090608-denise ton cbass 2007-cb5 v austin fl

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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIl'.:L CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION CASE NUMBER: CACE 08-47335 13

U.S. BANK NATIONAL ASSOCIATION AS __ 8 __ SUCCESSOR TO .. LASALLE BANK NATIONAL

ASSOCIATION, AS TRUSTEE FOR THE 9 C-BASSMORTGAGE LOAN ASSET-BACKED

---CERTIFICATES, SERIES 2007-CB5, ORIGINAL 10

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. Plaintiff,

vs.

JOYCE AUSTIN, et al.,

Defendants.

600 West Hillsboro Boulevard Suite 220 Deerfield Beach, Florida Monday, June 8, 2009 12:30 p.m. - 3:55 p.m.

DEPOSITION OF DENISE MICHELLE BAILEY

Taken before Robert I. Fingles, Court

Reporter, Notary Public in and for the State of

Florida at Large, pursuant to Notice of Taking

Deposition filed in the above cause.

VeritextlFlorida Reporting Co. Serving the State of Florida (305) 376-8800

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kheavner

"S" Stamp

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Witness

APPEARANCES

ERIN PRETE, ESQ., and DANIELLE N.

PARSON, ESQ., of the firm of Butler

& Hosch, 3185 South Conway Road, Suite

E, Orlando, Florida 32812, on behalf of

the Plaintiff.

JOSH BLEIL, ESQ., of the firm of The

Ticktin Law Group, P.A., 600 West

Hillsboro Boulevard, Suite 220, Deerfield

Beach, Florida 33441, on behalf of the

Defendants.

I N D E X

Direct Cross

Denise M. Bailey 3

E X H I BIT S

Defendant's For Ident.

A Affidavit Of Indebtedness 53

B Complaint 80

Veritext/Florida Reporting Co. Serving the State of Florida (305) 376-8800

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1 Thereupon--

2 DENISE MICHELLE BAILEY,

3 was called as a witness by the Defendants and, having

4 been first duly sworn, testified as follows:

5 THE WITNESS: I do.

6 DIRECT EXAMINATION

7 BY MR. BLEIL:

8 Q. Miss Bailey, have you ever had your

9 deposition taken before?

10 A. I have.

11 Q. We are here for a deposition. Since

12 you've had your deposition taken before you probably

13 know these things, but just some general housekeeping

14 things makes it easier for our Court Reporter mostly.

15 I'm going to be asking my questions

16 verbally. If you don't understand a question the way

17 I've asked it, ask me to rephrase it because the last

18 thing that I want or your attorneys want is for you

19 to be guessing. If I have to make the question

20 easier, or parse it out, I'll be happy to try. Along

21 those lines, too, if I ask you a question and you

22 answer it, I'm going to assume you understand it

23 unless you tell me differently.

24 A. Okay.

25 Q. Also, Mr. Court Reporter is here taking


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1 down what we say. That's a blessing and a curse. He

2 takes down what we say, but he can't take down shrugs

3 of the shoulder or nods of the head.

4 A. Okay.

5 Q. So I'm going to verbalize my questions

6 and I'll appreciate it if you verbalize your answers.

7 Along those lines, too, I'm going to do

8 my best not to step on your answer because we all

9 want to know what your answer is. So if you give me

10 a chance to ask my question, I'll do my best not to

11 step on your answer because as good as the Court

12 Reporter is he can only take down one person talking

13 at a time. It just makes it easier for everybody.

14 A. That's right.

15 Q. If you need a bathroom break, or need to

16 take a medication break, let me know. It's not as if

17 we've got to be chained to our chairs. We don't need

18 to make it anymore uncomfortable than the temperature

19 of the room already is.

20 A. Okay.

21 Q. With those basic housekeeping things,

22 could you please state your full name for the record?

23 A. Denise Michelle Bailey.

24 Q. Could you spell that for the Court

25 Reporter?


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1 A. D-E-N-I-S-E, Michelle, M-I-C-H-E-L-L-E,

2 Bailey, B-A-I-L-E-Y.

3 Q. Miss Bailey, where are you currently

4 employed?

5 A. Litton Loan Servicing.

6 Q. What is the address for Litton Loan

7 Servicing?

8 A. It is 4828 Loop Central Drive, L-O-O-P,

9 Central Drive, Houston, Texas. I don't remember the

10 Zip Code.

11 Q. How long have you been working for Litton

12 Loan Servicing?

13 A. About twelve years.

14 Q. Before we jump into the employment,

15 what's your educational background?

16 A. I have a high school education.

17 Q. What high school did you graduate from?

18 A. Central Tech.

19 Q. Where is Central Tech located?

20 A. Syracuse, New York.

21 Q. What year did you graduate from high

22 school?

23 A. If I remember correctly, '73.

24 Q. Do you have any secondary education?

25 A. No.


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1 Q. Going through some of your employment,

2 after you graduated high school where did you go to

3 work or did you work, I should say? Did you get a

4 job after you graduated high school?

5 A. I did, but I don't remember where it was.

6 I've been in the mortgage business thirty-two years.

7 Q. Do you remember your first job?

8 A. No, I don't.

9 Q. Do you remember your second job?

10 A. No, I don't. I've been in the mortgage

11 business since '77.

12 Q. What did you do in 1977 in the mortgage

13 biz?

14 A. I was at a loan servicing shop.

15 Q. Which loan servicing shop was that?

16 A. It was at the time called United Savings.

17 Q. Where was United Savings located?

18 A. Houston, Texas.

19 Q. Did you have a title when you started off

20 with the loan servicing shop?

21 A. Insurance. Insurance clerk.

22 Q. What did you do at the loan servicing

23 shop as an insurance clerk?

24 A. Monitored the payment of annual premiums.

25 Q. Who would make those annual premium


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1 payments?

2 A. Mortgagors.

3 Q. Did you have any other position when you

4 were with the loan servicing shop?

5 A. I don't remember.

6 Q. Do you remember how long you were there

7 at the loan servicing shop?

8 A. I was there -- no, I don't remember the

9 exact numbers of years. Maybe about fourteen.

10 Q. Did you work as an insurance clerk for

11 the entire fourteen years?

12 A. I did not, but I don't remember all the

13 positions I held at that time.

14 Q. Well, do you remember any of the

15 positions you held during the fourteen years you

16 worked there?

17 A. Collections is part of it.

18 Q. Do you remember the specific time you

19 worked for collections?

20 A. No, I don't.

21 Q. Do you remember the length of time you

22 worked for collections?

23 A. A number of years, but I don't remember

24 the exact.

25 Q. Did you hold the insurance clerk title


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1 and a collections title simultaneously?

2 A. No.

3 Q. So they were independent positions?

4 A. Yes.

5 Q. You remember that you were an insurance

6 clerk and you worked in collections. What did you do

7 for collections?

8 A. Called mortgagors for payments.

9 Q. You were an insurance clerk, collections.

10 Any other positions you held in the fourteen years

11 that you were working at the loan servicing shop?

12 A. I don't remember offhand. I don't

13 remember.

14 Q. So you don't remember if you had any

15 other positions?

16 A. No, I don't.

17 Q. Did you have a supervisor when you were

18 an insurance clerk?

19 A. Yes, I did, but I don't remember her

20 name.


22 working in the Collections Department?

23 A. I did.

24 Q. Do you remember that individual's name?

25 A. I do, Karen Lancaster.


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1 Q. Do you remember how to spell Karen's last

2 name? Just like it sounds?

3 A. Just like it sounds.

4 Q. There's a little city in Pennsylvania

5 called Lancaster.

6 What did you do when you were working for

7 the loan servicing shop besides doing the insurance

8 and the collection calls?

9 MS. PRETE: Objection. Asked and

10 answered.

11 THE WITNESS: That was all I can remember

12 from those years.

13 BY MR. BLEIL:

14 Q. You don't have defects in your memory, do

15 you, any diagnosable memory issue?

16 A. I don't know.

17 Q. You're not under any medications that

18 would affect your memory, as we sit here today,

19 right?

20 A. No.

21 Q. Were you at the same physical location

22 for that fourteen years when you worked for the loan

23 servicing shop?

24 A. No, two different locations.

25 Q. Can you give me the first location?

VeritextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

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1 A. Don't know the numbers. Southwest

2 Freeway, Houston, Texas. The second location

3 Ranchester Street, Houston, Texas.

4 Q. After you worked for the loan servicing

5 shop did you find any other employment?

6 A. Yes, Mellon Mortgage.

7 Q. Do you remember the year you started

8 working for Mellon Mortgage?

9 A. I believe '91 or '90.

10 Q. What was the reason you left the loan

11 servicing shop?

12 A. I don't remember. I don't remember why I

13 left that one.

14 Q. Were you terminated?

15 A. No, I was not.

16 Q. Did you leave of your own volition?

17 A. I did.

18 Q. Did you have your job lined up or did you

19 already have a job at Mellon Mortgage when you left

20 loan servicing?

21 A. I don't think so. I think there was a

22 little gap.

23 Q. Did you have a title when you started at

24 Mellon Mortgage?

25 A. I worked in claims.

VeritextlF101ida Reporting Co. Serving the State of Florida (305) 376-8800

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1 Q. What did that position entail?

2 A. Filing claims with mortgage insurance

3 companies.

4 Q. Who did you file those claims on behalf

5 of?

6 A. On behalf of the servicer.


8 working for the Claims Department at Mellon Mortgage?

9 A. I did. I can't remember his last name.

10 His first name was Greg.

11 Q. Did you have a specific title when you

12 first started working at Mellon Mortgage?

13 A. Claims. Claims processor.

14 Q. Did you have any other positions when you

15 were working at Mellon Mortgage besides that of a

16 claims processor?

17 A. I did. Customer service supervisor.

18 Q. Do you remember when you started your

19 position as the customer service supervisor position?

20 A. No, I don't.

21 Q. Do you remember if it was a number of

22 months, a number of years?

23 A. It was a number of years, but I don't

24 remember how many.

25 Q. How many years did you work for Mellon

VeritextIFlorida Reporting Co. Serving the State of Florida (305) 376-8800

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1 Mortgage?

2 A. Maybe about seven.

3 Q. What did you do as a customer service

4 supervisor?

5 A. Monitor calls.

6 Q. What kind of calls did you monitor?

7 A. The calls between the service reps and

8 the mortgagors.

9 Q. When you monitored these calls, what did

10 your duties entail?

11 A. You monitored them for quality, to make

12 sure that they were giving quality answers.

13 Q. Was that quality established by some kind

14 of a written procedure?

15 A. Yes, it was.

16 Q. Like a standard operating or standard

17 customer service procedures in place at Mellon

18 Mortgage regarding the customer service end of it?

19 A. There was.

20 Q. When you were a customer service

21 supervisor, what kind of things would you monitor?

22 You mentioned, I think earlier, something about

23 giving the right answer or the correct answer,

24 something like that. What did that entail?

25 A. People call in for tax questions,

VelitextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

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1 insurance questions, collections. If it didn't

2 pertain to our department, we would transfer the

3 call.

4 Q. You mentioned giving the right answers.

5 What would be a right or a wrong answer? I'm trying

6 to flush out what you did.

7 A. I don't know. It would depend on what

8 the question was.

9 Q. What would be a standard question?

10 A. Have my taxes been paid.

11 Q. And what would be a right answer to that

12 question?

13 A. It would depend on whether or not their

14 taxes were paid.

15 Q. How would you ascertain if the question

16 was right or wrong?

17 A. You would look it up on the system to see

18 if they were paid.

19 Q. So you were more supervising the

20 conveyance of information, not necessarily the way

21 that it was conveyed?

22 A. Correct.

23 Q. Did you have any kind of involvement with

24 facilitating or abiding by the Fair Debt Collections

25 Practices Act?


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1 A. I don't remember. I don't remember when

2 that became law. I don't remember.

3 Q. But you know of that?

4 A. I know of it now.

5 Q. Do you also know it goes by an acronym of

6 FDCPA?

7 A. Yes.

8 Q. So if I use FDCPA in our deposition

9 today, you're going to understand that I'm referring

10 to the Fair Debt Collections Practices Act?

11 A. Yes, but I'm not in collections.

12 Q. You mean not in collections today or not

13 in collections --

14 A. Back then, yes.

15 Q. Back then part of your job was monitoring

16 the calls, right?

17 A. Yes.

18 Q. As a customer service supervisor?

19 A. Yes.

20 Q. After you were a customer service

21 supervisor did you hold any other positions at Mellon

22 Mortgage?

23 A. No.

24 Q. How many individuals did you supervise at

25 one time?


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1 A. If I recall, maybe ten.

2 Q. These were essentially people taking

3 calls, incoming calls, right?

4 A. Yes.

5 Q. Do you know if any of those telephone

6 conversations were ever recorded?

7 A. I don't know.

8 Q. After you worked at Mellon Mortgage did

9 you get a different job after that?

10 A. Yes.

11 Q. What job was that then?

12 A. Litton.

13 Q. Do you remember when you started at

14 Litton?

15 A. October '96.

16 Q. What was the reason you left your employ

17 with Mellon Mortgage?

18 A. I was offered a position at Litton.

19 Q. What position did they offer you at

20 Litton?

21 A. Foreclosure supervisor.

22 Q. What did you do as a foreclosure

23 supervisor at Litton Loan?

24 A. Reviewed foreclosure documents, assigned

25 loans to attorneys.


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1 Q. What kind of foreclosure documents did

2 you review?

3 A. Complaints, affidavits, referrals.

4 Q. What do you mean when you say referrals?

5 A. Referral to an attorney. A referral

6 package to an attorney.

7 Q. What is a referral package?

8 A. A letter that basically says we're

9 employing you to handle th~sforeclosure.

10 Q. And that would corne from Litton Loan?

11 A. Yes.

12 Q. You mentioned complaints. What is a

13 complaint? Can you describe for me what it is?

14 A. A foreclosure complaint.

15 Q. Is it your understanding that a

16 foreclosure complaint could also be called a lawsuit?

17 A. It can be.

18 Q. You mentioned affidavits. What kind of

19 affidavits did you review?

20 A. There's different ones for all different

21 states.

22 Q. Do you know the ones for different

23 states?

24 A. There are different ones for different

25 states.


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1 Q. Do you know what --

2 A. Affidavits of Merit, Affidavits of

3 Judgment.

4 Q. Did you ever review any affidavits in the

5 State of Texas, for example?

6 A. In Texas, no.

7 Q. Do you know if Texas requires any

8 particular affidavits?

9 A. There are different ones for homestead,

10 different types of homestead applications.

11 Q. Let's go through some of those. I think

12 you mentioned homestead applications or homestead

13 affidavits. What are-those?

14 A. That's for the State of Texas. That's

15 for a particular type of loan that a person makes.

16 But I don't know the ins and outs of the loan. I'm

17 not a loan officer. But there's an application that

18 you file in Texas.

19 Q. Do you have any idea why you file that in

20 Texas and nowhere else?

21 MS. PRETE: Objection. Calls for a legal

22 conclusion.

23 BY MR. BLEIL:

24 Q. If your attorney make an objection, she's

25 made it the record. Unless she instructs you not to


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I answer, you can still answer the question, Miss

2 Bailey.

3 So do you have any idea what kind of

4 affidavits you file in Florida?

5 A. Well, there's different ones for every

6 state. Do you want me to name them all?

7 Q. That would be helpful, yes. In the State

8 of Florida, what kind of affidavits are you aware of

9 that you file?

10 A. Affidavit of Debt.

11 Q. Any other ones you can think of?

12 A. That's the main one that I handle at

13 Litton.

14 Q. Do you know of any other ones?

15 A. There could be some more, but I can't

16 name them offhand.

17 Q. So the only one you know of is the

18 Affidavit of Debt?

19 A. Yes, I do.

20 Q. So there aren't any other affidavits that

21 you know of that get filed?

22 MS. PRETE: Objection.

23 THE WITNESS: There could be.

24 BY MR. BLEIL:

25 Q. I thought you just told me before there's


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1 a number of affidavits, right?

2 A. I handle Affidavits of Debt mostly in

3 Florida.

4 Q. I appreciate that, Miss Bailey. But I'm

5 asking you do you know of any other ones? Not just

6 the ones you handle, do you know of any other

7 affidavits?

8 A. I couldn't name them.

9 Q. But do you know of them?


11 answered.

12 THE WITNESS: I couldn't name them.

13 BY MR. BLEIL:

14 Q. Is it you couldn't name them or you don't

15 know of them?

16 A. I couldn't name them right now.

17 Q. But you know of other affidavits that are

18 in the State of Florida, right?

19 MR. PRETE: Objection. Asked and

20 answered.

21 THE WITNESS: I couldn't name them. I

22 can't name them right offhand.

23 BY MR. BLEIL:

24 Q. But, Miss Bailey, I think we're kind of

25 mixing it up here. I'm not asking you to name them.


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1 I'm just asking you if you're aware of them. You

2 keep giving me the response you can't name them.

3 Do you know if other ones exist?

4 A. They could, but I can't name them.

5 Q. And I'm not asking you to name them.

6 A. Okay.

7 Q. What does Litton Loan Servicing do; do

8 you know?

9 A. They service mortgage loans. They pay

10 taxes, they pay the insurance, they collect payments,

11 they handle foreclosures.

12 Q. Are you an officer of any corporations?

13 A. I'm an assistant secretary at Litton --

14 of Litton Loan Servicing.

15 Q. What does an assistant secretary of

16 Litton Loan Servicing do?

17 A. Sign documents.

18 Q. Is there anything else you do as an

19 assistant secretary of Litton Loan Servicing besides

20 sign documents?

21 A. No.

22 Q. I thought you mentioned before that your

23 title was a foreclosure supervisor at Litton Loan,

24 right?

25 A. When I started.


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1 Q. So you had a position after the

2 foreclosure supervisor?

3 A. I'm still a foreclosure supervisor. I'm

4 also an assistant secretary who can sign documents.

5 Q. Do you remember when you became an

6 assistant secretary?

7 A. I don't remember the year.

8 Q. Do you know if it was when you started

9 with Litton Loan?

10 A. No,it was not.

11 Q. So it was some time in the interim?

12 A. Right.

13 Q. Can you give me a ballpark of the date

14 and year?

15 A. I can't.

16 Q. Is there anything that you might be able

17 to look at to refresh your memory to give you an idea

18 of when you did become that?

19 A. Not with me.

20 Q. Where would that information be if you

21 had to look at it?

22 A. At our office.

23 Q. You say the office. At Litton Loan's

24 office?

25 A. Yes.


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1 Q. Are you an officer of any other

2 corporations?

3 A. No.

4 Q. Do you sign any other documents or do you

5 sign documents other than those on behalf of Litton

6 Loan?

7 A. Everything I sign is for Litton Loan

8 or --

9 Q. I'm sorry. I didn't mean to cut you off.

10 A. I'm sorry. For Litton.

11 Q. Or you were going to say. Was there a

12 second part there?

13 A. No.

14 Q. Do you ever sign anything on behalf of

15 MERS?

16 A. I have.

17 Q. Do you remember the last time you signed

18 anything on behalf of MERS?

19 A. Probably Friday.

20 Q. Miss Bailey, just for clarification, when

21 I say MERS, you understand that that stands for the

22 Mortgage Electronic Registration System, right?

23 A. Yes.

24 Q. So if we use that acronym MERS, you're

25 going to understand that I'm talking about the


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1 Mortgage Electronic Registration System, right?

2 A. Yes.

3 Q. What was the last thing you signed for

4 MERS?


6 Q. When you say Friday, you're talking about

7 the Friday preceding this deposition, which would

8 been the fifth of June?

9 A. Yeah.

10 Q. If today is the eighth, and it's a

11 Monday, the fifth would have been --

12 A. Yes.

13 Q. What kind of documents have you signed on

14 behalf of MERS?

15 A. Assignments.

16 Q. And those would be assignments of?

17 A. Mortgage.

18 Q. Assignments of mortgages?

19 A. Yes.

20 Q. Under what authority do you sign

21 assignments of mortgages for MERS?

22 A. As assistant secretary.

23 Q. Are you an assistant secretary of MERS?

24 A. Yes.

25 Q. So before when I asked about the other


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1 companies that you were an officer in was there a

2 reason you didn't mention MERS?

