or afl of timse Interests, factedms. but net Rinued to, therisja' to foreclose and sellthe Property; and to take any action repaired of Lender Including, but not Omfied to, releasing and cnncfllng uss Security
^asuuntent.

tothe interests granted by BuuiBwa fa tins Security Instrument, bat, if necessary tocmrajry with jaw or

Security Instrument as the"ftoperty." Borrower nndwstflnih and agrees (hat MERS holds onlylegal title

also be covered by mis Security Instrument Afl ofthe fcrcgmhg fat referred to fa tins

VMP«A(FL)0oosa

ngiStfis

Form 3010 1/01

Rank9179&/Pana1 HIM

r\

« - «• <w

BORROWER COVENANTS(hatBorrower b lawfully seised of the estate herebyumveyed and has

the right to mortgage, grant andconvey (he Property and that theProperty is uneucunmered, except for encumbrances of record. Boirower wuiauls andwill defend generally (hetine to theProperty against all cfahns anddemands, subject to anyennrrnhrances ofrecord.
THIS SECURTTY INSTRUMENT condones uniform covenants for national use and non^nd&rm

covenants with limited variations byJurisdiction to constitute a uniform security instrument covering real
property.

UNIFORM COVENANTS. Borrower and Lender covenant and agree asfoRows: 1. Payment of Principal Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall paywhenduethe principal of, and Interest on, (he debt evidenced by the Note and any prepayment charges andlate charges dueunder theNote. Borrower shall also pay funds for Escrow Rems
pursuant to Section 3. ^syments quo under too Note and tms security* w^tn^^^" snail be made to U.S.

currency. However, ifanycheckwou^testrumettt received by Lender as payment under dieNoteortins
Security tnstnnoest is leonued to Lrwflpr uwpbM, Lender may reou&e tnat any or atl sunseonent nayiseots

One under me Note ^w^r qus security Ensojument be p^"^ fa one or more ox tne fiulowlns norms, as

selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided anysuch check is drawn upon m Institution whose deposits are insured by a
federal agency. Instrumentality, orentity; or (d) Electronic Funds Transfer. Payments aredeemed received by Lender whenreceived at thelocation designated fa theNote or at
v
suco otltffr locfltioft as may oe flfislffiffffyM oy Mender in flcpornanre wltp tne nonce provisions so S4irfTftQ lo»

Lender mayretnrn any payment or partial payment if (he payment or partial payments arelnsuflSchsil to bring theLoan current. Lender mayaccept anypayincrd or partial payment fa current, without waiver of anyrights hereunder orprejudice to Its rigfrts to refuse such payment orpartial payments fa thefuture, butLender Isnotobligated to apply such payments atthe(inn) such payments are accepted. If each Periodic Payment Is apphed as cf lb schedusd clue dah^ fofftfft Iffl Tffppfod fiimk. Ixwd^m^lwiM«M*nm|ipBrfl«idiimlflBniinH» the Loan cmmiL ff Bqjiower does cotdo sowhamairasrafflhTe period of time, Lender shall cither apply such funds orreturn them to Borrower. If notapplied earlier, such tends willbeappaed to theoutstanding

pdndpal balance under theNote immediately prior to foreclosure. No offset or cfcdm which Borrower
w^toTif have now or fa the future *»g*fr*«* LendershaB refieve Borrower from milling payments due under

Of *fat*»8HI^ ft1** fryrifr Tiwlmmwit tifperfmrofag tfaflmvpnaiitB sadflgrB«n«itg seemed hy fetsS^iiilly
JfiS&RlEDGSk*

payments accepted and appB^ by Under sM

2. Application of Payments or Proceeds. Except as otherwise described fa tins Section 2, afl

(a) interest

due under theNote; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shaB be applied to each Periodic Pay^ shall beapplied first tolate charges, second toany other amounts dneundv(hb and then toreduce theprincipal balance of (he Note.

If Lender receives a payment from Borrower for a de&uroent Periodic Payment whkb fadedes a yflffiffrnt amount to pay any late charge due, the payment may beapplied tothe delfomwnt payment and thelate charge. If more (ban onePeriodic Payment is ontstandmg,Lenoermay a from Borrower to the repayment of the Periodic Payments if, and to (he extent mat, each payment

VMP4A(FL)em)

hgMcfis

Form 3010 1101

Rnnk9i70fi/Pana1(\nO

r>~~~ a -*oi

can bepaid fa fufi. To theextent (hat anyexcess exbteafter tim payment is app one or more Periodic Payments, such excess may be appSed to any late charges due. Voluntary prepayments shall beapplied first toany {uepaymenl charges and lira
Any apptic^ton of payniects. Insurance theNote shafl notextend or postpone thedue date, w change tim amount, of (he Perfa& 3. Funds for Escrow Items. Bonower shall pay to Lender on the day Periodic Payments are due under theNote, until (he Note is paid fa fufl, asum(the "Funds") to proride forpayment ofanmunte due for. (a) taxes and assessments and other items which can attain priority over tins Security Instrument asa Ben orencumbrance on theProperty; (b) teasehohl payments orground rents on the Property, if any; (c) premiums for any and all hwurancB required by Lender under Section 5; and $ Mortgage Insurance prendums, If any, or any sums payable by Borrower to Lender fa Ren of the payment of Mortgage
Insurance premiums fa arrnnbiwjB with the provisions of Section 10. These items are called "Escrow

Kerns." At origfaalton or at any time during tin term of (he Loan, Lender may require mat Conmmnhy

(

^W

Association Dues, Fees, and Assessments, ff any, be escrowed by Borrower, and such dues, fees and assessment shall bean Escrow Rem.Bonower shall prompfly furnish to Lender allnotices of amount* to be paid under tins Section. Borrower sliaS pay Lender ti» Foods for Es Borrower's obligation to pay the Funds for any or all Escrow Rerns. Lender may waive Borrower's •oMlgntton to pay to Lender Funds for any oraO EscrowItems atany time. Anysuch waiver mayonry be Inwriting. In(he event ofsuch waiver, Bonower shaB pay directly, when and where

due for any EscrowRems for which paymcrttf^

shaRfundsh to Lender receipts evidencing such payment within such time period asLender may require. Borrower's obRgation to make such paymente and to provide lecetete shafl fm
be a covenant and agreement contained fatinsSecurity Trtrtr,|W|M>|l*l asthep^nrfft "covenant andaff***n—ftm

h used la Section 9. If Bonower Is obBgated to pay Escrow Items dtrectiy, pursuant to a waiver, and
Boirower tafisto paythe asionnt d\» form

and pay such amount and Bonower shall fin beobfigaled mto Sectta 9 to repay to Lento amount Leader may revoke the waiver asto any oraR Escrow Rems atany (fa» by a i» accordance wim Section 15 and, upon such revocation, Bonower shall pay to Lender afl Funds, and fa
such ansosnts, (hat are titen required under this Section 3. Lender may, atanytime, collect and hold Funds faananroind (a) sufficients
the Funds at the time specified underRESPA, and (b) notto exceed the nuwinwiji grpramt a lender can
require under RESPA. Lender shall ftflroatp the amount of Funds dee on the basisof currentdataand

reasonable estimates of enpernllmres of future Escrow Rerns orotherwise fa accordance with Applicable
Law.

The Funds shall be held fa an institution whose deposits are insured by a federal agency, fasnumentaRry, ormflfr(htefryHiig Lender, if LfT*dCT fe ph totftntion whose dtpostts are sohH"*f*tyflrhi
anyFederal Home LoanBunk.Lender

specified under RESPA. Lender shall not charge Bonower for holding and applying the Funds, annually analyzing the escrow account, orverifying t!»Escrow Items, inuess Lender p^
Funds and Applicable Law permits Louder tomake such acharge, Unles « Applicable Lawreqmres faterest to bepaid entire Funds, Lanier

any Interest orearnings ondie Funds. Bonower and Lender can agree fa writing, however, flat fofarst

VMMA(FL)CMB

fep6oM6

Form 3010 1/01

A

Rnnlr0179R/Pan*irM'*

n_«._

c

- j c 0\a

shall bepaid onthe Funds. Lender shafi give toBorrower, without charge, an annual accounting of the
Funds asiTqyt,wd by RESPA.

If (here is a surplus of Funds held fa escrow, as defined under RESPA, Lender shafl account to Borrower for theexcess foods faaccordance w!mRKPA.IftIiereisasborta^cf Fm^heMtaesaow.
Lender (beannxnrt necessary to make up (te

__

as defined underRESPA, LendershaR nou^

rnoathry payments, ff there isadeficiency ofFunds heH fa escrow, as defined tnu^ notify Bonower as required byRESPA, aiidBQnowffshaR pay to fender (te
opthe deficiency toaccordance vrf&R l^poa payment fa fofl ofaR sums secured ly ti^
to Borrower anyFunds held by Lender.

4. Charges; Liens. Borrower shaR pay afi taxes, assessments, charges, fines, and impositions
attrftetahfe to urn Properte which can an^

ground rents en (he Property, ffany, and (tosnmunfly Association Dues, Ite, and As

( ^"'

toLefder.butonrysolottgastlciro^ by. v defends agamrtenforcenientc^

Buuuwci shafl promptly discharge any Ben which has priority over tins Security bstremeet unless Borrower: (a) agreesfa writing tothe payment of(he obligation secured by(teh^
prfliTTrt ftw fpfiMTf*"**^ oftfi* Bwi wMfe flm pnrarttogq are pending, bat only until such piiMTHflngi

fte extent (hat (here fiems are Escrow

are conceded; or (c) securesfami upholder oftmsBenanagteenuxd

tiie Ren to tins Security Instnunent. ff Lender deterumxofhrt any {^ of (be Property
whkBcanatfrfaprlffifroy^flfoS""^!"*"^

Hen. Within 10days of(he date onwhich that nouce fa given, Borrowersha^

more ofthe actions set forth above fa tins Section 4.

Lender may require Bonower to pay a one-time charge for a real estate tax verification and/or
reporting service usedby Lender faconnection with tins Loan. 5. Property Insurance. Borrower shafl keep thefam^

the Property insured against toss by fire, hazards fnchtded wiflrin (be term "extended coverage,0 and any other hazards Including, hat notRanted to, earthquakes and floods, for which Lender ieqnb» Insurance.
F-y^Tf TqulrfTi WftPt LfTFff •*q»h»« pironni tn0» prpcwflng kmiImicb* can ehanga Jmliig tea nam of tiie Loan. The Insurance carrier providing the Insurance shafl bechosen by Borrower subject to feeder's rfgjbt to disapprove Borrower's choice, which right shall notbe exeitbed unreasonably. Lender may require Borrower to pay, in connection with tins Loan, either: (a) a one-tee charge for flood zone determtnation, certification and tracking services; or (b) a one*time charge for flood zone drtfrndnatton and certification services and subsequent charges each time remappmgs or shnflar changes occur winch reasonably might afreet such deusniinafion or certification* Borrower shall also be lespunsBMO for the payment of any fees imposed by (he Fee^eral Bmetgeaty Managwni^ Agency fa whn the review of anyflood zonedttefiuliMflOii resorting from anobjection by Borrower.
Tub Insurance shall be mamtamed fa (he aiioante Ctadndtag ded^

VMP6A(FL)oms9

fepeeris

FonnSOlO 1101

Rnnlf2172A/Psvio1 (\f\d

d ^ a e *t o a

sotprotect Borrower, Borrower's equity fa the Property, or(lie contente ofthe Property hazard orBahfltty and ntbjdprovide greater orlesser coverage than was prevto^ acknowledges mat (he cost of the insurant coverage so clmuned nnffi

coverage, at Lender's option and Borrower's expense, fender b under no obligation to purchase any ptTflToTar fyf* "^«"»«««»«f enwer^ge- ThMefeBBy aaA ccwemga ataB csiver Lcsrte. lal srrifiht oriniritf

If Borrower falls to maintain any of (he coverages described above. Lender may obtain Insurance

insurance that Borrower could have obtamed-Arryanwuntsc^sbarsedD^

become additional debt ofBonowersecured In/tin^SecurRyfashunKoL There at the Noterate from tiiedate ofdisbursement and slsulbe paydu^ Lender to Borrower reojtffsllng payment.