3 A. You refreshed my memory.

4 Q. Because you couldn't remember what you

5 signed last Friday on behalf of MERS, is that why?

6 A. I don't remember the last document. The

7 bulk of documents that I sign are assignments. I

8 don't remember the last document, but I sign a lot of

9 assignments for MERS.

10 Q. You sign a lot of assignments on behalf

11 of MERS?

12 A. Yes, I do.

13 Q. What was that position you hold with MERS

14 again? I'm sorry. It was assistant?

15 A. Assistant secretary.

16 Q. Do you remember when you became assistant

17 secretary of MERS?

18 A. No, I do not.


20 to look at to refresh your memory that you brought

21 here with you today?

22 A. No, I do not.

23 Q. Do you know if there's any documents back

24 in your office you might be able to look at and

25 refresh your memory as far as when you became


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1 assistant secretary for MERS?

2 A. There is.

3 Q. Did you have to sign anything indicating?

4 A. No, I did not.

5 Q. How did you become an assistant secretary

6 of Litton Loan?

7 A. I was appointed assistant secretary.

8 Q. Do you know why you would need to be an

9 assistant secretary of Litton Loan to sign documents?

10 A. No, I do not.

11 Q. Did you ever ask anybody why?

12 A. No, I did not.

13 Q. I think you said earlier you've been

14 involved with the mortgage business for about

15 twenty-five years?

16 A. About thirty-two.

17 Q. Thirty-two. So you've got a pretty good

18 grasp of what goes on with mortgages and debts and

19 things like that, right?

20 A. Yes.

21 Q. Because you've been in this field pretty

22 much your entire working life, right?

23 A. Yes.

24 Q. Are you an officer in any other

25 corporation besides Litton Loan and MERS?


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1 A. No.

2 Q. When you sign documents on behalf of

3 MERS, where do you sign them at?

4 A. Physically?

5 Q. Yes.

6 A. I didn't understand the question.

7 Q. Maybe if I hone in on one specific

8 example maybe that will help.

9 I think you testified that you signed

10 some document last Friday on behalf of MERS, right?

11 A. Right.

12 Q. Do you remember what physical address you

13 were in when you signed that?

14 A. Litton Loan.

15 Q. Does MERS pay you for what you do?

16 A. No.

17 Q. You're going to have to help me because

18 I'm trying to figure out why you would be an

19 assistant secretary of MERS but not get some kind of

20 remuneration for it. Is there a reason?

21 A. If there is, I wouldn't know what it is.

22 MR. BLEIL: Can we take a quick break?

23 MS. PRETE: Sure.

24 (Thereupon, a brief recess was taken,

25 after which the following proceedings were had:)


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1 BY MR. BLEIL:

2 Q. Common sense-wise, why would you be an

3 assistant secretary for MERS without receiving any

4 payment from them?

5 A. I work for Litton Loan.

6 Q. Right. But you just said you're an

7 assistant secretary of MERS, too, right? You're an

8 officer of MERS?

9 A. Right, for signing authority.

10 Q. What's in your mind the distinction that

11 you're an officer of MERS for signing authority?

12 A. To execute assignments.

13 Q. And you do that for MERS out of the

14 kindness of your heart?

15 A. No, I do that for Litton.

16 Q. You subscribe or sign assignments on

17 behalf of MERS for Litton?

18 A. Because I work for Litton.

19 Q. Do you have any idea why if you work for

20 Litton you're signing assignments for MERS?

21 A. No.


23 A. No.

24 Q. You understand what an assignment of a

25 mortgage is, right?


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1 A. Yes, assign it out of MERS to the note

2 holder.

3 Q. SO Litton Loan pays you for your

4 services, right?

5 A. Correct.

6 Q. I don't need to know what amount. But

7 whenever you get a check it's got Litton Loan on

8 there, right?

9 A. Right.

10 Q. You never get a check from MERS, do you?


12 answered.

13 THE WITNESS: No.

14 BY MR. BLEIL:

15 Q. Miss Bailey, just for clarity sake, if

16 you give your lawyer a second to make the objection,

17 then she'll be able to make that objection. I know

18 you and I are going at it pretty quick. But if you

19 give that second pause it will give your lawyer a

20 chance to make her objection, if she needs to.

21 How many assignments do you think you've

22 signed on behalf of MERS?

23 A. I wouldn't know.

24 Q. If you had to guess?

25 A. I couldn't guess.


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1 Q. Are we talking a thousand?

2 A. More than a thousand.

3 Q. More than ten thousand, do you think?

4 A. I wouldn't know. More than a thousand,

5 but I have no idea how many.

6 Q. How long have you been signing

7 assignments on behalf of MERS?

8 A. I don't know the exact number of years.

9 Q. But it's been a number of years?

10 A. ·It's been a number of years.

11 Q. More than four?

12 A. I couldn't tell you.

13 Q. Is there anything you might be able to

14 look at that you've got with you today to indicate

15 how long you've been a signing secretary for MERS?

16 A. No.

17 Q. Would maybe something be in your office

18 that would indicate that?

19 A. Yes.

20 Q. Who gave you the authority to sign on

21 behalf of MERS?

22 A. I don't have the document here.

23 Q. But there's a document where someone gave

24 you authority?

25 A. There's a document.


1 Q. Do you remember anything that document

2 said or had in it?

3 A. No, I don't.

4 Q. How do you know sitting here today that

5 it gave you authority to sign on behalf of MERS?

6 A. I know it, but I don't have it here.

7 Q. I understand you don't have it here. But

8 do you remember what it says?

9

10

Q.

Q.

No, I don't.

But it's your understanding that that

11 document gave you the ability to sign on behalf of

12 MERS?

13 A. Yes.

14 Q. If you had to call someone about a

15 question on an assignment that you're signing for

16 MERS, who would you call?

17 A. I wouldn't need to call anyone.

18 Q. Why wouldn't you need to call anybody?

19 A. Why would I need to call them?

20 Q. Let's say you had an assignment and

21 something didn't quite look right on it. Is there

22 anybody that you would call at MERS for some

23 clarification?

24 A. No.

25 Q. So if you had a problem with one of your


30

31

1 assignments, you thought maybe I can't sign this

2 because it doesn't look right, what would you do with

3 it?

4 A. Take it to my manager.

5 Q. Who is your manager?

6 A. Debra Lyman.

7 Q. What's Debra's title?

8 A. Vice president.

9 Q. Vice president of?

10 A. Foreclosures.

11 Q. How long has Debra been your supervisor?

12 A. I don't know the exact number of years.

13 Q. But a number of years, right?

14 A. A number of years.

15 Q. So if you had a question about something

16 you were signing on behalf of MERS, you would go ask

17 Debra, right?

18 A. Yes.

19 Q. Did you ever ask Debra about something

20 you're signing on behalf of MERS?

21 A. No.

22 Q. Do you know if Debra works for MERS?

23 A. Don't know.

24 Q. Do you know if Debra works for Litton

25 Loan?


32

1 A. Yes.

2 Q. How do you know that?

3 A. I see her everyday.

4 Q. It would be kind of strange for her to be

5 there everyday unless she was working for Litton,

6 right?

7 A. That's right.

8 Q. You mentioned earlier that you had your

9 deposition taken before. Do you remember the last

10 time you had your deposition taken?

11 A. No, I don't.

12 Q. Do you remember any of the times you had

13 your deposition taken?

14 A. I had one this year, but I don't remember

15 when.

16 Q. Do you know what state that was in?

17 A. I was in Texas.

18 Q. Was it regarding a foreclosure lawsuit?

19 A. I don't remember if it was a lawsuit.

20 Q. Were you there as a representative of

21 Litton; do you remember that?

22 A. Yes, I was.

23 Q. Do you remember having your deposition

24 taken any other time before this year?

25 A. I've had it taken before. I don't


33

1 remember when.

2 Q. Do you remember why you had your

3 deposition taken?

4 A. No, I don't.

5 Q. Was it for a mortgage case?

6 A. Related foreclosure.

7 Q. SO it wasn't as if you had your

8 deposition taken in a personal injury case or

9 something, right?

10 A. Right.

11 Q. And it wasn't as if you had your

12 deposition taken in a family law matter, right?

13 A. Right.

14 Q. We're talking about times when you were a

15 representative of Litton Loan?

16 A. Yes.

17 Q. What other departments do they have at

18 Litton Loan?

19 A. Tax, insurance.

20 Q. Do you know what the Tax Department does

21 at Litton Loan?

22 A. No.

23 Q. How do you know there's a Tax Department?

24 A. There's a Tax Department in the

25 directory.

VeritextiFiorida Reporting Co. Serving the State of Florida (305) 376-8800

34

1 Q. So you know there's a Tax Department

2 there because you see it listed in a directory?

3 A. Yes. I know people that work in the Tax

4 Department.

5 Q. How do you know people work in the Tax

6 Department?

7 A. They say they do.

8 Q. Who said they work in the Tax Department?

9 A. People who work in the Tax Department.

10 Q. Do you remember any names?

11 MS. PRETE: Objection. Relevance.

12 BY MR. BLEIL:

13 Q. Are these people you talk to everyday?

14 A. Hi and bye. Hello.

15 Q. Do they have name tags on?

16 A. Yes.

17 Q. Does everybody at Litton wear a name tag?

18 A. Supposed to.

19 Q. Do you know anyone else that works at

20 Litton Loan besides you and Debra?

21 A. Yes.

22 Q. Who?

23 A. A lot of people.

24 Q. Can you name any?

25 A. Peter.


35

1 Q. What's Peter's last name?

2 A. Don't know.

3 Q. Do you know what Peter does?

4 A. No.

5 Q. Anybody else that works at Litton Loan

6 that you know of?

7 A. A lot of people. You just want names?

8 Q. Yes, give me some names.


10 BY MR. BLEIL:

11 Q. We're talking about the Tax Department.

12 A. How many do you want?

13 Q. Well, why don't you just list off some of

14 the ones you know and maybe then we can ask about

15 them.

16 MS. PRETE: Objection. There are several

17 people that work at Litton Loan.

18 MR. BLEIL: Miss Bailey said she knows a

19 number of them.

20 MS. PRETE: Is there a purpose for that?

21 MR. BLEIL: Yes. I'm trying to

22 ascertain, you know, her knowledge.

23 MS. PRETE: You know her manager. That's

24 who she reports to. Why do you have to know

25 the name of everybody else she knows that works


36

1 at Litton?

2 MR. BLEIL: Well, counsel, I think you're

3 well aware that I'm able to ask anything that's

4 reasonably calculated that leads to admissible

5 evidence, and based upon the document --

6 MS. PRETE: What is the admissible

7 evidence you're looking to obtain with that

8 MR. BLEIL: I don't know yet. Maybe I

9 need to ask some questions to find out.

10 MS. PRETE: from somebody who works in

11 the Tax Department?

12 MR. BLEIL: Miss Bailey, doesn't seem to

13 know anybody in the Tax Department. Maybe she

14 knows someone from -- Miss Bailey, let me ask

15 you do you know anybody in the Insurance

16 Department?

17 THE WITNESS: No.

18 MR. BLEIL: I'm kind of perplexed here.

19 You said you worked there for seven years and

20 you've given me the name of one other person

21 that works there.

22 MS. PRETE: Who could supply you ample

23 information.

24 MR. BLEIL: That's okay. I'm asking what

25 Miss Bailey knows.


37

1 Do you know anybody else that works at

2 Litton Loan?

3 THE WITNESS: Yes.

4 BY MR. BLEIL:

5 Q. Who?

6 A. I gave you Peter.

7 Q. You don't know Peter's last name though,

8 right?

9 A. John.

10 Q. Do you know John's last name?

11 A. No.

12 Q. Do you know how long you've been working

13 with John?

14 A. I don't work with John. I know he works

15 at Litton.

16 Q. Who else do you know that works at

17 Litton?

18 A. Spencer.

19 Q. Do you know Spencer's last name?

20 A. No, I don't.

21 MS. PRETE: Counselor, I still don't see

22 the relevance to finding out who these people

23 are. And I have an order here saying that we

24 can only limit it to the Affidavit. So if you

25 want me to go ahead and do that, I can do that.


38

1 Right now I'm letting you ask the questions, no

2 problem. But she's already given you a name,

3 she's given you --

4 MR. BLEIL: Counsel, now you're making a

5 statement on the record. So I guess I'll make

6 it, too.

7 I'm a little bit perplexed about how Miss

8 Bailey can work there for seven years and know

9 three people's first names and one person's

10 full name. I don't know. I'm trying to

11 ascertain if she really does work there or not.

12 I'm actually trying to question --

13 MS. PRETE: Counselor, you believe that

14 Miss Bailey does not work at Litton Loans?

15 MR. BLEIL: I don't know. It doesn't

16 seem like she knows a whole lot of people that

17 work there.

18 MS. PRETE: I believe she knows Debra

19 Lyman, who is her manager, if you would like to

20 depose her and ask her certain questions.

21 MR. BLEIL: Maybe I'll do that. But I'm

22 asking Miss Bailey who she knows there.

23 Do you know anybody else there, Miss

24 Bailey, besides the three first names you gave

25 me and Debra Lyman?


39


2 answered.

3 MR. BLEIL: I think I asked her and she

4 said she knew a number of people and we were

5 starting to go through some of them.

6 BY MR. BLEIL:

7 Q. So you know Peter, John and Spencer.

8 Anybody else at Litton Loan?

9 A. No.

10 Q. Do you know how many employees Litton

11 Loan has?

12 A. No, I don't.

13 Q. How many different people do you see a

14 day at Litton Loan?

15 MS. PRETE: Objection. Form.

16 THE WITNESS: That varies.

17 BY MR. BLEIL:

18 Q. Well, what about a thin day how many

19 people do you see?

20 A. I don't know.


22 answered.

23 BY MR. BLEIL:

24 Q. Do you see anybody at Litton Loan?

25 A. I see them corning in and see them going


40

lout.

2 Q. Who else works in your department? I

3 think you mentioned right now you're a foreclosure

4 supervisor, right? Is that your position now?

5 A. Correct.

6 Q. Who do you supervise?

7 A. Vendors.

8 Q. What vendors do you supervise?

9 A. They're off-site.

10 Q. I'm not necessarily asking for their

11 location. What vendors do you supervise?

12 A. Their names?

l3 Q. Yes.

14 A. First American.

15 Q. Any other vendors?

16 A. Fidelity.

17 Q. Anyone besides First American and

18 Fidelity?

19 A. No.

20 Q. So you review complaints for First

21 American?

22 A. For Litton.

23 Q. Do you know if Litton Loan has ever filed

24 any complaints?

25 A. No.


41

1 Q. Because it's usually the ultimate

2 purported holder of the note that files a lawsuit,

3 right?

4 A. Correct.

5 Q. Because Litton just does the servicing

6 end of it?

7 A. Correct.

8 Q. Litton doesn't hold notes, right?

9 A. No.

10 Q. And Litton doesn'~t hold mortgages, do

11 they?

12 A. No.

13 Q. Do you have any idea what MERS does?

14 A. No.

15 Q. Well, what do you do as an assistant

16 secretary for MERS?


18 answered.

19 THE WITNESS: Sign. Execute assignments.

20 BY MR. BLEIL:

21 Q. Do you do anything else?

22 A. No.

23 Q. Do you make the assignments?

24 A. No.

25 Q. Do you know who makes those assignments


42

1 that you sign?

2 A. Yes.

3 Q. Who?

4 A. Our attorneys.

5 Q. That would probably depend on what firm

6 is working that case, right?

7 A. Correct.

8 Q. Have you ever signed an assignment that

9 MERS makes?

10 A. No.

11 Q. Have you ever talked to anybody from

12 MERS?

13 A. No.

14 Q. Did you ever receive any mail from MERS?

15 A. Yes.

16 Q. What do you receive from MERS?

17 A. Recorded documents back in the mail.

18 They get copied.

19 Q. Have you ever been to MERS?

20 A. No.

21 Q. Do you know if there even is a place that

22 MERS is at?

23 A. Yes.


25 A. That's on their address.


43

1 Q. But you've been there?

2 A. I've never been.

3 Q. So you just kind of surmise from the fact

4 that an address is on a piece of paper?

5 A. Yes.

6 Q. Do you know why MERS holds assignments?

7 A. No.

8 Q. Do you know under what authority they

9 hold assignments?

10 A. No.

11 Q. Do you know how MERS holds mortgages?

12 A. No.

13 Q. What do you know about MERS?

14 A. I execute assignments for them.

15 Q. Do you know anything besides that?

16 A. No.

17 Q. Do you know who the president of MERS is?

18 A. No.

19 Q. Do you know any other secretaries of

20 MERS?

21 A. No.

22 Q. Do you know who the treasurer of MERS is?

23 A. No.


25 answered. She does not know anybody else from

VeIitext/FloIida Reporting Co. Serving the State ofFloIida (305) 376-8800

44

1 MERS.

2 BY MR. BLEIL:

3 Q. How did you become an assistant secretary

4 for MERS?

5 MS. PRETE: Asked and answered.

6 Objection.

7 BY MR. BLEIL:

8 Q. You can answer.

9 A. I was assigned.

10 Q. Who assigned that to you?

11 A. That would come from my manager, Debra

12 Lyman.

13 Q. Miss Lyman?

14 A. Yes.

15 Q. Kind of explain to me how that happened?

16 A. I don't know.

17 Q. Well, you wouldn't have approached Miss

18 Lyman, right?

19 MS. PRETE: Objection. Speculation.

20 THE WITNESS: No.

21 BY MR. BLEIL:

22 Q. Well, did you approach Miss Lyman and

23 say: Miss Lyman, I want to be a secretary signing on

24 behalf of MERS?


VeritextlFlmida Reporting Co. Serving the State of Florida (305) 376-8800

45

1 THE WITNESS: No.

2 BY MR. BLEIL:

3 Q. That sounds ridiculous, doesn't it, that

4 you would go and ask Debra about something like that,

5 right?


7 THE WITNESS: Right.

8 BY MR. BLEIL:

9 Q. Do you remember if Debra came to you and

10 said: Hey, Denise


12 Q. Do you remember when she did?

13 A. No, I don't.

14 Q. Do you remember if she did?

15 A. No, I don't.

16 Q. When you made the statement before that

17 Miss Lyman asked you, what did you base that

18 statement on?

19 A. I said the information would have to come

20 from Miss Lyman.

21 Q. What information?

22 A. Why the appointment was made.

23 Q. So Miss Lyman came up to you and said:

24 Hey, Denise, I want you to sign on behalf of MERS

25 signing these assignments, right?

Veritext/Flmida Reporting Co. Serving the State of Florida (305) 376-8800

46


2 MS. PRETE: Objection. Improperly

3 mischaracterizing the witness's earlier

4 testimony.

5 BY MR. BLEIL:

6 Q. Can you give me any explanation about how

7 you carne to be an assistant secretary for MERS with

8 signing authority?


10 answered.

11 THE WITNESS: No.

12 BY MR. BLEIL:

13 Q. Are there any documents you've got with

14 you today that might refresh your memory about how

15 that whole thing transpired?

16 A. No.

17 Q. Do you have any documents back at your

18 office that might shed some light onto how you became

19 an assistant secretary for MERS with signing

20 authority?


22 THE WITNESS: No.

23 BY MR. BLEIL:

24 Q. There are no documents that might refresh

25 your recollection there?


47


2 answered.

3 THE WITNESS: No.

4 BY MR. BLEIL:

5 Q. You mentioned that piece of paper before

6 that gave you that authority, right?

7 A. There's a document.

8 Q. There's a document somewhere, right?

9 A. Yes.

10 Q. Do you remember the last time you saw

11 that document?

12 A. No.

13 Q. Do you know if there was an approval

14 process you had to go through to become a signing

15 officer for MERS?

16 A. I don't know.

17 Q. Well, if there was a process you had to

18 go through, you would probably remember it, right?


20 BY MR. BLEIL:


22 A. Yes.

23 Q. So do you ever remember going to some

24 kind of a training course?

25 A. No.


48

1 Q. Do you ever remember getting any kind of

2 a procedure manual from MERS?

3 A. No.

4 Q. Did you ever end up getting any kind of

5 standard operating policy from MERS?

6 A. No.

7 Q. Do you ever remember getting a contact

8 name for MERS?