Allinsurance poErfes required by Lender and renewals of such policies shall besubject to fender's

mortgagee and/or as an additional loss payee. Lendershafl have timing* to n^

rbjbt to disapprove such poBctes, yftfl fadnde a standard mortgage dause, and shall name Lender as

rwrfHfeate*. ft Lanflpf tgqnlaBg, Bitfwmm Antl promptly fltva la f/tndfif alltccdpts of paid pjpjnluim and renewal notices, ff Bonower obtains anytoon of insurance coverage, nototherwise required by fender,

for dttftygft to* ordestruction ox, the Property, such policy shall lachide a standard morteaga clause and
shall Dame Lender asmortgagee and/or asanarWItlniwl losspayee* bum event ofloss, Borrower shafl gjtre prompt notice to thefasuranre carrier and Lender* Lender

L ^^^

may snake proofof loss if not made promptly byBauuwcr. Unless Lender and Bonower otherwiseagree fa writing, any fasuiauce proceeds, whether orBottheunderrjdx&jrnsuranrewasr beapplied to restoration orrepair of theProperty, ff (he restoration ortepalr fa eccoomlcafiy feasfide and
Lends* s security b not eessened. Duriosc such repair and restoration pertod, Lender snail nave too cumi to

holdsuch Insurance proceeds until Lender has had anopportunity to inspect such Property to ensure (he work has been completed to Lender's satisfaction, provided (hat such Inspection shafl bo undertaken promptly. Lender maydisburse proceeds for tiie repairs and restoration fa a single payment or fa&series of progress payments astiie workb compfeted. Unless anagreement feinade fa requires faterest to be paid onsuch fasurance proceeds, Lender shafl sot berequired to pay Bonower any
interest or eannn&s on such proceeds, fees for pnouc atnnsfws, or othpr third parties, retained by

Bonower shafl notbe paid outof (he Insurance proceeds and shafl be thesole obligation of Bonower. ff timrestoration orrcpafr b nrt iroTiflffilcaRy feasfiue ortimer's security would belessened, tbefasurance proceeds shafl be appRed to thesumssecured by tinsSecurity Instalment* whether or not men due,wan
tiie excess, ff any, paid to Borrower. SuchInsurance proceeds shafl be applied fa the orderprovided for fa
Section 2.

ff Borrower abandons tiie Property, fender may file, negotiate and settle any available fasuianse claim and related matters, ff Borrower does notrespond within 30 days to a notice from Lender that (he insurance carrier has offered tosettle &cfahn, then Lender may negotiate and settle tiie claim. The 30-day period wfll begin when tiie notice b given, fa either event, or ff Lender acquires tiie Property under Section 22 or otherwise, Bonower hereby assigns to Lender (a) Borrower's rights to any insurance nreceeds fa on amount not to exceed the amounts unpaid under tiieNote or fids Security Instrument, and

(b) any other of Borrower's rights (other than (he right to any refund of unearned pirnrrlumt paid by Borrower) under all brummopofides covering the Property, fasofar as such rights are appBcahle to the coverage of rite Property. Lendermay useurn insurance proceeds either torepafr orre
to f^tnmants unpaid under tig Noteor thfaS

PC
VMPtiA(Fl)sxa9 ftprerw Form 3010 1/01

fcn/*!r9179«/Dano1 f\f\R

rv«.~~. -r - r *\*

6. Occupancy. Borrower shafl occupy, establish, and use tiie Property as Borrower's principal residence within <m day* after fee fUBpfntfon pf fefe Security T|i^""»ffrt and *h»fl CTntimw* Iff occupy tire
Property asBorrower's principal residence tor atfeart coo year after thedate ofc*cojj^

otherwise agrees fa writing, which consent shall not be unreasonably withheld, or unless <»«fwn«fe»g
tliiiiinttanfysexist whicharebeyondBorrower's control.

7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shafl not

destroy, damage or Impair (he Property, allow (he Property to deteriorate or commit waste on tiie Property. Whether ornot Bonower b leshfing fa the Property, Bonower shafl maintain the Property fa order to prevent foe Property from dehahnaflag ordecreasing fa value due to Rs condition. Unless Rb fTrtpfmlnfd pursuant to Section 5 feat wyrfr «• wxawaOnw u im* grrmrm^Tjy frptTM? Borrower shall jaumptiy repair tiie Property If damaged to avoid farther deterioration or damage, ff fasurance or crwnVmiHlhm proceeds are paid fa connection who damage to, ortintaking of, (he Property, Bonower shafl be responsible for repairing orrestorfaguta Property oafyff fender ha Trarposes. Lender maydisburse proceeds for timrepafas and restoxathv progress payments asthewmhh completed. If ft*hmnantn py fondwnnaffim p"ffmi1y fTft notjfflfRrtent to tepan orrestore fluProperty, Bonower b not refleved of Borrower's obRgatfon for the «5mpfr%n of
such repair w restoration.

Lender or Rs agent may make reasonable entries upon and Inspections of the Property, ff R has
reasonable cause, fendermayfaspecttfaelnterfaroflhebmrovem Bonower notice at (he oroe of orprior tosuch m 8. Borrower's Loan Application. Borrower shall be fa default tf, during the Loan appfication process* Bonower or any persons or entities acting at the direction of Bonower or with Borrower's Imowtedga orconsent gave materially false, impleading, orinaccurate reformation orstatements to Lender (or fafled to provide Lesser with material bfbnoatioa) fa ronnecfJoo with (he Loan. Material representations fafdude, butare not BmRed to, representations ronmnmg Borrower's occupancy of foe Property asBorrower's principal residence.

rmwmhfe or ajujiropriate to protect Lender's Interest fa (be Property and righto under tins Security

(afr HMBWif lafltto pwiiriiin Ihp enursmOa. and t^rnwHRnte wuitnfnwt fai fete Sermtty Iiwlimimi^ (b) (here b a legal proceeding that might significantly affect Lender's interest fa theProperty andVbr rljghts under fids Security Iu&lriiraent fruch asa proceeding fa bankrnpay, probate, for condemnation or forreflnre, for mfoffflnrenl of a Ben which may attain priority over fids Security Instrument or to enforce faws or regulations), or (c) Bonower has anamloafrt meProperty, (hen fender maydo and pay for whatever b

9. Pretention ofLender's Interestm the Property and RightsUnder this SecurityInstrument. If

fasbument, Inrrndlng protecting and/or awemlng the value of tiie Property, and seeming and/or repairing

tite Property. Lender's actions can tecktde, butare not faulted to! (a) paying anysums secured by a Ren which has priority over (bb Security Insinuate!, (b) appearing fa court and fe) paying reasonable attorneys'fi» to p^ Rs secured posfllon fa a bankruptcy proceeding. Securing tiie Property tedndes, but b not Rntited to, wtftfhjg (he Property to make repairs, change locks, replace orboard updoors and wfadows, drain water from pipes, eflffllnate hnflding or other code violations ordangerous conditions, and have utilities turned onorofi^ ARhou^ Lender maytake actios under thb Section 9, Lender does m doso and boot under anydutyor obHgation to do so. R fa agreed feat Lender tecngno fiabfltty for nottaking anyorall
flcffftrw flupfrftfpffii under thb Section 9.