9 A. No.

10 Q. I just want to make sure I'm clear. So

11 all your directions, as far as what to do with MERS,

12 carne from Miss Lyman?


14 answered.

15 BY MR. BLEIL:


17 A. Yes.

18 Q. Did you ever ask Miss Lyman why am I

19 signing these?

20 A. No.

21 Q. Did you ever feel the need to?

22 A. No.

23 Q. Has Miss Lyman ever asked you to sign

24 things on behalf of entities besides MERS or Litton

25 Loan?


49

1 A. No.

2 Q. I think you mentioned, too, as a

3 foreclosure supervisor you assign loans to attorneys,

4 right?

5 A. Yes.

6 Q. That was what you mentioned kind of like

7 the letter saying work this file or work this loan,

8 right?

9 A. Yes.

10 Q. Do you know who the records custodian is

11 for Litton Loan?

12 A. No.

13 Q. Are you the records custodian for Litton

14 Loan?

15 A. Yes.

16 Q. SO you do know who the records custodian

17 is?

18 A. Yes. I thought you were talking about an

19 original document. Sorry.

20 Q. So you are the records custodian for

21 Litton Loan?

22 A. Yes.

23 Q. Do you know if there's more than one

24 records custodian?

25 A. I don't know.


50

1 Q. What do you consider to be a records

2 custodian?

3 A. I review the records of the loans that we

4 have in foreclosure.

5 Q. So, in your mind, the person that reviews

6 the records of the loan that you have in foreclosure

7 is the records custodian?

8 A. Yes.

9 Q. Do you have any other understanding of

10 what that word means or that phrase means, records

11 custodian?

12 A. For original documents, yes. There's a

13 custodian for original documents.

14 Q. Are you a custodian of original documents

15 for Litton Loan?

16 A. No.

17 Q. Do you know who that person is?

18 A. No.

19 Q. How do you know one exists?

20 A. They exist.

21 Q. How do you know?

22 A. I work with document custodians,

23 different ones. There are a lot.

24 Q. You mentioned original records custodian,

25 right? Original documents custodian I think is what


51

1 you called it?

2 A. There are original document custodians.

3 Q. Si tting here today can you give me the

4 name of one?

5 A. No.

6 Q. Do you know if it's a man or a woman?

7 A. No.

8 Q. Have you ever seen this original records

9 custodian person?

10 A. No.

11 Q. Miss Bailey, maybe I'm belaboring the

12 question, but how do you know they exist?

13 A. They hold notes.

14 Q. So by the mere fact that notes are held

15 you surmise that there's an original records

16 custodian?

17 A. Yes.

18 Q. But you've never seen this person?

19 A. No.


21 answered.

22 BY MR. BLEIL:

23 Q. Have you ever had to call this person on

24 the phone?

25 A. No.


52

1 Q. You mentioned a directory. Have you seen

2 this person's name in the directory at Litton Loan?

3 A. No.

4 Q. All right. There's an original document

5 custodian.

6 What other kind of custodian would there

7 be?

8 A. I don't know.

9 Q. But you said there were a whole lot a

10 minute ago, right?

11 A. Original document custodian.

12 Q. What other kind of custodian besides

13 original document custodians?

14 A. I don't know.

15 Q. Do you know if any other exists?

16 A. I don't know.

l7 Q. Miss Bailey, do you recognize this

18 document?

19 A. Yes.

20 Q. What is that?

21 A. Affidavit of Indebtedness.

22 Q. I'd like to mark this as Defendant's A.

23 (The document referred to was marked

24 Defendant's Exhibit A for identification, a copy of

25 which is attached hereto.)


53

1 Q. We're looking here at a four-page

2 document, right, Miss Bailey?

3 A. Yes.

4 Q. Is that your signature on not the last

5 page, but, I guess, the last page of the Affidavit?

6 A. Yes.

7 Q. It even has there as an assistant

8 secretary, right?

9 A. Yes.

10 Q. And that's what you meant as an assistant

11 secretary of Litton Loan to sign documents, right?

12 A. Yes.

13 Q. Do you know why you would have to be an

14 assistant secretary at Litton Loan to sign documents?

15 A. No.

16 Q. Did you ever ask anybody why you just

17 couldn't sign as a foreclosure specialist?

18 A. No.

19 Q. The question never crossed your mind?


21 THE WITNESS: No.

22 BY MR. BLEIL:

23 Q. How many Affidavits have you signed or

24 similar ones?

25 A. I don't know.


54

1 Q. Would you say thousands?

2 A. I don't know.

3 Q. Do you sign them regularly?

4 A. Yes.

5 Q. I'm looking at the Affidavit now,

6 Paragraph 1. It says that "Affiant has personal

7 knowledge of the facts and matters recited herein."

8 Do you know who the Affiant is?

9 A. Me.

10 Q. So in this Affidavit it would be

11 reasonable if we substituted your name for everywhere

12 that Affiant was, right?

13 A. I don't know.

14 Q. Well, do you know if this document had

15 any other Affiant besides you?

16 A. I don't know. I signed this one.

17 Q. Right. So in this particular Affidavit

18 would you agree with me that we could substitute your

19 name everywhere that Affiant shows up?

20 A. I don't know.

21 MS. PRETE: Objection. Form. Rephrase

22 the question.

23 BY MR. BLEIL:

24 Q. You're the Affiant in this Affidavit,

25 right?


55

1 A. Yes.

2 Q. Because you signed it?

3 A. Yes.

4 Q. And you understand that Affiant means

5 you, Denise Bailey, right?

6 A. Yes.

7 Q. SO for purposes of this particular

8 assignment, can we substitute your name in for

9 Affiant?

10 A. Don't know if that's legal for this

11 document.

12 Q. I'm not asking you if it's legal.

13 A. I don't know then. I don't know if you

14 can substitute a name, or if you just have to say

15 Affiant.

16 MS. PRETE: Counsel, she's not sure what

17 you're specifically asking.

18 MR. BLEIL: Then, counselor, you're more

19 of a mind reader than I am because I'm not

20 exactly sure how you would know what she

21 doesn't know what I'm asking, unless you got

22 some kind of telepathy with her.

23 BY MR. BLEIL:

24 Q. If you change your name for the word

25 Affiant in this Affidavit, it would have the same


56

1 meaning, right?

2 A. The Affiant for this Affidavit?

3 Q. Yes. Is you, Denise Bailey?

4 A. Right.

5 Q. What did you mean when you said that you

6 have personal knowledge in Paragraph l?

7 A. That I reviewed the facts that are in the

8 Complaint and in this Affidavit.

9 Q. Did you review this Complaint before you

10 signed the Affidavit?

11 A. Yes, I did.

12 Q. Can you tell me a little bit about the

13 Complaint in this case?

14 A. I don't have it in front of me.

15 Q. What documents do you review besides the

16 Complaint?

l7 A. For this Affidavit?

18 Q. Do you review any documents besides the

19 Complaint?

20 A. I review our system, our system of

21 information.

22 Q. What's your system of information; what

23 do you mean by that? What's that?

24 A. Where we store our information about the

25 mortgage.


57

1 Q. Where do you store your information about

2 the mortgage?

3 A. On the computer system.

4 Q. Do you have access to that computer

5 system?

6 A. Yes.

7 Q. What's in that computer system? Did you

8 look at anything in that computer system?

9 A. Yes.

10 Q. What did you look at?

11 A. Mortgagor's name.

12 Q. Where would you get the mortgagor's name

13 from?

14 A. From our system of information.

15 Q. Do you input that information into the

16 system?

17 A. No.

18 Q. Do you know who does?

19 A. No.

20 Q. Do you know if it was anybody from Litton

21 Loans?

22 A. Don't know.

23 Q. Do you know where that person would have

24 gotten that information from to input?

25 A. Don't know.


58

1 Q. I'm looking at Paragraph 3 here of your

2 Affidavit, which is Defendant's Exhibit A. It says

3 "Defendants failed to pay installments due on this

4 Mortgage on June 1, 2008 and all subsequent

5 payments. "

6 Upon what do you base that statement?

7 A. The information we have in our servicing

8 system.

9 Q. Do you know who put that information in?

10 A. No.


12 answered.

l3 MR. BLEIL: I don't think I specifically

14 asked the question of who put that information

15 in.

16 MS. PRETE: The same system.

17 MR. BLEIL: It may be different

18 information somehow so I just need to ask my

19 questions.

20 BY MR. BLEIL:

21 Q. Who is the Plaintiff in this lawsuit?

22 A. U.S. Bank National.

23 Q. You're reading that off the caption of

24 the Affidavit, right?

25 A. Yes.


59

1 Q. There's actually a longer name there,

2 isn't there?

3 A. Yes.

4 Q. Can you read the whole name for me?

5 A. u.s. Bank National Association as

6 Successor to LaSalle Bank National Association, as

7 Trustee for the C-Bass Mortgage Loan Asset-Backed

8 Certificates, Series 2007-CB5.

9 Q. Any idea what that is?

10 A. No.

11 Q. Do you know what u.s. Bank National

12 Association is?

13 A. The Plaintiff.

14 Q. Do you know if they do any kind of

15 business?

16 A. I don't know.

17 Q. Do you know where they have their

18 headquarters?

19 A. No.

20 Q. Do you know anything about u.S. Bank

21 National Association?

22 A. No.

23 Q. Do you know anything about LaSalle Bank

24 National Association?

25 A. No.


60

1 Q. I'm looking here at Paragraph 2, and

2 you've got that exhibit in front of you there. It

3 reads "Affiant by nature of his/her position with the

4 Plaintiff or its agent knows of his/her personal

5 knowledge that the Plaintiff is the owner and holder

6 of the Note and Mortgage described in the Plaintiff's

7 Complaint, and that the information given is

8 contained in original books and records maintained in

9 the office of the Plaintiff."

10 But you don't where that office is, do

11 you?

12 A. No, I don't.

13 Q. Did you ever ask if that office exists?

14 A. No.

15 Q. How do you know that the records are

16 maintained in the office of U.S. Bank National

17 Association as Successor to LaSalle Bank National

18 Association as Trustee for the C-Bass Mortgage Loan

19 Asset-Backed Certificates, Series 2007-CB5?

20 A. It's in our servicing system.

21 Q. Do you work for U.S. Bank National

22 Association?

23 A. No.

24 Q. Did you ever work for U.S. Bank National

25 Association?

VeIitextiFloIida Reporting Co. Serving the State of FloIida (305) 376-8800

61

1 A. No.

2 Q. Do you work for LaSalle Bank?

3 A. No.

4 Q. Have you ever worked for LaSalle Bank?

5 A. No.

6 Q. I'm looking here at the second paragraph

7 again. Generally that first part of the sentence

8 says that you know of your own personal knowledge the

9 Plaintiff is the owner and holder of the Note, right?

10 A. That's what it says.

11 Q. Upon what do you base that statement?

12 A. The information that we have in our

13 servicing system.

14 Q. What information is that?

15 A. It says the Plaintiff is U.S. Bank.

16 Q. How do you get that information out of

17 your system?

18 A. We look it up.

19 Q. Did you do anything independently to

20 verify if that's accurate?

21 A. No. I look it up on the servicing

22 system.

23 Q. How do you know if the servicing system

24 is accurate?

25 A. I don't know.

VeIitextiFloIida Reporting Co. Serving the State of FloIida (305) 376-8800

62

1 Q. So you're relying on the accuracy of that

2 system?

3 A. I am.

4 Q. Did you ever pull any document to see if

5 that's true?

6 A. No.

7 Q. Did you ever ask for any documents to see

8 if that's true?

9 A. No.

10 Q. Do you know if there's a records

11 department at Litton Loan Servicing?

12 A. I don't know.

13 Q. Have you ever asked for any original

14 documents from Litton Loan Servicing?

15 A. No.

16 Q. You mentioned you have an original

17 documents custodian though, right?

18 A. Yes.

19 Q. And you know because you heard of that

20 person but you don't know their name, right?

21 A. Yes.

22 Q. Why did you make the distinction that the

23 Plaintiff is the owner and holder of the Note?

24 A. They hold both.

25 Q. Can you explain to me how the Plaintiff


63

1 is the owner of the Note?

2 A. No, I can't.


4 is the holder of the Note?

5 A. No, I can't.


7 is the owner of the Mortgage?

8 A. No, I can't.


10 is the holder of the Mortgage?

11 A. No, I can't.

12 Q. How do you know that statement is true

13 then?

14 A. It's shown in our servicing system.

15 Q. But you can't explain to me how that

16 happens, right?

l7 A. No, I can't.

18 Q. The last part of that sentence in number

19 2 -- actually, the last sentence in number 2 it reads

20 "Affiant is competent to testify to all matters

21 stated herein and this Affidavit is made on personal

22 knowledge of the Affiant."

23 What did you mean when you said personal

24 knowledge?

25 A. What I know.


64

1 Q. But you don't know how the Plaintiff is

2 the holder or the owner of the Note, do you?

3 A. No.

4 Q. So you don't know if that's true?

5 A. I know what's in our servicing system.

6 Q. Right. But how do you know that it's

7 true if it's in the servicing system?

8 A. I don't know.

9 Q. I'm looking at number 3. The sentence

10 starts out "Defendants failed to pay the installments

11 due on this Mortgage on June 1 and all subsequent

12 payments."

13 -Do you know who the Defendants are in

14 this case?

15 A. All those named in the Affidavit.

16 Q. And you're pointing to the top?

17 A. To the Defendants.

18 Q. The top above where it indicates the

19 Defendants, right?

20 A. Yes.

21 Q. Can you describe to me what a Plaintiff

22 is?

23 A. The one who is filling out this Affidavit

24 of Indebtedness, the Note holder.

25 Q. I thought you signed this Affidavit,


65

1 right?

2 A. I signed the Affidavit.

3 Q. SO you, as U.S. Bank National

4 Association. Did they fill it out?

5 A. No, they did not.

6 Q. Do you know who generated this document?

7 A. Our attorney.

B Q. How do you know that the Defendants

9 failed to pay an installment due on June 1, 'DB?

10 A. It shows in our servicing system.

11 Q. What did you look at to gain that

12 information?

13 A. Due date, last paid installment.

14 Q. Where do you get that off your system, is

15 there a particular place you go to?

16 A. No, it just says due date. It shows the

17 due date.

lB Q. Now, when you're talking about looking at

19 your system, it's a computer screen or something,

20 right?

21 A. Yes.

22 Q. Do you know what program is used to keep

23 that information?

24 A. No, I don't know the name of the program.

25 Q. Is it like a Windows-based program?


66

1 A. I wouldn't know that.

2 Q. Do you know where that information is

3 stored?

4 A. I do.

5 Q. Where?

6 A. In the system. It's stored in the system

7 and it's visible in the system.

8 Q. Is it stored on the site of Litton Loan?

9 A. I don't know.

10 Q. Do you know who has access to that

11 system?

12 A. No, I don't.

13 Q. You have access to it, right?

14 A. I do.

15 Q. Do you know if your supervisor does?

16 A. I don't know.

17 Q. It talks here in the second sentence in

18 number 3 that "Plaintiff has accelerated the

19 principal balance of said Note and Mortgage in the

20 amount set forth below, plus interest."

21 What did you mean by the word

22 accelerated?

23 A. Filed a Complaint.

24 Q. So, in your mind, filing a Complaint is

25 accelerating?


67

1 A. Yes.

2 Q. I think you already said that U.S. Bank

3 National Association is the Plaintiff in this action,

4 right?

5 A. Yes.

6 Q. Just like we exchanged your name for the

7 name of the Affiant, do you know any reason why we

8 couldn't put U.S. Bank National Association's name

9 everywhere where it says Plaintiff?

10 A. No.

11 Q. I figure one of the reasons they might

12 have done that is so that you don't have to rewrite

13 that big sentence with that big phrase every time,

14 right?

15 A. I don't know.

16 Q. But you know that in this Affidavit when

17 it's talking about the Plaintiff it means U.S. Bank

18 National Association, right?

19 A. Yes.

20 Q. How do you know that the Plaintiff has

21 agreed to pay its attorneys a reasonable attorney's

22 fee?

23 A. It shows on our system.

24 Q. What shows?

25 A. That they are the Plaintiff and our


68

1 Plaintiffs do agree to pay any attorney's fees.


3 A. On the information we have in our system.

4 Q. Anything else outside that system?

5 A. No.

6 Q. Have you ever seen a Retainer Agreement?

7 A. No, I have not.

8 Q. You mentioned earlier that one of the

9 things you do is assign loans to attorneys?

10 A. Yes.

11 Q. Did you ever see any piece of paper that

12 said that Butler and Hosch was going to be assigned

13 this particular case by u.s. Bank National

14 Association?

15 A. No.

16 Q. Do you know how Litton Loan would have

17 assigned an attorney on behalf of U.S. Bank National

18 Association?

19 A. No.

20 Q. Because you'll agree with me that u.s.

21 Bank is separate than Litton Loan, right?

22 A. Yes.

23 Q. They're not one and the same?

24 A. No.

25 Q. We couldn't exchange Litton Loan's name

Veri text/Florida Reporting Co. Serving the State of Florida (305) 376-8800

69

1 for the Plaintiff in this Affidavit, could we?

2 A. No.

3 Q. And that's because Litton Loan is not the

4 Plaintiff, right?

5 A. That's correct.

6 Q. In Paragraph number 4 here -- if you flip

7 that page, you'll see where I'm looking at. Number 4

8 it says that "Each and every allegation contained in

9 the Complaint to Foreclose Mortgage are true."

10 What is an allegation?

11 A. Each of the points that we've made in the

12 Complaint.

13 Q. Is true?

14 A. I'm testifying that it's true.

15 Q. And you know this of your own personal

16 knowledge like it said in the Affidavit, right?

17 A. Yes.

18 MS. PARSONS: Before we get to the next

19 question could we have a small break?

20 MR. BLEIL: Sure.



23 BY MR. BLEIL:

24 Q. Miss Bailey, what is jurisdiction?

25 MS. PRETE: Objection. Legal conclusion.


70

1 THE WITNESS: I'm not prepared to give a

2 definition.

3 BY MR. BLEIL:

4 Q. Do you know what jurisdiction is?


6 conclusion.

7 THE WITNESS: I'm not prepared to give a

8 definition.

9 BY MR. BLEIL:

10 Q. What would prepare you to give a

11 definition?

12 A. Look it up in the dictionary.

l3 Q. Have you ever looked up what jurisdiction

14 means in a dictionary?

15 A. No.

16 Q. Do you know what jurisdiction means?

17 A. But I'm not prepared to give a definition

18 of it.

19 Q. I understand you might not be prepared to

20 give a definition, but have you heard the word

21 before?

22 A. Yes, I have.

23 Q. Where have you heard it?

24 A. In different documents.

25 Q. What kind of documents?


71

1 A. In legal documents.

2 Q. Just to clarify, you've probably seen the

3 word in different documents because documents don't

4 talk, right?

5 A. I'm sure I have.

6 Q. So you're sure you've seen it in

7 documents?

8 A. Yes.

9 Q. Sitting here today can you give me your

10 idea of what it is?

11 A. No, I'm not prepared to give the

12 definition of it.

13 Q. What does it mean to you?

14 A. I'm just not prepared to give the

15 definition of it.

16 Q. I'm not asking you for a definition. I

17 mean, I'm not asking for Webster's Law Dictionary.

18 What does the word mean to you?

19 A. I'm just not prepared to give that

20 definition.


22 BY MR. BLEIL:

23 Q. But you've heard the word?

24 A. I have.

25 Q. But you can't give me a layman's


72

1 definition of what jurisdiction is?


3 answered.

4 THE WITNESS: No.

5 BY MR. BLEIL:

6 Q. Do you know what a Circuit Court is?


8 conclusion.

9 THE WITNESS: No.

10 BY MR. BLEIL:

11 Q. Have you heard of that word before?

12 A. I have.

13 Q. Do you have any idea of what a Circuit

14 Court is?

15 A. It's a court.

16 Q. Do you know why the word circuit would be

17 used to describe it?


19 conclusion.

20 THE WITNESS: No, I don't.

21 BY MR. BLEIL:

22 Q. Do you know what a Promissory Note is?


24 conclusion.

25 BY MR. BLEIL:


73

1 Q. You can answer the question.

2 A. Yes, I know what a Note is.

3 Q. What's a Note?

4 A. It shows that someone owes money.

5 Q. What's a Promissory Note?

6 A. I don't know.

7 Q. You don't know what a Promissory Note is?

8 A. No.

9 Q. Do you know what an original mortgagor

10 is?


12 conclusion.

13 THE WITNESS: I know what a mortgagor is.

14 BY MR. BLEIL:

15 Q. Tell me what a mortgagor is then?

16 A. Someone who owes money. Has a mortgage,

17 owes a mortgage.

18 Q. SO a mortgagor is someone that owes a

19 mortgage or

20 A. Has a mortgage. Has a horne that's

21 mortgaged.

22 Q. So would it be fair to say that someone

23 that owns a house and has a mortgage they're a

24 mortgagor?

25 MS. PRETE: Objection. Improperly


74

1 characterizing witness's earlier testimony.

2 BY MR. BLEIL:

3 Q. Maybe we can just cut it real simple.

4 What is a mortgagor?

5 A. Has a mortgage. A person with a

6 mortgage.

7 Q. So the mortgagor is the person with the

8 mortgage?

9 A. Yes.

10 Q. So you would agree with me then that if

11 someone owned a home, and they had a mortgage on the

12 house, would they be the mortgagor?

13 A. Yes.

14 Q. Do you know what a mortgagee is?

15 A. No.

16 Q. Have you ever heard of that word before?

17 A. Yes.

18 Q. Sitting here today you can't give me an

19 idea of what a mortgagee is?

20 A. I can't give you a definition.

21 Q. I don't need a definition. What does it

22 mean to you?


24 THE WITNESS: I can't give you a

25 definition. We hire attorneys for that.


75

1 BY MR. BLEIL:

2 Q. I don't want a definition, Miss Bailey.

3 Sitting here today do you have any idea what a

4 mortgagee is?

5 A. I don't want to guess so I'm not giving a

6 definition.

7 Q. So you don't know what it means to you

8 today sitting here?

9 A. No, I don't.

10 Q. Do you know what it means to record

11 something?

12 A. Make a record of it.

13 Q. Do you know what kind of a system Florida

14 uses for recording?

15 A. No.


17 conclusion.

18 BY MR. BLEIL:

19 Q. Do you know if they use a line and page?

20 A. I don't.

21 Q. Do you know if they use a book and page?


23 answered.

24 THE WITNESS: I don't.

25 BY MR. BLEIL:


76

1 Q. You don't know anything about recording

2 in the State of Florida?

3 A. No, I do not.

4 Q. Do you know what a constructive holder of

5 a Promissory Note is?


7 conclusion.

8 THE WITNESS: No, I do not.

9 BY MR. BLEIL:

10 Q. Do you know what a constructive holder of

11 a mortgage is?


13 conclusion.

14 THE WITNESS: No.

15 BY MR. BLEIL:

16 Q. I think we asked before, but do you know

17 what an owner of a Promissory Note is?

18 MS. PRETE: The same objection.

19 THE WITNESS: No.

20 BY MR. BLEIL:

21 Q. Do you know what conditions precedent

22 are?


24 conclusion.

25 THE WITNESS: No.


77

1 BY MR. BLEIL:

2 Q. Do you know what any conditions precedent

3 the Plaintiff would have to comply with before

4 pursuing the right to foreclose?


6 conclusion.

7 THE WITNESS: No.

8 BY MR. BLEIL:

9 Q. Do you know what a Receiver is?


11 conclusion.

12 THE WITNESS: No.

13 BY MR. BLEIL:

14 Q. Do you know what a receivership is?


16 conclusion.

17 THE WITNESS: No.

18 BY MR. BLEIL:

19 Q. Do you know what Rule 1.620(a) of the

20 Florida Rules of Civil Procedure is?


22 conclusion.

23 THE WITNESS: No.

24 BY MR. BLEIL:

25 Q. Do you know what Rule 1.610 of the


78



3 conclusion.

4 THE WITNESS: No.

5 BY MR. BLEIL:

6 Q Do you know what Rule 1.620 of the



9 conclusion.

10 THE WITNESS: No.

11 BY MR. BLEIL:

12 Q. Do you know why a spouse might claim an

13 interest in a property?


15 THE WITNESS: No.

16 BY MR. BLEIL:

17 Q. I think I already asked, but do you have

18 any idea what jurisdiction is?


20 answered.

21 THE WITNESS: No.

22 BY MR. BLEIL:

23 Q. Do you know what Florida Statute Chapter

24 71 pertains to?



79

1 conclusion.

2 THE WITNESS: No.

3 BY MR. BLEIL:

4 Q. Do you know what Florida Statute 673.3091

5 stands for?


7 conclusion.

8 THE WITNESS: No.

9 BY MR. BLEIL:

10 Q. Have you ever looked at that chapter of

11 the Florida statutes?

12 A. No.

13 Q. Have you ever read them?

14 A. No.

15 Q. Do you remember what the title is?

16 A. No.

17 Q. Do you know if it even has a title?

18 A. No.

19 Q. Did you ever read 673.3091?

20 A. No.

21 Q. Do you know the requirements or the

22 points you have to meet to reestablish a Lost Note in

23 the State of Florida?


25 conclusion.


80

1 THE WITNESS: No.

2 BY MR. BLEIL:

3 Q. Do you know if there was a Lost Note

4 count filed in this particular lawsuit?

5 A. I don't know.

6 Q. But you said you looked at this Complaint

7 when you signed the Affidavit, right?

8 A. I did.

9 Q. But sitting here today, of your own

10 recollection, you don't remember whether there's a

11 Lost Note count, right?


13 THE WITNESS: I don't remember.

14 MR. BLEIL: I'd like to mark this as

15 Exhibit B to the deposition.

16 (The document referred to was marked

17 Defendant's Exhibit B for identification, a copy of

18 which is attached hereto.)

19 BY MR. BLEIL:

20 Q. Miss Bailey, do you recognize this

21 document that we just marked as Defendant's Exhibit

22 B?

23 A. Yes.

24 Q. Can you tell me what that is?

25 A. It's the Complaint to Foreclose.


81


2 A. It says Complaint to Foreclose.

3 Q. Do you know if this is the Complaint of

4 the lawsuit that we're here for today?

5 A. It appears to be.

6 Q. What do you base that statement on?

7 A. I've seen it before.

8 Q. Where have you seen it?

9 A. In my office.

10 Q. SO you looked at a copy of this, a

11 similar document. It might not have had the stamp on

12 there 13, but you looked at this document in this

13 form in your office?

14 A. It appears to be.

15 Q. Do you remember when you did that?

16 A. No.

17 Q. Do you know if it was any time this year?

18 A. Don't know the date.

19 Q. How do you know you looked at it then?

20 A. Because I signed the Affidavit.

21 Q. How many Affidavits do you sign a day?

22 A. I don't know.

23 Q. Do you sign a hundred a day?

24 A. I don't know the number.

25 Q. So it could be 200 a day?


82


2 THE WITNESS: I don't know.

3 BY MR. BLEIL:

4 Q. It could be a hundred a day?


6 THE WITNESS: It could be. I don't know.

7 BY MR. BLEIL:

8 Q. You don't have any idea?

9 A. No.

10 Q. Do you track them in the office for

11 statistical purposes?

12 A. I don't know.

13 Q. You know the internal workings of Litton

14 Loan pretty well after working there for seven years,

15 right?

16 MS. PRETE: Objection. Form,

17 speculation.

18 THE WITNESS: No.

19 BY MR. BLEIL:

20 Q. You know your job functions pretty well

21 as a foreclosure specialist because you've been doing

22 it for a while, right?


24 THE WITNESS: Yes.

25 BY MR. BLEIL:


83

1 Q. You wouldn't be expected to know

2 everybody's job there, right?

3 A. Right.

4 Q. If Debra asked you to find out all the

5 Affidavits you signed in the past year, is there a

6 way you coordinate that in your system?

7 A. I don't know.

8 Q. Do you think Debra might know the answer

9 to that?



12 BY MR. BLEIL:

l3 Q. You don't know the answer, but can you

14 think of anybody at Litton Loan that might be able to

15 figure out how many affidavits you signed in the past

16 year?

17 A. I don't know.

18 Q. Do you have an IT Department there?

19 A. Yes, we do.


21 A. It's in the directory.

22 Q. What else is in the directory?


24 Q. Well, we talked about the Tax Department,

25 right?


84

1 A. Yes.

2 Q. And the Insurance Department, right?

3 A. Yes.

4 Q. And the IT Department?

5 A. Yes.

6 Q. Anything else you remember seeing in that

7 directory?

8 A. I don't know.

9 Q. You don't know if you remember seeing

10 anything, or you don't know if there's any other

11 departments in that directory?

12 A. I don't know.

13 Q. When's the last time you saw that

14 directory?

15 A. I don't know.

16 Q. Was it last week?

17 A. I don't know.

18 Q. I want you to look at this Complaint here

19 that we've got marked as Exhibit B, Miss Bailey.

20 Right below where it says Defendants it says

21 Complaint To Foreclose Mortgage And Reestablish Note

22 and Mortgage, right?

23 A. Yes.

24 Q. What does it mean to reestablish?



85

1 conclusion.


3 BY MR. BLEIL:

4 Q. Then right below there it's got Count I.

5 What is a count?

6 A. I don't know.


8 conclusion.

9 BY MR. BLEIL:

10 Q. I think you said before that the

11 Complaint was like a lawsuit, right?

12 A. I believe I said that.

13 Q. Any idea of why in that paragraph that

14 starts Comes Now any idea why unknown spouse of Joyce

15 Austin is listed there?


17 conclusion.


19 BY MR. BLEIL:

20 Q. Do you know if Joyce Austin has a spouse?

21 A. I don't know.

22 Q. Any idea why the unknown tenant is listed

23 there?


25 conclusion.


86


2 BY MR. BLEIL:

3 Q. Do you know if that unknown tenant has to

4 be in the lawsuit?


6 conclusion.


8 BY MR. BLEIL:

9 Q. Do you know why Mortgage Electronic

10 Registration Systems, Inc., is listed here?


12 conclusion.


14 BY MR. BLEIL:

15 Q. We talked earlier about Mortgage

16 Electronic Registration System, Inc. We called that

17 entity MERS, right?

18 A. Correct.

19 Q. And MERS is the person or the entity that

20 you signed those assignments on behalf of, right, as

21 the secretary?

22 A. Yes.

23 Q. Did you ever ask your supervisor, Debra,

24 when you were looking at this Complaint: Debra, why

25 is MERS here?


87

1 A. No.

2 Q. Didn't that raise a red flag?

3 A. No.

4 Q. Did you think that the Plaintiff here

5 might be trying to sue MERS?



8 BY MR. BLEIL:

9 Q. Do you have any idea why MERS is listed

10 there?

11 A. No.

12 Q. And that didn't peak your interest at all

13 when you looked at this Affidavit?


15 BY MR. BLEIL:

16 Q. When you looked at this Complaint?

17 A. No.

18 Q. Have you seen any other Complaints that

19 have MERS in them?

20 A. I'm sure.

21 Q. How do you know you're sure?

22 A. I'm guessing that there are.

23 Q. So you're guessing. You don't know if

24 you've seen that?

25 A. I don't know.

VelitextIFlorida Reporting Co. Serving the State of Florida (305) 376-8800

88

1 Q. Reading down here a little bit farther

2 what is a devisee?


4 conclusion.


6 BY MR. BLEIL:

7 Q. Do you know what a grantee is?


9 conclusion.

10 THE WITNESS: I don't.

11 BY MR. BLEIL:

12 Q. I'm looking here at that first paragraph.

13 Any idea what that means?


15 MR. BLEIL: I'm sorry. Miss Bailey, you

16 know what, I'm looking here and it looks like

17 there's some like blue pen marking on this in

18 Paragraph 2. I don't think it really would

19 make a big difference, but I'd like to

20 substitute this other one. I don't think this

21 one has got any markings on it. It will give

22 us a clean copy to work with.

23 Do you have any problem with that?

24 MS. PRETE: That's fine.

25 BY MR. BLEIL:


89

1 Q. Miss Bailey, I didn't mean to grab it out

2 from underneath, but you're looking at something on

3 the second page there. Well, I'm going to go back to

4 that first page and draw your attention back to

5 Paragraph 1 for a minute. It's got a number 1 there

6 and then it says Jurisdiction Of The Court. Do you

7 see where I'm at?

8 A. Yes.

9 Q. And then there's a sentence there that

10 reads "This is an action to foreclose a mortgage real

11 property and therefore the Circuit Courts of Florida

12 have jurisdiction."

13 How do you know that statement is true?

14 A. I don't know.

15 Q. Did you know if that statement was true

16 when you signed your Affidavit?



19 BY MR. BLEIL:

20 Q. Do you know if that statement is true

21 today?


23 THE WITNESS: Could you rephrase that?

24 BY MR. BLEIL:

25 Q. Yes. It says here in Paragraph 1 that

VeritextiFlorida RepOliing Co. Serving the State of Florida (305) 376-8800

90

1 "This is an action to foreclose a mortgage on real

2 property and therefore the Circuit Courts of Florida

3 have jurisdiction."


5 A. I don't know.


7 MR. BLEIL: What's the objection,

8 counsel?

9 MS. PRETE: She is not the drafter of

10 this Complaint.

11 BY MR. BLEIL:

12 Q. Counsel makes an interesting issue

13 because maybe I need to jump back to the Affidavit.

14 You didn't put these words on the paper,

15 did you, Miss Bailey?

16 A. No.

17 Q. You didn't draft this Affidavit that was

18 marked as Defendant's Exhibit A, did you?

19 A. No.

20 Q. But you kind of adopted it as your own,

21 for lack of a better phrase, right?



24 BY MR. BLEIL:

25 Q. Well, you didn't draft it, right?


91

1 A. No.

2 Q. But you know who did?

3 A. No.

4 Q. Did you ever ask your supervisor where

5 did this thing come from and you want me to sign it?

6 A. No.

7 Q. Did you ever ask where these Affidavits

8 come from on any of your cases that you sign them

9 for?

10 A. I know where they come from, the law

11 firm.

12 Q. So you do know where they come from?

13 A. Yes.

14 Q. So would it be fair to say that this

15 particular Affidavit marked as Exhibit A that was

16 drafted by a lawyer somewhere, right?

17 A. I don't know.

18 Q. You don't know. But you just said you

19 know that they come from lawyer's offices?

20 A. From the office, yes.


22 A. It comes to us from the law firms.

23 Q. How do they come to you from the law

24 firm?

25 A. In the form of an image. A document.


92

1 Q. So it's something on your computer

2 screen?

3 A. Yes.

4 Q. You didn't draft this lawsuit here marked

5 as Exhibit B, did you?

6 A. No.

7 Q. Do you have any idea who drafted that?

8 A. A law firm.


10 A. The document comes from the law firm.

11 Q. Does it come in an electronic image just

12 like the Affidavit does?

13 -A. Yes.

14 Q. So explain to me how you looked at this

15 document if it wasn't on a paper form?

16 A. It was on paper printed.

17 Q. SO the image came to you in an electronic

18 version, right?

19 A. Yes.

20 Q. Through the computer system?

21 A. Yes.

22 Q. And then you went through that effort of

23 printing it out?

24 A. It's printed.

25 Q. It's already printed for you?


1 A. Yes.

2 Q. I want to look at the second paragraph

3 here in the lawsuit. I'll flip it to the second page

4 so you can follow with me. In bold up there it says

5 "Execution of Note and Mortgage and Creation of

6 Lien."

7 Do you know what a lien is?


9 conclusion.

10 THE WITNESS: No.

11 BY MR. BLEIL:

12 Q. Do you know if a mortgage can be

13 ,considered a lien?

14 A. I don't know.

15 Q. Do you know if a mortgage could be a type

16 of a lien?

17 A. I don't know.

18 Q. Because you don't know what a lien is,

19 right?


21 THE WITNESS: Don't know.

22 BY MR. BLEIL:

23 Q.

24 A.

25 Q.

You don't know what it is?

No.

Well, the paragraph there under number 2

VeritextiFlorida Reporting Co, Serving the State of Florida (305) 376-8800

93

94

1 it kind of reads or does read "On or about November

2 3D, 2006 a Promissory Note was executed and delivered

3 in favor of Plaintiff, or Plaintiff's assignor, in

4 the original principal amount of $292,800.00."

5 Do you see where I'm reading?

6 A. Yes.



9 Q. But you don't know what a Promissory Note

10 is, right?

11 A. No.

12 Q. Can you tell me how that Note was

13 executed?

14 A. No.

15 Q. Can you tell me how that Note was

16 delivered?

17 A. No.

18 Q. How do you know that it's true?

19 A. I know the information is true from our


21 Q. You've been in the mortgage biz for what,

22 about thirty years now, right?

23 A. Yes.

24 Q. Have you ever been to a closing?

25 A. No.


95

1 Q. Do you own a house?

2 A. Yes.

3 Q. Did you go to the closing on your house?

4 A. Yes.

5 Q. Did you execute a Note at that closing?

6 A. Yes.

7 Q. You went to the closing on November 30,

8 2006 in this case?

9 A. Pardon me? Say that again.

10 Q. Were you at the closing on November 30,

11 2006 on this?

12 A. No.

13 Q. That's kind of a foolish question, right?

14 A. Yes.

15 Q. You're probably in Texas doing something

16 at Litton Loan, right?

17 A. Yes.

18 Q. You weren't here in Broward County on

19 November 30 in 2006 when someone signed this Note,

20 right?

21 A. No.

22 Q. So you're relying on that statement you

23 made here because you looked at the computer screen,

24 right?

25 A. Yes.


96

1 Q. Did you look at the Note when you signed

2 this Affidavit?

3 A. No.

4 Q. How do you know it was for $292,800?

5 A. It's in our system that it is.

6 Q. And that's the computer system we've been

7 talking a lot about today, right?

8 A. Yes.

9 Q. The next sentence reads "To secure

10 payment of said Note, the original mortgagors, then

11 being the owners of record, executed and delivered a

12 Mortgage which is attached as Exhibit A."



15 Q. But you didn't see Miss Austin sign the

16 Note, did you?

17 A. No.

18 Q. Back to that first sentence, the second

19 line down. Do you have any idea why it would say

20 Plaintiff or Plaintiff's Assignor?

21 A. I don't know.

22 Q. Do you know what Plaintiff's Assignor

23 means?

24 MS. PRETE: Objection. Calls for legal

25 objection.


97

1 THE WITNESS: No.

2 BY MR. BLEIL:

3 Q. Do you know what an assignor is?


5 THE WITNESS: No.

6 BY MR. BLEIL:

7 Q. Do you know if Miss Austin can be an

8 assignor?

9 A. I don't know.

10 Q. Can you use the word assignor in a

11 sentence?

12 A. No.


14 BY MR. BLEIL:

15 Q. Do you know what part of speech it is?


17 THE WITNESS: No.

18 BY MR. BLEIL:

19 Q. It also says in that second sentence in

20 Paragraph 2 that " .. . then being the owners of

21 record."

22 Do you think that refers to the

23 Defendants?




98

1 BY MR. BLEIL:

2 Q. Do you have any idea who that refers to?

3 A. No, I do not.

4 Q. Do you know what it means to be an owner

5 of record?


7 conclusion.

8 THE WITNESS: No.

9 BY MR. BLEIL:

10 Q. Do you know if Miss Austin is the owner

11 of record in this case?

12 A. She's who we show on our servicing

13 system.

14 Q. Do you know if she was the owner whenever

15 you signed your Affidavit?


17 THE WITNESS: I believe she was.

18 BY MR. BLEIL:

19 Q. Upon what do you base that belief?

20 A. Our servicing system.

21 Q. The servicing system is pretty important,

22 isn't it?

23 A. Yes.

24 Q. Well, under 2 there it reads to say "It

25 was recorded in Official Records Book 43243, Page


99

1 568, Public Records of Broward County, Florida."


3 A. We have that information in our servicing

4 system.

5 Q. Where would you get that information from

6 the servicing system?