VMP4A(|FOfDcea

ftpeena

Fcrrn3010~ 1/01

Rnnlc9179R/Ps>ncxinnfi

r%

« -**.

\j«^-

Any aifflumte ifl^wffed by Lender under ftfc SpftJon 9 shall bfcoraft piMftflfna! debt of Borrower secured by tins Security Instrument. These amounts shafl bear Interest at the Noterate from tiiedate of disbursement and shafl be payable, who such Interest, upon notice from fender to Rbihuump restarting

ease, ff Bonower acquires fee title to (he Property, (he leasenoM ana* fim fee ti Lender agrees tothemerger fawriting. 10. Mortgage Insurance, ff Leuerrequired Mortejam Bonowershall pay thepremiums required tornalntato the Mortgage Ir^ the.MortgagB Insurance coverage reqmred by Lender ceases tobewaflabfa from

ff tins Security Instrument b ona leasehold, Bonower shafl comply with all tiie provisions of tiie

toward (he premiums for Mortgage Insurance, Borrower shall pay foe premiums required to ohfatg

jnevioasy provided such insurance and Borrower was required to rnahe separately d

equivalent to tiie cost to Bonower of foe Mortgage firmTfinrft previously fa effect, from an alternate mortgage insurer selected by Lender, ff substantmRy equivalent Mortgage Insurance coverage b not avaflaste, Bonowershafl continue to pay to Leader foe anoadof foe separate^ were duewhen foe Insurance coverage ceased to be fa effect Lender wfll accept, use and retain these payments as a ram-refoBdabJe toss reserve fa Ben of Mortgage Insurance, Such loss reserve shall be eoiHefaadablB, imtwRhslandn^ and Lender shafl notbe required Co pay Bonower any Interest oreanmigs onsuch loss reserve. Lender can imto reserve payments If Mortgage Insurance coverage (fc tig amourta^

coverage substantially equivalent to tiie Mortgage insurance previously fa effect, ata cost substantially

separately eejfejnaled^ Insurance asa condition of making foe Loan and Bonower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shafl pay foe mcudima required to

provided byan insurer selected by Lender again becomes available, bcftuuned, and Lender reaches

Section 10 affects Borrower's obligation topayliAirertatrherateprc^^tatheNote.
JfiflDHBCG*

maintain Mortgage Insurance fa effect, or to provide a non-refundable loss reserve, until fender's requlienrpul for Mortgage l^r«uireenfe Leader |airvhflng for sua frrnrrm

may incur if Borrower does not repay foe Loan as agreed. Bonower b not a party to foe Mortgage

Mortgage fasurance reimburses fender (or any entity mat purchases foe Note) for certain losses R

uHUtfS DSUICfS GVSitdfi fhGu tD&U Dm 00 QuSGCD lOSGfiQtCG fal RfOBuDS tfwM* tQ fftfie Bra iray

enter into agreementswtth other garths flatshare ormodify their risk, orreduce losses. There agreements areoaterms and conditions (hat are satisfactory to obe mortgage tosurer and thec3fa to

tbesti OjKi^z..^..]*. Thesa agtpomunt* pay wqnlw Ihfi fflffrtffpffip fafnUT fft nTflkff nayiftCTTtT Wflig Biff ffOBTFC

tf fends faat thentortgage
JDS03BGfi PICSQifilBSf •

anyoforeatixy, orany afiflfete of any of foe toiegolia inay recetre (duecuy derive from far mbjit be characterized as) a portion of Borrower's payments forMortgage Insurance, fa pschingft for sharing or rnodiryfag foe mortgage fasurer's risk, or reducing fosses. If such agreement
pretnfurns paid to foe insurer, foe arrangement b often termed "captive reinsurance." Further:

Asaresult of(here ajpeeinents, Lender, any purchaser of(he Note, another insurer, any reinsurer,

provides that an affifiate of Lender takes a share of the msnrerj risk fa exchange fig a share of (he

(a) Airy such agreements wfll not effect foe amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreementswfll not Increase the amount Borrower wfll owe for Mortgage Insurance, and they wfll not entitle Borrower to any refund.

A
VltNA(jR)sns} fts»eens form 3010 1/01

Rnstlr?'f7?A/Dd/ia'fnrY7

r*-— «\ .*#*.•

(b) Any such agreements wfll not affect the rights Borrower has - if any - with respect to the Mortgage Insurance onder foe Homeowners Protection Act of 1998 or any other law. Theserights may include foe right to receive certain disclosures, to request and obtain cancellation of (he Mortgage fasurance, to have foe Mortgage fasurance terminated atrtomatfeaDy, and/or to receive a refund ofany Mortgage Insurancepremiums that wereunearned at foe time of such cancellation or
tCfOU&fltlOQ*

assigned to and shall he paid to Leader.

11. Assignment of Miscellaneous Proceeds; Forfeiture. All Mbceflaneous Proceeds are hereby

ff (he Property b damaged, such Mbceflflneous Proceeds shall beapplied to restoration or repair of

^

Lendersiwthiflcflon, provided (hat such Inspection shall beundertaken promptly. **""*? maypayforfoe repairs and restoration fa a shade disbursement or fa a series of progress payments as foe work fa connected. Unless anagreement b madefawriting orApplicable Lawrequires Interest to be paid onsuch
nsjscellaneous s^roceeds, Lender snail not do reoutred to1 pay Borrower any interest or esinftt&s on sucn

until Leaner has had an opnortunhy toinspect such Property to ensure foe work has been completed to

tiie Property, if the rertoration or repair b economically feasible and Lender's security b not lessened. Daring suchrepair andrestoration period, fennYrfthnTI havft tint right to hold roth Mbcwbnpous Pivwds