7 A. It's shown in the servicing system.

8 Q. Let's say that you wanted to see Miss

9 Austin's records in the servicing system. Kind of

10 walk me through it step by step. You would sit down

11 at your desk and you would?

12 A. Put in the loan number.

13 Q. So you manually input a loan number into

14 a data field?

15 A. Yes.

16 Q. How do you know what the loan number is?

17 A. We can look it up.

18 Q. Let's say you're sitting at your computer

19 desk today. If you had to find Miss Austin's loan

20 number, how would you find that loan number to put it

21 in?

22 A. Look it up.

23 Q. What would you do to look it up?

24 A. The name and property address.

25 Q. What would you do to find the name and


100

1 property address?

2 A. Put in the name and put in the property

3 address.

4 Q. So you put the name and property address

5 into a data field?

6 A. Correct.

7 Q. And then you can find a correlating loan

8 number?

9 A. Correct.

10 Q. Do you know if the loan number is the

11 same as the MIN number?

12 A. I don't know.

13 Q. Do you know what a MIN number is?

14 A. No.

15 Q. Have you ever heard of that phrase

16 before?

17 A. I've heard it.

18 Q. Where have you heard it?


20 Q. Do you remember when?

21 A. No.

22 Q. Do you remember where?

23 A. No.

24 Q. Do you remember if it was at work?

25 A. Yes.


101

1 Q. It was at work. Did you ever look at the

2 public records of Broward County, Florida, to

3 ascertain if this mortgage was recorded there?

4 A. No.

5 Q. How do you know that's true?


7 Q. That last sentence or another sentence

8 there reads in Paragraph 2 "It encumbers the real and

9 personal property and fixtures described therein."

10 In that sentence, what does it mean to

11 encumber?


13 conclusion.


15 BY MR. BLEIL:

16 Q. Have you ever heard of that word before?

17 A. I don't know.

18 Q. You don't know if you've heard of it?

19 A. No, I don't know.

20 Q. Is today the first time you've heard that

21 word?

22 A. I don't know.

23 Q. Could you use encumber in a sentence?

24 A. No.

25 Q. In this sentence what are fixtures?

VeritextiF10lida Reporting Co. Serving the State of Florida (305) 376-8800

102


2 conclusion.


4 BY MR. BLEIL:

5 Q. In this sentence what's personal

6 property?

7 A. I don't know.

8 Q. How do you know that it encumbers the

9 real and personal property and fixtures described

10 therein?

11 A. It shows in our servicing system.

12 Q. Where would you look at in your servicing

13 system to see if it encumbers the real and personal

14 property and fixtures described therein?

15 A. In the servicing system.

16 Q. Is it possible that maybe a mortgage

17 could just encumber the real property?

18 A. I don't know.

19 Q. Have you ever seen a Complaint where it

20 just encumbered the real property?

21 A. I don't know.

22 Q. How many Complaints have you looked at?

23 A. I don't know.

24 Q. A thousand?

25 A. I don't know.


103

1 Q. So it could have been a thousand

2 Complaints you've looked at?

3 A. I don't know.

4 Q. Do you know anybody else that signs

5 Affidavits at Litton Loans, Affidavits of

6 Indebtedness?

7 A. I don't know.

8 Q. Do you have someone that works in a

9 cubicle or in an area next to you?

10 A. I don't know.

11 Q. Do you have an office?

12 A. Yes.

13 Q. So you have an office with a door?

14 A. Yes.

15 Q. Do you know whose in the office next to

16 you?

17 A. No.

18 Q. Do you know if there's anybody next to

19 you?

20 A. No, there's not.

21 Q. So you've got an isolated office on your

22 own?

23 A. Yes.

24 Q. And no one works beside you?

25 A. No.


104

1 Q. Explain to me how that works because I'm

2 trying to figure out how you can work in an office

3 but not have anybody next to you.


5 THE WITNESS: I'm at the end in a corner.

6 BY MR. BLEIL:

7 Q. Are there other people out in the open

8 floor?

9 A. No.

10 Q. Are there other offices on your floor?

11 A. Yes.

12 Q. Are there offices like in your little

13 department or division?

14 A. Yes.

15 Q. Any idea what those people in those other

16 offices do?

17 A. No.

18 Q. Do you have lunch on-site?

19 A. No.

20 Q. Do you have a kitchen there at Litton

21 Loans?

22 A. Yes.

23 Q. Do they have a break room?

24 A. Yes.

25 Q. Do they have birthday party celebrations


105

1 at Litton Loans?


3 MS. PARSONS: Relevance.

4 THE WITNESS: No.

5 BY MR. BLEIL:

6 Q. Do you punch a time clock at Litton

7 Loans?

8 A. No.

9 Q. Do you get paid hourly at Litton Loans?


11 THE WITNESS: No.

12 BY MR. BLEIL:

13 Q. So you're a salaried employee?

14 A. Yes.


16 MR. BLEIL: The relevance is, counselor,

17 that Miss Bailey doesn't seem to know anybody

18 else that works at Litton Loans. I'm trying to

19 figure out if anybody else does. I mean, she

20 doesn't know anybody there.

21 MS. PRETE: Counselor, I don't think

22 you're really interested if anybody else works

23 there.

24 Miss Bailey is the Affiant for this case.

25 So she's here being deposed based on her


106

1 knowledge of this Affidavit. So you should be

2 asking her the questions that are based on her

3 Affidavit .

4 MR. BLEIL: Counsel, thanks for the

5 instruction. But, you know, when you take a

6 deposition you can run it how you like. I'm

7 trying to figure out if anybody else works

8 there besides Miss Bailey and her boss and the

9 three gentlemen with the first names.

10 MS. PRETE: I don't really think you're

11 trying to find out if anybody else works there.

12 BY MR. BLEIL:

13 . Q. Miss Bailey, Litton Loans, are they in

14 their own building or they have office space in a

15 building?

16 A. I don't know.


18 BY MR. BLEIL:

19 Q. Well, when you go into work do you take

20 an elevator?

21 A. Yes.

22 Q. So they're in a building that has

23 multiple floors in it?

24 A. Yes.

25 Q. Do you know if Litton Loan has offices on


107

1 more than one floor in that building?

2 A. Yes.



5 THE WITNESS: I've been to other floors.

6 MS. PRETE: Counsel, where are we going

7 with these questions? If there's elevators, if

8 she takes the elevator and there's different

9 floors, where are we going?

10 MR. BLEIL: Okay.

11 BY MR. BLEIL:

12 Q. Do you ever see any other people in the

13 elevator at Litton Loans?

14 A. I don't know.

15 Q. Well, you were there last week working,

16 right?

17 A. Yes.

18 Q. Particularly on Friday because you said

19 you signed an Affidavit for MERS at Litton Loans last

20 Friday?

21 A. Yes.

22 Q. SO let's focus in on last Friday. Did

23 you ride the elevator last Friday?

24 A. Yes.

25 MS. PRETE: Objection. Relevance. Do


108

1 you have a specific person in mind that you're

2 asking her about?

3 MR. BLEIL: I'd be happy if Miss Bailey

4 knew anybody. I think she does an awful lot

5 there. I don't think she knows anybody at

6 Litton Loans.

7 MS. PRETE: For what purpose?

8 MR. BLEIL: I'm allowed to ask anything

9 that's reasonably calculated to lead to

10 admissible evidence.

11 MS. PRETE: I understand that. But I

12 feel at this point it's a little harassing

13 asking her a thousand questions about people

14 that work there.

15 MR. BLEIL: Counsel, the record is going

16 to show that Miss Bailey doesn't know much of

17 anything in this deposition. I'm trying to get

18 something of substance. I'm trying to figure

19 out a way to figure out what she knows.

20 MS. PRETE: Riding an elevator with other

21 people isn't going to bring substance to this

22 case.

23 BY MR. BLEIL:

24 Q. Miss Bailey, let's go back to the

25 directory. You mentioned that directory, right? Do


109

1 you remember that directory we were talking about?

2 You talked about the Tax Department, the Insurance

3 Department.

4 A. Yes.

5 Q. Is that directory on one page of paper?



8 BY MR. BLEIL:

9 Q. Is it a book?


11 THE WITNESS: No.

12 BY MR. BLEIL:

13 Q. What kind of a document is it then?

14 A. It's on paper.

15 Q. How big of a paper?

16 A. I don't know.

17 Q. When's the last time you saw that?

18 A. I don't know.

19 Q. Let's just go back to the Complaint here

20 for a minute. Maybe we'll get back to that.

21 Number 3 talks about Assignment of Note

22 and Mortgage. Here it says "The above-described Note

23 and Mortgage were assigned to Plaintiff."

24 How do you know that's true?

25 A. I must have saw it.


110

1 Q. You're leafing through this Complaint,

2 right? That's what we're doing now, right?

3 A. Yes. But it would be in our servicing

4 system.

5 Q. Are you looking for something in

6 particular?

7 A. I was going to see if there was a copy of

8 it.

9 Q. Well, take a look. Maybe there is.

10 A. It doesn't matter. It would be in our


12 Q. These are Assignments you mentioned that

13 are similar to the ones you sign on behalf of MERS,

14 right? Right, the Assignment?

15 A. What's the question?

16 Q. You said the Assignment would be in your

17 system. This is that computer system that has all

18 that plethora of information in it, right?

19 A. Yes.

20 Q. Do you see an Assignment attached to this

21 Complaint?

22 A. I didn't look.

23 Q. Why don't you take a minute and look and

24 tell me if you see an Assignment there in Exhibit B?

25 A. No, I don't see one.


111

1 Q. SO you don't see an Assignment in that

2 Exhibit. Okay.

3 How do you know one exists?


5 Q. Did you look at any Assignment on this

6 case?

7 A. I don't know. I might have just looked

8 at the information.

9 Q. What kind of information would you find

10 in an Assignment?

11 A. It shows to and from. Assigns from and

12 to.

13 Q. Do you know the reason why Assignments

14 exist?

15 A. No.


17 conclusion.

18 BY MR. BLEIL:

19 Q. But you sign these things on behalf of

20 MERS, right?

21 A. Yes.

22 Q. But you don't have any idea why you're

23 signing them?

24 A. No.



112


2 answered.

3 THE WITNESS: No.

4 BY MR. BLEIL:

5 Q. You never asked your supervisor?

6 A. No.

7 Q. Well, Paragraph 4 goes on in this

8 Complaint and it talks about "The property is now

9 owned by Defendant, Joyce Austin."



12 Q. Did you search public records to find out

13 if she's the titleholder?

14 A. No.

15 Q. So when you made that statement you

16 relied on that servicing system computer with all

17 that information in it?

18 A. Yes.

19 Q. You mentioned before about an Assignment.

20 How did you describe it? I just don't want to put

21 words in your mouth.

22 A. From whom to whom.

23 Q. From whom to whom. Okay. Do you know

24 what an originator of a Note is?

25 A. No.


113

1 Q. Do you know who the originator of the

2 Note in this case is?

3 A. No.

4 Q. Is there anything in Exhibit B that you

5 might be able to look at and figure out who the

6 originator of this Note is?

7 A. No.

8 Q. Do you need some time to look through the

9 Complaint or do you feel comfortable saying no?

10 A. I feel comfortable saying no.

11 Q. Number 5 there on this exhibit talks

12 about the Default on Note and Mortgage. What is

13 default?


15 conclusion.


17 BY MR. BLEIL:

18 Q. Paragraph 5 there goes onto read "The

19 installment which became due on the Note and Mortgage

20 on June 1, 2008 and each payment thereafter have not

21 been paid to either the Plaintiff or the Plaintiff's

22 Assignee by the Defendants, current property owners,

23 or by anyone on behalf of the Defendants liable on

24 the Note and Mortgage."

25 Do you see where I'm reading that


114

1 sentence from?

2 A. Yes.


4 A. On what's in our servicing system.

5 Q. What in your servicing system did you

6 base that statement on?

7 A. The screen showing what the loan is due

8 for. It's due for June 1, 2008.

9 Q. What kind of information is on that

10 screen?

11 A. Due date.

12 Q. What else?

13 A. Mortgagor's name.

14 Q. Anything else?

15 A. Mortgagor's address.

16 Q. Anything else?

17 A. No.

18 Q. What did you mean when you said

19 Plaintiff's assignee here?

20 A. I don't know.

21 Q. Do you know what Plaintiff's assignee is?

22 A. No.

23 Q. Do you know whose liable on this Note and

24 Mortgage?

25 A. No.


115

1 Q. Do you know what liable means in that

2 statement?

3 A. No.

4 Q. How do you know that that sentence is

5 true then, the one we're talking about?

6 A. Because in the system we show June 1 as

7 the due date.

8 Q. The next sentence reads there "The Note

9 and Mortgage are in default for failure to pay as

10 required thereunder."


12 A. I don't know.

13 Q. You don't know how that statement is

14 true?

15 A. No.

16 Q. Do you know if that statement is true?

17 A. Yes.

18 Q. How?

19 A. I believe it to be.


21 A. We have legal counsel that drafts these.

22 Q. So you're relying on your attorneys to

23 ascertain that information?

24 A. No.

25 Q. Why would it have anything to do with


116

1 legal counsel drafting these?

2 A. The wording.

3 Q. The particular choice of words was chosen

4 by your attorneys?

5 A. Yes.

6 Q. Did you ever ask your supervisor what

7 that means?

8 A. No.

9 Q. Do you know what thereunder means in that

10 sentence?

11 A. No.

12 Q. Do you know if there was any requirement

13 thereunder?

14 A. I don't know.

15 Q. That reads on further "Notice of default

16 and demand for payment was sent to the present owners

17 of the property and mortgagors, and they have still

18 failed to pay as required."

19 On what do you base that sentence?

20 A. It's found in our servicing system.

21 Q. Where would you find that information in

22 your servicing system?

23 A. Under letters sent.

24 Q. How do you know that it was sent to the

25 present owner?


117

1 A. I show it was sent in our servicing

2 system.

3 Q. Does it show that it was received?

4 A. I don't know.

5 Q. Well, number 6 here reads Approximate

6 Amount Due and Acceleration. It says that "The

7 principal balance due on the Note and Mortgage is

8 $290,806.95 together with interest at the rate of

9 6.99 per annum from May 1, 2008."


11 A. Information in the servicing system.

12 Q. Where would you look to get that

13 information?


15 Q. Where at?


17 Q. You mentioned before that to access that

18 information you type in the person's name and their

19 address and it comes up with the loan number, right?

20 A. Correct.

21 Q. And then once you get the loan number you

22 put it into another data field and it will pull up

23 the info, for lack of a better phrase?

24 A. Correct.

25 Q. Well, if you wanted to find out what the


118

1 balance due on the Note and Mortgage is for this

2 particular case, how would you find that information?

3 Would you have to click around; do you have to point?

4 What do you do?

5 A. Put in the loan number.

6 Q. You put in the loan number?

7 A. Yes.

8 Q. And all this information is on one

9 screen, right?

10 A. No, a couple of screens.

11 Q. How do you change screens in the system?

12 A. Hit enter.

13 Q. So enter is the command to bring up the

14 next screen?

15 A. Yes.

16 Q. Is there a way that you can go back to

17 the previous screen?


19 THE WITNESS: No.

20 BY MR. BLEIL:

21 Q. So once you call up the loan number you

22 can only go through the pages in sequence order.

23 What happens if you're on page 3 and you

24 need to go back to page I?

25 A. You put in the loan number.


119

1 MS. PRETE: Objection. Relevance

2 BY MR. BLEIL:

3 Q. So you put the loan number in again and

4 it starts you back to square 1, and you again go to

5 pages 1, 2, 3, whatever the other screens are, right?

6 A. Yes.

7 Q. Did you ever hit that button by accident

8 and have to start all over again?



11 BY MR. BLEIL:

12 Q. It would seem to be terribly frustrating

13 to have to start allover.

14 We talked about that May 1, 2008 date in

15 Paragraph 6. You get that information from the

16 screen, right?

17 A. Yes.

18 Q. And then the next sentence here reads

19 "The Plaintiff by filing this Complaint does

20 accelerate the payment of the debt."

21 What did you mean by that?



24 BY MR. BLEIL:

25 Q. How do you know that's true?


120

1 A. I don't know.

2 Q. You don't know if that's true?



5 BY MR. BLEIL:

6 Q. Well, you see where that next sentence

7 reads "The Plaintiff has expended and will continue

8 to expend during the pendency of this lawsuit certain

9 necessary costs and advances to protect its security,

10 all of which are secured by the lien of the Mortgage

11 and which Plaintiff is entitled to recover."

12 How do you know that sentence is true?

13 A. I don't know.

14 Q. Do you know if that sentence is true?

15 A. I don't know.

16 Q. You don't know if that sentence is true?


18 answered.

19 THE WITNESS: No.

20 BY MR. BLEIL:

21 Q. What are the certain necessary costs and

22 advances that the Plaintiff would put forward?

23 A. Which number are we on?

24 Q. I'm looking at Paragraph 6, the second

25 line up from the bottom. It talks about necessary


121

1 costs and advances.

2 Any idea what those necessary costs and

3 advances are?

4 A. No.

5 Q. Do you know what the necessary costs

6 would be?

7 A. No.


9 answered.

10 BY MR. BLEIL:

11 Q. Do you know what necessary advances would

12 be?

13 A. No.

14 Q. Do you know if there were any costs and

15 advances that the Plaintiff put forward?


17 answered.


19 BY MR. BLEIL:

20 Q. It reads on here further it says " .. . all

21 of which are secured by the lien of the Mortgage."


23 A. I don't know.

24 Q. You don't know if that's true?

25 A. No.


122

1 Q. It also says here that " .. . Plaintiff is

2 entitled to recover."


4 A. I don't know.

5 Q. You don't know if it's true?

6 A. No.

7 Q. Look here at 7. It says "Plaintiff has

8 appointed the undersigned as its attorneys to

9 prosecute this suit and has thereby incurred

10 reasonable attorney's fees."

11 How do you know that U.S. Bank National

12 Association as Successor to LaSalle Bank National

13 Association appointed these lawyers to prosecute the

14 case?

15 A. We're the servicer.

16 Q. Litton Loans is the servicer, right?

17 A. Right.

18 Q. How do you know that U.S. Bank National

19 Association as Successor to LaSalle Bank appointed

20 the undersigned as its attorneys?

21 A. We represent the Plaintiff as the

22 servicer.

23 Q. You represent the Plaintiff as its

24 servicer?

25 A. Yes.


123

1 Q. Well, how do you know that the Plaintiff

2 appointed this --

3 A. I don't know.

4 Q. You don't know?

5 A. No.

6 Q. So you don't know if that statement is

7 true?

8 A. No.

9 Q. Do you know if anybody has incurred

10 reasonable attorney's fees?

11 A. I don't know.


13 true, do you?

14 A. I don't know.


16 BY MR. BLEIL:

17 Q. The last sentence there says "Said fees

18 are an additional indebtedness secured by the lien

19 of the Mortgage."


21 A. I don't know.


23 A. No.

24 Q. Do you know what kind of fees would be

25 secured by the lien of the Mortgage?


124


2 THE WITNESS: No.

3 BY MR. BLEIL:

4 Q. Number 8 looks like it's headed

5 Conditions Precedent. You see where I'm at, right?

6 A. Yes.

7 Q. NOw, that sentence there reads "Plaintiff

8 has complied with all conditions precedent to its

9 right to foreclose."


11 A. I don't know.


13 A. No.

14 Q. No, you don't know if it's true or yes,

15 you do know if it's true?


17 THE WITNESS: No.

18 BY MR. BLEIL:


20 A. No.

21 Q. Do you have any idea what conditions

22 precedent would be necessary before a person

23 forecloses?


25 Q. Do you know if there are any conditions


125

1 precedent?


3 answered.


5 BY MR. BLEIL:

6 Q. Do you know what a condition precedent

7 is?


9 answered.


11 BY MR. BLEIL:

12 Q. You don't know what it is?


14 answered.

15 THE WITNESS: No.

16 BY MR. BLEIL:

17 Q. I'm looking at number 9 now. It's titled

18 Receivership. It says "The Mortgage allows for the

19 appointment of a Receiver."


21 A. I don't know.

22 Q. Do you know what a Receiver is?

23 A. No.

24 Q. Do you know if a Receiver would be

25 entitled to collect rents and pay the bills?


126

1 A. I don't know.

2 Q. Do you know if the Plaintiff would have

3 to pay a Receiver to do something?

4 A. I don't know.

5 Q. Have you seen any other Complaints where

6 it has this phrase in here that the Plaintiff can

7 appoint a Receiver?

8 A. I don't know.

9 Q. Do you know if this Mortgage allows for

10 the appointment of a Receiver?


12 conclusion.


14 BY MR. BLEIL:


16 A. I don't know.


18 to look at in Exhibit B that would tell you if the

19 Plaintiff could appoint a Receiver?

20 A. I don't know.

21 Q. Did you look and try to figure that out

22 when you signed your Affidavit?

23 A. No.

24 Q. Looking at number 10, the next page

25 there, it's titled Superiority of Plaintiff.


127

1 Any idea what superiority of the

2 Plaintiff means in that phrase?

3 A. No.

4 Q. Well, the sentence there reads that "The

5 Mortgage of the Plaintiff is a lien superior in

6 dignity to the right, title, claim of lien or

7 interest of all the Defendants in this case, or any

8 of them."


10 A. I don't know.

11 Q. Do you know what a lien superior in

12 dignity to the right is?


14 conclusion.

15 THE WITNESS: No.

16 BY MR. BLEIL:

17 Q. Have you ever heard that phrase before?

18 A. No.

19 Q. You don't know if you've heard it?

20 A. I don't know.


22 answered.

23 BY MR. BLEIL:

24 Q. Do you know what an inferior claim might

25 be?


128


2 conclusion.

3 THE WITNESS: No.

4 BY MR. BLEIL:

5 Q. You've been in the Mortgage biz for about

6 thirty years now, right?

7 A. Yes.

8 Q. And you've never run into the situation

9 where you had a discussion about superiority of

10 liens?



13 BY MR. BLEIL:

14 Q. You don't know if you have?

15 A. No, I don't know if I have.

16 Q. SO you might have?



19 BY MR. BLEIL:

20 Q. You don't know if you did or didn't?



23 BY MR. BLEIL:

24 Q. Do you know if a condo association lien

25 would be superior in title?


129


2 conclusion, relevance.


4 BY MR. BLEIL:

5 Q. Do you know if a homeowner association

6 claim would be superior in title?


8 conclusion.


10 BY MR. BLEIL:

11 Q. You're not a lawyer, are you, Miss

12 Bailey?

13 A. No.

14 Q. Looking at number 11 it reads "The

15 Plaintiff states that it is superior to any right,

16 title or interest of any unknown spouses, heirs,

17 devisees, grantees, creditors of any such person's

18 estate, their successors and assigns, and other

19 unknown persons claiming by, through and under any of

20 the Defendants."


22 A. I don't know.

23 Q. I think we talked earlier you don't know

24 when a devisee is, do you?

25 A. No.


130

1 Q. Or grantees?


3 answered.

4 THE WITNESS: No.

5 BY MR. BLEIL:

6 Q. I'm looking at number 12 now, if you'll

7 read with me there. It says "The property is in the

8 physical possession and control of Defendants,

9 Unknown Tenant 1, and Unknown Tenant 2, who may have

10 some right, title or interest in the subject property

11 through a written or verbal lease agreement."


13 A. I don't know.

14 Q. Do you know if there were any tenants in

15 this property when this lawsuit was filed?

16 A. I don't know.

l7 Q. Do you know if Miss Austin was living

18 there?

19 A. I don't know.

20 Q. Do you know if anybody was living there?

21 A. I don't know.

22 Q. Upon what do you base that statement


24 BY MR. BLEIL:

25 Q. that you don't know that anybody was

VeritextlF101ida Reporting Co. Serving the State of Florida (305) 376-8800

131

1 living there?

2 A. I don't know.

3 Q. You don't know what you base that

4 statement on?


6 BY MR. BLEIL:

7 Q. Do you know why a tenant might have some

8 right, title or interest in a property that's in

9 foreclosure?


11 conclusion.


13 BY MR. BLEIL:

14 Q. Do you know if there was any written

15 lease agreement in effect when this lawsuit was

16 filed?

17 A. I don't know.


19 true, right?

20 A. I don't know.


22 A. I don't know.

23 Q. What don't you know, Miss Bailey?

24 A. If there was a lease agreement filed.


VeritextlFlorida Reporting Co. Serving the State ofFlorida (305) 376-8800

132

1 true?


3 Q. Well, here's number 14. We see where

4 MERS comes into this. I'm looking at 14. It talks

5 about Subordinate Mortgagee and it reads "Defendant,

6 Mortgage Electronic Registration Systems, Inc., as

7 Nominee For People's Choice Home Loan, Inc., may

8 claim some right, title or interest in and to the

9 subject property pursuant to the Mortgage dated

10 November 3, 2006 and recorded December 11, 2006 in

11 Official Records Book 43243, Page 593."

12 Just that phase of the sentence, upon

13 what do you base that statement?

14 A. I don't know.

15 Q. How do you know it's true?

16 A. I don't know.

l7 Q. You don't know if it's true?

18 A. No.

19 Q. Any idea where the subordinate mortgagee

20 might have come from?



23 BY MR. BLEIL:

24 Q. Do you know if there even is a

25 subordinate mortgagee?


133

1 A. I don't know.

2 Q. You don't know if there is one?

3 A. I don't know.

4 Q. It says here it was recorded in Book

5 43243, Page 593.


7 A. I don't know.


9 A. I don't know.

10 Q. You don't know if it's recorded at that

11 book and page or you don't know if it's true?

12 A. No, I don't know if it's recorded at that

13 book and page.

14 Q. So you don't know if this statement is

15 true that it was recorded in Book 43243, do you?

16 A. No.

17 Q. And it says here "Said Mortgage lien

18 interest is junior, inferior and subordinate to the

19 Plaintiff and should be redeemed or foreclosed out

20 pursuant to Florida law."


22 A. I don't know.



25 Q. Do you know if it's a junior, inferior


134

1 and subordinate lien?

2 A. I don't know.

3 Q. You don't know if it's a junior lien?

4 A. I don't know.

5 Q. How do you know that it's subordinate to

6 the Plaintiff?

7 A. I don't know.

8 Q. Do you know what subordinate means in

9 that sentence?

10 A. No.

11 Q. Can you use subordinate in a sentence?

12 A. No.

13 Q. Have you ever heard that word before?

14 A. I don't know.

15 Q. You don't know if you've heard it before?


l7 Q. On what do you base the statement that it

18 should be redeemed or foreclosed out pursuant to

19 Florida law?

20 A. I don't know.

21 Q. Do you know what Florida law you're

22 referring to?

23 A. No.


25 A. I believe it to be true.


135


2 A. It comes from the law firm.

3 Q. So you base the veracity of this sentence

4 because it came drafted from your lawyers?

5 A. Yes.

6 Q. Did you do anything to independently

7 verify that that statement was true?

8 A. No.

9 Q. So you relied on the information of a

10 third party when you made this statement?

11 A. Yes.

12 Q. I'm looking here at the next page at a

13 pretty long Wherefore clause. Do you know what

14 Chapter 45 Florida Statutes is?


16 conclusion.

17 THE WITNESS: No.

18 BY MR. BLEIL:

19 Q. Did you ever look at that chapter?

20 A. No.

21 Q. Do you know if that chapter has a title

22 to it?


24 answered.



136

1 BY MR. BLEIL:

2 Q. You don't know if it has a title; is that

3 correct?

4 A. Correct.

5 Q. This Wherefore clause reads "Wherefore,

6 Plaintiff prays that an accounting be taken for what

7 is due to the Plaintiff, including reasonable

8 attorney's fees, and for the appointment of a

9 receiver should one be necessary."




13 BY MR. BLEIL:

14 Q. How do you know that statement is true?

15 A. I don't know.

16 Q. You don't know how it's true, do you?

17 A. No.


19 BY MR. BLEIL:

20 Q. Do you know what a Lis Pendens is?


22 conclusion.

23 THE WITNESS: No.

24 BY MR. BLEIL:

25 Q. Have you ever heard that word before?


137

1 A. I don't know.

2 Q. Do you see it here in the middle of the

3 Wherefore clause?

4 A. I do.

5 Q. Did you ask anybody what that meant when

6 you signed your Affidavit?

7 A. No.

8 Q. I'm reading the sentence here and it says

9 "Plaintiff further prays that Defendants herein and

10 all parties claiming interest by, through or under

11 them in said property to the filing of the Lis

12 Pendens forever foreclosed of all right, title,

13 interest, equity redemption or lien in and to said

14 property."


16 A. I don't know.


18 A. I don't know.

19 Q. You don't know if it's true or not, or

20 you don't know how it's true?

21 A. I don't know how it's true.

22 Q. Do you know if it is true?

23 A. I don't know.

24 Q. So it could be false?

25 A. I don't know.


138


2 BY MR. BLEIL:

3 Q. It could be true, right?


5 BY MR. BLEIL:

6 Q. You don't know whether it's true or

7 false, do you?



10 BY MR. BLEIL:

11 Q. What don't you know?

12 A. What's the question?

13 Q. Well, you were saying you don't know if

14 it's true or false. I'm saying what don't you know?

15 A. I don't know if it's true or false.

16 Q. It says here "Plaintiff demands judgment

17 foreclosing the mortgage and, if the proceeds of the

18 sale are insufficient to pay the Plaintiff's claim, a

19 deficiency judgment if allowed unless any originators

20 or individuals assuming the debt or guarantee have

21 been discharged pursuant to a federal bankruptcy

22 action."


24 A. I don't know.

25 Q. Do you know what a deficiency judgement


139

1 is?


3 conclusion.

4 THE WITNESS: No.

5 BY MR. BLEIL:

6 Q. Can you use that in a sentence?

7 A. No.

8 Q. Do you have any idea what that means,

9 what a deficiency judgment is?

10 A. No.


12 BY MR. BLEIL:

13 Q. Did anyone ever call you when you were

14 working for that one department it wasn't Litton

15 but it was the one before. Was it People's Choice or

16 something?


18 BY MR. BLEIL:

19 Q. Do you remember we were talking about

20 that when you were called a supervisor and they'd

21 call and ask questions about taxes? Do you remember

22 that conversation we had a little earlier?

23 A. Yes.

24 Q. Did anyone ever call and ask you about a

25 deficiency judgment?


l40

1 A. No.

2 Q. That was a number years ago, right?


4 THE WITNESS: Yes.

5 BY MR. BLEIL:

6 Q. This last sentence of the Wherefore says

7 "The Court should retain jurisdiction to enter all

8 orders and jUdgments necessary for the complete

9 resolution of all claims between these parties."


11 A. I don't know.

12 Q. We talked about jurisdiction. You don't

13 have a better idea of what jurisdiction is now, do

14 you?

15 A. No.

16 Q. Do you know why the Court would retain

17 jurisdiction and enter orders and judgments

18 necessary?


20 conclusion.

21 THE WITNESS: No.

22 BY MR. BLEIL:

23 Q. So do you know if that statement is true?

24 A. I don't know.



141

1 A. I don't know.

2 Q. You don't know if it's true, do you?

3 A. I don't know.


5 BY MR. BLEIL:


7 A. If it's true.

8 Q. We're going to look here at Count II. It

9 talks about Reestablishment of Lost Note and

10 Mortgage.

11 You see where I'm at, right?

12 A. Yes.

13 Q. And we see that word jurisdiction again.

14 Do you know if the Court has jurisdiction by virtue

15 of Count I?


l7 conclusion.


19 BY MR. BLEIL:


21 A. If they have jurisdiction.


23 true?

24 A. I don't know.



142

1 A. That's right.

2 Q. Well, it says here, number 16, it goes

3 into Lost Note and Mortgage and it says -- you see

4 where I'm at, right?

5 A. Yes.

6 Q. It says "Pursuant to Chapter 71, F.S.

7 (1989) and 673.3091, F.S. the following facts are set

8 forth for the reestablishment and enforcement of

9 lost, destroyed, or stolen Note and Mortgage. "


11 A. I don't know.


13 A. How it's true.

14 Q. Do you know if it's true?

15 A. I don't know.


17 A. I don't know.

18 Q. Did you ever look at Florida Statute

19 Chapter 7l?

20 A. No.

21 Q. Do you know what that 1989 in parentheses

22 means?


24 conclusion.

25 THE WITNESS: No.


143

1 BY MR. BLEIL:

2 Q. Did you ever look at Florida Statute

3 673.3091?

4 A. No.

5 Q. Do you know why someone would want to

6 reestablish a lost, destroyed or stolen Note and

7 Mortgage?


9 THE WITNESS: No.

10 BY MR. BLEIL:

11 Q. Do you know why this Clause number 16 is

12 here in this lawsuit?

13 A. No.

14 Q. Did you ask anybody why?

15 A. No.

16 Q. Did you ask your lawyers?

17 A. No.

18 Q. Did you ask your supervisor?

19 A. No.

20 Q. I'm looking at number 7 now. Do you know

21 who can reestablish a lost Note or instrument in the

22 State of Florida?


24 conclusion.

25 BY MR. BLEIL:


144

1 Q. Number 17. I'm sorry, Miss Bailey.

2 Number 17 there.

3 Do you know who can reestablish a lost or

4 stolen Note in the State of Florida?


6 THE WITNESS: No.

7 BY MR. BLEIL:

8 Q. It says here "Plaintiff is an interested

9 party."


11 A. I don't know.


13 A. How that's true.

14 Q. Do you know if it's true?

15 A. I don't know.


17 A. I don't know. I don't know if that's the

18 right statement there.

19 Q. Do you know if that's an accurate

20 statement?

21 A. Yes, because they're the Plaintiff.

22 Q. What is an interested party in that

23 sentence?

24 A. I don't know.



145

1 conclusion.

2 BY MR. BLEIL:

3 Q. Can you use an interested party in a

4 sentence?

5 A. No.

6 Q. How do you know that they're the current

7 owner?

8 A. That's what we have in our servicing

9 system.

10 Q. Where would you look to get that

11 information from?


13 Q. How do you know that they were the

14 current owner at the time the Note was lost or

15 destroyed?

16 A. We have it in our supervising system.

17 Q. Did you look to see where this Note could

18 be?

19 A. No.

20 Q. Have you seen other lawsuits that have

21 this count in it?

22 A. I don't know.

23 Q. You don't know if you've seen other ones?

24 A. I don't know if I've seen other ones.

25 Q. So upon your recollection, is this the


146

1 only lawsuit you've seen that has a count to

2 reestablish a lost Note and Mortgage in it?

3 A. I don't know.


5 Mischaracterization.

6 BY MR. BLEIL:


8 A. I don't know if I've seen other ones with

9 that in it.

10 Q. But you've seen hundreds of these

11 Complaints, right? That's what you said before,

12 right?

13 A. I've seen Complaints before, yes.

14 Q. How many did you say you saw earlier?

15 A. I didn't know.

16 Q. Do you think it was more than a hundred?

17 A. I don't know.

18 Q. So it could have been more than a

19 hundred, right?



22 BY MR. BLEIL:

23 Q. How do you know that the Plaintiff was in

24 possession of the Note when it was lost?

25 A. I don't know.


147



3 Q. You don't know if it's true, do you?

4 A. No.


6 BY MR. BLEIL:

7 Q. Who would be entitled to enforce a lost

8 Note.


10 conclusion.


12 BY MR. BLEIL:

l3 Q. Do you know what the word enforce in

14 this sentence means?

15 A. No.

16 Q. Did you ask your boss what it meant?

17 A. No.

18 Q. Can you use the word enforced in a

19 sentence?

20 A. No.


22 BY MR. BLEIL:

23 Q. Have you ever heard the word enforced

24 before?

25 A. Yes.


148

1 Q. Where?

2 A. Don't know.

3 Q. Was it at work?

4 A. I don't know.

5 Q. How do you know that the Plaintiff was in

6 possession of the Note when the loss of possession

7 occurred?

8 A. I don't know.

9 Q. Did you actually ever see the physical

10 Note?

11 A. I don't know.

12 Q. You don't know if you've seen it?

l3 A. It's in our servicing system, the

14 information. Not the Note.

15 Q. Would it make sense that you can't get a

16 paper copy of the Note because it's lost, right?



19 BY MR. BLEIL:

20 Q. You didn't know if this Note was lost

21 when you signed the Affidavit, did you?

22 A. I don't know if you can get a paper copy.

23 Q. Have you ever requested a paper copy of

24 the Note when you were working for Litton Loan?

25 A. Not me.


149

1 Q. Have you ever looked at a paper copy of

2 the Note?

3 A. I have.

4 Q. When was the last time you saw a paper

5 copy of the Note?

6 A. I don't know.

7 Q. Was it in the past year?

8 A. I don't know.

9 Q. It could have been in the past year then?



12 BY MR. BLEIL:

13 Q. You have seen the Note in the last month?



16 BY MR. BLEIL:

17 Q. You don't know, do you?

18 A. No.


20 BY MR. BLEIL:

21 Q. Do you know what venue is?


23 conclusion.

24 THE WITNESS: No.

25 BY MR. BLEIL:


150

1 Q. How do you know that this statement that

2 the Mortgage was recorded as above described and

3 therefore venue is proper in this county, how do you

4 know that statement is true?

5 A. We have attorneys for that.


7 true. You're relying on your lawyers for that

8 statement, right?

9 A. I don't know.

10 Q. You don't know if you're relying on your

11 lawyers for that statement?

12 A. Yes, we rely on our lawyers.

13 Q. Well, what did you do to find out if that

14 statement is true?

15 A. I didn't find out if it's true.

16 Q. You take it as the gospel truth because

17 it's here in the Complaint?

18 MS. PRETE: Objection. A

19 mischaracterization of the witness's earlier

20 testimony.

21 THE WITNESS: No.

22 BY MR. BLEIL:

23 Q. So you don't take it as the gospel truth,

24 right?



151

1 THE WITNESS: No.

2 BY MR. BLEIL:

3 Q. What did you do to see if this statement

4 was true or not, this venue statement, number 18?

5 A. I don't know.

6 Q. Did you do anything?

7 A. No.

8 Q. I'm looking here at number 19. It reads

9 "The above-described Note and Mortgage have been lost

10 and are not in the custody or control of the

11 Plaintiff."



14 Q. Did you look for the original Note?

15 A. No. Me personally, no.

16 Q. Did you ever ask anybody to for you?

17 A. No.

18 Q. In all the Affidavits you've signed, have

19 you ever asked anybody: Hey, did anybody look for

20 this thing?

21 A. No.

22 Q. And you never looked on your own, did

23 you?


25 answered.


152

1 THE WITNESS: No.

2 BY MR. BLEIL:

3 Q. You didn't look on your own in this case?

4 A. No.

5 Q. It's not part of your job to go down and

6 dig through the file room, is it?


8 THE WITNESS: No.

9 BY MR. BLEIL:

10 Q. That would be someone else's job?

11 A. I don't know.

12 Q. You don't even know if you all have a

13 file room there, right?


15 MR. PRETE: Objection. Form.

16 BY MR. BLEIL:

17 Q. Do you know if you have an off-site

18 storage facility?

19 A. I don't know.

20 Q. Did you ever ask anybody?

21 A. No.

22 Q. Did you ever ask your boss where all

23 these papers are that are on the computer screen?

24 A. No.

25 Q. When you look at the computer screen,


153

1 does it have exactly a copy of the documents or is it

2 a summarization?

3 A. A summarization of whether or not we have

4 the Note.

5 Q. Where would you look on the computer

6 screen to see if you have a Note or not?


8 Q. Well, you talked before about how there

9 are a number of pages, right?

10 A. Yes.

11 Q. On the screens that come up?

12 A. Yes.

13 Q. Do you remember particularly what screen

14 you would find that information as to whether that

15 Note is in the possession of the Plaintiff or not?

16 A. Yes, comments.

17 Q. What would be a typical comment that

18 would show that it was not in the possession of the

19 Plaintiff anymore?

20 MR. PRETE: Objection. Form.

21 THE WITNESS: Would you rephrase that?

22 BY MR. BLEIL:

23 Q. Yes. You mentioned that you look at the

24 comments and you get that information from the

25 comments.


154

1 What would the comments say that would

2 indicate that the Plaintiff is not in possession of

3 the Note and Mortgage?