Miscellaneous Proceeds* ff the restoralira

be fcssened, feeMbceflaneoas Proceeds shafl be applied to foe sumssecured by fob Security hotituueut, whether ornotthrodue,who fee excess, ff any, pah! to Borrower. Such Misceflaneons Proceeds shafl be appned fafoe order provided forfaSection 2. In foe event of a total taking, dtstruction, or loss in value of foe Property, foe Miscellaneous

^w

Proceeds shafl be applied to thesums secured by tins Security Instrument, whether ornot(hen doe, with
foe excess, ifany,pad to Borrower.

value of foe Property immedtatery before fee partial taking, destrccnon, ortoss fa value fa equal to or gieater than tiie jum^wi of the sumssecured by tins Sttuilty Iusuuinent rmmedlately before foe partial taking,deshuUtou, or toss fa value, unless Borrower and Lender otherwise agree fa writing, fa sums * f fob Security Instrument shafl be reduced by fee atpoattt of fee Mlsceflaeeous Proceeds
by fe** following fractions (a) foe total y^p***! of foe *nwr* secured siria*?y^il^ir^^^> before foe

fa the event ofa partial taking, destruction, orloss invalue of foe Property fa which foe fob? market

Vine OX US wwp«iy immeifianay iubwb n» jama nwng, fleMniCIIOfl, OT iOSSm V8iae B I6SSUSUI U3B

[taking, destruction, ortoss fa vahm Divided by(b) (he fab m »foe partial taking, destruction, ortoss favalue. Aty la foe event of a partial (along, destruction, ortoss favalue of foe Property fawhich fee fair market

wanunt of the sums secured famiedmtery before the partial taking, destroction, or toss in value, unless Borrower and Lender otherwise agree fa writing, fee Miscellaneous Proceeds shall beapplied to (he sums
secured by fob SecurityIustroiueut whetheror not feesumsarefheu due.

ff foe Property b rdannonfd by Borrower, or ff, after notice by fender to Borrower feat foe Opposing Party fas defined fa thenext sentence) offers to make anaward to settle a chum for damages. Borrower fafls to respond to Lender within SO days after tiie date tiie notice fagjrvfta, Lenderb anuusued to cofled and apnV the Mbceflaneow sums secured by fete Security bstnmienU whether ornotfo that owesBonower Ivflsceflaneous Proceeds or fee party agates whom

*titew>*t i" Ah> Pwpprty vr 1*$** ""*«* fefr Stqirfty fiwiiuiufait. Bonower can cure such adefault and, ff atcehaution has occurred, reinstate asprovided In Section 19, bycansfng fla acorn ct proceeding tobe
^ijiifpiy^^ with a rofins feat, fa Lenders judgment, nrcchnfmforfeuureof foe Property or irtntir material

regard toMlsoBflfliieous Proceeds. ^_ m m ^ m m A_m Borrower shafl be fa default if anyaction orproceeding, whether dvfl orerrmhwl, b begun feat, fa Leraier's Judgment, could result fa foriehure of the Property or other material rmTtfrfrmfrt of fender's

famatanent of Lendersfaterest in feeIroperty orrigjttunder ti&SecnrRylrmro^
ftgettcflft

7k
Fmm3010 V01

VMMA{FL>{D0OS)

Rnnlr^l70R/Dana 1 (\f\R

rs— <« . m j

anyaward orchum fordamages feat are attributable to fee Impairment offender's faterest fa foe Property
areherebyasstened and shafloe paid to Lender.

Afl Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be appfied fatheorder provided for faSection 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Rxterrrfrm of fee time for

payment crrnodlftfation of areofflzaflnn of thesuins secured b^ to Bonower or anySuccessor fa faterest of Boiiuwer shafl notoperate to release foe fiabflfly of Bonower or anySuccessors fa Interest of Borrower. Lender shall notberequired to conrrneace proceedings against

airtortlzflfloa ofthe sums secured by fobSecurity fastnnoeat byreason of arry Bmiauttf Br anySat ww»* hi Intwnprf nf Bnimuipr. Any ththeotimrm try 1*nA*rin working ywy Hgfo fl> remedy fachafiag, wUhout Bmltatfon, Lender's arrertanre of payments from third persons, entities or
SaooESson fa Interested*Bonower or fa

any Successor fa faterest of Bonower or to refuse to extend time for payment or otherwise modify

precfade foe exercise of any ifa^d orremedy*
13. Joint and SeveralLiability; Consigners; Successors and AssignsBound. Borrower covenants andagrees feat Borrower's obligations andRablRty sbafl beJoint andseveraL However, any Borrowerwho

tennsof fob Seomlry bsuTumen^ Lahuiueut; and (c) agrees that Lender and anyother Bonower can agree to extend, modify, forbear or makeanyaccommodations wtth regard to fee terms of tins Security fastrument or foe Note without tiie

co-signs tiuVSecurtty fastroment but does not execute fee Note (a "co-signer1'): (a)js co-stenmjg fob Security Instrument only tomortgage, grant and convey fee co-signer's faterest fa fee Property under fee

aDJ*L?3roi'w^8?andBabflfly under fob Sfcuiilylratmment unless Lender agrees to such release fa "* k08®8 nnaer**5^5^^™^ BowwveralBfflmJbeietearelfrom Borrower's cbUgatinns
writing. The covenants and agreements of fob Security fastrument shafl bind (except as provided fa
Section 20) and benefit(hesuccessors andasstensoffender.

"Subject to foe provisions of Section 18, any Successor fa faterest of Borrower who assumes Borrower's obRgrifons under fob Security fastrument in writing, and fa approved by fender, shafl obtain

consigner a consent.

Borrower's default, for foe puipose of protecting Lender's faterest fa foe Property and rigbis under fob Security fasbument, fadudfag, outnotRndted to, attorneys' fees, property Inspection and valuation fees, fa regard to airy otiuy fees, theabsence rf feeto Borrower shafl notbeconstrued asa prolnl)M fees feat are cixpressry prohibited by fobSecurity fastroipentw byAppBcabte Lay.
fflte Loanfa subject to alawwhich seb max
•iwt ftf^ faterest or other lo*^ dtaraes coflected or to be fftTtfflfpfl in conn^jtlwi wife (he i-ipy*i exceed the

14. Loan Charges. Leader may charge Borrower fees fg servfoes perfonnad fa con

permitted fimfts, them (a) anysuch loan charge shafl be reduced by fee anionnt necessary to reduce fee charge to thepermitted fintit; and(b) anysums already collected from Bonower whkh ejiceededpftiiiltted Rmflswfll be refunded to Bonower. Lender maychoose to make fob refund by reducing foe * owed under foe Note or by mating a direct payment to Borrower, ff a refund reduces price m . redaction wfll be treated as a partial prepayment wnhoot any prepayment charge (wheoer or not a prepayment charge b provided for under foe Note). Borrower's acceptance of anysuch refund made by direct payment to Borrower will constitute awaiver ofany right of action Borrower might have arising out ofsuchovercharge. 15. Notices. All notices given by Borrower or Lender fa connection with fob Security fastrument most be fa writing. Anynotice to Bonower fa connection with tins Security ReUruanail shafl bedeeaied to have been given to Bonower when ma&ed by first dass maB orwhen actually deflvcred to Borrower's notice address ff seatby other means. Notice to anyone Bonower shafl constitute notice to allT
VMJ*6A(R)coees) rtptiicns Run 3010 1101

RnnJf917Pfl/PanAinn.O

d ^ ^ ^ -**»-

unless Applicable Law expressly requires otherwise. Thenotice address shall be foe Property Address unless Borrower hasdesignated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, ff Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only fytr« ritatwn tffjhMbp«« fewutgh (hat specified procedure. There may be only one designated notice address under tins Security fastrument at any one time. Any notice to Lender shall be riven by delivering R or by maffing R by first dass mallto Lender's address slated herein unless Lender has **<**gnate" am^t»r address by notice to Borrower. Any notice fa connection with fob Security fashumeut shall notbe deemed to have beengiven to fenderonffl actually received by Lender, ff any notice required by fob Security Instalment b aso rrgolrfd under Applicable Law, foe Applicable Law requirement wfll satisfy fee corresponding requirement under fob Security
jnstrument.

AppacaMe Law. Applkabte

16. Governing Law; Severability; Rules of Construction. Thb Security fastrument shall be governed by federal lawand foe few of foejurisolctionfawhlchfeefto^ fmrteatfmw crmfamrd fa fob Security fastrument are subject to any requirements and Imitations of
catgut oe fflipntj out fff*"? wfof*^ snail not bo construed as a prHriP?Hft*n against asreement by contract, in

the event that any provblon or clause of fob Security fastnunent or foe Note ^wwfliHf with AppRcabfa
Law, such conflict shaflsot affectother provisions of tinsSecurity Instrument or foeNote which canbe

\gy,

As used fa fob Security Instrument (a) words of fee mascoRne gender shall mean and fadude cofffspondlng neuter words or words of foe feminine gender; (b) words fa foe singular shall mean and Include foe moral and vice versa; and (c) foe word "may" gives sole discretion without any obflgation to takeanyaction. 17.Borrower's Copy. Borrowershafl begiven one copy of (he Iwte and cd* fobSecurity fa

"Interest fa fee Property0 means any legal orbeneficial faterest fa foe Property, tacfadfag, butnot ihniiffl

18. Transfer of foe Properly or a Beneficial faterest fa Borrower. As used fa fob Section 18,

to, (hose bfrtpflclal interests transferred fa a bond fordeed, contract fordeed, fastaflment sabs coatidct or

escrow agreement, foe Intent of winch b thetiassfer oftideIry Borrows If afl oranypart of feeProperty oranyInterert fa theProper^ b cot a natural person and a beneficial faterest faBorrower b sold ortransferred) wRhout Lender's prior written consent. Lender may require fasseolate pavment fa fall of afl sums secured by fob Security fastrument. However, fob option shall not be exercised by Lender ff such exerrfae fa prohibited by AppBcawe Law. ff fender exercises thb option, Lender shafl gjh/e Bonower notice of acceleration. The notice shall
these sums prior to foe expiration of (fab period, fender may invoke any remedies permitted by fob Securityfastrument wflhout further noticeor demand onBonower. 19. Borrower's Right to Reinstate After Acceleration, ff Bonower meets certain conditions,

yriftfa which Bonower mast pay all sums secured byfob Security fastrument ff Bonower fafls to pay

provide a period of not lessthan30 days from fee date feenotice fa riven fa accordance wife Section 15

prior to theearliest o£ (a) five days before sale of (he Prop fob Security rnstrmrant; (b) such other period as Applicable Law ntigbt specify for thetermlnation of Borrower's right to reinstate; or (c) entry of a Judgment enforcing fob Security Instrument. Those conditions are font Borrower: (a) pays Lender afl sams which (hen would be due under thb Security

Bonower shall have foe right tohave enforcement oftins Security Instrument discontinued at any time

fl#t^em^(cj pays afl expenses faicurred to

faslruinentandtimNoteasff no acceleration had o

to, reasonable attorneys' fees, property faspecflna and valuation fees, and outer fees Incurred for

VMP6A(R)ex09

pattens

Rum 3010 1/01

RaaIt91 71*/0an*1 M f\

!-»_«.«. *•«

-•**»•

v^

purpose of protecting Lender's interest fa fee Property and rights under fob Security fasbinnent; and (d) takes suchaction as l4Bider may reasonably require to assure feat Lender's faterest fa fee Property and rights under thb Security fastrument, and Borrower's obligation to payfoe sumssecured by fob Security Instrument, shafl continue unchanged. Lender mayrequire flat Borrower paysuchwrrrtatentent sumsand expenses fa one or more of foe foflowfag forms, asselected by Lender; (a) cash; (b) money order; (c) certified check,bankcheck, treasurer's check or cashier's check* provided any such check b drawn upon an institution whose deposits areinsured by a federal agency, fastamustaflty or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, fobSecurity Instrument andobligations secured hereby shafl remain fofly effective as tf no acceleration had occurred. However, fob right to reinstate shall not apply fa foe case of acceleration under Section 18. 20. Saleof Note; Change of Loan Servicer; Notice of Grievance. The Noteora partial faterest fa foe Note (together withthb Security fastrument) can besold one ormore times without prior notice to Bonower. A sale might result fa a change fa fee entity (known as fee "Loan Servicer") that cofleds Periodic Payments due under fee Note and thb Security fastrument and performs other mortgage toan servicing nMjgaffom under foe Note, fob Security fastrument, andAppBcaWe Law. Therealsomightbe
one or riiore changes ofthe LoanServicerumelate^