4 A. Unavailable at this time.

5 Q. Is that what it always says, unavailable

6 at this time?


8 THE WITNESS: Yes.

9 BY MR. BLEIL:

10 Q. What else could it say?

11 A. I don't know.

12 Q. Do you remember what else it said?

13 A. No.

14 Q. How many of those screen captions do you

15 look at a day?

16 A. I don't know.

17 Q. Maybe a dozen?

18 A. I don't know.

19 Q. SO it could be a dozen?



22 BY MR. BLEIL:

23 Q. Well, if you didn't look for the Note, do

24 you know anybody that might have?

25 A. I don't know.


155

1 Q. Do you know if there's a department in

2 the directory that says location of lost instruments?

3 A. I don't know.

4 Q. But there's an entry in that journal, or

5 call it whatever it is, that has original records

6 custodian.

7 Did you ever think about calling him to

8 see if he might have this?


10 THE WITNESS: Not me.

11 BY MR. BLEIL:

12 Q. Do you know if anybody else called that

13 original records custodian and said: Hey, do you

14 guys have this thing?

15 A. I don't know.

16 Q. You don't know if you ever made that

17 call?


19 THE WITNESS: I don't know if anyone

20 made the call.

21 BY MR. BLEIL:

22 Q. Have you ever made a call like that?

23 A. No.

24 Q. The sentence here also reads "The time

25 and manner of the loss is that the subject Note and


156

1 Mortgage were lost or disappeared under unknown

2 circumstances after Plaintiff became the holder

3 thereof."


5 A. I don't know.


7 A. Whether that statement is true.

8 Q. So it could be false?

9 A. I don't know.


11 BY MR. BLEIL:

12 Q. Well, if it's not true what else could it

13 be?



16 BY MR. BLEIL:

17 Q. Let's step back for a minute because you

18 can appreciate the fact that some statements are

19 true, right?

20 A. Sure.

21 Q. Like if I were to say that what you're

22 looking at is Exhibit B to the deposition, that would

23 be a true statement, right?




157

1 BY MR. BLEIL:

2 Q. You don't know if you are looking at

3 Exhibit B?

4 A. No.

5 Q. You were here before in the deposition

6 whenever I asked this to be marked as Exhibit B. You

7 remember that happening, right?

8 A. Right.

9 Q. Counsel and I substituted that. We

10 agreed to substitute the nonmarked for the marked.

11 So you know that this is Exhibit B,

12 right?

13 A. Yes.

14 Q. So that would be a true statement?

15 A. Yes.


17 BY MR. BLEIL:

18 Q. If I were to say this is a copy of Time

19 Magazine that you're looking at, that would be false,

20 right?

21 A. Yes.

22 Q. So you appreciate the difference between

23 true and false statements?

24 A. Yes.

25 Q. How do you know that the Plaintiff was


158

1 the holder of this Note and Mortgage whenever they

2 were lost?

3 A. It says so in our servicing system.

4 Q. How do you know when the Plaintiff became

5 the holder of it?

6 A. I don't know.

7 Q. Then how do you know if they were the

8 holder of it when it was lost?

9 A. That's what it says in our servicing

10 system.

11 Q. So you're relying on that information in

12 that servicing system again, right?

13 A. Yes.


15 answered.

16 BY MR. BLEIL:

17 Q. You're relying on that information to

18 find out whether they were the holder of the Note.

19 Where would you look in that computer

20 system to find out if they were the holder when it

21 was lost?


23 Q. Do you know if this particular Note was

24 lost?

25 A. It says so in the servicing system.


159

1 Q. How do you know that? You have a

2 recollection of looking in the servicing system in

3 this case and it said lost Note?

4 A. Or something like that.

5 Q. Something like that. And you can

6 remember that sitting here today that it said that?

7 A. It's in here.

8 Q. I'm not asking if it's in here. You can

9 remember sitting and looking at that particular

10 screen capture whenever you signed the Affidavit and

11 it said Note lost?


13 THE WITNESS: No, I don't remember the

14 exact moment.

15 BY MR. BLEIL:

16 Q. Do you remember if it said Mortgage lost?



19 BY MR. BLEIL:

20 Q. It says here that "The Mortgage attached

21 as Exhibit A is a true copy of that lost or destroyed

22 document."

23 That's what it says there, right?

24 A. Yes, that's what it says.

25 Q. How do you know that statement is true?


160

1 A. I don't know.



4 Q. Well, if I might ask, you leafed through

5 this document before when we were looking for an

6 Assignment, right? Do you remember doing that

7 earlier?

8 A. Yes.

9 Q. Can you leaf through there and find

10 Exhibit A for me? I might be able to make it a

11 little bit easier for you. I'm not asking you a

12 trick question. I think if you turn two pages ahead

13 from where we are I think you might see Exhibit A. I

14 mean, from where we were in the Complaint.

15 Have you seen this before?

16 A. Yes.

17 Q. Was this attached to the Complaint when

18 you looked at it?

19 A. Yes.

20 Q. Because you said earlier that you printed

21 out the Complaint from the computer system, right?

22 A. I did.

23 Q. And you printed out something like twenty

24 some pages here, right? You printed all that out and

25 you looked at it when you signed the Affidavit?


161

1 A. Yes.

2 Q. How long did it take you to look at all

3 this stuff?

4 A. I don't know.

5 Q. Well, didn't you testify you signed an

6 Affidavit some time last week?

7 A. An Affidavit?

8 Q. Yes. An Affidavit, right.

9 A. Any Affidavit?

10 Q. Did you sign any Affidavits of

11 Indebtedness last week?

12 A. I'm sure I did.

13 Q. And for each of those Affidavits did you

14 look at the Complaint?

15 A. Yes.

16 Q. How long does it take you to look through

17 a Complaint?

18 A. I don't know.

19 Q. Well, give me a ballpark.

20 A. I don't know. They're all different.

21 Q. Well, how do you know that what was

22 attached here as Exhibit A is a true copy of that

23 lost or destroyed document?

24 A. I don't know if it's true. It's the

25 document we have. It's a document we have a copy of.


162

1 Q. Because you never saw the original paper

2 Mortgage, right?

3 A. I don't know.

4 Q. Did you see the original paper Mortgage

5 in this case?

6 A. I don't know.

7 Q. Did you look at it when you signed your

8 Affidavit?

9 A. A copy.

10 Q. So you looked at a copy of it?

11 A. Yes.

12 Q. Where did that copy come from?

13 A. From our servicing system.

14 Q. This is the same servicing system you

15 talked about leafing through pages before, right?

16 A. Right.

17 Q. So are there exact screen duplicates of

18 this Mortgage in your servicing system?

19 A. Yes.

20 Q. Did you look through all sixteen pages of

21 it?

22 A. Yes.

23 Q. How do you know that that was an exact

24 copy of the one that was lost?

25 A. It's the only one we have.


163

1 Q. It's the only one you have. But how do

2 you know it's an exact copy?


4 answered.

5 BY MR. BLEIL:


7 A. It's the only copy we have.

8 Q. But how do you know that that's a copy of

9 what was signed at the closing in 2006?


11 answered.

12 THE WITNESS: That's all we have.

13 BY MR. BLEIL:

14 Q. It might be all you have. But I'm asking

15 how you know it's a true copy.

16 Do you know if it's a true copy of what

17 was signed at the closing in 2006?

18 A. Based on what we have.

19 Q. But the original is lost, right?


21 BY MR. BLEIL:

22 Q. The original Mortgage was lost?

23 A. I believe so.

24 Q. Why else would there be a count In here

25 to reestablish a lost Mortgage?


164

1 A. I don't know.


3 conclusion.

4 BY MR. BLEIL:

5 Q. Because if you had the Mortgage you

6 wouldn't have to reestablish. That's a common sense

7 thing, right?


9 THE WITNESS: Okay.

10 BY MR. BLEIL:

11 Q. Do you have any idea why someone would

12 try to reestablish something that they have?

l3 MS. PRETE: Objection. Form.

14 THE WITNESS: No.

15 BY MR. BLEIL:

16 Q. Because it's kind of counterintuitive.

17 If you have the original, you don't have to

18 reestablish it, right?



21 BY MR. BLEIL:

22 Q. You don't have to use the copy. You

23 would use the original, wouldn't you?

24 A. I don't know.



165

1 A. Whether you use the original or the copy.

2 Q. Do you have any idea why this count is in

3 this lawsuit?


5 conclusion.


7 BY MR. BLEIL:

8 Q. Well, this sentence here, number 19,

9 reads "The persons named in the Complaint are the

10 only persons known to Plaintiff who are interested

11 for or against such reestablishment."

12 How do you know that sentence is true?

13 A. I don't know. I'm not an attorney.



16 Q. Miss Bailey, I want to turn your

17 attention to Exhibit A here. This is attached to the

18 Complaint.

19 You testified earlier that you looked at

20 this Mortgage document?

21 A. Yes.

22 Q. But you don't remember how long it takes

23 you to look at the Mortgage document when you sign

24 Affidavits of Indebtedness, right?

25 A. No.


166

1 Q. And you don't remember how many

2 Affidavits you sign a day?


4 answered.

5 THE WITNESS: No.

6 BY MR. BLEIL:

7 Q. I'm going to draw your attention to the

8 first page here.- Down on the bottom or near the

9 bottom it's got something there that looks like (D)

10 and then it says "Lender is People's Choice Home

11 Loan, Inc."

12 Do you know what People's Choice Home

13 Loan, Inc., is?

14 A. No.

15 Q. Do you know what they're in the business

16 of doing?

17 A. No.

18 Q. Did you ever work for People's Choice

19 Home Loan, Inc.?

20 A. No.

21 Q. Do you know if they're even doing

22 business now?

23 A. I don't know.

24 Q. Do you know what their line of work is?



I'

167

1 answered.

2 THE WITNESS: No.

3 BY MR. BLEIL:

4 Q. Do you know where they're located?


6 answered. She doesn't know who they are.

7 THE WITNESS: No.

8 BY MR. BLEIL:

9 Q. Do you know who the originator of this

10 Mortgage is?

11 A. No.

12 Q. But you signed Assignments, right, for

13 MERS? You've done that before, right?

14 A. Yes, I have.

15 Q. Do you know if you ever signed any

16 Assignments that go from an originator to a

17 subsequent -- you mentioned like from a so-and-so to

18 so-and-so, right?

19 A. I don't know.

20 Q. Do you know what an originator of a loan

21 is?

22 MS. PRETE: Objections. Call for a legal

23 conclusion.

24 THE WITNESS: No.

25 BY MR. BLEIL:

Veri text/Florida Reporting Co. Serving the State of Florid a (305) 376-8800

168

1 Q. Miss Bailey, you've been in the mortgage

2 business for thirty years and you don't know what an

3 originator of a loan is?


5 answered.

6 THE WITNESS: No.

7 MS. PRETE: I'm sorry. Could we take a

8 quick break again?

9 MR. BLEIL: Sure. We can definitely take

10 a break.



13 BY MR. BLEIL:

14 Q. I think when we stopped, Miss Bailey, we

15 were looking at Exhibit A in that Mortgage. I think

16 we were talking about People's Choice Horne Loan and

17 you said you don't know who they were. You kind of

18 remember where we were at, right?

19 A. Yes.

20 Q. Can you look through this Exhibit A and

21 can you tell me if there's a Note here, a copy of a

22 Note?

23 A. I don't think I see one.

24 Q. When you looked through some of the

25 documents, you saw an Adjustable Rate Rider, right,


169

1 and a Planned Unit Development Rider. Do you

2 remember seeing those in there?

3 A. Yes.

4 Q. But you don't see a copy of the Note?

5 A. I don't see a copy of the Note.

6 Q. Now, you testified that you look at this

7 Mortgage, or a copy of it, whenever you sign the

8 Affidavit, right?

9 A. Yes.

10 Q. And you particularly looked at this

11 particular Note and Mortgage?

12 A. Yes.

13 Q. When you signed the Affidavit, was this

14 Mortgage attached to the Complaint?

15 A. I don't know.

16 Q. Because I'm kind of looking here. If we

17 look back at Count II, we look at reestablishment of

18 Lost Note and Mortgage.

19 Do you remember if you saw a Note when

20 you were looking at this attachment to the Complaint

21 when you signed the Affidavit?

22 A. Say that again.

23 Q. First of all, maybe I should back up a

24 second here.

25 Was this Exhibit A attached to the


170

1 Complaint that you reviewed?

2 A. I don't remember if it was attached. I

3 remember reviewing it.

4 Q. So when you look back at Paragraph 19 of

5 the Complaint when you say Mortgage attached as

6 Exhibit A is a true copy of that lost or destroyed

7 copy, you don't remember if anything was attached to

8 the Complaint, do you?


10 THE WITNESS: I remember reviewing the

11 Mortgage along with the Complaint. I don't

12 know if it was attached.

13 BY MR. BLEIL:

14 Q. Why would you say it was true that the

15 Mortgage was attached if you can't remember if it was

16 or not?


18 THE WITNESS: I remember reviewing the

19 Mortgage.

20 BY MR. BLEIL:

21 Q. But you don't remember if it was

22 attached?


24 Q. Do you remember looking at a Note?



171

1 Q. Well, looking at Exhibit A I see MERS

2 here again. And Ie) it says here "MERS is Mortgage

3 Electronic Registration Systems, Inc. MERS is a

4 separate corporation that is acting as a nominee for

5 Lender and Lender's successors and assigns."

6 As a secretary of MERS, do you know what

7 it means for MERS to act an nominee for Lender and

8 Lender's successors or assigns?

9 A. No.

10 Q. Did you ever ask anybody what that means?

11 A. No.

12 Q. Did you ask your supervisor about it?

13 A. No.

14 Q. Did you ever pick up the phone and try to

15 call someone at MERS and ask why are you guys here on

16 this Mortgage?

17 A. No.

18 Q. Did you ever think to call them and say:

19 Hey, I think you're a Defendant in this lawsuit, you

20 might want to know it?


22 THE WITNESS: No.

23 BY MR. BLEIL:

24 Q. And you didn't mention anything to your

25 boss about MERS being a Defendant here, did you?


172


2 THE WITNESS: No.

3 BY MR. BLEIL:

4 Q. It didn't seem strange to you at all that

5 MERS was a Defendant in a lawsuit?


7 THE WITNESS: No.

8 BY MR. BLEIL:

9 Q. What is a defendant?

10 MS. PRETE: Calls for a legal conclusion.


12 BY MR. BLEIL:

13 Q. You don't know what a defendant is?

14 A. No.

15 Q. Do you know who the Defendant in this

16 lawsuit is?

17 A. I don't know the legal term. It's right

18 here. The Defendant is Joyce Austin.

19 Q. And there are some others?

20 A. And some other people.

21 Q. And you see where MERS is listed as a

22 Defendant in this lawsuit?

23 A. Yes, I see that.

24 Q. You never thought: Boy, isn't that

25 strange that MERS is a Defendant and signing all the


173

1 Assignments for them?


3 THE WITNESS: No.

4 BY MR. BLEIL:

5 Q. I want to jump back to your Affidavit for

6 a minute. When you signed this Affidavit, Miss

7 Bailey, that we marked as Defendant's Exhibit A, did

8 you swear to this Affidavit under oath?

9 A. No.

10 Q. Look here at the last page. Did you sign

11 this Affidavit in front of a notary?

12 A. Yes.

13 Q. Who was the notary on this?

14 A. Monica Hardaway.

15 Q. Do you know Monica?

16 A. Not personally, no.

17 Q. Can you describe what she looks like?


19 THE WITNESS: No.

20 BY MR. BLEIL:

21 Q. I would say from the name we can presume

22 she is a woman. Would you agree with me there?

23 A. Yes.

24 Q. Have you seen Monica?

25 A. Yes.


174

1 Q. What does she look like? Give me a

2 general physical description of her.

3 A. A woman, tall woman.

4 Q. Does she wear glasses?



7 BY MR. BLEIL:

8 Q. When was the last time you saw Monica?


10 Q. Was it last week?


12 THE WITNESS: I don't know. I don't

13 remember.

14 BY MR. BLEIL:

15 Q. So it could have been last week?


17 answered.

18 THE WITNESS: I don't remember.

19 BY MR. BLEIL:

20 Q. I want to get into a little bit about how

21 these notaries are done.

22 Where were you when you signed this

23 Affidavit? Let me rephrase that. Where were you

24 siting when you signed this Affidavit?

25 A. At my desk.


175

1 Q. Where was Monica?

2 A. At my desk.

3 Q. Did Monica say anything to you?

4 MS. PRETE: Objection. Form. Rephrase.

5 THE WITNESS: I don't know what you mean

6 by that.

7 BY MR. BLEIL:

8 Q. You're sitting there at the desk signing

9 the Affidavit. On this day do you remember if Monica

10 was conversing with you at all?


12 Q. Do you know if Monica swore you under

13 oath?

14 A. No.

15 Q. She didn't swear you under oath?

16 A. No. You have to show ID.

17 Q. But it says here "Sworn to and subscribed

18 before me this 16th day of December 2008, personally

19 known to me."

20 Do you know if you have to show

21 identification to a notary if you're personally known

22 to them?


24 THE WITNESS: I had to show her ID.

25 BY MR. BLEIL:


176

1 Q. You had to show her ID. You showed her

2 your ID?

3 A. Yes.

4 Q. And did she put you under oath? Did she

5 swear you at all when you signed this Affidavit?

6 A. Not that I remember.

7 Q. You don't remember. Well, has Monica

8 ever notarized any other Affidavits of Indebtedness

9 for you?

10 A. Yes.

11 Q. When was the last time she did?


13 Q. Do you remember the last time you saw

14 Monica?

15 A. No, I don't.


17 BY MR. BLEIL:

18 Q. Do you know who Monica works for?

19 A. Litton.


21 A. She wears a Litton badge.

22 Q. SO if she has a Litton badge you figure

23 she works for Litton, right?


25 BY MR. BLEIL:


177

1 Q. Do you know what Monica's position is at

2 Litton Loans?

3 A. No.

4 Q. Is she a foreclosure specialist?



7 BY MR. BLEIL:

8 Q. So she could be a foreclosure specialist

9 at Litton Loans?

10 A. I don't know.

11 Q. But you know she works there?

12 A. I know she's a notary.

13 Q. I thought you also said you know she

14 works there because she has a badge?

15 A. Yes.

16 Q. So when you made this Affidavit did

17 Monica put you under oath or not?


19 Q. Does Monica ever put you under oath when

20 you sign Affidavits?


22 Q. Because you don't remember the last time

23 you signed one?


25 THE WITNESS: I don't remember the date.


178

1 BY MR. BLEIL:

2 Q. But do you remember the month you signed

3 one?

4 A. No, I don't. I signed one on December

5 16, 2008 for sure.

6 Q. Have you signed any since then?



9 A. It's what I do.

10 Q. How many times do you sign an Affidavit

11 in the course of a week?

12 A. I don't know a number.

13 Q. Give me a ballpark.

14 A. I can't give you a ballpark.

15 Q. More than a hundred?

16 A. I don't know.

17 Q. So it could be more than a hundred?

18 A. I don't know.

19 Q. You don't know what?

20 A. I don't know how many I sign a week.

21 Q. What else do you do besides sign

22 Affidavits?


24 answered.

25 THE WITNESS: That's what I do.


179

1 BY MR. BLEIL:

2 Q. Give me a rundown of a regular day at

3 work. You corne into work and you don't have a time

4 clock. We talked about that, right?

5 A. Right.

6 Q. SO you show up for work and you?

7 A. Review Affidavits.

8 Q. All day long?

9 A. Yes.

10 Q. But you don't remember how many you

11 review a day?

12 A. No.

13 Q. How-long do you work?

14 A. Eight hours.

15 Q. Do you --

16 A. Seven hours.

17 Q. Seven hours. You probably take a little

18 lunch hour?

19 A. Yes.

20 Q. Everybody deserves a lunch. So you sign

21 Affidavits all day, right?

22 A. Yes.

23 Q. And you review Affidavits all day?

24 A. Yes.

25 Q. Do you know if there's an internal system


180

1 that tracks some of the Affidavits that you sign on a

2 daily basis?

3 A. I don't know.

4 Q. Did you ever see Monica pullout a little

5 book and mark down everything she notarizes?

6 A. Yes.

7 Q. Do you know if she marked down that she

8 notarized an Affidavit for you?

9 A. Yes.


11 A. She has the book there.

12 Q. Does she write in that book with you

13 there when you sign Affidavits?

14 A. Yes.

15 Q. So, as far as you know, that book would

16 probably have every Affidavit that you signed and

17 Monica notarized, right?


19 Mischaracterization.


21 BY MR. BLEIL:

22 Q. You see her mark down that information in

23 that book, right?

24 A. Yes.

25 Q. Did you ever see her notarize something


181

1 and didn't mark it down in her notary book?

2 A. Don't remember.

3 Q. You don't remember her not doing that?

4 A. Yes, I don't remember her not doing it.

5 Q. So she kind of did it every time she came

6 to notarize?

7 A. Yes.

8 Q. So, as far as you know, that notary book

9 probably would be a pretty good record of what she

10 notarized, right?



13 BY MR. BLEIL:

14 Q. Do you have any reason to believe it

15 would be a bad record?


17 THE WITNESS: Bad?

18 BY MR. BLEIL:

19 Q. You don't have any reason to believe that

20 Monica would falsify her notary book?


22 THE WITNESS: No.

23 BY MR. BLEIL:

24 Q. Has she ever lied to you?

25 MS. PRETE: Objection. Form, relevance.


182


2 BY MR. BLEIL:

3 Q. Did you ever catch her in a lie?

4 MR. PRETE: Objection. Relevance.

5 THE WITNESS: No.

6 BY MR. BLEIL:

7 Q. Did you ever converse with Monica?

8 A. No.

9 Q. Does she ever say anything to you?

10 A. Hello.

11 Q. She said hello. Okay. So Monica says

12 hello to you. How long have you known Monica?

13 A. I really don't know. Since 2008 for

14 sure.

15 Q. Because you're looking at this Affidavit,

16 right?

17 A. Yes.

18 Q. Does Monica still notarize affidavits for

19 you?

20 A. Yes.

21 Q. From at least December '08 to when, last

22 week?

23 Yes. A.

Q. 24 And besides saying hello has Monica ever

25 said anything else to you?


183


2 answered.

3 THE WITNESS: No.

4 BY MR. BLEIL:

5 Q. Has she ever said your name?

6 A. I think not.

7 Q. Do you know if Monica has the ability to

8 vocalize?



11 BY MR. BLEIL:

12 Q. You don't know if Monica --

13 A. Yes, because she says hello.


15 BY MR. BLEIL:

16 Q. So when you sign these Affidavits you

17 sign them one at a time, right?

18 A. Yes.

19 Q. Does Monica sit with you when you sign

20 them one at a time?

21 A. Yes.

22 Q. So Monica sits with you all day in your

23 office?


25 THE WITNESS: No. When I'm ready to

VeIitextiFlorida Reporting Co. Serving the State of Florida (305) 376-8800

184

1 sign.

2 BY MR. BLEIL:

3 Q. When you're ready to sign what happens?

4 A. Monica will corne over and sign.

5 Q. When do you usually sign your Affidavits,

6 is there a time of the day?

7 A. No.

8 Q. How does Monica know to corne in your

9 office?

10 A. I'll let her know.

11 Q. How do you let her know?

12 A. I say I'm ready to sign.

13 Q. Do you pick up a phone?

14 A. Sometimes.

15 Q. When would you not pick up a phone?

16 A. When I just go over there and say I'm

17 ready.

18 Q. Where is Monica located in relation to

19 your office?

20 A. Around the corner.

21 Q. So sometimes you'll pick up the phone and

22 say Monica corne on over, I'm going to sign some

23 Affidavits, and she says okay?


25 answered.


185

1 THE WITNESS: I don't know what she says

2 but she's corning.

3 BY MR. BLEIL:

4 Q. Does she say anything besides hello?


6 answered.

7 THE WITNESS: I don't know. I don't know

8 anything specific.

9 BY MR. BLEIL:

10 Q. I'm not asking for anything specific.

11 A. I don't know then. I don't know.

12 Q. Does she ever say good morning?

13 MS. PRETE: Relevance.

14 THE WITNESS: I don't know. I think so.

15 MS. PRETE: Where are we going with this?

16 BY MR. BLEIL:

17 Q. You've known Monica at least since

18 December '08, right?

19 A. Right.

20 Q. And we're in May?

21 A. Right.

22 Q. Can you remember any particular words

23 that she said to you besides hello?

24 A. No.

25 MS. PARSONS: Objection. Relevance.


186


2 MR. BLEIL: For the record, there's only

3 person that runs it.

4 MS. PARSONS: I'm just wondering where

5 are we going with a conversation that they may

6 or may not have had?

7 MR. BLEIL: The thing is Miss Bailey has

8 known Monica and signed a number of

9 affidavits in a number of months.

10 MS. PRETE: That's fine. What is the

11 purpose?

12 MR. BLEIL: I'm trying to find out if

13 they have a conversation other than say hi to

14 each other.

15 BY MR. BLEIL:

16 Q. Miss Bailey, is there any reason why

17 Monica makes you provide identification?


19 conclusion.


21 BY MR. BLEIL:

22 Q. Well, have you ever signed any Affidavits

23 that say produce ID on them?

24 A. I don't know.



187

1 BY MR. BLEIL:

2 Q. Have you ever had to produce your

3 driver's license to any other notary at Litton Loan?

4 A. Probably.

5 Q. Do you remember the last time you did

6 that?

7 A. No.


9 BY MR. BLEIL:

10 Q. How do you know you've ever done that if

11 you


13 Q. On what do you base that statement that

14 you're sure?

15 A. Because there had been times when Monica

16 wasn't there.

17 Q. You said you were sure.

18 A. I said I probably have. I said I'm sure

19 I probably have.

20 Q. On what do you base that statement?


22 THE WITNESS: She may not have been

23 there. People go on vacation or sick.

24 MS. PRETE: I'm sorry. Where are we

25 going with the whole line of have you had a

Veritext!Florida Reporting Co. Serving the State of Florida (305) 376-8800

188

1 conversation?

2 MR. BLEIL: I find it interesting why the

3 notary would want identification.

4 MS. PRETE: It's a notarized form.

5 MR. BLEIL: Counsel, you know as well as

6 I, that we have seen a number of forms that say

7 personally known or produced identification and

8 all they said was hello. She doesn't have

9 anything else. I mean, I'm trying to find out

10 how -- maybe I should ask the notary how she

11 knows.

12 MS. PRETE: Maybe you should ask the

l3 notary.

14 MR. BLEIL: I think I should.

15 MS. PRETE: You've exhausted the

16 questions at this point.

17 MR. BLEIL: She doesn't know.

18 MS. PRETE: I think you've gotten all the

19 information out of her about the notary that

20 you're going to get at this point.

21 BY MR. BLEIL:

22 Q. Miss Bailey, does Monica ever say you are

23 hereby swearing and testifying and affirming that the

24 stuff in this Affidavit is true and correct? Does

25 she put you under oath and swear you?


189

1 A. No.

2 Q. Well, you've seen those things in the

3 courtroom on television where they have the witness

4 stand up and say: I swear to tell the truth, the

5 whole truth, and nothing but the truth; you've seen

6 that before, right?

7 A. Yes.

8 Q. Does-Monica ever say anything like that

9 to you?

10 A. No.


12 BY MR. BLEIL:

13 Q. She doesn't swear you?

14 A. Not in that form.

15 Q. What form would she swear you in?

16 A. I don't know.

17 Q. Does she say anything to you when you

18 sign these Affidavits?


20 THE WITNESS: No.

21 BY MR. BLEIL:

22 Q. So you don't know if she puts you under

23 oath or not?




190

I BY MR. BLEIL:

2 Q. Do you have an idea of what I'm saying?

3 A. An oath to me is swearing on the Bible.

4 I'm not putting my hand on a Bible, not raising my

5 right hand. That's an oath to me. No, I'm not doing

6 that.

7 Q. What is she doing when you're signing?

8 A. . She's watching me sign.

9 Q. She is watching you sign them?

10 A. Right.

11 Q. She doesn't put you under oath; she

12 doesn't swear you?

13 A. Not that I know of.

14 Q. Would you know if she said something like

15 swearing you in?


17 answered. I think she's answered the question,

18 counselor.

19 THE WITNESS: Not that I know of.

20 BY MR. BLEIL:

21 Q. Well, looking back here at the front of

22 this Affidavit, Miss Bailey, it says "Before me"

23 you see where I'm at, right? " ... personally

24 appeared, the Affiant."

25 Would you agree that is you?


191

1 A. Yes.

2 Q. " .. . who, being duly sworn, deposes and

3 says, upon personal knowledge that:"

4 Why would it say in the Affidavit that

5 you're being duly sworn if you don't know if you've

6 been duly sworn?

7 A. I can't answer that.

8 Q. Did you ever ask the notary why that's

9 there?

10 A. No.

11 Q. Did you ever say to your boss -- what was

12 her name? Did you ever say: Hey, Debra, what does

13 this mean here saying that I'm being duly sworn,

14 deposes and says?


16 answered, relevance.

17 THE WITNESS: No.

18 BY MR. BLEIL:

19 Q. You never asked her about that?


21 THE WITNESS: No.

22 BY MR. BLEIL:

23 Q. Do you know what this Affidavit is used

24 for?

25 A. In a foreclosure action.


192

1 Q. Do you know what it does in a foreclosure

2 action?

3 A. No.

4 Q. How long have you been signing Affidavits

5 of Indebtedness on behalf of Litton Loans?


7 answered.

8 THE WITNESS: About twelve years.

9 BY MR. BLEIL:

10 Q. And you have no idea what this Affidavit

11 of Indebtedness is used for in a foreclosure action?



14 THE WITNESS: I'm not an attorney.

15 BY MR. BLEIL:

16 Q. Did you ever ask your attorney what it

17 is?


19 answered.

20 THE WITNESS: No.

21 BY MR. BLEIL:

22 Q. You never asked your boss, right?


24 answered.

25 THE WITNESS: No.


193

1 BY MR. BLEIL:

2 Q. And you never even asked the notary what

3 it is?


5 answered.

6 THE WITNESS: No.

7 BY MR. BLEIL:

8 Q. Did you ever ask a coworker?

9 A. No.

10 MR. PRETE: Objection. Relevance.

11 BY MR. BLEIL:

12 Q. Why do you sign these Affidavits?

13 A. That's my job.

14 Q. To sign Affidavits?

15 A. Yes.

16 MR. PRETE: Objection. Asked and


18 BY MR. BLEIL:

19 Q. Do you understand with your signing this

20 Affidavit you're saying that everything in the

21 Affidavit is true and correct?

22 A. Yes.

23 Q. Do you understand that whenever you're

24 signing this Affidavit you're saying everything in

25 this lawsuit is true and correct?


194

1 A. Yes.

2 Q. You take your responsibilities at Litton

3 Loans pretty seriously, I imagine, right?


5 THE WITNESS: Yes.

6 BY MR. BLEIL:

7 Q. Have you ever had a disciplinary action

8 against you at Litton Loan for employment reasons?

9 A. No.

10 Q. You regularly show up on time, right?



13 BY MR. BLEIL:

14 Q. During the deposition today, Miss Bailey,

15 it seemed like there were a lot of things you don't

16 know. Would you agree with me?



19 BY MR. BLEIL:

20 Q. How can you sign an Affidavit of

21 Indebtedness for u.S. Bank National Association as

22 Successor to LaSalle Bank National Association, as

23 Trustee for the C-Bass Mortgage Loan Asset-Backed

24 Certificates, Series 2007-CB5, and know so little

25 about what you do?


195


2 THE WITNESS: I sign in accordance to

3 what's on our servicing system.

4 BY MR. BLEIL:

5 Q. And you don't ask any questions about

6 what you sign?

7 MS. PRETE: Objection. Form, asked and

8 answered.

9 THE WITNESS: Not always.

10 BY MR. BLEIL:

11 Q. So you've asked some questions then?


13 Mischaracterization of witness's testimony.

14 BY MR. BLEIL:

15 Q. What kind of questions have you asked

16 about these Affidavits?

17 A. I don't know.

18 Q. How do you know you've asked questions if

19 you don't know?

20 A. Just common sense. It has to be a

21 question.

22 Q. Can you remember any questions you ever

23 asked at Litton Loan about these Affidavits?

24 A. No.

25 Q. Can you remember ever asking anyone at


196

1 U.S. National Bank Association about these

2 Affidavits?


4 answered.

5 THE WITNESS: No.

6 BY MR. BLEIL:

7 Q. Do you remember ever asking their

8 attorneys any questions about that?


10 answered. She doesn't remember any specific

11 questions.

12 THE WITNESS: No.

13 BY MR. BLEIL:

14 Q. Are there other attorney firms that you

15 work with at Litton Loans?

16 A. Yes.

17 Q. Do you remember any of their names?



20 BY MR. BLEIL:

21 Q. Can you name one?

22 A. I don't want to name one.

23 Q. It's not whether you want to or not. Can

24 you name one?

25 A. I can name Butler and Hosch.


197

1 Q. I know. Both your lawyers are here.

2 You said you signed Affidavits for other

3 law firms. Can you name them?


5 THE WITNESS: I don't know if I can give

6 out other people's names.

7 BY MR. BLEIL:

8 Q. Unless your attorney directs you not to,

9 you're required to answer it.

10 A. Okay.

11 Q. What other law firms do you --

12 A. I can't think of the ones in Florida.

13 Q. They don't have to be in Florida.

14 A. I don't know.

15 Q. Well, a minute ago you said there were

16 more.

17 A. I can't think of their names.

18 Q. Can you remember where they are?

19 A. In all different states.

20 Q. You said not in Florida. Let's go

21 through them. Are they in Alabama?

22 A. Sure are.

23 MS. PRETE: Are we going to go --

24 MR. BLEIL: Maybe it will jog Miss

25 Bailey's memory.


198

1 MS. PRETE: I doubt it.

2 MR. BLEIL: It may.

3 BY MR. BLEIL:

4 Q. Do you know if you signed them in

5 Arkansas?

6 A. I don't know.

7 MS. PRETE: I object to you stating every

8 single state.

9 THE WITNESS: I sign in different states.

10 BY MR. BLEIL:

11 Q. What different states? Do you remember

12 one?

13 MS. PRETE: She already answered she

14 signed in Florida.

15 BY MR. BLEIL:

16 Q. Any other states? What other states have

17 you signed in?


19 Q. Do you know if it was Texas?

20 A. I'm pretty sure.

21 Q. Could it be California?

22 A. I'm pretty sure.

23 Q. SO now you're starting to remember a

24 little more, right?

25 A. No.


199

1 MS. PRETE: Objection. Relevance. Where

2 are we going with this?

3 MR. BLEIL: She is being terribly

4 evasive, counsel. She frequently or

5 conveniently forgets. Miss Bailey doesn't know

6 much of anything.

7 MS. PRETE: Is there a specific question?

8 If so, ask Miss Bailey.

9 BY MR. BLEIL:

10 Q. Did you ever sign an Affidavit with the

11 State of Pennsylvania?

12 A. I'm sure I did.

13 Q. Upon what do you base the statement that

14 you're sure you signed Affidavits in the State of

15 Pennsylvania?

16 A. I signed them in just about every state.

17 Q. Can you remember a state that you don't

18 sign them in?

19 A. No, I can't.

20 MS. PRETE: Objection. Relevance. Is

21 there a purpose?

22 MR. BLEIL: You make the objection. The

23 rule is you make the objection.

24 MS. PRETE: Okay. That's fine. But

25 there's no reason for continuing to ask what


200

1 state.

2 MR. BLEIL: If I say the state, it may

3 jog Miss Bailey's memory. She doesn't seem to

4 know anything about anything.

5 MS. PRETE: What has that to do with this

6 Affidavit? What does it have to do with this

7 case?

8 MR. BLEIL: I'm thinking the witness may

9 have some kind of a defect in memory or

10 medication.

11 MS. PRETE: The Order said you can ask

12 her what's within her Affidavit. Now you're

13 asking- her if she knows other attorneys from

14 fifty states. Is there a purpose for the

15 question?

16 MR. BLEIL: I'm trying to figure out her

17 position.

18 MS. PRETE: What position?

19 MR. BLEIL: You have the option, for the

20 record, if you want to cancel the deposition,

21 you can. You know what you can and can't do as

22 a lawyer and really that's for the Court to

23 rule on later as far as whatever. I'm really

24 frustrated here.

25 BY MR. BLEIL:


201

1 Q. Miss Bailey, getting back to the

2 question. You worked for Litton Loan for seven

3 years. Can you tell me something that you do know

4 about this Affidavit of Indebtedness?

5 A. I signed it.

6 Q. You can tell me you signed it. Looking

7 at it can you tell me anything else about it?

8 Anything.

9 A. I'm not sure what that question means.

10 Q. It means can you tell me anything about

11 this Affidavit besides the fact that you signed it?

12 MS. PRETE: Objections. Form.

13 THE WITNESS: It's on paper.

14 BY MR. BLEIL:

15 Q. Okay. It's on paper. Can you tell me

16 anything else about it?

17 A. Do you want me to ask something?


19 BY MR. BLEIL:

20 Q. I'm asking you about it. Can you tell me

21 anything about this Exhibit A besides the fact that

22 you signed it and it's on paper?

23 A. It's true and correct.

24 Q. And upon what do you base the statement

25 that it's true and correct?


202

1 A. Because I reviewed the servicing system,

2 and what I found in the servicing system is in the

3 Affidavit.

4 Q. But you said everything in the Affidavit

5 was true and correct, right?

6 A. To the best of my knowledge.

7 Q. No, it wasn't to the best of your

8 knowledge. I think you said it was true and correct?

9 A. Yes, true and correct, to the best of my

10 knowledge.

11 Q. You said you went through the Affidavit

12 and everything was true and correct. You remember

13 that part, right?

14 A. I don't know the terminology in them, but

15 it's in the servicing system and it's true and

16 correct.

17 Q. You understood when you signed that

18 Affidavit you were testifying everything in the

19 Affidavit was true and correct?

20 A. True and correct.

21 Q. You also appreciate the fact that

22 everything in the Complaint was true and correct,

23 right?

24 A. Yes.

25 MR. BLEIL: No further questions at this


203

1 time.

2 MS. PRETE: No questions.

3 MR. BLEIL: Do you want to give her the

4 instruction?

5 MS. PRETE: Do you want to read? You

6 have the option to read or waive.

7 THE WITNESS: Read what?

8 MS. PRETE: The transcript.

9 THE WITNESS:Oh, no. I waive.

10

11 (Reading and subscribing waived.)

12

13 (Thereupon the taking of the deposition

14 was concluded)

15

16

17

18

19

20

21

22

23

24

25


204

1

2 CERTIFICATE OF OATH

3

4 STATE OF FLORIDA

5 COUNTY OF MIAMI-DADE

6

7 I, the undersigned authority, certify that the

8 witness, DENISE MICHELLE BAILEY, personally appeared

9 before me on Monday, June 8, 2009, and was duly

10 sworn.

11

12 WITNESS my hand and official seal this 12th

13 day of June, 2009.

14

15

16

17

18

19 Robert I. Fingles

20 Notary Public - State of

21 Florida My Commission No.

22 DD674200.

23 Expires: July 2, 2011.

24

25


205

1 REPORTER'S DEPOSITION CERTIFICATE

2

3 STATE OF FLORIDA

4 COUNTY OF MIAMI-DADE

5

6 I, ROBERT I. FINGLES, Court Reporter,

7 certify that I was authorized to and did

8 stenographically report the deposition of DENISE

9 MICHELLE BAILEY; that a review of the transcript was

10 not requested; and that the transcript is a true and

11 complete record of my stenographic notes.

12

13 I further certify that I am not a relative,

14 employee, attorney, or counsel of any of the parties,

15 nor am I a relative or employee of any of the

16 parties' attorneys or counsel connected with the

17 action, nor am I financially interested in the

18 action.

19

20 DATED this 12th day of June, 2009

21

22

23

24

25 ROBERT I. FINGLES, CP


090608-denise ton cbass 2007-cb5 v austin fl

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