Servicer, Bonower wfll be gjrven written notice of dm change which wfll state foe name and address of the new Loan Servicer, foe address to which payments should be made and any other rnformation RESPA requires fa connection wflha imtitttf transfer tfservldi&fftite serviced by a LoanServicer other than foe purchaser of theNote, feemortgage loan servicing obligations
to Bonower wfll remain with foe Loan Seivto or be transferred to a sue

Netther Borrower nor Lender may cornmenfe, jofa, or bejoined to anyjudicial action (as either an individual Rtigant or foe member of a class) feat arises from fee other party's actions pursuant to thb Security Iastrumant or (bat aflegas (bat the other party hasbreached anyprovision of, or anydulyowedby reason of, febSecoittylnstnnsent, untilsuch Bonower or Lender has notified the other party (wflh such notice given facompflanoe wflh foe requirements of Section 15) of such alleged breach and afforded fee other party hereto a-seasonable period afier fee giving of such notice to take corrective actios, ff Applicable Lawprovides a timeperiod which must elapse before certain action can be taken, feat time
ppTJod wfll be deemed to be rPftfo*^H*y jqj purposes of fins paragraph. The noffeft of arffltpratloa and

oppoifauRy to curegiven to Bonower pursuant to Section 22 and the notice tf acceleration given to Borrower wwsiiHitf to Section 18 shafl be deemed to satisfy (he notice andopportunity to takecorrective action provisions of fidsSection 20.
21. Hazardons Substances. As used fa fob Section 21: (a) "Haxarcfaas Substances" are those
substances defined as toxic or "^^dftrrff ifflffrtftF*^*, uoflutanb, or m^^^i by Environmental Law and foe

foflowfag substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbJddes, volatile solvents, nwteriab containing asbestos orformaldehyde, and radioactive materials; (b) "Enviroamental Law" means federal laws and laws tf thejnrfadlction whew ftpProperty btocated feat relate to health, safety or environmental protection; (c) "Environmental Cleanup" indudes any response action, ignadJal action, or renaoval action, asdefined la Environmental Law;and (d) an Tfavhonmaual Coadrtion1' means a rondffion that can cause, contribute to, or otherwise trigger an Environmental

WtP6A(Fl)(Doea

ftpiscfie

Ftem3010 1/01

£c

RAnlr9179A/Pflnoini1

D~ru* 4Q ~*o*

Nj^^

Sufrrtanrw, orfew^twf mw»kiase any Hazardous Snhoanres. on or fa the Property. Bonowershall cot do. nor aflow anyone else todo. anyfefag afiedittg the Property (a) that b to
Law, (b) whicfa creates as Enviroam

Borrower shafl not cause orpermit foe presence, use, disposal, storage

Mrmmtmw sriwfamea, ggeaies a amdltioa feat adversely affects thevalue tf dmProperty. Thewecedrog

two sentenws shafl not apply to foe presence, use, orstorage on fee Property of smafl quantities tf
Hazardous Substances that are genorafly recogabed to be appropriate to i» inaiBtenance of theProperty (factadliaj,bati^

orothftT attffni *yv^y pwawnnwirtnl nrnegafaiMy agency ar private party Involving the Property and any
Hazardous Substance or Environmental Law of which Bonower has actual faowledge, (b) any
Eavlroffiiiem^ Comfah^ fadm

Boirower shafl prom^gjhre

dahn, demand, lawsuit

rriw« of pry ffirawW SnTfftor^ and (c) any condition caused by foe presence, use orrelease of a

Hazardous Substance which adverse^ atrecb (ha value tf fee Prop^

fay any goverrnuental orregulatory authority, orany private party, feat any removal orother remediation

tfanyBaxardous Substance afi^dm^ remedial actions fa accordance wife Environmental Law. Nothing herein shafl create any obflgstton on IiWT *"* nw fowtwutirantal Ctoflimp. NON-UNIFORM COVENANTS.Borrower and Ijeiiderforther covenant and 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following

Borrower's breach of any. covenant or agreement to thb Security Instrument (but not prior to acceleration under Section 18unless Applicable Lawprovides otherwise). The notice shafl specify: (a) fee default; (b)theaction required to cure thedcfeuh; (c) a date, nottoss than 30days from the date the notice fa given to Borrower, by which thedefault mustbecured; and (d)that foflnre to cure
foe derauftra or bcrore foe date specifiedm

by fob Security Instrument, foreclosure byjudicial proceeding and sate of the Property. The notice
shafl farther inform Borrower ofthe rightto rehstateafteracceterotim end foeright to assert mfo

foreclosure proceeding the non-exbtence of a default orany other defense ofBorrower to accderation
and foreclosure. If the default fa not cored on or before the date specified to foeMtkc, Lender at its

option may require immediate payment in foil tf all sums secured by thb Security Instrument
without further demand and may foreclose thb Security Instrument by judicial proceeding. Lender shallbe entitled to collect afl expenses incurred fa pursuing the remedies provided fa thb Section 22, including, but not limited to, reasonable attorneys' fees andcostsof titleevidence. 23. Release. Lfaoapayrnenttfafl sums secured o^

Security Iifltimuail. Bonower shafl pay any recordation costs. Leno^rnay charge Bonower a fee for
releasing fob Security fastrument, but onfyff the fee bpaU charging of feefeeb permRted under AppRcahleLaw. 24. Attorneys' Fees. As used fa this Security fastrument and the Note, •attorneys' fees" shall fadnde anyattorneys' fees awarded by an appellate court and any atronn^'
proceeding.

25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by Jury fa any action, piwBfxfl^g, ihSmt nrrnrniferrfatm, igfrgfew faemfraflnf tart, Htfawnrfawqultyf arisfagOtttofOffaattV.

wayrefated to fob Security faadrument or fee Note.
VMP6ACR)CH0S) Poe»i4cM8

///*
Fom3010 1/01

RAnlr9179P/Panain'f9

r»~—. am ~**>

BY SIGNING BELOW. Borrower and agrees to fee terms andoovenanb ff**flftfwd fa fob Security Instrument andfaanyRider by Borrower and recorded wRbR. Stoned, seated and defivered fa(he presence

j(Seafl
•Bonower

iSeafl
•Dojjuuu

-(Seal)
•Bonower

iSeafl
•Bonower

JSeaD
•Bonower

—XSeaD
•Bonower

_iSea!)
•Bonower

-(Seal)
•Boiiowa

fjftupory AaoTfiy
9183 0LMSTEADDJBVE LAKE WORTH a 33487
1507AVBOE

L0NGBRAKCH.NJ 07740

VMMA<Fl)exo3)

hplSoMe

Form 3010

1/01

DAA^Oi 700/D«/«a4 H-l O

n#«*««* 4 C

«*C O 4

NSs^,

STATE OF FteraotA lO^tO
The foregoing Instturoent was
PBCVCASrUiO

befbremeftb^g^ tilOu cClT) *

Mpf)(OQuAh

Onmtyss:

whob personally knownto me orwhohas produced

3s lM"^"fHrfliTffn•

I—
i Noisy Fuuc

Utttt^

VMP6A^(DC09

fta»i6«rie

Form 3010 1/01

A.

R/t/tlr9'f 70fi/Do/tA 4 fW v!

D~~~ 4fiA<04

^

L

MAR. 14.2011

2:30PM

561 655 1109

NO. 5985

P. 3/5

MIN SUMMARY-ALS La# 0040563561

@
Active (Registered)

Summary
1000352-3190672024-2

Foreclosure pending (Option 2),retained on
MERS

9193 OLMSTEAD DRIVE

MOM
First Lien
%

LAKE WORTH, FL 33467

Reg Date Comity
PrimaryBonower
Pool Number
Note Amount

05/04&007
Palm Beach

QR
SSN

Y

CASTILLO,
PERCY

XXX-XX-9789

N/A

Investor Loan Number

0040563561

Servicer
Custodian Investor

04/27/2007 Note Date $513,000.00 1000259 - LehmanBrothers Holdings Inc. 1000567 - BankofAmerica, National AssociationasTrustee 1000567- Bank ofAmerica,NationalAssociation asTrustee

Subservicer

1000254 - Aurora Loan Services LLC
N/A

Interim Funder

^w

Originating Organization N/A

Property Preservation
Co. Batch Number

^A
Pending Batches

Transfer Type

Status

Transfer Date

Sale Date

No Pending Batches!

MILESTONES for 1000392-3190672024-2 Initiating

@
Milestone Information

Description

Date

Organization/User ..AnroraLoan MINStatus: Active(Registered)

Foreclosure Status 01/10/2009 Update Batdh

^ ^ Services LLC Foreclosure Status: Foreclosure

Pending (option 2), retained on mers
Quality Review: Y

OCtfifcrr C

AJLSOD01

MAR. 14.2011

2:31PM

561 655 1109

NO. 5985

P. 4/5

1000254

Aurora Loan
Services LLC

MIN Status: Active (Registered)
New Investor: 1000567 Bank of America,National Association as
Trustee

Transfer Beneficial

Rights-Option 2

07/17/2007
Batch

Old Investor: 1000487 Aurora Bank
FSB Batch Number. 4774082

TransferDate: 07/17/2007

j^SSSc
Transfer ofFlow

MINStatus: Active (Registered)
New Servicer: 1000259 Lehman

Brothers Holdings Inc.
Old Servicer: 1000487 Aurora Bank FSB

Servicing Rights

07/12/2007
Batch

Batch Number. 4753756 Sale Date: 07/10/1007
TransferDate: 07/10/2007

FirstMagnus MIN Status: Active (Registered) Financial Corp. NewInvestor 1000487 Aurora

vSSSSSUm 05/23/2007
Rights

WferftfFIniB

!flfiS222&FkstMagnus BankFSB
Trust

"*^ Magnus Financial Corp. &First OldInvestor: 1000392First
Magnus liquidatingTrust
Batch Number 4616106 TransferDate: 05/22/2007

UZBETB WATSON

First Magnus MIN Status: Active (Registered) Financial Corp. New Servicer. 1000487 Aurora
1000392 &First Magnus Bank FSB

Liquidating
Transfer of Flow
Trust

Old Servicer: 1000392 First
Magnus Financial Corp. &First Magnus Liquidating Trust
New Subservicer: 1000254 Aurora Loan Services LLC Old Subservicer: None BatchNumber. 4616106 Sale Date: 05/22/2007 Transfer Date: 05/22/2007

TOS/TOB Servicing 05/23/2007 Rights
UZBETH WATSON

FirstMagmis m^ status: Active OEtegistered)

« . . Registration

a^m™ ^a^I^S^' Servicer: 1000392FirstMagnus 05/04/2007 1000392 &First Magnus FjnancM<*rp.&Fir*Magnus Liquidating liquidating Trust
Trust n

ALS 0002

N Auditmr 1000392-3190672024-2 - ALS Ln No 0040563561 - Castfflo

@
Updated By
User Name

10)
Date

Field Name

Before Value

After Value

Action n 11/2011 Investor loan number 0040563561

Org IB
Batch User ID

date
11/2011 InvestorOrglD date 1000567
10002S5

1000001
Batch User ID 1000001

i9/7flna Security instrument
date

21728

Batch

1000254

12/2009 pageJbUo number Sec^.*0**"™31*
date

0999

Batch

1000254

10/2009 Foreclosure status

Foreclosure Fending (option 2), retained on
MERS

Batch

date

1000254

24/2008 ^camentCustodianOrg
date
01/2008 Investor loan number

1000567

Batch

1000254 0040563561 Batch 1000254

date

04/2008 Quality Control flag

No

Yes

Batch

ALS

ate
3/2007

1000254

OrigjttdReooidmg:SI#-200702333I3,Baotit- «niroirV'T>r><3'r

. PageM-, KficoidingDt- 05/14/2007
1000567

SHHRRYRDST
1000392

1000487

Botch User ID
1000001

7/2007 InvestorOrglD ate

N Aoditfor 1000392-3190672024-2

«>
Updated By User
Name

-14)
Pate
Field Name
Action

BeforeValue

Afier Value

Org ID
1000259

Servicer Org ID

1000487

BatchUser ID
1000001

12/2007 date

InvestorOrglD

1000392

1000487

BatohUserlD
1000001

23/2007 date

23/2007 date

ServicerOrg ID

1000392

1000487

BatchUser ID
1000D01

Sub Servicer Org ID

1000254

BatchUser ID
1000001

23/2007 date

ALS

Sign up to vote on this title
UsefulNot useful